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REPORT ( I ^ 
 
 FROM THE hfatfa 
 
 COMMISSIONERS 
 
 APPOINTED TO REVISE 
 
 THE STATUTE LAWS 
 
 OF THE 
 
 STATE OF NEW- YORK, 
 
 Prepared in obedience to a Resolution of the 
 Hon. the Assembly. 
 
 COMMUNICATED MARCH 15, 1826. 
 
 JlLBjlA Y: 
 
 PRINTED BY CROSWELL, BARNUM & VAN BENTHUYSEN 
 
 1826. 
 
{FN 
 
 A?. 
 
Albany, March 15th, 1826. 
 
 Sir, 
 
 We have the honor to transmit herewith, a report 
 from the revisers of the laws, prepared in obedience 
 to a resolution of the honorable the Assembly. 
 We are, Sir, 
 
 With great respect, 
 Your ob ? t. servants, 
 JNO. DUER, 
 B. F. BUTLER. 
 H. WHEATON. 
 
 The Hon. Samuel Young, 
 Speaker of the Assembly. 
 
To the Honorable the Assembly of the State of New- 
 York. 
 
 In obedience to the resolution of the honorable the 
 Assembly of the 2nd instant, requesting the revisers of 
 the laws to state " what progress they have made in 
 the duties assigned them, and at what time, in their 
 opinion, they will be ready to report/' we have the 
 honor to submit the following Report. 
 
 By the act of the 21st of April, 1825, we were au- 
 thorised to collate and revise all such public statutes of 
 this state, of a general and permanent nature, as were 
 in force at the close of the last session of the legislature. 
 In the performance of that duty, we were directed 
 among other things — 
 
 1. To collect and reduce into one act the different 
 acts and parts of acts, which, from similarity of sub- 
 ject, we should think it proper to consolidate. 
 
 2. To distribute the acts to be revised and consoli- 
 dated, under such titles, divisions and sections, as we 
 should think proper. 
 
 3. To omit all such acts or parts of act3 as had been 
 repealed, or had expired by their own limitation, or 
 were repugnant to the provisions of the present con- 
 stitution of the state. 
 
 4. To suggest to the legislature such contradictions, 
 omissions, or imperfections as should appear in the acts 
 to be revised, and the mode in which the same might 
 be reconciled, supplied or amended. 
 
 5. To designate such acts or parts of acts, if any, as 
 ought in our judgment to be repealed, with our rea- 
 sons for advising such repeal. 
 
 6. To recommend the passage of such new acts ov 
 parts of acts, as such* repeal might in our judgment 
 render necessary. 
 
6 
 
 7. To complete the revision in other respects, in 
 such manner as we should deem most proper, to render 
 the statutes more plain and easy to he understood. 
 
 And 8. To lay before the legislature, from time to 
 time the acts revised and arranged by us, to be re-en- 
 acted if the legislature should so determine. 
 
 It was however expressly provided in the act, that 
 no change should be made by us in the phraseology or 
 distribution of the sections of any statute, that hadHbeen 
 the subject of judicial decision, by which the construc- 
 tion of the statute, as established by such decision, 
 should be affected or impaired. 
 
 Prior to the passage of this act, the project of a re- 
 vision and consolidation of the statutes in a more me- 
 thodical arrangement, and in a style more simple and 
 intelligible, than had before been attempted in this 
 state, accompanied by a specimen, had been laid be- 
 fore the legislature by two of our number : and the act 
 appointing us, was passed in conformity with the plan 
 thus proposed. 
 
 Immediately after our appointment, we entered up- 
 on the performance of our duties, with a deep convic- 
 tion of the great importance and responsibility of the 
 trust confided to us, and with an earnest desire to re- 
 alize the hopes, and justify the confidence of the le- 
 gislature. 
 
 It was obvious that we could not enter on the labor 
 of actual revision, with any satisfaction to ourselves, or 
 much prospect of utility to the public, until the statutes 
 meant to be revised, had been arranged and classified. 
 It was thus only that we could be enabled to trace with 
 accuracy and precision, the outlines of the scheme which 
 we hoped to complete ; ascertain the best mode of a- 
 bridging, by simplifying our labors : and prepare for 
 
7 
 
 submitting their results to the legislature with the least 
 delay, and in a form, which* whilst it would assist their 
 deliberations in matters of detail, would authorise them 
 to pronounce, definitively, on the probable value of a 
 revision, conducted on the principles proposed. It 
 soon appeared, that the arrangement we meditated 
 could not be effected, without a careful analysis of the 
 various subjects embraced within the scope of our pub- 
 lic laws. To the formation therefore of a general plan 
 of the work, founded on such an analysis, our attention 
 and thoughts were first directed ; with a solicitude 
 heightened by the reflection, that the discovery, in a 
 future stage of our progress, of any material defect in 
 the arrangement, might render useless, to a considera- 
 ble extent, the labor already performed. 
 
 After mature consideration we came to the conclu- 
 sion, that the statutes in the proposed revision, ought 
 to be arranged and classified as follows — 
 L Those which relate to the territory ; the political 
 divisions; the civil polity ; and the internal admin- 
 istration of the state. 
 
 II. Those which relate to the acquisition^ the enjoy- 
 ment, and the transmission of property, real and 
 personal ; to the domestic relations ; and generally 
 to all matters connected with private rights. 
 
 III. Those which relate to the judiciary establish- 
 ments, and the mode of procedure in civil cases. 
 
 IV. Those which relate to crimes and punishments ; 
 to the mode of procedure in criminal cases; and to 
 prison discipline. 
 
 V. Public laws of a local and miscellaneous character ; 
 including the laws concerning the city of New- York ; 
 acts incorporating cities and villages ; and such other 
 acts of incorporation as it may be deemed necessary 
 to publish. 
 
8 
 
 We were led to this general arrangement, as the 
 most natural, and at the same time the most scientific, 
 of which the subject was capable. It had also the re- 
 commendation of suiting, better than any other, the 
 actual state of our jurisprudence : serious alterations 
 having been proposed, in the judiciary establishments, 
 upon which it was desirable to obtain an expression of 
 the sense of the legislature, before the revision of the 
 laws arranged under the third and fourth heads. 
 
 In addition to its advantages in those respects, it 
 possesses others of perhaps greater moment, which it 
 may be proper to enumerate. One of the first objects 
 intended to be effected by the proposed revision of the 
 statutes, was their accommodation to the provisions of 
 the amended constitution. The laws which fall under 
 the first head, have a closer connexion with that in- 
 strument, than any others now in force ; and it was 
 therefore thought proper to commence our labours 
 with them. On the other hand, as they have grown 
 out of our peculiar form of government, they are for 
 the most part independent of the common law ; and 
 have but little connexion with the general civil, or 
 criminal code. When detached from the other sta- 
 tutes, they will form a body of constitutional and ad- 
 ministrative law, which is capable of being reduced to 
 the simplest form, and the most orderly arrangement. 
 As they have but rarely been made the subject of ju- 
 dicial decision ; and as no general rules of property de- 
 pend upon them ; their phraseology maybe improved, 
 without endangering titles to property, or disturbing 
 the rules by which private rights have been governed. 
 It is obvious therefore, that to these statutes, our plan 
 of consolidation and amendment, may be applied with 
 greater facility and less hazard, than to any other por- 
 
9 
 
 tion of the written law. This latter consideration was 
 of itself sufficient to gov ern our decision. 
 
 We trust therefore, that the proposed classification 
 will meet the approbation of the legislature. 
 
 The general arrangement having been fixed, a care- 
 ful analysis was made of all the public statutes in force 
 at the close of the last session, in order to select for im- 
 mediate revision, such of them as fell under the first 
 head. That part of the work was then divided into 
 chapters as follows. 
 
 Chapter I, to be entitled, " Of the boundaries of the 
 state and its territorial jurisdiction," and to contain 1, 
 Those provisions of the existing laws which relate to 
 the territorial limits of the state. 2, Those which re- 
 late to its jurisdiction over such limits, and 3, An enu- 
 meration and description of the exceptions made to such 
 jurisdiction, by the cession of particular places to the 
 United States. 
 
 Chapter II, to be-entitled, "Of the civil divisions of 
 the State," and to contain an enumeration and descrip- 
 tion 1, Of the several counties of the state. 2, Of 
 the senate districts. 3, Of the congress districts. 4, 
 Of the towns. 5, Of the cities. 6, Of the incorporated 
 villages. 7, General prospective regulations in rela- 
 tion to the creation and division of counties and towns, 
 and the incorporation of cities and villages. 
 
 Chapter III, to be entitled, 66 Of the census or enu- 
 meration of the inhabitants of the state," and to con- 
 tain permanent regulations for taking the census, ac- 
 cording to the constitution ; being a revision of the act 
 of the 8th of April, 1825. 
 
 Chapter IV, to be entitled, " Of the public officers, 
 their qualifications, privileges and disabilities; the 
 mode of their election or appointment; and the tenure 
 
 2 
 
10 
 
 of their respective offices/' and to contain 1, An enu- 
 meration of all the officers of the state, their location 
 and number. 2, A classification of the civil officers, and 
 general provisions relating to commissions, resigna- 
 tions, removals, the mode of supplying vacancies, &c. 
 3> The qualifications, mode of appointment, tenure of 
 office, privileges and disabilities, of executive, legisla- 
 tive, judicial, administrative, and military officers. 
 
 Chapter V, to be entitled, " Of elections other than 
 for town officers," and to contain regulations concern- 
 ing 1, The qualifications, disabilities and privileges 
 of the electors. 2, General and special elections. 3, 
 The mode of notifying elections. 4, The mode of con- 
 conducting them. 5, The canvass and mode of declar- 
 ing and certifying the result. 6, The forms necessary 
 to carry into effect the provisions of the chapter. 
 
 Chapter VI, to be entitled, " Of the duties, privi- 
 leges, and disabilities of the legislative and principal 
 executive officers of the state," ancT to contain a revision 
 of those provisions which relate 1, To the duties, &c. 
 of the Governor, the Secretary of State, the Attorney- 
 General, the Surveyor-General, and Commissioners of 
 the Land-Office, the Comptroller and the Treasurer, 
 and 2, To the duties, &c. of Legislative officers. 
 
 Chapter VII, to be entitled, " Of the powers, duties 
 and privileges of towns," and to contain 1, Certain ge- 
 neral provisions. 2, Town meetings, and the time, pur- 
 poses and manner of holding the same. 3, The quali- 
 fications of town officers, and the tenure of their offices. 
 4, Vacancies in town offices and the mode of supplying 
 them. 5, Duties of town officers. 6, Town charges, and 
 the mode of defraying them. 
 
 Chapter VIII, to be entitled, " Of the powers, du- 
 des, and privileges of Counties," and to contain 1 . 
 
11 
 
 Certain general provisions. 2, County officers and 
 their duties, viz. Board of Supervisors and County 
 Treasurer. 3, County charges and the mode of defray- 
 ing them. 
 
 Chapter IX, to be entitled, 66 Of the salaries and 
 fees of the several offices of this state, except those 
 connected with the judiciary. " 
 
 Chapter X, to be entitled, " Of the public property 
 and the funds of the state," and to contain such statu- 
 tory provisions as relate 1, To the public property, 
 viz. the public lands, the salt springs, and the Erie 
 and Champlain Canals. 2, To the funds of the state, 
 and 3, To its revenue. 
 
 Chapter XI, to be entitled, " Of the assessment and 
 collection of Taxes," and to contain a revision of the 
 tax law of 1823, and the subsequent amendments. 
 
 Chapter XII, to be entitled, 66 Of the militia, and the 
 public defence," and to contain a revision of the exist- 
 ing laws relating to those subjects. 
 
 Chapter XIII, to be entitled, " Of the public health,'* 
 and to contain a revision of the laws concerning Hos- 
 pitals, and of the quarantine and other health laws. 
 
 Chapter XIV, to be entitled, "Of public instruction," 
 and to contain a revision of the present laws relative to 
 1, The Regents of the University. 2, Colleges, and 
 the College of Physicians and Surgeons. 3, Common 
 Schools. 4, The incorporation of medical^ literary, 
 library, and other societies, connected with science or 
 the arts. 
 
 Chapter XV, to be entitled, "Of agriculture, trade 
 and manufactures," and to contain a revision of the 
 laws for the improvement of agriculture ; the inspection 
 and auction laws ; and the statutory provisions concern- 
 ing trade and manufactures. 
 
1% 
 
 Chapter XVI, to be entitled, "Of Highways and 
 Bridges," and to contain a revision of the general and 
 special acts concerning highways. It is proper to ob- 
 serve, that these acts and those relating to the assess- 
 ment and collection of taxes, were revised with great 
 care and ability by one of the gentlemen named in the 
 act of the 27th of November, 1824, prior to his resig- 
 nation. * The acts drawn up by him will give us great 
 aid in the compilation of chapters XI, and XVI, though 
 as they were framed after the model of the former re- 
 visions, they cannot be adopted in their present form. 
 
 Chapter XVII, to be entitled, " Of Ferries." 
 
 Chapter XVIII, to be entitled, " Of the internal po- 
 lice of the state," and to contain many subjects of a 
 miscellaneous nature. 
 
 Chapter XIX, to be entitled, "Of the publication and 
 construction of the statutes of this state, and to contain 
 1, Certain general provisions in relation to the pub- 
 lication of the statutes, and the time from which they 
 shall take effect. 2, General rules of construction, es- 
 pecially with reference to terms used in the preceding 
 statutes, in a peculiar sense. 
 
 The revision of the statutes which fall under the 
 first general head, having furnished us sufficient em- 
 ployment, we have not yet attempted an analysis of the 
 other parts of the work ; but we have devoted much 
 of our time since the last session of the legislature, to 
 the preliminary studies, and enquiries, which were 
 necessary to a thorough examination of the whole body 
 of the statute law ; and shall be prepared, on the com- 
 pletion of the first part, to proceed in the others with- 
 out delay. 
 
 In the mean time, we have completed a eonsidera- 
 
 * Erastus Root, Esq. 
 
13 
 
 ble portion of the first part, and would have presented 
 several chapters to the legislature for enactment ; had 
 we not discovered; that there was such a connexion be- 
 tween its several divisions, that it was essential to the 
 successful execution of our plan, that the whole of this 
 part should be completed, before any portion should be 
 reported for enactment. 
 
 It would have given us great pleasure to have been 
 able to present it entire at the present session. That 
 however we have found to be wholly impracticable. — 
 A glance at the numerous and comprehensive subjects 
 embraced within it, will show its great extent. In- 
 deed, after deducting acts of incorporation, and local 
 laws, more than three fourths of the existing public 
 statutes will fall under this head. It now fills nearly 
 1200 octavo pages : and though we shall make great 
 reductions by consolidating different acts, and simpli- 
 fying the language : yet as we shall be obliged to pro- 
 pose many new provisions, for the purpose of supply- 
 ing omissions, we cannot hope to reduce it to less than 
 half its present extent. It will still form an entire vol- 
 ume. 
 
 In addition to the great extent of this part ; the in- 
 trinsic difficulties of our task, and the course of labor we 
 have adopted, have rendered our progress exceeding- 
 ly slow. The various enactments applicable to the 
 first general division, are to be separated from the mass 
 of statutes, with which they are now intermixed ; they 
 are then to be classified in appropriate chapters, and 
 arranged in suitable subdivisions. The like process is 
 to be adopted with the contents of each minor division; it 
 being a material, and as we conceive, a most important 
 part of our plan, to preserve in the distribution of the 
 sections; the same regard to method; at which we aim 
 
14 
 
 in the general divisions. In the progress of the work, 
 many changes in the arrangement originally contem- 
 plated ; frequent transpositions in the order of the sub- 
 jects ; and new divisions and subdivisions of the differ- 
 ent parts, become necessary. It is not until successive 
 experiments have been actually made, that it can be 
 satisfactorily ascertained, under what general head the 
 subjects of some of the acts, may most properly be 
 comprised. But the most serious portion of our labor 
 is the drawing up of the text itself. To reduce the 
 sections to a proper brevity ; to distribute them in a 
 suitable manner ; and to simplify the language in which 
 they are written ; it becomes absolutely necessary to 
 write the whole with our own hands, and often to give 
 our draughts several revisions, before we can so far sa- 
 tisfy ourselves, in regard to arrangement and expres- 
 sion, as to authorise the employment of a copyist. We 
 can therefore derive but little aid from clerks or aman- 
 uenses ; nor have we thought it consistent with the 
 great importance of the trust confided to us, to leave to 
 any one of our number exclusively, the completion of 
 any part of the work, though by such a division of labor, 
 our progress might have been hastened. To preserve 
 uniformity of expression, and to make our performan- 
 ces in every sense of the words, joint and several, we 
 have adopted the plan of allotting to each other, from 
 time to time, convenient portions of the statutes ; of 
 committing the draughts prepared by each to the sepa- 
 rate and critical revisal of the others ; and then of sub- 
 jecting them to the joint examination of all. An allu- 
 sion to these topics seems necessary to impart a just 
 view of the nature of our task, and of the time and la- 
 bor which are requisite to its successful execution ; and 
 it is made for that purpose only. 
 
lb 
 
 If however we could have overcome these difficul- 
 ties; other reasons would have compelled us to defer 
 the completion of this part of the work, until after the 
 present session ; to some of which it is proper to refer. 
 
 1. We have found it impracticable to complete 
 Chapter II, to our satisfaction, although much time 
 and labor have been applied to it. Many of the coun- 
 ties into which the state was divided at the last re- 
 vision of the laws, have since that time been divided, 
 or otherwise altered in their limits. In many of those 
 cases, it is exceedingly difficult to draw up from the 
 different statutes, correct descriptions of the bounda- 
 ries. The same remark applies, and with increased 
 force, to the towns, more than two hundred new towns 
 having been created since the last revision. In many 
 cases we think it impossible, to describe the counties 
 and towns with that accuracy which is desirable, un- 
 less we can be furnished with correct maps and de- 
 scriptions. In this opinion the surveyor-general, 
 whom we have consulted, concurs. By the 31st sec- 
 tion of the act relative to the duties and privileges of 
 towns, (2. R. L. 136,) the surveyor-general is author- 
 ised, in certain cases, to apply to the supervisors of 
 towns for special surveys of their bounds. By exer- 
 cising the power conferred in this section, the difficul- 
 ties above mentioned may be obviated. We would 
 therefore, respectfully submit it to the legislature, 
 whether it would not be proper to commit to that 
 officer, the drawing of these descriptions, or to confer 
 on the revisers, the power possessed by him. 
 
 2. Much labour has been bestowed on Chapter VI, 
 but we have thought it important before we comple- 
 ted that part of it, which related to the duties of the 
 comptroller, to obtain the assistance of that officer ; in 
 the organization of whose office, it is believed that 
 
16 
 
 great improvements may be made. He sometime since 
 engaged to revise that part of our act, which related 
 to his department ; but has been prevented from giv- 
 ing us his aid, by the various duties which have pressed 
 upon him for several months past, and which will 
 continue to employ him during the session of the le- 
 gislature. 
 
 3. We have not been able to complete Chapters VIII 
 and XI, inasmuch as several topics connected with 
 their contents, were referred to the comptroller, by a 
 joint resolution of the legislature, passed April 21st, 
 1825. That officer in January last made a report 
 pursuant to the resolution, accompanied by two bills. 
 We have deemed it necessary to suspend the completion 
 of the chapters alluded to, until we should learn the 
 decision of the legislature on those bills. For the like 
 reason, it has been found necessary to suspend Chapter 
 XIV, several important amendments to the common 
 school system being now pending in the legislature. 
 
 Notwithstanding these hindrances, we have made 
 such progress in the first part of the work, that we 
 shall be able to report it complete on the first day of 
 the next session. 
 
 Opportunity having been afforded us for a farther 
 trial of the plan proposed at the last session ; it may be 
 expected that we should express an opinion as to its 
 practicability and advantages. Experience enables us 
 to say, that in our judgment it maybe applied to that 
 portion of the statutes, placed under the first general 
 head, with entire success. We think also that the 
 statutes concerning the judiciary establishments ; the 
 modes of procedure ; and the criminal law ; may also 
 be consolidated, revised and arranged after the same 
 model. We may indeed speak with some confidence 
 
17 
 
 on this point; as the specimen presented at the last ses* 
 sion, contained a partial revision of the acts concern- 
 ing the courts of justice, and the mode of procedure, 
 and received, though a first effort, the approbation of 
 the legislature'. It has also been carefully examined 
 by many of our best lawyers, whose favorable opinions, 
 expressed in some cases, after overcoming prejudices 
 imbibed against the plan without fully understanding 
 it, have given us the greatest encouragement. 
 
 With respect to the class of statutes falling under 
 the second general division, the difficulties to be met, 
 and the caution to be exercised, are much increased 
 by the considerations, that most of those statutes affect 
 titles to property ; and that almost every line of them 
 has been the subject of judicial interpretation. Many 
 of our professional brethren, for whose opinions w r e 
 entertain the highest respect, are averse to any, even 
 the least alteration,in their phraseology or arrangement, 
 lest rules of property should be altered, and decisions 
 overturned. Objections founded on similar apprehen- 
 sions, have indeed been urged as applicable to our plan 
 of revision, in its whole extent. Confined to the sta- 
 tutes of which we now speak, we are fully sensible 
 that they deserve to be weighed with great delibera- 
 tion; but when extended to the laws embraced in the 
 first division of our work, for reasons to wiiich we have 
 already adverted, and from the experiments already 
 made, we cannot think them entitled to much conside- 
 ration. When we shall have completed the revision 
 of these laws, it will become our duty, in submitting 
 them to the legislature, to communicate our matured 
 opinions, in relation to the best mode of prosecuting 
 the residue of the work ; and our future course will 
 be governed by tlie directions which we shall then re- 
 ceive. 3 
 
18 
 
 As to the first part of the work, we repeat, that m 
 our judgment, there are no difficulties to be encounter- 
 ed in the execution of our plan, which care and labour 
 may not surmount, nor any dangers to be apprehend- 
 ed, from its liberal application. And if we should 
 merely reduce that portion of the statutes to order 
 and simplicity, and leave the others as they now stand ; 
 or rather revise them after the models of 1801 and 
 1813 ; we conceive that a great service will have been 
 rendered to the state. 
 
 The laws which fall under the first head are of the 
 most general application. They prescribe the duties 
 of our public officers of every grade, and regulate the 
 daily proceedings of our citizens. It is not to be ex- 
 pected that the other branches of the written law, can 
 ever be rendered perfectly intelligible, to any but pro- 
 fessional men But every public officer, and we might 
 almost say, every citizen engaged in active business, is 
 required to act upon these statutes; and frequently un- 
 der circumstances which render professional advice 
 unattainable. They ought therefore to be made, if 
 human language will permit it, so simple and intel- 
 ligible, as to be level to the comprehension of all, who 
 are obliged to consult them. These considerations do 
 not seem to have been much attended to by their au- 
 thors. Many of these statutes have not only been 
 drawn up carelessly aud immethodically ; but in all of 
 them, numerous propositions are crowded together in 
 the same section, and words multiplied without motive 
 or necessity. These defects we have endeavoured to 
 remedy. It has been our study in the chapters we 
 have commenced, to adopt the most simple arrange- 
 ment ; to confine the sections to short propositions ; 
 to omit unnecessary words ; and to avoid, as far as prac- 
 ticable, all ambiguities of expression. To illustrate 
 
19 
 
 the nature and practicability of our plan, as applicable 
 to this part of the work ; we have appended to this re- 
 port chapters V, and VII, and to facilitate a compari- 
 son of their contents, with the existing laws relating to 
 the same subjects, we have also subjoined copies of the 
 latter. It will be seen on such comparison, that those 
 chapters in their present form, can hardly be called 
 revisions of the existing laws ; many changes having 
 been made, and many new provisions introduced. — 
 In performing that part of our duty, which requires 
 us to suggest to the legislature " such contradictions, 
 omissions or imperfections" as may be found in the acts 
 to be revised, with the mode in which they may be 
 " reconciled, supplied or amended" ; and to recom- 
 mend " the repeal of such acts or parts of acts" as 
 ought in our judgment to be repealed ; we have deem- 
 ed it most expedient to prepare draughts of the statutes, 
 as they will appear, after such contradictions, omis- 
 sions or imperfections have been remedied, and after 
 the parts proposed to be repealed, have been omitted. 
 It was supposed that the propriety of such alterations 
 would best be explained and understood, by an actual 
 exhibition of the text, as it would stand, after the pro- 
 posed changes had been made, and in connexion with 
 those provisions of the present laws, that were intended 
 to be retained. This course is the more readily adopted, 
 as, generally speaking, the new parts will form distinct 
 sections, any of which may be omitted by the legisla- 
 ture at their pleasure. The two chapters now pre- 
 sented have been prepared in that manner. In com- 
 piling them, we are sensible, that we have carried to 
 their full extent, the powers given us by the legisla- 
 ture. We have however, made no changes or addi- 
 tions, for which there did not appear sufficient reasons 
 to our minds. In addition to the occasional remarks 
 
20 
 
 added to the specimens, we would observe, generally, 
 that in the election law, we have endeavored to supply 
 existing defects or omissions, (particularly as to spe- 
 cial elections) — to furnish additional guards against 
 abuses — to render the whole system more simple and 
 consistent — and to secure the regularity, order and 
 solemnity of the proceedings at the poll. In the other 
 chapter, our great object has been, to render the du- 
 ties of town ofiicers more plain, and to give something 
 of form to the proceedings of town meetings, which are 
 too important, as we conceive, to be left, as they now 
 are, almost entirely without regulation. 
 
