of them, and shall be filed and recorded in the office of the county clerk of such county. When the whole canvass shall be completed, the original statements of canvass and certified copies used thereat shall be filed in the office of the secretary of the board. The certified copies of such original statement of canvass not used at the canvass and the sealed packages of void and protested ballots shall be retained in the office in which or by the officer with whom they were filed. The sealed packages of void and protested ballots shall be retained inviolate in the office in which they are filed subject to the order and examination of a court of competent jurisdiction and may be destroyed at the end of six months from the time of the completion of such canvass, unless otherwise ordered by a court of competent jurisdiction.

§ 24. Section one hundred and thirty-six of said act is hereby amended so as to read as follows:

Decisions of county board as to persons elected.

§ 136: Upon the completion of the statements required by section one hundred and thirty-five of this act the board of canvassers for each county shall determine what person has by the greatest number of votes been so elected to each office of member of assembly to be filled by the electors of each county for which they are county canvassers if constituting one assembly district, or in each assembly district therein, if there be more than one, and each person elected by the greatest number of votes to each county office of such county to be filled at such election, and if there be more than one school commissioner district in such county, each person elected by the greatest number of votes to the office of school commissioner to be filled at such election in each such district. The county clerk of the county of Hamilton shall forthwith transmit to the county clerk of the county of Fulton, a certified copy of the statement so filed and record it in his office, of the county board of canvassers of Hamilton county, as to all the votes so cast in Hamilton county for all the candidates and for each of the candidates for the office of member of assembly of the assembly district composed of Fulton and Hamilton counties; and the county clerk of Fulton county shall forthwith deliver the same to the Fulton county board of canvasers, who shall from such certified copy, and from their own statement as to the votes so cast for such office in Fulton county, determine what person was at such election, elected by the greatest number of votes to such office. Such board of each county shall determine whether any proposition or question submitted to the electors of such county only, has by the greatest number of votes been adopted or rejected. All such determinations shall be reduced to writing, and signed by the members of such board, or a majority of them, and filed and recorded in the office of the county clerk of such county, who shall cause a copy thereof, and of the statements filed and recorded in his office, upon which such determination was based, to be published in accordance with the provisions of sections twenty-one and twenty-two of the county law. The clerk of each county shall prepare as many certified copies of each certificate of the determination of the county board of canvassers of such county as there are persons declared elected in such certificate, and shall, without delay, transmit such copies to the persons therein declared to be elected, respectively.

§ 25. Section one hundred and thirty-seven of said act is hereby amended so as to read as follows:

Transmission of statements of county boards to secretary of state and municipal assembly.

§ 137. Upon the filing in the office of the county clerk of a statement of the county board of canvassers as to the votes cast for candidates for the offices of electors of president and vice-president, or as to the votes cast for candidates for state officers, except member of assembly and for representatives in congress, or as to the vote cast on any proposed constitutional amendment or other proposition or question submitted to all the electors of the state, such county clerk shall forthwith make three certified copies of each such statement, and, within five days after the filing thereof in his office, transmit by mail one of such copies to the secretary of state, one to the governor and one to the comptroller of the state. The governor and comptroller shall forthwith upon the receipt thereof by them deliver such certified copies to the secretary of state. If any certified copy shall not be received by the secretary of state on or before the last day of November next after a general election, or within twenty days after a special election, he shall dispatch a special messenger to obtain such certified copy from the county clerk required to transmit the same, and such county clerk shall immediately upon demand of such messenger at his office make and deliver such a certified copy to such messenger who shall, as soon as practicable, deliver it to the secretary of state. The county clerk of each county shall transmit to the secretary of state, within twenty days after a general election, and within ten days after a special election, a list of the name and residence of each person determined by the board of county canvassers of such county to be elected member of assembly, school commissioner, and to any county office; and on or before the fifteenth day of December in each year a certified copy of the official canvass of the votes cast in each such county by election districts at the last preceding general election. The secretary of state shall obtain from the governor and comptroller such certified copies so transmitted to them and file the same in his office. Upon the filing in the office of the county clerk of a county wholly or partly within The City of New York of a statement of the county board of canvassers as to the votes cast for candidates for a city office within such city such county clerk shall forthwith make a certified copy of each such statement and, within five days after the filing thereof in his office, deliver in a sealed envelope such certified copy to the clerk of the municipal assembly of The City of New York at his office in the borough of Manhattan; on or before the fifteenth day of December in any year in which there shall have been an election for a city office for which votes were cast in such county wholly or partly within The City of New York the county clerk thereof shall file with the city clerk of such city a certified copy of the official canvass of the votes cast in such county or portion thereof by election districts for such city office and such canvass by election districts shall, as soon as possible thereafter, be published in the City Record.

§ 26. The said act is hereby amended by adding thereto the following section after section one hundred and thirty-seven of said act.

Organization and duties of board of canvassers of The City of New York.

