have no reasonbut here there is action appeared to be a mere pretence, and to able foundation, we should not listen to it; so much doubt, that I am of opinion we ought not to grant a mandamus." R. v. Dayrell and another, 1 B. & C. 485. So, where an application was made for a mandamus to justices, to grant a warrant of distress against a person for non-payment of a poor-rate; it appearing that the rate had not been published on the first Sunday after it was allowed, the court held it bad on that account, and refused the mandamus, even although it appeared that the rate had been appealed against and confirmed on appeal. R. v. Newcomb, 4 T. R. 368. So, in R. v. Dyer and Hall, 2 Ad. & E. 606, the court refused a mandamus requiring justices to issue a distress warrant for rates, where it was doubtful whether the party rated was. legally liable to be so. See also R. v. Greame, 2 Ad, & El. 615. R. v. Morehouse, Id. 632; see also R. v. Hughes, 3 Ad. & El. 425. R. v. Sillivant, 4 Id. 354. R. v. JJ. of Buckinghamshire, 3 Nev. & M. 68. R. v. Hall, 1 Har. & W. 83. R. v. JJ. of Somersetshire, Id. 82. So, where a doubt appeared whether a particular person was liable to contribute to the repairs of the highways in a parish, the court refused a mandamus requiring a magistrate to grant a distress warrant against him for a highway rate; the court saying, "we are not to subject the magistrate to risk, by compelling him to perform an act, where we see a legal probability that an action will be brought against him for doing it." R. v. Greame, 2 Ad. & E. 615; and see R. v. Morgan, Id. 618, n. R. v. Mirehouse and Elton, Id. 632. R. v. St. George's, Hanover Square, 8 Law J., 18, m. acc. See R. v. Trecothick, 2 Ad. & El. 405. R. v. JJ. of Middlesex, 2 Ld. Ken. 163. R. v. Freeman, 2 Ld. Ken. 19, semb. cont. In R. v. Benn and Church, 6 T. R. 198, the court refused the mandamus as to a distress warrant for a poor-rate, where the objection to it was that the party should first be summoned before the magistrate, before any distress warrant was issued against him; but the court said that they would award a mandamus to the justice to summon the party to hear the complaint against him, if it should be necessary. So, where a person was summarily convicted in a penalty, and it was doubtful whether the conviction was valid, the court refused a mandamus to a justice requiring him to issue a distress warrant for a penalty. R. v. Broderip, 5 B. & C. 239. S. P. R. v. Robinson, 2 Smith, 274; and see R. v. Twyford et al., 5 Ad. & El. 430. But where there is no doubt of the law upon the subject, and of the liability of the party, the court will interfere in this way, to compel justices to grant a distress warrant, R. v. JJ. of Middlesex, 2 Ld. Ken. 163. St. Luke's v. JJ. of Middlesex, 1 Wils. 133. R. v. Marriat et al, 12 Ad. & El. 79. R. v. Barker, 6 Id. 388. R. v. JJ. of Middlesex, 12 Law J., 36, m., if it be shown that the money was duly de warrant. manded and payment refused, and that the justice knew of the demand and refusal at the time he refused to grant the distress Ex p. Whitmarsh, 8 Dowl. 431. And now by stat. 6 & 7 Vict. c. 67, s. 3, no action, suit, or any other proceeding shall be commenced or prosecuted against any person or persons whatsoever, for or by reason of any thing done in obedience to any peremptory writ of mandamus issued by any court having authority to issue writs of mandamus. To other inferior tribunals.] The court of Queen's Bench will compel all inferior tribunals, to perform those duties assigned to them by law, where the party complaining has no other efficient remedy. But where, in an action of debt in the Palace court, judgment was allowed to go by default, but that court would not allow the plaintiff to sign a final judgment, which he insisted he had a right to do; and he accordingly applied to this court for a mandamus to the judge of the Palace court, commanding him to allow him to do so: but Holroyd J. said that it was not clear that he was entitled of right to a final judgment; and besides, if the court below were wrong, he had his remedy by writ of error, and therefore the court would not interfere. R. v. Marq. Conyngham, 1 D. & R. 529, S. C. nom. Arden v. Connell, 5 B. & A. 885. Nor, will the court grant a mandamus to the judge of an inferior court, commanding him to grant a new trial in a cause before him; Ex p. Morgan, 2 Chit. 250; for it is very doubtful whether an inferior court have authority to grant a new trial. So, where an application was made to this court for a mandamus to the judicial committee of the privy council, commanding them to receive from the applicant a petition to rehear his cause before them; the court refused the mandamus, saying there was no real difference between a mandamus to receive a petition to rehear, and a mandamus to rehear, and that they never granted, and had no authority to grant, a mandamus for any such purpose. Ex p. Carmichael Smyth, 4 Nev. & M. 582. Mandamus to Justices to enter Continuances and hear an Appeal. VICTORIA, &c. To the keepers of our peace, and our justices assigned to hear and determine divers felonies, trespasses, and other misdemeanors, committed within our county of and to every of them, greeting: Whereas, we have been given to understand and be