294 
Gregory—Political Corruption. 
tion against the usurper of an office or franchise; and it shall be 
the duty of any prosecuting attorney to bring such action with¬ 
in. ten days after the receipt of such notice from the attorney- 
general. 
Sec. 12. In case the attorny-general and prosecuting attor¬ 
ney shall neglect or refuse to bring such action within the time 
limited in section 11 of this act, it shall be lawful for the ap¬ 
plicant to bring such action in the name of the State, but at 
his own expense and by his attorney or attorneys; and in any 
action so brought by said applicant, no recovery for costs and 
disbursements shall be had against the State; provided, that in 
any case, whether instituted by the attorney-general or the 
prosecuting attorney, or by the applicant in person, if the court 
shall at any time pending such action, find the bond given as 
aforesaid inadequate in ^amount to cover the costs accrued or 
likely to accrue in the cause, or shall find any surety or sure¬ 
ties insufficient, additional bond or other sureties may be re¬ 
quired by the court within such time and upon such terms as 
the court may order; and upon failure to comply with any such 
order of the court, such action may be dismissed at the cost of 
the applicant and his sureties. 
Sec. 13. Such action shall have a preference on the docket of 
any court of the State in which the same shall be pending, over 
all other civil actions whatever. 
Sec. 14. If it shall be determined in any such action that any 
one or more of the charges defined in section 10 of this act, 
and set forth in the petition, has been sustained, judgment shall 
be rendered ousting and excluding such defendant from such 
office, and in favor of the State or plaintiff, as the case may be, 
subject to the provisions of the next succeeding section, and for 
the costs of the action. But if no one of the charges set forth 
in the petition in said cause be sustained, judgment shall be 
rendered against such applicant and his sureties on the bond or 
bonds for the costs of such action. 
Sec. 15. In any such action such applicant, upon his own 
motion or on the motion of the defendant, shall be made a party 
plaintiff; and in any case in which such applicant shall be a 
party, if judgment of ouster against the defendant shall be ren- 
