Page images
PDF
EPUB

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.

Part of id., 1.

§ 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, is not previously so vested, is transferred to, and becomes absolutely vested in, the people of the State.

Remainder of id., 1.

§ 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.

Last sentence of id., 1, amended. 22 362, 398, 399, 401 and 403, ante.

§ 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, dama ges, 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 pur poses 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.

Id., first part of 3.

§ 1975. Id.; upon petition of corporation, etc., ag. grieved. Any corporation, board, officer, custodian, agency, or agent, may, in behalf of any city, county, town, village, or other division, subdivision, depart ment, 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 sec tion.

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

Id., 4; see 789, ante.

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 attor. ney-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.

1 R. S. 282,1 (1 Edm. 254). See Ettenheimer v. Hoffman, 66 Barb. 374; McCaughal v. Ryan, 27 id. 376; Jackson v. Ete, 5 Cow. 314.

1978. Notice to be published before trial or judg ment. 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.

1 R. S. 282, 2 and 3 (1 Edm. 254).

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. &8 "unknown claimants," without any other description. In all other respects, section 451 of this act applies to an action, in which the defendant or defend. ants are thus designated.

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 judgment-roll was filed thereupon. But section 375 of this act applies to such an action. 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 com missioners of the land office, of all the real property recovered by the people, in any action brought pursuant to this article.

Id., 29.

§ 1982. Action to recover personal property for feited for treason.-Where personal property is forfeited to the people, upon a conviction of 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.

1 R. S. 284, 82 (1 Edm. 256).

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

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.

Code of Proc., 428. Cameron v. Young, 6 How. 372; Alden v. Clark, 11 id. 209; Thurston v. King, 1 Abb. 127; Ireland v. Litchfield, 8 Bos. 634: O'Connor v. Such, 9 id. 221; People v. Pearce, 30 Barb. 588; s. c. 27 N.

Y. 45; People v. Cook, 8 id. 67; People v. Conover, 6 Abb. Pr. 220: Livermore v. Bainbridge, 49 N. Y. 125; Marine Bank v. Van Brunt, id. 160; People v. Albany and Susquehanna R. R. Co., 1 Lans. 308; 13761381, ante; Strong v. Lee, 44 How. 60; People v. Thatcher, 55 N. Y. 525; People v. Frost, 62 id. 186; People v. Clute, 52 id. 576; People ex rel. Hatzel v. Hall, 21 Alb. L. J. 433, decided Feb. 24, 1880.

§ 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.

2 R. S. 552, 8 13 (2 Edm. 573); see Code of Proc., 432. People v. Clark 4 Cow. 95; People v. Cook, 6 How. Pr. 448.

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.

Id., 13, amended; Code of Proc. 319. People v. Clute, 52 N. Y. 576.

§ 1986. Relator; when to be joined as plaintiff compensation of attorney-general.-Where 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 ser vices, to be paid by the relator, in like manner as the attorney and counsel for a private person.

Code of Proc., 8434; see 3242, post; People v. Walker, 23 Barb. 304; People v. Ryder, 12 N. Y. 433.

§ 1987. Costs; how collected against corporation

« PreviousContinue »