citizen States, by producing a certificate of naturalization from a court of Proof of competent jurisdiction; or, in case of loss of such certificate, he shall ship. show to the satisfaction of the board of registry that he is a naturalized citizen. voters to pear their § 5. It shall be the duty of said inspectors, at their meeting for Names of revising and correcting said list, to erase therefrom the name of any found not person inserted therein who shall be proved to the satisfaction of said to be legal inspectors to be a non-resident of said district, or otherwise not entitled be erased. to vote in said district at the election then next to be held. Any elector Electors residing in said district, and entitled to vote therein, may appear before may and said board of inspectors, and require his name to be recorded on said require alphabetical list, and upon complying with the requirements of this names to act the same shall be recorded. Any person so requiring his name to be re be entered on said list shall make the same statement as to the street Stateor number thereof, and where he resides, required by the provisions of ments, this act of persons offering their votes at the election, and shall be made, etc. subject to the same pains and penalties for refusing to give such information, or for falsely giving the same, and shall be also subject to challenge, either by the inspectors, or either of them, or by any other elector whose name appears upon said alphabetical list, and the same oath may be administered as to persons offering to vote at an election. corded. to be Six copies to be How to be Lists to be 86. After said list shall have been fully completed, the said inspectors shall cause six copies of the same to be made, each of which shall made. be certified by them to be a correct list of the voters of their district, one of which shall be filed in the office of the town clerk of towns, disposed and of the clerk of the village, and in the office of the county clerk of of. the county, and one of which copies shall be retained by each of the said inspectors. It shall be the duty of the said inspectors carefully preserved. to preserve the said list for their use on election day, and to designate one of their number, or one of the clerks, at the opening of the polls, to check the names of every voter voting in such district, whose name is on the register; and no vote shall be received at any annual election Only perin this State unless the name of the person offering to vote be on the whose said registry, made and completed as herein before provided, preceding the election; and any person whose name is on the registry may be registry to challenged, and the same oaths shall be put as are now prescribed by This seclaw. This section shall be taken and held by every judicial or other ton mantribunal as mandatory and not as directory. And any vote which shall be received by the said inspector of election in contravention of this section shall be void, and shall be rejected from the count in any legislative or judicial scrutiny into any result of the election. sons names appear on vote. datory. be made by ments to § 7. The clerks at each poll, in addition to the duties now prescribed Entry to by law, shall enter on the poll-list kept by them, in columns pre- clerks at pared for that purpose, opposite the name of each person voting, the each poll. same statement or minute as hereinafter required of inspectors, in making the registry; but such entry is not to be made by them if the registry contains correctly the name and residence of such voter. Every elector, at the time of offering his vote, shall, if required, truly state Statethe street in which he resides; and if the house, lodging or tenement, be made by in which he resides is numbered, the number thereof, and the clerks of electors. the polls shall truly enter in the appropriate column of the poll-list opposite the name of the elector, the street in which the elector resides and the number in case the house, lodging or tenement is numbered; and if the same is not numbered, then the clerk shall enter "not numbered" in the column of the poll-list for entering the number, and in case of refusal to make the statement as aforesaid, the vote of such Punish ment for willful elector shall not be received. Any person who shall willfully make any false statement in relation thereto shall be deemed guilty of a false state- misdemeanor, and shall, upon conviction, be punished with a fine of fifty dollars, or by imprisonment in the county jail of the county, where such voter offers to vote, for a period of ten days, or by both such fine and imprisonment. ments. Poll-list to be checked. Clerk for board of § 8. After the canvass of the votes, the said poll-list and said register so kept and checked as aforesaid shall be attached together, and shall, on the following day, be filed in the town clerk's office of the town in which said district shall be; and in case the district is in a village, in the office of the clerk of such village, and, also, in the county clerk's office of the county, to be used by the inspectors in making the list of voters at the next general election. § 9. The said board may, if necessary, on the day or days of the makregisters. ing and the correction of such list, appoint a clerk to assist them in the discharge of the duties required by this act; and the same oath shall be taken by such clerk as is required by law of clerks of the polls and of elections. § 10. The registers shall, at all times, be open to public inspection at the office of the authorities in which they shall be deposited, without charge. § 11. The members of the board of registration and their clerks shall each receive the same compensation as is now allowed by law for inspectors of elections, for each day actually employed in making and completion of the registry, to be paid to them at the time and in the manner in which they are paid their other fees. The necessary blanks and instructions, and other incidental expenses incurred in executing the provisions of this act, shall be provided and paid for in the manner now provided for the payment of incidental expenses of election of the like character. § 12. The said board