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tertain

any elective office, with intent to promote his election, against onor for any other person, with intent to promote the elec- ments. tion of any such candidate, either,

1. To provide or furnish entertainment at his expense, to any meeting of electors, previous to, or during the election at which he shall be a candidate; or,

2. To pay for, procure, or engage to pay for any such entertainment; or,

3. To furnish any money or other property to any person, for the purpose of being expendeil in procuring the attendance of voters at the polls; or,

4. To engage to pay any money, or deliver any property, or otherwise compensate any person for procuring the attendance of voters at the polls; or,

5. To contribute money for any other purpose intended to promote an election of any particular person or ticket, except for defraying the expenses of printing, and the circulation of votes, handbills and other papers previous to any such election, or for conveying sick, poor or infirm electors to the polls. $ 6, tit. 7, ch. 130, 1842.

ballots.

Changing ballots.

Sec. 403. No person shall fraudulently or deceitfully Changing change or alter a ballot of any elector, nor shall furnish an elector any ballot containing more than the proper number of names, or cause any other deceit to be practiced with intent fraudulently to induce such elector to deposit the same as his vote, and thereby to have the same thrown out and not counted. $ 7, same lit..

ment for

Punishment for offending against chapter 130, 1842.

SEÇ. 404. Every person offending against the provis- Punishions of this act shall be deemed guilty of a misde- offending meanor, punishable by fine not exceeding two hundred 130, 1842. and fifty dollars, or by imprisonment not exceeding six months. S 8, same tit.

against ch.

Penalty for disobeying inspectors, etc.

SEC. 405. If any person shall willfulıy aisobey any Penalty for lawful commands of the board of inspectors of any ing inspect

ors, etc. election, or shall willfully and without lawful authority,

obstruct, hinder or delay any elector on his way to any poll where an election shall be held, or while he is exercising or attempting to exercise the right of voting, or shall aid or assist in such obstruction or delay, he shall, on conviction, be adjudged guilty of a misdemeanor, and be fined in a sum not exceeding two hundred and fifty dollars, and may be imprisoned, in the discretion of the court, for not more than six months. § 9, tit. 7, ch. 130, 1842.

voting by

more than once.

Penalty for voting by non-residents and for voting more

than once. Penalty for SEC. 406. Any person who, at any general or special non-resi. election, or city or charter election, shall knowingly vote for voting, or offer to vote in any election district in which lie does

pot reside, except as hereinbefore provided, or shall vote or offer to vote more than once at the same election, either in the same or in any other election district, shall, on conviction, be adjudged guilty of a misdemeanor, and punishable by fine not exceeding two hundred dollars, or by imprisonment not exceeding six months, or by both, as the court may direct; and section nineteen of title six, chapter one, of the fourth part of the Revised Statutes is hereby repealed. $ 10, same tit.

Procuring illegal voters. Procuring SEC. 407. Every person who shall procure, aid, assist,

counsel or advise another to give or offer his vote at any general, town, city or charter election, knowing that •the person is not duly qualified to vote at the place where the vote is given or offered, shall, on conviction, be adjudged guilty of a misdemeanor, and punishable as prescribed in the last preceding section of this title. $ 11, same tit.

illegal voters.

Procuring non-residents to come into a town, ward or

district to vote. Procuring SEC. 408. Every person who shall procure, aid, assist,

to counsel or advise another to go or come into any town, a townik ward or election district, for the purpose of giving his

vote at any general, special, town or city election, knowing that the person is not duly qualified to vote in such

non-residents to come into

district to vote.

town, or ward, or election district, shall, on conviction, be deemed guilty of a misdemeanor, and punishable as prescribed by the tenth section of this title ($ 406, above). $ 12, tit. 7, ch. 130, 1842.

Punishment.

SEC. 409. Any person not duly qualified to vote under Punishthe laws of this State, who shall knowingly vote or offer men to vote at any general, or special, town or charter election in this State, shall be adjudged guilty of a misdemeanor, and on conviction shall be imprisoned for a period not exceeding six months, at the discretion of the court before which the offense is tried. And any inhabitant of another State, or country, who shall vote or offer to vote at any general, special, town or city charter election in this State, shall be adjudged guilty of a felony, and on conviction shall be imprisoned in the State prison for a period not exceeding one year, at the discretion of the court before which the offense is tried. And it shall be the duty of the district attorney in the county where the offense shall have been committed, to adopt effectual measures for the punishment of all persons who, without being legally qualified, shall vote or attempt to vote at any election in this State. $ 13, same tit.

to give

offenses.

