anonymous when a mandamus be grant in order to require a corporation to go to  a election how far it be necessary or not that the mandamus shall specify the  time when the election be to be a mandamus have be grant a few day ago to go  to a election of a officer of the corporation of esham in the county of  Worcester upon a affidavit that there be a vacancy and that the corporation  have not fill it the last charterday appoint for that purpose Mr will come now  and pray that that may be supersede unless a day be appoint in the writ when  the election be to be by the usage in this borough he say the notice to be  give of corporate assembly need not be above twentyfour hour he produce a  affidavit that one of the member of the corporation be a member of parliament  for the borough and by reason of that be now oblige to attend in parliament so  that it will be impossible for he to attend upon such short notice and beside  he say in all case it will be great expedient that a day shall be appoint in  the writ to prevent surprise to the party Mr fazakerly on the same side say  that he do own a good deal of pain have be take to find precedent of  mandamusses at commonlaw wherein a day for the meeting of the corporation be  appoint and that they have meet with little success mr draper say there be one  in the case of the corporation of Plymouth but that appear to be by consent  however he say it appear from every day experience that these writ be always  move for in open court and can never he have but in termtime he observe that a  rule for a mandamuss issue be so necessary that the mandamus by the practice  of the court must bear testae the very day the rule be make for this he appeal  to Mr masterman who assent to the same this he conceive show that these writ  be in the breast and discretion of the court and therefore they may very well  supersede they when they be grant or refuse to grant they when they be apply  for unless the party apply for they will consent Barnardiston king b to do  what be reasonable that be in the present case will consent to appoint a day  in case of attachment for nonpayment of cost or disobey a rule of court which  be writ that do not issue but upon motion and be in this respect upon the same  foot with writ of mandamus if the party offer to pay the money immediate or  otherwise to clear the contempt the court constant lie their hand upon the  writ and order it to lie in the master hand for a few day the counsel of the  other side declare they have no authority to consent and thereupon the opinion  of the court be take which be that a mandamus can issue but upon motion but  they think it a motion of course and declare that a mandamus be a writ which  the part be entitle to de jure judge probin say then a attachment be for a  contempt of the court and therefore he think that writ to be in the breast and  discretion of the court accord the motion be refuse vide post