shall have and exercise the same powers in preserving order at their meetings under this act, as are given to inspectors of election for preserving order on election days. § 13. Any one of the inspectors may, at any authorized meeting of the board, administer the oath or oaths now required by law to test the qualification of electors, and may also administer on the day of the making and completion of the list, to any elector of the district who may be offered as a witness to prove the qualification of any person claiming the right to be registered, the following oath: You do swear, or affirm, that you are an elector of this district; that you will fully and truly answer all such questions as shall be put to you touching the place of residence and other qualifications as an elector of the person now claiming the right to be registered as a voter in this district." And whoever shall willfully swear falsely upon such examination shall be deemed guilty of perjury. § 14. Any person who shall cause his name to be registered in more than one election district, or who shall cause his name to be registered, knowing that he is not a qualified voter, in the town or district where said registry is made, or who shall falsely personate any registered voter, and any person causing any such act, or aiding or abetting any person in any manner in either of said acts, shall be punished for each and every offense, by imprisonment in the State prison for not less than one year. All false swearing before said board of registration shall be deemed willful and corrupt perjury; and on conviction punished as such. If any member or officer of said board shall willfully violate any of the provisions of this act, or be guilty of any fraud in the execution of the duties of his office, he shall be punished for each and every offense by imprisonment in the State prison for not less than one year. Same list eral, to be and town § 15. The same list required to be made and perfected at general required elections shall, in the same manner, be made and perfected by the for geninspectors or other officers of election at all elections for town and vil- made for lage officers, and all elections for school trustees, or boards of educa- special tion, in any village, wherein, under the provisions of law, any of the elections. villages mentioned in this act elect school trustees or boards of education by ballot; and the provisions and requirements of this act, so far as the same may be, are made applicable to such elections, except that the officers required to make such registries shall meet for that First purpose on the Friday preceding the town or village charter election, meeting. and on the Friday preceding the election for school officers for the purpose of making up, revising, correcting and completing such register. Secretary § 16. The secretary of State shall cause this law to be printed, and print and a sufficient number of copies thereof sent to the county clerks of the distribute several counties in which there are towns and villages which come under the provisions of this act to supply each of the officers mentioned or named in this act, with a copy, and it shall be the duty of the said county clerks immediately to transmit a copy of the same to each of the election officers mentioned in this act. of State to this act. vote cast 17. Nothing in this act contained shall be held to apply to any Act not to vote cast, or offered to be cast, nor to any vote under or by virtue of apply to the provisions of any law enacted to enable qualified electors of this by persons State, absent therefrom in the military service of the United States, military or in the army or navy thereof, to vote. § 18. The provisions of this act shall apply to the towns of Richmond county. in naval or service of C. S. To apply to Richmond county. ty-five § 19. This act shall not apply to any town unless at least twenty-five Not to electors thereof shall petition the supervisor of said town for such town to registry, at least one week before the time for meeting of the inspect- cept twenors mentioned in the third section of this act, which petition shall be electors immediately filed by said supervisor in the town clerk's office of said petition town, which clerk shall at once notify the said inspectors; nor shall registry. this act be construed to repeal or in any manner interfere with any general or special act for a registry of voters in any of the cities, villages or towns of this State. such Persons porated registry on making 20. No vote shall be received at any general election in this State, not in cerunless the name of the person offering to vote be on the said registry tain incormade on the Friday preceding the election, except that the person offer- villages, ing to vote in any district not in an incorporated city nor in an incor- not on porated village having over ten thousand inhabitants, shall furnish to may vote the board of inspectors his affidavit giving his reasons for not appear- proof ing on the day for correcting and verifying the list, and prove by the specified. oath of a householder of the district in which he offers his vote that he knows such person to be an inhabitant of the district; and any person whose name is on the registry may be challenged, and the same oaths shall be put as are now prescribed by law. At any general elec- Inspectors tion hereafter held in this State, any of the inspectors of such affidavits. election may take the affidavit herein required by law to be furnished by persons offering to vote whose names are not on the registry of electors; and such inspectors, or one of them, shall, upon request, may take New York Surveys and maps to be of. Fees of sioners of take and certify such affidavit without fee or reward. All other officers authorized by law to take affidavits shall at all times, upon request, take and certify any affidavit so required to be furnished as aforesaid, without any charge therefor. § 21. This act shall take effect immediately. CHAP. 579. AN ACT in relation to the opening of streets, avenues and public parks or places in the city of New York. PASSED June 24, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. It shall be the duty of the department or