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claiming to be a corporation, the Court may cause the costs therein to be collected, by execution against the persons claiming to be a corporation, or by attachment against the Directors or other officers of any such corporation.

having equity

(5315.) SEC. 25. Whenever any such judgment shall be Powers of Courts rendered, any Court having equity jurisdiction shall have the jurisdiction. same powers to restrain the corporation against which it is rendered; to appoint a Receiver of its property and effects; and to take an account and make distribution thereof among its creditors, as in case of the voluntary dissolution of a corporation; and it shall be the duty of the Attorney General, immediately after the rendering of any such judgment, to institute proceedings for that purpose in said Court.

ment to be filed,

etc.

(5316.) SEC. 26. Whenever any such judgment shall be Record of judg rendered against a corporation, a copy of the record of such judgment shall be forthwith filed in the office of the Secretary of State; and such Secretary shall forthwith cause notice of the substance and effect of such recovery to be published for four successive weeks in some newspaper printed at the Seat of Government, and in a newspaper printed in the county where the principal office or place of business of such corporation shall be, if a newspaper be there printed.

forfeited prop

(5317.) SEC. 27. Whenever, by the provisions of law, any Informations for property, real or personal, shall be forfeited to the People oferty. this State, or to any officers, for their use, an information for the recovery of such property, alleging the grounds of such forfeiture, may be filed by the Attorney General in the Circuit Court; upon which the like proceedings and judgment shall be had, if the information be to recover personal property, as in actions of trover, and if to recover real property, as in actions of ejectment.

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R. S. of N. Y.,
Art. 3, Title 2,
Chap. 9, Part 3.
Return to first
Writ of Manda-

mus.

Chapter One Hundred and Thirty-Seven of Revised Statutes of 1846.

(5318.) SECTION 1. Whenever any writ of mandamus shall be issued out of the Supreme Court of this State, the person, 475. body or tribunal, to whom the same shall be directed and

2 Mich. Rep., 187. 3 do.

Pleadings and proceedings.

Trial of issues of fact.

Damages, etc.

delivered, shall make return to the first writ of mandamus; and for a neglect so to do, shall be proceeded against as for a contempt.

(5319.) SEC. 2. Whenever a return shall be made to any such writ, the person prosecuting the same may demur or plead to all or any of the material facts contained in the said return, and the like proceedings shall be had thereon for the determination thereof, as might have been had if the person prosecuting such writ had brought his action on the case for a false return.

(5320.) SEC. 3. Issues of fact joined in any such proceeding, shall be tried in the county within which the material facts contained in the mandamus shall be alleged to have taken place.

(5321.) SEC. 4. In case a verdict shall be found for the person suing such writ, or if judgment be given for him upon demurrer, or by default, he shall recover damages and costs,

in like manner as he might have done in such action on the case as aforesaid; and a peremptory mandamus shall be granted to him without delay.

another action.

(5322.) SEC. 5. A recovery of damages by virtue of this Recovery to bar chapter, against any party who shall have made a return to a writ of mandamus, shall be a bar to any other action against

the same party for the making of such return.

(5323.) SEC. 6. The Supreme Court, or any Justice thereof, Time for return. shall have the same power to enlarge the time for making a return, and pleading thereto, as in personal actions.

pose fine in cer

(5324.) SEC. 7. Whenever a peremptory mandamus shall be Court may im directed to any public officer, body or board, commanding tain cases. them to perform any public duty, specially enjoined upon them by any provisions of law, if it shall appear to the Court that such officer, or any member of such body or board, has, without just excuse, refused or neglected to perform the duty so enjoined, the Court may impose a fine not exceeding two hundred and fifty dollars, upon every such officer, or member of such body or board, which fine, when collected, shall be paid to the State Treasurer, and be by him distributed and paid to the several County Treasurers, in the manner and for the purpose specified in the twenty-second section of the last preceding chapter.

to bar action for

(5325.) SEC. 8. The payment of such fine shall be a bar to Payment of fine any action for any penalty incurred by such officer, or member penalty. of such body or board, by reason of his refusal or neglect to perform the duty so enjoined.

tion.

(5326.) SEC. 9. Writs of prohibition shall only be issued Writs of prohibiout of the Supreme Court; and such writs shall be applied for upon affidavits, by motion, in the same manner as writs of mandamus; and if the cause shown shall appear to the Court to be sufficient, a writ shall be thereupon issued, which shall command the Court and party to whom it shall be directed, to desist and refrain from any further proceedings in the suit or matter specified therein, until the next term of the said Supreme Court, and the further order of such Court thereon; and then to show cause why they should not be absolutely restrained from any further proceedings in such suit or

matter.

turn.

(5327.) SEC 10. Such writ shall be served upon the Court service and reand party to whom it shall be directed, in the same manner as a writ of mandamus; and a return shall in like manner be

Proceedings when party

made thereto by such Court, which may be enforced by attachment.

(5328.) SEC. 11. If the party to whom such writ of prohi adopts return. bition shall have been directed, shall, by an instrument in writing, to be signed by him, and annexed to such return, adopt the same return, and rely upon the matters therein contained, as sufficient cause why such Court should not be restrained as mentioned in the said writ, such party shall thenceforth be deemed the defendant in such matter, and the person prosecuting such writ may take issue or demur to the matters so relied upon by such defendant; and the like proceedings shall be had for the trial of issues of law or fact joined between the parties, and for the rendering of judgment thereupon, as in personal actions.

Proceedings if return not adopted.

Judgment if return not adopted.

Judgment if return adopted.

(5329.) SEC. 12. If the party to whom such writ of prohi bition shall be directed, shall not adopt such return as above provided, the party prosecuting such writ shall bring on the argument of such return as upon a rule to show cause; and he may, by his own affidavit, and other proofs, controvert the matters set forth in such return.

(5330.) SEC. 13. The Court, after hearing the proofs and allegations of the parties, shall render judgment, either that a prohibition absolute, restraining the said Court and party from proceeding in such suit or matter, do issue, or a writ of consultation, authorizing the Court and party to proceed in the suit or matter in question.

(5331.) SEC. 14. If the party to whom such first writ of prohibition shall be directed, shall adopt the return of the Court thereto as above provided, and judgment shall be rendered for the party prosecuting such writ, a prohibition absolute shall be issued; but if judgment be given against such party, a writ of consultation shall be issued as above provided.

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may issue of 9 Wend., 34.

ceedings, unless

(5332.) SECTION 1. Writs of error in civil and criminal cases, Writs of Error upon any final judgment or determination, may issue of course, course. out of the Supreme Court, in vacation as well as in term, and shall be returnable to the same Court. (5333.) SEC. 2. No writ of error shall operate to stay or Not to stay prosupersede the execution in any civil action, unless the plaintiff Bond given. in error, with two sufficient sureties, or three sufficient sureties without the plaintiff in error, shall give bond to the defendant in error, with condition that the plaintiff in error shall prosecute his writ to effect, and shall pay and satisfy such judgment as shall be rendered against him thereon.

1 Mass., 156.

sureties, by

(5334.) SEC. 3. The sufficiency of the sureties, and the sum sufficiency of for which the bond shall be given, shall be determined in each whom determin case, by any Justice of the Supreme Court, or Circuit Court Commissioner; but the penalty of such bond shall not be less

ed, etc.

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