Inspectors of election, etc., to give notice of offenses.

SEC. 410. It shall be the duty of every inspector of elec- Inspectors tions, sheriffs, constables and justices of the peace within tion, etc., this State, knowing that an offense has been committed notice of under this act, or having good reason to believe that an offense has been committed, to give information thereof to the district attorney of the county in which the offense shall have been committed, whose duty it shall be to adopt effectual measures for the punishment of all persons violating the provisions of this act. $ 14, same tit.

Grand juries to be especially charged as to offenses.

Sec. 411. It shall be the duty of the presiding judge Grand jurof every court of general sessions of the peace or oyer especially and terminer within this State, specially to charge the to offenses. grand jury at each term of said court, to take notice of

ies to be

charged as

all offenses committed in violation of any of the provisions of this act. § 15, tit. 7, ch. 130, 1842.

tions.

Applicable to all elections. Applicable Sec. 412. This title shall apply to all town meetings to all elec

held in the several towns in this State, as well as to the elections named and provided for in this act. 16. tit. 7, ch. 130, 1842, as added by ch. 354, 1878.

TITLE VIII.

MISCELLANEOUS PROVISIONS.

county, election member of

Hamilton county, election of member of assembly. Hamilton Sec. 413. The county of Hamilton and the county of election of Fulton shall jointly elect one member of assembly; and assembly. for all the purposes of this act, the county of Hamilton

shall be deemed part of the county of Fulton. § 1, tit. 8, ch. 130, 1842. See $ 23, ante.

majority

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Power of majority of inspectors. Power of SEC. 414. It shall be lawful for a majority of the inof inspect- spectors of any election, held in pursuance of this chapter,

to execute all the trusts and duties required to be executed by the inspectors of any such election. § 2, same tit.

Appointments to form board.

Appointments to form board.

SEC. 415. If a majority shall not be present on any day on which an election is held, the inspectors or inspector attending shall appoint so many electors of the town, ward or district, to act as inspectors, as may be necessary to form a board. § 3, same tit.

Oaths of office.

Oaths of office.

SEC. 416. The persons so appointed shall take the constitutional oath, and continue to act until a majority of the inspectors shall attend. § 4, same tit.

Notices of clerk and first judge.

SEC. 417. No notice of an election, nor copy of the

Notices of

first judge.

governor's proclamation shall in any case be directed to clerk and the clerk of a county, unless the office of sheriff of such county shall then be vacant, nor to the first judge, unless the office of sheriff and clerk shall both be vacant. $ 5, tit. 8, ch. 130, 1842.

Accounts of county clerks.

SEC. 418. The accounts of the respective clerks of Acco counties for services performed, and expenses incurred ferkunty • by virtue of this chapter (ch. 130, 1842), shall be audited, levied and paid in like manner as other contingent charges of such counties. $ 6, same tit.

spectors of

Pay of inspectors of election and clerks of the polls.

Sec. 419. The inspectors of election and clerks of the Pay of inpolls shall severally be allowed two dollars per day for election their services under this act. $7, tit. 8, ch. 130, 1842, of the as amended by $ 2, ch. 242, 1870.

and clerks

polls.

Repeal.

Sec. 420. Chapter six of the first part of the Revised Repeal. Statutes ; the act entitled “ An act directing the manner of choosing electors of president and vice-president," passed April 15, 1829; the act entitled “An act to preserve the purity of elections,” passed May 5, 1829; and the eleventh, twelfth, thirteenth, fourteenth and seventeenth sections of the act entitled “An act to preserve the purity of elections,” passed May 7, 1839; “ An act concerning elections in cities other than New York," passed May 26, 1841, and all other acts and parts of acts inconsistent with the provisions of this act are hereby repealed; but such repeal shall not affect any act done or right accrued, or any proceeding, suit or prosecution for any offense, or for the recovery of any penalty or, forfeiture. $ 8, tit. 8, ch. 130, 1842. Sections of act of 1839, applicable to town officers only.

Sec. 421. Sections seven, eight, nine and ten of the Sections of act entitled “An act to preserve the purity of elec- applicable tions,” passed May 7, 1839, shall be deemed applicable to officers elections for town officers only. § 9, same tit.

act of 1839,

to town

only.

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