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A. D. 1870.

SEC. 448. An action may be brought by the Attorney-General, in the name of the State, for the purpose of vacating or annulling letters patent how to granted by the people of this State, in the following cases:

Action, when and

be brought to vacate letters

1. When he shall have reason to believe that such letters patent were patent. 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, or with his consent or knowledge; or,

Relator, when as plaintiff.

2. When he shall have reason to believe that such letters patent were issued through mistake, or in ignorance of a material fact; or,

3. When he shall have reason to believe that the patentee, or those claiming under him, have done or omitted an act, in violation of the terms and conditions on which the letters patent were granted, or have by any other means forfeited the interest acquired under the same.

SEC. 449. When an action shall be brought by the Attorney-General, to be joined by virtue of this chapter, on the complaint of any private party, or by a person having an interest in the question, the name of such person shall be joined with the State as plaintiff, and in every such case the AttorneyGeneral or Circuit Judge, as the case may be, may require, as a condition precedent to bringing such action, that satisfactory security shall be given to indemnify the State against the costs and expenses to be incurred thereby; and in every case brought by the Attorney-General where such security is given, the measure of compensation to be paid by such person or persons to the Attorney-General shall be left to the agreement, express or implied, of the parties.

Complaint

defendant in

SEC. 450. When such an action shall be brought against a person for and arrest of usurping an office, the Attorney-General, or private party bringing the an action for same, in addition to the statement of the cause of action, may also set usurping an forth in the complaint the name of the person rightfully entitled to the office. office, with a statement of his right thereto; and in such case, upon

Judgment in

proof by affidavit that the defendant has received fees or emoluments belonging to the office, and by means of his usurpation thereof, an order may be granted by a Judge of the Circuit or Justice of the Supreme Court for the arrest of such defendant, and holding him to bail; and thereupon he shall be arrested and held to bail, in the manner, and with the same effect, and subject to the same rights and liabilities, as in other civil actions where the defendant is subject to arrest.

SEC. 451. In every such case, judgment shall be rendered upon the such actions. right of the defendant, and also upon the right of the party so alleged to be entitled, or only upon the right of the defendant, as justice shall require.

Proceedings against defen

SEC. 452. If the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, be shall be entitled, after taking the oath of office, and executing such official bond as may be required by law, to take upon himself the execution of the office; and it shall be his duty, immediately thereafter, to demand of the defendant in the action all the books and papers in his custody, or within his power, belonging to the office from which he shall have been excluded.

SEC. 453. If the defendant shall refuse or neglect to deliver over such dant, or refu- books or papers, pursuant to the demand, he shall be guilty of a missal to deliver demeanor, and the following proceedings shall be had, to compel delivery of such books and papers:

books or pa

pers.

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1. Whenever any person shall be removed from office, or the term for which he shall have been elected or appointed shall expire, he shall, on demand, deliver over to his successor all the books and papers in his custody, as such officer, or in any way appertaining to his office. Every person violating this provision shall be deemed guilty of a misde

meanor.

2. If any person shall refuse or neglect to deliver over to his successor any books or papers, as required in the preceding Section, such successor may make complaint thereof to any Judge of the Circuit Court, or Justice of the Supreme Court, where the person so refusing shall reside, and if such officer be satisfied by the oath of the complainant, and such other testimony as shall be offered, that any such books or papers are withheld, he shall grant an order directing the person so refusing to show cause before him, within some short, reasonable time, why he should not be compelled to deliver the same.

3. At the time so appointed, or at any other time to which the matter may be adjourned, upon due proof being made of the service of the said order, such officer shall proceed to inquire into the circumstances. If the person charged with withholding such books or papers shall make affidavit before such officer that he has truly delivered over to his successor all such books and papers in his custody, or appertaining to his office, within his knowledge, all further proceedings before such officer shall cease, and the person complained against shall be discharged.

4. If the person complained against shall not make such oath, and it shall appear that any such books or papers are withheld, the officer before whom such proceeding shall be had shall, by warrant, commit the person so withholding to the jail of the County, there to remain until he shall deliver such books and papers, or be otherwise discharged according to law.

