Hamilton county. Inspectors. Ib. Ib. Notice to clerk and 15. Certain persons not to vote. 16. Penalty on inspectors. 17. Voters to be interrogated. $1. The county of Hamilton and the county of Fulton shall jointly elect one member of assembly; and for all the purposes of this act, the county of Hamilton shall be deemed part of the county of Fulton. S2. It shall be lawful for a majority of the inspectors of any election, held in pursuance of this chapter, to execute all the trusts and duties required to be executed by the inspectors of any such election. $ 3. If a majority shall not be present on any day on which an election is held, the inspectors or inspector attending, shall appoint so many electors of the town, ward or district, to act as inspectors, as may be necessary to form a board. S4. The persons so appointed shall take the constitutional oath, and continue to act until a majority of the inspectors shall attend. S5. No notice of an election, nor copy of the governor's first judge. proclamation shall in any case be directed to the clerk of a county, unless the office of sheriff of such county shall then be vacant, nor to the first judge, unless the office of sheriff and clerk shall both be vacant. Accounts. Pay of clerks of the poll. Repeal. Sections applicable. This act to be pub lished in pamphlet form. $ 6. The accounts of the respective clerks of counties for services performed, and expenses incurred by virtue of this chapter, shall be audited, levied and paid in like manner as other contingent charges of such counties. $ 7. The clerks of the polls shall severally be allowed one dollar and twenty-five cents per day for their services under this act. § 8. Chapter six of the first part of the Revised Statutes; the act entitled "An act directing the manner of choosing electors of president and vice-president," passed April 15, 1829; the act entitled, "An act to preserve the purity of elections," passed May 5, 1829; and the eleventh, twelfth, thirteenth, fourteenth and seventeenth sections of the act entitled "An act to preserve the purity of elections," passed May 7, 1839; "An act concerning elections in cities other than New-York," passed May 26, 1841, and all other acts, and parts of acts inconsistent with the provisions of this act are hereby repealed; but such repeal shall not affect any act done or right accrued, or any proceeding, suit or prosecution for any offence, or for the recovery of any penalty or forfeiture. $9. Sections seven, eight, nine and ten, of the act entitled "An act to preserve the purity of elections," passed May 7, 1839, shall be deemed applicable to elections for town officers only. $10. The secretary of state shall cause this act to be published in pamphlet form, and he shall cause such number of copies thereof, with the necessary forms and instructions, as shall be sufficient to supply the several officers upon whom the duty is devolved by this act, and shall cause the same to be distributed to such officers at the expense of the state. TITLE 8. take effect. persons not S 11. This act shall take effect on the first day of June next. When to [The following sections, being parts of ch. 240 of the Laws of 1847, are inserted here for the same reason that the act of 1842, as amended by that of 1847, is inserted.] $ 15. No person shall be permitted to vote at any election, Certain who previous thereto shall have been convicted of bribery or to vote. of any infamous crime, unless he shall have been pardoned and restored to all the rights of a citizen, or who shall make any bet or wager, or be directly or indirectly interested in any bet or wager depending upon the result of any election at which such person may offer to vote. inspectors. S 16. In case any inspector of election shall knowingly and Penalty on wilfully permit or suffer any person to vote at any election who is not entitled to vote thereat, the said inspector so offending shall, on conviction thereof, be adjudged guilty of a misdemeanor, and shall be sentenced to pay a fine of five hundred dollars, and be imprisoned in the county jail for six months. be ques S17. The inspectors of any election in addition to the other Electors to questions to be put to any person offering to vote when chal- tioned. lenged under the act of the legislature of this state passed April 5, 1842, entitled "An act respecting elections for other than militia and town officers," shall interrogate every such person as to his qualifications to vote under the present constitution. TITLE 1. CHAP. VII. Of the Legislature. (Took effect January 1, 1830.) Of the apportionment of the members of the legislature. TITLE 3.— Of applications to the legislature. TITLE 4. TITLE 5. Of the enactment and promulgation of statutes, and of the Of the mode of taking testimony in certain legislative pro- TITLE 6. Of the compensation of the members of the legislature, and TITLE I. OF THE APPORTIONMENT OF THE MEMBERS OF THE LEGISLA TURE. SEC. 1. Four senators to each district; one to be chosen annually. 2. Apportionment of the members of assembly. 3. Rule by which new apportionments are to be made. [150] [151] TITLE 1. SEC. 4. When new apportionments to be made. Senators. Members of 5. Every county to have at least one member. 6. No change to be made of a county that shall deprive it of a member. 