Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

Laws ,

CHAP 186.
AN ACT to authorize the appointment of Commissioners to

take the proof and acknowledgment of deeds and other
instruments, and to administer oaths in foreign States and
Countries, and for other purposes, and to repeal chapter
three hundred and eight, of the Laws of eighteen hundred
and fifty-eight, and the acts amendatory thereof together
with so much of chapter two hundred and seventy of the
Laws of eighteen hundred and fifty, entitled “ An act to
authorize the appointment of Commissioners to take the
proof and acknowledgment of deeds and other instruments
and to administer oaths in other States and Territories, and
the acts amendatory thereof as authorizes the appointment
by the Governor of this State of Commissioners to take
the proof and acknowledgment of deeds and other instru- Şee ch, 58,
ments and to administer oaths in the Dominion of Canada. post.

PASSED, April 22, 1875. Tke People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The Governor is hereby authorized to appoint and com- Governor mission one or more, and not exceeding five commissioners in each to appoint city in any foreign State or Country, where, in his discretion such sioners. appointment may be necessary, who shall continue in office for four years, and who shall have authority to take the acknowledgment or Powers. proof of the execution of any deed or written instrument, to be recorded or read in evidence in this State, (except bills of exchange, promissory notes, and last wills and testaments), and also to administer an oath or affirmation to any person or persons who may desire to take the same and to certify to the taking of such oath or affirmation; and also to certify the existence of any patent, record or other document remaining of record in any public office or official custody in such foreign State or Country, and the correctness of a copy of any such patent, record or other document. The certificate of any one of such Certificate commissioners under his official seal and subscribed by him, in regard to the acknowledgment or proof of the executions of any such deed or etfect of. written instrument, or the taking of such oath or affirmation, or the existence of such patent, record or document, or the correctness of any copy thereof when authenticated by the Secretary of State as hereinafter mentioned, shall authorize the recording or reading in evidence of such deed or written instrument, oath or affidavit, copy of patent, record or document.

$ 2. Before any such deed or other instrument, oath or affidavit, Certiflcate patent, record or document, shall be entitled to be used, recorded or of Secretaread in evidence, in addition to the preceding requisites, there shall be ry of State. en bjoined or affixed to the certificate signed and sealed by such commissioner, as aforesaid, a certificate, under the hand and official seal of the Secretary of State of this State, certifying that such commissioner was duly authorized to take such proof or acknowledgment, or to administer such oath or affirmation, or to certify the existence and correctness of a copy of such patent, record or document, at the time his certificate thereto bears date, and that the Secretary is acquainted

of commiesioner,

commis

Seal.

with the handwriting of such commissioner, or has compared the signature to such certificate with the signature of such commissioner deposited in his office, and has also compared the impression of the seal affixed to such certificate with the impression of the seal of such commissioner deposited in his office, and that he believes the signature

and the impression of the seal of the said certificate to be genuine. Oath of § 3. Every commissioner appointed by virtue of this act, before persioner.

forming any duty or exercising any power in virtue of his appointment, shall take and prescribe an oath or affirmation before a person authorized to administer such oath or affirmation in such foreign State or Country by the laws of this State, or before a judge or clerk of one of the courts of record of the foreign State or Country in which such commissioner shall reside, well and faithfully to execute and perform all the duties of such commissioner under and by virtue of the laws of the State of New York; and shall also cause to be prepared an official seal, on which shall be designated his name and the words “commissioner of deeds for the State of New York," with the name of the city and foreign State or Country for which he shall be appointed, and shall cause a distinct impression of such seal, taken upon wax or some other substance capable of receiving and retaining a clear impression, together with his signature, in his own proper writing, and the oath or affirmation above in this section mentioned, duly certified by the person before whom it may have been taken, to be filed in the office of the

Secretary of this State. Vacancies. $ 4. As often as the term of office of any commissioner appointed by

virtue of this act shall expire, or the office shall become vacant by the death, resignation, or removal from the city for which he was appointed of such commissioner, the Governor shall have power to fill the office by new appointment, and the person so appointed shall, upon complying with the provisions of the third section of this act, hold his office by the tenure, and shall possess the powers specified in the first section

of this act. Pay for § 5. The Secretary of State shall be entitled to demand and receive certificate

the sum of twenty-five cents for every certificate by him given in purtary of

suance of the third section of this act. Secretary 8 6. It shall be the duty of the Secretary of State to forward instrucof State to tions and forms, in accordance with the laws of this State, together forward

with a copy of this act, to each person who shall be appointed a comtions.

