Page images
PDF
EPUB

$ 99. An action may be brought by the attorney-general, in the name of the people of this state, upon his own information, or upon the complaint of any private party, against the parties offending in the following

cases :

1. When any person shall usurp, intrude into, or unlawfully hold or exerc'se, any public office, civil or military, or any franchise within this state, or any office in a corporation creáted by the authority of this state ;

or,

2. When any public officer, civil or military, shall have done or suffered a i act which, by the provisions of law, shall make a forfeiture of his office; or,

3. When any association, or number of persons, shall act within this state as a corporation, without being duly incorporated.

$ 100. An action may be brought, by the attorneygeneral, in the name of the people of this state, for the purpose of vacating or annulling letters patent, granted by the people of this state, in the following cases :

1. When he shall have riason to believe, that such letters patent were obtained by means of some fraudulent suggestion or concealment of a mater al fact, made by a person, to whom the same were issued or made, or with his consent or knowlrdge; or,

2. When he shall have reason to believe, that such letters patent were issued through mistake, or in ignorance of a material fact; or

3. When he shall have reason to believe, that the patentee, or those claiming under him, have done or omitted an act, in violation of the terms and conditions on which the letters patent were granted, or have, by any other means, forfeited the interest acquired under the same.

$ 101. When an action shall be brought by the attorney-general, by virtue of this chapter, on the relation or information of a person, having an interest in the question, the name of such person shall be joined with the people, as plaintiff.

$ 102. Whenever such action shall be brought against a person for usurping an office, the attorney-general, in addition to the statement of the cause of action, may also set forth in the complaint, the name of the person rightfully entitled to the office, with a statement of his right thereto, and in such case, upon proof by affidavit, that the defendant has received fees or emoluments belonging to the office, and by means of his usurpation thereof, an order may be granted by a judge of the supreme court, for the arrest of such defendant, and holding him to bail, and thereupon he shall be arrested and held to bail in the manner, and with the same effect, and subject to the same rights and liabilities, as in other civil actions, where the defendant is subject to arrest.

§ 103. In every such case, judgment shall be rendered upon the right of the defendant, and also upon the right of the party, so alleged to be entitled, or only upon the right of the defendant as justice shall require.

$ 104. If judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he shall be entitled, after taking the oath of office, and executing such official bond, as may be required by law, to take upon himself the execution of the office, and it shall be his duty, immediaʻely thereafter, to demand of the defendant in the action, all the books and papers, in his custody or within his power, belonging to the ofce, from which he shall have been excluded.

§ 105. If the defendant shal} refuse or neglect to deliver over such books or papers, pursuant to the demand, he shall be deemed guilty of a misdemeanor, and the same proceedings shall be had, and with the same effect, to compel delivery of such books and papers, as are prescribed in article five, title six, chapter six of the first part of the revised statutes.

§ 106. If judgment be rendered, upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages which he shall have sustained, by reason of the usurpation by the defendant of the office, from which such defendant has been excluded.

$ 107. Where several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons, in order to try their respective rights to such office or franchise.

§ 108. When a defendant, whether a natural person or a corporation, against whom such action shall have been brought, shall be adjudged guilty of usurping or intruding into, or unlawfully holding or exercising, any office, franchise or privilege, judgment shall be rendered, that such defendant be excluded from such office, franchise or privilege, and also that the plaintiff recover cost against such defendant. The court may also, in its discretion, fine such defendant a sum not exceeding two thousand dollars, which fine, when collected, shall be paid into the treasury of the state.

§ 109. If it shall be adjudged, that a corporation, against which an action shall have been brought, pursuant to this chapter, has by neglect, abuse, or surrender, forfeited its corporate rights, privileges and franchises, judgment shall be rendered, that the corporation be excluded from such corporate rights, privileges and franchises, and that the corporation be dissolved.

§ 110. If judgment be rendered in such action, against a corporation, or against persons claiming to be a corporation, the court may cause the costs therein to be collected, by execution against the persons claiming

to be a corporation, or by attachment or process against the directors or other officers of such corporation.

§ 111. When such judgment shall be rendered against a corporation, the court shall have the same power, to restrain the corporation, to appoint a receiver of its property, and to take an account, and make distribution thereof, among its creditors, as are given in the article 3, title 4, chapter 8, of the third part of the revised statutes, and it shall be the duty of the attorney-general, immediately after the rendition of such judgment, to institute proceedings for that purpose.

$ 112. Upon the rendition of such judgment against a corporation, it shall be the duty of the attorney general, to cause a copy of the judgment roll to be forthwith filed in the office of the secretary of state.

$ 113. Whenever, by the provisions of law, any property, real or personal, shall be forfeited to the people of this State, or to any officer for their use, an action for the recovery of such property, alleging the grounds of the forfeiture, may be brought by the proper officer, in the supreme court.

« PreviousContinue »