election other than a general election, while his name shall appear upon the register of another district to be used at such election. Any person who shall violate this provision is guilty of a felony; and upon conviction shall be punished by imprisonment in a state prison for not less than two or more than five years. In all election districts other than in cities or in villages of five thousand inhabitants or more, the board of inspectors in preparing for an election other than a general election shall add to the register for the last preceding general election, the names of such electors as they know are or are satisfied by proof will be, on the day of such election, entitled to vote thereat, and shall strike therefrom the names of all persons whom they know or are satisfied by proof have ceased to be qualified electors of such election district. No registration of electors shall be required for town or village elections.

§ 34. General provisions.- Subdivision 1.- Qualification of elector. A person is a qualified elector in any election district for the purpose of having his name placed on the register if he is or will be, on the day of the election, qualified to vote at the election for which such registration is made. A qualified elector is a male citizen who is or will be on the day of election twentyone years of age, who has been an inhabitant of the state for one year next preceding the election, and for the last four months a resident of the county, and for the last thirty days a resident of the election district in which he may offer his vote. If a naturalized citizen, he must, in addition to the foregoing provisions, have been naturalized at least ninety days prior to the day of election.

Subdivision 2. For the purpose of registering and voting no person shall be deemed to have gained or lost a residence, by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum, or institution wholly or partly supported at public expense, or by charity; nor while confined in any public prison. Any person claiming to belong to any class of persons mentioned and referred to in this subdivision shall file with the board of inspectors at the time of regis tration a written statement showing where he is actually domiciled, his business or occupation, his business address, and to

which class he claims to belong. Such statement shall be attached to the register, and be open for public inspection, and the fact thereof shall be noted in the register opposite the name of the person so enrolled.

A person who, residing in one election district of a city, removes to, takes and occupies a room in a seminary of learning in another district, as a student and not permanently as a residence, neither loses his residence nor gains a new residence in the seminary district by the removal, and is lawfully entitled to vote in the former, not the latter, district. Matter of Goodman, 146 N. Y. 284. A voter may change his legal residence into a new district in spite of the fact that he becomes a student in an institution of learning therein. Id. But his occupation of rooms in the institution is presumably only for the prescribed period of study. Id. Such occupation is, therefore, no evidence of a change of residence. Id. The facts to establish the change must be wholly independent of his presence in the new district as a student, and should be, it seems, clear and convincing to overcome the natural presumption. Id. A verified statement of the voter of a mental intention to change his residence, unless fortified by consistent acts, is not, it seems, sufficient to rebut such presumption. Id.

An inmate of an institution supported wholly or partly by charity, who had gained a legal vote and residence in the district prior to the taking effect of the Constitution of 1894, is not deprived of the right to vote by the provisions of section 3, article 2 of said Constitution. Matter of Griffiths (County Court, 1896), 16 Misc. 128.

Under the provisions of section 3, article 2 of the State Constitution, to entitle a student, whose local residence has been previously in another district, to vote in the election district in which the seminary he attends is situated, it is essential that the intent to change his legal residence be manifested by acts which are independent of his presence as a student in the new locality. Matter of Garvey, 147 N. Y. 117; rev'g 84 Hun, 611. The rule requiring proof of change of local residence by acts independent of the presence of the student in the seminary, was held, in the case last cited, to be controlling in the determination of the right to registration, in the election district in which the seminary is situated, of certain students of the general Theological Seminary of the Episcopal Church in New York city, living in one of the seminary buildings. Id.

The Home for Aged Men, in the town of Colonie, county of Albany, is an institution started wholly or partly by charity, within the meaning of section 3, article 2 of the Constitution, as amended in 1895. Matter of Batterman (Sup. Ct., Chambers, 1895), 14 Misc. 213. Such amendment is not retroactive and does not deprive an inmate of such institution, who gained a residence and voted in the district prior to January 1, 1895, of his right to vote therein. Id.

Subdivision 3. Illiterate and disabled electors.- If, at any meeting for the registration of electors, any person entitled to be registered and of whom personal registration is required, shall declare to the board of inspectors at the time he applies for registration, that he is unable to write by reason of illiteracy, or that he will be unable to prepare his ballot without assistance by reason of blindness, or of such degree of blindness as will prevent him, with the aid of glasses, from seeing the names printed upon the official ballot, loss of both hands, or such total inability of both hands that he cannot use either hand for ordinary purposes, or that he will be unable to enter the voting booth without assistance by reason of disease or crippled condition, the nature of which he must specify, it shall be the duty of the said board of inspectors to administer an oath to such person in the following language, namely: "You do solemnly swear (or affirm) that you will be unable to prepare your ballot without assistance, because," and after the word "because," continuing with a statement of the specific disease or crippled condition assigned by the person as the cause of his alleged disability, and the said inspectors and each of them shall make a note upon the register of each instance in which such oath is administered, and of the cause or reason so assigned.

