PASSED AT THE 158TH REGULAR SESSION OF THE LEGISLATURE, BEGUN AT THE CITY OF ALBANY VOLUME I CHAPTER 1 AN ACT to amend the civil practice act, in relation to extending further the time of application of certain of its provisions relating to foreclosure of mortgages and to actions for judgments and bonds secured by mortgages Became a law January 18, 1935, 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: § 1077 a-g Section 1. The serious public emergency, which existed at the L. 1933, time of the enactment of sections ten hundred seventy-seven-a, ten ch. 793. hundred seventy-seven-b, ten hundred seventy-seven-c, ten hun- emergency dred seventy-seven-d, ten hundred seventy-seven-e, ten hundred continued. seventy-seven-f and ten hundred seventy-seven-g of the civil practice act, as added by chapter seven hundred and ninety-three of the laws of nineteen hundred thirty-three, having continued, in the judgment of the legislature, to the present time and still existing, the provisions of such chapter seven hundred and ninety-three of the laws of nineteen hundred thirty-three shall, notwithstanding any provision of such chapter, remain and be in full force and effect until July first, nineteen hundred thirty-six, and, in conformity with such extension, section ten hundred seventyseven-g of the civil practice act, as added by such chapter, is hereby amended to read as follows: § 1077-g, § 1077-g. Mortgages not affected. The provisions of sections L. 1933, ten hundred seventy-seven-a, ten hundred seventy-seven-b, ten ch. 793, hundred seventy-seven-c, ten hundred seventy-seven-d, ten hun- amended." dred seventy-seven-e and ten hundred seventy-seven-f shall not apply to any mortgage held by a savings and loan association, payable in monthly installments over a period of more than ten years from the time of the making of the loan, or made in accordance with the provisions of sections three hundred eighty-four or three hundred eighty-five of the banking law nor to any mortgage dated on or after July first, nineteen hundred thirty-two, nor to any obligations in connection with or secured by any such mortgages. The period of the emergency shall be from the date this act takes effect until July first, nineteen hundred thirty-six. § 2. This act shall take effect immediately. L. 1933, ch. 794, §§ 1 and 4, CHAPTER 2 AN ACT to amend chapter seven hundred ninety-four of the laws of nineteen hundred thirty-three, entitled "An act to amend the civil practice act, in relation to deficiency judgments in actions to foreclose mortgages on real property and actions to recover judgments on bonds secured by mortgages on real property," in relation to extending further the time of application of such chapter Became a law January 18, 1935, 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. Sections one and four of chapter seven hundred ninety-four of the laws of nineteen hundred thirty-three, entitled amended. 'An act to amend the civil practice act, in relation to deficiency judgments in actions to foreclose mortgages on real property and actions to recover judgments on bonds secured by mortgages on real property," as amended by chapter two hundred seventy-seven of the laws of nineteen hundred thirty-four, are hereby amended to read respectively as follows: period. § 1. It is hereby declared that a serious public emergency affecting and threatening the welfare, comfort and safety of the people of the state and resulting from the abnormal disruption in economic and financial processes, the abnormal credit and currency situation in the state and nation, the abnormal deflation of real property values and the curtailment of incomes by unemployment and other adverse conditions, still exists. Therefore, in the public interest, the necessity for legislative intervention by the enactment of the provisions hereinafter prescribed, and their application until July first, nineteen hundred thirty-six, is hereby declared as a matter of legislative determination. Emergency § 4. The period of the emergency hereby declared shall be from the date this act takes effect until July first, nineteen hundred thirty-six. This act shall not apply to mortgages dated on or after July first, nineteen hundred thirty-two, or to any bond, collateral bond, guarantee, or extension agreement or other agreement or writing concerning or delivered in nection with any indebtedness secured by mortgage dated on or after July first, nineteen hundred thirty-two. § 2. This act shall take effect immediately. ! CHAPTER 3 AN ACT to amend the election law, in relation to boards of elections Became a law January 18, 1935, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate and Assembly, ch. 588, Section 1. Subdivision four of section two of chapter five hun- L. 1922, dred and eighty-eight of the laws of nineteen hundred twenty- 2, two, entitled "An act in relation to elections, constituting chapter repealed. seventeen of the consolidated laws," is hereby repealed. ch. 777, § 2. Section thirty of such chapter, as amended by chapter seven L. 1928, hundred and seventy-seven of the laws of nineteen hundred twenty- § 30. eight, is hereby amended to read as follows: amended. § 30. Board of elections; qualifications of