Page:United States Statutes at Large Volume 77.djvu/635

 77 STAT. ]

PUBLIC LAW 88-241-DEC. 23, 1963

against nonresident defendants, and upon proof of publication, if the defendant does not appear, judgment may be rendered as if he had been personally served. § 16-3506. Proceedings on default If the defendant does not appear as required by a writ of quo warranto, after being personally served, the court may proceed to hear proof in support of the writ, and render judgment accordingly. § 16-3507. Pleading; jury trial In a quo warranto proceeding, 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. Issues of fact shall be tried by a jury if either party requests it. Otherwise they shall be determined by the court. § 16-3508. Verdict and judgment Where a defendant in a quo warranto proceeding is found by the jury to 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 in question, and judgment shall be rendered that he be ousted and excluded therefrom and that the relator recover his costs. §16-^509. Usurping corporate franchise; judgment Where a quo warranto 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 continuance of the acts complained of. § 16-3510. Proceedings against corporate directors and trustees; judgment and order; enforcement Where a quo warranto proceeding is against a director or trustee of a corporation and the court finds that at his election either illegal votes were received or legal votes rejected, or both, sufficient to change the result if the error is corrected, the court may render judgment that the defendant be ousted, and that the relator, if entitled to be declared elected, be admitted to the office, and the court may issue an order to the proper parties, being officers or members of the corporation, to admit him to the office. The judgment may require the defendant to deliver to the relator all books, papers, and other things in his custody or control pertaining to the office, and obedience to judgment may be enforced by attachment. §16-3511. Recovery of damages from usurper; limitation At any time within a year after a judgment in a quo warranto proceeding, the relator may bring an action against the party ousted and recover the damages sustained by the relator by reason of the ousted party's usurpation of the office to which the relator was entitled. CHAPTER 37—REPLEVIN Sec. lft-S701. 16-3702. 16-3703. 16-3704. 16-3705. 16-3706. 16-3707. 16-3708. 16-3709. lft-3710. 16-3711. 1&-3712. 1&-3713.

SUBCHAPTER I—GENERAL PROVISIONS Demand prior to action; costs. Form of complaint. Affidavit; contents. Undertaking to abide Judgment of the court. Failure of officer to obtain possession; procedure. Publication against defendant. Default. Motion for return of property; procedure; objection to sufficiency of security. Notice to officer of Intention to move for return; duty of officer; time of motion. Determination and measure of plaintiff's damages. Judgment for defendant and determination of damages. Verdict where goods are eloigned. Judgment where goods are eloigned.

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