Page:United States Statutes at Large Volume 77.djvu/634

 602

PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT.

CHAPTER 35—QUO WARRANTO 16-3501. Persons against whom Issued; civil action. 16-3502. Parties who may institute; ex rel. proceedings. 16-3503. Refusal of Attorney General or United States attorney to act; procedure. 16-3504. Allegations in petition of relator claiming oflSce. 16-3505. Notice to defendant. 16-3506. Proceedings on default. 16-3507. Pleading; jury trial. 16-3508. Verdict and Judgment. 16-3509. Usurping corporate franchise; Judgment. 16-3510. Proceedings against corporate directors and trustees; judgment and order; enforcement. 16-8611. Recovery of damages from usurper; limitation.

§ 16-^501. Persons against whom issued; civil action A quo warranto may be issued from the United States District Court for the District of Columbia in the name of the United States against— (1) a person who usurps, intrudes into, or unlawfully holds or exercises within the District a franchise or public office, civil or military, or an office in a domestic corporation; or (2) one or more persons who act as a corporation within the District without bein^ duly authorized, or exercise within the District corporate rights, privileges, or franchises not granted them by law in force in the District. The proceedings shall be deemed a civil action. §16-^502. Parties who may institute; ex rel. proceedings The Attorney General or the United States attorney may institute a proceeding pursuant to this chapter on his own motion, or on the relation of a third person. The writ may not be issued on the relation of a third person except by leave of the court, to be applied for by the relator, by a petition duly verified, setting forth the grounds of the application, or until the relator files a bond with sufficient surety, to be approved by the clerk of the court, in such penalty as the court prescribes, conditioned for the payment by him of all costs incurred in the prosecution of the writ if costs are not recovered from and paid by the defendant. § 16-3503. Refusal of Attorney General or United States a t to r n e y to a c t; procedure If the Attorney General or United States attorney refuses to institute a quo warranto proceeding on the request of a person interested, the interested person may apply to the court by certified petition for leave to have the writ issued. Wlien, in the opinion of the court, the reasons set forth in the petition are sufficient in law, the writ shall be allowed to be issued by any attorney, in the name of the United States, on the relation of the interested person, on his compliance with the condition prescribed by section 16-3502 as to security for costs. § 16-3504. Allegations in petition of relator claiming office When a quo warranto proceeding is against a person for usurping an office, on the relation of a person claiming the same office, the relator shall set forth in his petition flie facts upon which he claims to be entitled to the office. § 16-3505. Notice to defendant On the issuing of a writ of quo warranto the court may fix a time within which the defendant may appear and answer the writ. When the defendant can not be found in the District, the court may direct notice to be given to him by publication as in other cases of proceedings

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