7. Population required for a new county. SECTION 1. Each of the senate districts must be represented by four senators, and one senator must be elected annually in each district. S2. The members of the assembly must be chosen by counassembly. ties; and the members of assembly hereafter to be chosen in the several counties of this state, until a new apportionment shall be made, shall be as follows: In the county of Suffolk, two; In the county of Richmond, one; In the city and county of New-York, eleven; In the county of Westchester, three; In the county of Putnam, one; In the county of Duchess, four; In the county of Montgomery, including the county of In the county of Washington, three; In the county of Warren, one; In the county of Essex, one; TITLE & In the county of Onondaga, four; In the county of Cayuga, four; In the county of Seneca, two; In the county of Ontario, three; In the county of Wayne, two; In the county of Yates, one; In the county of Steuben, two; In the county of Livingston, two; In the county of Monroe, three; In the county of Genesee, three; In the county of Orleans, one; In the county of Niagara, one, In the county of Erie, two; In the county of Allegany, one; In the county of Cattaraugus, one; In the county of Chautauque, two. S3. In every new apportionment to be hereafter made of Future ap the members of assembly, they must be apportioned among ments of the several counties of the state, as nearly as may be, according to the numbers of their respective inhabitants, excluding aliens, paupers, and persons of colour not taxed. portion assembly. made. S 4. Such an apportionment must be made by the legisla- When to be ture, at its first session after the return of every enumeration of the inhabitants of the state, made in pursuance of the constitution. ber to each [153] S5. Every county established and separately organized One mem before the tenth day of November, in the year one thousand county. eight hundred and twenty-one, and then being one of the counties of the state, must always be represented by at least one member of the assembly. county. $ 6. No change can be made, that shall have the effect of Change in reducing the number of the inhabitants of any such county, according to the last state census, below the number required to entitle it to a member of the assembly, according to the existing ratio of representation. $7. No new county can be erected, unless its population, New county according to the return of the last state census, shall entitle it to a member. See post, vol. 3, p. 6. TITLE II. OF THE POWERS, DUTIES AND PRIVILEGES, OF THE TWO SEC. 1. Legislature when to assemble. 2. Powers of each house. 3. Journal to be kept. 4. Doors to be kept open. 5. Adjournments. 6. Members privileged from arrest on civil proce33. 7. Privileged in like manner before session, and while going and returning. 8. Further privilege after adjournment. 9. Privilege while absent with leave. 10. Officers in actual attendance privileged from arrest. TITLE 2. Time of meeting. Quorum. &c. Journals. Sittings public. Adjournments. [154] 'Privilege SEC. 11. Members not to be questioned in any other place, for any speech in the house. 12. Each house has power to expel members, and to punish members and officers. 13. Each house has power to punish a breach of its privileges. 14. Imprisonment when ordered by either house, shall not extend beyond same session. 15. Assembly has power of impeaching all civil officers. 16. Clerks of senate and assembly to give bonds. 17. Clerks to prepare indexes to journals, and to furnish to secretary of state copies of concurrent resolutions. $1. The legislature shall assemble at the capitol, in the city of Albany, on the first Tuesday of January, in every year. 7 B., 421. S2. A majority of each house constitutes a quorum to do business. Each house determines the rules of its own proceedings, and is the judge of the qualifications of its own members. $3. Each house is required to keep a journal of its proceedings, and to publish the same, except such parts, as may in its judgment, require secrecy. $4. The doors of each house are to be kept open, except when the public welfare shall require secrecy. S5. Neither house can, without the consent of the other, adjourn for more than two days. S6. Every member of the legislature shall be privileged from arrest. from arrest on civil process, during his attendance at the session of the house to which he shall belong, except on process issued in any suit, brought against him for any forfeiture, misdemeanor, or breach of trust, in any office or place of public trust held by him. Ib. Ib. Ib. Ib., officers. 1 R. L., 122, §§ 1, 3. S 7. Each member shall enjoy the like privilege for the space of fourteen days previous to any such session, and also while going to or returning from such session, provided the time of such going or returning do not exceed fourteen days. 1 R. L., 122, §§ 1, 3. SS. Each member shall enjoy the like privilege after any adjournment of the legislature, until its next meeting, when such adjournment shall not exceed fourteen days. 1 R. L., 122, §§ 1, 3. $9. Each member shall enjoy the like privilege, while absent with leave of the house to which he shall belong. $10. No officer of either house, whilst in actual attendance upon the house, shall be liable to arrest on civil process. Freedom of S 11. For any speech or debate in either house of the legislature, the members shall not be questioned in any other place. debate, Punishment of 1 R. L., 48, § 11. 12. Each house has the power to expel any of its memmembers, bers, and to punish its members and officers for disorderly behaviour, by imprisonment; but no member shall be expelled until the report of a committee, appointed to inquire into the &c. |