The writ of sire facies is abolished.
Actions in Particular CasesActions for the Usurpation of an Office Or Franchise
Section § 802
This law section states that the writ of 'sire facies' is no longer in use or valid.
writ sire facies abolished
Section § 803
This law allows the attorney-general to file a lawsuit to stop someone from illegally taking over or using a public office or a special privilege, like a franchise, without proper authority. This can be done based on his own information or a complaint from a private citizen. If the attorney-general believes this kind of illegal activity is happening, or if the governor orders it, he must take action.
An action may be brought by the attorney-general, in the name of the people of this state, upon his own information, or upon a complaint of a private party, against any person who usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise, or against any corporation, either de jure or de facto, which usurps, intrudes into, or unlawfully holds or exercises any franchise, within this state. And the attorney-general must bring the action, whenever he has reason to believe that any such office or franchise has been usurped, intruded into, or unlawfully held or exercised by any person, or when he is directed to do so by the
governor.
attorney-general public office usurps
Section § 804
This law allows the Attorney General, when involved in a case about someone holding a public office, to include in the complaint both the reason for bringing the case and the name of the person who actually has the rightful claim to that office.
Whenever such action is brought, the Attorney General, in addition to the statement of the cause of action, may also set forth in the complaint the name of the person rightly entitled to the office, with a statement of his right thereto.
Attorney General public office rightful claim
Section § 805
This law section allows a court to make a decision about the legal rights of the person being sued (the defendant) and possibly about the rights of the person who claims to have a right in the matter. The judgment can be about just the defendant's rights or both parties' rights, depending on what is fair in each situation.
In every such action judgment may be rendered upon the right of the defendant, and also upon the right of the party so alleged to be entitled, or only upon the right of the defendant, as justice may require.
defendant's rights entitled party court judgment
Section § 806
This section explains that if a legal decision confirms someone’s right to hold a particular office, that person can begin performing their official duties once they take an oath and provide any required official bond. An official bond is like a financial guarantee of their responsibility.
If the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he will be entitled, after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office.
oath of office official bond right to office
Section § 807
This law says that if a court decides someone is rightfully entitled to hold a certain office or position, that person can sue to get compensation for any harm they suffered because the wrong person was occupying that position.
If judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages which he may have sustained by reason of the usurpation of the office by the defendant.
rightful entitlement office usurpation compensation for damages
Section § 808
If multiple people believe they have the right to the same position or privilege, one lawsuit can be brought against all of them to determine who legally holds that right.
When several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons, in order to try their respective rights to such office or franchise.
office entitlement franchise rights dispute resolution
Section § 809
If someone is found guilty of unlawfully taking over or keeping a position, like a job or special right, the court will order them to leave it and pay for the legal costs. The judge might also fine them up to $5,000, and any money from that fine goes to the state's treasury.
When a defendant, against whom such action has been brought, is adjudged guilty of usurping or intruding into, or unlawfully holding any office, franchise, or privilege, judgment must be rendered that such defendant be excluded from the office, franchise, or privilege, and that he pay the costs of the action. The Court may also, in its discretion, impose upon the defendant a fine not exceeding five thousand dollars, which fine, when collected, must be paid into the Treasury of the State.
usurping office intruding privilege office exclusion
Section § 810
If a private person wants the Attorney General to pursue a legal case, the Attorney General can ask that person to promise, with the backing of people who will take responsibility, to cover any costs or damages if they lose, along with any expenses from running the case.
If the action is brought upon the information or application of a private party, the Attorney General may require that party to enter into an undertaking, with sureties to be approved by the Attorney General, conditioned on the party or the sureties paying any judgment for costs or damages recovered against the plaintiff, and all the costs and expenses incurred in prosecuting the action.
Attorney General private party undertaking
Section § 811
This law lets a county or city's board of supervisors, or a city's council, take legal action against anyone who wrongfully takes over or uses a public right or privilege (called a franchise) that falls within their area of control, which they have the authority to grant or take away.
The action provided for in this chapter may be maintained by the board of supervisors of any county or city and county or the legislative body of any municipal corporation, respectively, in the name of such county, city and county or municipal corporation against any person who usurps, intrudes into or unlawfully holds or exercises any franchise, or portion thereof, within the respective territorial limits of such county, city and county or municipal corporation and which is of a kind that is within the jurisdiction of such board or body to grant or withhold.
board of supervisors municipal corporation usurps