§ 138. The municipal assembly of The City of New York shall be the board of canvassers of The City of New York of the statements of the county board of canvassers of the counties wholly or partly within such city of the votes cast in such city or any portion thereof for a city office or upon any proposition or question upon which only electors of such city were entitled to vote. The members of the municipal assembly shall meet at the usual place for holding their regular meeting of such body on the first Monday in December succeeding a general election for a city office within such city and within thirty days after such special election and shall organize by selecting one of the members as chairman. The clerk of the municipal assembly shall be the secretary of such board or if he be absent or unable to serve his chief deputy shall be the secretary of such board. The secretary shall thereupon administer to the chairman the constitutional oath of office and the chairman shall administer such oath to the members of such board and the secretary thereof. As soon as such board shall have organized the secretary shall deliver te such board the certified copies of the statements of the county boards of canvassers of each county wholly or partly within such city of the votes cast for candidates for city office within such city and upon any proposition or question, if any submitted, to the electors of such city only and the said board shall proceed to canvass such statements. If a certified copy of any statement of any county board required to be delivered to said board shall not be delivered prior to the meeting and organization of said board, it may adjourn such meeting from day to day not exceeding a term of five days and it shall be the duty of the secretary to procure from the county clerk of such county the required certified copy of such statement. Upon the completion of such canvass said board shall make separate tabulated statements signed by the members of such board or a majority thereof, and attested by the secretary, of the whole number of votes cast for all the candidates for each office shown by such certified statements to have been voted for and of the whole number of votes cast for each of such candidates, indicating the number of votes cast in each county for them, and if the voters of not more than one county or portion of such county were entitled to vote for such candidates, the name and portion of such county and the name of each candidate, and the determination of the board of the persons thereby elected to such office by the greatest number of votes. The said board shall also make a separate similar tabulated statement of the vote cast upon any proposition or question submitted at the election to the electors of such city only and shall include a determination as to whether such proposition or question by the greatest number of votes has been adopted or rejected. Each such statement and determination shall be filed and recorded in the office of the clerk of the municipal assembly and the said board shall cause the publication of the same in at least two newspapers within such county wholly within such city and in the City Record. Upon the filing in his office of such statements and determination the clerk of the municipal assembly shall issue and transmit by mail or otherwise a certificate of election to each person shown thereby to be elected, such certificate to be countersigned by the mayor of The City of New York under the seal of The City of New York.

§ 27. Sections one hundred and thirty-eight, one hundred and thirtynine, one hundred and forty and one hundred and forty-one of said act are hereby renumbered one hundred and thirty-nine, one hundred and forty, one hundred and forty-one and one hundred and forty-two, respectively.

§ 28. This act shall take effect on the first day of January in the year eighteen hundred and ninety-eight.

CHAPTER 380.

AN ACT to provide for boards of supervisors in counties wholly within the limits of a city but not comprising the whole of such city, and defining the powers and duties thereof.

Became a law May 6, 1897, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. In every county of the state wholly included within the limits of a city but not comprising the whole of such city, there shall be a board of supervisors, to be composed of the members of the municipal assembly, board of aldermen, common council or other legislative body of such city, who shall be elected as such, and also as supervisors within the territorial limits of the county.

§ 2. Every such board of supervisors may act as a board of county canvassers, and shall, in case the county be entitled to more than one member of assembly, have the power of dividing the county into assembly districts as provided by section five of article three of the constitution. § 3. Every such board of supervisors shall have no other or further powers of local legislation or administration, and shall have no power to incur any debt.

§ 4. The members of every such board of supervisors shall serve as such without compensation and without other or further compensation than is received by them as members of the municipal assembly, board of aldermen, common council or other legislative body of the city within which the county is included.

§ 5. The term of office of each member of every such board of supervisors shall be co-extensive with and no longer than his term of office as member of said municipal assembly, board of aldermen, common council or other legislative body of the city within which the county is located. § 6. All acts and parts of acts heretofore passed by the legislature which are in any respect in conflict or inconsistent with the provisions hereof or any of them, are hereby repealed.

§ 7. Each and every board of supervisors in existence prior to January first, eighteen hundred and ninety-eight, in any county of the state falling within the provisions of section one of this act, shall from and after said January first, eighteen hundred and ninety-eight, be abolished; and all the rights, powers and duties which by law were vested in any such board of supervisors prior to said January first, eighteen hundred and ninety-eight, are hereby wholly abrogated except as herein provided.

§ 8. This act shall take effect immediately save as otherwise herein provided.

CHAPTER 381.

AN ACT relating to the election of city officers of the City of New York, as constituted by the Greater New York charter, at the general election to be held in November, in the year eighteen hundred and ninetyseven, and for the canvass and return of the votes thereof, and the determination of persons elected thereat.

Passed without the acceptance of the city.

Became a law May 6, 1897, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Unless otherwise provided in this act, the officers or boards charged with the execution of the provisions of the election law shall continue to do and perform such acts as they are required by the election law to do and perform within The City of New York, as constituted by the Greater New York charter.

§ 2. The provisions of the election law, constituting chapter six of the general laws, applicable to cities of the first class relating to the registration of electors, the conduct of the election and the canvass and return of the votes for a general election which are not inconsistent with or contrary to the provisions of this act, shall be deemed to apply to all election districts within the boundaries of The City of New York, as constituted by the Greater New York charter, for and at the general election to be held in the year eighteen hundred and ninety-seven, in and for such election districts.

§ 3. The town board of the town of Hempstead, in the county of Queens shall, on or before the first day of July, in the year eighteen hundred and ninety-seven, divide such town into election districts which shall contain as near as may be four hundred electors. Such election districts so created shall be compact in form, and shall be respectively wholly within or wholly without the boundary, with such town, of The City of New York, as constituted as aforesaid.

§ 4. Certificates of nomination of candidates for a city office to be voted for at the general election in the year eighteen hundred and ninety-seven, in The City of New York or any part thereof, as constituted by the Greater New York charter, shall be filed as follows: Certificates of nomination of candidates to be voted for by all the electors within the territory of The City of New York, constituted as aforesaid, shall be filed with the board of police commissioners of The City of New York. Said board shall forthwith file a certified copy of each such certificate with the board of elections of the city of Brooklyn, and vith the county clerk of the counties of Richmond and Queens, respectively. Certificates of nomination of candidates to be voted for by only the electors or a portion of the electors of the county of New York shall be filed with the board of police commissioners of The City of New York. Certificates of nomination of candidates to be voted for by only the electors or a portion of the electors of Kings county shall be filed with the board of elections of the city of Brooklyn. Certificates of nomination of candidates to be voted for by only the electors or a portion of the electors of the county of

1