informed in our court before us, that at the general quarter sessions of the peace holden at in and for the said county of ----- on -, an appeal theretofore entered by and on behalf of the church- holden, were then and there required, on the part and behalf of the churchwardens and overseers of the poor of the said parish of A., to hear and determine the merits of the said appeal; but that you the said last-mentioned keepers of our peace and justices, not regarding your duty in that behalf, did then and there absolutely neglect and refuse to hear and determine the said appeal, and that you did then and there dismiss the same without hearing and determining the merits thereof, and that you have not nor have any of you, at any time since, heard or determined the same; in contempt of us, and to the great damage and grievance of the inhabitants of the said parish of A.; whereupon they have humbly besought us that a fit and speedy remedy may be provided in this respect now we being willing that due and speedy justice should be done in this behalf, as it is reasonable, do command you the said keepers of our peace and justices, in and for our said county of and every of you, firmly enjoining you, that you do without delay enter, or cause to be entered, continuances upon the said appeal, from session to session, to the now next general quarter sessions of our peace, to be holden in and for our said county of; and that at such next general quarter sessions of the peace, you do proceed to hear and determine the merits of the said appeal; or that you show us cause to the contrary thereof, lest in your default the same complaint should be repeated to us: And how you shall have executed this our writ make known to us at Westminster, on the- day of then returning to us this our said writ. Witness, Thomas Lord Denman, at Westminster, the day of, in the year of our reign. By the Court, By Rule of Court. Mandamus to Justices out of Sessions to receive an Information. VICTORIA, &c. To A. B. and C. D., esquires, two of the keepers of our peace and justices assigned to hear and determine divers felonies, trespasses and other misdemeanors committed within our county of, and to each of them, greeting: Whereas we have been given to understand, in our court before us, that heretofore, to wit, on , in the year of our reign, at in our said county of a certain complaint and information was made and exhibited to and before you, by one J. S., against J. N. of in our said county of for [here set out the offence shortly,] by reason whereof and by force of the statute in such case made and provided the said J. N. was therein alleged to have incurred a certain penalty in the said complaint and information specified; And whereas we have been further given to understand in our said court before us, that you the said A. B. & C. D., keepers of our peace and justices as aforesaid, were then and there required, by and on behalf of the said J. S., to receive the said complaint and information, and to proceed in pursuance of the said statute to hear the same and to adjudicate thereon: Yet that you the said A. B. and C. D., keepers of our peace and justices as aforesaid, not regarding your duty in that behalf, did absolutely neglect and refuse to receive the said complaint and information, and to hear the same and to adjudicate thereon, and the same still remains unheard and undetermined; to the great damage and grievance of the said J. S., and in manifest obstruction of public justice: Whereupon he hath humbly besought us that a fit and speedy remedy may be provided in this respect: Now We, being willing that due and speedy justice be done in this behalf, as it is reasonable, do command you the said A. B. and C. D., keepers of our peace and justices as aforesaid, firmly enjoining you, that immediately after the receipt of this our writ, you [or one of you], do without delay receive the said complaint and information, and proceed in pursuance of the statute in such case made and provided to hear the same and to adjudicate thereon, lest in your default the same complaint should be repeated to us: And how you shall have executed this our writ, make known to us, at Westminster, on, then returning to us this our said writ. Wit ness, Thomas Lord Denman, at Westminster, the day of year of our reign. By the Court. in the By Rule of Court. Mandamus to Justices, to grant a Warrant of Distress. VICTORIA, &c. To A. B. and C. D., esquires, two of the keepers of our peace, and justices assigned to hear and determine divers felonies, trespasses, and other misdemeanors, committed within our county of and to each of them, greeting: Whereas by a certain rate and assessment for the relief of the poor, intituled "An assessment [&c., as in the heading of the rate], and which has been duly allowed and published, one J. N. was on the day and year aforesaid, at the parish aforesaid, assessed and rated for a [house and garden] in the said parish, as the occupier of the same, at the sum of twelve shillings and sixpence, being at the rate of sixpence in the pound upon 501., the said sum of 501. being the alleged annual rateable value of the said house and garden, as in the said rate and assessment is more particularly specified and set forth; And whereas since the making of