In quo warranto commenced before July, 1848, motions for judgment must be made to the general term. People ex rel. Coon v. Gilbert, 2 Code Rep., 31. 3 ib. 181.

Where a judgment was obtained in 1842, and the plaintiff on May 4, 1849, issued a writ of scire facias quare executionem non, the court, on defendant's motion, set aside such writ, saying: The amended code took effect prior to the issue of this writ and must control the rights of the parties. By section 428 the writ of scire facias is abolished, and the remedies prescribed by sections 283 and 284 substituted. The saving clause in section 428 relates only to proceedings by scire facias commenced before the code took effect, whether judgment had been rendered therein or not. The motion contemplated by section 284 renders a scire facias unnecessary. Catskill Bank v. Sandford, 4 Pr. R., 100. It was held otherwise under the code of 1848, but that code had no section corresponding to this. Anon., 1 Code Rep., 118.

§ 429. Action may be brought by attorney-general to vacate a charter by direction of legislature.-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.

§ 430. Action to annul a corporation, when and how brought by attorney-general by leave of supreme court.-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 pow

ers; 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 indemnify the people of this State, against the costs and expenses to be incurred thereby.

431. 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.

§ 432. 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 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 exercise, any public office, civil or military, or any franchise within this State, or any office in a corporation created by the authority of this State; or,

2. When any public officer, civil or military, shall have done or suffered an 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.

$433. Action, when and how brought to vacate letters patent. -An action may be brought by the attorney-general, 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 reason to believe that such letters patent were obtained by means of some fraudulent suggestion or concealment of a material fact, made by a person to whom the same were issued or made, or with his consent or knowledge; 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.

§ 434. Relator, when to be joined as plaintiff.—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.

§ 435. Complaint and arrest of defendant, in action for usurping an office. 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.

$436. Judgment in such actions.-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.

§ 437. Assumption of office, &c., by relator, when judgment is in his favor.-If the 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, immediately thereafter, to demand of the defendant in the action, all the books and papers in his custody, or within his power, belonging to the office from which he shall have been excluded.

$438. Proceedings against defendant, on refusal to deliver books or papers.-If the defendant shall 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.

$439. Damages, how recovered.-If the 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.

$440. One action against several persons claiming office or franchise. 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.

§ 441. Penalty for usurping office or franchise, how awarded. -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 costs 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.

§ 442. Judgment of forfeiture against a corporation.—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, privi

vileges and franchises, judgment shall be rendered, that the corporation be excluded from such corporate rights, privileges and franchises, and that the corporation be dissolved.

§ 443. Costs against corporation, or persons claiming to be such, how collected.-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 offi cers of such corporation.

§ 444. Restraining corporation and appointment of receiver. 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 article three, title four, chapter eight, 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.

445. Copy of judgment roll against corporation, where to be filed. Upon the rendition of such judgment against a corporation, or for the vacating or annulling of letters patent, 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.

§ 446. Entry of judgment relating to letters patent in records of commissioners of land office.-Such secretary shall thereupon, if the record relates to letters patent, make an entry in the records of the commissioners of the land office, of the substance and effect of such judgment, and of the time when the record thereof was docketed, and the real property granted by such letters patent, may thereafter be disposed of by such commissioners, in the same manner as if such letters patent had never been issued.

§ 447. Actions for forfeiture of property to the people.Whenever, by the provisions of law, any property, real or personal, shall be forfeited to the people of this State, or to