1972. Money damages, etc., vest in people, on comencement of action.

Upon the commencement by the people of the State, of any ion, suit, or other judicial proceeding, as prescribed in this icle, the entire cause of action, including the title to the money, ds, credits, or other property, with respect to which the suit action is brought, and to the damages or other compensation. overable for the obtaining, receipt, payment, conversion, or position thereof, is not previously so vested, is transferred to. becomes absolutely vested in, the people of the State.

1875, ch. 49, remainder of § 1.

1973. Limitation of action.

he people of the State will not sue for a cause of action, speci in this article, unless it accrued within ten years before the on is commenced.

st sentence of id., § 1, am'd. See §§ 362, 398, 399, 401 and 403, ante.

1974. Ultimate disposition of proceeds of action rt of the State.

in

y court of the State, in which an action is brought by the le, as prescribed in this article, may, by the final judgment ein, or by a subsequent order, direct that any money, funds, ages, credits, or other property, recovered by, or awarded to, plaintiff therein, which, if that action had not been brought, d not have vested in the people, be disposed of, as justice ires, in such a manner as to re-instate the lawful custody of, or to apply the same, or the proceeds thereof, to the ets and purposes for which they were authorized to be raised ocured; after paying into the State treasury, out of the proof the recovery, all expenses incurred by the people in the

0.

first part of S.

75. Id.; upon petition of corporation, etc., aggrieved. corporation, board, officer, custodian, agency, or agent, may, half of any city, county, town, village, or other division, subon, department, or portion of the State, which was not a to an action, brought as prescribed in this article, and which s to be entitled to the custody or disposition of any of the v, funds, damages, credits, or other property, recovered by, arded to the plaintiff, by the final judgment in the action, or f the proceeds thereof, and not disposed of as prescribed in st section, present, at any time after the actual collection e money, and its payment into the State treasury, or the 1 receipt of the property by the people, to the supreme court, pecial term thereof held in the county of Albany, a verified n, setting forth the facts, and praying for the relief to which it is entitled. Notice of the application and a copy of the must be served upon the attorney-general. Upon the g the court may make such a final order, as justice requires. e disposition of the money or other property, as prescribed in st section.

n

also, id., § 3.

§ 1976. Attorney-general must bring action.

The attorney-general must commence an action, suit, or other judicial proceeding, as prescribed in this article, whenever he deems it for the interests of the people of the State so to do, or whenever he is so directed, in writing, by the governor.

L. 1875, ch. 49, § 4. See § 789, ante.

532

ARTICLE FIFTH.

ction to recover property escheated, or forfeited for treason.

1977. Attorney-general to bring ejectment for real property, escheated or forfeited.

1978. Notice to be published before trial or judgment.

1979. When unknown claimants may be made defendants.

1980. Effect of judgment against unknown claimants.

1981. Attorney-general to report recoveries to commissioners of land

office.

1982. Action to recover personal property forfeited for treason.

1977. Attorney-general to bring ejectment for real perty, escheated or forfeited.

henever the attorney-general has good reason to believe, that title to, or right of possession of, any real property, has vested e people of the State, by escheat, or by conviction or outlawry reason, he must commence an action of ejectment, to recover property.

1. S. 282, § 1 (1 Edm. 254).

978. Notice to be published before trial or judgment. e attorney-general must cause a notice, specifying the names e parties, and the object of the action, and containing a description of the property affected thereby, to be published e newspaper printed at Albany, in which legal notices are red to be published, in a newspaper published in the city of York, and in a newspaper published in each county in which part of the property is situated, at least once in each week, welve successive weeks, before an issue of fact, joined in the n, is brought to trial; or where judgment is rendered therein vor of the plaintiff, otherwise than upon the trial of an issue ct, before final judgment is rendered.

§§ 2 and 3 (1 Edm. 254).

79. When unknown claimants may be made defend

the property is not occupied, and no person is known to the ney-general as claiming title thereto, the defendant or dents may be designated as "unknown claimants," without other description. In all other respects, section 451 of this plies to an action, in which the defendant or defendants are designated.

of id., § 1.

So. Effect of judgment against unknown claimants. ere, in an action of ejectment, to recover property alleged to heated, brought as prescribed in the last section, final judgin favor of the people is rendered against unknown claimand the real property recovered thereby is afterwards sold onveyed, under the direction of the commissioners of the land the judgment is conclusive upon the title of that property, ainst all persons, except those who commence an action of ment for the recovery thereof, or of a part thereof, within ears after the final judgment was rendered in the action in of the people, and the judgment-roll was filed thereupon. ection 375 of this act applies to such an action.

§ 1981. Attorney-general to report recoveries to com missioners of land office.

The attorney-general must, from time to time, make a report i the commissioners of the land office, of all the real property r covered by the people, in any action brought pursuant to th article.

1 R. S. 282, § 9.

§ 1982. Action to recover personal property forfeite

for treason.

Where personal property is forfeited to the people, upon a cu viction of outlawry for treason, the attorney-general must brin and may maintain, an action to recover the same, or the val thereof, or such other action, founded upon the forfeiture, might be maintained by a private person, who had acquired title the property.

1 R. S. 284, § 2 (1 Edm. 256).

534

ARTICLE SIXTH.

cellaneous provisions, relating to actions, etc., in behalf of the people.

1983. Scire facias, quo warranto, etc., abolished.

1984. Actions to be brought in the name of the people.

1985. Judgment for costs may be taken against the people.

1986. Relator; when to be joined as plaintiff; compensation of attorney-general.

1987. Costs; how collected against corporation and usurpers of franchise. 1988. Joinder of causes of action against same person.

1989. Consolidation of actions against several defendants.

1990. When people, municipal corporation, etc., not required to give security.

983. Scire facias, quo warranto, etc., abolished.

e writ of scire facias, the writ of quo warranto, and proceedby information in the nature of quo warranto, have been shed. The relief formerly obtained by means of either of e writs, may be obtained by action, where an appropriate actherefor is prescribed in this act.

Proc., § 428.

984. Actions to be brought in the name of the people. action, brought as prescribed in this title, except an action cover a penalty or forfeiture, expressly given by law to a cular officer, must be brought in the name of the people of State; and the proceedings therein are the same, as in an by a private person, except as otherwise specially prescribed is title.

S. 552, § 13 (2 Edm. 573). See Co. Proc., § 432.

985. Judgment for costs may be taken against the le.

ere judgment is rendered or a final order is made, against the e, in a civil action brought, or special proceeding instituted, -ir name, by a public officer, pursuant to a provision of law, it be to the same effect, and in the same form, as against a te individual, who brings a like action, or institutes a like l proceeding, except as otherwise specially prescribed by But an execution shall not be issued against the people. 13, am'd; Co. Proc., § 319.

86. Relator; when to be joined as plaintiff; compenn of attorney-general.

ere an action is brought by the attorney-general, as pred in this title, on the relation or information of a person, g an interest in the question, the complaint must allege, and tle of the action must show, that the action is brought upon lation of that person. In such a case, the attorney-general as a condition of bringing the action, require the relator to satisfactory security to indemnify the people, against the and expenses thereof. Where security is so given, the ey-general is entitled to compensation for his services, to be by the relator, in like manner as the attorney and counsel for ate person.

Proc., 434. See § 3242, post.