$438. If the defendant shall refuse or neglect to deliver over such books or papers, pursuant to the demand, he shall be deemed guilty of a misdemeanor, and the same proceedings shall be had, and with the same effect, to compel delivery of such books and papers, as are prescribed in article 5, title 6, chapter 6, of the first part of the revised statutes.

$439. 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.

$440. Where several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons, in order to try their respective rights to such office or franchise.

§ 441. When a defendant, whether a natural person or a corporation, against whom such action shall have been brought, shall be adjudged guilty of usurping or intruding into, or unlawfully holding or exercising 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.

8442. If it shall be adjudged, that a corporation, against which an action shall have been brought, pursuant to this

chapter, has by neglect, abuse, or surrender, forfeited its corporate rights, privileges and franchises, judgment shall be rendered, that the corporation be excluded from such corporate rights, privileges and franchises, and that the corporation be dissolved.

$443. If judgment be rendered in such action, against a corporation or against persons 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 or process against the directors or other officers of such corporation.

$444. When such judgment shall be rendered against a corporation, the court shall have the same power to restrain the corporation, to appoint a receiver of its property, and to take an account, and make distribution thereof among its creditors, as are given in article 3, title 4, chapter 8, of the third part of the revised statutes; and it shall be the duty of the attorney-general, immediately after the rendition of such judgment, to institute proceedings for that purpose.

$445. Upon the rendition of such judgment against a corporation, or for the vacating or annulling of letters patent, it shall be the duty of the attorney-general, to cause a copy of the judgment roll to be forthwith filed in the office of the secrerary of state.

$446. Such secretary shall thereupon, if the record relates to letters patent, make an entry in the records of the commissioners of the land office, 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 by such commissioners, in the same manner as if such letters patent had never been issued.

§ 447. Whenever by the provisions of law, any property, real or personal, shall be forfeited to the people of this state, or to any officer for their use, an action for the recovery of such property, alleging the grounds of the forfeiture, may be brought by the proper officer, in the supreme court.

§ 448. The provisions of the revised statutes relating to the partition of lands, tenements and hereditaments, held or possessed by joint tenants or tenants in common shall apply to actions for such partition brought under this act, so far as the same can be so applied to the substance and subject matter of the action, without regard to its form.

$449. Proceedings to compel the determination of claims to real property, pursuant to the provisions of the revised statutes, may be prosecuted by action under this act, without regard to the forms of the proceedings as they are prescribed by those statutes.

$450. The action of waste is abolished, but any proceeding heretofore commenced, or judgment rendered, or right acquired, shall not be affected thereby. Wrongs heretofore remediable by action of waste, are subjects of action as other wrongs, in which action there may be judgment for damages, forfeiture of the estate of the party offending, and eviction from the premises.

§ 451. The provisions of the revised statutes relating

to the action of waste shall apply to an action for waste brought under this act, without regard to the form of the action, so far as the same can be so applied.

$452. Judgment of forfeiture and eviction shall only be given, in favor of the person entitled to the reversion, against the tenant in possession, when the injury to the estate in reversion shall be adjudged in the action to be equal to the value of the tenant's estate, or unexpired term, or to have been done in malice.

$453. The writ of nuisance is abolished; but any proceeding heretofore commenced, or any judgment rendered, or right acquired, shall not be affected thereby.

$454. Injuries heretofore remediable by writ of nuisance, are subjects of action, as other injuries, and in such action there may be judgment for damages, or for the removal of the nuisance, or both.

$455. The general provisions of the revised statutes relating to actions concerning real property, shall apply to actions brought under this act, according to the subject matter of the action, and without regard to its form.

§ 456. The appeal, mentioned in section 9, of the act to facilitate the determination of existing suits in the courts of this state, may also be taken, from an order, made at a special term, on a summary application in an action after judgment, when such order involves the merits of the application, or some part thereof.

§ 457. No writ of error shall be hereafter issued, in

any case whatever. Wherever a right now exists to have a review of a judgment rendered, or order or decree made before the first day of July, 1848, such review can only be had upon an appeal taken in the manner provided by this act, and all appeals heretofore taken from such judgments, orders, or decrees under the provisions of the code of procedure, 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, nor shall it apply to a case where a writ of error has been already issued.

$458. An execution may be issued without leave of the court upon a judgment docketed before the first day of July, 1848, or now or hereafter to be rendered in an action pending on that day, at any time within five years after the rendering of the judgment.

$459. 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 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 al subsequent proceedings;

3. After a judgment or order, to the proceedings to enforce, vacate, modify or reverse it, including the costs of an appeal. Whenever the judges of the supreme court in any district find that the court, at any term or circuit, has not been, or will not be able to dispose of all the cases upon the calendar, they may re