2025 
 N5N48 
 
 New York County Clerk 
 
 Practical Directions for the 
 Holding of Elections
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES
 
 I ' ! 
 
 IIOLDI^^G OF ELECTIONS, 
 
 /- 
 
 f- 
 
 < 
 
 CANVASSING OF VOTES, 
 
 
 rRINfll'AM.Y AIM'I.ICABI.K TO 
 
 M J , THE CITY OF NEW YORK. 
 
 AND PESKiXEn FOK TlIK ISE OK 
 
 INSPECTORS OF ELECTION AND DISTRICT CANVASSERS IN THAT CITY. 
 
 PREPARED BY HENRY W. OE»ET, COUNrY CLERK. 
 
 Ilclu tlorh: 
 
 W. 1). ROE & CO, PRINTERS AND STATION BR^ 6.1 WALL STREET. 
 18 6 4.
 
 nsr o T I c K. 
 
 TO INSPECTORS OK KI-K('TIO> XWt DISTRICT CANVASSERS. 
 
 I\ inii-Hiianci! of n licsolnlioii mlojil'Ml l>y the Hoairl of .SiipcrviKori», Novembtr 21. 
 \HC)X uutln)ii/.iii« (l-niiili! iri«lru<;ti()nx lo hi' pri-ptirod for tin- cnulance of Innp ^ors 
 of Klcctioii and Dinlricl Ciinvas'Hfr^, and also iiiformin^c fiiid ofTic'TS that the Bevey;sl 
 ponaltioH will be inliiclod upon thcin for tlie \>.-nxl dorcliclion of duly. 
 
 The following concise stuteni' lit cinlniic-"'.'* all diitiiK d'^volviiij,' ni)on tlifin : 
 
 DUTIES OF INSPECTORS OF ELECTION. 
 
 HOW ArroiNTKi). 
 Hy the Hoaid of Siipervi.-ort* previous to Kli-ctiun day. :iiid )>y llie .-^iipirvisor living 
 Mcnre.'-t the lileclion Disuicl on said flay. All other appointments are illegal. 
 WHAT VOTRS TO IlKCIilVK. 
 No Iii.«peclor can act without having taken the oath of office — either l>efore llie 
 ClerRfof Ihe Hoard of Supervi.«or.« before Election day. or b"fore any \f<ml>iT of the 
 Moard 0:1 saiil day. 
 
 See Practical Directions, pages 13, 14, 15, 16, 17, 18. 19. and 20. 
 
 Clt rk.« are sworn in by the Chairman of the Board of Inspectors of Elction. 
 
 MANNI'^R OF VOTING AND FORM OF n.\I>r/)TS. 
 
 See pages 35. 36, 37, 38, and 39, Practical Directions. 
 
 DUTIES OF CLERKS. 
 
 In addition to their general duties, which are defined on pages 4'J and 50 of Prac- 
 tical Directions, they are required to preserve their tallies and file ttetn with thi' 
 I'idice Commissioners immediately upon the completioa of the canva.«i'. and to assist 
 Ihe Canvissers in the canvass of the votes. 
 
 DUTIES OF DISTRICT CANVASSERS. 
 
 1K)\V ArrOINTED. 
 Hy the Hoard of Supervisors previous to Election day. or on said day I)y the .^np'r- 
 viso'r living nearest the Election District. All other appointments are illegal. 
 No District Canvasser can act without having taken the oath of oftice — either before 
 the Clerk of the Hoard of Supervisors before Election day, or before any member of 
 the Hoard of Supervisors nw said day. 
 
 CANVASS OF VOTES. 
 See pages 59, 60, 61, 62, 63, and 64, Practical Directions. 
 
 They should observe, particularly, to receive the Boxes from the Inspector 
 immediately after they have been sealed up : compare the number of Votes 
 with tlie number on the Poll Liit: mske oral Proclamation of the result 
 immediately aftef the completion of the Cauva33 of each Box : attach to 
 these Ret\irn3 a Copy of each kind of Tickat Voted for, and also all De- 
 fective Ballots rejected 
 
 File one Udurn and Copy of I'oU Li'^l with ih.' County Clerk, and the oth>r witli 
 the Supervisor having cliarge of the lleturn District for the County Election : and 
 for the Charier Ebction, one Ueturn with the Cl.'rk of the Common Council, and th..- 
 olher with the Alderman of the District. 
 
 .*>.■(■ lliiit the iiumhet of Vitlcs ■ijirnfuil in iH'h li'tiui) (\ vntlia .11 wok}.-, anil /ian'r-. 
 
 MAKE RETURNS FOR EVERY VOTE RECEIVED. 
 
 By order of the Boartt, 
 
 JO.-. B. YOUXG, C'erk.
 
 SPECIAL NOTICE 
 
 TO 
 
 CANVASSERS OF ELECTION 
 
 RETURNS OF THE NOVEMBER ELECTION, 
 
 AVITlf 
 
 Must be filed forthwith — one copy of Returu jmd Poll 
 List at the County Clerk's Office, and also one copy 
 served on the Supervisor appointed to receive the 
 Returns of the district. 
 
 Heturns of December £lection, with Poll £ist, 
 
 Are to l)e filed witJi Clerk of Common Council and 
 Alderman of the district immediatel}' upon completion 
 of the Canvass.
 
 PlliCTICAL DIRECTIONS 
 
 HOLDI^TG OF ELECTIONS, 
 
 CANVASSING OF VOTES, 
 
 le pieir ^kctioii ^at, 
 
 rRINCIPALLY AI'PLIC.VCL?; TO 
 
 THE CITY OF NEW YORK, 
 
 AND DKSIGNKI) FOIl THE USE OF 
 
 INSPECTORS OF ELECTION AND DISTRICT CANVASSERS IN THAT CITY. 
 
 PKEPARED BY HENRY W. GENET, COUNTY CLERK. 
 
 Ucli) ilorli: 
 
 W. 1). ROE & CO., PllINTEIlS AMI) STATION' llll-^, r,:J WALL STREEf. 
 18 64.
 
 
 THE 
 
 SOLDIERS' VOTING BILL 
 
 STATE OF NEW YOEIv 
 
 INSTRUCTIONS 
 
 THE SECRETARY OF STATE.
 
 OFFICE OF THE SECRETARY OF STATE, -j 
 OF THB State of New York, > 
 
 Alba-NY, June 23, 1804. > 
 Tbe following decision, from the Commissioner of Internal Revenue at Washington, has 
 been received at this Department, in regard to United States stamps upon the Powers of 
 Attorney, authorizing electors to vote for soldiers in the field, pursuant to Chap. 263, of 
 the Laws of 1864: 
 
 TREASURY DEPART.MENT— Ofrce of I.nter.val Rkve.nxk, ■« 
 WASui.\GTO.N,./une 21,1864. J 
 
 " Sir : — In reply to yours of the l"th inst. , I have to say, that where Powers of Attorney 
 are executed by a .soldier in the field, authorizing a second party to vote for him, as under 
 the late act of the Legislature of New York, it is held by this office, that to require the 
 same to be stamped would he subjecting the elective franchise to a restriction not con- 
 templated in the policy of the law. No stamps will, therefore, be required on such war- 
 rants. Very respectfully, 
 
 JOSEPH J. LEWIS, C<ymmissi(mer. 
 
 CnAS. Plact:, Esq., Chi"f Cleric Stale Deparlmcnl, Albany.
 
 INSTRUCTIONS. 
 
 state of Xeto Yorb, 
 
 Office of the Secretary of State, 
 
 Albany, 1864. 
 
 Under the provisions of the Soldiers' Voting Bill, the 
 soldier intending to vote at any general or special election, 
 to be held in this State, is required to fill out and execute 
 a power of attorney (for which a blank is herewith sent), 
 swear to it before any field officer, captain, adjutant, or 
 commandant of any company or detachment on detached 
 service of the United States, and commissioned as officers 
 in the volunteer force of the State of New York, or the 
 captain or commandant of any vessel in the naval service 
 of the United States ; also, having a witness to sign his 
 name thereto, and authorizing some person, icho is a Icfral 
 voter, at his home or place of residence in this State, resid- 
 ing in the same town or city where such soldier resides, to 
 cast for him his vote or ballot. He then must fill out the 
 blank affidavit, which will be found printed on the outside 
 of the accompanying envelope, sign it, and swear to it be- 
 fore one of the officers above named. 
 
 After having executed tlie power of attorney, and sworn
 
 to the afTidavit on the envelope — which may be cither 
 written or printed — he must fold and inclose the vote or 
 ballot he desires to be cast, together with the power of 
 attorney, and jdace them together inside the envelope 
 ■which has the printed or written affidavit thereon, seal 
 them up carefully, then place this envelope, so sealed, in- 
 side another envelope, to be marked ,on the outside, 
 "Soldier's Vote," and direct it to the person to whom 
 authority is given by said power of attorney, to cast for 
 him his vote or ballot, and transmit the same to the person 
 to whom it is directed by mail or otherwise. The officers 
 before whom the affidavits are taken, must attach to their 
 signatures their official designations. 
 
 It should be borne in mind, that the person who is to 
 receive the soldier^s vote or ballot, and cast the same for 
 him, must be a legal voter on the day of election ; and sol- 
 diers should be cautious to send their votes or ballots to 
 none others. Great care also should be taken in directins: 
 these letters, to write, in a legible hand, the 7ia7ne, town, 
 and county, in order to prevent their miscarriage. By 
 reading section 2 of said act carefully, the soldier will be 
 able more clearly to see the course he is to pursue. 
 
 CHAUNCEY M. DEPEW, 
 
 Secretary of State,
 
 SOLDIERS' VOTING BILL 
 
 CHAPTER 253. 
 AN ACT 
 
 TO ENABI.E THE QUALIFIED ELECTORS OF THIS STATE, AB- 
 SENT THEREFROM IX THE MILITARY SERVICE OF THE 
 UNITED STATES, IN THE ARMY OR NAVY THEREOF TO 
 VOTE. 
 
 Passed, April t\ven(y-ono, one tboiipand eight bundred and sixly-four; 
 three-fifths being present. 
 
 The People of the State of JVew York, represented in Senate 
 and Assembly, do. enact as follows : 
 Section 1. In time of war every elector of tlie State of 
 I^w York in the actual military service of the United 
 States, in the army or navy thereof, who shall be absent 
 from the State of New York on tlie clay of election, shall 
 be entitled to vote at any general or special election held 
 in this State, in tlic manner and form foliowini^ : 
 
 § 2. Such absent elector shall, by an instrument executed 
 by him, not more than sixty days previous to any general 
 or special election to be held in this State, authorize and 
 empower any elector of the town or city where the said 
 absent elector shall reside, on the day of said election, to 
 cast for him his vote or ballot, in the manner prescribed 
 by this act, for all ollicers for whom he would have a right
 
 8 
 
 to vote if lie were present at such election ; said instrument 
 shall be signed by such absent elector, attested by a sub- 
 scribing witness, and sworn to before any field ofiicer, 
 captain, adjutant, or commandant of any company or de- 
 tachment on detached service, in the service of the United 
 States, and commissioned as officers in the volunteer force 
 of the State of New York, or the captain or commandant 
 of any vessel in the naval service of the United States, to 
 which the said absent elector may belong or be attached ; 
 and such officers are hereby duly authorized to administer 
 oaths for the purposes specified in this act, and they shp,ll 
 attach to their signatures their official designations. 
 
 § 3. The said absent elector shall make and subscribe 
 the following affidavit : " I, A. B., do solemnly swear (or 
 affirm) that I have been a citizen of the United States for 
 ten days : am now of the age of twenty-one years ; that I 
 have been or shall have been an inhabitant of the State of 
 New York for one year next preceding the election to be 
 held on the day of 186 ; for the last four 
 
 months a resident of the county of ; for thirty 
 
 days next preceding said election a resident of the town 
 (or city) of ; and that I am now, and until 
 
 said election intend to be, a resident thereof; that I have 
 not made any bet or wager, and am not directly or in- 
 directly interested in any bet or wager depending upon 
 the result of said election. And I do further swear, that I 
 am in the actual military (or naval) service of the United 
 States ; that I am now a member of company of the 
 regiment (describing the organization to which he belongs), 
 now at or near , in the state (or territory) of 
 
 (or attached to the United States vessel ). 
 
 Sworn to and subscribed this day of 186 
 
 before me,
 
 § 4. The said absent elector in the service as aforesaid, 
 shall prepare and fold the ballot or ballots he designs to 
 cast at such election, and inclose the same, together with 
 the instrnincnt dcscriljcd in the second section of this act, 
 in an envelope duly scaled, having on the outside thereof, 
 cither written or printed, the affidavit described in the 
 third section of this act. sworn to and subscribed a? therein 
 required. Tiie said envcloiic, prepared as aforesaid, shall 
 be inclosed by hiin in another envelope, marked " Soldier's 
 Vote," sealed and directed to the elector empowered by 
 the instrument described in the second section of this act, 
 to cast the ballot of said absent elector ; and the said ab- 
 sent elector may then transmit the same to the person to 
 whom it is directed, by mail or otherwise. 
 
 §. 5. Such elector, upon receiving such letter from such 
 absent elector, may open the outer envcloi)C tliere(»f. 
 Iju. he shall not open the inner envelope tiiereof. On 
 the day of such election, and between the opening and 
 close of the polls thereof, he shall deliver such inner en- 
 velope to the inspectors of elections of the proper election 
 district, and at the polls thereof; and if the name of the 
 person signing the affidavit, on the outside of said envelope, 
 shall be found enteied upon the register of electors of 
 such election district as a duly (jualified voter therein, 
 said envelope shall be by said inspectors publicly opened, 
 and the votes or ballots tlierein contained shall be duly 
 deposited in the appropriate boxes prepared to receive the 
 ballots of voters, and the name of sucii absent elector shall 
 be entered upon the poll lists, together with tiic name of 
 the person delivering the iKillot at tiio polls..' If such name 
 shall not be found entered upon the register of electors of 
 such district where such person claims to reside, sucii en- 
 velope shall not be oj)encd unless an aflidavit be made l)y
 
 10 
 
 / a hoiHoholdcr ol' the district, to the effect tliat he knows 
 I th;U siiid person whose vote is so offered, is a resident of.; 
 I said district./ If such allidavit be made and delivered to 
 the inspectors, they shall open said envelope and deposit 
 tlio votes or ballots therein contained as aforesaid, and the 
 ; name of the jterson so voting shall be entered upon the 
 j poll lists, to,!;ethor with the name of the person delivering 
 I the ballot at the polls. Tiie ballots contained in any such 
 inner envelope, which shall have been opened or unsealed 
 before the same shall have been laid before the Board of 
 Inspectors of election, shall not be deposited in any ballot- 
 box at such election, but shall be rejected. 
 
