The duties and liabilities of a sheriff in regard to the execution of process are nearly the same, under the Code, as under the former system, but the procedure for enforcing a judgment against him, is changed from a scire facias to a civil action, and the summons must issue from and be returnable to, the same court as the judgment. Jones v. Gupton, 65-48; Thompson v. Berry, 64-79; Tate v. Powe, 64-644. CHAPTER XIII. ACCOUNTABILITY OF GUARDIANS. SEC. 355. Guardian not to receive property until security given. 355.-Guardian not to receive property until security given. No guardian appointed for an infant shall be permitted to receive property of the infant, until he shall have given sufficient security, approved by the judge or the court, to account for and apply the same under the direction of the court. CHAPTER XIV. POWERS OF REFEREES. SEC. 356. Powers of referees. 356.-Powers of referees. Every referee appointed pursuant to this act shall have power to administer oaths in any proceeding before him, and shall have generally, the powers now vested in a referee by law. CHAPTER XV. MISCELLANEOUS PROVISIONS. SEC. 357. Papers lost, or withheld, how |SEC. 359. Time for publication of no supplied. 358. Where undertaking to be filed. tices, how computed, how improved. 360. Laws of other States and Governments. 357.-Papers lost or withheld, how supplied. 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. 358.-Where undertakings to be filed. The various undertakings required to be given by this act must be filed with the clerk of the court, unless the court expressly provides for a different disposition thereof; 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. 359.-Time for publication of notices-how computed. 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. 360.-Laws of other States and governments—how proved. Printed copies in volumes of statutes, code, or other written law, enacted by any other State or territory, or foreign government, purporting or proved to have been published by the authority thereof, or proved to be commonly admitted as evidence of the existing law in the courts and judicial tribunals of such State, territory, or government, shall be admitted by the courts and officers of this State, on all occasions, as presumptive evidence of such laws. The unwritten or cominon law of any State or territory, or foreign government, may be proved as facts, by parol evidence; and the books of reports of cases adjudged in their courts, may also be admitted as presumptive evidence of such law. TITLE XV. ACTIONS IN PARTICULAR CASES. Chapter 1. Actions against foreign corporations. Chapter II. Actions in place of scire facias, quo warranto, and of informations in the nature of a quo warranto. Actions to determine claims, for waste and nuisance. Chapter IV. General provisions relating to actions concerning real Chapter III. property. CHAPTER I. ACTIONS AGAINST FOREIGN CORPORATIONS. SEC. 361. Where and by whom brought. (361.-Where and by whom brought. [Amended by Acts of 1876–77, Chapter 170.] An action against a corporation created by, or under the laws of any other State, government, or country, may be brought in the Superior Court of any county in which the cause of action arose, or in which it usually did business, or in which it has property, or in which the plaintiffs or any one of them resides, in the following cases: 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 FACIAS, QUO WARRANTO, AND OF SEC. 362. Scire facias and quo warranto |SEC. 372. Proceedings against defend- 363. Action may be brought by Attorney-General to vacate a charter, by direction of the Legislature. 363. Action to annul a corpora- 365. Leave, how obtained. 367. Action, when and how 868. Relator, when to be joined as plaintiff. 368 a Relator to give security. 369. Complaint, and arrest of defendant,in action for usurping an office. 370. Judgment in such actions. 371. Assumption of office, &c., by relator, when judgment is in his favor. ant, on refusal to deliver 373. Damages, how recovered. 375. Penalty for usurping office 376. Judgment of forfeiture 379. Copy of judgment-roll 380. Entry of judgment relating 381. Action for forfeiture of prop- Į 362.-Scire facias and quo warranto abolished, and this chapter sub stituted. The writ of scire facias, the writ of quo warranto, andu Aute proceedings by information in the nature of quo warranto, A 215are abolished; and the remedies heretofore obtainable in those forms may be obtained by civil actions under the provisions of this chapter. But any proceedings heretofore commenced, or judgment rendered, or right acquired, shall not be affected by such abolition. Thompson v. Berry, 64-79; Thompson v. Berry, 64-81; Jones v. Gupton, 65-48; McDowell v. Asbury, 66-444. {363.-Action may be brought by Attorney-General to vacate a charter, by direction of the Legislature. An action may be brought by the attorney-general, in the name of the 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 conceal ment of a material fact, by the persons incorporated, or by some of them, or with their knowledge and consent. (364.-Action to annul a corporation, when and how brought by Attorney-General, on leave of Supreme Court. An action may be brought by the attorney-general, in the name of the 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 powers; 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 the duty of the attorney-general, whenever he shall have reason to believe that any of these acts or omissions can be established by proof, to apply for leave, and upon leave granted to bring the action, in every case of public interest, and also in every other case in which satisfactory security shall be given to indemnity the State against the costs and expenses to be incurred thereby. 365.-Leave how obtained. Leave to bring the action may be granted upon the application of the attorney-general; and 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. { 366.-Action upon information or complaint, of course. An action may be brought by the attorney-general in the name of the people of this State, upon his own infor |