within this territory without being authorized by law, or if being incorporated, they do or omit acts which amount to a surrender or forfeiture of their rights and privileges as a corporation, or when they exercise powers not conferred by law.

SEC. 725. Such information may be filed by the How Ale prosecuting attorney of the proper county whenever he deems it his duty so to do.

By whom

SEC. 726. He must file such information when directed to do so by the governor, the legislative assembly, or the directed. district court.

SEC. 727. Such information shall consist of a plain How. statement of the facts which constitute the grounds of the proceeding, addressed to the court, which shall stand for an original petition.

SEC. 728. Such statement shall be filed in the clerk's Stationed: office, and summons issued and served in the same manner

as hereinbefore provided, for the commencement of actions in the district court.

SEC. 729. The defendant shall appear and answer such Joinder information in the usual way, and issue being joined it shall be tried in the ordinary manner.

SEC. 730. When the defendant is holding an office to Omce. which another is claiming a right, the information should set forth the name of such claimant, and the trial must, if practicable, determine the rights of the contesting parties.

SEC. 731. If judgment be rendered in favor of such Functious, &c. claimant, he shall proceed to exercise the functions of the office, after he has qualified as required by law.

Books.

SEC. 732. The court after such judgment, shall order Delivery of the defendant to deliver over all books and papers in his custody or under his control belonging to said office.

SEC. 733. When the judgment has been rendered in favor of the claimant, he may at any time within one year thereafter, bring suit against the defendant, and recover the damages he has sustained by reason of the act of the defendant.

SEC. 734. When several persons claim to be entitled to

Limitation.

Sveral persons,

Oaster.

Judgment.

Information.

poration.

the same office or franchise, an information may be filed against all or any portion thereof in order to try their respective rights thereto.

SEC. 735. If the defendant be found guilty of unlawfully holding or exercising any office, franchise or privilege, or if a corporation be found to have violated the law by which it holds its existence, or in any other manner to have done acts which amount to a surrender or forfeiture of its privileges, judgment shall be rendered that such defendant be ousted, and altogether excluded from such office, franchise or privilege, and also that he pay the costs of the proceeding.

SEC. 736. If the defendant be found to have exercised merely certain individual powers and privileges to which he was not entitled, the judgment shall be the same as above directed, but only in relation to those particulars in which he is thus exceeding the lawful exercise of its rights and privileges.

SEC. 737. When an information is upon the relation of private individual, it shall be so stated in the petition and proceedings, and such individual shall be responsible for costs in case they are not adjudged against the defendant. In other cases the title of the cause shall be the same as in a criminal prosecution, and the payment of costs shall be regulated by the same rule.

Pretended cor- SEC. 738. In case judgment is rendered against a pretended, but not real corporation, the costs may be collected from any person who has been acting as an officer or proprietor of such pretended corporation.

SEC. 739. If a corporation is ousted and dissolved by the proceedings herein authorized, the court shall appoint three disinterested persons as trustees of the creditors and stockholders.

SEC. 740. Such trustees shall enter into bond, in such a penalty and with such security as the court may approve, conditioned for the faithful discharge of their trust.

SEC. 741. Suit may be brought on such bond by any

person injured by the negligence or wrongful act of the trustees in the discharge of their duties.

SEC. 742. The trustees shall proceed immediately to collect the debts and pay the liabilities of the corporation and to divide the surplus among those thereto entitled.

SEC. 743. The court shall, upon an application for that purpose, order any officer of such corporation, or any other person having possession of any of the effects, books or papers of the corporation in any wise necessary for the settlement of its affairs, to deliver up the same to the

trustees.

Liabilities.

Delivery of Books

SEC. 744. As soon as practicable after their appoint- Inventory. ment, the trustees shall make and file in the office of the clerk of the court, an inventory of all the effects, rights and credits, which come to their possession or knowledge, the truth of which inventory shall be sworn to.

SEC. 745. They shall sue for and recover the debts and property of the corporation, and shall be responsible to the creditors and stockholders, respectively, to the extent of the effects which come to their hands, in the same manner as though they were the executors of a deceased person.

