§ 37.28 RECOVERY; EFFECT ON POLICIES.
   (A)   The sum of money for which such corporation, company or association is so chargeable, may be recovered of it, or its agent or agents, by an action in the name of and for the use of the city, as for money had and received.
   (B)   Nothing in this section shall be held to exempt any person, corporation, company or association from indictment and conviction under the provisions of Article 11 Division 10 of the Illinois Municipal Code, being ILCS Ch. 65, Act 5, §§ 11-10-1 et seq.
('72 Code, § 35.04)