7Y/E li ESSEX HOUSE LIBRARY. PRESENTED BY I v HANDBOOK REPUBLICAN INSTITUTIONS IN THE UNITED STATES OF AMERICA HANDBOOK OF REPUBLICAN INSTITUTIONS IN THE UNITED STATES OF AMERICA BASKD UPON FEDERAL AND STATE LAWS, AND OTHER RELIABLE SOURCES OP INFORMATION BY DUGALD J. BANNATYNE SCOTCH SOLICITOR, NEW YORK; MEMBER OF THE FACULTY OF PROCURATORS, GLASGOW, SCOTLAND WILLIAM BLACKWOOD AND SONS EDINBURGH AND LONDON NEW YORK : 41-45 BROADWAY MDCOCLXXXVII Entered according to Act of Congress in the year 1887, BY DUGALD J. BANNATVNE. PREFACE. DURING the twenty-two years I have spent in Canada and in the United States, I have frequently heard it said that an immigrant into either of these countries, who brings some capital with him, is not likely to per- manently succeed until he has lost all he brought with him and has started afresh. 'Exceptions prove the rule, of course, it is said. My per- sonal observation and experience tend to corroborate the above saying. But why should this be so ? Every one can theorise, and will probably arrive at a, to him, satisfactory answer. I myself am not prepared to answer the question. As a sportsman, I would say that the new-comer was not in condition to run, and was also too heavily handicapped by carrying too much dead-weight in the shape of ignorance, &c. As a man of business, I would say that the new-comer was too apt to take risks (perhaps tantamount, in the circumstances, to gambling), which the cau- tious man would deem suicidal. As a lawyer, I would say that the new- comer might as well consider the youngest law-apprentice competent to nil the office of the Lord Chancellor, as himself to hold his own in the United States without long years of study of the institutions and laws of the country, and without practical experience and knowledge of the people. I would like to assist my countrymen (English, Irish, and Scotch) in an effort to overcome the dead - weight " ignorance," and now spread before them a banquet of Republican Institutions in the United States of America. It will doubtless seem dry and repulsive to the thoughtless, while the sensible will remember that it took a long time of constant application to learn to read, to write, to sum ; and that the battle of life is one to the death, and requires tools of the keenest edge. " Read, mark, learn, and inwardly digest," are what I would advise. 6 VI PREFACE. There has been no adulteration of the ingredients of the dishes compos- ing the banquet. I may, however, casually remark that some curious discrepancies are occasionally met with in the figures in appropriation Acts, for which the publishers and myself do not wish to be held respon- sible should any appear in the following pages. I abstain from expressing my own personal opinions, and, except to a very limited extent in the Introductory Chapter, do not refer to my individual experiences. DUGALD J. BANNATYNE. ALDRICH COURT, 41-45 BROADWAY, NEW YORK, August 1887. CONTENTS. PAGE Description of the United States flag and seal xix Table of the states and territories, their respective land and water areas, &c. xx INTRODUCTORY CHAPTER. What the work is based on, &c. The power of the United States as a nation, &c The Declaration of Independence still operative .... " Inalienable rights " Their necessary qualification . Articles of Confederation Constitution of the United States . Preponderating influence of smaller states in the United States Senate Table showing qualifications re- quired for suffrage in the several states, &c. ..... Ratio of representation in the House of Representatives to population Duration of Congress, &c. Recent legislation by Congress, not included in the body of this work Extension of free delivery of mails in cities ..... Act as to performance of duties of the President in case of the removal, death, &c., of the President and Vice-President . Act preventing aliens, corpora- tions, &c., acquiring large tracts of lands in the terri- tories Inter-State Commerce Act . Proposed Department of Agricul- ture and Labour, as an execu- tive department, &c. Selection of the State of New York its constitution convention for revising the constitution, &c. What a state constitution is . The amount and quality of work done by state legislatures . PAGE 1 10 The Declaration of Independence was embodied in the first state con- stitutions ..... 12 Continued irritation towards the mother country . . . .12 Little unwritten law in the United States, or states . . . .13 Inalienable rights not always recog- nised .13 Murders and homicides legal exe- cutions lynchings ... 13 Statistics of youthful crimes and criminals . . . 13 Suicides . . . 14 The defective, dependent, and delin- quent classes .... 14 Table showing the population and number of voters in the United States 15 Table showing the places of nativity of foreign-born inhabitants . . 17 Relative ratios of increase of white and coloured population . . 18 Danger to the Republic . . .18 Table showing the occupations of the people 19 Number of immigrants 1880 to 30th June 1886 their origin, &c. . 20 Statistics of illiteracy census of 1880 20 Table showing the number, aged ten and over, unable to "read" and to "write" native and foreign school population and scholars, &c 21 Table of universities and colleges, &c 22 Table of theological seminaries, &c. 23 Table of religious denominations, &c. 24 Table of newspapers and periodicals, &c. , 25 CONTENTS. State courts of record and not of record, &c. ..... 26 United States courts, to be added . 26 Systems of espionage detectives, officials, &c., forgetting decency, &c. , and a very flagrant illustration 27 Great number of place-holders, &c. 29 Smartness of young citizens . . 29 Universal distrust shown by poli- ticians 29 Shown in federal and state legisla- tion 30 Women suffrage in municipal elec- tions in Kansas, &c. ... 30 Political influence, and machines . 30 The new Labour party ... 30 An Act of New Jersey to regulate primary elections in cities . . 30 Religion not quite ignored separa- tion of Church and State . . 31 Atheists rejected as would-be citi- zens ...... 32 Vast amount of legal swearing, &c. 32 Enormous number of persons author- ised to administer oaths, &c. . 32 Perjury 32 Crime not greater among foreign than among native-born inhabit- ants ...... 33 Some peculiar phases of crime . 33 Political parties have no desire to render trickery impossible . . 34 Paper on political reform in New York,* read to the Common- wealth Club .... 34 Applicable to other cities . . 35 Address of the City Chamberlain of New York to the Democratic Club on political reform . . 35 Spirit of laws uncertain ... 35 Justices of the peace liable to be biassed, &c. .... 36 United States justices, &c., appoint- ed for life, &c 36 Necessity for Law and Order Socie- ties, &c 36 Laws, &c., favour offenders more than the law-abiding classes . 36 Evil consequences of seeking the protection of the laws, &c. . 37 Good work done by Christian men and women, &c. .... 37 Socialism, anarchism, &c. . . 37 Perpetual electioneering, &c. . . 37 " One day's news of corruption " . 37 Obstacles in the way of reform, &c. 38 Illustrations ..... 38 No national bankrupt Act . . 41 Objections thereto stated by Chan- cellor Kent ..... 41 Mr Bishop on the legality of prefer- ences to creditors in New York . 41 Collecting judgments difficult, &c. . 41 Mercantile agencies, &c. . . 42 Marriage laws in the several states 43 Divorce laws in the several states . 43 Polygamy and polyandry possible in New York .... 44 28,000 divorces granted annually . 44 Hon. Noah Davis, ex-justice, on ' ' Marriage and Divorce " . .44 No divorces among Roman Catholics 46 Percentage of divorces among adults 46 Appalling state of affairs . . 46 Curiosities in marriages ... 46 A monarchy desired by some citizens 47 Designs of socialists, Knights of Labour, &c. . . 47 Freemasonry 47 Great number of musicians and bauds ..... .47 Merit and demerit of trade-unions cannot be treated of . . .47 The Grand Army of the Republic Association .... 47 Confederate veterans, &c. . . 50 Good traits of the people cannot be treated of 50 Reasons why ordinary travellers' books are misleading ... 50 What citizens have to do and face, &c 51 Impolicy of "cutting" those who overreach, &c. .... 51 Points for the reader's attention . 51 The writer's experience in sundry matters, ..... 51 Message of Governor Hill of New York regarding abuses, state legis- lation, home rule, &c. . . 52 PART I. The Declaration of Independence, in Congress, July 4, 1776 . . 55 The Articles of Confederation, in Congress, July 9, 1778 . . 58 The Constitution of the United States, September 17, 1787, and amendments thereto ... 64 Washington's farewell address, Sep- tember 17, 1796 .... 77 The Congress 88 The Library of Congress . . 93 The President Presidential elections ... 94 Office and compensation . . 96 CONTENTS. Executive Departments ... 97 Department of State . . .100 Department of War . . .102 Department of the Treasury . 104 The Comptrollers . . .108 The Auditors . . . .109 The Treasurer . . . .113 The Register . . . .114 The Commissioner of Customs 115 The Commissioner of Internal Revenue . . . .115 The Comptroller of the Currency 116 The Bureau of Statistics . . 117 The Bureau of the Mint . . 120 Department of Justice . .120 Department of th e Post-Office . 124 Department of the Navy . .128 Department of the Interior . .130 General Land Office . . 130 Commission of Indian Affairs . 131 Commissioner of Pensions . 132 Patent Office . . . .132 Superintendent of Public Docu- ments 134 Returns Office . . . .137 Office of Education . . .137 Office of Commissioner of Rail- roads ..... 137 Bureau of Labour . . .138 Department of Agriculture . . 139 Commissioner of Fish and Fish- eries ..... 144 Public Printing . . . .145 The Judiciary of the United States District Courts .... 151 Judicial Circuits .... 158 Circuit Courts .... 158 Jurisdiction of Circuit Courts . 160 Supreme Court .... 165 Jurisdiction of the Supreme Court 167 Provisions common to more than one court or judge . . . 171 Habeas corpus .... 176 District attorneys, marshals, clerks, deputies, &c. .... 177 Juries ...... 180 Witnesses ..... 181 Procedure ..... 184 Limitations 188 The Court of Claims . . .189 Immigration . . . . .193 Extradition 195 The United States Army . . 197 General staff . . . .197 Staff officers . . 198 Appropriations for pay . . 199 Expenditure, 1886 . . .206 Signal Service .... 207 The United States Military Academy 208 The United States Militia . . 210 The United States Navy . . 214 The United States Naval Academy 225 The Marine Corps . . . .228 The Volunteer Navy . . .229 Pensions 229 The Soldiers' Home . . .230 The National Home for Disabled Volunteer Soldiers . . .232 Government Hospital for the In- sane 233 The Columbia Institution for the Deaf and Dumb . . . .237 National cemeteries . . . 238 The Smithsonian Institution . . 239 Miscellaneous institutions . . 241 United States Civil Service Com- mission ..... 242 Collection of duties . . . 245 Internal revenue .... 251 Banks and bankers, and national banks 262 Gold and silver production and currency ..... 269 Coinage, weights, and measures . 272 Revenue and expenses . . . 275 Bureau of Navigation . . . 278 Commerce and navigation . . 278 Domestic commerce . . . 289 Regulation of fisheries . . . 293 Yachts .... .294 Life-saving Service .... 294 Lighthouses 298 Coast and Geodetic Survey . . 301 Geological Survey .... 303 Division of mining statistics and technology ..... 305 Railroads ..... 305 Telegraphs 308 The Postal Service . . . .310 Foreign relations .... 316 Insurrection ..... 320 Crimes and prisoners . . . 321 Treatment of prisoners . . . 324 Indians ...... 326 Civil rights and citizenship . . 343 General Land Office . . 344 Public lands 346 District of Columbia . . .358 Territories ..... 361 Transformation of a territory into a state .... 367 CONTENTS. PART II. Constitution of the State of New York, in force as at 31st Decem- ber 1886 373 Vote of the people upon the con- stitution and its amendments . 404 Several constitutions of the State of New York 405 How amendments are made . . 406 State boundaries .... 407 State survey 412 Sovereignty and jurisdiction of the state 412 Ceded jurisdiction over parts to the United States . . . .412 The civil divisions of the state 1. Counties Boundaries of New York county 413 Concurrent jurisdiction of coiin- ties over waters . . . 414 Erection of a new county . . 414 Cessions of territory by one to another county . . "415 2. Senate districts . . .416 3. Congressional districts . . 416 4. Towns 416 5. Cities 417 6. General provisions concerning the erection and alteration of counties, cities, villages, towns 417 7. Assembly districts . . .418 8. Judicial districts . . .418 Census ...... 419 Rights of citizens and inhabitants of the state 420 Indians within the state . . . 422 Public officers- Legislative 425 Executive ..... 425 Judicial 425 Administrative .... 427 General provisions . . . 428 Elections Other than for militia and town officers 429 Disqualification of voters . . 429 Absent military voters can vote, &c 429 Qualified voters on Indian lands . 430 No court no suits served on voters, &c. , during elections . 431 General and special elections . 431 Elections in cities wards in- spectors 431 Election in towns districts . 432 Polling-places inspectors of elec- tion clerks of the poll . . 433 Challenging voters at the poll . 433 Ballot-boxespoll-lists . . 434 Maintaining order at the polls, canvassing votes, &c. . . 435 County board of canvassers, pro- ceedings, statements, &c. . 436 County clerk's duties . . . 437 Secretary of state's duties . . 438 Board of state canvassers, pro- ceedings, &c 438 Election of congressional repre- sentatives, &c. .... 439 Election of electors of President and Vice-President, &c. . . 439 Meeting of these electors organ- isation proceedings, &c., of the electoral college . . . 441 Election of United States senators by the legislature . . . 441 Election law offences, &c. . . 442 Miscellaneous provisions as to in- spectors, watchers, &c. . . 442 Watchers challenging voters . 443 Filing, &c. , returns and statements 443 Ballots 443 Supreme court issuing mandamus to compel correction of errors . 444 Board of supervisors of county having 40,000 inhabitants de- cide whether county judge act as surrogate, &c. . . 444 Registry laws Board of registry .... 444 Register of electors making, fil- ing, publishing . . . 445 Correction of register, &c. . . 445 Poll - clerk's entries, challenges, filing poll-list and register, &c. 447 Registers in cities and incorpor- ated villages of 7000 inhabitants 447 Taking census in a particular town in a county having 300,000 inhabitants formation of board of registry, lists of electors, c. 447 Correcting registries officers ne- glecting duties, punishments, &c 449 Board of register in cities having 16,000 inhabitants, election dis- trict officers register pro- ceedings, &c. .... 449 Case of new election district, &c. 450 Voters not on corrected register voting ..... 452 Military code Contents 452 Exemptions from military duty general enrolment . . . 453 CONTENTS. Division districts of the state 455 National Guard . . . 455 State aid for uniforms state is sue of arms and equipments 455 Armoury, drill-room, &c. , provid ed by supervisors, &c. . 456 Service pay during war, &c. 458 County pays in cases of riot, &c. 458 Military fund of regiments, &c. 459 liaising companies, &c., to full strength 459 Calling into active service National Guard and militia provisions for wounded, &c. . . . 459 Calling out to quell riots, &c. provisions for wounded, &c. . 460 President ordering militia drafts for service .... 461 Term of service of non-commis- sioned officers, musicians, and privates ..... 461 Exemption from jury duty, &c. discharges .... 461 Certificate of membership by com- manding officers . . . 462 Organised associations of commis- sioned officers, and of members of troops, batteries, and com- panies ..... 462 Absent members dropped from and restored to rolls . . 462 Recovery of penalties by district attorney ..... 463 Inspectors of rifle practice incor- porated rifle associations ran- ges competitions in marksman- ship state aid "state division prize" "state prize" . . 463 National Rifle Association re- turns, &c. .... 464 State arms, &c., loaned to sheriffs, cities, towns, villages, citizens. 464 Guards on special occasions, for jails, &c., and to enforce court decrees, &c. . ... 464 Bureau of Military Statistics books, records, &c., open to free inspection, &c. . . . 465 County auxiliaries to said bureau 465 Hall of Military Record . . 466 Towns A body corporate . . . 467 When divided or altered, super- visors and overseers of the poor arrange the disposition of town lands or proceeds of sale appor- tioned, &c 467 Personal estate and debts likewise apportioned .... 467 Burial-grounds belong to town where situated . . 468 Gospel and school lots not affected 468 Town officers at annual town meeting 468 Powers of town electors . . 468 Town electors support town poor and raise funds by tax . . 469 Special town meetings to raise funds for schools, or poor to deliberate as to suits, &c. . 469 Civil suits not served on electors on town meeting day . . 469 Justices of the peace to attend and preside at town meetings, &c 469 Town meetings throughout the county fixed by board of super- visors 470 Opening of polls, &c., at town meeting officers elected take and subscribe oath certificate thereof filed, &c., those not doing so held as refusing to serve ..... 470 Certain officers to file written ac- ceptance bonds, &c. . . 471 Constables oath bond, &c. actions against . . . 471 $50 and $10 forfeits for officers refusing to serve . . . 472 Town officers serve one year, justices of the peace four years, &c 472 Justices of the peace give bonds, &c 472 Where no officers elected, justices of the peace appoint ad interim failing which, special town meeting called . . . 473 Resignations accepted by three justices of the peace . . 473 Vacancies filled by special meet- ings, &c 473 Certain vacancies, how filled . 473 Special provisions as to election of town officers in counties having 300,000 inhabitants . 474 Duties of a supervisor . . 475 Duties of a town-clerk . . 476 Duties of fence- viewers, &c. . 476 Duties of board of town auditors, &c 477 Fees paid pound-master, super- visor, and other town officers . 479 Litigation by or against towns, town officers, &c. . . . 479 Town charges .... 479 Money to pay them raised as town taxes .... 479 Miscellaneous provisions num- ber of overseers of the poor highway commissioners, &c. Xll CONTENTS. assessment of damages, when road laid out, &c. . . . 480 Board of supervisors audit such assessment raise the amount as a tax payment . . . 481 Fire-engine, &c., companies ex- emption of members from jury and ordinary militia service . 481 Voting money for town-houses, &c., and raising funds . . 482 Bonded indebtedness annual re- ports thereof .... 482 Houses of detention or lock-ups- funds raised .... 482 Burying-grounds boards of trus- tees 483 City common council, village trus- tees, town supervisors, &c., not to be interested in contracts, &c. 483 Damages by mobs, &c., paid by town, &c., provided, &c. three months' prescription of suits for damages 483 Free public libraries appropria- tions therefor raised, &c. . . 484 Summary investigation of finan- cial affairs on affidavit of twenty- five freeholders . . . 484 Annual list of corporations, &c. , sent by supervisor to state comptroller . . . .484 Borrowing powers, &c., of muni- cipal corporations, &c. . . 484 Judgment debts met by assess- ment, &c. .... 486 Counties, &c. , not to give or loan money or property to individ- ual associations, &c. . . 486 Railroad aid debts railroad com- missioners .... 487 Sinking fund extinguishing, &c. 488 Villages Incorporation of proceedings . 492 Powers 494 Meeting for election of village officers 494 Village officers their respective duties ..... 494 Their necessary qualifications oaths bonds, &c. . . . 495 Qualifications of voters . . 495 Officers appointed by board of trustees 495 Annual election of corporation officers ..... 495 Meetings of board of trustees their powers .... 496 Sidewalks 497 Fire department, &c. . . . 497 Public health health commis- sioners 498 Trustees audit all accounts their annual statement of expendi- tures, and estimates they act as assessors, &c. . . . 498 Poll-tax 499 " Ordinary"and "extraordinary" expenses tax therefor . 499 Highway tax . . . 500 Contracting for water supply, &c 500 President of the village duties 500 Treasurer duties . . 501 Justices of the peace . . 501 Police constable . . . 501 Collector .... 501 Duties of trustees as assessors taxes sales for taxes civil actions, &c 502 Incorporated village is a separate highway district opening of roads taking lands therefor, &c. 503 Village trustees have the powers of town boards at elections, &c. 505 Borrowing money . . . 505 Records of proceedings of boards of trustees .... 505 Annual publication in newspapers of statements of receipts and expenditures .... 506 Vagrants, disorderly persons, &c. 506 Assessments are liens on lands . 507 Resignations of officers no com- pensation paid president and trustees returns of inspectors of election recorded . . . 507 Extending boundaries . . . 507 Purchase of lands for burying- grounds, &c 507 Water commissioners organising boards 507 Their powers and duties purchas- ing lands borrowing money contracts water rents sink- ing fund taxing for deficien- cies by-laws, &c. . . . 