§ 20. Action upon official bond or undertaking. Where a public officer is required to give an official bond or undertaking, and special provision is not made by law for the prosecution of the bond or undertaking, by or for the benefit of a person who has sustained by his default, delinquency or misconduct, an […]
§ 21. Application may be made ex parte. Such application may be made without notice; but in that case the officer, or either of his sureties, may apply upon notice, to vacate an order permitting the applicant to maintain an action, upon any ground showing that it ought not to have been granted.
§ 22. Proof to accompany application. The application must be accompanied with 1. A certified copy of the official bond or undertaking; 2. Proof by affidavit of the default or misconduct complained of, and that satisfaction of the same has not been received. 3. If the default consists of the non-payment of money, and the […]
§ 23. Order granting leave; action thereupon. Upon such an application, the court must grant an order, permitting the applicant to maintain an action upon the bond or undertaking. The action must be brought, in the court which granted the order, by the applicant as plaintiff; and it may be maintained, as if the applicant […]
§ 24. Successive actions. The same, or any other applicant, may, in like manner, either before or after judgment in the first action, obtain an order, permitting him to maintain another action, in the same court, upon the same bond or undertaking, for another default or misconduct. Any number of such orders may be successively […]
§ 25. Indorsement upon execution. Where an execution is issued upon a judgment, recovered against the public officer and any of his sureties, in an action, brought pursuant to this article, the plaintiff’s attorney must indorse thereon a direction to collect the same, in the first place out of the property of the public officer, […]
§ 26. Collection of execution; when a defence to subsequent action. It is a defence by a surety, against whom an action is brought upon an official bond or undertaking, that he, or any other surety or sureties, have been or will be compelled, for want of sufficient property of the public officer to pay, […]
§ 27. When claimants entitled to ratable distribution. If the aggregate amount of the liabilities, which might be recovered by actions upon an official bond or undertaking, as prescribed in this article, exceeds the sum for which the sureties are liable, the court must, upon the application of a person who has obtained leave to […]
§ 28. Receivers, assignees and trustees deemed public officers. A receiver, an assignee of an insolvent debtor, or a trustee or other officer, appointed by a court or a judge, is a public officer, within the meaning of this article; but where he was appointed by or pursuant to the order of a court, or […]
