CHAP. 149. AN ACT to enable the religious society in the city of New PASSED May 13, 1882. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Corpo may ac ditional extent of for cemetery purposes. 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 bold adof 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 fifty acres the purposes of a cemetery, under such rules and regulations as may be adopted by said corporation. Nothing contained in this act shall be 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 to for 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. CHAP. 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: be paid ment. take and 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 a perwhich 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. § 2. This act shall take effect immediately. 24 sonal If dissatis- Appeal. Proceedings by comptrol of refusal to make reports. CHAP. 151. 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 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,"" is hereby amended by adding thereto, three additional sections to be called sections eleven, twelve and thirteen, to read as follows: § 11. Whenever the comptroller is dissatisfied with the report of any 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 settle an account for the taxes, penalties and interest due the state thereon, and any association, corporation or joint-stock company dissatisfied with 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 ler in case of this act shall neglect or refuse to make such report or reports within the time prescribed in this act, the comptroller is authorized to examine, or cause to be examined, the books and records of any such association, corporation or joint-stock association, and fix and 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 sued for in the name of the people of the state, and recovered in the same manner provided in sec May issue and examine wit tion nine of this act. § 13. The comptroller is authorized to issue subpoenas requiring subpoenas 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 nesses. which may in any way be material in determining the amount of the 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: to be as § 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. 153. 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: and hold 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 hold 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 ap pointed. Official bond of. Persons illegally voting, of a mis demeanor. Presiding oflicer and in take oath. eighteen hundred and seventy-nine, for the uses and purposes men- § 2. The supervisor and justices of the peace of said town are hereby 3. The persons so appointed, as provided in section two, shall, CHAP. 154. AN ACT to protect primary elections and conventions of The People of the State of New York, represented in Senate and SECTION 1. If at any political primary election held by any political 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. § 2. The presiding officer and inspectors at any such election shall, 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 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 of such primary is hereby empowered, and it shall be his duty, to administer an oath to such person and to any other person 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 received. If the person so sworn and examined shall intentionally swear falsely as to his qualifications as a voter he shall be deemed guilty of perjury and shall, on conviction, be punished as now prescribed by law for the crime of perjury. Oath to persons offering to Vote. Penalty for false swearing. A misdemeanor to receive illegal vote, etc. § 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 1 1 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 fraudulently 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. construed. § 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. § 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. countles to apply. § 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 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. CHAP. 155. AN ACT to release the interest of the people of the state of 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: state 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 seventy-two feet ten and a half inches southerly from the southerly side of Fiftieth So in original. |