An Act to Amend the Charter of the City of New York 1857 Part V
 

 
 

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.

 

Website: The History Box.com
Article Name: An Act to Amend the Charter of the City of New York 1857 Pt V
Researcher/Transcriber Miriam Medina

Source:

BIBLIOGRAPHY: Valentine's Manual 1865
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