1923_CODE_OF_CIVIL_PROCEDURE — Page 128

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1241

tenant's interest in the same down to the time of the judg- ment given in the cause or to some preceding day to be specially mentioned therein; and the court or jury on the trial finding for the claimant shall in such case give its judgment or their verdict upon the whole matter, both as to the recovery of the whole or any part of the premises and also as to the amount of damages to be paid for such mesne profits; and in such case the landlord shall have judgment within the time hereinbefore provided, not only for the recovery of possession and costs, but also for the mesne profits found by the court or jury: Provided that nothing herein before contained shall be construed to bar any such landlord from bringing any action for the mesne profits which may accrue from the judgment or verdict, or the day so specified therein, down to the day of the delivery of possession of the premises recovered in the ejectment.

other

516. Nothing in this Chapter shall be construed to prej- Saving of udice or affect any other right of action or remedy which a remedies of landlord may possess in any of the cases herein before landlord. provided for, otherwise than as herein before expressly

enacted.

15 & 16 Vict. c. 76, s. 215.

CHAPTER XXII.

MANDAMUS.

Action of mandamus.

any other

Right of

plaintiff to claim man-

indorsement on writ.

517. The plaintiff in any action may indorse on the writ of summons a notice that the plaintiff intends to claim a writ of mandamus, and the plaintiff may thereupon claim in damus by the statement of claim, either together with demand which may be enforced in such action or separately, H. K. Code, a writ of mandamus commanding the defendant to fulfil any s. 85 (1). duty in the fulfilment of which the plaintiff is personally interested.

grounds for

518. The statement of claim in any such action shall set Setting forth sufficient grounds on which the claim is founded, and forth of shall set forth that the plaintiff is personally interested mandamus therein, and that he sustains, or may sustain, damage by the in statement non-performance of such duty, and that performance thereof H. K. Code, has been demanded by him and refused or omitted.

of claim.

s. 85 (2).

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