The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24

in the ordinary course Of the law. II may issu
on the information Of the party beneficially in
tercsted.
/ Sec. 51I The writ I. either alternative o
pcrcmptory, The alternative writ must stat,
consisely tho facts showing the obligation oi III,
defendant TO perform the act, and his omission {,
perform IL, and command him, that inmcd dlatel,
upon tho receipt Of the writ, or at some othcI
specified time, he do the act required TO be per
formed, or show cause before the court wbonc,
the writ issued, at rpecifod time aud place
why he has not done SO; and that be, then ant
there, return the writ, with his certificate %
having cone as he is commanded. The percmp
tory writ must be in u similar form, except that
the words requiring the defendant to show cause
why he has not done as commanded, must b.
omitted.
Sec. SIP. When the right to require the per.
formancc OF the act is clear, and IL is appafen,
that no valid excuse can be given for not perform
ing IL, pcremptory mandamus may be allowed
10 the first instance. In all other cases, the al
Tentative writ must be fret issued.
Sec. 573. The motion for the writ must be
made upon affidavit and the court may require
notice OF the application TO be given to the
adverse party, or may grant any order to show
cause why il should not be allowed, or may gram
an order to show cause why IL should not be al.
lowed, or may grant the writ without notice.
Sec 57i. The allowance of the writ must be
granting il, and the writ must be served person.
ally upon the defendant. If the deft ndant duly
served negcct TO return the same, lie shall be
proceeded against, as for a contempt.
Sec. 575 On the rcturn.day OF the alternative
writ, or such further day, as the court may al.
low, the party on whom the writ shall have been
served, may show cause, by answer made in
the same manner as an answer to a petition, in
u civil action.
Sec. $40. lin answer be ma de, a peremptory
mandamus must be allowed against the defcn.
dInt. IL an answer be made, contai lining new
matter, the same shall not in any respect, con.
clude the plaintiff, who may on the trial or 9th.
or proceeding, avail himself OF any valid obicc.
ton to its suficiency, or may countervail il by
proof, either in direct denial or by way of avoid.
ancc.
Sec. SIT. No other pleading or written allie
CATION is allowed, than the writ and answer.
These arc the pleadiDgs in the case, and have
the same effect and are to be construed e. may
be amended in the same manner, as pleadings in
civil action; & the issues thereby joined, must
be tried and the further proceedings thereon
had in the same manner, as in civil action.
Sec. 57S. lfjudgment be given for the pla IN i.
tiff, he shall recover the damages which he shall
have sustained, 10 be asccrtained, by the court or
jury or by referees, in civil action, and costs;
and a peremptorY mandumus shall ,also, be grent
cd to him without delay.
Sec. 519. A recovery Of damages by virtne
OF this chapter, against party, who shall have
made a return to a writ of mandamus, is u bar
TO any other action against the same party for
the making Of such return.
Sec. $50. Whenevera ?eremptory ma anda mus
is directed to any public officer, body or board,
commanding the performance ofany public duty
specially enjoned by law, if it appear to the
curt, that such officer, or any member of such
body, or board, has, without just excuse, refused
or neglected TO perform the duty enioined. the
court may impose n fine notlcxcee edng five hun.
dred collars, upon every such officer or member
OF such body or board. Such ine; when collect.
ed. shall be paid into the treasury Of the county
where the duty ought to have been performed;
and the payment thereof, is bar to an action
Tor any penalty Incurred by such officer, or mem
Der of such body or board, by reason of his rcGu-
sal or neglect to perform the duty enjoned
OBSERVATION-DISCLOSURES APPLICABLE
TO THE WHOLE CODE.
CHAPTER |. Process.
g Duties Of Clerks.
3. Duties of Shcritfs.
a. Miscellaneous provisions.
3. Provisions respecting existing ac-
tiora
&. Provisions as to the operation Of the
Code.
CHAPTER l.
Process.
Sec. 5Sl. The style of all process shall be,
"The State OF Ohio --- county," It
shall be under the seal Of the court from whence
the same shall issue, shall DC signed by the clerk
and dated the day it issued.
Sec. 5S2. An order for provisional remedy
or any other process, in an action wherein the
sheriff is party, or is interested, shull be direct.
ed to the coroner. IL both these officers are in.
terested, the process shall be directed to and ex.