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TITLE XII.

Of the miscellaneous proceeding: in civil actions.

$ 87. The right to examine a party as a witness, given by sections 3 14 and 345 of the code of procedure, is extended so as to authorize the examination of a party on behalf of his co-plaintiff or a co-defendant; but the examination thus taken shall not be used on behalf of the party examined, except as against the examining party. And whenever, in the cases mentioned in those sections of the code, one of several plaintiffs or defendants, who are joint contractors, or are united in interest, is examined by the adver:e party, the other of such plaintiffs or defendants may offer themselves as witnesses to the same cause of action or defence, and shall be so received.

§ 88. If an original pleading or paper be lost or withheld by any person, the court may authorize a copy thereof to be filed and used instead of the original.

§ 89. The various undertakings, required to be given by the code of procedure, must be filed with the clerk of the court, unless a different disposition thereof is expressly made by the code, except that the undertakings provided for by the chapter on the claim and delivery of personal property, shall, after the justification of the sureties, be delivered by the sheriff to the parties respectively, for whose benefit they are taken.

§ 90. Upon any bond and warrant of attorney executed and delivered, before the first day of July, 1848, judgment may be entered in the manner provided by sections 335, 336, and 337 of the code, upon the plaintiff's filing such bond and warrant of attorney, and a statement signed and verified by himself, in the form prescribed by section 336.

§ 91. The publication of legal notices, required by law, or by an order of a judge or court, to be published in a newspaper once in each week, for a specified number of weeks, shall be made on the first day of each week, in which such newspaper is published; and if required to be published oftener than once in each week, the second publication shall be made on Thursday of each week, or if the paper be not issued and published on Thursday, then on any other day in the week on which such paper shall be issued.

§ 92. The time for publication of legal notices shall be computed so as to exclude the first day of publication, and include the day, on which the act or event, of which notice is given, is to happen, or which completes the full period required for publication.

§ 93. The judges of the supreme court shall meet in general session at the capitol, in the city of Albany, on the first Wednesday of August, 1819, for the purpose of appointing the times and places of holding general and special terms, circuit courts, and courts of govern the

oyer and terminer, pursuant to section 23 of the code of procedure, and at such session shall make general rules to carry into effect the provisions of the code of procedure, according to its spirit, as declared by section 46 of this act. The rules so made shall

superior court of the city of New York, the court of common pleas of the city and county of New York, and the county courts, so far as the same may be applicable. Until such general session of the supreme court, the general terms respectively of that court, and of the other courts mentioned in this section, may make temporary rules, in like cases, to continue in force until the first day of September next, and no longer. And from and after the first day of September next, the existing general rules of the supreme court, adopted in July, 1847, so far as the same remain now in force, shall be abrogated.

TITLE XIII.

Actions in particular cases.

CHAPTER I.

Actions against foreign corporations.

§ 94. An action against a corporation, created by, or under the laws of, any other state, government, or country, may be brought in the supreme court, the superior court of the city of New-York, or the court of common pleas for the city and county of New York, in the following cases:

[Third Rep.)

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1. By a resident of this state, for any cause of action.

2. By a plaintiff not a resident of this state, when the cause of action shall have arisen, or the subject of the action shall be situated, within this state.

CHAPTER II.

Actions in place of scire cias, quo warranto, and of informations in the nature of

quo warranto.

$ 95. The writ of scire facias, the writ of quo warranto, and proceedings by information in the nature of quo warranto, are abolished, and the remedies, heretofore obtainable in those forms, may be obtained by civil actions, under the provisions of this chapter.

$ 96. An action may be brought by the attorney-general, in the name of the people of this state, whenever the legislature shall so direct, against a corporation, for the purpose of vacating or annulling the act of incorporation, or an act renewing its corporate existence, on the ground, that such act or renewal was procured, upon some fraudulent suggestion or concealment of a material fact, by the persons incorporated, or by some of them, or with their knowledge and consent.

§ 97. An action may be brought by the attorney-general, in the name of the people of this state on leave granted by the supreme court, or a judge thereof, for the purpose of vacating the charter or annulling the existence, of a corporation, other than municipal, whenever such corporation shall,

1. Offend against any of the provisions of the act or acts creating, altering, or renewing, such corporation, or,

2. Violate the provisions of any law, by which such corporation shall have forfeited its charter, by abuse of its power; or

3. Whenever it shall have forfeited its privileges or franchises, by failure to exercise its powers; or

4. Whenever it shall have done or omitted any act, which amounts to a surrender of its corporate rights, privileges, and franchises; or

5. Whenever it shall exercise a franchise or privilege, not conferred upon it by law.

And it shall be te duty of the attorney-general, whenever he shall have reason to believe, that any of these acts or on.issions can be established by proof, to apply for leave, and upon leave grant d, to bring the action in every case of public interest, and also in every other case, in which satisfactory security shall be given, to indemnify the people of this state, against the costs and expenses to be incurred thereby.

$ 98. Leave to bring the action may be granted, upon the application of the attorney-general; aud the court or judge may, at discretion, direct notice of such application to be given to the corporation or its officers, previous to granting such leave, and may hear the corporation in opposition thereto.

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