§ 1904. The damages awarded to the plaintiff may be such a sum, not exceeding five thousand dollars, as the jury, upon a writ of inquiry, or upon a trial, cr, where issues of fact are tried without a jury, the court or the referee, deems to be a fair and just compensation for the pecuniary injuries, resulting, from the decedent's death, to the person or persons, for whose benefit the action is brought. When final judgment for the plaintiff is rendered, the clerk must add to the sum so awarded, interest thereupon from the decedent's death, and include it in the judgment. The inquisition, verdict, report, or decision, may specify the day from which interest is to be computed; if it omits so to do, the day may be determined by the clerk upon affidavits. § 1905. The term, "next of kin," as used in the foregoing sections, has the meaning specified in section one thousand eight hundred and seventy of this act. § 1906. In an action of slander, brought by a woman, for words imput. ing unchastity to her, it is not necessary to allege or prove special damages. If the plaintiff is married, the damages recovered are her separate property. § 1907. An action, civil or criminal, cannot be maintained against a reporter, editor, publisher, or proprietor of a newspaper, for the publication therein of a fair and true report of any judicial, legislative, or other public and official proceedings, without proving actual malice in making the report. § 1908. 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 any thing said or done, at the time and place of the public and official proceedings, which was not a part thereof. ARTICLE FIFTH. MISCELLANEOUS ACTIONS AND RIGHTS OF ACTION. 1909. When transferee of claim or demand may sue. Rights of defendant, etc. 1910. What claims or demands may be transferred. 1911. Id.; cause of action for usury. 1912. Judgment; when assignable. 1913. Action upon judgment regulated. § 1914. Ancillary action for discovery abolished. 1915. Action upon a penal bond. 1917. Action upon lost negotiable 1918. The last section qualified. § 1909. 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 counterclaim, in his own name, as the transferor might have done; subject to any defence or counterclaim, 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 regu. lated by special provision of law; nor does it vary the rights or liabilities of a party to a negotiable instrument, which is transferred. 1910. 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 196 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. § 1911. 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, er offering to pay, any part of the sum or thing loaned. § 1912. A judgment for a sum of money, or directing the payment of a sum of money, recovered upon any case 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. 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, cannot be maintained, between the original parties to the judgment, unless, eicher 1. 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 2. 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 cannot be given, with due diligence; in which case, notice may be given in such a manner as the court directs. § 1914. An action cannot be maintained, to obtain a discovery under ath, in aid of the prosecution or defence of another action. 1915. 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 perform ance 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. A surety, including a drawer or indorser, may recover, in an action against his principal; and an executor, administrator, or other trustee, may, where the trust estate is insufficient to reimburse 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. 1917. Where it appears, upon the trial of 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 anv claim by any other person, on account of the note or bill, and against all costs and expenses, by reason of such a claim. § 1918. 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. 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. 8. Actions, and rights of action, against and between joint debtors. ARTICLE FIRST. ACTION BY OR AGAINST AN UNINCORPORATED ASSOCIATION. 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 mem bers. 1923. This article permissive; effect upon statute of limitations. 1924. When objection of misnomer etc., of parties not available § 1919. An action or special proceeding may be maintained, by the pr ident 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 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 nterest or ownership, or claim of ownership therein, either jointly or in common, or their liability therefor, either jointly or severally. Any partership, or other company of persons, which has a president or treasurer, is leemed an association, within the meaning of this section. § 1920. The death or legal incapacity of a member of the association loes not affect an action or special proceeding, brought as prescribed in he last section. If the officer, by or against whom it is brought, dies, is emoved, resigns, or becomes otherwise incapacitated, during the pendency hereof, the court must make an order, directing it to be continued by or gainst his successor in office, or any other officer, by or against whom it light have been originally commenced. § 1921. In such an action, the officer against whom it is brought cannot e arrested; and a judgment against him does not authorize an execution to be issued against his property, or his person; nor does the docketing thereof bind his real property or chattels real. Where such a judgment is for a sum of money, an execution issued thereupon must require the sheriff to satisfy the same, out of any personal property belonging to the associa tion, or owned, jointly or in common, by all the members thereof, omitting any direction respecting real property. § 1922. Where an action has been brought against an officer, or a counterclaim has been made, in an action brought by an officer, as pre scribed in the last three sections, another action, for the same cause, sha not be brought against the members of the association, or any of the until after final judgment in the first action, and the return, wholly o partly unsatisfied or unexecuted, of an execution issued thereupon. After such a return, the party in whose favor the execution was issued, may maintain an action, as follows: 1. Where he was the plaintiff, or a defendant recovering upon a counter claim, he may maintain an action against the members of the association or, in a proper case, against any of them, as if the first action had not beer brought, or the counterclaim had not been made, as the case requires; and he may recover therein, as part of his damages, the costs of the first action or so much thereof, as the sum, collected by virtue of the execution, was insufficient to satisfy. 