CHAPTER 119. SEC. 33. Such receivers shall also account from time to time in the TITLE XXIV. same manner, and with the like effect, for all moneys which shall come to their hands after the rendering of such account as hereinbe- Further accounts fore provided, and for all moneys which shall have been retained by to be rendered. them for any of the purposes hereinbefore specified, and shall pay into court all unclaimed dividends. cepted. SEC. 34. The provisions of this chapter shall not extend to any in- Corporations excorporated library or lyceum society; to any religious corporation, or any incorporated academy or select school; nor to the proprietors of any burying ground incorporated under the laws of this state. corporation not SEC. 35. The dissolution of a corporation by a decree of the court, Dissolution of or by the expiration of its charter, or otherwise, shall not abate any to abate suit, &c. suit or proceedings in favor of such corporation which shall have been pending at the time of such dissolution; but all such suits or proceedings may be continued by the receivers who shall have been appointed for such corporation by the court, or by the trustees on whom the estate and effects of such corporation shall have devolved, in the name of such corporation, or in the names of such receivers or trustees, who may be substituted as plaintiffs under the direction of the court in which the suit shall be pending, and subject to such order as the court may deem expedient, in relation to the payment or security of costs. SEC. 36. Whenever a receiver of the property and effects of a cor- New suits by reporation has been appointed before its dissolution, or afterwards, new ceivers. suits may be brought and carried on by any such receivers, either in their own names, or in the name of the corporation for which they shall have been appointed. to abate by death, SEC. 37. No suit commenced in the name of any such receiver, Suit commenced shall be abated by his removal or death; but the same may be con- by receivers, not tinued in the name of the remaining receiver, if there be one, or in &c. the name of the successor of the receiver so removed or deceased, or of the corporation, as may be directed by the court in which the suit may be pending. porations dissolv. SEC. 38. The court in which any suit or proceeding against a cor- Suits against corporation which shall have been dissolved by a decree in chancery or ed, how contin otherwise, shall be pending at the time of such dissolution, shall have ued. power, on the application of either party thereto, to make an order for the continuance of such suit or proceeding, and the same may thereafter be continued until a final judgment or decree shall be had therein. CHAPTER 119. OF PROCEEDINGS BY AND AGAINST PUBLIC BODIES, HAVING CERTAIN ING THEM. SECTION 1. In all cases not otherwise provided by law, actions Actions by cermay be brought by the board of supervisors of a county; by county tain public offisuperintendents of the poor; by supervisors of townships; by directors of the poor of the several townships; by inspectors of pri cers. TITLE XXIV. CHAPTER 118. Proceedings thereon. Debts not exhibited. Distribution of holders. same manner as herein prescribed in relation to the first dividend, and no other shall be made thereafter among the creditors of such corporation, unless ordered by the court, except to the creditors having suits against it, or against the receivers, pending at the time of such second dividend, and except of the moneys which may be retained to pay such creditors; but every creditor who shall have neglected to exhibit his demand before the first dividend, and who shall deliver his account to the receivers before such second dividend, shall receive the sum he would have been entitled to on the first dividend, before any distribution be made to the other creditors. SEC. 25. After such second dividend shall have been made, the receivers shall not be answerable to any creditor of such corporation, or to any person having claims against such corporation, by virtue of any open or subsisting engagement, unless the demand of such creditor shall have been exhibited, and the engagements upon which such claims are founded, shall have been presented to the said receivers, in detail and in writing, before or at the time specified by them in their notice of a second dividend. SEC. 26. After a final dividend is made, and the debts of any such surplus to stock corporation are paid, if there shall remain any surplus in the hands of the receivers, they shall distribute the same among the stockholders of such corporation, in proportion to the respective amounts paid by them, severally, on their shares of stock. Disposition of SEC. 27. When any suit pending at the time of the final dividend, moneys retained. shall be terminated, they shall apply the moneys retained in their hands for that purpose, to the payment of the amount recovered, and their necesssry costs and expenses; and if nothing shall have been recovered, they shall distribute such moneys, after deducting their expenses and costs, among the creditors and stockholders of the corporation, in the same manner as herein directed in respect to a second dividend. Receivers subject to control of court, &c. Account by receivers. Previous notice thereof. Duty of master on reference to him. Settlement of ac SEC. 28. The receivers shall be subject to the control of the court, and may be compelled to account at any time; they may be removed by the court, and any vacancy created by such removal, or by death or otherwise, may be