508 Police justice in villages of 3000 inhabitants, &c. . . . 509 Police justice his election jur- isdiction term of office fill- ing vacancies record of com- plaints report of fines, &c. . 509 Cities General provisions firemen credited with time of service election of mayors, &c. com- mittees of common council powers of chairman subpoena- ing witnesses, &c. . . .511 Removal of burying-ground . 512 Police department special pa- trol-men in pay of telegraph company, &c 512 CONTENTS. Xlll Counties Each a body corporate powers . 513 Division or alteration . . . 513 Annual meeting of supervisors of cities and towns as a board powers, &c. .... 514 Clerk of board his general duties - &c 514 Penalty for supervisors refusing or neglecting to perform duties 514 Taxes levied and collected appor- tioned among towns and wards 514 Boards of supervisors can divide or alter bounds of towns, erect new towns, &c. filing and pub- lishing maps, &c. . . .514 First annual town meeting, &c. . 515 Additional powers under Acts 515 Exercising powers . . . 51o Changing location of court houses, &c. can expend only one-half of 1 per cent upon last assess- ment roll, and borrow not over one-half of 1 per cent . . 516 Loans to towns or counties from common school fund . . 517 Bonded indebtedness treatment when town altered or newly erected 517 Subpoenas, &c., issued by chair- man of board of supervisors, or of a committee duty of sheriff or constable contempt . . 517 Board can authorise a supervisor with certain consents to borrow for roads or bridges one-half of 1 per cent contracts, &c. . 518 Raising money for soldiers' monu- ments ..... 519 Excepting New York and Kings, two-thirds vote of all members of the board legalise informal acts of towns in raising money, provided, &c 519 Board audits accounts of county officers, &c 520 Making roads, &c. borrowing money therefor, &c., in Queen's County 520 Certificates of indebtedness by clerks of counties . . . 520 Contracting for support of pris- oners on civil process . . 520 Further powers conferred . . 520 Acts, under resolution duly en- tered in minutes and published 523 Compensation of supervisors . 524 Copy of proceedings transmitted to state library at Albany . 524 Special provisions as to Chautau- qua . . . . . . 524 In counties of over 300,000 acres of unoccupied and unimproved forest lands, separate highway districts, &c. .... 524 County treasurer his duties, &c. 524 Chamberlain of New York city and county is the treasurer . 525 Clerks of counties their duties, &c 526 In New York city and county the register and county clerk, and all other county clerks, keep a register of fees, &c. , and make semi-annual statements and re- ports 527 Sheriffs and coroners their duties, &c 528 Surrogates, their duties, &c. . 530 District attorneys, their duties, &c. 531 Legal proceedings in favour of and against counties . . 532 Miscellaneous and special provi- sions ..... 533 County charges .... 533 Board of supervisors audit these before payment, and provide, in advance, moneys for the treas- urer to pay .... 534 Health commissioner repays to Richmond county expenses in- curred when non-citizens, con- tributors to the marine hospital, commit crime, &c., on quaran- tine ground .... 534 Officers receiving fines, &c. , report annually to board of supervisors 534 Taxation- Property exempt .... 535 Plan and manner of assessing . 536 Collector pays moneys collected under warrant by boards of su- pervisors, &c. .... 538 State board of equalisation organ- isation, duties, &c. . . . 538 State taxes assessed by supervis- ors, &c 539 Appeals by supervisors of towns, &c., to state assessors, &c. . 539 Correction of assessment of a town, &c 540 Where farm lies in two or more counties, &c 540 Where an individual's premises wrongfully assessed, &c. . . 540 Writs ofcertiorari allowed, &c. . 540 Public health- Quarantine in and for the port of New York, &c. ... 541 Health officer, quarantine commis- sioners, &c. .... 542 Powers of commissioners, &c. . 543 XIV CONTENTS. Health regulations in other ports 543 Boards of health in cities other than New York, &c., appointed by common council, &c., organ- isation ..... 543 Boards of health appointed by in- corporated village trustees, or- ganisation .... 543 Boards of health for towns, organ- isation ..... 543 State board of health may inter- fere, &c. ..... 543 Filling of vacancies, meetings, duties, jurisdictions, powers, &c 543 Duties of boards of health to su- pervise and complete registra- tion of births, &c. town-clerks and registering clerks to keep the records .... 544 Exclusion from common schools of children and persons not vac- cinated 545 State commissioners of health, ap- pointed by governor . . . 545 State board of health organisa- tion, meetings, president, sec- retary, &c. .... 545 Duties of state board . . . 546 Supervision of state system of re- gistration of births, &c., its secretary being superintendent of registration of vital statistics of the state, &c. 546 Transfer burial permits issued . 546 Representatives of city, &c., boards allowed at meetings of state board, &c 546 Reports by state board . . 547 Seats for females in stores, &c. . 547 Doctors, surgeons, dentists, &c., regulations and statutes . . 547 Common Schools Revenues common school liter- ature United States deposit funds, &c 547 Institutions included under pub- lic instruction .... 549 Chap. 555, laws of 1864, funda- mental law .... 549 State superintendent of public in- struction his deputy, &c. . 549 School commissioners . . . 549 County tax of 1J millions . . 549 Comptroller may withhold pay- ment of school money . . 549 Payments by the superintendent, &c 550 Qualified school districts entitled to school money . . . 550 Apportionment of shares, &c. . 551 Division of state and other school moneys 551 Duties of supervisors . . . 552 Duties of town clerks . . . 552 Duties of school commissioners . 552 Qualifications of voters at neigh- bourhood or district school meetings 553 Their powers at such neighbour- hood and district meetings . 553 Qualifications of district and neigh- bourhood school officers . . 554 Their terms of office vacancies, &c 554 In districts with 300 school chil- dren officers elected by ballot, &c. 555 Free to children between five and twenty-one years . . . 555 Non-residents Indian children . 555 Qualified teachers . . . 555 Annual reports by trustees of a district ..... 555 School district taxes apportioned on real estate, &c. . . . 555 Union free schools formation, boards of education, &c. . . 556 Such boards are bodies corporate organisation, &c. . . . 557 Money for such schools raised by taxation of a majority, &c. . 558 Powers of such boards . . 558 Can make an academy the aca- demical department . . . 558 Members can be removed for cause ..... 558 $125,000 levied annually for aca- demies, &c. , and distributed . 558 Common school scholars can stand academic examinations, &c 558 Free instruction for certificated scholars ..... 558 Dissolution of union free school districts, &c 559 Separate schools for coloured chil- dren under law of 1864 . . 559 Teachers' institutes in commis- sioners' districts, &c. . . 560 Appeals to the superintendent of public instruction, &c. . . 560 Deaf and dumb in towns reported by overseers of the poor, &c. . 560 Schools of incorporated orphan asylum societies, &c. . . 561 Indian children schools, &c. . 561 The trustees of the " Gospel and school lot," &c. . . . 561 Then- powers besides ordinary corporation powers . . . 561 Idle and truant children treat- ment, &c. . . . . 562 CONTENTS. XV Enforced instruction of children by parents at home or at school ages terms of instruction, &c 562 Nautical school in New York harbour, &c 563 Freehand drawing to be taught . 563 The Board of Education in the city of New York Grammar, primary, and evening schools 563 Board consists of, &c. . . . 564 Division of city into districts commissioners, inspectors, trus- tees, &c 564 Powers of board .... 564 Duties of board .... 564 Title of property vested in the mayor, aldermen, &c. . . 565 Duties of commissioners . . 565 Duties of inspectors . . . 566 Duties of trustees . . . 566 Expenses certified by trustees, audited by inspector, &c. ward - school officers procure schoolhouse, &c. . . . 567 Board of trustees can remove teachers other than, &c. . . 567 City superintendent subject to state superintendent, &c. re- ports, &c. .... 567 Duties of city superintendent . 567 Superintendent of school build- ings removal of teachers re- sidence of school officers, &c. . 568 City children between five and twenty-one years attend, &c. . 568 Common schools, " ward schools," " ward primaries," grammar, primary, and evening schools . 568 The College of the city of New York, formerly the Free Academy A body corporate organisation revenues gratuitous education to pupils in city and county common schools degrees re- ports to the city and university authorities, &c. . . . 568 Miscellaneous The Holy Scriptures not neces- sarily excluded . . . 569 Schools in New York city under supervision of the Board of Education, &c. . . . 569 Nautical school in the City of New York The executive committee for the nautical school Chamber of Commerce committee as a council reports . . . 569 Hebrew Orphan Asylum . . 570 Instruction in physiology and hy- giene alcoholic drinks, &c. . 570 Separate coloured schools abolished by Act of 1884 . . . .570 Schools in New York city in 1885 number 571 Sixteen others reported by the Board of Education . . .571 Total money drawn for public in- struction in 1885 . . . 571 The University of the State of New York- Incorporated as "The Regents of the University of the State of New York " organisation, &c. 571 Regents visit and inspect all col- leges, &c. .... 572 Degrees, &c 572 Examinations for those who ap- pear conferring degrees not conferred by colleges . . 572 Regents appoint college princi- pals after certain time . . 573 Control income of literature fund divide it into eight parts and distribute it, &c. . . . 573 Seminaries report annually, &c. . 573 Regents report annually to the legislature .... 573 They prescribe forms of returns from colleges, &c. . . . 574 Grant charters for colleges, &c. . 574 Chartered colleges Trustees are a corporation or- ganisation, &c. . . . 574 Powers of college trustees . . 574 Diplomas ..... 575 Founding colleges under laws of 1813 575 Columbia College in New York city 575 Union College at Schenectady . 576 College of Physicians and Sur- geons in New York city . . 577 Appointment of presidents of academies .... 577 Colleges for agricultural and me- chanical arts public lands donated by Congress, &c. . 577 People's College at Havana, in the county of Schuyler regents pay remainder of income not appropriated to the People's College to such colleges, &c. . 578 Cornell University . . . 579 Academies Incorporation organisation . 581 General powers and privileges of trustees meetings - non-at- tendance by trustees may be held as resignation, &c. . . 582 Annual reports, &c. . . . 583 XVI CONTENTS. Qualifications, &c., of trustees, &c 583 Incorporation of universities by re- gents, &c 583 Medical or surgical schools founded, &c., by citizens, &c. . . 584 Degrees of M.D., &c. . . .584 Lancaster or Bell schools . . 585 Normal schools Various local normal and training schools under special local Acts 585 Purpose of normal schools or- ganisation .... 585 State normal school in Albany . 586 Education of Indian youth in state normal school .... 586 County, city, village, &c. , normal schools ..... 586 Local boards of managers . . 588 Appropriation from income of deposit or literature funds, &c. Act of 1853 . . . .588 Appropriation from income of United States deposit fund general provisions, &c. Act of 1877 -589 The New York Agricultural Ex- periment Station Purpose organisation, &c. . . 589 Agricultural societies Formation restriction in number presidents ex officio . . 590 Members of the New York State Agricultural Society . . 590 Duty of the State Agricultural Society 590 American Institute . . . 590 Support of the poor Definition of the poor . . . 591 Superintendents overseers . 591 Superintendents of the poor of the county form a corporation their powers . . . 591 County poorhouses, &c. . . 592 Where the supervisors abolish distinction between town and county poor, and where the distinction exists . . . 593 When settlements are acquired by minors .... 593 What residence does not consti- tute a settlement . . . 593 When poor to be supported . 593 Overseers contesting settlement county superintendent's deci- sion final 594 Support of poor not charged to county without sanction of the superintendents . . . 594 Town overseers claiming poor per- son is a county charge deci- sion of board of county superin- tendents final .... 594 Permanent and temporary relief removal, &c. .... 594 Where no county poorhouse, &c. 595 Where towns support their poor, county treasurer opens separate accounts, &c 596 Books of overseers audited by town auditors .... 596 Where town supports poor, over- seers' accounts exhibited at an- nual town meetings, &c. their books laid before common coun- cils in certain cities . . . 596 Charges of overseers and justices of the peace audited, &c. . . 596 Property of poorhouses, &c., not taxed keepers exempt from jury and militia service . . 596 Moneys raised for poor controlled by overseers, &c. . . . 596 Annual reports .... 597 Education of paupers between five and sixteen years of age, &c. . 598 Compromising with putative fath- ers of bastards .... 598 Placing children in orphan asy- lums, &c 598 Records kept by orphan asylums, &c 598 Only idiotic, &c., children under sixteen committed to poor- houses, &c 598 Interment of honourably dis- charged soldiers, &c. . . 599 When wife and children, or chil- dren deserted and destitute, &c. 599 The, state board of charities Organisation, &c. powers and duties of the commissioners . 600 The state commissioner in lunacy Appointment, &c. duties and powers, &c. .... 601 The state poor State almshouses, &c. state poor, &c 602 Orphan asylums, &c. Powers to bind out orphan and indigent children reports . 603 State benevolent institutions . . 604 Insane persons Commitment to asylums, &c., &c. 604 Habitual drunkards Notice to merchants, &c., not to give or sell spirituous liquors, &c. ...... 605 Disorderly persons Who are 606 Tramps Who are, &c. . . . . 606 CONTENTS. Marriage Civil contract when incestuous absolutely void after five years' desertion, &c. . . 606 Who can perform ceremony, &c. inquiries to be made by min- ister or magistrate certificates registration .... 607 Special provisions for Quakers and Jews 608 When woman can get marriage declared void, &c. . . . 608 When either party can . . 608 Divorce- When obtainable for adultery . 609 When not obtainable by plaintiff 609 Legitimacy of children dower right to marry again . . 609 Separation Causes for action . . .610 When action may be maintained 610 Plea of justification . . . 610 Married women's rights Her rights, &c. .... 610 Dower courtesy . . .611 Adoption Definition parties consenting proceedings the adopted takes the name of person adopting no right of inheritance, &c. . 612 Descent To whom guardianship of infant belongs aliens intestate's real estate descends to some rules and regulations . . .612 Distribution What the intestate's estate is how distributed . . . 614 Public administrators In New York city and county when he acts when superseded reports deaths and burials . 615 In King's county powers, &c. . 616 In the other counties the county treasurer acts in what cases . 616 Mechanics' liens General rules, &c. . . . 617 Chattel mortgages General rules, &c. . . . 617 Judgments A lien upon real estate when dock- eted personal property exe- cution within five years, &c. . 617 Property exempt from levy and sale Householder's exempt property . 618 Additional of householder or of person with a family to provide for, except, &c. . . . 618 Women's exempt property . . 618 Non-commissioned officers', &c., pay, &c 618 Family burying-ground, provided, &c 619 Property in trust . . .619 Earnings within sixty days needed for family . . . .619 Homesteads of not over 1000 value designated married women's exemption contin- ues until ceases mortgages, &c 619 Usury Legal rate of interest, &c. . . 620 Corporations How formed " domestic," "for- eign" immense variety of . 620 Purposes of " charitable, &c. corporations" " religious cor- porations " . . . .621 Game and fish protection Protectors powers and duties . 622 State Commission of fisheries Commissioners duties reports, &c 622 Dogs Taxes, how disposed of . . 622 Surplus dog fund how applied, &c. damages for killed and injured sheep fixed by fence- viewers how paid . . . 623 Immigrants- Numerous acts Castle Garden . 623 Commissioners of emigration inspection of persons and effects to discover habitual criminals, pauper lunatics, &c. diseases, &c. disposal of such persons and effects, &c. Act of 1881 imposing $1 tax on alien pas- sengers unconstitutional . . 624 FLAG AND SEAL. FLAG AND SEAL. THE flag of the United States shall be thirteen horizontal stripes, alternate red and white ; and the union of the flag shall be thirty- seven stars, white in a blue field. On the admission of a new state into the Union, one star shall be added to the Union of the flag ; and such addition shall take effect on the fourth day of July then next succeeding such admission. The seal heretofore used by the United States in Congress assembled is declared to be the seal of the United States. The Secretary of State shall keep such seal, and shall make out and re- cord, and shall affix the same to, all civil commissions for officers of the United States, to be appointed by the President by and with the advice and consent of the Senate, or by the President alone. But the said seal shall not be affixed to any commission before the same has been signed by the Presi- dent of the United States, nor to any other instrument, without the special warrant of the President therefor. Revised Statutes of the United States, sections 1791-94, both inclusive. STATES AND TERRITORIES OF THE UNITED STATES OF AMERICA. NAMES. Dates of Admission of States or of Organisa- tion of Territories under Area in Square Miles. the Constitution of 17th September 1787. Land. Water. The Original States. 1. Delaware 7th December 1787 1,960 90 2. Pennsylvania . .... 12th i, 41,985 230 3. New Jersey 18th it 7,455 360 4. Georgia 2d January 1788 58,980 495 5. Connecticut 9th .. n 4,845 145 6. Massachusetts 6th February n 8,040 275 7. Maryland 28th April ,, 9,860 2,350 8. South Carolina 23d May ,, 30,170 400 9. New Hampshire ... 21st June n 9,005 300 10. Virginia 26th ii n 40,125 2,325 11. New York 26th July M 47,620 ' 1,550 12. North Carolina *21st November 1789 48,580 3,670 13. Rhode Island *29th May 1790 1,085 165 The District of Columbia, where the seat of Government is ... 1789 60 10 Admitted States. 14. Vermont 1791 9,135 430 15. Kentucky (from Virginia) 1792 40,000 400 16. Tennessee (from North Carolina) . 1796 41,750 300 17. Ohio . . 1802 40,760 300 18. Louisiana (bought from France in 1803) 1812 45,420 3,300 19. Indiana 1816 35,910 410 20. Mississippi (from Georgia) . 1817 46,340 470 21 Illinois . . . ~ . 1818 56,000 650 22. Alabama (from Georgia) 1819 51,540 710 23. Maine (from Massachusetts) 1820 29,895 3,145 24. Missouri (from Louisiana) . 1821 68,785 680 25. Arkansas ... ... 1836 53,045 805 26. Michigan 1837 57,430 1,485 27. Florida (ceded by Spain) 1845 54,240 4,440 28. Texas 1845 262,290 3,490 29. Iowa 1846 55,475 550 30. Wisconsin 1848 54,450 1,390 31. California .. 1850 155,980 805 32. Minnesota 1858 79,205 4,160 33. Kansas 1859 55,475 550 34. Oregon 1861 94,560 1,470 35. West Virginia (from Virginia) 1863 24,645 135 36. Nevada 1864 109,740 960 37. Nebraska 1867 76,183 670 38. Colorado 1876 103,645 280 Territories. 1. New Mexico 1850 122,460 120 2. Utah 1650 i 82,190 2,780 3. Washington 1853 66,880 2,300 4 Dakota . . 1861 147,700 1,400 5. Arizona . 1863 119.920 100 6 Idaho ....... 