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

And it is the duty of the attorney general to bring the action, whenever he has reason to believe that any of these acts can be proved, or when he is directed to do so, by a judge of the supreme court.

Amended Code, § 432, with the last sentence added.

§ 1049. 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 has 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 has reason to believe, that such letters patent were issued through mistake, or in ignorance of a material fact: or,

3. When he has 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.

Amended Code, § 433.

§ 1050. When an action is brought by the attorney general, by virtue of this chapter, on the complaint or

information of a person having an interest in the question, the name of such person must be joined with the people, as plaintiff.

Amended Code, § 434.

§ 1051. Whenever such action is 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 may be arrested and held to bail, in the same 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.

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Amended Code, § 435.

§ 1052. In every such case, judgment may be renderupon 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 requires.

Amended Code, § 436

§ 1053. 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 is 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.

Amended Code, § 437.

§ 1054. If the defendant refuse or neglect to deliver over such books or papers, pursuant to the demand, he is to be deemed guilty of a misdemeanor, and the same proceedings may 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.

Amended Code, § 438.

1055. 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 of the office by the defendant.

Amended Code, § 439.

§ 1056. 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.

Amended Code, § 440.

§ 1057. When a defendant, whether a natural person or a corporation, against whom such action has been brought, is adjudged guilty of usurping or intruding into, or unlawfully holding or exercising any office, franchise or privilege, judgment must be rendered, that such defendant be excluded from the office, franchise or privilege, and also that the plaintiff recover costs against such defendant. The court may also, in its discretion, impose upon the defendant a fine not exceeding two thousand dollars; which fine, when collected, must be paid into the treasury of the state.

Amended Code, § 441.

§ 1058. If it 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 must be rendered, that the corporation be excluded from such corporate rights, privileges and franchises, and that the corporation be dissolved.

Amended Code, § 442.

§ 1059. 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 process against the directors or other officers of such corporation.

Amended Code, § 443.

1060. When such judgment is rendered against a corporation, the court has 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 chapter upon actions respecting corporations, and in the chapter upon the voluntary dissolution of corporations, and it is the duty of the attorney-general, immediately after the rendition of such judgment, to institute proceedings for that purpose.

Amended Code, § 444.

§ 1061. Upon the rendition of such judgment against a corporation, or for the vacating or annulling of letters patent, it is 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.

Amended Code, § 445.

§ 1062. Such secretery must thereupon, if the record relate to letters patent, make an entry in the records of the commissioners of the land office, of the substance and effect of the judgment, and of the time when the record thereof was docketed; and the real property granted by the letters patent, may thereafter be disposed of by such commissioners, in the same manner as if the letters patent had never been issued.

Amended Code, & 446.

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