Page:United States Statutes at Large Volume 31.djvu/440

 388 FIFTY-SIXTH CONGRESS. SnSS. I. Ch. 786. 1900. defendant, wholly or partially, from the consequences contemplated by law, in case where the penalty or forfeiture is given, wholly or partly, to the person who prosecutes, shall not bar the recovery of the same by another person. r m§1i§ggf¤;§g¤l}es¤f BMS Sec. 332. Fines and forfeitures not specially granted or otherwise ` appropriated by law, when recovered, shall be paid to the clerk of the , district court. ‘ Whenever, by the provisions of aw, any property, real or personal, shall be forfeited to the United States, or to any officer for ~its use, the action for the recovery of such pro erty may be commenced wherever the defendant may be found, or wherever such property may be. CHAPTER THIRTY-FIVE. ACTIONS BY AND AGAINST PUBLIC oon1>oRATIONs AND ormonns. Sec.Sec. · 333. How actions may be maintained by 335. How pleadings of public corporappgggg corporations, and for what 336 Htions vgriiiedé _ t br .. OW ll [I1 I1 1I1S· I1 1C (SOI`- 334. Actions against public corporations, poralsiod saltisfigdé P S and what cause . E<>W?·¤*i¤¤¤m¤Yb*= Sec. 333. An action may be maintained b an inco orated town i£.6mrpIi»t£li1z1i§1°isi)’$.¤iiibii>lEschool district, or other public corporationyof like clllsliracter in thd wm Y‘“““°“· district in its corporate name, and upon a cause of action accruing to it in its corporate character, and not otherwise, in either of the following cases:. First. Uppn a contract made with such public corporation; Second. pon a liability prescribed by aw in favor of such public coriploration; · ird. To recover a. penalty or forfeiture given to such public corporation; ` Fourth. To recover damages for an injury to the corporate rights or roperty of such public corporation. u,;\Q}*,{°¤¤¤€%i¤¤*P¤b· Sino. 334. An action may be maintained a ainst any of the public rporauons, and. . . - . . . %‘ . . . for what causes. corporations In the d1str1ct mentioned In the ast preceding section In its corporate character, and within the scope of Its authority, or for an injury to the rights of the plaintiff arising from some act or omission of such public corporation. gggcrggedigasgogg Sec. 335. In such actions the pleadings of the public corporation {mm-1neaip° shall be verified by the chief officer representing it in its corporate capacity or by such other officer, agent, or attorney as he may designate, in the same manner as if such officer were a defendant in the action. ,g,§’,,,'{ ,§,,‘{,%§’§,$;,‘,,*f Sec. 336. If judgment be given for the recovery of money or damr¤f·i¤¤¤ Satisfied- ages against a public corporation, no execution shall issue thereon for the co ection of such money or damages, but such judgment in such reeipect shall be satisfied as follows: A irst. The party in whose favor such judgment is given may, at any time thereafter, when an execution might issue on a like judgment against a private person, present a_ certified transcript of the record thereof to the officer of such public corporation who is authorized to draw orders on the treasurer thereof;. Second. On thespresentation of such transcript, such officer shall draw an order on such treasurer for the amount of the judgment in favor of the party for whom the same was given., Thereafter such order shall be presented for payment, and paid, with like effect and in like manner as other orders upon the treasurer of such public corporation· , · Thixid. The certified transcript herein provided for Shall not be fur- _ nished by the clerk, unless at the time an execution might issue on such