 § 6. The affidavits and instruments described in the 
 second and third sections of this act, and all envelopes 
 containing "soldiers' votes." not opened at such election, 
 shall l>e kept and filed by the inspectors of election in the 
 same manner and place as the poll lists of such election are 
 required by law to be kept and filed. 
 
 § 7. Every person who shall be entitled to receive any 
 letter or envelope marked as herein provided, before he 
 sliall take away the same, shall sign and deliver to the 
 })ostmaster or his deputy or clerk, a receipt therefor, which 
 receipt shall specify how many such letters or envelcipes ^ 
 he has received, and otherwise, as far as may be, specify 
 the particulars of the description thereof. And any willful 
 omission to comply with the provisions of this section shall 
 be adjudged a misdemeanor, and any person convicted 
 thereof shall be punished accordingly. 
 
 § S. Any inspector of election and any elector to whom 
 said ballot shall bo sent who shall willfully neglect or re- 
 fuse to perform any of the duties required of him by this 
 act. or in any manner willfully violate or abuse any trust 
 or duty hereby imposed on him, shall be deemed guilty of
 
 11 
 
 a misdemeanor, and upon conviction shall be punished by 
 line not less than two hundred and lifty doliui-s, and by 
 imprisonment in the county jail not less than four months. 
 
 § 9. Every person who shall be guilty of willful and 
 corrupt false swearing or affirming in taking any oath or 
 affirmation prescribed by this act, shall be adjudged guilty 
 of willful and corrupt perjury ; and every person who shall 
 make or sign a false certificate to any instrument or affi- 
 davit authorized by this act shall be deemed guilty of a 
 misdemeanor. 
 
 § 10. Every person who shall deliver or present to the 
 inspectors of elections under this act any forged, altered 
 or changed ballot, envelope, or instrument re(|uired or pro- 
 vided for by this act, knowing the same to be so forged, 
 altered or changed, shall be guilty of a misdemeanor, and 
 upon conviction shall be punished by a fine not less than 
 two hundred and fifty dollars, and by imprisonment in the 
 county jail not less than four months. 
 
 § 11. All provisions of the law of this State relative to 
 general or special elections, not inconsistent wiih any of 
 the provisions of this act, shall apply thereto. 
 
 § 12. The Secretary of State is hereby authorized and 
 required to prepare and have printed the necessary blank 
 forms and envelopes rerpiired to carry out the provisions 
 of this act, and shall cause the affidavits required by the 
 third section of this act to be printed in blank upon pro- 
 per envelopes, to contain the instrument required by the 
 second section of this act, and shall, at least two months 
 previous to any general or special election, cause such 
 Ijlank forms, envelopes, and copies of this act to be for- 
 warded to the several regiments from this State, in the 
 service of the United States, in the field, and to the several
 
 12 
 
 liosj)itals, posts, and naval stations, in sufiicicnt quantity to 
 fninish one copy of each blank, form, envelope, and copy 
 of this act to each person in the actual military service of 
 tlie United States, in the army or navy thereof, from this 
 State, and absent therefrom. The sum of ten thousand 
 dollars, or so much thereof as may be necessary, is hereby 
 approj)riated out of any moneys in the Treasury, not other- 
 wise appropriated, to defray the expenses authorized by 
 this section. 
 
 § 13. Any officer of tliis State, or of the United States, 
 or any other person, who shall, directly or indirectly, con- 
 trol, or attempt to control, any such enlisted elector in the 
 exercise of any of his rights under this act, by menace, 
 bribery, fear of punishment, hope of reward, or any other 
 corrupt or arbitrary "measure or resort whatever, or to 
 annoy, injure, or otherwise punish any such officer or man, 
 for tiie manner in which he may have exercised any such 
 right, shall be deemed guilty of an offense against the 
 sovereignity of this State, which shall be punished as a 
 misdemeanor, and for which he may be indicted and tried 
 at any future time, when he may be found within the limits 
 of this State ; and, upon conviction, he shall be imprisoned 
 for a term not exceeding one year, and fined in a sum not 
 exceeding one thousand dollars, and he shaU, also, thence- 
 forth be ineligible, after conviction thereof, to hold any 
 office in tiiis State. 
 
 State of New York, ) 
 Office of the Secretary of State. \ 
 
 I have compared the preceding with the original law on 
 file in this office, and do certify that the same is a correct 
 transcript tiierefrom and of the whole of said original. 
 
 Chauxcey M. Depew, 
 
 Secretary of State.
 
 PRACTICAL DmECTIOXS. 
 
 CHAPTER I. 
 
 Who are Legal Voters 1 
 
 Every male citi/.cu of the age of twcnty-oue years, who 
 sliall liavc lioen a citizen for ten days, and for thirty days 
 next j)rcccdi!ig the election a resident of the district from 
 which the oflicer is to be chosen for wliom he ofl'ers liis vote, 
 and an inhabitant of the State one year next preceding any 
 election, and for the last fonr months a resident of the 
 county where he may offer his vote, is entitled to vote in 
 the election district where he actually resides, and not 
 elsewhere, for all officers that now are or hereafter may bo 
 elected by the people. (Article "J, section 1, of the Consti- 
 tution, and Act of 1847.) 
 
 No man of color shall vote at any such election, unless he 
 shall have been for three years a citizen of this State, and 
 an inhabitant thereof for one year next preceding the elec- 
 tion at which he offers to vote ; and during that time shall 
 have been, and shall be at the time, seized and possessed 
 of a freehold estate of the value of two hundred and fifty 
 dollars, over and above all debts and encumbrances charged 
 thereon, and have been actually rated, and paid a tax 
 thereon ; and unless he has been for the last four months 
 a resident of the county, and for the last thirty days next 
 preceding the election a resident of the assembly district
 
 14 
 
 (or senate or congressional district, or other district, from 
 •\vliicli the officer is to bo chosen, for whom said person 
 offers to vote); nor unless lie shall be a resident of the ward 
 (or town, as the case may be), and of the election district, 
 in which he then offers to vote. (Ibid.) 
 
 No person shall be permitted to vote at any election who 
 shall have been convicted of any crime punishalde with 
 death or imprisonment in the State Prison, or of bribery, at 
 any time previous "tliercto, unless he shall have been par- 
 doned and restored to all the rights of a citizen ; nor shall 
 any person be permitted to vote who shall make or be in- 
 terested directly or indirectly in any bet or wager depend- 
 ing upon the result of any election at which such person 
 shall offer to vote. (Ibid.) 
 
 Wlio are Citizens 1 
 
 1. All persons are regarded as native citizens who were 
 born in tins country, either before or since the declaration 
 of independence, or who were resident citizens at that 
 time. (2 Kent's Com., 39.) 
 
 2. Persons who have been naturalized ujider any of the 
 acts of Congress, by a State court, being a court of re- 
 cord, with a seal and clerk, and liaving common law juris- 
 diction ; or before a circuit or district court of the United 
 States, are also deemed citizens within the act. (2 Kent, 
 64-66.) If they have been thus naturalized, their right is 
 perfect ; and the inspectors have no right to go behind 
 the certificate of naturalization, or the admission to citi- 
 zenship, for the purpose of ascertaining whether the party 
 claiming to vote as a naturalized citizen was legally or 
 properly admitted. The only inquiry is as prescribed by
 
 15 
 
 f 
 
 the statute (page 11, sec. 14), "when, where, and in what 
 
 court, or before what officer, he was naturalized ?"' The 
 act, however, gives the insjjcctors the right, and, in fact, 
 makes it their duty, to ask such questions as may tend, 
 among other things, to test " his qualifications as to citizen- 
 ship." (Election Law, page 11, sec. 1-4.) This power is 
 not designed to enable them to decide whether he has been 
 properly admitted, but whetlier he is admitted at ail or 
 not. It sometimes happens that the party does not pro- 
 duce his papers, or gives an unsatisfactory account of 
 them. To test iiis qualification, therefore, other questions, 
 may be put, sucli as the length of his residence in tiie 
 country, or the like ; and if he refuse to " answer fully" 
 such questions, " liis vote may be rejected." {Ibid., sec. 
 15.) To guide the inspectors in the questions thus to be 
 put, the following abstract of the Naturalization Laws is 
 given, as stated by Chancellor Kent, in his Commentaries, 
 vol. ii., pp. 04, Go : 
 
 " The terms upon whicli any alien, being a free 
 white person, can be naturalized, arc prescribed by the 
 acts of Congress, of the 14th of April, 1802, chap. 28; 
 the ?a] of March, 1813, chap. 184; the 22d of March, 
 181G, chap. 32 ; the 2Gth of May, 1824, chap. 18G ; and 
 the 24th of May, 1828, chap. lOG. It is required that lie 
 declare, on oath, before a State court, being a court of re- 
 cord, with a seal and clerk, and having common law juris- 
 diction, or Ijcfore a circuit or district court of the United 
 States, or l>cfore a clerk of either of the said courts, two 
 years, at least, before his admission, his intention to l)ocome 
 a citizen, and to renounce his allegiance to his own sover- 
 eign. This declaration need not be previously made, if the 
 alien resided here before the ISth June, 1812, and has 
 since continued to rpside here ; nor if he be a minor, under
 
 16 
 
 twcnty-nnc years of age, and sliall have resided in tlie 
 United States three years next preceding his arrival at 
 majority. It is sufficient to be made at the time of his ad- 
 mission, and that lie tlien declare on oath, and prove to the 
 satisf\iction of the court, that, for three years next preced- 
 ing, it was his bona fide intention to become a citizen, and 
 then the five years' residence, including the three years of 
 his minority, will entitle him to admission as a citizen, on 
 complying with the requisites of the law. At the time of 
 his admission, his country must be at peace with the United 
 States, and he must, before one of these courts, take an 
 oath to support the Constitution of the United States, and 
 likewise, an oatli to renounce and abjure his native alle- 
 giance. He must, at the time of his admission, satisfy 
 the court, by other proof than his own oath, that he has 
 resided five years, at least, within the United States, and 
 one year, at least, within the State where the court is held. 
 And if he shall have arrived since the peace of 1815, his 
 residence must have been continued for five years next pre- 
 ceding his admission. He must satisfy the court that dur- 
 ing tiiat time he has behaved as a man of good moral char- 
 acter attached to the principles of the Constitution of the 
 United States, and well disposed to the good order and 
 happiness of the same. He must, at the same time, re- 
 nounce any title or order of nobility, if any he hath." 
 
 If there be any doubt as to whether the party has been 
 admitted a citizen, any question pertinent to the matters 
 thus required may be put to him. 
 
 3. " The children of persons duly naturalized, under 
 any of the laws of the United States, or who, previous to 
 the passing of any law on that subject of the Government 
 of the United States, may have become citizens of any of
 
 17 
 
 the State?, under the laws thereof, being under the age of 
 twenty-one years at the time of their parents being so 
 naturalized or admitted to the rights of citizenship, shall, 
 dwelling in the United States, be considered as citizens of 
 the United States." (Act of Congress, April 14, 1802, 
 sec. 14.) 
 
 Under this provision, it has been held that the children 
 of persons duly naturalized, who were in their infancy at 
 the naturalization of their parents, if residing in the United 
 States at the time of the passage of that act, became citi- 
 zens, although they were not here at the time of the natu- 
 ralization of their parents. (Campbell v. Gordon, (\ Cranch, 
 177 : Peck v. Younir, 26 Wendell, 624.) 
 
 It has been decided, also, that, under this act of Con- 
 gress, the infant children of aliens, though born out of the 
 United States, if dwelling within the United States at the 
 time of the naturalization of the parents, become citizens 
 by such naturalization; and* that the provision of the act 
 is PROSPECTIVE, so as to embrace the children of aliens 
 naturalized after the passage of the act, as well as the 
 children of those who were naturalized before. (West v. 
 West, 8 Paige's Rep., 433.) And, in tlic case last cited, 
 the rule was applied to the case of a child who claimed to 
 be a citizen, in virtue of the naturalization of his father- 
 only, and who was accordingly held to be a citizen. The 
 same doctrine was also recognized and adopted by the 
 Supreme Court of the State, in Young y. Peck, 21 Wen- 
 dell, 303 ; by the Supreme Court of Massachusetts, in 
 CharlcJi v. Monson and Brimficld Manufacturing Co., 17 
 Pickering, 70; and by the Supreme Court of the United, 
 States, in Campbell v. Gordon, 6 Cranch, 176. 
 2
 
 18 
 
 4. By the supplementary act of Congress, of March 26, 
 1804, it is provided, tliat if any alien, who shall have com- 
 plied with the preliminary steps made requisite by the act 
 of 1S02, dies before he is actually naturalized, his widow 
 and children shall be considered citizens. (2 Kent, 52.) 
 
 5. By the subsequent part of section 4, of the act of 
 1802, above referred to, it is declared, that " the children 
 of persons who now are, or have been, citizens of the 
 United States, shall, though born out of the limits and 
 jurisdiction of the United States be considered as citizens 
 of the United States ; provided that the right of citizen- 
 ship shall not descend to persons whose fathers have never 
 resided within the United States." 
 
 '•This clause," says Chancellor Kent (Cora., vol. ii., 
 pp. 52, 53), "is certainly not prospective in its operation 
 It applied only to the children of persons who then were 
 OR HAD BEEN citizcns, and consequently the benefit of this 
 provision narrows rapidly by the lapse of time ; and the 
 period will soon arrive when there will be no statute regu- 
 lation for the benefit of children born abroad of American 
 parents, and they will be obliged to resort for aid to the 
 dormant and doubtful principles of the English Common 
 Law." 
 
 2. Wlio are Inhabitants or Residents 1 
 
 The question who are inhabitants or residents, within 
 the meaning of the Election Law, has been found to be full 
 of embarrassment in its application to the various cases 
 which arise. The general definition of these terms, which 
 were regarded by the Supreme Court in Roosevelt v. Kel- 
 logg, 20 Johns. Rep., 210, as synonymous, has been repeat- 
 •^dly given by the courts.
 
 19 
 
 " Inhabitancy and Residency," says Chancellor Wal- 
 ■wortli (in the matter of Wrigley, 8 Wendell, 140), "mean 
 a fixed and permanent abode or dwelling-place, as contra- 
 distinguished from a mere temporary locality of existence." 
 
