Writ.

(5266.) SEC. 63. Every writ of habeas corpus or certiorari, Mode of serving issued pursuant to this chapter, may be served by delivering the same to the person to whom it is directed; or, if he cannot be found, it may be served by being left at the jail or other place in which the prisoner may be confined, with any under officer, or other person of proper age, having charge for the time of such prisoner.

person conceals

(5267.) SEC. 64. If the person upon whom the writ ought to How served when be served, conceal himself, or refuse admittance to the party himself, etc. attempting to serve such writ, it may be served by fixing it in some conspicuous place on the outside, either of his dwelling house, or of the place where the party is confined.

obey Writs

(5268.) SEC. 65. It shall be the duty of every Sheriff, Coro- Officers, etc., to ner, Constable or Marshal, upon whom a writ of habeas corpus served on them. shall be served, whether such writ be directed to him or not, upon the payment or tender of the charges allowed by law, to obey and return such writ according to the exigency thereof; and it shall be the duty of every other person upon whom such writ shall be served, having the custody of the individual for whose relief the writ shall be issued, to obey and execute such writ, according to the command thereof, without requiring the payment of any charges, unless the payment of such charges shall have been required by the officer issuing such writ.

Certiorari,

(5269.) SEc. 66. It shall, in like manner, be the duty of the Persons to obey person upon whom any writ of certiorari, issued pursuant to the provisions of this chapter, shall be served, upon payment or tender of the fees allowed by law for making a return to such writ, and for copying the warrant or other process to be annexed thereto, to obey and return the same according to the exigency thereof.

(5270.) SEC. 67. Every officer allowing a writ of habeas cor-Fees to persons pus directed to any person other than a Sheriff, Coroner, Con- not officers. stable or Marshal, may, in his discretion, require as a duty to be performed, in order to render the service thereof effectual, that the charges of bringing up such prisoner shall be paid by the petitioner; and in such case he shall, in the allowance of the writ, specify the amount of such charges so to be paid, which shall not exceed the fees allowed by law to Sheriffs for similar services.

(5271.) SEc. 68. If the writ be returnable at a certain day, Time for returnsuch return shall be made, and such prisoner produced at the ing Writ.

time and place specified therein; if it be returnable forthwith,

and the place be within twenty miles of the place of service,

Application of this Chapter.

such return shall be made, and such prisoner shall be produced within twenty-four hours; and the like time shall be allowed for every additional twenty miles.

(5272.) SEC. 69. The several provisions contained in this chapter shall be construed to apply, so far as they may be applicable, to every writ of habeas corpus authorized to be issued by any statute of this State.

Writs to annul letters patent.

Chapter One Hundred and Thirty-Five of Revised Statutes of 1846.

(5273.) SECTION 1. A writ of scire facias may be issued out of the Supreme Court, in behalf of the People of this State, upon the relation of the Attorney General, or of any private person, for the purpose of vacating and annulling any letters patent granted by the People of this State, in the following

cases:

1. When it shall be alleged 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 with his consent or knowledge;

2. When it shall be alleged that such letters patent were issued through mistake, and in ignorance of some material fact;

3. When the patentee, or those lawfully claiming under him, shall have done or omitted any act, in violation of the

terms and conditions upon which such letters patent were granted; or shall, by any other means, have forfeited the interest acquired under the same.

acts of Incorpo

(5274.) SEC. 2. A writ of scire facias may also be issued out Writ to vacate of the Supreme Court, upon the relation of the Attorney ration. General, against any corporation created or renewed by any act of the Legislature, for the purpose of vacating and annulling such act,on the ground that the same was passed upon some fraudulent suggestion, or concealment of a material fact, made by the persons incorporated by such act, or made with their consent or knowledge, but no such writ shall be issued under the provisions of this section, except when the Legislature shall specially direct the Attorney General to prosecute

the same.

(5275.) SEC. 3. In every writ of scire facias issued under Contents of Writ. either of the two preceding sections, the particular matters and circumstances upon which the same is founded, shall be set forth with such convenient certainty, that the defendants may be fully apprized of the general nature thereof.

(5276.) SEC. 4. If the matters duly alleged in such writ, shall Judgment. be found for the People, or the defendants shall make default, judgment shall be rendered, that the letters patent, or act of incorporation, specified in the writ, as the case may be, be vacated and annulled.

eias in other ca

ses.

and return.

