required to be inserted either as an addition to, or an alteration of, the former provisions, the portion of the new law necessary for that purpose, only, has been selected, and it is usually indicated by being included within brackets. In other cases, the substance of the new enactment has been compendiously stated in the text, within brackets also. Where the subject was not of general importance, the substance of the new provisions has been given in a note at the foot of the page. In all cases where only the substance of a new enactment has been incorporated in the text of this edition, or where a provision or part of a provision has been omitted in consequence of a new law not published at length in the body of the work, such new statutes will be given in the Appendix to volume II., in connection with the revisers' notes on the appropriate section. In some cases, where the new statute embraced an entirely new subject that was not already contained or treated of in the Revised Statutes, it has been introduced as a new title of some appropriate chapter, or as a new article of some title that in terms included it. The law relative to principals and factors or agents is an instance of the first kind, and the provisions of the act to abolish imprisonment for debt, which relate to demands over fifty dollars, furnish an instance of the second kind. Some such disposition of those and other statutes seemed indispensable, in order to preserve the numbers and arrangement of the chapters of the Revised Statutes, and to prevent an utter derangement of the whole order and analysis of the work. But it is to be observed that the titles or names of hose acts which are thus introduced as titles or articles, are not inserted as any part of the Revised Statutes, but are carefully distinguished from all others by a reference to the statutes from which they were taken, and generally by being included within brackets. CONTENTS OF VOLUME I. Page Constitution of the United States,.. Amendments to the Constitution of the United States, First Constitution of the State of New York,.. Amendments to the first Constitution of the State of New York,- Second Constitution of the State of New York, . Amendments to the second Constitution of the State of New York, The Constitution of the State of New York,.... Argendment to the Constitution of the State of New York, OF THE SEVERAL ACTS, CHAPTERS, TITLES AND ARTICLES EMBRACED IN THIS EDITION OF THE REVISED STATUTES, AS ALTERED BY THE LEGISLATURE, ANI UER STATU. TORY PROVISIONS OF A GENERAL NATURE INCLUDED THEREIN. THE REVISED STATUTES consist of FOUR PARTS, which are denominated ACTS. CHAP. III. Of the census or enumeratim of the inhabitants of the state, . THE FIRST PART OF THE REVISED STATUTES IS ENTITLED “An Act CONCERNING THE TERRI- CAAP. IV. Of the rights of the citizens and in- TOBIAL LIMITS AND DIvisions, The Civil Polity, AND THE INTERNAL ADMINISTRATION OF THIS STATE;' AND CONSISTS OF TWENTY CHAP- CHAP. V. Of the public officers of this state, TERS,' WITH THE FOLLOWING TITLES : other than militia and town officers; their election or appointment ; their qualifications, and the tenure of their offices : Containing CHAP. I. Of the boundaries of the state, and its Title 1. Of the number, location, and classi- territorial jurisdiction : Containing three fication of the public officers of this Title 1. Of the boundaries of the state, .... 77 Title 2. Of legislative officers, Title 2. Of the sovereignty and jurisdiction Title 3. Of executive officers, .. Title 3. Of the places ceded to the United Title 4. Of judicial officers : Containing two Art. 1. Of judicial officers other than jus- CAAP. II. Of the civil divisions of the state : Art. 2. Of justices of the peace, Title 1. Of the several counties of the state, 129 Title 5. Of administrative officers, 149 Title 6. General provisions applicable to all 151 the civil officers of this state, or to cer- 152 tain classes of them : Containing five appointment of officers; their qualifi- cations ; the commencement and dura- · The first volume of this edition contains the first thirteen chapters of the first part of the Revised Statutes ; fourth parts. B Page. Page. Art. 2. Of nominations to offices, and the Title 8. Miscellaneous provisions,. 450 commissions of officers, 409 Title 9. Of the election of mayors of cities, 451 Art. 3. Of the oath of office, and the official bond, ..... 