 Though we have bestowed great pains upon the 
 chapters herewith presented, yet we feel it due to our- 
 selves, to offer them as specimens merely. In the 
 course of our labors they will be carefully revised, for 
 the purpose of detecting such omissions or ambiguities, 
 as yet exist in them. 
 
 We avail ourselves of the present occasion, to notice 
 some subjects to which our attention has been special- 
 ly called by the legislature. 
 
 By a resolution of the Senate, passed in April last, a 
 bill entitled " An act for the punishment of certain 
 crimes above the degree of petit larceny," was refer- 
 red to us. The defects of our criminal code were also 
 adverted to by his Excellency the Governor, in his 
 message to the legislature at the commencement of the 
 present session. That part of the message has been 
 subsequently referred to us, by the Senate. The re- 
 marks of his Excellency in his message, as well as of the 
 committee of the Senate in their report on this subject, 
 evidently contemplate the formation of a new and com- 
 plete code of penal law adapted to the genius of our 
 government, and the enlightened policy of the age. We 
 are not insensible to the force of the considerations by 
 
21 
 
 which this measure is recommended. The defects of 
 our criminal laws, as well in the classification and defp 
 nition of crimes ; as in the arbitrary nature of the dis- 
 cretion to which their punishment is intrusted ; have 
 long been confessed by all, whose unprejudiced reflec- 
 tions have been directed to the subject : but we are 
 convinced, that an innovation of such magnitude, as the 
 formation of a new system in this or any other branch 
 of the law, was not in the contemplation of the legisla- 
 ture by whom we were appointed. And although we 
 would not shrink from the labors and difficulties of the 
 task, if sufficient time were allowed for its completion ; 
 we do not feel authorised to assume the responsibility 
 of its execution, until the intentions of the legislature 
 shall have been more distinctly and fully expressed- 
 On this subject however, it is not now necessary for 
 us to enlarge, nor for the legislature to decide. It 
 will have been perceived, that by the arrangement 
 we have adopted, the revision of the penal statutes 
 is deferred, until nearly the conclusion of our work. 
 Independently of the consideration, that no complete 
 system of penal law can be framed, until those laws 
 which relate to the political establishments and to pri- 
 vate rights, are settled ; there are other reasons in favor 
 of delay. A great experiment is now making in Lou- 
 isiana, under the auspices of an accomplished jurist, a 
 native of this state. Extensive reforms in the penal 
 law are also meditated in England, and we look to that 
 country, as well as our sister state, for instruction and 
 examples. 
 
 By a resolution of the Assembly passed at the close 
 of the last session, the petition of George Casey and 
 others, inhabitants of the county of Cayuga, was also 
 referred to us. The petitioners complain " that our 
 
22 
 
 present system of law, together with the rules and re- 
 gulations of our courts of record, have been copied 
 from the English practice," and pray that they may be 
 abolished, and that a system, " formed on the plain and 
 simple principles of common sense/' less technical and 
 expensive, may be substituted in its stead. They also 
 complain of " the enormous bills of costs allowed in the 
 higher courts of this state," as a grievance which ought 
 to be redressed. 
 
 A petition in the same terms, but signed by other 
 persons, was also presented to the Senate at the last 
 session. It was referred by that body to the commit- 
 tee on the judiciary, whose report may be found in 
 the journals of the Senate for 1825, at page 320. 
 
 In the opinion of that committee, the subject matter 
 of the petition taken in connexion with its prayer, in- 
 volved the examination of two questions of great diffi- 
 culty and importance. 1, Whether the whole body 
 of our laws may not be reduced to a written code or 
 text, and comprised within a moderate compass ? and 
 2, Whether the existing practice of our courts of law, 
 (which is substantially the English practice with some 
 amendments,) ought not to be reformed and simplified? 
 
 Although the consideration of the former of these 
 questions is not within the scope of our labors, which 
 relate exclusively to that portion of our law, already 
 reduced to writing, we have given to it a careful ex- 
 amination. 
 
 The practicability and advantages of reducing the 
 common law of England to a written code, have recent- 
 ly been maintained in that country, by several able 
 writers. In this country also, similar opinions have 
 been advanced by some of our ablest jurists ; and we 
 think those opinions are gradually gaining ground in 
 
23 
 
 both countries. On the other hand, a majority of the 
 legal profession in each, is averse to the scheme. The 
 arguments on both sides have been so fully exhibited, 
 in the great literary journals of the age, and in various 
 cotemporary publications, that we do not think it use- 
 ful to engage in the discussion. At the same time, in 
 order to comply with the requirements of the refer- 
 ence, and to avail ourselves of such knowledge on kin- 
 dred topics, as might facilitate the performance of our 
 primary duties, we have sought for information from 
 those countries, in which similar experiments have 
 been made, and shall endeavour, on some future occa- 
 sion, to lay the results before the legislature. 
 
 The other topic comes more properly within the 
 range of our enquiries ; many parts of the practice 
 being regulated by statutory provisions. We fully 
 concur with the committee of the senate, in the opin- 
 ion, " that very important reforms may be made in the 
 practical administration of the law." It is not to be 
 denied, that the practice of our courts of record, is 
 incumbered by many unnecessary forms, and attended 
 with many fictions, which tend to the accumulation of 
 costs, and to the discredit of the law and its practi- 
 tioners. When we reach the third general division 
 of our work, we propose to extend the statutes already 
 passed, for the reformation of the English practice, to 
 such other cases as may be safely embraced within 
 them ; and to present in detail, our views on this inter- 
 esting subject, to the consideration of the legislature. 
 
 We desire, in conclusion, to bespeak the patience 
 of the legislature, and of our fellow citizens. We 
 have devoted, and we intend to devote, our best facul- 
 ties to the performance of the great work, with which 
 we have been honored : but we have so high a sense 
 of its responsibility and importance, that we dare not 
 
24 
 
 attempt it hastily. If our progress has not been as 
 rapid as may have been anticipated by the public, we 
 hope it will be seen, to have been as rapid as circum- 
 stances would allow. Whilst on this subject, candor 
 requires the acknowledgment, that neither of us has 
 been able to devote his whole time to this labor. It 
 is known to the legislature that each of us is actively 
 engaged in professional pursuits ; and though we have 
 made considerable sacrifices for the purpose of per- 
 forming the duties assigned to us ; we have not suppos- 
 ed that the legislature would expect or desire, that our 
 time and thoughts should be exclusively devoted to 
 those duties. Nor can we believe that the public good 
 would be advanced by such a course. On the contra- 
 ry, if we may be allowed to express an opinion on this 
 point, we would unhesitatingly say, that in our judg- 
 ment, it is of the utmost importance, that the work be 
 executed with much deliberation, and that time should 
 be allowed between the enactment of the different 
 parts, for such public discussion, as may be necessary 
 to form and to enlighten, that public opinion by which 
 we are desirous to be governed. As to ourselves, we 
 entertain a decided opinion, that our continued parti- 
 cipation in the active scenes of professional duty, will 
 enable us to bring to our task a greater share of valu- 
 able knowledge, improved by experience, than could 
 ever be gained from solitary study ; and that a charac- 
 ter of practical utility will thus be imparted to our la- 
 bors, which the speculations of retired individuals 
 rarely attain. 
 
 All which is respectfully submitted. 
 
 JNO. DUER, 
 B. F. BUTLER, 
 H. WHEATON, 
 Albany, March 14th, 1826. 
 
CHAPTER V * 
 
 Of Elections other than for Town Of- 
 ficers. 
 
 TITLE I. 
 
 OF THE QUALIFICATIONS, DISABILITIES AND PRIVI- 
 LEGES OF ELECTORS. 
 
 Section 1. The qualifications of electors, are such Q ualifica - 
 as are and shall be prescribed by the constitution of 1 n ' 
 this state. 
 
 [^ew and declaratory.] 
 
 § 2. Each elector, at the time of offering his vote, 
 must be an actual resident of the town in which his 
 vote shall be offered. 
 
 [See act "for regulating elections," § 6, laws of 1822, page 267.] 
 
 §3. No person who ' shall have been convicted, Disabih 
 within this state, of an infamous crime, at any time ties 
 previous to an election, shall be permitted to vote 
 thereat ; unless he shall have been pardoned by the 
 executive, and by the terms of such pardon, restored 
 to all the rights of a citizen. 
 
 [Act of 1822, § 25, with addition as to pardon.] 
 
 § 4. No civil process shall be served on an elector, Privileges, 
 in any town, on any day during which an election 
 shall be held in such town. 
 
 [Same act, § 22, slightly varied.] 
 
 * It will be perceived that the Chapters presented, contain no enacting clause. 
 We propose to commence each general division with a short preamble, and an 
 enacting clause. The first part commences as follows — 
 
 " It being expedient that the several statutes of this state, relating to its terri- 
 tory ; its political divisions ; its civil polity ; and its internal administration ; 
 should be consolidated and arranged in appropriate chapters, titles and articles ; 
 that the language thereof should be simplified ; and that omissions and other 
 defects should be supplied and amended : Therefore, the People of the 
 State of New-York, represented in Senate and Assembly, do declare and 
 enact as follows, — Chanter I. &c." 
 
 4 
 
26 
 
 TITLE II. 
 
 OF GENERAL AND SPECIAL ELECTIONS, AND THE 
 TIME AND PURPOSES OF HOLDING THEM. 
 
 General 
 elections 
 denned. 
 
 §> 1. General elections are such as are held, at the 
 same time, in every county, for the election of all or 
 some of the following officers : namely ; governor, lieu- 
 tenant-governor, senators, members of assembly, sher- 
 iffs, clerks, coroners, representatives in congress, and 
 electors of president and vice president. 
 
 [New in terms but agreeable to act of 1822, § 1.] 
 
 Special § 2. Special elections are such as are held, only in 
 ^ e fine°d ns a P ar ti cu l ar district or county, for the choice of one 
 or more of the officers proper to be chosen at a general 
 election. 
 
 [New in terms but agreeable in part to the act of the 24th April, 1823, (laws 
 of 1823, p. 418,) § 1.] 
 
 Elections 
 when held. 
 
 § 3. General elections shall be held on the first 
 Monday of November in every year : special elections, 
 at the times and places of which legal notice shall have 
 been given ; but no special election shall be held with- 
 in days previous to a general election. 
 
 [Partly conformable to act of 1822, § 1, and partly new.] 
 
 Duration. § 4. General elections shall be held and continued 
 by adjournment, for three days in succession : special 
 elections shall be so held for two days only. 
 
 [Act of 1822, § 1, and partly new.] 
 
 Special 
 ;tions 1 
 till vacan- 
 
 § 5. Special elections shall be held to supply Va- 
 
 cations to cancieg - ^ f H 0W i ng cases 
 
 cies. 
 
 1. When a vacancy occurs in the office of representa- 
 tive in congress", after the fifteenth of October in 
 any year, and before the fifteenth of January fol- 
 lowing; if the term of service of the representative 
 
£7 
 
 in whose office such vacancy shall occur, expire on 
 the fourth day of March following ; and if not, then 
 in the case of such vacancy occurring after the fif- 
 teenth day of October and before the day fol- 
 lowing. 
 
 [For the existing law see act of 1822. $ 18. Some such discrimination as to 
 time is obviously proper.] 
 
 2. When a vacancy occurs in the office of any member 
 of assembly, which shall have the effect to deprive 
 the county, to which such member shall belong, of 
 its entire representation in the assembly ; and which 
 shall occur, after the last day of December in any 
 year, and before the. day of following. 
 
 [Xew, but conceived to be important.] 
 
 3. When a vacancy occurs in the office of sheriff or 
 clerk of any county, after the last day of the gene- 
 ral election in any year, and before the day 
 of following : unless at such general election 
 a person shall have been chosen, in place of the offi- 
 cer, in whose office such vacancy shall occur. 
 
 [Act of 1823, J 1. The limitation is new, but obviously proper.] 
 
 § 6. All vacancies in the offices of representative other ya 
 in congress, sheriff and clerk, occurring between any £^ cl g Up _ 
 periods other than those above specified, shall be sup- plied, 
 plied at the general election next succeeding the hap- 
 pening thereof. 
 
 [New, but obviously proper.] 
 
 § 7. All vacancies in the office of senator shall also 
 be regularly supplied at the succeeding general elec- 
 tion ; except that no vacancy shall be so supplied 
 where the term of service of the senator, in whose of- 
 fice it may occur, will expire on the last day of De- 
 cember following. 
 
 [Act of 1822 $ 3. The limitation is new.] 
 
 §8. If a vacancy in the office of senator, represen- e i e cSon1f 
 tative in congress, sheriff or clerk shall not have been vacancy 
 supplied previous to or at the general election next pi°eo\ Up 
 
28 
 
 succeding the happening thereof, a special election to 
 supply the same shall then be held ; unless the term of 
 service of the officer, in whose office such vacancy may 
 occur, will expire on the the last of December next 
 following such general election. 
 
 [New, but necessary to perfect the system. The limitation accords with the 
 foregoing provisions.] 
 
 case of tie. § 9, When an officer, other than a governor or lieu- 
 tenant-governor, proper to be chosen at a general elec- 
 tion in place of another, whose term of service expires 
 on the last day of December following, shall not 
 have been chosen, by reason of two or more persons 
 having received an equal number of votes for the same 
 office ; a special election shall be held for the choice of 
 the officer so omitted to be chosen. 
 
 [Provides for the case of a tie, in all cases except elections for governor and 
 lieutenant-governor, which are provided for in the constitution.] 
 
 v acancy in § 10. When the right of office of a person elected 
 ° f ° f ~ t0 tne °ffi ee °f a senator, representative in congress, or 
 member of the assembly, shall become vacant, before 
 the day of the commencement of the term of service 
 for which such officer shall have been elected ; a spe- 
 cial election to supply such vacancy shall be held with- 
 out delay. 
 
 [This provides for a case not noticed in the existing statutes, nor in the fore- 
 going sections, but which may frequently occur.] 
 
 Omission to §11. When a special election has not taken place 
 ekction ^ 1 as inquired by law, the vacancy, which ought to have 
 
 been supplied by such election, shall be supplied at the 
 
 next general election. 
 
 [New, but supplies an important omission.] 
 
 Special * § 12. In the cases provided for in the eighth and 
 how order- n i nt h sections, special elections shall be ordered by 
 ed. the board of canvassers, having the power to deter- 
 mine on the election of the officer omitted to be cho- 
 sen ; in all other cases, such elections shall be ordered 
 by the governor, who shall issue his proclamation 
 therefor. 
 
 [Former part, entirely new, latter clause conformable to act of 1823, § 1.] 
 
29 
 
 § 13. Such proclamation shall specify the county or proclama_ 
 district in which such election is to be held ; the r ause 1 n * 
 of such vacancy ; the name of the officer in whose office 
 it has occurred ; the time when his term of office w ill 
 expire ; and the day on which such election is to be 
 held ; which shall not be less than nor more 
 
 than days from the date of the proclamation. 
 
 [Act of 1823, §1, but iuller.] 
 
 TITLE III. 
 
 OF THE MODE OF NOTIFYING GENERAL AND SPE- 
 CIAL ELECTIONS. 
 
 ARTICLE FIRST. 
 
 Of the notice to be given by the Secretary of State. 
 §> 1. The secretary of state shall once in every two Notice of 
 years, between the first day of July and the first day f^uon! * 
 of September, immediately preceding the expiration 
 of the term of office of the governor and lieutenant go- 
 vernor last chosen ; direct and cause to be delivered, 
 to the sheriff, clerk, or first judge of each county, a no- 
 tice in w riting, that at .the next general election, a go- 
 vernor and lieutenant-governor are to be elected. 
 
 [Act of 1822, \ 3, altered so as to dispense with the agency of the clerk of the 
 senate, the secretary being deemed the fittest officer to give the requisite notice.] 
 
 § 2. He shall also, between the first days of July of senate- 
 and September in each year, direct and cause to be l!o n . elec 
 delivered to the sheriff, clerk, or first judge of each 
 county, a notice in writing, specifying the names of the 
 senators for the district to which such county shall be- 
 long, whose seats will become vacant on the last day 
 of December thereafter. 
 
 [Same remark applies as to §1.] 
 
 i 
 
 § 3. If any vacancy shall exist in a county, proper incase of 
 to be supplied at the ensuing general election, he shall vacanc y- 
 in like manner, between the first day of July and the 
 fifteenth of October previous to such election, direct 
 
30 
 
 and cause to be delivered to the sheriff, clerk, or first 
 judge of such county ; a notice in writing, specifying 
 the cause of such vacancy ; the name of the officer in 
 whose office it has occurred ; and the time when his 
 term of office will expire : and if any such vacancy 
 shall exist in a district, he shall in like manner direct, 
 and cause to be delivered to the sheriff, clerk or first 
 judge of each county therein, the like notice. 
 
 [Act of 1823 § 1, altered so as to make it the duty of the Secretary of State in- 
 stead of the governor.] 
 
 Copy of § 4. When a special election shall have been order- 
 ti^whei e( i by the governor, in a county, the secretary of state 
 given. shall forthwith cause a copy of the governor's procla- 
 mation, to be delivered to the sheriff, clerk, or first 
 judge of such county ; and wheu ordered in a district, 
 to the sheriff, clerk, or first judge of each county there- 
 in. 
 
 [New. See ante tit. 2. § 12, 13.] 
 
 district 
 
 canvassers 
 
 Meeting of § 5. When a meeting of aboard of district canvass- 
 ers shall be necessary, after a general or special elec- 
 tion in a congress district, the secretary of state, in the 
 usual notice to be given by him prior to such election, 
 if the same be general ; or in a notice to be delivered 
 with a copy of the proclamation*, if it be special ; shall 
 designate the county in which such meeting shall be 
 held. 
 
 [New. See as to district canvassers post tit. 5. Art. 3.] 
 
 Pubiica- § 6. The secretary of state shall cause a copy of each 
 statepaper. notice issued by him, and of each proclamation of the 
 governor, to be published in the state paper, once in 
 each week, from the date of such notice or proclama- 
 tion, until the election to which it shall refer. 
 
 [New, but perhaps proper.] 
 
 ARTICLE SECOND. 
 
 Of the notice to be given by the board of County, Dis 
 trict, or State Canvassers. 
 wh^and § 1- When a special election shall be necessary, in 
 hew given, the cases provided for in the eighth and ninth sections. 
 
31 
 
 of the second title of this chapter; the board of can- 
 vassers having power to determine on the election of 
 the officer omitted to be chosen, shall without delay, 
 direct and cause to be delivered, to the sheriff, clerk, 
 or first judge of each county in the district, or of the 
 county in which such election is to be held, a notice 
 specifying the officer to be chosen ; the time for which 
 he is to be chosen ; and the day on which such elec- 
 tion is to be held ; which day shall not be less than 
 nor more than days from the date of 
 
 such notice. 
 
 [New, see Tit. 2. $ 12, and Tit. 5. Art. 3.] 
 
 § 2. The notice of such an election, if ordered by . B y, whom 
 
 * signed. 
 
 the board of state canvassers, shall be signed by the 
 secretary of state ; and by the chairman and clerk of 
 the board ordering the same, if ordered by the board 
 of district or county canvassers. 
 
 [New.] 
 
 § 3. No notice of an election shall in any case be To wtom 
 directed to the clerk of a county, unless the office of irec e 
 sheriff of such county shall then be vacant ; nor to the 
 first judge, unless the offices of sheriff and clerk shall 
 both be vacant. 
 
 [Act of 1323, $ 1, varied in form.] 
 
 ARTICLE THIRD. 
 
 Of the notice to be given by the Sheriff, Clerk or first 
 Judge, and by the Inspectors. 
 
 § 1. The sheriff, clerk, or first judge, of each Dutym 
 county, who shall receive a notice of an election, shall shenff ' &c 
 without delay, give notice in writing of such election 
 to one of the inspectors of elections in each town of his 
 county. 
 
 [Act of 1822, $ 3, Act of 1823, $ L] 
 
 §2. He shall also cause a copy of such notice, to be 
 published in one or more of the public newspapers, 
 printed in his county, once in each week, from the 
 date of such notice, until the election. 
 
 [New.] 
 
32 
 
 Duty of the § 3. The inspector receiving the notice shall, with- 
 ieSng out delay, gi ye notice thereof in writing, to the other 
 notice. inspectors of his town ; and in such notice shall fix a 
 time and place, for the meeting of the board of inspec- 
 tors of such town. 
 
 [Act of 1822, § 4, with a slight addition.] 
 
 Duty of the ^ 4 The inspectors of each town, or a majority of 
 inspectors. meet at ^ e ^ me an( j p] ace so appointed, 
 
 or if such meeting shall not take place, at such other 
 time and place, as the inspector calling the meeting 
 shall afterwards fix ; and shall by writing under their 
 hands, give at least eight days notice to the electors of 
 the town, of the time and place at which such election 
 is to be held therein. 
 
 [Act of 1822, $ 4.] 
 
 § 5. Such notice shall specify the officers to be cho- 
 sen, and the hour of opening, adjourning and closing 
 the poll of the election on each day thereof. 
 
 [Act of 1822, § 4, with addition.] 
 
 §> 6. The inspectors shall cause a copy of such notice 
 to be posted in a conspicuous manner in at least five of 
 the most public places of their town. 
 
 [Act of 1822, § 4, slightly varied.] 
 
 TITLE IV. 
 
 OF THE MANNER OF CONDUCTING ELECTIONS. 
 
 ARTICLE FIRST. 
 
 Of the formation of the Board of Inspectors, and the 
 appointment of Cle?*ks. 
 
 Board to § 1. The inspectors of each town, shall meet at the 
 ! formed. ^ me an( j pj ace ^ on w hi cn an election shall have been 
 
 appointed to be held therein, and shall proceed to or- 
 ganize themselves as a board for the purpose of presid- 
 ing at and conducting such election. 
 
 [Act of 1822, $ 4, slightly altered.] 
 
33 
 
 §> 2. The supervisor in right of his office, or in case chairman, 
 of his absence, such one of their number as the inspec- 
 tors shall appoint, shall be chairman of the board. 
 
 [New.] 
 
 § 3. The chairman of the board shall administer to Oaths, 
 the other inspectors the proper oath ; and the same 
 oath shall then be administered to the chairman by one 
 of the other inspectors. 
 
 [Act of 1822, 5 4. The form of the oath is given in the chapter concerning 
 
 ' OFFICERS.''] 
 
 § 4. The inspectors, or a majority of them, having cierk*. 
 severally taken such oath, the board shall then appoint 
 three clerks ; one of them to be called clerk of the 
 election, and the others, clerks of the poll. 
 
 [Act of 1822, § 4, with a new arrangement as to clerks.] 
 
 § 5. The clerks shall each take the proper oathofoath 
 office, which shall be administered to them by the chair- 
 man of the board. 
 
 [Act of 1822 \ 4. The form of the oath is given in the chapter concerning offi- 
 cers, and like that of the inspector is special, both having been copied from the 
 act of 1822. The requiring of this oath, seems however to be inconsistent with 
 the 6th article of the amended constitution, which prescribes an oath of office, 
 and prohibits the requiring of any " other oath, declaration or test" as a qualifi- 
 cation for " any office or public trust. "J 
 
 § 6. The inspectors shall then appoint one or more Constables, 
 of the constables attending, to remain in attendance du- 
 ring the election. 
 
 [New. In chapter VII, we have made provision for the attendance of con- 
 stables to enable the inspectors to preserve order. See post chapter VII. tit. V. 
 art. 4.] 
 
 § 7. The poll of the election shall then be opened, Poiihow 
 and proclamation thereof made ; and proclamation shall °P ened > &c 
 also be made of each adjournment, and of the opening 
 and closing of the poll on each day of the election. 
 