missioner under and by virtue of this act. commis

8 7. The fees of such commissioners for services under this act shall sioners. be as follows: In Great Britain and Ireland, for administering each

oath and certifying the same, one shilling sterling; in France, one franc and twenty-five centimes. In Great Britain and Ireland for taking each acknowledgment or proof of any deed or other written instrument to be recorded or read in evidence, and for certifying the existence or correctness of a copy of any patent, record, or other document, four shillings sterling; in France five francs, and in all other foreign States or Countries, the same compensation as is allowed the

commissioners in France. Certified

§ 8. A copy of any patent, record, or other document, remaining of copies of

record in any public office of any foreign State or Country, when certirecords.

fied according to the form in use in such foreign State or Country, and also certified according to the first and second sections of this act, may

be read in evidence in any of the courts of this State. Presump- $ 9. The certificate of any one of said commissioners, annexed to a certi acate. paper purporting to be certified as in the last section provided, shall

of Secre.

State.

instruc

Fees of

foreign

tion as to

1876,

be presumptive evidence that it has been certified according to the form in use in such foreign State or Country.

$ 10. All the official acts of the commissioners heretofore appointed Existing by the Governor under chapter three hundred and eight of the laws sioners. of eighteen hundred and fifty-eight, entitled "An act to authorize the appointment of commissioners to take the proof and acknowledgment of deeds and other instruments, and to administer oaths in Great Britain and France," and the acts amendatory thereof, are hereby legalized, ratified and confirmed, notwithstanding any excess in the number of commissioners appointed in said countries under said acts beyond the number authorized by law; and the said commissioners so appointed, and now in office, shall continue to hold their respective offices during a term of four years from the date of their commissions, and no longer; but nothing herein contained shall be deemed or taken to affect the rights of any party to any suit or proceeding commenced prior to the passage of this act.

$ 11. Said chapter three hundred and eight of the laws of eighteen Repeal. lundred and fifty-eight, and the acts amendatory thereof, together See ch 58 with so much of chapter two hundred and seventy of the laws of post. eighteen hundred and fifty, entitled “An act to authorize the appointment of commissioners to take the proof and acknowledgment of deeds and other instruments, and to administer oaths in other States and Territories,” and the acis amendatory thereof as authorizes the appointment, by the Governor of this State, of commissioners to take the proof and acknowledgment of deeds and other instruments, and to alminister oaths in the Dominion of Canada, are hereby repealed; and, hereafter, all appointments of such commissioners in foreign States and Countries shall be made under and pursuant to this act; but nothing herein contained shall affect the rights of commissioners heretofore appointed pursuant to said chapter three hundred and eight, laws of eighteen hundred and fifty-eight, and the acts amendatory thereof, or under said chapter two hundred and seventy, laws of eighteen hundred and fifty, and the acts amendatory thereof; and such commissioners 50 appointed shall remain in office and continue to exercise the powers and perform the duties conferred upon them under said acts during the term of four years, from the date of their respective appointments, and no longer.

$ 12. This act shall take effect on the first day of May, eighteen hundred and seventy-five. Ante, vol. 4, pp. 441, 445.

CHAP 138.
AN ACT further to amend chapter one hundred and thirty, of

the laws of eighteen hundred and forty-two, entitled “An
act respecting elections other than for militia and town
officers."

PASSED April 22, 1875; three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SECTION 1. Section seventeen of title four of chapter one hundred

Amending and thirty of the laws of eighteen hundred and forty-two, entitled “An ch. 130, act respecting elections other than for militia and town officers," is I am 16. further amended so as to read as follows:

Laws 1842,

On challenge for paying for votes, etc.

