The Law And Practice of the High Prerogative Writ of Mandamus : As It Obtains Both in England, And in Ireland

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— The rule to proceed to the election of a mayor, is abso- lute in the first instance, in those cases where the mayor holds over, or where an actual vacancy by means of death has occurred,(y) or where the election is absolutely void.(«) In all cases where there is a subsisting mayor de facto, he must be served with notice of application for the writ, and be made a party to the rule and writ.(a) . Form of Writ; Direction. — The writ must be directed to the corporation by its corporate name, alth...ough there may be no mayor at the time the writ is granted. (J) .J Admission. — The writ lies to command admission to the office of mayor(c) of one duly entitled to such admission.
.] Swearing in. — At one time it was unsettled whether thewrito' mandamus lay to swear in to the office of mayor, (d) But is now clearly settled, that on a proper case made, the writ will be granted to swear in such an officer, or any other head officer of a municipal corporation,(e) fu) Supra, note [t). See tit.


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