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. ART. 2. triable by § 1958. An action, brought as prescribed in this article, Action is triable, of course and of right, by a jury, as if it was an jury. action specified in section 968 of this act, and without procuring an order, as prescribed in section 970 of this act. judg roll to be § 1959. Where final judgment, vacating or annulling Copy of letters-patent, is rendered in an action, brought as prescribed mentin the last section, the attorney-general must cause a copy of filed, etc. 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 judg ment-roll 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. script to 1960. Immediately after making the entry prescribed Tranin the last section, the secretary of State must transmit a be sent certified transcript thereof to the clerk, or the register, as olerk, eto the case requires, of each county, in which the real property to county TITLE 1. 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. When action cannot be maintained. Action for forfeiture, sto. ARTICLE THIRD. ACTION FOR A FINE, PENALTY, OR FORFEITURE, OR UPON A FORFEITED 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. § 1961. Whenever, by the decision of the general term of the supreme court, or of a superior city 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. § 1962. 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 jurisdic tion thereof. Where the supreme court and a justice's court have concurrent jurisdiction of the action, it may 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. be ART. 3. recover § 1963. Money recovered in such an action, which is not Money otherwise specially granted or appropriated by law, must, ed; how when collected, be paid into the treasury of the State. disposed of. § 1964. Sections 1897 and 1898 of this act apply to an Certain action, brought as prescribed in the last two sections. proceed. ings in the action regulated. nizance. § 1965. Where the condition of a recognizance is broken, Recog an order of the court, directing the prosecution of the re- how for cognizance, is a sufficient forfeiture thereof. feited. on recog § 1966. Where a recognizance to the people is forfeited, Action the district-attorney of the county in which it was taken, nizance. 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. received trict how dis § 1967. Within thirty days after a district-attorney re- Money ceives or collects money upon a recognizance, or for a pen- by dis alty or forfeiture, belonging to the county, he must pay it attorney to the county treasurer of his county, deducting only his posed of. 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 reasona ble counsel fee. attorney account 1968. Each district-attorney must render to the first Districtterm of the county court of his county, held in each calen- to render dar 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 TITLE 1. State; Action in court of the State for public funds obtained, ed, etc. ARTICLE FOURTH. CERTAIN ACTIONS, FOUNDED UPON THE SPOLIATION, OR OTHER MISAPPROPRIA- SEC. 1969. Action in court of the State for public funds illegally obtained, con- 1970. Stay of other domestic actions; parties thereto to be brought in. 1972. Money, damages, etc., vest in people, on commencement of action. 1974. Ultimate disposition of proceeds of action in court of the State. 1976. Attorney-general must bring action. § 1969. 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 illegally public interest, by a domestic municipal, or other public convert 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. Stay of other § 1970. Where an action is commenced by the peodomestic ple, for a cause specified in the last section, the court in actions; ART. 4 thereto brought which it is brought, may, upon the application of any party parties thereto, grant an order staying proceedings in any other to be action, brought, for the same cause, in the same or any other in 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. etc., in courts. § 1971. The people of the State may commence and main- Actions, tain, in their own name, or otherwise, as is allowable, one foreign 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. damages, in people, mence ment of action. 1972. Upon the commencement, by the people of the Money State, of any action, suit, or other judicial proceeding, as etc., vest prescribed in this article, the entire cause of action, includ- on com ing 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. tion of § 1973. The people of the State will not sue for a cause Limita of action, specified in this article, unless it accrued within action. ten years before the action is commenced. L disposi 1974. Any court of the State, in which an action is Ultimate brought by the people, as prescribed in this article, may, tion of by the final judgment therein, or by a subsequent order, of action. [21] 161 proceeds |