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AN ACT to promote honest elections.
Passed March 11, 1880; three-fifths being present. The People of the State of Ner York, represented in Senate and Assembly, do
enact as follows : Watchers, SECTION 1. No person shall be eligible to the office of inspector of election and duties. or clerk of the poll, or be qualified to act as such, unless he can read and write
the English language.
$ 2. It shall be a misdemeanor for any person not possessing such qualifications to act as an inspector of election or clerk of the poll.
§ 3. The election at every poll shall be public to the watchers hereinafter provided for, from its commencement to the close of the canvass and signing of the proper returns and copies thereof.
4. Every political organization which shall present a candidate or candidates for the suffrages of the voters of any election district, shall have the right to appoint, not to exceed, two electors as watchers at the poll of such election district for every election. Such appointment may be evidenced by a written or printed appointment, signed by the president or the chairman and the secretary of such political organization, but no ward or town organization shall be entitled to watchers at any poll outside the limit of such ward or town.
§ 5. Said watchers and each of them shall be entitled to be present at such election in the room occupied by the inspectors of election, commencing at least fifteen minutes before any ballot-box shall be opened, until the close of the canvass, and the signing of the proper returns of such election.
$ 6. At every election immediately before any ballots are recieved by the inspectors of election, or any of them, said inspectors shall unlock every ballotbox used, or to be used, at such election, and permit each watcher present to examine said ballot-box, and every part and portion thereof, until he is satisfied as to the structure thereof, and that there is, at the commencement of receiving ballots, no ballots therein.
$ 7. Every watcher shall have the right, from the time of so inspecting said ballot-box or boxes, at any and all times until the canvass of the ballots and signing of the proper returns and copies thereof, to be present in the room occupied by said inspectors, in a position and place where he may fully, conveniently and comfortably watch the reception and deposit of every ballot cast at such election, and the full and final canvass of the ballots, and signing of the proper returns and copies thereof ; and no ballot-box or ballot cast, except it be in the ballot-box, shall be removed from the constant sight and inspection of such watchers, until the canvass is closed and the proper returns and copies thereof made and completed.
$ 8. Every ballot-box shall be so placed, at a window or elsewhere, that the voter depositing any ballot and each watcher may conveniently see every ballot received by the inspectors and deposited in the ballot-box.
$ 9. No screen or other obstruction to such view of any ballot-box by the voter or any watcher shall be allowed.
§ 10. If requested by any watcher or any elector present at any canvass, it shall be the duty of the inspectors of election, and each of them, to exhibit any and all ballots cast at such election to such watcher or elector fully opened, and in such a condition and manner that he may fully and carefully read and examine the same, though said inspector shall not allow any such ballot to be
taken from his hand. How re
$ 11. Every return or statement of the result of the canvass of any election turms shall shall be made upon a single sheet of paper, or if not, each half-sheet shall be
signed at the end thereof by the inspectors. Size of poll $ 12. The room used for the reception of ballots shall be of a reasonable size,
so as to admit at all times at least twelve electors, including the watchers, ex
clusive of the inspectors of election and clerks of the poll. Chal- § 13. Any watcher or other elector may challenge the right of any person lenges.
offering to vote at any election, and the name of the person so challenging shall not be disclosed by any inspector of election or clerk of the poll, unless required so to do by a court of justice or magistrate in some legal proceeding.
§ 14. The inspectors of election of each election district shall, within
twenty-four hours after the completion of the canvass, in addition to the making and filing of the returns and statements thereof now di- Manner of rected and required by law, cause a duplicate of such return or state- making.
returns ment to be filed in the office of the clerk of the county. One of their number may be deputed by them to, and may file the same, and he shall be paid for so doing, except in cities and towns where the county clerk's office is situated, the sum of five dollars, and also four cents a mile for each mile actually and necessarily traveled by the usual route in going to and returning from the said county clerk's office, to be audited, allowed and paid in the same manner as for other services of said inspectors.
$ 15. The returns or statements of election on file in county, town Returns and city clerk's offices shall be public records and open to inspection ipene ter
inspection and examination by any elector of the State.
of all. $ 16. No inspector of election or clerk of the poll, who shall act as Inspector such during any portion of any election, shall peddle, distribute or tribute give tickets to electors, during any part of the day of such election. tickets.
