Page:United States Statutes at Large Volume 47 Part 1.djvu/1034

 1010 Sta y of proceedings. Service. Extent of review un- der. Perfection of return of . Hearing and Judg- ment. Copy of judgment to inferior court. Judgment-rolls. Writ of mandate. Mandamus denomi- nated as. Purpose for which issued. When to issue. Alternative or empto ry. Effect of notice. per. 72d CONGR ESS. SESS. II. CH. 12 7. FE BRUARY 27, 1933 . cou rt, at a specified t ime and place, a transcript of the record and proce eding s (de scrib ing or ref errin g to them with conve nient cer- tainty), that the same may be reviewed by the court ; and requiring the pa rty, in the mea ntime , to desis t fro m fur ther proce eding s in the matter to be reviewed. SEC. 57 4. PROCEEDINGS IN INFERIOR COURT MAY BE STAYED, OR NOT: If a stay of proceedings be not intended, the words requiring the stay mu st be omitted from the writ ; th ese w ords may be ins erted or omitted, in the sound discretion of the court, but if omitted, the power of the in ferio r cou rt or offi cer is not susp ended or the proce eding s sta yed. SEC. 575 . SERVICE OF THE WR IT .-The writ must be served in the same manner as a summons in civil action, except when otherwise expres sly directed by the court. SEC. 576 . THE REVIEW UNDER THE WRIT, EX TENT oF .-T he review upo n this writ can not be extended further tha n to determine wh eth er the inferior tribunal, board, or officer has regularly pursued the authority of suc h tribunal, board, or officer. SEC. 577 . A DE FECTI VE RE TURN OF THE WR IT MAY BE PERFE CTED ; HEARING AND JUDGMENT :If the return of the writ be defective, the court may order a further return to be made. When a full return has been made, the court must hear the parties, or such of them as may attend for that purpose, and may thereupon give judgment, eithe r aff irmin g or annul ling, or m odify ing the pr oceed ings below. SE C. 578. COPY OF THE JUDGMENT MUST BE SEN T TO THE INFERIOR TRIBUN AL .-A copy of the judgment, signed by the clerk, must be transmitted to the inferior tribunal, board, or officer having the custody of the record or proceeding certified up. SEC. 579 . JUDGMENT-ROLLS .-A copy of the judgment, signed by the clerk, entered upon or attached to the writ and return, constitute the judgment-roll. WRIT OF MANDATE SEC. 580 . MANDATE DEFINED .-The wri t of mandamus may be denominated the writ of mandate. SEC. 581. WHEN ISSU ED BY DIST RICT COURT .- It may be issued by the district court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station to compel the admission of a party to the use and enjoyment of a right or office to which he is entitled, and from which he is unlawfully precluded by such inferior tribunal, corporation, board, or person. SEC. 58 2. WRIT, RIT, WHEN AND UPON WHAT TO I SSUE .-The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law. It mu st be issued up on the verif ied p etitio n of the p arty benef icial ly in teres ted. SEC. 583 . WRIT MAY BE EITHER ALTERNATIVE OR PEREMPTORY ; SUB- STANCE .-The writ may be either alternative or peremptory. The alter nativ e wri t mus t com mand the p arty to wh om it is d irect ed immediately after the receipt of the writ, or at some other specified time, to do the act requi red to be perfo rmed, or to sho w cau se before the court at a specified time and place why he has not done so. The pe rempt ory w rit m ust be in a sim ilar form, exce pt th at the w ords requi ring the p arty to show c ause why he has not done as commanded must be omitted and a return-day inserted. SEC. 584. IF THE APPLICATION BE WIT HO UT NO TIC E, THE ALTERNATIVE WR IT MAY ISSUE, OTHERWISE, THE PEREMPTORY ; NOTICE AND DEFAULT .- When the application to the court is made without notice to the adverse party, and the writ is allowed, the alternative must be first
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