ARTICLE FIFTH.

Action to Recover Property Escheated, or Forfeited for

Treason.

SEC. 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 property, escheated or forfeited.

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

From R. S. 282, Part 1, ch. 9, tit. 12, § 1 (1 Edm. 254), and Id., tit. 13, § 1.

§ 1978. Notice to be published before trial or judgment. The attorney general must cause a notice, specifying the names of the parties, and the object of the action, and containing a brief description of the property affected thereby, to be published in the newspaper printed at Albany, in which legal notices are required to be published, in a newspaper published in the city of New York, and in a newspaper published in each county in which any part of the property is situated, at least once in each week, for twelve successive weeks, before an issue of fact, joined in the action, is brought to trial; or, where judgment is rendered therein in favor of the plaintiff, otherwise than upon the trial of an issue of fact, before final judgment is rendered.

From Id., §§ 2 and 3.

See ch. 133 of 1884, repealing acts providing for a State paper.

§ 1979. When unknown claimants may be made defendants.

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

From part of Id., § 1.

§ 1980. Effect of judgment against unknown claimants. Where, in an action of ejectment, to recover property alleged to be escheated, brought as prescribed in the last section, final judgment in favor of the people is rendered against unknown claimants, and the real property recovered thereby is afterwards sold and conveyed, under the direction of the commissioners of the land office, the judgment is conclusive upon the title of that property, as against all persons, except those who commence an action of ejectment for the recovery thereof, or of a part thereof, within five years after the final judgment

was rendered in the action in favor of the people, and the judgmentroll was filed thereupon. But section 375 of this act applies to such an action.

From Id., § 4.

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

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

From Id., § 9.

§ 1982. Action to recover personal property forfeited for treason.

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

From Id., tit. 13, § 2.

ARTICLE SIXTH.

Miscellaneous Provisions, relating to Actions, etc., in Behalf of the People.

SEC. 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.

§ 1983. Scire facias, quo warranto, etc., abolished. The writ of scire facias, the writ of quo warranto, and proceedings by information in the nature of quo warranto, have been abolished. The relief formerly obtained by means of either of those writs, may be obtained by action, where an appropriate action therefor is prescribed in this act.

From Co. Proc. § 428, first sentence.

§ 1984. Actions to be brought in the name of the people. An action, brought as prescribed in this title, except an action to recover a penalty or forfeiture, expressly given by law to a particular officer, must be brought in the name of the people of the State; and the proceedings therein are the same, as in an action by a private person, except as otherwise specially prescribed in this title.

From 2 R. S. 552, Part 3, ch. 8, tit. 17, part of § 13 (2 Edm. 573); Co. Proc. 319.

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

Where judgment is rendered, or a final order is made, against the people, in a civil action brought, or special proceeding instituted, in their name, by a public officer, pursuant to a provision of law, it must be to the same effect, and in the same form, as against a private individual, who brings a like action, or institutes a like special proceeding, except as otherwise specially prescribed by law. But an execution shall not be issued against the people.

From 2 R. S. 552, Part 3, ch. 8, tit. 17, part of § 13 (2 Edm. 573); Co. Proc. 319.

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

When an action is brought by the attorney-general, as prescribed in this title, on the relation or information of a person, having an interest in the question, the complaint must allege, and the title of the action must show, that the action is brought upon the relation of that person. In such a case, the attorney-general must, as a condition of bringing the action, require the relator to give satisfactory security to indemnify the people, against the costs and expenses thereof. Where security is so given, the attorney-general is entitled to compensation for his serv

ices, to be paid by the relator, in like manner as the attorney and counsel for a private person.

From Co. Proc. § 434.

See § 3242.

§ 1987. Costs; how collected, against corporation and usurpers of franchise.

Where final judgment in an action, brought as prescribed in this title. is rendered against a corporation, or persons claiming to be a corporation, the court may direct the costs to be collected by execution against any of the persons claiming to be a corporation; or by warrant of attachment, or other process, against the person of any director or other officer of the corporation.

From Co. Proc. § 443.

§ 1988. Joinder of causes of action against same person. Where two or more causes of action exist, in favor of the people, against the same person, for money due upon, or damages for the nonperformance of, one or more contracts of the same nature, the attorneygeneral must join all those causes in one action.

From R. S. Part 1, ch. 8, tit. 5, § 13 (1 Edm. 181).

§ 1989. Consolidation of actions against several defendants.

Where two or more actions, brought in behalf of the people, upon the same mortgage or other contract, are pending against separate defendants, claiming or defending under the same title, the attorney-general must, upon the request of the defendants, cause them to be consolidated into one action; and only one bill of costs can be taxed against the defendants.

From Id., § 14.

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

Each provision of this act, requiring a party to give security, for the purpose of procuring an order of arrest, an injunction order, or a warrant of attachment, or as a condition of obtaining any other relief, or taking any proceeding; or allowing the court, or a judge, to require such security to be given, is to be construed as excluding an action brought by the people of the State, or by a domestic municipal corporation; or by a public officer, in behalf of the people, or of such a corporation; except where the security, to be given in such an action, is specially regulated by the provision in question; but in any action in which a domestic municipal corporation, or a public officer in behalf of such corporation, shall be, by the foregoing provisions of this section, excused from giving security on procuring an order of arrest, an order of injunction or a warrant of attachment, such corporation shall be liable for all damages that may be so sustained by the opposite party by reason of such order of arrest, attachment or injunction in the same case and to the same extent as sureties to an undertaking would have been, if such an undertaking had been given.

From ch. 449 of 1876, § 11.

Am'd by ch. 90 of 1894.

See § 1314

TITLE II.

Special proceedings instituted by State writ.

ARTICLE 1. Provisions applicable to two or more State writs.

2. The writ of habeas corpus, to bring up a person to testify.

3. The writ of habeas corpus, and the writ of certiorari, to inquire into the cause of detention.

4. The writ of mandamus.

5. The writ of prohibition.

6. The writ of assessment of damages.

7. The writ of certiorari, to review the determination of an inferior tribunal.

ARTICLE FIRST.

Provisions Applicable to Two or Mcre State Writs.

SEC. 1991. State writs enumerated.

1992. To be under seal of court.

1993. State writ at the instance of the people.

1994. Relator, when joined with people; parties how styled.

1995. Parties may appear by attorney.

1996. Allowance to be indorsed and signed.

1997. Final order; certain proceedings same as in actions.

1998. When writ returnable.

1999. How served.

2000. Habeas corpus, how served; fees and undertaking, when required. 2001. Fees to persons not officers.

2002. Last two sections qualified.

2003. Mode of serving writ, when person conceals himself, etc.

2004. Person served to obey habeas corpus.

2005. Id.; as to certiorari.

2006. Time of returning habeas corpus.

2007. Punishment for non-payment of costs.

§ 1991. State writs enumerated.

The writ of habeas corpus to bring up a person to testify, or to answer; the writ of habeas corpus, and the writ of certiorari, to inquire into the cause of detention; the writ of mandamus; the writ of prohibition; the writ of assessment of damages, which is substituted for the writ heretofore known as the writ of ad quod damnum; and the writ of certiorari to review the determination of an inferior tribunal, which may be called the writ of review, shall hereafter be styled, collectively, State writs.

§ 1992. To be under seal of court.

A State writ must be issued under the seal of the court, by which it is awarded. Where it is allowed by a judge out of court, and is returnable before a court of record, it must be issued under the seal of the court before which it is returnable. Where it is returnable before a judge out of court, or before a body or tribunal, other than a court of record, it must be issued under the seal of the supreme court. Where the seal of the supreme court is to be used, as prescribed in this section,