urse, in what

cases.

Chapter One Hundred and Thirty-Six of Revised Statutes of 1846.

In formations of (5291.) SECTION. 1. An information in the nature of a quo warranto, may be filed in the Supreme Court, either in term time. or vacation, by the Attorney General, against individuals, upon his own relation, or upon the relation of any private party, and without applying to such Court for leave, in either of the following cases:

2 Mich. Rep., 438. 1. When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchise within this State; or any office in any corporation created by the authority of this State;

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

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

on.

(5292.) SEC. 2. Whenever any such information shall be summons therefiled, a summons shall be issued thereon, which shall be served and returned in like manner as in personal actions; and whenever the same shall be returned served, the clerk shall enter the defendant's appearance.

forth in certain

(5293.) SEC. 3. Whenever any such information shall be what may be set filed against any person for usurping any office, the Attorney cases. General, in addition to the other matters required to be set forth in the information, may also set forth therein the name of the person rightfully entitled to such office, with an averment of his right thereto.

formation for

(5294.) SEC. 4. In every such case judgment shall be Judgment on inrendered upon the right of the defendant, and also upon the usurping office. right of the party so entitled; or only upon the right of the defendant, as justice shall require.

judgment for re

(5295.) SEC. 5. If judgment be rendered upon the right of Proceedings if the person so averred to be entitled, and the same be in favor lator. of such person, he shall be entitled, after taking the oath of office, and executing any official bond which may be required by law, to take upon him the execution of the office; and it shall be his duty, immediately thereafter, to demand of the defendant in such information, all the books and papers in his custody or within his power, belonging to such office.

fendant for refu

books, etc.

(5296.) SEC. 6. If such defendant shall refuse or neglect to Penalty on dedeliver over any such books or papers, pursuant to such demand, sing to deliver he shall be deemed guilty of a misdemeanor; and the like proceedings shall be had, and with like effect, to compel the delivery of such books and papers, as are prescribed in chapter Chapter 158. one hundred and thirty-three of these Revised Statutes.

damages.

(5297.) SEC. 7. If judgment be rendered upon the right of Suggestion of the person so averred to be entitled, in favor of such person, he may at any time within one year after the rendering of such judgment, make and file a suggestion, that he has sustained damages to a certain amount, by reason of the usurpation by the defendant, of the office from which such defendant has been evicted, and praying judgment therefor.

(5298.) SEC. 8. Such suggestion shall be entered, with the Proceedings on proceedings thereon, upon the record of the judgment, or shall suggestion. be attached thereto, as a continuation of the same; it shall be served on the defendant or his Attorney, and a rule to plead

Plea to sugges tion.

Determination of issues.

damages on deault, etc.

thereto shall be entered, and notice thereof given, in the same manner, and with the like effect, as upon the filing of a declaration in personal actions.

(5299.) SEC. 9. The defendant may plead the general issue to such suggestion, which shall be, in substance, the same as in personal actions; and on trial of any such issue, the plaintiff therein shall be entitled to recover the damages which he may have sustained by reason of the usurpation.

(5300.) SEC. 10. All issues of fact or of law, that shall be joined between the parties, shall be tried and determined in the Supreme Court, or in the Circuit Court of such County as the Supreme Court may by special rule direct, and execution may issue on any judgment recovered on such trial as in other cases.

Assessment of (5301.) SEC. 11. If no issue of fact be joined upon such suggestion, or if judgment be rendered against the defendant by default, on demurrer or otherwise, a writ of inquiry shall be issued to the Sheriff of the County within which the duties of the office are to be exercised, if the same be local, and if not local, to the Sheriff of any County within this State, to assess the damages sustained by the person filing such suggestion, by reason of the premises; or an order may be entered that such damages be assessed at a Circuit Court, to be held in any county of this State.

Informations against Corporations.

(5302.) SEC. 12. An information in the nature of a quo warranto may also be filed by the Attorney General, upon his own relation, or upon the relation of any private party, on leave granted, against any corporate body, 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 misuser; or:

3. Whenever it shall have forfeited its privileges and franchises by non-user; or:

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

5. Whenever it shall exercise any franchise or privilege not conferred upon it by law;

And it shall be the duty of the Attorney General, whenever he shall have good reason to believe that the same can be established by proof, to file such information in every case

leave.

of public interest; and also, in every other case in which satisfactory security shall be given to indemnify the People of this State against all costs and expenses to be incurred thereby. (5303.) SEC. 13. Leave to file such information may be who to grant granted by the Supreme Court in term time, or by any Justice thereof, but by no other officer, upon the application of the Attorney General in vacation; and such Court or Justice may, in their discretion, direct notice of such application to be given to such corporation or its officers, previous to granting such leave, and may hear such corporation in opposition thereto.

formation.

(5304.) SEC. 14. Upon such leave being granted, and Summons on inendorsed upon the information, under the hand of the Clerk of the Court, or of the Justice granting the same, the Attorney General may forthwith file the same, and thereupon may issue a writ of summons against such corporation, commanding the Sheriff to summon such corporation to appear in the said Court, and to answer the said information.

not necessary.

(5305.) SEC. 15. But when such corporation shall appear by When Summons counsel, pursuant to the notice above authorized to be given, and shall be heard in opposition to granting such leave, the Court or Justice granting leave may also direct a rule to be entered, requiring the defendants to appear and plead to such information, within twenty days after service of a copy thereof, and notice of said rule; and in such case it shall not be necessary to issue a writ of summons.

return of Sum

(5306.) SEC. 16. Whenever any writ of summons, issued upon Proceedings on an information in the nature of a quo warranto, shall be returned mons. duly served, the Attorney General may thereupon enter a rule, in vacation or in term, requiring the defendants to plead to the information filed against them in twenty days after service of a copy thereof; and the same shall be served in the same manner, and with like effect, as rules upon declarations in personal actions.

ance.

(5307.) SEC. 17. Whenever any such writ shall be returned Rule for not served, by reason of the defendants, or the officers of the defendants, not being found within the county, the Court shall direct a rule to be entered, requiring the defendant, whether an individual or a corporation, to appear and plead to such information, within twenty days after the last publication of such rule as hereinafter provided.

appear.

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