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7 N.J.L. 192

Anonymous

Supreme Court of New Jersey

Decided May 15, 1824

Supreme Court of New Jersey · decided 1824-05-15

. Jeffers, in pursuance of a rule to shew cause, taken at the last term, applied for a mandamus, to be directed to the township committee of Lower Penn’s Heck, in the county of Salem, to compel them to assign and appoint, in writing, to the overseers of the highways, respectively, their several limits and divisions of the highways within such township, for opening, clearing out, working and amending the same, as by law they were bound to do under the act (Dev.

Decided 1824-05-15

Kirkpatrick, O. J.

¶1The principal object of taking a rule •to shew cause, is, in order that the other party may do the *233thing required without subjecting himself to the expense of a mandamus. But here the rule served upon the committee does not specify the object required to be done with sufficient particularity. The rule is, to shew cause why they should not open the road *and the application is, to compel them to assign, &c.; therefore the mandamus in this case cannot, for that reason, be granted, although that the court have a right to grant a mandamus in a subject matter of this kind, there can be no doubt.

¶2Mandamus refused.*

¶3See the form of a mandamus to the overseers of highways, 1 Cow. Rep. 22. note. See. also, other forms of mandamus, Lil. Ent. 247, 613. See. also, the case of The People v. The Commissioners of Salem, 1 Cow Rep. 23.

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