and shall also return the number of acres of land cultivated by such Indians, and such other statistics as it may be in their power to collect, and as the secretary of state in his instructions shall prescribe; for which service they shall be paid out of the treasury, upon the warrant of the comptroller, such suitable compensation, not exceeding two dollars per day, as the secretary shall certify to be just. All expenses incurred by the secretary of state executing this act, shall be paid by the treasurer upon the warrant issued by the comptroller. clerk to cause re bound. S17. It shall be the duty of each county clerk in this state, on County or before the first day of January next, and the first day of January following such tenth year, to cause all the original returns filed in turns to be his office by the respective marshals to be properly arranged by towns or wards and well bound up in one or more volumes, and carefully preserved among the records of his office; and if it has not already been done, he shall cause the returns of the United States census of eighteen hundred and fifty to be bound and preserved in like manner, and also the returns of any future census which the United States may hereafter take. *S 18. The third chapter of the fifth title of the first part of the Repeal. Revised Statutes, entitled "Of the census or enumeration of the inhabitants of the state," and also chapter two hundred and thirtynine of the Laws of eighteen hundred and fifty-four, entitled "An act to amend an act relative to the census or enumeration of the inhabitants of this state, passed May 7, 1845," are hereby repealed. *S 19. Each marshal shall receive for services rendered, under Compensa and by virtue of the act hereby amended, the sum of two dollars and no more for each day he is actually and necessarily employed, to be audited and allowed by the board of supervisors in the county where he shall reside. [1855, ch. 181, § 3.] CHAPTER IV. Of the Rights of the Citizens and Inhabitants of this State. [Passed December 1, 1827, and took effect January 1, 1830.] SEC. 1. All authority derived from the people. 2. Taxes, how levied. 3. Right to keep arms. 4. When citizens may be compelled to perform military service. 5. Certain persons to be excused from service. 6. Quartering of soldiers. 7. Rights of citizens secured. 8. Trial by jury preserved; new courts to proceed according to the course of the common law. 9. Religious worship to be free. 10. The writ of habeas corpus not to be suspended. 11. Search warrants regulated. 12. Accusations for criminal offenses, how to be made. 13. Principles of civil liberty declared respecting proceedings in criminal cases, and concerning the private right of property. 14. Rights of persons accused of crimes. 15. Justice to be speedily administered, and process to be granted to all persons. 16. Fines to be reasonable and proportioned to the offense. 17. Excessive bail not to be required, nor unusual punishments inflicted. 18. Elections to be free; no one to be disturbed in voting. 19. Right of petitioning declared. 20. Liberty of speech and of the press declared. 21. Truth to be given in evidence in prosecutions for libels, and jury to determine both law and fact. tion of marshals. 921 Vol. 1. SECTION 1. No authority can, on any pretense whatsoever, be All authori exercised over the citizens of this state, but such as is or shall be ty derived derived from and granted by the people of this state.1 11 R. L., 47, § 1. from the people. CHAP. IV. S2. No tax, duty, aid or imposition whatsoever, except such as Taxes, how may be laid by a law of the United States, can be taken or levied levied. within this state, without the grant and assent of the people of [Cons., art. i, § 6.] Right to keep arms. Military service by citizens. [93] Vol. 1. Who to be excused. Quartering soldiers. Rights secured. this state, by their representatives in senate and assembly; and no citizen of this state can be by any means compelled to contribute to any gift, loan, tax or other like charge, not laid or imposed by a law of the United States, or by the legislature of this state.1 3. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.2 4. No citizen of this state can be constrained to arm himself, or to go out of this state, or to find soldiers or men of arms, either horsemen or footmen, without the grant and assent of the people of this state, by their representatives in senate and assembly, except in the cases specially provided for by the constitution of the United States.3 $5. All such inhabitants of this state of any religious denomination whatever, as from scruples of conscience may be averse to bearing arms, are to be excused therefrom by paying to the state an equivalent in money; and the legislature is required to provide by law for the collection of such equivalent, to be estimated according to the expense, in time and money, of an ordinary ablebodied militia-man.4 S 6. No soldier can in time of peace be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.5 $7. No member of this state can be disfranchised, or deprived [Cons, art. of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers. 1, § 1.] Trial by jury. [Cons., art. 1, $ 2.] Religious worship. 