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and usurpers of franchise.- Where final judgment in an action, brought as prescribed in this title, is rendered against a corporation, or person 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.
§ 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 non-performance of, one or more contracts of the same nature, the attorneygeneral must join all those causes in one action.
§ 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 attorneygeneral 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.
§ 1990. [Amended, 1894] 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.
In effect March 3, 1894; Laws 1894, ch. 90.
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.
PROVISIONS APPLICABLE TO TWO OR MORE 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 re quired.
2001. Fees to persons not officers.
2002. Last two sections qualified.
2003. Mode of serving writ, when person conceals himself, etc.
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
§ 1992. To be under seal of court.A State writ qust 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, it may be the seal of the county wherein the writ is awarded, or wherein it is returnable.
2 R. S. 574, 74 (2 Edm. 594), amended.
§ 1993. State writ at the instance of the people. Where a State writ is required, in an action or special proceeding, civil or criminal, to which the people are a party, or in which they are interested, it may be awarded upon the application of the attorney-general, or of the district-attorney having charge of the action or special proceeding; and the indorsement of the allowance thereof must state, that it was issued on such an application.
§ 1994. Relator, when joined with people; parties, how styled. A State writ must be issued in behalf of the people of the State; but where it is awarded upon the application of a private person, it must show that it was issued upon the relation of that person. The officer or other person, against whom the writ is issued, shall be styled the defendant therein.
§ 1995. Parties may appear by attorneys. The parties to a special proceeding, instituted by State writ, may appear by attorney, with like effect as in an action brought in the supreme court; but a return to such a writ must be made under the hand of the defendant, except in a case where it is otherwise specially prescribed by law, or where the court or judge, for good cause shown by affidavit, otherwise directs. Where the attorney-general or the district-attorney does not appear for the people, the attorney for the relator is deemed also the attorney for the people.
New in form.
§ 1996. Allowance to be indorsed and signed. --
The presiding judge of a court, by which a State writ is awarded, or the judge who allows such a writ out of court, as the case may be, must sign an allowance thereof indorsed thereupon, stating the date of the allowance.
Section 76, R. S., amended.
§ 1997. Final order; certain proceedings same as in actions. The final determination of the rights of the parties to a special proceeding instituted by State writ, is styled a final order. The provisions of this act, relating to amendments, motions, and intermediate orders, in an action, are applicable to similar acts in such a special proceeding; except where special proceeding is otherwise made therein, or where the proceeding is repugnant to the object of the State writ, or the mode of procedure thereunder.
New. People v. Robinson, 29 Barb. 77.
§ 1998. When writ returnable. Except where special provision is otherwise made in this act, a State writ may be made returnable forthwith, or on a future day certain, as the case requires.
2 R. S. 574, 878 (2 Edm. 598).
§ 1999. How served. Except where special provision is otherwise made in this act, a State writ must be personally served, in like manner as a summons, issued out of the supreme court; and each provision of this act, relating to the personal service of such a summons upon a defendant, applies to the service of a State writ.
§ 2000. Habeas corpus, how served; fees and undertaking, when required. — A writ of habeas corpus can be served only by an elector of the State. Where the prisoner is in custody of a sheriff, coroner, constable, or marshal, the service is not complete, unless the person serving the writ tenders to the officer, the fees allowed by law for bringing up the prisoner, and delivers to him an undertaking, with at least one surety, in a sum specified therein, to the effect, that the surety will pay the charges of carrying back the pris oner, if he shall be remanded; and that the prisoner
will not escape by the way, either in going to, remain. ing at, or returning from the place to which he is to be taken. The sum so specified must be, at least, twice the sum for which the prisoner is detained, if he is detained for a specific sum of money; if not, it must be one thousand dollars.
Section 78, R. S., amended; 3007, subd. 16. Utica Bank v. Kibbe," Cow. 424, Clapp v. Van Epps, 3 Wend, 430.
2001. Fees to persons not officers. A court or a judge, allowing a writ of habeas corpus, directed to any person other than a sheriff, coroner, constable, or marshal, may, in its or his discretion, require the applicant, in order to render the service thereof complete, to pay the charges of bringing up the prisoner. In that case, the amount of the charges, not to exceed the fees allowed by law to a sheriff for a similar service, must be specified in the certificate allowing the writ.
Id., 84; 83007, subd. 16. Utica Bank v. Kibbe, 7 Cow. 424; Clapp v. Van Epps, 3 Wend, 430.
§ 2002. Last two sections qualified. The last two sections are not applicable to a case, where the writ is allowed upon the application of the attorney-general or a district-attorney.
Id., 79, amended.
2003. Mode of serving writ, when person con. ceals himself, etc. A writ of habeas corpus or of certiorari, issued as prescribed in article second or article third of this title, may be served by delivering it to the person to whom it is directed. If he cannot be found, with due diligence, it may be served by leaving it at the jail or other place in which the prisoner is confined, with any under officer, or other person of proper age, having charge, for the time, of the prisoner, and pay. ing or tendering to him the fees or charges for bring ing up the prisoner. If the person, upon whom the writ ought to be served, keeps himself concealed, or refuses admittance to the person attempting to serve it, it may be served by affixing it in a conspicuous place, on the outside, either of his dwelling-house, or of the place where the prisoner is confined. In that case, the service is complete, without tendering the fees or charges for bringing up the prisoner.
Id., 80 and 81, amended.