a judgment against him for the escape of the prisoner, is evi- $$369j-369r dence of the damages sustained by him, as if it had been collected; and he may recover his reasonable attorney's and counsel fees, and other expenses in defending the action against him, as part of his damages. (Code of Civil Procedure, § 165.)

If an

§369j. Subrogation where undertaking is forfeited. undertaking of a civil prisoner for the jail liberties is forfeited. before the same is duly allowed, the party at whose instance the prisoner was confined, or, in case of his death, his executor, or administrator, may elect to bring an action on the undertaking. The person so electing may maintain an action on the undertaking, where an action might have been heretofore maintained by the sheriff, and he may recover the same damages for the breach of the condition, which he might heretofore have recovered in an action against the sheriff for the escape. (Code of Civil Procedure, §§ 166, 167.)

§ 369k. Effect of commencement of action as a bar. The commencement of such an action shall be deemed an election and is a bar to an action, by or on behalf of such person, against the sheriff or other officer accepting such an undertaking, for an escape by the prisoner executing the undertaking, amounting to a breach of the conditions thereof, unless the escape was with the assent of the sheriff or other officer. (Code of Civil Procedure, § 168.)

§3691. Defense to action. In an action brought as provided for in the last two [three] sections, the defendant may make any defense, which he might heretofore have made, if the action was brought by the sheriff. (Code of Civil Procedure, § 169.)

§ 369m. Stay of proceedings against sheriff. If the person so entitled to bring an action on the undertaking for the jail liberties, in lieu of making such election, brings an action against the sheriff for the escape, the court may, except where the escape was made with the sheriff's assent, stay proceedings upon a judgment recovered against the sheriff, with such limitations and upon such terms as it deems just, until he has had a reasonable time to prosecute the undertaking, and collect a judgment recovered thereon. (Code of Civil Procedure, § 170.)

3. This act shall take effect July first, nineteen hundred and twenty.

PUBLIC LANDS LAW

(Provisions from the Code of Civil Procedure, including the legis lation of 1918, assigned to the Public Lands Law.)

Public Lands Law

AN ACT to amend the public lands law in relation to escheated lands and letters patent.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Chapter fifty of the laws of nineteen hundred and nine entitled "An act relating, to the public lands, constituting chapter forty-six of the consolidated laws" is hereby amended by adding to article two thereof the following new section to read as follows:

19a. Payment of incumbrances on land in which state is interested. The commissioners of the land office, whenever they deem it for the best interests of the state, may order the treasurer on the warrant of the comptroller to pay off and cancel any mortgage, tax, or other encumbrance, or any amount due thereon, or to acquire any undivided interest, adverse to the state, existing on any lands belonging to the state, or in which the state has an interest other than the lien of a tax under article ten of the tax law, to perfect in the state a title to any such lands or to protect the state's interest therein. In all such actions wherein the commissioners of the land office are so empowered the plaintiff shall not be entitled to costs if the people of the state are made a party defendant, unless the commissioners of the land office, after a full presentation of the facts to them shall have determined before the action of partition or foreclosure is brought against the state that the interests of the state did not warrant their making an order for the payment or cancellation of said mortgage, lien or encumbrance, or any amount due thereon, or for the acquisition of any outstanding undivided interest adverse to the state, or unless the commissioners of the land office shall have failed to make such determination within three months after such full presentation of facts shall have been made to them by a verified statement in writing, and filed with the secretary of said commissioners at his office in the city of Albany, nor unless a certified

§ 19a