Recovery of debts.

SEC. 746. When judgment of ouster is rendered against Joint liability. a corporation on account of the misconduct of the directors

or officers thereof, such officers shall be jointly and severally

liable to an action by any one injured thereby.

SEC. 747. Any person who, without good reason, Contempt. refuses to obey any order of the court as herein provided, shall be deemed guilty of a contempt of court, and shall be fined in any sum not exceeding five thousand dollars, and imprisoned in the county jail until he comply with said order, and shall be further liable for the damages resulting to any person on account of his refusal to obey such order.

SEC. 748. A proceeding of this kind may be instituted in the manner above contemplated for the purpose of annulling or vacating any letters patent granted by the proper authorities of this territory, where there is reason to believe that the same were obtained by fraud, or through mistake or iguorance of a material fact, or when the patentees or those

How in tituted

Chancery.

Subpœna.

Return.

claiming under him, have done or omitted an act in violation of the terms and conditions on which the letters were granted, or have, by any other means, forfeited the interest acquired under the same.

TITLE XXXI.

Chancery.

SEC. 749. All actions in chancery shall be commenced by filing, in the office of the register of the proper court, a bill of complaint setting forth the nature of the complaint, agreeably to the usages and practice of courts of equity, and causing a subpoena to be issued thereon, except as hereinafter provided for service on non-residents.

SEC. 750. The subpoena shall be issued and signed by the register of said court, under the seal thereof, dated on the day it is issued; it shall run in the name of the territory of Wyoming, and shall be directed to the defendant or defendants named in the bill, requiring him or them to appear and answer the said bill on or before the day therein named, as hereinafter provided. If one or more defendants reside in any other county of this territory than that in which the action is rightly brought, then, on the request of the complainant or complainants, subpoena may be issued as aforesaid, against such defendant or defendants, to such county. The subpoena may be served by the sheriff or coroner of the county in which the defendant or defendants to be sued reside, and if there be no sheriff or coroner in such county, then, by such person as the register may designate: Provided, That whenever any subpoena shall be served by a person designated by such register, the person making such service shall verify the same by his own affidavit. SEC. 751. The subpoena shall be made returnable on the second Monday after the day of its date, except when issued to any other county than that in which the action is brought, it may be made returnable at the option of the party having it issued, on the third or fourth Monday after its date, and shall require the defendant or defendants therein named, to appear and answer the bill on the third Monday after the

date of the return thereof, and the day of the month on which the defendant is required to answer the bill shall be inserted in the subpoena.

SEC. 752. Service of subpoena shall be made by delivering a certified copy thereof to each defendant personally, or by leaving one at his usual place of residence, at any time before the return day. The return must state the time and manner of service, and the officer or person serving the subpoena must make his return at the time therein stated. If the subpoena shall not be returned, served on the defendant or defendants, or any one or more of them, on the return day thereof, the register shall, if required, issue alias or pluries subpoena against such defendant or defendants as the case may be.

Service.

SEC. 753. In actions against corporations, service may Corporations. be made upon the president, mayor, chairman of the board of managers, directors or trustees, or other chief officer, or if its chief officer is not found in the county, then, upon its secretary, cashier, clerk or agent, or if none of the aforesaid officers can be found, then by copy left at the office or usual place of business of such corporation; and service of subpoena and return thereof shall be made at the time and in the manner provided in the last preceding section.

SEC. 754. If it shall he shown by the bill properly sworn to, or by affidavit filed in the office of the register, that the action relates to, or the subject thereof is, real estate or personal property in this territory, or that the defendant or defendants has or have claims in interest, actual or contingent therein, or that the relief sought consists wholly or partially in excluding him or them from any interest therein, and that such defendant or defendants is or are non-residents of, ard service of subpoena cannot be made upon him or them in this territory, then service on such defendant or defendants who are non-resident, may, without issuance of subpoena, be made by publication of notice four consecutive weeks in some newspaper regularly printed in the county in which the action is brought, and if no newspaper is printed in such county, then in some newspaper printed in this territory

Non-residents.