supplied by the court. SEC. 29. Within three months after the time herein prescribed for making a second dividend, the receivers shall render a full and accurate account of their proceedings to the court, which shall be referred to a master to examine and report thereon. SEC. 30. Previous to rendering such account, the receivers shall insert a notice of their intention to present the same, once in each week for three weeks successively, in such paper as the court may direct, and in a newspaper of the county in which notices of dividends are herein required to be published, if there be one, specifying the time and place at which such account will be rendered. SEC. 31. The master to whom such account shall be referred, shall hear and examine the proofs, vouchers and documents offered for or against such account, and shall report thereon fully to the court. SEC. 32. Upon the coming in of such report, the court shall hear count; its effect. the allegations of all concerned therein and shall allow or disallow such account, and decree the same to be final and conclusive upon all the creditors of such corporation, upon all persons who have claims against it upon any open or subsisting engagements, and upon all the stockholders of such corporation. CHAPTER 119. SEC. 33. Such receivers shall also account from time to time in the TITLE XXIV. same manner, and with the like effect, for all moneys which shall come to their hands after the rendering of such account as hereinbe- Further accounts fore provided, and for all moneys which shall have been retained by to be rendered. them for any of the purposes hereinbefore specified, and shall pay in to court all unclaimed dividends. SEC. 34. The provisions of this chapter shall not extend to any in- Corporations excorporated library or lyceum society; to any religious corporation, cepted. or any incorporated academy or select school; nor to the proprietors of any burying ground incorporated under the laws of this state. corporation not SEC. 35. The dissolution of a corporation by a decree of the court, Dissolution of or by the expiration of its charter, or otherwise, shall not abate any to abate suit, &c. suit or proceedings in favor of such corporation which shall have been pending at the time of such dissolution; but all such suits or proceedings may be continued by the receivers who shall have been appointed for such corporation by the court, or by the trustees on whom the estate and effects of such corporation shall have devolved, in the name of such corporation, or in the names of such receivers or trustees, who may be substituted as plaintiffs under the direction of the court in which the suit shall be pending, and subject to such order as the court may deem expedient, in relation to the payment or security of costs. SEC. 36. Whenever a receiver of the property and effects of a cor- New suits by reporation has been appointed before its dissolution, or afterwards, new ceivers. suits may be brought and carried on by any such receivers, either in their own names, or in the name of the corporation for which they shall have been appointed. to abate by death, SEC. 37. No suit commenced in the name of any such receiver, Suit commenced shall be abated by his removal or death; but the same may be con- by receivers, not tinued in the name of the remaining receiver, if there be one, or in &c. the name of the successor of the receiver so removed or deceased, or of the corporation, as may be directed by the court in which the suit may be pending. porations dissolv ued. SEC. 38. The court in which any suit or proceeding against a cor- Suits against corporation which shall have been dissolved by a decree in chancery or ed, how contin otherwise, shall be pending at the time of such dissolution, shall have power, on the application of either party thereto, to make an order for the continuance of such suit or proceeding, and the same may thereafter be continued until a final judgment or decree shall be had therein. CHAPTER 119. OF PROCEEDINGS BY AND AGAINST PUBLIC BODIES, HAVING CERTAIN ING THEM. SECTION 1. In all cases not otherwise provided by law, actions Actions by cermay be brought by the board of supervisors of a county; by county tain public offi superintendents of the poor; by supervisors of townships; by di- cers. rectors of the poor of the several townships; by inspectors of pri TITLE XXIV. CHAPTER 119. In what names actions to be brought. On contracts with predeces. Bors. Actions against certain officers and bodies. On contracts of predecessors. Not abated by death, &c., of officers. mary schools, and commisioners of highways of the several townships, and by assessors of school districts, upon any contract lawfully made with them or their predecessors in their official character, or to enforce any liability, or any duty enjoined by law, to such officers or the body which they represent, and to recover damages for any injuries done to the property or rights of such officers, or of the bodies represented by them. SEC. 2. Such actions, when brought by any board of supervisors, shall be in the name of such board as provided by law; when brought by any supervisor in behalf of his township, they shall be brought in the name of such township; when brought by superintendents of the poor, inspectors of primary schools, commissioners of highways, or directors of the poor, or by any other officers authorized to sue in their name of office, they shall be brought in the name of their respective offices, without naming the persons holding the same, and when brought by the assessor or other person