Altered asto Weft

ial Tueday of May, they fhall determine the fame, and thereupon, with out delay, male and fubfcribe, with their own proper names and handwriting, a cerificate of fuch determination, in a book to be kept for that purpole in the office of the clerk of the city of New-York, there to remain of record, and without delay deliver, or caufe 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 this flate for the time being; and fhall alfo deliver, or caufe to be delivered, another copy the reof, to fubfcribed as aforesaid, unto the aflembly, on the fift Monday of July, in every year, or at the next meeting of the legislature thereafter; and immediately upon making fuch determination as aforefaid, all the poll-books, crlids and ballots, or tickets for members of affembly for the fame city and county, fhall be defroyed by the faid mayor, recorder and aldermen, or by fome or one of them. XIV. And be it further enadled by the auth rity aforefaid, Supery firs to can- That the fuper viors of each and every of the other counbers of affeably in the ties of this ftate, for the time being refpectively, or the maTins and place. jor part of them, fhall be, and hereby are authorifed and Lester, Latin lett, c. required to canvas and climate the votes for members of afembly, for their refpective counties. And the fupervifors of each refpective county, for the time being, or the major part of them, fhall yearly meet together for that purpose, on the last Tuesday of May, in every year, at the court-houfe in the fame county, if there be any, and if not, or if there be more than one court-house in iuch county, then at the houfe or place where the then laft court of feflions of the peace for the fame county, was held, and on that day, and on fo many days next fucceeding thereto as fhall be neceflary for the purpofe, proceed to open the faid inclotures delivered to the clerk of the faid county as aforefaid, and canvas and eftimate the faid votes therein contained; and when and as foon as they shall be able to determine upon fuch canvass and eflimate, who by the greatest number of votes fhall have been chofen for members of affemby for the fame county, at the laft preceding election, and within fourteen days after the faid laft Tuefday of May, they fhall determine the fame, and thereupon, without delay, make and fubcribe, with their own proper names and hand-writing, a certificate of fuch determination, in a book to be kept for that purpofe in the office of the clerk of the fame county, there to remain of record; and without delay deliver, or caufe to be delivered, a true copy thereof, fo fubfcribed as aforefaid, to each of the perfons fo elected refpectively, and to the perfon adminiftring the government of this ftate for the time being: And fhall alfo deliver, or caufe to be delivered, another copy thereof, fo fubfcribed as aforesaid, unto the affembly, on the firft Monday of July, in every year, or at the first meeting of the legislature thereafter. And immediately upon making fuch determination as aforefaid, all the pollbooks or lifts, and ballots or tickets for members of aflembly for the fame county, shall be deftroyed by the faid fupervifors, or by fome or one of them. XV. And be it further enacted by the authority aforefaid, In cafe of non-t That in cafe the fupervifors for the time being of any vfors, clerk to give ty, or a majority of them, fhall not meet as aforefaid on the laft Tuesday of May, in any year, then the clerk of fuch county fhall, on the faid lait Tuefday of May, or within three days thereafter, give notice thereof to the judges and affiftant juflices of the court

tendance of fuper

notice.

coun

of common pleas for the time being, in the fame county, and the fame judges and juftices, or the major part of them, fhall be, and hereby are in fuch cafe, authorised and required to meet together on the fecond Tuesday in June, in the fame year, at the fame place where the fupervifors ought to have met, and on that day, and on fo many days next fucceeding thereto as fhall be necellary for the purpofe, canvas and eft mate the votes for members of affembly for the fame county, and do, execute and perform all and every thing and things in and about the premises, in the fame manner as the fupervisors of the fame county, or the major part of them, might or ought to have done.

ballets exceed that of

XVI. And be it further enailed by the authority aforeld, If the number of That if the number of ballots for members of allembly in the electors, the ex- any inclofure, fhall exceed the number of electors riensels to be destroyed. tioned on the poll-lifts contained in the fame incloure, then the faid supervisors, or other perfons appointed to canvass fuch ballots, fhall proceed to draw out and deftroy unopened, fo many of the faid ballots as fhall amount to the excess, and fhall proceed to canvass and eftimate the refdue; and if two or more ballots or tickets fhall be found folded or rolled up together, none of the ballots fo folded or rolled up together, fhall be citimated.

XVII. And be it further enacled by the authority aforefaid, That when a majority of the faid mayor, recorder and aldermen of the city of New-York; or a majority of the fupervisors of any county, or the major part of the judges and affiftant juftices of the court of common pleas of any county, fhall meet as aforefaid, for the purpofe of canvafling and eitimating the votes for members of aflembly as aforefaid, fuch majority fhall be, and hereby are authorifed, empowered and required to proceed to fuch canvas and eftimate; and all queftions which fhall arife upon fuch canvas 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, and their judgment and determination fhall, in all cafes, be binding and conclufive.

XVIII. And be it further enacted by the authority aforesaid, That the members of affenbly fo elected, fhall refpectively give their attendance, an take their respective feats in affembly, on the firit Monday of July, in every year, or at the next meeting of the legislature thereafter.

