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Section III Mandamus

831. In the following cases:
1. 1. whenever any corporation neglects or refuses to make any election which by law it is bound to make, or to recognize such of its members as have been legally chosen or elected, or to reinstate such of its members as may have been removed without lawful cause;
1. 2. whenever any person holding any office in any corporation, public body, or Court of inferior jurisdiction, omits, neglects or refuses to perform any duty belonging to such office, or any act which by the law he or she is bound to perform;
1. 3. whenever any heir or representative of a public officer or notary royal omits, refuses or neglects to do any act which, as such heir or representative, he or she is by law obliged to do;
1. 4. in all cases where a writ of mandamus would lie in England;

any person interested may apply to the Supreme Court or to the Judge and obtain a writ, commanding the defendant to perform the act or duty required, or to show cause to the contrary on a day fixed.

832. The application is made by a petition, supported by affidavit setting forth the facts of the case, and presented to the Court or Judge, who may thereupon order the writ to issue to be returned on a fixed day. The writ is served in the same manner as any other writ of summons.

833. The proceedings subsequent to the service are had in accordance with the provisions contained in the first section of this Chapter.

834. If the petition is well founded, the Court or Judge may order the issuing of a peremptory writ, commanding the defendant to do the thing demanded of him or her; and if he or she fails to comply he or she may be held by imprisonment to do it, unless the defendant is a corporation, in which case it may be condemned to pay a fine not exceeding $1,920, which is levied by execution in the ordinary manner against its movable and immovable property.

835. Any person whom, or the person representing any corporation to whom the peremptory writ is directed, is bound to return such writ on the day specified, together with a certificate thereon of its execution.

836. If the matter relates to the making by a corporation of any election to an office which is vacant by reason of such election not having taken place within the time required, or being or having been declared null, the proceedings are the same as above mentioned; and the writ commands the proper officer, or, in his or her absence, such person as is appointed by the Court or Judge, to proceed to such election, at the place and time fixed, and to do every act to be done in order to carry out such election, or show cause to the contrary.

837. The person to whom such writ or peremptory writ is addressed cannot, however, proceed to such election without giving public notice thereof in writing, and such notice must be published in the Gazette at least 10 days previous to the day fixed for such election.

838. Nevertheless, every such election and every act done in order thereto is void, unless as great a number of voters are present and vote thereat as would have been required if the election had taken place at the usual time and under ordinary circumstances.