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insolvency of his principal, he will be obliged to pay to that extent on judgments already recovered against the surety. And the recovery against a surety must, in all cases, be limited by the amount of his undertaking.

§ 1027. Upon the execution issued on a judgment, recovered upon the official security of a public officer against him and a surety, there must be endorsed a direction to the officer, to whom the execution is delivered, to collect the same out of the property of the principal, if sufficient can be found, and if not, then to collect it out of the property of the surety.

§ 1028. If there be several judgments on which executions are, at the same time, in the sheriff's hands, against a public officer and his sureties, amounting in the aggregate to a sum greater than that, for which the sureties are liable, the court must, on their application, limit the amount to be collected of them, to the amount of their respective liabilities, and may cause the same to be applied on the judgments or executions, in proportion to such amounts.

§ 1029. Actions for fines and forfeitures, may be prosecuted by the officers or persons, to whom they are by law given, or who, by special provision of law, are authorised to recover them; and whether prosecuted by public officers, or by private persons, are governed by the same rules as other civil actions, except as otherwise specified in this chapter.

§ 1030. When an action is brought for a penalty, which is limited by law, not to exceed a certain amount, the action may be brought for that amount; and upon the trial, the amount recovered, must be determined in proportion to the offence.

§ 1031. A recovery of a judgment, for a penalty or a forfeiture, by collusion between the parties, with intent to save the defendant from the consequences contemplated by law, in a case where the penalty or forfeiture is given, wholly or partly, to the prosecutor, does not prevent the recovery of the same by another person.

§ 1032. Fines and forfeitures, not specially granted or appropriated by law, must be paid into the treasury of the state; and whenever by the provisions of law, any property, real or personal, is forfeited to the people of this state, or to any officer for their use, an action for the recovery of such property, alleging the grounds of the forfeiture, may be brought by the proper officer, in the supreme court.

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1034. In what cases official persons may sue.

1035. When special department of corporation sues.

1036. Actions against same official persons.

1037. For acts of their own or their predecessors.

1038. When the municipal body is sued, judgment to be presented to board of supervisors.

1039. Supervisors must include it in tax list.

1040. Treasurers must pay judgment against county.
1041. Supervisor or overseer must pay for town.
1042. Execution not to issue until after demand.
1043. Judgments against town officers, how paid.

This chapter is substituted for the provisions of the Revised Statutes, on the same subject, (art. 4, title 4, ch. 8, part 3,) adapting them to the new system of procedure. It, however, embraces a class of officers, who by special statutes in city charters, are authorized to sue, and contains some new features for the better attainment of the same remedies.

§ 1033. The following officers may prosecute actions in their official capacity:

The board of supervisors of a county;

The loan officers and commissioners of loans of a county;

The superintendents of the poor of a county;

The supervisor of a town;

The overseers of the poor of a town;

The commissioners of highways of a town;

The commissioners of common schools of a town;

The trustees of a school district;

The trustees of gospel and school lots; and

Any organized department of a municipal corporation having a board of officers, in charge of a particular branch public service, and specially authorized by statute to of prosecute. In such action, the plaintiffs may be designated by their official name, or the action may be brought in the name of the body, in whose behalf the action is brought.

§ 1034. Every such action must be either,

1. On a contract made with them in their official capacity; or,

2. To enforce a liability, or a duty enjoined by law, in favor of such officers, or the body represented by them; or,

3. To recover a penalty or forfeiture given to such officers or body; or,

4. To recover damages for an injury to their official rights or property.

§ 1035. When an organized department of a municipal corporation is authorized by statute to sue, it shall, for purposes of the action, be deemed the real party in interest, though the corporation, of which it is a department, be the party ultimately to be benefited by the action, or responsible for any loss incurred therein.

§ 1036. An action may be brought against the officers mentioned in section 1033, in their official capacity, or [CIVIL CODE.]

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against the body they represent, either upon a contract made by such officers, in their official capacity, and within the scope of their authority, or for an injury to the rights of the plaintiff, arising from some act or omission of such officers, or of the body represented by them.

§ 1037. The actions authorised by this chapter may be brought by or against the officers mentioned in section 1033 upon a cause of action, which accrued during the term of their predecessors, as well as during their own term of office, and when brought, may be continued by, or against, the successors in office of the parties, whose names may, for that purpose, be substituted in the action.

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§ 1038. If judgment, for the recovery of money, rendered against a county, or the board of supervisors, or superintendents of the poor, of a county, or against a town, or the supervisor or overseers of the poor of a town, on account of the liability of such county or town, and the judgment be not satisfied, or proceedings thereon stayed by appeal or otherwise, before the next annual meeting of the board of supervisors of the county, a certified copy of the docket of the judgment, may be presented to the board of supervisors at their annual meeting.

§ 1039. The board of supervisors must thereupon cause the amount due on the judgment, with interest,

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