Final decree. Receipt of officer holding Execu charge of debt debtor. and award such costs as justice may require; and such last named order shall have all the force and effect of a final decree in a Court of Equity, according to the laws existing at the time of the passage of this act; and may be recorded in the same manner, and enforced under such general or special rules as said Court may adopt. (4818.) SEC. 15. After the issuing of execution by any tion to be dis: Court against or for the taking of any property, any person due to judgment indebted to the judgment debtor may pay to the officer having the execution the amount of his debt, or so much thereof as shall be necessary to satisfy the execution, and the receipt of the officer having such execution shall be a sufficient discharge therefor. Sections 24 and 25, of Chapter 90 repealed. (4819.) SEC. 16. Sections twenty-four and twenty-five of of R. S. of 1846, chapter ninety, of the Revised Statutes of eighteen hundred and forty-six, are hereby repealed; and after this act shall take effect, no bill in equity shall be instituted or maintained, except such cases as may be then pending for the discovery of any property, money or things in action belonging to the defendant in such judgment, or held in trust for him. (a) Last Section re An Act to Re-enact Sections Twenty-Four and Twenty-Five of Chapter Ninety of the Revised [Approved February 12, 1855. Took effect May 16, 1855. SECTION 1. (b) Laws of 1855, p. 270] (4820.) SEC. 2. Section sixteen of an act entitled, "An ing of rights, etc. Act to prohibit the maintaining suits in Equity by Judgment pealed with sav. Creditor's bill, to provide a remedy at law in lieu thereof, and to repeal Sections twenty-four and twenty-five of Chapter ninety of the Revised Statutes of eighteen hundred and fortysix;" approved June 28, 1851, is hereby repealed, reserving all rights that may have accrued by virtue of any proceedings under said act: And, Provided, That all suits and proceedings heretofore commenced and now pending under the same, may be prosecuted as fully as if the same was not repealed. (c) (a) See the Act next following. (b) Re-enacts Sections 24 and 25, of Chapter 90 of R. S. of 1846, with an amendment, as given in Chapter 115. (c) The addition of this saving clause would seem to indicate a supposition on the part of the Legislature that the Act of June 28, 1851, was no longer in force, except for the purposes of completing proceedings commenced under it. It will be seen, however, that no part of it is repealed except the last Section. R. S. of N. Y., Right of infant to bring suit. (4821.) SECTION 1. When an infant shall have any right of action, to recover any real property or the possession thereof, 2 Paige, 374. or to recover any debt or damages, he shall be entitled to maintain a suit thereon; and the same shall not be deferred or delayed, on account of such infant not being of full age. (4822.) SEC. 2. Before any process shall be issued in the Next friend to be name of an infant who is sole plaintiff in any suit, a competent 11 Wendell, 164. and responsible person shall be appointed to appear as next friend for such infant in such suit, who shall be responsible for the costs thereof. appointed. 12 do 191. made. (4823.) SEC. 3. Such appointment shall be made as follows: By whom ap 1. If the suit is intended to be brought in the Circuit Court, pointment to be by any Judge thereof, or any Master in Chancery, or Circuit Court Commissioner; 2. If intended to be brought in the County Court, by the Judge thereof, or a Circuit Court Commissioner. (4824.) SEC. 4. It shall be made on the petition of the infant, Upon what paand the written consent of the person proposed to be nextPaige, 374 friend to such infant, duly acknowledged before, or proved to the officer making the appointment. When Bond may be required of next friend. Where Bond to be filed, etc. Order to be filed. Guardian for defendant. How appointed. Proceedings to compel appoint ment dian. (4825.) SEC. 5. Before any person shall be appointed next friend for an infant in any suit to recover any debt or damages, he shall, if required by the officer to whom application for such appointment shall be made, execute a bond to such infant, in a penalty at least double the amount claimed in such suit, with such sureties as shall be approved by such officer, conditioned that such next friend shall duly account to such infant for all moneys which may be recovered in such suit. (4826.) SEC. 6. Such bond shall be delivered to such officer before the appointment shall be made, and shall be by him filed in the office of the Judge of Probate of the county in which such infant resides; and such officer shall be entitled to receive from such next friend the fee allowed by law to such Judge of Probate for filing such bond, to be paid by him. (4827.) SEC. 7. The order for the appointment of a next friend shall be filed in the office of a Clerk or Register of the Court, before any declaration or bill shall be filed in such cause. (4828.) SEC. 8. After the issuing and service of process against any infant defendant, or the service of a declaration, if the suit be commenced by