AD. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
697
for payment of money, etc., on special case.
decision of
0.34 r. 6. H. K. Code,
duty) that, on the judgment of the Court being given in the affirmative or negative of the questions of law raised by the special case,-
(a.) a sum of money, fixed by the parties or to be ascertained by the Court or in such manner as the Court may direct, shall be paid by one of the parties to the other of them; or (b.) some property, movable or immovable, specified in the agreement, shall be delivered by one of the parties to the other of them; or (c.) one or more of the parties shall do or perform, or shall refrain from doing or performing, some particular act specified in the agreement, either with or without costs of the cause or matter or with the costs left to the discretion of the Court.
(2.) Where the agreement is for the delivery of some property, movable or immovable, or for the doing or performing or the refraining from doing or performing some particular act, the estimated value of the property to be delivered, or to which the act specified has reference, shall be stated in the agreement.
s. 88.
and execution on decision.
235. Upon the decision of the Court on such questions the judgment of the Court may be entered accordingly, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, unless otherwise agreed or unless stayed on appeal.
236.-(1.) It shall be lawful for persons interested or claiming to be interested in any question cognizable in the Court as to the construction of any Act of Parliament, Ordinance, will, deed, or other instrument in writing, or anything therein contained, or as to the title or evidence of title to any movable or immovable property contracted to be sold or otherwise dealt with, or as to the parties to or the form of any deed or instrument for carrying any such contract into effect, or as to any other matter falling within the equitable jurisdiction of the Court or made subject to the jurisdiction or authority of the Court by any statute, not being one of the statutes relating to bankruptcy, and including among such persons all lunatics, married women, and infants, to concur in stating such question in the form of a special case for the opinion of the Court, and it shall also be lawful for all trustees, executors, and administrators to concur in such case.
0.34 r. 6.
Power for persons interested in question as to construction of Act of Parliament, etc., to concur in stating special case for opinion of the Court, and procedure thereon.
c. 35 s. 1.
13 & 14 Vict.
(2.) It shall be lawful for the Court, on the hearing of any such special case, to determine the questions raised therein or any of them, and by a judgment to declare its opinion thereon and, so far as the case admits of the same, upon the right involved therein, without proceeding to administer any relief consequent upon such declaration.
(3) Every such declaration of the Court contained in any such judgment shall have the same force and effect as such declaration would have