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Mandamus

court and party

MANDAMUS, in law, a writ issued by a superior court and directed to some inferior tribunal, or to some corporation or person exercising public authority, commanding the performance of some specified duty. In general practice in the United States a mandamus where a party has a right to have a thing done and has no other remedy, and in some cam where he has another but a tedious and inade quate one; and must be applied for withou delay. It is either in the alternative, ordering the court, corporation or party to which or whom it is directed to do the thing specifiei or to appear and show cause why it should not be done; or absolute, commanding the thing specified to be done without any condition a alternative. The writ is usually first issued :r the alternative, and in case of there being appearance, or no sufficielt cause to the co trary being shown an absolute mandamus s issued. The cases enumerated for the issues

of this writ are— to compel the party applying to be restored to some office or franchise of a public nature, whether temporal or spiritual: for the production, inspection or delivery of public books and papers: to oblige bodies cor porate to affix their common seal; or to com pel the holding of a court. It may be directed to an inferior court, ordering it to proceed in the hearing of a cause, or to enter up a judg ment. Consult Bailey, W. F., 'Treatise on the Law of Habeas Corpus and Special Remedies' (2 vols., Chicago 1913) ; Spelling, T. C., 'Treat ise on Injunctions and Other Extraordinary Remedies' (2d ed., Boston 1901) and Wood. H. G., 'Treatise on the Legal Remedies of Mandamus and Prohibition' (3d ed., Albany 1896).