 [Act of 1822, § 4.] 
 
 § 8. The poll shall be kept open in the day-time when to be 
 only, between the rising and setting of the sun ; and kept open, 
 shall not be opened before nor kept open after the 
 hour, of which the inspectors shall have given notice. 
 
 [Act of 1822, § 4, with additional prohibitioa.1 
 
 5 
 
34 
 
 2djourn- f * 9 ' At each °P enin S of the P o11 in tne forenoon. 
 
 ment. the inspectors shall give notice, at what hour on that 
 day, the poll will be adjourned : and at each opening 
 after an adjournment, at what hour the same will be 
 closed for that day. 
 
 [Act of 1822 w ith some additions.] 
 
 ARTICLE SECOND. 
 
 Of the manner of voting and of challenges. 
 
 To vote by § 1 . The electors shall vote by ballot, and each per- 
 baUot ' son offering to vote shall deliver his ballot, so folded as 
 
 to conceal the contents, to one of the inspectors in the 
 
 presence of the board. 
 
 [Act of 1822 J 1 and 7.] 
 
 its form. §> 2. The ballot shall be a paper ticket, which shall 
 contain, written or printed, or partly written and part- 
 ly printed, the names of the persons for whom the 
 elector intends to vote ; and shall designate the office, 
 to which each person, so named, is intended by him 
 to be chosen. 
 
 [Act of 1822$ 7.] 
 
 §> 3. On the outer side of each ballot shall be written 
 ment. " or printed one of the following words : H State," 
 " Congress," or " County." 
 
 [New.] 
 
 Contents. 
 
 § 4. The ballot endorsed " State," shall contain 
 the names of the persons designated by the elector, for 
 the offices of governor, lieutenant-governor and sena- 
 tor, any or either of them ; that endorsed " Congress," 
 the names of the persons designated for the office of 
 representative in congress and elector of president and 
 vice president, any or either of them ; and the ballot 
 endorsed " County," the names of the persons desig- 
 nated for the offices of member of assembly and the 
 county officers to be chosen at such election, any or ei- 
 ther of them. 
 
 [Act of 1822 $7 slightly altered'.] 
 
35 
 
 § 5. If at a general election, any person named in 
 either of the ballots, shall be intended to supply a va- 
 cancy in the office for which he is designated, the name 
 of the last incumbent of such office preceded by the 
 words, " in place of," shall be annexed to the name of 
 the person so intended to be chosen. 
 
 [New.] 
 
 §> 6. If any person offering to vote shall be challen- challenge 
 ged as unqualified, by an inspector, or by any other ^ d unquah 
 person entitled to vote at the same poll, the board of 
 inspectors shcill declare to the person so challenged, 
 the qualifications of an elector ; and the person so 
 challenged, shall then publicly state, how and in what 
 manner he is qualified as an elector. 
 
 [New.] 
 
 § 7. If he shall appear from his own statement not to 
 be qualified, his vote shall be rejected, and shall not be 
 afterwards received at the same election and poll. 
 
 [New.] 
 
 § 8. If he shall state himself to be duly qualified, 
 and the challenge shall not be withdrawn, one of the 
 inspectors shall then tender to him an oath which shall 
 embrace all the qualifications, which he shall have sta- 
 ted himself to possess. 
 
 [New in terms, but conformable to act of 1822 § 8.] 
 
 § 9. If he shall refuse to take the oath so tendered, 
 his vote shall be rejected, and shall not be afterwards 
 received at the same election and poll ; if he shall take 
 the oath the challenge shall end, and his vote shall be 
 received. 
 
 [Act of 1822 § 8, and partly new.] 
 
 § 10. If a person be challenged as convicted of an challenge 
 infamous crime, he shall not be required to answer any a j S ct acon ~ 
 questions in relation to such alleged conviction ; nor 
 shall any proof of such conviction be received, other 
 than a duly authenticated record thereof. 
 
 [The act of 1822 § 25, provides, that no person who has been convicted of an 
 infamous crime shall be permitted to vote, but it does not point out any mode in 
 
36 
 
 - a challenge for that cause shall be determined. Parol evidence of the 
 fact of conviction ought not to be received ; nor ought the oath of the person 
 challenged to be demanded. We have therefore in the above section required 
 the production of the record ; though it is worthy of consideration, whether such 
 a regulation would not make the exclusion, as to all practical purposes, a nul- 
 lity. Perhaps a list of the convicts might be annually furnished to the town 
 clerks, and be made evidence in cases of this sort.] 
 
 ARTICLE THIRD. 
 
 Of the duties of the Clerks of the Poll. 
 
 Poll lists. §1 . At a general election, each clerk of the poll shall 
 prepare and keep two poll lists, one to be entitled the 
 " State poll list," and the other the " County poll 
 list." If representatives in congress, or electors of 
 president and vice-president are to be chosen, a third 
 poll list shall be kept, to be entitled the " Congress 
 poll list." 
 
 [Act of 1822. § 6 directs three poll lists as above. The act of 1825 pre- 
 scribing the time and manner of appointing electors of president and vice-presi- 
 dent § 1, directs an additional poll list.] 
 
 § 2. On the state poll list, shall be entered the 
 names of the persons voting for governor, lieutenant- 
 governor and senators, or either of them ; on the con- 
 gress poll list, the names of the persons voting for rep- 
 resentatives in congress and electors of president and 
 vice-president, or either of them ; and on the county 
 poll list, the names of the persons voting for members 
 of assembly and county officers, or any of them. 
 
 [Act of 1822 5 6.] 
 
 § 3. At a special election, so many only of the above 
 poll lists shall be kept by each clerk, as shall be requi- 
 site, for entering thereon, the names of the persons vo- 
 ting for the officers directed to be chosen at such elec- 
 tion. 
 
 [New.] 
 
 Elector's § 4. The name of elector voting, shall be entered 
 "ntTrVd be eacn c ^ er k on the proper poll list, as soon as the bal- 
 en ere ' lot or ballots of such person, shall have been finally 
 received by the inspector. 
 
 [Act of 1822 $7.] 
 
37 
 
 § 5. At each adjournment of the poll, the clerks ^ompVr- 
 shall in the presence of the inspectors, carefully com- e d. 
 pare the poll lists kept by them respectively, and cor- 
 rect all mistakes therein, according to the judgment 
 of the board, until they shall be made in all respects 
 to correspond. 
 
 [Act of 1822, § 7.) 
 
 ARTICLE FOURTH. 
 
 Of the duties of the Board of Inspectors. 
 
 § 1 . The board of inspectors shall provide and keep Ballot box- 
 at each election, so many boxes for receiving the bal- es * 
 lots of the electors, as there are poll lists to be kept 
 at such election. 
 
 [Act of 1822, § 7.] 
 
 § 2. The boxes shall correspond in title with the 
 poll lists, and shall be severally called the " State 
 Box," the " Congress Box," and the " County Box." 
 
 [Act of 1822, § 7.] 
 
 § 3. Each box shall be provided with a sufficient 
 lock, and shall be locked before the opening of the 
 poll, and the keys thereof delivered to one of the in- 
 spectors to be appointed by the board ; and shall not 
 be opened during the election, except in the manner 
 and for the purposes hereinafter mentioned. 
 
 [Act of 1822, $ 7.] 
 
 § 4. An opening shall be made in the lid of each 
 box, not larger than shall be sufficient for a single clos- 
 ed ballot to be inserted therein at one time, through 
 which each ballot received, proper to be placed in such 
 box, shall be inserted. 
 
 [Act of 1822, § 7.] 
 
 § 5. When the board shall have finally received the Ballots t# 
 ballot of an elector, one of the inspectors without open- b P laced 
 ing the same, or permitting it to be opened or exam- ierem ' 
 ined, shall deposit it in the box corresponding in title 
 with the indorsement of the ballot. 
 
 [Act of 1822, \ 7.] 
 
38 
 
 and poii § 6. At each adjournment of the poll each box shall 
 paled! 00111 " be opened, and the corresponding poll lists as coin- 
 pared and corrected, be placed therein. 
 
 [Act of 1822, $ 7.] 
 
 Box to be §> 7. Each box shall then again be locked, and the 
 locked. sea ] f one or m0 re of the inspectors so placed thereon, 
 as to cover entirely the opening in the lid. 
 
 [Act of 1822, \ 7.] ' 
 
 Keys and § 8. The keys shall then be delivered to one of the 
 k°pt e , S &c°. U inspectors, and the boxes to another to be designated 
 by the board. 
 
 [Act of 1822, j 7, and partly new.] 
 
 § 9. The inspector having the keys shall keep the 
 same in his own possession, and deliver them again to 
 the board at the next opening of the poll. 
 
 [Act of 1822, $ 7.] 
 
 § 10. The inspector having the boxes, shall care- 
 fully keep them without opening, or suffering them to 
 be opened, or the seals thereof to be broken or re- 
 moved, and shall publicly deliver them, in that state, 
 to the board of inspectors at the next opening of the 
 poll. 
 
 [Act of 1822, $ 7.] 
 
 $ 11. At that time the seals shall be broken, the 
 boxes opened, the poll lists taken out, and the boxes 
 again locked ; and the same course shall be observed 
 until the poll of the election shall be finally closed. 
 
 [Act of 1822,5 7 -] 
 
 inspector § 12. It shall be the duty of each inspector to chal- 
 len e^ lenge every person offering to vote, whom he shall 
 know or suspect not to be duly qualified as an elector. 
 
 [Act of 1822, $ 8.] 
 
 inspectors §13. The board of inspectors shall possess full au- 
 ;°der eSene thority to maintain regularity and order, and enforce 
 obedience to their lawful commands, during an elec- 
 
39 
 
 tion, and during the canvass and estimate of the votes, 
 after the closing of the poll. 
 
 [New in form, but agreeable to act of 1822, § 12.] 
 
 §14. If any person shall refuse to obey their law- ^ it may 
 ful commands, or by disorderly conduct in their pre- 
 sence or hearing, interrupt or disturb their proceed- 
 ings, they shall by an order in writing commit the per- 
 son so offending, to the common jail of the county, for 
 a period not exceeding thirty days. 
 
 [Act of 1822, § 12. That act makes no piovibion for the attendance of offi- 
 cers, and the power to maintain order, &c. is therefore frequently incapable oi 
 being exercised. We have made provision for the attendance of constables. 
 See ante Tit. 3. Art. 3, $ 7, and post Chap. VII. Tit. 5. Art. 4. 
 
 ARTICLE FIFTH. 
 
 Of the canvass and estimate of the votes by the Board 
 of Inspectors. 
 
 § 1. As soon as the poll of an election shall have Proceed- 
 finally closed, the board shall determine, whether they ^Seofpor 
 shall then proceed to canvass the votes, or adjourn 
 the canvass to some convenient hour of the next day. 
 
 § 2. If the canvass shall be so adjourned, the same 
 course shall be observed in relation to the poll lists, 
 boxes and keys as is required to be observed at each 
 adjournment of the poll. 
 
 § 3. The canvass shall be public, and when com- Proceed 
 menced shall continue without interruption or adjourn- ings prepa ^ 
 
 . • i i,i 1 J ratory te 
 
 ment, until completed. canvass 
 
 § 4. The canvass shall commence by a comparison 
 of the poll lists, from the commencement, and a cor- 
 rection of any mistakes that may be found therein, 
 until they shall be found or made to agree. 
 
 § 5. Each box being opened, the ballots contained 
 therein, shall be taken out and counted unopened, ex- 
 cept so far as to ascertain that each ballot is single. 
 And if two or more ballots shall be found so folded 
 
40 
 
 together, as to present the appearance of a single bal- 
 lot, they shall be destroyed. 
 
 § 6. If the ballots shall be found to exceed in num- 
 ber, the names on the correspondent poll lists, they 
 shall be replaced in the box, and one of the inspectors 
 shall publicly draw out and destroy, so many ballots 
 unopened, as shall be equal to such excess. 
 
 Canvass. § 7. The ballots and names on the poll lists agree- 
 ing, or being made to agree in number, the board shall 
 then proceed to canvass and estimate the votes. 
 
 Statement § 8. The canvass being completed, a statement of 
 the result shall be drawn up in writing by the inspec- 
 tors, which they shall certify to be correct, and sub- 
 scribe with their proper names. 
 
 § 9. Such statement shall contain in words, written 
 at full length, the whole number of votes given for 
 each office at such election ; the names of the persons 
 for w hom such votes for such office were given ; and 
 the number of votes so given to each respectively. 
 
 § 10. The board of inspectors shall deliver the state- 
 ment, so certified and subscribed, to one of the inspec- 
 tors to be appointed by the board. 
 
 $11. The poll lists and ballots shall then be destroy- 
 ed ; and the record of the election read. The mis- 
 takes found in the record being corrected, it shall be 
 certified as correct by the inspectors, subscribed with 
 their proper names, and delivered by them to the clerk 
 of the election, and the board of inspectors shall then 
 be dissolved. 
 
 [The whole of this article is in conformity with the act of 1822 § 9, though 
 the language has been slightly varied, and some omissions supplied.^ 
 
 Closing 
 proceed- 
 ings. 
 
41 
 
 ARTICLE SIXTH. 
 
 Of the Clerk of the Election and his duties. 
 
 § If The clerk of the election shall keep a faithful To keep a 
 record of the proceedings at the election, from the record - 
 opening of the poll to the completion of the canvass. 
 
 § 2. On such record shall be entered contents ot 
 
 1. The names of the inspectors attending such elec- record - 
 tion. 
 
 2. The organization of the board, and the names of 
 the chairman and clerks. 
 
 3. The hour of opening, adjourning and closing the 
 poll, on each day of the election. 
 
 4. The day and hour of commencing and closing the 
 canvass. 
 
 5. The name of each person challenged, and of the 
 inspector or elector making the challenge ; the grounds 
 of the challenge ; and if the vote of the challenged per- 
 son be rejected, the grounds of the rejection. 
 
 6. Mistakes discovered in a comparison of the poll- 
 lists, and the manner in which the same shall be cor- 
 rected. 
 
 7. The names of the inspectors, to whom tire boxes 
 and keys shall be respectively delivered, at each ad- 
 journment. 
 
 8. The excess in the number of ballots found in any 
 one box and destroyed for that cause, and the name of 
 the box in which such ballots were found. 
 
 9. The number of ballots folded together, and des- 
 troyed for that reason, and the name of the box from 
 which they were taken. 
 
 10. A statement of all the questions which arose dur- 
 ing the canvass, and of the manner in which they were 
 decided. 
 
 11. A copy of the result of the canvass, and the 
 name of the inspector to whom the original statement 
 was delivered, and such other facts or proceedings as 
 the board of inspectors may direct to be recorded, 
 
 6 
 
42 
 
 Record ^ 3. The clerk of the election shall deliver the re- 
 sedof\ ISP ° "cord, as corrected, certified and subscribed, to the 
 town clerk, within two days after the completion of the 
 canvass ; and the clerk receiving the record, shall care- 
 fully file and preserve the same. 
 
 [This article is entirely new. It is frequently important to obtain authentic 
 evidence of the proceedings at elections. The appointment of a clerk to record 
 them, will effect that end ; whilst it will furnish an additional guard against 
 fraud, misconduct and perjury. Several incidents occurred at the last general 
 election, calculated to show the utility of such a record ; and as we have pre- 
 pared a suitable form, which may be easily followed by a clerk of ordinary abili- 
 ties, we think there caabe no objection to the measure.] 
 
 TITLE V. 
 
 OF THE FINAL CANVASS, AND THE MODE OF DE- 
 CLARING AND CERTIFYING THE RESULT. 
 
 ARTICLE FIRST. 
 
 Of the Board of County Canvassers, and their pro^ 
 ceedings. 
 
 Board how § 1 . The inspectors in each county, to whom the 
 composed. or jgi na i statements of the canvass of votes in the towns 
 to which they respectively belong, shall have been de- 
 livered, together with the clerk of the county, shall 
 form the county board of canvassers. 
 
 when to § 2. They shall meet at the office of such clerk, on 
 meet t &c. t ] ie Tuesday next following the election, before 
 
 o'clock in the noon of that day, and shall choose 
 
 one of their number as chairman. 
 
 § 3. The clerk of the county shall be secretary of the 
 board. 
 
 §> 4. The chairman shall then administer the proper 
 oath, to each member of the board, and the same oath 
 shall be administered to him by the secretary. 
 
 § 5. The major part of the inspectors shall be a suf- 
 ficient number to constitute a board. 
 
43 
 
 § 6. The original statements of the canvass in each Proceed 
 town, shall then be produced, and from them the board ™=* x ° ( the 
 shall proceed to estimate the votes of the county, and 
 shall make such statements thereof, as the nature of the 
 election shall require. 
 
 § 7. They shall make a separate statement, contain- statements 
 ing the whole number of votes given in such county, ° 
 for the office of governor, lieutenant-governor and 
 senator, any or either of them ; the names of the 
 persons to whom such votes were given : and the num- 
 ber of votes given to each ; another similar statement 
 of the votes for the office of representative in congress, 
 or elector of president and vice president ; and ano- 
 ther of the votes for member of assembly and county 
 officers, any or either of them. 
 
 § 8. In such statements, the whole number of votes 
 given, the names of the candidates, and the number 
 fo votes given to each, shall be written out in words 
 at full length. 
 
 § 9. Each statement shall be certified as correct, 
 and attested by the signatures of the chairman and 
 secretary of the board; and a copy of each thus certi- 
 fied and attested, shall be delivered to the county 
 clerk, to be recorded in his office. 
 
 § 10. Upon the statement of votes given for mem- Board to 
 bers of assembly and countv officers, the board shall J ; elermine 
 
 j . j / . * 7 . the persons 
 
 proceed to determine, what person or persons have elected, 
 by the greatest number of votes, been duly elected to 
 each of the offices, mentioned in such statement. 
 
 § 11. If the county, in which such election shall 
 have been held, shall be of itself a congress district, 
 the board shall also determine, upon the statement of 
 votes given for representative in congress, and elec- 
 tors of president and vice-president, what person or 
 persons, by the greatest number of votes, have been 
 duly elected to each of the offices mentioned in such 
 statement. 
 
44 
 
 certificate § 12. A certificate of such determination, shall be 
 nltton ml annexed to the statement upon which it shall be made, 
 attested by the signatures of the chairman and secre- 
 tary of the board, and delivered to the county clerk to 
 be recorded in his office. 
 
 U011 
 
 pubiica- § 13. The board shall cause a copy of such deter- 
 mination, and of the statement upon which it shall be 
 made, to be published in one or more of the news-pa- 
 pers printed in the county. 
 
 DeLegates § 14. If votes shall have been received at such 
 boar? 1 Ct Action* for the office of representative in congress 
 and elector of president and vice-president, or either 
 of them, and the county shall not be of itself a con- 
 gress district, the board shall appoint two of their num- 
 ber to attend the board of district canvassers. 
 
 § 15. To each person so appointed, shall be deliv- 
 ered, a copy, duly certified and attested, of the state- 
 ment of the votes given for both or either of the above 
 officers. 
 
 Duty of fn- § 16. If any one of the inspectors shall be unable 
 unable to to attend the meeting of the board, on the day appoint- 
 ed for such meeting, he shall on or before that day, 
 cause to be delivered at the office of the county clerk, 
 the orieinal statement of the votes of his town. 
 
 attend. 
 
 rncnty&c 
 
 A ?j° urn * § 17. If on that day a majority of the inspectors 
 shall not attend, or the statements of the votes from 
 every town in the county, shall not be produced, the 
 inspectors then present shall adjourn to some conven- 
 ient hour of the next day. 
 
 § 18. At that hour they shall, again meet, and the 
 inspectors then attending, although less than a majori- 
 ty of the whole, shall organize themselves as a board, 
 and upon the statements, or certified copies thereof, 
 then produced, shall proceed to estimate, state and 
 
45 
 
 certify the votes of the county, in the manner before 
 directed. 
 
 [The provisions of this article, except § 14 and 15, which are new, have been 
 extracted from the act of 1822, } 10, with a few additions.] 
 
 ARTICLE SECOND. 
 Of the duties and proceedings of the County Clerk, 
 
 § 1. The county clerk shall deliver to the board of To furnish 
 county canvassers, all the certified statements, or re- ^ board of 
 cords, or certified copies of the votes taken in each canvassers, 
 town, at the next preceding election, that shall have 
 been received at his office. 
 
 [New.] 
 
 § 2. If on the day appointed for the meeting of the To send 
 board of county canvassers, the board shall not have s P ecial me? 
 been organized, owing to a deficient return of the votes Jerfahi " 
 of the county ; the county clerk shall, by a special mes- cases - 
 senger, or otherwise, obtain the necessary statements 
 or certified copies, in time to be produced to the board 
 at their next meeting. 
 
 [New.] 
 
 § 3. The county clerk shall record in his office, all To record 
 the . statements and certificates, that shall have been statements* 
 delivered to him, by the county board of canvassers, °' 
 and shall keep a proper book for that purpose. 
 
 [Act of 1822, $ 10.] 
 
 §• 4. Of the statement and certificate of the votes To prepare 
 for the office of governor, lieutenant-governor, sena- copies, 
 tor, or either of them, he shall prepare three certi- 
 fied copies under his signature, and sealed with the 
 seal of his office. 
 
 [Act of 1822, J 11.] 
 
 $ 5. Of these copies, he shall send by mail one to the To traus- 
 governor, one to the comptroller, and one to the sec- ^ copies * 
 retary of state, before the third Monday of November 
 in each year, after a general election, and within 
 days after a special election. 
 
 [Act of 1822 §11, with addition as to special election.] 
 
46 
 
 § 6. If the county shall not be of itself a congress 
 district, he shall prepare a similar certified copy, of 
 the statement of the votes given for the office of repre- 
 sentative in congress, and elector of president and 
 vice-president, or either of them. 
 
 [New.] 
 
 § 7. If the meeting of the district board of canvass- 
 ers, is to be held in another county of the same district, 
 he shall transmit such copy by mail, or otherwise, to 
 the clerk of the county in which such meeting is to be 
 held ; if otherwise, he shall deliver it, if required, to 
 the district board of canvassers when met together, 
 with all similar certified copies received at his office. 
 
 [New.] 
 
 § 8. Of each certificate of the determination of the 
 board of county canvassers, he shall prepare as many 
 similar certified copies, as there are persons mentioned 
 to be elected in such certificates, and shall, without de- 
 lay, deliver one of such copies to each person so elected. 
 
 [Act of 1822 $ 10.] 
 
 ARTICLE THIRD. 
 
 Of the Board of District Ca?ivassers. 
 
 How com- § 1. Where two or more counties shall form a con- 
 posed, gress district, the inspectors appointed for that pur- 
 pose, by the board of county canvassers in each county, 
 shall form the board of district canvassers. 
 
 [See ante Tit. 5. Art. 1. § 14 and 15.] 
 
 § 2. They shall meet on the Tuesday, following 
 the day on which they shall have been appointed, at 
 the clerk's office of the county in wiiich their meeting 
 shall have been fixed by the secretary of state. 
 
 [See ante Tit. 5, Art. 1. § 5.] 
 
 Mode of § 3. The inspectors attending on that day, shall or- 
 proceeding. ganise themselves into a board, and shall choose a chair- 
 man and secretary from their own body. 
 
 When to 
 meet. 
 
47 
 
 § 4. The chairman shall administer the proper oatk 
 to each of the members, and the same oath shall be ad- 
 ministered to him by the secretary of the board. 
 
 § 5. Upon the statements of the votes of each county, 
 for the representative in congress or elector of presi- 
 dent and vice-president, being then produced, they 
 shall proceed in like manner as the county board of 
 canvassers, to estimate, state and certify the votes of 
 the district; and to determine and certify, what per- 
 son or persons have been elected to either of the above 
 offices, for that district. 
 
 § 6. They shall make separate statements of the votes, statement* 
 for the office of representative in congress and elector bemadV° 
 of president and vice-president. 
 
 § 7. They shall transmit a certified copy of each Copies to 
 statement, and of their determination thereon, by mail, ^ it \^jL 
 to the secretary of state, and file another copy in the™ 1 
 clerk's office of the county in which their meeting shall 
 be held. 
 
 § 8. A certified copy of each statement, and of the 
 determination of the board thereon, shall be printed in 
 one or more of the newspapers printed in each county 
 of the district. 
 
 § 9. The board shall prepare as many certified cop- 
 ies of each certificate of determination, as there shall 
 be persons stated therein to have been elected. 
 
 § 10. They shall cause each copy to be attested by 
 the signature, and sealed with the seal of the clerk of 
 the county, in which their meeting shall be held ; and 
 shall, without delay, cause to be delivered to each per 
 son elected, a copy so attested and sealed, of the cer- 
 tificate in which his name is mentioned. 
 
