Page:United States Statutes at Large Volume 31.djvu/473

 F IFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 421 according to the direction of the order. The writ shall be servéd by delivering a copyl of the original to the opposite party in the action or proceeding soug t to be reviewed, at least ten days before the return of the original writ, and may be served by an officer or person authorized to serve a summons, who shall indorse on the original writ the manner of service thereof. Sec. 550. If the return to the writ be incomplete, the court may u,f,‘},°,§'{§,§‘j,§°w§}#‘“‘* order a further return to be made. In no case shall a writ be allowed unless the application therefor be made within six months from the date of the decision or determination complained of. Sec. 551. Upon the review the court shall have power to affirm, ,e$§,‘§,$' °* °°“" *0 modify, reverse, or annul the decision or determination reviewed, and, if necessary, to award restitution to the plaintiff, or, by mandate, direct·the inferior court, officer, O1' tribunal to proceed in the matter reviewed according to its decision. From the judgment of the district court on review an appeal may be taken in like manner and with like effect as from a judgment of such district court in an action. CHAPTER FIFTY-six. or THE WRIT or MANDAMUS. Sec. Sec. 552. Mandamus to be known as in this  559. lf defendant fail to show cause, perchapter. - emptory writ to issue. 553. To whom writ may issue; not to con- 560. Pleadings and mode of proceeding trol judicial discretion. therein. 554. How writ applied for and by whom 561. Recovery of damages. allowed and issued. 562. Recovery of damages a bar to other 555. How directed and served. suit or action. 556. Either alternative or peremptory; 563. When court may impose fine upon what to contain. defendant. 557. lVhen peremptory writ shall be is- 564. How tried. sued in iirst instance. 565. Appeal from judgment of district 558. When defendant may show cause, court. ` and how. Sec. 552. The writ of mandamus is known in this code as prescribed kjgggdgsm lj; **;,3*; and regulated in this chapter. _ _ chapter. Sec. 553. It may be issued to any inl]fB1`1OY court, corporation, board, ,SS'f1%_WI{l&¤¤tA;**g}),{¤g;)>, oflicer, or person, to compel the performance of an act which the law judicial discretion. specially enjoins as a duty resulting] from an office, trust, or station. But though the writ may require suc court, corporation, board, officer, ` or person to exercise its or his judgment, or proceed to the discharge · of any of its or his functions, it shall not control judicial discretion. The writ shall not be issued in any case where there is a plain, speedy, and adequate remedy in the ordinary course of the law. . Sec. 554. The writ shall be allowed by the court, or judge thereof, fo§°,‘];,d‘"{}y “{’,,l§{,§g upon the petition, verified as a complaint in an action, of the party allowed andissued. beneficially interested. It may be allowed with or without notice to the adverse party, as in the case of a writ of review. Upon the filing of the petition and order of allowance, the writ shall be issued by the · clerk in accordance therewith. _ ` Sec. 555. The writ shall be directed to the court, corporation, board, s,§,%§’_ ‘“’°°”°d md officer, or person mentioned or designated in the order of allowance, _ and may be served thereon by any officer or person authorized to serve a summons by delivery of a copy of the original to such officer or person, or to any member of such court, or to any officer of such corporation upon whom this code authorizes a summons to be served. he proof of service shall be the same as in a writ of review, and obedience to the writ may be enforced in such manner as the court, or judge thereof, shall direct. ‘