XIX. And be it further enacted by the authority aforesaid, That the mayorecorder and aldermen of the city of New-York, or fuch of them as frul! make fuch canvass and eflimate as aforefaid, and the fupervisors and judges, and affiftant juftices of the court of common pleas of each of the other counties of this flate, or fuch of them as shall make fuch canvas and eftimate as aforefaid, fhall, before they proceed to open any of the inclofures containing the bailots for members of allembly, feverally take and fubfcribe the following oath, to wit:

I

or offe

mayor or recorder, or one of the aldermen of the city of New-York, or fupervifor of in the county of of the judges, or one of the affiftant juftices of the court of common pleas in the county of do folemnly and fincerely declare and fwear, in the prefence of Almighty God, That I will faithfully, honefly and impartially, canvas and eflimate the votes for members of county of New-York (or for the county of fures delivered into the office of the clerk of the

affembly for the city and ) contained in the inck,fame city (or county, and

that I will publish and declare the perfons who have the greatest number of votes for members of affembly, to be feverally elected to the faid office refpectively; and that if I fhall difcover any of the other perfons who fhall attend with me for the purpose aforefaid, conducting or demeaning himself or themfelves partially, unduly or corruptly in the premifes, that I will divulge or difcover the fame, to the end that the perion fo offending, may be brought to justice.

Which oath fall be taken by the faid mayor, recorder and aldermen of the city of New-York, before the clerk of the fame city, or either of the juftices of the fupreme court, or a mafter in chancery, and fhall be entered of record by the clerk of the fame city, in the fame book where the certificate of their determination is to be entered as aforefaid; and the faid oath fhall be taken by the fupervisors or judges, and afliftant juftices of the court of common pleas, in each of the other counties refpectively, before the clerk or any juftice of the peace of the fame county, and fhall be entered of record by the clerk of the fame county, in the fame book where the certificate of their determination is to be entered as aforefaid.

XX. And be it further enacted by the authority aforefaid, Penalty on canvaf That if any or either of the faid joint committee, or the fers for inal-conduct. chancellor, or any or either of the juftices of the fupreme court, or the mayor, or recorder, or any or either of the aldermen of the city of New-York, or any or either of the fupervisors, or judges, or affiftant jul tices of the court of common pleas in any county, or any inspector, fhall be guilty of any partial, or corrupt, or undue conduct or behaviour in the bufinefs by this act committed to them, and be thereof convicted, he and they, and every of them fo convicted, shall fuffer the fame pains and penalties, as in cafes of wilful and corrupt perjury; and fall, from and after fuch conviction, be u terly disabled and disqualified to hold or enjoy any place or of fice in this flate; any pardon that may be iffued by the perfon adminiftring the government of this fate to the contrary hereof in any wife notwithtanding.

of duty.

XXI. And be it further ena led by the authority aforefaid, Penalty for neglect That if any or either of the faid joint committee, or the chancellor, or any or either of the juftices of the fupreme court, or the mayor, or recorder, or any or either of the aldermen of the city of New-York, or any or either of the fupervifors, or judges, or aflitant juftices of the court of common pleas in any county, or any inspector, the riff, or clerk, fhall wilfully neglect to perform the duties refpectively required of them by this act, or fhall be guilty of any corrupt mifbehaviour, in any matter or thing in or relating to the business committed to them refpectively by this act, and be thereof convicted, he, they and every of them fo offending and convicted, fhall forfeit and pay, for every fuch offence, the fum of two hundred pounds, to be recovered by action of debt, bill, plaint or infor mation, in any court of record; the one moiety thereof to the ufe of any perfon who fhall profecute for the fame, and the other moiety thereof to the ufe of the people of this ftate. And if the profecutor in any fuch fuit fhall prevail, he fhall likewife have judgment for and recover his cofls of fuit against the perfon convicted. But if the perfon fo proceeded againft, fall be acquitted, he fhall recover double cofts against the profecutor; and no procefs fhall iffue to bring in the party accufed, until bond be filed in the office of the clerk of the court out of which fuch process fhall iffue, in the penalty of two hundred pounds, with two fufficient freeholders as fureties,

fuch as the court fhall approve, to fecure the defendant double cofs, to become due on a ditcontinuance, withdrawing of the fuit, or an acquittal, or neglect to bring the fame to trial within five terms after the appearance of the defendant to answer the fame.

XXII. And be it further enacted by the authority aforesaid, That if any perfon fhall be guilty of any diforderly conduct at any fuch election for governor, lieutenant-governor, fenators and members of aflembly, or any of them, or of ufing any indirect, finifter or corrupt means to intuence any elector or electors, in giving in his or their ballots, the major part of the infpectors at fuch election are hereby authorifed, empowered and required to commit the offender to the goal of the county, there to remain committed, for a space not exceeding thirty days; and all fheriffs, under-fheriffs, conftables and goalers, are hereby frictly charged, commanded and required to aid and obey the infpectors herein.

bribery or corruption

XXIII. And be it further enacted by the authority afore Perfons guilty of faid, That whoever fhall, by bribery, menace, or other > forfeit sool. corrupt means or device whatfoever, either directly or indirectly, attempt to influence any free elector of this ftate, in giving his vote or ballot, or deter him from giving the fame, at any election within this flate, and fhall thereof be convicted, fuch perfon fo offending and convicted, fhall forfeit and pay, for every fuch offence, the fum of five hundred pounds, to be fired for and recovered by any perfon, and in the manner, and under the reftrictions above prefcribed, in actions to be brought for neglect of duty, or corrupt mifbehavior; one moiety of which penalty thail be recovered to the ufe of the perfon fuing and profecuting for the fame, and the other moiety thereof to the ufe of the people of this flate: and on such conviction, the perfon convicted fhall thenceforth, and forever thereafter, fland and be utterly difabled, difqualified and incapacitated to hold, exercife or enjoy any office, or place of truft or profit whatsoever, within this ftate.

