, 1854-07-15
Sec. 46s. Costs shall be awarded in
these proceedings as in civil actions.


Sec 469. An information may be filed
against any person or corporation in the
following cases:
lst. When any person shall usurp, in.
trude into or unlawfully hold or exercise
any public Office or any franchise within
the Territory, or any Office in any corpora!
tion created by the authority Of the Terri
tory. ,.. H. t
%. Whenever any public officer shall
have done or suffered any act which by the
provisions Of law shall work forfeiture Of
his Office. CD i..' "ilf- 'i' "
Sd. Where any association or number Of
persons shall act within this Territory as
corporation, without being legally incorpo-
rated. -.
4th. Or where any corporation do or
omit acts which amount to a surrender or
q forfeiture of their rights and privileges as
a corporation, or where they exercise pow
ers not conferred by law. .,..
See 470. The information may be fled
by the prosecuting attorney Of the district
in the district court of the proper county
upon his own relation, whenever he shall
deem it his duty to do so, or shall be di-
rected by the court or other competent an-
ihoIity, or by any other person on his own
relation whenever he claims an interest in
the Office, franchise or corporation which is
the subject Of the information. ttr
Sec All. The information shall consist
Of aiplain statement Of the facts which con-
stitute the grounds Of the proceeding, ad-
dressed TO the court. I'D
Sec. 472 Whenever an information
shall be filed against person for usurping
an Office by the prosecuting attorney, he
shall also set forth therein the name Of the
person rightfully entitled to the Office, with
an ayerment Of his right thereto, and when
fled by any other person he shall show his
interest in the matter, and he may claim
the damages he has sustained.
Sec. 473. Whenever an information is
6led, summons shall issue thereon, which
shall be served and returned as in other
actions. The defendant shall appear and
answer or suffer default, and subsequent pro-
ceedings be had Us in other cases. i" ~
Sec. 474. In every case wherein the
right to on Office is contested, judgment
shall be rendered upon the rights Of the
parties and for the damages the relator
may show himself entitled to, II any, to the
time Of the Judgment. AIa oai@tp A
Sec. AIS. If judgment be rendered in
favor of the relator, he shall proceed toex-
ercise the functions Of the otice, after he
has been qualified as required by law, and
the court shall order the defendant to de-.
liver over all the books and papers in his
custody or within his power, belonging 10
the Office from which he shall have been
ousted. ....4..
Sec. 4S6. If the defendant shall refuse
9. neglect TO deliver over the books and
papers pursuant to the order, the court or
judge thereof shall enforce the order By at
tachment and Imprisonment. 5ra.g.isl. 4.
Sec. All. When the Judgment is rem
dered in favor Of the plaintiff, he may, II
he has not claimed his damages in the in
formation, have his action for the damages
at any time within one year after the judg-
ment. ..........,r ...,t ,.,t4 ts.q .fr
See. 47S. When several persons claim
to be entitled to the same Office or fran
chise, one information may be fled against
any or all such persons, in order to try
their respective rights to the ofice or frau
chise. ....-,....., ..t..,.......
Sec. 419. Whenever any defendant
shall be found guilty Of any usurpation, Of
or intrusion into or unlawfully exercising
any Office or any franchise within this Ter
ritory, or any Office in any corporation
created by the authority Of this Territory,
or when any public officer thus charged
shall be found guilty Of having done or
suffered any act which, by the provisions
of the law, shall work forfeiture Of his
Office, or when any association or number
of persons shall be found guilty Of having
acted as a corporation without having been
legally Incorporated, the court shall give
Judgment Of custer against the defendant,
and exclude him from the Office, franchise
or corporate rights and in cases Of cor,
porations, that the same shall be dissolved
and the court shall adjudge costs in favor
Of the plaintiff.
See. 4S0. II Judgment be rendered
against any corporation or against any
persons claiming to be corporation, the
court may cause the costs to be collected
by execution against the persons claiming
to be corporation, or by attachment
against the directors or other officers Of
the corporation, and shall restrain the cor
poration, appoint receiver Of its property
and effects, take an account and make
distribution thereof among the creditors
the prosecuting attorney shah Immediately
institute proceedings for that purpose p
Sec. 4Sl. Whenever any property shall
escheat or be forfeited to the Territory for
its use, the legal title shall be deemed to
be 10 the Territory from the time Of the
escheat or forfeiture and al information
may be fled by the prosecuting attorney
in the district court for the recovery Of the
properly, alleging the ground on which the
recovery is claimed, and like proceedings
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