1, § 3.] S8. The trial by jury, in all cases in which it has heretofore been used, is to remain inviolate forever; and no new court can be instituted but such as shall proceed according to the course of the common law, except such courts of equity as the legislature, by the constitution of this state is authorized to establish.7 $9. The free exercise and enjoyment of religious profession and [Cons, art. Worship, without discrimination or preference, is forever to be allowed in this state to all mankind; but the liberty of conscience so secured, is not to be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace or safety of this state. Writ of habeas corpus. [Cons., art. 1, § 4.] Search warrants. S 10. The privilege of the writ of habeas corpus cannot be suspended, unless when in cases of rebellion or invasion the public safety may require its suspension." S11. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, ought not to be violated; and no warrants can issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.10 11 R. L., 48, § 12. 2 2d amendt. cons. U. 8. 1 R. L., 48, § 12. 4 Cons., art. 7, $5.1 R. L., 48, $13; 3d amendt, to cons. U. S. 1 R. L., 47, §§ 2 and 5; Cons., art. 7, § 1. 7 Cons., art. 7, § 2. 8 Ib., Ib., § 6. 10 4th amendt, cons. U. S. $3. of crimes. [Cons., art. [94] $12. No person can be held to answer for a capital or otherwise infamous crime, (except in cases of impeachment; and in Accusation cases of the militia when in actual service, and of the land and naval forces in time of war, or which this state may keep, with i, § 6.] the consent of congress, in time of peace; and in cases of petit larceny, under the regulation of the legislature,) unless on presentment or indictment of a grand jury; and in every trial on imimpeachment or indictment, the party accused is to be allowed counsel as in civil actions, or he may appear and defend in person.' $13. No person can be subject for the same offense, to be twice Criminal put in jeopardy of life or limb; nor can he be compelled in any criminal case to be witness against himself; nor be deprived of life, liberty or property, without due process of law; nor can pri- property. vate property be taken for public use without just compensation.2 Vol. 1. proceedings Private accused S 14. In all criminal prosecutions, the accused has a right to a Rights of speedy and public trial by an impartial jury, and is entitled to be persons. informed of the nature and cause of the accusation, to be confronted with the witnesses against him, and to have compulsory process for obtaining witnesses in his favor.3 Justice to be speedy. S 15. Neither justice nor right should be sold to any person, nor denied, nor deferred; and writs and process ought to be granted freely, and without delay, to all persons requiring the same, on Process. payment of the fees established by law.1 $ 16. No citizen of this state ought to be fined or amerced with- Fines. out reasonable cause, and such fine or amercement should always be proportioned to the nature of the offense.5 $17. Excessive bail ought not to be required, nor excessive Bail, &c. fines imposed, nor cruel nor unusual punishments inflicted. [Cons., art. 1, § 5]. $ 18. All elections ought to be free; and no person, by force of Elections. arms, malice, menacing, or otherwise, should presume to disturb or hinder any citizen of this state in the free exercise of the right of suffrage. $ 19. It is the right of the citizens of this state to petition the Right to governor, or either house of the legislature; and all commitments petition. and prosecutions for such petitioning are illegal. speech, &c. $20. Every citizen may freely speak, write and publish his Liberty of sentiments on all subjects, being responsible for the abuse of that [Cons, art. right; and no law can be passed to restrain or abridge the liberty 1,58.] of speech or of the press." tions for S21. In all prosecutions or indictments for libels, the truth Proscecumay be given in evidence to the jury; and if it shall appear to the libel; projury that the matter charged as libelous is true, and was published ceedings.. with good motives and for justifiable ends, the party is to be acquitted; and the jury have the right to determine the law and the fact.9 1 Cons., art. 7, § 7. Cons., art. 7, 7. 36th amendt. cons. U. S. 41 R. L., 48, § 6. Ib., § 7. Ib., 58, 8th amendt. to cons. U. S. 71 R. L., 48, § 9. Ib., § 10. Cons., art, 7, § 8. Classification of the CHAPTER V. Of the Public Officers of this State, other than Militia and Town Officers; their election or appointment; their qualifications, and the tenure of their offices. TITLE 1. Of the number, location and classification of the public officers of the state. TITLE 2. Of legislative officers. TITLE 5.-Of administrative officers. TITLE 6.-General provisions applicable to all the civil officers of this state, or certain classes of them. TITLE I. Of the number, location and classification of the Public Officers of the state. SEC. 1. Names and number of the several civil officers. 2. Common councils of cities (except New York) to determine the number of commissioners of deeds and notaries. 3. Copy of such determination to be transmitted to governor. 4. Nominations to be made conformable to such determination. 5. Common councils of cities (except New York) to limit number of commissioners of deeds. 6. What offices to be vacated under this chapter. 