Penalty for purchase § 2. Section eighteen of said act is hereby amended to read as follows: § 18. Any person who, upon any trotting or race course authoror sale of ized by or entitled to the benefits of this act shall make or record, pools. Proviso. directly or indirectly, any sale or purchase of any pool or interest therein on the result of any trial or contest of speed or power of endurance of horses, taking place upon such trotting or race course, shall forfeit the value of any pool or interest therein so wagered, received or held by him, to be recovered in a civil action by the person or persons with whom such sale or purchase of said pool or interest therein is made, or by whom any money for the sale or purchase of said pool or any interest therein is deposited. This penalty is exclusive of all other penalties prescribed by law for the acts in this section specified, except in case of the exchange, delivery or transfer of a record, registry, memorandum, token, paper or document of any kind whatever as evidence of any such sale or purchase of a pool or interest therein, or the subscribing by name, initials, or otherwise, of any record, registry or memorandum in the possession of another person of the sale or purchase of a pool or any interest therein, intended to be retained by such other per son or any other person as evidence of the sale or purchase of any additional such pool or interest therein. A corporation or association aufees. thorized by or entitled to the benefits of this act, conducting a running or trotting or steeplechase meeting, shall have the right to charge increased or additional entrance fees for admission to any special portion or portions of the grounds of such corporation or association, unless such pool selling or bookmaking as is punishaable by fine or imprisonment, or other acts so punishable, be thereon authorized or knowingly permitted. Right to charge entrance Annual tax on gross §3. Section twelve of said act, as amended by chapter three hundred and eighty of the laws of eighteen hundred and ninetysix, is hereby amended to read as follows: § 12. A tax of five per centum upon the gross receipts of every receipts. Gorporation, person or persons from every trotting or running race meeting or meetings, held within the state of New York, either under the provisions of this act or otherwise, shall be paid by any person or persons, firm or association or corporation holding such races, or exercising any of the privileges conferred by section three of this act, whether the person or persons holding such races are incorporated or not. Such tax shall be annually paid by said per son or persons, association or corporation to the comptroller of priation of taxes. and bond. the state of New York, within fifteen days after the first day of December in each year. The amount collected by virtue of this Approsection shall be appropriated and distributed as provided by chap. thereof. ter eight hundred and twenty of the laws of eighteen hundred and and ninety-five, and the acts amendatory thereof. Before any Payment such person or persons, firm, association or corporation liable to pay the tax herein imposed shall hold any trotting or running race or exercise any of the privileges conferred by section three of this act or otherwise, they shall pay all taxes due under this act and theretofore assessed thereon and file a statement with the Statement comptroller containing the name of the place and stating the time when such races are to be held, and shall execute to the people of the state a good and sufficient bond to be approved by the comp troller and filed in his office. The amount of such bond shall be determined by the comptroller and shall be conditioned for the payment of the tax imposed by this section. Any person, persons, firm, association or corporation neglecting or refusing to execute such bond, and to file such bond and statement, as herein prescribed, shall be guilty of a misdemeanor. Nothing herein con- Exemption tained shall require such tax to be paid, bond to be executed or tural socistatement to be filed by any state, county or other agricultural association organized and in active operation as such prior to the passage of chapter five hundred and seventy of the laws of eighteen hundred and ninety-five, or which is entitled to share in the distri bution of moneys for agricultural purposes as provided by chapter eight hundred and twenty of the laws of eighteen hundred and ninety-five or acts amendatory thereof. All the provisions of this Applicaact relating to the powers and duties of the comptroller as to the visions of collection of taxes from associations and corporations holding trotting or running races hereunder, and relating to the payment of taxes and the making of reports by such corporations and associations, shall apply to all persons and firms liable to pay a tax upon their gross receipts as provided in this section. § 4. This act shall take effect immediately. Vol. I 74 of agricul eties. tion of pro act. Act amended. Issue of policies for from fire or lightning. Chap. 448. AN ACT to amend chapter seven hundred and thirty-nine of the Became a law May 17, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Section four of chapter seven hundred and thirtynine of the laws of eighteen hundred and fifty-seven, as amended by chapter fifty-four of the laws of eighteen hundred and eighty. four, is hereby amended to read as follows: § 4. The directors of such company may issue policies, signed damages by their president and secretary, agreeing in the name of such company to pay all damages which may be sustained by fire or lightning for a term not exceeding five years, by the holders of such policies, not exceeding the sum named in such policy and which shall not exceed the sum of seven thousand dollars in any one risk. Adoption of ballot author ized. § 2. This act shall take effect immediately. Chap. 449. AN ACT to enable the towns and cities of this state to use the Became a law May 17, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. The common council of any city, and the town board