Application, ty notice thereof, and hear ing. section, whenever he shall have good reason to believe that the same can be established by proof. SEC. 9. Leave to file such information may be in what coun- granted by the said district court, in term time, or the judge thereof in vacation, upon the application of the district attorney of the county wherein the principal office, or place of business, of such corporation shall be, and upon such application the court or judge may in their discretion direct notice thereof to be given to such corporation or its officers, previous to granting such leave, and may hear such corporation in opposition thereto. Upon leave granted, infor mation filed; summons, or rule, and plea, in 20 days. Summons, on return and appearance. SEC. 10. Upon such leave being granted, and endorsed on the information, under the hand of the clerk of the court, or of the judge granting the same, the district attorney may forthwith file the same, and thereupon shall issue a writ of summons against such corporation, to be directed to the sheriff, commanding him to summon such corporation to appear in said court, and to answer the said information, and the said writ of summons shall be forthwith served and returned, but when such corporation shall appear by counsel, pursuant to the notice authorized by the ninth section of this act to be given, and shall be heard in opposition to the granting of such leave, the court or judge granting leave may also direct a rule to be entered, requiring the defendant to appear and plead to such information, within twenty days after service of a copy thereof, and notice of such rule, and in such cases it shall not be necessary to issue a writ of summons. SEC. 11. The writ of summons issuing against such whom served, corporation, shall be served on the presiding officer, or the cashier, or the secretary, or treasurer thereof, and if there be no such officers, or none can be found, such service may be made on any director, or other person having the management of the affairs of the corporation, and upon the return of the summons served, the clerk shall enter the appearance of such corporation. Copy of information, issue. SEC. 12. Whenever any writ of summons, issued pursuant to the provisions of this act, shall have pleadings and been returned served, the defendant or defendants may apply for and receive a copy of said information. from the clerk of the court, and shall plead thereto within thirty days from and after the return of said writ of summons, and each party shall file the proper pleadings on his part within thirty days from that on which the last pleadings were filed, until a complete issue is presented for trial. ed, notice re fault. SEC. 13. Whenever any writ of summons, issued When writ upon an information in the nature of quo warranto cannot be servshall be returned not served, by reason of the de- quired and how fendant or the officers of the defendant not being given, affidafound within the county, the clerk shall make out vit, and judgand cause to be published for four successive weeks, ment by dein some newspaper of general circulation in the county, and if there be none in the said county, then in the nearest newspaper; a notice of the filing of such information setting forth the substance thereof, and if said defendant shall not appear and plead to such information within thirty days after the last publication of said notice, the plaintiff shall be entitled, upon filing an affidavit of the due publication of said notice, to enter the default of the defendant and judgment shall be rendered on such default, in like manner as if the writ had been returned duly served. SEC. 14. An order may be made by the District Order of court, Court or the judge thereof, on good cause shown, en- and proviso. larging the time within which any matter of plead ing shall be filed: Provided, Such order do not work a continuance of the cause. SEC. 15. Whenever any defendant, or defendants, Effects of judg against whom an information in the nature of a quo ment, and rewarranto shall have been exhibited, shall be found lators' costs. or adjudged guilty of usurping or intruding into, or unlawfully holding or exercising, any office, franchise or privilege, judgment shall be rendered that such defendant or defendants be ousted, and altogether excluded from such office, franchise or privilege, and also that the district attorney or relator, if there be one, recover his costs against such defendant or defendants. tions, and dis SEC. 16. Whenever it shall be found or adjudged Judgment athat any corporation, against which an information gainst corporain the nature of a quo warranto shall have been filed, solution therehas, by offending against any of the provisions of of. the act or acts creating, altering, amending or renewing the same, exercising any franchise or power not conferred by law, or by any misuser, nonuser, or surrender, forfeit its corporate rights, privileges, and franchises, judgment shall be rendered that such corporation be ousted and altogether excluded from such corporate rights, privileges and franchises, and that said corporation be dissolved. Execution for costs. Appointment of trustees: their bond, securities, duties and powers. Trustees to demand books, papers, &c., may sue for whose name. Their liabilities. SEC. 17. If judgment be rendered, upon any such information, against any corporation, or against any person claiming to be a corporation, the court may cause the costs thereon to be collected by execution against the directors, or other officers of such corporation, or against the person claiming to be a corporation. SEC. 18. Upon the dissolution of any corporation, under the fifteenth section of this act, the court pronouncing the judgment of ouster and dissolution, shall appoint three persons who shall not be directors of, or stockholders in, such corporation at the time of its dissolution, as trustees of the