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When court

may order attached prop

erty sold be

fore judgment.

provisions of this act, and it shall be made to appear satisfactorily to the court, or a judge thereof, or a probate judge, that the interest of the parties to the action will be subserved by a sale thereof, the court or judge may order such property to be sold, in the same manner as property is sold under an execution, and the proceeds to be deposited in court, to abide the judgment in the action. Such order shall be made only upon notice to the adverse party or his attorney, in case such party has been personally served with summons in the action.

SEC. 525. A copy of any record, or document, or paper, in the custody of a public officer of this territory, or of the United States within this territory, certified under the official seal, or verified by the oath of such Copy of record officer to be a true, full, and correct copy of the original in his custody, may be read in evidence in an action or proceeding in the courts of this territory, in the like manner, and with the like effect, as the original could be if produced.

as evidence.

Courts of

SEC. 526. The supreme court, the several district record. courts, and the several probate courts of this territory, shall be courts of record.

Courts to sit in public.

SEC. 527. The sittings of every court of justice shall be public, except as provided in the next section.

SEC. 528. In an action for divorce, the court may direct the trial of any issue of fact joined therein to be in divorce private, and upon such direction all persons may be ex

Trial of issue

may be private.

in

cluded except the officers of the court, the parties, their witnesses, and counsel.

SEC. 529. Every court shall have power:

First. To preserve and enforce order in its immediate

presence.

Second. To enforce order in the proceedings before Powers of it, or before a person or persons empowered to conduct a

court to en

force its au- judicial investigation under its authority.

thority.

Third. To compel obedience to its lawful judgments, orders, and process, and to the lawful orders of its judge out of court in an action or proceeding pending therein.

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

Cases where a

not act as such.

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 judge shall 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.' 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 torney in his review, or in any action or proceeding from which an appeal may lie in his own court.

SEC. 532. A judge of the supreme court, or of the district court, shall not act as attorney or counsel in 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.

Judge shall not act as at

own court.

Not to act as

attorney court.

in

supreme

Not to have partner acting as attorney.

for order be refused, no subsequent application entertained.

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 Ifapplication 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.

Violation of punished as

last section

contempt.

Writ of certiorari.

Cases when the writ is granted.

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 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.

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

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 order staying sound discretion of the court, but if omitted, the power of the inferior court or officer shall not be suspended, nor the proceedings stayed.

proceedings.

How served.

How far review upon the writ to extend.

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 judg

inferior tribunal.

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

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.

Appeal.

Ma ndamus

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 by what auenjoins 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

thority and for what issued.

Cases

in

which it is

issued.

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 peremptory. 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.

Where ap

plication

made with

out notice.

De fendant

may

cause.

When

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 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.

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 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. 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.

The

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