Execution docket, how kept. Fee book, what to be entered therein. Final record, what to be record ed therein. Jury book, how kept. Files of the court, what are. Custody of the records and files. Search and ex ords and files. SEC. 533. The execution docket is a book wherein the clerk shall note, under the title of every cause, the issue and return of execution, and generally the filing or return of any paper or process, or the making of any order, rule, or other direction therein, from and after the entry of judgment or decree until satisfaction or performance thereof. SEC. 534. The fee book is one wherein the clerk shall enter, under the title of every cause, against the party to which the service is rendered, the clerk's fees earned, and received or not received, and none other, except as specially directed by this code. SEC. 535. The final record is a book wherein the clerk shall record the papers, pleadings, and proceedings in a cause, as elsewhere provided in this code. SEC. 536. The jury book is one wherein the clerk shall enter the names of the persons attending upon the court at a particular term as grand or trial jurors, the time of the attendance of each, and when discharged or excused, and the amount of fees and mileage earned by each. SEC. 537. The files of the court are all papers or process filed with or by the clerk of the court in any action or proceeding therein or before the judge thereof. SEC. 538. The records and files of the court are to be kept in the clerk's office in the custody of the clerk, and he is responsible for them. They shall not be taken out of the office by anyone, except by the judge of the court, or an attorney thereof when allowed by special order of the court or judge, or some general rule therefor prescribed by the court and entered in the journal. SEC. 539. Whenever requested the clerk, upon being tendered legal amination of rec- fees therefor, shall furnish to any person a certified copy of any portion of such records or files, and no person other than such clerk is entitled to make such copy or to the use of the records or files for such purposes. Whenever requested the clerk shall search such records and files and give a certificate thereof according to the nature of the inquiry. Parties to special Sec. CHAPTER FIFTY-FOUR. GENERAL PROVISIONS CONCERNING SPECIAL PROCEEDINGS. Sec. 540. Parties to special proceedings, how 541. Judgments, orders, and motions. designated. SEC. 540. The party prosecuting a writ of review, writ of mandamus, proceedings, how writ of habeas corpus, or a proceeding for contempt shall be known as designated. the plaintiff, and the adverse party as the defendant. Judgments, or SEC. 541. A judgment in a special proceeding is the final determinaders, and motions. tion of the rights of the parties therein. The definition of a motion and an order in an action are applicable to similar acts in a special proceeding. writ of review. 543. Who may prosecute. Sec. 547. To whom directed. 548. Stay of proceedings; when return able. 544. By whom allowed and how applied 549. When and by whom writ issued; for. 545. When allowed. 546. Undertaking of plaintiff. how served. 550. Incomplete return; limitation of writ 551. Power of court to review. Writ of certio- SEC. 542. The writ formerly known as the writ of certiorari is rari to be known known in this title as the writ of review. as writ of review. SEC. 543. Any party to any process or proceeding before or by any inferior court, officer, or tribunal may have the decision or determina tion thereof reviewed for errors therein as in this chapter prescribed. Upon a review, the court may review any intermediate order involving the merits necessarily affecting the decision or determination sought to be reviewed. SEC. 544. The writ shall be allowed by the district court or judge By whom althereof, upon the petition of the plaintiff, describing the decision or lowed and how determination sought to be reviewed with convenient certainty, and applied for. setting forth the errors alleged to have been committed therein. Such petition shall be signed by the plaintiff or his attorney, and verified by the certificate of an attorney of the court, to the effect that he had examined the process or proceeding and the decision or determination therein, and that the same is erroneous, as alleged in the petition. SEC. 545. The writ shall be allowed in all cases where there is no appeal or other plain, speedy, and adequate remedy, and where the inferior court, officer, or tribunal in the exercise of judicial functions. appears to have exercised such functions erroneously, or to have exceeded it or his jurisdiction, to the injury of some substantial right of the plaintiff. When allowed. SEC. 546. Before allowing the writ, the court or judge shall require Undertaking of the party applying therefor to give an undertaking, with one or more plaintiff. sureties, subject to its or his approval, in the amount to be fixed by it or him, conditioned that he will perform the judgment or decision sought to be reviewed in case the district court shall so order, and judgment may be given by said court against the applicant and his surety or sureties in case the judgment or decision sought to be reviewed shall be affirmed for the amount thereof, and the costs of said proceeding. To whom di SEC. 547. The writ shall be