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he and such building have conformed to and at the time of making the affidavit do conform to all the requirements of the laws, ordinances, rules and regulations relating to hotels and hotel keepers, including all laws, ordinances, rules and regulations of the state or locality pertaining to the building, fire and health de partments in relation to hotels and hotel keepers and that such building is or was within three months of the said election used as a hotel. If for any reason the said building or part of the building used as a hotel shall be devoted to other than hotel purposes within three months of said election the holder of such liquor tax certificate shall state in such affidavit for what purpose such building or part thereof formerly used for hotel purposes is then used, and, if the same has been sublet to any person, he shall so state, giving the terms of said lease, and the name of the lessee.

Any holder of a liquor tax certificate required to make such affidavit by the said superintendent who shall refuse, fail or neglect to make and file the same forthwith with the superintendent is guilty of a misdemeanor. Any holder of a liquor tax certificate who shall incorporate any false statement in any sworn report or affidavit to the superintendent of elections is guilty of perjury and in addition to suffering the penalty prescribed by law for such crime shall forfeit his liquor tax certificate and shall be deprived of all rights and privileges thereunder and of any right to a rebate of any portion of the tax paid thereon, and shall be debarred from trafficking in liquors for a period of five years from the date of his conviction.

Derivation: L. 1905, ch. 689, § 1, amending L. 1898, ch. 676, § 9, pt., as amended by L. 1908, ch. 488, § 1.

Amended by L. 1911, ch. 649; L. 1915, ch. 678, in effect May 22, 1915.

§ 482. Filing such reports and affidavits.

Any report or affidavit required by the two preceding sections shall be acknowledged and sworn to before a notary public, commissioner of deeds, or justice of the peace, and shall be filed personally by such landlord, proprietor, lessee or keeper or by regis tered mail with the said superintendent of elections at such office as he may designate.

Derivation: L. 1905, ch. 689, §, amending L. 1898, ch. 676, § 9, pt., as amended by L. 1908, ch. 488, § 1.

Amended by L. 1911, ch. 649; L. 1915, ch. 678, in effect May 22, 1915.

§ 483. Reports by police and certain departments.

Whenever the state superintendent of elections shall require, it shall be the duty of the chief of police and the respective heads of the departments of buildings, fire and health to forthwith make a report in writing to the superintendent of elections of every building or part of a building in such city in which the business of trafficking in liquors is conducted under a liquor tax certificate issued under subdivision one of section eight of the liquor tax law, showing the location thereof by street and number, election district and assembly district or ward, the character of such business, as declared by the holder of the certificate, specifying whether it be a hotel, restaurant, saloon, store, shop, booth or other place and the name of the holder of such certificate, and if the place be a hotel the report shall state whether or not the building and holder of the certificate conform to all the laws, ordinances, rules and regulations of the state or locality including the laws, ordinances, rules and regulations of the building, fire and health departments in relation to hotels and hotel keepers.

Derivation: L. 1905, ch. 689, § 1, amending L. 1898, ch. 676, § 9, pt., as amended by L. 1908, ch. 488, § 1.

Amended by L. 1911, ch. 649; L. 1915, ch. 678, in effect May 22, 1915.

§ 484. List to be furnished if required by the superintendent of elections.

The superintendent of elections shall also have the right throughout the year whenever deemed necessary by him to require the owner or lessee of any hotel, or inn, containing less than fifty rooms and every lodging-house or dwelling to make to the superintendent, within ten days after notification, a sworn report upon a blank to be prepared and furnished by said superintendent, which said report shall contain a list giving the name of every male person of twenty-one years of age and upwards, who resides in said hotel, inn, lodging-house and dwelling, together with the

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period that they have resided therein, and such other information as may be deemed necessary by said superintendent, and said superintendent shall have the power whenever deemed necessary by him, to require said owner or said lessee in addition to notify said superintendent whenever any of said male persons shall within twenty-nine days before election leave said hotel, inn, lodging-house and dwelling. Said superintendent shall have the power to require said list to be made by the owner if said owner is in possession. If said owner is not in possession said superintendent shall have the power to require said owner to furnish the name of the lessee and lessees of said building and said superintendent shall then have the power to require said list of said lessee and lessees. In the event that said building is occupied in part by said owner and in part by a lessee or lesseess the said superintendent shall then have the power to compel the owner to furnish the said list for the part occupied by him, and the names of the lessee or lessees who lease the remaining part of said building, and said superintendent may require said lists from said lessee or lessees. In the event of the neglect of the owner or lessee to furnish said list when demanded by said superintendent of elections, said owner or lessee shall be guilty of a misdemeanor punishable by a fine of two hundred and fifty dollars, and in case of a second conviction shall be punishable by a fine of five hundred dollars and imprisonment. If the owner furnishes to said superintendent a list which states that a male person has resided in said premises for a longer period than he has actually resided therein, or if said person puts upon said list a name under which no person has resided any length of time in said premises, said owner shall be guilty of a felony and in addition liable to a penalty of one thousand dollars, which said penalty shall be a lien upon the house and the lot upon which the house is situated. the lessee furnishes a false list then the said lessee shall be liable to a penalty of one thousand dollars, which said penalty, in addition to being satisfied out of any goods or chattels of the lessee, shall be a lien upon the leasehold, and shall entitle said leasehold to be sold to satisfy said penalty subject to the rights of the land