5. In the case stated in the last Section, if required by the complainant, such officer shall also issue his warrant, directed to any Sheriff or Constable, commanding them in the day time to search such places as shall be designated in such warrant for such books and papers as belonged to the officer so removed, or whose term of office expired, in his official capacity, and which appertained to such office, and seize and bring them before the officer issuing the warrant.

6. Upon any books and papers being brought before such officer, by virtue of such warrant, he shall inquire and examine whether the same appertained to the office from which the person so refusing to deliver was removed, or of which the term expired, and he shall cause the same to be delivered to the complainant.

7. If any person appointed or elected to any office shall die, or his office shall in any way become vacant, and any books or papers belonging or appertaining to such office shall come to the hands of any person, the successor to such office may, in like manner as hereinbefore prescribed, demand such books or papers from the person having the same in his possession; and on the same being withheld, an order may be obtained, and the person charged may, in like manner, make oath of the delivery of all such books and papers that ever came to his possession; and in case of omission to make such oath, and to deliver up the books and papers so demanded, such person may be committed to jail, and a search warrant may be issued, and the property seized by virtue

A. D. 1870.

A. D. 1870.

Damageshow recovered.

thereof may be delivered to the complainant, as herein before prescribed.

SEC. 454. If judgment be rendered, upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages which he shall have sustained by reason of the usurpation by the defendant of the office from which such defendant has been excluded.

One action SEC. 455. Where several persons claim to be entitled to the same office against sev or franchise, one action may be brought against all such persons, in order claiming of- to try their respective rights to such office or franchise.

eral persons

chise.

usurping of

chise, how to

fice or fran- SEC. 456. When a defendant, whether a natural person or a corporation, Penalty for against whom such action shall have been brought, shall be adjudged fice or fran- guilty of usurping or intruding into, or unlawfully holding or exercising be awarded. any office, franchise, or privilege, judgment shall be rendered that such defendant be excluded from such office, franchise, or privilege, and also that the plaintiff recover costs against such defendant. The Court may also, in its discretion, fine such defendant a sum not exceeding two thousand dollars, which fine, when collected, shall be paid into the Treasury of the State.

of forfeiture

SEC. 457. If it shall be adjudged that a corporation against which an Judgment action shall have been brought pursuant to this chapter, has, by neglect, against a cor- abuse or surrender, forfeited its corporate rights, privileges and franchises, poration. judgment shall be rendered that the corporation be excluded from such corporate rights, privileges and franchises, and that the corporation be dissolved.

Costs against

or

SEC. 458. If judgment be rendered in such action against a corporation, a corporation or against persons claiming to be a corporation, the Court may cause the persons costs therein to be collected by execution against the persons claiming to such. How to be a corporation, or by attachment or process against the directors or other officers of such corporation.

claiming to be

be collected.

Restraining SEC. 459. When such judgment shall be rendered against a corporation, a corporation the Court shall have power to restrain the corporation, to appoint a reand appointment of recei- ceiver of its property, and to take an account, and make distribution thereof among its creditors; and it shall be the duty of the Attorney-General, immediately after the rendition of such judgment, to institute proceedings for that purpose.

ver.

Copy of judg ment-roll a

SEC. 460. Upon the rendition of such judgment against a corporation, or for the vacating or annulling of letters patent, it shall be the duty of ration, where the Attorney-General to cause a copy of the judgment-roll to be forthto be filed. with filed in the office of the Secretary of State.

gainst corpo

Entry of judg

tent.

SEC. 461. Such Secretary shall thereupon, if the record relates to letment relating ters patent, make an entry in the records of the office of the Secretary of to letters pa- State, of the substance and effect of such judgment, and of the time when the record thereof was docketed; and the real property granted by such letters patent may thereafter be disposed of in the same manner as if such letters patent had never been issued.

Actions for

SEC. 462. Whenever, by the provision of law, any property, real or forfeiture of personal, shall be forfeited to the State, or to any officer for their use, property to an action for the recovery of such property, alleging the grounds of the forfeiture, may be brought by the proper officer in the Circuit Court.

the State.