directed to the court, officer, or tribunal whose decision or determination is sought to be reviewed, or to the rected. clerk or other person having the custody of its records or proceedings, requiring it or them to return the writ to the district court, within a time therein specified, with a certified copy of the record or proceedings in question annexed thereto, that the same may be reviewed by such district court, and requiring the defendant to desist from further proceedings in the matter to be reviewed. able. SEC. 548. The words in the writ requiring the stay of proceedings Stay of proceedmay be inserted or omitted in the discretion of the court or judge ings; when returnissuing the same, and the proceedings shall be stayed or not accordingly. The writ shall be made returnable at the next term of the district court, or in vacation, and if the latter, the same may be tried. and judgment given therein, by the judge thereof, in like manner and with like effect as in term time. When and by how served. SEC. 549. Upon the filing of the order allowing the writ, and the petition and undertaking of the plaintiff, the clerk shall issue the writ, whom writ issued; according to the direction of the order. The writ shall be served by delivering a copy of the original to the opposite party in the action or proceeding sought to be reviewed, at least ten days before the return of the original writ, and may be served by an officer or person authorized to serve a summons, who shall indorse on the original writ the . manner of service thereof. writ. SEC. 550. If the return to the writ be incomplete, the court may Incomplete reorder a further return to be made. In no case shall a writ be allowed turn; limitation of unless the application therefor be made within six months from the date of the decision or determination complained of. Power of court SEC. 551. Upon the review the court shall have power to affirm, modify, reverse, or annul the decision or determination reviewed, and, to review. if necessary, to award restitution to the plaintiff, or, by mandate, direct the inferior court, officer, or tribunal to proceed in the matter reviewed according to its decision. From the judgment of the district court on review an appeal may be taken in like manner and with like effect as from a judgment of such district court in an action. Mandamus to be SEC. 552. The writ of mandamus is known in this code as prescribed known as in this and regulated in this chapter. chapter. To whom writ may issue; not to control judicial discretion. whom allowed and issued. SEC. 553. It may be issued to any inferior court, corporation, board, officer, or person, to compel the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station. But though the writ may require such court, corporation, board, officer, or person to exercise its or his judgment, or proceed to the discharge of any of its or his functions, it shall not control judicial discretion. The writ shall not be issued in any case where there is a plain, speedy, and adequate remedy in the ordinary course of the law. How writ apSEC. 554. The writ shall be allowed by the court, or judge thereof, plied for and by upon the petition, verified as a complaint in an action, of the party beneficially interested. It may be allowed with or without notice to the adverse party, as in the case of a writ of review. Upon the filing of the petition and order of allowance, the writ shall be issued by the clerk in accordance therewith. How directed and served. Either alterna tory; what to contain. SEC. 555. The writ shall be directed to the court, corporation, board, officer, or person mentaoned or designated in the order of allowance, and may be served thereon by any officer or person authorized to serve a summons by delivery of a copy of the original to such officer or person, or to any member of such court, or to any officer of such corporation upon whom this code authorizes a summons to be served. The proof of service shall be the same as in a writ of review, and obedience to the writ may be enforced in such manner as the court, or judge thereof, shall direct. SEC. 556. The writ is either alternative or peremptory. When it tive or peremp is alternative, it shall state concisely the facts according to the petition, showing the obligation of the defendant to perform the act, and his omission to perform it, and command him that immediately after the receipt of the writ, or at some other specified time, he do the act required to be performed, or show cause before the court or judge thereof by whom the writ was allowed, at a time and place therein specified, why he has not done so; and that he then and there return the writ, with his certificate annexed, of having done as he is commanded, or the cause of his omission thereof. When peremptory, the writ shall be in similar form, except that the words requiring the defendant to show cause why he has not done as commanded, and to return the cause therefor, shall be omitted. What peremp SEC. 557. When the right to require the performance of the act is tory writ shall be clear, and it is apparent that no valid excuse can be given for not performing it, a peremptory mandamus shall be allowed in the first instance; in all other cases the alternative writ shall be first issued. issued in first instance. When defend SEC. 558. On the return day