1242
Proceedings
in action claiming mandamus.
H. K. Code,
s. 85 (3).
Issue of peremptory writ of mandamus.
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
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 recovery of damages.
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
H. K. Code,
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.
s. 85 (4).
Nature of writ and
return thereon.
s. 85 (5).
(2) The court may, on sufficient cause shown, extend the time for the performance of the duty.
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 H.K. Code, 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.
Saving of pre-
of mandamus.
Prerogative writ of mandamus.
522. Nothing in this Chapter shall affect the jurisdiction of the court to grant prerogative writs of mandamus; nor
17 & 18 Vict.
shall any writ of mandamus issued out of the court be
c. 125, s. 75.
invalid by reason of the right of the prosecutor to proceed by action of mandamus under this Chapter.
Acceleration of proceed-
ings for prerogative 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 forth-
c. 125, s. 76.
with, 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.
17 & 18 Vict.
Procedure on
524. The provisions of this Code, so far as they are
prerogative
applicable, shall apply to the pleadings and proceedings on
17 & 18 Vict.
a prerogative writ of mandamus issued by the court.
c. 125, s. 77,
writ.
1242
Proceedings
in action claiming mandamus.
H. K. Code,
8. 85 (3).
Issue of peremptory writ of mandamus.
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
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 recovery of damages.
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 H. K. Code, 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.
s. 85 (4).
Nature of writ and
return
thereon.
s. 85 (5).
(2) The court. may, on sufficient cause shown, extend the time for the performance of the duty.
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 H.K. Code, 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 allow- ed, 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.
Saving of pre-
of mandamus.
Prerogative writ of mandamus.
522. Nothing in this Chapter shall affect the jurisdiction. rogative writ of the court to grant prerogative writs of mandamus; nor 17 & 18 Vict. shall any writ of mandamus issued out of the court be c. 125, s. 75. invalid by reason of the right of the prosecutor to proceed
by action of mandamus under this Chapter.
Accoloration of proceed- ings for prerogative 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 forth- c. 125, s. 76. with, 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.
17 & 18 Vict.
Procedure on
524. The provisions of this Code, so far as they are prerogative applicable, shall apply to the pleadings and proceedings on 17 & 18 Vict. a prerogative writ of mandamus issued by the court. c, 125, s. 77,
writ.
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