SEC. 410. A copy of the judicial record of a foreign country shall also be admissible in evidence upon proof: First. That the copy offered has been compared by the witness with the original, and is an exact transcript of the whole of it. Second. That such original was in the custody of the clerk of the court or other legal keeper of the same; and, Third. That the copy is duly attested by a seal, which is proved to be the seal of the court where the record remains, if it be the record of a court; or (if there be no such seal, or if it be not a record of a court) by the signature of the legal keeper of the original.

SEC. 411. Printed copies, in volumes of statutes, codes or other written law, enacted by any other state or territory, or foreign government, purporting or proved to have been published by the authority thereof, or proved to be commonly admitted as evidence of the existing law in the courts and judicial tribunals of such state, territory or government, shall be admitted by the courts and officers of this territory, on all occasions, as presumptive evidence of such laws.

SEC. 412. A seal of a court or public officer, when required to any writ, or process, or proceeding, or to authenticate a copy of any record or document, may be impressed with wax, wafer or any other substance, and then attached to the writ, process or proceeding, or to the copy of the record or document, or it may be impressed on the paper alone.

SEC. 422. Copy of to be transmitted.

423. Judgment roll, appeal.

SEC. 413. The writ of certiorari may be denominated the writ of review.

SEC. 414. This writ may be granted on application by any court of this territory, except a justice's court. The writ shall be granted in all cases where 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 other plain, speedy and adequate remedy.

SEC. 415. The application shall be made on affidavit, by the party beneficially interested, and the court may require a notice of 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.

SEC. 416. 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. When directed to a tribunal, the clerk, if there be one, shall return the writ, with the transcript required.

SEC. 417. 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 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.

SEC. 418. 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 or officer shall not be suspended, nor the proceedings stayed.

SEC. 419. 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. 420. The review on 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. 421. If the return of the writ be defective, the court may order a further return to be made. When a full return has been made, the court shall proceed to hear the parties, or such of them as shall attend for that purpose, and may there

upon give judgment, either affirming or annulling, or modifying the proceedings below.

SEC. 422. 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 proceeding certified up.

SEC. 423. A copy of the judgment, signed by the clerk, entered upon or attached to the writ and return, 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 judg

ment in a civil action.

CHAPTER II.

THE WRIT OF MANDATE OR MANDAMUS.

SEC. 424. Denomination.

425. By what court and in what cases may be issued.

427. Alternative or peremptory defined.

428. When alternative or peremptory to be issued, notice of application, answer to writ.

430. When court may order trial by jury.

431. Objections to sufficiency of answer.

432. New trial, other party may move for.

433. Duty of clerk to transmit a verdict, argument of application.

435. Judgment and execution.

436. Writ how served.

437. Penalty for disobeying peremtory mandamus.

SEC. 424. The writ of mandamus may be denominated the writ of mandate.

SEC. 425. It may be issued in any court in this territory, except by justice'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. 426. This 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. 427. The writ shall be either alternative or peremptory; the alternative writ shall 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. The peremptory writ shall be in 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.

SEC. 428. 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 may be issued in the first instance. The notice of 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. 429. On the return day 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 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. 430. If an answer be 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 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.

SEC. 431. On the trial, the applicant shall not be precluded by the answer of any valid objection to its sufficiency, and may countervail it by proof, either in direct denial or by way of avoidance.

SEC. 432. If either party be dissatisfied with the verdict of the jury, he may move for a new trial, upon a statement prepared as provided in section one hundred and ninety-five. The motion for a new trial may, upon reasonable notice, be brought on before the judge of the court in which the cause was tried, either in term or vacation. If a new trial be

granted, the jury shall, within five days thereafter, unless the parties agree on a longer time, be summoned to try the issue. After a second verdict in favor of the same party, a new trial shall not be had.

SEC. 433. If no notice of a new trial be given, or if given, be denied, the clerk, within five days after the rendition of the verdict or denial of the motion, shall 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. 434. If no answer be made, the case shall be heard on the papers of the applicant. If answer be made, which does not raise a question such as is mentioned in section four hundred and thirty, but only such matters as may be explained or avoided by a reply, the court may, in its discretion, grant time for replying. If the answer or answer and reply raise only questions of law, or put in issue immaterial statements, not affecting the substantial rights of the parties, the court shall proceed to hear or fix a day for hearing the arguments of the case.

SEC. 435. 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 with costs; and for such damages and costs an execution may issue, and a peremptory mandate shall also be awarded without delay.

SEC. 436. The writ shall be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the court.

SEC. 437. When a peremptory mandate has been issued and directed to any inferior tribunal, corporation, board or person, if it appears to the court that any member of such tribunal, corporation or board, or such person upon whom the writ has been personally served, has, without just excuse, refused or neglected to obey the same, the court may, upon motion, impose a fine not exceeding one thousand dollars. In case of persistence in a refusal of obedience, the court may order the party to be imprisoned for a period not exceeding three months, and may make any order necessary and proper for the complete enforcement of the writ. If a fine be imposed upon a judge or officer who draws a salary from the territory or county, a certified copy of the order shall be forwarded to the auditor or county treasurer, as the case may be, and the amount thereof may be retained from the salary of