or any perfon prefent, and entitled to vote at fuch election, fhall challenge him to be unqualified for the purpose, the inspectors fhall tender and adminifler to him the following oatli, viz.

I fence of Almighty God, That I am, and have been for fix months next

do folemnly and fincerely fwear and declare, in the pre

and immediately preceding this election, a freeholder, and poffeffed of a freehold in my own right (or in my wife's right, as the cafe may be) of the value of twenty pounds, in the county of or have, for fix months

next and immediately preceding this election, rented a tenement of the yearly value of forty fhillings, within the county of and have been rated, and actually paid taxes to this ftate; and that I now am an actual refident of the ward, town, manor, diftrict or precinct of (as the cafe may be) and that I have not been polied before in any part of the faid county, at this election.

And in cafe the elector fhall refufe to take the faid oath, Elector refufing to when fo tendered to him as aforefaid, he fhall lose his vote take the oath, to lofe lus vote. at the faid election. Provided nevertheless, That nothing What freemen of herein before contained, fhall be conflrued to deprive the New-York and Alba- perfons who were freemen of the city of New-York, on ny entitled to vote. the fourteenth day of October, in the year of our Lord one thousand feven hundred and feventy-five, or freemen of the city of Albany, on the twentieth day of April, in the year of our Lord one thousand feven hundred and feventy-feven, and who fhall be actually and usually refident in the faid cities respectively, and who may refufe to take the oath laft above contained, of the right of voting for reprefentatives in affembly in the faid cities, referved to them by the feventh article of the conftitution of this flate. Provided also, That whenever any man shall present himself to give his vote or ballot as a freeman of the faid city of New-York, or city of Albany, for teprefentatives in Affembly, and either of the infpectors fhall fufpect him to be unqualified for the purpofe, they fhall tender to him the following oath, to wit:

I

do folemnly and fincerely fwear and declare, in the prefence of Almighty God, That I now am, and was a freeman of the city of New-York, before the fifteenth day of October, in the year of our Lord one thousand feven hundred and feventy-five, or a freeman of the city of Albaity, before the twenty-firft day of April, in the year of our Lord one thouLand feven hundred and feventy-feven (as the cafe may be) and that I now am an actual refident in ward of the city of New-York (or Albany, as the cafe may be) and that I have not been polied before at this election, in any part of this state.

And in cafe fuch elector fhall refufe to make fuch oath, when tendered to him as aforefaid, he shall lofe his vote at the faid election.

dered to dilaffected

VIII. And be it further enacted by the authority aforesaid, An oath to be ten- That at every fuch election, the infpector fhall tender and adminifter to each elector prefenting himself to vote at fuch election, if any or either of them fhall fufpect that such clector is not well affected to the government of this ftate, the following oath, to wit:

electors.

I

do folemnly, without any mental refervation or equivocation whatever, fwear and declare, and call God to witness, That I do abjure and renounce all allegiance and fubjection to the king of Great Britain, and

Tt

to all and every other foreign king, prince, potentate, and flate whatsoever; and that I will bear true faith and allegiance to the state of New-York, as a free and independent flate; and that I will, in all things, to the beft of my knowledge and ability, do my duty as a good and faithful citizen of the faid flate ought to do.

And if any elector fhall refufe to take the faid oath, when tendered to him as aforefaid, he fhall not be permitted to vote at fuch election. And if at any fuch election the inspectors fhall receive the vote or ballot of any elector, who, upon being tendered the faid oath, fhall refufe to take the fame, the perion or perfons fo offending, fhall, for each offence, forfeit the fum of five pounds, to any perfon who will fue for the fame, to be recovered, with cofts. And further, It fhall and may be lawful for the inspectors, at any fuch election, and they are hereby required to adminifter the faid oath to any elector who fhall voluntarily offer to take the fame.

ballots for governor,

and fenators, to be

the poll.

