Page images
PDF
EPUB

shall have organized the secretary shall deliver to 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 meet. ing 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 proposi. tion 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 courtersigned 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 thirty-nine, 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.

supervis

canvassers,

Chap. 38O.
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-fiftlis 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 Board of the limits of a city but not comprising the whole of such city, there ors. 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 county canvassers, and shall, in case the county be entitled to more than one member of assembly, have the power of dividing the Division of county into assembly districts as provided by section five of article assembly three of the constitution.

83. Every such board of supervisors shall have no other or fur. No power ther powers of local legislation or administration, and shall have no legislation, power to incur any debt.

§ 4. The members of every such board of supervisors shall serve Compenas 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 Term 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 legisla. Repeal. ture which are in any respect in conflict or inconsistent with the provisions hereof or any of them, are hereby repealed.

districts.

of local

etc.

sation.

office.

Boards abolished.

Rights, etc., abrogated.

§ 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.

When takes effect.

etc., creat

Chap. 383.
AN ACT to prevent monopolies in articles or commodities of

common use, and to prohibit restraints of trade and commerce,
providing penalties for violations of the provisions of this act, and
procedure to enable the attorney-general to secure testimony in

relation thereto.
Became a law May 7, 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: Contracts, Section 1. Every contract, agreement, arrangement or combinaing monop- tion whereby a monopoly in the manufacture, production or sale illegal and in this state of any article or commodity of common use is or may void.

be created, established or maintained, or whereby competition in this state in the supply or price of any such article or commodity is or may be restrained or prevented, or whereby for the purpose of creating, establishing or maintaining a monopoly within this state of the manufacture, production or sale of any such article or commodity, the free pursuit in this state of any lawful business, trade or occupation is or may be restricted or prevented, is hereby de

clared to be against public policy, illegal and void. Penalties § 2. Every person or corporation, or any officer or agent thereof, for viola

who shall make or attempt to make or enter into any such contract, provisions.

agreement, arrangement or combination, or who within this state shall do any act pursuant thereto, or in toward or for the con. summation thereof, wherever the same may have been made, is guilty of a misdemeanor, and on conviction thereof shall, if a natural person, be punished by a fine not exceeding five thousand dollars, or by imprisonment for not longer than one year, or by

tions of

and pro

tion of civil

both such fine and imprisonment; and if a corporation, by a fine of not exceeding five thousand dollars.

§ 3. The attorney-general may bring an action in the name and Actions in behalf of the people of the state against any person, trustee, attorney.

general. director, manager, or other officer or agent of a corporation, or against a corporation, foreign or domestic, to restrain and prevent the doing in this state of any act herein declared to be illegal, or any act in, toward or for the making or consummation of any con: tract, agreement, arrangement or combination herein prohibited, wherever the same may have been made.

§ 4. The provisions of article one of title three of chapter nine applicaof the code of civil procedure relating to the application for an code. order for the examination of witnesses before the commencement of an action and the conduct of such examination shall apply, so far as practicable, to an action or proceeding by the attorneygeneral instituted pursuant to this chapter; and for the purpose of determining whether an action or a proceeding should be com. menced hereunder, the attorney-general may examine and procure the testimony of witnesses in the manner herein prescribed.

§ 5. Whenever the attorney-general deems it necessary or proper Procedure to procure testimony before beginning any action or proceeding ing testiunder this chapter, he may present to any justice of the supreme court, an application in writing for an order directing such persons as the attorney-general may require to appear before a justice of the supreme court, or a referee designated in such order, and answer such relevant and material questions as may be put to them, concerning any alleged illegal contract, arrangement, agreement or combination, in violation of this chapter, if it appears to the satisfaction of the justice of the supreme court to whom the application for the order is made that such an order is necessary, then such order shall be granted. Such order shall be granted without notice, unless notice is required to be given by the justice of the supreme court to whom the application is made, in which event an order to show cause why such application should not be granted shall be made containing such preliminary injunction or stay as may appear to said justice to be proper or expedient, and shall specify the time when and place where the witnesses are required to appear and such examination shall be held either in the city of Albany or in the judicial district in which the witness resides or in which the principal office within this state of the corporation affected is located. The justice or referee mas adjourn such examination from time to time and witnesses must attend accordingly.

for secur

mony.

Order for $ 6. The order for such examination must be signed by the jus-
examina-
tion.

tice making it and the service of a copy thereof, with an endorse-
ment by the attorney-general signed by him, to the effect that the
person named therein is required to appear and be examined at the
time and place, and before the justice or referee specified in such
endorsement, shall be sufficient notice for the attendance of wit-
nesses. Such endorsement may contain a clause requiring such
person to produce on such examination all books, papers and docu-
ments in his possession, or under his control, relating to the sub-
ject of such examination. The order shall be served upon the
person named in the endorsement aforesaid, by showing him the
original order, and delivering to and leaving with him, at the same
time, a copy thereof endorsed as above provided, and by paying or
tendering to him the fee allowed by law to witnesses subpoenaed

to attend trials of civil actions in a court of record in this state. Testimony § 7. The testimony of each witness must be subscribed by him, of witness.

and all testimony taken by such justice or referee appointed must be certified and delivered to the attorney-general at the close of the examination. The testimony given by a witness in a proceeding or examination under this act shall not be given in evidence against him in any criminal action or proceeding, nor shall any criminal action or proceeding be brought against such witness on account of the testimony so given by him, nor shall any person be excused from answering any questions that may be put to him on the ground that it may tend to convict him of a violation of the pro

visions of this act. Powers and $ 8. A referee appointed as provided in this act possesses all the duties of referee. powers and is subject to all the duties of a referee appointed under

section ten hundred and eighteen of the code of civil procedure, so far as practicable, and may punish for contempt a witness duly served as prescribed in this act for non-attendance or refusal to be sworn or to testify, or to produce books, papers and documents according to the direction of the endorsement aforesaid, in the same manner, and to the same extent as a referee appointed to hear, try

and determine an issue of fact or of law. Repeal. § 9. Chapter seven hundred and sixteen of the laws of eighteen

hundred and ninety-three and chapter two hundred and sixty-seven of the laws of eighteen hundred and ninety-six, are hereby repealed.

§ 10. This act shall take effect immediately.

[ocr errors]
« PreviousContinue »