§ 1908. The last section qualified. The last section does not apply to a libel, contained in the heading of the report; or in any other matter, added by any person concerned in the publication; or in the report of anything said or done, at the time and place of the public and official proceedings, which was not a part thereof. From Id. ARTICLE FIFTH. Miscellaneous Actions and Rights of Action. 6EC. 1909. When transferee of claim or demand may sue. 1910. What claims or demands may be transferred. 1912. Judgment; when assignable. 1913. Action upon judgment regulated. 1914. Ancillary action for discovery abolished. 1915. Action upon a penal bond. 1916. Action by surety or trustee to recover costs, etc. 1918. The last section qualified. Rights of de § 1909. When transferee of claim or demand may su Kights of defendant, etc. Where a claim or demand can be transferred. the transfer thereof passes an interest, which the transferee may enforce by an action or special proceeding, or interpose as a defence or counter-claim, in his own name, as the transferor might have done; subject to any defence or counter-claim, existing against the transferor, before notice of the transfer, or against the transferee. But this section does not apply, where the rights or liabilities of a party to a claim or demand, which is transferred, are regulated by special provision of law; nor does it vary the rights or liabilities of a party to a negotiable instrument, which is transferred. From Co. Proc. §§ 111 and 112. See 502. § 1910. What claims or demands may be transferred. Any claim or demand can be transferred, except in one of the following cases: 1. Where it is to recover damages for a personal injury, or for a breach of promise to marry. 2. Where it is founded upon a grant, which is made void by a statute of the State; or upon a claim to or interest in real property, a grant of which by the transferor, would be void by such a statute. 3. Where a transfer thereof is expressly forbidden by a statute of the State, or of the United States, or would contravene public policy. From Id., " Personal Injury," includes libel, etc., see § 3343, sub. 9. § 1911. Id.; cause of action for usury. A cause of action to cancel, or otherwise affect, an instrument executed, or an act done, as security for a usurious loan or forbearance, can be thus transferred, where the instrument or act creates a specific charge upon property, which is also transferred in disaffirmance thereof, and not otherwise; but, in that case, the transferee does not succeed to the right, conferred by statute upon the borrower, to procure relief, without paying, or offering to pay, any part of the sum or thing loaned. § 1912. Judgment; when assignable. A judgment for a sum of money, or directing the payment of a sum of money, recovered upon any cause of action, may be transferred; but if it is vacated or reversed, the transfer thereof does not transfer the cause of action, unless the latter was transferable before the judgment was recovered. § 1913. Action upon judgment regulated. Except in a case where it is otherwise specially prescribed in this act, an action upon a judgment for a sum of money, rendered in a court of record of the state, can not be maintained between the original parties to the judgment, unless, either: 1. Ten years have elapsed since the docketing of such judgment; or, 2. It was rendered against the defendant by default, for want of an appearance or pleading and the summons was served upon him otherwise than personally; or, 3. The court in which the action is brought has previously made an order granting leave to bring it. Notice of the application for such an order must be given to the adverse party, or the person proposed to be made the adverse party, personally, unless it satisfactorily appears to the court that personal notice can not be given with due diligence, in which case notice may be given in such a manner as the court di rects. From Co. Proc. § 71. Am'd by ch. 568 of 1896. § 1914. Ancillary action for discovery abolished. An action cannot be maintained to obtain a discovery under oath, in aid of the prosecution or defence of another action. From Co. Proc. § 389. § 1915. Action upon a penal bond. A bond in a penal sum, executed within or without the State, and containing a condition to the effect, that it is to be void, upon performance of any act, has the same effect, for the purpose of maintaining an action or special proceeding, or two or more successive actions or special proceedings thereupon, as if it contained a covenant to pay the sum, or to perform the act, specified in the condition thereof. But the damages to be recovered for a breach, or successive breaches, of the condition, cannot, in the aggregate, exceed the penal sum, except where the condition is for the payment of money; in which case they cannot exceed the penal sum. with interest thereupon, from the time when the defendant made default in the