 Judge Rush (in Guise v. O'Daniel, 1 Binncy, 319) ob- 
 serves, that "apparent or avowed intention of constant 
 residence, and not the manner of it, constituted a domicil. 
 It may be defined to be a residence at a particular place, 
 accompanied with the positive or presumptive proof of 
 continuing it an unlimited time." 
 
 The Supreme Court of Maine (in the Inhabitants of 
 Turner v. the Inhabitants of Buckfield, -i Grcenlcaf, 231) 
 held, that by tlie use of such terms in a statute, " the 
 Legislature meant to designate some permanent abode or 
 residence, witli the intention to remain ; or, at least, with- 
 out an intention of removal." 
 
 And in a late case in our Supreme Court (Frost v. Bris- 
 ban, 19 Wendell, 1-4), Chief Justice Nelson remarks: 
 "The transient visit of a person, for a time, at a place, 
 does not make him a resident when there. Something 
 more is necessary to entitle him to that cluiracter. There 
 must be a settled, fixed abode — an intention to remain per- 
 manently, at least for a time, for business or other purposes 
 — to constitute a resident, within the legal meaning of 
 that term." • 
 
 Wiierever, therefore, a person claiming to vote shall 
 appear to have moved into the State, or county, or ward, 
 or district, temporarily, with the intention to remove, or 
 without the intention to remain, he is not legally a resi- 
 dent, within the meaning of the law. And on the other
 
 20 
 
 Imnd, when he is absent from liis place of residence merely 
 temporarily, with the intention to return, he does not lose 
 his legal residence. 
 
 This principle has been embodied in the Constitution of 
 tliis State, and is as follows : 
 
 " For the purpose of voting, no person shall be deemed 
 to have gained or lost a residence by reason of his presence 
 or absence while employed in the service of the United 
 States, nor while engaged in the navigation of the waters 
 of his State, or of the United States, or of the high seas ; 
 nor while a student of any seminary of learning ; nor while 
 kept at any alms-house or other asylum at public expense ; 
 nor while confined in any public prison." 
 
 So in regard to the absence of a party in the army or 
 navy, or in navigating the waters of the State, the United 
 States, or the high seas, if these absences be temporary 
 merely they do not affect the residence of the party, but if 
 permanent they do. 
 
 One of the ordinary indicia of a man's legal residence is 
 where his family resides. But even this may be overruled 
 by his INTENTION. A man may have separated himself 
 from, or deserted, his family, and, however immoral the 
 act, he may acquire a legal residence in another county, 
 ward, or distict, or even in another State. 
 
 •
 
 21 
 
 CHAPTER II. 
 
 Board of Registry. 
 
 These officers having been recently created, the act 
 prcscribin<^ their mode of appointment, powers, etc., is 
 here given iu full : 
 
 AN ACT 
 
 FOR ASCERTAINING BY PROPER PROOFS THE CITIZENS WHO 
 SHALL BE ENTITLED TO THE RIGHT OF SUFFRAGE, AND 
 TO PREVENT FRAUDULENT VOTING. 
 
 Parsed, April fiftccu, one thoui-and ciglit hundred and fifty-nine ; three- 
 fifths being present. 
 
 The People of the Stale of JVeiv York, represented in Senate 
 and Assembly, do enact as follows : 
 
 § 1. The Board of Supervisors of the city and county 
 of New York shall annually appoint three inspectors for 
 each election district in said city and county, to be known 
 as the Board of Registry for the election districts in which 
 they are appointed ; such inspectors to hold their offices 
 for one year, and to be residents and voters in the district 
 in which they arc so appointed. 
 
 The said inspectors so appointed for the city and county 
 of New York, and the inspectors of election in each of the 
 other election distrtcls in this State, shall meet annually, 
 on Tuesday, three weeks preceding, the general election, 
 at nine o'clock A. M., at the place designated for holding 
 the poll of said election, and organize themselves as a 
 Board, for the purpose of registering the names of the legal 
 voters of such district ; and for this pur|tose they shall 
 appoint one of their number chairman of the Board, who
 
 22 
 
 shall administer to the other inspectors the oath of office 
 as prescribed by the Constitution, and the same oath shall 
 then be administered to the chairman by one of the other 
 inspectors. 
 
 The said Board shall then proceed to make a list, as 
 hereinafter prescribed, of all persons qualified and entitled 
 to vote at the ensuing election in the election district of 
 which they are inspectors ; said list, when completed, shall 
 constitute and be known as the register of electors of said 
 district. 
 
 The said inspectors, at their first meeting on Tuesday, 
 three weeks preceding their general election, shall have 
 power, if necessary, to sit two days for the purpose of mak- 
 ing said list ; provided, that, at the annual election next 
 prior to said meeting, the number of voters in the district 
 of which they are inspectors exceeded four hundred. 
 
 The said Board of Supervisors shall assemble on the 
 third Monday of September in each year, at eleven o'clock 
 in the forenoon of that day, at the usual place of meeting 
 of said Board, and proceed to ballot for the inspectors 
 provided for in this section, for said city. 
 
 Each ballot shall designate the number of the election 
 district, and the ward in which the same is situated, and 
 shall contain not more than three names for inspectors, as 
 aforesaid, for such district. The three persons receiving 
 the greatest number of votes for each election district 
 shall be the inspectors of such election district for one 
 year thereafter, and until others are appointed in their 
 places. If, after three ballotings for inspectors for any 
 election district, three such inspectors shall not have been ' 
 elected therefor, said Board shall draw by lot from the
 
 23 
 
 six names having the largest number of votes and not al- 
 ready elected, as above provided, a sufficient number of 
 names to make the number of such inspectors three for 
 such election district. 
 
 Six supervisors shall constitute a quorum for the trans- 
 action of tlic duties aforesaid, in the absence or refusal to 
 attend of the others, or any of them. 
 
 § 2. Said registers shall each contain a list of the per- 
 sons so qualified and entitled to vote in said election dis- 
 trict, alphabetically arranged according to their respective 
 surnames, so as to show in one column the name at full 
 length, and in another column, in cities and incorporated 
 villages., the residence by the number of the dwelling, if 
 there be a number, and the name of the street or otlier 
 location of the dwelling-place of each person. 
 
 It shall be the duty of said inspectors to enter in said 
 lists the names of all persons residing in their election 
 districts wliose names appear on tlie poll list kept in said 
 district at the last preceding general election, and, in 
 cities, the number of the dwelling and name of street or 
 other location, if the same shall be known to, or can be 
 ascertained by, such inspectors; and for this purpose said 
 inspectors are authorized to take from the office in which 
 they are filed the poll lists made and filed by the ins[»cct- 
 ors of such district at the general election held next prior 
 to the making of such register. 
 
 In case a new election district shall be formed, the said 
 inspectors shall enter in the list the names of such persons 
 entitled to vote in the new election district, whose names 
 appear upon the poll list of the last general election kept
 
 24 
 
 in tliG district or districts from whicli said new election 
 district is formed. 
 
 The said inspectors shall complete, as far as practicable, 
 the said register on the day of their meeting aforesaid 
 and shall make four copies thereof, and certify the register 
 and each of the copies to be a true list of the voters in 
 their district, so far as the same are known to them. 
 
 Within two days thereafter, the said original list, to- 
 gether with the lists taken from the office as aforesaid, shall 
 be filed by said inspectors in the office of the town clerk 
 of the town in which such election district may be ; or if 
 such election district is in a city^ in the office of the county 
 clerk in said city, and one copy of said list shall be kept 
 by each of said inspectors, and carefully preserved by him 
 for their use on the day or days hereinafter mentioned, for 
 revision and correction of the same. 
 
 One copy of said list shall, immediately after its com- 
 pletion, be posted in some conspicuous place in the room 
 in which such meeting shall be held, and be accessible to 
 any elector who may desire to examine the same or make 
 copies thereof. 
 
 § 3. The said Boards shall meet on the Tuesday of the 
 week preceding the day of the general election, in their 
 respective election districts, at the place designated for 
 holding the polls of election, for the purpose of revising, 
 correcting, and completing said lists ; and for this purpose, 
 in cities, they shall meet at eight o'clock in the morning, 
 and remain in session until nine o'clock P. M. of that day 
 and the day following ; and in other districts they shall 
 meet at nine o'clock in the morning, and remain in session 
 until seven o'clock P. M. of that day.
 
 25 
 
 § 4. Tlie proceedings of said Board shall be open, and 
 all persons residing and entitled to vote in said district 
 shall be entitled to be heard by said inspectors in relation 
 to corrections or additions to said register. 
 
 One of the lists so kept by said inspectors as aforesaid, 
 shall be used by tliem on tlie day or days for making cor- 
 rections or additions for the purpose of completing the 
 registry for such district. 
 
 § 5. It sliall be the duty of said inspectors, at their 
 meeting for revising and correcting said list, to erase 
 therefrom the name of any person inserted therein -who 
 shall be proved by tlie oatlis of two legal voters of said 
 district, to the satisfaction of said inspectors, to be a non- 
 resident of said district, or otlier\vi«e not entitled to vote 
 in said district, at the election then next to be held. 
 
 Any elector residing in said district, and entitled to 
 vote therein, may appear before said Board of Inspectors, 
 and require his name to be recorded on "said alphabetical 
 list. Any person so requiring his name to be entered on 
 said list shall make the same statement, as to the street 
 and number thereof, and where he resides, required, by the 
 provisions of this act, of persons offering their votes at the 
 election, and shall be subject to the same pains and penal- 
 ties for refusing to give such information, or for falsely 
 giving tlie same, and shall also be subject to challenge, 
 either by the inspectors, or cither of them, or by any other 
 elector whose name aj)pears upon said alphabetical list, 
 and the same oaths may be administered by the inspectors 
 as now provided against persons offering to vote at an 
 election ; and in case no challenge is made of any person 
 requiring his name to be entered on said alphabetical list.
 
 26 
 
 or in case of challenge, if such person shall make oath 
 that would entitle him to vote in case of challenge at an 
 election, then the name of any such person shall be added 
 to the alphabetical poll list of the last preceding year. 
 
 § G. After said list shall have been fully completed, the 
 said inspectors shall, within three days thereafter, cause 
 four copies of the same to be made, each of which shall 
 be certified by them to be a correct list of the voters 
 of their district, one of which shall be filed in the office of 
 the town clerk of towns, and in cities in the office of the 
 county clerk of the county, and one of which copies 
 shall be delivered to each of the said inspectors, except in 
 the city and county of New York ; one of said copies 
 shall be delivered to each of the inspectors of election of 
 the district in which such registry is made. 
 
 It shall be the duty of the said inspectors, so receiving 
 such list, carefully to preserve the said lists for their use 
 on election day, and to designate one of their number, or 
 one of the clerks, at the opening of the polls, to check the 
 name of every voter voting in such district whose name is 
 on the register. 
 
 No vote shall be received at any annual election in this 
 State unless the name of the person offering to vote be on 
 the said registry, made 'on Tuesday and Wednesday pre- 
 ceding the election, unless the person offering to vote shall 
 furnish to the Board of Inspectors his affidavit, giving his 
 reasons for not appearing on the day for correcting the 
 alphabetical list, and prove by the oath of a householder 
 of the district in which he offers his vote that he knows 
 such person to be an inhabitant of the district, and if in 
 any city, giving the residence of such person within said 
 ? district ; and any person whose name is on the registry
 
 27 
 
 may be cliallengcfl, and the same oatlis shall be put as are 
 now prescribed by law. 
 
 §7. The clerks at eacli poll, in addition to the duties 
 now prescribed by law, shall enter on the poll list kept 
 by them, in columns prepared for that purpose, opposite 
 the name of each person votinc^, the same statement or 
 minute as hereinbefore required of inspectors in making 
 the registry ; but such entry is not to be made by them if 
 the registry contains correctly the name and residence of 
 such voter, and in all cases the said clerk shall enter in a 
 column, opposite the name of each person not registered, 
 the words "not registered." 
 
 Every elector at the time of offering his vote shall truly 
 state the street in which ho resides, and if the house, lodg- 
 ing, or tenement in which he resides is numbered, the 
 number thereof, and the clerks of the polls shall truly 
 enter in the appropriate column of the poll list, ojjposito 
 the name of the elector, the street in Avhicli the elector 
 resides, and the number, in case the house, lodging, or 
 tenement is numbered ; and if the same is not numbered, 
 then tlie clerks shall enter " not numbered" in the column 
 of the poll list for entering the number ; in case of refusal 
 to make the statement as aforesaid, the vote of such elector 
 shall not Ije received. 
 
 Any person who shall willfully make any false statement 
 in relation thereto' shall Ixj deemed guilty of a misdemeanor, 
 and shall, upon conviction, be punished with a fine of fifty 
 dollars, or Ity iui|)risonmont in the county jail of the county, 
 or the city prison of the cit}^ where such voter offers to 
 vote, for a period of ten days, or by both such fine and 
 imprisonment. 
 
 § S. After the canvass of the votes, the said poll list
 
 28 
 
 aud said register, so kept and checked as aforesaid, shall be 
 attached together, and shall, on the following day, be filed 
 in the town clerk's office of tlie town in which said district 
 shall be, and in case tiic same are in cities, in the county 
 clerk's office, to be used by the inspectors in making the 
 list of voters at the next general election. 
 
 § 9. The same Board may, if necessary, on the day or 
 days of the making and of the correction of such lists, ap- 
 point a clerk to assist them in the discharge of tlie duties 
 required by the act ; and the same oath shall be taken by 
 such clerk as is required by law of clerks of the polls or of 
 elections. 
 
 § 10. The registers shall, at all times, be open to public 
 inspection, at the office of the authorities in which they 
 shall be deposited, without charge. 
 
 § 11. The members of the Board of Eegistration, and 
 their clerks, shall each receive the same compensation as 
 is now allowed by law for inspectors of election, for each 
 day actually employed in the making and completion of 
 the registry, to be paid by* them at the time aud in the 
 manner in which they are paid their other fees. 
 
 The necessary blanks and instructions, and other inci- 
 dental expenses, incurred in executing the provisions of 
 this act, shall be provided and paid for in the manner now 
 provided for the payment of incidental expenses of elec- 
 tion of the like character. 
 
 § 12. The said Board shall have and exercise the same 
 powers in preserving ordei; at their meetings, under this 
 act, as are given to inspectors of election for preserving 
 order on election days. 
 
 * So in the oriofinal.
 
