1254
No. 3 of 1901.
Acceleration
of proceedings for prerogative writ.
[17 & 18 Vict. c. 125 s. 76.
Procedure on prerogative writ.
[ib. s. 77.]
Cases in
which relief by inter-
pleader granted.
O.57 r. 1.
Matters to be proved by applicant. ib. r. 2.
form 40.
Adverse titles of claimants.
ib. r. 3.
CODE OF CIVIL PROCEDURE.
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,—
(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 parties (in this Chapter called the claimants) making adverse claims thereto; and
(2) where the applicant is the bailiff and claim is made to any movable property taken or intended to be taken in execution under any process, or to the proceeds or value of any such movable property, by any person other than the person against whom the process issued.
526. The applicant must satisfy the Court, by affidavit or otherwise,—
(1) that the applicant claims no interest in the subject-matter in dispute, other than for charges or costs; and
(2) that the applicant does not collude with any of the claimants; and
(3) that the applicant, except where he is the bailiff and has seized movable property and has withdrawn from possession in consequence of the execution creditor admitting the claim of the claimant, is willing to pay or transfer the subject-matter into Court or to dispose of it as the Court may direct.
527. The applicant shall not be disentitled to relief by reason only that the titles of the claimants have not a common origin, but are adverse to and independent of one another.
1254
No. 3 of 1901.
Acceleration
of proceed. ings for prerogative writ.
[17 & 18 Vict. c. 125 s. 76.
Procedure on prerogative writ.
[ib. s. 77.]
Cases in
which relief by inter-
pleader granted.
0.57 r. 1.
Matters to be proved by applicant. ib. r. 2.
form 40.
Adverse titles of claimants.
ib. r. 3.
CODE OF CIVIL PROCEDURE.
523. On application by motion for a prerogative writ of man- damus, 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 re- turn 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,—
(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 parties (in this Chapter called the claimants) making adverse claims thereto; and
(2) where the applicant is the bailiff and claim is made to any movable property taken or intended to be taken in execution under any process, or to the proceeds or value of any such movable pro- perty, by any person other than the person against whom the process issued.
526. The applicant must satisfy the Court, by affidavit or other- wise,-
(1) that the applicant claims no interest in the subject-matter in dispute, other than for charges or costs; and
(2) that the applicant does not collude with any of the claimants; and
(3) that the applicant, except where he is the bailiff and has seized movable property and has withdrawn from possession in consequence of the execution creditor admitting the claim of the claimant, is will- ing to pay or transfer the subject-matter into Court or to dispose of it as the Court may direct.
527. The applicant shall not be disentitled to relief by reason only that the titles of the claimants have not a common origin, but are adverse to and independent of one another.
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