representing a school district, they shall be brought in the name of such district. SEC. 3. Such actions may be brought by such officers, notwithstanding the contract or obligation on which the same is founded, may have been made with or to any predecessors of such officers, and notwithstanding any right of action may have accrued previous to the time when the officers commencing such suit entered upon the execution of the duties of their office. SEC. 4. Actions against any of the officers or bodies named in the second section of this chapter, shall be brought against them by the same name in which such officers or bodies are respectively authorized to sue, and such actions may be commenced and prosecuted to final judgment, in the same manner, as near as may be, as actions against individuals, except as otherwise is or shall be provided by law. SEC. 5. When any contract shall have been entered into, or any liability incurred, by or in behalf of any county or township, by any officer thereof, within the scope of his authority, the same remedies may be had after the termination of his office, and process may be served in the same manner upon any successor of such officer, as if he had continued in office. SEC. 6. No suit commenced by or against any officers named in this chapter, or the bodies represented by them, shall be abated or discontinued by the death of such officers, their removal from, or resignation of their offices, or the expiration of their term of office; but such suit shall be prosecuted or defended by their successors in such office, in the same manner as if no such change had taken place. SEC. 7. When a judgment shall be recovered against any towntownships, &c., ship, or against any township officers in an action prosecuted by or against them in their name of office, no execution shall be awarded or issued upon such judgment, but the same, unless reversed, shall be levied and collected as other township charges; and when so collected, shall be paid by the township treasurer to the person to whom the same shall have been adjudged upon the delivery of a proper Judgment against how collected. voucher therefor. CHAPTER 120. OF SUITS AGAINST SHERIFFS AND OTHER OFFICERS ON THEIR OFFICIAL BONDS. TITLE XXIV. CHAPTER 120. bond of sheriff. SECTION 1. Whenever a sheriff shall have become liable for the Action on official escape of any prisoner committed to his custody, or whenever he shall have been guilty of any default or misconduct in his office, the party injured thereby may prosecute an action therefor, upon the official bond of such sheriff, in the name of the people of the state of Michigan, stating in the process, pleadings, proceedings and record in such action, that the same is brought for the use or benefit of such party; and such party shall be deemed the plaintiff in such action. SEC. 2. In such action the same pleadings and proceedings shall Pleadings, &c., be had, as are provided by law in the case of suits upon bonds with other conditions than for the payment of money, except as herein otherwise provided, and judgments shall be rendered for the defendants in the like cases. therein. cies not attected. SEC. 3. But such judgment shall not be a bar to any other suit that Other delinquen may be brought on the same official bond by the same plaintiff, for any other delinquency or default of such sheriff, than such was assigned as a breach of the condition of such bond, in the action in which such judgment was rendered. SEC. 4. During the pendency of any suit upon such official bond, or af- Other partics ter judgment rendered in such suit, any other party aggrieved by the de- may sue. fault or delinquency of such sheriff, may, in like manner, prosecute an action upon such official bond; and the pendency of any other suit on the same bond, or a judgment recovered by or against any other person on such bond, shall not abate, or in any manner affect such suit, or the proceedings therein, except as hereinafter provided. SEC. 5. Any person who may have recovered any judgment upon such When same official bond, may, in like manner, prosecute upon such bond, whenever he is aggrieved by any other default or delinquency than such as shall have been the subject of the former action, and shall proceed therein in like manner as hereinbefore provided. SEC. 6. No scire facias shall be brought upon any judgment rendered upon such official bond, by the party for whose use such judg ment was obtained, or by any other person, for any breach of the condition of such bond. plaintff may suc. Scire facias not to be brought, Such actions to vate suits. SEC. 7. Every suit brought upon such official bond, and every judg ment rendered therein, shall be deemed the private suit and judgment be deemed pri of the party for whose use the same shall be brought or obtained; and such suit may be discontinued, and such person may be non-suited as in private suits; and the judgment therein may be canceled and discharged by such person, in the same manner as if he were the nominal plaintiff, and shall be deemed satisfied in the same cases as judgments by individuals. plaintiff in inter SEC. 8. If the suit be discontinued, or the person for whose use the Judgment against same was brought be non-suited, or judgment be rendered for the de- est... fendants, upon verdict, demurrer or otherwise, costs shall be awarded against such person as if he were the nominal plaintiff, and judgment shall be rendered for such costs, and execution awarded against him thereon in the same manner. SEC. 9. No such suit shall be barred, nor shall the amount which |