Page:United States Statutes at Large Volume 84 Part 1.djvu/620

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PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

" SUBCHAPTER I.—ACTIONS A G A I N S T OFFICERS O F THE UNITED STATES "§ 16-3501. 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 a person who within the District of Columbia usurps, intrudes into, or unlawfully holds or exercises, a franchise conferred by the United States or a public office of the United States, civil or military. The proceedings shall be deemed a civil action. "§ 16-3502. Parties who may institute; ex rel. proceedings "The Attorney General of the United States or the United States attorney may institute a proceeding pursuant to this subchapter 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 excep; 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 prescrilbes, conditioned on 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 attorney to act; 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. When, 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. " SUBCHAPTER II.—ACTIONS A G A I N S T OFFICERS OR CORPORATIONS OF THE DISTRICT OF COLUMBIA "§ 16-3521. Persons against whom issued; civil action "A quo warranto may be issued from the Superior Court of the District of Columbia in the name of the District of Columbia against— "(1) a person who within the District of Columbia usurps, intrudes into, or unlawfully holds or exercises, a franchise conferred by the District of Columbia, a public office of the District of Columbia, civil or military, or an office in a domestic corporation; or "(2) one or more persons who act as a corporation within the District of Columbia without being duly authorized, or exercise within the District of Columbia corporate rights, privileges, or franchises not granted them by law in force in the District of Columbia. The proceedings shall be deemed a civil action. "§ 16-3522. Parties who may institute; ex rel. proceedings "The United States attorney or the Corporation Counsel may institute a proceeding pursuant to this subchapter 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

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