the presence of the watchers and all other persons who may be lawfully within the polling place, giving full view of all the counter numbers. The chairman of the board of inspectors shall, under the scrutiny of an inspector of a different political party, in the order of the offices as their titles are arranged on the machine, read and announce in distinct tones the designating number and letter on each counter for each candidate's name, the result as shown by the counter numbers, and shall then read the votes recorded for each office on the irregular ballots. He shall also in the same manner announce the vote on each constitutional amendment, proposition or other question. Where the counters of a candidate, who has been nominated more than once for an office to which two or more persons are to be elected, are coupled for simultaneous action so that the vote counted by any one of the counters of such candidate will also be counted by the other counters of such candidate, the record of the vote on but one of such counters shall be taken, and the record of the vote on the other counters shall not be taken but shall be entered as (000). The counters of a candidate who has been nominated more than once for an office to which but one person is to be elected shall not be coupled for simultaneous action and the record of the vote on each counter of such candidate shall be taken and added together. The counter shall not in any case be read consecutively along the party row or column, but shall always be read along the office columns or rows, completing the canvass for each office before proceeding to the next, and the vote as registered shall be entered by the clerks on both of the tally sheets in ink, in the same order on the space which has the same designating number and letter. After copying the vote from the tally sheets onto the statement of canvass, the figures shall be verified by being called off in the same manner from the counters of the machine by an inspector of a different political party. The counter compartment of the voting machine shall remain open until the statement of canvass and all other reports have been fully completed and signed by the election board. During such time any candidate, watcher, or challenger of any party or independent body duly accredited as provided by section [one hundred and two] three hundred and fifty-two of the Election Law who may desire to be present shall be admitted to the polling place. The proclamation of the result of the votes cast shall be deliberately announced in a distinct voice by the chairman of the board of inspectors who shall read the name of each candidate, with the designating number and letter of his counter, and the vote registered on such counter; also the vote cast for and against each question submitted. During such proclamation ample opportunity shall be given to any person lawfully present to compare the results

so announced with the counter dials of the machine and any necessary corrections shall then and there be made by the election board, after which the doors of the voting machine shall be closed and locked.

Before adjourning the board shall, with the seal provided therefor, so seal the operating lever of the machine that the voting and counting mechanism will be prevented from operation.

§ 25. Section four hundred and seventy-one of said Election Law is hereby amended to read as follows:

§ 471. State superintendent of elections, chief deputy and assistants.—The governor shall appoint an officer, by and with the advice and consent of the senate, to be known as "the state superintendent of elections for the metropolitan elections district," who shall be a resident of one of the aforesaid counties and shall hold office for the full term of four years. Such term shall begin on the first day of January in every fourth year beginning with the year nineteen hundred and [two] three and shall expire on the thirty-first day of December. Vacancies shall be filled for the remainder of the unexpired term. Such superintendent may be removed from office in the same manner as a sheriff. He may appoint a chief deputy without nomination, a clerk, a secretary and a stenographer, and remove them at pleasure.

26. Section five hundred and eighteen of said Election Law is hereby amended to read as follows:

§ 518. Provisions of penal law relating to crimes against the elective franchise to apply.-All the provisions of the penal law relating to crimes against the elective franchise shall be deemed to apply to all elections held under the provisions of this article, and any person who shall violate any such provisions may be indicted at any time in any county of this state and may be fined or imprisoned or both so fined and imprisoned upon conviction thereof [wherever] whenever found in this state.

Executive Law

§ 27. Section one hundred and four of chapter twenty-three of the laws of nineteen hundred and nine, entitled "An act in relation to executive officers, constituting chapter eighteen of the consolidated laws," is hereby amended to read as follows:

§ 104. Disposition of fees paid by notaries public. --The county clerk of each of the counties of New York, Kings and Erie may appoint an assistant to be known as notarial clerk.

The county clerk of Erie county may retain, from each fee so paid by a notary public as a condition of filing his oath of office, one dollar and a half. The clerk of each of the counties of New York and Kings may retain, from each fee so paid by a notary public as a condition of filing his oath of office, three dollars, but not exceeding the total amount of fifteen hundred dollars in the county of Kings nor three thousand dollars in the county of New York in any one year, and each of the county clerks of the counties of New York, Kings and Erie may apply the amount so retained by him in payment of the salary of the notarial clerk or clerks in his office. The county clerk in each county other than the counties of New York, Kings and Erie, may retain from each fee so paid by a notary public as a condition of filing his oath of office, fifty cents. The amounts so retained by a county clerk of any county shall be in full payment for all his services and disbursements connected with the appointment and qualification of notaries public to act as such in such county. If the office of any such county clerk is a salaried office, such county clerk shall pay over the sum so retained by him, to the officer to whom fees of such county clerk are required by law to be paid. The county clerk of each county shall, within ten days after the end of each month, pay over to the state treasurer all fees received by him from notaries public under the provisions of this chapter during said month, after having deducted so much thereof as he is authorized to retain under the provisions of this section.

