application of either party thereto, to make an order for the continuance of such suit or proceeding, and the same may thereafter be continued until a final judgment or decree shall be had therein.

of Writs of Scire Facias.

[Chapter One Hundred and Thirty-Five of Revised Statutes of 1846.]

SECTION 1. A writ of scire facias may be issued out of the Supreme Court, in behalf of the People of this State, upon the relation of the Attorney General, or of any private person, for the purpose of vacating and annulling any letters patent granted by the People of this State, in the following cases:

1. When it shall be alleged that such letters patent were obtained by means of some fraudulent suggestion, or concealment of a material fact, made by the person to whom the same were issued, or made with his consent or knowledge;

2. When it shall be alleged that such letters patent were issued through mistake, and in ignorance of some material fact;

3. When the patentee, or those lawfully claiming under him, shall have done or omitted any act, in violation of the terms and conditions upon which such letters patent were granted; or shall, by any other means, have forfeited the interest acquired under the same.

SEC. 2. A writ of scire facias may also be issued out the Supreme Court, upon the relation of the Attorney General, against any corporation created or renewed by any act of the Legislature, for the purpose of vacating and annulling such act, on the ground that the same

was passed upon some fraudulent suggestion, or concealment of a material fact, made by the persons incorporated by such act, or made with their consent or knowledge, but no such writ shall be issued under the provisions of this section, except when the Legislation shall specially direct the Attorney General to prosecute the

same.

SEC. 3. In every writ of scire facias issued under either of the two preceding sections, the particlar matters and circumstances upon which the same is founded, shall be set forth with such convenient certainty, that the defendants may be fully apprized of the general nature thereof.

SEC 4. If the matters duly alleged in such writ, shall be found for the People, or the defendants shall make default, judgment shall be rendered, that the letters patent, or act of incorporation, specified in the writ, as the case may be, be vacted and annulled.

SEC. 5. Writs of scire facias may be issued in all other cases where the same are or shall be allowed by any law of this State, and the provisions of this chapter shall apply to such writs, so far as the same may be applicable.

SEC. 6. Writs of scire facias may be issued, tested and returned, at the same time, and in the same manner as original writs in personal actions, and, except when otherwise specially provided, it shall not be necessary to have any particular number of days between the test and return day thereof.

SEC. 7. It shall be the duty of the sheriff or other officer to whom any such writ of scire facias may be directed, to endeavor to serve the same, notwithstanding any directions he may receive to the contrary, from the plaintiff therein, or his attorney.

SEC. 8. Every such writ shall be served by delivering a copy thereof, certified by the officer serving the same, to the party required to be summoned; or by leaving the

same at his dwelling house, with some person of proper age; and if such writ be issued against a corporation, it shall be served in the same manner as prescribed for the service of an original summons upon a corporation.

SEC. 9. In all cases where the writ shall be returned duly served, the appearance of the persons or corporations so summoned, shall be entered by the clerk as in other cases; and the plaintiff shall be entitled, on the filing of such writ, so returned, to enter a rule requiring the defendant to plead to such writ, within twenty days after service of notice thereof, notice of which rule shall be served in the same manner, and with like effect, as in personal actions.

SEC. 10. If the sheriff return that any person who was the original defendant in a judgment, and was required to be summoned by such writ, cannot be found, and has no dwelling house within his county, the court shall, after the filing of the scire facias, direct a rule to be entered, requiring the defendant to appear and plead to such scire facias, within twenty days after the last publication of such rule, as hereinafter provided.

SEC. 11. A copy of such rule, certified by the clerk of the court, shall be published for four weeks successively in such paper as the court may direct.

SEC. 12. If such defendant shall not appear and plead to such scire facias within the time limited by the rule, the plaintiff shall be entitled, upon filing an affidavit of the due publication of said rule, to enter the default of the defendant, and judgement shall be rendered upon such default, in like manner as if the writ had been returned served.

SEC. 13. No declaration shall be required to be filed upon the scire facias; but when executors or administrators are plaintiffs in any such writ, they shall make profert of their letters testamentary or of administration in the scire facias, in the same manner as in a declara

tion; and the defendant shall plead to such writ, in the same manner as to a declaration.

SEC. 14. No proceeding shall be had on any writ of scire facias, unless the same shall have been served, or notice thereof published, as herein before provided; and no proceeding shall be had against any bail prosecuted by scire facias, unless such writ shall have been personally served.

SEC. 15. Whenever judgment shall be rendered against the defendant, upon any scire facias brought to vacate letters patent, or to vacate any act of incorporation, a copy of the record of such judgment shall be forthwith filed in the office of the Secretary of State.

SEC. 16. If the record relate to letters patent, the Secretary shall forthwith transmit to the Commissioner of the Land Office, a statement of the substance and effect of such recovery, and of the time when the judgment was rendered; and the lands and tenements granted by such letters patent, may thereafter be disposed of by such Commissioner, in the same manner as if such letters patent had never been issued.

SEC. 17. If the record relate to an act of incorporation, the Secretary of State shall forthwith cause notice of the substance and effect of such recovery to be published for four successive weeks in some newspaper published at the Capital, and the like time in a newspaper printed in the county where the principal office or place of business of the company created by such act shall be, if one be there published.

SEC. 18. Whenever any judgment shall be rendered for the vacating and annulling of any act of incorporation, pursuant to the provisions of this chapter, any court having equity jurisdiction shall have the same powers to restrain the corporation created by such act, to appoint a Receiver of its property and effects, and to take an account and make distribution thereof among its cred

itors, as in cases of the voluntary dissolution of corporations; and it shall be the duty of the Attorney General, immediately after the rendering of any judgment vacating and annulling any such act of incorporation, to institute proceedings for that purpose in said Court.

Informations.

Of informations in the nature of a quo warranto, and in certain other cases.

[Chapter 136 of Revised Statutes of 1846.]

SECTION 1. An information in the nature of a quo warranto may be filed in the Supreme Court, either in term time or vacation, by the Attorney General, against individuals, upon his own, or upon the relation of any private party, and without applying to such Court for leave, in either of the following cases:

1. When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchise, within this State; or any office in any corporation created by the authority of this State;

2. Whenever any public officer, civil or military, shall have done or suffered any act which, by the provisions of law, shall work a forfeiture of his office;

3. When any association or number of persons shall act as a corporation within this State, without being legally incorporated.

SEC. 2. Whenever any such information shall be filed, a summons shall be issued thereon, which shall be served and returned in like manner as in personal actions; and whenever the same shall be returned served, the clerk shall enter the defendant's appearance.

SEC. 3. Whenever any such information shall be filed against any person for usurping any office, the Attorney