Publication, etc. Information against several persons Enlarging time to plead, etc Judgment on conviction. Court may impose a fine, etc. Judgments against Corporations. costs. (5308.) SEC. 18. A certified copy of such rule shall be published for four weeks successively, in such paper as the Court may direct; and if the defendant shall not appear and plead to such information, within the time limited in the rule, the plaintiff shall be entitled, upon filing an affidavit of the due publication of such rule, to enter the default of the defendant, in like manner as if the writ had been duly served. (5309.) SEC. 19. When several persons claim to be entitled to the same office or franchise, one information may be filed against all such persons, in order to try their respective rights to such office or franchise. (5310.) SEC. 20. An order may be made enlarging the time to plead or demur, upon an information in the nature of a quo warranto, by the Supreme Court, or by a Justice thereof; but by no other person. (5311.) SEC. 21. Whenever any defendant, whether a natural person or a corporation, against whom an information in the nature of a quo warranto shall have been exhibited, shall be found or 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 ousted, and altogether excluded from such office, franchise or privilege; and also, that the Attorney General, or the relator, if there be one, recover his costs against such defendant. (5312.) SEC. 22. The Court may also, in its discretion, impose a fine upon any such person or corporation against whom such judgment shall be rendered, not exceeding two thousand dollars; which fine, when collected, shall be paid to the State Treasurer, and shall by him be distributed and paid to the several County Treasurers to the credit of the several Library Funds, in the same proportions that the income of the Primary School Fund was apportioned to the several counties, at the then last apportionment of such School moneys. (5313.) SEC. 23. Whenever it shall be found or adjudged that any corporation against which an information in the nature of a quo warranto shall have been filed, has, by any misuser, nonuser, or surrender, forfeited its corporate rights, privileges and franchises, judgment shall be rendered that such corporation be ousted and altogether excluded from such corporate rights, privileges and franchises, and that the said corporation be dissolved. Collection of (5314.) SEC. 24. If judgment be rendered upon any such 12 Wend., 277. information against any corporation, or against any 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 against the Directors or other officers of any such corporation. having equity (5315.) SEC. 25. Whenever any such judgnient shall be Powers of Courts rendered, any Court having equity jurisdiction shall have the jurisdiction. same powers to restrain the corporation against which it is rendered; to appoint a Receiver of its property and effects; and to take an account and make distribution thereof among its creditors, as in case of the voluntary dissolution of a corporation; and it shall be the duty of the Attorney General, immediately after the rendering of any such judgment, to institute proceedings for that purpose in said Court. ment to be filed, (5316.) SEC. 26. Whenever any such judgment shall be Record of judg rendered against a corporation, a copy of the record of such etc. judgment shall be forthwith filed in the office of the Secretary of State; and such Secretary shall forthwith cause notice of the substance and effect of such recovery to be published for four successive weeks in some newspaper printed at the Seat of Government, and in a newspaper printed in the county where the principal office or place of business of such corporation. shall be, if a newspaper be there printed. forfeited prop (5317.) SEC. 27. Whenever, by the provisions of law, any Informations for property, real or personal, shall be forfeited to the People oferty. this State, or to any officers, for their use, an information for the recovery of such property, alleging the grounds of such forfeiture, may be filed by the Attorney General in the Circuit Court; upon which the like proceedings and judgment shall be had, if the information be to recover personal property, as in actions of trover, and if to recover real property, as in actions of ejectment. R. S. of N. Y., mus. Chapter One Hundred and Thirty-Seven of Revised Statutes of 1846. (5318.) SECTION 1. Whenever any writ of mandamus shall be issued out of the Supreme Court of this State, the person, 475. body or tribunal, to whom the same shall be directed and 2 Mich. Rep., 187. Pleadings and proceedings. fact. delivered, shall make return to the first writ of mandamus; and for a neglect so to do, shall be proceeded against as for a contempt. (5319.) SEC. 2. Whenever a return shall be made to any such writ, the person prosecuting the same may demur or plead to all or any of the material facts contained in the said return, and