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CHAP 4,

Trial by jury. New courts,

habeas cor

pus.

Search warrante.

thereof, unless by the law of the land, or the judgment of his peers.

1 R. L., 47, § 2 and 5. Cons., art. 1, $ 1. $ 8. The trial by jury, in all cases in which it has heretofore been used, is to remain inviolate forever; and no new court can be instituted but such as shall proceed according to the course of the common law, except such courts of equity as the legislature, by the constitution of this state, is authorized to establish.

Cons., art. 1, $ 2. Religious S 9. The free exercise and enjoyment of religious profession worship.

and worship, without discrimination or preference, is forever to be allowed in this state to all mankind; but the liberty of conscience so secured, is not to be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace or safety of this state.

Cons., art. 1, $ 3. Writ of S 10. The privilege of the writ of habeas corpus cannot be

suspended, unless when in cases of rebellion or invasion, the public safety may require its suspension.

Cons., art. 1, $ 4. $ 11. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, ought not to be violated; and no warrants can issue but upon probable cause supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

4th amendt. const. U. S. $ 12. No person can be held to answer for a capital or otherwise infamous crime, (except in cases of impeachment; and in cases of the militia when in actual service, and of the land and naval forces in time of war, or which this state may keep, with the consent of congress, in time of peace; and in cases of petit larceny, under the regulation of the legislature,) unless

on presentment or indictment of a grand jury; and in every [94]

trial on impeachment or indictment, the party accused is to be allowed counsel as in civil actions, or he may appear and defend in person.

· Cons, art. 1, $ 6.

$ 13. No person can be subject for the same offence, to be proceedings twice put in jeopardy of life or limb; nor can he be compelled

in any criminal case to be a witness against himself; nor be property. deprived of life, liberty or property, without due process of

law; nor can private property be taken for public use, without just compensation.

Cons., art. 1, $ 6. Rights of $ 14. In all criminal prosecutions, the accused has a right to

a speedy and public trial, by an impartial jury, and is entitled to be informed of the nature and cause of the accusation: to

Accusations of crimes,

Criminal

Private

accused persons.

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cons. U. S.

be confronted with the witnesses against him; and to have compulsory process for obtaining witnesses in his favor.

6th amendt. cons. U. S. S 15. Neither justice nor right should be sold to any person, Justice to nor denied, nor deferred; and writs and process ought to be Process. granted freely and without delay, to all persons requiring the same, on payment of the fees established by law.

1 R. L., 48, § 6. S 16. No citizen of this state ought to be fined or amerced Fines. without reasonable cause, and such fine or amercement should always be proportioned to the nature of the offence.

1 R. L, 48, $ 7. § 17. Excessive bail ought not to be required, nor excessive Bail, &c. fines imposed, nor cruel nor unusual punishments inflicted.

1 R. L., 48, $ 8; 8th amendt. to cons. U.S. Cons., art. § 5. $ 18. All elections ought to be free; and no person by force Elections. of arms, malice, menacing, or otherwise, should presume to disturb or hinder any citizen of this state in the free exercise of the right of suffrage.

1 R. L., 48, § 9. $ 19. It is the right of the citizens of this state to petition Right to

petition, the governor, or either house of the legislature; and all commitments and prosecutions for such petitioning are illegal.

I R. L, 48, § 10. Cons., art. 1. $ 10. 20. Every citizen may freely speak, write, and publish his Liberty of sentiments on all subjects, being responsible for the abuse of that right; and no law can be passed to restrain or abridge the liberty of speech or of the press.

6 B., 58. Cous., art. 1, $ 8. $ 21. In all prosecutions or indictments for libels, the truth Proseros may be given in evidence to the jury; and if it shall appear libels. to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party is to be acquitted; and the jury have the right to determine the law and the fact.

Cons., art. 1$ 8.

1th good morharged as ind if it shall be truth Prose

[95]

CHAP. V.
Of the Public Officers of this State, other than Militia and

Town Officers; their election or appointment; their
qualifications, and the tenure of their offices.

(Took effect 1 January, 1830.) Trile 1.-Of the number, location, and classification of the public

officers of the state. TITLE 2.-Of legislative officers. TITLE 3.-Of executive officers.

TITLE 1

TITLE 4.-Of judicial officers.
TIILE 5.—Of administrative officers.
TITLE 6.—General provisions applicable to all the civil officers of this

state, or to certain classes of them.

civil off

TITLE I.
OF THE NUMBER, LOCATION, AND CLASSIFICATION OF THE

PUBLIC OFFICERS OF THE STATE.
Sec. 1. Names and number of the several civil officers.

2. Common councils to fix the number of commissioners of deeds and notaries.
3. Copy of such determination to be transmitted to governor.
4. Nominations to be made conformably to such determination.
5. County courts to determine number of commissioners of deeds in towns.
6. Such commissioners, when not to be increased.
7. What offices to be vacated under this chapter.
8. In certain cases no new appointment to be made.
9. Circuit judges, &c., where to reside.
10. County judges and recorders where to reside.
11. Surrogates, &c., local officers.
12. Justices of the peace where to reside, &c.
13. Commissioners of deeds where to reside, &c.
14. Notaries public where to reside, &c.
15. Sheriff's, &c., where to reside.

