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. 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. 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 de tention. 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 API'LICABLE TO TWO OR MORE STATE WRITS. 1991. State writs enumerated. 1994. Relator, when joined with peo- 1997. Final order; certain proceedings 1998. When wri', returnable. 1999. How served. 2000. Habeas corpus, how served; fces and undertaking, when 2001. Fees to persons not officers. 2005. Id.; as to certiorari. 2006. Time of returning habeas cor pus. 2007. Punishment for non-payment of costs. § 1991. 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 certiocari to review the determination of an inferior tribunal, which may be called the writ of review, shall hereafter be styled, collectively, State writs. § 1992. 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. § 1993. 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 apon 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 upon such an application. § 1994. 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. 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. § 1996. 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. 1997. 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 provision is otherwise made therein, or where the proceeding is repugnant to the object of the State writ, or the mode of procedure there. under. 1998. 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. § 1999. 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. A writ of a habeas corpus can be served only by an elector of the State. Where the prisoner is in custody of a sheriff, coroner, consta ble, 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 will not escape by the way, either in going to, remaining 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. 2001. A court or a judge, allowing a writ of habeas corpus, directed to any person other then 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. § 2002. The last two sections are not applicable to a case, where the writ is allowed upon the application of the attorney-general, or a districtattorney. § 2003. 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 dili gence, 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 paying or tendering to him the fees or charges for bringing 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. § 2004. A sheriff, coroner, constable, or marshal, upon whom complete service of a writ of habeas corpus is made, as prescribed in this article, must obey and make return to the writ, according to the exigency thereof, whether it is directed to him or not. Any other person, upon whom such a writ is served, having the custody of the individual for whose benefit it was issued, must obey and execute it, according to the command thereof, without requiring any bond, or the payment of any charges, except such as are specified in the certificate allowing the writ. § 2005. A person upon, whom a writ of certiorari, issued as prescribed in this title, is sei ved, must, in like manner, upon payment or tender of the fees allowed by law for making a return to the writ, and for copying the warrant, or other process or proceeding, to be annexed thereto, obey and return the writ, according to the exigency thereof. 2006. Where a writ of habeas corpus is returnable on a day certain, the return must be made at the time and place specified therein. Where such a writ is returnable forthwith, at a place within twenty miles of the place of service, the return must be made, and the prisoner must be produced, within twenty-four hours after service; and the like time must be allowed, for each additional twenty miles. § 2007. For non-payment, upon demand, of the costs awarded by a final order, made in a special proceeding instituted by State writ, except where a peremptory writ of mandamus is awarded, after the issuing of an alternative mandamus, the person required to pay the same may be punished for a contempt of the court awarding them, or of which the judge awarding them is a member, as if the final order was a final judgment of the court. ARTICLE SECOND. THE WRIT OF HABEAS CORPUS, TO 2008. Habeas corpus to testify; when allowed by court or judge. 2009. Id.; when allowed by judge. 2010. 1d.; in suit before justice of the peace, etc. BRING UP A PERSON TO TESTIFY., 2012. Application; how made. 2014. Officer to obey and return writ § 2008. A court of record, other than a justice's court of a city, or a judge of such a court, or a justice of the supreme court, has power, upon the application of a party to an action or special proceeding, civil or criminal, pending therein, to issue a writ of habeas corpus, for the purpose of bringing before the court, a prisoner, detained in a jail or prison, within the State, to testify as a witness in the action or special proceeding, in behalf of the applicant. § 2009. Such a writ may also be issued by a justice of the supreme court, upon the application of a party to a special proceeding, civil or criminal, pending before any officer or body, authorized to examine a witness therein. In a case specified in this section, the writ may also be issued by a judge of a superior city court, a county judge, or a special county judge, residing within the county where the officer resides, before whom, or the court or other body so in or before which, the special proceeding is pending. §2010. Such a writ may also be issued by a justice of the supreme court, upon the application of a party to the action, pending before a justice of the peace, or in a justice's court of a city, or a district court of the city of New York, to bring before the justice or court, to be examined as a witness, a prisoner confined in the jail of the county where the action is to be tried, or an adjoining county. In a case specified in this section, the writ may also be issued by a judge of a superior city court, a county judge, or a special county judge, residing within the county where the justice resides, or the court is located, or the prisoner is confined, as the case may be. § 2011. [am'd 1880.] A writ shall not be issued, by virtue of either of the last three sections, to bring up a prisoner sentenced to death. Nor shall it be issued to bring up a prisoner confined under any other sentence for a felony; except where the application is made, in behalf of the people, to bring him up as a witness on the trial of an indictment, and then only by and in the discretion of a justice of the supreme court, or a judge of a superior city court, upon such notice to the district attorney of the county wherein the prisoner was convicted, and upon such terms and conditions, and under such regulations as the judge may prescribe. 2012. An application for a writ, made as prescribed in either of the foregoing sections of this article, must be verified by affidavit, and must state: 1. The title and nature of the action or special proceeding, in regard to which the testimony of the prisoner is desired; and the court, or body, in or before which, or the officer before whom, it is pending. 2. That the testimony of the prisoner is material and necessary to the applicant, on the trial of the action, or the hearing of the special proceeding as he is advised by counsel and verily believes. 3. The place of confinement of the prisoner. 4. Whether the prisoner is or is not confined under a sentence for felony. But where the attorney-general or district-attorney makes the applicatior he need not swear to the advice of counsel. 2013. The return to a writ, issued as prescribed in this article, mu state for what cause the prisoner is held; and if it appears therefrom, th he is held by virtue of a mandate in a civil action or special proceeding, r oy virtue of a commitment upon a criminal charge, he must, after having testified, be remanded, and again committed to the prison, from which he was taken. S 2014. Any officer to whom a writ, issued as prescribed in this article, is delivered, raust obey the same, according to the exigency thereof, and make a return thereto accordingly. If he refuses or neglects so to do, he forfeits, to the people, if the writ was issued upon the application of the attorney-general or a district-attorney, or, in any other case, to the party on whose application the writ was issued, the sum of five hundred dollars. But where the prisoner is confined under a sentence to death, a return to that effect is a sufficient obedience to the writ, without producing him. ARTICLE THIRD. THE WRIT OF HABEAS CORPUS, AND THE WRIT OF CERTIORARI, TO INQUIKE INTO THE CAUSE OF DETENTION. 2049. Enforcing order for discharge; penalty, etc. 2050. When prisoner discharged not to be re-imprisoned; when he may be. 2051. Penalty for violating the last 2052. Id.; for concealing prisoner, 2055. When offender to be arrested. 2057. Id.; proceedings to punish offender. 2058. When appeal may be taken in 2059. Id.; by people. 2061. Id.; recognizance, etc. 2063. Custody of prisoner until he 2064. When recognizance to be valid § 2015. A person imprisoned or restrained in his liberty, within the State, for any cause, or upon any pretence, is entitled, except in one of the cases specified in the next section, to a writ of habeas corpus, or a writ of certiorari, as prescribed in this article, for the purpose of inquiring into the cause of the imprisonment or restraint, and, in a case prescribed by law, of delivering him therefrom. A writ of habeas corpus may be issued and |