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 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 appli cation 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.

a. This section is limited to letters patent granted by the people, and does not extend to letters patent granted by the king of Great Britain, prior to the Revolution. The People v. Clarke, 10 Barb. 120.

§ 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 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.

a. The provisions of the statute under which a successor in office may apply to a justice of the supreme court to compel his predecessor to deliver over to him the books and papers appertaining to his office, apply as well to superintendents and collectors of tolls on the canals, as to other officers. In case of proceedings under that statute against a collector of tolls on the canals, it is not necessary to show that any notice has been served by a canal commissioner. In re Cobee, 8 Pr. R., 367.

b. No proceedings can be had to compel the delivery of books and papers belonging or appertaining to a public officer until a judgment of ouster has been regularly entered against the person executing the duties of the office. In re Welch, 14 Barb. 396; 7 Pr. R., 173.

c. An allegation, in a petition for an order to compel such delivery, that judgment was rendered and duly perfected in an action in the nature of a quo warranto brought by the people to try the right of an individual to an office, on such a day, without stating in what court the judgment was rendered, or whether under the direction of a single judge, or at a special or a general term, is not sufficient if the facts are denied. Ib.

d. Upon the rendition of a regular judgment of ouster in the suit of the people against a public officer, and in favor of another individual for the office, the officer becomes actually ousted and excluded from office, and the party declared to be entitled, upon taking the official oath, and filing his bond (when required) becomes eo instante invested with the office, and entitled under section 437 of the code to demand and have the books and papers appertaining to the office. In re Welch, 7 Pr. R., 282.

e. An appeal from the judgment of ouster cannot in any way operate as a stay of proceedings. Ib.

§ 438. Proceedings against defendant, on refusal to deliver books or paper's.

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, privileges, 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 officers 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 attorneygeneral, 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 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 commissioner of land office.

Such secretary shall thereupon, if the record relates to let ters 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 any officer for their use, an action for the recovery of such property, alleging the grounds of the forfeiture, may be brought by the proper officer, in the supreme court.