IX. And be it further enacted by the authority aforesaid, How poll-lifts and That on clofing the poll at every fuch election, the pollLieutenant- zovernor books, or lifts for governor, lieutenant-governor and fenadifpofed or on clofing tors, or fuch of them as were to be chofen at fuch election, fhall, after due examination and correction thereof, be figned by the inspectors attending the clofing of the poll, and clerks who fhall have kept the fame poll-books, or lifts refpectively; and the box containing the ballots or tickets for governor, lieutenant-governor and fenators, or fuch of them as were to be chofen at fuch election, fhall then be opened, and the ballots or tickets contained therein, be taken out, and without being inspected, fhall, together with the poll-books or lifts, be immediately put up under cover, and inclosed, and the inclofure bound with tape, and fealed in such manner as to prevent its being opened without difcovery; and the inspectors pre ent at closing the poll, fhall then put their feals, and write their names upon the fame inclofure; and one of the infpectors then prefent, to be appointed for that purpofe by a majority of them, fhall deliver the fame inclofure, fo fealed up as aforesaid, to the fherlif of the county, without delay. And further, That the poll-books, or lifts for members How poll-lifts and of aflembly, fhall, on clofing the poll at every fuch election, affembly to be difpof- after due examination and correction, be figned by the infpectors attending at the clofing of the poll, and the clerks who fhall have kept the fame poll-books or lifts refpectively; and then the box containing the ballots or tickets for members of affembly, fhall be opened, and the ballots or tickets contained therein taken out, and without being infpected, fhall, together with the poll-books, or lifts for members of aflembly, be immediately put up under cover, and inclofed, and the inclofure bound with tape, and fealed in fuch manner as to prevent its being opened without difcovery: And the infpectors prefent at clofing the poll, fhall then put their feals, and write their names upon the fame inclofure; and one of the inspectors then prefent, to be appointed for that purpose by a majority of them, fhall deliver the fame incloure, fo fealed up as aforefaid, to the clerk of the county, without delay, who fhall carefully preferve and keep the fame unbroken and unopened, until the meeting of the perfons appointed to canvas and eflimate the ballots therein contained, when he fall deliver the fame inclofure, unbroken and unopened, to them.

ballots for members of

X. And be it further enacted by the authority aforefaid, its and ballots into That each and every fheriff of the refpective counties is

Sheriffs to put poll

fame into the fecretaTy's othice.

be annually appointed

embly, to canvas the

a box, and deliver the this flate, fhall, upon receiving the faid inclosures directed to be delivered to them as aforefaid, without opening or infpecting the fame, or any or either part of them, put the faid inclofures, and every of them, into one box, which fhall be well closed and fealed up by him, under his hand and feal, with the name of his county wrote on the box, and be delivered by him, without opening the fame, or the inclofures therein contained, into the office of the fecretary of this flate, before the laft Tuefday of May, in every year, where the fame fhall be fafely kept by the fecretary of this flate, or his deputy, unbroken and unopened, until the meeting of the perfons appointed to can vafs and eflimate the ballets therein contained, when he shall deliver all the faid boxes, unbroken and unopened, to them. XI. And be it further enacted by the authority aforesaid, Joint committee to That a joint committee fall be appointed yearly and every by the lenate and as- year, to canvass and eflimate the votes for governor, licu ballots for governor, tenant-governor and fenators, or fuch of them as are then lieutenant-governor to be chofen; which committee fhall confift of twelve memand fenators. bers; That is to fay, Six to be appointed by the fenate out of their body, and fix to be appointed by the affembly out of their body; and fuch committee fhall be annually appointed, by refolutions of each body respectively, and fhall meet at the office of the fecretary of this flate, on the laft Tuesday of May; at which meeting the faid joint committee, or a major part of them, or the furvivors of them, or the major part of fuch furvivors, ihall, on the faid day, and on fo many days next fucceeding thereto, as fhall be neceffary for the purpose, proceed to open the faid boxes, one after the other, and the inclofures therein contained refpectively, and canvas and eftimate the votes therein contained: And if the number of ballots in any inclosure shall exceed the number of electors contained on the poll-lifts in the fame inclofure, then the faid joint committee, or other perfons appointed to canvas fuch ballots, fhall proceed to draw out and defroy unopened, fo many of the faid ballots, as fhall amount to the excefs, and shall proceed to canvass and eftimate the refidue: And when and as foon as they fhall be able to determine upon fuch canvas and eflimate, who by the greatefl number of votes fhall have been chofen for a governor, if a governor was to be chofen, and who by the greatest number of votes fhall have been chofen for lieutenant-governor, if a lieutenant-governor was to be chofen, and who by the greatest number of votes fhall have been chofen for fenators, and within fourteen days next after the faid last Tuesday in May, the faid joint committee, or the major part of them, or the furvivors of them, or the major part of fuch furvivors, or other perfons appointed to canva's fuch ballots, fhall determine the fame; and thereupon, without delay, make and fubfcribe with their own proper names and hand-writing, a certificate of fuch determination, in a book to be kept for that purpofe in the faid fecretary's office, there to remain of record, and without delay deliver, or caute to be delivered, a true copy thereof, fo fubfcribed as aforefaid, to each of the perfons fo elected refpectively, and to the perfon adminiflring the government of the fate for the time being, and another copy thereof, fubfcribed as aforefaid, unto the fenate, on the firft Monday in July, in every year, or at the next meeting of the legiflature thereafter: And when a governor, or lieutenant-governor, fhall be to be chofen, the faid joint committee, or the major part of them, or the furvivors of them, or the major part of fuch furvivors, or other perfons appointed to canvass fuch ballots, fhall alfo caufe true copies thereof, fubicribed as

