Section 41. Action on a bond filed under section forty or forty-two may be brought by any person holding a judgment to secure the payment of which the bond was filed and may be brought by such person in the name of the city or town treasurer, or of the state treasurer, as the case may be, but for the use and benefit, and at the cost and expense, of the person so bringing the said action; provided, that such a judgment was recovered in an action brought within twelve months of the time when the cause of action accrued.