ARTICLE SECOND. ACTION TO VACATE LETTERS-PATENT. SEC. 1957. When attorney-general may maintain action. 1958. Action triable by jury. 1959. Copy of judgment-roll to be filed, etc. 1960. Transcript to be sent to county clerk, etc. § 1957. When attorney-general may maintain action. The attorney general may maintain an action to vacate or annul letters-patent, granted by the people of the State, in either of the following cases: 1. Where they were obtained by means of a fraudu. lent suggestion, or concealment of a material fact, made by, or with the knowledge or consent of, the person to whom they were issued. 2. Where they were issued in ignorance of a material fact, or through mistake. 3. Where the patentee, or those claiming under him, have done or omitted an act, in violation of the terms and conditions upon which the letters-patent were granted, or have, by any other means, forfeited the interest acquired under the same. Whenever the attorney-general has good reason to be lieve that any act or omission, specified in this section, can be proved, and that the person to be made defendant has no sufficient legal defence, he must commence such an action. Code of Proc., 433. People v. Clarke, 9 N. Y. 349, and ibid., 10 Barb. 120; People v, Colgate, 9 Hun, 708; Mancius v. Lawton, 10 Johns. 23; People v. Mauran, 5 Denio, 389; People v. Livingston, 8 Barb. 389; People v Schermerhorn, 19 id. 640. § 1958. Action triable by jury.—An action, brought as prescribed in this article, is triable, of course and of right, by a jury, as if it was an action specified in section 968 of this act, and without procuring an order, as prescribed in section 970 of this act. See? 1950, ante, and cases there cited. $1959. Copy of judgment-roll to be filed, etc.-Where final judgment, vacating or annulling letters patent, is rendered in an action, brought as prescribed In the last section, the attorney-general must cause a copy of the judgment-roll to be forth with filed in the office of the secretary of State; who must make an entry. in the records of the commissioners of the land office, stating the substance and effect of the judgment, and the time when the judgment-roll was filed. The real prop erty, granted by those letters-patent, may thereafter be disposed of by the commissioners of the land office, as if the letters-patent had not been issued. Code of Proc. 446 and part of 445, amended and consolidated. 2 R. 8. 580, 88 24 and 25 (2 Edm. 601). 1960. Transcript to be sent to county clerk, etc. -Immediately after making the entry prescribed in the last section, the secretary of State must transmit a cer tified transcript thereof to the clerk, or the register, ag the case requires, of each county, in which the real property affected by the judgment is situated. The clerk or register must file it; and, if the letters patent are recorded in his office, he must note the contents of the transcript in the margin of the record. New. L. 1845, ch. 110, 1 (4 Edm. 438). ARTICLE THIRD. ACTION FOR A FINE, PENALTY, OR FORFEITURE, OR UPON A FORFEITED RECOGNIZANCE. BEC. 1961. When action cannot be maintained. 1962. Action for forfeiture, etc. 1963. Money recovered; how disposed of. 1964. Certain proceedings in the action regulated. 1965. Recognizance; how forfeited. 1966. Action on recognizance. 1967. Money received by district-attorney; how disposed of. § 1961. [Amended, 1895.] When action cannot be maintained. Whenever, by the decision of the appellate division of the supreme court, a construction is given to a statute, an act done, in good faith, and in conformity to that construction, after the decision was made, and before a reversal thereof by the court of appeals, is so far valid, that the party doing it is not liable to any penalty or forfeiture, for an act that was adjudged lawful by the decision of the court below. But this section does not control or affect the decision of the court of appeals, upon an appeal actually taken before the reversal. In effect Jan. 1, 1896; L. 1895, ch. 946. 2 R, S. 602, § 66 (2 Edm. 624), amended. Saratoga v. Doherty, 16 How. Pr. 46; People ex rel. Cook v. Board of Police, 40 Barb. 626; s. C., 16 Abb. Pr. 337 39 N. Y. 506; People v. Van Pelt, 4 How. Pr. 36; see Pruyn v. Tyler, 18 id. 331. § 1962. Action for forfeiture, etc.-Where real or personal property has been forfeited, or a penalty incurred, to the people of the State; or to an officer, for their use, pursuant to a provision of law, the attorneygeneral, or the district-attorney of the county in which the action is triable, must bring an action to recover the property or penalty, in a court having jurisdiction thereof. Where the supreme court and a justice's court have concurrent jurisdiction of the action, it may be brought in either, at the election of the attorney-general or district-attorney. A recovery in such an action bars a recovery, in any other action, brought for the same cause. See Code of Proc., 447; 2 R. S. 481, 23 (2 Edm. 503). § 1963. Money recovered; how disposed of. Money recovered in such an action, which is not otherwise specially granted or appropriated by law, must, when collected, be paid into the treasury of the State. See, also, id., R. S., 23. 