1690 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75

refrain from doing, either by contract or otherwise, or either or

both of said writs.

1888, art. 75, sec. 118. 1888, ch 456, sec. 86c.

125. The declaration in such action shall set forth sufficient
grounds upon which the claim for mandamus or injunction is
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.

Ibid, sec 119. 1888, ch. 456, sec. 85 D

126. 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 recoverable 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 subject to all rules governing general
demurrers at law, both as to the proceedings thereon and
thereafter.

Ibid sec. 120. 1868, ch. 456, sec. 86 E

127. 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 duty to be enforced, or forbidding him to do,
repeat or continue the wrong against which an injunction is
claimed.

Ibid. sec. 121. 1888, ch. 456, sec. 86 F.

128. The writ so issued need not recite the declaration or
other proceedings, pr the matter therein stated, but shall
simply command the performance of the duty, or forbid the
doing, repetition 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