creditors and stockholders of the corporation dissolved, and who, after entering into bond to the Territory of Iowa, in such sum and with such securities as the said court shall designate and approve, conditioned for the faithful discharge of the trust and payment over and proper application of all money that may come into their hands, shall have full power to settle the affairs of the corporation, collect and pay the outstanding debts, and divide among the stockholders the moneys and other property that shall remain after the payment of debts, and other necessary expenses. SEC. 19. The persons, so constituted trustees, shall forthwith demand of the officers of said corporation all moneys, property, books, deeds, notes, bills, oblidebts, and in gations, and papers, of every description, whether in their custody or within the power and control of any one of them, belonging to said corporation, or in anywise necessary for the settlement of its affairs, or the faithful discharge of its debts and liabilities, and they shall have authority to sue for and recover the debts and property of the dissolved corporation, by the name of the trustees of such corporation, describing it by its usual corporate name, and shall be jointly and severally responsible to the creditors and stockholders of such corporation to the extent of its property and effects that shall come into their hands. Refusal to de SEC. 20. If the officers of such corporation, or any liver books, pa- one or more of them, shall refuse or neglect to depers, &c., a con- liver over any such moneys, property, books, deeds, how punished. notes, bills, obligations, or papers, pursuant to such tempt, and demand, he or they so refusing or neglecting, shall be deemed guilty of a contempt of court, and shall be severally fined in any sum not exceeding five thousand dollars, and be imprisoned in the cell or be liable moreover to the said trustees in an action Action for SEC 21. When the information against any cor- Misconduct, district attor neys, under SEC. 22. Whenever the office of district attorney Who may pershall happen to be vacant, or said attorney shall be form the duties absent, or interested in the subject matter of con- required of testation, or disabled from performing the duties prescribed by this act from any cause whatever, the this act. district court in term time, or judge thereof, in vacation, may direct or permit any member of the bar to do and perform the duties herein directed to be done and performed by the district attornies of the several counties of this Territory. Court of chan SEC. 23. Nothing in this act contained shall be in- Trusts, and tended to restrain any court of chancery in this Ter- their performritory from enforcing the performance of trusts for ance. charitable purposes, at the relation of the district attorney of the proper county, or from enforcing trusts or restraining abuses in other corporations at the suit of the person injured. cery. SEC. 24. That all fines collected under the provi- Fines, where sions of this act, shall be paid over into the treasury paid, and for of the proper county, for the use of schools within said county. what use. SEC. 25. Nothing in this act contained shall author- Limitation of ize any proceeding against any corporation for forfeit- suits. ure of charter, unless the same shall be commenced within five years from the time of the exercise of the power or the act of omission alleged as the cause of forfeiture, and no proceeding under this act shall be sustained against any corporation on account of the exercise of any power or franchise under its charter, 1 ed. which shall have been used and exercised for the term of twenty years prior to the commencement of such proceeding, nor shall any proceeding be comActions, when menced under this act against any officer to oust him to be commenc- or her from office, unless such proceeding shall be commenced within three years next after the cause of such ouster, or right to hold such office, shall have arisen: Provided, That such proceedings under this act may be had, and the same shall not be barred in any of the above cases, if commenced within two years from the passage of this act. Proviso. Appeals, when and to whom allowed. SEC. 26. Appeals may be taken from the decision of the district court only in cases wherein a corporation is a party to any proceedings under this act, upon such terms as the said district court shall prescribe, but in all cases writs of error may be prosecuted whenever the supreme court or any of the judges thereof, in vacation, upon being presented with a copy of the record, shall certify that there is reasonable cause for the bringing such writ. The said supreme court or judge, in vacation, may impose such terms and conditions upon the party wishing to prosecute such writ of error as to the said Writs of error, court or judge shall seem reasonable and just. The how they shall allowance of a writ of error shall operate, after notice thereof, as a stay of proceedings in the district court until the determination, but writs of error, without supersedeas shall issue as writs of right as in other operate. This act in cases. SEC. 27. This act to take effect, and be in force force, May 1st, from and after the first day of May next. APPROVED, December 20, 1838. 1839. ty. RECORDERS. AN ACT relating to the office of Recorder of Deeds, &c. SEC. 1. Be it enacted by the Council and House of Recorder's of Representatives of the Territory of Iowa, That there fice in each or shall be an office of recorder of deeds, in each and ganized coun- every organized county in this Territory, which shall be called and styled the recorder's office; and said office shall be kept at the county seat of each organized county, and the recorder shall duly attend to the duties of the same, shall provide good, large, well bound books, of royal or other large paper, which shall be paid for out of the county treasury, wherein |