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Prohibition

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PROHIBITION.

A writ of prohibition is a high prerogative writ, issuing properly out of the court of King's Bench, directed to the judge and parties to a suit in an in ferior court, commanding them to ccase from the 3prosecution thereof. It issues upon a suggestion of usurQation of jurisdiction by the lower court. If either the inferior judge or the parties proceeded after such writ of prohibition has issued it was a contempt of the court issuing the writ. When the question of jurisdiction in the lower court is doubtful, it is tried by a feigned contempt, and if it be decided in favor of the lower court, the higher court grants a writ of consultation, thereby returning the cause to the lower rourt to be there proceeded with according to law.

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