C-25 - Code of Civil Procedure

Section 844 Disposition versions

1994-01-01

844. Any person interested may apply to the court to obtain an order commanding a person to perform a duty or an act which is not of a purely private nature, more particularly:

(1)  when a legal person, public body, or association within the meaning of the Civil Code omits, neglects or refuses to perform any duty or act incumbent upon it by law;

(2)  when a legal person or association within the meaning of the Civil Code omits, neglects or refuses to proceed to an election which by law it is bound to make, or to recognize such of its members as have been legally chosen or elected, or to reinstate those who have been removed without lawful cause;

(3)  when a public officer, or a person holding an office in a legal person, an association within the meaning of the Civil Code, a public body or a court subject to the superintending and reforming power of the Superior Court, omits, neglects or refuses to perform a duty belonging to such office, or an act which by law he is bound to perform;

(4)  when an heir or representative of a public officer omits, neglects or refuses to do an act which, in such capacity, he is by law bound to perform.

1965 (1st sess.), c. 80, a. 844; 1992, c. 57, s. 390.

1977-12-31

844. Any person interested may apply to the court to obtain an order commanding a person to perform a duty or an act which is not of a purely private nature, more particularly:

(1)  when a corporation, public body, or group of persons contemplated in article 60 omits, neglects or refuses to perform any duty or act incumbent upon it by law;

(2)  when a corporation or group of persons contemplated in article 60 omits, neglects or refuses to proceed to an election which by law it is bound to make, or to recognize such of its members as have been legally chosen or elected, or to reinstate those who have been removed without lawful cause;

(3)  when a public officer, or a person holding an office in a corporation, a group of persons contemplated in article 60, a public body or a court subject to the superintending and reforming power of the Superior Court, omits, neglects or refuses to perform a duty belonging to such office, or an act which by law he is bound to perform;

(4)  when an heir or representative of a public officer omits, neglects or refuses to do an act which, in such capacity, he is by law bound to perform.

1965 (1st sess.), c. 80, a. 844.