Supreme Court may reverse or affirm order.

hearing.

(6526.) SEC. 14. On such appeal the Supreme Court may reverse, affirm, or modify any such order appealed from, in any particular complained of in the affidavit upon which the appeal is founded. They may, for that purpose, look into all the proceedings, and the facts as stated in the evidence returned on the appeal; and they May order a re- may order a rehearing of the whole matter, or any part thereof, before the judge making the order, or they may make such final order in the premises 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.

Final decree.

Receipt of officer holding execu

tion to be dis

charge of debt

debtor.

(6527.) SEC. 15. After the issuing of execution by any court against or for the taking of any property, any person indebted to due to judgment 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repealed.

(6528.) SEC. 16. Sections twenty-four and twenty-five of chapter of R. S. of 1846, ninety of the Revised Statutes of eighteen hundred and fortysix are hereby repealed; and after this act shall take effect no bill in equity shall be instituted or maintained, except such cases as may be then pending for the discovery of any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.'

Last section

repealed, with

etc.

An Act to re-enact sections twenty-four and twenty-five of chapter ninety of the Revised Statutes, and to repeal section sixteen of an act to prohibit the maintaining suits in equity, approved June 28, 1851.

[Approved February 12, 1855. Took effect May 16, 1855. Laws of 1855, p. 210.]

SECTION 1.2

(6529.) SEC. 2. Section sixteen of an act entitled "An act to saving of rights, prohibit the maintaining suits in equity by judgment 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 forty-six," approved June twentyeighth, eighteen hundred and fifty-one, is hereby repealed, reserv

See the act next following.

2 Re-enacts sections 24 and 25 of chapter 90 of R. S. of 1846, with an amendment, as given in chapter 115.

ing 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.'

CHAPTER CCIV.

PROCEEDINGS BY AND AGAINST INFANTS.

Chapter one hundred and fifteen of Revised Statutes of 1846.

R. S. of N. Y.,
Title 2, Chap. 8,

of Part 8.

Right of infant

2 Paige, 874.

(6530.) SECTION 1. When an infant shall have any right action to recover any real property or the possession thereof, or to bring suit. to recover any debt or damages, he shall be entitled to maintain 2 Doug. Mich.. a suit thereon; and the same shall not be deferred or delayed on account of such infant not being of full age.

480.

Next friend to be appointed.

12

Wendell, 164.
Wendell, 191.

2 Paige, 874.

(6531.) SEC. 2. Before any process shall be issued in the name of an infant who is sole plaintiff in any suit, a competent 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. (6532.) SEC. 3. Such appointment shall be made as follows: If the suit be intended to be brought in the circuit court, by any Appointment. judge thereof or circuit court commissioner."

pers.

(6533.) SEC. 4. It shall be made on the petition of the infant, Upon what paand the written consent of the person proposed to be next friend Paige, 874. to such infant, duly acknowledged before, or proved to the officer making the appointment.

'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.

2 As amended by Act 4 of the Laws of 1858, p. 4, approved January 29, 1858.

When bond may be required of next friend.

Where bond to be filed, etc.

Order to be filled.

Guardian for defendant.

How made.

Proceedings to compel appointment of guardian.

(6534.) 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.

(6535.) 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.

(6536.) 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.

(6537.) 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.

(6538.) 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 circuit judge, or any circuit court commissioner for the county.'

(6539.) SEC. 10. If such infant defendant neglect, for twenty 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 obtain an order from 7 Wendell, 489. 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.

Liability for

costs.

(6540.) 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 defense of such suit.

(6541.) SEC. 12. No person appointed guardian for the purpose 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.

1 Vide note to section 8 of this act.

CHAPTER CCV.

PROCEEDINGS

BY AND AGAINST CORPORATIONS
IN COURTS OF LAW.

Chapter one hundred and sixteen of Revised Statutes of 1846.

ions may sue in

this this State on givlaws costs.

ing security for

(6542.) SECTION 1. A foreign corporation, created by the laws of Foreign corporaany other State or country, may prosecute in the courts of State, in the same manner as corporations created under the of this State, upon giving security for the payment of the of suit, in the same manner that non-residents are required by law to do.

19 N. Y. 119,

costs 482.

21 N. Y. 542.

5 Wend. 478.

8 Wend. 481.

(6543.) SEC. 2. But when, by the laws of this State, any act is Exceptions. forbidden to be done by any corporation, or by any association 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.

corporations,

19 Mich. 386.

(6544.) SEC. 3. Suits against corporations may be commenced by suits against original writ of summons, or by declaration, in the same manner how commenced that personal actions may be commenced against individuals, and Sec. 6559. 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.

Proceeding on

return of process duly served.

(6545.) 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 corpora20 Conn. R., 447. tion; and in every such case where, by the existing provisions of law, the property of individual members of any such corporation vested in its corporate funds, or the shares of 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.'

(6546.) 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 incorporating 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 (6547.) SEC. 6. In suits brought by a corporation created by or under any statute of this State, it shall not be necessary to prove, on the trial of the cause, the existence of such corporation, unless the defendant shall have pleaded in abatement, or given notice under his plea to the action, that the plaintiffs are not a corporation, and annex thereto an affidavit of the truth of such plea or notice.

(6548.) SEC. 7. In actions by or against any corporation, created by or under any law of this State, it shall not be necessary to recite the act or acts of incorporation, or the proceedings by which such corporation was created, or to set forth the substance thereof; but

As amended by Act 223 of 1819, in force from June 1, 1849. Laws of 1849, p. 812.