all votes so cast upon any proposed constitutional amendment or other proposition or question, and all the votes so cast in favor of and against the same respectively. In the city of New York, the board shall make no statement of the votes cast within a county therein for any candidate for the office of member of assembly, state senator or representative in congress voted for also in a county outside of such city.

Such statements shall be certified as correct over the signatures of the members of the board, or a majority of them, and such statements, together with any tabulation sheets showing the vote by election districts from which such statements were made, shall be filed in the office of the board of elections. The separate statements relating to United States senator to fill a vacancy and to electors of president and vice-president shall be so filed immediately upon the making, signing and certification thereof. To facilitate its work, the board of elections may cause copies of such tabulation sheets to be printed in pamphlet form. Statements of the canvass as made by inspectors and used by the canvassing board shall be returned to the officer or board from whom or which they were received. The secretary of the canvassing board shall file a report of the canvass with the board of supervisors, except in the city of New York.

§ 3. Section two hundred and seventy-six of such chapter, as 276 amended by chapter five hundred and twenty-six of the laws of amended. nineteen hundred twenty-seven, is hereby amended to read as follows:

§ 276. Transmission of statements of canvassing boards to secretary of state. The board of elections shall transmit by mail to the secretary of state and attorney-general each a certified copy of the statement of the canvassing board relating to the offices of electors of president and vice-president of the United States, United States senator, representatives in congress and state offices, except member of assembly, and as to the votes cast on any proposed constitutional amendment or other question submitted to all the voters of the state, within five days after the filing of such statements in the office of the board, and shall so transmit certified copies of any statement relating to the office of United States senator, when the election is to fill a vacancy, or relating to the offices of electors of president and vice-president of the United States, immediately after such filing. The attorney-general, forthwith upon the receipt thereof, shall deliver such copy to the secretary of state. If any certified copy shall not be received by the secretary of state on or before the first day of the last week of November next following a general election, or within twenty days after a special election, he shall dispatch a special messenger to obtain such certified copy, and the board of elections, immediately upon demand of such messenger at its office, shall make and deliver a certified copy to such messenger who shall deliver it forthwith to the secretary of state.

§ 277, subd. 2, amended.

Canvass by state board of

The board of elections shall transmit to the secretary of state within twenty days after a general election, and within ten days after a special election, a list of the names and residences of all persons determined by the canvassing board to be elected member of assembly or to any county office, and on or before the tenth day of December following an election of governor, a certified tabulated statement, by election districts, of the official canvass of the votes cast for candidates for governor, to include, in the case of a candidate who was nominated by two or more parties or independent bodies, a separate statement of the number of votes cast for him as the candidate of each party or independent body by which he was nominated.

§ 4. Subdivision two of section two hundred and seventy-seven of such chapter, as amended by chapter five hundred and twentysix of the laws of nineteen hundred twenty-seven, is hereby amended to read as follows:

2. The state board of canvassers shall canvass the certified copies of the statements of the county board of canvassers of each county. canvassers. They shall canvass first the statements, if any, for the offices of electors of president and vice-president and next the statements, if any, for the office of United States senator to fill a vacancy. Three members of the board shall constitute a quorum. The chairman of the board shall call a meeting of the board at the office of the department of state, on or before the fifteenth day, or, in a year when electors of president and vice-president are chosen on or before the first Monday after the first Wednesday, of December next after each general election, and within forty days after each special election, to canvass such statements. If the office of attorneygeneral be vacant, or he be under disability, such meeting shall be called by the secretary of state. If for any reason, including among others a failure of the temporary president of the senate or speaker of the assembly to make the temporary appointments provided for in subdivision one, or the failure of such temporary appointees to attend, three members of the board shall not attend on a day appointed for a meeting of the board, the secretary of state shall notify the mayor and recorder of the city of Albany to attend such meeting and they shall attend accordingly and shall with the other such officers attending, constitute such board. The board may adjourn from day to day, not exceeding a term of five days. If any member of the board shall dissent from a decision of the board or shall protest against any of the proceedings of the board as irregular, he shall state such dissent or protest in writing signed by him setting forth his reasons and file it in the office of the department of state.

§§ 291, 292, 293, 294,

amended.

§ 5. Sections two hundred and ninety-one, two hundred and ninety-two, two hundred and ninety-three and two hundred and ninety-four of such chapter are hereby amended to read as follows: § 291. Secretary of state to furnish lists of electors. The secretary of state shall prepare seven lists, setting forth the names of such electors, and the canvass under the laws of this state of the votes given for each person for whose election any and all

votes were given, together with the certificate of determination thereon, by the state board of canvassers; procure to the same the signature of the governor; affix thereto the seal of the state; and, in behalf of the governor, send one of these lists so certified to the secretary of state of the United States by registered mail and deliver six other lists thus signed and sealed to the president of the college of electors on the first Monday after the second Wednesday in December.

§ 292. Meeting and organization of electoral college. The electors of president and vice-president shall convene at the capitol on the first Monday after the second Wednesday in December next following their election, and those of them who shall be assembled at twelve o'clock, noon, of that day, shall immediately at that hour fill, by ballot and by plurality of votes, all vacancies in the electoral college occasioned by the death, refusal to serve, or neglect to attend at that hour, of any elector, or occasioned by an equal number of votes having been given for two or more candidates. The electoral college being thus completed, they shall then choose a president, and one or more secretaries from their own body.

