El Nuevo mexicano., 1919-01-30
QUO WARRANTO PROCEDURE IS
PROVIDED FORM MEASURE
INTRODUCED BY MR.. CLANCY

- ANAA4 AaR $50
dure is provided in house bill Nc
20 introduced by Albert II. Clanc
and referred to committee on LAY
revision. 1t follows;
An act TO authorize proceedings Il
quo warranto.
Be it enacted by the Legislature
OF the state Of New Mexico;
Section /. The remedies hereto
fore obtainable by writ OF quo war
ranto and by proceedings by infor
nation In the nature of quo warrants
may be obtained by civil action, ant
II shall not be necessary to sue oui
such writs in form, but this section
shall not prevent nor be construed
to prohibit the use by the Supreme
and District courts Of the state Of
writs and proceedings in the forms
hitherto used in such cases by such
courts. ,it
Sec. q Actions Of quo warrantO
shall be set down and summarily
tried as soon as the issues are
made up and the court shall have
power to summon a jury for the pur.
pose and prescribe the n OF
summoning the same.
Sec. 8. When an action shall be
brought by an attorney general by
virtue of this chapter, on the rela-
tion or information OF a person or
persons, having an interest in the
question, the name OF such person
shall be Joined with the state as re-
lator.
Gee. 4. An action may be brought
by the attorney general in the name
OF the state, upon his information
or upon the complaint Of any private
person against the parties offending
in the following cases:
(a) 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 amy office or offices
in a corporation created by authori-
ty of this state; or
ID When any public officer, civil
or military, shall have done or sui
fered an act which, by the provisions
OF law, shall work forfeiture of his
office; or,
(c) When any association or num-
Der of persons shall act, within this
state, as a corporation without being
duly Incorporated, or in case of a
foreign corporation, without being
duly authorized, to do business with
in this state.
When the attorney general re-
fusese to act or when office usurp-
cd pertains to a county, village, IN
eorporated town Or city, or school
district, such action may be brought
in the name Of the state by a private
person on his own complaint, by
first obtaining leave Of the court on
an ex parte application or petition
Sec. S. Before any writ shall IS
sue in an action brought upon the
complaint or information of a private
under the provisions of this
act.q such private person shah file
with the clerk Of the court issuing
such writ, a cost bond in an amount
to be fixed by the court, executed
and acknowled as required by law
in the case of supersedeas bonds on
appeal, to be approved by the clerk
Of said court conditioned as now re-
quired by law in the case Of cost
bonds in the district court.
Sec. 6. Whenever such action
shall be brought against a person
for usurping an office the attorney
or person complaining, in ad-
dition 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
i statement of his right thereto, and
N such cases, upon proof by alfi-
lavit that the defendant has receiv-
I'd or about to receive the lees
and emoIuments Of the office by vir-
ne of his %usurpation thereof, the
Iudge Of the District Court wherein
such proceeding is pending, or a
Justice Of the Supreme Court, IL the
proceeding be therein pending, may
Dy order require the defendant 70
a good and sufficient bono,
executed and Acknowledged as re-
by law in the a s of super
,edeas bonds on. appeal, to be ap-
proved by said Judge, conditioned
hat In case the person alleged to be
untitled to the office should prevail, /,
he defendant will repay to him all
ees and emoluments Of the office :
,eceived BY him and by means 81 ,
lis u%surpation thereof, and in addi- :
ion to said bond the said judge or /
ustice may upon good cause shown, /
s a writ Of Injunction directed to ]
he proper disbursing officer enjoin-
ne and restraining him from issuing
O the defendant or his assigns any
variant, check, certificate, or GER
ificates oE Indebtedness representing
ees or dmoluments Of said office,
Intil the final adjudication Of SAID :
auSe. |
sec. z. In all actions brought to /
.etermine the right to any office II
hall be necessary for the plaintiff /
r reIator whenever the defendant
! in possession Of the office in con
under a certificte Of cleo {
ion issued by the proper officer or
oard Of ~canvassers, to state in his
omnlaint in what respect such GER
Ificate was improperly or illegally s
and in case 1t is claimed c
hat the relator received a majority s
/ legal votes cast for the office at
ny legal election to fill such office Il
g shall also state in such complaint 4
1e actual number OF legal votes Il
asst for the relator and for the de- Ii
sndant for such office respectively
nd also the number of votes cast i
the relator and for the defendant \
sspectiyely for such office, as &C. i