CHAPTER XII. DUTIES OF SHERIFFS AND CORONERS. Duty of Sher- SEC. 434. Whenever, pursuant to this Code, the Sheriff may be iff and Coroner in serving or required to serve or execute any summons, order or judgment, or executing process, and how to do any other act, he shall be bound to do so in like manner as enforced. upon process issued to him, and shall be equally liable in all respects for neglect of duty; and if the Sheriff be a party, the Coroner shall be bound to perform the service, as he is now bound to execute process where the Sheriff is a party; and all the provisions of this Code of Procedure relating to Sheriffs, shall apply to Coroners where the Sheriff is a party. CHAPTER XIII. Guardian not ACCOUNTABILITY OF GUARDIANS. SEC. 435. No guardian appointed for an infant shall be permitted perty until se- to receive property of the infant until he shall have given sufficient to receive pro curity given. security, approved by a Probate Judge, to account for and apply the same under the direction of the Court. CHAPTER XIV. POWERS OF REFEREES. ferees. Power of Re- SEC. 436. Every referee appointed pursuant to this Code of Procedure, shall have power to administer oaths in any proceedings before him, and shall have generally the powers now vested in a referee by law. Section 436 repealed by Act of Assembly, 17 Stat., 302, as to the Counties of Charleston, Richland, Orangeburg, Oconee, Sumter, Newberry, Kershaw, Greenville, Marion, Laurens and Anderson. (See Section 394 of Code.) CHAPTER XV. MISCELLANEOUS PROVISIONS. SEC. 437. Papers lost or withheld, how supplied. 438. Where undertakings to be filed. 439. Judgment on bond and warrant of attorney, executed 440. Time for publication of notices, how computed. SEC. 437. If an original pleading or paper be lost or withheld by Papers lost or withheld, how any person, the Court may authorize a copy thereof to be filed and supplied.' used instead of the original. takings to be SEC. 438. The various undertakings required to be given by this Where underCode of Procedure must be filed by the Clerk of the Court, unless filed. the Court expressly provides for a different disposition thereof, except that the undertakings provided for by the chapter on the claim and delivery of personal property, shall, after the justification of the sureties, be delivered by the Sheriffs to the parties respectively for whose benefit they are taken. Judgment on bond and war executed before SEC. 439. Upon any bond and warrant of attorney, executed and delivered before the first day of January, 1870, judgment may be rant of attorney entered in the manner provided by Sections three hundred and January 1, 1870. ninety-nine, four hundred, four hundred and one, upon the plaintiff's filing such bond and warrant of attorney, and the statement, signed and verified by himself, in the form prescribed by Section three hundred and ninety-nine. publication of how computed. States and Gov SEC. 440. The time for publication of legal notices shall be com- The time for puted so as to exclude the first day of publication, and include the notices, day on which the act or event, of which notice is given, is to happen, or which completes the full period required for publication. SEC. 441. Printed copies in volumes of statutes, code or other Laws of other written law enacted by any other State or Territory, or foreign Government, 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 ernments, how moved. of such laws. 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 their Courts, may also be admitted as presumptive evidence of such law. TITLE XIII. ACTIONS IN PARTICULAR CASES. CHAPTER I. ACTIONS AGAINST FOREIGN CORPORATIONS. II. ACTIONS IN PLACE OF SCIRE FACIAS, QUO WARRANTO, AND OF INFORMATIONS IN THE NATURE OF QUO WARRANTO. Where and by whom action brought. CHAPTER I. ACTIONS AGAINST FOREIGN CORPORATIONS. SEC. 442. An action against a corporation created by or under the laws of any other State, government, or country, may be brought in the Circuit Court. 1. By any 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. CHAPTER II. ACTIONS IN PLACE OF SCIRE FACIAS, QUO WARRANTO, AND OF INFORMA- SEC. 443. Scire facias and quo warranto abolished, and this chapter substituted. 444. Action may be brought, by direction of the Legislature, by the Attorney-General, to vacate a charter. 445. Action to annul, a corporation, when and how brought by the Attorney-General, by leave of the Supreme Court. 446. Leave to sue, how obtained. SEC. 447. Action upon information or complaint of course. patent. 449. Relator, when to be joined as plaintiff. 450. Complaint and arrest of defendant in action for usurp- 451. Judgments in such actions. 452. Assumption of office, &c., by relator, when judgment 453. Proceedings against a defendant, on his refusal to 454. Damages, how recovered. 455. One action against several persons claiming office and 456. Penalty for usurping office or franchise, how awarded. 459. Restraining corporation, and appoiniment of receiver. be filed. 461. Entry of judgment relating to letters patent. Scire facias and quo warranto abolished and this chapter SEC. 443. 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 substituted. may be obtained by civil actions under the provisions of this chap-5-8,8-385, 401, ter. But any proceeding heretofore commenced, or judgment State v. Wilder. rendered, or right acquired, shall not be affected by such abolition. 10-43. be to vacate a char of the Legisla SEC. 444. An action may be brought by the Attorney-General, Action by Atin the name of the State, whenever the Legislature shall so di- torney-General rect, against a corporation, for the purpose of vacating or annul. ter, by direction ling the act of incorporation, or an act renewing its corporate ex- ture. istence, on the ground that such act or renewal was procured upon 5-8. some fraudulent suggestion or concealment of a material fact, by the person incorporated, or by some of them, or with their knowledge and consent. SEC. 445. An action may be brought by the Attorney-General, in the name of the State, on leave granted by the Supreme Court Action to an- or a Justice thereof, or a Circuit Judge, for the purpose of vaca nul a corpora tion, when and ting the charter or annulling the existence of a corporation, other how may be brought by At- than municipal, whenever such corporation shall— torney-General, by leave of Supreme Court. 5-8. Leave, how obtained. Action upon information or complaint. 1. Offend against any of the provisions of this Code of Procedure, or the 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, whenever 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 State against the costs and expenses to be incurred thereby. SEC. 446. 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 to its officers, previous to granting such leave, and may hear the corporation in opposition thereto. SEC. 447. An action may be brought by the Attorney-General in the name of the State, upon his own information, or upon the complaint of any private party, or by a private party interested, on leave granted by a Circuit Judge, 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. |