Page:United States Statutes at Large Volume 31.djvu/441

 ' FIFTY-SIXTH CONGRESS. Sess. I.] Ch. 786. 1900. 389 judgment if the same were against a plrivate person, nor until satisfaction of the judgment in respect to suc money or damages be acknowledged as in ordinary cases. The clerk shall include in the transcript a memorandum of such acknowledgment of satisfaction and the entry thereof. Unless the transcript contain such memorandum no order upon the treasurer shall issue thereon. i CHAPTER - THIRTY-srx. OF ACTIONS TO AVOID CHARTERS, LETIERS PATENT, AND T0 PREVENT THE USURPAT1oN or AN OFFICE OR FRANCHISE AND To DETERMINE THE RIGHT THERETO. .· Sec. i Sec. 337. Scire facias and quo warranto abol- 343. When re1ator’s  may be pleaded ished. and determm in the action. 338. Action against public or private cor- 344. If judgment be given in favor of reporation to be commenced on the lator what he may do; s » direction of the governor. 345. Relator after judgment may have 339. Action to annul the existence of action for damages. corporation. 346. Actionsagainstseveralpersonsclaim— 340. Action for the usurpation of office ing office or franchise. or franchise. 347. Judgment against usurper. Court 341. Who to prosecute actions, pleadings may fine him. _ by w om verified, how leave 348. Judgment against corporation. granted, and 'who deemed co- 349. Copy of judgment rol to be Bled. -... plaintiff. _ I 350. How judgment enforced. 342. Duty of prosecuting attomey as to commencing action. SEc.`337. The writ of scire facias, the writ of quo warranto, and w§§r*f_f,‘,g°j§,§,f,Q,‘}e$f° proceedings by information in the nature of quo warranto are abol— ` ished, and the remedies heretofore obtainable under those forms may be obtained by an action in the mode prescribed in this chapter." SEo.f 338. An action may be maintained in the name of the United ,,jg§°gm* P2, States, whenever the governor shall so direct, against a corporation tion rgbesommifiicm either public or private, for the purpose of avoiding the act of incor- §§§2f¤%i§°°°°“ °m‘° poration, or the act renewing or mo ifying its corporate existence, on the ground that such act or either of them was procured upon some fraudulent suggestion or concealment of a material fact by the persons incorporated, or some of them, or with their knowledge and consent; or for annulling the existence of such corporation, when the same has been formed under any general law operating in this district therefor, on the ground that such incorporation, or any renewal or ` · modification thereof, was procured in like manner. · . SEo. 339. An action may be maintained in the name of the United e£:gg¤e*%?¤¤¤ the States against a corporation other than a public one on leave ranted mm. C °°rp°m' by the court or judge thereof where the action is triable, for tie purpose of avoiding the charter or annulling the existence of such corporation, whenever it shall- _ First. Oifend against any of the provisions of the acts, or either of them, creating, renewing, or modifying] such corporation or the provisions of any general law under whic it became incorporated; or, Second. Violate the provisions of any law by which such corporation forfeits its charter by abuse of its powers; or,. ` Third. Whenever it has forfeited its privileges or franchises by failure to exercise for a period of one year its powers; or, Fourth. Whenever it has done or omitted any act which amounts to a surrender of its corporate rights, rivileges, and franchises; or, Fifth. Whenever it exercises afrancgise or pr1vilege not conferred upon it b law. . "R = 7 Sixth. %’Vhenever any such corporation or association of persons shall combine for the purpose of forming a trust or agreement to pre-