sec.38Order in lieu of mandamus

### sec.38 Order in lieu of mandamus When a justice refuses to do any act relating to the duties of the justice’s office as such justice the party requiring such act to be done may apply to the Supreme Court, or a judge thereof, upon affidavit of the facts, for an order calling upon such justice and also the party to be affected by such act to show cause why such act should not be done, and if after due service of such order good cause is not shown against it, the court or judge may make the same absolute with or without or upon payment of costs. A justice upon being served with an order absolute shall obey the order and do the act required by it to be done. (sec.38-ssec.1) When a justice refuses to do any act relating to the duties of the justice’s office as such justice the party requiring such act to be done may apply to the Supreme Court, or a judge thereof, upon affidavit of the facts, for an order calling upon such justice and also the party to be affected by such act to show cause why such act should not be done, and if after due service of such order good cause is not shown against it, the court or judge may make the same absolute with or without or upon payment of costs. (sec.38-ssec.2) A justice upon being served with an order absolute shall obey the order and do the act required by it to be done.