aforefaid, to be published in at least three of the public news-papers printed Altered 14thfeff.ch.5. in this state. And when at any election a fenator is to be chosen in the room of one dead or removed from office, the faid joint committee, or the major part of them, or the furvivors of them, or the major part of fuch furvivors, or other perfons appointed to canvafs fuch ballots, fhall also, upon the faid canvass and effimate, determine and certify, in the manner aforefaid, which of the perfons chofen for fenator, at fuch election, is elected in the room of the perfon deceafed or removed from office; and in order to enable them to determine the fame, it is hereby declared, that when a fenator is to be chofen in the room of one dead or removed from office, and any elector does not on his ballot defignate who he votes for as fenator, in the room of the perfon deceased or removed from office; then the perfon last named on the ballot, fhall be taken to be voted for in the room of the perfon deceased or removed from office, if the elector votes for the full number of fenators then to be chofen; but if he does not vote for the full number, then it fhall be fuppofed that he did not mean to vote for any perfon in the room of the perfon deceased or removed from office; and fo in all cafes where more than one fenator is to be chofen, în the room of others either dead or removed from office, the last perfon named on the ballot, fhall be fuppofed to be voted for in the room of the person whofe time of continuance in office was nearest expiring, at the time of his death or removal from office, and the laft but one in the room of the next, and fo on, unless otherwife diftinguished on the ballot. And further, That immediately upon making fuch determination as aforefaid, all the poll-books, or lifts and ballots, or tickets for gove mor, lieutenant-governor and fenators, and for each and every of them, fhall be deftroyed by the faid joint com

mittee.

In cafe of non-at

notice thereof.

