52. Every person, who
shall promise, offer, or give,
or cause, or aid, or abet, in
causing to be promised, offered,
or given, or furnish, or agree
to furnish, in whole or in part,
to be promised, offered, or
given to any member of the
Common Council, or any officer
of the Corporation, after his
election as such member, or
before, or after he shall have
qualified and taken his seat,
any moneys, goods, right in
action, or other property, or
anything of value, or any
pecuniary advantage, present and
prospective, with intent to
influence his vote, opinion,
judgment, or action, on any
question, matter, cause, or
proceeding, which may be then
pending, or may, by law. be
brought before him, in his
official capacity, shall, upon
conviction, be imprisoned in a
penitentiary for a term not
exceeding two years, or shall be
fined not exceeding five
thousand dollars, or both, in
the discretion of the Court.
Every officer in this section
enumerated, who shall accept any
such gift, or promise, or
undertaking, to make the same,
under any agreement or
undertaking, that his vote,
opinion, judgment or action,
shall be influenced thereby, or
shall be given in any particular
manner, or upon any particular
side of any question, matter,
cause, or proceeding then
pending, or which may by law be
brought before him, in his
official capacity, shall, upon
conviction, be disqualified from
holding any public office,
trust, or appointment, under the
charter of the city of New York,
and shall forfeit his office,
and shall be punished by
imprisonment, in the
penitentiary, not exceeding two
years, or by a fine not
exceeding five thousand dollars,
or both, in the discretion of
the Court. Every person
offending against either of the
provisions of this section shall
be a competent witness against
any other person offending in
the same transaction, and may be
compelled to appear and give
evidence before any grand jury,
or in any court, in the same
manner as other persons; but the
testimony so given shall not be
need in any prosecution or
proceeding, civil or criminal,
against the person so
testifying.
53. The annual election
for charter officers, school
officers, and Governors of the
Almshouse, after the year
eighteen hundred and flfty-seven,
shall be held on the first
Tuesday in December, and the
officers elected at the first
election, as hereinbefore
provided, and in each year
thereafter, shall take office on
the first Monday of January next
succeeding. All the provisions
of law now in force in regard to
the notification, duration,
conduct of election, and
canvassing of votes at general
elections, 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
this 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
Canvassers. 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
canvass, and file, within the
same time, duplicate statements
of the result in the respective
offices of the Clerk of the
Common Council and County Clerk.
The Clerk of the Common Council,
within five days succeeding the
filing of the said statement,
shall give to each person
declared elected a certificate
thereof.
54. The act to amend the
charter of the city of New York,
passed April seventh, eighteen
hundred and thirty, and the act
to amend the charter of the city
of New York, passed April
second, eighteen hundred and
forty-nine, and the act to amend
an act entitled an act to amend
the charter of the city of New
York, passed April second,
eighteen hundred and forty-nine,
passed July eleventh, eighteen
hundred and fifty-one ; and the
net further to amend the charter
of the city of New York, passed
April twelfth, eighteen hundred
and fifty-three ; and the act
supplementary to an act entitled
an act further to amend the
charter of the city of Now York,
passed April twelfth, eighteen
hundred and fifty-three, passed
June fourteenth, eighteen
hundred and fifty-three, arc
hereby repealed; and all laws
inconsistent with this act are
also hereby repealed : but the
charters of the city of New
York, known as the Dongan and
Montgomerie charters, so far as
the same, or either of them, are
now in force, shall continue and
remain in full force, and shall
not be construed as repealed,
modified, or in any manner
affected thereby. This section
shall not prejudice or affect
any right accrued, or proceeding
commenced, before this act takes
effect.
55. This act shall take
effect on the first day of May,
one thousand eight hundred and
fifty-seven.
STATE or 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 the said original law.
(L.S.) Given under my hand and seal of office, at the city of
Albany, the twentieth day of
April, in the year one thousand
eight hundred and fifty-seven.
N. P. STANTON,
Dep. Sec.
of State.
