Reports of Cases Adjudged in the Supreme Court of Judicature of the State of New York (Volume 2); From January Term 1799 to January Term 1803, Both Inclusive Together with Cases Determined in the Court for the Correction of Errors During That Period (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1848. Excerpt: ... Fish v. Weatherwax. tj 56. If no return be made, the court will grant an attachment againt the persons to whom the mandamus was directed; with this difference, however that where a mandamus is directed to a corporation to do a corporate act and no return is made, the attachment is granted only against those particular persons who refuse to pay obedience to the mandamus; but where it is directed to several persons in their natural capacity, the attachment for disobedience must issue against all, though when they are before the court the punishment will be proportioned to their offence. (Rex v. Churchwardens and Overseers of Salop, Hil. 8 Geo. II. Buller's Nisi Prins, 201. 1 Gude Cr. Prac. 189. Mayor of Coventry's case, 2 Salk. 429.) If a mandamus be directed to a "town council," and they adjourn the corporate assembly in order to prevent the return being made, the members will be punishable for contempt. (Regina v. Sir Gilbert Heathcote. 10 Mod. 56.) If an attachment issues for not returning a mandamus, and the sheriff, who is to serve the process, takes bail thereupon, this is a misdemeanor for which an attachment will be granted against him; for these are not like attachments in chancery, for want of an answer, which are only as attachments of process, but are writs on contempt, in nature of executions, and so not bailable by the sheriff (The King v. Baskerville, Sheriff of Shropshire, Mich. 9 Geo. II." tj 57. The writ is to be returned by him to whom it is directed; and if any other return it in his name, without his privity and consent, an action on the case lies against him: also, it is an offence for which the court will grant an attachmeut.t (Skin. 368, pi. 15. Carth. 500. Comb. 422. 2 Show. 504, pi. 465. Bac. Abr. tit. Mandamus, G. See also 2 K. St...