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SEC. 7. Before any writ of certiorari shall be granted, the party applying, his agent or attorney, shall execute a written undertaking to the adverse party, with one or more sureties, and in a sum to be approved by the court or judge, to the effect that the party applying will prosecute the writ of certiorari to final judgment, and abide the order which the court may make therein.
SEC. 8. If the return to the writ be defective, the court may order a further return to be made. When a full return shall be made, the court shall, after hearing the parties, determine whether the inferior tribunal, board, or officer has regularly pursued the authority of such tribunal, board, or officer, and may thereupon give judgment, either affirming, annulling, or modifying the proceedings below, and issue execution thereon as upon other judgments.
SEC. 9. A copy of the judgment, signed by the clerk, shall be transmitted to the inferior tribunal, board, or officer having custody of the record or proceeding certified up.
SECTION 1. An information may be filed against any person or corporation in the following cases:
1. When any person shall usurp, intrude into, or unlawfully hold or exercise any public office or any franchise within this District, or any office in any corporation created by the authority of the laws of this District.
2. Whenever any public officer shall have done or suffered any act which, by the provisions of law, shall work a forfeiture of his office.
3. Where an association or number of persons shall act within this District as a corporation without being legally incorporated.
4. Or where any corporation does or omits acts which amount to a surrender of its rights and privileges as a corporation, or where it exercises powers not conferred by law.
SEC. 2. The information may be filed by the district attorney in the circuit court, on his own relation, whenever he shall deem it his duty to do so, or shall be directed by the circuit court, or any judge thereof, or by any other person on his own relation, whenever he claims an interest in the office, franchise, or corporation which is the subject of the information.
SEC. 3. The information shall consist of a plain statement of the facts which constitute the grounds of the proceeding, addressed to the court.
SEC. 4. Whenever an information shall be filed against a person for usurping an office by the district attorney, he shall also set forth therein the name of the person rightfully entitled to the office, with an averment of his right thereto; and when filed by any other person he shall show his interest in the matter, and he may claim the damages he has sustained.
SEC. 5. Whenever an information is filed, a summons shall issue thereon, which shall be served and returned as in other actions. The defendant shall appear and answer, or suffer default, and subsequent proceedings be had as in other cases.
SEC. 6. In every case contesting the right to an office, judgment shall be rendered upon the rights of the parties, and for damages the relator may show himself entitled to, if any, to the time of the judgment.
SEC. 7. If judgment be rendered in favor of the relator, he shall proceed to exercise the functions of the office after he has been qualified as required by law; and the court shall order the defendant to deliver over all the books and papers in his custody, or within his power, belonging to the office from which he shall have been ousted.
SEC. 8. If the defendant shall neglect or refuse to deliver over the books and papers, pursuant to the order, the court shall enforce the order by attachment and imprisonment.
SEC. 9. When the judgment is rendered in favor of the plaintiff, he may, if he has not claimed his damages in the information, have his action for the damages at any time within one year after the judgment, and within the time limited by law for maintaining such an action.
SEC. 10. When several persons claim to be entitled to the same office or franchise, one information may be filed against any or all such persons, in order to try their respective rights to the office or franchise.
SEC. 11. Whenever any defendant shall be found guilty of any usurpation of, or intrusion into, or unlawfully exercising any office or any franchise within this District, or any office in any corporation created by the authority of the laws of this District, or when any public officer thus charged shall be found guilty of having done or suffered any act which by the provisions of law shall work a forfeiture of his office, or when any association or number of persons shall be found guilty of having acted as a corporation without being legally incorporated, the circuit court shall give judgment of ouster against the defendant, and exclude him from the office, franchise, or corporate rights, and in cases of corporations, that the same shall be dissolved, and said court may adjudge costs in favor of the plaintiff.
SEC. 12. If under the proceedings authorized by this chapter judgment be rendered against any corporation, or against any persons claiming to be a corporation, the court may cause the costs to be collected by execution against the persons claiming to be a corporation, or by attachment against the directors or other officers thereof, and shall restrain the corporation, appoint a receiver of its property and effects, take an account, and make a distribution among the creditors. The district attorney shall immediately institute proceedings for such purpose.
SEC. 13. Whenever any property shall escheat or be forfeited to the United States, the legal title shall be deemed to be in the United States from the time of the escheat or forfeiture; and an information may be filed by the district attorney in the circuit court for the recovery of the property, alleging the ground on which the recovery is claimed; and like proceedings and judgment shall be had as in a civil action for the recovery of property.
SEC. 14. When an information is filed by the district attorney, under the provisions of this chapter, he shall not be liable for costs; but when it is filed upon the relation of a private person, such person shall be liable for costs, unless the same are adjudged against the defendant.
SECTION 1. The writ of habeas corpus shall be granted forthwith by the circuit court, or by the criminal court, or by any judge of either of said courts in vacation, to any person who shall apply for the same by petition, showing, by affidavit or other evidence, probable cause to believe that he is detained without lawful authority. Application in like manner for the writ may also be made by any person in behalf of the person illegally restrained.
SEC. 2. The writ shall be directed to the officer or party having the person under restraint, commanding him to have such person before the court or judge, at such time and place as the court or judge shall direct, to do and receive what shall be ordered concerning him, and to have then and there the writ. If the person to whom the writ is directed is absent from the place where the petitioner is confined, it may be served on the person having the immediate custody of such petitioner.
SEC. 3. If the writ be directed to the marshal, it shall be delivered by the clerk to him without delay. If the writ be directed to any other person, it shall be delivered to the marshal, and shall be served by him by delivering the same to such person without delay.
SEC. 4. If the person to whom such writ is directed cannot be found, or shall refuse admittance to the marshal, the same may be served by leaving it at the residence of the person to whom it is directed, or by affixing the same on some conspicuous place, either of his dwellinghouse or where the petitioner is confined or under restraint.
SEC. 5. The marshal or other person to whom the writ is directed shall make immediate return thereof, and if he refuse, after due service, to make return, the court or judge shall enforce obedience by attachment.
SEC. 6. The return must be signed by the person making it, and shall be sworn to by him, unless he is a sworn public officer and shall make the return in his official capacity. The person making the return shall state:
1. The authority or cause of the restraint of the party in his custody.
2. If the authority be in writing, he shall return a copy and produce the original on the hearing.
3. If he has had the party in his custody, or under his restraint, and has transferred him to another, he shall state to whom, the time, place, and cause of the transfer. He shall produce the party on the hearing, unless prevented by sickness or infirmity, which must be shown in the return.
SEC. 7. The court or judge, if satisfied of the truth of the allegation of sickness or infirmity, may proceed to decide on the return, or the hearing may be adjourned until the party can be produced, or for other good cause. The petitioner may except to the sufficiency of, or controvert the return or any part thereof, or allege any new matter in avoidance; the new matter shall be verified, except in cases of a commitment on a criminal charge. The return and pleadings may be amended without causing any delay.
SEC. 8. The court or judge shall thereupon proceed, in a summary way, to hear and determine the case; and if no legal cause be shown for the restraint, or for the continuation thereof, shall discharge the party.
SEC. 9. No court or judge shall inquire into the legality of any judgment or process whereby the party is in custody, or discharge him when the term of commitment has not expired, in either of the cases following:
1. Upon process issued by any court or judge of the United States, where the court or judge has conclusive jurisdiction; or,
2. Upon any process issued on any final judgment of a court of competent jurisdiction; or,
3. For any contempt of any court, officer, or body having authority to commit;