Liberia <«- 



power is never exercised for the purpose of giving effect to the will 

 of the judge ; always for the purpose of giving effect to the will 

 of the legislature; or in other words to the will of the law." It 

 will be noticed that the jurisdiction of the Supreme Court, both 

 original and appellate, is fixed by the Constitution. It is a 

 settled legal principle that where a jurisdiction is conferred and 

 no forms prescribed for its exercise, there is an inherent power 

 in the Court to adopt a mode of proceeding adapted to the 

 exigency of the case. 



I do not think it will be denied therefore that the Supreme 

 Court has an inherent right to supervise the subordinate Courts, 

 in such a manner as to prevent disorder and failure of justice. 

 This right grows out of its appellate jurisdiction in all cases. 



But notwithstanding this, the Legislature has from time to time 

 affirmed the right by statutory enactment. The 7th section of 

 an Act to amend the 5th Article of an Act entitled " An Act to 

 establish the Judiciary and fixing the Powers common to several 

 Courts," passed in 1858, read as follows: "It is further enacted, 

 that the Supreme Court, or Chief Justice, in the interim of said 

 Court, shall have power to issue writs of prohibition to the County 

 Courts when proceeding as Courts of Admiralty and in the exercise 

 of maritime jurisdiction ; and writs of mandamus, in cases when 

 a new trial, a writ of error, or an appeal has been denied ; or when 

 it is proved that the judge otherwise failed to do his duty, agree- 

 ably to the principles and usages of law, to any Courts created, or 

 persons appointed and holding office under the authority of the 

 Republic of Liberia." 



An Act reorganising the Supreme Court was passed in 1875. 

 Sec. 5 of this law contains the following : " Upon satisfactory 

 application to the Chief Justice or either of the As.sociate Justices 

 during the recess of the Supreme Court, it shall be lawful for 

 either of them to issue such writs or processes as are usual in 

 the common law and the practice of the Supreme Court of the 

 United States, or order the same issued from the Clerk's office." 



Among the prerogative writs mentioned in common law, which 

 by statutory enactment is a part of our Civil Code, except when 

 otherwise expressly directed by the Legislature of Liberia, is the 

 writ of mandamus. The right to issue such a writ appertains ex- 

 clusively to a judge of the Supreme Court. 



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