§§ 3, 4.

State park bonds; sale, etc.

L. 1916, ch. 569. money received from the sale of said bonds or from miscellaneous sources shall constitute a sinking fund which is hereby created. Said fund shall be used solely for the purpose of paying the principal and interest of bonds issued in accordance with the provisions of this act.

§ 3. The proceeds of two million five hundred thousand dollars of such bonds, after appropriation or appropriations therefrom by the legis lature, shall be applicable to the acquisition of lands for the extension of the Palisades Interstate park. Such moneys shall be expended and lands acquired by the commissioners of the Palisades Interstate park under the provisions of chapter one hundred and seventy of the laws of nineteen hundred, as amended. Such moneys shall be available for payment of the purchase price where lands are acquired by contract or for payments of judgments and awards in case of purchase by condemnation.

§ 4. The proceeds of seven million five hundred thousand dollars of such bonds, after appropriation or appropriations therefrom by the legis lature, shall be applicable to the acquisition of lands for state park purposes within the forest preserve counties which lands, if now owned by the state under existing law, would be part of the forest preserve. Such moneys shall be expended and lands acquired under the direction of the conservation commission by and with the advice and consent of the commissioners of the land office. Such lands may be acquired in such manner as the legislature shall provide, which may be either by purchase, by condemnation or by entry and appropriation with submission to the court of claims or supreme court for the determination and award of damages for such entry and appropriation, or by one or more of such methods as the legislature may provide; but no proceeding shall be instituted by condemnation or by entry and appropriation unless provision be made by law for filing the written consent thereto of the commissioners of the land office with the county clerk of each county in which lands proposed to be taken are situated. Subject to the filing of such consent, any such proceeding shall be conducted by and in the name of the conservation commission; provided, however, that if any other board, officer or commission shall succeed by law to the general powers of the conservation commission in relation to the care of the forest preserve, such latter board, officer or commission shall have and exercise all of the powers and duties conferred by any provision of this section upon the conservation commission. The moneys realized from such bonds, after appropriation by the legislature, shall be available for payment of the purchase price, where lands are acquired by contract, and for the payment of judgments and awards in case of proceedings by condemnation or by entry and appropriation. No moneys shall be paid out under this section for the acquisition of lands by contract except upon the warrant and audit of the comptroller, after submission to him of vouchers therefor approved by the conservation commission and by the commis

L. 1916, ch. 330.

Partition action; state a party.

Code Civ. Pro. § 1594.

sioners of the land office, accompanied with the certificate of the attorneygeneral approving the title to and conveyance of the lands purchased.

§ 5. The term "lands" as used in this act includes the improvements thereon, if any. All lands acquired under this act shall be for the use of all the people.

§ 6. Submission of law to people. This law shall not take effect until it shall at a general election have been submitted to the people and have received a majority of all the votes cast for and against it at such election; and the same shall be submitted to the people of this state at the general election to be held in November, nineteen hundred and sixteen. The ballots to be furnished for the use of the voters upon the submission of this law shall be in the form prescribed by the election law and the proposition or question to be submitted shall be printed thereon in substantially the fol lowing form, namely: "Shall chapter (here insert the number of the chapter) of the laws of nineteen hundred and sixteen, entitled 'An act making provision for issuing bonds to the amount of not to exceed ten million dollars for the acquisition of lands for state park purposes, and providing for a submission of the same to the people to be voted upon at the general election to be held in the year nineteen hundred and sixteen,' be approved?"

PARTITION.

Who bound by judgment; see Judgment.

Code of Civil Procedure.

§ 1594. When state is interested. The people of the state may be made a party defendant to an action for the partition of real property, in the same manner as a private person. In such a case the summons must be served upon the attorney-general who must appear in behalf of the people, but where the people of the state of New York are made a party defendant, as herein provided, the complaint shall set forth, in addition to the other matters required to be set forth by the code of civil procedure detailed facts showing the nature and extent of the interest in or lien on the said real property of the people of the state of New York and the reason for making the people a party. Upon failure to state such facts, the complaint shall be dismissed, as to the people of the state of New York. 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, to perfect in the state a title to any such lands or to protect the state's interest therein, and the plaintiff shall not be entitled to costs in an action wherein the people of the state are made a party defendant, unless

Code Civ. Pro. § 1594.

Partition action; state a party.

L. 1916, ch. 330. the commissioners of the land office, after a full presentation of the facts to them shall have determined before the action of partition 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 copy of the commissioners' report of partition, and of the referee's or sheriff's report of sale, in case of a sale, filed in the action shall have first been duly served upon the attorney-general nor in any event shall an additional allowance under sections thirty-two hundred and fifty-two or thirty-two hundred and fifty-three of this act be made to the plaintiff, in an action wherein the people of the state of New York are made a party defendant. (Amended by L. 1916, ch. 330, in effect Sept. 1, 1916.)

