sections 382, 383, and 384, upon the plaintiff's filing such bond and warrant of attorney, and a statement signed and verified by himself, in the form prescribed by section 382. $425. The time for publication of legal notices shall be computed so as to exclude the first day of publication, and include the day on which the act or event, of which notice is given, is to happen, or which completes the full period required for publication. § 426. Printed copies of statutes, code or other written laws, and of the proclamations, edicts, decrees and ordinances, by the executive power of any state or territory or foreign government, when printed in books or publications purporting or proved to have been published by the authority thereof, or proved to be commonly admitted as evidence of the existing law, in the courts and judicial tribunals of such state, territory or government, shall be admitted by the courts and officers of this state, on all occasions, as presumptive evidence of such laws, proclamations, edicts, decrees and ordinances. The unwritten or common law of any other state or territory or foreign government, may be proved as facts by parol evidence, and the books of reports of cases adjudged in these courts, may also be admitted as presumptive evidence of such law. § 427. An action against a corporation, created by, or under the laws of any other state, government, or country, may be brought in the supreme court, the superior court of the city of New-York, or the court of common pleas for the city and county of New-York, in the following cases: 1. By a resident of this state, for any cause of action; 2. By a plaintiff not a resident of this state, when the cause of action shall have arisen, or the subject of the action shall be situated within this state. $428. The writ of scire facias, the writ of quo warranto, and proceedings by information in the nature of quo warranto, are abolished, and the remedies, heretofore obtainable in those forms, may be obtained by civil actions, under the provisions of this chapter. But any proceeding heretofore commenced, or judgment rendered, or right acquired, shall not be affected by such abolition. $429. An action may be brought by the attorneygeneral, in the name of the people of this state, whenever the legislature shali so direct, against a corporation, for the purpose of vacating or annulling the act of incorporation, or an act renewing its corporate existence, on the ground, that such act or renewal was procured, upon some fraudulent suggestion or concealment of a material fact, by the persons incorporated, or by some of them, or with their knowledge and consent. § 430. An action may be brought by the attorney general, in the name of the people of this state, on leave granted by the supreme court, or a judge thereof, for the purpose of vacating the charter or annulling the existence of a corporation, other than municipal, whenever such corporation shall, 1. Offend against any of the provisions of the act or acts creating, altering or renewing such corporation; or, 2. Violate the provisions of any law, by which such corporation shall have forfeited its charter, by abuse of its powers; or 3. Whenever it shall have forfeited its privileges or franchises, by failure to exercise its powers; or 4. Whenever it shall have done or omitted any act, which amounts to a surrender of its corporate rights, privileges, and franchises; or 5. Whenever it shall exercise a franchise or privilege, not conferred upon it by law. And it shall be the duty of the attorney general, when ever he shall have reason to believe, that any of these acts or omissions can be established by proof, to apply for leave, and upon leave granted, to bring the action in every case of public interest, and also in every other case in which satisfactory security shall be given, to indemnify the people of this state, against the costs and expenses to be incurred thereby. § 431. Leave to bring the action may be granted, upon the application of the attorney general; and the court or judge may, at discretion, direct notice of such application to be given to the corporation or its officers, previous to granting such leave, and may hear the corporation in opposition thereto. $432. An action may be brought by the attorney general in the name of the people of this state, upon his own information, or upon the complaint of any private party, against the parties offending in 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 a corporation created by the authority of this state; or 2. When any public officer, civil or military, shall have done or suffered an act which, by the provisions of law, shall make a forfeiture of his office; or 3. When any association, or number of persons, shall act within this state as a corporation, without being duly incorporated. $433. An action may be brought by the attorney general, in the name of the people of this state, for the purpose of vacating or annulling letters patent, granted by the people of this state, in the following cases: 1. When he shall have reason to believe 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, or with his consent or knowledge; or 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. § 434. When an action shall be brought by the attorney-general, by virtue of this chapter, on the relation or information of a person having an interest in the question, the name of such person shall be joined with the people as plaintiff, and in every such case the attorney-general may require, as a condition for bringing such action, that satisfactory security shall be given to indemnify the people of the state against the costs and expenses to be incurred thereby; and in every case where such security is given, the measure of the com pensation to be paid by such person or persons to the Attornev-general, shall be left to the agreement of the parties, express or implied. $435. Whenever such action shall be brought against a person for usurping an office, the attorney general, in addition to the statement of the cause of action, may also set forth in the complaint, the name of the person rightfully entitled to the office, with a statement of his right thereto, and in such case, upon 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 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. $436. Ir every such case, judgment shall be rendered upon the 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. $437. 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, he 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. |