Page:United States Statutes at Large Volume 76A.djvu/465

–369– -369§ 1852. Issuance, return, and hearing Writs of review and prohibition issued by the district court, may, in the discretion of the court, be made returnable, and a hearing thereon be had, at any time. Subchapter II—Writ of Review § 1871. Writ of review defined The writ of certiorari may be denominated the writ of review. § 1872. Grant by district court; grounds A writ of review may be granted by the district court when an inferior tribunal, board, or oMcer, exercising judicial functions, has exceeded the jurisdiction of the tribunal, board, or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequate remedy. § 1873. Application; notice The application shall be made on the verified petition of the party beneficially interested. The court may require a notice of the application to be given to the adverse party, or may grant the writ without notice. § 1874. Direction of writ The writ may be directed to the inferior tribunal, board, or officer, or to any other person having the custody of the record or proceedings to be certified. § 1875. Contents of writ The writ of review shall command the party to whom it is directed to certify fully to the district court, at a specified time and place, a transcript of the record and proceedings (describing or referring to them with sufficient certainty), that they may be reviewed by the court; and requiring the party, in the meantime, to desist from further proceedings in the matter to be reviewed. § 1876. Stay of proceedings If a stay of proceedings is not intended, the words requiring the stay shall be omitted from the writ. These words may be inserted or omitted, in the discretion of the court, but if they are omitted, the power of the inferior court or officer is not suspended or the proceedings stayed. § 1877. Service of writ The writ shall be served in the same manner as a summons in a civil action, except when otherwise expressly directed by the court. § 1878. Scope of review The review upon this writ may not be extended further than to determine whether the inferior tribunal, board, or officer has regularly pursued the authority of the tribunal, board, or officer. § 1879. Return; hearing; judgment If the return of the writ is defective, the court may order a further return to be made. When a full return has been made, the court shall hear the parties, or such of them as may attend for that purpose, and may thereupon give judgment, either affirming or annulling, or modifying the proceedings below. § 1880. Transmittal of copy of judgment A copy of the judgment, signed by the clerk, shall be transmitted to the inferior tribunal, board, or officer having the custody of the record or proceedings certified up.

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