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Consolidation of

several actions into one.

Actions, when deemed pending.

Actions to

determine adverse claims,

SEC. 929. Whenever two or more actions are pending at one time between the same parties, and in the same court upon causes of action which might have been joined, the court may order the actions to be consolidated.

SEC. 930. An action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied.

SEC. 931. An action may be brought by one person against another for the purpose of determining an adverse and by sureties. claim, which the latter makes against the former for money or property upon an alleged obligation; and also against two or more persons, for the purpose of compelling one to satisfy a debt due to the other, for which the plaintiff is bound as a surety.

Testimony, when

the clerk.

SEC. 932. On the trial of an action in a court of to be taken by record, if there is no short-hand reporter of the court in attendance, the court may require the clerk to take down. the testimony in writing.

The clerk must keep a register

of actions.

Two or three referees, etc., may do any act.

Time within which an act under this Code

be extended,

SEC. 933. The clerk must keep among the records of the court, a register of actions. He must enter therein the title of the action, with brief notes under it, from time to time, of all papers filed and proceedings had therein.

SEC. 934. When there are three referees, or three arbitrators, all must meet, but two of them may do any act which might be done by all.

SEC. 935. When an act to be done as provided in this Code, relates to the pleadings in the action, or the to be done, may undertakings to be filed, or the justification of sureties, or the preparation of statements, or bills of exception or of amendments thereto, or to the service of notices, other than of appeal, the time allowed by this Code may be extended, upon good cause shown, by the court in which the action is pending, or a judge thereof.

Actions against

a sheriff for

official acts.

Undertakings mentioned in this Code, requisites of.

SEC. 936. If an action is brought against a sheriff for an act done by virtue of his office, and he give written notice thereof to the sureties on any bond of indemnity received by him, the judgment recovered therein is conclusive evidence of his right to recover against such sureties; and the court, or judge, in vacation, may, on motion, upon notice of five days, order judgment to be entered up against them for the amount so recovered, including costs. SEC. 937. In all cases where an undertaking, with sureties, is required by the provisions of this Code, the officer taking the same must require the sureties to accompany it with an affidavit that they are each residents and

householders or freeholders within the Territory, and are each worth the sum specified in the undertaking, over and above all their just debts and liabilities, exclusive of property exempt from execution; but when the amount specified in the undertaking exceeds two thousand dollars, and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than that expressed in the undertaking, if the whole amount be equivalent to that of two sufficient sureties.

People not

bonds.

SEC. 938. In any civil action or proceeding wherein the Territory or the people of the Territory is a party required to give plaintiff, or any Territorial officer, in his official capacity, or on behalf of the Territory, or any county, or city, is a party plaintiff or defendant, no bond, written undertaking, or security can be required of the Territory, or the people thereof, or any officer thereof, or of any county, or city, but on complying with the other provisions of this Code, the Territory or the people thereof, or any Territorial officer acting in his official capacity, or any county or city, have the same rights, remedies, and benefits, as if the bond, undertaking, or security were given and approved as required by this Code.

appeal bond

when substituted to rights of

SEC. 939. Whenever any surety on an undertaking Surety on on appeal executed to stay proceedings upon a money judgment, pays the judgment, either with or without action, after its affirmation by the appellate court, he is substituted judgment to the rights of the judgment creditor, and is entitled to control, enforce and satisfy such judgment in all respects as if he had recovered the same.

creditors.

PART III.

SPECIAL PROCEEDINGS OF A CIVIL NATURE.

Parties, how designated.

Judgment and order same

meaning as in civil actions.

Preliminary Provisions.

SEC. 944. The party prosecuting a special proceeding may be known as the plaintiff, and the adverse party as the defendant.

SEC. 945. A judgment in a special proceeding is the final determination of the rights of the parties therein. The definitions of a motion and an order in a civil action are applicable to similar acts in a special proceeding.

TITLE I.

OF WRITS OF REVIEW, MANDATE AND PROHIBITION.

Certiorari defined.

When and by what courts

granted,

CHAPTER I.

Writ of Review.

SEC. 950. The writ of certiorari may be denominated the writ of review.

SEC. 951.

A writ of review may be granted by any court, except a probate or justice's court, 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.

how made.

SEC. 952. The application must be made on affidavit Application for, by the party beneficially interested, and the court may 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.

The writ to be

inferior tribunal,

SEC. 953. The writ may be directed to the inferior tribunal, board, or officer, or to any other person having directed to the the custody of the record or proceedings to be certified. etc. When directed to a tribunal, the clerk, if there be one, must return the writ with the transcript required.

SEC. 954. The writ of review must command the Contents of party to whom it is directed to certify fully to the court writ. issuing the writ, at a specified time and place, a transcript, of the record and proceeding (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.

may

may be stayed

or not.

SEC. 955. If a stay of proceedings be not intended, Proceedings in the words requiring the stay must be omitted from the inferior court writ. These words be inserted or omitted, in the sound discretion of the court, but if omitted, the power of the inferior court or officer is not suspended or the proceedings stayed.

SEC. 956. The writ must be served in the same Service of the manner as a summons in a civil action, except when other-writ. wise expressly directed by the court.

extent of.

SEC. 957. The review upon this writ can not be ex- The review tended, further than to determine whether the inferior under the writ, tribunal, board, or officer has regularly pursued the authority of such tribunal, board, or officer.

may be per

SEC. 958. If the return to the writ be defective, the A defective recourt may order a further return to be made. When a full turn of the writ return has been made, the court must hear the parties, or fected. such of them as may attend for that purpose, and may thereupon give judgment either affirming or annulling or modifying the proceedings below.

ment must be sent to inferior

SEC. 959. A copy of the judgment, signed by the Copy of judgclerk, must be transmitted to the inferior tribunal, board, or officer having the custody of the record or proceeding cer- tribunal. tified up.

SEC. 960. A copy of the judgment, signed by the Judgment rolls, clerk, entered upon or attached to the writ and return, constitute the judgment roll.

Mandamus defined.

When and by what courts granted.

Writ, when and upon what to issue.

Writ must be either alternative or peremptory.

If the applica

notice the alter-
native writ
may issue;
otherwise the
peremptory.

CHAPTER II.

Writ of Mandate.

SEC. 964. The writ of mandamus may be denominated a writ of mandate.

SEC. 965. It may be issued by any court in this Territory, except a justice's or probate 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 the right to which is not in dispute, and from which he is unlawfully precluded by such inferior tribunal, corporation, board or

person.

SEC. 966. This writ must be issued in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It must be issued upon affidavit, on the application of the party beneficially interested.

SEC. 967. The writ may either be alternative or peremptory. The alterntive writ must state generally 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 act required to be performed, or to show cause before the court, at a specified time and place, why he has not done so. peremptory writ must be in a similar form except that the words requiring the party to show cause why he has not done as commanded, must be omitted, and a return day inserted.

The

SEC. 968. When the application to the court is made tion be without without notice to the adverse party, and the writ be allowed, the alternative must be first issued; but if the application be upon due notice, and the writ be allowed, the peremptory may be issued in the first instance. The notice of the application when given must be at least ten days. The writ cannot be granted by default. The case must be heard by the court, whether the adverse party appear or not.

Notice and default.

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