 29 
 
 § 13. Any one of the inspectors may, at any authorized 
 meeting of tlie Board, administer tiie oath or oaths now re- 
 quired by law, to test the qualification of electors, and may 
 also administer, on the day of the making and completion 
 of the list, to any elector of the district who may be offered 
 as a witness to prove the qualifications of any person 
 claiming the right to be registered, the following oath : 
 
 " You do swear (or affirm) that you are an elector of this 
 election district; that you will fully and truly answer all 
 such questions as shall be put to you touching the place of 
 residence, and other qualifications as an elector, of the per- 
 son now claiming the right to bo registered as a voter in 
 this district." 
 
 And whoever shall willfully swear falsely upon such ex- 
 amination shall be deemed guilty of perjury. 
 
 § 14. Any person who shall cause his name to be regis- 
 tered in more than one election district, or who shall cause 
 his name to be registered, knowing that he is not a quali- 
 fied voter in the ward or district where said registry is 
 • made, or who shall falsely personate any registered voter ; 
 and any person causing, aiding, or abetting any person, in 
 any manner, in either of said acts, shall be punished, for 
 each and every offense, by imprisonment in the State Prison 
 for not less than one year. 
 
 All false swearing before said IJoard of Registration 
 shall be deemed willful and corrupt porjuiy, and. on con- 
 viction, i)unished as such. 
 
 If any niomlicr or officer of said Board shall willfully vio- 
 late any of the provisions of this act, or be guilty of any 
 fraud, in the execution of the duties of his onice. he shall
 
 30 
 
 be punislicd,for each and every offense, by imprisonment in 
 the State Prison for not less tlian one year. 
 
 § 15. The same list required to be made and perfected 
 at general elections shall, in the same manner, be made and 
 perfected by the inspectors at all elections for charter offi- 
 ces in the several cities in this State, and the provisions 
 and requirements of this act, so far as the same may be, 
 are made applicable to such elections. 
 
 § 16. The Secretary of State shall cause this law to be 
 printed, and a sufficient number of copies thereof sent to the 
 county clerks of the several counties, to supply each of 
 the officers named in this act with a copy ; and it shall be 
 the duty of said county clerks immediately to transmit a 
 copy of the same to each of the inspectors of election in 
 this* county. 
 
 § 17. This act shall take effect immediately. 
 
 State of New York, | 
 Secretary's Office. ) 
 
 I have compared the preceding with the original law 
 on file in this office, and do hereby certify that the same is 
 a correct transcript therefrom and of the whole of said 
 original law. 
 
 Given under my hand and seal of 
 office, at the city of Albany, this 
 sixth day of May, in the year one 
 thousand eight hundred and fifty- 
 nine. 
 
 W. MORTON, 
 
 Dep. Secretary of State . 
 
 L.S. 
 
 S. 
 
 * So in the oris:inal.
 
 31 
 
 AN ACT 
 
 AUTHORIZING AND REQUIRING INSPECTORS OF ELECTIONS AND 
 OTHER OFFICERS TO TAKE CERTAIN AFFIDAVITS REQUIRED 
 BY THE REGISTRY LAW. 
 
 Passed April Beventeen, one thousand eight hundrtd and sixty-four. 
 
 The People of the State of Jfew York, represented in Senate 
 and Jlssemhly, do enact as follows : 
 
 Sec. 1. At any annual State or city election, liereafter 
 hc^d in this State, any of the inspectors of such election 
 may take the affidavit now required by law, to be furnished 
 by persons offering to vote, wliosc names are not on the 
 register of electors ; and such inspectors, or one of them, 
 shall, upon request, take and certify such affidavit, without 
 fee or reward. All other officers, authorized by law to 
 take affidavits, shall, at all times, upon request, take and 
 certify any affidavit so required to be furnished as afore- 
 said, without any .charge therefor. 
 
 § 2. This act shall take eflcct immediately.
 
 32 
 
 CHAPTER III. 
 
 Formation of Boards of Inspectors, and Ap- 
 pointment of their Clerks. 
 
 Passing over the pi'ovisions for dividing the city into 
 election districts, and the appointment of inspectors there- 
 for, and the places for lidding the election (which need not 
 here be adverted to), the next subject is that mentioned in 
 the title of this chapter. 
 
 Chap. 216, of the laws of 1860, provides, that three in- 
 spectors of election should be appointed by the Board of 
 Supervisors, for each election district in the city, and also 
 provides for the appointment of district canvassers, in the 
 same manner. 
 
 It further provides, that if any vacancy should occur in 
 eitlier of such offices, which should remain unfilled prior to 
 the day of any election, or if any vacancy should exist on 
 that day, in either of said offices, that the same sliall be 
 filled by appointment, in writing, by the Supervisor residing 
 in the election district in which the vacancy exists ; or, if 
 there be none residing there, then by the Supervisor resid- 
 ing nearest to such district. 
 
 The former mode of forming the Boards of Inspectors, 
 and the duties and powers tliereof, are preserved by this 
 act. 
 
 The inspectors of each election district shall meet at 
 the time and place when and where an election shall have 
 been appointed to be he'ld therein, and shall proceed to or- 
 ganize themselves as a Board for the purpose of presiding
 
 37 
 
 and which, when folded, shall be indorsed, or show upon 
 the outside thereof, the words ''City and County, number 
 six," and be deposited in box number six. 
 
 G. The names of all persons voted for by any elector, at 
 any election for Alderman, or Councilman, who are to bo 
 elected by the voters of each ward, or such of them as are 
 to be elected at any election, shall be upon one ballot. 
 This ballot, on its face, must contain a designation of the 
 office, and the name or names of the person or persons to 
 be voted for, or such of them as any voter may desire to 
 vote for, and when folded must be indorsed, or show upon 
 the outside, the words " Charter, number seven." , 
 
 When received by the inspectors of election^ it must be 
 deposited in box marked number seven. 
 
 7. When any ballot may contain the names of persons 
 designated for Councilmen, for other council districts than 
 that where the Taallot is deposited, "Me nanus of the Coun- 
 cilmen or Inspectors, desifrnated as for that council or election 
 district, shall he counted, and the others rejected as surplusage." 
 (See Session Laws of 1855, p. 048.) 
 
 By section four of an act to amend the ciiarter, ])asscd 
 1857, six Councilmen are to be elected from each Senato- 
 rial district, l)y general ticket. 
 
 8. Tiie names of all persons designated for Judge o^the 
 Court of Appeals, Justices of the Supreme Court, of the 
 Superior Court of the City of New York ; Judges of the 
 Court of Common Pleas for the City and County of New 
 York ; Justices of the Marine Court of the City of New
 
 York, Surrogate, and Recorder, must be on one ballot. 
 This ballot, on its face, must contain a designation of the 
 office and tlic name or names of the person or persons to 
 be voted for, or such of them as any voter may desire to 
 vote for, and which, when folded, shall be indorsed or show 
 upon the outside the words ^'Judiciary, number eight," and 
 must be deposited in box number eight. 
 
 "Where a vacancy is to be filled, tlie ballot should dis- 
 tinctly state who is voted for to fill the full term, and who 
 to fill the vacancy. 
 
 9. The name or names of all persons to bo voted for, by 
 any elector, or such of them as any voter may desire to 
 vote for, police justices, or justices of the district courts 
 of the city "bf New York, are to be upon one ballot. This 
 ballot, on its face, must contain a designation of the office 
 and the name or names of the person or persons to be 
 voted for, or such of them as any voter may desire to 
 vote for. 
 
 The ballot, when folded, must be indorsed, or show upon 
 the outside, the words '^Justices, number nine ;" and when 
 received by the inspectors of election, must be deposited 
 in the box marked number nine. 
 
 10. The names of all persojis to be voted for by any 
 elector, for Commissioner of Common Schools, and Trus- 
 tees of Common Schools, are to be upon a separate ballot. 
 This ballot, on its face, must contain a designation of the 
 office, and the name or names of the person or persons to 
 be voted for, or such of them as any voter may desire to 
 vote for; and, in case any person be voted for to fill a 
 vacancy, he shall be designated on the ballot by the words
 
 39 
 
 " to fill a vacano}',-' written or printed irainediatcly over 
 his name, and he shall be so designated on the returns 
 of said election. This ballot, when folded, must be in- 
 dorsed " School Officers, number ten ;" and when received 
 by the inspectors of election, must be deposited in the 
 box numbered ten ; and said votes shall be canvassed as 
 " number ten" in the order of canvassing the votes at any 
 such election. 
 
 11. By the act passed April 17, 1858, it was provided 
 that there should be elected, at the general election to be 
 held in the city of New York, in that year, and at every 
 succeeding general election, two Supervisors, to be voted 
 for upon a separate general ticket, but only one name shall 
 be on any one ticket, and any ticket having thereon more 
 than one name for Supervisor shall not be counted. (Laws 
 of 1858, p. 51G.) 
 
 " This ticket shall contain a designation of the office 
 and of the name of the person to be voted for, and when 
 folded, shall be indorsed, or show upon the outside thereof, 
 the word " Supervisor,'^ and be deposited in a separate box, 
 marked '' Supervisor" 
 
 * NoTK.— The Act of 1858, Laws of 1857, vol. ii , p. 285, does not epccify 
 the box in which this ticket or ballot shall be deposited. There must Ije a 
 separate box provided for it. 
 
 »
 
 40 
 
 CHAPTER V. 
 1. — Voting- and Challenges. 
 
 Preliminary Oath on Challenge, and Examination of Voters. 
 
 If any person offering to vote at any election shall be 
 cliallenged in relation to his riglit to vote at that election, 
 by an inspector (and it is by law the duty of each inspector 
 to challenge every person offering a vote, whom he shall 
 know or suspect not to be duly qualified as an elector ; 
 Election Law, p. 13, sec. 31), or by any other person enti- 
 tled to vote at the same poll, one of the inspectors shall 
 tender to him the following preliminary oath : " You do 
 swear (or affirm) that you will fully and truly answer all 
 such questions as shall be put to you, touching your place 
 of residence and qualifications as an elector." {Ibid., pp. 
 10, 11, sec. 13.) 
 
 The inspectors, or one of them, shall then proceed to 
 question the person challenged in relation to his name ; 
 his then place of residence ; how long he has resided in 
 the town or ward where the vote is offered ; what was the 
 last place of his residence before he came into that town or 
 ward ; and also as to his citizenship, and whether a native 
 or a naturalized citizen ; and, if the latter, when, where, 
 and in what court, or before what officer he was natural- 
 ized ; whether he came into the town or ward for the pur- 
 pose of voting at that election ; how long he contemplates 
 residing in the town or ward ; and all such other questions 
 as may tend to test his qualifications as a resident of the 
 town or ward, citizenship, and right to vote at that poll. 
 {Ibid., p. 11, sec. 14.) As to the nature of these qualifica- 
 tions, see ante pp. 14, 20.
 
 33 
 
 at and conducting such election. (Election Law, page 9, 
 sec. 1.) 
 
 No person shall Ijo eligible to appointment as such in- 
 spector or canvasser unless he shall be, at the time of his 
 appointment, a voter in the ward containing the election 
 district for which he may be ajipointcd, nor nnless he shall 
 be able to read and write : neither shall he act as such, 
 unless he shall have taken an oath of office, and subscribed 
 the same before the clerk of the Board of Supervisors ; 
 but any inspector or district canvasser appointed on the 
 Gay of an election, as aforesaid, sliall take and subscribe 
 the oath of office before the Supervisors (or Supervisor) 
 making such appoinment. (Law of ISGO, sec. 2.) 
 
 The oath is as follows : 
 
 " I do solemnly swear (or affirm, as the case may be), 
 that I will support tlic Constitution of the United States 
 and the Constitution of the State of New York, and that 
 I will faithfully discharge the duties of the office of 
 inspector of this election according to the best of my 
 ability." 
 
 The inspectors shall appoint one of their number chair- 
 man of the Board. (Laws of 1842, sec. 2.) 
 
 The acting of any inspector elected or appointed before 
 the day of election, without having taken or subscribed 
 the oath or aflirmation aforesaid, is puuishable as a misde- 
 meanor. (Laws of 1857, sec. G.) 
 
 Two poll clerks are to 1)C appointed in each election 
 district by the Board of Police Commissioners. (Police 
 Law of 1857, sec. 28 — Laws of 1812, sec. 3.) 
 3
 
 34 
 
 The clerks shall each take the constitutional oath of office, 
 which sliall be administered by the chairman of tlie Board. 
 (Election Law, Sec. 4.) 
 
 This oath is in the form prescribed for inspectors, (as 
 a7ite p. 33) inserting clerk for inspector. 
 
 Opening' and Closing" of Polls. 
 
 The poll of each election shall tlien be opened, and 
 proclamation thereof made, and of the time when the 
 same will be closed. {Ibid. sec. 5.) 
 
 The form of this proclamation is as follows : 
 
 " Hear, ye ! hear, ye I ! hear, ye ! ! ! The poll of this 
 election is opened, and all persons attending the same are 
 strictly charged and commanded, l)y the authority and in 
 the name of the people of the State, to keep the peace 
 thereof during their attendance at this election, upon pain 
 of imprisonment. And all persons are desired to take 
 notice that the poll will be closed at sunset." 
 
 The poll in the several election districts shall be opened 
 at sunrise, and shall be kept open to the setting of the sun ; 
 and no adjournment or intermission whatever shall take 
 place until the same be closed. {Ibid., sec. 6.) 
 
 Upon the adjournment, the following proclamation is to 
 be made : 
 
 " Hear, ye ! hear, ye ! ! hear, ye ! ! ! The poll of this 
 election is closed."
 
 35 
 
 CHAPTER IV. 
 
 Manner of V^otiii;^, and Form of Ballots, in 
 the City of New York. 
 
 The electors shall vote by ballot ; and each person offer- 
 ing to vote shall deliver his ballot, so folded as to conceal 
 the contents, to one of the inspectors, in the presence of the 
 Board. (Election Law, p. 10, sec. 7.) 
 
 The ballot shall be a paper ticket, which shall contain, 
 •written or printed, or partly written and partly printed, 
 the names of the persons for whom the elector intends to 
 vote, and shall designate the office to which each person 
 so named is intended by him to be chosen ; but no ballot 
 shall contain a greater number of names of persons, as 
 designated to any office, than there are persons^to be 
 chosen at tlic election to fill such office. {Ibid., sec. 8.) 
 
 1. The names of all persons voted for by any electors 
 at any election for State officers, except judicial, are to be 
 upon one ballot. This ballot, on its face, must contain a 
 designation of the office, and the name or the names of the 
 person or persons to be voted for, or such of them aa any 
 voter may desire to vote for, and wlicn folded, must be in- 
 dorsed with, or show upon tlie outside, the words " State, 
 number two." 
 
