Page:United States Statutes at Large Volume 31.djvu/442

 390 _ FIFTY5SIX'I`H CONGRESS. Sess. ‘I. "CHJ 786. 1900. ' vent competition or to control the price, production o1·‘sale of any Acmnm me uw- goods,‘products, or merchandise. _ _ _ - n  . . - _ . ,,,,,,0,, »0, cme O, Sec. 340. An action may be maintained ID the name of the United, franchise Statesupon the information of the United States attorney or uponthe relation of a private party against the personoffending in the follow- IH cases:· s ‘ n §`irst. When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civi or - military, or any franchise within the district, or any office ina corporation, either public or private, created or formed by or under the authority of the district; or, Second. When anypub ic officer has done or suffered an act which, by the rovisions of law, makes a forfeiture of his office; or, . Thirdi When any association or number of persons act_ within the district as a corporation without being duly incorporated. wyiigrgs tqBnrgi<>¤¢¤1g¢ Sec. 341. The factions provided for in this chapter shall be comwhom Qraneexigircvi mericed and prosecuted- by the United States attorney: When the §$§‘1;°d€%"?c‘};p,§,‘§$ action is upon the relation of `a· private part 4, as allowed in section ¤¤- three hundred and-~ forty, the pleadings on behalfof the district shall be verified by such relator as if he were the plaintiff in the action, or ‘ otherwise asprovided in section seventy-one; in all other cases such pleading shal be ver1ed by the attorney in like manner, or otherwise as provided in such section. - When an action can only be commenced by leave as provided in section three hundred and thirty-nine, suchleave shall be raiited when it appears by aihdavit that the acts or omissions in 81151 section specified ave been done or suffered by such corporation. When an action is commenced on the`- infomation of a private person, as allowed in section three hundred and forty, having an interest in the question, such party, for all theepurposes of the agtilciri; aéid  the e{fecp_<é_f any judgment that may be given therein, _ · sa eeem aco ami. · ‘ ` “{)*;]Q;;>*g8*°S,$)°*;*g;€ Sec.  When directed by the governor, as prescribed in section mencing amen. three hundred and thirty-eight, it shall be the dut of the prosecuting attorney to commence the action therein providyed for accordingly. In all other actions provided for in this chapter it shall be his duty to commence, such action upon leave given where leave is required in every case of public interest,‘whenever he has reason to‘beheve that a cause of action eixists and can be iproven, and also for like reasons in every case of private interest on y IH which satisfactory security IS gvtento tgxedistricté {tp miemnify 1t against the costs and expenses a may e incurre ere y. N Wh°“*°1°“°""*gh‘ Sec. 343. Whenever an action is brou ht inst a rson for anv iigiiirgringheigiiieagg of the causes specified in subdivision onegof sgon thrgg hundred and °°“‘ forty, the·United States attorney, in addition to the statement of the cause af alction, may aliof i<iparatel§et fmilrth Hiin the fcomplaint the name o the erson ri t u entit to the office or ranc ise. wit a statement og the facgs constituting his right thereto. In such case, judgment may be given upon the right of the defendant, and also upon . the right of the person so allege to be entitled, or only upon the V _ right of the defendant as justice may require. , r g§,{,,, "}$,g“§§’$$,, YE Sec. 344. If judgment be given upon the right of the person so relawr what he may alle ed to be `entited, and the same be in favor of such person, he °°' shall be entitled to the possession andenjoyment of such franchise, or pp tal? ulponfhimself the e5;elcu1§on of guchdofficeh aftgr qualifyigg imse there or as·re uire — aw van to eman an receive e popsession (if alhothe bo(dks, papgrs, aud property of whatever nature V beonintere . ~ · * M ‘ mf,‘,$§‘},§§’,§ §§E,°§,,§§;$g  3§5.-If judgment b_e given upon the right and in favor of the f¤r damages- person. so alleged to be entitled, he may afterwards maintain an action to‘ recover the damageswhich he may have sustained by reason of the premises. In such action the defen ant may be arrested and held to