amend the statement already filed, and to furnish the court or justice thereof such further information as the court may require on the subject. Copies of such order shall be served on the attorney-general of the state and on the district attorney of the county wherein such statement is required to be filed.

Derivation: Election Law, § 212, as added by L. 1906, ch. 502, § 1, and amended by L. 1907, ch. 596, § 6.

§ 553. Time within which proceedings must be brought.

Such petition shall be presented within fifty days after any election. in respect to which the allegations of such petition shall relate if the statement mentioned therein was filed within the twenty days as herein required; but if the statement shall not have been filed within said twenty days, such petition may be presented at any time not more than sixty days after the filing of the statement. The said petition and order to show cause shall be filed, and any order or judgment made in the proceeding based thereon shall be entered in the office of the clerk of the county in which such election was held, if held wholly within a county, or otherwise in such other office as the court, or a justice thereof, shall direct.

Derivation: Election Law, § 213, as added by L. 1906, ch. 502, § 1, and amended by L. 1907, ch. 596, § 7. Time for filing petition. The requirement of the statute that the petition should be filed within thirty days after the election was not satisfied by its presentation to a justice of the Supreme Court within that time. Such presentation, although the justice retained the petition, was not a filing of it within the meaning of the statute; and, the petition not having been filed within the prescribed period, the right to institute the inquest expired and the order directing the inquest should be vacated. Matter of Lance, (1907) 55 Misc. 13, 106 N. Y. Supp. 211.

§ 554. Proceedings to be summary.

Upon the return of the order to show cause provided for in section five hundred and fifty-two, the court, or justice, shall immediately, and in such manner as the court or justice shall direct, and without respect to any technical requirement, inquire into the facts and circumstances and into such violations of, or failure to comply with, the provisions of this article, as may be alleged in any such petition, or into such other facts and circumstances relative to any such election or to any contribution or expenditure made in connection therewith, which at any time, whether before or during the continuance of such inquest, the court or justice holding such inquest shall deem necessary to secure compliance with the provisions of this article or to punish for a violation thereof. Such other persons as the court, or justice, shall deem necessary or proper to join or bring in as parties to the said proceeding in order to make its order, judgment or writs effective, may be joined as parties in such manner and upon such notice as said court or justice shall direct.

Derivation: Election Law, § 214, as added by L. 1906, ch. 502, § 1, and amended by L. 1907, ch. 596, § 8.

Constitutionality. The provision of the Corrupt Practices Act (L. 1906, ch. 502) for an application to the Supreme Court or to a justice thereof

and a summary inquest and judgment requiring a person or committee to le a statement or adjudging a person or committee guilty of contempt of court is in violation of the provision of the Constitution that no person shall be deprived of his liberty or his property without due process of law. Matter of Lance, (1907) 55 Misc. 13, 106 N. Y. Supp. 211.

§ 555. Preference over other causes.

The proceedings upon, and the investigation of, the charges set forth in said petition, shall take precedence and be preferred over all other actions or proceedings by or before said court, or justice thereof, and in case of appeals, in the appellate division and in the court of appeals. Derivation: Election Law, § 215, as added by L. 1906, ch. 502, § 1.

556. Appeals.

Appeals may be taken to the appellate division of the supreme court, and to the court of appeals, from the orders herein provided for, in the same manner that appeals are taken from orders of the special term of the supreme court, and such appeals shall be considered by such appellate courts as appeals from orders

Derivation: Election Law, § 216, as added by L. 1906, ch. 502, § 1.

§ 557 Subpoenas.

Any court or justice holding such inquest may issue subpoenas for witnesses, who shall be allowed the same fees, whose attendance may be enforced in the same manner, and who shall be subject to the same penalties, as if served with a subpoena in behalf of the state in a criminal prosecution in such court.

Derivation: Election Law, § 217, as added by L. 1906, ch. 502, § 1.

§ 558. Personal privilege of witnesses.

No person shall be excused from attending and testifying, or from producing any books, papers or other documents before the court, or justice thereof, upon any trial, investigation or hearing, under the provisions of this article, upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him, may tend to convict him of a crime, or subject him to a penalty or forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture, for or on account of any transaction, matter or thing concerning which he may so .testify, or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him upon any criminal investigation or proceeding.

Derivation: Election Law, § 218, as added by L. 1906, ch. 502, § 1.

§ 559. Conduct of hearing.

