Dictionary |
prohibition A writ formerly issuing out of the High Court to restrain an inferior court from exceeding its powers. Prohibitions were of three kinds. (1) An absolute prohibition was peremptory, and wholly tied up the inferior jurisdiction. (2) A temporary prohibition (a prohibition quousque) was operative only until a particular act was done, and was ipso facto discharged on the act being done. (3) A limited to partial prohibition (a prohibition quoad) extended only to that part of the proceeding which exceeded the jurisdiction of the inferior court, allowing it to proceed as to the residue. |
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