title. The application may be made by a tenant or subtenant, or a mortgagee of the term, or any person interested in the continuance of the term. It shall be made upon petition, setting forth the facts upon which the relief is sought, and be verified by the applicant. Notice of the application, with a copy of the petition, shall be served on the plaintiff in the judgment, who may appear and contest the application. The application may not be granted except on condition that full payment of rent due, or full performance of conditions or covenants stipulated, as far as the same is practicable, be made. § 1816. Appeals

The provisions of Sections 951-960 of this title, relating to appeals, except insofar as they are inconsistent with the provisions of this subchapter, apply to the proceedings specified by this subchapter.

§ 1817. Stay pending appeal

An appeal taken by the defendant does not stay proceedings upon the judgment unless the magistrate before whom the same was rendered so directs.

§ 1818. Rules of practice

Except as otherwise provided by this subchapter, the provisions governing civil actions in the magistrates' courts are applicable to, and constitute the rules of practice in, the proceedings mentioned in this subchapter.

§ 1819. Jurisdiction of magistrates' courts

Jurisdiction of proceedings under this subchapter is in the magistrates' courts, as provided by section 171 of Title 3.

1880. Transmittal of copy of judgment.

SUBCHAPTER III-REMEDIES FORMERLY AVAILABLE BY WRIT OF MANDATE 1901. Order to compel performance of duty or admission to office.

1902. Penalty for disobedience of order.

SUBCHAPTER IV-WRIT OF PROHIBITION

1921. Writ of prohibition defined.

1922. Issuance by district court; petition. 1923. Alternative or peremptory writ. 1924. Procedure generally; penalties.

Subchapter I-Extraordinary Writs Generally

§ 1851. Application of other provisions

Except as otherwise provided by this chapter, the provisions governing civil actions in the district court apply to and constitute the rules of practice in the proceedings mentioned in this chapter.

§ 1852. Issuance, return, and hearing

Writs of review and prohibition issued by the district court, may, in the discretion of the court, be made returnable, and a hearing thereon be had, at any time.

Subchapter II-Writ of Review

§ 1871. Writ of review defined

The writ of certiorari may be denominated the writ of review. § 1872. Grant by district court; grounds

A writ of review may be granted by the district court when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of the tribunal, board, or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequate remedy.

§ 1873. Application; notice

The application shall be made on the verified petition of the party beneficially interested. The court may require a notice of the application to be given to the adverse party, or may grant the writ without notice.

§ 1874. Direction of writ

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.

§ 1875. Contents of writ

The writ of review shall command the party to whom it is directed to certify fully to the district court, at a specified time and place, a transcript of the record and proceedings (describing or referring to them with sufficient certainty), that they may be reviewed by the court; and requiring the party, in the meantime, to desist from further proceedings in the matter to be reviewed.

§ 1876. Stay of proceedings

If a stay of proceedings is not intended, the words requiring the stay shall be omitted from the writ. These words may be inserted or omitted, in the discretion of the court, but if they are omitted, the power of the inferior court or officer is not suspended or the proceedings stayed.

§ 1877. Service of writ

The writ shall be served in the same manner as a summons in a civil action, except when otherwise expressly directed by the court. § 1878. Scope of review

The review upon this writ may not be extended further than to determine whether the inferior tribunal, board, or officer has regularly pursued the authority of the tribunal, board, or officer.

§ 1879. Return; hearing; judgment

If the return of the writ is defective, the court may order a further return to be made.

When a full return has been made, the court shall hear the parties, or such of them as may attend for that purpose, and may thereupon give judgment, either affirming or annulling, or modifying the proceedings below.

81880. Transmittal of copy of judgment

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 proceedings certified up.

88558 62 - 30

Subchapter III-Remedies Formerly Available by Writ of

Mandate

§ 1901. Order to compel performance of duty or admission to office

(a) In an appropriate action, or upon an appropriate motion in an action, under the practice prescribed in the Federal Rules of Civil Procedure and in this title, the district court may issue a mandatory order 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 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 tribunal, corporation, board, or person exercising judicial functions, when the proceedings are without or in excess of the jurisdiction of the tribunal, 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. It 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 applies to the disobedience of a writ of prohibition.

