Page:United States Statutes at Large Volume 47 Part 1.djvu/1033

 i2d CONGRESS. SESS. II. CH. 127. F EBRU ARY 27, 19 33. CROSS Rm'aaa sCE See also section 568. 1 SEC . 563 . NEW OR ADDITIONAL UNDERTAKING BY PLAINTIFF ; FORM In gs A bypl~t$ dertsk- oF SECURITY .-A new or addition al undertaking may be ordere d, within such time as the court or judge may prescribe, upon proof that the original undertaking is insufficient security, and failure on the p art of the plaintiff to comply with the order of the court, or judge, within the time prescribe shall cause the dismissal of the suit. The security for costs required by this subchapter may consist of Nature of. a money deposit, bond of a surety company, or cost bond with two or more good and sufficient sur eties ; the form of such secu rity to be dete rmi ned by the judge or mag istr ate of the cour t before wh om the pro ceed ings are pending. If per sona l se curi ty is fu rnis hed , the sureties must be residents of the Canal Zone, and no officer of the court or attor ney practicing before the court shall be accept ed as surety. SEC. 564., BONDS WHAT TO AUTHORIZE.-All bonds given as security judgment or authorize for costs shall authorize judgment against all of the obligors of the said bonds, jointly and severally, for such costs, to be entered in the fina l judgment of the case or special p roceedings. S EC. 565 . SECURITY NOT REQUIRED FROM GOVERNMENT.-No security Security not required for costs shall be required of the United States, the Panama Canal, from Government . or any of its dependencies or from the public administrator of the Panama Canal. S EC. 566. SECURITY BY INTERVENOR OR COUNTERCLAIMANT .-The Of intervenor or provisions of this subchapter, relating to security for costs, shall counterclaimant . app ly to an int erv enor ; and shall also apply to a defendant who seeks a j udgm ent agai nst the pla inti ff on a cou nter clai m, a fter the de fend - ant shall have discontinued his suit. SEC . 567. COSTS SECURED BY ATTACHMENT OR OTHER BOND .-Wh en S ecu rity by atta ch- the costs are secured by the provisions of an attachment or other meat or other bond . bond, filed by the party required to give satisfactory security for costs, no further security shall be required. CHAPTER 18 . WRIT S OF REVIEW , MANDATE, AND VIEW, M ANDATE, PROHIBITION AND PROHIBI- TION. WRIT OF REVIEW SEC. 569. WRIT OF REVIEW DEFINED .-The writ of certiorari may be defined . t of review," den6minated the writ of review. SEC . 570 . WHEN GRANT ED BY DISTRICT COURT : A writ of review When granted. may be granted by the district court, when an inferior tribunal, bo ard, or offi cer, exe rcis ing jud icia l fu ncti ons, has exceeded the juris- diction of suc h tr ibun al, boar d, or o ffic er, and ther e is no appe al, nor, in the judgment of the court, any pl ain, spe edy, and ad equa te remedy . SEC . 571 . APPLICATION FOR WRIT, HOW MADE .-The application Application for . mu st be ma de on the verified petition of the party beneficially inter- ested, and the court may require a notic e of the applic ation to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without notice. SEC . 572 . THE WRIT TO BE DIRECTED TO THE INFERIOR TRIBUNAL, Direction of. ETc.-The w rit may be d ire cted to the inf erio r tr ibun al, boa rd, or officer, or to any other person having the custody of the rec ord or proceedings to be certified. When directed to a tribunal, the clerk, if there be one, must return the writ with the transcript required. SEC. 573. CONTENTS OF THE WRIT .The writ of review must com- Contents . mand the party to whom it is directed to certify fully to the district 3 So in original. 30 51 •-33-64 1009