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 fraudulent 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 believe. 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.

From Co. Proc. § 433.

§ 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.

§ 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 forthwith 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 judgmentroll was filed. The real property, 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.

From Co. Proc. § 446 and part of § 445; 2 R. S. 580, §§ 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 certified transcript thereof to the clerk, or the register, as 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.

ARTICLE THIRD.

Action for a Fine, Penalty, or Forfeiture, or upon a Forfeited Recognizance.

SEC. 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.
1968. District-attorney to render account.

§ 1961. 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.

From 2 R. S. 602, Part 3, ch. 9, tit. 3, § 66 (2 Edm. 624).
Am'd by ch. 946 of. 1895.

§ 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 attorney-general, 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. From Co. Proc. § 447, 2 R. S. 481, Part 3, ch. 8, tit. 6, §§ 3 and 4 (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.

From part of § 3 of the R. S.

§ 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.

From Id., §§ 7 and 15

§ 1965. Recognizance, how forfeited.

Where the condition of a recognizance is broken, an order of the court, directing the prosecution of the recognizance, is a sufficient forfeiture thereof.

From 2 R. S. 486, Part 3, ch. 8, tit. 6, § 31.

§ 1966. Action on recognizance.

Where a recognizance 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 entitled to judgment therein, they must have judgment absolute, for the penalty of the recognizance.

From Id., § 29.

§ 1967. Money received by district-attorney; how disposed of.

Within thirty days after a district-attorney 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.

From Id., § 32; ch. 304 of 1852, §§ 1 and 6 (3 Edm. 336), and ch. 752 of 1870, § 1 (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 districtattorney who has gone out of office, during the preceding calendar

vear.

From Id., §§ 34, 35 and 36.

ARTICLE FOURTH.

Certain Actions, Founded upon the Spoliation, or other Misappropriation of Public Property.

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 of action. 1973. Limitation of action.

1974. Ultimate disposition of proceeds of action in court of the State. 1975. Id.; upon petition of corporation, etc., aggrieved.

1976. Attorney-general must bring action.

§ 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.

From ch. 49 of 1875, § 1.

See 88 549, 637, 789, 1925.

§ 1970. Stay of other domestic actions; parties thereto to be brought in.

Where an action is commenced by the people, 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 commenced by the people.

From Id., § 2.

§ 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 other State, or of any territory of the United States or of any foreign country, for any cause specified in the last section but one.

From Id., § 1.

§ 1972. Money damages, etc., vest in people on commencement of action.

Upon the commencement, by the people of the State, of any action, suit, or other judicial proceeding, as prescribed in this article, the entire cause of action, including the title to the money, funds, credits or other property, with respect to which the suit or action is brought, and to the damages or other compensation, recoverable for the obtaining, receipt, payment, conversion, or disposition thereof, if not previously so vested, is transferred to, and becomes absolutely vested in, the people of the State.

From Id.

§ 1973. Limitation of action.

The people of the State will not sue for a cause of action, specified in this article, unless it accrued within ten years before the action is commenced.

From Id.

See §§ 362, 398, 399, 401, 403.

§ 1974. Ultimate disposition of proceeds of action, in court of the State.

Any court of the State, in which an action is brought by the people, as prescribed in this article, may, by the final judgment therein, or by a subsequent order, direct that any money, funds, damages, credits or other property, recovered by, or awarded to, the plaintiff therein, which, if that action had not been brought, would not have vested in the people, be disposed of, as justice requires, in such a manner as to re-instate the lawful custody thereof, or to apply the same, or the proceeds thereof,, to the objects and purposes for which they were authorized to be raised or procured; after paying into the State treasury, out of the proceeds of the recovery, all expenses incurred by the people in the action.

From Id., 3.

§ 1975. Id.; upon petition of corporation, etc., aggrieved. Any corporation, board, officer, custodian, agency, or agent, may, in behalf of any city, county, town, village, or other division, subdivision, department, or portion of the State, which was not a party to an action, brought as prescribed in this article, and which claims to be entitled to the custody or disposition of any of the money, funds, damages, credits, or other property, recovered by, or awarded to the plaintiff, by the final judgment in the action, or any of the proceeds thereof, and not disposed of as prescribed in the last section, present, at any time after the actual collection of the money, and its payment into the State treasury, or the actual receipt of the property by the people, to the supreme court, at a special term thereof held in the county of Albany, a verified petition, setting forth the facts, and praying for the relief to which he or it is entitled. Notice of the application and a copy of the petition must be served upon the attorney-general. Upon the hearing the court may make such a final order, as justice requires, for the disposition of the money or other property, as prescribed in the last section.

From Id.

§ 1976. Attorney-general must bring action.

The attorney-general must commence an action, suit, or other judicial proceeding, as prescribed in this article, whenever he deems it for the interest of the people of the State, so to do; or whenever he is so directed, in writing, by the governor.

From Id., § 4.