New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-30
CIVIL, REMEDIES FOR OFFICIAL MALYERSA
TON

TEXT OF TIRE o'CoNoR BILL AS PASSED IN THE AS
sEMBIY-THE REMEDY OF ATTACHMENT EX-
TENDED TO CASES OF FRAUD BY PUBLIC OF
FICIALs.
(PRoM THE REGULAR CORRESPONDENT OF THE TRIBUNE |
ALBANY Jan 29-The OC0nor bill, extending the
remedy Of attachment to cases of fraud or NAL
yersaiOn by public officers, came up In the Assembly
this morning and was passed without dissenting
voice in the slightly amended form reported by Mr.
Waehner from the Judiciary Committee. The fol-
lowing is the present text of the bill:
An ACT entitled 70 simplify and bndge the
Known a. the Code Of Procedure;
The People Of the Stale Of Neio York, represented in
Senate and Assembly, do enact as fotiOps:
SECTION l. Section Pot OF the act entitled An act to
ceedings of the courts Of this State" known the
Code OF Procedure Is hereby amended SO as to read
SEC 227 In an action arising contract for the
coyery OF money only, or in action for the wrongful
created by or under the laws OF any State,
eminent country or against defendant who Is not
absconded concealed himself or whenever any per
son corporation Is about to remove any
has assigned disposed OF secreed or s about 10 as
sign dispose Of secrete any OF his or It's property
Toned action against any person natural or ar
tcial for without right obtaining receiving convert
ing or dsposing OF any money funds credits or prop
erty held or owned by this State held or owned Off
cally otherwise for or on behalf OF any public or
corporation, board, officer custodian agency or agent
OF any city, county, town, village or other dVlson SUD-
DIVISION department. or portion OF this state, or for and
ing or abettng any such payment conversion or dis
DOS ton, the plaintiff at the time OF Issuing the sum-
mons or any time aferward may have the property or
such defenda person corporation attached In the
manner hereinafter prescribed as security Tor the sat
isfacon OF such Judgment as the palnnu may recover
and for the purposes OF this section action shall be
deemed commenced when the summons Is issued, pro-
vided however ths personal service OF such summons
shall be made or publication thereon commenced within
thirty days.
TO read follows:
SEC 229 The warrant may be issued whenever 1t shall
appear by affidavit that cause OF action exists against
such defendant specifying the amount OF the claim ana
the grounds thereof and that the defendant is either
foreign corporation. or not resident OF this State
departed therefrom with intent TO deraud his
creditors avoid the service OF summons or keeps
himself concealed therein with the like intent, or
that such corporation or person mas removed or Is
about to remove any Of his or Its property from
tins State. with TO deraud his or it's creditors,
has assigned disposed OF secreted 10 about to
sign dispose OF any OF his It's property with
the like intent whether sucn defendant be resident Of
this State that the defendant has without RIGHT
obtained, received converted disposed OF any money
funds, credit property held or owned by this State,
or held owned officially otherwise for behalf Of
any public government tai interest by any municipal
other public corporation board Office, custodIan
agency agent any city, county. town. village
other division subdivision, department portion OF
TINS state aided aDetted any such payment, con-
version disposition OF any such money property.
1t shall be the duty OF the plaintiff procuring such war
rant within ten days after the ssnng thereof 70 cause
the aidayits which the same was gFauteu 70 be ed
In the Office OF the clerk VI the county In which the
ton is TO he tried.
SEC. g. Tnis act shall take effect Immediately.
third BILL TO carry out the recommendations OF the
Governors message In relation legislation necessary
to prevent and punish fraud and mayersaton by public
officers, is in of preparation Ths will provide
for bringing against such officers. In case
proper official refuses negiects TO act and supply
other DEFICIENCIES In existing legislation The passage
OF the first Of these bills to-day oy the Assembly, Win
dissenting voice. Is In singular contrast WIN lts
fate In former Legislatures In the nrst year OF Gov
Dixs Administration substantially the same bill was
debated IN the Assembly and the second year II was