Odger's English Common Law

;
190 MALADMINISTRATION.
within six hours after demand by a prisoner or on his behalf
a copy of the warrant or commitment under which he is
detained, is in certain cases liable to a penalty of £100
and loss of office, and for a second offence to a penalty
of £200
1
in other cases he is liable, on motion made to
the Court, to be sent to prison for contempt. 2 Any person
who takes or sends a prisoner outside the realm in order that
he may be beyond the protection of this writ is liable to
the pains and penalties of a praemunire. 3
Lastly, whenever an individual is injured by the refusal
of a judicial or public officer to perform any duty imposed on
him by his office, he may apply for a writ of mandamus to
compel him to do his duty. The applicant for such a writ
must show that he has a clear legal right to the performance
of a certain act by the person against whom he asks the Court
to issue the writ, and also that it is the imperative duty of
such person to do that act. If such person has vested in
him a discretion to do or not to do that act as he may think
fit, no writ of mandamus will issue against him.* And if the
applicant has any other remedy which is equally convenient,
beneficial and effectual, the Court will not grant him a writ
of mandamus. 5
Thus a mandamus to hear and determine a
case will .be granted against the judge of an inferior Court,
who has declined to exercise his jurisdiction by refusing to
hear a case ; but it will not be granted against a judge of any
superior Court. In some cases, however, where a judge of
an inferior Court refuses to give judgment in a case, the
party who suffers from such delay may apply to the High
Court for a writ of procedendo ad judicium commanding the
judge to proceed to judgment.
III. Bribery and Corruption.
Any person holding judicial or other public office, who
accepts any gift or payment offered to him in order to
i 31 Car. II. c. 2.
2 K6 Geo. III. c. 100.
" See ante, p. 156.
4 R. v. Kensington (1848),
(1862), 31 L. J. Q B. 50.
12 Q. B. 654 ; B. v. Vestry of St. Luke's, Chelsea
8
6
R. v. Commissioners of Inland Revenue (1884), 12 Q. B. D. 461.
See further as to the writ of mandamus, post, p. 1175.