ed and tor shall reside, on the day of said election, to cast for him his vote or ballot, in the manner prescribed by this act, for all officers for whom he would have a right to vote if he were present at such election; said instrument shall be signed by How attestsuch absent elector, attested by a subscribing witness and sworn to. sworn to before any field officer, captain, adjutant, or commandant of any company or detachment on detached service, in the service of the United States, and commissioned as officers in the volunteer force of the State of New York, or the captain or commandant of any vessel in the naval service of the United States, to which the said absent elector may belong or be attached; and such officers are hereby duly authorized to administer oaths for the purposes specified in this act, and they shall attach to their signature their official designations. be made by tor. $3. The said absent elector shall make and subscribe the Affidavit to following affidavit: "I, A B, do solemnly swear (or affirm) absent elec that I have been a citizen of the United States for ten days, am now of the age of twenty-one years, that I have been or shall have been an inhabitant of the State of New York for one year next preceding the election to be held on day of 186, for the last four months a resident of the county of for thirty days next preceding such election a resident of the town (or city) of , and that I am now and until said election intend to be a resident thereof; that I have not made any bet or wager, and am not directly or indirectly interested in any bet or wager depending upon the result of said election, and I do further swear that I am in the actual military (or naval) service of the United States, that I am now a member of company of the regiment (describing the organization to which he belongs), now at or , in the state (or territory) of (or attached near to the United States vessel Sworn to and subscribed this before me. ). day of 186, prepared. $4. The said absent elector in the service as aforesaid shall Ballot, how prepare and fold the ballot or ballots he designs to cast at such election, and inclose the same, together with the instrument described in the second section of this act, in an envelope duly sealed, having on the outside thereof, either written or printed, the affidavit prescribed in the third section of this act, sworn to and subscribed as therein required. The said envelope, prepared as aforesaid, shall be inclosed by him in another envelope, marked "soldier's vote," sealed and directed to the elector empowered by the instrument described in the second section of this act, to cast the ballot of said absent elector; and the said absent elector may then transmit the same to the person to whom it is directed, by mail or otherwise. elector to $5. Such elector, upon receiving such letter from such Duty of absent elector, may open the outer envelope thereof, but he whom ballot is sent. Duty of election house shall not open the inner envelope thereof. On the day of such election, and between the opening and close of the polls thereof, he shall deliver such inner envelope to the inspectors of elections of the proper election district, and at the polls thereof; and if the name of the person signing the inspectors. affidavit, on the outside of said envelope, shall be found entered upon the register of electors of such election district as a duly qualified voter therein, said envelope shall be by said inspectors publicly opened, and the votes or ballots therein contained shall be duly deposited in the appropriate boxes prepared to receive the ballots of voters, and the name of such absent elector shall be entered upon the poll lists, together with the name of the person delivering the ballot at Affidavit by the polls. If such name shall not be found entered upon the register of electors of such district where such person claims to reside, such envelope shall not be opened unless an affidavit be made by a householder of the district, to the effect that he knows that said person whose vote is so offered is a resident of said district. If such affidavit be made and delivered to the inspectors, they shall open said envelope and deposit the votes or ballots therein contained as aforesaid, and the name of the person so voting shall be entered upon the poll lists together with the name of the person delivering the ballot When bal at the polls. The ballots contained in any such inner envelope which shall have been opened or unsealed before the same shall have been laid before the board of inspectors of election shall not be deposited in any ballot box at such election, but shall be rejected. holder. lots to be rejected. Affidavits, etc., to be filed. Person receiving bal sent elector ceipt. S6. The affidavits and instruments described in the second and third sections of this act, and all envelopes containing "soldier's votes," not opened at such election, shall be kept and filed by the inspectors of election in the same manner and place as the poll lists of such election are required by law to be kept and filed. $7. Every person who shall be entitled to receive any lot from ab- letter or envelope marked as herein provided, before he shall to give re- take away the same, shall sign and deliver to the postmaster or his deputy or clerk, a receipt therefor, which receipt shall specify how many such letters or envelopes he has received, and otherwise, as far as may be, specify the particulars of the description thereof. And any willful omission to comply with the provisions of this section shall be adjudged a misdemeanor, and any person convicted thereof shall be punished accordingly. When electors to lots are sent S 8. Any inspector of election, and any elector to whom whom bal-, said ballot shall be sent, who shall willfully neglect or refuse to be deem- to perform any of the duties required of him by this act, or in any manner willfully violate or abuse any trust or duty hereby imposed on him, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine not ed guilty of misde meanor. less than two hundred and fifty dollars, and by imprisonment in the county jail not less than four months. S9. Every person who shall be guilty of willful and corrupt Perjury. false swearing or affirming in taking any oath or affirmation prescribed by this act, shall be adjudged guilty of willful and corrupt perjury; and every person who shall make or sign a false certificate to any instrument or affidavit authorized by this act, shall be deemed guilty of a misdemeanor. delivering altered or $10. Every person who shall deliver or present to the Penalty for inspectors of elections under this act, any forged, altered or forged. changed ballot, envelope or instrument required or provided changed for by this act, knowing the same to be so forged, altered or changed, shall be guilty of a misdemeanor, and upon conviction shalb be punished by a fine not less than two hundred and fifty dollars, and by imprisonment in the county jail not less than four