§ 17. No lager beer, ale, wine or spirituous liquors shall be Sale of liqallowed on any election day in any room used for election
$ 18. Every inspector of election or clerk of the poll who shall Penalty for intentionally make, or attempt to make, any false canvass of the bal- false relots cast at an election, or shall intentionally make, or attempt to make, any false statement of the result of any canvass, though not signed by a majority of the inspectors of election, shall be guilty of a felony, and be punished by imprisonment in the county jail or a penitentiary, not exceeding one year, or in the State prison, not exceeding, five years. $ 19. Any person who shall induce, or attempt to induce, any in- Bribery of
Inspectors. spector of election, or clerk of the poll to do any act forbidden by the last section shall be guilty of a felony, and be punished in the same manner and to the same extent.
$ 20. Every inspector of election, or clerk of the poll, who shall in- Penalties tentionally omit, neglect or refuse to do any act required by this act, to comply and every inspector of election, clerk of the poll, policeman, member with pro of any police force or other person who shall intentionally refuse to act. permit the doing of any act hereby allowed to be done by any watcher or elector, or shall intentionally prevent, or attempt to prevent, the doing thereof, or shall intentionally do any act forbidden by this act, except in sections eighteen and nineteen thereof, shall be guilty of a misdemeanor, and be punished by imprisonment in a county jail or penitentiary for not exceeding one year, or by a fine of not exceeding two hundred and fifty dollars, or by both such fine and imprisonment.
$ 21. This act shall apply to all elections general or special, includ- Act to aping town elections in all towns and charter elections in all of the elections. cities and incorporated villages of this State. Where the charter of any village shall provide that the trustees, or any officer or officers thereof, may or shall, ex officio, be inspectors of any charter election therein or therefor, said trustees or officers may so act, notwithstanding they do not possess the qualifications required by section one hereof, and section two shall not apply to their so acting.
$ 22. Wherever the word inspector appears in this act it shall be Meaning of taken to inclnde and mean all officers who, under any law of this state, spector. shall be required to canvass votes.
$ 23. This act, so far as the same refers to the qualifications of
“ inspectors of elections ” and “clerks of the poll,” shall take effect so as to apply to those hereafter to be appointed or elected as such inspectors and clerks, and in all other respects, shall take effect immediately.
See chs. 366 and 553, post.
AN ACT further to amend chapter four hundred and seventeen of the laws of eighteen hundred and seventy-seven, entitled “An act to repeal certain acts and parts of acts.”'
Passed March 11, 1880; three-fifths being present. The People of the State of New York, represented in Senate and
Assembly, do enact as follows : Amending SECTION 1. Subdivision seventeen of section three of chapter four Laws 1877. hundred and seventeen of the laws of eighteen hundred and seventy
seven, entitled “ An act to repeal certain acts and parts of acts,” is hereby further amended so as to read as follows:
17. The repeal of the laws conferring upon a graduate of the law department of the University of Albany, or of the law department of the University of the city of New York, or of the law school of Co
lumbia College, or of the law department of Hamilton College, the Admission right to be admitted to practice as an attorney and counselor at law, to bar.
upon the production of his diploma, does not affect the right of a person who was a student in, or was graduated by either of those departments or schools, on or before the first day of April, eighteen hundred and seventy-eight, to be so admitted at any time within one year after this amendatory act takes effect, upon his complying with the existing laws as hereinafter defined relating to the admission of such graduate to practice; nor does the repeal of said laws, or of chapter four hundred and eighty-six of the laws of eighteen hundred and seventy-one, affect the right of any other person who, but for the repeal of the said law or laws, would have been entitled to be admitted as an attorney and counselor at law, at any time on or before the first day of October, eighteen hundred and eighty, to be so admitted as an attorney and counselor at law, within one year after this amendatory act takes effect, upon his complying with the existing laws as defined in section four of the act hereby amended, relating to the admission of such a graduate or person to practice, or upon the production of a license granted to any such person by the supreme court at a general term thereof, permitting such person to practice as an attorney.
82. This act shall take effect immediately. The same subdivision was amended by L. 1878, ch. 128, and by L. 1879, chs. 35, 257 and 359. The above act only is printed in this volume, it being the latest form given to the statute.
SECTION 1. The charter of no village heretofore incorporated shall be de- Boundaclared invalid because of a failure to include within the boundaries of said ries. village a mile square of land ; and all the municipal acts of the trustees of or other officers of such village shall be deemed to be valid and binding, and of the same force and effect as if-such village corporation had originally included one mile square of land within its boundaries.