1863 84,290 510 7. Montana 1864 145,310 770 8. Alaska (purchased from Russia) 1867 577,3901 1868 97.575 315 3,455,383 52,645 * The President informed Congress on 28th January 1790 that North Carolina had ratified the Constitution, and on 1st June 1790 that Rhode Island had ratified it. t Land and water areas not separated. Note. To the areas above stated have to be added the Indian territory, containing 64,094 sq. miles of land and 600 sq. miles of water; unorganised territory, 5,740 sq. miles of land ; Dela- ware Bay, 620 sq. miles of water ; Raritan Bay and Lower New York Bay, 100 sq. miles of EEPUBLICAN INSTITUTIONS IN THE UNITED STATES. INTRODUCTORY CHAPTER. THIS work, founded upon the statute law of the United States, and of the several states of the Union the State of New York being especially treated as illustrative of the others does not claim originality, and does not pretend to literary style. The words of the statutes are adopted as much as possible ; and where other sources of information are tapped, as the President's annual message to Congress, reports of heads of depart- ments, newspapers, &c. , the same are quoted or closely followed. Though closely allied to a law-book, it is by no means one upon which a lawyer should build a house. It does not give all the law only so much as seems necessary to afford an intelli- gent reader, who can apply his mind to such hard reading, a thorough in- sight into the machinery of repub- lican institutions in operation in the United States of America, and in the states and territories composing these United States, now the most power- ful nation on the face of the earth, because it has ample population, de- veloped and inexhaustible resources, the needful capital, and brains, and energy, and skill, and adhesion, to be unconquerable by any combination of uncivilised, or civilised, or mixed nations. It has all the needed re- sources within its own territory to subsist, independent of importations ; to carry on, at the least, a defensive war for an indefinite period, certainly long enough to exhaust all other nations ; and the indomitable energy of its people would enable it to be- come aggressive, as a second wind, in the exhausting war-struggle. The blockade of its seaports, the destruc- tion of New York, Boston, and other seaboard cities, would be cruel blows, but would not be fatal to the life of the nation. The young giant among nations is semi - conscious of his strength, but the time has not yet DECLARATION OF INDEPENDENCE MUST BE QUALIFIED. come to overshadow the world. The foster-mother, Europe, still gives him in abundance the rich warm milk of her bosom ; his bones are knitting firmer in fibre, and growing in size ; his muscles are hardening with development and exercise ; his blood is assuming a distinctive con- glomeration ; his nerves are well strung and sensitive ; his brain is original and vigorous. Is this con- glomerate nation to spread over all North America, and to domineer over all other nations ? It seems unnat- ural. It is impossible to predict what manner of nation, or nations, shall inhabit North America in the year 2000. One century ago the citizens of the United States were of a different type to what they are now ; and it may reasonably be as- sumed that there will be at least as great a change during the coming century. The refrain has hitherto run through the march of time, and may possibly continue for ages. The Declaration of Independence of July 4, 1776, is operative to-day. It forms a part of the state system of govern- ment ; it is incorporated into the constitution and accepted by the citizens of each state admitted into the Union. It was the conception of the thirteen revolted colonies, and continues the backbone of each state, as the reader can see by turn- ing to that part of this work describ- ing the transformation of a territory into a state. There is nothing mean in the decla- rations "that all men are created equal ; that they are endowed, by their Creator, with certain unalien- able rights ; that among these are life, liberty, and the pursuit of hap- piness." The Bible and nature sat- isfy us that we do not bring ready- made garments from another world, or gold or silver, or anything, with us from the wombs of our respective mothers. It is true that, without life, liberty and the pursuit of happi- ness are, at least in this world, of no importance to the deceased ; so that, not granted life, liberty and the pur- suit of happiness are of no practical account. The terms "liberty" and "pursuit of happiness" are descrip- tive terms, whose definitions vary according to the ideas of each indi- vidual. In point of fact, complete liberty is a monopoly inconsistent with intercourse between men, or men and animate or inanimate crea- tion. The elements even resist man and qualify his liberty. The fate of mankind is well described in the third chapter of Genesis. The Lord God said unto the woman, " I will greatly multiply thy sorrow and thy conception : in sorrow thou shalt bring forth children ; and thy desire shall be to thy husband, and he shall rule over thee. And unto Adam he said, Because thou hast hearkened unto the voice of thy wife, and hast eaten of the tree, of which I com- manded thee, saying, Thou shalt not eat of it : cursed is the ground for thy sake ; in toil shalt thou eat of it all the days of thy life : thorns also and thistles shall it bring forth to thee ; and thou shalt eat the herb of the field. In the sweat of thy face shalt thou eat bread, till thou return unto the ground ; for out of it wast thou taken : for dust thou art, and unto dust shalt thou return." These words are as apt to the citizens of the United States as to any other people upon earth. The daughters of Eve have not unqualified liberty. The sons of Adam eat in toil all the days of their lives eat the herbs of the field, in the sweat of their faces eat bread, without rest until as dust they return to dust from which they are. It is not the pursuit of happi- ness, but the doing of the will of God with the least possible friction, under all circumstances, which is the duty of man, and which is the right REJECTION OF FEUDALISM, LAWS OF PRIMOGENITURE, ETC. of man. The happiness, or so-called happiness, of a base nature is very different from the happiness of a son of God. The unqualified use of the terms "liberty" and "pursuit of happiness " is mere clap-trap in the Declaration of Independence. The enumeration of the "repeated injuries and usurpations, all having in direct object the establishment of an absol- ute tyranny over these states," at this date, strikes the calm mind as exhibiting a good deal of irritation and partisanship, which requires ton- ing down in order to form a judicial decision as to the merits of the mis- understanding, or unpleasantness, be- tween the colonies and the mother country. There are always two sides to a question, and that the colonies were successful in gaining their inde- pendence is neither here nor there in absolving them entirely from blame. In point of fact, there was justice upon each side, and fault upon both. It ought now to be a matter of no mo- ment upon which side was the greater fault. The sun has gone down about forty thousand times since the colonies became the United States of America, and peace with the mother country was restored. The separation had to come sooner or later. The laws of nature decreed it ; and nature has consistently shown that what is good for one (be it an individual or a na- tion) may not be good for all. The genius of a nation is formed by na- ture, according to circumstances, but consistent with nature ; and the genius of each nation differs more or less from that of every other nation. It happened, fortunately for the United States, that it was in the power of the framers of the Consti- tution to banish and to prevent the importation, or the adoption, of prominent relics of a barbarous age. Feudalism was justly decreed a bar- barity ; and the favouring of the first son, as part of it, or as infring- ing the declaration that "all men are created equal," ceased. By the Articles of Confederation, July 9, 1778 paupers, vagabonds, and fugi- tives from justice excepted the free inhabitants of each of the states were entitled to all privileges and immunities of free citizens in the several states, and the people of each state had free ingress and re- gress to and from any other state, and enjoyed therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively, provided that such re- strictions did not extend so far as to prevent the removal of property im- ported into any state to any other state of which the owner was an in- habitant ; provided, also, that no imposition, duties, or restrictions were laid by any state on the pro- perty of the United States, or either of them. Canada, upon acceding to this confederation of the thirteen revolted colonies, and joining in the measures of the United States, was to be admitted into and entitled to all the advantages of this union. These articles did not contain any prohibition of titles, and it was, not- withstanding the Declaration of In- dependence of 1776, not so impossible that a monarchy might not have been established, or a reconciliation with the mother country brought about. The establishment of a republican form of government was not then irrevocably decided upon. But the republican ideas grew with the cir- cumstances, and developed into the Constitution of the United States of September 17, 1787, which began with this preamble, " We, the People of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to our- REPUBLICAN GOVERNMENT GUARANTEED. selves and our posterity, do ordain and establish this Constitution for the United States of America." This Constitution does not contain any declarations as to all men being created equal, or as to the inalien- able rights, among them those of life, liberty, and the pursuit of happiness, because it properly fell to the several state constitutions to embody them. But by Art. I., sec. xi., clause 7, ' ' No title of nobility shall be granted by the United States, and no person holding any office of profit or trust under them shall, without the con- sent 1 of the Congress, accept of any present, emolument, office, or title of any kind whatever from any king, prince, or foreign state." This pro- vision was intended to be, and has proved, an effectual barrier to the vaulting ambition of little earthly minds, who hold that man can ennoble blood which God has ordained is, and shall for ever be, in His sight equal ; and it prevents the injustice done to unborn generations by the creation of a privileged class by right of birth alone, and a consequently degraded class, also by right of birth alone both the work of usurpers of God's inalienable rights. Art. IV., sec. ii., clause 1, provides that "The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states " ; and sec. iv., that "The United States shall guarantee to every state in this union a republican form of govern- ment, and shall protect each of them against invasion, and on application of the legislature, or of the executive when the legislature cannot be con- vened, against domestic violence." When the Constitution of the United States was being framed by the representatives of the several states in convention, very great diffi- culty was experienced in bringing about the compromise agreement afterwards adopted as the Consti- tution. Each of the thirteen states was determined to maintain its in- dividuality, and when the num- ber of representatives in Congress was agreed to be in proportion to population, as from time to time fixed by the United States census, the number not to exceed one to every 30,000, but each state to have one representative, it was, in order that the smaller states should not be swamped by the larger but have an equal voice in the senate, agreed that the Senate of the United States should be composed of two senators from each state, chosen by the legis- latures of the respective states for six years ; and each senator should have one vote. This was at the time a perfectly proper compromise. But at the present day it does seem strange that Rhode Island, with a land area of 1085 square miles, and a population of 276,531 at the last census, taken in 1 880 ; Delaware, with 1960 square miles, and 146,608 in- habitants, or that these two and the six states, Connecticut, Mary- land, Massachusetts, New Hamp- shire, New Jersey, and Vermont (not one of which has 10,000 square miles of land), with an aggregate area of 51,385 square miles, and a total population of 5,574,250, should have sixteen of the seventy-six or more than one-fifth of the whole senatorial votes in Congress. The total population of the United States, according to the census, was in 1880, 50,155,783; and the aggregate area of all the states and territories, about 3,525,217 square miles of land (in- clusive of Indian territory). New York had 5,082,871 inhabitants, with 47,620 square miles ; Illinois had 3,077,871 inhabitants,, with 58,000 square miles ; Missouri, 2,168,380 in- habitants, with 68,735 square miles; California, 864,694 inhabitants, with 155,980 square miles. Year by year this disproportion of influence in the REQUIRED QUALIFICATIONS OF VOTERS IN THE SEVERAL STATES. United States Senate is increasing, and thus the necessity for a new dis- tribution of state, representation in the United States Senate has to be looked in the face and provided for. A civil war, or other unpleasantness, may be obviated by voluntary sur- render, and an amicable arrange- ment under Art. IV., sec. in. , clause 1, which provides that "new states may be admitted by the Congress into the Union ; but no new state shall be formed or erected within the jurisdiction of any other state ; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned, as well as of the Congress. " Hither- to no state has been absorbed by another state. There seems good reason to suppose that this weak point, now rapidly developing, will sooner or later cause trouble. The qualifications required of vo- ters in the several states vary, and the attention of the reader is direct- ed to the accompanying statement, taken from the American Alman- ac for 1886, edited by Ainsworth E,. Spofford, Esq., Librarian of Con- gress. [TABLE. 6 REQUIRED QUALIFICATIONS OF VOTERS IN THE SEVERAL STATES. _g o g o X T3 -3 of "5 oT oTri oT oT s 3'S w "S W V J3 fltHi i J 5 oTr^l -2 T3 5 H T ^-l^-H^SSrrtr^^j I*MS! IS^P 11 ! 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The ratio of representation in the House of Representatives was by the Constitution one to every 30,000, and has been changed after each cen- sus thus in 1792, to one in 33,000 ; in 1803, one in 33,000 ; in 1813, one in 35,000; in 1823, one in 40,000; in 1833, one in 47,700 ; in 1843, one in 70,680 ; in 1853, one in 93,423 ; in 1863, one in 127,381 ; in 1873, one in 131,425; and in 1883, one in 151,912. Each Congress lasts two years, and has two regular sessions each be- ginning upon the first Monday in December. Extra sessions may be held should the President so deter- mine. Although there may be a great deal of unnecessary talk, the amount of business, of one kind or another, done is enormous, and it is yearly on the increase. The 49th Congress, which commenced its first session on 4th December 1885, sat until 5th August 1886 ; and its second session began 6th December, and lasted un- til noon of 4th March 1887. The total number of days the Senate sat in session was 224, and the House of Representatives 25 1 days. During this time 11,238 bills and 263 joint reso- lutions were introduced in the House, and over 5000 reports thereon were made ; 3357 bills and 118 joint resolu- tions were introduced into the Senate, on which 1988 written reports were made. This record of work was greatly in excess of the record of any previous year. About 1431 laws were passed, of which 338 originated in the Senate and 1093 in the House. Of these, 264 became law by the ex- piration of the constitutional ten days' limitation. Fifty bills did not be- come law, owing to the adjournment of Congress; 132 bills were vetoed by the President ; and it is note- worthy that the whole number of previous vetoes, from the beginning of the first Congress to the beginning of this 49th Congress, was 111 an indication of the change in the people of the United States. Ninety-three vetoed bills originated in the House, and 39 in the Senate. Two bills one private and the other public were passed by a two-thirds vote over the President's veto, and became law ; while several others passed the Senate by a two-thirds vote, but failed in the House. In treating of the Federal Govern- ment in the first part of this work, the United States Statutes have been consulted to the end of the session of 1886 ; while in treating specially of the State of New York in the second part, the laws appearing in the last (1882) revision of the state laws and the code of Civil Procedure as in force in 1886 have been consulted. The Report of the Board of Education in the city of New York for the year 1885 contained the laws to that date affecting this board, and these and other later sources of information have been tapped. During the last session of Congress some measures of general importance have been passed. The free delivery system of the Post Office Department was extended to every incorporated city or village having a population of 10,000, or in which the gross postal receipts amount to $10,000 a-year. An Act was passed to provide for the performance of the duties of the office of President in case of removal, death, resignation, or inability both of the President and Vice-President. By this Act the Secretary of State, or if there be none, or in case of his removal, death, resignation, or in- ability, then the Secretary of the Treasury, failing whom likewise, then the Secretary of War, failing whom likewise, then the Attorney-General, failing whom likewise, then the Post- master-General, failing whom like- wise, then the Secretary of the Navy, failing whom likewise, then the Sec- SOME IMPORTANT LAWS PASSED IN 1887. 9 retary of the Interior, shall act as President until the disability of the President or Vice - President is re- moved, or a President shall be elect- ed. Provided that whenever the said powers and duties so devolve, if Con- gress is not then in session, or is not to meet in accordance with law within twenty days thereafter, it is the duty of the person upon whom the same devolve to issue a proclamation con- vening Congress in extraordinary ses- sion, giving twenty days' notice of the time of meeting. Only officers ap- pointed by the advice and consent of the Senate to said offices, and such as are eligible to the office of President under the Constitution, and not then under impeachment by the House of Representatives, are eligible to act under the above provision. This al- ters the 146th, 147th, 148th, 149th, and 150th sections of the Revised Statutes, referred to in the body of this work. Owing to the outcry against aliens acquiring large tracts of public lands in the territories, an Act was passed making it unlawful for persons not citizens in the United States, or who have not lawfully declared their in- tention to become such citizens, or for any corporation not created by or under the laws of the United States, or of some state or territory of the United States, to hold or own real estate acquired after the date of the Act in any territory or in the District of Columbia, except such as might be acquired by inheritance or in good faith in the ordinary course of justice in the collection of debts theretofore created. Rights under existing trea- ties are not affected while the treaties are in force, but no longer. No cor- poration or association can acquire or hold or own such real estate, if more than 20 per cent of its stock is owned by persons or corporations or associa- tions not citizens of the United States. No corporation, other than railway, canal, or turnpike, can acquire, &c., more than 5000 acres of land in any territory, or any not required for proper operation purposes, except by Act of Congress. Another very important Act was passed, which applies to any common carrier or carriers engaged in the transportation of passengers or pro- perty wholly by railroad, or partly by railroad and partly by water when both are used, under a common con- trol, management, or arrangement, for a continuous carriage or shipment from one state or territory of the United States, or the District of Co- lumbia, to any other state or terri- tory or said district, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of pro- perty shipped from any place in the United States to a foreign country, and carried from such place to a port of trans-shipment, or shipped from a foreign country to any place in the United States, and carried to such place from a port of entry either in the United States or an adjacent foreign country. Provided, however, that the provisions of this Act shall not apply to the transportation of passengers or property, or to the re- ceiving, delivering, storage, or hand- ling of property, wholly within one state, and not shipped to or from a foreign country from or to any state or territory as aforesaid. The pur- poses of this Act are ( 1 ) the charges for transportation of passengers or property, and for receiving, deliver- ing, storage, or handling of property, shall be reasonable and just ; (2) pro- hibiting and declaring unlawful spe- cial rates, rebates, drawbacks, &c. ; (3) making it unlawful to make or give any undue or unreasonable pre- ference or advantage to any particu- 10 SOME IMPORTANT LAWS PASSED IN 1887. lar person, company, corporation, or locality, &c., and there shall be no discriminating rates and charges be- tween connecting lines, and equal facilities shall be given for the inter- change of traffic, &c.; (4) making it unlawful to charge or receive greater compensation in the aggregate for the transportation of passengers or of the like kind of property for a shorter than for a longer distance, not authorising as great compensa- tion for a shorter as for a longer distance, &c. ; (5) making it unlaw- ful for common carriers to pool freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, &c. ; (6) making it unlawful to charge, de- mand, collect, or receive a greater or less compensation for the trans- portation of passengers or property, or for services in connection there- with, than is specified in the pub- lished schedule as at the time in force, &c. ; (7) making it unlawful to prevent, by change of time schedule, carriage in different cars, or by other means or devices, the carriage of freights from being continuous from the place of shipment to the place of destination, &c., &c. A Commission