THE

POLITICAL CODE

OF THE

STATE OF NEW YORK.

AN ACT

TO ESTABLISH A POLITICAL CODE.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

PRELIMINARY PROVISIONS.

SECTION 1. Title of Code.

2. Division of Code.

3. Sovereignty of state.

4. Who are the people.

5. Who are citizens.

6. Residence and domicil.

7. Domicil, how determined.

8. All persons within the state subject to its jurisdiction.

9. Allegiance.

10. Renouncing allegiance.

11. Persons not citizens.

12. General rights.

13. Eligibility to office.

14. Rights and duties of persons not electors.

15. Of citizens of other states.

16. Of aliens.

17. Transient aliens and citizens of other states, when not

liable to tax.

18. Trade with belligerent state.

19. Other rights not affected by state of war.

Title of
Code.

Division of
Code.

SECTION 1. This act shall be known as the POLITICAL CODE OF THE STATE OF NEW YORK.

§ 2. This Code is divided into four parts:

The FIRST declares what persons compose the people of the state, and the political rights and duties of all persons subject to its jurisdiction;

The SECOND defines the territory of the state and its civil divisions;

The THIRD relates to the general government of the state, the functions of its public officers, its public ways, its general police and civil polity;

The FOURTH relates to the local government of counties, cities, towns and villages.

PART I.

of state.

§ 3. The sovereignty of the state resides in the Sovereignty people thereof; and all writs and processes are issued in their name.

§ 4. The people, as a political body, consist:

1. Of citizens who are electors;

2. Of citizens not electors.

§ 5. The citizens of the state are:

1. All persons born in this state and domiciled within it, except the children of transient aliens and of alien public ministers and consuls;

2. All persons born out of this state who are citizens of the United States and domiciled within this state.

Who are the people.

Who are citizens.

and domicil.

§ 6. Residence may be permanent or tempo- Residence rary. Domicil is the place of permanent residence; the home. There may be a domicil in one place and a residence for a particular purpose in another. For the purposes of jurisdiction a cor

Domicil,

how determined.

All persons

within the

state subject to its jurisdiction.

poration has a residence wherever it has an office or agency for the transaction of business.

§ 7. Every person has, in law, a domicil. In determining the domicil, the following rules are to be observed:

1. It is the place where one remains, when not called elsewhere for labor or other special or temporary purpose, and to which he returns in seasons of repose;

2. There can be only one domicil;

3. A domicil cannot be lost till another is gained;

4. The domicil of the father during his life, and, after his death, the domicil of the mother, while she remains unmarried, is the domicil of the unmarried minor child;

5. The domicil of the husband is the domicil of the wife;

6. The domicil of an unmarried minor who has a parent living cannot be changed by either his own act or that of his guardian;

7. The domicil can be changed only by the union of act and intent.

§ 8. Every natural person while within this state is subject to its jurisdiction and entitled to its protection. Every corporation which has a resi

dence in this state may be sued in the courts of this state, and is subject to the laws of this state in respect to all transactions within the state.

§ 9. Allegiance is the obligation of fidelity and Allegiance. obedience which every citizen owes to the state.

allegiance.

§ 10. Allegiance may be renounced by a formal Renouncing act of renunciation and a change of domicil.

§ 11. Persons in the state, not its citizens, are

either:

1. Citizens of other states, or

2. Aliens.

Persons not citizens.

rights.

§ 12. Besides the political rights and duties General prescribed by the Constitution of the United States and the Constitution of this state, every person within this state has the following legal rights, among others:

1. Exemption from all authority over his person or property but such as is derived from the people of this state through their grant to the United States, by the Constitution of the United States, or through their own constitution and laws;

2. The right to do any act not forbidden by law.

to office.

§ 13. Every elector is eligible to the office for Eligibility which he is an elector, except where otherwise