7. In certain cases no new appointment to be made. 8. County judges and recorders, where to reside. 9. Surrogates, &c., local officers. 10. Justices of the peace, where to reside, &c. 11. Commissioners of deeds, where to reside, &c. 12. Notaries public, where to reside, &c. 13. Sheriffs, &c., where to reside. 14. Administrative officers confined in the execution of their duties. SECTION 1. There shall be elected or appointed, in the manner civil officers hereinafter declared or prescribed, the following civil officers, who shall be arranged in classes to be denominated legislative, executive, judicial and administrative; but this classification shall not be construed as defining the legal powers of the officers that shall be assigned to either class.1 Legislative, Vol. 1. [96] Executive. 1. In the class of Legislative Officers. Thirty-two senators; One hundred and twenty-eight members of the assembly; A clerk, a sergeant-at-arms, a door-keeper, and so many assistant door-keepers, messengers, and other subordinate officers for each house of the legislature, as such houses shall respectively deem necessary. 2. In the class of Executive Officers. A governor and lieutenant-governor; A secretary of state, a comptroller, a treasurer, an attorneygeneral, [and a state engineer and surveyor.]2 A private secretary for the governor, and a door-keeper of the executive chamber. 1 The constitution adopted in 1846, having abolished many of the offices previously existing, and abrogated most of the provisions of this title, the editors have modified it so as to make it conform to the existing provisions of law. The changes are indicated by the notes and references. 2 Const. art. v., § 2. 3. In the Class of Judicial Officers. Eight judges of the court of appeals, of whom four shall be elected by the electors of the state for eight years and four selected from the class of justices of the supreme court having the shortest time to serve.1 Four justices of the supreme court in each [of the eight judicial] districts [except the first district, comprising the city and county of New York.]3 A clerk for the court of appeals, to be ex officio clerk of the supreme court, and to keep his office at the seat of government. A reporter of the decisions of the court of appeals, to be denominated the "state reporter."'5 In each of the counties of this state, except the city and county of New York, one county judge. 7 TITLE 1. A surrogate for the city and county of New York, and one for Surrogate. each of the counties of the state, except New York, having a population exceeding forty thousand, in which the board of supervisors, at any meeting of such board, may by resolution provide for the election of such officer other than the county judge. 8 County Special County In each of the counties of Jefferson, Oneida, St. Lawrence, Special Oswego, Orange, Chautauque, Cayuga and Tioga, a special county judge. judge; and in such of the said counties where the office of county judge and surrogate shall be separate, a special surrogate.9 In each of the counties of Essex,10 Sullivan," Tompkins,12 and judge and Washington, a special county judge and surrogate. Six justices of the superior court of law, in and for the city New York, and a clerk of the said court.14 of surrogate. Justices of super, or court, New York. Judges and common Pleas New Three judges of the court of common pleas, for the city county of New York; 15 A city judge in the city and county of New York ;16 a city judge New York in the city of Brooklyn, and a clerk of the city court of said city.17 Broc A clerk, a sheriff, and a district attorney for each county; Clerk. Four coroners for every county in the state;18 Brooklyn. Coroners. &c., New A register for the city and county of New York, and a deputy Register register and an assistant-deputy register to be appointed by the York. register;19 a clerk of the court of oyer and terminer and general sessions of the same city, and a clerk of the superior court and of the court of common pleas for the city and county of New York.20 Three justices of the superior court in and for the city of Justices Buffalo.21 superior court Buffalo. A register in and for the county of Kings, and a deputy-register Register to be appointed by the register."2 &c., for Kings Register A register in and for the county of Westchester, and a deputy county. to be appointed by the register.25 &c, for West A recorder of each of the cities of Albany, New York, Hudson, chester Troy, Schenectady," Utica,25 Oswego and Poughkeepsie." 1 Ib. art. vi., § 2. 2 Id. ib., § 4.3 Ch. 374 of 1852, § 8. 4 Const., art. vi., § 19. Ch. 280 of 1847, § 73, as amended by ch. 224 of 1848, § 2. Const. art. vi., § 14. 7 Const., art. xiv., § 12. 8 Const., art. vi., 14, and Laws 1847, ch. 276, §§ 2 and 8. Laws of 1849, ch. 306, as amended by ch. 108 of 1851. 10 Laws of 1857, ch. 461. 11 Laws of 1854, ch. 88, 12 Laws of 1858, ch. 279. 13 Laws of 1855, ch. 148. 14 Laws 1828, ch. 137, as amended by ch. 124 of 1849. 15 Laws of 1847, ch. 255. 16 Laws 1850, ch. 205. 17 Laws 1849, ch. 125. 18 As amended, ch. 289 of 1852. 19 Laws 1853, ch. 610. 20 Laws of 1828, ch. 137, § 19, and 1843, ch. 88. 21 Laws of 1854, ch 96. 22 Laws of 1852, ch. 83. 23 Laws 1858, 24 Laws 1833, ch. 293. 25 Laws 1844, ch. 319. 26 Laws 1848, ch. 116. 27 Laws 1854, ch. 90. ch. 293. county. Recorder. |