was also created, to be known as the Inter - State Commerce Commission, composed of five commissioners ap- pointed by the President, by and with the advice and consent of the Senate. Not more than three of the commissioners shall be appointed from the same political party. No person in the employ of or holding any official relation to any common carrier subject to the provisions of this Act, or owning stock or bonds thereof, or who is in any manner pecuniarily interested therein, shall enter upon the duties or hold such office ; and the commissioners shall not engage in any other business, vocation, or employment ; salary, per annum. This Commis- sion has authority to inquire into the management of the business of all common carriers, subject to the pro- visions of the Act, and shall keep itself informed as to the manner and method in which the same is con- ducted, and has the right to obtain from such common carriers full and complete information necessary to en- able the Commission to perform the duties and carry out the purposes for which it was created ; with power to require the attendance and testimony of witnesses, and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investigation, and to that end to invoke the aid of any court of the United States in re- quiring the attendance and testimony of witnesses and the production of books, &c. A person claiming dam- ages from any common carrier, subject to the provisions of this Act, may either make complaint to the com- mission as provided for, or bring suit in any district or circuit court of the United States of competent jurisdic- tion, but has not the right to both remedies, and must elect which he will adopt. When Congress adjourned upon 4th March 1887, a bill was nearly per- fected to enlarge the powers of the Department of Agriculture and to create an executive department, to be known as the Department of Agri- culture and Labour. The chief of this new department should be a Cabinet officer. The Bureau of La- bour would be transferred to this department, also the United States Signal Service Bureau. It is necessary to examine the indi- vidual states, and as illustrative of all the states of the Union, the State of New York has been selected, be- cause it is one of the thirteen original states, is the most widely and most deservedly known, is the wealthiest STATE CONSTITUTIONS WORK OP STATE LEGISLATURES, ETC. 11 and most populous, has a goodly ter- ritory, and combines land and water jurisdiction, domestic and foreign trade, &c., &c. The constitution of this state was adopted in 1846, and has since then been several times amended (vide votes of the people upon the constitution and its amend- ments), but it is still considered by many as at this day quite good enough for all purposes. It has served as a model for the constitutions of other states. In terms of the constitution, and of an Act of the legislature, dated March 17, 1886, the question was submitted to the electors at the gen- eral elections in 1886, and answered affirmatively, that there should be a convention "to revise the constitu- tion and amend the same." But it does not follow that because there is a convention and a new constitution, or amendments to the old constitution are submitted to the electors, there shall be any change. In 1866 the vote for a convention was 352,854 against 256,364; while in 1869 the vote for the amended constitution was 223,935 against 290,456. It is claimed now by the advocates for a revision that ' ' the development of railroads, the obsolescence of the canals, the growth of cities, and the enormous increase in the power of corporations, have created new needs and changed old conditions to an ex- tent that requires an adjustment of the fundamental law to the present state of affairs. There is scarcely an article of the old constitution that could not be improved by a judicious revision " (' New York World '). What is a constitution ? This ques- tion the reader will be able to answer for himself after reading this work ; and the writer merely asks him to keep in mind (1) that the constitution of the state is a declaration of funda- mental laws unalterable by the legis- lature, and only alterable by a majo- rity of the people, citizens and voters of the state, after certain formalities, and due time for deliberation ; and (2) that the Constitution of the United States is also a declaration of funda- mental laws unalterable by the Con- gress, and only alterable in the manner prescribed by Art. V., sec. i, of the United States Constitution ; (3) that the several constitutions, federal and state, are the main checks upon the whims of Congress and state legislatures. What is the work of the state legis- lature ? This question the reader will also in time be able to answer for himself. But the quality of the work is not always good. Mr David Dud- ley Field, an able and experienced lawyer of the State of New York, in his address before the Bar Association of the State of New York, at Albany, in January 1887, said of the New York legislature of 1886 : " The session began on the 5th of January and lasted until the 20th of May, a period of 136 days. The cost of the session was a little over $500,000 : 681 statutes were enacted ; so that each statute, one with another, cost $734. The first thing that strikes the reader is, that 274 of these 681 statutes are entitled Acts to amend former statutes, and that 54 took effect without the assent of the Gov- ernor. The same general subject is dealt with in different statutes. There are 26 for canal appropriations, 43 for appropriations to other objects, 69 out of 681 being for appropriations of public money, and costing alto- gether, if we take one statute with another, $50,000 that is to say, it cost the state $50,000 for the legis- lature to say how the taxes laid upon the people should be expended. To an outsider it does not clearly appear why these appropriations could not have been all included in one Act. Apart from these statutes, there are few of general importance, and some of them could have been grouped into 12 IRRITATION AGAINST THE MOTHER COUNTRY STILL SURVIVES. one, to the relief of the legislator and the convenience of the citizen. Thus there are 20 Acts to amend the Code of Civil Procedure, 12 for the New York City Consolidation Act, 6 for the Code of Criminal Procedure, 6 for the Penal Code, 5 different Acts relate to taxa- tion, 4 to the power of Boards of Su- pervisors, 239 are classified in the general index as relating to corpora- tions, 143 as relating to the city of New York, and 60 to the city of Brooklyn. Of the last two classes, some are placed also in other classes. There are 93 classed as relating to villages, 101 to cities other than New York and Brooklyn. Some of these relating to cities and villages are enacted as complete charters for ex- ample, that of the city of Jamestown, extending through more than forty pages of the statute-book ; that amending the charter of the village of Oneida, covering eighteen pages ; that for consolidating the laws relat- ing to the village of Canton, sixteen pages, the three together being more than half as long as the proposed Civil Code." According to the census of 1880, the State of New York had 5,082,871 inhabitants, of whom 65,104 were coloured. But the remarks just quoted are more or less applicable to the work of all state legislatures. The State of New Jersey had, accord- ing to the census of 1880, a popula- tion of 1,131,116, of whom 38,853 were coloured. Its legislature con- sists of 21 senators, one from each county, elected for three years, and 60 members of the House of Assem- bly, elected annually. The following table shows that they find work to do in making laws : Total Laws Total Joint enacted. Resolutions. 1845-1854, both inclusive total length of the sessions, 100 weeks, 1453 85 1855-1864, i, 111 <> 2490 52 1865-1874, n M 1875-1SS4, i, n 1885, n ii The constitution of each state is the nucleus of the whole_ system of state government ; and this constitution rests upon the Declaration of Indepen- dence, as is illustrated in the case of the State of Colorado (the last state ad- mitted into the Union), whose trans- formation from a territory into a state is described in this work. The Declaration of Independence was em- bodied as part of the first constitu- tion of the State of New York, and in those of other states. It is omit- ted in the last constitution of the State of New York, but remains, nevertheless, an essential part of the constitution. The enumeration of the ' ' long train of abuses aud usur- pations " may be said to be lying dormant (the word "dormant" de- scribing best the feeling in many parts of the United States at the 123 117 12 5041 2361 250 60 68 4 present day). The thorough manner in which this Declaration of Indepen- dence has been ingrained into the hearts and minds of the citizens, pre- vents the enumeration of grievances of the thirteen original colonies being for- gotten, and makes it a point iVappui in all arguments, &c. , against the mother country. The proximity to Canada has, perhaps, in the border states kept alive a continued feeling of irritation or ill-will towards the mother country ; and the great num- ber of discontented emigrants from Ireland, or of Irish origin, and their importance as voters, has done more to keep the fire smouldering. It should, however, not be forgotten that English is the common language in both the United States and the United Kingdom, and that jealousy is more likely to be shown, with or MURDERS, ETC., IN THE UNITED STATES CRIMES BY YOUTH. 13 without reason, towards one who assimilates nearest ourselves than towards one whose language and habits and business customs, &c., are less familiar or little understood, and, in consequence, less feared. Also that a standing grievance is a necessity to some ; and to assert a grievance is a convenience, or is of use, to others. There is nominally little, if any, un- written law in the United States, or in any state. Everything is to be done by rule and measure. The clause, section, chapter of the statute law, and the decisions of the law courts, as precedents for the interpretation of the statutes, ought to regulate the so-called inalienable rights of liberty and the pursuit of happiness. The inalienable right of life, how- ever, is not always recognised ; or liberty and the pursuit of happiness may be inconsistent with it. The ' Chicago Tribune ' compiled the num- ber of murders and homicides in the United States, reported in the news- papers during 1886, to be 1499, classified by causes thus : quarrels, 631 ; jealousy, 181 ; liquor, 126 ; by highwaymen, 89 ; highwaymen killed, 24 ; insanity, 64 ; infanticide, 43 ; resisting arrest, 52 ; strikes, 35 ; riots, 16 ; self-defence, 19 ; outrage, 10; duels, 12; unknown, 197. During the same^ period the number of legal executions reported was 84, distrib- uted thus among the states viz.: Alabama, 2 ; Arkansas, 1 1 ; Califor- nia, 2 ; Colorado, 2 ; Florida, 3 ; Georgia, 5 ; Illinois, 4 ; Indiana, 5 ; Kentucky, 1 ; Louisiana, 10 ; Mary- land, 1 ; Mississippi, 2 ; Missouri, 6 ; Nebraska, 1 ; New York, 4 ; North Carolina, 5 ; Ohio, 1 ; Oregon, 1 ; Pennsylvania, 1 ; South Caro- lina, 4 ; Tennessee, 1 ; Texas, 5 ; Virginia, 2 ; Territories : Arizona, 1 ; District of Columbia, 3 ; Indian Territory, 1. Of this number all were males ; 42 were whites, 40 1499 133 1632 negroes, and 1 Chinaman. The lynchings reported numbered 133, and were thus distributed States : Alabama, 6 ; Arkansas, 4 ; Califor- nia, 2 ; Colorado, 3 ; Connecticut, 1 ; Florida, 9 ; Georgia, 6 ; Illinois, 1 ; Indiana, 8 ; Kansas, 5 ; Kentucky, 8 ; Louisiana, 6 ; Maryland, 1 ; Mis- sissippi, 1 7 ; Missouri, 4 ; Nebraska, 3 ; New Jersey, 1 ; North Carolina, 2 ; Ohio, 2 ; South Carolina, 3 ; Tennessee, 8 ; Texas, 17 ; Virginia, 2 ; West Virginia, 3 ; Territories : Washington, 1 ; Indian Territory, 10. Of these 131 were males, 2 females ; 62 whites and 71 negroes. To sum- marise Number of murders and homicides, Number of lynchings, . Total, Add : number of legal executions, 1715 These figures do not, however^ limit the number of murderers ; and it has to be remembered that the number engaged in lynchings may be quite numerous, and each lyncher should perhaps be numbered as a murderer. But they show that only a small percentage of those who take life are hanged, hanging being the form of legal execution. In the 12th Annual Report (1886) of the New York Society for the Suppression of Vice, a statement is given as compiled from newspaper accounts (pasted in a scrap-book) of youth, 21 years or under, arrested. It is necessarily imperfect. It does not include 4 youths arrested for prize-fighting, 4 bigamists, 12 girl prostitutes, 7 bands of boy bandits, and 74 girls abducted for criminal purposes. In the 13th Annual Re- port (1887) the figures added for 1886 do not include 110 runaways, scalp- hunters, to fight Indians, &c.; 17 for intoxication, 3 gamblers, 48 for assault, 3 for bigamy, 3 for black- mail, and 46 girls for prostitution. 14 SUICIDES DEPENDENT CLASSES. Murder. tl 3* Burglary. Highway Kobbery. Grand Larceny. f Forgery. S3 Man- slaughter. Counter- feiting. Train- Wrecking. - rt .Q "I N "5,2 0*^ ) 0; "S 2* SH 5 "3 ji Attempted Suicide. Youth Murdered. 1882 18 50 100 32 35 99 5 5 2 2 4 2 2 6 16 12 11* 1883 24 86 80 38 22 70 9 4 4 2 9 21 18 1884 74 104 171 84 72 230 18 4 2 5 3 4 8 37 24 51t 1885 45 136 146 81 120 198 12 13 6 1 9 14 46 27 62t 1886 41 115 64 31 55 88 10 4 3 3 6 29 20 Six months only. t One year. The number of suicides during the census year (1880) was (vide vol. ii. ' Mortality and Vital Statistics,' Part I. ) as follows i- By shooting Males, ... 433 Females, ... 39 By drowning Males, ... 94 Females, ... 60 By poisoning Males, ... 218 Females, ... 117 Suicides by other means Males, . . .1269 Females, ... 281 2511 J. N. Whitney, Esq., acting chief of the Bureau of Statistics of Washington, District of Columbia, has kindly drawn the writer's attention to an article translated from 'L'Eco d'ltalia,' ap- pearing in ' Public Opinion ' (a paper published in Washington and New York) of 5th February 1887, in which the ratio of suicides in every 1,000,000 of inhabitants in the following coun- tries is stated to be : in Den- mark, 280; in Switzerland, 202; in France, 156 ; in Germany, 148 ; in the United States, 143 ; in Aus- tralia, 105 ; in Austria, 96 ; in Nor- way and Sweden, 81 ; in Belgium, 71 ; in Great Britain, 56 ; in Italy, 37 ; in Russia, 25 ; in Spain, 14. The defective, dependent, and de- linquent classes in the United States, according to the figures of a report made by a special agent of the tenth census, submitted by the Secretary of the Interior to Congress in July 1886, are shortly these: The total number of prisoners contained in jails, workhouses, and penitentiaries, &c., in 1880 was 58,509, of whom 53,604 were males and 5005 females; 45,802 natives and 12,807 for- eigners; 41,861 whites and 16,748 coloured. The number of prisoners was 1059 to every 1,000,000 of popu- lation ; while in 1870 it was 853. The number of insane was, in 1880, 91,959, or 1833 to every 1,000,000 of population. The number of idiots reported as receiving special training was 809 ; and the idiotic class had increased from 24,527 in 1870 to 76,805 in 1880. The total number of blind in 1880 was 48,928, or 973 to every 1,000,000 of population. The number of blind reported as re- ceiving instruction was 4691. POPULATION OF THE UNITED STATES. 15 ' llSlflSlSSSSlllIISilllilSlli s O Sg- S^3"SSSS| 5 Sg- - of So PULATION. a fg || i-H CM rH rH rH i-H rH 1,585,951 s o 5 i to * H O P> ^ 1 r-i rHi-H rH i-H iOT^CMCNCN i-tr-iCOCN rHCO *" "3 illliilillllSllllsliiillllll o ^2SSKSSU^co"o^oSS52oo2So5 o icf 3 .- "3 >< 3lfiS 3 gcTo S'Soo 1-5 - 1 K O - M M 1 - go isii||||iss||s|||3|||||||i| -* o s -< J Jg O *"* O OCN 1 1>- fi 5 H a 2 I H 1 I r-.eo-*tot~ooo>Or-,cjco-2;.otoj ;; oooo-Nm^oogj|o 16 POPULATION OF THE UNITED STATES. a' Sgg2go>gSg22Sgg * * CO |3 o 8 CO ' rH S S "*- !<5 O a SPa 3SggSSSSS?f:S CO * H * J u E S S I- 1 O>i-lCi T1 'M SrHl^lN lOi-lF-i^ 1 a rH 0*2 H O^ 1M o w 2 o "2 b 1 S | g 3 <2 . . S i d STATES AND Ti * H c3 Total Unite ScocoS?o?cococococo^^"5S^ o POPULATION AND FOREIGN ELEMENTS. 17 Alaska and the Indian territory are not included in the preceding table, as they were not organised when the census of 1880 was taken. The population of Alaska was then 30,178, mostly natives. The popu- lation of the Indian territory was estimated at 70,000. Indians not taxed are excluded by law from the census. The estimated number in 1880 was about 245,000, excluding Alaska. The whole population of the United States in 1880 was estimated by Mr Spofford at 50,500,000 ; and it is estimated to have been at the begin- ning of 1887, 59,000,000. In 1880 there were Males . Females Native Foreign-born LATER STATE AND TERRITORIAL CENSUSES. In 1884 Michigan In 1885 ' Dakota . Florida . Iowa Kansas . Massachusetts Minnesota Nebraska New Jersey . Khode Island . Washington Territory Wisconsin 1,856,100 415,610 342,551 1,753,980 1,268,562 1,941,465 1,117,798 740,645 1,278,033 304,284 129,438 1,563,423 25,518,820 24,636,963 43,475,840 6,679,943 Census 1880. 1,636,937 135,177 269,493 1,624,615 996,096 1,783,085 780,773 452,402 1,131,116 276,531 75,116 1,315,497 PLACES OF NATIVITY OF THE FOREIGN-BORN INHABITANTS OF THE UNITED STATES. Census of 1880. Germany Ireland . British America England . Sweden . Norway . Scotland . France . China Switzerland . Bohemia Wales Mexico . Denmark Holland . Poland . Italy Austria . In 1870 the total population of the United States was 38,558,371, of whom 33,592,245 were white and 4,886,387 coloured; while in 1880 it was 50,155,783, of whom 43,402,970 were white, 6,580,793 coloured, 35,722 15,535 12,836 11,526 9,484 8,138 6,917 5,121 4,906 4,566 1,707 1,205 1,147 776 707 401 305 129 105,613 Chinese, and 66,407 civil- ised or taxed Indians. Thus, dur- ing the ten years, 1870 to 1880, the increase in the population of the United States was 11,597,412. The increase of the white population 1,966,742 Russia 1,854,571 Belgium 717,084 Luxemburg 662,676 Hungary . 194,337 West Indies 181,729 Portugal 170,136 Cuba . 106,971 Spain . 104,467 Australia . 88,621 South America . 85,361 India . 83,302 Turkey 68,399 Sandwich Islands 64,196 Greece 58,090 Central America 48,557 Japan 44,230 Malta 39,663 Greenland . 18 "NATURAL INCREASE" OF THE COLOURED VASTLY IN EXCESS. was 29.20 per cent, that of the coloured 34.67 per cent, so that not- withstanding the enormous white "immigration," the "natural in- crease " of the coloured population greatly exceeded the white increase, including immigration. It has been calculated that the "natural in- crease " of whites is at the rate of 2 per cent, while the " natural in- crease " of the coloured is 3^ per cent. From this it would appear that before many years elapse the coloured citizens will overwhelmingly outnumber the white, and, probably, ultimately absorb the white, in cer- tain southern states Alabama, Lou- isiana, Mississippi, North Carolina, South Carolina, Georgia, and Florida, and possibly other states. There is no knowing what complications may arise in the future a not very remote future through this excess of three- sevenths of coloured over white "na- tural increase." The mixture of black and white blood will take place to a certain extent, but only to a cer- tain extent. What is to become of the superabundant coloured people in course of time ? The whites will be forced to keep the tide of coloured emigration from coming north ; and what will become of the Republican Institutions ? THE DIVISION OP THE PEOPLE ACCORDING TO OCCUPATION. 19 THE OCCUPATIONS OF THE PEOPLE. S3 .. Si tj 6-*S .. . . . 11 a o 5 * | 1 o 1 8-S . "3nS D fl C5 GQ EH oj -^H *^ STATES AND TERRITORIES. < P-t O gj ;2 g^ fl gfjfc f is |lla S w i H 8 1. Alabama . 851,780 492,790 380,630 72,211 16,953 22,996 2. Arizona 32,922 22,271 3,435 8,210 3,252 7,374 3. Arkansas . 531,876 260,692 216,655 23,466 9,233 11,338 4. California . 681,062 376,505 79,396 121,435 57,392 118,282 5. Colorado . 158,220 101,251 13,539 24,813 15,491 47,408 6. Connecticut 497,303 241,333 44,026 51,296 29,920 116,091 7. Dakota 99,849 57,844 28,508 14,016 6,219 9,101 8. Delaware . 110,856 54,580 17,849 17,016 4,967 14,148 9. District of Columbia 136,907 66,624 1,464 39,975 9,848 15,337 10. Florida 184,650 91,536 58,731 17,923 6,446 8,436 11. Georgia 1,043,840 597,862 432,204 104,269 25,222 36,167 12. Idaho 25,005 15,578 3,858 3,861 1,327 6,532 13. Illinois 2,269,315 999,780 436,371 229,467 128,372 205,570 14. Indiana 1,468,095 635,080 331,240 137,281 56,432 110,127 15. Iowa .... 1,181,641 528,302 303,557 103,932 50,872 69,941 16. Kansas 704,297 322,285 206,080 53,507 26,376 36,319 17. Kentucky . 1,163,498 519,854 320,571 104,239 33,563 61,481 18. Louisiana . 649,070 363,228 205,306 98,111 29,130 30,681 19. Maine 519,669 231,993 82,130 47,411 29,790 72,662 20. Maryland . 695,364 324,432 90,927 98,934 49,234 85,337 21. Massachusetts . 1,432,183 720,774 64,973 170,160 115,376 370,265 22. Michigan . 1,236,686 569,204 240,319 143,249 54,723 130,913 23. Minnesota. 559,977 255,125 131,535 59,452 24,349 39,789 24. Mississippi 753,693 415,506 339,938 49,448 12,975 13,145 25. Missouri . 1,557,631 692,959 355,297 148,588 79,300 109,774 26. Montana . 31,989 22,255 4,513 6,954 2,766 8,022 27. Nebraska . 