 [The idea of the board of district canvassers was suggested by § 3 of the act 
 ''prescribing the time and manner of appointing electors of president and vice- 
 president," (laws of 1825, p. 53.) By the act of 1822, the state officers are re- 
 
48 
 
 quired to decidp on the election of representatives in congress ; whilst by the act 
 of 1825, the result of elections for presidential electors is to be determined by 
 the county clerks, as county or district canvassers. Thinking it desirable to 
 p.eserve uniformity in the system, and useful in other respects, we have extend- 
 ed the principle of the act of 1825, though the form is somewhat varied, to elec- 
 tions for both officers.] 
 
 ARTICLE FOURTH. 
 
 Or the duties of the Secretary of State previous to the 
 meeting of the State Canvassers. 
 
 To record § 1 . It shall be the duty of the secretary of state to 
 of^esuTts! rec ord in his office, in a book to be kept by him fcr 
 that purpose, each certified statement of the result of 
 an election, received by him, from a county clerk ; and 
 to obtain from the governor and comptroller, every 
 such certified statement received by either of them, 
 and to record one of those, so obtained, for each coun- 
 ty, from which no similar statement shall have been 
 received by himself. 
 
 [Act of 1822,$ 11.] 
 
 when to § 2. If from any county from which such statement 
 tiafmTssen sna ^ be due, none shall have been received or obtain- 
 «er. ed by him, on or before the last day of November next 
 after a general election, and within days after 
 
 a special election, he shall despatch a special messen- 
 ger to obtain such statement from the clerk of such 
 county. 
 
 [Act of 1822, § 11.] 
 
 To appoint § 3. He shall appoint a meeting of the state can- 
 state can^ vassers to he held at his office, or that of the treasurer 
 assers. or comptroller, on or before the fifteenth of December 
 after each general election, and within days 
 after a special election ordered by them. 
 
 [Act of 1822, $ 13.] 
 
 § 4. If a majority of those officers shall be unable or 
 shall fail to attend, on the day appointed, he shall give 
 notice to two of the justices of the supreme court, that 
 their attendance is required. 
 
 [The act of 1822, ) 14. directs the governor to give notice,! 
 
49 
 
 ARTICLE FIFTH. 
 
 Of the formation and proceedings of the Board of 
 State Canvassers. 
 
 § 1 . The secretary of state, comptroller, surveyor- Board how 
 general, attorney-general, and treasurer, shall be the composed 
 state canvassers ; three of whom shall be a sufficient 
 number to form a board. 
 
 § 2. If a majority of those officers shall be unable, 
 or shall fail to attend, such two justices of the supreme 
 court as shall be notified by the secretary of state, 
 shall attend without delay, and with the officers at- 
 tending, shall form the board. 
 
 § 3. Each member attending shall take and subscribe 0at h 
 an oath that he will faithfully discharge the duties of 
 the office of state canvasser, according to the best of 
 his ability. 
 
 § 4. Such oath shall be taken before the chancellor, 
 or one of the justices of the supreme court, or the re- 
 corder of the city of Albany, or a master in chancery, 
 and shall be filed, by the officer before whom the same 
 shall be taken, in the office of the secretary of state, 
 and there recorded. 
 
 § 5. The board when thus formed, shall upon the Mode of 
 certified statements of elections, recorded in the office P roceedlD ? 
 of the secretary, or received by him, proceed to make 
 a statement of the whole number of votes given at such 
 election, for the office of governor, lieutenant-govern- 
 or, or senator, or either of them, in the whole state, 
 distinguishing the several districts and counties in 
 which they were given ; the names of the persons, to 
 whom such votes shall have been given for either of 
 the said offices ; and the whole number of votes given 
 to each, distinguishing the several districts and coun- 
 ties in which they were given. They shall certify 
 such statement to be correct, and subscribe the same 
 with their proper names. 
 
 7 
 
50 
 
 § 6. Upon such statement, they shall then proceed 
 to determine and declare, what persons have been, by 
 the greatest number of votes, duly elected to such offi- 
 ces, or either of them. 
 
 § 7. They shall make and subscribe a certificate of 
 such determination, and deliver the same, together 
 with the statement so certified by them, to the secre- 
 tary of state. 
 
 Dissents § 8. If any one of the canvassers shall dissent from 
 tTsts. pr ° a decision of the beard, he shall state at large, in wri- 
 ting, the reasons of such dissent. 
 
 § 9. If any of the acts or proceedings of the board 
 shall appear to any one of the canvassers to be illegal 
 or irregular, such canvasser shall protest against the 
 same in writing, setting forth distinctly the grounds of 
 his protest. 
 
 $ 10. The canvasser so dissenting or protesting, 
 shall deliver his dissent or protest, signed with his 
 proper name, to the secretary of state. 
 
 Board may §11. The board shall have power to adjourn from 
 adjourn. ^ ^ a term not exceeding days. 
 
 [The four last ; are new. The other provisions of this article are conforma- 
 ble to the act of 1822, j 13 and U.] 
 
 ARTICLE SIXTH. 
 
 Or the subsequent duties of the Secretary of State. 
 To record / j jj e s j la jj recor( i ' m his office, in a book to be 
 5cc. kept by him for that purpose, each certified statement 
 and determination, which shall be delivered to him by 
 the board of state canvassers ; and every dissent or 
 protest, that shall have been delivered to him by a 
 canvasser. 
 
 To deliver § 2. He shall without delay deliver a copy, under 
 certificate?. tne sea i f hj s ffr ee ^ f sucn certified determination, 
 
51 
 
 to each person thereby declared to be elected, and 
 a like copy to the governor. 
 
 § 3. He shall cause a copy of such certified state- ^" h dtopub " 
 ment and determination, to be printed in the state 
 paper, and in one or more of the public newspapers 
 in each senate district, for which a senator shall have 
 been chosen. 
 
 [For the provisions of this article see act of 1822, $ 13.] 
 
 ARTICLE SEVENTH. 
 
 Of the duties of the Secretary of State, in certifying 
 and publishing the election of Members of Congress, 
 and Electors of President and Vice-President. 
 
 §> L Within days after each general elec- To P re P arft 
 
 j «/ o statement. 
 
 tion, at which representatives to congress shall have 
 been chosen, throughout the state, he shall, from the 
 statements transmitted to his office by the respective 
 county clerks, prepare a general statement, specify- 
 ing the number of votes for that office in each district 
 and county; the names of the persons for whom 
 given ; the number of votes given to each ; and the 
 names of the persons chosen in each district. 
 
 § 2. If from any county from which it shall be due, s P ecial 
 
 3. i n l 'ill* messenger, 
 
 such statement shall not be received by him, on or 
 before , it shall be his duty to procure 
 
 the same, by a special messenger, from the clerk of 
 such county. 
 
 § 3. He shall certify such general statement to be To mak* 
 correct ; annex thereto a list of all the persons cho- ^ r d ti ^ 1 t i c t 
 sen as representatives at such election; and cause 
 the same to be published in the state paper, and in 
 one or more of the public newspapers printed in the 
 city of New- York. 
 
 § 4. He shall prepare a general certificate under T° tr * ns * 
 the seal of this state, and attested by him as secreta- ^"oii. 
 ry thereof, addressed to the house of representatives °£^ sen ~ 
 
52 
 
 of the United States, in that congress for which any 
 persons shall have been chosen, of the due election 
 of the persons so chosen at the last general election 
 as representatives of this state in congress ; and shall 
 transmit the same to the said house of representa- 
 tives, at their first meeting. 
 
 § 5. If either of the persons so chosen at such gen- 
 eral election shall have been elected to supply a va- 
 cancy in the office of representative in congress, it 
 shall be mentioned by the secretary, in the statements 
 and certificates to be prepared by him. 
 
 § 6. After each special election to supply a vacan- 
 cy in the office of representative in congress, the sec- 
 retary shall publish the like statement, and transmit 
 the like certificate of the due election of the person 
 chosen. 
 
 [The foregoing six § have been compiled from g 11, 13, and 18, of the act 
 of 1822, with such alterations as were necessary to conform them to the gene- 
 ral plan of this chapter.] 
 
 His duty as §7. At the regular meeting of the electors of 
 tiaid'ec- 11 * president and vice-president of the United States, 
 tors. he shall prepare three lists of the persons chosen 
 or appointed electors; procure to the same the 
 signature of the governor; affix thereto the seal of 
 the state ; and deliver them, thus signed and seal- 
 ed, to the president of the college of electors. 
 
 [See laws of the United States, vol. 2, p. 22, act of March 1st, 1792J 
 iia^tii 
 
 ""W^IP 1 " 
 
 TITLE VI. 
 
 OF THE FORMS NECESSARY TO CARRY INTO EFFECT 
 THE PROVISIONS OF THIS CHAPTER. 
 
 [We have prepared precedents of all the forms which will be required to car- 
 ry this chapter into effect, but as they would unnecessarily increase the length 
 of this specimen, we have thought it expedient to omit them.] 
 
NOTE. 
 
 In compiling the preceding chapter, we have 
 endeavoured to render the system as perfect as pos- 
 sible, and have therefore proposed many new pro- 
 visions. We can scarcely expect that all our sug- 
 gestions should be adopted. We submit them to 
 the unprejudiced judgment of our fellow citizens, 
 with the remark, that an election ought to be regard 
 ed as a serious matter, both by those who conduct 
 it, and those who are to vote ; and considered in 
 reference to their end, and the effect they may have 
 in preventing disorder and other abuses, regulations 
 may be important, which, separately viewed, would 
 seem trivial or unnecessary. 
 
 It will probably be observed, that the foregoing 
 chapter contains no reference to cities. The omis- 
 sion is intentional; and will be supplied by adding 
 the necessary provisions to this or some other chap- 
 ter, or perhaps by introducing them into the acts 
 concerning the several cities. The penalties con- 
 tained in the existing election laws are also omitted. 
 Fines and forfeitures of every description, whether 
 to be enforced by civil or criminal prosecutions, are 
 penal in their nature ; and will therefore find their 
 proper place in the IV general division of the laws 
 to be revised, pursuing the arrangement stated in 
 the report. To prevent an implied repeal or sus- 
 pension of these and similar provisions, it is our in- 
 tention, when we shall submit for enactment the first 
 part of the w r ork, to propose a general law embracing 
 all the penalties, &x. which shall be found in the 
 law r s included in that branch of the revision, and 
 which it may be deemed advisable to retain. This 
 law if adopted, will afterwards appear as distinct 
 chapter of the penal statutes. 
 
 The same remarks as to cities, and penalties, are 
 applicable to Chapter VII. 
 
I 
 
CHAPTER VII 
 
 Of the Powers, Duties, and Privileges 
 of Towns. 
 
 TITLE I. 
 
 OF THE POWERS AND RIGHTS OF TOWNS AS BODIES 
 POLITIC, AND THE MODE OF EXERCISING THEM. 
 
 § 1. Each town in this state is a body politic, and Powers, 
 as such has capacity 
 
 To sue and be sued, in the manner prescribed in 
 the laws of this state : 
 
 To purchase and hold lands within its own limits, 
 and for the use of its inhabitants ; subject to the 
 power of the legislature over such limits : 
 
 To make such contracts, and to purchase and 
 hold such personal property, as may be necessary to 
 the exercise of its corporate or administrative pow- 
 ers : 
 
 And to make such orders for the disposition, regu- 
 tion, or use of its corporate property, as may be 
 deemed conducive to the interest of its inhabitants. 
 
 § 2. No town shall possess or exercise any corpo- Restric- 
 rate powers, except such as are enumerated in this tl0ns * 
 chapter ; or shall be specially given by law ; or shall 
 be necessary to the exercise of the powers so enu- 
 merated or given. 
 
 § 3. All acts and proceedings by or against a town, in what 
 in its corporate capacity, shall be in the name of such nametoac 
 town : but every conveyance of lands within the li- 
 mits of such town, made in any manner, for the use 
 or benefit of its inhabitants, shall have the same ef- 
 fect as if made to the town by name. 
 
56 
 
 § 4. The powers of a town, as a body politic, can 
 only be exercised in town meeting, or in pursuance 
 of a resolution there adopted. 
 
 [The first § of this title has been extracted from the decision of the Court of 
 Chancery of this state, in the case of The town of North Hempstead v the town 
 of Hempstead. (Hopkins' Rep. 288.) See also the case of Denton and others 
 v. Jackson and others. (2 Johns. Ch. Rep. 320.)-§ 2 contains a proper limita- 
 tion of the powers given in the preceding section. — § 3 was suggested by the 
 cases of Jacksonv. Carey, (8 Johns. Rep. 285,) and Jackson y.Hartwell (ib. 422.) 
 in which cases certain principles were established in regard to counties, that 
 would probably be extended to towns under the like circumstances. In the case 
 of The town of North Hempstead v. the town of Hempstead, it was also decided, 
 that by the division of a town a partition is effected of the common lands ; and 
 that each town becomes entitled to such part of those lands as may fall within 
 its limits. This principle will be introduced in an article concerning the divi- 
 sion of towns, which forms a part of chapter I. 
 
 We have introduced the principles established by the cases referred to, for the 
 purpose of remedying, by positive enactment, defects which have been found to 
 exist in the statutes concerning towns ; but which have hitherto been supplied 
 by judicial legislation. If the principles established by the courts are deemed 
 just, we think it will be useful to incorporate them, in express terms, in the sta- 
 tutes themselves. This will supply the omission discovered, prevent the possi- 
 bility of conflicting decision, and make the whole system depend on the enact- 
 ments of the legislature. If, on the other hand, the doctrines established by the 
 courts, though legal in their deduction be injurious in practice, there is the 
 greater reason for inviting to them the attention of the legislature} that the 
 omission may be otherwise supplied.] 
 
 TITLE II. 
 
 OF TOWN MEETINGS, AND THE TIME, PURPOSES, 
 AND MANNER OF HOLDING THE SAME. 
 
 ARTICLE I. 
 
 Of Jlnnual and Special Town Meetings. 
 
 General § 1. The municipal concerns of towns are admin- 
 provision i sterec [ by town meetings and town officers. 
 
 [New and declaratory.] 
 
 Townmee- § 2. The citizens of the several towns in this state, 
 ungs where q Ua iifi ec [ by t h e constitution to vote for elective offi- 
 cers, shall annually assemble and hold town meetings 
 in their respective towns, at such place in each town 
 as the electors thereof at their annual town meeting, 
 shall from to time appoint. 
 
 [Act of 1313 relative to the duties &c. of towns, $ 1 and 5, (2 R. L. 125.) 
 Laws of 1823, p. 207, $ 5 brought together. ! 
 
5? 
 
 § 3. Annual town meetings shall be held as fol- when heir 
 lows : 
 
 In the several towns of the counties of 
 on the in each year, &c. 
 
 And in all the other towns in this state on the first 
 Tuesday in April in each year. 
 
 [The existing statutory provisions in relation to the time of holding town 
 meetings, are singularly various and complicated. By the act of March 27th 
 1801 (1 K. & R. 325,) § 1, it was provided that town meetings should be held 
 on the first Tuesday in April, " except in the several towns in the county of De- 
 laware, the towns of Kingston and Lumberland in the county of Ulster, the 
 several towns in the western district, and the town of Thurman in the county of 
 Washington," in which townsthey were to be held on the Jirst Tuesday of March. 
 Between 1801 and 1813, several acts were passed fixing oi altering the times 
 of holding town meetings in different towns. In the revised act of 1813, § 1 
 (2 R. L. 125,) the first Tuesday in April is retained as the general day for hold- 
 ing town meetings throughout the state ; but in § 32 (p. 136,) it is provided that 
 where town meetings had been authorised to be held in any towns, by any prior 
 laws, on any other day, they should continue to be so held. To ascertain the. 
 days upon which those meetings are to be held, we have therefore been obliged 
 to examine the statutes from 1801 to this time. We find that about one hun- 
 dred and twenty acts have been passed on this subject, during that period ; thai 
 town meetings have been directed to be held, in particular towns on the second 
 Tuesday in February — the last Tuesday in February — the Monday preced- 
 ing the first Tuesday in March — The first Monday in March — the first Tues- 
 day in March — the second Tuesday in March — the first Tuesday in April — the 
 fourth Tuesday in April — the first Monday in May — and the second Tuesday 
 in May ; and, that in some cases, it is difficult to determine from the statutes, 
 on what day those meetings should be held. We shall arrange the provisions of 
 the existing statutes, and insert them in this section ; though perhaps it may be 
 practicable to make the time of holding these meetings uniform throughout the 
 state.] 
 
 § 4. There shall be chosen at the annual town. ofl ? ceiSt 
 
 j . . De chosen. 
 
 meetings in each town, one supervisor; one town 
 clerk ; not less than three nor more than five asses- 
 sors ; one or more collectors ; two overseers of the 
 poor; three commissioners of highways ; three com- 
 missioners and three inspectors of common schools; 
 one town sealer of weights and measures ; as main 
 overseers of highways as there are road districts in 
 the town ; and so many constables, fence viewers, 
 and pound masters as the electors may determine. 
 
 [Act relative to the duties &c. of towns, (2 R. L. 125,) $ 1. Act for the sup- 
 port of common schools, (laws of 1819, p. 190.) § 9. Act concerning weights 
 and measures, (1 R. L. 376,) § 2.] 
 
 § 5. Special town meetings may be held whenev- Special 
 ever any officer, chosen or appointed as hereinafter t0 
 provided, shall refuse to serve ; or shall die ; or re- 
 
 8 
 
58 
 
 move out of the town ; or become incapable of serv- 
 ing, before the next annual town meeting. 
 
 [Act relative to the duties &c. of towns, 2 R. L. 126, § 1.] 
 
 § 6. Special town meetings shall also be held, 
 whenever the same shall be required by application 
 in writing, addressed to the town clerk, and signed 
 by twelve or more freeholders. 
 
 [Same act, $ 16.] 
 
 Notices § 7. IS T o previous notice need be given of the an- 
 quked/ nua l town meetings; but the town clerk shall, at 
 least eight days before the holding of any special 
 . town meeting, cause notices thereof, under his hand, 
 to be posted at four or more of the most public 
 places in the town ; which notices shall specify the 
 time, place and purposes of such meeting. 
 
 [Same act, 6 T6.] 
 
 Powers of § 8. The electors of each town shall have power, 
 t_ at their annual town meetings, or at any special town 
 
 ing. 
 
 meeting which may be called for the purpose, 
 
 2R.L.125. To determine what number of constables, fence 
 viewers, and pound masters, shall be chosen in such 
 town for the then ensuing year : 
 ib - To elect such town officers as may be required to 
 be chosen: 
 
 2R.L.280. To direct such sum to be raised in such town for 
 $ 31 * the improvement of the roads and bridges therein, 
 for the then ensuing year, as may be necessary in 
 addition to the labor to be assessed ; not exceeding 
 two hundred and fifty dollars in any one year : 
 1R.L.2S7. To direct such sum to be raised in such town for 
 § 23 - the support of the poor for the then ensuing year, 
 as they may deem necessary :* 
 Laws of To direct such sum to be raised in such town, for 
 J^fj?; the support of common schools for the then ensuing 
 year, as they may deem necessary; not exceeding 
 
 * The act of the 27th Xovember, 1824, (laws of 1824, page 382,) establishing 
 county poor-houses in certain counties, and the acts subsequently passed, wili 
 render it necessary to revise the whole system, and to discriminate between 
 those counties in which county poor-houses are established, and those which 
 have been excepted. 
 
59 
 
 j he amount required by law to be raised for that pur- 
 pose in such town : 
 
 To direct the institution or defence of suits at law Laws of 
 or in equity, in all controversies between such town 
 and any other town, in relation to the town commons, 
 or other common property, or in relation to the par- 
 tition thereof: 
 
 To direct such sum to be raised in such town for2R.L.i32. 
 prosecuting or defending its common rights, as they ^ lo ' 
 may deem necessary : 
 
 To make such provisions and allow such rewards ?r.l. 135. 
 for the destruction of the noxious weed, called the 5 24 " 
 Canada thistle, as they may deem necessary, and to 
 raise money therefor: 
 
 To direct the town clerk of such town, to procure 2r.l. 130, 
 and deposit in his office, a standard brass yard, duly $ 29 ' 
 sealed and compared : 
 
 To establish and maintain pounds at such places ?^ L - 131 - 
 within such town as may be convenient: 
 
 To establish the compensation of the fence view- ?^ L j^ 
 ers and collectors of such town; but the compen- Sns^p. 
 sation of such collectors shall in no case be more 400 - 
 than five nor less than three per cent : 
 
 To establish the compensation of the commission- Laws of 
 ers and inspectors of common schools, of such town ; p ' 
 but such compensation shall not exceed the sum of 
 seventy-five cents per day, for each days service : 
 
 To make, from time to time, such prudential rules 2R.L.131. 
 and regulations as they may think proper, for the /i823*p. s 
 better improving of all lands owned by such town 207,5 5. 
 in its corporate capacity, whether commons or oth- 
 erwise; for maintaining and amending partition or 
 other fences around the same or any part there- 
 of ; for protecting such lands from any trespass ; 
 and for directing the time and manner of using the 
 same: 
 
 To make the like rules and regulations, for ascer-2R.L.i3i. 
 taining the sufficiency of all fences ■in such town;^ 12, 
 for determining the times, places and manner, in 
 which cattle, horses, sheep, or swine, shall or shall 
 
60 
 
 not be permitted to go at large ; and for impound- 
 
 ing such animals : 
 2R.L.131. To impose such penalties on persons offending 
 lf%%3™. a g amst an y ru ^ e or regulation established by such 
 207, § 5. town, as they may think proper ; not exceeding 
 
 twelve dollars and fifty cents for each offence : 
 2R.L.131. And to apply such penalties, when recovered, in 
 $ V2 ' such manner as they may think most conducive to 
 
 the interests of such town. 
 
 [This section includes all the general powers of town meetings, selected from 
 the various statutes referred to in the margin.] 
 
 orders of § 9. Every order or direction, and all rules and 
 injhj'force regulations, made by any town meeting, shall remain 
 tin revoked in force until the same shall be altered or repealed 
 at some subsequent town meeting; 
 
 [Act of 1813, 2 R. L, 131, § 12.] 
 
 Process not § 10. No civil process shall be served on an elec- 
 ta, be serv- tor? m an y town in this state, on any day during 
 which a town meeting shall be held in such town. 
 
 [New.] 
 
 ARTICLE II. 
 
 Of the mode of conducting Town Meetings. 
 
 Justices to § 1. It shall be the duty of the justices of the peace 
 presi e. o £ eacn ^ own> to attend every town meeting held 
 therein ; and such of them as shall be present shall 
 preside at such meeting, and shall see that the same 
 is orderly and regularly conducted. 
 
 [Act of 1813,2 R. L. 132, \ 16.] 
 
 Power to § 2. The officers so presiding shall have the like 
 order"™ autft01> ity to preserve order, to enforce obedience, 
 and to commit for disorderly conduct, as is possessed 
 by the board of inspectors at a general election. 
 
 J r [New.] 
 
 if justice cj 3. If there be no justice of the peace residing 
 town b cTerk m tne town, at the time of the meeting, or none shall 
 to preside, attend such meeting ; the town clerk last before elec- 
 
61 
 
 ted or appointed, shall preside, and shall possess the 
 like powers as the justices. 
 
 [2 R. L. 132, § 16.] 
 
 § 4. If there be neither justice of the peace, nor ^"j^ 8 
 town clerk, present at such meeting, then such per- cierk ab- 
 son as shall be chosen for that purpose by the elec- sent * 
 tors present, shall preside, and shall possess the like 
 powers as before. 
 
 [Same act, § 16.] 
 
 § 5. The town clerk last before elected or appoint- cierkofthe 
 ed, shall be the clerk of the town meeting, and shall meeting * 
 keep a faithful account of its proceedings, in which 
 he shall enter at length, every order or direction and 
 all rules and regulations, made by such meeting. 
 
 [New. Some memorandum is usually kept of the votes and proceedings of 
 town meetings. We have thought it would be useful to make it the duty of 
 some person to perform this service.] 
 
 § 6. If the town clerk be absent, or be required 
 to preside, then such person as shall be chosen for 
 that purpose by the electors present, shall act as 
 clerk of the meeting. 
 
 [New.] 
 
 § 7. Town meetings shall be kept open in the day Duration, 
 time only, between the rising and setting of the sun, 
 and if necessary, may be held two days successively, 
 but no longer. 
 
 [Act of 1813, 2 R. L. 127, § 4, slightly varied.] 
 