months. . laws appli $ 11. All provisions of the laws of this State relative to General general or special elections not inconsistent with any of the cable. provisions of this act, shall apply thereto. secretary of $12. The secretary of state is hereby authorized and Duty of required to prepare and have printed the necessary blank state. forms and envelopes required to carry out the provisions of this act, and shall cause the affidavits required by the third section of this act to be printed in blank upon proper envelopes, to contain the instrument required by the second section of this act, and shall, at least two months previous to any general or special election, cause such blank forms, envelopes, and copies of this act to be forwarded to the several regiments from this state in the service of the United States in the field, and to the several hospitals, posts and naval stations, in sufficient quantity to furnish one copy of each blank form, envelope, and copy of this act to each person in the actual military service of the United States, in the army or navy thereof, from this state, and absent therefrom. The sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, to defray the expenses authorized by this section. bribery or $ 13. Any officer of this state, or of the United States, or Penalty for any other person, who shall, directly or indirectly, control, or intimida attempt to control, any such enlisted elector in the exercise sent elector. of any of his rights under this act, by menace, bribery, fear of punishment, hope of reward, or any other corrupt or arbitrary measure or resort whatever, or to annoy, injure or otherwise punish any such officer or man, for the manner in which he may have exercised any such right, shall be deemed guilty of an offense against the sovereignty of this State, which shall be punished as a misdemeanor, and for which he may be indicted and tried at any future time, when he may be found within the limits of this state; and, upon conviction, he shall be imprisoned for a term not exceeding one year, and fined in a sum not exceeding one thousand dollars, and he shall also thenceforth be ineligible, after conviction thereof, to hold any office in this state. Ante, vol. 1, p. 116. Where manufacturers of malt liquors criptions, etc. CHAP. 276. AN ACT in relation to the sale, use and disposition of butts, hogsheads, barrels, casks or kegs used by the manufacturers of malt liquors. PASSED April 22, 1864; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. Any person or persous engaged in the manufacture of malt liquor for sale in butts, hogsheads, barrels, half-barrels, may file des casks, half-casks, quarter-casks or kegs, with his, her or their name or names or other private marks respectively branded or stamped thereon, may file in the office of the secretary of state and in the office of the clerk of the county in which such article shall be manufactured, a description of the names used and other private mark or marks to be branded or stamped thereon, and shall cause the same to be published once a week for six weeks successively in a newspaper published in such county, and in the city and county of New York, where such publications shall be made for the same time, in two daily newspapers published in said city. Other per sons forbidden to etc., thus stamped. $2. It is hereby declared to be unlawful for any person or use barrels, persons, hereafter, other than the lawful owner or owners as hogsheads, mentioned and referred to in the first section of this act, to fill with malt liquor or liquors for any purpose whatsoever, or to use, traffic in, purchase, sell, dispose of, detain, convert, mutilate or destroy, or willfully or unreasonably refuse to return or deliver to such owner, upon demand being made, any such butt, hogshead, barrel, half-barrel, cask, half-cask, quarter-cask or keg so branded or stamped, or from which such brands or stamps have been removed, cut off, defaced or obliterated, or to remove, cut off, deface or obliterate, or to brand or stamp other brands or stamps on the same, without the written permission of such original or lawful owner or owners thereof, or unless there shall have been a sale in express terms of any such article, exclusive of the malt liquor contained therein, to such person or persons by said original Penalty of or lawful owner or owners; any person so offending shall, upon this section. conviction, be deemed guilty of a misdemeanor, to be punished for the first offense by a fine of ten dollars for each and every such butt, hogshead, barrel, half-barrel, cask, half-cask, quar violation of ter-cask or keg, so filled and trafficked in, purchased, sold, disposed of, detained, converted, mutilated or destroyed, or not so delivered or returned, and by a fine of twenty dollars and by imprisonment in a county jail for not less than one and not more than three months, for each and every subsequent offense, to be recovered in the same manner as fines are now recoverable, one-half for the use of the poor of the city or the town where such offense shall be committed, and one-half for the use of the officer who may arrest such offender. cases magis issue search warrant. $ 3. Any such owner or owners, or the agent of such owner or In what owners, who shall make oath or affirmation before any justice trates shall of the peace, police justice or any magistrate having jurisdiction in criminal matters that he has reason to believe (setting forth the facts upon which such belief is founded) and does believe that any of the above named articles belonging to him or them, so branded or stamped as aforesaid, or from which the brands or stamps have been cut off, removed, defaced or obliterated, or which have been mutilated, or willfully detained after demand has been made by any person or persons manufacturing or selling malt liquors, or any other liquor or liquid, or that any junk or cask dealer or any other person or persons whomsoever, shall have any of the articles above described unlawfully as aforesaid in his, her or their possession, or secreted on his, her or their premises, or in any other place under his, her or their control, the said magistrate shall thereupon, on proof of such demand having been made, issue a search warrant directed to any constable or other proper officer to search the premises of the offender or offenders, or said place where any such articles are alleged to be, particularly describing such premises or place, and if upon such search any such articles shall be found, to take possession of the same and to bring the body of the person, in whose possession or control any such article may be found, before such magistrate to be tried as for a misdemeanor under the same regulations now provided by law for the trial of misdemeanor, and to be punished in the manner set forth in the second section of this act. $4. The provisions of this act shall apply only to the cities of New York, city and county of Albany, and the county of Kings. 55. This act shall take effect immediately. |