Oath after challenge. On challenge for paying for votes, etc. On challenge for bribery. Voting after con § 17. If the person so offering shall persist in his claim to vote, and the challenge shall not be withdrawn, one of the inspectors shall then administer to him the following oath: "You do swear (or affirm, as the case may be) that you have been a citizen of the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 two 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 withholding 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 depending upon the result of this election. If the person so offering shall be challenged on the ground of having been convicted of 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: § 23. Any person who, having been convicted of bribery or any infamous 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 of a misdemeanor, and on conviction thereof, shall be imprisoned in the county jail for the term of six months. bribery, etc. §3. This act shall take effect immediately. Record, what to contain. 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 dependence 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 tendents seers of informa § 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. 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: record same. furnish board of SECTION 1. There shall be allowed to the several officers of govern- Annual ment hereinafter mentioned, the following annual salaries, to be paid salaries. quarterly: To the Comptroller, six thousand dollars; to the Secretary of State, five thousand dollars; to the State Treasurer, five 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: ch. 248, 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: sell real § 6. Any such association may, in case the uses and convenience May mortthereof so require, upon application to the Supreme Court of the dis- gage or 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, from time to time, the whole or any part or parts of its real estate, the granting of such order to be in the discretion of the court, and such application to be made only when authorized by said association at any annual meeting thereof, by a vote in person or by proxy of not less than two-thirds in amount of all the stockholders voting, and printed or written notice of the intention to vote for such application having been served on every stockholder by the secretary of such association, by depositing the same in the post-office where such associa tion is located, properly folded and directed to him at the post-office nearest his place of residence, as shall appear from the books of the association kept for this purpose, with the postage paid thereon, at least twenty days prior to the time of said meeting. Amending ch. 476, Laws 1859, CHAP. 166. AN ACT to amend chapter four hundred and seventy-six of the laws SECTION 1. Section one of chapter four hundred and seventy-six of the laws of eighteen hundred and fifty-nine, entitled "An act to supply vacancies in the 3 Edm. 322. office of justices of the peace of the several towns of this State," is hereby amended so as to read as follows: Vacancy in office of justice of illed. § 1. Whenever a vacancy shall occur in the office of justice of the peace of any town in this State, the supervisor, town clerk, and remaining justices of the peace, how peace, or a majority of such officers, are hereby authorized by warrant under their hands and seals to appoint a suitable person to fill said vacancy, and the person so appointed shall hold said office until the next regular annual town meeting in said town, unless the said appointment shall have been made to fill the vacancy of an officer whose term of office would have expired on the thirtyfirst day of December next, succeeding such appointment; in which case the term of office of the person so appointed shall expire on the thirty-first day of December next succeeding such appointment. And any person so appointed may at once qualify and enter upon the discharge of the duties of his office. § 2. This act shall take effect immediately. An oral or verbal appointment is void. It must be in writing and under seal. People v. Murray, 70 N. Y. 521. The appointing board cannot appoint one of their own number. People v. Thomas, 33 Barb. 287. When a justice of the peace whose term has expired continues to discharge the duties of the office under the statute (1 R. S. 117, §9), authorizing him to hold over until his successor has qualified, the office is not vacant. Tappan v. Gray, 9 Paige, 507. Omission by a justice to take the prescribed oath works a forfeiture of the office. 1 R. S. 121, § 31. But such failure or a failure to give bonds does not create a vacancy in the office. Greenleaf v. Low, 4 Denio, 168; Weeks v. Ellis, 2 Barb. 320. Justices elected to fill a vacancy occurring before the expiration of a full term hold for the residue of the unexpired term. Const., art. VI, § 18. Justices of the peace are not within the constitutional provision (art. 6, § 13), limiting the tenure of judicial office to seventy years of age. Dohring v. People, 2 Thomp. & Cook, 458; People v. Gardner, 45 N. Y. 820. Section 31 of 1 R. S. 347, as amended by ch.543 of the Laws of 1874 (9 Edm. 968), provides as follows: "If any town shall omit or neglect at its annual town meeting to choose its proper town officers or any of them, it shall be lawful for any three justices of the peace of said town,by a warrant under their hands and seals within five days after such town meeting, to appoint such officer or officers, and the person or persons so appointed shall hold their respective offices until others are chosen or appointed in their places, and shall have the same powers and be subject to the same duties and