Oath after 8 17. If the person so offering shall persist in his claim to vote, and the challenge.

challenge shall not be withdrawn, one of the inspectors shall then admin-
ister to him the following oath: “You do swear (or affirm, as the case
may be) that you have been a citizen of the United States for ten days, and
are now of the
age of twenty-one years;

that

you have been an inhabitant of this State for one year next preceding this election, and for the last four months a resident of this county, and for the last thirty days a resident of this election district; and that you have not voted at this election.” If the person so offering shall be challenged for causes stated in section iwo of article two of the Constitution of this State, the following additional oath shall be administered by one of the inspectors: "You do swear (or affirm as the case may be) that you

have not received or offered, do not expect to receive, have not paid, offered or promised to pay, contributed, offered or promised to contribute to another, to be paid or used, any money or other valuable thing as a compensation or reward for the giving or withholding a vote at this election, and have not made any promise to influence the giving or with holding of any such vote; and that you have not made any bet or

wager and are not directly or indirectly interested in any bet or wager On chal- depending upon the result of this election. If the person so offering lenge for shall be challenged on the ground of having been convicted of bribery bribery.

or any infamous crime, the following additional oath shall be administered to him by one of the inspectors: “You do swear (or affirm) that you have not been convicted of bribery or any infamous crime, or if so convicted, that you have been pardoned and restored to all the rights of a citizen."

§ 2. Section twenty-three of said title is hereby amended so as to

read as follows: Voting

8 23. Any person who, having been convicted of bribery or any infa

mous crime, shall vote at any election, unless he shall have been parviction for doned and restored to all the rights of a citizen, shall de deemed guilty bribery,

of a misdemeanor, and on conviction thereof, shall be imprisoned in
the county jail for the term of six months.

§ 3. This act shall take effect immediately.
Ante, vol. 1, pp. 127-8.

after con

etc.

CHAP 140. AN ACT to provide for a better system of records of the inmates of poor-houses and alms-houses.

PASSED April 22, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. In addition to a general register of the inmates of the various poor-houses and alms-houses of this State, there shall hereafter be kept in each such poor-house and alms-house, a record as to the sex, age, birth-place, birth of parents, education, habits, occupation, condition of ancestors and family relations, and the cause of depend. ence of each person at the time of admission, with such other facts and particulars in relation thereto as may be required by the State board of charities, upon forms prescribed, and furnished by said board

Record, what to contain.

$ 2. It shall be the duty of the superintendents and overseers of the Superin poor, and other officers charged with the relief and support of indi- and overgent persons, to furnish the keepers or other proper officers in charge the poor of such poor-houses and alms-houses, as full information as practica- to furnish ble in relation to each person sent or brought by them to such poor- tion. house or alms-house, and the said keeper or other officer in charge of such poor-house or alms-house, shall record the information thus Keeper to obtained, at the time of the admission of such person, on the forms thus furnished. All such records shall be preserved in such poor- Keeper to houses and alms-houses, and it shall be the duty of the keepers or copies to other officers in charge thereof, to make and forward copies of the State same, on the first day of each month, to the State board of charities. Charities.

$3. This act shall take effect on the first day of October, eighteen hundred and seventy-five.

record same.

board of

salaries.

CHAP 145.
AN ACT to fix the salaries of certain State officers.

Passed April 22, 1875; three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. There shall be allowed to the several officers of govern- Annual ment hereinafter mentioned, the following annual salaries, to be paid quarterly: To the Comptroller, six thousand dollars; to the Secretary of State, five thousand dollars; to the State Treasurer, fire thousand dollars; to the Attorney-General, five thousand dollars; to the Canal Commissioners, each, four thousand dollars; to the inspectors of State prisons, each, two thousand dollars.

§ 2. There shall be allowed to the State Engineer and Surveyor, and to the Auditor of the Canal Department, each, five thousand dollars, to be paid out of the canal fund.

$ 3. This act shall take effect at the expiration of the present terms, respectively, of the officers herein mentioned.

CHAP 159.
AN ACT to amend chapter two hundred and forty-eight of

the laws of eighteen hundred and seventy-two, entitled “ An
act to authorize the formation, establishing and maintaining
of driving park and park associations.”

PASSED April 24, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section six of chapter two hundred and forty-eight of Amending the laws of eighteen hundred and seventy-two, entitled “ An act to Laws 1872, authorize the formation, establishing and maintaining of driving park 9 Edm. 342. and park associations,” is hereby amended so as to read as follows:

$ 6. Any such association may, in case the uses and convenience Mas mortthereof so require, upon application to the Supreme Court of the dis- ganten trict wherein said association at the time of such application shall be estate . situated, or the county court of the county wherein such association is organized obtain the requisite order and power to sell or mortgage,

,

sell real

« ΠροηγούμενηΣυνέχεια »