§ 293. Vote of the electors. Immediately after the organization of the electoral college, the electors shall then and there vote by ballot for president and vice-president, one of whom at least shall not be an inhabitant of this state. They shall name in their ballots the person voted for as president, and in distinct ballots, the person voted for as vice-president. They shall make and sign six certificates of all the votes given by them, each of which certificates shall contain two distinct lists, one of the votes for president and the other of the votes for vice-president, and shall annex to each of the certificates one of the lists of electors which shall have been furnished to them by the secretary of state under section two hundred and ninety-one hereof. They then shall seal up the certificates so made and certify upon each that the lists of all the votes of this state given for president and of all of the votes so given for vicepresident are contained therein.

§ 294. Disposition of certificates of electors. The electors shall dispose of the certificates so made by them and the lists attached thereto in the following manner:

1. They shall forthwith, and before the fourth Wednesday in the said month of December, forward by registered mail, one to the president of the United States senate at the seat of government.

2. Two shall be delivered, without delay and before the fourth Wednesday in the said month of December, to the secretary of state of this state, one of which shall be held by him subject to the order of the president of the United States senate and the other shall be preserved by such secretary for one year and shall be a part of the public records of his office and be open to public inspection.

3. On the following day they shall forward two to the secretary of state at the seat of government, by registered mail.

4. They shall forthwith, and before the fourth Wednesday in the said month of December, cause the other of such certificates and

$ 295

repealed.

City authorized

to cancel taxes of

Bronx Post 95.

Ch. 48 amended.

New
$270-8,

lists to be delivered to the judge of the United States Court of the northern district of the state of New York.

§ 6. Section two hundred and ninety-five of such chapter is hereby repealed.

§ 7. This act shall take effect immediately.

CHAPTER 720

AN ACT authorizing the commissioners of the sinking fund of the city of New York to cancel and annul all taxes, assessments and water rents which are now a lien upon the property of Bronx Post Ninety-five, War Veterans, Memorial Association, Incorporated, in the borough of Bronx, city of New York

Became a law May 26, 1936, with the approval of the Governor. Passed, on emergency message, by a two-thirds vote

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The commissioners of the sinking fund of the city of New York, may, in their discretion and upon such terms as they may deem proper, cancel and annual all taxes, assessments and water rents which are now a lien against the real property owned by Bronx Post Ninety-five, War Veterans, Memorial Association, Incorporated, borough of the Bronx, city of New York, which said. real property is known and designated as lot number one hundred eighteen, block number two thousand four hundred and twenty, section nine, on the land map of the city of New York, borough of the Bronx, whether or not such taxes, assessments and water rents accrued or became a lien against such real property while owned by such memorial association or by its immediate grantor or predecessor in interest. The comptroller shall mark the city's books and rolls of taxes in accordance with the determination of the commissioners of the sinking fund.

§ 2. This act shall take effect immediately.

CHAPTER 721

AN ACT to amend the agriculture and markets law, in relation to departments of markets in cities

Became a law May 26, 1936, with the approval of the Governor. Passed, three-fifths being present

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Chapter forty-eight of the laws of nineteen hundred twenty-two as such chapter was amended by chapter two hundred and seven of the laws of nineteen hundred twenty-seven, re-entitled "An act in relation to agriculture and markets, constituting chap270-b 270-e ter sixty-nine of the consolidated laws," as last amended by chapter 270-d, 270- two hundred and seven of the laws of nineteen hundred twentyseven, is hereby amended by adding new sections, to be sections two hundred and seventy-a, two hundred and seventy-b, two hun

270-1 added.

dred and seventy-c, two hundred and seventy-d, two hundred and seventy-e, two hundred and seventy-f, to read as follows:

§ 270-a. Additional proceedings. In addition to the punishment civil action provided for violation of the rules of the commissioner of for penalty. public markets provided in the foregoing section, an action or proceeding may be instituted in a court of competent civil jurisdiction to recover a penalty for a violation of such rules to compel compliance with same.

§ 270-b. Penalty for violation of rule. Every person, association or corporation, and all agents, officers and employees thereof, shall obey every rule of the commissioner of public markets made as provided in this article, so long as such rule shall be in force. A person, association or corporation, who shall fail by himself, itself or through his or its agents, officers and employees to obey any rules of the commissioner, or who Penalty shall violate any rule of the department of public markets in any 2200 each city, made as provided in this article shall be subject to a penalty offense. not exceeding the sum of two hundred dollars for each and every offense. Every violation of such rule, or the rules of the said department, shall be a separate and distinct offense, and in case of a continuing violation, every day's continuance thereof shall be a separate and distinct offense.

The

No security.

§ 270-c. When injunction may be obtained. In an action in the supreme court for the recovery of a penalty or forfeiture for the violation of any of the provisions of this article or of the rules of the commissioner, or of the rules of the department of public markets in a city, an application may be made on the part of the commissioner to the court or any justice thereof for an injunction to restrain the defendant, his agent, and employees, from the further violation of such provisions or rules. court or justice to whom such application is made, shall grant such injunction on proof, by affidavit, that the defendant has been guilty of the violations alleged in the complaint, or of a violation of any of such provisions or rule subsequent to the commencement of the action. No security on the part of the plaintiff shall be hereby required, and costs of the application may be granted or refused in the discretion of the court or justice. If the plaintiff shall recover judgment in the action for any penalty or forfeiture demanded in the complaint, the judgment shall contain a permanent injunction, restraining the defendant, his agents and employees from any further violation of such provision of this article or of the rules of the commissioner or of the said department. Any injunction, order or judgment obtained under service of this section may be served on the defendant by posting the same order. upon the outer door of the defendant's usual place of business, or where such violation was or is committed, or in the manner required by the civil practice act, and the rules and practice of the court. Personal service of the injunction shall not be necessary when such service cannot be secured with reasonable diligence, but the service herein provided shall be deemed sufficient in any proceeding for the violation of such injunction.