may authorize a copy thereof to be filed and used instead of the original. See note to section 416, and Renouil v. Harris, 1 Code Rep., 125. § 423. Where undertakings to be filed.—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. An injunction order is inoperative until the undertaking required by the statute be given. Elliott v. Osborne, 1 California Rep., 396, and see note to section 222 on page 235, ante. § 424. Judgment on bond and warrant of attorney, executed before July 1, 1848.-Upon any bond and warrant of attorney executed 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 the statement signed and verified by himself, in the form prescribed by section 382. § 425. Time for publication of notices, how computed.—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 publication. Notices or advertisements which by law are required to be published in any public newspaper published in this State, may be proved by the affidavit of the printer or foreman of the printer of such newspaper. Laws of 1835, c. 159, p. 168, and see sections 138 and 407 of this code. § 426. Laws of other States and governments, how proved.Printed copies in volumes of statutes, code, or other written law, enacted by any other State or territory, or foreign government 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. 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 their courts, may also be admitted as presumptive evidence of such law. 2 Tb., See Laws of 1845, p. 326. Laws of 1846, pp. 204, 303; 6 Wend. 483; 411; Dall. 412; 9 Cranch, 122, n.; 1 Stark. Ev. (ed. 1842) 232, n. 2; 1 Phill. Ev, (Cow. and H. ed., 1843) 383; 3 Ib., 1056, n. 708. 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 a quo warranto. III. Actions for the partition of real property. 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. SECTION 427. Where and by whom brought. § 427. Where and by whom brought.-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. The code of 1848 had no section corresponding to this, and in an action commenced against a foreign corporation in the court of common pleas for the city and county of New York, while that code was in operation, and called on for trial after the code of 1849 went into effect,-on the cause being called, it was objected that the court had no jurisdiction; to which it was answered, that, by appearing and answering without objection, the defendant had waived his right to object to the jurisdiction; but it was held, that the court had no jurisdiction of the action, and that the right to reserve the objection to the time of trial was expressly conferred by the code, and that there had been no waiver so as to confer jurisdiction. Case v. Ohio Ins. Co., 2 Code Rep., 82. The service of a summons upon the president of a foreign corporation, who happens to be temporarily in this State, and who does not voluntarily appear, does not give the court jurisdiction of the defendant (the corporation) for the purpose of rendering personal judgment upon contracts made in this State, or for debts due to residents of this State. Such a service must be regarded, for all practical purposes, as simply a statutory notice that proceedings are about to be instituted against the defendant's property. Hulbert v. Hope Mutual Ins. Co., 2 Code Rep., 148; 4 Pr. R., 275; ib., 415. Brewster v. Michigan Central R. R. Co., 3 Code Rep., 215; 5 Pr. R., 183. An action against a foreign corporation is now, as a suit was formerly, a proceeding against its property only, unless there is a voluntary appearance by the defendant. Ib. The law authorizing suits against foreign corporations was not changed by the code as originally adopted (code of 1848), but the amendment of 1849 introduced into that act provisions regulating such actions which probably supersede pre-existing statutes on that subject. (Laws of 1845, c. 234, p. 256; Laws of 1848, c. 53, p. 69; Laws of 1849, cap. 107, p. 142; 1 Rep. of Commrs. on Practice, p. 39; Code, ss. 227 to 243; 2 R. S., 459.) Before 1849 the only mode of proceeding against a foreign corporation was by attachment (1 Pr. R., 250; 2 R. S., 459, s. 15.) By chapter 107 of laws of 1849, the revised statutes were amended so as to require a summons and complaint to accompany the attachment, but now it is not required that the attachment should accompany the service of the summous. It may be served afterwards. 1b. A suit against a foreign corporation cannot be commenced and prosecuted to judgment in the courts of this State unless the cause of action arose in this State, or the corporation has property in this State which can be reached by attachment. Eggleston v. Orange and Alexandria Railroad Co., 1 Code Rep. N. S., 212. CHAPTER II. Actions in place of scire facias, quo warranto, and of informations in the nature of quo warranto. SECTION 428. Scire facias and quo warranto abolished and this chapter substituted. 429. Action may be brought by attorney-general to vacate a charter, by direction of legislature. 430. Action to annul a corporation, when and how brought by attorneygeneral, by leave of supreme court. 431. Leave, how obtained. 432. Action upon information or complaint, of course. 433. Action, when and how brought to vacate letters patent. 434. Relator, when to be joined as plaintiff. 435. Complaint and arrest of defendant, in action for usurping an office. 436. Judgment in such action. 437. Assumption of office, &c., by relator, when judgment is in his favor. 438. Proceedings against defendant on refusal to deliver books or papers. 439. Damages, how recovered. 440. One action against several persons claiming office or franchise. 441. Penalty for usurping office or franchise, how awarded. 442. Judgment of forfeiture against a corporation. 443. Costs against corporation or persons claiming to be such, how collected. 444. Restraining corporation and appointment of receiver. 445. Copy of judgment roll against corporation, where to be filed. 446. Entry of judgment relating to letters patent in records of commis sioners of land office. 447. Actions for forfeiture of property to the people. § 428. Scire facias and quo warranto abolished, and this chapter substituted. 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. The remedy heretofore given by scire facias, to obtain execution of a judgment, is superseded by the provisions for an action there for under the code. Cameron v. Young, 6 Pr. R., 372. In an action in the nature of a quo warranto, the place of trial may properly be laid in any county in the State. The people are a party whose residence extends to every county. The People v. Cook, 6 Pr. R., 448. In quo warranto commenced before July, 1848, motions for judgment must be made to the general term. People ex rel. Coon v. Gilbert, 2 Code Rep., 31. 3 ib., 181. Where a judgment was obtained in 1842, and the plaintiff on May 4, 1849, issued a writ of scire facias quare executionem non, the court, on defendant's motion, set aside such writ, saying, The amended code took effect prior to the issue of this writ and must control the rights of the parties. By section 428 the writ of scire facias is abolished, and the remedies prescribed by sections 283 and 284 substituted. The saving clause in section 428 relates only to proceedings by scire facias commenced before the code took effect, whether judgment had been rendered therein or not. The motion contemplated by section 284 renders a scire facias unnecessary. Catskill Bank v. Sanford, 4 Pr. R., 100. It was held otherwise under the code of 1848, but that code had no section corresponding to this. Anon., 1 Code Rep., 118. § 429. Action may be brought by attorney-general to vacate a charter by direction of legislature.-An action may be brought by the attorney-general, 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. The proceedings authorized by this section, are civil and not criminal proceedings Rodney B'k v. The State, 4 Sme. & M., 439. § 430. Action to annul a corporation, when and how brought by attorney-general by leave of supreme court.-An action may be brought by the attorney-general, 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- |