Page:United States Statutes at Large Volume 31.djvu/474

422 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. Eimr ¤“°¥¤**'i"° SEc. 556. The writ is either alternative or erem for . When it (ni; $¤i€»I¤ilmy' what is alternative, it shall state concisely the facts ac¥dordin¥g.to5the petition, showing the obligation of the defendant to perform the act, and his omission to plerform 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 dplace therein specified, whg he has not done so; and that he then an there return t e writ, wit 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 re uiring the defendant to Show cause why he has not done as commanded, and to return the cause therefor, shall be omitted. ,,§{h§{,‘,u"{§Qfm,§sK’§,§ Sec. 557. When the riglht to require the performance of the act is i¤ im i¤¤¤¤~¤¤€· clear, and it is apparent t at no valid excuse can be given for not erforming it, a peremptory mandamus shall be allowed in the first instance; in all other cases the alternative writ shall be iirst issued. mzgltggw giiiggdfxiii SEc. 558. On the return day of the alternative writ, or such further how- day as the court or judge thereof may allow, the defendant on whom 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,. sb§wd§§sj;¤¤ge{’;§L§; Sec. 559. If the defendant do not show cause by demurrer or answer, my writ missue a peremptory mandamus shall be allowed against him. If the answer contain new matter, the same may be demurred or replied to by the 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 d Od prcéof, either dixiectl denial orhby way otf avoidance. d h Pl°°di° .“° m Q Ec. 560. e ea in s in the rocee ing by man amus are t ose igproceegglgs there mentioned in theptwo segtions last? preceding. They are to have the 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. Rec¤v<=ry of dam- Sec. 561. If judgment be given for the plaintiff, he shall recover °`g°S` the damages which he shall have sustained by reason of the premises, 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. uglggcgvgzvg $5 gg;} Sec. 562. A recovery of damages by virtue of this chapter against a suit or amen. party who shall have made a return to a writ of mandamus is a bar to v ang other action against the same party for the same cause. _ sr imvjgsjykglgfgonmgg Ec. 563. Whenever a peremptory mandamus IS directed to a public rename. , . —ofiicer or bod commanding the performance of any public duty specially "‘““ enjoined by lyaw, if it a pear 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 Hue, not exceeding one thousand dollars, upon every such officer or member of such body for each refusal. new med. 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. AP1>€¤J_£i-0;:1 iuds- Sec. 565. From the judgment of the district court, or judge thereof, m°m°fd1sm°t°°m' refusing to allow a mandamus, or directing a perem tory mandamus, an appeal may be taken in like manner and with like effect as in an action. .