 When received l)y the inspectors of election, it must be 
 deposited in the box marked number two. 
 
 2. The name of the person voted for by any elector, at 
 any election for member of Congress, is to be u{)on a sepa-
 
 3G 
 
 rate ballot. Tin's ballot, on its face, must contain a desig- 
 nation of the office, and the name of the person to be voted 
 for, and when folded, must be indorsed, or show on the out- 
 side, the words " Cong}-ess, number three." 
 
 When received by the inspectors of election, it must be 
 deposited in the box marked number three. 
 
 3. The name of the person to be voted for by any elector, 
 at any election for Senator, is to be upon a separate ballot. 
 This ballot must, on its face, contain a designation of the 
 office, and the name of the person to be voted for, and when 
 folded is to be indorsed, or show upon the outside, the 
 words " Senator, number four." 
 
 "When received by the inspectors of election, it must be 
 deposited in the box marked number four. 
 
 4. The name of the person voted for by any elector, at 
 any election for Member of Assembly, is to be upon a sepa- 
 rate ballot. This ballot, upon its face, must contain a 
 designation of the office, and the name of the person to be 
 voted for, and when folded, must be indorsed '^Assembly, 
 number live." 
 
 Wlien received by the inspectors of election, it must be 
 deposited in the box marked number live. 
 
 5. The names of all persons to be voted for by any 
 elector, except State and Judicial, and those to be voted 
 for on separate ballot, must be on one ballot, which, on the 
 face thereof, shall contain a designation of the office, and 
 the nain-e or names of the person or persons to be voted 
 foi-, or such of them as any voter may desire to vote for.
 
 45 
 
 OATH OP COLORED MEN. 
 
 " You do swear (or affirm) that you are of the age of 
 twenty-one years ; that for tliree years you have been a cit- 
 izen of this State ; tliat you have been an inlialjitant of tliis 
 State for one year next preceding tliis election, and during 
 that time have been, and that you are now, seized and pos- 
 sessed of a freehold estate of the value of two hundred and 
 fifty dollars, over and above all debts and encumbrances 
 charged thereon, and have been actually rated and paid a 
 tax thereon ; and that you liavebeen for the last four months 
 a resident of this county ; that you have been for the last 
 thirty days next preceding this election a resident of this 
 assembly district (or senate, or congressional district or 
 districts, ward, town, village, or city, as the case may be, 
 naming any or all of the foregoing districts, ward, town, 
 village, or city from which the officer is to be chosen, for 
 whom said person offers to vote); that you are now a res- 
 ident of tliis town (or ward, as the case may be), and of 
 the election district in which you now offer to vote ; and 
 that you have not made any bet or wager, and are not di- 
 rectly or indirectly interested in any bet or wager depend- 
 ing upon the result of this election ; and that you have not 
 voted at this election. (Laws of 1847, p. "2(35, sec. 12.) 
 
 The i)rcliminary oath must, in the first instance, Ije ad- 
 ministered, and the necessary questions put, as in the cases 
 before referred to. 
 
 4. Persons Convifted of liifanioiis Crimes. 
 
 If the person l)e challenged as convicted of an infamous 
 crime, he shall not Ijc i'C(|uirod to answer any question in 
 relation to such alleged conviction ; nor shall any proof of 
 such conviction be received, other than a duly aulhentica- 
 ted record thereof; but if any person so convicted shall
 
 46 
 
 vote at any sucli election, unless he shall have been par- 
 doned, and restored to all the rights of a citizen, he shall 
 be deemed guilty of a misdemeanor, and, on conviction, 
 shall be imprisoned in the county jail for the term of six 
 months. (Election Law, p. 12, sec. 23.) 
 
 Duties of Metropolitan Police Commissioners, 
 Police, Ballot Boxes, etc. 
 
 It shall be the duty of the Board of Police to detail, on 
 the day of any election, within the cities of New York and 
 Brooklyn, at least two patrolmen to each election poll, and 
 shall, in and for each of the said cities, appoint all poll 
 clerks, provided for by law, and shall, in and for the said 
 cities, provide ballot boxes for use at general, special, and 
 charter elections, and keep custody of the said boxes, ex- 
 cept during the taking, receiving, and counting of the votes. 
 (Laws of 1857, vol. ii., p. 212, sec. 21.) 
 
 The Board may also appoint special patrolmen, without 
 pay, during any day of public elections, from among the 
 citizens, etc. (Sec. 11, Act of lb57.) 
 
 They shall preserve order at every primary or public 
 election, (Laws of 1857, sec. 5.) 
 
 It shall be the duty of the Board to prevent any booth, 
 or box, for the distribution of tickets at any election, to be 
 erected or maintained within one hundred and fifty feet of 
 any polling place within the said districts. (Laws of 1857, 
 sec. 21.) 
 
 5. Minutes of Challeng^es. 
 
 The inspectors of election shall keep a minute of their 
 proceedings in respect to the challenging and admiuister- 
 
 ■'*'..
 
 47 
 
 ing oaths to persons offering to vote, in wliicli shall be en- 
 teretl, l>y one of them, the name of every person who shall 
 have taken the oatlis prescribed by this act, or cither of 
 them, specifying, in each case, whether the preliminary 
 oath, or the general oath, or both, were taken ; which 
 minute and statement sliall be certified by such inspectors, 
 and returned by them to the office at which their return of 
 votes given at such election is made, and at the same time, 
 and shall there be Tiled. Tiie inspectors shall also direct 
 the clerks of the polls to designate, by some appropriate 
 mark, opposite to his name, every person entered on said 
 list, who shall have taken the said oaths, or either of them. 
 (Election Law, p. 12, sec. 22.) 
 
 The first part of this section requires the keeping of a 
 minute of tlie challenged votes by the insjicctors, in the 
 manner prescribed, and is entirely new. Its directions 
 should be strictly observed. 
 
 The folloxmng is the form of the Minutes thus required, as 
 given by tJie Secretary of State (p. 4S) : 
 
 "At the general election, held in Election 
 
 District of the AVard of the city of New York, on 
 
 the Sth day of November, 1842, the following persons were 
 challenged, and respectively took the oath or oaths, as 
 stated below, to wit : 
 
 " Peter Roe, John Den, and Joel Stiles, each took the 
 
 preliminary oath ; whereupon, the challenge was, in each 
 case, willidrawn. * 
 
 " John Knox, Asa Fen, and ha Dox, each took the pre- 
 liminary and also the general oath (or affirmation, as the 
 
 case may l.)c).
 
 48 
 
 " Wc certify that tJie above is a true minute and state- 
 ment of the persons challenged, who took cither or both of 
 tiic oaths or affirmations required by law. 
 
 " Dated 8th day of November, 1842. 
 
 A. B. 1 
 
 CD. 
 E. F. 
 
 Inspectors y 
 
 In respect to the second part of the section, the Secre- 
 tary of State (p. 48) remarks : 
 
 " The Inspectors must also direct the clerks of the polls 
 to designate opposite to his name on the poll list, each 
 person who shall have taken either or both of said oaths. 
 The designation. may be by making in the left-hand margin, 
 opposite to the name, the initials P. 0. for preliminary 
 oath, and B. 0. for both oaths." 
 
 For this he gives the following form of a poll list (p. 48): 
 
 NAMES OP VOTERS, 
 
 p. 0. 
 B. 0. 
 
 A. B. 
 C. D. 
 E. F. 
 
 STATE BOX. 
 
 1 
 1 
 1 
 
 SENATE BOX, 
 
 ASSEMBLY BOX.
 
 41 
 
 After the administration of the preliminary oatli, the 
 instructions prepared by tlie Sccrciary of State (pp. 44, 
 45,) direct the inspector as follows : 
 
 "The inspectors, or one of them, is then to put to the 
 person challenged, questions on the several topics specified 
 in the fourteenth section, in the following order : 
 
 1. What is your name ? 
 
 2. Where do you reside ? 
 
 3. How long have you resided in this town or ward ? 
 
 4. What was your last place of residence before you 
 came into this town or ward ? 
 
 5. Arc you a native or naturalized citizen ? 
 
 [If the answer is that he is a naturalized citizen, then] 
 
 G. When, where, and in what court, or before what offi- 
 cer were you naturalized ? 
 
 7. Have you been a citizen of the United States ten 
 days ? 
 
 8. Are you now a resident in this ward, and of this 
 election district? 
 
 9. Did you come into this town or ward for the purpose 
 of voting at this election ? 
 
 10. How long do you contemplate residing in this town 
 or ward ? 
 
 11. Have you been for the last four months a resident of 
 tliis county?
 
 42 
 
 12. Have you l)ccn an inliabitant of tliis ward for thirty 
 days next prccedino: this election ? 
 
 13. Have you made any bet or wager, or are you inter- 
 ested, directly or indirectly, in any bet or wager, depend- 
 ing on the result of this election? 
 
 14. Have you voted at this election? 
 
 " Only one question, on each point of examination, is 
 given above, in the simplest and shortest form. But after 
 either of the questions is put and answered, if doubts exist, 
 or further explanation is necessary, the inspectors may 
 pursue the subject by putting further questions on the same 
 topic. If, for instance, to the question, ' What is your 
 name ? ' the answer should be ' John Doe,' when any rea- 
 son exists for believing this to be an assumed name, the 
 person challenged may be asked, ' Have you not lately, or 
 formerly been known by another name ?' or any other or 
 additional question or questions which are deemed expe- 
 dient." 
 
 The inspectbrs are authorized to " question the person 
 challenged in relation to his name," and " in relation to" 
 every topic embraced in the fourteenth section. The 
 general authority " to question the person challenged in 
 relation" to each topic. of examination, does not mean that 
 only one question shall be put on each. On the other 
 hand, the fair construction is, that every question " in rela- 
 tion to" each topic may be asked. 
 
 "The fourteenth section allows 'all such other ques- 
 tions as may tend to test the qualifications of the person 
 challenged as a resident of the town or ward, citizenship, 
 and right to vote at the polls.' " These questions will, of 
 course, depend upon the circumstances of each case.
 
 43 
 
 "The questions which are authorized by the 14tli sec- 
 tion seemed to be based on tiie assumption that a residence 
 in the town or ward is sufficient. This was the case under 
 the former law ; but under the present law, where a town 
 or ward has been divided into election districts, a resi- 
 dence in the election district where the poll is held, except 
 only in the case of a non-resident inspector (as to which, see 
 post), is indispensable. ■ In all cases, therefore, where there 
 is any doubt, it will be well, among other questions, to 
 put the followin<( : 
 
 " Do you now reside in this election district?" 
 
 Where the lawful age of the person cliallengcd is ques- 
 tioned, the following should be put : 
 
 " Are you now twenty-one years of age?" 
 
 And all such other questions as, under the circumstances 
 of the case shall be deemed expedient to elicit the truth 
 on each topic of examination. 
 
 If any person challenged shall refuse to take the prelim- 
 inary oath, or to answer fully any questions put to him, 
 his vote shall be rejected. (Election Law, p. II, see: 15.) 
 
 After receiving the answer of the person challenged, tiic 
 Board of Inspectors must point out to him the qualification 
 in respect to which he shall appear to them to be deficient. 
 {Ibid., sec. 16.) 
 
 2. General Oath. 
 
 If the person so offering shall persist in his claim to 
 vote, and the cliallenge shall not be withdrawn, one of the 
 inspectors shall then administer to him the following oath :
 
 44 
 
 " You do swear (or affirm, as tlie case may bo,) that you 
 have been a citizen of the United States for ten days, and 
 are now of tlie age of twenty-one years ; that you have 
 been an inlial)itant of this State for one year next preced- 
 ing this election, and for the last four months a resident 
 of this county; that you have been for thirty days next 
 preceding this election a resident of this assembly dis- 
 trict (or senate, or congressional district or districts, 
 ward, town, village, or city, as the case may be ; naming 
 any or all of the foregoing districts, ward, town, village, 
 or city, from which the officer is to be chosen, for whom 
 said person offers to vote) ; that you are now a resident 
 of this town, or ward (as the case may be), and of the 
 election district in which you now offer to vote ; and that 
 you have not made any bet or wager, and are not directly 
 or indirectly interested in any bet or wager, depending 
 upon the result of this election ; and that you have net 
 voted at this election." (Amendatory Law of 1847, p. 20, 
 sec. 11.) 
 
 If any person challenged refuses to take the " general 
 oath," his vote m'ust be rejected. {Ibid., sec. 19.) 
 
 " If," says the Secretary of State, in his instructions, p. 
 4G, "the person challenged takes the preliminary oath, 
 and answers ' fully' all questions put to him, and also takes 
 tlie ' general oath,' it is believed that the inspectors would 
 be bound to receive his ballot, even although they might 
 have strong reasons to believe that he had committed per- 
 jury. But in such case it would be their duty to cause 
 legal proceedings to be immediately instituted against 
 him for the offense." 
 
 3. Colored Persons. 
 
 If the person so offering to vote be a colored man, the 
 followino: oath shall be tendered unto him :
 
 49 
 
 CHAPTER VI. 
 
 Duties of Inspectors and Clerks of Poll, 
 Froiu the Offer oS the Vote to its Deposit iu the Box. 
 
 1.— BALLOT BOXES. 
 
 The inspectors shall keep a box, in wliich all ballots in- 
 dorsed " Slate, number tico,'^ shall be deposited ; also a box, 
 in which all ballots indorsed " Cotifrress, number three,^' 
 shall be deposited ; also a box, in which all ballots indorsed 
 '' Senator, number/our," shall be deposited ; also a box, in 
 which all ballots indorsed ^^ Assembly, number five, ^' shall be 
 deposited ; also a box, in which all ballots indorsed "Ct7y 
 and County, number ^/x," shall be deposited; also a box, 
 in w^hich all ballots indorsed " Charter, number seven,^' 
 shall be deposited ; also a box, in which all ballots indorsed 
 "Judiciary, number eight," shall be deposited ; also a box, 
 in which all ballots indorsed ''Justices, number nine," shall 
 l)e deposited ; also a box, in which all ballots indorsed 
 " School Officers, number ten," shall be deposited. Also a 
 box marked " Supervisors." (Sess. Law of 1855 ; amended 
 by Police Act of 1857, sec. '1\, and Laws of 1857, vol. ii., 
 p. 285.) 
 
 Each box shall be provided with a snfTicient lock, and 
 shall be locked before the opening of the poll, and the keys 
 thereof delivered to one of the inspectors, to be appointed 
 by the Board, and shall nol be opened durinij the election, 
 except in the manner and for the ])urposcs hereinafter 
 mentioned. (Laws of 1847, p. 260, sec. 14.) 
 