16. Administrative officers confined in the execution of their duties. Classifica

SECTION 1. There shall be elected or appointed, in the tion of the

manner herein after declared or prescribed, the following civil cers. officers, who shall be arranged in classes to be denominated

legislative, executive, judicial and administrative; but this classification shall not be construed as defining the legal powers of the officers, that shall be assigned to either class :

1. In the class of Legislative Officers, Legislative. Thirty-two senators;

One hundred and twenty-eight members of the assembly;
A speaker of the house of assembly from its own body;

A clerk, a sergeant-at-arms, a door-keeper, and so many assistant door-keepers, messengers, and other subordinate officers for each house of the legislature, as such houses shall

respectively deem necessary. [96]

2. In the class of Executive Officers. Executive. A governor and lieutenant-governor;

A secretary of state, a comptroller, a treasury, an attorney general, a surveyor-general, and a state printer;

A private secretary for the governor, and a door-keeper of the executive chamber.

3. In the class of Judicial Officers, A chancellor, a register of the court of chancery, to reside Chancery. and keep his office in the city of Albany, an assistant register

of the same court, to reside and keep his office in the city of New York;

Judicial.

TITLE 1.

court.

A clerk of the said court, to reside and keep his office in the village of Poughkeepsie, and a clerk thereof, to reside and keep his office in the village of Utica;

A sergeant of said court, to reside in the city of Albany, and a sergeant thereof, to reside in the city of New York;

Five masters and two examiners in chancery in the city and county of New York, and not more than three masters and three examiners in every other county of this state;

So many commissioners to take affidavits to be read in the said court, as the chancellor shall from time to time think proper to appoint;

A chief justice and two justices of the supreme court; three Supreme clerks of the said court, one to reside and keep his office in the city of Albany, one in the city of New York, and one in the village of Utica ; and three criers of the said court, one to reside in Albany, one in New York, and one in the county of Oneida ;

A commissioner to perform the duties of a justice of the supreme court at chambers, to be denominated “Supreme Court Commissioner," to reside in each of the following counties and places: In the counties of Allegany, Cattaraugus, Chautauque, Erie, Franklin, Genesee, Herkimer, Lewis, Madison, Niagara, Oneida, Ontario, Orange, St. Lawrence, Suffolk,' Sullivan, Tompkins, Ulster and Westchester ;; one to reside either in the county of Tioga or in the county of Steuben ; in the town of Plattsburgh, in the county of Clinton; in the village of Catskill, in the county of Greene ;6 in the village of Poughkeepsie, in the county of Dutchess ; in the village of Watertown, in the county of Jefferson; in the village of Canajoharie, in the county of Montgomery ;? in the village of Glen's Falls, in the county of Warren ;8 in the town of Kingsbury, in the county of Washington ; and in the town of Whitehall, in the county of Washington;

Das Laws of 1828, chap. 237, April 17, 1828. ? - Laws of 1828, chap. 2,

January 7, 1828. Laws of 1828, chap. 133, March 28, 1828.

* • Laws of 1828, chap. 244, April 18, 1828. So many commissioners to take affidavits to be read in the supreme court, as the justices thereof shall think .proper to appoint;

A clerk of the court for the trial of impeachments and the [97] correction of errors, a crier, and a sergeant of the same court; Cou

A reporter of the decisions of the supreme court, and of the R decisions of the court for the trial of impeachments and the correction of errors, to be denominated the “state reporter;"!

A reporter of the decisions of the court of chancery, to be denominated the “chancery reporter;"

A circuit judge for each of the eight circuits, and a clerk of Circuit. the court of equity of each circuit;

A first judge and four judges of the county courts of each County county, except the city and county of New-York, in which courts. there shall be a first judge of the court of common pleas;

Laws of 1828, chap. 321, April 21, 1828.

Reporters..

courts.

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A chief justice and two associate judges of the superior court of law in and for the city and county of New-York;

Laws of 1828, chap. 321, April 21, 1828. A clerk, a sheriff, a surrogate, and a district attorney for each county;

A coroner for the city and county of New York, and four coroners for every other county;

A register of the city and county of New York, and a clerk of the court of oyer and terminer and general sessions of the same city;

A recorder of each of the cities of Albany, New-York, Hudson and Troy;

A clerk of the city of Hudson, and a marshal for each of the cities of Hudson and Troy;

Three special justices for the city of New York, and a clerk of the police office in said city;

Three justices of the marine court for the city of New York, and a clerk of said court;

An assistant justice for the first, second and third wards; an assistant justice for the fourth and sixth wards; an assistant justice for the fifth, eighth and fourteenth wards; an assistant justice for the seventh, tenth and thirteenth wards; an assistant justice for the ninth and eleventh wards, and a clerk to each of the said assistant justices, and two assistant justices for the twelfth ward of the city of New-York;

Three justices of the justices' court of the city of Albany, and a clerk of said court;

A justice of the peace for the fifth ward of the city of Albany;

Laws of 1928. chap. 178, April 5, 1828. Three justices of the justices' court of the city of Hudson, and a clerk of said court;

Not less than three, nor more than six justices of the peace for the city of Schenectady;

Four justices of the peace for each town in the state;

Not less than two, nor more than four commissioners to take the proofs and acknowledgments of deeds, and to perform certain other duties, to be denominated “commissioners of deeds,” for each town in the state, and so many of the like commissioners for each of the cities in this state, as shall from time to time be determined in the manner herein after provided;

Commissioners of deeds for the city and county of New-
York;

Laws of 1829, chap. 52.
Notaries public in the city and county of New-York.

Laws of 1829, chap. 52.
So many notaries public in each of the other cities of this
state, as shall from time to time be determined, in the manner
herein after provided;

erk of a threpectadse for

Justices.

Commissioners of deeds.

[98]

Notaries pablic.

ap. 02.

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