§ 1014. When it appears, in the action, that before the commencement thereof, the heir has aliened the real property descended to him, or any part thereof, he shall be personally liable for the value of the property so aliened, and judgment may be rendered therefor and execution awarded, as in actions for his own debts. But no real property aliened in good faith by an heir, before action commenced against him, is liable to execution, or in any manner affected by a judgment against him.

§ 1015. In actions brought against several heirs jointly, or several devisees jointly, the amount, which the plaintiff recovers, must be apportioned, among all the heirs of the ancestor, or among all the devisees of the testator, in proportion to the value of the real pro perty descended or devised, and such proportion only can be recovered of each heir or legatee.

§ 1016. Devisees made liable, by the foregoing provisions of this chapter, to the creditors of their testator, are not so liable, unless it appear that his personal assets and the real property of the testator descended to his heirs were insufficient to discharge the debt; or unless it appear, that after due proceedings before the surrogate, the creditor has been unable to recover the debt, or any part thereof, from the personal representatives of the testator, or from his next of kin or legatees, or from his heirs.

§ 1017. In either of the cases specified in the last section, the amount of the deficiency of the personal assets, and of the real property descended, to satisfy the debt of the plaintiff, and the amount which such plaintiff may have failed to recover from the personal representatives of the testator, his next of kin, legatees and heirs, may be recovered of the devisees of such testator, to the extent of the real property devised to them respectively.

§ 1018. But the last two sections do not affect the liability of devisees, for a debt of their testator, where such debt was, by his will, expressly charged exclusively upon the real property devised, or by the terms of the will made payable exclusively by such devisee, or made payable out of the real property devised, before resorting to the personal property or to any other real property descended or devised.

§ 1019. The provisions of this chapter, with regard to heirs, and to proceedings by and against them, and to judgments and executions against them, are applicable to actions and proceedings against devisees; and they must, in like manner, be sued jointly.

§ 1020. In cases where, by the provisions of any statute, a child born after the making of a will, is entitled to succeed to a portion of the testator's real and personal property, such child shall have the same rights and remedies to compel a distribution of the personal property and a partition of the real property, as are pro

vided for next of kin and for heirs; and shall, in all respects, be liable, in the same manner and to the same extent, to the creditors of his ancestor, in respect to the personal property delivered to him, and the real property descended to him, as are herein prescribed in relation to next of kin and heirs; and such child may recover of the legatees and devisees, who may have received or taken any real or personal property of the testator, the share or portion thereof to which he may be entitled.

§ 1021. The provisions of the last two sections relative to a child, born after the making of a will, apply equally to every person, who being a witness to a will, is entitled, by the provisions of any statute, to recover a portion of the real or personal property of the testator, from the legatees and devisees named in such will.

CHAPTER VII.

ACTIONS ON OFFICIAL SECURITIES, AND FOR FINES AND FOR

FEITURES.

SECTION 1022. Off cial bond to the people, construed severally.

1023. Any person aggrieved may prosecute.

1025. A judgment in favor of one does not preclude another action for

another cause.

1026. Aggregate of recoveries not to exceed the undertaking.

1027. Execution to be first enforced against principal.

1028. Amount collected to be limited by the undertaking.

1029. Fines and forfeitures how prosecuted.

1030. Amount to be recovered in certain cases.

1031. Effect of recovery by collusion.

1032. When not specially granted to belong to treasury, and property forfeited recovered by action.

This chapter differs from the Revised Statutes, chiefly in making the rules applicable to all official securities uniform, and in allowing a prosecution upon them, directly in the name of the party aggrieved, instead of doing the same thing indirectly in the name of the people. As in most of the other special cases in this title, the change in the system of procedure has enabled the Commissioners to condense the subject into less than half its length in the Revised Statutes. See 2, R. S., 476-483.

§1022. The official bond, or other security, of a public officer, to the people of this state, whether with or without sureties, is to be construed as security to the people of the state, as a government, and also to all persons severally, for the official delinquencies, against which it is intended to provide. If it be to a county, town, city, village or other municipal body, it is, in like manner, to be construed as security severally to all persons intended to be secured, as well as tothe body politic named therein.

§ 1023. When a public officer, by official misconduct or neglect of duty, forfeits his official bond, or renders his sureties liable upon an official security, any person injured thereby, or who is, by law, entitled to the benefit of the security, may bring an action thereon, in his own name, against the officer and his sureties, to recover the amount to which he may be entitled, by reason of the delinquency.

§1024. Before an action can be brought by a plaintiff, other than the people, or body politic named in the security, leave must be obtained of the court or a judge thereof, or a county judge, within the district or county where the action is triable; and leave can only be granted, on a production of the copy of the bond, and an affidavit showing the delinquency: and if the delinquency be such, as that if established on the trial, it would entitle the party applying to recover in the action, leave must be granted.

§ 1025. A judgment in favor of a party for one delinquency, does not preclude the same, or another party, from an action on the same security, for another delinquency.

§ 1026. If it appear in an action against a surety, on an official security, that he has already been obliged, by reason of prior recoveries against him on the same, to pay amounts, which, in the aggregate, are equal to the extent of his undertaking, or that, by reason of the