MANDAMUS, Writ of, in English law, is usually described as a high prerogative writ, containing a command in the name of the king, and issuing from the King’s Bench, directed to persons, corporations, and inferior courts, ordering them to do a specific act within the duty of their office. Direct orders from the sovereign to subjects commanding the performance of particular acts were common in early times, and to this class of orders mandamus originally belonged. It became customary for the Court of King’s Bench, in cases where a legal duty was established but no sufficient means existed for enforcing it, to order performance by this writ. At all times, accordingly, mandamus has been regarded as of the nature of an equitable interference supplementing the deficiencies of the common law. When the object sought could be •equally well obtained by other means, as by an action, or by any other form of proceedings, then mandamus would not lie. A further condition of mandamus at common law was that it lay only for the performance of acts of a public or official character. The enforcement of merely private obligations, such as those arising from contracts, was not within its scope. Further, the interference of the court could only be obtained when there was no doubt of the existence of the duty, or when performance had been demanded and refused. Nor would the writ be issued when performance had become impossible. By the Common Law Procedure Act, 1854, the plaintiff in any action other than replevin and ejectment was entitled to claim a writ of mandamus to compel the defendant to discharge any duty in which the plaintiff might show that he was personally interested, or from the non-performance of which he might sustain damage. The duties so enforceable must, however, be of a ...public character. By the Judicature Act, 1873, a mandamus may be granted by an interlocutory order of the court in all cases in which it shall appear to the court to be just and convenient, and subject to such terms and conditions, if any, as the court shall think just. Under this section it has been held that the court (which now includes what was formerly the Court of Chancery) has power to issue a writ of mandamus in auy cause or matter pending before it, but when the cause is at an end the power is gone. And it has also been held that, when the circumstances are such as would form ground for an application for the old prerogative writ of mandamus, the application must be made to the Queen’s Bench division, which has taken the place of the Court of Queen’s Bench on the old system. The jurisdiction of the Court of Chancery to compel specific performance of contracts has some resemblance to mandamus in the domain of semi-public law. For a collection of the cases in which the prerogative writ of mandamus will or wi∏ not lie, reference may be made to Tapping On Mandamus, and to Selwyn’s Nisi Prius, art. “Mandamus.”
The writ has passed into the law of the United States. ’ ‘ There is in the federal judiciary an employment of the writ substantially as the old prerogative writ in the King’s Bench practice, also as a mode of exercising appellate jurisdiction, also as a proceeding ancillary to a judgment previously rendered, in exercise of original jurisdiction, as when a circuit court having rendered a judgment against a county issues a mandamus requiring its officers to levy a tax to provide for the payment of the judgment.” And in the various States mandamus is used under varying regulations, mandate being in some cases substituted aS the name of the proceeding. See Abbott’s Law Dictionary.
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