318,271 152,614 90,507 28,746 15,106 18,255 28. Nevada 50,666 32,233 4,180 10,373 4,449 13,231 29. New Hampshire 286,188 142,468 44,490 28,206 11,735 58,037 30. New Jersey 865,591 396,879 59,214 110,722 66,382 160,561 31. New Mexico 87,966 40,822 14,139 19,042 3,264 4,377 32. New York . 3,981,428 1,884,645 377,460 537,891 339,419 629,869 33. North Carolina . 959,951 480,187 360,937 69,321 15,966 33,963 34. Ohio .... 2,399,367 994,475 397,495 250,371 104,315 242,294 35. Oregon 130,565 67,343 27,091 16,645 6,149 17,458 36. Pennsylvania . 3,203,215 1,456,067 301,112 446,713 179,965 528,277 37. Rhode Island . 220,461 116,979 10,945 24,657 15,217 66,160 38. South Carolina . 667,456 392,102 294,602 64,246 13,556 19,698 39. Tennessee . 1,062,130 447,970 294,153 94,107 23,628 36,082 40. Texas. 1,064,196 522,133 359,317 97,561 34,909 30,346 41. Utah 97,194 40,055 14,550 11,144 4,149 10,212 42. Vermont . 264,052 118,584 55,251 28,174 8,945 26,214 43. Virginia 1,059,034 494,240 254,099 146,664 30,418 63,059 44. Washington 55,720 30,122 12,781 6,640 3,405 7,296 45. West Virginia, . 428,587 176,199 107,578 31,680 10,653 26,288 46. Wisconsin . 965,712 417,455 195,901 97,494 37,550 86,510 47. Wyoming . 16,479 8,884 1,639 4,011 1,545 1,689 U. S. Total, 1880 . 36,761,607 17,392,099 7,670,493 4,074,238 1,810,256 3,837,112 U. S. Total, 1870 . 28,228,945 12,505,923 5,922,471 2,684,793 1,191,238 2,707,421 20 IMMIGRATION IN 1886 ILLITERACY OF THE PEOPLE. CLASSES, 1880. Persons occupied. AGE AND SEX. All Ages. 10 to 15. 16 to 59. 60 and over. Male. Female. Male. Female. Male. Female. Male. Female. Agriculture Professional and per-l aonal services Trade and transporta-l tion / Manufactures, mechan-i ical and raining / All occupations . 7,670,493 4,074,238 1,810,256 3,837,112 7,075,983 2,712,943 1,750,892 3,205,124 594,510 1,361,295 59,364 631,988 584,867 127,565 26,078 86,677 135,862 107,830 2,547 46,930 5,888,133 2,446,962 1.672,171 2,978,845 435,920 1 9 15 189 54,849 577,157 602,983 138,416 52,643 139,602 22,728 38,276 1,968 7,901 17,392,099 14,744,942 2,647,157 825,187 293,169 12,986,111 2,283,115 933,644 70,873 According to the figures in ' The World (New York) Almanac ' for 1887, the number of immigrants ar- riving in the United States was in 1880, 457,257 ; in 1881, 669,431 ; in 1882, 788,992; in 1883, 603,322; in 1884, 518,592; in 1885, 395,346; in 1886, 334,203. Of those who ar- rived during the year ending 30th June 1886, there came through the New York customs district 266,370 ; through Boston, 25,046 ; through Philadelphia, 20,822: 84,403 were German; 49,619 Irish; 50,803 Eng- lish ; 12,126 Scotch; 27,751 Swed- ish; 21,315 Italian; 12,359 Nor- wegian ; 6225 Danish ; 4805 Swiss ; 3318 French ; 55,404 Europeans not classified ; all others, 5668. There seems not to be perfect accuracy in these figures, but they serve to in- dicate the sources from which this conglomerate nation is deriving its strains of blood. During some years the Irish headed the list ; but now the tide of immigration is strong from other countries, and the Irish strain is a much smaller percentage. Of course the annual fluctuations in the numbers from the respective for- eign countries may be considerable. STATISTICS OF ILLITERACY CENSUS OF 1880. Persons of 10 years and upwards. Unable to Read. Per cent. Unable to Write. Per cent. Whole population Native whites Foreign-born whites . Coloured . 36,761,607 25,785,789 6,374,611 4,601,207 4,923,451 13.4 6,239,953 2,255,460 763,620 3,220,878 17.0 8.7 12.0 70.0 The following table is compiled from the census of 1880 and the re- ports of the Commissioner of Educa- tion for the year 1883 - 84 ; and readers should, in comparing the figures, not forget that the popula- tion was in 1883-84 larger than in 1880 : ILLITERACY SCHOOL AGE, POPULATION, AND ATTENDANCE. 21 Aggregate Number who can- Number White not Write, aged who can- and ten and over, Number STATES AND not Read, Coloured 1880. School School enrolled TERRITORIES. aged ten who Age, Population, in Public and over, cannot 1883-84. 1883-84. Schools, 1880. Write, Native Foreign 1883-84. 1880. Whites. Whites. 1. Alabama . . 370,279 433,447 111,040 727 7.21 419,764 215,578 2. Alaska . . . 3. Arizona Ter. . 5', 496 5,842 1,225 3,599 6.21 9,376 4,516 4. Arkansas . . 153,229 202,015 97,990 552 6.21 316,356 153,216 5. California . . 48,583 53.430 7,660 18,430 5.17 235,672 179,801 6. Colorado . . 9,321 10,474 8,373 1,538 6.21 56,242 37,872 7. Connecticut . 20,986 28,424 3,728 23,035 4.16 150,601 123,280 8. Dakota Ter. . 3,094 4,821 933 3,224 7.20 77,499 50,031 9. Delaware . . 16,912 19,414 6,630 1,716 6.21 6 c 40,569 31,263 10. District of Col- umbia . . . 21,541 25,778 1,950 2,038 i 6.17 g 43,537 h 27,299 11. Florida . . . 70,219 80,183 19,024 739 6.21 e 66,798 e 58,311 12. Georgia . . . 446,683 520,416 128,362 572 6.18 / 508,187 287,411 13. Idaho Ter. . . 1,384 1,778 443 341 5.21 13,140 8,287 14. Illinois . . . 96,809 145,397 88,519 43,907 6.21 1,069,274 728,681 15. Indiana . . . 70,008 110,761 87,786 12,612 6.21 722,851 501,142 16. Iowa .... 28,117 46,609 23,660 20,677 a 5.21 a 604,739 a 406,947 17. Kansas . . . 25,503 39,476 17,825 7,063 5.21 411,250 303,604 18. Kentucky . . 258,186 348,392 208,796 5,701 6.20 g 571,793 d U 238,440 19. Louisiana . . 297,312 318,380 53,261 5,690 i 6.18 g 291,049 79,018 20. Maine . . . 18,181 22,170 8,775 12,983 4.21 213,524 146,345 21. Maryland . . 111,387 134,488 36,027 8,289 5.20 295,215 177,393 22. Massachusetts 75,635 92,980 6,933 83,725 5.15 336,195 342,012 23. Michigan . . 47,112 63,723 19,981 38,951 5.20 577,063 404,966 24. Minnesota . 20,551 34,546 5,671 27,835 5.21 359,366 223,209 25. Mississippi 315,612 373,201 52,910 538 5.21 447,571 266,996 26. Missouri . . 138,818 208,754 137,949 14,561 6.20 785,122 527,452 27. Montana Ter. . 1,530 1,707 272 359 4.21 15,082 8,118 28. Nebraska . . 7,830 11,528 5,102 5,824 5.21 209,436 137,618 29. Nevada . . . 3,703 4,069 240 1,675 6.18 9,593 7,868 30. New Hampshire 11,982 14,302 2,710 11,498 5.15 g 60,899 64,654 31. New Jersey 39,136 53,249 20,093 23,956 3 5.18 j 349,242 j 211,905 32. New Mexico Ter. 52,994 57,156 46,329 3,268 7.18 g 29,255 9 4,755 33. New York . . 166,625 219,600 59,516 148,659 5.21 1,702,967 1,000,057 34. North Carolina 367,890 463,975 191,913 119 6.21 504,281 278,298 35. Ohio .... 86,754 131,847 83,183 32,308 6.21 1,082,295 762,755 36. Oregon . . . 5,376 7,423 3,433 910 4.20 73,867 43,157 37. Pennsylvania . 146,138 228,014 123,20(3 86,775 6.21 g 1,422,377 966,039 38. Rhode Island . 17,456 24,793 4,261 19,283 i 5.15 58,858 k 49,255 39. South Carolina 321,780 369,848 59,415 362 6.16 g 262,279 185,619 40. Tennessee . . 294,385 410,722 214,994 1,233 6.21 e 571,829 350,143 41. Texas .... 256,223 316,432 97,498 26,414 8.16 311,134 244,895 42. Utah Ter. . . 4,851 8,826 3,183 4,954 6.18 48,889 29,325 43. Vermont. . . 12,993 15,837 5,354 10,327 5.20 g 99,463 73,283 44. Virginia . . . 360,495 430,352 113,915 777 5.21 555,807 288,030 45. WashingtonTer. 3,191 3,889 895 534 6.21 31,599 22,341 46. West Virginia . 52,041 85,376 72,826 2,411 6.21 228,185 166,272 47. Wisconsin . . 38,693 55,558 11,494 42,739 4.20 528,750 316,969 48. Wyoming Ter. 427 556 177 197 7.21 g 4,112 g 2,907 Indians Cherokees j 5,000 4,798 Chickasaws . j 1,000 449 Choctaws . . j 3,000 1,163 Creeks . . . j 2,000 1,200 Seminoles j 450 252 TOTAL . 4,923,451 6,239,958 2,255,460 763,620 16,794,402 10,738,192 a, In 1882; 6, estimated; c, not including coloured children in Wilmington; d, for white =chools only; e, no report from three counties; /, State census of 1882; g, U.S. census of 1880 ; h, in 1881 ; i, inclusive ; j, in 1882-83 ; k, includes evening school reports. UNIVERSITIES AND COLLEGES. UNIVERSITIES AND COLLEGES IN THE UNITED STATES (prepared by the Commissioner of Education. The Statistics are for 1884-85, the latest reported). Preparatory Collegiate STATES AND TERRITORIES. 1 "o o Department Department Income from Produc- tive Funds. Receipts last year from Tuition Fees. Volumes in College Libraries. Value of Grounds, Buildings, and Appara- tus. ! 'o'g 6-0 of "eg 0^3 fc 3 to ^ -2 ^ "w ^ -5 q M O3 a OQ $ * $ Alabama . 4 i 160 58 463 24,000 8,500 17,000 370,000 Arkansas 5 11 633 22 236 11,150 6,200 4,133 309,000 California 11 24 1,397 150 1,283 106,400 34,000 59,735 1,435,000 Colorado . 3 7 177 19 110 3,000 1,512 9,800 295,828 Connecticut . 3 75 924 91,209 117,341 178,000 1,409,630 Delaware 1 6 58 4,980 830 60,000 Florida . 1 44 9 65 2,600 700 1,500 15,000 Georgia . 7 14 262 47 580 36,180 8,800 40,561 955,500 Illinois . 27 57 2,503 246 1,980 110,212 164,110 119,732 2,544,897 Indiana . 14 25 1,308 142 1,763 36,715 16,636 81,490 1,161,000 Iowa 20 34 2,235 179 1,288 43,743 71,299 71,935 1,511,500 Kansas . 9 44 1,352 72 621 22,325 83,970 34,350 695,000 Kentucky 14 41 888 93 1,212 52,343 58,986 248,606 825,500 Louisiana 10 53 1,215 84 622 89,556 32,600 58,200 733,250 Maine 3 32 354 49,170 20,716 62,378 300,000 Maryland 10 29 432 149 871 220,777 23,833 80,300 1,101,286 Massachusetts 7 3 272 168 2,134 909,545 222,828 313,835 1,686,000 Michigan 8 24 979 131 1,324 81,342 100,246 95,425 1,550,531 Minnesota 5 7 598 73 349 42,741 13,876 29,640 531,231 Mississippi 3 5 494 23 269 33,879 6,866 11,000 475,000 Missouri . 18 45 1,503 176 1,352 94,666 81,683 86,668 2,692,000 Nebraska 6 18 659 63 433 18,960 10,524 15,379 434,000 Nevada . 1 2 33 NewHampshire 1 is 232 30,000 14,000 55,000 100,000 New Jersey . 3 61 622 100,500 20,910 75,000 1,200,000 New York - i no 2,660 439 3,513 582,783 587,943 338,426 8,618,548 North Carolina 10 21 664 73 694 21,110 21,510 38,400 743,500 Ohio 33 125 3,424 337 2,960 219,390 123,637 194,946 3,537,867 Oregon . 7 16 812 29 105 19,850 16,000 10,730 374,000 Pennsylvania . 27 71 1,888 337 2,480 340,376 151,877 186,336 5,110,449 Rhode Island . 1 22 240 39,919 22,172 62,764 600,000 South Carolina 9 is 596 58 501 26,800 7,600 52,550 189,600 Tennessee 18 45 2,022 140 1,299 109,610 54,078 71,609 1,654,289 Texas 9 24 786 68 762 125,552 40,300 12,926 180,000 Vermont . 2 12 160 23,130 3,658 37,000 345,000 Virginia . 7 '5 123 80 995 47,206 28,767 87,150 1,635,000 West Virginia . 2 4 49 18 63 6,348 600 7,000 275,000 Wisconsin 8 26 710 105 615 67,724 64,966 54,855 913,700 Dakota . 2 3 172 11 20 730 105,000 District of \ Columbia ) ' 5 1 62 54 415 66,454 10,589 44,600 1,150,000 Montana . 1 2 40 10 21 2,500 2,500 150 50,000 Utah 1 4 7 368 6,455 3,033 70,000 Washington . 2 5 193 19 21 800 6,900 3,656 136,000 TOTAL 365 924 31,351 3,912 34,377 3,915,545 2,270,518 2,956,528 48,479,200 UNIVERSITIES AND COLLEGES THEOLOGICAL SEMINARIES. 23 UNIVERSITIES AND COLLEGES IN THE UNITED STATES, from 1874 to 1884-85 inclusive. Aggregate number, with Instructors and Students, as re- ported to the Bureau. (Prepared by the Commissioner of Education. ) No. of 1874. 1875. 1876. 1877. 1878. 1879. 1880. 1881. 1882. 1883-84. 1884-85. Institutions . 343 Instructors . ' 3,783 Students . i56,692 1 355 3,999 58,894 356 3,920 56,481 351 3,998 57,334 358 3,885 57,987 364 4,241 60,011 364 4,160 59,594 362 4,361 62,435 365 4,413 64,096 370 4,644 65,522 365 4,830 65,728 THEOLOGICAL SEMINARIES IN THE UNITED STATES IN 1883-84. (Prepared by the Commissioner of Education, taken from Mr Spqffbrd's 'American Almanac.') DENOMINATION. No. of Seminaries. No. of Professors. No. of Students. 1. Roman Catholics 19 156 1214 2. Baptist 19 96 847 3. Evangelical Lutheran 17 55 620 4. Presbyterian 15 86 595 5. Methodist Episcopal 13 59 548 6. Congregational 12 76 392 7. Protestant Episcopal 12 57 223 8. Christian 5 23 131 9. Reformed 4 11 50 10. Universalist . 3 21 55 11. Non-sectarian 3 18 81 12. Methodist Episcopal, South .... 3 8 159 13. United Presbyterian 3 8 56 14. Methodist Protestant 2 16 33 15. Free Will Baptist 2 8 64 16. New Church 2 8 11 17. German Methodist Episcopal .... 2 5 31 18. African Methodist Episcopal .... 2 2 19. Unitarian 1 7 20 20. Reformed (Dutch) 1 6 28 21. Cumberland Presbyterian .... 1 6 27 22. United Brethren 1 4 32 23. Moravian 1 4 20 24. Wesleyan 1 4 12 25. Old School Presbyterian, South 1 3 30 26. Evangelical Association 1 3 11 TOTAL .... 146 750 5290 24 CHURCHES MINISTERS CHURCH MEMBERS. RELIGIOUS DENOMINATIONS OF THE UNITED STATES. (From Mr Spqffbrd's 'American Almanac,' with revision according to later Statistics, as in the 'World (New York) Almanac' for 1887.) Denominations. Churches. Ministers. Members. 1. Adventist, Second . 800 600 70,000 2. Adventist, Seventh Day 640 144 15,570 3. Baptist 26,060 16,596 2,296,327 4. Baptist, Anti-Mission 900 400 40,000 5. Baptist, Free Will 1,432 1,213 78,012 94 110 8,539 7. Baptist, Six-Principle 20 12 2,000 8. Christian (Disciples of Christ) .... 5,100 3,782 591,821 9. Congregational 3,804 3,713 381,697 10. Dunkards (the Brethren) 250 200 100,000 11. Episcopal, Protestant 3,013 3,725 398,990 12. Episcopal, Reformed 13. Evangelic Association 1,576 100 1,545 9,448 117,027 14. Friends 392 200 60,000 15. Jews 269 202 13,683 16. Lutheran 6,553 3,132 950,868 17. Mennonite 300 350 50,000 18. Methodist, Episcopal 17,935 24,658 1,724,420 19. Methodist, Episcopal (South) 11,703 860,687 20. Methodist Episcopal, African .... 1,738 387,566 21. Methodist Episcopal, African Zion 1,800 300,000 22. Methodist Episcopal, Coloured .... 638 112,938 23. Methodist, Free .... 260 12,318 225 13,750 52 3,369 26. Methodist, Protestant 1,385 135,000 i,is4 600 118,979 400 17,087 29. Moravian - 84 94 9,491 30. Mormon 654 3,906 110,377 31. New Jerusalem (Swedenborgian) .... 93 89 3,994 32. Presbyterian 5,858 5,218 600,695 33. Presbyterian (South) 2,010 1,081 123,806 34. Presbyterian (Cumberland) 2,457 1,386 111,863 35. Presbyterian, Reformed 167 143 17,273 36. Presbyterian, United 826 719 84,573 3". Reformed Church (late Dutch) .... 509 545 80,167 38. Reformed Church (late German) .... 1,405 748 155,857 39. Roman Catholic 6,241 6,546 * 40. Shaker 18 68 2,400 41. Unitarian, Congregational 335 394 17,960 4,524 2,196 157,835 43 Universalist ...... 956 729 27,429 44. Winebrennerians (Church of God) .... 400 350 30,000 27,651 103,695 10,403,826 * According to Roman Catholic publications there are 6,832,954 adherents of that faith in the United States, though membership is not reported, which, added to the above, would make the total number of members 17,236,780. NEWSPAPERS PERIODICALS CIRCULATION. 25 NEWSPAPERS AND PERIODICALS IN THK UNITED STATES, 1880-85. o d S3 O *d 13 O o d a d B o |-2 g i *r t- oo ,0 1-1 Is g~ "00 42 ! 00 Ja| _|2^ STATES AND .H o "S". Iss S3 d oT C~d lJ *> g""- &"* TERRITORIES. ^ ._. -* |J i 00 ~ l B|S fc| 1 .c o tc- 2 " fc|J -2pH " ^ "3 o $ ti *c M C fcO O c 5 E-i H E" H HS E* * HfL, 1. Alabama . . 129 7 9,660 111 69,603 8 7,550 86,813 137 2. Arizona . . . 17 6 3,800 11 10,550 14,350 34 3. Arkansas . . 120 6 5,430 107 86,691 2 500 J 92,621 141 4. California . . 364 59 178,864 254 398,947 32 94,000 19 671,811 405 5. Colorado . . 90 20 28,025 65 64,404 4 8,900 ] 101,329 149 6. Connecticut . 140 17 45,140 100 167,860 14 20,240 { 233,240 155 7. Dakota . . . 66 9 4,500 57 33,343 37,843 286 8. Delaware . . 26 5 18,300 20 17,625 i 1,000 36,925 32 9. District of Col- umbia . . . 44 5 34,000 23 96,232 15 71,791 1 202,023 60 10. Florida . . . 45 3 2,675 40 24,932 t 27,607 96 11. Georgia . . . 200 16 29,940 163 242,491 ii 19,200 10 291,631 215 12. Idaho . . . 8 7 5,000 1 5,000 23 13. Illinois . . . 1,032 75 270 183 771 1,728,597 120 447,'lSO 66 2,445,960 1,086 14. Indiana . . . 478 40 73,'387 404 474,647 24 43,250 10 591,284 559 15. Indian Territorj 3 3 4,360 4,360 7 16. Iowa .... 579 30 38,570 511 464,730 30 52,100 g 555,408 687 17. Kansas . . . 349 21 23,051 311 139,013 15 28,000 S 290,064 478 18. Kentucky . . 213 11 32,415 169 340,317 24 29,338 c 402,070 204 19. Louisiana . . 112 13 38,765 94 95,115 2 950 3 134,830 118 20. Maine . . . 124 12 18,940 92 160,432 17 1,036,200 3 1,215,572 136 21. Maryland . . 144 15 132,413 112 235,021 12 20,160 5 387,594 174 22. Massachusetts 432 39 280,399 283 1,096,106 81 562,313 29 1,938,818 531 23. Michigan . . 469 33 64,389 401 505,075 19 33,285 16 602,749 562 24. Minnesota . . 224 10 28,993 206 167,531 6 25,150 2 221,674 304 25. Mississippi . . 123 5 4,200 110 77,604 2 6,100 6 87,904 127 26. Missouri . . 531 43 137,560 418 737,500 50 156,300 20 1,031,360 643 27. Montana . . 18 4 1,312 14 19,915 21,227 37 28. Nebraska . . 189 15 17,113 165 129,305 '7 13,740 "2 160,158 318 29. Nevada . . . 37 14 16,805 22 11,090 1 500 28,395 30 30. New Hampshire 89 10 13,870 67 143,598 8 39,800 4 197,268 110 31. New Jersey . 217 27 50,876 165 188,364 13 16,800 12 256,040 243 32. New Mexico . 18 3 2,200 15 6,655 8,855 33 33. New York . . 1,412 116 999,048 891 5,528,056 283 2,871,391 122 9,398,495 1,547 34. North Carolina 140 13 7,534 112 89,126 7 8,186 8 104,846 145 35. Ohio .... 776 56 215,934 586 1,057,059 90 612,354 44 1,885,347 880 36. Oregon . . . 74 7 11,070 59 59,918 6 10,090 2 81,078 79 37. Pennsylvania . 985 100 598,627 679 3,321,376 162 1,597,340 44 5,517,343 1,098 38. Rhode Island . 44 8 41,182 31 54,104 3 3,040 2 98,326 51 39. South Carolina 82 4 7,750 70 62,042 3 1,110 5 70,902 91 40. Tennessee '. . 192 12 30,995 152 199,274 17 68,350 11 298,619 203 41. Texas. . . . 279 31 31,351 229 314,447 12 10,140 7 355,938 372 42. Utah .... 24 5 7,950 10 23,650 4 5,075 5 36,675 27 43. Vermont . . 82 5 4,300 72 75,042 3 51,500 2 130,842 73 44. Virginia . . . 195 20 33,422 125 157,904 33 66,902 17 258,228 216 45. Washington . 29 4 1,100 24 16,041 1 17,141 59 46. West Virginia . 109 2 5,300 97 79,177 5 4,806 '5 89,283 121 47. Wisconsin . . 340 21 34,100 283 375,530 20 36,762 16 446,392 397 48. Wyoming . . 10 3 1,986 7 3,700 5,t>86 15 UNITED STATES 11,403 980 ,637,424 8,718 9,459,107 1,167 5,081,393 538 1,177,924 13,494 STATE COURTS OF LAW DETECTIVE SYSTEM. The judiciary in the several states consists of Courts of Record and of Inferior Courts not of Record. The number and the names of the courts vary. In some states the Court of Chancery has been done away with. There may be special courts for par- ticular cities. The Court of Probate is variously styled e.g., "Court Or- dinary," " Orphans' Court," or "Sur- rogate's Court." In the State of New York there are the following Courts : I. Courts of Record. The Court for the trial of Impeach- ments. The Court of Appeals. The Supreme Court. A Circuit Court in each county. A Court of Oyer and Terminer in each county. A Court of Common Pleas for the city and county of New York. The Superior Court of the city of New York. The Court of General Sessions of the Peace in and for the city and county of New York. The Superior Court of Buffalo. The City Court of Brooklyn. The City Court of Long Island city. The City Court of Yonkers. A County Court in each county, ex- cept New York. A Court of Sessions in each county, except New York. The Marine Court of the city of New York. The Mayor's Court of the city of Hudson. The Recorder's Court of the city of Utica. The Recorder's Court of the city of Oswego. The Justices' Court of the city of Albany. A Surrogate's Court in each county. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. II. Courts not of Record. 1. Courts of Justices of the Peace in each town, and in certain cities and villages. 2. Courts of special Sessions of the Peace in each town, and in certain cities and villages. 3. The District Courts in the city of New York. 4. The Police Courts in certain cities and villages. 5. The Justices' Court of the city of Troy. 6. The Municipal Court of the city of Rochester. In the State of New Jersey there are the following courts : I. Courts of Record. 1. Court of Impeachments. 2. Court of Pardons. 3. Court of Errors and Appeals. 4. Court of Chancery. 5. Prerogative Court. 6. Supreme Court. 7. Circuit Court in each county. 8. Court of Oyer and Terminer and general jail delivery in each county. 9. Court of General Quarter Sessions in each county. 10. Orphans' Court in each county. 11. District Courts in cities of 15,000 and more inhabitants. II. Courts not of Record. 1. Court of Common Pleas in county. 2. Justices of the Peace Courts. each In addition to these courts, there are in each state the several courts of the United States, which are de- scribed in their proper place in this work. The system of espionage in the United States is of various kinds, and it is very effective. It is doubtful if a better system exists in any other country ; and considering the migra- tory habits, the influx of strangers and of foreigners, it is essential to the welfare of the community that the detective system should be well organised and wide-awake. But there are abuses. The town and village constables do not take high rank in the service, but help a little. The gossips of the community are also of assistance, and always can be relied upon to pry into every other person r s EVILS THROUGH DETECTIVE RASCALITY. 