Page:United States Statutes at Large Volume 31.djvu/1472

 1420 FIFTYSIXTH CONGRESSF Sess. 11. Ch. 854. 190i_ Second. Against any one or more persons who act as a coypomtio within the District without being duly authorized, or exercise with-H ‘ tge Distriit tiny corrgorate right(s,, Brivilegcs, or franchises not gyalntég t em by the laws in orce i11 sai, istrict. . _ And said proceedings shall be deemed a civil action. ~ Wh°m“V1“Sm‘“°· Sec. 1539. WHo MAY INSTITUTE.—Ti1€ Attorney-Genera] Or th — · district attorney may institute such proceeding on his own motion Oi on the relation of a third person. But such writ shall not be jsshed on the relation of a third person except by leave of the court, to bg applied for by the relator, by a petition duly verified, setting forth the grounds of the application, or until the relator shall file a bond with sufficient surety, to be approved by the clerk of the court in such penalty as the court may prescribe, conditioned for the payment by him of all costs incurred in the prosecution of the writ in case the f same-shall not be recovered fron1 and paid by the defendant. mfg g§j;gI{,¥é$Yj§§j;gjgj Sec. 1540. In ATTORNEY—GENE1tAL AND prsrnror Arronnnr annum, refuse. If the .AttO1`H€y-G€l1€1'&l and district attorney shall refuse to institute ' such proceeding on the request of a person interested, such person may apply to the court by verified petition for leave to have said writ ` issued; and if in the opinion of the court the reasons set forth in said petition are sufficient in law, the said writ shall be allowed to be issued by any attorney, in the name of the United States, on the relation of said interested person, on his compliance with the condition prescribed . _ _ in the last section as to security for costs. · HQ§f°1‘“°‘°1f““mg Of Sec. 1541. Rnraron onnnurno OFFICE.—·VV hen such .-proceeding is S against a person forusurping an office, on the relation of a person claiming the same office, the relator shall set forth in his petition the , i facts upon which he claims to be entitled to the office. f ` N°“‘?°t°d°i°¤dm“- Sec. 1542. Norron ro DnEnNDANr.—On the issuing of the writ the clerk may fix a time within which the defendant may appear andjanswer - the same. If the defendant can not be found in the District, the court ,,,§,Q;§,§;§€B,§,$;jQb§§ may direct notice to be given to him by publication as in other cases of cation. ” proceedings against nonresident defendants, and upon proof of publication, if the defendant shall not appear, judgment may be rendered as j if he had been personally served. . 1 ggfm p"”S°“’*1 Sm" SEO. 1543. If the defendant shall not appear as required by the writ, after being personally served, the court may proceed to hear proof in _ support of the writ, and render judgment accordingly. P“’*“h“g· Sec. 1544. PLEAD11vo.~—The defendant may demur or plead specially or plead “Not guilty " as the general issue, and the United States may reply as in other actions of a civil character; and any issue of fact shall be triediby a jury if either party shall require it, otherwise it Verdict. shall be determined by the court. I i _ . Sec. 1545. VER1)ICT.—Wh€I€ the defendant is found by the jury to j have usurped or intruded into or unlawfully held or exercised an office or franchise, the verdict shall be that he is guilty of the act or acts m question, and judgment shall be rendered that he be oustediand excluded _ therefrom andthat the relator recover his costs. f,,H§§,§§§gfg °°’p°“““ Sec. 1546. Usunrmo oonronnrn EnANorrrsn.—VVhere the proceeding is against persons acting as a corporation without being legally incorporated, the judgment against the defendants shall be that they be perpetually restrained and enjoined from the commission or continu-, _ l _ ance of thelacts complained of. 1 0,§1§§§j°“” °f d‘f°“f SEO. 1547. ELECTIONS OF DIRECTORS, AND so 1`ORTH.—WbG1`€ $19- _ ·proeeeding is against a director or trustee of a corporation and the court finds that at his election either illegalvotes were received or legal votes rejected, or both, sufficient to change the result if such error be corrected, judgment may be rendered that the defendant be ousted, and that the relator, if entitled to be declared elected, be admitted to the office, and a mandamus may be issued to the proper parties, being officers or members of said corporation, to admit hun to