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 act relating to sheriffs shall apply to coroners when the sheriff is a party.

CHAPTER XIII.;

Accountability of Guardians.

420. No guardian appointed for an infant shall be permitted to receive property of the infant, until he shall have given sufficient security, approved by a judge of the court or a county judge, to account for and apply the same, under the direction of the oourt.

CHAPTER XIV.

Powers of Referees.

421. Every referee appointed pursuant to this act shall have power to administer oaths, in any pro oeeding before him, and shall have generally the powers now vested in a referee by law.

CHAPTER XV.

Miscellaneous Provisions.

¿ 422. If an original pleading or paper be lost or withheld by any person, the court may authorize a oopy thereof to be filed and used instead of the original.

423. The various undertakings required to be given by this act must be filed with the clerk of the

court, unless the court expressly provides for a dif ferent 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 sheriff to the parties, respectively, for whose benefit they are taken.

424. Upon any bond and warrant of attorney exexcuted and delivered before the first day of July, 1848, judgment may be entered in the manner provided by 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 pubilcation.

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.

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.

III. Actions for the partition of real prop

erty.

IV. Actions to determine conflicting claims to real property, and for waste and nuisance.

V. General provisions relating to actions concerning real property.

CHAPTER I.

Actions against Foreign Corporations.

§ 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.

CHAPTER II.

Actions in place of Scire Facias, Quo Warranto, and of Informations in the Nature of Quo Warranto.

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.

2429. An action may be brought by the attorneygeneral, in the name of the people of this state, whenever the legislature shall 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 attorneygeneral, 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, 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 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 attorneygeneral 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,