Forest, Fish and Game Law

§ 28. Section eighty-two of chapter twenty-four of the laws of nineteen hundred and nine, entitled "An act relating to the protection of the forests, fish and game of the state, constituting chapter nineteen of the consolidated laws," is hereby amended to read as follows:

§ 82. Hares and rabbits.-The open season for hares and rabbits shall be from October first to November thirtieth, both inclusive, except in [Albany] Allegany, Cattaraugus, Chautauqua, Clinton, Essex, Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Onondaga, Otsego, Saratoga, Saint Lawrence, Schoharie, Steuben, Warren, Washington and Wyoming counties where the open season shall be from October first to February fifteenth, both inclusive. Hares and rabbits native in this state shall not be taken, possessed or sold at any other time. Nothing in this section shall prevent the owner or occupant of inclosed or occupied farm lands or their employees from taking hares and rabbits on such owner's or occupant's premises at any time to prevent their injuring property. Hares and rabbits shall

not be hunted with ferrets. The possession of ferrets shall be presumptive evidence of their illegal use. There shall be no close season for Belgian hares, jack rabbits or rabbits bred in captivity.

§ 29. Section one hundred and eighty-four of said Forest, Fish and Game Law is hereby amended to read as follows:

§ 184. Superintendent of marine fisheries.-There shall be, in the department of forest, fish and game, a bureau of marine fisheries. There shall be a superintendent of marine fisheries who appointed by and under the direction and supervision of the forest, fish and game commissioner, shall have charge of the bureau of marine fisheries. The superintendent of shell fisheries now in office shall be continued in office as superintendent of marine fisheries during the pleasure of the commissioner, and as such shall perform the duties and have the powers [therein] herein prescribed. He shall receive an annual salary of three thousand dollars, payable monthly, and the expenses necessarily incurred by him in the discharge of his official duties. The forest, fish and game commissioner shall appoint a deputy superintendent who shall receive an annual salary of two thousand dollars, payable monthly, and the expenses necessarily incurred by him in the discharge of his official duties not to exceed seven hundred dollars. He shall take and subscribe the constitutional oath of office. During the absence or inability to act of the superintendent, the deputy superintendent shall have and exercise all the powers of the superintendent. He may be removed by the commissioner who may in like manner appoint his successor. The superintendent and deputy superintendent shall each execute and file a bond to the people of the state in the sum of five thousand dollars with sureties to be approved by the commissioner, conditioned for the faithful performance of his duties and to account for and pay over pursuant to law, all moneys received by him in his office.

30. Section two hundred and twenty-four of said Forest, Fish and Game Law is hereby amended to read as follows:

§ 224. Recording and fees.-All franchises, grants and leases of lands for shellfish culture, and assignments thereof, shall be recorded in the office of the superintendent of marine fisheries, and all records thereof, heretofore or hereafter made, in such office or in any public office, and copies of such records when duly certified by the officer having the custody thereof, shall be admitted in evidence in any action or proceeding, civil or criminal, in which they are material. Fees shall be paid to the state

* Se in original.

and collected by the superintendent of marine fisheries as follows, to wit, for the filing of each application for a grant or lease of land under water, twenty-five cents; for recording each instrument of lease, grant or assignment, one dollar; for each license or certificate issued, one dollar; for each relocation survey seven dollars per day for the time occupied, together with the actual traveling expenses [for the survey] of the surveyor. Any person requiring an original or relocation survey shall furnish a vessel at the place where such survey is to be made, and the necessary assistance to do the work, at his own expense.

General Business Law

31. Sections forty and forty-one of chapter twenty-five of the laws of nineteen hundred and nine, entitled "An act relating to general business law,* constituting chapter twenty of the consolidated laws," are hereby amended to read as follows:

§ 40. License in certain cities. No person, corporation, partnership or firm shall hereafter carry on the business of pawnbroker, in any of the cities of this state having a population of two hundred thousand or more, without having first obtained from the mayor of the city where the business is to be carried on a license authorizing such person to carry on the same in the manner and upon the conditions stated in the succeeding sections of this article. This article does not apply to the city of Rochester.

§ 41. Licenses, how obtained; penalty for carrying on business without license.- The mayor of any such city may from time to time grant, under his hand and the official seal of his office, to such citizens as he shall deem proper and who shall produce to him satisfactory evidence of their good character, a license authorizing such citizen to carry on the business of a pawnbroker, which license shall designate the house in which such person shall carry on said business, and no person, corporation, partnership or firm shall carry on the business of a pawnbroker without being duly licensed, nor in any other house than the one designated in said license, under a penalty of one hundred dollars for each day he or they shall exercise or carry on said business without such license or at any other house than the one so desig nated. Any person receiving such license shall pay therefor the sum of five hundred dollars for the use of the city yearly, and every such license shall expire one year from the date thereof, and may be renewed on application to the mayor each and every year on payment of the same sum and upon performance of the other conditions herein contained. Every person so licensed shall, at the

* So in original.