Whenever a peremptory mandamus is directed to any public officer, body or board, commanding the performance of any public duty specially enjoined by law, if it appear to the court that such officer, or any member of such body or board, has, without just excuse, refused or neglected to perform the duty so enjoined, the court may impose a fine, not exceeding Five Hundred Dollars ($500.00), upon every such officer or members of such body or board. Such fine, when collected, shall be paid into the treasury of the county where the duty ought to have been performed; and the payment thereof is a bar to an action for any penalty incurred by such officer or member of such body or board, by reason of his refusal or neglect to perform the duty so enjoined.
§ 1462.Penalty For Refusal Or Neglect to Perform
Chapter 26: Mandamus · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1462 authorizes a fine of up to five hundred dollars against a public officer, body, or board that refuses or neglects, without just excuse, to perform a duty ordered by a peremptory writ of mandamus, with proceeds going to the county treasury.
Full Text of § 1462
Amendment History
R.L. 1910, § 4918.
Plain-English Summary
Section 1462 gives mandamus real teeth against public officials. When a peremptory writ orders a public officer, body, or board to perform a duty specially enjoined by law, and the court finds that officer or a member of the body or board refused or neglected to perform it without just excuse, the court may impose a fine of up to five hundred dollars on each such officer or member.
The fine goes into the treasury of the county where the duty ought to have been performed. Once paid, it bars any action against that officer or member for a penalty otherwise incurred by the same refusal or neglect.
Frequently Asked Questions
What happens if a public official ignores a peremptory writ of mandamus?
The court may fine the official up to five hundred dollars for refusing or neglecting to perform the duty without just excuse.
Where does the fine money go?
Into the treasury of the county where the duty ought to have been performed.
Can the official be penalized again for the same refusal after paying the fine?
No - payment of the fine bars an action for any penalty incurred by reason of that refusal or neglect.
Does this fine apply to an entire board, or just one person?
It can apply to every officer or member of the body or board who refused or neglected the duty without just excuse.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
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