410 CHAP. VII. Of the legislature: Containing six Art. 4. Of resignations, vacancies and re Titles. movals, and the means of supplying Title 1. Of the apportionment of the memthem, 412 452 Art. 5. Proceedings to compel the deli- Title 2. Of the powers, duties and privileges very of books and papers, by public of the two houses, and their members officers, to their successors, 416 and officers, 454 Title 3. Of applications to the legislature, . 456 CHAP. VI. Of elections for other than militia Title 4. Of the enactment and promulgaand toun officers : Containing nine Titles. tion of statutes, and of the time from Title 1. Of the qualifications, disabilities which they take effect, 458 and privileges of electors, 418 Title 5. Of the mode of taking testimony in Title 2. Of general and special elections, certain legislative proceedings, .. 462 the time and purpose of holding them, Title 6. Of the compensation of the mem and the persons by whom held, . 419 bers of the legislature and their officers, Title 3. Of the mode of notifying general and the contingent expenses of the senand special elections: Containing three ate and assembly,....... 461 Articles. Art. 1. Of the notices to be given by the CHAP. VIII. Of the duties of the executive offisecretary of state, 420 cers of the state, and of rarious matters Art. 2. Of the notices to be given by the connected with their respective departments : county and state canvassers, 421 Containing nine Titles. Art. 3. Of elections in cities and towns; Title 1. Of the governor, lieutenant-goverof the notices to be given to city and por, or other person administering the town officers; the formation of election government of the state,... 467 districts, and the appointment of inspecTitle 2. Of the secretary of state, 471 tors of election thereof, 422 Title 3. Of the comptroller: Containing three Title 4. Of the manner of conducting elec Articles. tions : Containing four Articles. Art. 1. Of the general duties and powers Art. 1. Of the formation of the board of of the comptroller, .. 476 inspectors and the appointment of clerks, 426 Art. 2. Of proceedings against persons Art. 2. Of the manner of voting and of accountable for public moneys, 480 challenges, 426 Art. 3. Of the settlemen' of accounts for Art. 3. Of the duties of the board of in lands purchased from, or mortgaged to spectors and clerks of the poll,. ..... 432 the people of this state, 482 Art. 4. Of the canvass and estimate of the Title 4. Of the treasurer, 481 votes by the board of inspectors, 431 Title 5. Of the attorney-general, 487 Title 5. Of the final canvass and mode of de- Title 6. Of the state engineer and surveyor, 489 claring and certifying the result: Con- Title 7. Of the public printing, . 491 taining five Articles. Title 8. Provisions relating to two or more Art. 1. Of the board of county canvassers of the executive oflicers,. . 495 and their proceedings,... 436 Title 9. Of the issuing and transfer of certiArt. 2. Of the duties and proceedings of ficates of stock created by the laws of the county clerk, ... 439 498 Art. 3. Of the duties of the secretary of state, previous to the meeting of the Chap. IX. Of the funds, rerenue, expenditures state canvassers, 439 and property of the state, and the adminArt. 4. Of the formation and proceedings istration thercof: Containing fourteen of the board of state canvassers,. 410 Titles. Art. 5. Of the subsequent duties of the Title 1. Of the general fund, and expendisecretary of state, 411 tures chargeable thereon, . 503 Title 6. Of the election of representatives in Title 2. Of the canal fund, and the adminiscongress; electors of president and vice tration thereof,. 516 president, and senators in congress : Title 3. Of the literature fund, 538 Containing four Articles. Title 4. Of the common school fund, . 538 Art. 1. Of the election of representatives Title 5. Of the public lands, and the superin congress, 442 intendence and disposition thereof: ConArt. 2. Of the election of electors of presi taining seren Articles. dent and vice-president, 442 Art. 1. Of the general powers and duties Art. 3. Of the formation and proceedings of the commissioners of the land office, 511 of the colleges of electors, .. 415 Art. 2. Of the survey and appraisement Art. 4. Of the election of senators in con of unappropriated lands, previous to gress, 446 sale, 542 Title 7. Penalties for violating the provisions Art. 3. Of the sale of the unappropriated of this chapter, and for misconduct at lands, and the execution of grants thereelections, 447 for, 514 Page. Page. Art. 4. Of grants of land unaer water,... 532 Title 1. Of the persons subject to military Art. 5. Regulations concerning the protec duty, . 715 tion of the public lands, and the pay- Title 2. Of the election and appointment of ment of charges thereon,. 