 § 8. All questions arising at town meetings shall Questions 
 be determined by the majority of the electors pre- e d W 601 
 sent ; and the officers presiding at such meeting shall 
 ascertain and declare the result of the votes upon 
 
 each question. 
 
 [Same act, $ 1 and 2.] 
 
 § 9. If any person offering to vote upon any ques- challenge* 
 tion arising at such town meeting, shall be challeng- 
 ed as unqualified, the presiding officers shall proceed 
 
62 
 
 thereupon in the manner prescribed in Chapter V, 
 Title 4, and Article 2 of the laws of this state. 
 
 [This refers to the preceding chapter " Of Elections," We have departed from 
 the existing law, (act of 1313, § 2,) which gives to the presiding officers, the 
 power of determining upon the right of the person offering to vote ; and have 
 allowed a challenge, not only in elections, but on all other questions.] 
 
 befikd ' t0 §10* The account of the proceedings of every 
 town meeting, subscribed by the clerk of such meet- 
 ing, and by the officers presiding, shall be filed in 
 the office of the town clerk, within two days after 
 such meeting. 
 
 [New.] 
 
 ARTICLE III. 
 
 Of the election of Town Officers* 
 
 Prociama- ^ \ t Before the electors shall proceed to elect any 
 town officer, proclamation shall be made of the open- 
 ing of the poll, and proclamation shall in like manner 
 be made of each adjournment, and of the opening 
 and closing of the poll until the election be ended. 
 
 Notice of ^ 2. At each opening of the poll in the forenoon, 
 me J n"&c. the officers presiding shall give notice at what hour 
 on that day the same will be adjourned ; and at each 
 opening after an adjournment, at what hour the same 
 will be closed for that day. 
 
 officers § 3. The supervisor, town clerk, assessors^ col- 
 ^ ow choscn lectors, overseers of the poor, commissioners of 
 highways, commissioners and inspectors of common 
 schools, and constables shall be chosen by ballot. 
 
 [Act of 1813, 2 R. L. 125 \ 1. Laws of 1819 p. 190, \ 9.] 
 
 § 4. All other town officers shall be chosen either 
 
 1 By ballot, 
 
 2 By ayes and noes, or 
 
 3 By the rising, or the dividing of the electors, 
 as the meeting may determine. 
 
63 
 
 § 5. When the electors vote by ballot, one ballot 
 only shall be required. 
 
 § 6. It shall contain written or printed, or partly 
 written and partly printed, the names of the persons 
 voted for, and the offices to which such persons are 
 intended to be chosen, and shall be delivered to the 
 presiding officers so folded as to conceal the contents. 
 
 § 7. When the election is by ballot, or by ayes Poii list 
 and noes, a poll list shall be kept by the clerk of the 
 meeting, on which shall be entered the name of each 
 person whose vote shall be received. 
 
 § 8. When the election is by ballot, the presiding Ballotbo> 
 officers shall deposit the ballots in a box to be con- 
 structed, kept, and disposed of, as near as may be, 
 in the manner prescribed in Chapter V. Title 4, and 
 Article 4 of the laws of this state. 
 
 § 9. At the close of every election by ballot, or as canvass 
 soon thereafter as may be convenient, the presiding 
 officers shall proceed publicly to canvass the votes ; 
 which canvass, when commenced, shall be continued 
 without adjournment or interruption, until the same be 
 completed. 
 
 § 10. Before the ballots are opened they shall be 
 counted and compared with the poll list, and the like 
 proceedings shall be had as to ballots folded together, 
 and as to differences in number, as are prescribed in 
 Chapter V. Title 4, and Article 5 of the laws of this 
 state. 
 
 § 11. The canvass being completed, a statement statement 
 of the result shall be entered at length by the clerk f ofthejresul 
 the meeting, in the account of its proceedings to be 
 kept by him as before required. 
 
64 
 
 Arsons t0 § 12, ^he C ^ er ^ °^ ever y town meeting, within five 
 elected, days thereafter, shall transmit to each person elected 
 to any town office, a notice of his election. 
 
 [The whole of this article, except § 3, is new, and is conformable to the fore- 
 going chapter " Of elections."] 
 
 ARTICLE IV. 
 
 Miscellaneous and local provisions concerning Town 
 Meetings. 
 
 Trustees in § 1. The trustees, authorized to be chosen by the 
 townfhow cftarters °f tne towns of Huntington and Brookhaven, 
 shosen in the county of Suffolk ; and of Rochester and Mar- 
 bletown in the county of Ulster, may be chosen by 
 the electors of those towns at their annual town meet- 
 ings. 
 
 [Act of 1813, 2 R. L. 135 $ 27.] 
 
 Trustees in § 2. The electors of the town of Westchester in 
 westches- tfte coun ty of Westchester, may at their annual town 
 meeting, and in the usual manner of electing town 
 officers, choose six freeholders, resident in the town, 
 trustees of said town. 
 
 [Act of 1813, 2 R. L. 136 § 28.] 
 
 § 3. Such trustees, or a majority of them, shall 
 and may order and dispose of all or any part of the 
 undivided lands in the town of Westchester, as fully 
 to every purpose, as trustees have been used to do, 
 under any patent or charter to the said town. 
 
 [Same act and §.] 
 
 § 4. They may also continue to lease out the right 
 and privilege of setting and keeping a ferry across 
 the East river from the town of Westchester to the 
 town of Flushing in Queens county, in like manner, 
 at the same rates of ferriage, under the same rules 
 aud regulations and for the like purposes as they have 
 lawfully been accustomed to do since the 18th day 
 of April 1785. 
 
 [Same act and \ . Being a sort of grant, we have in the two last sections 
 copied the words of the original.] 
 
65 
 
 § 5. The electors of the several towns in the coun- of °^ eers 
 ties of Suffolk, Queens, Kings and Richmond, may 
 
 ways in 
 
 choose as many overseers of highways as they shall Suffolk, &c. 
 deem necessary. 
 
 [Act of 1813, 2 R. L. 125,$ 1.] 
 
 § 6. The electors of the several towns in the coun- ^° x *° us 
 ties of Columbia, Albany, Essex, Clinton, Franklin coiumbS, 
 and Seneca, may at their annual town meetings, or &c - 
 at any special town meeting which shall be called 
 for the purpose, make provision for destroying nox- 
 ious weeds, on the lands of any person residing in 
 said towns, at the exclusive expense of such persons. 
 
 [Act of 1813, 2 R. L. 135, 5 26.] 
 
 § 7. The electors of the several tow T ns in the coun- Woives&c. 
 ties of Greene, Delaware, Lewis, Oneida, Chenan- £ c Greene " 
 go, Herkimer, St. Lawrence, Franklin, Tioga and 
 Allegany, may at their annual town meetings, or at 
 any special town meeting which may be called for 
 the purpose, make such provisions, and allow such 
 rewards for the destruction of wolves, panthers, and 
 wild cats in their respective towns, as they may 
 deem necessary. 
 
 [Laws of 1823, p. 207, } 3.] 
 
 § 8. Such rewards shall not exceed ten dollars 
 for each full grown wolf, five dollars for each wolf 
 whelp, or panther, and two dollars for each wild cat. 
 
 [Same act and ^.] 
 
 § 9. No person shall be entitled to such reward 
 unless he be an inhabitant of the town by which the 
 same is granted. 
 
 [Same act and {.] 
 
 § 10. Persons claiming such rewards for the de- 
 struction of wolves or panthers shall produce the 
 same evidence as is required in Chapter XV, Title 
 and Article of the laws of this state. 
 
 [Same act and The reference will be to the act concerning agriciilt'iie 
 i &c. in which the laws concerning noxious animals will find a place.] 
 
 9 
 
66 
 
 §11. Persons claiming such rewards for the de- 
 struction of wild cats, shall produce such evidence 
 as may be required by the supervisor of the town. 
 
 [Same act and §.] 
 
 TITLE III. 
 
 OF THE QUALIFICATIONS OF TOWN OFFICERS, AND 
 THE TENURE OF THEIR OFFICES. 
 
 Quaiinca- § 1 . No person shall be eligible to any town of- 
 fice, unless he shall be an elector of the town for 
 which he shall be chosen. 
 
 [2 R. L. 125, § 1, requires some to befreeholders, and all to be inhabitants.] 
 
 2R.L.125. k 2. Supervisors, town clerks, assessors, collec- 
 
 5 1. Laws r _ ' . ' . 
 
 of 1819, p. tors, overseers ol the poor, commissioners 01 high- 
 190, § 9. ways, an d commissioners of common schools, shall 
 
 also be freeholders of the town ; except in the towns 
 
 of 
 
 [We propose here to enumerate the several towns, chiefly in the western part 
 of the state, in which persons not freeholders are eligible to all town offices.] 
 
 § 3. In the towns enumerated in the last section, 
 every elector who 
 
 shall be eligible to all town offices. 
 
 [Some general qualification sufficiently liberal to reach all the excepted 
 cases, may be inserted here.] 
 
 § 4. No loan officer shall, during his continuance 
 in that office, be eligible to the office of supervisor. 
 
 [2 R. L. 138, $ 4.] 
 
 oath § 5. Every person chosen or appointed to the of- 
 
 fice of supervisor, town clerk, assessor, overseer of 
 the poor, commissioner of highways, town sealer, 
 fence viewer, or pound master, before he enters on 
 the duties of his office, and within ten days after he 
 shall be notified of his election or appointment, shall 
 take and subscribe, before some justice of the peace 
 
67 
 
 of the town, the oath of office prescribed in the 6th 
 article of the constitution of this state. 
 
 [No other town officers are now required to take an oath. See laws of 1321, 
 page 120, see also laws of 1823, p. 207, § 4.] 
 
 § 6. Such oath shall be administered without re- 
 ward, and the justice before whom the same shall be 
 taken, shall also without reward, certify in writing 
 the day and year when the same was taken, and 
 shall deliver such certificate to the person by whom 
 the oath was made. 
 
 [2 R. L. 129, §7.] 
 
 § 7. Such person within eight days thereafter, 
 shall cause the certificate to be filed in the office of 
 the town clerk. 
 
 [Same 
 
 § 8. If any person chosen or appointed to either Neglect to 
 of the town offices above enumerated, shall not take take oath * 
 and subscribe such oath, or shall not cause the cer- 
 tificate thereof to be filed as above required, such 
 neglect shall be deemed a refusal to serve. 
 
 [Conformable to 2 R. L. 129, $ 7.] 
 
 § 9. Every person chosen or appointed to the Notice oi 
 office of overseer of highways, or commisioner or acce i ltance 
 inspector of common schools, before he enters on 
 the duties of his office, and w r ithin ten days after he 
 shall be notified of his election or appointment, shall 
 cause to be filed in the office of the town clerk, a no- 
 tice in writing signifying his acceptance of such of- 
 fice. 
 
 [Laws of 1821, p. 120, $ 1 and 3.] 
 
 § 10. If any person chosen or appointed to either Neglect to 
 of the offices named in the last section, shall not give such 
 
 • notice 
 
 cause such notice to be filed, such neglect shall be 
 deemed a refusal to serve. 
 
 [Same $.] 
 
68 
 
 Collector §11. Every person chosen or appointed to the 
 bond e office of collector, before he enters on the duties of 
 his office, and within eight days after he receives 
 notice of the amount of the taxes to be collected by 
 him, shall execute to the supervisor of the town and 
 lodge with him, a bond with one or more sureties, 
 to be approved of by such supervisor, in double the 
 amount of such taxes, conditioned for the faithful ex- 
 ecution of his duties as such collector. 
 
 [2R. L.126,5 1. Laws of 1823, p. 400,^ 26.] 
 
 Bond to be § 12. The supervisor shall within six days there- 
 filed, &c. a ft erj file such bond in the office of the county clerk, 
 who shall make an entry thereof, in a book to be 
 provided for the purpose, in the same manner in 
 which judgments are entered of record ; and every 
 such bond shall be a lien on all the real estate held 
 jointly or severally by the collector or his sureties, 
 within the county, at the time of the filing thereof ; and 
 and shall continue to be such lien, till its condition 
 together with all costs and charges which may accrue 
 by the prosecution thereof, shall be fully satisfied. 
 
 [Laws of 1323, p. 400, $ 26.] 
 
 constable § 13. Every person chosen or appointed to the of- 
 curftv. 6 se fi° e °f constable, before he enters on the duties of 
 his office, and within eight days after he shall be no- 
 tified of his election or appointment, shall execute in 
 the presence of the supervisor or town clerk of the 
 town, with one or more sureties, to be approved of 
 by such supervisor or town clerk, an instrument in 
 writing under their hands and seals ; by which such 
 constable and his sureties shall jointly and severally 
 agree to pay to such persons respectively as may be 
 entitled thereto, all such sums of money as the said 
 constable may become liable to pay, on account of 
 any execution which shall be delivered to him for 
 collection. 
 
 [This § expresses the sense of the provision contained in the act of 1813, (2 R. 
 L. 126, § 1,) though the language has been somewhat altered. Quere. Why 
 should the instrument be under seal? This renders covenant the necessary ac- 
 tion. If without seals assumpsit would lie, which is the simplest remedy.] 
 
69 
 
 § 14. The supervisor or town clerk shall endorse instrument 
 on such instrument, his approbation of the sureties ^Vand 
 therein named, and shall then cause the same to be filed, 
 filed in the office of the town clerk. 
 
 [2R.L.126,§ 1.] 
 
 § 15. If any person chosen or appointed to the Neglect to 
 office of collector or constable, shall not give such^ esecun " 
 security, as is above required, within the time limited 
 for that purpose, such neglect shall be deemed a re- 
 fusal to serve. 
 
 [2 R. L. 129, $ 7.] 
 
 § 16. Town officers shall hold their offices for^ n » re ol 
 one year and until others are chosen in their places. ° ° e 
 
 [2R. L. 124, § 1.] 
 
 TITLE IV. 
 
 OF VACANCIES IN TOWN OFFICES AND THE MODE 
 OF SUPPLYING THEM. 
 
 § 1. If any town shall neglect, at its annual town Wheie 
 meeting, to choose its proper town officers or either gi^ts" 
 of them, it shall be lawful for any three justices of the choose 
 peace of the said town, by warrant under their hands 
 and seals, to appoint such officers ; and the persons 
 so appointed shall hold their respective offices till 
 the next annual town meeting, and shall have the 
 same powers and be subject to the same duties and 
 penalties, as as if they had been duly chosen by the 
 electors. 
 
 [2 R. L. 127, § 5, so arranged as to conform in express terms to the decision 
 ©f the Supreme Court in the case of Wildy v. Washburn, 16 Johns. 49.] 
 
 § 2. The justices making such appointment, shall 
 cause such warrant to be forthwith filed in the office 
 of the town clerk, who shall give notice to the per- 
 son appointed, as in other cases. 
 
 [New.] 
 
70 
 
 in case of § 3. jf any person chosen or appointed to any 
 teat c town office, except the office of collector, shall refuse 
 to serve, or shall die, or remove out of the state, or 
 become incapable of serving before the next annual 
 town meeting after he shall have been chosen or ap- 
 pointed, the town clerk shall within eight days after 
 the happening of such refusal, death, removal or in- 
 capacity, call a special town meeting for the purpose 
 of supplying such vacancy. 
 
 [2 R. L. 127, J 5, but some additions, and collector excepted.] 
 
 § 4. If the electors shall not, within fifteen days 
 after the happening of such vacancy, supply the same 
 by an election at town meeting, the same shall be 
 supplied by the justices of the town, in the like man- 
 ner, and with the like effect as above provided. 
 
 [2 R. L. 127, $ 5.] 
 
 vacancies § 5. Vacancies in the office of collector shall be 
 ir'soffice Ct " supplied in the manner prescribed in Chapter XII. 
 Title and Article of the laws of this state. 
 
 [Refers to that part of the tax law in whbh the provisions of the act of 1823. 
 (p. 400, § 27,) are inserted.] 
 
 TITLE V. 
 
 OF THE DUTIES OF CERTAIN TOWN OFFICERS. 
 
 ARTICLE I. 
 
 Duties of Town Officers, in the performance of which 
 more than one is required. 
 
 ofdecSn § 1* supervisor, assessors, and town clerk of 
 each town, or a majority of them, shall be the inspec- 
 tors of all elections in such town, other than for town 
 officers ; and shall perform the duties enjoined on 
 such inspectors in Chapter V. of the laws of this 
 state, 
 
 [Laws of 1822, p. 267, $ 2.] 
 
71 
 
 5 2. The supervisor and town clerk, together with Auditors 01 
 
 , y . . JP , - . accounts 
 
 the justices ot the town, or a majority ot such justi- 
 ces, shall be the auditors of the accounts of the over- 
 seers of the poor, and the commissioners of high- 
 ways of such town. 
 
 [1 R. L. p. 290, \ 28. 2 R. L. 280, $ 31.] 
 
 § 3. They shall meet for the purpose of examining 
 such accounts, on the Tuesday preceding the annual 
 town meeting, to be held in such town. 
 
 [lb. This article is imperfect.] 
 
 ARTICLE II. 
 
 Duties of the Supervisor. 
 
 § 1. The supervisor of each town shall receive To receive 
 and disburse all monies raised therein for defraying m<^ urs ! 
 town charges, except those raised for the support of 
 the poor, and of common schools. 
 
 [Founded on 2 R. L. 138, $ 2. and act of 1819 p. 190, $ 7. Poor monies are 
 paid to overseers of poor, school monies to commissioners.] 
 
 § 2. He shall keep a just and true account of the To kee \ 
 receipt and expenditure of all monies which shall account 
 come into his hands by virtue of his office, in a book 
 to be provided for that purpose at the expense of the 
 town, and to be delivered to his successor in office. 
 
 [New, but conceived to be useful.] 
 
 § 3. On the Tuesday preceding the annual town when w 
 meeting, and between the first and last Mondays of account 
 September in each year, he shall account with the 
 justices of the peace and town clerk of the town, for 
 all monies received by him. 
 
 [By £ 2 of the act for defraying the charges in the respective counties, &c. (2 
 R. L. 138,) the supervisor is required to account on or before the last Monday 
 of September in each year. We think it would also be useful to have him ac- 
 count at the same time with the overseers of the poor and commissioners ol 
 highways, to the end that the result may be stated to the town meeting. As the 
 supervisor, justices, and town clerk are required to meet on the Tuesday preced- 
 ing the town meeting, for the purpose of examining those accounts, there can be 
 no inconvenience in requiring the supervisor to account at the same time. This 
 5 has therefore been so framed as to effect that object. 1 
 
72 
 
 § 4. At every such accounting, the justices and 
 town clerk shall enter a certificate in the supervisor's 
 book of accounts, shewing the state of his accounts at 
 the date of the certificate. 
 
 [New.] 
 
 leeun^tf § ^* ^ e supervisor of each town shall attend the 
 boaViofsu- annual meeting of the board of supervisors of the 
 pervisors. county, and every adjourned or special meeting of 
 such board, of which he shall have notice. 
 
 [2 R. L. 137, § 1. The provision as to adjourned or special meetings is new, 
 though adjourned meetings are frequent, and special meetings are authorised in 
 some counties. See laws of 1825, p. 3.] 
 
 To present Ǥ 6. He shall receive all accounts against the town, 
 The C im nts t0 and shall lay them before the board of supervisors, 
 at their next meeting. 
 
 (New.) 
 
 And entries § 7. He shall also lay before the board of super- 
 fee Ta™eT° visors such copies of entries concerning monies voted 
 
 to be raised in his town, as shall be delivered to him 
 
 by the town clerk. 
 
 (New. See Post art. 3, § 3.) 
 
 § 8. In addition to the provisions contained in this 
 Chapter, the supervisor shall perform the duties en- 
 joined in Chapters of the laws of this state. 
 
 [In this manner a convenient reference may be made to every other chapter 
 which relates to supervisors' duties.] 
 
 ARTICLE III. 
 
 Duties of the Town Clerk. 
 
 To keep ^ i. The town clerk of each town in this state 
 cordV&c shall have the custody of all the records, books and 
 papers of the town. 
 
 (New in terms, but conformable to the existing practice.) 
 
 § 2. He shall record in a book to be kept for that 
 purpose, every order or direction, and all rules and 
 regulations made bv anv town meeting in such town. 
 
 (2F.L. 131,$ 12.) 
 
73 
 
 § 3. He shall deliver to the supervisor, on or be- To *ai»ei 
 fore the first day of October in each year, certified u^Tos"" 
 copies of all entries of votes for raising money, made penrhw 
 since the last meeting of the board of supervisors 
 and recorded in the town book. 
 
 [Similar provision in relation to poor monies voted to be raised, 1 R. L. 287 
 23. We have made it general.] 
 
 § 4. Upon the death or expiration of the office of To deliver 
 any town clerk, all the records, books, and papers t0 s uccesioi 
 belonging to the office shall be delivered to the suc- 
 ceeding town clerk, upon the oath of the preceding 
 town clerk, or in case of his death, upon the oath of 
 his executors or administrators. 
 
 [2 R. L. 130, $ 11.] 
 
 orm o: 
 
 § 5. Such oath shall be administered by the town f 
 clerk, and shall be in the following words — oath 
 
 [Form will be here given.] 
 
 § 6. The town clerks, immediately after the qua- To return 
 lifying of any constables chosen or appointed, in their ^Vies c ° e 
 respective towns, shall return to the clerks of their 
 respective counties the names of such constables. 
 
 [2 R. L. 129, § 8, conformed to 1819, p. 31, § 2. This $ requirrs it to be 
 done after qualifying, which was implied though not expressed in the { in 1819, 
 p. 31.] 
 
 § 7. In addition to the provisions contained in 
 this chapter, the town clerk shall perform the duties 
 enjoined in chapters of the 
 
 laws of this state. 
 
 [New.] 
 
 ARTICLE IV. 
 
 Duties of Fence Viewers and Powid Masters, and 
 herein of division fences aud cattle doing damage. 
 
 § 1. Where the lands of any two or more persons Pwfcioa 
 shall join each other, each of them shall make and fence5 
 maintain a just proportion of the division fence be- 
 tween them, unless such persons shall choose to let 
 their lands lie open. 
 
 [2R.L. 133, part of} 17.1 
 
 10 
 
74 
 
 Disputes § 2. If disputes arise between such persons, con - 
 Sow cerning the proportion of the fence to be made or 
 settled. maintained by either of them, such disputes shall be 
 settled by the fence viewers of the town, or any two 
 of them, whose decision shall be conclusive. 
 
 [Same $.] 
 
 § 3. If any such person shall neglect or refuse to 
 make and maintain his proportion of such fence ; or 
 shall permit the same to be out of repair ; he shall 
 be liable to pay to the party injured all such dama- 
 ges as shall accrue thereby, to be ascertained and 
 appraised by the fence viewers of the town, or any 
 two of them, and to be recovered with costs of suit. 
 
 [Same §.] 
 
 § 4. If such neglect or refusal shall be continued, 
 for the period of one month after request to make 
 or repair such fence, the party injured may make or 
 repair the same, at the expense of the party so neg- 
 lecting or refusing ; to be recovered from him with 
 costs of suit. 
 
 [Same 
 
 whendivi- § 5. If any person who shall have made his pro- 
 Bion fence p 0r tion of a division fence, shall be disposed to suf- 
 
 may be ve- £ , . , , , . , i • p 
 
 moved. ler his lands to lie open ; he may remove his tence, 
 after first giving to the person in possession of the 
 lands adjoining, three months notice of his intention 
 so to do. 
 
 [Same §.] 
 
 § 6. If any such fence shall be removed without 
 such notice, the party removing the same, shall pay 
 to the party injured all such damages as he may 
 sustain thereby, to be recovered with costs of suit. 
 
 [Same §.] 
 
 i 
 
 Reparation § 7. Whenever a division fence shall be injured 
 fence! isi0n or destroyed by floods, or other -casualty, the per- 
 son bound to make and repair such fence or any 
 
75 
 
 part thereof, shall make or repair the same or his 
 just proportion thereof, within ten days after he shall 
 be thereunto required by any person interested 
 therein. 
 
 [2 R. L. 133, § 18, and preamble, — extended to other casualties.] 
 
 § 8. If such person shall refuse or neglect to make 
 or repair his proportion of such fence for the space 
 of ten days after such request, the party injured may 
 make or repair the same, at the expense of the party 
 so refusing or neglecting, to be recovered from him 
 with costs of suit. 
 
 [Same §.] 
 
 § 9. There shall be made and kept in each town Pounds 
 in this state, one or more sufficient pounds, which 
 shall be under the care and direction of such pound 
 master, as shall be chosen or appointed for the pur- 
 pose. 
 