 An opening; shall Ijc made in the lid of each box, not 
 larger than shall be sufficient for a single closed ballot to 
 4
 
 50 
 
 be inserted tlicrciii at one time, tliroiigli wliicli each ballot 
 received, proper to be placed in such box, shall be inserted. 
 (Ibid., sec. 27.) 
 
 Wlien the Board shall have finally received the ballot of 
 an elector, one of the inspectors, without opening the same, 
 or permitting the same to be opened or examined, shall 
 deposit it in the box corresponding in title with the in- 
 dorsement of the ballot. {Ibid., sec. 28.) 
 
 The vote may be challenged at any time before the bal- 
 lot has been finally received ; and by sec. 31, p. 13, it is 
 made the duty of each inspector to challenge every person 
 offering' to vote, whom he shall know or suspect not to be 
 qualified as an elector. 
 
 2.— POLL LISTS. 
 
 Each clerk of the poll shall keep a poll list, which shall 
 contain one column headed "JVame^ of Vutejs," and so 
 many additional columns as there are boxes kept at the 
 election. The heading of each additional column shall 
 correspond with the name of one of the boxes so kept. 
 (Election Law, p. 13, sec. 29.) 
 
 The name of each elector voting shall be entered by 
 each clerk, in the column of his poll list headed '^ J^ames 
 of Vokrs," and when there shall be more than one box 
 kept, opposite such name shall be written the figure 1, in 
 each column of such poll list corresponding in its heading 
 with the name of a box in which a ballot of tlie elector 
 shall have been deposited. {Ibid., sec. 30.) 
 
 The form of the poll list has been given {mite, p. 48). 
 The clerks are also to assist the District Canvassei-s in the 
 canvass. (Laws of 1857, sec. 4, vol. i., pp. 596 and 598.)
 
 51 
 
 CHAPTER VII. 
 
 Power and Duty of liis;ieetors in Maiiifainiiig^ 
 
 Order. 
 
 The Board of Inspectors shall possess full authority to 
 maintain regularity and order, and to enforce obedience to 
 their lawful commands duriuir an election, after the closinjr 
 of the poll, and shall have full authority to preserve peace 
 and good order at and around the polls of the election, and 
 to keep the access thereto open and nnobstructc^^and may 
 appoint one or more electors to communicate their orders 
 and directions, and to assist in the performance of the 
 duties in this section enjoined,* (Election Law, p. 13, 
 sec. 33.) 
 
 If any person shall refuse to obey the lawful command of 
 the in,'^|)q<;tors, or, by disorderly conduct, in their presence 
 or hearing:, shall interrupt or disturb their proceedings, they 
 may make an order directing the sheriff, or any constable 
 of the county, to take the person so offending into custody, 
 and detain him until the final canvass of the votes shall have 
 been completed ; but such order shall not prohibit the per- 
 son so taken into custody from voting at such elociion. 
 {Ibid., sec . 33.) 
 
 Such order shall be executed by any sheriff or constable 
 to whom the same shall be delivered ; or, if none shall be 
 present, by any other person deputed by such Board, in 
 writing. (Ibid., p. 14, sec. 34.) 
 
 • The Act of 18,i7.h'TeiiiarU'r n'f<Tretl to, amiMuls this, andgivra to ihc 
 district cuiivasscr.s (hi; powiT formerly jiotswcttfcd by inspectors, aft-r the 
 CAiivas.« has" coinmenccil. relative to preserving peace, order. <'lc. This pro- 
 vision is given to show thejimwers of both inspectors and canvassers.
 
 52 
 
 In reference to Uicse provisions, the Secretary of State 
 has given the following' instructions (p. 4G) : 
 
 " Whenever a collection of turbulent iiuliviiluals is antic- 
 ipated around the polls, it will 1)C well for the inspectors, 
 l)articularly in the cities, on organizing themselves into a 
 Board, to a})point so many discreet electors as they may 
 deem necessary to communicate their orders and directions, 
 etc. And where such an appointment is not made at the 
 opening of the poll it should be made immediately on the 
 commencement of any serious disturbance or obstruction. 
 And the inspectors, if the disturbance is out of their sight 
 and hearing so that they can not of their own knowledge 
 identify the individuals creating the same, should cause their 
 command to the offending individual or individuals to desist 
 immediately from such disturbance or obstruction to be dis- 
 tinctly communicated by some one or more of the electors 
 appointed as above. And on complaint being made to them 
 that their command is disregarded, and on causing notice to 
 be given to the party charged that the complaint has been 
 made, so that he may, if he chooses to do so, confront and 
 cross-examine the witnesses, the inspectors may administer 
 such oath or oaths and examine such witness or witnesses 
 as arc necessary to establish the complaint ; and if the offense 
 is clearly established, they may issue the precept which fol- 
 lows, adapting it to the offense. (The authority for admin- 
 istering the necessary oath or oaths in this case will be 
 found in the Rev. Stat., 1st ed., vol. ii., p. 352, sec. 11.) 
 
 The following are the forms of the precept, as given by 
 -the Secretary of State, in his instructions (p. 47) :
 
 r)3 
 
 No. I. 
 
 Fo7-m of a precept to he issued hy the Inspectors for t'le arrest 
 and detention, unldlhc canvass of the votes, of any individual 
 who is guilty of disorderly conduct in the presence or hearing 
 of the Inspectors. 
 
 " TIic People of tlic State of New York, to the SIicrilT of 
 the city and county of New York, and to any constaldc of 
 the said county : ^ 
 
 '• AVhcreas, at the {present annual election, held in and for 
 the Election District of the 
 
 Ward, of the city of New York, James Jackson, in the 
 presence (or in the hearing) of us, the undersigned inspect- 
 ors of the said election, did by disorderly conduct, to wit 
 (by loud and boisterous noises, or by violent stamping, or 
 by assaulting John Poe and divers others, or by commenc- 
 ing a riot, or an affray with divers persons, as the case 
 may be), interrupt and disturb the proceedings of us, the 
 said inspectors, in conducting the said election ; you are, 
 therefore, hereby ordered forthwith to arrest the said 
 James Jackson, and him safely detain in custody until tiic 
 final canvass of the votes given in this election district 
 shall be completed. 
 
 " Given under our hands and seals, this 8th d.iy of 
 November, 18 ." 
 
 [This should be signed l»y at least a majority of the 
 inspectors.]
 
 54 
 
 No. 2. 
 
 Form of a precept for the arrest ay\d detention of any person 
 who " Shall refuse to obey the lawful commands of the 
 Inspector s.^^ 
 
 " The People of the State of New York, to the Sheriff 
 of the city and county of New York, and to any constable 
 of said county : 
 
 " Whereas, at tlie |)resent annual election, held in and 
 for the Election District of the Ward_ 
 
 of the city of New York, James Jackson did willfully and 
 intentionally obstruct the passage way to the poll of the 
 said election, thereby hindering and preventing- free access 
 to the said poll, in open and kno^vn violation of the com- 
 mand of us the undersigned, inspectors of tiiis election 
 previously and publicly given in his hearing ; you are, 
 therefore, hereby ordered forthv/ith to arrest the said 
 James Jackson, and him safely keep and detain in custody 
 until the final canvass of the votes given in this election 
 district shall be completed. 
 
 " Given under our hands and seals, this eighth day of 
 'November, 184 ." 
 
 [To be signed by a majority of the inspectors.] 
 
 If there is no sherifl" or constable present, the Board of 
 Inspectors may depute some other person, in writing, on 
 the back of the process, to execute the same, as follows : 
 
 " No sheriff or constable being present, we hereby de- 
 pute John Doe to serve and execute the within process.'" 
 
 [To be signed by a majority of the Board.]
 
 55 
 
 No. 3. 
 
 Powers of a Majority of i lie Inspectors, and Provisions ivhere 
 a Majority do not atttnd. 
 
 It is provided ])y tiic late Election Law, that it shall be 
 lawful lor a majority of the inspectors of any election, 
 held in pursuance of that act, to execute all the trusts and 
 duties required to 1)C executed by the inspectors of any 
 such election. (Election Law, p. -9, sec. 2.) 
 
 The persons so appointed, as provided in sec. 1, Laws of 
 18G0, shall take the constitutional oath, and continue to 
 act until a majority of the inspectors shall attend. {Ibid., 
 sec. 4.) 
 
 The last two sections provide merely for the appointment 
 (in case of the absence of a majority of the inspectors) of 
 two inspectors to act until their return. If one only be 
 absent, the remaining inspectors alone can act, and the 
 place of the absent inspector can not be supplied in this 
 way. If, however, there be a vacancy, and not a mere 
 temporary absence, it must be otherwise supplied.
 
 f)G 
 
 CHAPTER VIII. 
 
 Canvass of Votes by tJic Ooard of District 
 
 Canvassers. 
 
 On closing the polls, which must bo done at sunset, the 
 Board of District Canvassers arc required by law to pro- 
 ceed immediately to canvass the votes. 
 
 As soon as the polrof an election sliall have been finally 
 closed, the canvassers of the said election, in their several 
 districts, shall j^roceed to canvass the votes. Such canvass 
 shall be public, and shall not be adjourned or postponed 
 until it shall have been fully completed. (Election Law, 
 p. 14, sec. 35, as amended by act of 1857, ante.) 
 
 The canvass shall commence by a comparison of the poll 
 lists from the commencement, and correction of any mis- 
 takes that ma)^ be found therein. '{Ibid., sec. 36.) 
 
 Each box being opened, the ballots contained therein 
 ohall be taken out and counted unopened, except so far as 
 to ascertain that each ballot is single ; and if two or more 
 ballots shall be found so folded together as to prevent the 
 appearance of a single ballot, they shall be destroyed, if 
 the whole number of ballots exceed the whole number of 
 votes, and not otherwise. {Ibid., sec. 37.) 
 
 The question whether pasted tickets are to be considered 
 as double ballots, so as to require that destruction, although 
 it has not been judicially determined, was considered by 
 the Board of Aldermen, and decided against the right of 
 destruction. Tlie obvious meanino: of the law is to author-
 
 r.7 
 
 ize the destruction only where, from two Lallots being 
 folded together, cither by fraud or over^iirht on the part of 
 the voter, he has, in point of fact, voted twice. Ibit where 
 one ticket is so pasted over another as to show the clear 
 intention of the voter to vote but one ticket, the ballot 
 must be counted. 
 
 The provisions of the present law <]ifi'ci- a]<o Irmn the 
 former (I R. S., 188, sec. 4:}) in this, that, by the former 
 law, if two or more ballots were found so folded tofrether 
 as to present the appearance of a siiurle ballot, they were 
 absolutely required to be destroyed ; while, by the present 
 law, they are to be destroyed only " if the whole number 
 of ballots exceed tlic whole number of votes, as ascertained 
 by a comparison of the baUots with the poll lists, and not 
 otherwise." 
 
 After providini^ that no ballot, properly indorsed, Umm\ 
 in a box difterent from tliat desiirnated l»y surh indorse- 
 ment, shall be rejected, but shall be counted in the same 
 manner as if found in the box desi<rnated by such indorse- 
 ment, ])rovi(]i'd that liy coMntiMi; of such ballot oi- ballots 
 it shall not prodm-o an excess of votes ovor the number of 
 voters, as designated on the poll list (Election Law, p. 14, 
 sec. 38), the act goes on to provide, that if the ballots shall 
 be found to exceed in numlier the whole number of votes 
 on the corresponding columns of the poll list, they shall be 
 replaced in the box, and one of the canvassers shall, with- 
 out seeing the same, publicly draw out and d<'stroy so many 
 ballots, unopened, as sliall be ecjual to such excess. ( P'iil., 
 sec. 39 ; amended 1857.) 
 
 The Board sliall then jiroceed to canvass and estimate 
 the votes. {Ibid., sec. 40.)
 
 58 
 
 If, after liaviiif^ opened or canvassed the ballots, it should 
 be found tliat tlie whole numljcr of them exceeds the \vho]e 
 number of voters entered on the poll lists, the canvassers 
 shall return all the ballots into the box, and shall 
 thoroughly mingle the same, and one of the cauvAssers, to 
 be designated by the Board, shall publicly draw out of such 
 box, without seeing the ballots contained therein, so many 
 of such ballots as shall be equal to the excess, which shall 
 be forthwith destroyed. {Ibid., sec. 41, as amended 
 1857.) 
 
 The canvass shall be completed by ascertaining how 
 many ballots of the same kind, corresponding in respect 
 to the names of persons thereon, and the offices for which 
 they are designated, have been received; and the result 
 being found, the canvassers shall securely attach to a state- 
 ment of such canvass one ballot of each kind, found to 
 have been given for the officers to be chosen at such elec- 
 tion, any or either of them, except those giving for electors 
 of President and Vice-President; and they shall state in 
 words, at fidl length, inmicdiatcly opposite such ballot, and 
 written partly on such ballot, and partly on the paper to 
 which it shall be attached, the whole number of all ballots 
 that were received, which correspond with the one so at- 
 tached, so that one of each kind of the ballots received at 
 such election for the officers then to be chosen shall be 
 attached to such paper, with a statement of such canvass. 
 They shall also attach to such paper the original ballots 
 rejected by them as being defective, which were given at 
 such election. {Ibid., pp. 14, 15, sec. 42, as amended 
 1857.) 
 
 In regard to the question as to what are defective bal- 
 lots, the Secretary of State, in his instructions (pp. 50, 51,)
 
 59 
 
 observes: "All l)allots wliieli are so irregular, ainliij^tious, 
 or informal, that they can not be canvas.«ecl, arc denom- 
 inated 'defective ballots/ and must be rejected. All the 
 defective ballots which have been rejected must be at- 
 tached to the statement containing the canvass, by wafers 
 or otherwise, and returned, with the original canvass, to 
 the Board of County Canvassers. Ballots may be defect- 
 ive in various ways ; as, for example : If under the desig- 
 nation ' For Governor,' two or more names should be writ- 
 ten or printed, the ballot would be defective. If, under 
 the words ' For Member of Assembly,' or ' Coroner,' more 
 names than there are officers of the particular description 
 to be elected should be inserted, the ballot would be de- 
 fective. If names are given without a designation of the 
 offices, the ballot is defective. If several designations of 
 offices are united, as ' For Assembly and Coroners,' the 
 names attached to, or in connection with, such blended 
 designations can not be canvassed, and the ballot is defect- 
 ive. If the Christian name or surname only is given, the 
 ballot is defective; but well-known and established abbre- 
 viations of Christian names : as Wm. for William, Jno. 
 for Jolm, Al)in. for iVliraliam, etc., ought not to be deemed 
 dcrcclive, l^ecausc the nieaning is as clearly conveyed as 
 though the names had been written at full length. Where 
 a name is misspelled, if the sound is conveyed, the ballot 
 should be counted : as Jacub for Jacob, Jonson for John- 
 son, etc. AVhere there is reasonable doubt, that is, where 
 two conllicliiig constructions can be fully given to the 
 ballot, it is defective." 
 
