CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
827
Prerogative writ of mandamus.
522. Nothing in this Chapter shall affect the jurisdiction of the court to grant prerogative writs of mandamus; nor shall any writ of mandamus issued out of the court be invalid by reason of the right of the prosecutor to proceed by action of mandamus under this Chapter.
17 & 18 Vict. c. 125, s. 75.
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.
17 & 18 Vict. c. 125, s. 76.
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.
17 & 18 Vict. c. 125, s. 77.
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.
Cases in which relief by interpleader granted. O. 57, r. 1.
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
Matters to be proved by applicant. O. 57, r. 2.
Schedule. Form No. 40.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
827
Prerogative writ of mandamus.
writ of
522. Nothing in this Chapter shall affect the jurisdiction of Saving of the court to grant prerogative writs of mandamus; nor shall prerogative any writ of mandamus issued out of the court be invalid by mandamus. reason of the right of the prosecutor to proceed by action of 17 & 18 Vict. c. 125, s. 75. mandamus under this Chapter.
523. On application by motion for a prerogative writ of Acceleration mandamus, the rule may in all cases be absolute in the first of proceed.
ings for instance, if the court thinks fit; and the writ may bear teste on prerogative the day of its issuing, and may be made returnable forthwith, writ. but time to return it may, on sufficient grounds, be allowed by c. 125, s. 76. 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 ap- Procedure plicable, shall apply to the pleadings and proceedings on a prerogative writ of mandamus issued by the court.
on preroga- tive writ.
17 & 18 Vict.
c. 125, s. 77.
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.
Cases in which relief
by inter- pleader granted. 0.57, r. 1.
526. The applicant must satisfy the court, by affidavit or Matters to otherwise-
(1) that the applicant claims no interest in the subject- matter in dispute, other than for charges or costs; and
be proved by applicant 0. 57, r. 2.
Schedule. Form
(2) that the applicant does not collude with any of the claim- No. 40. ants; and
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