machines of any town within this state may adopt the Boma automatic ballot machine for use at all elections, and thereupon it shall be lawful to use such ballot machines for the purpose of voting for all public officers to be elected by the voters of such town or city, or any part thereof, and upon all constitutional amendments or propositions, or questions which may lawfully be submitted to such voters, and for registering and counting the ballots cast at such election. of polling ment of inations. § 2. The common council of each city, and the town board of Equipment each town adopting said machine, shall provide for each polling place. place, at each election therein, the necessary ballot machines, in complete working order, with the dials of the counters set at 0, and shall care for said ballot machines, as well as the furniture and equipment of the polling places when not in use at elections. § 3. The ballot machine and every part of the polling place shall Arrangebe in plain view of the election officers, including the watchers. polling place. The ballot machines shall be placed at least three feet from the wall of the room and at least three feet from the outer guardrail. The inspectors' table shall be at least four feet from the ballot machine. An inner guardrail shall extend from the ballot machine and between the entrance and exit doors thereof to a point at or near the inspectors' table. The outer guardrail shall be so placed as to bar access to within three feet at least of the ballot machine, but with the openings or gateways leading to and from the inspectors' table. Party nominations shall be arranged in Party nomcolumns, or else in horizontal rows, upon the said machines, and at the head of each of said columns, or else at the end of each of said rows, as the case may be, ballot captions shall be placed of cardboard, or heavy paper, not less than four inches long nor less than two and one-half inches wide, which shall have printed thereon, in plain, clear type, as large as the space will reasonably permit, the party or other lawful designation of the nominee, amendments, or other questions or propositions submitted to vote. For each candidate lawfully nominated, and for each constitu- Push key tional amendment or other proposition lawfully submitted to vote, a push key or lever shall be set as provided in section two of this act, and adjacent thereto or upon said lever shall be attached a printed ballot of cardboard, or heavy paper, not less than two and Ballots, one-half inches long and not less than one inch wide, upon which etc. shall be printed in plain, clear type, as large as the space will reasonably permit, the name of the office and the name of the candidate or nominee therefor; or a concise statement of the amendment, question or proposition submitted, under successive headings for and against. Should any party fail to make a nomination for any office, the ballot in that party's column or horizontal line upon the keyboard devoted to that office shall be left blank, and the push-knob or lever thereof shall be capped or otherwise arranged so as to be inoperative. Should two or more parties nominate the same person for the same office, or should the same person and ballot. form of, be nominated for the same office by any party and also by independent nomination, his name shall be printed upon the ballot of the party, or in the list of independent nominations, the certificate of which shall first be filed as required by law; provided, however, that such nominee may, within two days after his second nomination, by a written instrument, acknowledged as deeds are required to be acknowledged for record, and filed with the county clerk of the county, require his name to appear in the column or horizontal line of some other party so nominating him, and the county clerk shall prepare his ballot accordingly, and the ballot of the other party or parties which shall have nominated him shall be left blark for that office, and the corresponding push-knob or pushknobs or levers shall be capped or otherwise arranged so as to be inoperative. If two or more officers are to be elected to the same office for different terms, the term for which each is nominated Party em shall be designated on the ballot. The ballot captions and ballots of the several political parties or other nominating bodies, and those for and against constitutional amendments or other proposi tions or questions, shall be distinguished from each other by distinctive colors, and the ballot captions shall contain thereon the party emblems as provided by section fifty-six of chapter eight hundred and ten of the laws of eighteen hundred and ninety-five. In addition to the push-knob or lever and the ballot for each candidate, such ballot machines may also provide in each column or horizontal line of the party nominations a separate push-knob or lever to vote a ballot printed in plain, large type "straight ticket." Presiden In presidential elections such ballot machines may provide in each column or horizontal line of party nominations a separate pushknob or lever to vote a ballot for all the presidential electors nominated by such party. blems and colors. Separate push-knob for straight ticket. tial elec tions. Providing ballots, etc. § 4. The county clerk of the county shall provide at the expense of the county, the requisite number of ballots, ballot captions, counter labels and instruction cards for each polling place, in such town and city for each election to be held thereat, except for town meetings, village elections, and the election of school officers not held at the same time as the general election in which latter case the clerk of such village, town or school district shall provide at the expense of said village, town or school district the requisite number of ballots, ballot captions, counter labels and instruction cards for each polling place. The ballots, ballot captions, counter and open labels and instruction cards shall be printed and in possession of the clerk charged with the duty of providing them and open to the When printed to inspec tion. |