Anderson

In plaintiff’s original brief he says: “This is an action qui tam by a stockholder (a common informer) to recover the statutory penalty from the directors of a domestic mining corporation for failure to make or post monthly balance sheets, et cetera, required by act approved April 23, 1880.” By that statute it is declared that a stockholder may recover the sum of one thousand dollars as liquidated damages from the directors of mining corporations for failure upon their part to comply with certain of its provisions. Subsequent to the filing of plaintiff’s original brief, and while the appeal from the judg *274 ment in his favor was pending in this court, the legislature amended the act under which this litigation was inaugurated. This amendment was most important and substantial—so important and substantial it may be said that, so far as this plaintiff’s rights are concerned, the act was repealed. Plaintiff, by supplemental argument, now claims that the act is not penal in character, that the one thousand dollars recovered by him as liquidated damages is not a penalty, and that, therefore, under the judgment recovered, he has vested rights, which a repeal of the statute cannot…