Page:United States Statutes at Large Volume 76A.djvu/466

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–370–

-370Subchapter III—Remedies Formerly Available by Writ of Mandate § 1901. Order to compel performance of duty or admission to office (a) I n an appropriate action, or upon an appropriate motion in an action, under the practice prescribed in the Federal Kules of Civil Procedure and in this title, the district court may issue a mandatory order to any inferior tribunal, corj^oration, 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 vmlawfully precluded by the inferior tribunal, corporation, board, or person. (b) The order shall be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law. § 1902. Penalty for disobedience of order When an order has been issued under section 1901 of this title and directed to any inferior tribunal, corporation, board, or person, if it appears to the court that a member of the tribunal, corporation, or board, or the person upon whom the writ has been personally served, has, without just excuse, refused or neglected to obey the order, the court may, upon motion, impose a fine of not more than $1,000. In case of persistence in a refusal of obedience, the court may order the party to be imprisoned until the order is obeyed, and may make any orders necessary and proper for the complete enforcement of the order. Subchapter IV—Writ of Prohibition § 1921. Writ of prohibition defined The writ of prohibition arrests the proceedings of any tribimal, corporation, board, or person exercising judicial functions, when the roceedings are without or in excess of the jurisdiction of the triunal, corporation, board, or person. § 1922. Issuance by district court; petition A writ of prohibition may be issued by the district court to an inferior tribunal or to a corporation, board, or person, in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law. I t is issued upon the verified petition of the person beneficially interested. § 1923. Alternative or peremptory writ The writ of prohibition is either alternative or peremptory. The alternative writ shall command the party to whom it is directed to desist or refrain from further proceedings in the action or matter specified therein, until the further order of the district court, and to show cause before the court, at a specified time and place, why the party should not be absolutely restrained from any further proceedings in the action or matter. The peremptory writ shall be in a similar form, except that the words requiring the party to show cause why he should not be absolutely restrained, and so forth, shall be omitted, and a return day inserted. § 1924. Procedure generally; penalties (a) The provisions governing procedure in civil actions in the district court apply to proceedings on a writ of prohibition. (b) Section 1902 of this title rpplies to the disobedience of a writ of prohibition.

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