Page:United States Statutes at Large Volume 31.djvu/443

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 391 bail in the same mannerand with the like effect as in other actions where the deéegndaitt is subject to arrest. d; »d f d. . ._.. A Sec.  vera c rsons ma e joine as e en ants inan action Actions esainstspvfor the causes speciiligd in subdivision one of sectionthree hundred gidiepgisfirliiigilisiiiiing and forty,. and in such-xaction their respective rights to such office o1· franchise ma <be determined. · Sec. 347. hena defendant, whether a natural person or a corpora- Judmenégégggt tion, against whom an action has been commenced or any of the causes iiii$YK°1¤ii. Y s iiied in subdivision one of section threehundred and foatfy, is dl;/dimmed to be guiltyof usurping,. or intruding into, or unla ully. holding or exercising any. omcefor franchise, judgment shall be. given that such defendant-be excluded therefrom. The courtmay also in 1ts discretionimpose a iine upon the defendant not exceeding two thousand dollars. » s c · ’. Sec.  If it be determined that a corporation against which an J¤<1s¤g¤¤¢¤s¤-i¤¤¢ action has been commenced pursuant to this chapter has forfeited its °°rp°m °°' co oraterights, privileges, and franchises, judgment shall be given that suizvh coiéporation be excluded therefrom, an that thecorporation be di§01vB·tl;9 If di tb 1 t hi  ff? .fid8 ’° _ nc.3. ju men e ivena instaco oraionteeeco *>PY° ¤¥¤°¤_ which is that such iorporatiogi ceasesalgilzlo exist, olpwhereby any letters wu °° b°m°d` patent are determined to be vacated or annulled, it shall be the. duty of . the United States attorney to cause acopy of the judgment roll to be filed with the officer issuing the certificate of corporation orthe letters patent to such corporation. . ’ V _. Sec. 350. A ju gment given in any action provided for in this foggy 5¤<i&'¤¤¤¤*= wi chapter in respect to costs and disbursements, may be enforced by 5` execution as a judgment which requires the pa*yment of money, and in all other respects obedience thereto may be en orced by attachment of the body of the defendant, or,‘if the defendant be a corporation, the`,_,_' bodyof any or all of the officers or members of such--corporation refus- ‘ ing or neglecting obedience thereto. · CHAPTER THIRTY-SEVEN.· or »AcT1oNs-BY AND AGAINST nxEoUTOns on ADmN1sTnAToB.s. Sec. l. Sec._ 4 351. Whatcauses of action do not survive. i 357. Executor of his own wrong not lia- 352. What causes of action do survive. , ble as such. - · 353. When adeath ensues from an in- 358. When action may be commenced . . jury. against executor or administrator. 354. Representatives regardedasone per- 359. Claim must be presented before ac- , son. . a _ tion can be commenced. 355. When judgment for want of answer 360. When provisional remedies allowed A is evidence of assets.- s against executors or administra- 356. Effect of inventory as evidence, and tors. , · how it may be contradicted or - avoided. 1 _ 4 Sec. 351. -A cause of action arising out of an injury to the person ,W1g¤t <=¤¤¤¤¤ of ecdies with the person- of either party, except as provided in section er .° °°tmm°' three hundred and. fifty-three; but the p1‘0V1SlOl1S of this chapter shall not be construed so as toabatc the action mentioned in section thirty- six, or to defeat or prejudice the right of action given iby section thirty·0ne .`·.· Sec.·352. All other causes of action by one person against another, m‘X*j,¤g> gr¤$1%§g°* °·°· whether arising on contract or otherwise, survive to the personal rep-` resentatives-of the former and against the personal representatives of the latter; When the cause of action survives, as herein provided, the executors or administrators may maintain an action thereon a ainst the party against whom the cause of action accrued, or,_after~his death, against his personal representatives.