commissioners; appointment and removal; term. 1. There shall be a board of elections in the city of New York and in each county of the state, except a county in the city of New York. The board of elections of the city of New York shall be deemed to be also the board of elections for each county in such city. In the city of New York the board shall consist of four commissioners of elections, to be appointed by the board of aldermen of that city. Elsewhere, in a county having a population of less than one hundred and twenty thousand, the board shall consist of the two commissioners of elections, and in any other county of two or four commissioners of elections as the Commis. board of supervisors, by resolution, may determine, to be appointed by the board of supervisors. Not more than two commissioners, if the board consist of four members, and not more than one commissioner, if the board consist of two members, shall belong to the same political party or be of the same political opinion on state or national issues. 2. The commissioner of elections, while holding such office, may hold one of the following offices: notary public, commissioner of deeds, alderman of a city of less than fifty thousand population, police justice of a village, trustee or officer of a common or union school district outside of a city, justice of the peace of a town, and any other office filled by election or appointment within or for a town or village, or district or subdivision of either, except supervisor, town clerk, inspector of election, or election district clerk. Such commissioner shall not hold, while he is commissioner, any other office, except as above provided. Each commissioner of elections shall be at the time of his appointment a resident and a voter of the political unit for which he is appointed. 3. The certificate of appointment of a commissioner of elections shall be filed in the office of the clerk of the county, or, in the city of New York, in the office of the clerk of the county of New York and the county clerk shall immediately notify the secretary of state of the appointment. All appointments of commissioners shall sioners. be for a term of two years, beginning on January first of each odd numbered year, provided, however, that the board of supervisors of a county may determine that the commissioners of election thereafter to be appointed in the county shall serve for a term of four years, which determination may be rescinded by subsequent action of the board to take effect at the expiration of the term of the commissioners then in office. 4. A commissioner of elections may be removed from office by the governor for cause in the same manner as a sheriff. Any vacancy in the office of commissioner of elections shall be filled by the board of supervisors of the county, or, in the city of New York, by the board of aldermen, within five days after the filing of the certificate provided for in the next section, and the person appointed to fill such vacancy shall hold office during the remainder of the term of the commissioner in whose place he was appointed. § 3. Section thirty-nine, as amended by chapter six hundred and sixty-two of the laws of nineteen hundred twenty-seven, and sections fifty and fifty-one of such chapter are hereby repealed. § 4. Section sixty-four of such chapter is hereby amended to read as follows: § 64. Creation and alteration of election districts. In the cities of New York and Buffalo, respectively, the creation or the consolidation, division or other alteration of election districts shall be done by the board of elections, and in any other city or in any town by the common council or town board. Every town or ward, not subdivided into election districts, shall be an election district. Each assembly district in the city of New York, and elsewhere, if paper ballots are to be used, each town having more than five hundred voters and each ward having more than six hundred voters, or, if the voting is to be by machine, each town or ward having more than seven hundred voters, shall be divided into election districts in any year when necessary; provided that if two machines are to be used at the polling place, a town or ward having not more than one thousand voters need not be divided. Any other town or ward may be so divided when the convenience of voters will be promoted thereby. Any creation, consolidation, division or alteration of election districts in any year shall be made on or before July first, to take effect on the ensuing first day of October, except that when required by the creation or alteration of a political subdivision in which candidates are to be voted for at the fall primary, it shall take effect immediately. In the city of New York, in the case of excessive registration in any year, an election district may be divided to take effect before the general election. Each election district shall be compact in form. It shall not contain portions of two wards, towns, counties, assembly or congressional districts. Except as otherwise provided in a local or special act, it shall not be partly within and partly without a city. It shall not be partly within and partly without a village having five thousand or more inhabitants except with the written |