board of the city of New York, having the direction or charge of the opening of furnished. any street, avenue or public park or place, to furnish to the commissioners of estimate and assessment, that may be appointed in any proceeding to open any street, avenue or public park or place in said city, such surveys and maps as may be required by them in such proExpense ceeding. The expense of such surveys and maps shall not be included in any assessment in such proceeding. Such surveys and maps shall be made by surveyors in the regular and stated employment of such department, and it shall be the duty of the board of estimate and apportionment of the city of New York, annually, to make provision for the expense of procuring and preparing the same. The fees of commis- such commissioners of estimate and assessment, exclusive of necessary estimate. disbursements hereinafter mentioned, shall not exceed in the aggregate the sum of twenty cents a foot for the lineal extent of the street or avenue or the portion thereof so to be opened or altered; but when the assessment district shall extend beyond the street or avenue lying nearest to and having the same general direction as the street to be opened, the fees of such commissioners of estimate and assessment may be increased in the aggregate to not exceeding twenty cents for every twenty-five hundred square feet of territory embraced in the assessment district lying beyond the said nearest street or avenue; but in any case such additional fees of said commissioners shall not exceed ten cents for each lineal foot of the street or avenue or portion thereof Costs and to be opened or altered. No costs, charges or expenses of any description shall be allowed in such proceeding, or charged on any lands affected thereby, except the compensation of the commissioners as above limited, and their necessary disbursements for room rent actually paid, but in no case to exceed one dollar per day; for advertising, printing or posting any notices required by law, and for any other necessary incidental expense, not exceeding one hundred dollars. charges. Which may be in same ing. § 2. Streets or avenues, or portions thereof, which are continuations values of each other in the same general direction, and no others, may be embraced embraced in the same proceeding for the opening thereof, and in case proceed of the opening of any street or avenue, or portions of any street or avenue, where the street or avenue, or portions thereof, sought to be opened shall have been laid down and shown upon any general map or plan made and filed in pursuance with any law of the State of New York, relative to the mapping and planning of streets and avenues in said city, where no buildings for which compensation can lawfully be made shall be taken, the assessment district shall not extend beyond the center line of the blocks adjacent thereto, nor beyond the ends of the street or avenue, or portions thereof, sought to be opened. may con their own from in brance, counsel to § 3. The owners of land and of all the estate therein embraced Owners within the lines of any street or avenue laid down and shown on any vey at such general map or plan, and comprising all the land within said expense lines in an entire block in extent, may, without compensation, and at lands free their own expense, convey all their right, title and interest therein, cumproviding the same shall be free from incumbrance, to the mayor, bran aldermen and commonalty of the city of New York, and upon the delivery of such conveyances to the counsel to the corporation of said city, with the money necessary to record such conveyances, and affidavits made by all of such owners to the effect that the persons making them are the owners of the estates in such lands so conveyed by them respectively, and stating their interests, and that such estates in such lands are free of all incumbrances, together with abstracts of title, if desired by such counsel to the corporation, it shall be the duty of such Duty of counsel to the corporation to examine such conveyances and papers, the corand if such titles shall not be rejected for good cause by such counsel, poration. he shall cause the said conveyances to be recorded in the office of the register of the city and county of New York, within sixty days after their delivery to him, and file them with the comptroller of such city, and thereupon the said the mayor, aldermen and commonalty of the city of New York shall become vested with the title to said lands to the same effect and extent as if they had been acquired by a proceeding taken for the opening of that portion of said street or avenue; after the making and acceptance of such conveyances, no proceedings After conto open the lands so conveyed shall be taken or maintained, nor shall proceedthe lands fronting on that portion of the street or avenue so conveyed, ings to and extending to the center of the block on either side of such por- title to be tion of said street or avenue so conveyed, be chargeable with any portion of the expenses of opening the residue or any portion of the residue of such street or avenue, except the due and fair proportion of the awards that may be made for buildings as aforesaid. § 4. All acts or parts of acts inconsistent with this act are hereby repealed. § 5. This act shall take effect immediately. CHAP. 580. veyance no acquire taken. treasur AN ACT to amend chapter four hundred and thirty-six of the County laws of eighteen hundred and seventy-seven, entitled "An ers. act in relation to county treasurers. PASSED June 25, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section ten of chapter four hundred and thirty-six of the laws of eighteen hundred and seventy-seven, entitled "An act in relation to county treasurers," is hereby amended so as to read as follows: § 10. Nothing herein contained shall apply to the counties of Sullivan, Putnam, Greene, Monroe, Onondaga, Columbia, Seneca, Essex, Delaware, Cortland, Queens, Madison, Oswego, Rensselaer, Livingston and Erie. § 2. This act shall take effect immediately. Ante, p. 454. The section sought to be amended is § 11, as added by ch. 233, ante. The changes made by that act were evidently overlooked when the above |