performance of the condition. § 1916. Action by surety or trustee to recover costs, etc. A surety, including a drawer or endorser, may recover, in an action against his principal; and an executor, administrator or other trustee, may, where the trust estate is insufficient to re-imburse him; recover in an action against the beneficiary whom he represents; his reasonable costs and other expenses, incurred necessarily and in good faith, in the prosecution or defence, by the express or implied consent of the principal or beneficiary, of an action or special proceeding, relating to the demand secured, or to the trust estate, as the case requires. This section does not affect any special agreement relating to those costs and expenses. From ch. 314 of 1858, § 3 (4 Edm. 483). § 1917. Action upon lost negotiable paper. Where it appears, upon the trial of an action, that a negotiable promissory note or bill of exchange, upon which the action, or a counterclaim interposed in the action, is founded, was lost, while it belonged to the party claiming the amount due thereupon, he may prove the contents thereof, by parol or other secondary evidence, and may recover or set-off the amount due thereupon, as if it was produced. But for that purpose, he must give to the adverse party a written undertaking, in a sum fixed by the judge or the referee, not less than twice the amount of the note or bill, with at least two sureties, approved by the judge or the referee, to the effect that he will indemnify the adverse party, his heirs and personal representatives, against any claim by any other person, on account of the note or bill, and against all costs and expenses, by reason of such a claim. From 2 R. S. 406, Part 3, ch. 7, tit. 3, §§ 75 and 76 (2 Edm. 423). 1918. The last section qualified. But where an action is prosecuted or defended by the people of the State, or by a public officer in their behalf, the people, or the public officer, may prove the contents of a lost note or bill of exchange, by parol or other secondary evidence, and may recover or set-off the amount due thereupon, without giving any security to the adverse party. From ch. 85 of 1855 (4 Edm. 645). TITLE V. Other actions by or against particular parties. ARTICLE 1. Action by or against an unincorporated association. 2. Actions by or against certain county, town, and municipal officers. 3. Actions, and rights of action, against and between joint debtors. ARTICLE FIRST. Action by or against an Unincorporated Association. SEC. 1919. Actions, etc., by or against associations of seven or more persons. 1920. Proceedings in case of death, etc. 1921. Effect of judgment; execution thereupon. 1922. Subsequent action against members. 1923. This article permissive; effect upon statute of limitations. § 1919. Actions, etc., by or against associations of seven or more persons. An action or special proceeding may be maintained, by the president or treasurer of an unincorporated association, consisting of seven or more persons, to recover any property, or upon any cause of action, for or upon which all the associates may maintain such an action or special proceeding, by reason of their interest or ownership therein, either jointly or in common. An action may likewise be maintained by such president or treasurer to recover from one or more members of such association his or their proportionate share of any moneys lawfully expended by such association for the benefit of such associates, or to enforce any lawful claim of such association against such member or members. An action or special proceeding may be maintained, against the president or treasurer of such an association, to recover any property, or upon any cause of action, for or upon which the plaintiff may maintain such an action or special proceeding, against all the associates, by reason of their interest or ownership or claim of ownership therein, either jointly or in common, or their liability therefor, either jointly or severally. Any partnership, or other company of persons, which has a president or treasurer, is deemed an association within the meaning of this section. From ch. 258 of 1849, § 1 (4 Edm. 650), and ch. 455 of 1851 (4 Edm. 652). Am'd by ch. 184 of 1900. § 1920. Proceedings in case of death, etc. The death or legal incapacity of a member of the association does not affect an action or special proceeding, brought as prescribed in the last section. If the officer, or against whom it is brought, dies, is removed, resigns, or becomes otherwise incapacitated, during the pendency thereof, the court must make an order, directing it to be continued by or against his successor in office, or any other officer, by or against whom it might have been originally commenced. From 2 of the Act of 1849. § 1921. Effect of judgment; execution thereupon. In such an action, the officer against whom it is brought cannot be arrested; and a judgment against him does not authorize an execution |