$ 2. This act shall take effect immediately. See ch. 337, L. 1879, ante, p 770.
Civil ProPASSED March 18, 1880; three-fifths being present. cedure. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Subdivision two of section one thousand and eighty-one of Amending - The Code of Civil Procedure” is hereby amended so as to read as follows : Civil Pro
2. A practicing physician, surgeon, or surgeon dentist having patients re- cedure. quiring his daily professional attention, and not following any other calling, clans, surand a licensed pharmaceutist or pharmacist while actually engaged in his pro- geons,
dentists. fession as a means of livelihood.
§ 2. This act shall take effect immediately.
CHAP. 7. AN ACT to amend section one, title four, chapter seventeen, part ony Hawkers
of the Revised Statutes, relating to the licensing of hawkers and dlers! peddlers.
PASSED March 20, 1880; three-fifths being present. The People of the State of Nero York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Section one, title four, chapter seventeen, part one of the Revised Amending Statutes, is hereby amended so as to read as follows :
Revised $ 1. No person shall be authorized to travel from place to place withir this Statutes. State for the purpose of carrying to sell, or exposing for sale, any goods, wares 1 Edm.583. or merchandise of the growth, produce or manufacture of any foreign country other than family groceries and provisions, unless he shall have obtained a license as a hawker and peddler in the manner hereinafter directed.
$ 2. This act shall take effect immediately.
CHAP. 16. AN ACT to amend section one of chapter two hundred and twelve of the Distribu
laws of eighteen hundred and seventy-nine, entitled “ An act to provide for tion of the distribution of the acts passed by the legislature to town clerks' offices.”
PASSED March 23, 1880 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Section one of chapter two hundred and twelve of the Amending laws of eighteen hundred and seventy-nine, entitled "An act to pro- Laws 1879.
Secretary of State to mail printed slips of acts to town clerks'.
vide for the distribution of the acts passed by the legislature to town clerks' offices,” is hereby amended so as to read as follows :
§ 1. It shall be the duty of the secretary of State to forward by mail, or by express, to the clerks of each of the counties of this State à sufficient number of printed slips of the acts passed by the legislature at each session, as soon as approved by the governor, to supply the clerk of each town and incorporated village in their respective counties with one copy thereof.
8 2. This act shall take effect immediately.
Equaliza- AN ACT to amend chapter three hundred and fifty-one of the State tax. laws of eighteen hundred and seventy-four, entitled “ An
act to amend chapter three hundred and twelve of the laws of eighteen hundred and fifty-nine, entitled 'An act to equalize the State tax among the several counties in the State, and to amend chapter three hundred and twenty-seven of the laws of eighteen hundred and seventy-three, amendatory thereof.""
PASSED March 26, 1880; three-fifths being present. The People of the State of New York, represented in Senate and
Assembly, do enact as follows: Amending SECTION 1. Section fifteen of chapter three hundred and twelve of $ 15, ch.312, Laws 1859. the laws of eighteen hundred and fifty-nine, entitled "An act to equal.
ize the State tax among the several counties in the State,” being a section added to said act by chapter three hundred and twenty-seven of the laws of eighteen hundred and seventy-three, and amended by chapter three hundred and fifty-one of the laws of eighteen hundred
and seventy-four, is hereby amended so as to read as follows: Costs and
$ 15. Whenever any appeal so made shall not be sustained, the costs of appeal and expenses arising therefrom, and connected therewith, shall be appellant. charge upon the town, city or ward so appealing, which shall be audited by the board of supervisors, and levied upon the taxable
property of said town, city or ward ; and whenever any appeal so made shall be sustained, the State assessors shall certify the reasonable costs and expenses arising therefrom and connected therewith, on the part of the appellant and respondent, and such amounts so certified shall be audited by the board of supervisors and levied and collected from all the towns and cities of the county in the assessment and collection of taxes for the current year, excepting those towns and cities in which such appeal was sustained; and whenever more than one town or city in a county shall have appealed, some of which are sustained and some dismissed, it shall be the duty of the State assessors to decide what portion of the costs and expenses shall be borne by the town or towns,
city or cities, in which such appeal was dismissed. Amending 95, ch. 351,
§ 2. Section five of said chapter three hundred and fifty-one of the Laws 1874. laws of eighteen hundred and seventy-four is hereby amended so as to
read as follows:
8 5. All appeals that shall be hereafter brought under the provisions