Judge failing to sign exceptions, how compelled.
Section 499
SEC. 499. Judge failing to sign exceptions, how compelled. — If from any cause the bill of exceptions is not certified by the judge of the court below, without fault of the party tendering the bill of exceptions, such party, or his attorney, may apply at the next term of the Supreme Court, and on petition obtain from said court a mandamus directed to such judge: 1. Such petition must set out substantially the bill of exceptions tendered, and shall be verified by oath by the lawyer as to the truth of the bill of exceptions as tendered by the party or his lawyer and as to the other facts stated therein; 2. Upon the filing of such petition, the Supreme Court shall issue a mandamus directed to the judge of the Court of First Instance, requiring him forthwith to make return of his reasons for not certifying the bill of exceptions, and the judge shall forthwith make such return, and the Supreme Court shall hear the original parties and determine the validity of the reasons given by the judge for his failure or refusal; 3. If the reasons be insufficient, or the judge fails or refuses to make any return to the mandamus, the Supreme Court shall issue a mandamus absolute, commanding the judge to sign and certify the bill of exceptions, as set forth in the petition or as modified by the Supreme Court; 4. If he still refuses to do so, the cause shall be heard by the Supreme Court on the exceptions as verified in the petition for mandamus; 5. In the hearing upon the judge's return, as provided in subdivision two of this section, the Supreme Court may, in its discretion, receive other testimony than the judge's return, in determining the validity of the reasons given by the judge for his failure or refusal to sign the bill of exceptions.