"Dench, Mandamus was
"the
a
lie
only remedy and that
certiorari would not
On the question
whether
"be
a Certiorari might
practicable, where,
"Summons.
a
having been
"granted had been subsequently
dismissed, expressed myself
"with reserve, not having the
"Jurisdiction fully before
I have
now to state
"that 1° in none of the present
"Cases is certiorari an available
remedy, and (the summonses
having been dismissed upon
a merely preliminary objection
taken by the Magistrates themselves) that mandamus
is, in the latter class of cases
as in the former,
the mode of vindicating the "Law and (2) that if ever
Certiorari shall have
to be brought at the suit
of the Crown
arising out
of the Summary Jurisdiction
of Justices Ordinance after "Judgments, it must be
under the prerogative of the Crown alone.
Page 289
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