Y. 45; People r. Cook, 8 id. 67; People v. Conover, 6 Abb. Pr. 220; Livermore . Bainbridge, 49 N. Y. 125; Marine Bank . Van Brunt, id. 160; People v. Albany and Susquehanna R. R. Co., 1 Lans. 308; 2 13761581, ante; Strong . 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. 21, 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, 13 (2 Edm. 573); see Code of Proc., 432. People v. Clark 4 Cow.95; People v. Cook, 6 low. 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 services, to be paid by the relator, in like manner as the attorney and counsel for a private person. Code of Proc., 1434; see 3242, post; People v. Walker, 23 Barb. 304; People v. Ryder, 12 N. Y. 433. § 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 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. Code of Proc., 443. People v. Ballou, 12 Wend. 277; see People v. Alb. and Susquehanna R. R. Co., 5 Lans. 25. § 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. 1 R. S. 181, 13 (1 Edm. 181). 1989. Consolidation of actions against several defendants. Where two or more actions brough 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. Id., 14. See People v. Albany and Susquehanna R. R. Co., 5 Lans. 251990. 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. L. 1876, ch. 449, 11. 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. 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. 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. The writ of 1991. State writs enumerated. 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. New. 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, it may be the seal of the county wherein the writ is awarded, or wherein it is returnable. 2 R. S. 574, 71 (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. Id., 77. 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. New. 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, 78 (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. New. 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 prisoner, if he shall be remanded; and that the prisoner |