1912_CODE_OF_CIVIL_PROCEDURE — Page 122

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1253

indorsement

of mandamus, and the plaintiff may thereupon claim in the state- damus by ment of claim, either together with any other demand which may on writ. be enforced in such action or separately, a writ of mandamus com- H.K. Code, manding the defendant to fulfil any duty in the fulfilment of which s. 85 (1). the plaintiff is personally interested.

518. The statement of claim in any such action shall set forth Setting forth sufficient grounds on which the claim is founded, and shall for man-

of grounds set forth that the plaintiff is personally interested therein, and that damus in

statement of he sustains, or may sustain, damage by the non-performance of claim. such duty, and that performance thereof has been demanded by [ib.s.85 (2).]

him and refused or omitted.

in action

519. The proceedings in any such action shall be the same in all Proceedings respects, as nearly as may be, as in an ordinary action for claiming the recovery of damages.

mandamus. [ib. s. 85 (3).]

writ of

mandamus.

520. (1) In case judgment is given for the plaintiff that a Issue of mandamus do issue, the Court may, if it thinks fit, issue a per-

peremptory emptory 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.

[ib. s. 85 (4).]

return

521. The writ of mandamus need not contain any recitals, but Nature of shall simply command the performance of the duty, and in other writ and respects shall be in the form of an ordinary writ of execution, except thereon. that it shall be directed to the party and not to the bailiff and be [ib. s. 85 (5).]

returnable forthwith; and no return thereto, except that of com- pliance, 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.

rogative writ

522. Nothing in this Chapter shall affect the jurisdiction of the Saving of pre- Court to grant prerogative writs of mandamus; nor shall any writ of of mandamus. mandamus issued out of the Court be invalid by reason of the right [17 & 18 Vict. of the prosecutor to proceed by action of mandamus under this Chapter,

c. 125 s. 75.]