1906 CALDER6N v. COQUARD. 3

special statutes, or where palpable injustice has been done. It does not lie where the errors are formal merely, and not substantial, nor where substantial justice has been done though the proceedings were informal; nor where the proceedings are not void on their face and show no arbitrary action on the part of the trial judge." "Certiorari Wll not lie as a substitute for an appeal from an interlocutory order of a superior court." "The evidence can-not be reviewed upon certiorari, nor the rulings on the admission of evidence." "It is granted or refused in the discretion of the superior court." "The application must disclose a proper case upon its-face." "The judgment is either that the proceedings below be quashed or that they be affirmed, either wholly or 'in part." Bouvier's Law Dictionary, Rawle's Revision.
It will be seen from the above citations that a writ of certiorari could not be issued in this case, its province being ''in most of the States of the United States to remove from the lower court proceedings which are created and regulated by statute merely for the purpose of revision and to complete the proceedings when the lower court refuses to do so upon erroneous grounds." "It is used also as an auxiliary process to obtain a full return to other process, as when, for example, the record of an inferior court is brought before a superior court by appeal, writ of error, or other lawful mode and there is manifest defect or suggestion of diminution, to obtain a perfect transcript and all papers." "It is true that in many States, by reason of statutes, and in the Federal courts under acts of Congress, a writ of certiorari is authorized to issue to bring up the records of that court for its revision and determination." Bouvier's Law Dictionary.
The above principles are those relating to the writ of certiorari under the American law and must be applied, as the writ referred to in Sections 9 and 24 of Act No. 1 of the Laws of the Canal Zone is a common law writ.
Under the laws of Panama', the writ of certiorari (recurso de hecho) is governed by the provisions of Chapter 2, Title 7, Book 2 of the judicial Code, and may be applied for when an appeal has been denied in a judicial proceeding. The aggrieved party applies to the superior court which grants the appeal and decides it, if it is legal. The provisions of that

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