Page images
PDF
EPUB

CHAP 149.

AN ACT to enable the religious society in the city of New

York known as Saint Michael's Protestant Episcopal
Church to acquire and hold lands for cemetery purposes.

Passed May 13, 1882.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows :

Section 1. It shall be lawful for the religious corporation in the city of New York known as “Saint Michael's Protestant Episcopal ration Church” to acquire and hold lands in Queens county, adjoining the quire and lands now owned and used by it for cemetery purposes, to the extent budidadi of fifty acres in addition to the lands now owned by it, and to use all lands to or any part of said lands and premises acquired or to be acquired for afty acres the purposes of a cemetery, under such rules and regulations as may be adopted by said corporation. Nothing contained in this act shall borse purbe construed so as to exempt the said lands so acquired from any tax, either state or local.

§ 2. The said corporation shall pay to the town of Newtown, to be Amount to used for such township purposes as may be determined by the proper be paid authorities of said town having the disposition of the revenues thereof, each intersuch sum as the board of health of said town shall annually determine, but not exceeding the sum of fifty cents for each interment made, in any land within said town of Newton acquired by virtue of this act.

§ 3. This act shall take effect immediately.

for ceineposes.

ment.

CHIAP. 150.

AN ACT authorizing the Buffalo Orphan Asylum to hold real and personal property.

PASSED May 13, 1882. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The Buffalo Orphan Asylum of the city of Buffalo, in Corpothis state, is hereby authorized to receive, take and hold any and all ration may property, real and personal, which may be bequeathed, granted, con- hold real veyed or devised to it to any amount, the rents, issues and profits of sudaperwhich real estate shall not exceed ten thousand dollars per annum, property. and the interest, income and profits of which personal estate shall not exceed twenty thousand dollars per annum.

82. This act shall take effect immediately.

24

CHAP 151.

comptroller may fix amount.

AN ACT to amend chapter three hundred and sixty-one of the

laws of eighteen hundred and eighty-one, entitled “An act to amend chapter five hundred and forty-two of the laws of eighteen hundred and eighty,entitled . An act to provide for raising taxes for the use of the state upon certain corporations, joint-stock companies and associations.

PASSED May 12, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Chapter three hundred and sixty-one of the laws of cighteen hundred and eighty-one, entitled “ An act to amend chapter five hundred and forty-two of the laws of eighteen hundred and eighty, entitled . An act to provide for raising taxes for the use of the state, upon certain corporations, joint-stock companies and associations, is hereby amended by adding thereto, three additional sections to be

called sections eleven, twelve and thirteen, to read as follows : If dissatis- $ 11. Whenever the comptroller is dissatisfied with the report of any fied with association, corporation or joint-stock company, liable to tax under

any of the provisions of this act, whose capital is only partially employed within this state, he is authorized and empowered to fix and determine the amount of capital stock which in his judgment shall be the basis for tax under the provisions of this act, and to settlo an account for the taxes, penalties and interest due the state thereon, and

any association, corporation or joint-stock company dissatisfied with Appeal. the account so settled may within ten days after notice thereof appeal

therefrom to a board consisting of the secretary of state, attorney-general and state treasurer, which board on such appeal shall affirm or correct the account so settled by the comptroller, and the decision of said board shall be final, but such appeal shall not stay proceedings unless the full amount of the taxes, penalties and interest as due on said account as settled by the comptroller, be deposited with the state treasurer.

$ 12. Whenever any association, corporation or joint-stock company

liable to make reports to the comptroller under any of the provisions comptroller In case of this act shall neglect or refuse to make such report or reports within to of refakal the time prescribed in this act, the comptroller is authorized to ex

amine, or cause to be examined, the books and records of any such association, corporation or joint-stock association, and fix anel determine the amount of tax due in pursuance of the provisions of this act, and in case of the non-payment of the amount of tax so ascertained to be due, together with the expenses of such examination for a period of thirty days after notice to any association, corporation or joint-stock company so in default, the same may be sned for in the name of the people of the state, and recovered in the same manner provided in sec

tion nine of this act. May issue § 13. The comptroller is authorized to issue subpoenas requiring subpænas, the attendance before him of any officer, agent, clerk or employee of

any association, corporation or joint-stock company liable to be taxed on its corporate franchise or business, capital or dividends under any of the provisions of this act, and to administer oaths to and examine them or any one or more of them on oath in relation to any matter

Proceedings by

reports.

ine witnesses.

which may in any way be material in determining the amount of the tax to be paid by any such association, corporation or joint-stock company; it shall be the duty of the person or persons thus subpænaed to attend as thereby required and give testimony on the subject aforesaid, and in case of failure to so attend or testify, the person so failing shall be guilty of a contempt, and any special term of the supreme court may adjudge and determine the punishment therefor in the same manner and to the same extent as provided in the Code of Civil Procedure for the punishment of contempt of court other than criminal contempt.

82. This act shall take effect immediately.

CHAP 152.

AN ACT to amend chapter three hundred and ninety-eight of

the laws of eighteen hundred and sixty-six, entitled “An act to facilitate the construction of the New York and Oswego Midland railroad, and to authorize towns to subscribe to the capital stock thereof."

Passed May 12, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section twenty-five of chapter three hundred and ninetyeight of the laws of eighteen hundred and sixty-six, entitled “ An act to facilitate the construction of the New York and Oswego Midland railroad, and to authorize towns to subscribe to the capital stock thereof,” is hereby amended so as to read as follows: 8 25. All real property assessed or liable to be assessed upon

the

Real assessment-roll of any town at the time of issuing bonds by said town estate pursuant to this act, and all acts amendatory thereof, shall continue sessed. to be assessed and assessable for all purposes whatsoever in said town until said bonds, or any renewals thereof, are fully paid, and if the owner of such real property does not reside within said town, then such real property shall be assessed as non-resident land or to any occupant of said real property actually residing within said town.

