Page:United States Statutes at Large Volume 31.djvu/439

 FIFTY-SIXTH CONGRESS. SESS I. Ch. 786. 1900. 387. CHAPTER Tmnrr-noun. Aotriorrs ON OFFICIAL‘UNDEBTAKINGS. AND Fon Finns AND ronrnrtronns. Sec. Sec. 324. Official undertakings, to whom 329. Who may maintain action for fines deemed a security. and forfeitures. 325. Who may maintain action thereon. 330. Actions for penalties not to exceed 326. .When leave must be obtained be- [ certain amount. fore action can be commenced. ’ 331. Judgment by collusion between .327. Judgment no bar to action for an- plaintiff and defendant. other delinquency. 332. Disposition of fines and forfeitures. 328. Amount of judgment. » Sec. 324. The official undertaking or other security of a public ofli- ingsmgijhogngefgfé cer to an county, city, town, O1' other municipal or public corporation a seéurity. of like character therein, shall be deemed a security to the United • States, or to such city, town, or other municipal or public corporation. as the case may be, and also to all persons severallly for the official delinquency.%ainst which it is intended to provide. _ _ _ Sec. 325. hen a public officer, by official misconduct or neglect of ,,c`§§‘§,'f,‘§}é0‘§‘,j‘“‘“"‘ duty, shall forfeit his official undertaking or other security, or render ‘ his sureties therein liable upon such undertaking or other security, any person injured by such misconduct or neglect, or_who is by law entitled to the benefit of the security, may maintain an action thereon in his own name, against the officer and his sureties, to recover the amount towhich he ma by reason thereof be entitled. · Sec. 326. Before such action can be commenced by a plaintiff other Obzlgjggggggrgfégg than the United States, or the municipal or public corporation named can bu commenced. in the undertaking or other security, leave shall be obtained of the court or judge thereof where the action is triable. Such leave shall be granted upon the production of a certihed copy of the undertaking or other security, and an aflidavit of the plaintiff, or some- person in his behalf, showing the delinquency. But if the mattersset forth in the aihdavit be such that, if true, the party appjying would clearly not be entitled to recover in the action, the leave.s all not be granted. If it does not appear from the complaint that the leave herein provided for has been granted, the defendant on motion shall be entitled to judgment of nonsuit; if it does, the defendant may controvert the allegation, and if the issue be found in his favor, judgment · may be given accordingly. ‘ - Sec. 327. A jludgmentin favor .of a party for one delinquency shall ,,c§,‘}§{'g§’;§,’(}§h‘g*;’d‘;’ not preclude. the same or another party from maintainin another 1i¤<1¤¤¤<=v- action on the same undertaking, or other security, for anogier delin- “ uenc . . ,' 3 q Sno? 328. In an action upon an official undertakin or other security, m§’{°‘¥“‘ °f l“dgi if judgment has already een recovered against Sie surety therein, other than·by confession, equal in the aggregate to the penalty or any -part thereof of such undertaking or other security, and if such recovery be established on the trial, judgment shall not be givenagainst such surety for aneamount exceeding such penalty, or such portion thereof asis not already recovered against-him. ·· Sec. 329. Fines and forfeitures may be recovered by an action in acjjg; £,g*g¤ggg§¤;*gg the name of the officer or person to whom they are by law given, or forfeimres. ‘ · in the name of the officer or person who by law is authorized to prosecute for them. · ‘ i · J t · Sec. 330. When an action shall be commenced fora penalty which ,,_;;'§§g¤,§) gggegggj by law is not to exceed a certain amount, the action may be commenced win amount. for that amount, and if judgment be given fort the plaintiff, it may be for such amount or. less, in the discretion of the court, in proportion -t0Sh9 OHBDSK f d f l f nf b J“dg‘“ “ bl “ no. 331. recoveryo ··a ju ment or a. ena t or or eitnre "“ Y‘i° 9* collusion between the plaintiff aiigd defendant,pwith bintent to saveithse gigs ggigiiiiii-lnillmnhs