the-ordinances-of-the-legislative-counci-1890 — Page 357

ORDINANCE No. 6 OF 1855. 321


Common Law Procedure.


62. In case judgment shall be given to the plaintiff that a mandamus
and execu
do issue, it shall be lawful for the Court, if it shall see fit , besides issuing tion.

execution in the ordinary way for the costs and damages , also to issue a
peremptory writ of mandamus to the defendant, commanding him forth
with to perform the duty to be enforced .

63. The writ need not recite the declaration or other proceedings , Form of per
emptory writ.
or the matter therein stated , but shall simply command the performance [ See Ord.
No. 3 of1858
of the duty, and in other respects shall be in the form of an ordinary 8. 1
writ of execution , except that it shall be directed to the party and not to
the sheriff, and may be issued in term or vacation and returnable
forthwith ; and no return thereto, except that of compliance, shall be
allowed , but time to return it may, upon sufficient grounds , be allowed
by the Court, either with or without terms .

64. The writ of mundamus so issued as aforesaid shall have the Effect of writ
of mandamus
same force and effect as a peremptory writ of mandamus, and in case of and proceed
ings to
disobedience, may be enforced by attachment. enforce it.

Court may
65. The Court may, upon application by the plaintiff, besides or order the act
to be done at
instead of proceeding against the disobedient party by attachment, direct the expense
that the act required to be done may be done by the plaintiff, or some of the
defendant.
other person appointed by the Court, at the expense of the defendant ;
and upon the act being done, the amount of such expense may be ascer
tained by the Court , either by writ of inquiry or reference to the Registrar,
as the Court may order ; and the Court may order payment of the amount
of such expenses and costs, and enforce payment thereof by execution .

66. The Court shall have power, if it see fit so to do, upon the Delivery of
specific
application of the plaintiff in any action for the detention of any chattel , chattels
to order that execution shall issue for the return of the chattel detained ,

without giving the defendant the option of retaining such chattel upon
paying the value assessed , or otherwise agreed upon , and that if the said
chattel cannot be found, and unless the Court should otherwise order,

the sheriff shall distrain the defendant by all his lands and chattels till
the defendant render such chattel, or, at the option of the plaintiff, that
he cause to be made of the defendant's goods the assessed value of such
chattel ; provided that the plaintiff shall, either by the same or a separate
writ of execution, be entitled to have made of the defendant's goods the
damages, costs, and interest in such action .