TITLE XIV.

PROVISIONS RELATING TO EXISTING SUITS.

SEC. 463. Writ of error in all cases abolished. Appeal substituted. 464. Execution, when issuable on a judgment docketed before July 1st, 1870.

ever.

465. Application of this Act to actions pending. Extraordinary

terms.

A. D. 1870.

Writs of er

ror in all cases abolished.

stituted.

SEC. 463. No writ of error shall be hereafter issued in any case whatWherever a right now exists to have a review of a judgment rendered, or order or decree made, before the first day of January, 1871, Appeal subsuch review can only be had upon an appeal taken in the manner provided by this Act; but all appeals or writs of error heretofore taken from such judgments, orders or decrees, which are still pending in an Appellate Court, and not dismissed, shall be valid and effectual. But this Section shall not extend the right of review to any case or question to which it does not now extend, nor the time for appealing.

when issuable

docketed Ju

ly, 1870.

SEC. 464. An execution may be issued, without leave of the Court, Executionupon a judgment docketed before the first day of July, 1870, or now or on a judgment hereafter to be rendered in an action pending on that day, at any time within five years after the rendering of the judgment. SEC. 465. The provisions of this Act apply to future proceedings in actions or suits heretofore commenced and now pending as follows: 1. If there have been no pleading therein, to the pleadings and all ing. subsequent proceedings.

2. When there is an issue of law or of fact, or any other question of fact to be tried, to the trial and all subsequent proceedings.

Application of this Act to actions pend

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Definition of

SEC. 466. The words "real property," and "real estate," as used in "real properthis Act, are co-extensive with lands, tenements, and hereditaments.

ty."

A. D. 1870.

Definition of personal property.

Definition of

"property."

"Clerk."

SEC. 467. The words "personal property," as used in this Act, include money, goods, chattels, things in action, and evidences of debt.

SEC. 468. The word "property," as used in this Act, includes property, real and personal.

SEC. 469. The word "Clerk," as used in this Act, signifies the Clerk Definition of of the Court where the action is pending, and, in the Supreme Court, the Clerk of the County mentioned in the title of the complaint, or in another County to which the Court may have changed the place of trial, unless otherwise specified.

Rules of construction.

All statuto

with this Act

SEC. 470. The rule of common law, that statutes in derogation of that law are to be strictly construed, has no application to this Act.

SEC. 471. All statutory provisions inconsistent with this Act are rery provisions pealed; but this repeal shall not revive a statute or law which may have inconsistent been repealed or abolished by the provisions hereby repealed. And all repealed. rights of action given or secured by existing laws may be prosecuted in the manner provided by this Act. If a case shall arise in which an action for the enforcement or protection of a right, or the redress or prevention of a wrong, cannot be had under this Act, the practice heretofore in use may be adopted so far as may be necessary to prevent a failure of justice.

All present

tice inconsis

SEC. 472. The present rules and practice of the Courts in civil actions, rules & prac inconsistent with this Act, are abrogated; but when consistent with this tent with this Act, they shall continue in force, subject to the power of the respective Courts to relax, modify or alter the same.

Act abrogated.

and Judges to

SEC. 473. The Justices of the Supreme Court and the Judges of the The Justices Circuit Courts shall meet in general session on the first Tuesday in Nomeet & make vember, 1870, at the capital in Columbia, and in every two years theregeneral rules. after. A majority of said Justices and Judges shall constitute a quorum.

Justices of

At such session they shall revise the general rules of the Circuit Court, make amendments thereto, and such further rules, not inconsistent with this Code, as may be necessary to carry it fully into effect.

SEC. 474. The Justices of the Supreme Court shall from time to time the Supreme make such rules for the orderly conduct of business in said Court, as they may deem proper, not inconsistent with this Act.

Court to make rules.

SEC. 475. Until the Legislature shall otherwise provide, the second part of this Act shall not affect proceedings by mandamus or prohibition. Approved March 1, 1870.

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