 [2R. L. 134,521.] 
 
 § 10. Whenever a distress shall be made of beasts D i Str ess of 
 doing damage, the person distraining, shall within cattle doing 
 twenty-four hours thereafter, unless the distress be damage ' 
 made on Saturday, in which case he shall before 
 Tuesday morning thereafter, make application to 
 the nearest fence viewers in the town, to ascertain 
 and appraise the damage. 
 
 [2R.L. 134, § 19.] 
 
 § 11. Such fence viewers shall immediately go to Dutyot 
 the place where such damage was committed, and fence view 
 view the damage done, and shall ascertain, appraise ers ' 
 and certify under their hands, the amount thereof, 
 with their fees. 
 
 [Same $.] 
 
 § 12. If any dispute shall arise concerning the suf- 
 ficiency of the fence, it shall be determined by the 
 same fence viewers, whose decision shall be conclu- 
 sive. 
 
 [Same }.] 
 
76 
 
 B m asts l ? § After the damages have been appraised and 
 be jmpoun cert jg e( ^ an( } w ithin forty-eight hours after making 
 the distress, the person distraining, unless the dama- 
 ges shall be sooner paid, shall cause the beasts dis- 
 trained, to be put in the nearest pound in the same 
 county. 
 
 [Same §. See also 4 John. R. 191, 10 John. R. 253.] 
 
 § 14. Such beasts shall there remain, until the 
 sum certified by the fence viewers, with the fees of 
 the pound master, shall be paid, or the beasts so im- 
 pounded be replevied. 
 
 [Same §.] 
 
 And sold. § 15. If such owner shall not pay the certified 
 damage with the fees of the fence viewers and pound 
 masters, and the reasonable charges for feeding and 
 keeping such beasts, (not exceeding three cents for 
 each beast for twenty-four hours,) within six days 
 after they shall be impounded, or replevy the same, 
 the pound master shall sell such beasts by public 
 auction. 
 
 [2 R. L. 134, $ 21.] 
 
 si!? 6 oi §16. He shall give at least forty-eight hours pre- 
 vious notice of such sale, by advertisement to be set 
 up at the pound, and at the public place nearest 
 thereto. 
 
 [Same §.] 
 
 Disposition § 1 7. Out of the monies arising from such sale the 
 pound master shall pay to the party injured, and to 
 the fence viewers, their damages and fees ; retain 
 in his hands his own fees and charges; and return 
 the overplus monies to the owner of the beasts. 
 
 [Same §.] 
 
 § 18. If the owner shall not appear and claim such 
 overplus, within six calendar months after such sale, 
 the same shall be paid to the overseers of the poor 
 of the town, where such beasts were impounded, for 
 the use of the poor of such town. 
 
 [Same §.] 
 
71 
 
 § 19. The pound masters shall be allowed the Fees r 
 following fees for their services, to wit: for taking j^" w 
 into the pond and discharging therefrom every horse, 
 ass, or mule, and all neat cattle, twelve and a half 
 cents ; for every sheep or lamb three cents ; and for 
 every hog six cents. 
 
 [It may perhaps be found convenient to refer part of the contents of this arti- 
 cle to the general title of Distresses, which will find a place in the III division 
 of the statutes.] 
 
 ARTICLE V. 
 
 Duties of Constables* 
 
 § 1 . It shall be the duty of the several constables 
 to attend at the opening of every town meeting and 
 election, held in their respective towns ; and such of 
 them as shall be designated for that purpose by the 
 board of inspectors, shall remain in attendance du- 
 ring such town meeting, and during such election 
 and the succeeding canvass. 
 
 [New. See ante Chap. V. Tit. 4, Art. 1, § 6. The other duties of consta- 
 bles being connected with the administration of justice, must be referred to their 
 appropriate heads.] 
 
 For the duties of Assessors and Collec- 
 tors, see Chapter XI. " Of the assessment and 
 collection of taxes.'' 
 
 For the duties of Commissioners and Over- 
 seers of Highways, see Chapter XVI. " Of 
 Highways and Bridges." 
 
 For the duties of Commissioners and Inspec- 
 tors of Common Schools, see Chapter XIV. 
 " Of Public Instruction." 
 
 For the duties of Town Sealer, see Chap- 
 ter XV. " Of Agriculture, Trade, and Manu- 
 factures." 
 
 [The act concerning "the money of account, and weights and measures," will 
 probably be revised with other regulations concerning trade.} 
 
78 
 
 The duties of assessors, overseers of the poor, &c. 
 cannot be separated from the general subjects to 
 which they relate, and are therefore omitted in this 
 place. 
 
 TITLE VI. 
 
 OF TOWN CHARGES AND THE MODE OF DEFRAYING 
 
 THEM. 
 
 what a § i. Every sum directed to be raised for any 
 chTrge town purpose, by the vote of a town meeting and 
 
 the allowance of the board of supervisors, is a charge 
 
 on such towTi. 
 
 [New and declaratory.] 
 
 § 2. The compensation of the assessors, inspec- 
 tors of elections, commissioners of highways, inspec- 
 tors and commissioners of common schools, and of 
 the town clerk as clerk of the last named commis- 
 sioners, is also a town charge. 
 
 [2 R. L. 137, 1823, p. 238— 1819, p. 192, $ 11.] 
 
 To whom § 3. Accounts for town charges of every descrip- 
 sented Pie ~ ^ on ' are to ^ e presented to the supervisor of the 
 town, to be laid by him before the board of supervi- 
 sors of the county. 
 
 [New. See ante Tit. 5, Art. 2, § 6.] 
 
 How raised § 4. The monies necessary to defray the town 
 charges of each town in this state, are to be levied 
 on the taxable property in such town, in the manner 
 prescribed in Chapters VIII. and XI. of the laws of 
 this state. 
 
 [This title is imperfect, and cannot be completed, until the late report of the 
 comptroller and the accompanying bills are disposed of by the legislature.] 
 
FROM WHICH THE PRECEDING CHAP- 
 TERS HAVE BEEN PRINCIPALLY 
 COMPILED. 
 
 [We subjoin the general election law passed in 1822, and the revised act 
 concerning the po\ver9, duties and privileges of towns, passed in 1813. Many- 
 provisions relating to these subjects, found in other and subsequent statutes, 
 have been incorporated in the preceding chapters. As the following acts will 
 afford the means of a general comparison ; and as the other enactments have 
 been carefully noted in the references made by us ; we have thought it unneces- 
 sary to increase the length of this report, by adding them here. The passages 
 printed between brackets have been omitted, as more properly referrible to other 
 chapters.] 
 
 AN ACT FOR REGULATING ELECTIONS. Laws °l 
 
 1822, p 267 
 
 Passed April 17, 1822. 
 
 I. BE it enacted by the People of the State of New- Elections 
 York, represented in Senate and Assembly, That all ^ be "held 
 elections for governor, lieutenant-governor, senators, fiist Mon - 
 representatives in the congress of the United States, L°ch N ° T 
 members of assembly, sheriffs, coroners, and clerks y ear ' and 
 of counties, [including the register and clerk of the° pen3days 
 city and county of New-York,] shall be by ballot; 
 
 and that such elections [in the cities of New-York, 
 Albany and Schenectady, shall be by wards,] and in 
 all the other parts of the state by towns ; and that 
 the first Monday of November in every year, shall be 
 the anniversary day on which such election shall be 
 held, and from which the same shall be continued 
 by adjournment, from day to day, for three succes- 
 sive days, including the first. 
 
 II. And be it further enacted, That the supervisor, J"2! ecWrs 
 assessors, and town clerk of the several towns in this dons 6 in e ° 
 state, or a majority of them actually in office, shall, tow ° s ano : 
 from time to time, be the inspectors of such elections how chose i ■ 
 in their respective towns;* [and that in the cities of incitie " 
 New-York, Albany, and Schenectady, such inspec- 
 
 * The former part of this 5 introduced in Chaptor VII. Title 5, \rt. 1. 
 
80 
 
 tors shall be appointed by the common council of 
 said cities respectively, at their usual place of meet- 
 ing in each of the said cities, on or before the second 
 Monday of October in every year, who then and there 
 shall, by plurality of voices, elect from among the 
 substantial freeholders, actually resident in each ward 
 of the said cities, three persons for inspectors of such 
 election, then next to be holden in such ward, any 
 two of whom may act ; and in case of the death or 
 inability of either of them to act, the said common 
 council may thereafter appoint others in their places. 
 
 de?kofthe IIL M be it further enacted, That the clerk of 
 senate in the senate shall annually, between the first days of 
 ting to she- ^ u ty anc ^ September, inclose and send in writing, 
 riffs notice under his hand, to each of the sheriffs of the diffe- 
 of election, rent coun tj es of this state, a notification of the names 
 of the senators for the senate district to which such 
 county shall belong, whose seats will become vacant 
 on the last day of December thereafter ; and of the 
 names of those, if any, whose seats may have become 
 vacant by death, or otherwise, and of the number of 
 senators to be elected in such district, at the then 
 ensuing election; and also, that a governor, and 
 lieutenant-governor, or a lieutenant-governor only, 
 as the case may require, is, or are then to be chosen ; 
 and in case any vacancy shall happen in the office 
 of any senator, on or after the first day of Septem- 
 ber, and before the fifteenth day of October, in any 
 year, then the said clerk shall immediately thereafter 
 give the like notification of the name of every sena- 
 Duty of tor whose seat shall so become vacant; and in case 
 J^ taryof of the death, inability, or removal of such clerk out 
 of this state, it shall be the duty of the secretary of 
 this state to make and send such notification ; and 
 each sheriff shall, without delay, transmit a copy of 
 such notification to one of the inspectors in each 
 town or ward in his county, and also affix a copy 
 thereof on the door of the court-house in his county. 
 
81 
 
 IV. And be it further enacted, That each inspeo Duty of 
 tor, upon receiving such notification, shall immedi- J^eup™ 
 ately give notice thereof to the other inspectors of 
 his town [or ward;] and the said inspectors, or a 
 majority of them, shall, without delay, meet togeth- 
 er, and by writing under their hands, to be fixed up ^ 
 in at least five of the most public places of such town 
 [or ward,] give eight days notice of the time and 
 place, or the times and places, which to them shall 
 appear most convenient for the electors within the 
 same to meet, for the purposes of the said election, 
 to vote for governor, lieutenant-governor, senators, 
 representatives in the congress of the United States, 
 members of assembly, sheriffs, coroners, and clerks 
 of counties, [including the register and clerk of the 
 city and county of New- York,] or for such of them 
 as the said election shall then be held for, in such 
 towns [and wards;] in which said notice, the said 
 inspectors shall mention which, and how many of 
 the said officers are to be voted for by the electors ; 
 and at the time and place of opening such election, 
 the said inspectors shall publicly administer to each 
 other, and severally take the following oath : " 1, ° ^by 6 
 do solemnly and sincerely swear and declare, the ir.spec 
 in the presence of Almighty God, (or i, do tors - 
 
 solemnly and sincerely affirm and declare,) that I 
 will, in ail things, well, faithfully, honestly, and im- 
 partially, and according to the best of my knowledge 
 and abilities, execute the office of inspector of this 
 election, and that I will faithfully and impartially can- 
 vass and estimate the ballots taken at the same elec- 
 tion, and certify a true and just statement of the same, 
 according to my best understanding; and that if I 
 shall discover any of the other persons who shall at- 
 tend with me for the purpose aforesaid, conducting 
 himself or themselves partially, unduly, or corruptly 
 in the premises, that I will divulge or discover the 
 same ; to the end, that the person so offending may 
 be brought to justice." And further, That in each 
 town [or ward,] the inspectors shall appoint two or 
 
 11 
 
cierks of more competent clerks of such election, each oi 
 iobfcho- n whom shall keep a poll list of the same, under the 
 sen, and direction of the inspectors, and take the following 
 their oaths. oat ^ tQ ^ e administered by the said inspectors, to 
 wit : " I, do solemnly and sincerely swear and 
 
 declare, (or, I, do solemnly and sincerely af- 
 
 firm and declare,) that I will faithfully, truly, honest- 
 ly, and impartially, enter and keep the poll lists at 
 this election, and in all things will faithfully, truly, 
 honestly, and impartially, according to the best of my 
 knowledge and abilities, do, perform, and fulfil my 
 duty as a clerk thereof." And the said inspectors 
 shall preside at such election, and conduct and di- 
 rect the same, according to the regulations of this 
 act, and be the returning officers thereof, in manner 
 prociama- hereinafter directed. And the inspectors and clerks 
 tion on being sworn as aforesaid, the said inspectors shall 
 poiU &c. e cause proclamation to be three times made, as fol- 
 lows, to wit : " Hear ye, hear ye, hear ye, the poll 
 of this election is opened, and all manner of persons 
 attending the same are strictly charged and com- 
 manded, by the authority and in the name of the peo- 
 ple of this state, to keep the peace thereof, during 
 their attendance at this election, upon pain of im- 
 prisonment which proclamation shall be repeated 
 at every subsequent opening of the poll, after an ad- 
 journment thereof; and proclamation of every such 
 adjournment, and of the closing thereof, shall also in 
 Provi<;o like manner be made : Provided always, That always 
 the proclamation by which the same shall be closed, 
 shall be preceded three hours by a proclamation no- 
 tifying that the same will be so closed ; and the poll 
 of every such election shall be kept open in the day 
 time only, between the rising and the setting of the 
 sun. 
 
 Poll in the V. And be it further enacted y That the poll of eve- 
 h ty kri'to r y sucn election in the city of New- York, shall be 
 be ke P t° opened at or before ten o'clock in the morning of 
 open ' each day on which the said election shall be held. 
 
83 
 
 and shall be kept open on each day of such election, 
 until the setting of the sun. 
 
 VI. And be it further enacted^ That at every such 10 
 election, there shall be kept by the clerks of the said bekept ' 
 election, one poll list of persons who vote for gov- 
 ernor, lieutenant-governor, and senators, one poll 
 list of persons voting for representatives in the con- 
 gress of the United States, one poll list of persons 
 voting for members of assembly, sheriff, clerk, and 
 coroners of counties; [and in the city of New- York, 
 for clerk and register of said city,] or for so many of 
 them as shall be voted for at any such election : and P eiSon s to 
 
 . in ii» vole where 
 
 that no person shall vote at^any such election, ex- they reside 
 cept in the town or ward in which he shall actually 
 reside. 
 
 VII. And be it further enacted, That the mode of Mode of 
 conducting every such election, shall be as follows : ^ekctk^ 
 Every person wjio shall be qualified according to 
 the constitution of this state, as lately adopted by 
 the people thereof, and shall offer himself to vote 
 for governor, lieutenant-governor and senators, shall, 
 at such election, openly deliver his ballot for gover- 
 nor, lieutenant-governor, and senators, or such of 
 them as shall be then to be chosen, to one of the in- 
 spectors, who shall receive the same, in the presence 
 of the other inspectors ; which ballot shall be a pa- one ballot 
 per ticket, containing the name of a person for go- j^f^i 
 vernor, and the name of a person for lieutenant-go- tors, &c. 
 vernor, and the names of so many persons for sena- 1^^, 
 tors, as shall be then to be chosen in that senate dis- be put into 
 trict, wherein the elector shall reside, or such and so onp box 
 many of them respectively, as are then to be chosen, 
 and such elector shall think proper to vote for, seve- 
 rally written or printed, or partly written and partly 
 printed, on the same paper ticket, and distinguishing 
 who is voted for as governor or lieutenant-governor, 
 when they, or either of them, are to be chosen, and 
 who are voted for as senators, and the said paper 
 
34 
 
 ticket shall be so folded or closed as to conceal the 
 contents thereof; and on the receipt of every ballot 
 or ticket for governor, lieutenant-governor, and sena- 
 tors, or any of them, the inspectors shall cause the 
 name of the elector to be entered in the books or poll 
 lists for governor, lieutenant-governor, and senators, 
 or such of them as are then to be chosen, by all the 
 clerks, and shall cause the ballot, without suffering 
 the same to be inspected, to be put into a box to be 
 provided for the purpose of receiving the ballots for 
 governor, lieutenant-governor and senators, or such 
 of them as are then to be chosen, with a sufficient 
 lock thereto : and which box shall be locked, and 
 the key thereof kept, c(uring the election, by one of 
 the inspectors attending such election, to be appoint- 
 ed for that purpose by the major part of them : and 
 a small hole shall be made in the lid or cover of the 
 said box, sufficient only to receive each ballot, and 
 through which all the ballots shall be put into the said 
 box, and which box shall only be ouened at the times 
 Another herinafter mentioned. And further, That every person 
 representa- who shall be qualified as aforesaid, and offer himself 
 tives in con- 10 vo te for representative or representatives in the 
 luttntoan- congress of the United States, if any are at such 
 other box election to be chosen, shall openly deliver his ballot 
 for such representative or representatives, to one of 
 the inspectors, who shall receive the same, in the 
 presence of the other inspectors : which ballot shall 
 also be a paper ticket, containing the name or names 
 of as many persons for representatives in the congress 
 of the United States, as is or are then to be voted for, 
 in the congressional district in which such elector 
 shall then reside, or so many of them as such elector 
 shall think proper to vote for, severally written or 
 printed, or partly written and partly printed, on the 
 same paper ticket ; and the said paper ticket shall be 
 so folded or closed, as to conceal the contents there- 
 of; and on the receipt of every ballot or ticket for 
 representatives in the congress of the United States, 
 the inspectors shall cause the name of the elector to 
 
85 
 
 be written on the books or poll lists for such reprt - 
 sentatives, by all the clerks, and shall cause the bal- 
 lot, without suffering the same to be inspected, to 
 be put into a box to be provided for the purpose of 
 receiving the ballots for such representatives, with a 
 sufficient lock thereto : which shall be locked, kept 
 and disposed of in the same manner as the box for 
 receiving the ballots for governor, lieutenant-gover- 
 nor and senators, above-mentioned. And further, ^V^n . 
 
 i*'/* i r -ill third ballot 
 
 That every person, qualified as aforesaid, who snail for mem- 
 offer himself to vote for members of assembly, she- g^My^be 
 riff, coroners, and clerk of counties, [and in the city rift; coro* 
 of New-York, for the register and clerk of said city,] £ e c rs, (f„ r ^ 
 shall at such election, openly deliver his ballot for city of n. 
 members of assembly, sheriff, coroners, and clerk ^f^^Sr&c 
 the county, [and in the city of New- York, for the tobeputin- 
 clerk and register of said city,] or such of them as J^* th,n1 
 shall be then to be chosen, to one of the inspectors, 
 who shall receive the same in the presence of the 
 other inspectors ; which ballot shall also be a paper 
 ticket, containing the names of as many persons for 
 members of assembly, as are then to be chosen for 
 the county wherein such elector shall then reside, 
 the name of a person for sheriff of said county, the 
 name of a person for clerk of said county, and the 
 names of so many persons for coroners of said coun- 
 ty, as are then to be chosen therein ; [and if in the 
 city of New- York, then the name of a person for 
 clerk of said city, and the name of a person for 
 register of said city,] or such and so many of them 
 respectively as are then to be chosen, and such elec- 
 tor shall think proper to vote for, severally written 
 or printed, or partly written and partly printed, on 
 the same paper ticket, and distinguishing who is or 
 are voted for, as member or members of assembly, 
 sheriff, clerk, and coroners, of said county : [and in 
 the city of New- York, for clerk and register of said 
 city ;] and the said paper ticket shall be so folded 
 or closed as to conceal the contents thereof ; and on 
 the receipt of every ballot or ticket for members of 
 assembly, sheriff, clerk, and coroners of counties, [and 
 
86 
 
 in the city of New- York for clerk and register of said 
 city,] or any of them, the inspectors shall cause the 
 name of the elector to be written in the books or poll 
 lists kept for the officers voted for on such ballot, by 
 all the clerks ; and shall cause the ballot, without suf 
 fering the same to be inspected, to be put into a box 
 to be provided for the purpose of receiving the said 
 votes with a sufficient lock thereto ; which shall be 
 locked, kept, and disposed of, in the same manner 
 as the box for receiving the ballots for governor, 
 . lieutenant-governor, and senators, above mentioned, 
 on ad- ji n( i f ur tfier, That on every adjournment of the poll, 
 poii lists to all the clerks' books or poll lists shall be carefully 
 ed anci pa ut com P are d in the presence of the inspectors, and any 
 in the boxes mistake in either of them shall be corrected accor- 
 &c. and j| n or to the judgment of a majority of the inspectors : 
 
 now secur- o j <_> j j x 
 
 ed whereupon the boxes shall be opened, the proper 
 books or poll lists put into them respectively, and 
 the boxes then locked, with the books or poll lists 
 therein, and the keys delivered to such one of the 
 inspectors as the majority of them shall appoint, and 
 the seal or seals of one or more of the inspectors, 
 shall be put upon the said boxes, so as to cover the 
 holes in the lids thereof, and the boxes shall then be 
 delivered to such other of the inspectors attending 
 such election, as a majority of them shall direct, who 
 shall carefully keep the same, and shall, without suf- 
 fering the same to be opened, or the said seals to be 
 broken or removed, deliver the same boxes in at the 
 election table, at the next opening of the poll, in the 
 presence of all the spectators attending on the said 
 election ; when and where the said seals shall be 
 broken and the boxes opened, and the poll books or 
 lists taken out, and the boxes again locked, in order 
 to proceed in the said election, which course shall 
 be observed and pursued until the poll be closed. 
 
 Thonged VIII. And be it further enacted, That whenever 
 or suspect- any person shall present himself to give his vote or 
 voterTt° be ballot at an y such election, for any of the officers 
 
87 
 
 mentioned in this act, and either of the said inspec- jj£ e °" h e s ox 
 tors shall suspect, or any other person entitled to vote prescribed 
 for any of the said officers, in the same town or ward, 
 at such election, shall challenge him to be unquali- 
 fied for the purpose, the inspector shall tender and 
 administer to him the following oath : [Here follows 
 the oath. We have placed it among the forms*] Jlnd^J^m 
 further, That the inspectors of every such election Jj™^* 16 
 shall have at such poll, a copy of the aforesaid oath, for^of 
 printed or written out in a fair hand, and in such man- oath at the 
 ner as to embrace each of the several alternatives or p ° s 
 qualifications therein mentioned, in a distinct and se- 
 parate form ; and the person offering his vote, and 
 being suspected or challenged as aforesaid, shall and 
 may declare, if he shall object to taking the whole 
 oath as set out in this section, what are his particular 
 qualifications, and which branch of the said oath he is V otertose- 
 willing to take, and thereupon the said inspectors, oriectthe 
 one of them, shall administer to the person so offer- ^ hewili 
 ing his vote, that part of said oath which shall em- inspectors 
 brace his particular qualifications, without adminis- re™ 
 tering the whole oath set out as aforesaid, and there- ceivethe 
 upon the said inspectors shall receive the vote of vote 
 the person so taking the oath as aforesaid ; and in 
 case such elector shall refuse to take such oath or 
 affirmation in one of the forms herein prescribed, he 
 shall lose his vote at the said election. And when- Meu of cl- 
 ever any man of colour shall present himself to give [hefono^ 
 his vote or ballot at any such election, for any of the in § oalli 
 officers aforesaid, who shall be suspected or chal- 
 lenged as before prescribed, the inspectors shall 
 tender and administer to him the following oath or 
 affirmation, viz : [Here follows the oath; which toe 
 have placed among the forms, and a provision making 
 false swearing perjury, 4*c. ; as to which see ante p. 
 537.] 
 
 IX. And be it further enacted, That after finally F J^ ei ' 
 closing the poll of any suck election, the inspectors sptctorsaV 
 of the. several towns [and wards] shall proceed, with- cX °* H 
 
88 
 
 out delay, publicly to open the box or boxes contain- 
 ing the said ballots, and first count the said ballots 
 unopened ; and if the number of ballots in any box 
 shall exceed the number of electors contained in the 
 poll lists, the said inspectors shall draw out and de- 
 stroy, unopened, so many of the said ballots as shall 
 amount -to the excess; and such numbers agreeing, 
 or being so made to 4 agree, the said inspectors shall 
 proceed to canvass and estimate the said ballots ; 
 and if two or more ballots are found folded or rolled 
 up together, none of the ballots so folded or rolled 
 shall be estimated; and the said inspectors shall com- 
 plete the said canvass and estimate on the day sub- 
 To set sequent to the closing the poll, or sooner ; and there- 
 riown the upon shall set down, in writing, the names of the sev- 
 caDvlT^ 6 era l candidates voted for at any such election, either 
 as governor, lieutenant-governor, senators, represen- 
 tatives in the congress of the United States, mem- 
 bers of assembly, sheriffs, coroners, and clerks of 
 counties, [including the register and clerk of the 
 city and county of New- York,] with the number of 
 votes in words at full length, given for any such can- 
 didate, at any such election, for either of the said 
 offices, and shall certify and subscribe their own 
 proper names thereto ; and the said inspectors shall, 
 by one of their number to be appointed by a major- 
 ity of them, within two days thereafter, cause to be 
 delivered to the town clerk of the town in which 
 such ballots shall be taken, one copy of the said state- 
 ment, so certified by them as aforesaid, to be by 
 him entered of record in his office, in some proper 
 and then book to be provided for that purpose. And further, 
 destroy poii That immediately upon the said inspectors, at any 
 baiiott? such election, making and subscribing such state- 
 ments or certificates as aforesaid, they shall destroy 
 all the poll books and ballots made and taken at any 
 such election. 
 