of the alternative writ, or such further day as the court or judge thereof may allow, the defendant on whom ant may show cause, and how. the writ shall have been served may show cause by demurrer or answer to the writ in the same manner as to a complaint in an action. If defendant fail to issue. SEC. 559. If the defendant do not show cause by demurrer or answer, a peremptory mandamus shall be allowed against him. If the answer to show cause, contain new matter, the same may be demurred or replied to by the peremptory writ plaintiff within such time as the court or judge may prescribe. If the replication contain new matter, the same may be demurred to by the defendant within such time as the court or judge may prescribe, or he may countervail such matter on the trial or other proceedings by proof, either in direct denial or by way of avoidance. Pleadings and SEC. 560. The pleadings in the proceeding by mandamus are those mentioned in the two sections last preceding. They are to have the mode of proceedings therein. same effect, and to be construed and may be amended in the same manner, as pleadings in an action. Either party may move to strike out, or be allowed to plead over after motion or demurrer allowed or disallowed, and the issues joined shall be tried and the further proceedings thereon had in like manner and with like effect as in an action. SEC. 561. If judgment be given for the plaintiff, he shall recover the damages which he shall have sustained by reason of the premises, damages. to be ascertained in the same manner as in an action, together with costs and disbursements, and a peremptory mandamus shall be awarded without delay. Recovery of Recovery of SEC. 562. A recovery of damages by virtue of this chapter against a party who shall have made a return to a writ of mandamus is a bar to damages a bar to any other action against the same party for the same cause. SEC. 563. Whenever a peremptory mandamus is directed to a public officer or body commanding the performance of any public duty specially enjoined by law, if it appear to the court or judge thereof that such officer or any member of such body has without just excuse refused or neglected to perform the duty so enjoined, the court or judge may imprison, or impose a fine, not exceeding one thousand dollars, upon every such officer or member of such body for each refusal. SEC. 564. In the district court the writ may be made returnable either in term time or vacation, and if the latter, may be tried and determined before the judge thereof in like manner and with like effect as in term time. other suit or defendant. How tried. Appeal from SEC. 565. From the judgment of the district court, or judge thereof, refusing to allow a mandamus, or directing a peremptory mandamus, judgment of disan appeal may be taken in like manner and with like effect as in an action. trict court. Habeas corpus. 571. What the writ shall contain. 575. Warrant to issue in case of neglect 576. If officer neglects, to whom warrant | 577. Precept to marshal. 578. When cause to be inquired into. 580. When party to be remanded. 582. Legality of certain judgments and 584. Until judgment given, how to be 585. When notice to be given to third Sec. 589. When production of person dispensed with. 590. Judgment of discharge or dismissal of proceedings. Precept requiring the production of the person. 591. 592. Obedience to judgment of discharge, 600. By whom served; tender of fees and 601. How served. 604. When charges for producing party 605. Proof of service. 606. Within what time return to be made. 607. What court has jurisdiction. 608. Appeal from judgment; question not to be reexamined. SEC. 566. Every person imprisoned, or otherwise restrained of his liberty, within the district, under any pretense whatsoever, except in -who may pros- the cases specified in the next section, may prosecute a writ of habeas corpus according to the provisions of this chapter, to inquire into the cause of such imprisonment or restraint, and if illegal to be delivered therefrom. ecute. -who not enti SEC. 567. Persons properly imprisoned or restrained by virtue of tled to prosecute. the legal judgment of a competent tribunal of civil or criminal jurisdiction, or by virtue of an execution regularly and lawfully issued upon such judgment or decree, shall not be allowed to prosecute the writ. -by whom al cation therefor. SEC. 568. The writ shall be allowed by the court, or the judge lowed, and appli- thereof, upon the petition of the party for whose relief it is intended, or by some other person in his behalf, signed and verified by the oath of the petitioner, to the effect that he believes it to be true. SEC. 569. The petition shall state in substance -contents of petition. First. That the party in whose behalf the writ is applied for is imprisoned or restrained of his liberty, the place where, and officer or person by whom he is imprisoned or restrained, naming both parties, if their names be known, or describing them, if not known; Second. That such person is not imprisoned or restrained by virtue of any order, judgment, or process specified in section five hundred and sixty-seven; Third. The cause or pretense of such imprisonment or restraint, according to the best knowledge or belief of the petitioner: Fourth. If the imprisonment or restraint be in virtue of any order, |