2. Where he was a defendant, and the case is not within subdivision first of this section, he may maintain an action, to recover the sum remain ing uncollected, against the persons who composed the association, when the action against him was commenced, or the survivors of them. But this section does not affect the right of the person, in whose favor the judgment in the first action was rendered, to enforce a bond or under taking, given in the course of the proceedings therein. § 1923. This article does not prevent an action from being brought b or against all the members of an association, except as prescribed in the last section. Where an action is brought against the members of ti association, as prescribed in subdivision first of the last section, the tim between the commencement of the action by or against the officer, and the return of the first execution issued upon the final judgment rendered there in, is not a part of the time limited by law, for the commencement of the second action. § 1924. Section one thousand eight hundred and tairteen of thi act applies to an action brought, as prescribed in the last section but one against the members of anv association, which keeps a book for the entry of changes in the membership of the association, or the ownership of in property; and to each book so kept. ARTICLE SECOND. ACTIONS BY OR AGAINST CERTAIN COUNTY, TOWN, AND MUNICIPAL OFFICERS 1925. Action by a taxpayer against a § 1929. Designation of such officers public officer. 1926. Actions by certain county, town, and municipal officers. 1927. Actions against such officers. 1928. The last two sections qualified the summons, etc. 1930. Successor may be substituted 1931. When execution against office not to issue. § 1925. [am'd 1892.] An action to obtain a judgment preventi waste of, or injury to, the estate, funds, or other property of county, town, city, or incorporated village of the State, may be maintained against any officer thereof, or any agent, commissione or other person, acting in its behalf, either by a citizen, resident therein, or by a corporation, who is assessed for and is liable to pay, or, within one year before the commencement of the action, has paid, a tax therein. This section does not affect any right of action in favor of a county, city, town, or incorporated village, or any public officer. § 1926. An action or special proceeding may be maintained, by the trustee or trustees of a school district; the commissioner or commissioners of highways of a town; the overseer or overseers of the poor of a town, village, or city; the supervisor of a town; the county superintendent or superintendents of the poor; or the supervisors of a county, upon a contract, lawfully made with those officers or their predecessors, in their official capacity; to enforce a liability created, or a duty enjoined, by law, upon those officers, or the body represented by them; to recover a penalty or a forfeiture, given to those officers, or the body represented by them; or to recover damages for an injury to the property or rights of those officers, or the body represented by them; although the cause of action accrued before the commencement of their term of office. § 1927. An action or special proceeding may be maintained, against any of the officers specified in the last section, upon any cause of action, which accrues against them or has accrued against their predecessors, or upon a contract made by their predecessors in their official capacity and within the scope of their authority. 1928. The last two sections do not apply to a case, where it is spe cially prescribed by law, that an action may be maintained, by or against the body, represented by an officer designated in those sections; but, in such a case, the prosecution or defence of the action, as the case may be, must be conducted by the persons then in office, who represent that body. § 1929. In an action or special proceeding, brought pursuant to section one thousand nine hundred and twenty-six or section one thousand nine hundred and twenty-seven of this act, the officer, by or against whom it is brought, must be described in the summons, or other process by which it is commenced, and in the subsequent proceedings therein, by his individual ame, with the addition of his official title. An objection, growing out of n omission to join any officer, who ought to be joined with the others, aust be taken by the answer, or, in a special proceeding, before the close f the case, on the part of the defendant: otherwise it is waived. § 1930. In such an action or special proceeding, the court must, in a roper case, substitute a successor in office, in place of a person made arty in his official capacity, who has died or ceased to hold office; but ich a successor shall not be substituted as a defendant, without his conent, unless at least fourteen days' notice of the application for the substi. tion, has been personally served upon him. § 1931. An execution cannot be issued upon a judgment for a sum of oney, rendered against an officer in an action or special proceeding, brought 7 or against him, in his official capacity, pursuant to this article; except here it is rendered against the trustee or trustees of a school district, or e commissioner or commissioners of highways of a town. In either of ose cases, an execution may be issued against and be collected out of the operty of the officer, and the sum collected must be allowed to him, in e settlement of his official accounts, except as otherwise specially pre ribed by law |