27 affairs, and to publish news of all kinds. There are state detectives, with headquarters here and there, and with members scouring the dif- ferent towns, villages, cities, and counties. There are city detectives. There are numerous private detec- tives to be hired for particular jobs ; and private detective agencies which supply detective services of all kinds even armed men to serve as a guard, and to use their firearms on occasion. And not least of all there are the newspaper reporters, to be found in every nook and cranny, ever on the alert for something sen- sational- something to attract read- ers, give notoriety, and who cater for the craving for excitement and scan- dal and news of all sorts. There are swarms upon swarms of such detec- tives, both male and female. There is scarcely a limit to the devices em- ployed to detect ; and not infre- quently the detective system par- ticularly the private detective sys- tem is a means to black-mail, to trump up false charges, to bring about the ruin of innocent men or virtuous women, to obtain revenge, to manufacture evidence in divorce suits, to boycott, to effect other forms of devilry. The facility with which individuals and public officials and the guardians of the inalienable rights of the peo- ple can be misled or got to forget decency or to tyrannise over those who are weaker or in their power is illustrated by the following example taken from 'The Daily Register,' an official law journal of the city and county of New York, of July 17, 1886, viz.: "The main point of interest in the same case, and one on which Judge Morse dissented, turns on the use of evidence obtained by a detec- tive, who was introduced to the ac- cused in the assumed character of a lawyer or attorney whom they were recommended to employ. The dis- senting judge gives the following account of the transaction ; and, as- suming facts to be justly stated, his animadversions are certainly not too severe : " As related by their own oaths, the scheme, worked out by agree- ment between the prosecuting attor- ney, sheriff, and one Matt. Pinkerton, a detective, was to keep away from the respondents in this case all attor- neys ; to introduce Pinkerton as a lawyer, get him employed by them, and then, as their pretended counsel, worm out a confession from one or both of them, and by a betrayal of their confidence use the confession in evidence to convict them. Acting upon this preconcerted scheme, the prosecuting attorney and sheriff kept a letter written by Marshall G. Bar- ker to Howard & Roos, attorneys at Kalamazoo, and also refused Mr Roos an interview with the respondents when he came to Paw Paw for the purpose of seeing them. They also keep all other counsel from them until a letter from the circuit judge informs them that the Barkers are entitled and have the right to see attorneys of their own choice. " A detective, passing under the name of Stearns, is sent by Pinker- ton from Chicago to meet the pro- secuting attorney and act under his direction. The prosecuting attorney swears in substance that this man Stearns, under his advice and direc- tion, forged a note, and went to the bank and attempted to pass it. The prosecuting attorney then drafted a complaint, procured some one to ver- ify it, and arrested Stearns for forg- ery, and placed him in jail, where he could have access to the respondent. Another detective, Matt. Pinkerton, then arrives upon the scene, osten- sibly as the attorney employed to defend Stearns, and passing under the name of A. S. Trude, a prominent 28 OUTRAGEOUS CASE OF ABUSE OF THE DETECTIVE SYSTEM. lawyer of Chicago. The sheriff swears that he introduced Pinkerton to the Barkers as an attorney, and as A. S. Trude, from Chicago, in Paw Paw, for the purpose of defending Stearns against the pretended charge of forg- ery. And while he detains the letter written by Marshall to Howard & Roos, and prevents the Barkers see- ing or employing counsel, he advises the respondents to employ Pinkerton, alias A. S. Trude, as their attorney, which advice they accept and follow. The detective Pinkerton, personating Trude, becomes their attorney, and thereby secures the faith and con- fidence of the accused. He, as their attorney, advises them what story each shall tell in order to get Mar- shall off with a light sentence and to acquit William of any offence what- soever. He gains a confession from each of them in accordance with his theory, which he writes down. The whole object of this scheme was to obtain such a confession and then to use it against them, as admitted by the prosecuting attorney and sheriff. The sheriff very frankly says upon the witness-stand that ' Pinkerton was introduced there for the purpose of gaining the confidence of the Barkers by the representations he might make to them the object was to get a confession from them ; ' that at the time he kept the letter from Marshall to Howard & Roos he did not want Barker ' to have an attorney until Pinkerton had got through his part with him.' " When these confessions had been secured, the detective Stearns, who had been allowed the liberties of the jail upon a charge of forgery, was re- leased and disappears. The Barkers are thereupon informed by the bogus Trude that Stearns was discharged in court because he had followed the advice of his attorney ' Trude. ' While these respondents were thus confined in jail, denied the assistance or sight of counsel, save this pre- tender, by whom they were being deceived and betrayed into admis- sions of guilt, the officials heretofore named employed another party in the jail, who took into his possession notes and letters from Marshall to William and from Marshall to his wife and from William to Marshall, and handed them as received to the wife of the sheriff. " The written confessions obtained by Pinkerton in his character of At- torney Trude were procured for the express purpose of being used as evidence upon the trial, and were offered by the prosecuting attorney after the circumstances of their pro- curation had been detailed in court. They were very properly ruled out by the court, the circuit judge evinc- ing throughout the whole trial a very manifest disposition to give, as far as was in his power, these men a fair and impartial trial ; yet I cannot but think that he committed a very grave error in admitting the notes and let- ters in the keeping of the sheriffs wife in evidence. It had the effect of, partially at least, carrying out the conspiracy of the detectives and officials against the lives and liberties of the respondents as well as against the law. These notes and letters were written many of them during the time Pinkerton was acting as the pretended but trusted attorney of the Barkers, who were blindly and implicitly following his advice. Others were written after his real character was known to them, and bore evidence upon their face of the great wrong that he had done them in his dual capacity of attorney and detective. Nearly every one of them was tainted with the poison of this vile conspiracy against their rights as citizens, unless it be held that the mere fact of arrest for crime shall make a man a felon and serve as an antidote against any and all wrongs PLACE-HOLDERS POLITICAL TRAILING OP THE YOUTH, ETC. 29 that may be perpetrated upon the ac- cused before trial. " The majority of the court, while approving the manner in which the Circuit Court disposed of the admis- sion of the word confession, justified the admission of the exhibits as fol- lows : These exhibits were written notes which the witness testified were handed to him by one of the respon- dents to be delivered to the other, and, instead of delivering them, the witness handed them to the sheriff or to his wife. The witness identified the exhibits, and they were offered in evidence. The objection was that the handwriting was not proven. The court ruled that ' whether the hand- writing be proved or not is a question that is necessarily involved in the question as to whether these papers should be admitted in evidence. The witness states that he received them from the parties, and that he handed them to Mrs Todd. If he did so re- ceive them, they are admissible in evi- dence, and whether he received them and handed them to Mrs Todd is a question of fact for the jury ; there- fore, they will be received.' There was no error in this ruling." (Peo- ple v. Barker, Mich., April 8, 1886; 27 North- Western Rep. 539.) The enormous number of place- holders strikes the attention of the inquirer into the several systems of federal, state, county, town, city, and village government ; and into the system of patronage, or non-elective office appointments. When it is as- certained that the emoluments of these offices are small, and not calculated to afford more than a respectable subsistence for a man and his family, it may be inferred that the bulk of the citizens cannot afford the lavish expenditures for which those on their travels in Europe have become fa- mous. It is not always understood how the necessary means are ob- tained with which to live extrava- gantly, and also to amass a fortune of larger or smaller dimensions. Too frequently the denouement comes in an unpleasant way after the horse has been taken out of the stable. In the State of New Jersey, with a population of 1,131,023 in 1880, there were in the 21 counties, 21 state senators, 60 assemblymen, 21 sheriffs, 63 coroners, 21 county clerks, 21 surrogates, 21 county col- lectors, 21 prosecutors of the pleas, 13 law judges, 50 lay judges, and about 1000 justices of the peace say, total 1312. Add to these the number of state, town, village, city, and United States officers, and the subordinates, and the total number of office-holders forms a large per- centage of the whole population of adult age, one-half of which is pre- sumed to be female. When it is remembered that, besides the general elections in November, there are local elections at other times, it is no wonder that electioneering and politics form a kind of second nature in the citizen. Imbued from infancy with the excitement and wiles of politics, the wits of the young citi- zens are prematurely sharpened with knowledge of the baseness of man. They are apt to rapidly develop habits of chicanery, and to think slightingly of their seniors. The art of pleasing to attain an end is natu- ral, but the true ring of sincerity and unselfishness is usually wanting in politics and in politicians. Of course the animal nature is not eliminated from mankind because men are citi- zens of the United States. The dif- ferent political parties have a dis- trust of each other collectively and singly, but this does not quite imply that the political distrust extends to the ordinary affairs of life or of busi- ness. Some laws of Congress and of state legislatures clearly indicate that politics may enter into all such affairs ; and without doubt 30 POLITICAL INFLUENCES AND MACHINERY. political influence has often blind- folded law and equity and justice. There is no doubt that under the United States laws, when grand or petit jurors are drawn by the clerk of court, a commissioner is ap- pointed by the judge, who must be a citizen of good standing residing in the district in which the court is held, and a well-known member of the principal political party in the district in which the court is held opposing that to which the clerk may belong ; and that this and other precautions cropping out in Federal and state legislation indicate what a supreme hold upon moral prin- ciples the political habits have ac- quired. Somehow, a man's name is brought up as a candidate for office at a primary meeting in town or' in city ward, and proceeds through county, or county and state con- ventions, to nomination by a politi- cal party, and subsequently to elec- tion. It requires much backing up from supporters. The first question is how to secure nomination in the primary meeting of electors, and then to carry the candidate through the different steps to election and vic- tory. What is this backing up ? That is a secret often explained in loud whispers : political influence sets- the wheels of the machine in motion and keeps them running ? What is political influence ? Money, patronage, political offices, political deals, promises, and what-not-else. In the State of Kansas, women have recently been given the suffrage in municipal elections ; but according to newspaper reports, it is very questionable if this is a boon to the sex. In country districts there was no particular harm visible, but in cities it would seem as if disreputable women outnumbered the respectable, and that the foulest gossip or charges were made against respectable wo- men. Is the favour of a chaste woman to become a " political in- fluence " ? The immense power of the political machine is an acknowledged fact ; and it was an unpleasant surprise to the old machine parties when, at the general elections in New York city in November 1886, the new Labour party sprung up as a giant com- petitor, and, defeating one, gave the victorious machine party a warm tussle. Since then, the Labour party in Cincinnati defeated the Demo- crats, and were about 600 short of electing the mayor. In Chicago, Il- linois, and in Jersey City, New Jer- sey, the Labour party has also shown itself very strong ; and there can be little doubt that its Presidential can- didate in 1888 will poll a large vote, and may possibly be elected. Con- sidering what political parties ought to be, it does seem strange, paradoxi- cally strange, that such an Act as the following should be passed by any state legislature, to wit : "CHAPTER CCXI. "An Act to regulate the holding of, and to prevent frauds in, the primary elections of the several political parties in cities of the State of New Jersey. "1. T)E it enacted by the Senate -L) and General Assembly of the State of New Jersey, That from Officers of and after the P assa g e of primary this Act it shall be law- elections to f u i anc i it i s hereby made take oath , , , , . ,. , , . , before enter- the duties of the judges, ing upon inspectors, and clerks, or other officers of the pri- mary elections, meetings, or caucus, held for the purpose of nominating candidates for state, city, and county officers within the cities of the State of New Jersey, before entering upon the discharge of their duties, severally to take and sub- scribe to an oath or affirmation POLITICAL PARTIES CAN SWEAR MEMBERS IN NEW JERSEY. 31 in the presence of each other, in form as follows namely, ' I, do that I will, as judge, inspector, or clerk (as the case may be), at the ensuing elec- Formof ti impartially and Otltll. * * faithfully perform my duties in accordance with the laws and constitution of the State of New Jersey, and in accordance with the iiiles and regulations adopted by the party of the county of (as the case may be), for the govern- ment of the said primary elections, meetings, or caucus, to the best of my judgment and abilities. ' ' ' The oath or affirmation shall be first administered to the judge by one of the inspectors, By whom to then the judge so quali- be admims- />, u 11 j -_L AI. tered. tied shall administer the oath or affirmation to the inspectors and clerks, and may administer the oath to any elector offering to vote as to his qualifications to vote at such election. "2. And be it enacted, If any judge, inspector and clerk, or other Penalty for . fficer of a primary elec- acting before tion, as aforesaid, shall taking oath, presume to act in such a capacity before the taking and subscribing to the oath or affir- mation required by this Act, he shall, on conviction, be fined not ex- ceeding $200, and if any judge, in- spector, clerk, or other officer, when in the discharge of his duties as such, shall wilfully disregard or violate the provisions of any rule duly made by the party of which he is a member, and for whom he is acting, for the government of the primary elections of the party, he shall, on conviction, be fined not exceeding $200 ; and if any judge or inspector of any primary election, as aforesaid, shall knowingly reject the vote of any person entitled to vote under the rules of the said party, or shall knowingly receive the vote of any person, or persons, not qualified as aforesaid, he shall, on conviction, be fined not exceeding $200 ; and if any judge, inspector, clerk, or any other officer of a pri- mary election, as aforesaid, shall be guilty of any wilful fraud in the dis- charge of his duties by destroying or defacing ballots, adding ballots to the poll by false counting, by making false returns, or by any act or thing whatsoever, the person or persons so offending shall be deemed guilty of a misdemeanour, and upon convic- tion shall be fined not exceeding $500, or imprisonment not exceeding one year, both or either, at the dis- cretion of the court. " 3. And be it enacted, That all acts inconsistent with the provisions of this Act be aad the same are here- by repealed. " Approved May 9, 1884." It is a well - recognised fact that wickedness prevails everywhere, and that no nation is exempt from the scourge of mankind. The legitimate object of laws is the public good, based in civilised countries upon what each country considers the highest type of civilisation. The preamble of the Constitution of the United States declares its purposes to be "to form a more perfect union, establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity." The preamble of the constitution of the State of New York is, "We, the people . . . grateful to Almighty God for our freedom, in order to secure its blessings, do establish this constitution," thereby implying that the people of the State of New York do not ignore God. The third section of this state constitution provides that " The free exercise and enjoyment of religious profession and worship, without discrimination or preference, 32 CHURCH AND STATE LEGAL SWEARING PERJURY. shall for ever be allowed in this state to all mankind, . . . but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify prac- tices inconsistent with the peace or safety of this state." Thus, it would appear that " liberty of con- science " is qualified in the United States ; and that religion does enter more or less into the social relations of the people of the United States. But the "neutral attitude" professedly assumed by the Republic has been re- affirmed by nearly all the states of the Union. Thirty-four states have set themselves free from any obligation to give Christianity aid or protection over and above any other religion. New Hampshire remains a Protestant State ; North Carolina, in 1836, sub- stituted the word " Christian " for Protestant in her constitution, and Maryland admits to office only Chris- tians and Hebrews (vide the Secre- tary's Report to the Central Commit- tee for Protecting and Perpetuating the Separation of Church and State, New York, Dec. 2, 1886). As shown in another part of this work, there were forty-four recognised religious denominations at the taking of the 1880 census ; but in addition a goodly number of curiosities in re- ligion might be mentioned, to show the credulity, the freaks of fancy, the degraded perceptions, the utter perverseness of the human mind, in religious persuasions. Besides, there is a numerous, unblushing, and loudly-proclaiming body of atheists, who, it is said, have missions through- out the United States to convert the theists. Agnosticism has a large following. Although citizens need not be Christians or believers in God, it has been reported as a fact that would-be citizens were rejected, and could not get naturalised, because they were atheists. The total mim- ber of members of the recognised re- ligious denominations is calculated to be 10,403,826, or, including claimed Roman Catholics, 17,236,780, out of a population of over 50,000,000, leav- ing a large proportion of the whole population unaccounted for as regards their religious, if any, professions. This being so, it does seem remarkable that the people of the United States should require oaths and affidavits at every step in civil and criminal pro- ceedings of all kinds, and in the ordinary affairs of life. The attention of the reader is called to this fact. The majority of Scotchmen in Scot- land have probably never been sworn, or made affidavit ; while in the United States the amount of legal swearing is perfectly appalling. The num- ber of persons authorised by law to administer oaths is enormous. They may themselves be atheists, or un- worthy Christians. The reader should consider the facility with which at least the greater part of the 50,000,000 of citizens, includ- ing many of the 17,236,780, can be presumed to accommodate their consciences, or notions of right and wrong, to partial or total perversions of truth. Familiarity is said to breed contempt, and it is notorious that there is a superabundance of perjury in the United States. According to the census of 1880, there were in the United States 43,402,970 white, 6,580,793 col- oured, 105,613 Chinese, 66,407 civ- ilised, or taxed, Indians making a total of 50,155,783 inhabitants. Of the white population, there were 11,343,005 males of twenty-one years and over, of whom 8,270,518 were native in the United States, and 3,072,487 foreign-born. Of the col- oured population, there were of the age of twenty-one years and over, 1,487,344, which included, besides negroes, Chinese, Japanese, and In- dians. In California and other Pacific states and territories, the Chinese SOME FIGURES AMERICAN WEAKNESSES. 