XXIV. And be it further enabled by the authority aforefa What perfons not That no perfon under the age of twenty-one years, nor qualified to vote. any perfon not a citizen of this flate, or of one of the United States, fhall have a right to vote at any election in this ftare.

gayees in poffeffion, entitled to vote.

occupa

XXV. And be it further enacted by the authority aforefaid, Mortgagors or mort. That every mortgagor, while he continues in the tion of the premises mortgaged, and every mortgagee of a real estate, to him and his heirs, after he obtains poffeffion of the mortgaged premises, and every perfon poffefed of a freehold in right of his wife, fhall be deemed and efteemed a freeholder within the meaning of this act.

qualified to hold any

profir.

XXVI. And be it further enailed by the authority aforefaid, What perfons dif. That all and every perfon and perfons, inhabitant and in-. office of truit or habitants of this flate, who at any time after the ninth day of July, in the year of our Lord one thoufand feven hundred and feventy-fix, and during the late war between the king of GreatBritain and the United States of America, did voluntarily take up arms with the British troops, or with the Indians then at war with this flate, or any of the United States; and every perfon or perfons who did, within the time aforefaid, voluntarily take any commiffion or appointment in the army or navy of the king of Great-Britain, and every perfon and perfons who fhall have acted as captain, lieutenant or mafter of any privateer or privateers, or veffels of war, to cruffe against or commit hoftilities upon the veffels, property

or perfons of any of the citizens of this ftate, or any other of the United States, fhall be, and hereby is and are declared to be, utterly difabled, difqualified and incapacitated to hold, exercise or enjoy a feat in either house of the leg fiature, or any office or place of truft, honor or profit what oever, within this late. Provided always, That nothing in this act contained, fhall be conftrued to disqualify perfons who have not been commiffioned or employed otherwife than as officers of the militia, or in doing militia duty during the time aforefaid. And provided further, That nothing in this act contained, shall be conflrued to difqualify any person who has been naturalized fince the faid ninth day of July, one thousand leven hundred and seven- ̧ ty-fix.

†ift feff. ch. 16. 14th feff. ch. 36.

XXVII. And be it further enacted by the authority aforefaid, That the act, entitled, † An act to regulate elections within this flate; and the fecond fection of the act, entitled, ‡ An act for the better fecuring the independence of this ftate, and to that end requiring all public officers and electors within this flate, to take the test oath therein contained; and the fecond fection of the act entitled, || An act to 7th fefl. ch. 66. preferve the freedom and independence of this flate, and for other purposes therein mentioned; and all laws heretofore made in this ftate, while the fame was the colony of New-York, relating to the election of reprefentatives to fit in general affembly, fhall be, and hereby are repealed.

CHAP. XVI.

An ACT for the more orderly holding of Town-Meetings.

Paffed 4th February, 1787. 1. REit enacted by the people of the fate of New-York, reprefented in fenate i. B and affembly, and it is hereby enacted by the authority of the fame, That for the more orderly holding of town-meetings, it fhall be, and is hereby made the duty of the jullices of the peace, for the time being, to attend at every town, precinct and diftrict meeting, hereafter to be held in and for the town, precinct or district in which they refpectively refide; and that the faid juftices of the peace, or fuch of them as fhall attend at fuch meeting, fhall prefide at and fuperintend the fame, and take care that the bufinefs thereof be orderly and regularly conducted; and fhall, in cafe of difpute, determine who have and who have not a right to vote or be elected at fuch meeting according to law. And if no juttice of the peace fhall refide in the town, precinct or diflrict, at the time of holding fuch meeting, then the clerk of the town, precinct or diftrict, who was elected at the laft preceding meeting, fhall prefide at fuch meeting, and have and exercise all the powers and authorities hereby vefted in the juftices.

II. And be it further en led by the authority aforefaid, That every male perfon, being a citizen of this flate, who fhall be above the age of twentyone years, and fhall have refided in any town, precinct or diflrict, fix months next preceding fuch town, precinct or district meeting, and paid taxes within the fame, or fhall be poffcffed of a freehold, or fhall have rented a tenement of the yearly value of forty fhillings, for the term of one year, within the fame, fhall have a right to vote at fuch meeting, and no other perfon.

III. And be it further enacted by the authority aforesaid, Time, place, and That the first Tuesday in April, in every year hereafter, Chall be the anniversary day of holding town-meetings in the

continuance of town

meeting..