1150 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75.

founded, and that plaintiff is interested therein; or, that he sus-
tains, or may sustain, damage by the non-performance of such
duty or act, or, the doing of, repetition of, or continuance of any
act, and that he has demanded performance, or discontinuance,
and so forth, thereof, and the same has been refused or neglected.

1888, ch. 456.

119. The pleadings and other proceedings in any action in
which a writ of mandamus or injunction is claimed shall be the
same in all respects, as nearly as may be, and costs shall be recov-
erable by either party as in an ordinary action at law; and the
defendant may demur to so much of the plaintiff's declaration as

claims such writ, and such demurrer shall raise the question
whether the facts stated as the ground of such claim disclose any
such legal duty as that so sought to be enforced, but shall be sub-
ject to all rules governing general demurrers at law, both as to
the proceedings thereon and thereafter.

Ibid.

120. In case judgment shall be given to the plaintiff that a
mandamus or injunction do issue, it shall be lawful for the court
in which said judgment is given, if it shall see fit, besides issuing

execution in the ordinary way for the costs and damages, also to
issue a peremptory writ of mandamus or peremptory injunction,
to the defendant, commanding him forthwith to perform the duly
to be enforced, or forbidding him to do, repeat or continue the

wrong against which an injunction is claimed.

Ibid.

121. The writ so issued need not recite the declaration or
other proceedings, or the matter therein stated, but shall simply
command the performance of the duty, or forbid the doing, repe-
tition or continuance of the wrong, and in other respects shall be
in the ordinary form of a writ of execution, except that it shall
be directed to the party and not to the sheriff, and may be issued
during the sittings of the court or not, and be returnable forth-
with ; 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.