MANDAMUS, is a writ issuing in the King's name, out of the Court of King's Bench, and directed to any person, cor poration, or inferior court of judicature, commanding them to do some particular thing, as appertaining to their office and duty.
A writ of mandamus is a high preroga tive writ, of a most extensive remedial nature, and may be issued, in some cases, where the injured party has also another more tedious method of redress, as in the case of admission or restitution to an office; but it issues in all cases where the party has a right to have any thing done, and bath no other specific means of cOmpelling its performance. And this neral jurisdiction and superintendancy of the King's Bench over all inferior courts, to restrain them within their bounds, and to compel them to execute their ju risdiction, whether such jurisdiction arises from a modern charter, subsists by custom, or is created by act of parlia ment ; yet being in subsidium judicix, has of late been exercised in a variety of in stances.
It is grounded on a suggestion by affi davit of the party's own right, and the denial of justice below. It is sometimes granted upon a rule to spew cause only, but sometimes it is peremptory in the first instance. When it issues to do the thing, or spew cause, an action lies for a false return, if there be in fact such false return ; but the Court will not itself try the truth of the return in the first in stance. It is usually applied to the re storing of officers in corporations, or to electing new ones, where others have been wrongfully elected. See statutes 9 Anne, c. 20, and.12 George III. c. 21. It is a writ of very general application, and great utility,and may be said generally to lie where any person by his office has a clear duty to perform, and neglects to perform it, and the Court can order him to do the act required.