And further, That in cafe no fuch committee should be tendance of commit- appointed, or if fuch committee fhould not meet as aforetee, fecretary to give. faid, on the laft Tuesday in May, in any year, then it shall be the duty of the fecretary of this ftate for the time being, to give notice thereof, on the faid laft Tuesday in May, or within four days thereafter, to the chancellor and the juftices of the fupreme court of this state, for the time being; and the chancellor and juftices of the fupreme court, or the major part of them, fhall be, and hereby are, in fuch cafe, authorised and required to meet at the office of the fecretary of this ftate, on the fecond Tuesday in June, in the fame year, and on that day, and on fo many days next fucceeding thereto as fhall be neceflary for the purpose, canvas and eftimate the faid votes, and do, execute and perform, all and every thing and things in and about the premises, in the fame manner as fuch joint committee A majority of can- might or ought to have done. And moreover, when a vaffers empowered to majority of the faid joint committee, or a majority of the furvivors of them, or the major part of the faid chancellor and juftices of the fupreme court, fhall meet as aforefaid, for the purpose of canvaffing and eftimating the votes for governor, lieutenant-governor and fenators, or for any of them, fuch majority hall be, and hereby are autho rifed, empowered and required to proceed to fuch canvafs and eftimate; and all queftions which fhall arife upon fuch canvass and eftimate, or upon any of the proceedings therein, fhall be determined according to the opinion of the major part of the perfons fo met, conformable to this act, and their judgment and determination fhall, in all cafes, be binding and conclufive.

act.

And further, That the governor and lieutenant-governor fo elected, hav ing feverally taken their respective oaths of office, fhall feverally enter upon the execution of their respective offices, on the first day of July then next enfuing; and that the fenators fo elected, fhall refpectively give their attendance, and take their respective feats in fenate, on the firil Monday of July, in every year, or at the next meeting of the legislature thereafter.

XII. And be it further enacted by the authority aforend, That the faid joint committee, and the chancellor and juftices of the fupreme court, or fuch of them as shall attend to make fuch canvaís and eftimate as aforefaid, before they proceed to open any of the boxes delivered by the fheriffs as aforefaid, fhall feverally take and fubfcribe, before the fecretary of this ftate, or his fworn deputy, or a mafter in chancery, the following oath, to wit.

I

appointed by the fenate or affembly (as the cafe may be, to canvas and eltimate the votes for governor, lieutenant-governor and fenators, or for lieutenant-governor and fenators, or for fenators (as the cale may be) taken at the laf election held within this ftate: or, I chancellor or one of the juflicts of the fupreme court of the ftate of New-York, (as the cafe may be) do folemnly and fincerely fwear and declare, in the prefence of Almighty God, That I will faithfully, honefly and impartially canvafs and eftimate the votes for governor, lieutenant-governor and fenators, or for lieutenant-governor and fenators, or for fenators (as the cafe may bey contained in the boxes delivered into the office of the fecretary of this flate, by the fheriffs of the feveral counties; and that I will publifh and declare the perfon who hath the greateft number of votes for govem or (if a governor was to be chofen at fuch election) to be elected to the faid office of governor; and the perfon who hath the greatest number of votes for lieutenant-governor (if any was to be chofen at fuch election) to be elected to the faid office of lieutenant-governor; and the perfons who have the greateft number of votes for fenators, to be elected to the faid office of fenators refpectively; and if I fhall difcover any of the other perfons appointed a committee with me (or who fall attend with me) for the purpofe aforefaid, conducting himself or themfeives partially, unduly or corruptly, in the premies, that I will divulge and difcover the faine, to the end that the perfon fo offending may be brought to juflice.

Which oath fhall be entered of record, by the fecretary or his deputy, in the fame book in which the certificate of the determination upon fuch canvas and eftimate, is to be entered as afore aid.

aldermen to canvas

city of New-York.

XIII. And be it ur her enacted by the authority aforesaid, Mayor, recorder and That the mayor, recorder and aldermen of the city of Newballots for members York for the time being, or the major part of them, fhail faffenly in the be, and hereby are authoried and required to canvas and eftimate the votes for members of aflembly for the faid city and county of New-York, and fhall yearly meet together for that purpose. at the city-hall of the city of New-York, on the latt Tuesday in May, in every year, and on that day, and on fo many days next fucceeding thereto, as fhall be neceflary for the purpose, proceed to open the faid inclofures delivered to the clerk of the faid city, and canvas and eftimate the votes therein contained; and when and as foon as they fhall be able to determine upon fuch canvass and etlimate, who by the greatest number of votes fhall have been chofen for members of affembly for the faid city and county of NewYork, at the last preceding election, and within fourteen days after the faid