Page:United States Statutes at Large Volume 76A.djvu/464

–368– -368title. The application may be made by a tenant or subtenant, or a mortgagee of the term, or any person interested in the continuance of the term. It shall be made upon petition, setting forth the facts upon which the relief is sought, and be verified by the applicant. Notice of the application, with a copy of the petition, shall be served on the plaintiff in the judgment, who may appear and contest the application. The application may not be granted except on condition that full payment of rent due, or full performance of conditions or covenants stipulated, as far as the same is practicable, be made. § 1816. Appeals The provisions of Sections 951-960 of this title, relating to appeals, except insofar as they are inconsistent with the provisions of this subchapter, apply to the proceedings specified by this subchapter. § 1817. Stay pending appeal An appeal taken by the defendant does not stay proceedings upon the judgment unless the magistrate before whom the same was rendered so directs. § 1818. Rules of practice Except as otherwise provided by this subchapter, the provisions governing civil actions in the magistrates' courts are applicable to, and constitute the rules of practice in, the proceedings mentioned in this subchapter. § 1819. Jurisdiction of magistrates* courts Jurisdiction of proceedings under this subchapter is in the magistrates' courts, as provided by section 171 of Title 3. CHAPTER 61—WRITS SUllCHAl'TEK I—EXTRAORDINAttY WIUTS GENEKALLY

Sec. 1851. Application of other provisions. 1852. Issuance, return, and hearing. SUBCHAPTER II—WRIT OF REVIEW

1871. 1872. 1873. 1874. 1875. 1876. 1877. 1878. 1879. 1880.

Writ of review defined. Grant by district court; grounds. Application; notice. Direction of writ Contents of writ. Stay of proceedings. Service of writ. Scope of review. Return; hearing; Judgment. Transmittal of copy of Judgment. SUBCHAPTER III

REMEDIES FORMERLY AVAILABLE BY WRIT OF MANDATE

1901. Order to compel performance of duty or admission to office. 1902. Penalty for disobedience of order. SUBCHAPTER IV—WRIT OF PROHIBITION

1921. 1922. 1923. 1924.

Writ of prohibition defined. Issuance by district court; petition. Alternative or peremptory writ. Procedure generally; penalties.

Subchapter I—Extraordinary Writs Generally § 1851. Application of other provisions Except as otherwise provided by this chapter, the provisions governing civil actions in the district court apply to and constitute the rules of practice in the proceedings mentioned in this chapter.

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