§ 2. This act shall take effect immediately.

CHAP 158.

AN ACT to authorize the town of Franklinville, county of

Cattaraugus, to take a legacy under the will of Henry Morgan, deceased.

PASSED May 13, 1882. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The town of Franklinville in the county of Cattaraugus Town may is hereby authorized and empowered in its corporate capacity to receive receive and bold all the residuary estate and legacy and all sums of money legacy. growing out of the same, bequeathed to it by the will of Henry Morgan, late of said town, deceased, bearing date November twenty-five,

Trustees to be up: pointed.

eighteen hundred and seventy-nine, for the uses and purposes mentioned in said will.

$ 2. The supervisor and justices of the peace of said town are hereby authorized and empowered to appoint three suitable persons, residents of said town, to receive in trust from the executor of said will such legacy and to expend the same according to the terms and conditions of said will.

$ 3. The persons so appointed, as provided in section two, shall, before receiving any portion of such legacy, execute a bond with two or more sureties as security for the same, which said bond shall be approved as to its form and sufficiency by the supervisor of said town and shall be filed in the office of the clerk of the said town.

§ 4. This act shall take effect immediately.

Omcial bond of.

of a misdemeanor.

oflirer

CHAP. 5. AN ACT to protect primary elections and conventions of political parties and to punish offenses committed thereat.

Passed May 13, 1882 ; three fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : T'ersons SECTION 1. If at any political primary election held by any political illegally voting,

party, organization or association in this state, any individual shall etc., guilty falsely personate and vote under the name of any other person, or shall

intentionally vote without the right to do so, or shall willfully and wrongfully obstruct and prevent others from voting who have the right to do so at such primary, or shall fraudulently and wrongfully conceal or destroy ballots cast, or in any manner intentionally and wrongfully deposit ballots in the ballot-box, or take them therefrom, or shall commit any other fraud or wrong, tending to defeat or affect

the result of the election, he shall be deemed guilty of a misdemeanor. Presiding $ 2. The presiding officer and inspectors at any such election shall, and in

before entering upon their duties, severally sign and swear to an oath spectors to in the form now required of inspectors at general elections. , The vote take oath.

or ballot of any person offered at such election shall, upon challenge by any lawful voter thereat, be rejected, unless he be sworn as to his

qualifications as such voter; and the presiding officer or any inspector Oath to

of such primary is hereby empowered, and it shall be his duty, to ad

minister an oath to such person and to any other person offering to offering to

vote, as he may deem advisable, to the effect that he will true answers make to such questions as shall be put to him touching his qualifications as a voter and his right to vote. He may then be examined as to such qualifications and right to vote. If he shall swear to the necessary qualifications of a voter, as prescribed by the regulations of the

association holding the primary or convention, his vote shall be rePenalty

ceived. If the person so sworn and examined shall intentionally swear for falso falsely as to his qualifications as a voter he shall be deemed guilty of swearing.

perjury and shall, on conviction, be punished as now prescribed by

law for the crime of perjury. A misde- $ 3. If any person acting as inspector, teller or canvasser at any such

primary election shall knowingly receive the vote of any individual who shall have been challenged, or who is known to him not to be entitled by the regulations of the association holding the primary

persons

vote.

meanor

illegal vote, etc.

construed.

election to vote at such primary, unless the same shall be first sworn in as aforesaid, or shall in any manner fraudulently and wrongfully deposit or put any ballots into or take any from the ballot-box of said primary election, or shall frandulently and wrongfully mix any ballots with those cast at said primary election, or shall knowingly make any false count, canvass, statement, certificate or return of the ballots cast or vote taken at said primary election, he shall be deemed guilty of a misdemeanor.

$ 4. If any person elected a delegate at any such primary or conven- Bribery of tion shall accept or receive any money or valuable thing as a consider- delegates. ation for his vote as such delegate" he shall be deemed guilty of a misdemeanor.

$5. The words "primary election,” as used in this act, shall be How to be construed so as to embrace all elections held by any political party, convention, organization or association, or delegates therefrom, for the purpose of choosing candidates for office or the election of delegates to other conventions, or for the purpose of electing officers of any political party, organization, convention or association.

$ 6. No person shall be entitled to vote at any primary election Voters. unless of the age of twenty-one years and a citizen of the United States.

8 7. The punishment of any of the offenses in this act declared to Fine. be misdemeanors shall be a fine not exceeding three thousand dollars or imprisonment not exceeding three years, or by both such fine and imprisonment.

$ 8. This act shall apply to every county in the state in which, as To what appears by the last census of the United States, there shall be a town to appig. or city with a population of over two hundred thousand.

9. This act shall not apply to the county of New York. § 10. This act shall take effect immediately.

[ocr errors]

state

AN ACT to release the interest of the people of the state of
New York in certain real estate to Charles Wurster.

Passed May 13, 1882; by a two-thirds vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows :

SECTION 1. All the estate, claim, right, title and interest of the people Interest of of this state in and to a plot of land and appurtenances situate in the city

released. and county of New York, particularly described in a deed from Oliver H. Jones and wife to Francesca Welch,* executrix, and so forth of Charles Welsch, deceased, and recorded in the office of the register of the city and county of New York in liber number nine hundred, of deeds, on page one hundred and eight, on the nineteenth day of March, eighteen hundred and sixty-four, as follows: "All that certain lot, and so forth, of land situate in the city of New York located and bounded as follows: Beginning at a point distant from the easterly side of the Sixth avenue, sixty-six feet five and a half inches, and serenty-two feet ten and a half inches southerly from the southerly side of Fiftieth

* So in original.

« PreviousContinue »