109. ADMISSIBILITY OF EVIDENCE; UNIFORM RULES OF EVIDENCE.... 111. ADMISSIBILITY AND SUFFICIENCY OF EVIDENCE_

2731

3051

CHAPTER 101—GENERAL PROVISIONS

Sec.

2501. Application of provisions.

2502. Persons authorized to administer oaths.

2503. Form of oath.

2504. Variation according to belief of witness.

2505. Form of affirmation or declaration.

§ 2501. Application of provisions

(a) Except as otherwise provided, this Part applies to the district court and to the magistrates' courts.

(b) Except as otherwise provided, and subject to the provisions of Title 6, this Part applies to civil actions and to criminal actions.

(c) Ás used in this Part, "civil action" includes special proceedings of a civil nature.

§ 2502. Persons authorized to administer oaths

Every court, every judge, or clerk of any court, every magistrate, and every notary public, and every officer or person authorized to take testimony in any action or proceeding, or to decide upon evidence, may administer oaths or affirmations.

§ 2503. Form of oath

An oath, or affirmation, in an action or proceeding, may be administered as follows, the person who swears, or affirms, expressing his assent when addressed in the following form: "You do solemnly swear (or affirm, as the case may be), that the evidence you shall give in this issue (or matter), pending between shall be the truth, the whole truth, and nothing but the truth, so help you God." § 2504. Variation according to belief of witness

and

(a) Whenever the court before which a person is offered as a witness is satisfied that he has a peculiar mode of swearing, connected with or in addition to the usual form of administration, which, in his opinion, is more solemn or obligatory, the court may adopt that mode.

(b) When a person is sworn who believes in any other than the Christian religion, he may be sworn according to the peculiar ceremonies of his religion, if any.

§ 2505. Form of affirmation or declaration

Any person who desires it may, at his option, instead of taking an oath, make his solemn affirmation or declaration, by assenting, when addressed, in the following form: "You do solemnly affirm (or declare) that" and so forth, as provided by section 2503 of this title.

CHAPTER 103-SUBPOENAS; RIGHTS AND DUTIES OF

Sec.

2551. Subpoenas generally.

2552. Duty of witness to attend.

2553. Period of attendance.

WITNESSES

2554. Forfeiture for disobedience.

2555. Warrant for arrest of witness.

2556. Warrant of commitment.

2557. Immunity of witness from civil arrest.

2558. Persons present.

2559. Prisoner as witness.

2560. Concealed witness.

2561. Interpreters.

2562. Witness fees.

§ 2551. Subpoenas generally

A subpoena in a civil action issued by the district court or by a magistrate's court is governed by Rule 45 of the Federal Rules of Civil Procedure, except that a subpoena issued by either court for a trial or hearing or for the taking of a deposition may be served, and attendance of the witness may be required, anywhere within the Canal Zone.

§ 2552. Duty of witness to attend

A witness served with a subpoena shall attend at the time appointed, with any papers under his control lawfully required by the subpoena, and answer all pertinent and legal questions; and, unless sooner discharged, shall remain until the testimony is closed.

§ 2553. Period of attendance

A witness has a right to be detained only as long as the interests of justice require it.

§ 2554. Forfeiture for disobedience

Except in a criminal action, and in addition to any other penalty, a witness disobeying a subpoena shall forfeit to the party aggrieved the sum of $100, and all damages which he may sustain by the failure of the witness to attend, which forfeiture and damages may be recovered in a civil action.

§ 2555. Warrant for arrest of witness

In case of failure of a witness to attend, the court issuing the subpoena, upon proof of the service thereof, and of the failure of the witness to attend, may issue a warrant to the marshal or constable to arrest the witness and bring him before the court, officer, or board where his attendance was required.

§ 2556. Warrant of commitment

A warrant of commitment, issued by a court pursuant to this chapter, shall specify therein, particularly, the cause of the commitment, and if it is for refusing to answer a question, the question shall be stated in the warrant.

§ 2557. Immunity of witness from civil arrest

(a) A person who has been, in good faith, served with a subpoena to attend as a witness in a case where the disobedience of the witness may be punished as a contempt, is exonerated from arrest in a civil action while going to the place of attendance, necessarily remaining there, and returning therefrom.

(b) The arrest of a witness contrary to subsection (a) of this section is void, and, when willfully made, is a contempt of the court. The person making the arrest is responsible to the witness arrested for double the amount of the damages which may be assessed against him,