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from the time of the recovery, until the first Monday in February after such meeting, to be added to the tax of the town or county, for whose liability the same was recovered, and the same must be collected as other contingent charges of the town or county.

§1040. The treasurer of a county, against which, or against whose officers, a judgment has been recovered, for a liability of the county, the execution of which has not been stayed upon appeal, must, upon demand, and the delivery to him of a certified copy of the docket of the judgment, pay the amount due thereon, if there be sufficient money of the county in his hands, not otherwise specifically appropriated. If he fail to do so, he shall be personally liable for the amount, unless the collection thereof be afterwards stayed upon appeal.

1041. The supervisors, or overseers of the poor, of a town, against which or against whose officers, a judgment has been recovered for a liability of the town, the execution of which has not been stayed upon appeal, must in like manner, upon demand, and the delivery of a certified copy of the docket of the judgment, pay the amount due thereon, if there be sufficient money of the town in his hands, not otherwise specifically appropriated. If he fail to do so, he shall be personally responsible for the amount, unless the collection thereof be afterwards stayed upon appeal.

§ 1042. Execution cannot be issued on a judgment, mentioned in sections 1038 and 1040 without leave of the

court, nor must leave be granted, until the court is satisfied that payment has been demanded of the proper county, or town officers, as provided in the last two sections, and that the board of supervisors have wrongfully omitted to include the amount in the tax list, as provided in section 1039. When execution is issued, the property of the county, or town, only is liable thereon.

§ 1043. Judgments, for the recovery of money, rendered against loan officers, commissioners of loans, commissioners of common schools, commissioners of highways, trustees of school districts, and trustees of gospel and school lots, or other town or county officers, on account of a liability of such county or town, may be enforced by execution, or otherwise, against such officers personally, and the amount collected of them must be allowed to them in their official accounts.

CHAPTER IX.

ACTIONS TO VACATE CHARTERS AND LETTERS PATENT, AND TO PREVENT THE USURPATION OF AN OFFICE OR FRANCHISE.

1045.

SECTION 1044. Action substituted for quo warranto and scire facias.
Action to vacate charter of a corporation.
1046. In what cases action may be brought.
1047. Leave to be first obtained from court.

1048. Action for usurping an office or franchise.

1049. Action to vacate patents for lands.

1050. When a private person may be joined as plaintiff.

1051. When for usurping an office and receiving fees, defendant may be

arrested.

1052. Judgment may determine the right of claimant.

1053. When claimant may enter upon office.

1054. Punishment for refusing to deliver books.

1055. Person entitled may recover damages.

1056. When several claimants to an office, all may be included.

1057. Judgments in actions under this chapter.

1058. Corporation may be dissolved.

1059. Costs may be ordered.

1060. Injunction and receiver allowed.

1061. Record when filed with secretary of state.

1062. When patent for lands is vacated, secretary of state to enter note thereof.

§ 1044. The writ of scire facias, the writ of quo warranto, and proceedings by information in the nature of quo warranto, are abolished, and the remedies heretofore obtainable in these forms, may be obtained by civil actions, under the provisions of this chapter. But nothing contained in this section affects any right already acquired, or any judgment or order already made, or any proceeding already taken.

Amended Code, §428. See also 2 R. S. 579-586.

§ 1045. An action may be brought by the attorney general, in the name of the people of this state, whenever the legislature so directs, 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.

Amended Code, § 429.

§ 1046. 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 munipical, whenever such corporation;

1. Offends against any of the provisions of the act or acts creating, altering, or renewing, such corporation;

or

2. Violates the provisions of any law, by which such corporation forfeits its charter, by abuse of its powers;

or

3. Whenever it has forfeited its privileges or franchises, by failure to exercise its powers; or

4. Whenever it has done or omitted any act, which amounts to a surrender of its corporate rights, privileges, and franchises; or

5. Whenever it exercises a franchise or privilege, not conferred upon it by law.

And it is the duty of the attorney general, to apply for leave, and upon leave granted, to bring the action in every case of public interest, whenever he has reason to believe, that any of these acts or omissions can be proved, and also in every other case, in which satisfactory security is given, to indemnify the people of this state, against the costs and expenses to be incurred thereby.

Amended Code, § 430.

§ 1047. 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.

Amended Code, § 431.

§ 1048. 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 a private party, against the party offending in the following cases:

1. When any person usurps, intrudes into, or unlawfully holds or exercises 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, has done or suffered an act which, by the provisions of law, makes a forfeiture of his office: or,

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