Section 138. When attorney-general may maintain action  


Latest version.
  • The
      attorney-general  may  maintain   an   action   to   vacate   or   annul
      letters-patent,  granted  by  the  people of the state, in either of the
      following cases:
        1. Where they were obtained by means of a  fraudulent  suggestion,  or
      concealment  of  a  material  fact,  made  by,  or with the knowledge or
      consent of, the person to whom they were issued.
        2. Where they were issued in ignorance of a material fact, or  through
      mistake.
        3.  Where  the  patentee,  or  those  claiming under him, have done or
      admitted an act, in violation of the terms and conditions upon which the
      letters-patent were granted, or have, by any other means, forfeited  the
      interest acquired under the same.
        Whenever  the attorney-general has good reason to believe that any act
      or omission, specified in this section, can  be  proved,  and  that  the
      person  to  be  made  defendant has no sufficient legal defence, he must
      commence such an action.