Fourth. To control, in furtherance of justice, the conduct of its ministerial officers.

Cases where a judge sha11

SEC. 530. A judge shall not act as such in any of the following cases: In an action or proceeding to which he is a party, or in which he is interested; when not act as he is related to either party by consanguinity or affinity within the third degree; or when he has been attorney or counsel for either party in the action or proceeding.

such.

Judge shall

not act as attorney in his

SEC. 531. A judge shall not act as attorney or counsel in a court in which he is a judge, or in an action or proceeding removed therefrom to another court for own court. review, or in any action or proceeding from which an appeal may lie in his own court.

Not to act as

SEC. 532. A judge of the supreme court, or of the district court, shall not act as attorney or counsel in attorney any court, except in an action in which he is a party to the record.

SEC. 533. A judge or justice of the peace shall not have a partner acting as attorney or counsel in any court in this territory.

SEC. 534. If an application for an order, made to a judge of a court in which the action or proceeding is pending, be refused, in whole or in part, or be granted conditionally, no subsequent application for the same order shall be made to any other judge, except of a higher court: Provided, That nothing in this section shall be so construed as to apply to motions refused for any informalities in the papers or proceedings necessary

to obtain an order.

SEC. 535. A violation of the last section may be punished as a contempt, and an order made contrary thereto may be revoked by the judge who made it, or vacated by a judge of a court in which the action or proceeding is pending.

TITLE XII.

CHAPTER I.— Of the Writ of Certiorori and Mandamus.

SEC. 536. The writ of certiorari may be denominated the writ of review.

in

supreme

court.

Not to have ng as attor

partner act

ney.

If application refused, no

for order be

subsequent application entertained.

Violation of punished as

last section

contempt.

Writ of certiorari.

Cases when

SEC. 537. This writ may be granted, on application, by any court of this territory except a justice's, probate, or mayor's court. The writ shall be granted in all cases when an inferior tribunal, board, or officer exercising the writ is judicial functions, has exceeded the jurisdiction of such tribunal, board, or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequate remedy.

granted.

SEC. 538. The application shall be made on affidavit by the party beneficially interested; and the court may Application require a notice of the application 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.

-how made.

SEC. 539. The writ may be directed to the inferior tribunal, board, or officer, or to any other person having Writ-how the custody of the record or proceedings to be certified; when directed to a tribunal, the clerk, if there be one, shall return the writ with the transcript required.

directed.

What to command.

May contain order staying

proceedings.

How served.

How far review upon the writ to extend.

SEC. 540. The writ of review shall command the party to whom it is directed to certify fully to the court issuing the writ, at a specified time and place, and annex to the writ a transcript of the record and proceedings (describing or referring to them with convenient certainty), that the same may be reviewed by the court; and requiring the party in the meantime to desist from further proceedings in the matter to be reviewed.

SEC. 541. If a stay of proceedings be not intended, the words requiring the stay shall be omitted from the writ; these words may be inserted or omitted, in the sound discretion of the court, but if omitted, the power of the inferior court or officer shall not be suspended, nor the proceedings stayed.

SEC. 542. The writ shall be served in the same manner as a summons in a civil action, except when otherwise expressly directed by the court.

SEC. 543. The review upon this writ shall not be extended further than to determine whether the inferior

tribunal, board, or officer, has regularly pursued the authority of such tribunal, board, or officer.

SEC. 544. If the return of the writ be defective the court may order a further return to be made.

When a

writ.

full return has been made the court shall proceed to hear Return of the 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.

Copy of judgment to the

SEC. 545. A copy of the judgment, signed by the clerk, shall be transmitted to the inferior tribunal, board, inferior tri or officer having the custody of the record or proceeding certified up.

bunal.

Judgment

case.

SEC. 546. A copy of the judgment, signed by the clerk, entered upon or attached to the writ and return, roll in such shall constitute the judgment roll. If the proceeding be had in any other than the supreme court, an appeal may be taken from the judgment in the same manner and upon the same terms as from a judgment in a civil action.

CHAPTER II.—The Writ of Mandate, or Mandamus.

SEC. 547. The writ of mandamus may be denominated the writ of mandate.

SEC. 548. It may be issued by any court in this territory, except a justice's, probate, or mayor's 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; or 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. 549. The writ shall be issued in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law. It shall be issued upon affidavit, on the application of the party beneficially interested.

SEC. 550. The writ shall be either alternative or peremptory; the alternative writ shall state generally

Appeal.

alternative or

the allegation against the party to whom it is directed, and command such party, immediately after the receipt of the writ, or at some other specified time, to do the Writ, either act required to be performed, or to show cause before the court, at a specified time and place, why he has not done SO. The peremptory writ shall be in a similar form, except that the words requiring the party to show cause why he has not done as commanded shall be omitted, and a return day shall be inserted.

peremptory.

Where ap

plication is

made with

out notice.

Defendant

SEC. 551. When the application to the court is made without notice to the adverse party, and the writ be allowed, the alternative shall be first issued; but if the application be upon due notice, and the writ be allowed, the peremptory writ may be issued in the first instance. The notice of the application, when given, shall be at least ten days. The writ shall not be granted by default. The case shall be heard by the court, whether the adverse party appear or not.

SEC. 552. On the return of the alternative, or the day on which the application of the writ is noticed, or such further day as the court may allow, the party on may show whom the writ or notice shall have been served may show cause by answer, under oath, made in the same manner as an answer to a complaint in a civil action.

cause.

SEC. 553. If an answer is made which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of the allegation on which the application for the writ is based, the court When ques- may, in its discretion, order the question to be tried before a jury, and postpone the argument until such trial can be had, and the verdict certified to the court. The question to be tried shall be distinctly stated in the order for trial, and the county shall be designated in which the same shall be had. The order may also direct the jury to assess any damages which the applicant may have sustained, in case they find for him.

tion may be tried by jury.

Plaintiff not

the answer.

SEC. 554. On the trial the applicant shall not be precluded by the answer of any valid objection to its concluded by sufficiency, and may countervail it by proof, either in direct denial or by way of avoidance.

new trial.

SEC. 555. The motion for a new trial must be made Motion for in the court in which the issue of fact is tried.

SEC. 556. If no notice of a motion for a new trial be given, or, if given, the motion be denied, the clerk, within five days after rendition of the verdict or denial of the motion, must transmit to the court in which the application for the writ is pending a certified copy of the verdict attached to the order of trial; after which either party may bring on the argument of the application, upon reasonable notice to the adverse party.

SEC. 557. If no answer be made, the case must be heard on the papers of the applicant. If the answer raises only questions of law, or puts in issue immaterial statements not affecting the substantial rights of the parties, the court must proceed to hear, or fix a day for hearing, the argument of the case.

Verdicttransmitted

when

by clerk.

copy

Hearing of

the applica

tion.

What judgment for ap

SEC. 558. If judgment be given for the applicant, he shall recover the damages which he shall have sustained, as found by the jury, or as may be determined by the court, or referees upon a reference to be ordered, together picant if he with costs; and for such damages and costs an execution may issue, and a peremptory mandate shall also be awarded without delay.

SEC. 559. The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the court. Service upon a majority of any of the members of any board or body is service upon the board or body, whether at the time of the service the board or body was in session or not.

recover.

Writ-how

served.

SEC. 560. When a peremptory mandate has been issued and directed to any inferior tribunal, corporation, Disobedience board, or person, if it appear to the court that any member of such tribunal, corporation, board, or such person

of writ.