CHAPTER IV. LAWFUL INTEREST. What is the rate of interest established in this State ? Seven per cent. Are all persons forbidden to take more than seven per cent ? Is a contract for a greater rate of interest valid ? It is not. Can the borrower be compelled to pay principal or interest? ACT TO PREVENT USURY, PASSED 1837. Can a person be compelled to testify in a suit when he is a party? It is a general rule that he cannot. Can he on a trial when the plea is usury? He can. If a person has taken usury, directly or indirectly, can he be made to testify to that fact? He can. What is the consequence of taking a false oath ? The pains and penalties of perjury. What is the punishment of usury in addition to the forfeiture of principal and interest? Fine not exceeding one thousand dollars, or imprison ment not exceeding six months, or both. What shall be the duty of all courts of justice? To charge the Grand Jury especially to inquire into any violation of this law APPENDIX, CONTAINING THE CHANGES WHICH HAVE BEEN MADE IN THE REVISED STATUTES, BY THE SESSION LAWS OF 1837-8-9-40-1-2-3. ALTERATIONS MADE IN THE ELECTION LAW. What is the duty of the sheriff, clerk, or first judge of each county, who receives notice of an election? To give notice to the supervisor or assessors in each town or ward in the county. How are cities divided by the Common Council? Into election districts. What shall every ward in the city, containing not more than five hundred voters, constitute? An election district. If there are more than five hundred voters ? It tricts. may be divided by the Common Council into two dis By whom are towns divided into election districts? By the supervisor, town clerk, and assessors. How shall two of the three be chosen in the district? By ballot, on the same ticket with the town or charter officers. By whom is the third inspector appointed By the presiding officers of the town meeting or charter election. How shall notice be given to the electors? By posting a notice, as required by the Rev'd. Statutes. PRELIMINARY OATH. What is the duty of the inspectors when an elector is challenged. To 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 !" In relation to what particulars may the inspectors then proceed to examine the person challenged ? 1. His name. 2. His residence. 3. How long he has resided in the town or ward where the vote is offered. 4. What his last place of residence before he came into that town or ward. 5. Whether he is a native or a naturalized citizen. 6. If naturalized, when and where. 7. If he came into town for the purpose of voting at that election. 8. If he contemplates residing in the town or ward; and such other questions as may tend to test his qualifications entitling him to vote. If he refuse to take this oath, what shall be done? His vote shall be rejected. After receiving answers to the above questions, what is the duty of the inspectors ? To declare to the person so challenged the qualifications of an elector. What words are to be inserted in the elector's oath, as laid down on page 39, before the last clause of each oath ? "and of the district in which you offer to vote." BALLOT BOXES. By whom are the ballot boxes provided? By the inspectors. How long shall any election continue ? PENALTY FOR MISCONDUCT. If any person shall interrupt or disturb the meeting, what shall be done? He shall be arrested and detained until the final canvass of the votes shall be completed. DOUBLE BALLOTS. If two ballots are so folded together as to present the appearance of a single ballot, what shall be done with them? They shall be destroyed if the whole number of ballots exceed the whole number of voters, and not otherwise. STATEMENT OF THE RESULT OF AN ELECTION. To whom shall the inspectors return the statement of the result of the election in their district? To the supervisor of the town or ward. What shall be done with the poll lists ? COUNTY CANVASSERS. Who are the county canvassers ? The supervisors or assessors to whom the statement is returned from the inspectors. When shall the board of county canvassers meet? On the Tuesday next following the election before one o'clock in the afternoon of that day. How soon shall copies of the statement of the county canvassers be sent to the Governor, Comptroller, and Secretary of State? Within four days after the adjournment of the board. PENALTIES FOR ILLEGAL VOTING. What is the penalty for voting more than once, or attempting to vote more than once? or procuring illegal votes ? or procuring nonresidents to vote? A fine not exceeding one hundred and fifty dollars, or imprisonment not exceeding six months. What is the penalty if an inhabitant of another state or county shall vote or offer to vote at any general or special town or charter election? He shall be imprisoned in the state prison not exceeding one year, at the discretion of the court. TOWN SUPERINTENDENTS. What officer is elected in each town according to the law of 1843 ? A town superintendent. What officers are there in each ward in the city of New York? Two commissioners from each ward, forming the Board of Education; two inspectors, and five trustees, in each ward. INSPECTION LAWS. What alteration was made in the inspection of flour and meal in 1843 ? The penalties for selling without inspection were abolished. REGENTS OF THE UNIVERSITY. What officer has been added to the Board of Regents of the University of the State of New York ? The Secretary of State. What salary shall be allowed to the Secretary of State in the capacity of superintendent of common schools? Seven hundred and fifty dollars How much for additional clerk hire? per annum. |