Page:United States Statutes at Large Volume 31.djvu/472

 420 rnrrr-sixrn CONGRESS. sSSS. 1. cn. 786. 1900. CHAr·rER· FIFTY·FIVE. _ or THE warr or REVIEW. Sec. Sec. 542. Writ of certiorari to be known as & 547. To whom directed. writ of review. 548. Stag of proceedings; when return- 543. Who may prosecute. . a le. . 544. By whom allowed and how applied 549. When and by whom writ issued; for. how served. 545. When allowed. 550. Incompleteretum;limitationofwrit. 546. Undertaking of plaintiff. 551. Power of court to review. beWQfo*;$,{’°;;iQ§,*,',§ {jg Sec. 542. _The writ formerly known as the writ of certiorari is review. known in this title as the writ of review. . Wh°m¤YP’°¤°°“°°· Sec. 543. Any party to any process or proceeding before or by any inferior court, officer, or tribunal may have the decision or determination thereof reviewed for errors therein as in this chapter prescribed. Upon a review, the court maygreview any intermediate order involving the merits necessarily affecting the decision or determination sought B h *1] °dtOS)6rBVi6w?1E1h hllb ll db h d ld W °m °W EG. 544. e writ s a e a owe the istrict court or °u e mdyhcw applied m` thereof, upon the petition of the plaintiflr, describing the decisidn gr determination sought to be reviewed with convenient certainty, and ° setting forth the errors alleged to have been committed therein. Such petition shall be signed by the plaintiff or his attorney, and verified ` y the certificate of an attorney of the court, to the effect that he had examined the process or proceeding and the decision or determination therein, and that the same is erroneous, as alleged in the petition. Wh°“ ““°"°d· SEo. 545. The writ shall be allowed in all cases where there is no appeal or other §1ain,§speedy, and adequate remedy, and where the inferior court, officer, or tribunal in the exercise of judicial functions appears to have exercised such functions erroneously, or to have exceeded it or his jurisdiction, to the injury of some substantial right - _ of the plaintiff. _ _ p,E,g,‘}£’°°k*¤g °f Sec. 546. Before allowing the writ, the court or judge shall require the party applying therefor to give an undertaking, with one or more sureties, subject to its or his approval, in the amount to be fixed by it or him, conditioned that he will perform the judgment or decision sought to be reviewed in case the district court shall so order, and judgment may be given by said court against the applicant and his surety or sureties in case the judgment or decision sought to be reviewed shall be ailirmed for the amount thereof, and the costs of _ said proceeding. T° ‘"‘°m d"°°'“d· Sec. 547. The writ shall be directed to the court, officer, or tribunal _ whose decision or determination is sought to be reviewed, or to the clerk or other person having the custody of. its records or proceedings, requiring it or them to return the writ to the district court, within a time therein specified, with a certified copy of the record. or proceedings in question annexed thereto, that the same may be reviewed by such district court, and requiring the defendant to esist from further proceedings in the matter to be reviewed. ‘ w,§;*;1Y;f£1>r’gg$]§gi¤g¤¥ Sec. 548. The words in the writ requiring the stay of proceedings ` may be- inserted or omitted in the discretion of the court or judge issuing the same, and the proceedings shall be stayed or not accordé ingly. The writ shall be made returnable at the next term of the district court, or in vacation, and if the latter, the same may be tried and judgment given therein, by the judge thereof, in like manner and with like effect as in term time. wl’.‘?{‘°"{:;‘,j‘c*j{’_”§‘,‘;§’; Sec. 549. Upon the iilinig of the order allowing the writ, and the served. ’ petition and undertaking 0 the plaintiff, the clerk shall issue the writ,