$ 241. Military parades and organizations. L. 1916, ch. 564. nected with or attached to the national guard or naval militia of this state in any capacity or way whatsoever. In case any such certificate has been heretofore or may hereafter be granted, which in the judgment of the adjutant-general of the state, misleads or tends to mislead anyone into believing that such corporation is connected with or attached to the national guard or naval militia in any capacity or way whatsoever, the adjutant-general of the state shall notify such corporation, in writing, to forthwith discontinue the use of its said corporate name and forthwith take the necessary steps to change its name pursuant to the statute in such case made and provided, to some name not so calculated to mislead. In the event such proceedings are not forthwith taken and completed within six months from the service of said notice, the attorney-general is authorized and directed to bring an action to procure a judgment vacating or annulling the act of incorporation of such corporation, or any act renewing the corporation, or continuing its corporate existence or annulling the existence of such corporation. No city or town shall raise or appropriate any money toward arming or equipping, uniforming or in any other way supporting, sustaining or providing drill rooms or armories for any such body of men; but associations wholly composed of soldiers honorably discharged from the service of the United States, or members of the order of Sons of Veterans, may parade in public with firearms on Decoration day, or on May first, known as Dewey day, or upon the reception of any regiment or companies of soldiers returning from such service, and for the purpose of escort duty at the burial of deceased soldiers, and students in educational institutions where military science is a prescribed part of the course of instruction, and cadet organizations composed of youths under eighteen years of age, under responsible instructors, may, with the consent of the governor, drill and parade with firearms in public under the superintendence of their instructors. This section shall not be construed to prevent any organization authorized to do so by law from parading with firearms, nor to prevent parades by the national guard or naval militia of any other state. The independent military organizations mentioned in this section not regularly organized as organizations of the national guard or naval militia, are hereby made subject to the orders of the governor in case of emergency or necessity, to aid the national guard or naval militia in quelling invasion, insurrection, riot or breach of the peace, provided the officers and members of such organization shall, when so called upon, first sign and execute and deliver through their commanding officer to the officer to whom it is ordered to report, a form of enlistment in form to be prescribed by the governor in regulations or orders for a term not less than thirty days nor more than ninety days at one time; and if the service of such organization shall not be required for the full term of their enlistment they shall be discharged by the order of the governor. All members of such independent organizations when called into service of the state, as herein provided for, shall be equipped and paid by L. 1916, ch. 331. Mortgage foreclosure. Code Civ. Pro. § 1627. the state, and shall be protected in the discharge of their duties, and in obeying the orders of the governor, as though a part of the national guard or naval militia of the state. Any person violating any provision of this section shall be deemed guilty of a misdemeanor. (Amended by L. 1911, ch. 210, L. 1912, ch. 69, L. 1913, ch. 41, and L. 1916, ch. 564, in effect May 15, 1916.) MILITARY TRAINING. Physical training in schools; Education L., §§ 695-697. Generally; Military L., I§ 26-29-d. MILK. Evaporated or condensed; Agricultural L., § 37. Fat tests; Agricultural L., § 35-a. MONROE COUNTY. Commissioner of elections; Election L., §§ 210-223. MONUMENTS. L. 1916, ch. 637.-An act to provide for the construction of a monument to commemorate the services of the one hundred and fourth regiment of infantry, New York volunteers, upon the battlefield of Antietam and making an appropriation therefor. (In effect May 20, 1916.) Section 1. The New York monuments commission for the battlefields of Gettysburg, Chattanooga and Antietam, is hereby authorized and directed to construct upon the battlefield of Antietam a monument to commemorate the services of the one hundred and fourth regiment of infantry, New York volunteers, upon a site upon such battlefield to be selected by the commission. The sum of fifteen hundred dollars ($1,500), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, for the construction of such monument, to be expended under the direction of such commission and payable by the state treasurer on the warrant and audit of the compupon the certificate of the chairman of such commission. troller MORTGAGE. Who bound by judgment to foreclose, see Judgment. Code of Civil Procedure. $1627. Parties defendant.-Subd. 2 amended by L. 1916, ch. 331, in effect Sept. 1, 1916, as follows: 2. The people of the state of New York may be made a party defendant to an action for the foreclosure of a mortgage on real property, where the people of the state of New York have an interest in or a lien on the said Code Civ. Pro. § 1627. Mortgage foreclosure. L. 1916, ch. 331. real property subsequent to the lien of the mortgage sought to be foreclosed in said action, 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 particular nature of the interest in or the lien on the said real property of the people of the state of New York, and the reason for making the people a party defendant. 