 The inspec X. And be it further enacted, That one of the said 
 .hoose^one inspectors of election, who shall actually preside al 
 
89 
 
 such election, in each of the towns [and wards] of j^ hft £ 
 this state, to be appointed for that purpose by a major sideVtX 6 
 part of the said inspectors who shall so preside, gjj^Jj"^ 
 shall, on the Tuesday next following the said elec- such presui 
 tion, on or before one of the o'clock in the afternoon jjjs 
 of that day, attend at the clerk's office of the county 
 in which such election shall be holden, and shall, in 
 person, deliver to the said clerk, at the office, or to 
 his deputy, or to the keeper of the said office, a true 
 copy of the said statement of votes so given at the 
 election in the said town or ward of which he was 
 inspector, certified by him and the other inspectors 
 aforesaid ; and it shall be the duty of the said in- Board ojf 
 spectors, who shall so attend, or of so many of them c ° unty , cau 
 
 r » » V vassershow 
 
 as shall attend lor the purposes aloresaid, at the arranged, 
 clerk's office as aforesaid, and the county clerk, as *" d f£ e nieer 
 soon as the votes from all the towns and wards in cicrk'eoftice 
 said county, have been delivered as aforesaid, or if Jy^ e n( ( j oun 
 the votes of any of the said towns and wards shall their dun. 
 not have been delivered as aforesaid by the hour of 
 four o'clock in the afternoon of the said day, then 
 immediately thereafter to form themselves into a 
 board of canvassers, and appoint one of their num- 
 ber chairman ; and the clerk of the county, or in his 
 absence the deputy clerk, when present, shall always 
 be secretary of said board, and shall have an equal 
 voice with any other member of the said board;* and 
 the said board, being so organized, shall proceed to 
 calculate and ascertain the whole number of votes 
 which shall be given at such election, in said coun- 
 ty, for the several persons who shall be voted for as 
 governor, lieutenant-governor, senators, representa- 
 tives in the congress of the United States, or so > 
 many of the said officers as shall be voted for; and 
 shall set down in writing the names of the several 
 candidates so voted for at any such election for any 
 of the offices aforesaid, and the number of votes in 
 words written at full length, which shall be given for 
 
 * The clerk is so often a candidate for re-election, that we liave omitted this 
 clause'. 
 
 12 
 
90 
 
 any such candidate at any such election, in the said 
 county, and shall certify the same to be a true can- 
 vass of the votes given in said county, for the seve- 
 ral officers above mentioned, and have the said cer- 
 cificate signed by the said chairman and secretary of 
 comuy ° f tne sa ^ board ; which said certificate shall be re- 
 cierk, and corded by the said county clerk, at full length, in 
 dutyof the some P ro P er book to be by him provided for that 
 board of purpose ; and the said board of canvassers shall in 
 canvassers manner proceed to calculate and ascertain the 
 aggregate amount or whole number of votes given 
 for the respective candidates voted for as members 
 of assembly, sheriff, clerk of the county, coroners, 
 [and the clerk and register of the city and county of 
 New-York,] respectively, at any such election, and 
 shall thereupon determine conformable to such state- 
 ment or certificates delivered by the inspectors of 
 election of the several towns [and wards] in said 
 county as aforesaid, upon the person or persons duly 
 elected by the greatest number of votes in said coun- 
 ty, as member or members of assembly for such 
 county, and upon the person duly elected by the 
 greatest number of votes, in said county, as sheriff 
 of said county, and upon the persons duly elected, 
 by the greatest number of votes, in said county, as 
 coroners of said county, and upon the person duly 
 elected by the greatest number of votes, in said coun- 
 ty, as clerk of said county, [and in the city and coun- 
 ty of New-York, upon the person duly elected by 
 the greatest number of votes, in said city and coun- 
 ty, as clerk of the said city and county, and also upon 
 the person duly elected by the greatest number of 
 votes, in said city and county, as register of said city 
 Proceed and county ;] and shall, without delay, make and 
 signed by cause to be subscribed by their chairman and sec- 
 chairman retary, with their proper names and hand writing, a 
 tary and'" certificate of such determination, and shall cause the 
 published, same to be recorded in some proper book, kept in 
 the said county clerk's office for that purpose, and 
 without delay cause to be delivered a true copy there- 
 
91 
 
 of, so subscribed as aforesaid, to each of the per- 
 sons so elected; and shall also cause such certifi- 
 cate to be published in the newspapers published in 
 said county, or such of them as they think proper, 
 with a statement subjoined thereto, and subscribed 
 by the chairman and secretary of the said board of 
 canvassers, of the votes given for every person in 
 said county voted for at such election for any of the 
 said offices mentioned in either of the before men- 
 tioned certificates. 
 
 XI. And he it further enacted, That the county ce rtificates 
 clerk of each of the counties of this state, or in his ^ ^ "ecor- 
 absence, the deputy clerk, shall, immediately after ded, and 
 the votes of the said county have been canvassed as ™^ h e e s ^ 
 aforesaid, and the certificates of such canvass signed ernor, se~- 
 as aforesaid, shall have been delivered to him, re- and 
 cord the said certificates in some proper book, to be comptroller 
 kept in his office, as a part of the public records of 
 the said county, and shall immediately thereupon 
 make out three certified copies of both the said cer- 
 tificates mentioned in the next preceding section of 
 this act, and subscribe the same with his own pro- 
 per name and hand writing, and affix thereto his seal 
 of office ; one of which said copies he shall inclose 
 and send by mail to the person administering the 
 government of this state, and one other of the said 
 copies he shall in like manner inclose and send by 
 mail to the secretary of this state, and the other copy 
 he shall in like manner inclose and send by mail to 
 the comptroller of this state, each of which copies 
 shall be inclosed and forwarded by mail as aforesaid, 
 before the third Monday of November in each year. 
 And further > That the secretary of state, when he Duty oi 
 shall so receive any such certified copies of such j."^* 7 
 canvass as aforesaid, shall file the same of record in ° ?ae 
 his office, and cause the same to be recorded in some 
 proper book to be provided for that purpose ; and in 
 case the said secretary shall not receive such cer- 
 tified copies of such certificates from all the coun- 
 
92 
 
 ties of this state, on or before the last day of Novem- 
 ber, it shall be his duty to call on the person admin- 
 istering the government of this state, and on the 
 comptroller, and ascertain whether either of them 
 has received such certified copies of the said can- 
 vass as aforesaid ; and in case either the person ad- 
 ministering the government of this state, or the comp- 
 troller, shall have received such certified copies, it 
 shall be the duty of the secretary to receive the same, 
 and file them of record, and record them in his office 
 when to in manner aforesaid ; but in case it shall so happen, 
 ciafmLten tnat there shall be any one or more counties of this 
 gers to the state, from which neither the person administering 
 lieikl. tne government of this state, or the secretary of state, 
 or the comptroller, shall have received such certified 
 copies of such canvass as aforesaid, on or before 
 the last day of November in any year, it shall be the 
 duty of the said secretary to send a special messen- 
 ger or messengers, to such county or counties as 
 shall not have forwarded such certified copies of the 
 said canvass, by mail as aforesaid, or from which 
 such copies shall not have been received, to demand 
 such certified copies from the clerk of such county 
 or counties as shall not have forwarded them in man- 
 ner aforesaid ; and it shall be the duty of any such 
 clerk immediately, on demand of such messenger 
 being made at his office, to make out and deliver to 
 such messenger such certified copies of the said 
 canvass as is above mentioned, which said copies 
 the said messenger shall deliver to the secretary of 
 state as soon as may be, to be filed and recorded as 
 aforesaid. 
 
 Disorderly XII. And be it further enacted, That if any per- 
 the S poiL at son sna ^ ^ e guilty of any disorderly conduct at any 
 maybecom election by this act directed, or during the time of 
 mitted to tne canva ss and estimate aforesaid, or of using in- 
 direct, sinister, or corrupt means to influence any 
 elector or electors, in giving in his or their ballots, 
 the major part of the inspectors at such election, are 
 
93 
 
 hereby authorised and required to commit the offen- 
 der to the gaol of the county, there to remain for a 
 space not exceeding thirty days; and all sheriffs, 
 under sheriffs, constables, and gaolers, are hereby 
 strictly charged and required to aid and obey the 
 inspectors herein. 
 
 XIII. And be it further enacted, That such certi- ^ rs cal] 
 fied copies having been received by the secretary of their duty 
 this state, from the clerks of the respective counties, ™ ca ^ ass 
 shall remain in his office of record ; and the said ms ' 
 secretary shall, on or before the fifteenth day of De- 
 cember in the same year, in conjunction with the 
 surveyor-general, attorney-general, comptroller, and 
 treasurer of this state, whose duty it shall be to give 
 their attendance at the secretary's office, on a day 
 to be notified to them for that purpose, by such sec- 
 retary, proceed to calculate and ascertain the aggre- 
 gate amount or whole number of votes given at such 
 election for governor, lieutenant-governor, for sena- 
 tors or for representatives in the congress of the 
 United States; and the said secretary, surveyor- 
 general, attorney-general, comptroller, and treasurer, 
 shall thereupon, and within six days after such meet- 
 ing, determine conformable to such certified copies, 
 the person duly elected by the greatest number of 
 votes to either of the said offices, and without delay 
 make and subscribe, with their proper names and 
 hand writing, a certificate of such determination, and 
 enter the same in a book to be kept for that purpose 
 in the secretary's office, and, without delay, cause to 
 be delivered a true copy thereof, so subscribed as 
 aforesaid, to each of the persons so elected, and to 
 the person administering the government of this state, 
 and a copy of the certificate of the members elected 
 as representatives in the congress of the United 
 States, subscribed by them as aforesaid, shall be sent 
 to the house of representatives of said congress, of 
 which such person shall be elected a member, at 
 their first meeting thereafter, and shall cause such 
 
94 
 
 certificate to be published in one of the public news- 
 papers printed in each of the senate districts of this 
 state, with a statement subjoined thereto, and sub- 
 scribed by the said secretary, surveyor-general, at- 
 torney-general, comptroller, and treasurer, of the 
 votes given for every person voted for at such elec- 
 tion, in the several counties of this state, for any of 
 the said offices, as by the said certified copies return- 
 ed by the clerks of the said counties respectively may 
 appear. 
 
 in what XIV. And be it further enacted^ That if either the 
 judgeTof sa id secretary, surveyor-general, attorney-general, 
 sup. court comptroller or treasurer, or any two of them, shall 
 *h e C vot V e a s ss neglect, or by death or otherwise be prevented from 
 discharging the duties enjoined on them by this act, 
 then it shall be lawful of the other of the said offi- 
 cers to perform the same ; and if any three of said 
 officers shall neglect or be prevented as aforesaid 
 from discharging the said duties, in that case it shall 
 be lawful for any two of the justices of the supreme 
 court of judicature of this state, and they are hereby 
 required, on notice to be given them for that purpose 
 by the person administering the government of this 
 state, to attend without delay at the said secretary's 
 office, and in conjunction with either the said secre- 
 tary, surveyor-general, attorney-general, comptroller, 
 or treasurer, who may convene with them for that 
 purpose, to do and perform the respective duties 
 enjoined upon the secretary, surveyor-general, at- 
 torney-general, comptroller, and treasurer of this 
 state, by virtue of this act ; and all questions which 
 may arise in the canvass, estimate or calculation of 
 the votes given at any such election under this act, 
 shall be determined by the opinion of a majority of 
 the persons composing the board of canvass, esti- 
 mate or calculation, as the case may be ; and the 
 oath of said secretary, surveyor-general, attorney-general, 
 comptroller and treasurer, or justices of the supreme 
 court as the case may be, shall, before they enter 
 
 state can 
 vassers. 
 
95 
 
 upon the said duties enjoined upon them, severally 
 take and subscribe, before the chancellor or one of 
 the justices of the said supreme court, or a master 
 in chancery, or the recorder of the city of Albany, 
 an oath, that he will in all things faithfully, honestly 
 and impartially discharge the duties enjoined upon 
 him by the act, entitled " An act for regulating elec- 
 tions," which said oath shall be entered of record 
 in the secretary's office. 
 
 XV. [This section provided, that when a senator was chosen to supply a va- 
 cancy occasioned by death, &c. it should not be necessary to designate on the 
 ballot who was voted for to supply such vacancy; but the person elected hav- 
 ing the greatest number of votes, should serve the longest term. This § was 
 repealed by the act of the 12th April, 1824, (Laws of 1824, p. 317,) which pro- 
 vides that the senate shall decide by lot who shall serve the longest term. — 
 Thinking both these modes objectionable, we have proposed in Tit. 4, Art. 2. § 5, 
 {ante p. 35,) that the elector shall designate the person whom he intends to sup- 
 ply the vacancy.] 
 
 XVI. [Contains an enumeration and description of the several congress dis- 
 tricts, and has been incorporated in Chapter II.] 
 
 XVII. And be it further enacted, That the next Members o' 
 general election for such representatives, for the£° n ^^° 
 term of two years, commencing on the fourth day of istMonday 
 March, one thousand eight hundred and twenty- 1822° and 
 three, shall be holden on the first Monday of Novem- every 2d 
 ber, one thousand eight hundred and twenty-two, year after 
 and the next two succeeding days, in the manner 
 
 and form prescribed by this act ; and the subsequent 
 general elections for such representatives shall be 
 on the first Monday of November, and the two days 
 succeeding, in every second year thereafter ; and 
 every such election shall be conducted according to 
 the provisions of this act in all respects ; and that at 
 every such election, the number of persons shall be 
 elected as representatives in the house of represen- 
 tatives in the congress of the United States, in each 
 of the said districts, which in the next preceding 
 section of this act is assigned to said district. Vacancies 
 
 XVIII. And be it further enacted, That in case tfjj^iSjE 
 any vacancy by death or otherwise, in said office of of congress 
 
 how filled 
 
96 
 
 representative in the house of representatives in the 
 congress of the United States, before or between 
 any of the said general elections, it shall be the duty 
 of the person administering the government of this 
 state, by proclamation, to give notice thereof, and 
 therein specify in which of the said districts the per- 
 son or persons are to be elected to fill such vacancy ; 
 and appoint a day, not less than forty, nor more than 
 sixty days from the day of the publication of such pro- 
 clamation, for holding an election in such district to 
 fill such vacancy, and cause a copy of such procla- 
 mation to be delivered to the sheriff of every county 
 belonging wholly or in part to such district ; and 
 every such sheriff shall thereupon give notice in writ- 
 ing of such election, to one of the said inspectors of 
 election, in each town or ward of such district in his 
 county, within eight days after receiving such pro- 
 clamation : and each of the said inspectors shall im- 
 mediately give notice thereof, to the other inspectors 
 of the same town or ward ; and thereupon, the inspec- 
 tors of every such town or ward, or the major part of 
 them, shall, without delay, convene together, and by 
 writing under their hands, to be fixed up in at least 
 five of the most public places in such town or ward, 
 give eight days notice of the time and place, or times 
 and places of holding such election within the same ; 
 and at every such election, a person or persons quali- 
 fied as aforesaid, shall be elected in such district to fill 
 such vacancy, bv the inhabitants thereof, qualified to 
 vote as aforesaid ; and such election shall be held and 
 conducted, and the ballots thereof canvassed and esti- 
 mated, certified, returned and calculated, in the same 
 manner, by the same persons respectively, and within 
 the same time as in the case of a general election for 
 such representatives ; and the result thereof shall be 
 determined in like manner by the same persons, after 
 all the certificates of votes shall be returned to the se- 
 cretary's office, or so many of them as shall be return- 
 ed within thirty-five days from the day appointed by 
 the proclamation for holding such election $ and the 
 
97 
 
 like certificate of the person elected shall be made and 
 subscribed, and entered in the said book in the secre- 
 tary's office, and copies thereof delivered and publish- 
 ed, with the like statement of the votes, as in the case 
 of a general election of such representatives. 
 
 XIX. [Imposes penalties on state canvassers for any misconduct, and is 
 omitted for reasons stated in the note page 53.] 
 
 XX. [Imposes penalties on persons guilty of bribery, &c] 
 
 XXI. [Provides that militia shall not be ordered out during election, and 
 imposes penalty.] 
 
 XXII. And be it further enacted, That it shall not Civil p iq - 
 
 , , « , „ . . « • cess not to 
 
 be lawtul tor any officer or minister ot justice to serve be served, 
 any civil process in any [city or] town in this state, &c 
 on any person entitled to vote at any election to be 
 held by virtue of this act, between the day preceding 
 such election, and the day subsequent to the closing of 
 the poll thereof, in such town [or ward.] 
 
 XXIII. [And be it further enacted, That each of Hudson & 
 the cities of Hudson and Troy shall be considered as ^towns'" 1 
 a town for all the purposes contemplated by this act.] 
 
 XXIV. And be it further enacted, That it shall Majority of 
 and may be lawful for a majority of the inspectors of j^^T 3 
 any election to be held in pursuance of this act, to do 
 
 and execute all and singular, the trusts and duties here- 
 in before required to be done and executed by the in- 
 spectors of any such election. 
 
 XXV. And be it further enacted, That no person c 
 who has heretofore been convicted of any infamous 
 crime, or who hereafter shall be convicted of any in- 
 famous crime, shall be permitted to vote at any elec- 
 tion by this act directed to be holden. 
 
 XXVI. [Provides for defraying the expenses of special messengers, and is re- 
 ferred to Chapter VI.] 
 
 XXVII. [Provides for payment of county clerks^ and will be incorporated in 
 Chapter VIII.] 
 
 XXVIII. [Resignation of a senator — referred to Chapter IV.] 
 
 XXIX. [Repeals former laws.] 
 
 XXX. [Temporary.] 
 
 13 
 
 onvicts 
 not to vote 
 
98 
 
 2u.l.u, AN ACT RELATIVE TO THE DUTIES AND 
 
 PRIVILEGES OF TOWNS. 
 
 Passed March 19, 1813. 
 
 Town officers L BE it enacted by the People of the State of New-* 
 how to be \ 0) 'k, represented in Senate and Assembly, That the 
 freeholders and inhabitants of the several towns in 
 this state who are or shall be qualified by law to vote 
 at town meetings, shall assemble together and hold 
 town meetings in their respective towns on the first 
 Tuesday in April in every year, and then and there 
 choose one supervisor, one town clerk, not less than 
 three nor more than five assessors, one or more col- 
 lectors, each of whom shall be liable only for the 
 monies which they are respectively directed to col- 
 lect, in such parts of the town as shall be assigned to 
 them by the supervisor, two overseers of the poor, 
 and three commissioners of highways for the same 
 town, each of which town officers before mentioned 
 shall be a freeholder and inhabitant of the same town ; 
 and so many constables, fence- viewers and pound- 
 masters for the same town, being inhabitants of the 
 same town, as to the freeholders and inhabitants of 
 said town so met, or the major part of them, shall 
 seem necessary and convenient ; and as many over- 
 seers of highways as there are road districts in. each 
 of the towns respectively, except in the counties of 
 Suffolk, Queens, Kings and Richmond; and the 
 freeholders and inhabitants of the several towns in 
 those counties to choose as many overseers of high- 
 ways as they shall deem necessary and convenient; 
 which said several officers shall hold their respec- 
 tive offices for one year, and until others shall be 
 chosen in their places ; and the said supervisor, town 
 clerk, assessors, collectors, overseers of the poor, 
 commissioner of highways and constables, shall be 
 chosen by ballot, and in case any of the officers so 
 chosen in any such town shall refuse to serve, or die, 
 or remove out of the town, or become incapable of 
 
99 
 
 serving, before the next annual town meeting, then 
 and in every such case it shall be lawful for the free- 
 holders and inhabitants of such town to supply every 
 such vacancy in manner aforesaid, at a special town 
 meeting to be notified and held for that purpose in 
 the manner herein after directed : Provided always, S^fe^SE 
 That every collector chosen or appointed in aSyJyX?^ 
 such town, or in any of the wards of any city in this JjSJjSSS 
 state, shall, before he enters upon the duties of his feofeithfilllT 
 office, and within eight days after he shall have re- 
 ceived notice from the supervisor of the amount of 
 the tax list, execute to the supervisor of such town 
 or ward, a bond, with one or more sureties to be ap- 
 proved of by the supervisor of such town, in double 
 the amount of the taxes to be collected by such col- 
 lector, and conditioned for the due and faithful exe- 
 cution of the duties of his office, which bond, so ta- 
 ken and approved of by the supervisor of such town 
 or ward, shall be lodged with the said supervisor ; Bond, wbew 
 and in case such bond shall become forfeited, and ,odstd ' 
 the amount of the tax list cannot be recovered 
 from such collector in pursuance of the section of 
 the act, entitled " an act for the assessment and col- 
 lection of taxes," it shall then be the duty of the trea- 
 surer of the county to give notice to the supervisor 
 with whom such bond is lodged, of the amount due 
 from the said collector, and the said supervisor shall Bond * he « 
 then cause the said bond to be put in suit, and shall 
 be entitled to recover thereon the amount due from 
 such collector, with costs of suit ; which sum when 
 recovered, shall by such supervisor be applied in the 
 same manner and to the same purposes to which 
 such collectors ought to have applied the same: Jfaul Further pro- 
 p*ovided further* That every constable chosen or %ls °" 
 appointed in every such town or ward shall, before s c t n st J!e S i" 
 he enters upon the duties of his office and within ^Stlt^ 
 ten days after his election or appointment, to be ap- tceir dutICS 
 proved of by the town clerk or by the supervisor of 
 such town or ward, execute under their hands and 
 seals before such supervisor or town clerk, and cause 
 
100 
 
 lerk or bu 
 pervisor 
 
 A copy of tbe 
 instrument 
 
 to be filed in the office of the clerk of such town, an 
 instrument in writing, by which such constable and 
 his sureties shall jointly and severally agree to pay 
 to each and every person, such sum of money as the 
 said constable shall become liable to pay for or on 
 account of any execution, which shall be delivered 
 Id by 7own V to such constable for collection; and on which in- 
 strument the said town clerk or supervisor of such 
 town or ward shall endorse that he approves of the 
 sureties therein named, and every such constable and 
 aS e Sien 0W hi s sureties shall jointly and severally be responsible 
 i. able. t0 eacn an{ j every person to whom such constable 
 shall become liable to pay any sum of money for or 
 on account of any execution which shall be deliver- 
 ed to such constable for collection, in the same man- 
 ner as such constable would have been responsible 
 had this act not been passed, [and a copy of such in- 
 Snc(f" c strument, certified by the clerk of such town, shall 
 be prima facie evidence in all courts, of the execu- 
 tion of such instrument by such constable and his 
 sureties ; but no person hereafter to be elected or 
 appointed a constable or collector in any town or 
 ward in this state, shall incur any penalty by such 
 refusal to serve as is herein before mentioned.] 
 
 Justices to II. And be it further enacted, That for the more 
 town m eet- orderly holding tow r n meetings, it shall be and is here- 
 by made the duty of the justices of the peace for the 
 time being, to attend at every town meeting hereaf- 
 ter to be held in and for the town in which they re- 
 spectively reside ; and that the said justices of the 
 peace, or such of them as shall attend at such meet- 
 ing, shall preside at, and superintend the same, and 
 take care that the business thereof be orderly and 
 
 And feter- regularly conducted; and shall in case of dispute, 
 
 nana who ■ o ,J ' • V 
 
 have the right determine, who have, and who have not a narnt to 
 
 to vote ' ' . O 
 
 vote or be elected at such meeting according to law; 
 ttf rc"i°de l Tn an d if no justice of the peace shall reside in the town 
 tne tUTie °f holding such meeting, then the clerk 
 reside, and f tne town who was elected at the last preceding 
 
101 
 
 if neither at- 
 wl, then 
 
 meeting ; and in case there shall be no justice of the t \ 
 peace or town clerk attending at any such town meet- to bo chosen 
 ing, then such person as shall be chosen by the free- „f g . the n,eet 
 holders and inhabitants at such meeting to preside, 
 shall preside at such meeting, and have and exercise 
 all the powers and authorities hereby vested in the 
 justices. 
 
 tions of vo- 
 ters at town 
 meeting. 
 