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lord. Every penalty imposed herein upon a house or leasehold shall be a lien upon the house and lot or leasehold in relation to which the penalty is imposed from the time of filing of a certified copy of the judgment in the office of the clerk of the county in which said house and lot or leasehold is situated, subject only to taxes, assessments, water rates and to such mortgages and mechanics' liens as may exist thereon prior to such filing, and it shall be the duty of the prosecuting officer upon the entry of said judgment to forthwith file the copy as aforesaid in the office of the clerk of the county and said copy upon said filing shall be forthwith indexed by the clerk in the index of mechanics' liens. A lis pendens may be filed in the office of the clerk of the county in which the realty or leasehold is situated at the time of the commencement of the proceedings under this section.

Derivation: L. 1908, ch. 488, § 2, amending L. 1905, ch. 689, and L. 1898, ch. 676, by adding § 9-a.

Amended by L. 1911, ch. 649; L. 1915, ch. 678, in effect May 22, 1915.

§ 485. Card lists of registered electors.

The board of inspectors of each election district shall on each day of registration transfer to cards, to be provided for that purpose by the secretary of state, which cards shall be in form and style approved by the state superintendent of elections, a compléte copy of the name of each person registered in their respective districts, together with all of the answers made and information given by the person registered, at the time of registration, and such cards, inclosed and sealed in a cover to be provided for that purpose by the secretary of state, shall be delivered personally or by mail forthwith by the chairman of the board of inspectors together with a statement on a blank form, to be furnished by the secretary of state after approval by the state superintendent of elections, that the cards delivered contain a correct copy of all the names registered and information given by the persons so registered, to the state superintendent of elections at one of his offices to be designated by him.

In cities of the first class the board of inspectors of each election district shall also on each day of registration transfer to the cards, to be provided for that purpose by the secretary of state, which cards shall be in form and style approved by the state superintendent of elections, a complete copy of the name of each person registered in their respective districts, together with all of the answers made and information given by the persons registered, at the time of registration and such other and further information as may be required by said card and such cards, inclosed and sealed in a cover to be provided for that purpose by the secretary of state, shall be delivered personally forthwith by the chairman of the board of inspectors together with a statement on a blank form, to be furnished by the secretary of state after approval by the state superintendent of elections, that the cards delivered contain a correct copy of all the names registered and information given as required by said card, to the police department of said city at such office as shall be desig nated by said police department.

Derivation: L. 1905, ch. 689, § 1, amending L. 1898, ch. 676, § 10. Amended by L. 1911, ch. 649; L. 1915, ch. 678, in effect May 22, 1915. 15, 1916.

§ 486. Challenge lists.

1. The state superintendent of elections shall prepare for each election district in the city of New York a challenge list containing the names, alphabetically arranged, and addresses of all persons who, by reason of death, removal, conviction or otherwise, have lost the right to register from the addresses within such election district from which they registered at the last preceding election. Such challenge lists shall be delivered to the respective boards of registry in such city at least one-half hour before the commencement of registration. It shall be the duty of the chairman of such respective boards of registry to challenge the registration of any person applying to them for registration under any name on said challenge lists, unless it shall affirmatively appear after strict examination of the voter, and. if necessary, others also, that such voter has become domiciled at a new address within the election district. Said challenge lists shall contain a column headed "remarks" and it shall be the duty of the chairman of the respective boards of registry to enter in said column opposite the names on said lists whether any person applying for registration under any name on said lists who was challenged was allowed to register and the reason for allowing him to register. If a person applies for registration under any name on said challenge lists who is challenged and does not register then there shall be entered opposite such name in the aforesaid column headed “ remarks" the words "challenged but did not register." If no person applies for registration under any name on said challenge lists then there shall be entered opposite each such name in the aforesaid column headed "remarks" the words "no application." Any duly accredited watcher shall have the right to examine such challenge list. On each day of registration the chairman of the board of registry shall make the challenges and the entries in the column headed "remarks" as heretofore provided. At the close of the last day of registration said challenge lists shall be signed and certified as true by each member of such board of registry and returned to the state superintendent of elections in a sealed envelope provided therefor by the said state superintendent.

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