ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

tains, or may sustain, damage by the non-per-
formance of such duty or act ; or, the doing of,
repetition of, or continuance of any act ; and,
that he has demanded performance, or discon-
tinuance, and so forth, thereof, and the same
has been refused or neglected.
86D. The pleadings and other proceedings in

737

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 sub-
ject to all rules governing demurrers at common
law, both as to the proceedings thereon and
thereafter.
86E. In case judgment shall be given to the

Pleadings to
be the same,
etc.

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 issu-
ing 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 per-
form the duty to be enforced, or forbidding him
to do, repeat or continue the wrong against
which an injunction is claimed.
SEC. The writ so issued need not recite the

May issue
peremptory
writ.

declaration or other proceedings, or 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 not,
and be returnable forthwith ; and no return
thereto except that of compliance shall be
allowed ; but time to return it may, upon suffi-
cient grounds, be allowed by the court either
with or without terms.
86G. The writs issued as provided in the fore-
going sections shall have all the force of writs
47

Declaration
not necessary.