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, or encumbrance or any amount due thereon 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 interests 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 the commissioners of the land office, after a full presentation of the facts to them, shall have determined before the action of foreclosure 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, or encumbrance, or any amount due thereon, 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 verified statement in writing, and duly filed with the secretary of said commissioners at his office in the city of Albany, nor unless a certified copy of the referee's or sheriff's report of 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 three thousand two hundred fifty-two or three thousand two hundred fifty-three of this act be made to the plaintiff, in an action wherein the people of the state of New York is made a party defendant. MOSQUITOS. Extermination commissions in certain counties; Public Health L., §§ 400-418. MOTOR CYCLE. Registration and license; Highway L., §§ 300-310. MOTOR VEHICLES. Registration fees for auto trucks and omnibuses; Highway L., § 282. Disposi tion of registration fees; Highway L., § 291. L. 1916, chs. 541, 542. Nassau county. MOVING PICTURES. License to operate; General City L., § 18. Miniature apparatus exempted; General Business L., § 214. Employment of children in connection with manufacture of films; Penal L., § 485. MUNICIPAL COURT OF NEW YORK. Amendments of law, see New York. NASSAU COUNTY, Election of coroners; County L., § 180. Salaries of county judge and surrogate; County L., § 232. Special deputy liquor tax comr.; Liquor Tax L., § 6. Cemeteries in; Membership Corporations L., § 85. L. 1916, ch. 542.-An act to legalize and confirm the acts and proceedings of the board of elections and board of supervisors of the county of Nassau, in relation to the publication of election notices in the year nineteen hundred and eleven, and authorizing payment of claim presented therefor. (In effect May 15, 1916.) L. 1916, ch. 541.-An act relating to the preparation of assessment-rolls for the townships and tax districts therein in the county of Nassau, and the collection of taxes in such towns and tax districts, and to repeal certain local acts and parts of acts relating to assessments and taxation in such county. (In effect May 15, 1916.) When ferries not subject to inspection or license.-All ferries operated by cable, rope or gasoline boat entirely separated from the scow or carrying vehicle, except by such attachment by means of rope, chains or other devices as may be necessary to force the scow or vessel across the river, are not subject to the provisions of the Navigation Law as to inspection or license. Atty. Genl. Opin., 5 State Dep. Rep. 492 (1915). §§ 2, 35, 42, 51, 52, 54. Decisions. NEGOTIABLE INSTRUMENTS LAW. (L. 1909, ch. 43.) § 2. Definitions. Delivery. See Grannis v. Stevens (1916), 216 N. Y. 583. § 35. Delivery; when affectual; when presumed. Act and intention are the essential constituents of a delivery which makes the instrument operative according to its terms. The final question is, did the obligor do such act in reference to it as evidences an intention to give it, in the possession or control of the obligee, effect and operation according to its terms. Whenever there has been a delivery of the instrument for the purpose of giving it such effect, it becomes a present and completed contract and parol evidence cannot be given to contradict, vary or modify its terms. Grannis v. Stevens (1916), 216 N. Y. 583, affg. 157 App. Div. 561, 142 N.Y. Supp. 835. § 42. Forged signature; effect of. Forged indorsement of payee; deposit of checks to holder's account; indorsement of forged instrument; right of depositary to reimburse drawee.-Where a person having possession of checks forged the names of the payees and then indorsed them himself and delivered them to the plaintiff, who deposited them to his own account in a bank, the plaintiff obtained no title to the instruments and is not entitled to recover the deposit from the bank which, on discovering the forgery, canceled the credit and reimbursed the bank upon which the checks had been drawn. The plaintiff by indorsing the checks for deposit guaranteed the validity of the forged indorsement. The bank in which the checks were deposited to the plaintiff's account was under no obligation to await a suit by the bank upon which the checks were drawn before reimbursing it. Geering v. Metropolitan Bank (1915), 170 App. Div. 751, 156 N. Y. Supp. 582. § 51. What constitutes consideration. An old debt and an extension of time for the payment thereof constitute "value." In re Progressive Wall Paper Corp. (1915), 224 Fed. 143. Holder for value.-Brown v. Brown (1915), 91 Misc. 220, 154 N. Y. Supp. 1098. § 54. Effect of want of consideration. Defense of lack of consideration.-Whether or no an instrument in the form of a promissory note is non-negotiable by reason of the fact that the promise to pay is not unconditional but is contingent upon an election by the holder, the defense of lack of consideration is available where the original payee is still the holder. Where such instrument contains the words "for value received" and is pleaded in hæc verba, it is equivalent to an allegation of consideration; but this may be controverted by the maker. Du Bosque v. Munroe (1915), 168 App. Div. 821, 154 N. Y. Supp.. 462. The provision that "absence or failure of consideration is a matter of defense as against any person not a holder in due course" expresses à principle of sub |