CHAPTER IV.

Of what does Chapter Fourth treat?

Of the rights of the citizens and inhabitants of the State of New York.

What is the only authority that can be exercised over the inhabitants of this State ?

Such only as is derived from and granted by the people of this State.

How only can a tax, duty, aid, or imposition, be levied upon the people of this State?

Only by a law of the United States, or by the Legislature of this State.

Has every person a right to keep and bear arms?

He has, and this right cannot be infringed.

Can any soldier, in time of peace, be quartered in any house without the consent of the owner?

He cannot, nor in war, but in a manner to be prescribed by law.

How only can a person be disfranchised, or deprived of any right or privilege secured to any other citizen?

Only by a law of the land or the judgment of his peers. Have the people a right to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures?

They have, and this right should never be violated.
When only can a warrant issue?

Only upon probable cause, supported by oath or affirmation.

What shall be described in such warrant ?

The place to be searched, and the person or thing to be

seized.

What right has the accused in all criminal cases?

A right to a speedy and public trial by an impartial

jury.

To what is he entitled?

To be informed of the nature and cause of the accusa

tion against him.

What right has he in respect to the witnesses?

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

Can justice or right be sold to any one, or denied or deferred?
It cannot.

To whom shall writs and process be granted freely and without delay ?

To all persons requiring the same and paying the fees required by law.

Shall an inhabitant of this State be fined or amerced without reasonable cause?

He shall not.

To what shall the fine or amercement be always proportioned ?

To the nature of the offence.

What shall not be required of the accused?

Excessive bail.

What shall not be inflicted ?

Cruel or unusual punishment.

How should all elections be?

They should be free; and no person by violence or otherwise should be disturbed in the free exercise of the right of suffrage.

What right of petition have the inhabitants of this State?

A right to petition the Governor or each house of the Legislature; and they cannot be committed or prosecuted for such petitioning.

CHAPTER V.

Of what does Chapter Fifth treat?

Of the civil officers of the State.

Into how many classes are the civil officers divided?
Four: legislative, executive, judicial, and administrative.
Who are included in the class of legislative officers ?
All the civil officers engaged in making laws.

Who are included in the class of executive officers ?

The Governor, Lieutenant Governor, secretary of state, comptroller, treasurer, attorney general, surveyor general, state printer, private secretary of the Governor, and doorkeeper of the executive chamber.

Who are included in the class of judicial officers ?

The judges and all other officers of court.

Who are included in the class of administrative officers ?

The commissioners, inspectors, and agents of the State government.

Where must commissioners of deeds reside?

In the town or city for which they were appointed.
Where can they exercise the duties of their office?

At any place within the county.

Where must notaries public reside?

Within the county for which they were appointed.
Where can they exercise the duties of their office?

At any place within the State.

Where must circuit judges, supreme court commissioners, masters and examiners in chancery reside?

Within the circuit, district, county or place for which they shall have been appointed.

Where must judges of county courts and recorders of cities reside? Within the county or city for which they shall have been appointed.

Where must justices of the peace reside?

In the town for which they are elected.

How long do masters in chancery hold their office?

Three years.

How are Senators and members of the Assembly chosen?
By the people.

For how long time?

Senators for four years, and members of the Assembly

for one year.

How are Senators chosen?

By districts.

How are the members of the Assembly chosen ?

By counties.

How many Senators are chosen annually in each senatorial district? One.

Each county is entitled to at least what number of members in the Assembly?

To at least one.

Must Senators be freeholders ?

They must.

How often are a Governor and Lieutenant Governor elected?

Once in two years.

What are the qualifications of a master in chancery?

He must be of the degree of counsellor of the supreme court, or of solicitor or counsellor in the court of chancery. How are surrogates and supreme court commissioners appointed? They are nominated by the Governor and appointed by him, with the consent of the Senate.

What are the qualifications of a supreme court commissioner?
He must be counsellor at law of the supreme court.
How are the district attorneys appointed?
By the county courts.

Who only shall be appointed?

A counsellor at law of the supreme court.

If there is no counsellor residing in the county, who may be appointed?

An attorney at law.

How long do district attorneys hold their office?

For three years, unless sooner removed by the court appointing them.

By whom are the register and assistant register appointed?
By the chancellor.

How long do they hold their office?

During the pleasure of the chancellor.

By whom is the State reporter appointed?

By the Lieutenant Governor, the chancellor, and chief

justice.

How long does he hold his office?

During the pleasure of those appointing him.

By whom is the reporter in chancery appointed?

By the chancellor, and holds his office at the will of the chancellor.

How long must a person have been a counsellor at law to be appointed reporter?

Five years.

By whom are counsellors, solicitors, and attorneys appointed? By the several courts of law and equity in which they intend to practise.

By whom shall their license be signed?

By the chancellor, chief justice, or presiding judge of

the court.

How long do they hold their office?

During life, unless removed by the courts appointing them.

Can clerks of courts, sheriffs, and coroners, practise as attorneys ? They cannot.