reading fuch evidence, if the application is for a mandamus merely to fwear or to admit, and the right appears plain, the court grant the writ in the first inftance; but otherwife, as where it is to restore a perfon removed", the court only grant a rule for the party to whom the writ is intended to be directed to fhew cause, which is drawn up by the clerk of the rules, and a copy of it ferved perfonally on the party called on, to whom the original rule is at the fame time fhewn; of this an affidavit is then made, upon reading of which, or hearing the party's counsel against the rule, the court will make the rule abfolute, although the title of the party applying does not appear clear, but only doubtful, in order that the right may be tried'; and if there appears to the court by affidavit to be a reasonable ground to suspect that the party applying for the writ does not really mean to execute it', they will, after a rule nifi, grant a rule for a concurrent mandamus, and the court name a time for proceeding to the election to be inferted in the first writ": when the rule is thus made

Ibid.

Bull. N. P. title Mandamus. churchwardens and overfeers of Clerkenwell, ibid.

iRex v. the

* Same

Same v. the corporation of Wigan,

v. Dr. Bland, ibid.

2 Burr, 782.

Rex v. Haflemere, Say. 106.

abfolute,

abfolute, upon the production of it to the clerk in court he makes out the writ of mandamus" for the folicitor, who thereupon ferves it on the party it is directed to, and he accordingly indorfes or annexes the return thereto, and fends it up to the Crown Office by the return of the writ, or may be then compelled to return it in the way already defcribed"; but previous to the party's returning the writ, the particular return to be made to it is to be confidered, and as there is great precifion requifite in drawing it up, it is prudent to have it, as indeed it generally is, either drawn or fettled by the party's counsel; and when the return comes up to the office, the opinion of the court is obtained thereon in the manner pointed out under the head of certioraries.

When if the court are of opinion that the return is infufficient, they will make a rule for a peremptory mandamus, which the folicitor takes to his clerk in court, who thereupon makes out the writ', which is ferved as the former was; and if that is not complied with, after a peremptory fide bar rule to return it,

upon an affidavit thereof the court will grant an attachment for the contempt against the party, or in a corporation dispute against such of the parties as refufe to pay obedience to the writs, fo they will though it is returned, if fuch return appears to the court also infufficient, and under that compel a performance of the mandamus. If the return on the face of it is fufficient, but the facts are false, and the writ iffued refpecting a corporate right or office, the perfon at whofe inftance the writ iffued pleads to or traverfes the material facts contained in the return, to which the person making the return pleads, takes iffue, or demurs, and fuch other proceedings are had as in an action on the cafe for a falfe return'; and the court will grant either party a reasonable time to return the writ, or plead, reply, rejoin or demur, on an application for that purpose; and if a verdict is found for the party fuing out the writ, or he has judgment on demurrer, or by nil dicit, or in any other manner, the party fucceeding has his costs, and is intitled to an execution to compel the payment of them, and also a peremptory mandamus on

• Rex ». churchwardens and overseers of Salop, Bull. N. P. title Mandamus. '9 Anne, c. zo.

the

the expiration of the four day rule for judg ment; but if the perfon making the return has judgment, he has his cofts in like manner*. If the proceedings are at common law, as they are where the application is made in any of the cafes to which the ftatute of Queen Anne does not extend, that is, if it be not respecting a corporate office, &c. the remedy is as it was before the ftatute of Anne in the former cafe, namely, an action on the cafe, in this court for a falfe return in the name of the perfon applying (and which may ftill be brought in the other cafe if the party chufes it), and an information where no particular person is sufficiently interested to bring an action, but the return must be filed and allowed before the information is moved for; and then if judgment be given therein against the perfon making the return, the peremptory mandamus iffues.

"Rex v. corporation of West Loe, 3 Burr. 1386. C. 20.

Bull N. P. title Mandamus. * Ibid.

In what

cafes an attachment is gianted.

THE

CHAP. X.

Of the Writ of Attachment.

HE writ of attachment is the mode by which this and the other fuperior courts have immemorially punished contempts, the principal of which feem to be, ift. Such as are committed by inferior judges and magistrates by acting unjustly, oppreffively, or irregularly, or difobeying the King's writs, or proceeding in a cause after it is put a stop to, or removed by writ of prohibition, certiorari, error, superfedeas, and the like; for as this court, efpecially, has the fuperintendency over these inferior jurifdictions, any corrupt or iniquitous practices of fuch fubordinate judges are contempts of that fuperintending authority whose duty it is to keep them within bounds. 2dly. Such as are committed by fheriffs, bailiffs, goalers, and other officers of the court by abufing the process of the law, or deceiving the parties by any acts of oppreffion, extortion, collufive behaviour or culpable neglect of duty. 3dly. Such as have been committed by jurymen in collateral matters relating to the difcharge of their