553 militia officers, and the tenure of their Art. 6. Of the duties of the commissioners offices, 716 of the land office, in regard to lands be- Title 3. Of the enrollment of persons subject longing to the canal fund, .. 555 to military duty,... 722 Art. 7. Of the duties of the commissioners Title 4. Of the organization, uniform and of the land office in regard to lands ap discipline of the militia : Containing propriated to the use of the saltsprings, 555 three Articles, Title 6. Of mortgages to the people of this Art. 1. Of the general organization of the state, and the foreclosure thereof,. 505 militia, and their uniform and discipline, 726 Title 7. Of the public buildings and erec- Art. 2. Of the organization of the staff detions, 569 732 Title 8. Or the state library, the library of Art. 3. Of the organization of bands of the court of appeals and the state cabi musicians, 734 net of natural history, 573 | Title 5. Of the several parades and rendezTitle 9. Of the canals: Containing cleven vous of the militia; and of compensation Articles. for military service, and of boards of Art. 1. Designation and description of the auditors; and of riots, breaches of the canals, 577 peace and resistance of process: ConArt. 2. Of the canal commissioners, and taining four Articles. their general powers and duties, ...... 579 Art. 1. Of the several parades and rendezArt. 3. Of the appraisement of dainages,. 593 vous of the militia, 735 Art. 4. Of the canal board, their powers Art. 2. Of compensation for military serand duties, .... 601 vices, 745 Art. 5. Of the state engineer and surveyor, Art. 3. Of regimental board of auditors, 746 division, resident and assistant engi- Art. 4. Of riots, tumults, breaches of the Deers and their duties, .. 608 peace and resistance to process, 747 Art. 6. Of water privileges, and the sale Title 6. Of courts of inquiry and courtsof surplus waters, . 612 martial: Containing three Articles. Art. 7. Of the superintendents of repairs, Art. 1. Of courts of inquiry and courtsand the collectors of tolls, .. 617 martial for the trial of officers, 752 Art. 8. Regulations and penalties concern- Art. 2. Of regimental and battalion courtsing the navigation of the canals, and martial, 755 the collection of tolls,... 621 Art. 3. General provisions applicable to Art. 9. Regulations and penalties concern all courts-martial and courts of inquiry, 756 ing the protection and maintenance of Title 7. Of penalties, fines, fees and expendthe canals,.... 631 itures : Containing three Articles. Art. 10. Of the powers and duties of the Art. 1. Of the imposition of penalties and contracting board,.. 631 fines for violating the provisions of this Art. 11. Miscellaneous provisions of a chapter, 759 general nature, . 637 | Art. 2. Or the collection and application of Title 10. Of the salt springs : Containing penalties, fines and commutation moeeren Articles. ney, 762 Art. 1. General provisions,. 640 Art. 3. Of the compensation and fees of the Art. 2. Of the officers entrusted with the members of courts-martial, and other superintendence of the Onondaga salt officers,.. 765 springs, 641 Title 8. Of the duties of certain staff offiArt. 3. Of the general duties, powers and cers, and of various matters connected liabilities of the officers connected with with their respective departments : Conthe Onondaga salt springs,........... 644 taining two Articles. Art. 4. Regulations and penalties concern- Art. 1. Of the adjutant general, 765 ing the use of salt water, and the manu- Art. 2. Of the commissary general, 766 facturing of salt,... 659 Title 9. Miscellaneous provisions of a geneArt. 5. Regulations and penalties concern ral nature, 768 ing the inspection, packing and removal Title 10. Special provisions : Containing five of salt, and the payment of duties, .... 667 Articles. Art. 6. Miscellaneous provisions applica- Art. 1. Of so much of the thirty-first bri ble to the Onondaga salt springs,.. 680 gade district, eighth division of the miArt. 7. Of the salt springs at Montezuma, 682 litia, as is included within the city of Title 11. Of the interest of the state in mines, 681 Buffalo, and so much of the eleventh Title 12. Of escheats,.... 685 brigade district, third division, as is inTitle 13. Of the recovery of forfeited estates, 688 cluded within the city of Albany,..... 773 Art. 2. Of the first division of the militia Title 14. Of the United States deposit fund, 689 and fifth brigade, 786 Art. 3. Of so much of the tenth brigade Casp. X. Of the militia and the public defense : district, third division, as is included Containing ten Titles. within the city of Troy, 806 |