CO129-164 - Sir Kennedy - 1873 [7-9] — Page 62

( 50 )

CHAPTER XVI.

Mandamus.

LXXXII. The plaintiff in any action except replevin and ejectment, may indorse C. L. P. A. 1854, upon the writ and copy to be served a notice that the plaintiff intends to claim a writs. 68-74. of mandamus, and the plaintiff may thereupon claim in the petition either together with any other demand which may now be enforced in such action, or separately, a writ of mandamus commanding the defendant to fulfil any duty in the fulfilment of which the plaintiff is personally interested.

2. The petition in such action shall set forth sufficient grounds upon which such claim is founded, and shall set forth that the plaintiff is personally interested therein, and that he sustains or may sustain damage by the non-performance of such duty and that performance thereof has been demanded by him, and refused or neglected.

3. The proceedings in any action in which a writ of mandamus is claimed shall be the same in all respect, as nearly as may be, as in an'ordinary action for the recovery of damages. 4. In case judgment shall be given to the plaintiff that a mandamus do issue, it shall be lawful for the Court in which such judgment is given, if it shall see fit, besides issuing execution in the ordinary way for the costs and damages, also to issue a peremptory writ of mandamus to the defendant, commanding him forthwith to perform the duty to be enforced.

5. The writ need not contain any recitals but shall simply command the per- formance of the duty, and in other respects shall be in the form of an ordinary writ of execution, except that it shall be directed to the party and not to the Sheriff, and returnable forthwith; and no return thereto, except that of compliance, shall be allowed, but time to return it may, upon sufficient grounds, be allowed by the Court or a judge, either with or without terms.

6. The writ of mandamus so issued as aforesaid shall have the saine force and effect as a peremptory writ of mandamus issued out of the Court, and in case of diso- bedience, may be enforced by attachment.

7. The Court may, upon application by the plaintiff, besides or instead of pro- ceeding against the disobedient party by attachment direct that the act required to be done may be done by the plaintiff, or some other person appointed by the Court, at the expense of the defendant; and upon the act being done, the amount of such expense may be ascertained by the Court itself, or by reference to the Registrar, as the Court may think fit to order; and the Court may order payment of the amount of such expenses and costs, and enforce payment thereof by execution.

CHAPTER XVII.

Suits in forma pauperis.

See HK, G. 0.1 Mar., 1847 94-37.

LXXXIII. The Court may on petition filed admit any person to sue in formâ 5. R. 264. pauperis on being satisfied of his poverty, and that he has prima facie a case proper for some relief in the Court; and may admit any person to defend in formâ pauperis on being satisfied of his poverty.

2. No pauper suit shall be brought for the recovery of any sum of money on 1. c. 298, account of damages for libel, slander, or assault.

3. No person shall be admitted to sue or defend in forma pauperis unless the R. H. T. 121. petition contains a full and true statement of all the material facts to the best of the petitioner's belief and such statement is verified on oath or by affidavit.

4. If in any case the Court thinks fit to assign a counsel or attorney to assist as. R. 265. person admitted to sue or defend in formâ pauperis, the counsel or attorney so assigned may not refuse his assistance unless he satisfies the Court that he has some good reason for refusing.

5. If a pauper gives or agrees to give any fee, profit, recompense, or reward for s. R. 266. the despatch of his business in Court, he shall be deemed guilty of a contempt of Court, and he shall also be forthwith dispaupered, and shall not be afterwards admitted again in that suit to sue or defend in formâ pauperis.

6. A person admitted to sue or defend in formâ pauperis may be dispaupered s. R. 267,

by order of the Court, on its appearing that he was not when admitted, or no longer

is of sufficient poverty, or that he is abusing his privilege by vexatious proceedings.

7. Where a pauper omits to proceed to trial pursuant to notice, he may be called R. H. T. 122. upon to show cause why he should not pay costs though he has not been dispaupered, and why all further proceedings should not be stayed until such costs shall be paid.

PART V.

PROCEEDINGS BY AGREEMENT OF PARTIES-ARBITRATION—

MISCELLANEOUS PROVISIONS.

60