 A question may arise whether the whole ballot ought to 
 be rejected as defective, if it should contain a greater num- 
 ber of names for any one office than thqre arc persons to be 
 chosen to fill the same? It would seem to be very obvious
 
 60 
 
 that tliat ballot sliould only bo confiiflorod as dofcctivc in 
 regard to the particular office referred to, and that the will 
 of the elector, as res})ects other officers, for which he has 
 correctly voted, should not be defeated. At the completion 
 of the canvass of each box, the chairman of the canvassers 
 shall make public oral proclamation of the whole number 
 of votes in each box, and the whole number given for each 
 person, with the name of the office to which such person 
 was named on the ballot. (Law of 1855, as amended 1857.) 
 
 The statements to be made by the canvassers shall con- 
 tain a caption, stating the day on which, and tlie number of 
 the district, tlie ward, and the county at Avhicli, the election 
 was held, in relation to which such statement shall be made ; 
 it sliall aL:o contain a statement showing the whole number 
 of ballots taken for each person, designating tlie office for 
 which they are given, which statement shall be written in 
 words at length, and at tlie end thereof, a certificate that 
 sucli statement is correct in all respects, which certificate 
 shall be subscribed by the canvassers. {Ibid., sec. 44, as 
 amended 1857.) 
 
 The forms of the election returns will 1)C furnished by the 
 clerk of the' county to the canvassers of the several districts. 
 (As amended 1857.) 
 
 After the returns have been made out and signed by the 
 canvassers of the several districts, it is provided by an or- 
 dinance, passed by the Common Council and approved by 
 the Mayor on the 7th September, 1842 (pursuant to an act 
 in relation to elections in the city of Now York, passed 
 April 8, 1842), that the chairman of each election district, 
 who is appointed by the canvassers of election of such dis-
 
 61 
 
 trict at llie opciiiooj of tlic poll, .-luill cause a true return of 
 the votes given for each person voted for in his district, to 
 be fdcd* with the county clerk, according to law, certiried 
 by the canvassers of said election ilistrict, as ajucnded by 
 
 the act of 1857. 
 
 The amended charter of 1S57, hcclion 5o, provides that 
 the returns, at all charter elections, shall "be filed by the dis- 
 trict canvassers in the several districts, with tlie clerk of 
 the Common Council, witliin twenty-four hours after the 
 l)olls are closed. 
 
 It is also required by the Election Law, that the poll list 
 kept at such election shall be liled by the canvassers, or one 
 of them, in tlie office of the clerk of the' city and county iji 
 which such election was held, and shall there be preserved. 
 {Ihid., sec. 4G, amended 1857.) 
 
 Tiic remaining ballots, not so posted or attached, shall 
 be destroyed ; and the Board of Canvassers shall be dis- 
 solved. {Ibid., sec. -17. amended act, 1857.) 
 
 To Ciiiivassurs of EJoctioii. 
 
 To Canvassers of the Election to l)C held on Tuesday, J\oi'- 
 emher 8, 1804. — At a meeting of the Board of Supervis- 
 ors the following resolution and instructions, i)resented by 
 Supervisor Piirdy, were unanimously adoptetl : 
 
 Resolved, That the county of New York be and i.s liereljy 
 divitled for tiie next election into twelve return districts, 
 as follows : 
 
 • The returns of the Novcmlwr eleclioii ar.* to l>c' fiU-d in the otBcc of the 
 county clerk, ami rcturng of Ihc DuccmlMT diction with Ihc clrrk of iho 
 
 Cominon Cuuncil.
 
 62 
 
 First District, composed of the First, Second, and Third 
 Wards. 
 
 Second District, coraposed of the Fourth and Sixth 
 "Wards. 
 
 Third District, composed of the Seventh and Thirteenth 
 Wards. 
 
 Fourth District, composed of the Fifth, Ninth, and Tenth 
 Wards. 
 
 Fifth District, composed of the Eleventh and Seven- 
 teenth Wards. 
 
 Sixth District, composed of tlie Eighth and Fourteenth 
 Wards, 
 
 Seventii District, composed of the Fifteenth «Ward. 
 
 Eiglitli District, composed of the Sixteenth and Twen- 
 tieth Wards, 
 
 Ninth District, composed of the Eighteenth Ward. 
 
 Tcntli District, composed of tlic T\vent3^-rirst Ward. 
 
 Eleventh District, composed of the Nineteenth Ward. 
 
 Twelfth District, composed of the Twelfth and Twenty- 
 second Wards. 
 
 And that the Chairman of each Board of Canvassers of 
 the several election districts, in each return district, shall 
 return tlie original statements, together with a cop}' of the 
 poll list, at the general election to be held in November, 
 and deliver the same to the Supervisor who is herein desig- 
 nated for receiving the same.
 
 63 
 
 Supervisor Shook is IicrcV)y designated to receive tlic 
 oriiriiial returns from the canvassers of the First Return 
 District, at No. 7 City Hall. 
 
 Supervisor Roche is hereby designated to receive the 
 original returns from the canvassers of the Second Return 
 District, at No. 51 1 Pearl Street. 
 
 Supervisor Tweed is hereby designated to receive the 
 original returns from the canvassers of the Third Return 
 District, at No. 237 Broadway. 
 
 Supervisor Piirdy is hereby designated to receive the 
 original returns from the canvassers of the Fourth Return 
 District, at No. 7 City Ilall. 
 
 Supervisor Little is hereby designated to receive the 
 original returns fron the canvassers of the Fifth Return 
 District, at No. 48 East Eleventh Street. 
 
 Supervisor Smith is hereby designated to receive the 
 original returns from the canvassers of the Sixth Return 
 District, at No. 7 City Hall. 
 
 Supervisor Rlunt is hereby designated to receive the 
 original returns from the canva.ssers of the Seventh Return 
 District, at No. 118 Ninth Street. 
 
 Supervisor Stewart is herHy designated to receive the 
 original returns from the canvassers of the Eighth Ivcturn 
 District, at No. 113 West Thirty-third Street. 
 
 Supervisor Briggs is hereby designated to receive the 
 original returns from the canvassers of the Ninth Return 
 District, at No. 7 City Hall.
 
 G4 
 
 Supervisor l^]Iy is hereby dcsignatctl to receive tlie 
 original returns from the canvassers of the Tenth Return 
 District, at No. 101 Gold Street 
 
 Supervisor Conner is ]ierel)y designated to receive the 
 original returns from the canvassers of tlie Eleventh Return 
 District, at the corner of Reade and Centre Streets. 
 
 Supervisor Davis is hereby designated to receive the 
 original returns from the canvassers of the Twelfth Return 
 District, at No. 7 City Hall. 
 
 Henry W. Genet, 
 
 County Clerk. 
 
 A true copy of the several statements made by the can- 
 vassers sliall be made and certified by them, and imme- 
 diately filed liy them in the office of the clerk of the city 
 and county. {Ibid., p. 15, sec. 45, amended 1857.) 
 
 The poll lists kept at such elections shall be filed by the 
 canvassers, or -one of them, in the office of the clerk of tlie 
 city and county in which such election was lield, and shall 
 be there preserved. {Ibid., sec. 46, amended 1857.) 
 
 If, at a meeting of the county canvassers, it shall ap- 
 pear that the notes of any one of the election districts have 
 been lost, or for any reason(J|iall not be returned by the 
 chairman of such election district, the county canvassers 
 must proceed and canvass, and return the votes from the 
 other districts. This question was settled by the Supreme 
 Court, in the matter of the New York charter election of 
 1842 ; where it was contended that the loss of the votes of 
 one of the four districts into which the Sixth Ward was
 
 G5 
 
 divided, defeated tlic election in that ward. The follow- 
 inir was the 0|iiiiion ofihe Supreme Coiiit iii)On that point, 
 which was iiiiaiiimoti.sly aOinucd by tlic Court for the Cor- 
 rection of Ei-i'ors : 
 
 "The loss of tlic vote in one of the four districts into 
 which the Sixth Ward was divided did not defeat the 
 election in that ward. If the votes of tlie First District arc 
 to he considcrcil as wholly out of the question, in conse- 
 quence of the riotous proceedings which drove the inspect- 
 ors from the room where thcv were canvassinfr, the result 
 of the election must then be determined from the votes in 
 the Uii'cc remaining districts."
 
 66 
 
 CHAPTER IX. 
 City Canvassers. 
 
 The amended charter of 1857, laws of 1857, page 894, 
 section 53, provides that all the provisions of law upw in 
 force, in regard to the notification, duration, conduct of 
 election, and canvassing of votes at general election, shall 
 apply to the first election provided for herein, and to each 
 annual election of charter officers, except that the returns 
 of all elections provided for by tliis act shall be filed by the 
 district canvassers in the several districts, with the clerk 
 of the Common Council, within twenty-four hours after the 
 polls are closed ; and the said returns shall be canvassed 
 by the Board of Aldermen, sitting as a Board of City Can- 
 vassers. The clerk of the Common Council shall be clerk 
 to the said Board of City Canvassers, and the said Board 
 shall meet on the Thursday succeeding such election, and 
 shall, within ten days thereafter, wholly complete such can- 
 vass, and file within the same time duplicate statements of 
 the result in the respective offices of the Clerk of the Com- 
 jnon Council and County Qjlerk.
 
 C7 
 
 CHAPTER X. 
 
 Board of County Canvassers and their I'ro- 
 eeediii^s. 
 
 The Board of County Canvas.'scrs consists of tlin Super- 
 visors, to wlioni the original canvass is delivered by tiie 
 several district canvassers, as prescribed in the following 
 provisions :* 
 
 The Supervisors, to whom the original statements of tlio 
 canvass of votes, in towns or wards to which they respect- 
 ively belong shall have been delivered, shall form the 
 Board of County Canvassers. (Election Law, p. 27, 
 sec. 1.) 
 
 They shall meet at the office of the clerk of the county, 
 on the Tuesday next following tlie election, before one 
 o'clock in the afternoon of that day, and shall choose one 
 of their number as chairman. {Ibid., sec. 2.) 
 
 (The forms, in compliance with the above provisions, are 
 furnished by the clerk of the county.) 
 
 The clerk of the county, or, in his absence, his deputy, 
 shall be secretary of the Board. {Ibid., sec. 3.) 
 
 The chairman shall then administer the constitutional 
 oath to each member of the Board, and the same oath 
 shall be administered to him by the secretary. {Ibid., 
 sec. 4v) 
 
 • The Siipervi5or8 attending as mcmbcru of Ihe Board of County Can- 
 vassera t>liall itot nceivc compensation for a greater p<iiiMl th in ton daji 
 for canvairsing the votes of any cltclion. (Laws of 18j7, vol. ii., 286.)
 
 fi8 
 
 Tlio foi-m of tlic oath is tlic ?fiine as in llic case of an 
 iiii-pcctor {anic, p. 3:5), substituting^ tlic words " County 
 Canvasser of llie city and county of New York," for the 
 words " lns|)ector of this Election." 
 
 The original statements of the canvass in each district 
 sliall then be produced, and fi-oin thetn the Board shall 
 proceed to estimate the votes of the county, and sliall make 
 such statements thereof as the nature of the election shall 
 require; such statement shall then be delivered to, and 
 deposited with, the county clerk. (Election Law, p. 16 
 sec. 6.) 
 
 They shall make a separate statement containing the 
 whole number of votes given in such county for the ofiGce 
 of Governor, Lieutenant-Governor, Judge of the Court of 
 Appeals, Justice of the Supreme Court, Clerk of the Court 
 of Appeals, Secretary of State, Comptroller, Treasurer, 
 x\ttorney-General, State Engineer and Surveyor, Canal 
 Commissioner, Inspector of State Prisons, Senator in each 
 district, or any or either of them : the name of the per- 
 sons for which such votes were given, and the number of 
 votes given for each ; another of tlie votes given for all 
 county officers, any or either of them ; anotiier of the votes 
 given for Member of Assembly, in each Assembly District : 
 and another of the votes given for Electors of President, 
 and Vice-President ; and another of the votes given for 
 any proposed amendment of the Constitution. (Laws of 
 1847. p. 2ii6.) 
 
 \\\ such statement, the whole number of votes given in 
 each town and district, the names of the candidates, and 
 the number of votes given to each, shall be written out in 
 words at full length. (Laws of 1842, p. 17, sec. 8.)
 
 69 
 
 Eacli statement sliall l>c certified as correct, and at- 
 tested by the signatures of tlic chairman and secretary of 
 the Board ; and a copy of each, thus certified and attested, 
 shall be delivered to the county clerk, to be recordi-'d in 
 liis ofiicc. (Ibid., sec. 9.) 
 
 Upon the statement of voles given for members of 
 Assembly and county officers, the Board shall proceed to 
 dcteriitinc what person or persons have, by the greatest 
 number of votes, been duly elected to each of the offices 
 mentioned in each statement. {Ibid., sec. 10.) 
 
 The Board shall cause a copy of every such determina- 
 tion, and of the statement upon \vhi<;h it shall be made, to 
 be published in one or nunc of the ne\vsi)a[)Cr.s printed in 
 the county. (Mid., sec. 11.) 
 
 If any one of the canvassers a|)pointed to attend the 
 county canvass shall bo unable to attend the meeting of 
 the Board on the day appointed for such meeting, he shall, 
 on or before that day, cause to be delivered, at the office 
 of the county clerk, the original statement of the votes of 
 his town or ward. (Ibid., sec. 12.) 
 
 If, on that day, a majority of the county canvassers shall 
 not attend, or the statements of the votes from every dis- 
 trict in the county shall not be produced, the canvassers 
 then present shall adjourn to some convenient hour of the 
 next day. {Ibid., sec. 13.) 
 
 At that hour they shall again meet, and the canvas.scrs 
 tlien attending, although less than a majority of the whole, 
 shall oiganize ihemselves as a Board ; and, n|)OM the state- 
 ment, or certified copies thereof, then produced, shall pro-
 
 70 
 
 cecd to estimate, state, and certify the votes of the county 
 in the manner before directed. {Ibid., sec. 14.) 
 