The attorney-general, a district attorney or some person designated by either, or by such court or justice, shall attend the inquest and examine the witnesses, and the persons or committees by or against whom the proceeding is brought shall have the right to appear by counsel at the inquest, produce evidence, and examine and cross

examine witnesses in their own behalf. Such court or justice shall have power, by a subpoena duces tecum, to compel the production before him of it, for examination, of any books or papers of any kind or of any other thing which he or it may require in the conduct of such inquiry, and which is relevant and material. Such court or justice shall have power to cause any person who shall neglect or refuse to appear before him or it as a witness, having been duly summoned, to be brought before him or it; and any person in attendance as a witness, who shall refuse to be sworn as a witness, or who being sworn shall refuse to answer any proper questions propounded to him, and any person who, having been duly summoned, shall neglect or refuse to appear before such court or justice, may be adjudged guilty of contempt and may be fined not more than one thousand dollars, or imprisoned not more than thirty days, or both.

Derivation: Election Law, § 219, as added by L. 1906, ch. 502, § 1. § 560. Judgment and penalty.

The said court or justice thereof shall render judgment in such proceedings as follows: If such person or persons or committee or committees proceeded against, have failed to file the required statement, or have filed a false or incomplete statement. without willful intent to defeat the provisions of this article, the judgment shall require the person or persons proceeded against to file such statement or such amendment to the statement, as shall render the same true and complete, within ten days of the entry of the judgment, and to pay the costs and expenses of the proceeding. If such person or persons or committee or committees have failed to file a statement, or have filed a false or incomplete statement, and such failure to file or such false or incomplete statement was due to a willful intent to defeat the provisions of this article, or if the person or persons proceeded against shall fail to file the required statement or amendment as directed by a judgment of a court or justice within ten days after the entry of such judgment, the person or persons or committee or committees proceeded against shall be liable to a fine not exceeding one thousand dollars, or imprisonment for not more than one year, or both. If such person or persons or committee or committees have filed a statement complying with the provisions of this article, or if the person or persons, committee or committees proceeded against, or either of them, are not required to file a statement as prescribed herein, the court or justice shall render judgment against the applicant or applicants, and in favor of such person or committee, for his or their costs and disbursements, to be taxed by such court or justice.

Derivation: Election Law, § 220, as added by L. 1906, ch. 502, § 1.

Construction and application.-People ex rel. Childs v. Knott (1919), 187 App. Div. 604, 176 N. Y. Supp. 321.

Whether this section provides the only remedy for a failure to file the required statement and whether this remedy is legal cannot be raised by a writ or habeas corpus. People ex rel. Childs v. Knott (1920), 228 N. Y. 608, affg. 187

App. Div. 604.

§ 561. Application of article limited.

The provisions of this article shall not be applicable to elections of town or village officers in any town or village, or to any person, association or corporation engaged in the publication or distribution of any newspaper or other publication issued at regular intervals in respect to the ordinary conduct of such business.

Derivation: Election Law, § 221, as added by L. 1906, ch. 502, § 1.

§ 562. Party funds not to be expended for primary purposes.

No contributions of money, or the equivalent thereof, made, directly or indirectly, to any party, or to any party committee or member thereof, or to any person representing or acting on behalf of a party, or any moneys now in the treasury of any party, or party committee, shall be expended in aid of the designation or nomination of any person to be voted for at a primary election, either as a candidate for nomination for public office, or for any party position. Derivation: Added by L. 1911, ch. 891, § 64. in effect Nov. 15, 1911. Amended by L. 1913, ch. 820, in effect Dec. 17, 1913.

ARTICLE 17.

SPECIAL PROVISIONS FOR THE YEAR NINETEEN HUNdred and

EIGHTEEN.

Art 17, §§ 570-594, added by L. 1918, ch. 297. in effect Apr. 20, 1918. See Part 1A, Special Provisions of Election Law for Year 1918, post, p. 288d.

ARTICLE 18.

[Art. renumbered by L. 1918, ch. 297, in effect Apr. 20, 1918.]

LAWS REPEALED; WHEN TO TAKE EFFECT.

Section 600. Laws repealed.

601. When to take effect.

§ 600. Laws repealed.

Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. Amended by L. 1918, ch. 297, in effect Apr. 20, 1918.

601. When to take effect.

This chapter shall take effect immediately.
Amended by L. 1918, ch. 297, in effect Apr. 20, 1918.

1900.

1900.

1900.

by chapter 236, 1900..