§ 1967. Money received by district-attorney; how disposed of Within thirty days after a district-attorney receives or collects money upon a recognizance, or for a penalty or forfeiture, belonging to the county, he must pay it to the county treasurer of his county, deducting only his necessary disbursements; except that, where he does not receive, as his compensation, a salary fixed pursuant to law, the county court may, by an order entered in its minutes, allow him to retain also a sum, specified in the order, for his reasonable costs and expenses, and a reasonable counsel fee.

§ 1968. District-attorney to render account. Each district-attorney must render to the first term of the county court of his county, held in each calendar year, a written account, verified by his affidavit, of all actions brought by him upon recognizances, or for penalties or forfeitures belonging to the county, or to the State; of all his proceedings therein; of all judgments recovered by him therein; and of all money, collected by him from any person, belonging to the county or to the State. This section applies to a district-attorney who has gone out of office, during the preceding calendar year.

ARTICLE FOURTH.

CERTAIN ACTIONS, FOUNDED UPON THE SPOLIATION, OR OTHER MISAPPROPRIATION OF PUBLIC PROPERTY.

SECTION 1969. Action in court of the State for public funds illegally obtained, converted, etc.

1970. Stay of other domestic actions; parties thereto to be brought in.
1971. Actions, etc., in foreign courts.

1972. Money, damages, etc., vest in people, on commencement of action.
1973. Limitation of action.

1974. Ultimate disposition of proceeds of action in court of the State.
1975. Id.; upon petition of corporation, etc., aggrieved.

1976. Attorney-General must bring action.

§ 1969. Action in court of the State for public funds illegally obtained, converted, etc. Where any money, funds, credits, or other property, held or owned by the State, or held or owned, officially or otherwise, for or in behalf of a governmental or other public interest, by a domestic municipal, or other public corporation, or by a board, officer, custodian, agency, or agent of the State, or of a city, county, town, village, or other division, subdivision, department, or portion of the State, has heretofore been, or is hereafter, without right obtained, received, converted, or disposed of, an action to recover the same, or to recover damages, or other compensation, for so obtaining, receiving, paying, converting, or disposing of the same, or both, may be maintained by the people of the State, in any court of the State having jurisdiction thereof, although a right of action, for the same cause, exists by law in some other public authority, and whether an action therefor, in favor of the latter, is or is not pending, when the action in favor of the people is commenced.

§ 1970. Stay of other domestic actions; parties thereto to be brought in. Where an action is commenced by the people, for a cause specified in the last section, the court in which it is brought, may, upon the application of any party thereto, grant an order staying proceedings in any other action, brought, for the same cause, in the same or any other court of the State, by a public authority, other than the people; and, if necessary or proper, it may vacate any order or interlocutory judgment, made or ren

dered in such an action; and it may, by the same order, or by a subsequent order, granted upon the application of any party to either action, direct that any party to the action so stayed, be brought in, as a party to the action commenced by the people.

§ 1971. Actions, etc., in foreign courts. The people of the State may commence and maintain, in their own name, or otherwise, as is allowable, one or more actions, suits or other judicial proceedings, in any court, or before any tribunal, of the United States, or of any other State, or of any territory of the United States, or of any foreign country, for any cause specified in the last section but one.

§ 1972. Money damages, etc., vest in people on commencement of action. Upon the commencement, by the people of the State, of any action, suit, or other judicial proceeding, as prescribed in this article, the entire cause of action, including the title to the money, funds, credits or other property, with respect to which the suit or action is brought, and to the damages or other compensation, recoverable for the obtaining, receipt, payment, conversion, or disposition thereof, if not previously so vested, is transferred to, and becomes absolutely vested in, the people of the State.

§ 1973. Limitation of action. The people of the State will not sue for a cause of action, specified in this article, unless it accrued within ten years before the action is commenced.

§ 1974. Ultimate disposition of proceeds of action, in court of the State. Any court of the State, in which an action is brought by the people, as prescribed in this article, may, by the final judgment therein, or by a subsequent order, direct that any money, funds, damages, credits or other property, recovered by, or awarded to, the plaintiff therein, which, if that action had not been brought, would not have vested in the people, be disposed of, as justice requires, in such a manner as to re-instate the lawful custody thereof, or to apply the same, or the proceeds thereof, to the objects and purposes for which they were authorized to be raised or procured; after paying into the State treasury, out of the proceeds of the recovery, all expenses incurred by the people in the action.

§ 1975. Id.; upon petition of corporation, etc., aggrieved. Any corporation, board, officer, custodian, agency, or agent, may, in behalf of any city, county, town, village, or other division, subdivision, department, or portion of the State, which was not a party to an action, brought as prescribed in this article, and which claims to be entitled to the custody or disposition of any of the money, funds, damages, credits, or other property, recovered by, or awarded to the plaintiff, by the final judgment in the action, or any of the proceeds thereof, and not disposed of as prescribed in the last section, present, at any time after the actual collection of the money, and its payment into the State treasury, or the actual receipt of the property by the people, to the supreme court, at a special term thereof held in the county of Albany, a verified petition, setting forth the facts, and praying for the relief to which he or it is entitled. Notice of the application and a copy of the petition must be served upon the Attorney-General. Upon the hearing the court may make such a final order, as justice requires, for the disposition of the money or other property, as prescribed in the last section.

§ 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 interest of the people of the State, so to do; or whenever he is so directed, in writing, by the governor.

ARTICLE FIFTH.

ACTION TO RECOVER PROPERTY ESCHEATED, OR FORFEITED FOR TREASON.

SECTION 1977. Attorney-General to bring ejectment for real property, escheated or for

feited.

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.

§ 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.

§ 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.

§ 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 judgment-roll was filed thereupon. But section 375 of this act applies to such an action.

§ 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 an action brought pursuant to this article.

§ 1982. Action to recover personal property forfeited for treason. Where personal property is forfeited to the people, upon a conviction or out

lawry 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.

MISCELLANEOUS PROVISIONS, RELATING TO ACTIONS, ETC., IN BEHALF OF THE PEOPLE.

SECTION 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.

§ 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.

§ 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.

§ 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 services, to be paid by the relator, in like manner as the attorney and counsel for a private person. 2A-1791

$ 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.

§ 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 Attorney-General 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 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.

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 ndertaking had been given. [AM'D BY CH. 90 OF 1894. Took effect March 3, 1894.]

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.

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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 MORE STATE WRITS.

SECTION 1991. State writs enumerated.

1992. To be under seal of proper 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.