CIVIL
AD. 1901.] : CODE OF CIVIL PROCEDURE.
[No. 3.
755
claim. H. K. Code, s. 85 (2.)
sustain, damage by the non-performance of such duty, and that performance thereof has been demanded by him and refused or omitted.
519. The proceedings in any such action shall be the same in all respects, as nearly as may be, as in an ordinary action for the recovery of damages.
Proceedings in action claiming mandamus. Ib. s. 85 (3.)
writ of mandamus.
520.—(1.) In case judgment is given for the plaintiff that a mandamus do issue, the Court may, if it thinks fit, issue a peremptory writ of mandamus to the defendant, commanding him forthwith, or within such time as the Court may direct, to perform the duty to be enforced, and such writ may, in case of disobedience, be enforced by committal.
(2.) The Court may, on sufficient cause shown, extend the time for the performance of the duty.
damus. Ib. s. 85 (4.)
return
521. The writ of mandamus need not contain any recitals, but shall simply command the performance 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 Bailiff and be returnable forthwith; and no return thereto, except that of compliance, shall be allowed, but time to return it may, on sufficient grounds, be allowed by the Court, either on or without terms, as to the Court may seem just.
Prerogative Writ of Mandamus.
Saving of pre-rogative writ of mandamus.
522. Nothing in this Chapter shall affect the jurisdiction of the Court to grant prerogative writs of mandamus; nor shall any writ of mandamus issued out of the Court be invalid by reason of the right of the prosecutor to proceed by action of mandamus under this Chapter.
17 & 18 Vict. c. 125 s. 75.
of proceedings for pre-rogative writ.
523. On application by motion for a prerogative writ of mandamus, the rule may in all cases be absolute in the first instance, if the Court thinks fit; and the writ may bear teste on the day of its issuing, and may be made returnable forthwith, but time to return it may, on sufficient grounds, be allowed by the Court, either on or without terms, as to the Court may seem just.
524. The provisions of this Code, so far as they are applicable, shall apply to the pleadings and proceedings on a prerogative writ of mandamus issued by the Court.
CHAPTER XXIII.
INTERPLEADER.
525. Relief by way of interpleader may be granted—
Ib. s. 76.
Procedure on prerogative writ. Ib. s. 77.
Cases in which relief by inter-pleader
(1.) where the person seeking relief (in this Chapter called the applicant) is under liability for any debt or movable property for or in respect of which he is, or expects to be, sued by two or more persons.
CIVIL
AD. 1901.] : CODE OF CIVIL PROCEDURE.
[No. 3.
755
claim. H. K. Code, s. 85 (2.)
sustain, damage by the non-performance of such duty, and that per- statement of
ormance thereof has been demanded by him and refused or omitted.
619. The proceedings in any such action shall be the same in all re- spects, as nearly as may be, as in an ordinary action for the of damages.
recovery
Proceedings
in action claiming mandamus. Ib. 8. 85 (3.)
writ of man-
520.-(1.) In case judgment is given for the plaintiff that a manda- Issue of mus do issue, the Court may, if it. thinks fit, issue a peremptory writ of peremptory mandamus to the defendant, commanding him forthwith, or within such time as the Court may direct, to perform the duty to be enforced, and such writ, may, in case of disobedience, be enforced by committal.
(2.) The Court may, on sufficient cause shown, extend the time for the performance of the duty.
damus. 'Ih. e. 85 (4.)
return
521. The writ of mandamus need not contain any recitals, but shall Nature of simply command the performance of the duty, and in other respects writ and shall be in the form of an ordinary writ of execution, except that it shall thereto. be directed to the party and not to the Bailiff and be returnable forth- 15. 8. 85 (5.), with; and no return thereto, except that of compliance, shall be allowed, but time to return it may, on sufficient grounds, be allowed by the Court, either on or without terms, as to the Court may seem just.
Prerogative Writ of Mandamus.
Saving of pre- rogative writ
of mandamus.
522. Nothing in this Chapter shall affect the jurisdiction of the Court to grant prerogative writs of mandamus; nor shall any writ of mandamus issued out of the Court be invalid by reason of the right of the prosecu- 17 & 18 Fict. tor to proceed by action of mandamus under this Chapter.
►
c. 125 s. 75.
of proceed ings for rogative writ.
pre-
523. On application by motion for a prerogative writ of mandamus, Acceleration the rule may in all cases be absolute in the first instance, if the Court thinks fit; and the writ may bear teste on the day of its issuing, and may be made returnable forthwith, but time to return it
may, on sufficient grounds, be allowed by the Court, either on or without terms, as to the Court may seem just.
524. The provisions of this Code, so far as they are applicable, shall apply to the pleadings and proceedings on a prerogative writ of manda- mus issued by the Court.
CHAPTER XXIII,
INTERPLEADER.
525. Relief by way of interpleader may be granted-
Ib. s. 76.
Procedure on prerogative
writ Ib`8. 77.
Cases in
by inter-
(1.) where the person seeking relief (in this Chapter called the appli- which relief
cant) is under liability for any debt or movable property for or in pleader
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