Plaintiff not

the answer.

SEC. 554. On the trial the applicant shall not be precluded by the answer of any valid objection to its concluded by sufficiency, and may countervail it by proof, either in direct denial or by way of avoidance.

new trial.

SEC. 555. The motion for a new trial must be made Motion for in the court in which the issue of fact is tried.

SEC. 556. If no notice of a motion for a new trial be given, or, if given, the motion be denied, the clerk, within five days after rendition of the verdict or denial of the motion, must 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. 557. If no answer be made, the case must be heard on the papers of the applicant. If the answer

Verdicttransmitted

when

by clerk.

copy

of

raises only questions of law, or puts in issue immaterial Hearing the applicastatements not affecting the substantial rights of the tion. parties, the court must proceed to hear, or fix a day for

hearing, the argument of the case.

judgment for applicant if he

SEC. 558. 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 What 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. 559. The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the court. Service upon a majority of any of the members of any board or body is service upon the board or body, whether at the time of the service the board or body was in session or not.

recover.

Writ-how

served.

SEC. 560. When a peremptory mandate has been issued and directed to any inferior tribunal, corporation, Disobedience board, or person, if it appear to the court that any member of such tribunal, corporation, board, or such person

of writ.

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 exPunishment ceeding one thousand dollars. In case of a 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 orders necessary and proper for the complete enforcement of the writ.

therefor.

CHAPTER III.—Writ of Prohibition.

SEC. 561. The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings Writ of Pros of any tribunal, corporation, board, or person, when such proceedings are without, or in excess of, the jurisdiction of such tribunal, corporation, board, or person.

prohibition- its offices.

SEC. 562. It may be issued by any court except police or justice's courts, to an inferior tribunal, or to a By what au corporation, board, or person, in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law. It is issued upon affidavit, on the application of the person beneficially interested.

thority issued.

Writ alternative or per

emptory.

Form of al

SEC. 563. The writ must be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party to desist or refrain from further proceedings in the action or matter specified therein, until the further order of the court from which it is issued, and ternative to show cause before such court, at a specified time and place, why such party should not be absolutely restrained from any further proceedings in such action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he Form of per- should not be absolutely restrained, etc., must be omitted and a return day inserted.

writ.

emptory writ.

SEC. 564. The provisions of the preceding chapter, except of the four first sections thereof, apply to this proceeding.

SEC. 565. Writs of review, mandate, and prohibition, issued by the supreme court, or by the district court, may be made returnable and a hearing thereon be had at any time.

TITLE XIII.-OF CONTEMPTS AND THEIR PUNISHMENTS. SEC. 566. The following acts or omissions, in respect to a court of justice, or proceedings therein, are contempts of the authority of the court:

First. Disorderly, contemptuous, or insolent behavior towards the judge while holding court, tending to interrupt the due course of a trial or other judicial proceeding.

Second. A breach of peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of the trial or other judicial proceeding.

Third. Misbehavior in office or other wilful neglect or violation of duty by an attorney, counsel, clerk, sheriff, coroner, or other person appointed or elected to perform a judicial or ministerial service.

Fourth. Deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding. Fifth. Disobedience of any lawful judgment, order, or process of the court.

Sixth. Assuming to be an officer, attorney, counsel of a court, and acting as such without authority.

Seventh. Rescuing any person or property in the custody of an officer by virtue of an order or process of such court.

Eighth. Unlawfully detaining a witness or party to an action while going to, remaining at, or returning from, the court where the action is on the, calendar 'for trial.

Ninth. Any other unlawful interference with the process or proceedings of a court.

Tenth. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness.

Eleventh. When summoned as juror in a court, neg

When return able.

Contemptsdeemed.

what shall be

Party dispossessed of real property by order of court

lecting to attend or serve as such, or improperly conversing with a party to an action to be tried at such court, or with any other person, in relation to the merits of such action, or receiving a communication from a party or other person in respect to it, without immediately disclosing the same to the court.

Twelfth. Disobedience by an inferior tribunal, magistrate, or officer, of the lawful judgment, order, or process of a superior court, or proceeding in an action or special proceeding contrary to law, after such action or special proceeding is removed from the jurisdiction of such inferior tribunal, magistrate, or officer. Disobedience of the lawful orders or process of a judicial officer is also a contempt of the authortty of such officer.

SEC. 567. Every person dispossessed or ejected from or out of any real property, by the judgment or process of any court of competent jurisdiction, and who, not having the right so to do, re-enters into or upon, or takes possession of, any such real property, or induces or procures any person not having the right so to do, or aids or abets him therein, is guilty of a contempt of the court retaining by which such judgment was rendered, or from which such process issued. Upon a conviction of such contempt the court or justice of the peace must immediately issue an alias process, directed to the proper officer, and requiring him to restore the party entitled to the possession of such property, under the original judgment or process, to such possession.

without a u

thority guilty

of contempt.

SEC. 568. When a contempt is committed in the immediate view and presence of the court or judge at chambers, it may be punished summarily, for which an Contempt order shall be made reciting the facts as occurring in ed when such immediate view and presence, adjudging that the

how punish

committed in

court.

presence of person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. When the contempt is not committed in the immediate view and presence of the court or judge at chambers, an affidavit shall be presented to the court or judge of the facts

constituting the contempt, or a statement of the facts by the referees or arbitrators.

When the contempt is not committed in the immediate view and presence of the court or judge, a warrant or attachment may be issued to bring the person charged to answer; or, without a previous arrest, a warrant of commitment may, upon notice or upon an order to show cause, be granted, and no warrant of commitment shall be issued without such previous attachment to answer, or such notice or order to show cause.

Proceeding in is committed ence of court.

case contempt out of pres

Bail to be endorsed on

Whenever a warrant of attachment is issued pursuant to this chapter, the court or judge shall direct, by an endorsement on such warrant, that the person charged warrant. may be let to bail for his appearance, in an amount to be specified in such endorsement.

SEC. 569. Upon executing the warrant of attachment the sheriff shall keep the person in custody, bring him before the court or judge, and detain him until an order may be made in the premises, unless the person arrested entitle himself to be discharged, as provided in the next section.

SEC. 570. When a direction to let a person arrested to bail is contained in the warrant of attachment, or endorsed thereon, he shall be discharged from the arrest upon executing and delivering to the officer, at any time before return day of the warrant, a written undertaking, with two sufficient sureties, to the effect that the person arrested will appear on return of the warrant, and abide the order of the court or judge thereon, or they will pay as may be directed the sum specified in the warrant.

Duty or sher

iff in execut

ing the war

rant.

when pris on bail.

oner released

Return of

SEC. 571. The officer shall return the warrant of arrest and undertaking, if any, received by him from writ the person arrested, by the return day specified therein.

SEC. 572. When the person arrested has been brought up or appeared, the court or judge shall proceed to investigate the charge, and shall hear any answer which the person arrested may make to the same, and may examine witnesses for or against him, for which an adjournment may be had from time to time, if necessary.

Hearing of the charge.