 III. And be it further enacted, That every male anaMca- 
 person being a citizen oi this state, who shall be 
 above the age of twenty-one years, and shall have 
 resided in any town six months next preceding such 
 town meeting, and paid taxes within the same, or 
 shall be possessed of a freehold, or shall have rented 
 a tenement of the yearly value of five dollars, for the 
 term of one year within the same, shall have a right 
 to vote at such meeting, and no other person. 
 
 town meet 
 
 IV. And be it further enacted, That no town meet- No 
 ing shall be held longer than two days, and shall i 1 ",!g? r l 3,an ld 
 only be held open between sunrise and sunset, and then between 
 shall be held at such place in each town as the free- VESL and 
 holders and inhabitants thereof at their town meet- 
 ing shall from time to time appoint. 
 
 V. And be it further enacted, That if any of the Vacancies in 
 said cities or towns shall neglect to choose such offi- hoTeS? 9 
 cers as aforesaid or any of them, or in case any of 
 the officers so chosen in and for any city or town 
 shall refuse to serve, or die, or remove out of the 
 city or town for which he shall be chosen, or become 
 incapable of serving before the next annual town 
 meeting or election after he shall be chosen, and the 
 city or town for which he was chosen shall not with- 
 in fifteen days next after such refusal, death, remov- 
 al, or incapacity happens, choose another in the room 
 of such person according to law ; in every such case 
 it shall and may be lawful for any three of the justi- 
 ces of the peace in the same county, residing in such 
 city, or in or near to such city or town, and they are 
 
102 
 
 hereby required to nominate, and by warrant under 
 their hands and seals to appoint all and every such 
 officers as aforesaid, as the freeholders and inhabit- 
 ants of the same city or town ought to have chosen 
 as aforesaid ; and each of the said officers so ap- 
 pointed shall hold his office for so long time, and have 
 the same powers, and be liable to the same penal- 
 ties as if he had been elected to the same office by 
 the freeholders and inhabitants of such city or town, 
 or according to the acts relating to the choice of 
 such officers in any such city. 
 
 VI. And be it further enacted, That each super- 
 ofoffice. v i sor? town-clerk, assessor, commissioner of high- 
 ways, overseer of highways, overseer of the poor, 
 constable and fence-viewer hereafter to be elected 
 or appointed shall, before he enters upon the exe- 
 cution of his office, and within fifteen days after such 
 election or appointment, take and subscribe an oath 
 before some justice of the peace in the form hereaf- 
 ter prescribed for such officers respectively to take, 
 that is to say : every supervisor shall take and sub- 
 ■ \ scribe an oath in the following form, to wit : [Here 
 mmSL°Bnl\f olio ws the oath of office.] And further, That every 
 fee o?; v ewa°d: justice of the peace before whom such oath shall be 
 taken and subscribed as aforesaid, shall, without fee 
 or reward, certify under the same writing, the day 
 and year when the same oath was taken, and sub- 
 scribe his name thereto, and then deliver the same 
 Sg^Jkln writing to the person taking the same oath, who 
 with e the e town shall, within eight days thereafter, transmit, or deliv- 
 derk in eight er ^ e sam e to the clerk of the town for which such 
 officer so taking such oath was elected or appointed ; 
 and if any supervisor, assessor, commissioner of high- 
 ways, overseer of highways, overseer of the poor, 
 constable or fence viewer of any town, shall not 
 take and subscribe such oath as aforesaid, and trans- 
 what acts m ^ or d enver tne sam e to the town-clerk as afore- 
 demand a^e- said, within the time hereby limited, or if any collect- 
 
 iusal to fill a 7 i i t n • 1 • 1 
 
 town office, or or constable shall not give such security as is by 
 law required, within the time for that purpose limit- 
 
103 
 
 ed, then, and in every such case, such neglect shall 
 be deemed a refusal to serve in such office, and the 
 city or town in which such officer was chosen may 
 thereupon proceed to a new choice according to 
 law. 
 
 VII. And be it further enacted, That it shall be to°™ n ^ r uo 
 and hereby is made the duty of the clerks of the sev- t y er the° n C ^e S 
 eral towns in this state, on or before the second bles elected 
 Tuesday of May after every annual election for town Iorea ° ,0W! 
 officers in the respective towns of this state, to trans- 
 mit to the respective county clerks of the county in 
 which the respective towns are situate, a certified 
 copy of the names of the constables chosen at such 
 elections ; [and if any town-clerk shall wilfully omit 
 to perform the duty hereby required of him, such P , 
 omission is hereby declared to be a public misdemea- 
 nor, and on conviction thereof, the court, before 
 whom such conviction shall be had, shall and may 
 adjudge the person convicted to pay a fine not ex- 
 ceeding ten dollars.] 
 
 VIII. [Imposes penalty on certain town officers for refusing to act, or acting 
 without being qualified, Arc] 
 
 IX. [Imposes penalty on overseer of highways, and for refusiug to serve, or 
 serving without being sworn.] 
 
 X. And be it further enacted, That upon the Tw-derk- 
 death or the expiration of the office of the town- ^ttte 
 clerk of any town, all the records, books, writings SE^T* 
 and papers, belonging to the same office, shall be de- 
 livered to the successor in office upon the oath of the S. etc ' on 
 preceding town-clerk, or in case of his death, upon 
 
 the oath of his executors or administrators ; [and if 
 any such preceding town-clerk, or his executors or 
 administrators, shall refuse or neglect to deliver the 
 same upon oath as aforesaid, being lawfully demand- 
 ed, every such person shall forfeit to the people of 
 this state for every such refusal or neglect, the sum JgjfJ* foj 
 of two hundred and fifty dollars, to be recovered by lccT 
 action of debt, or by information, in any court of 
 
104 
 
 Attorney gen 
 oral to sue 
 therefor. 
 
 record ; and the attorney-general of this state is 
 hereby required to sue for such forfeiture, and pay 
 the same, when recovered, to the treasurer of this 
 Mode of pro- state, for the use of the people of this state ; and in 
 dodS g a,ld every such action or information, it shall be suffi- 
 cient to set forth, that the defendant on the day such 
 demand was made, became indebted to the people 
 of the state of New- York in the sum of two hundred 
 and fifty dollars, as a forfeiture incurred by reason 
 that the defendant did neglect and refuse to deliver 
 to the succeeding town-clerk, the records, books, 
 writings and papers, belonging to the same office, 
 contrary to the form of the act relative to the duties 
 and privileges of towns, to be paid to the people of 
 the state of New- York, when he should be thereunto 
 required, and to give the special matter in evidence.] 
 
 Town meet XI. And be it further enacted, That the freehold- 
 regulations CTS and inhabitants of each of the said towns are 
 hereby authorised at their respective annual town- 
 meetings or at any other town meeting held for that 
 purpose in their respective towns from time to time, 
 to make such prudential rules and regulations as the 
 majority of the freeholders and inhabitants of such 
 towns respectively so assembled at their respective 
 town-meetings and having a right to vote there, shall 
 from time to time judge necessary and convenient 
 7uZ7" for the better improving of their common lands in 
 tillage, pasturage, or any other reasonable way, and 
 for making, maintaining and amending their partition 
 otheVtbnces anc i circular fences for their lands, gardens, orchards 
 and meadows, and for ascertaining and directing the 
 , use and management and the times and manner of 
 
 Times and o 
 
 manner, &c us i n p- their common lands and meadows and the 
 
 of using com- o 
 
 meSdowf'&c otner commons, and the times places and manner of 
 permitting or preventing cattle, horses, sheep, and 
 swine, or any of them to go at large, and for impound- 
 ing all manner of cattle and creatures whatsoever, 
 
 sufficiency of and for ascertaining the sufficiency of all partition 
 
 fences 
 
 concernin 
 ihoir 
 
 Uouimon 
 
 Partition and 
 
105 
 
 Fence view 
 ers' fees 
 
 How recover- 
 able 
 
 and other fences, and for making and maintaining 
 such and so many pounds and at such places as may 
 be necessary and convenient, and for ascertaining 
 and limiting the fees to be taken by the fence view- 
 ers respectively, and to impose such penalties on the 
 offenders against such rules and regulations or any 
 of them as the majority of such freeholders and in- 
 habitants so assembled shall from time to time deem Pe!ial! , iosnoi 
 
 exceeding 
 
 proper, not exceeding twelve dollars and fifty cents tweijedouus 
 
 Z ~ \ nr> ri i • i r- and fifty centa 
 
 for each offence, [to De recovered with costs of sun 
 by the supervisor of the town where the offence shall 
 be committed, in the name of the supervisor of such 
 town for the use of the same town by action of debt 
 before any justices of the peace residing in any other 
 town in the same county; and no such action shall 
 be abated or discontinued by the death or expiration ^ de ? th 
 of the office of such supervisor, but may be conti- * zr ~ ! 
 nued and prosecuted to effect by his successor in 
 office ;] and all such penalties when recovered shall 
 be applied for the use of the town where such offence Penalties 
 shall be committed, in such manner and for such hov a 
 purposes as the freeholders and inhabitants of the 
 same town where such offence shall be committed, 
 at their town meetings or the majority of them there 
 assembled shall from time to time direct and appoint : 
 And further, That all such rules and regulations so Towndwi 
 to be made as aforesaid in each town, shall be re- 
 
 gulations, &r, 
 
 corded by the town clerk of the same town, in a 
 book by him to be provided for that purpose, and 
 shall remain in full force until the same shall be re- 
 voked or altered or new made in the manner afore- 
 said at some subsequent town-meeting, all which 
 alterations and new rules and regulations shall also 
 from time to time be recorded as aforesaid, and shall 
 continue in force until revoked, altered or new made 
 as aforesaid. 
 
 XII. [Directs mode of proceeding in suits relating to common lands.] 
 
 XIII. [Makes freeholders and inhabitants of the town competent witnesses-] 
 
 14 
 
106 
 
 Z7w2te XIV. And be it farther enacted, That it shall be 
 bears, pan- lawful for the freeholders and inhabitants of each at 
 cate&fc U xes. the said towns of their respective annual town-meet- 
 ings, or at any other town-meeting held for that pur- 
 pose, to make such provisions and allow such re- 
 wards for the destruction of wolves, bears, panthers, 
 ^Sto a 'pr e Tc- wild-cats and foxes, and to direct such sum of mo- 
 defendM ney to be raised in such town for that purpose,* and 
 rights for prosecuting and defending the common rights of 
 such town as the major part of the freeholders and 
 inhabitants so assembled at any such town-meeting 
 how raised shall deem necessary and proper: which money 
 shall be raised and levied, together with and in the 
 same manner as the money raised in such town for 
 the support of the poor shall be raised and levied. 
 
 meetings how XV. And be it further enacted, That whenever 
 convened ^ necessar y t0 ^qJ^ a town-meeting in ei- 
 
 ther of the said towns, or wards in any of the said 
 cities, for any of the purposes required by this act, 
 at any time between any of the said annual town- 
 meetings, due notice thereof shall be given by the 
 town clerk, in writing under his hand, specifying the 
 time, place and purposes of such town-meeting, and 
 fixed up at four or more of the most public places in 
 the same town or ward, at least eight days before the 
 time therein appointed for holding such town-meet- 
 ing, and the town clerk of each of the said towns is 
 hereby required to give such notice whenever it shall 
 be necessary to hold such town-meeting for electing 
 any of the officers aforesaid in such town, or when 
 he shall be required to do so by any twelve or more 
 freeholders of such town or ward, and when accord- 
 ing to law any such election in any ward of any 
 city shall become necessary. 
 
 SiXmS XVI. And be it further enacted, That where the 
 tained. lands or meadows of any two or more persons shall 
 
 * The former part of this h repealed. See Laws of 1822, p. 27, 5 9. 
 
107 
 
 join each other, each of them shall make and main- 
 tain a just proportion of the division fence between 
 them, except such persons shall choose to let their 
 lands or meadows lay vacant and open ; and in case 
 any disputes shall arise concerning the part or pro- disputes, 
 portion of the fence to be made and maintained by 
 either party, the same shall be settled by the fence 
 viewers of such place where such lands or meadows 
 shall be situated, or any two of them, whose decision 
 shall be conclusive ; and if any person shall neglect 
 or refuse to make and maintain his or her part or 
 proportion of such fence, or shall permit the same to 
 be out of repair, every such person shall be liable 
 to, and shall pay, all such damages as shall accrue 
 to his or her neighbors, thereby to be appraised and 
 ascertained by the fence viewers of the same place, 
 or any two of them, not interested therein, and to be 
 recovered with costs [in any court having cognizance 
 of the same;] and in case the party so neglecting or 
 refusing shall continue such neglect or refusal for the 
 space of one month after notice and request to make 
 or repair such fence, then and in every such case it 
 shall be lawful for the party injured thereby, to make 
 or repair all the said fence at the expense of the party 
 so neglecting or refusing, to be recovered with costs 
 of suit [in any court having cognizance of the same ;] 
 and in case any person who shall have made his 
 proportion of any such fence shall conclude or be 
 disposed to throw up his said lands or meadow for 
 common feeding, or to let the same lay open, such 
 person shall srive three months notice thereof to the lay openth^ir 
 
 a ,i i i lands on stiv- 
 
 person or persons in possession ot the lands or mea- fog 3 months 
 dows adjoining, and if such fence shall be removed notlce 
 without giving such notice or before the expiration 
 of the said three months, then the person removing 
 the same shall be liable to make good all such dam- 
 ages as the party injured by such removal shall sus- 
 tain thereby, to be recovered as aforesaid with costs. 
 
 And whereas, in some parts of this state, the fen- 
 
108 
 
 Partition Ten- 
 res when de- 
 
 ces inclosing meadow and low land are frequently 
 injured, destroyed or carried away by floods and 
 high tides which generally happen in the spring of 
 the year, and the owners of such meadow or low 
 land lose a great part of the profits thereof for the 
 whole year, unless the said fence be speedily re- 
 paired or new made : Therefore, 
 
 XVII. Be it further enacted, That in all cases 
 
 moyed^'how where such partition fence shall be so injured, de- 
 repaired, See. 1 • i 1 • i 
 
 stroyed or carried away, every person who ought 
 by law to make or repair the same shall make or re- 
 pair the same, or his just proportion thereof, within 
 ten days after he shall be thereunto required by any 
 person interested therein, and if any person shall re- 
 fuse or neglect to make or repair his proportion of 
 such fence for the space of ten days after such re- 
 quest as aforesaid, then it shall be lawful for the party 
 injured thereby to make or repair all the said fence 
 at the expense of the party so neglecting or refusing, 
 and to recover the same with costs [in any court 
 having cognizance thereof.] 
 
 Distress of 
 beasts dam- 
 ace feasant. 
 
 XVIII. And be it further enacted, That when any 
 distress shall be made of any beasts doing damage, 
 the person distraining shall, as soon as convenient- 
 ly may be, and within twenty-four hours thereafter, 
 unless the distress be made on Saturday, in which 
 case he shall before Tuesday morning thereafter, 
 Fence view- make application to the two nearest fence viewers 
 SedioM^f 6 in the same town to appraise and ascertain the dam- 
 age, who shall immediately thereupon go to the place 
 where such damage shall be committed and view the 
 damage done, and appraise, ascertain and certify 
 under their hands the amount thereof, with their fees 
 SevieAveL f° r tne same > an d if any dispute shall arise concern- 
 ed Knee " m o *-he sufficiency of the fence it shall be determin- 
 conciusive. ec [ by ^ e sa me fence viewers whose decision shall 
 be conclusive ; and the person making the distress 
 shall as soon as he shall think proper, and within 
 forty- eight hours after making such distress, unless 
 
109 
 
 the damage shall be sooner paid, cause the beasts Beast* tobe 
 so distrained to be put in the nearest pound in the ScarUt pound 
 same county, where they shall remain until the sum 
 so certified by the fence viewers, with the fees of 
 the pound master, shall be paid, or the beasts so im- 
 pounded be replevied. 
 
 XIX. [And be it further enacted, That it shall and Common 
 may be lawful for the common council of the respec- ^ d w J u ° d rk ou 
 tive cities of New-York and Hudson to make such £ r c ;f ^ 
 rules and regulations for making, amending and main- 
 taining the fences in the said cities respectively, as 
 
 well partition fences as others, as they shall from 
 time to time judge most proper and convenient.] 
 
 XX. And be it further enacted, That there shall 
 
 be made and kept one or more sufficient pounds in cit y andtowu 
 each [city and] town of this state, [and that it shall coST 
 and may be lawful for the common councils of the Albany and 
 several cities of New-York, Albany and Hudson from point pound 
 time to time to appoint keepers of the pounds of their masters 
 respective cities, who shall hold their offices during 
 the pleasure of the said common councils respective- 
 ly,] and that the said respective keepers of the said 
 pounds and the respective pound masters in each 
 town may take, for all beasts that shall be put into 
 the pound of which he is keeper or master, the fol- 
 lowing fees, to wit: for taking in and discharging 
 every horse, gelding, mare or colt, and all neat cat- tcrs fees, 
 tie twelve and an half cents each, and for every sheep 
 or lamb three cents, and for every hog, shoat or pig 
 six cents, which fees shall be paid to the said keep- Jjj a to d ^ 
 er or pound master by the owner of the beasts im- paW - 
 pounded or some person for him, before the said 
 beasts shall be released from such pound unless the 
 keeper or master of such pound shall otherwise agree 
 concerning the same, and if the owner of any beasts 
 impounded for doing damage shall not pay the dam- 
 age and the fees of the keeper or master of the pound, 
 with reasonable charges for keeping and feeding 
 
110 
 
 them, not exceeding three cents for each beast for 
 every twenty-four hours, such beast shall be impound- 
 ed and fed, within six days after such beast shall be 
 impounded, or replevy the same beasts, then it shall 
 
 if notpaid an ^ ma y ^ e l aw f u l f° r sucn keeper or master of such 
 how and ' pound to sell such beast at public vendue, giving at 
 
 when to be f „ • i i • • p i -s 
 
 s °i<i. least iorty-eight hours previous notice ol such sale, 
 by advertisement to be set up at the said pound, and 
 at the nearest public place to the said pound, and out 
 of the monies arising from such sale to pay the said 
 damages and retain in his hands his fees and charges 
 of feeding and keeping the same beast and of such 
 
 surplus to be sa } e an d re tum the overplus to the owner of the 
 
 paid the own- 7 > it 
 
 • r - same beast, and if no such owner shall appear and 
 a P ^e n a°r in™ claim such overplus within six calendar months after 
 XS>fSr- sucn sa ^ e ' tne same sna ^ ^ e paid to the overseers of 
 the s u S eofthe rt h e poor of the [city or] town where such beast was 
 ?o°wn? f the impounded, for the use of the poor of [such city or] 
 town. 
 
 farm'Tvided XXI. [And be it further enacted, That where 
 by 2 towns to any l me of an y town in this state shall intersect a 
 
 pay taxes in J J pip in • 
 
 whe!e h" s farm, the possessor of such farm shall pay all his tax- 
 house is. es f or sucn f arm m the town where his dwelling- 
 house shall be.] 
 
 Inhabitants of 
 
 XXII. [And be it further enacted, That the in- 
 a!Td m S?o e rth- habitants of Hempstead shall have and enjoy the 
 
 Hempstead to , , „ . p -i • i i ' ' , i i 
 
 have certain n ght of oystermg, fishing and claming in the creeks, 
 
 «ystering,etc. 
 
 bays and harbors of North-Hempstead ; and the in- 
 habitants of North-Hempstead shall have and enjoy 
 the like rights and privileges in the creeks, bays and 
 harbors of Hempstead.] 
 
 T veTewar y ds XXIII. And be it further enacted, That it shall and 
 E%inH ng ma y ^ e lawful f° r tne freeholders and inhabitants of 
 thistie a . na a the several towns in this state, at their respective 
 annual town-meetings, to make such provisions and 
 allow such rewards for the destruction of the noxious 
 weed commonly called the Canada thistle, as the 
 
Ill 
 
 major part of the freeholders and inhabitants, so as- 
 sembled at any stach town-meeting, shall deem ne- 
 cessary and proper ; and the money so allowed for How raised 
 such rewards shall be raised and levied, together an 
 with, and in the same manner as, the other expenses 
 of such town shall be raised. 
 
 XXIV. [Relates to division of towns, and is referred to Chapter II.] 
 
 XXV. And be it further enacted, That it shall be ^^^J 
 lawful for the freeholders and inhabitants of the sev- jjjy^j^ * 
 eral towns in the counties of Essex, Franklin, Sen-|j^ g ofnox- 
 eca, Columbia, Albany and Clinton, at their respec- the expense 
 
 7 ' -> , * _ * of the owners 
 
 tive annual town-meetings, or at any other town- of lands, etc. 
 meeting held for that purpose, to make provision for 
 destroying noxious weeds on the lands of any persons 
 who shall be actually resident in the said towns res- 
 pectively, at the exclusive expense of such persons. 
 
 XXVI. And be it further enacted, That the trus- Trustees of 
 tees of the towns of Rochester and Marbletown, in the Marbletown, 
 county of Ulster, and of the towns of Huntington be elected, 
 and Brookhaven, in the county of Suffolk, shall res- 
 pectively be elected on the day of the general elec- 
 tion for town officers of the said towns. 
 
 XXVII. And be it further enacted, That the free- trustees of 
 holders and inhabitants of the town of Westchester, f™™f** tei 
 in the county of Westchester, may, on the day of h™tp» e 
 their annual town-meeting, and in the usual manner ee 
 
 of electing town-officers, choose six freeholders, resi- 
 dent in the town, for trustees, and the said trustees, 
 or a majority of them, shall and may order and dis- Powersoft 
 pose of all or any part of the undivided lands with- trU3tees 
 in the said town, as fully to every purpose as trus- 
 tees have been used to do under any patent or char- 
 ter to the said town, and may continue to lease out 
 the right and privilege of setting and keeping a ferry Ferry, 
 across the East river from the said town of West- 
 chester to the town of Flushing, in Queens county, 
 in like manner, at the same rates of ferriage, under 
 
112 
 
 the same rules '^d Regulations, andjjpr the like pur- 
 poses, as they have lawMly beer4£customed to do 
 since the ' eighteenth day^oft ^pril, one thousand 
 seven hundred and eighty-fee. 
 
 Inhabitants XXVIII. And be it fwlhcr enacted, That it shall 
 staiidardbrass and may be lawful for the inhabitants of any town 
 Jr a oLe°d b b y in this state, for their convenience, and by a vote of 
 derk. own their annual town-meeting, to direct the clerk of such 
 town to procure and deposit in his Office a standard 
 brass yard, to be sealed by the person authorised to 
 seal and compare such yard, and to be considered as 
 the true yard for all the purposes aforesaid. 
 
 S s he divide" XXIX. [And be it further enacted, That where 
 townstbe or an ) r coimt i es or towns in this state are separated 
 channeuVbe fr° m eacn otner D y a river or creek, in every such 
 hne divlsion case tne m iddle of the channel of the river or creek 
 
 shall be and hereby is declared to be the division 
 
 line between them.] 
 
 lupcjvisor^of XXX. [And be it further enacieU, That in every 
 application of case in which the bounds of a town already erected, 
 e rai to cause or that may hereafter be erected, shall appear to be 
 
 town to be • 
 
 mT e fumi a h d so d escr i De d in the act erecting or altering the same, 
 ^ & that they cannot be delineated by the surveyor-gen- 
 eral on the map of this state without a survey special- 
 ly made for that purpose, it shall be the duty of the 
 supervisor of such town, on the application of the 
 surveyor-general, to obtain, or cause such survey to 
 be made, and transmit the same to the surveyor-gen- 
 Expense how eral's office, the costs and charges of which shall be 
 ?aid ' defrayed by such town in the* manner in which other 
 contingent charges of towns are defrayed and paid.] 
 
 Town-meet- XXXI. And be it further enacted, That in such 
 iSiacer- of the towns in the several counties in this state 
 
 tain towns at , , -, -, i ' f 
 
 thetimeshere- where the town-meetings have, by any laws in lorce 
 .o ore n-eot- j mmec [i a tely before the passing of this act, been au- 
 thorised^ be* held at any other day than the first 
 Tuesday of ApKHn^each yea*vsuch town-meetings 
 shall so continue to be held,any thing in this act to the 
 contrary notwithstanding.