Hawes v. White

County commissioners. Mandamus. The county commissioners have a right of access to the records of the register of deeds and to the use of a portion of the office for the purposo of making the ledger index authorized by c. 227, of the Acts of 1874. In case the register resists this right, the writ of mandamus is the proper remedy.

On EXCEPTIONS. Petition foe weit of handAMus, commanding tbe respondent, register of deeds, to permit the petitioners to have access to the volumes of index and of records, and the use of a part of the office, for the purpose of changing all such volumes of index to the form known as the ledger index, etc. The respondent filed a motion to dismiss the petition : I. Because the aforesaid petitioners had no lawful authority to demand of said White the use of a portion of the office of register of deeds, and access to the volumes of records of deeds, and the index thereof, for the purposes mentioned in said petition. II. Because if the petitioners had lawful authority to change all the volumes of index now in the registry of deeds for said county of Knox, and to make new indexes of said volumes of records, as mentioned in said petition, and to employ the said Daniel P. Bose to perform said work, and the said petitioners and the said Bose were by the said White refused “access to the records, and the volumes of index, and refused to allow said work to be performed in said office of registry of deeds, and with violence and threats directed said Bose to leave said office,” and did resist and prevent the performance of said work, as is more fully' set forth in said petition, they have a remedy at law and mandamus will not lie. The presiding justice ruled that mandamus was a proper process upon the facts set forth, and that the motion and reasons thereon, furnished no sufficient answer, and ruled that the writ should issue; and the respondent alleged exceptions.