penalties as if they had been duly chosen by the electors; but if the justices of the peace fail to so appoint, it shall be the duty of the town clerk, within thirty days thereafter, to call a special town meeting for the purpose of electing such officer or officers." CHAP. 170. AN ACT to amend section nine of chapter four hundred and sixty-three of the laws of eighteen hundred and fifty-three, entitled "An act to provide for the incorporation of Life and Health Insurance Companies, and in relation to agencies of such companies." PASSED April 24, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 463, SECTION 1. Section nine of chapter four hundred and sixty-three of Amending the laws of the year eighteen hundred and fifty-three, entitled "An Laws 1853, act to provide for the incorporation of life and health insurance 4 Edm. 216. companies, and in relation to agencies of such companies," is hereby amended so as to read as follows: § 9. No company organized under this act shall be permitted to For what purchase, hold or convey real estate, except for the purposes and in the purposes manner herein set forth, to wit: 1. Such as shall be requisite for its accommodation in the transaction of its business; or, 2. Such as shall have been acquired for the accommodation of its business previous to the passage of this act; or 3. Such as shall have been mortgaged to it in good faith, by way of security for loans previously contracted, or for moneys due; or, 4. Such as shall have been conveyed to it in satisfaction of debts previously contracted in the course of its dealings; or, 5. Such as shall have been purchased at sales upon judgments, decrees or mortgages obtained or made for such debts; and it shall not be lawful for any company incorporated as aforesaid to purchase, hold or convey real estate in any other case, or for any other purpose; and all such real estate as may be acquired as aforesaid, and which shall not be necessary for the accommodation of such company in the convenient transaction of its business, or which shall not have been necessary for such purpose at the time of its acquisition, shall be sold and disposed of within five years after such company shall have acquired title to the same; and it shall not be lawful for such company to hold such real estate for a longer period than that above mentioned, unless the said company should procure a certificate from the Superintendent of the Insurance Department that the interests of the company will suffer materially by a forced sale of such real estate, in which event the time for the sale may be extended to such time as the said Superintendent shall direct in said certificate. § 2. This act shall apply to all life insurance companies organized under any laws of this State. § 3. This act shall take effect immediately. 10 insurance companies chase,hold or convey real estate. may pur Amended 1876,ch.357, post. When to poor- CHAP. 173. AN ACT to provide for the better care of pauper and desti. tute children. 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. On and after January first, eighteen hundred and children seventy-six, it shall not be lawful for any justice of the peace, police committed justice or other magistrate, to commit any child, over three and under sixteen years of age, as vagrant, truant or disorderly, to any county poorhouse of this State, or for any county superintendent, or overseer of the poor, or other officer, to send any such child as a pauper to any such poorhouse for support and care, unless such child be an unteachable idiot, an epileptic, or paralytic, or be otherwise defective, diseased or deformed, so as to render it unfit for family care, but such justice of the peace, Where to police justice or other magistrate, and also such county superintendent be sent. Children to be removed poor houses. 1876,ch.266, or overseer of the poor or other officer, shall commit or send such child or children not above exempted to some orphan asylum or other charitable or reformatory institution, as now provided for by law. § 2. It shall be the duty of the county superintendents of the poor, or other proper officers charged with the support and relief of indigent persons of the several counties of this State, in which there are county poor-houses, to cause the removal of all children between the age of Amended three and sixteen years (not exempted by the first section of this act) post. from their respective poor-houses, on or before the first day of January, eighteen hundred and seventy-six, and also to cause the removal of those who may hereafter come under the care and control, or hereafter be born in such poor-houses, before they shall have arrived at the age of three years, and provide for their support and care in families, orphan asylums or other appropriate institutions as now provided for by law; and the boards of supervisors of the several counties, are hereby required to take such action in the matter, as may be necessary to carry out the provisions of this act. In placing any such child in any such institution it shall be the duty of the officer, justice or person placing it there to commit such child to an orphan asylum, charitable or other reformatory institution that is governed or controlled by officers or persons of the same religious faith as the parents of such child, as far as practicable. Boards of supervis carried out. Bochester CHAP. 174. AN ACT to authorize municipal corporations holding the first mortgage bonds of the Rochester and State Line Railway Company to exchange the same for the second mortgage bonds of said company. 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. The common council of the city of Rochester are hereby exchange authorized and empowered to exchange with the Rochester and State |