(5277.) SEc. 5. Writs of scire facias may be issued in all Writs of Scire Faother cases where the same are or shall be allowed by any law of this State, and the provisions of this chapter shall apply to such writs, so far as the same may be applicable. (5278.) SEC. 6. Writs of scire facias may be issued, tested Issuing, teste, and returned, at the same time, and in the same manner as original writs in personal actions, and, except when otherwise specially provided, it shall not be necessary to have any particular number of days between the teste and return day thereof.

(5279.) SEC. 7. It shall be the duty of the Sheriff or other Service of Wris officer to whom any such writ of scire facias may be directed,

to endeavor to serve the same, notwithstanding any directions he may receive to the contrary, from the plaintiff therein, or

his attorney.

(5280.) SEC. 8. Every such writ shall be served by deliver-Mode of serving ing a copy thereof, certified by the officer serving the same,

to the party required to be summoned; or by leaving the

Appearance of defendants, etc.

Notice to absent defendants.

Publication.

etc.

same at his dwelling house, with some person of proper age; and if such writ be issued against a corporation, it shall be served in the same manner as prescribed for the service of an original summons upon a corporation.

(5281.) SEC. 9. In all cases where the writ shall be returned duly served, the appearance of the persons or corporations so summoned, shall be entered by the clerk as in other cases; and the plaintiff shall be entitled, on the filing of such writ, so returned, to enter a rule requiring the defendant to plead to such writ, within twenty days after service of notice thereof, notice of which rule shall be served in the same manner, and with like effect, as in personal actions.

(5282.) SEC. 10. If the Sheriff return that any person who was the original defendant in a judgment, and was required to be summoned by such writ, cannot be found, and has no dwelling house within his county, the Court shall, after the filing of the scire facias, direct a rule to be entered, requiring the defendant to appear and plead to such scire facias, within twenty days after the last publication of such rule, as hereinafter provided.

(5283.) SEC. 11. A copy of such rule, certified by the Clerk of the Court, shall be published for four weeks successively in such paper as the Court may direct.

Entering default, (5284.) SEC. 12. If such defendant shall not appear and plead to such scire facias within the time limited by the rule, the plaintiff shall be entitled, upon filing an affidavit of the due publication of said rule, to enter the default of the defendant, and judgment shall be rendered upon such default, in like manner as if the writ had been returned served.

Declaration u nnecessary, etc.

Writs to be served, etc., in all

cases.

(5285.) SEC. 13. No declaration shall be required to be filed upon the scire facias; but when executors or Administrators are plaintiffs in any such writ, they shall make profert of their letters testamentary or of administration in the scire facias, in the same manner as in a declaration; and the defendant shall plead to such writ, in the same manner as to a declaration.

(5286.) SEC. 14. No proceeding shall be had on any writ of scire facias, unless the same shall have been served, or notice thereof published, as hereinbefore provided; and no proceeding shall be had against any bail prosecuted by scire facias, unless such writ shall have been personally served.

(5287.) SEC. 15. Whenever judgment shall be rendered against the defendant, upon any scire facias brought to vacate

judgments to be

letters patent, or to vacate any act of incorporation, a copy Copies of certain of the record of such judgment shall be forthwith filed in the filed with Secreoffice of the Secretary of State.

tary of State.

to be transmitted

(5288.) SEC. 16. If the record relate to letters patent, the When statement Secretary shall forthwith transmit to the Commissioner of the to Land Office. Land Office, a statement of the substance and effect of such recovery, and of the time when the judgment was rendered; and the lands and tenements granted by such letters patent, may thereafter be disposed of by such Commissioner, in the same manner as if such letters patent had never been issued. (5289.) SEC. 17. If the record relate to an act of incorpo- Notice in certain ration, the Secretary of State shall forthwith cause notice of cases. the substance and effect of such recovery to be published for four successive weeks in some newspaper published at the Capital, and the like time in a newspaper printed in the county where the principal office or place of business of the company created by such such act shall be, if one be there published.

tion and powers.

(5290.) SEC. 18. Whenever any judgment shall be rendered Equity jurisdicfor the vacating and annulling of any act of incorporation, pursuant to the provisions of this chapter, any Court having equity jurisdiction shall have the same powers to restrain the corporation created by such act, to appoint a Receiver of its property and effects, and to take an account and make distribution thereof among its creditors, as in cases of the voluntary dissolution of corporations; and it shall be the duty of the Attorney General, immediately after the rendering of any judgment vacating and annulling any such act of incorporation, to institute proceedings for that purpose in said Court.