33 form the greater portion of the "coloured," and are not voters. There was an aggregate population of 36,761,607, aged ten years and over, of whom 4,923,451 could not read; and there was an aggregate popula- tion (including white and coloured) of 6,239,958, aged ten years and over, who could not write. There were of this age 2,255,460 natives and 763,620 foreigners who could not write, and 3,220,878 coloured, includ- ing Chinese and Indians, who could not write. The number of prisoners in jails, workhouses, and penitentiaries, &c., was 58,509, of whom 45,802 were natives, and 12,807 foreigners. These figures indicate that the native- born citizens of the United States are not more literate, or less given to crime, than those in the United States who are foreign-born. There are phases of crime peculiarly rampant in the United States, fos- tered by the peculiar institutions of the country. The laws may be good enough, but they are by no means always enforced, or enforced against citizens and aliens alike, or rich and poor alike. Juries find the facts, and in many states also apply the law ; and being irresponsible, they may some- times be said to sit as legislators unto themselves for the nonce, and to shame the devil. Any one, reading with a purpose, can glean ample evidence from the newspapers showing a very general state of moral turpitude ; but then he must not believe all he reads, for the newspapers are of the earth earthy, and furnish little heavenly reading. Newspapers are business enterprises, run to yield a profit, or run to further other business opera- tions or the schemes of speculators, politicians, or other designers, for worldly purposes ; and few, if any, are unselfish, or entirely to promote the public good alone. There is certainly room for improvement a screw loose somewhere when a jury of twelve presumed honest men cannot be selected out of a less number than 600, 800, 1000 subpoenaed jurors. The weakness of American citizens where the almighty dollar is within grasp, but hedged round only by dictates of conscience, honesty, and justice, is proved by the numerous cashiers, and treasurers, and man- agers, presidents, trustees, directors, and others in positions of trust, who fill, or have filled, a felon's cell, or have become outcasts abroad, or have committed suicide ; by the aldermen of cities, and by others, indicted, or tried and convicted, of accepting bribes ; by the lobbyists and mem- bers of Congress and state legisla- tures openly charged and believed to be corrupt, giving and taking bribes ; by the extortioners and the swind- lers, by the knaves who buy sawdust for gold, or " green -goods " to impose on whom they can ; by the bunco steerers, and the horde of gamblers and stock operators ; by the water- ing of railway and other corporation stocks ; by bigamies, murders, thefts, robberies, and every other manner of getting money ; by the gullible fools who are the victims of their lust for money. It is pretty well understood that a citizen does not stop at trifles when he has an object in view and his conscience is apt to be elastic. It has been said that the pirate of the present day is the man who hires an astute lawyer as steersman, and, sailing through the meshes of the law by his audacity and unscrupulous- ness and wire-pulling, gets the ad- vantage of those who abide by the law or by conscience, or have not the nerve or opportunity to do like- wise. Newspapers are often impor- tant tools in the hands of such pirat- ical operators. The maxim that there is strength in unity is exem- plified by " rings" and " pools," &c., &c. Unum e pluribus is the American motto. The devices by which the 34 GREAT NUMBER OF ELECTION EMPLOYEES. piratical operators attain their parti- cular ends are often intricate laby- rinths of cunning. The simple methods of "freezing out" are of everyday occurrence ; also buying a controlling interest in incorporated companies, and then absorbing, or winding up. The ways are infinite to ruin competitors, or otherwise destroy them. Directors of corpora- tions are apt to have a controlling interest, and to ignore shareholders' interests if opposed to their own ; and it does happen that such direc- tors act as if they thought the share- holders should smilingly and know- ingly permit themselves to be fleeced. "He can take care of himself," is the excuse for leaving a man to his fate. It would seem as if every advantage might be taken of all not watchful or sharp enough, or of such as are incapable of taking care of them- selves ; and, of course, virulent abuse is in order if the party to be imposed upon shows resentment. It is desired to build an elevated railroad from the Battery to Harlem by way of Broad- way, Union, and Madison Squares, Fifth Avenue, and Central Park, &c., all within the city limits, and it is known that such a scheme could not be carried in a straightforward man- ner. An objectionable application for a railroad is made by one set of men, and another application for an unobjectionable railroad made by an- other set of men, and held out or supposed to be in opposition to the former. The second is reported favourably, and at the last moment there is, by manipulation, an amend- ment carried giving power to make use of streets generally, or some such ap- parently harmless clause in connection with the road to be built. After the Act is passed the original schemers show their hand, and the railroad from the Battery to Harlem is built under the general powers conferred by the apparently harmless clause. There is no desire on the part of political parties to render trickery im- possible ; and so long as the political principle is "diamond cut diamond," and political careers are machine- made and machine-guided, and there- fore partisan, the legislatures will not look after the interests of the whole community. Conviction or sentiment is made subservient to party politics. A paper read to the members of the Commonwealth Club in New York city by Mr Joseph F. Bishop, and reported in the ' New York World' of 22d March 1887, urged reforms in the method of carrying on elections, and stated some startling facts. He said that $210,000 are paid annually by can- didates for assessments, which, with the sum expended by the city, are divided among 45,000 men, or one- fifth of the entire voting population of the city. Of the men employed, between 8000 and 10,000 are hired by the city, and the others are paid by the political machines. One great effect of the assessment system is to make the city government a matter of bargain or sale. The question of the fitness of -men has been a second- ary consideration, and sometimes has not entered into the matter at all. The showing in minor offices is very discouraging. For years past every one of the successful candidates for these offices has literally bought his place. The effect of the assessments in nine out of ten cases is that it leads poor men into all sorts of efforts to get the money out of their office to enable them to meet obliga- tions ; and if they cannot get it legitimately, the temptation to suc- ceed by opposite means is very great. They must repay friends who helped them by enabling them to reimburse themselves out of the public crib. The Broadway bribery scandal was the natural outcome of the assess- ment system. So also in the legis- ELECTION EXPENSES. 35 latm-e. They must support the machines by getting "jobs " through, and voting solidly against all mea- sures for good and economical govern- ment. Here is to be seen the reason why, out of the city's twenty-four representatives in the Assembly and seven in the Senate, never more than four or five can be depended upon to oppose a job, or favour a desirable measure. In the Senate of 1885 there were five men from this city whose only business was politics ; and there were fifteen such in the Assembly. In this year's Board of Aldermen there are five liquor-dealers, eighteen political workers, and one honest man. These statements of Mr Bishop ap- ply with equal force to other cities throughout the Union, and to the workings of machine politics every- where. There must be reform. The people's true guardians are being heard, and the reform movement may take the lead for a time. Like a flock of sheep, however, the people may break away again, the devil in the lead. It is unnecessary to com- ment upon the manner of cheating a true ballot of the people by trans- planting voters, false counts, stuffing ballot-boxes, deals, and other meth- ods. But before leaving this subject, it is proper to corroborate the above statements by others of a similar im- port, uttered by a gentleman of high position in the government of New York city at this day. In an address to the Democratic Club at Harlem upon 16th March 1887, Mr Ivins, City Chamberlain of New York, said : " Important offices of honour, profit, or trust are either put up at auction or raffled away. " He said men would be nominated for office not on ac- count of ability or probity, but be- cause they were rich, and willing to buy the offices. "As far back as 1876, Tammany Hall raised $165,000 for the campaign. Why, in 1883 John Kelly was assessed $50,000 for the nomination for Register. Judi- cial nominations were bought for as high as $30,000. The nomination for District Attorney commanded $10,000 and $15,000. The mayoralty assess- ment has cost as high as $25,000." According to him, the election ex- penses in New York city in 1886, official and unofficial, reached the sum of $700,000; and he thought $1,000,000 would not cover the amount expended in the city for the expenses of the Presidential election of 1884. He said fully twenty out of every hundred voters are under pay, official or unofficial, on election days. In close and bitter elections in the city, as many as fifty-five men were , paid for their services at each of the 812 polling-places ; forty-five were paid by the organisations, and ten by the law governing the election machinery. Mr Ivins claimed that if a man was as great as Csesar or Napoleon, or as good as St Paul, he could never, under the present management of New York city politics, be nominat- ed mayor unless he had $15,000 or $20,000 to put up for the expenses of his election. He had been told that candidates for the state senate had to spend as high as $50,000 to be elected to the assembly. A Demo- crat, who had been twice elected to the state senate, had told him that his first fight cost $8000 and his second $12,000 (vide 'New York World,' 17th March 1887). It is, in the circumstances, not sur- prising that the spirit of the laws is wavering or dubious ; that the laws are not properly enforced ; that the administration of justice is not al- ways even - handed ; that the jury system is defective and unsatisfac- tory ; that the judges of the Courts of Record particularly when about to stand for re-election involuntar- ily, perhaps, swerve towards political supporters. Justices of the peace, 36 THE WAY OF THE REFORMER IS HARD. as the reader will afterwards notice, hold very important functions in con- nection with town and incorporated village government, &c., besides judi- cialcivil and criminal functions. Being for the most part unlearned in the law, they are in the habit of be- ing friendly with some lawyer, who gives them the advice required ; and as a quid pro quo, the justice of the peace, naturally enough, when one thinks of it, takes it for granted that the litigant or other party represent- ed by such lawyer must be in the right. They are also apt to look favourably on litigants or offenders belonging to their own district, in cases where the other party belongs to another town or village ; or favour the voter where the other party is not a voter, both belonging to the same district ; or where both belong to his district, favour the litigant who belongs to his political party. Mr Bancroft, in his ' History of the Con- stitution of the United States,' gives the reasons which led to the appoint- ment of justices of the Supreme Court of the United States, and other United States judges, for life or dur- ing good behaviour. The United States justices are not elected by ballot. The judges of the several state courts are elected in various ways and for various terms ; but their tenure of office is dependent either upon retention of popularity, or their usefulness as tools to the political machine or dominant politi- cal party, or even to their obedience or subserviency to corporation dic- tates. But there are many upright and able judges. The more one knows of the intricacies of society in the United States, the more apparent is the need of Law and Order and such- like Societies or Associations, which are not necessarily incorporated, formed to insist upon the enforce- ment of the laws, and get proper laws passed by the Legislature, &c. It is a sad commentary upon the state of affairs, but it is true that the members of many such societies are in fear and trembling, and are only secret supporters of the move- ment. They may help with money, but dare not avow the connection, lest their popularity should suffer or they should meet with harm. In- dividuals count for little, if any- thing, in such a battle. It requires money, patience, tact, perseverance, and united efforts of many to avail much. A single individual may raise a momentary sensation ; but the wicked wave soon drowns him past redemption, or covers him, however pure, and he emerges filthy -looking, and is shunned or pitied and left alone. It is curious, but the case, that a law may be enforced in one county and not in the adjoining county ; that what is held perfectly comme ilfaiit in one part of the state, is in another part punished as a misdemeanour or crime. "The un- alienable rights of life, liberty, and the pursuit of happiness " of one citizen, according to his interpreta- tion of them, entitle him to encroach upon the similar rights of another citizen ; and there is no doubt the law favours the aggressor, or is per- mitted to favour the aggressor, and the victim, as a rule, can get little sat- isfaction by an appeal to the law for protection or for redress. The vic- tim may reason that it would be a waste of time, trouble, and good money to seek redress ; and that, supposing he did get judgment, he should not be able to collect any- thing. It is so easy for a man to leave the state or put his property safe where it cannot be levied on. Lawyers are never wanting ; but they are always wanting they are raven- ous as wolves and sly as foxes. And yet they are not all so. But it is a melancholy look-out, usually, for a man involved in litigation. The law LAW-ABIDING CLASSES AT A DISADVANTAGE. 37 is for the rich, and permits the rich to exhaust the poor man and to swin- dle him, because he is poor or with- out friends, or has no political influ- ence. A crime is committed, and an appeal to the law may actually bring worse evil. For example, a stranger is robbed. The culprit is appre- hended, indicted, gives bail, and is released. The stranger has to give security that he will appear to pro- secute ; cannot give it, and is locked up in the house of detention. Months, possibly years, elapse ; and all this while the stranger lingers in confinement. The culprit enjoys his freedom, and the matter is forgotten until the culprit dies. This event entitles the stranger to his freedom, and he gets his liberty, possibly the culprit might have been dead or have left the state for years before the stranger gets his freedom. Through being kept in confinement, the stran- ger cannot attend to his business, and his prospects may be ruined. Such was the fate of an immigrant not very long ago. The friends of the culprit often resort to strange methods to spirit away, pacify, or bulldoze the private prosecutor ; and witnesses are tampered with, and jurors are apt to be weak as water, and judges and prosecutors of the pleas may be politically fettered. Sometimes private prosecutors and witnesses need police protection, and even to be kept beyond any one's reach. It has been stated that there are in New York city 6000 indict- ments which might and ought to be tried, but from one cause or another are hopelessly pigeon-holed. What- ever the state of the country was be- fore the civil war, after the civil war, and during ten or fifteen years following the disbandment of the armies, there was a kind of moral chaos surging over the sound heart of the nation. Slowly but gradually the good elements of the community have been getting again into subjec- tion the baser, and the sediment has settled somewhat to the bottom, and the festering moral sores are not so visible and not so offensive. Much has still to be done ; but the Chris- tian men and women and the faithful pastors have worked hard and con- stantly, and their struggles for right- eousness' sake are yielding much fruit. The heart of the people is sound, but the surface shows many ulcers. Within the last few years the worst sort of socialism, anarchism, com- munism, and other monstrosities of man's evil nature have been import- ed from Europe, and have taken root and thriven. But the people will in time crush the evil out of them. The usefulness of trades-unions is acknow- ledged, but the evils have not yet been pruned off them ; so that the unions are at present very apt to be instruments of tyranny, wielded by self-serving or evil-designing dema- gogues. The Knights of Labour or- ganisation is an ambitious attempt to overthrow natural laws, and place the centre of gravity in the head. As the reader will discover, there are town and village elections held in each year at a different time from the general elections held in Novem- ber. Every fourth year are the Presidential elections, which are more or less kept in thought during the whole interval ; and from year's end to year's end there is more or less electioneering work done. With- out discussing whether such a course of political diet is conducive to the pursuit of happiness or other unal- ienable rights, it is in place to quote such a leading article as the follow- ing, viz. : " One day's news of corruption. The general subject of political cor- ruption has become very tiresome, but the variety of its manifestations just at the present is rather interest- ing, and it is instructive to note how 38 GENERAL CORRUPTION. many instances can be found re- ported in the single issue of a daily newspaper. After the reader has as- certained the stage of progress in the trial of ex-Alderman Cleary in this city, he will find in another column an account of the advance made by the prosecuting attorneys upon the works of the Chicago corruptionists. "He may then cast his eye on an item from Arizona, noting the sale and delivery of the work of the ter- ritorial legislature to the railroad corporations. This body was elected on a reform ticket for the suppres- sion of transportation abuses, and then sold out to the parties its business was to oppose. In yet another part of the paper he may find the offer of a responsible party to prove to the Nebraska House of Representatives that its Judiciary Committee, or the majority of it, is under contract for $5000, more or less, with Omaha gamblers to defeat a bill interfering with their business. He also will supply the House with the facts relating to other corrup- tion. An investigation committee has been appointed to sit in secret session and learn the names of the bribed members. "In another column of the same issue the reader will be entertained by the testimony of a Cincinnati contractor's book-keeper, with refer- ence to the manner in which he made out his employer's accounts against the city. This is really unique. The young man construct- ed the bills entirely out of his im- agination, the only restriction being that no one bill should be over $500, and that none of them should be dated on Sunday. He appears to have exercised his ingenuity alto- gether on the cents, as the dollars were at once fixed at $499. Bills of this character, representing no work done whatever, were allowed and paid by the authorities to the amount of $6000. And this is only a part of the whole, of course. The newspaper will further present the proceedings of the Brooklyn investigators. " Honest people will shake their heads at all this, and wonder what the country is coming to. Having done this, they will serenely go about their business and leave poli- tics to the pot-house. It is very funny that none but pure men are in office, isn't it ? " ( ' New York World,' 16th March 1887.) The path of the reformer is in the United States peculiarly difficult. Very few care to face the storm single-handed. Even the Law and Order Societies are often semi-secret, and members do not particularly like their names to be openly dis- closed. They feel themselves to be in the minority. In the country, it is often said by excellent men, "Oh, that is a perfect disgrace, it is against the law ; but it does not interfere with me. I think I can stand it." And he does, because he does not like to antagonise the ma- jority and make himself unpopular. But woe betide an unpopular man if he does aught not congenial to the ideas of any set which chooses to judge him. He may be "rail- ridden" or "tarred and feathered," "whipped," "shot in the legs," "forced to leave the neighbourhood on a few hours' notice," perhaps "mutilated," "assassinated," per- haps ' ' lynched. " The easy-going con- sciences of the citizens permit them to smile and say "Served him right." Many inexcusable outrages are thus committed with impunity, as the vic- tim can get neither civil nor criminal redress. Such doings would not occur if the laws were respected. The per- petrators surely ignore the unalien- able rights of the American citizen ! Newspapers are business enterprises and dependent upon popular favour, and it does not always pay to de- DIRT-THROWING, ETC. SCENE IN THE NEW YORK. ASSEMBLY. 