the defendant, belonging to the office from which the defendant has been so excluded. § 1952. If the defendant refuses or neglects to dellver any of the books or papers, demanded as prescribed in the last section, he is guilty of a misdemeanor; and the same proceedings must be taken, to compel the delivery thereof, as are now or shall hereafter be prescribed by law, where a person who has held an office, refuses or neglects to deliver the official books or papers to his successor. § 1953. [Am'd 1884.] Where final judgment has been 101 N.Y.50% rendered, upon the right and in favor of the person so alleged to be entitled, he may recover, by action against the defendant, the damages which he has sustained, in con sequence of the defendant's usurpation, intrusion into, un lawful holding, or exercise of the office. 1954. Where two or more persons claim to be entitled to the same office or franchise, the Attorney-General may bring the action against all, to determine their respective rights thereto. act. $ 1955. [Am'd 1896.] In an action brought as specified in subdivisions third or fourth of section nineteen hundred an forty-eight of this act, the final judgment in favor of the paintiff must perpetually restrain the defendant or defendants from the commission or continuance of the act or acts complained of. A temporary injunction to restrain the commission or continuance thereof may be granted, upon proof, by affidavit, that the defendant or defendants have violated any of the provisions of either of the said subdivisions third or fourth of section ninteen hundred and forty-eight of this The provisions of title second of chapter seventh of this act apply to such a temporary injunction, and the proceedings thereupon, except where provision is otherwise mide in this title. For that purpose, the injunction order is deemed to have been granted as prescribed in section six hundred and three of this act. In the trial of an action brought as prescribed in subdivisions third or fourth of section nineteen hundred and forty-eight of this act, a party or a witness is not excused from answering a question on the ground that such answer will tend to incriminate him; but such answer can not be used as evidence against the person so answering in a criminal action or criminal proceeding. 1956. In any other action, brought as prescribed in 128 N.Y. 19 this article, where a defendant is adjudged to be guilty of usurping or intruding into, or unlawfully holding or exercising, an office, franchise, or privilege, final judgment must be rendered, ousting and excluding him therefrom, and in favor of the people or the relator, as the case requires, for the costs of the action. As a part of the final judgment, the court may, in its discretion, also award, that the defendant, or, where there are two or more defendants, that one or more of them, pay to the people a fine, not exceeding two thousand dollars. The judgment for the fine may be docketed, and execution may be issued thereupon, 'n favor of the people, as if it had been rendered in an action to recover the fine. The fine, when collected, must be paid into the treasury of the State. Dem. 313. § 2515. A citation or other mandate of a surrogate's court must, except where it is otherwise specially prescribed by law, be made returnable before the surrogate from whose court it was issued, and may be served or executed in any county. A warrant of attachment must be directed to the sheriff of the surrogate's county; who may execute it in any county, and must convey the person arrested to the place where it is returnable. § 2516. Except in a case where it is otherwise specially prescribed by law, a special proceeding in a surrogate's court must be commenced by the service of a citation, issued upon the presentation of a petition. But upon the presentation of the petition, the court acquires jurisdiction to do any act, which may be done before actual service of the citation. $2517. The presentation of a petition is deemed the com mencement of a special proceeding, within the meaning of any provision of this act, which limits the time for the commencement thereof. But in order to entitle the petitioner to the benefit of this section, a citation issued upon the presentation of the petition, must, within sixty days thereafter, be served, as prescribed in section two thousand five hundred and twenty of this act, upon the adverse party, or upon one or two or more adverse parties, who are jointly liable, or otherwise united in interest; or, within the same time, the first publication thereof must be made, pursuant to an order made as prescribed in section two thousand five hundred and twenty-two of this act. 2518. Where it is prescribed, in any provision of this chapter, that a petition must pray that a person, or that creditors, next of kin, legatees, heirs, devisec, or other persons constituting a class, may be cited for any purpose, all those persons are necessary parties to the special proceeding. Where persons to be cited constitute a class, the petitioner must set forth in an affidavit, the name of each of them, unless the name, or part of the name, of one or more of them cannot, after diligent inquiry, be ascertained by him; in which case, that fact must be set forth, and the surrogate must, thereupon, inquire into the matter. For the purpose of the inquiry, he may, in his descretion, issue a subpoena, requiring any person to attend before him to testify respecting the matter. If he is satisfied, upon the allegations of the petitioner, or after making the inquiry, that the name of one or more of the persons to be cited, cannot be ascertained with reasonable diligence, the citation may be directed to that person or those persons, by a general designation, showing his, her, or their connection with the decedent, or interest in the property or matter in question; or otherwise sufficiently identifying the person or persons intended. A citation, thus directed, has the same force and effect, as if it was directed to the person or per sons intended, by their names; and where the person or persons so intended are duly cited, in any manner prescribed by law, the decree binds them, as if they were named therein. A petition. duly verified, is deemed an affidavit, within the meaning of this section. 2519. A citation must be made returnable upon a day certain, designated therein, not more than four months after the date thereof; and must specify whose estate or what subject-matter is in question. The names of all the persons to be cited, as far as they can be ascertained, must be contained in the citation. Where the name, or part of the name, of either of them cannot be ascertained, that fact must be stated in the citation." § 2520. Except where special provision is otherwise ? Dem. 5 made by law, service of a citation, within the State, must be made upon an adult person, or an infant of the age of fourteen years or upwards, by delivering a copy thereof to the person to be served, or by leaving a copy at his residence, or the place where he sojourns, with a person of suitable age and discretion, under such circumstances, that the surrogate has good reason to believe that the copy came to his knowledge, in time for him to attend at the return day. A citation must be so served, if within the county of the surrogate, or an adjoining county, at least eight days before the return day thereof; if in any other county, at least fifteen days before the return day; unless, in either case, the person served, being an adult, and not incompetent, assents in writing to a service within a shorter time. Any person, although a party to the special proceeding, may serve a citation. § 2521. Where it appears, by affidavit, to the satisfaction of the surrogate from whose court a citation issued, that proper and diligent effort has been made to serve it upon a resident of the State, as prescribed in the last sec tion; and that the person to be served cannot be found, or, if found, that he evades service, so that it cannot be made the surrogate may make an order, directing that service thereof be made, as prescribed in section four hundred and thirty-six of this act; and the provisions of that section and of section four hundred and thirty-seven of this act, relating to the service of a summons, apply to the service of a citation, pursuant to an order made as prescribed in this section. 2522. [Am'd 1881.] The surrogate, from whose court a citation is issued, may make an order, directing the service thereof without the State, or by publication, in either of the following cases: 1. Where it is to be served upon a foreign corporation, or upon a person who is not a resident of the State. 2. Where the person to be served, being a resident of the State, has departed therefrom, with intent to defraud his ereditors, or to avoid the service of process. The Union Surety and Guaranty Co. 121 N.Y.522. § 1967. 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. § 1968. Each district-attorney must render to the first term of the county court of his county, held in each calen 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 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. ARTICLE FOURTH. CERTAIN ACTIONS, FOUNDED UPON THE SPOLIATION, OR § 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 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 com menced. S$ 1970-1975 ACTIONS BY THE PEOPLE. 111 § 1970. 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 there , 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. 1971. 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. 1972. 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. § 1973. 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. 1974. 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. 1975. 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 |