Subdivision 4. If any elector after being enrolled, shall change his place of residence within the same election district, he may appear before the board of inspectors of such district on any day of registration, or on the day of election, and state under oath that he has so changed his residence, and the board of inspectors shall thereupon make the proper correction upon the register of such district.

Subdivision 5. No part of a day fixed for the registration of electors shall be deemed a holiday so as to effect any meeting or proceeding of the board of inspectors for registration.

Subdivision 6. Challenges to applicants for registration.Any person who applies personally to any board of inspectors for registration for any election may be chalienged by any qualified elector present. If such applicant be so challenged, or if any member of the board of inspectors shall have reason to suspect that such applicant is not entitled to have his name enrolled on such register, the chairman of the board shall administer to such applicant the preliminary oath which is required by law to be administered to a challenged person offering to vote at a general election, and may thereupon examine him as to his qual

ifications as an elector, and may require him to state under oath his age, residence by street and number, if it have a street number, and, otherwise, to describe the locality thereof, and if he is not a householder, to state the name of the householder with whom he resides, and in like manner to describe the residence of such householder. If the applicant shall by his answers satisfy the inspectors of his right to be registered, they shall enroll his name; if not, they shall tender to him the general oath prescribed by law in the case of an elector attempting to vote. under challenge. If such applicant shall make such oath, his name shall be placed upon the register. If he shall refuse to make such oath, his name shall not be placed upon the register. Subdivision 7. Record of challenges. If, at a meeting of the board of inspectors for registration, any elector shall, upon oath, declare that he has reason to believe that any person on the register of electors will not be qualified to vote at the election for which the registration is made, the board of inspectors shall place the words "to be challenged" opposite the name of such person, and when such person shall offer his vote at such election, the general oath as to qualification shall be administered to him, and if he shall refuse to take such oath he shall not be permitted to vote.

Subdivision 8. Production of naturalization papers.- It shall be the duty of every naturalized citizen before being registered to produce to the inspectors, if any inspector shall require, his naturalization papers or a certified copy thereof for their inspection, and to make oath before them that he is the person purporting to have been naturalized by the papers so produced, unless such citizen was naturalized previous to the year eigh teen hundred and sixty-seven. If however such naturalized citizen can not for any reason produce his naturalization papers, or a certified copy thereof, the board of inspectors, or a majority of such board may place the name of such naturalized citizen upon the register of electors upon his furnishing to such board evidence which shall satisfy such board of his right to be registered.

Subdivision 9. Any person knowingly taking a false oath before the board of inspectors, shall upon conviction thereof be punished as for willful and corrupt perjury.

§ 35. Subdivision 1. Certification and custody of register.-At the close of each meeting for the registration of electors, for a general or other election in a city, or in an election district

wholly within a village having five thousand inhabitants or more, the inspectors shall append to each book of registration their certificate, to the effect that such register as it now is comprising (here insert the number) names, is a true and correct register of the names and residences of all the electors qualified to vote at such election in such district, who have personally appeared before the board of registration, and such registers so certified shall be presumptive evidence that the names and places of residence contained therein are the names and places of residence given by the persons registered respectively. At the close of each meeting for the registration of electors for a general or other election elsewhere than in a city, or in a district wholly within a village having five thousand inhabitants or more, the inspectors shall append to each book of registration a certificate to the effect that such register as it now is, comprising (here insert the number) names, is a true and correct register of all electors qualified to vote at such election in such district, who have personally applied for registration, or whose names the board was required by law to place thereon. Each such certification shall be signed by all the inspectors, but in case one inspector required to sign such certificate shall fail for any reason so to do, he may be required by the officer with whom such register is filed to sign such register at a subsequent date. In all cases a majority of the inspectors must sign such certificate at the close of each day of registration.

Subdivision 2. The register of electors made by the chairman of the board of inspectors shall be, and shall be known, as the public copy of registration. Such public copy shall be left in a prominent position in the place of registration from the first day of registration until election day, and shall at all reasonable times be open to public inspection and for making copies thereof. Each other inspector shall carefully preserve his register of electors and shall be responsible therefor, until the close of the canvass of the votes on election day, except as hereinafter provided for in cities of the first class. At the close of each day of registration, the inspectors shall draw a line in ink immediately below the name of the elector last entered upon each page of each such register. Upon the succeeding day of registration, they shall enter the names of electors in the alphabetical order of the first letter of the surname below the line so drawn upon the proper page after the close of the previous day of registration. Upon the close of the last day of registra