 If, upon proceeding to canvass tiie votes, it shall clearly 
 appear to the canvassers that in any statement produced 
 to them, certain matters are omitted in sucli statement, 
 which should have been inserted ; or that any mistakes, 
 which are clerical merely, exist, tliey shall cause the state- 
 ment to be sent by one of their number (whom they shall 
 depute for that purpose) to the district canvassers from 
 whom they were received, to have the same corrected ; 
 and the said canvasser so deputed shall immediately' pro- 
 ceed and give notice to the said district canvassers, whose 
 duty it shall be forthwith to assemble together, and make 
 such correction as the facts of the case require ; but such 
 district canvassers shall not, at any such meeting, change 
 or alter any decision before made by them, but shall only 
 cause their canvass to be correctly stated ; and the Board 
 of County Canvassers are authorized to adjourn from day 
 to day for the purpose of obtaining and receiving such 
 statement, such adjournment not to extend beyond three 
 days. {Ibid., pp. 17, 18, sec. 15.) 
 
 For the purpose of enabling the county canvassers to 
 make their canvass, the county clerk shall deliver to the 
 Board of County Canvassers all the certified statements 
 of the votes taken in each town or ward at the next pre- 
 ceding election, that shall have been received at his office. 
 {Ibid., p. 18, sec. 16.) 
 
 If, on the day appointed for the meeting of the Board of 
 County Canvassers, the Board shall not have been organ- 
 ized, owing to a deficient return of the votes of the county, 
 the county clerk shall, by a special messenger or other-
 
 71 
 
 wise, obtain necessary statements or certified copies there- 
 of, in time to be produced to the Board at their next meet- 
 ing. (Ibid., sec. 17.) 
 
 Tlie Board of County Canvassers, in addition to the 
 powers above specified, arc invested l)y law with the power 
 to order special elections, in case any one or more mem- 
 bers of Assembly, or county officers, viz., Sheriff, County 
 Clerk, Coroner, or Re<^ster, shall not have been chosen 
 by reason of two or more candidates having received an 
 equal number of votes for the same office. (Election Law, 
 p. 2, sec. 6, subd. 1 ; and p. 3, sec. 10.) 
 
 In reference to such special election, it is provided, that 
 when a special election shall be necessary, in the case of an 
 equality of votes provided for in the second title of the 
 act, the Board of Canvassers, having power to determine 
 on the election of the officer omitted to be chosen, shall, 
 without delay, direct and cause to be delivered to the 
 sheriff, clerk, or first judge of each county in the district, 
 or of the county in which such election is to be held, a no- 
 tice specifying the officer to be chosen, the tinie for which 
 lie is to be chosen, and the day on which such election is 
 to be held ; which day shall not be less than twenty, nor 
 more than forty days from the date of such notice. {Ibid., 
 p. 5, sec. 9.) 
 
 And the notice of such an election, if ordered by the 
 County Canvassers, shall be signed by the chairman and 
 clerk of the Board. (Ibid., sec. 7.) 
 
 NoTK.— TLis Buttrd dwa not cauvoss rcluru? for cbarter elcclionR.
 
 72 
 
 CHAPTER XL 
 Penalties. 
 
 It is not within tlie scope of this siimmary to consider 
 tlie various provisions of the statute defining or providing 
 for the punisliraent of offenses against the purity of elec- 
 tions, and which are contained in the seventh title of the 
 late act, [)p. 26, '18. There are tliree sections, however, 
 which it is proper to notice. The third section of tliat title 
 provides, that if any officer on wiioni any duty is enjoined 
 in tiiat act, or in any statute I'clating to elections, shall be 
 guilty of any willful neglect of such duty, or of any cor- 
 rupt conduct in the execution of the same, and he thereof 
 convicted he shall be deemed guilty of a misdemeanor, pun- 
 ishable by fine or imprisonment ; the fine in no case to ex- 
 ceed the sum of five hundred dollars, nor the imprisonment 
 for the term of one year. {Ibid., p. 2G, sec. 3.) 
 
 The ninth section of the same title provides, th.at if any 
 person shall willfully disobey any lawful commands of the 
 Board of Inspectors of any 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 obstruc- 
 tion or delay, he shall, on conviction, be adjudged guilty 
 of a misdemeanor, and be fined in a sum not exceeding two 
 hundred and (ifty dollars, and may be imprisoned, in the 
 discretion of the court, for not more than six months. 
 (Ibid., p. 27, sec. 9.) ' 
 
 By the 14th section of the same title it is made the duty
 
 78 
 
 of every inspector of elections, slierlffs, constables, and 
 justices of tlic peace within tliis State, knowinu^ that an 
 offense has been conunittod nn<ler this act, or having; L'ood 
 reason to liclievo that an offense has been committed, to 
 give information thereof to tiie District Attorney of the 
 county in which the offense shall have been coniinittcd, 
 whose duty it shall be to adopt effectual measures for llio 
 punishment of persons violating the provisions of this act. 
 {Ibid., sec. 14.) 
 
 It is unlawful f(jr any j)er?on to keep or dispose of any 
 intoxicating liquoi's upon any day of public election within 
 the Metropolitan Police District. 
 
 The penalty for each offense is fifty dollars, to be pued 
 for and recovered in the name of the people of the Slate 
 of New York, by the District Attorney of the county 
 wherein the offense is connnitted, for the benefit of the 
 Police Contingent Fund. (Laws of 1857, sec. 21.) 
 
 It shall be a misdemeanor, piwushablo by imprisonment 
 in the county jail or ])enitentiary, if there be a penitentiary 
 in the county where the conviction is had. not less than one 
 year, nor exceeding two years ; or by a fine not less than 
 two hundred and fifiy dollars, for any i)crs()n, without 
 justilialilo or excusal>lc cause, to use jjcrsonal violcnci^ upon 
 any elector in the Mctrojiolitan Police District, or upon 
 any member of the police thereof, when in the di.*<charge of 
 his duty, or for any snch member to neglect making any 
 arrest for an offense against the law of the State, commit- 
 ted in his presence, or for any person' not a member of tho 
 police force to fal.sely re|)rescnt himself as being such mem- 
 ber, with a fraudulent dc.-ium. (Laws of 183/, scc. 1:-.)
 
 CHAPTER XII. 
 Ballot-Boxes for the General Election. 
 
 Thr Ballot-Boxes for the election to be held on the 
 Tuesday succeeding the first Monday of November, 18G4, 
 will be seven. 
 
 They are marked as follows : 
 President No. 1. 
 
 State No. 2. 
 
 Congress No. 3. 
 
 Assembly - - No. 5. 
 
 City and County No. 6. 
 
 Judiciary No. 8. 
 
 Supervisor 
 
 Uallot- Boxes for the Charter Election. 
 
 The ballot-boxes for the Charter Election to be held on 
 the first Tuesday in December, 1864, will be two : 
 
 Charter No. 7. 
 
 School Officers - - - No. 10. 
 
 The poll lists are printed and numbered accordingly. 
 The heading of these lists by numbers, as well as by the 
 indorsements on the several tickets, will obviate many 
 difficulties. 
 
 Note. — The ballot-boxes are to be furaished by the Metropolitaa Police 
 Commissioners.
 
 75 
 
 Lacli poll list is therefore prepared as follows : 
 
 Poll List, kept by the Clerks of the Election District 
 
 for the Ward, fur the Election held the eighth day 
 
 of JVovember, Ji.D. 1«04. 
 
 "3 
 O 
 
 t 
 
 E 
 
 "A 
 
 B 
 
 S 
 
 No. 1. 
 
 No. Si. 
 
 'to 
 
 § 
 No. 3. 
 
 ' 
 
 a 
 
 ? Assembly. 
 
 ? City & County. 
 
 a 
 
 ? Judiciary. 
 
 > 
 
 3 
 CO 
 
 
 
 
 1 
 
 1 
 
 
 
 1 
 
 
 1 
 
 
 
 
 
 
 1 
 
 
 — 
 
 1 
 
 
 1 
 
 1 
 
 
 
 
 1 
 
 
 
 1 
 
 
 1 
 
 
 FORM OF n.VLLOT. 
 
 No. 1. The words " President, miiiibcr one," to be indorsed 
 on the outside of this IniUot, when folded. 
 
 For Electors of President and Vice-President 
 of the United States. 
 (Tliirty-thire names.) 
 
 No. 2. "Words " State, nnrjihor two," to he indorsed on the 
 outside of this ballot, when folded.
 
 76 
 
 For Governor, • 
 
 (One Name.) 
 
 For Lieutenant-Governor, 
 (One Name.) 
 
 For Canal Commissioner, 
 (One Name.) 
 
 For Inspector of State Prisons, 
 (One Name.) 
 
 No. 3. The words "Congress, number tliree," to be in- 
 dorsed on the outside of this ballot, when folded. 
 
 For Representative in Congress, 
 (One Name.) 
 
 No. 5. The word "Jlssemhly, number five," to be indorsed 
 on the outside of this ballot, when folded. 
 
 For j\[ember of Assembly, 
 (One Name.) 
 
 No. 6. The words "Citi/ and Count}/, number six," to be 
 indorsed on the outside of this ballot, when folded. 
 
 For Sheriff of the City and County of New York, 
 (One Name.) 
 
 For District Attorney, 
 (One Name.) 
 
 For Clerk of the City and County of New York, 
 (One Name.)
 
 77 
 
 For Coroners in the City and County of Xc\v York, 
 (Four Names.) 
 
 No. 8. Tlic words '\Judiciary, nuinlier eiirlit," to be in- 
 dorsed on tlic outride of ilii.s ballot, when folded. 
 
 For City Jiidcro, 
 (One Name.) 
 
 No. 11. The word ''Supervisnr^^ to bo indorsed on llie out- 
 side of Lliis ballot, when folded. 
 
 For Supervisor, 
 (One Name.) 
 
 Poll List kept by the Clerks of the Election District 
 
 of the Ward, for the Election held 
 
 the day of December, Jl. D. 1804. 
 
 
 
 
 • 
 
 en 
 
 
 
 
 
 t. 
 
 
 
 
 
 o 
 
 
 
 
 
 o 
 
 
 
 
 c 
 
 Q 
 
 
 
 
 
 
 Oaths. 
 
 Names. 
 
 Residence. 
 
 No. 7. 
 
 o 
 c 
 
 o 
 
 CO 
 
 No. 10. 
 
 . 
 
 
 
 1 
 1 
 i 
 1 
 
 
 
 
 
 
 
 
 

 
 78 
 
 AN ACT, relative to Common Schools in the City of J^ew 
 
 York, 
 
 Paesed April twenty-fifth, one thousand eight hundred and sixfy-four ; three- 
 fifths being present. 
 
 The People of the State of JSTew York, represented in Senate 
 and Assembly, do enact as follows : 
 
 Section 1. Tlie city of New York is hereby divided into 
 seven school districts, as follows : 
 
 First District— First, Second, Third, Fourth, Fifth, Sixth, 
 and Eighth Wards. 
 
 Second District — Seventh, Tenth, Thirteenth, and Four- 
 teenth Wards. 
 
 Third District — Ninth and Sixteenth Wards. 
 
 Fourth District — Eleventh and Seventeenth Wards. 
 
 Fifth District— Fifteenth and Eighteenth Wards. 
 
 Sixth District — Twentieth and Twenty-first Wards. 
 
 Seventh District — Twelfth, Nineteenth, and Twenty- 
 second Wards. 
 
 § 2. At every charter election in the said city there 
 shall be elected, in each scliool district, one commissioner 
 of common schools, who shall take office on the first day 
 of January next after his election, and hold office for the 
 term of three years ; and there shall also be elected, in each 
 ward, one trustee of common schools, who shall take office 
 on the first day of January next after his election, and hold 
 office for the term of five years ; and no school officer shall 
 hereafter be elected or appointed in said city, except as 
 provided by tliis act, and no person shall at the same time 
 hold more than one school office.
 
 79 
 
 No. 8. The words " Charter, number seven," to be in- 
 dorsed on the outside of this ballot when folded. 
 
 For Alderman of the Aldermanic District, 
 
 (One Name.) 
 
 For Councilracn for the Senatorial District, 
 
 (Six Names.) 
 
 No. 10. The words ^'School Officers, number ten," to be 
 indorsed on the outside of this ballot when folded. 
 
 For Commissioner of Common Schools of School 
 
 District, 
 (One Name.) 
 
 For Trustee of Common Schools of Ward, 
 
 (One Name.) 
 
 In case of an election to fill a vacancy in the oCQce of 
 Commissioner, or Trustee of Common Schools, the person 
 voted for to fill the vacancy must be designated on the 
 ballot by the words " to fill a vacancy,'^ written or jirinted 
 over his name, and must be so designated in the returns. 
 
 Order of Cauva!<>8iiig^ Votes and Oral Procla- 
 mation thereof. 
 
 Laws of 1855. Chap. 513, Si-:c. 3.— All ballots shall 
 hereafter, in all tiie election districts of this Slate, be can- 
 vassed in the following order, as far as number five inclu-
 
 80 
 
 f^ivc, and in Uic city of New York, tlirongU the entire 
 li^t: 
 
 I. Electors of President and Vice-President. 
 II. State Officers, other than Judiciary. 
 
 III. Members of Congress. 
 
 IV. State Senators. 
 
 V. Members of Assembly. 
 
 VI. City and County Officers. 
 
 VII. Charter. 
 
 VIII. Judiciary. 
 
 IX. Police Justices. 
 
 X. School Officers. 
 
 At the completion of the canvass of each box, the Chair- 
 man of the Canvassers of Election shall make public oral 
 proclamation of the whole number given for each j)erson, 
 with the name of the office to which such person was 
 named on the ballots. (Laws of 1855, p. 949, sec. 3 ; as 
 amended 1857. Laws of 1857, vol. p. 596.)
 
 --=f- 
 
 SPECIAL NOTIC 
 
 V 
 
 CANVASSERS OF ELECTM. 
 
 EETURNS OF THE NOVEMBER ELECTION, 
 
 / s ^-^^ 
 
 Must be filed forthwith — one copy of Return and Poll 
 List at the County Clerk's Office, and also one copy 
 served on th^e-, Supervi'sor appointed to receive the 
 Returns of the District. > 
 
 i 
 
 \ 
 
 
 Returns of December Election, with Foil list, 
 
 Are to be filed with Clerk of Common Council, and 
 Alderman of the District immediately upon completion 
 of the Canvass. - -^ 
 
 / / 
 
 ^^ 
 
 TME li«h:ikx 
 
 tfNIVERSITY OF GALiFORM«^ 
 LOS ANGCLES
 
 L 006 339 409 2 
 
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