1964. Certain proceedings in the action regulated. -Sections 1897 and 1898 of this act apply to an action, brought as prescribed in the last two sections. See 227 and 15 R. S. 1965. Recognizance; how forfeited. Where the condition of a recognizance is broken, an order of the court, directing the prosecution of the recognizance, is » sufficient forfeiture thereof, Id., 31; People v. Scott, 67 N. Y. 585; People v. McCoy, 39 Barb. 73; People v. Blackman, 17 Wend, 352; People v. Wilgus, 5 Denio. 58. § 1966. Action on recognizance. Where a recogniz ance to the people is forfeited, the district-attorney of the county in which it was taken, must, unless the court otherwise directs, forthwith bring an action to recover the penalty thereof. It is not necessary, in such an action, to allege or prove any damages, by reason of the breach of the condition; but where the people are entitied to judgment therein, they must have judgment absolute, for the penalty of the recognizance. Id.. 29, amended; see 286, ante, and L. 1878, ch. 379. People Abrahams, 6 Daly, 120; People v. Cary. id. 406; People v. Williams, id 409; People v. Field, id. 410; People v. Deery, id. 493; People v, Hickey, 5 id. 365: s. c., 59 N. Y. 83; People v. Oyer and Terminer, 7 Hun, 114; People v. Devlin, 7 Daly, 47; People v. Tubbs. 37 N. Y. 586; People v. Blackman, 17 Wend. 252; People v. Shaver, 4 Park. 45; People v. Wissig, 7 Daly, 23. 1967. Money received by district-attorney; how disposed of. Within thirty days after a districtattorney receives or collects money upon a recognizance, or for a penalty or forfeiture, belonging to the county, he must pay it to the county treasurer of his county, deducting only his necessary disbursements; except that, where he does not receive, as his compensation, a salary fixed pursuant to law, the county court may, by an order entered in its minutes, allow him to retain also a sum, specified in the order, for his reasonable costs and expenses, and a reasonable counsel fee. Id., 32, amended by L. 1852, ch. 304, ?? 1 and 6 (3 Edm. 336), and L. 1870, ch. 752, 81 (7 Edm. 777). § 1968. District-attorney to render account. Each district-attorney must render to the first term of the county court of his county, held in each calendar year, a written account, verified by his affidavit, of all actions brought by him upon recognizances, or for penalties or forfeitures belonging to the county, or to the State; of all his proceedings therein; of all judgments recovered by him therein; and of all money, collected by him from any person, belonging to the county or to the State. This section applies to a district-attorney who has gone out of office, during the preceding calendar year. Id., 34, 35 and 36, amended and consolidated. ARTICLE FOURTH. CERTAIN ACTIONS, FOUNDED UPON THE SPOLIATION, OR Sec. 1969. Action in court of the State for public funds illegally obtained, converted, etc. 1970. Stay of other domestic actions; parties thereto to be brought in. 1971. Actions, etc., in foreign courts. 1972. Money, damages, etc., vest in people, on commencement action. 1973. Limitation of action. 1974. Ultimate disposition of proceeds of action in court of the State 1969. Action in court of the State for public funds illegally obtained, converted, etc.-Where any money, funds, credits, or other property, held or owned by the State, or held or owned, officially or otherwise, for or in behalf of a governmental or other public interest, by a domestic municipal, or other public corporation, or by a board, officer, custodian, agency, or agent of the State, or of a city, county, town, village or other division, subdivision, department, or portion of the State, has heretofore been, or is hereafter, without right obtained, received, converted, or disposed of, an action to recover the same, or to recover damages, or other compensation, for so obtaining, receiving, paying, converting, or disposing of the same, or both, may be maintained by the people of the State, in any court of the State having jurisdiction thereof, although a right of action for the same cause exists by law in some other public authority, and whether an action therefor, in favor of the latter, is or is not pending, when the action in favor of the people is commenced. L. 1875, ch. 49, 21; 22 549, 637 and 789, ante; People v. Tweed, 63 N. Y. 202; s. c., 5 Hun, 382. § 1970. Stay of other domestic actions; parties thereto to be brought in.-Where an action is com menced by the peopie, for a cause specified in the last section, the court in which it is brought may, upon the application of any party thereto, grant an order staying proceedings in any other action, brought, for the same cause, in the same or any other court of the State, by a public authority, other than the people; and, if necessary or proper, it may vacate any order or interlocutory judgment, made or rendered in such an action; and it may, by the same order, or by a subsequent order, granted upon the application of any party to either action, direct that any party to the action so stayed, be brought in, as a party to the action com. menced by the people. Id., 2, amended. § 1971. Actions, etc., in foreign courts.-The people of the State may commence and maintain, in their own name, or otherwise, as is allowable, one or more actions, suits, or other judicial proceedings, in any court, or before any tribunal of the United States, or of any |