declaration, the suit shall not be any further prosecuted, until a guardian for such infant shall have been appointed. (4829.) SEC. 9. Such appointment shall be made upon the request of such defendant, and upon the written consent of any competent person proposed as guardian, by the Court, or any Master in Chancery, if the suit be commenced in Chancery, or by any Justice of the Supreme Court, or Circuit Court Commissioner, if the suit be commenced in the Circuit Court; and if commenced in the County Court, by the Judge thereof, or a Circuit Court Commissioner, and shall be filed in the office of a Register or Clerk of the Court before any plea or answer be put in. (4830.) SEC. 10. If such infant defendant neglect, for twenty of Guar days after the return day of the process, or service of the declaration by which the suit was commenced, to procure the appointment of a guardian to defend the suit, the plaintiff may 7 Wendell, 489. obtain an order from any Judge or officer of the Court mentioned in the preceding section, requiring such infant to procure the appointment of a guardian within ten days after the service of such order. Ibid. (4831.) SEC. 11. If a guardian be not appointed within the time specified in such order, the Judge or officer granting the same, shall appoint some discreet person to be guardian for such infant, in the defence of such suit. (4832.) SEC. 12. No person appointed guardian for the pur- Liability for costs. pose of defending a suit against an infant, shall be liable for the costs of such suit, unless specially charged by the order of the Court for some personal misconduct in such cause. tions may sue in ing security for (4833.) SECTION. 1. A foreign corporation created by the Foreign Corporalaws of any other State or country, may prosecute in the Courts this State on giv of this State, in the same manner as corporations created under costs. the laws of this State, upon giving security for the payment of the costs of suit, in the same manner that non-residents are required by law to do. (4834.) SEC. 2. But when, by the laws of this State, any act Exceptions. is forbidden to be done by any corporation, or by any associa tion of individuals, without express authority by law, and such act shall have been done by a foreign corporation, it shall not. be authorized to maintain any action founded upon such act, or upon any liability or obligation, express or implied, arising out of, or made or entered into in consideration of such act. (4835.) SEC. 3. Suits against corporations may be commenced Suits against Corby original writ of summons, or by declaration, in the same commenced. porations, how and 4846. See Sections 3701 manner that personal actions may be commenced against individuals, and such writ, or a copy of such declaration, in any suit against a corporation, may be served on the presiding officer, the Cashier, the Secretary, or the Treasurer thereof; or if there be no such officer, or none can be found, such service may be made on such other officer or member of such corporation, or in such other manner, as the Court in which the suit is brought may direct. Proceedings on return of process duly served. (4836.) SEC. 4. When such process, or a copy of such declaration with a notice of rule to plead, shall have been returned duly served, the appearance of the corporation shall be entered, and the plaintiff may proceed thereupon in such suit, in the same manner as in personal actions against natural persons. And when it may be necessary to institute suits against any corporation which may have ceased to do business, or to keep up its organization by the appointment of officers or otherwise, it shall be competent to serve any writ, declaration or other process in such suit, on either of the persons who may have been the last presiding officer, President, Cashier, Secretary or Treasurer thereof; and such service shall be as effectual to all intents and purposes as if made on such corporation; and in every such case where, by the existing provisions of law, the 20 Conn. R., 447. property of individual members of any such corporation vested in its corporate funds, or the shares or stock of any individual member in such corporation, are subject to be levied upon by virtue of any execution, attachment or other process, for the payment of his individual debts, such levy may be made by leaving with any of the persons aforesaid, or with the officer or person having the custody of the books of such corporation, an attested copy of such execution, attachment or process; and such property, funds or stock may be sold as is now provided. by law. (a) Measure of damages in certain cases (4837.) SEC. 5. When judgment shall be rendered against any incorporated bank, for the amount of any bills or other evidences of debt, payable absolutely, the payment of which shall have been refused by such bank, and no measure of damages shall be specified in the act incorporting such bank, the plaintiff shall recover interest on such amount from the time of such refusal, at the rate of ten per cent. a year, instead of the rate established by law. (a) As Amended by Act 223 of 1849, in foree from June 1, 1840. Laws of 1849, p. 312. |