Many proceedings in the High Court are initiated by forms of summons different from the writ of summons. Of those issued in the High Court three classes merit mention : I. For determining interlocutory matters of practice and procedure arising in "a pending cause or matter." These are now limited as far as possible to a general summons for directions, introduced in 1883 so as to discourage frequent and expensive applications to the masters or judges of the High Court on ques tions of detail. These summonses are sealed and issued on appli cation at the offices of the High Court. The matters raised are dealt with by a master with an appeal to a judge in chambers summarily. In matters of practice and procedure there is no appeal from a judge at chambers without leave from him or from the court of appeal.
2. For determining certain classes of questions with more dis patch and less cost than is entailed by action or petition. This kind of summons is known as an "originating summons," because under it proceedings may be originated without writ for certain kinds of relief specified in the rules (R.S.C., 0. 55, r. 3). The originating summons may be used in all divisions of the High Court, but is chiefly employed in the chancery division, where it to a great extent supersedes actions for the administration of trusts or of the estates of deceased persons, and for the f ore closure of mortgages a similar but not identical procedure was created with reference to questions of title, etc., to real property. In the king's bench and probate divisions the originating summons is used for determining summarily questions as to property be tween husband and wife, or the right to custody of children, and many other matters (0. 54, IT. 4 B-4 F), but there is nothing to prevent a summons of this kind issuing in the king's bench for the determination of some such question as the construction of a bill of lading. The proceedings on an originating summons are conducted summarily at chambers without pleadings, and the evidence is usually written. In the chancery division when the questions raised are important the summons is adjourned into court. An appeal lies to the court of appeal from decisions on originating summonses. The forms of summonses and the proced ure thereon in civil cases in the High Court are regulated by the Rules of the Supreme Court.
3. Certain proceedings on the Crown side of the king's bench division are begun by summons, e.g., applications for bail; and in vacation writs of habeas corpus, mandamus, prohibition and certiorari are asked for by summons as the full court is not in session. (See Crown Office Rules, 1906.) Mandamus has always been regarded as an exceptional remedy to supplement the deficiencies of the common law, or defects of justice. The writ is used to compel inferior courts to hear and de termine according to law cases within their jurisdiction, e.g., where a county court or justices in petty or quarter sessions refuse to assume a jurisdiction which they possess to deal with a matter brought before them. It has in recent years been employed to compel municipal bodies to discharge their duties as to providing proper sewerage for their districts, etc. The courts do not pre scribe the specific manner in which the duty is to be discharged, but do not stay their hands until substantial compliance is estab lished.
Besides the prerogative common law writ there are a number of orders, made by the High Court under statutory authority, and described as, or as being in the nature of, mandamus, e.g., manda mus to proceed to the election of a corporate officer of a munici pal corporation (Municipal Corporations Act 1882, s. 225) ; orders in the nature of mandamus to justices to hear and deter mine a matter within their jurisdiction, or to state and sign a case under the enactments relating to special cases.
At common law mandamus lies only for the performance of Acts of a public or official character. The enforcement of merely private obligations, such as those arising from contracts, is not within its scope. But now a mandamus may be granted by an interlocutory order of the High Court in all cases in which it shall appear to the court just or convenient that such an order should be made. (0. 53). The remedy which is thus created is an attempt to engraft upon the old common law remedy by dam ages a right in the nature of specific performance of the duty in question. It is not limited to cases in which the prerogative writ would be granted ; but mandamus is not granted when the result desired can be obtained by some remedy equally convenient, beneficial and effective, or a particular and different remedy is pro vided by statute. An action for mandamus does not lie against judicial officers such as justices. The mandamus issued in the action is no longer a writ of mandamus, but a judgment or order having effect equivalent to the writ formerly used. (See IN The jurisdiction of the High Court, derived from the court of chancery, to decree specific performance of contracts has some resemblance to mandamus in the domains of public or quasi public law.