the like proceedings shall be had thereon for the determination thereof, as might have been had if the person prosecuting such writ had brought his action on the case for a false return. Trial of issues of (5320.) SEC. 3. Issues of fact joined in any such proceeding, shall be tried in the county within which the material facts contained in the mandamus shall be alleged to have taken. place. Damages, etc. (5321.) SEC. 4. In case a verdict shall be found for the person suing such writ, or if judgment be given for him upon demurrer, or by default, he shall recover damages and costs, in like manner as he might have done in such action on the case as aforesaid; and a peremptory mandamus shall be granted to him without delay. (5322.) SEC. 5. A recovery of damages by virtue of this Recovery to bar chapter, against any party who shall have made a return to a writ of mandamus, shall be a bar to any other action against the same party for the making of such return. another action. (5323.) SEC. 6. The Supreme Court, or any Justice thereof, Time for return. shall have the same power to enlarge the time for making a return, and pleading thereto, as in personal actions. pose fine in cer (5324.) SEC. 7. Whenever a peremptory mandamus shall be court may im directed to any public officer, body or board, commanding tain cases. them to perform any public duty, specially enjoined upon them by any provisions of law, if it shall appear to the Court that such officer, or any member of such body or board, has, without just excuse, refused or neglected to perform the duty so enjoined, the Court may impose a fine not exceeding two hundred and fifty dollars, upon every such officer, or member of such body or board, which fine, when collected, shall be paid to the State Treasurer, and be by him distributed and paid to the several County Treasurers, in the manner and for the purpose specified in the twenty-second section of the last preceding chapter. to bar action for tion. (5325.) SEC. 8. The payment of such fine shall be a bar to Payment of fine any action for any penalty incurred by such officer, or member penalty. of such body or board, by reason of his refusal or neglect to perform the duty so enjoined. (5326.) SEC. 9. Writs of prohibition shall only be issued Writs of prohibi out of the Supreme Court; and such writs shall be applied for upon affidavits, by motion, in the same manner as writs of mandamus; and if the cause shown shall appear to the Court to be sufficient, a writ shall be thereupon issued, which shall command the Court and party to whom it shall be directed, to desist and refrain from any further proceedings in the suit or matter specified therein, until the next term of the said Supreme Court, and the further order of such Court thereon; and then to show cause why they should not be absolutely restrained from any further proceedings in such suit or matter. turn. (5327.) SEC 10. Such writ shall be served upon the Court Service and re and party to whom it shall be directed, in the same manner as a writ of mandamus; and a return shall in like manner be made thereto by such Court, which may be enforced by attachment. Proceedings (5328.) SEC. 11. If the party to whom such writ of prohiadopts retura. bition shall have been directed, shall, by an instrument in when party Proceedings if return not adopted. Judgment if return not adopted. Judgment if return adopted. writing, to be signed by him, and annexed to such return, adopt the same return, and rely upon the matters therein contained, as sufficient cause why such Court should not be restrained as mentioned in the said writ, such party shall thenceforth be deemed the defendant in such matter, and the person prosecuting such writ may take issue or demur to the matters so relied upon by such defendant; and the like proceedings shall be had for the trial of issues of law or fact joined between the parties, and for the rendering of judgment thereupon, as in personal actions. (5329.) SEC. 12. If the party to whom such writ of probibition shall be directed, shall not adopt such return as above provided, the party prosecuting such writ shall bring on the argument of such return as upon a rule to show cause; and he may, by his own affidavit, and other proofs, controvert the matters set forth in such return. (5330.) SEC. 13. The Court, after hearing the proofs and allegations of the parties, shall render judgment, either that a prohibition absolute, restraining the said Court and party from proceeding in such suit or matter, do issue, or a writ of consultation, authorizing the Court and party to proceed in the suit or matter in question. (5331.) SEC. 14. If the party to whom such first writ of prohibition shall be directed, shall adopt the return of the Court thereto as above provided, and judgment shall be rendered for the party prosecuting such writ, a prohibition absolute shall be issued; but if judgment be given against such party, a writ of consultation shall be issued as above provided. |