Under an indictment charging a person as a direct common-law principal it may be shown that he either committed the act himself or that he acted in conjunction with those who did commit it. People v. Eichner (1915), 168 App. Div. 200, 154 N. Y. Supp. 44.

Principals. See People v. Galbo (1916), 218 N. Y. 283, 289.

§ 43. Penalty for acts for which no punishment is expressly prescribed. Driving on the left side of a highway is not a misdemeanor within the meaning of this section which involves a wrongful purpose. Driving on the left side of a road subjects the offender only to a civil penalty, to be recovered by the party injured, in addition to the damages caused by such violation. Hence, a driver of a farm wagon cannot be convicted under this section for a misdemeanor for driving on the wrong side of the road in the evening without lights, thereby causing injury to a motor car and the driver thereof. People v. Martinitis (1915), 168 App. Div. 446, 153 N. Y. Supp. 791.

Age of female.-This is based upon the theory that a girl under eighteen years of age is incapable of consenting to the act. Boyles v. Blankenhorn (1915), 168 App. Div. 388, 153 N. Y. Supp. 466.

§ 120. Advertising to procure divorces.

Application. It is not necessary to a violation of said statute that the advertisement contain the particular words condemned by the section; it is sufficient that words are used which convey the same meaning. Matter of Neuman (1915), 169 App. Div. 638, 155 N. Y. Supp. 428.

Attorney at law suspended from practice for advertising that he made matrimonial actions a specialty, contrary to this section. Matter of Neuman (1915), 169 App. Div. 638, 155 N. Y. Supp. 428.

§ 188-a. Selling disabled horses.-It shall be unlawful for any person holding an auctioneer's license knowingly to receive or offer for sale or to sell at public auction, other than at a sheriff's or judicial sale under a court order, any horse which by reason of debility, disease or lameness, or for any other cause, could not be worked in this state without violating the law against cruelty to animals. Any person violating any provision of this section shall upon conviction be punished by a fine of not less than five dollars nor more than one hundred dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment. (Added by L. 1916, ch 309, in effect Apr. 25, 1916.)

$ 190. Poisoning or attempting to poison animals.

Conspiracy for poisoning horses of competitiors in business; when question whether a witness is an accomplice is not a question of law but one of fact for a

$$ 193, 280.

Corporations not to practice law.

L. 1916, chs. 173, 254. jury.-Defendants were indicted and convicted for the crime of poisoning a horse. They were members of an association of ice cream manufacturers which, it is charged, employed men to poison the horses of independent dealers who refused to join the association. The trial court instructed the jury that a certain witness called by the prosecution was not an accomplice, thereby permitting the jury to find a verdict upon his uncorroborated testimony. The evidence permits the inference that there was a conspiracy to poison the horses of the competitors of the association; that its managers were authorized to use its funds for that purpose; that the witness promoted the conspiracy by joining the association and by paying the poisoners whom it employed; that the crime charged was committed under the direction of the managers of the association, was in aid of the common purpose and that the witness knowing this paid his quota of the cost. It was held, that the instruction of the trial court was erroneous and that it should have been left to the jury to determine whether the witness was an accomplice. Another witness called by the prosecution had poisoned other horses under the orders of one of the defendants and had been paid by the association, but he did not poison the horse in question and had no part in the poisoning. It was held, that he was not an accomplice within the meaning of the statute. People v. Swersky (1916), 216 N. Y. 471, affg. 168 App. Div. 941, and revg. 168 App. Div. 950.

§ 193. Transporting animals for more than twenty-eight consecutive hours without unloading-A railway corporation, or an owner, agent, consignee, or person in charge of any horses, sheep, cattle, or swine, in the course of, or for transportation, who confines, or causes or suffers the same to be confined, in cars for a longer period than twenty-eight consecutive hours, without unloading for rest, water and feeding, during five consecutive hours, unless prevented by storm or inevitable accident, is guilty of a misdemeanor. In estimating such confinement, the time during which the animals have been confined without rest, on connecting roads from which they are received, must be computed. If the owner, agent, consignee, or other person in charge of any such animals refuses or neglects upon demand to pay for the care or feed of the animals while so unloaded or rested, the railway company, or other carriers thereof, may charge the expense thereof to the owner or consignee and shall have a lien thereon for such expense. (Amended by L. 1916, ch. 173, in effect Sept. 1, 1916.)

§ 280. Corporations and voluntary associations not to practice law. It shall be unlawful for any corporation or voluntary association to practice or appear as an attorney-at-law for any person other than itself in any court in this state or before any judicial body, or to make it a business to practice as an attorney-at-law, for any person other than itself, in any of said courts or to hold itself out to the public as being entitled to practice law, or render or furnish legal services or advice, or to furnish attorneys or counsels or to render legal services of any kind in actions or proceedings of any nature or in any other way or manner, or in any other manner to assume to be entitled to practice law or to assume, use or advertise the title of lawyer or attorney, attorney-at-law, or equivalent terms in any language in such manner as to convey the impression that it is entitled to practice