1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 132

826

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

Right of

plaintiff to claim man- damus by indorsement on writ.

H.K. Code, s. 85 (1).

Setting forth of

grounds for mandamus

CHAPTER XXII.

MANDAMUS.

Action of mandamus.

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 the state- ment of claim, either together with any other demand which may be enforced in such action or separately, a writ of mandamus commanding the defendant to fulfil any duty in the fulfilment of which the plaintiff is personally interested.

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

of claim.

H.K. Code,

s. 85 (2).

Proceedings in action claiming mandamus.

H.K. Code, s. 85 (3).

Issue of peremptory writ of mandamus.

H.K. Code,

s. 85 (4).

Nature of writ and

return

thereon.

H.K. Code, s. 85 (5).

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 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 disobedi- ence, be enforced by committal.

(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 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.