The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-07-07
Number I6.

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state. for all such deluquencics and offen-
ces against those laws as may come 10 his
knowledge.
SEC. 8. That he may prosecute any ac-
ton or s'lit at law. or in equity. authorized
by the last two sections, in the court Of
common pleas OF tne Goss,sy in. wlli,:h the
defendant, or any one or more of iIAssde-
PENDANTS. may reside or be found
SEC. Q. That upon complaint made to
him, that any incorporated company has
otl'nded against the laws of the state. mis-
used its corporal" authority. or any OF its
franchises or privileges not granted to it.
or surrendered abandoned or forfeited its
corporate authority. or any of its iranchi-
ses or privileges, he shall enquire into the
complaint. and, if lie should find probable
cause for so doing. cause proceedings in
the nature ofquo warranto or writ OF scire
tacas, to be Instituted against it.
Sec. 10. That if it shall come 10 hi,
knowledg ge otherwise, that any incorpora-
ted company has offended against the laws
of the state, mis'sed its corporate authori-
ty. or any OF its franchises or privileges.
assumed franchises or privileges no, con-
fered, or surrendered. abandoned or for
feired its corporate authority. or any OF its
franchises or privileges, he shall cause
proceedings in the Datnre Of quo warranlo
or writ of scre tacas, 10 be Instituted
against it. ngt.
Sec. II That he shall likewise cause
such proceedings to be instituted. and dill
igently prosecute the same, whenever di-
rected so to do by the Governor. the Su-
prema Court. or either house of the Gen.
elal Assembly.
SEC. l2. That whenever any person
shall usurp, intrude into, or unawfully
hold or exercise any public office. civil
or military, or any franchise or privilege.
within this state, or any Office in any cor
poraton created by the authority of this
state, or whenever any such public or cor
porate officer shall have done or suffered
any act, which, bv law, may work for
telture Of his term of office, or whenever
any person or number of persons shall act
or assume to act as corporation. within
this state. without being legally authorized
so to do, or shall exercise or assume to ex.,
ercise any franchise or authority not war
ranted by law, within this state. the Ator-,
ney General may. upon complaint made
| to him. or upon his own motion. cause
proceedings. in the nature OF quo warran.
TO, TO be Instituted, and the same diligently
prosecuted TO judgement; Provided how
ever. that he may refuse to institute pro-
ceedings, as aforesaid. except when direct.
ed by the Governor. the Supreme Court,
or either house of the General Assembly,
unless some responsible treeholder Of the
state will become relator Of the cause, and
liable for the costs thereof; but whenever
the Governor. the Supreme Court. or eth
er house OF the General Assembly, NAV
direct any such proceedings 10 be insttu-
ted, he shall cause the same to be com.
menced, and diligently prosecuted, upon
his own relation.
Sec. l3. That he may prosecute any
information. writ, relation. or other pro-
ceeding authorized by the last four sec.
tons. in the supreme court OF the state, the
district court OF Franklin county, or the
district court of any county wherein such
company may have place of business.
or such officer or officers. person or per-
sons, reside or NAV be found
Sec. IA. That it shall be his duty to
cause proper suits 10 be Instituted, at law
ard IN chancery. to enforce the pertor-
nance OF trusts for charitable and educa-
tonal purposes. and restrain the abuse
thereof, whenever. upon the complaint of
others, or from his own knowledge. he NAV
deem that TO be advisable. or whenever by
the Governor. the Supreme Court, or eth.
er house OF the General Assembly, he NAV
be directed so to do; which said suits NAV
be brought in his own name, upon behalf
oi the state, or the benefciaries of the trust,
in the court of common pleas of Franklin
county, or IN the court of common peas
OF any county wherein the trust property
may be situated or invested, and which
suit shall not abate nor discontinue bv any
change of the officer, but shall be prose-
cuted to final Judgement mandate or de-
cree, as If no such change had occurred;
Provided. however, that the Attorney Gen.
era may refuse to institute proceedings as
aforesaid, except when directed by the
Governor. the Supreme Court, or either
house OF the General Assembly. unless
some responsible freeholder of the state
will become relator in the cause, and LA.
ble for the costs thereof; but whenever the
Governor, the Supreme Court. or either
house of the General Assembly, may d.
rect any such suit, he shall cause the
same to be commenced. and diligently
prosecuted, without any other relation.
Sec. Is. That he shall, when required,
give legal advice to the Governor, the See.
retary Of State. the Auditor OF State, the
Treasurer of State, the Board Of Public
Works, the Commissioners o6the Sinking
Fund. the Warden and Directors of the
Penitentiary, and the Superintendent and
nirectors of The R.,nauolanA I,as.;....; e