the-ordinances-of-the-legislative-counci-1890 — Page 356

-320 ORDINANCE No. 6 OF 1855.


Common Law Procedure.

Court may
allow judg 55. If the garnishee disputes his liability, the Court, instead of
ment creditor making an order that execution shall issue , may order that the judgment
to sue garni
shee.
creditor shall be at liberty to proceed against the garnishee by writ,

calling upon him to shew cause why there should not be execution against
him for the alleged debt, or for the amount due to the judgment debtor,
if less than the judgment debt, and for cost of suit ; and the proceedings
on such suit shall be the same, as nearly as may be, as upon a writ of
revivor.

Garnishee
56. Payment made by or execution levied upon the garnishee under
-discharged.
any such proceeding as aforesaid shall be a valid discharge to him as
against the judgment debtor to the amount paid or levied , although such
proceeding may be set aside or the judgment reversed .

Attachment 57. There shall be kept in the Registrar's office a Debt Attachment
book to be
kept by the Book, and in such book entries shall be made of the attachment and
Registrar.
proceedings thereon , with names, dates, and statements of the amount

recovered and otherwise ; and copies of any entries made therein may be
taken by any person , upon application to the Registrar.

-Costs of 58. The costs of any application for an attachment of debt under
application.
this Ordinance, and of any proceedings arising from or incidental to such
application , shall be in the discretion of the Court.

Action for
mandamus to 59. The plaintiff in any action , (except replevin and ejectment )
enforce the may endorse upon the writ and copy to be served, a notice that the
performance
of duties. plaintiff intends to claim a writ of mandamus , and the plaintiff may
thereupon claim in the declaration, either together with any other demand
which may now be enforced in such action , or separately, a writ of manda
mus commanding the defendant to fulfil any duty in the fulfilment of which
the plaintiff is personally interested .

Declaration 60. The declaration in such action shall set forth sufficient grounds
in action for
mandamus. upon which such claim is founded , and shall set forth that the plaintiff
is personally interested therein , and 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 neglected .

Proceedings 61. The pleadings and other proceedings in any action in which a
upon claim
for manda
mus. writ of mandamus is claimed shall be the same in all respects, as nearly
as may be, and costs shall be recoverable by either party , as in an ordinary
action for the recovery of damages .