the said rate and assessment, and since the allowance and publication of the same as aforesaid, payment of the said sum of twelve shillings and sixpence hath been duly demanded of and from the said J. N. for and on behalf of the churchwardens and overseers of the poor of the said parish, but the said J. N. hath refused and wholly neglected to pay the same or any part thereof, and the same now remains unpaid and unsatisfied; And whereas we have been given to understand in our court before us, that the said J. N., having been duly summoned before you the said A. B. and C. D., as such keepers of the peace and justices as aforesaid, to show cause why he had not paid the said sum of 12s. and 6d. so assessed upon him as aforesaid, personally appeared before you, onat in the county aforesaid, in obedience to the summons in that behalf, but did not show any suffi cient cause why he had not paid the same, except [here state the substance of any defence made by the party rated]; and an application was thereupon then and there made to you the said A. B. and C. D., as such keepers of the peace and justices as aforesaid, by and on behalf of the said churchwardens and overseers of the poor of the said parish of, in the county aforesaid, to issue your warrant of distress to levy the said sum of 12s. and 6d. upon the goods and chattels of the said J. N., yet you the said A. B. and C. D., keepers of our peace and justices as aforesaid, not regarding your duty in that behalf, did then and there absolutely neglect and refuse, and still do neglect and refuse, to issue such warrant of distress; to the great damage and grievance of the said churchwardens and overseers, and of the parishioners of the said parish: Whereupon the said churchwardens and overseers of the said parish of — the county aforesaid have humbly besought us that a fit and speedy remedy may be provided in this respect: Now We, being willing that due and speedy justice be done in this behalf, as it is reasonable, do command you the said A. B. and C. D., as such keepers of our peace and justices as aforesaid, firmly enjoining you, that immediately after the receipt of this our writ, you do without delay issue your warrant of distress under your respective hands and seals, in due and proper form, for the levying of the said sum of 12s. and 6d. upon the goods and chattels of the said J. N., in pursuance of the statute in such case made and provided; or that you show us cause to the contrary thereof, lest in your default the same complaint should be repeated to us: And how you shall have executed this our writ, make known in to us, at Westminster, on then returning to us this our said writ. Witness, Thomas Lord Denman, at day of Westminster, the By Rule of Court. 2. Mandamus to Parish Officers. To guardians of an union, &c.] If the poor-law commissioners order the guardians of an union to do any act, which the guardians may lawfully do, and which the commissioners may lawfully require to be done,—this court will enforce obedience to the order by mandamus. Therefore, where the poorlaw commissioners required the guardians of an union to appoint a chaplain for the union workhouse, this court, being of opinion that the commissioners had authority to make the order, granted a mandamus requiring the guardians to obey it; and the return made to it being deemed bad, the court awarded a peremptory mandamus. R. v. Guardians of the Braintree Union, 1 Ad. & El. N. C. 130. So, where the visitor and guardian of a parish, under stat. 22 G. 3, c. 83, borrowed two sums of 50l. each, for the purpose of paying the share of their parish towards repairing the union workhouse, and gave their bonds for the amount, as they were enabled to do by the act; they paid the interest upon these bonds for nearly thirty years to the obliger, and until his death, and in the following year to his executor, but they refused to pay either interest or principal afterwards: upon an application for a mandamus, to compel the present guardian, churchwarden and overseers of the parish to pay both principal and interest, it was answered that by stat. 43 G. 3, c. 110, s. 2, the parish officers ought to have paid off one-twentieth of the principal, and the interest, every year, and it would be a hardship upon the present parishioners to have to pay the whole; but the court said that the creditor was not to suffer for the neglect of the parish officers; and if it were thought inconvenient to raise the money at once by a rate, they had authority by the Act of Parliament to borrow it of some other person; they accordingly granted the mandamus, to pay off the debt with interest. R. v. Carpenter et al., 6 Ad. & El. 794. Where an application was made for a mandamus, commanding the guardians of an union to swear in J. N., as their clerk, upon affidavits showing that at the election to the office, J. N. and J. S. were candidates, and that J. S. had a majority of votes by one, but that four of these guardians who voted for him had themselves been illegally chosen; the court refused the writ, as they would not in this way try the title of persons who were officers de facto; besides the writ, if granted, must be returned by those persons whose title was thus impugned; and if they were sufficient to make a return, they |