39 nounce such occurrences too much or give things their right names. But there are some noble exceptions, which are guided by a higher wisdom than the low or average tone. Scan- dal and evil reports fly fast and far, and, like rolling snowballs, gather as they go. The telegraph and the print- ing-press are common instruments for belittling and defaming good men and women. It is a well-practised policy to sow the seeds of discord or to blacken a good character with calumny. There is a man you want to ruin ? Well, spread some false- hoods, and employ private detec- tives ; start some story in a news- paper ; get your friends to boycott him, and give the police a hint to watch him ; and, a further refinement, get him made the object of private ridicule, and afterwards of caricature or ridicule in newspapers. A good wife is to be got rid of? Well, adopt the same tactics. In litiga- tion, the sworn stenographer of the court can manipulate, and the party is at his mercy, as he has not heard the notes read or signed a written-out copy of them. The weight given to unrevised stenographer's notes can be a source of injustice. There is always a tendency on the part of counsel not to expose an incompetent stenographer. There is no difficulty in finding tools in the United States for any purpose, good or bad, but there is often much difficulty in selecting good tools for a good pur- pose. In this connection, it may not be out of place to give certain parts of the reports in the ' New York World' of 17th, 18th, and 19th March 1887, of the proceedings in the House of Assembly at Albany. Mr C objected to the bill, and let loose a floodgate of indignation, while the House laughed. " I see nothing ridiculous in the bill," he said. " I wish you would characterise in proper terms the conduct of those men who come here with bills to extort money from corporations. This is what many of the Democrats seem to be here for. The bills are silly, and are offered for no other purpose than to extort money." The next bill was brought up, and in the course of the discussion Mr M'K replied in a manner that won the sympathy of the house. "I have served for twenty years with such houses as A. T. Stewart and H. B. Claflin & Co.," he said, "and this is the first time my motives have been impugned. I will not allow the chairman of the Railway Committee to cast a stone against an honourable record." An- other bill was reported on adversely. Mr A declared that he championed the bill because it was just. He had heard from the press of the state, however, that nothing good could be expected to come from the Railroad Committee, because its chairman was a corporation lawyer. Later, young J took the floor. He had listened patiently, he said, to the attacks which the Republicans, particularly Mr C , had made upon the De- mocrats. There was one thing, how- ever, that Mr C had not said, and that was that a combination of six influential Republicans, whom corporations had employed to protect their interest, were not Democrats. " I thank the gentleman," he con- tinued, "that the gentleman from New Orleans, Mr C , has not said there were Democratic committees made up by a Democratic Speaker, that were controlled by corporations. I do not impugn the motives of any person or committee, or even censure the judgment of the committee, but I would call attention to the striking coincidence that every bill affecting railroad corporations which will grant an additional franchise, or which begins with the word 'authorise,' or which shuts up the commerce of the Harlem River six hours every day 40 ST PATRICK'S DAY IN THE NEW YORK ASSEMBLY. in the interest of the Harlem Rail- road, or which- resurrects defunct franchises, comes out of that com- mittee invariably with a prompt and favourable report ; while every measure which restricts the limits of corporations is promptly strangled, or declared a strike. The committee seem to think a favourable report is necessary for every favourable bill, and that an adverse report is neces- sary on every adverse bill. That course has been pursued with un- varying monotony." St Patrick's Day was celebrated in the assembly by a shindy that would have done credit to Donnybrook Fair in its palmiest days. Every one, from Speaker H down, was adorned with emblems of the day, some with strips of green ribbons, others with green rosettes attached to their buttonholes, while the more favoured ones disported the genuine shamrock, distributed by the generosity of Sen- ator M , whose desk was orna- mented by a beautiful floral testi- monial fresh from an admiring friend in Ireland. The Democrats came to the Capitol with sprigs of green in their coats and fire in their eyes. Mr S took the floor. The House, he said, had seen the efforts of a young and ill-tempered young gentle- man from New York, who, under the mask of great respectability, at- tacked the bills and impugned the motives of colleagues from New York. Because he dwells under the cloak of being the son of a noted minister, he believes he is entitled to greater privileges than other mem- bers of the House. He had unjustly assailed his fellow-members, men who were as pure and just as respected as the member from New York. "Does the gentleman really mean that?" said Mr C , who had twice before interrupted the speaker. " Certainly he does," chipped in a Democrat. Continuing, Mr S said, ' ' But it has been my experience that men who pose as reformers, as models of the community, are the men whose motives should be watched, and who will not bear watching. If the gen- tleman is such a paragon of virtue, why did he introduce the bill which permits the Baltimore and Ohio Rail- way to confiscate one of the piers of New York city ? " (Here Mr C smiled, while the Democrats laughed derisively.) Resuming, Mr S said, "His (C 's) motives should be watched. I say this deliberately and unreservedly. The men referred to by him are as honest and pure, and just as respectable, as the young reformer from New York. The time has come when the House should either reprimand the young but very indiscreet member or force him to retract." Subsequent to much excited talk, a special committee of three was ap- pointed to report the stenographer's notes to the House on Mr C 's speech of yesterday and to-day, with that of Mr J 's of yesterday. It was discovered that the regular sten- ographer, who draws $1500 a-year, and is appointed by the House, had been very neglectful of his duties. This year he had substituted his partner, who became sick the other day, and since then the work had been performed by a boy. The lat- ter, the committee discovered, had not only failed to take down Mr C 's speech, but had actually failed in reporting Mr J 's as well. Next day the committee re- ported that, owing to the absence of the official stenographer, "the act- ing stenographer had not taken the speeches of Messrs C and J in full. The relics of them, which the stenographer submitted with the report, were disgraceful to the House, as they were ridiculous." There was a roar when Mr C 's alleged speech DEBTORS AXD CREDITORS. 41 was read to the House. But when Mr J 's remarks, as reported by the stenographer, were made known, the entire House burst in laughter. Ideas that he never thought of, ex- pressions that he never uttered, and words which he could not have used with any semblance of intelligence or appropriateness, were charged against him, until the brilliant young orator slunk deep into his chair, and a series of blushes spread over his face at the humiliation of having his name ap- pended to such stuff, and his voice was not heard during the day. A truce was patched up ; but the re- sult might have been different had the stenographer's report been correct. There is now no national bankrupt law. For several years one was in force, but did not prove satisfactory. Chancellor Kent, in his ' Commen- taries on American Law ' (vol. ii. p. 341), says: "The objection to a na- tional bankrupt system consists in the difficulty of denning, to the sat- isfaction of every part of the country, the precise class of debtors who can, consistently with the constitutional jurisdiction of Congress over the sub- ject, be made the objects of it ; and the great expense, delay, and litiga- tion which have been found to attend proceedings in bankruptcy; and in the still more grievous abuses and frauds which the system leads to, notwithstanding the vigilance and integrity of those to whom the ad- ministration of the law may be com- mitted. Each state may have bank- rupt and insolvent laws ; but the discharge under a state law does not discharge a debt due to a citizen of another country, who has not made himself a party to a proceeding under the law. It only operates upon con- tracts made within the state between its own citizens or suitors, subject to state power. One state has no power to discharge debts due to citizens of another state." Mr J. L. Bishop, in his work on ' Insolvent Debtors, in the state of New York ' (2d edition), says : "It cannot be doubted that, in the absence of a bankrupt law, or some statutory inhibition, a debtor, while he is administering his own affairs, may honestly prefer the pay- ment of one debt to another. He may indeed apply all his property to the payment of one debt, if the debt be one for which he is justly liable, and the property be no more than sufficient to pay it, without the im- putation of fraud." " A debtor, after a verdict against him, and previous to the entry of a judgment thereon, may lawfully give a preference to a creditor by conveying to him real estate in satisfaction of a bond fide debt." "In many of the states preferential assignments are prohib- ited by statute, but in none has the rule at common law, as above stated, been denied." There is no doubt that creditors are, more or less, at the mercy of debtors, whose facilities for fraudulent management of their insolvent estates are great and easy. Wives may be very useful upon occa- sion, and are often made use of by debtors. The amount and nature and values of personal property ex- empt from execution, and the size and value, &c. , of homesteads, vary in the different states. A judgment- creditor may be unable to collect any- thing, while the judgment-debtor de- fies him to do his worst, and lives in comfort, while his judgment-creditor may be in the direst distress unable to get employment, unable to get money to buy the necessaries of life. Landlords may have hard times with their tenants who fall into arrear in payment of the rent. The tenant may remove his exempt property, which may be all he owns, and then, vacating the house or farm, laugh at the landlord. What is not exempt may belong to the wife, or be said to belong to her, or to a third party, 42 MERCANTILE, ETC., AGENCIES. and the landlord is helpless, unless he risks a suit for damages. Where there is doubt as to any surplus over the amount exempt from sale, the landlord or judgment-creditor is on dangerous ground. Though the ten- ant should pay monthly in advance, whether or not there be a written lease, he may at any time move off the premises, and laugh at the land- lord ; who, by the treachery of his tenant, may find himself with the house, garden, farm, &c. , on his hands, and the time for letting past. There are many mercantile agen- cies, protective associations, and other societies having for their ob- ject the collection and diffusion of private information regarding the financial standing, business reputa- tion, &c., of all individuals, firms, associations, corporations, &c., or of those in a particular branch of busi- ness. Such information is given to subscribers for a term, or to a party wishing information regarding a par- ticular individual, firm, &c. , who pays a certain fee. The information furnished is confidential. Certain mercantile agencies have printed books stating the business, ratings, &c., which are issued confidentially to subscribers, to be returned when the subscription expires, or in ex- change for a later edition. The correspondents of these agencies are very numerous, scattered throughout the United States and elsewhere, and the organisation has been so per- fected that changes in ratings, ru- mours of financial embarrassments, judgments entered, &c. , &c., are for- warded as occurring to headquarters, and at once communicated to regular subscribers. Merchants and others combine to act as self -protectors, and naturally listen to all rumours. Busi- ness could not be conducted in the way it is if those conducting it had not the information these agencies supply. The amount of espionage into other people's affairs is very great. Injustice and black-mailing do of course sometimes occur; but the first-class agencies have, through ex- perience, learned to sift thoroughly information received ; and it would injure their business standing were they to be parties to black-mailing tricks. Even the learned professions are subjected to the ratings of self- constituted judges. The publishers of one Directory, according to a cir- cular sent to lawyers in 1887, claim to give " careful and accurate ratings for legal ability, worth, reliability, &c., &c. , &c., of over 60,000 lawyers in the United States and Canada, and to be to the legal profession what Dun's and Bradstreet's books are to the merchants." There are five grades for legal ability, five for reliability, and nine for financial worth the highest rating being "over $100,000," the lowest, "no financial worth " and eight ab- breviations, indicating special lines of practice. The price of the volume is $10, and the number published bien- nially is limited to actual subscrip- tions at the date of printing. The subscriber is requested to give in the order to the publishers such rating as he deems himself entitled to, which "will enable the publishers to compare his views with the report they have of him ; and when the discrepancy is wide, they will make farther investigation, thus avoiding the danger of doing him injustice." The order also provides : ' ' And it is understood and agreed that . . . a private key will be supplied to the undersigned, separate from the Direc- tory, which the undersigned agree to treat confidentially, and use for own private use only, and not divulge its meaning to any one else, and to make no copy of it ; and for any violation of this agreement to be answerable for all damages resulting either to the publishers or to any MARRIAGE AND DIVORCE. attorney rated in said Directory ; and to forfeit both key and Direc- tory. No key will be furnished unless this agreement is signed." The marriage and divorce laws in operation in the several states are very complicated, each having its own system independent of all others. In a number of states, marriage be- tween first cousins is forbidden, and even declared incestuous and void in some of them. In many states, mar- riages between whites and persons of negro descent are prohibited and punishable. In Arizona and North Carolina, marriages between whites and Indians are prohibited ; and in Arizona, those between whites and Chinese also. In New Jersey and Ohio, males under twenty-one years and females under eighteen years re- quire the consent of parents or guar- dians to the marriage. A marriage between a male of fourteen and a female over twelve years of age is in Massachusetts legal, even with- out the consent of parents. The age of legal consent varies in the several states. In Maryland, only an ordained minister can tie a legal marriage. In New York, New Jer- sey, New Mexico, Montana, and Da- kota, marriage licences are not re- quired, while in all the other states and territories they are necessary. Civil marriages are contracted in terms of special laws of the state or territory. In Missouri, parties who cohabit and represent themselves as husband and wife are presumed to be married ; and where parties of the age of legal consent agree in express terms with each other to be husband and wife and cohabit, there is a valid marriage. In California, marriage is declared to be a civil con- tract, and consent, followed by cohab- itation, &c., is all that is necessary. In South Carolina there are no divorce laws. Absolute or full divorces are grant- ed for cause in all the other states and territories. The length of resi- dence in the state or territory before the action for divorce can be brought varies, and may be ninety days, six months, and one, two, or three years, as the case may be. Adultery is a cause for divorce everywhere except in South Carolina. In New York, an absolute divorce is granted only on the ground of adultery. Wilful desertion for one year in certain states and territories, for two years in others, for three years in still others, and for five years in Virginia, is cause for divorce. In all the states and territories except eleven, "ha- bitual drunkenness " is a cause for divorce ; and so, " imprisonment for felony " or " conviction of felony," in all except eleven. So, "cruel and abusive treatment," "intolerable cruelty," "extreme cruelty," or "in- human treatment," in all except eleven ; so, failure to provide for one, two, or three years, as the case may be, in six states, for no time specified in four other states ; ' ' great neglect of duty," in Kansas ; wilful neglect for three years, in Delaware ; so, fraud and fraudulent contract, in six ; so, absence without being heard of, in New Hampshire ; absence for two years, in Tennessee ; seven years, in Connecticut and Vermont ; ab- sence without reasonable cause for one year, in Missouri ; separation for five years, in Kentucky ; volun- tary separation for five years, in Wisconsin ; so, ungovernable temper, in Kentucky ; ' ' habitual indulgence in violent and ungovernable temper," in Florida ; " such indignities as make life intolerable," in Missouri and Wyoming ; ' ' indignities as ren- der life burdensome," in Oregon and Pennsylvania; so, "husband notori- ously immoral before marriage, un- known to wife," in West Virginia; " fugitive from justice," in Virginia ; " gross misbehaviour or wickedness," 44 MARRIAGES OF DIVORCED PARTIES. in Rhode Island ; " attempt on life," in Illinois ; " refusal of wife to move into the state, " in Tennessee ; " men- tal incapacity at time of marriage," in Georgia; "three years with any religious society that believes the marriage relation unlawful," in Mas- sachusetts ; "joining any religious sect that believes marriage unlawful, and refusing to cohabit six months," in New Hampshire ; " parties cannot live in peace and union," in Utah ; " settled aversion which tends to permanently destroy all peace and happiness," in Kentucky. The con- current verdict of two juries at dif- ferent terms of the court, is in Georgia necessary to the granting of an abso- lute divorce. The law varies in the different states as to the right of both or either of the divorced parties marry- ing again. In four states there are no restrictions ; in one, the defen- dant must wait two years and obtain permission from the court ; in one, the decree of the court may restrain the guilty party from remarrying ; in one, the parties cannot remarry until after two years, except by per- mission of the court ; in one, the de- fendant cannot remarry during the plaintiffs lifetime, unless the decree is modified, or proof that five years have elapsed, and that the plaintiff has married again, and defendant's conduct has been uniformly good. Marriage in violation of this is pun- ishable as bigamous, even though the plaintiff had married again. As a rule, each state refuses to recognise as valid a divorce against one of its citizens by the court of another state, unless both parties to the suit were subject at the time to the juris- diction of the court granting the divorce. In Kansas, a divorce ob- tained in another state which forbids the defendant to remarry, is ground for the defendant to obtain a divorce in Kansas ; so if a divorce has been obtained in New York, and the plain- tiff becomes subject to the jurisdic- tion of the courts in Kansas, where the defendant is a citizen, a divorce obtained in Kansas by the defendant in the New York proceedings would have to be recognised in New York, and this defendant could not be pun- ished for remarrying in New York. Polygamy and polyandry are per- mitted in New York in certain cases. Thus, after five years' desertion by either party, the party deserted, if without knowledge that the party deserting is alive, may marry again ; and this second marriage is valid, even though the party deserting re- turns. The second marriage may be declared void, but only from the date of the decree by a court of compe- tent jurisdiction upon proper peti- tion ; but if no such petition is made, and all parties are satisfied, one hus- band may live in lawful wedlock with two or more wives, and one wife with two or more husbands. The children would inherit, and both wives would be entitled to dower. (The writer is indebted to the ' New York World Almanac ' for 1887 for the greater part of the above syn- opsis. ) It has been said that there are 28,000 divorces granted annually in the United States one to every six- teen marriages. In an article on "Marriage and Divorce," appearing in the ' North American Review ' for July 1884, the Hon. ex -Justice Noah Davis of the New York Bench said : "In considering the subject of divorce, the interests of society are first and paramount ; those of individuals are subordinate and secondary. . . . Our present systems are barbarous and degrading. They have led to a large increase of divorces in proportion to marriages. In some states the ratio has advanced from, say, one in thirty- five to one in ten ; in some to one in six, and in some cities the proportion COMPLICATED DOMESTIC RELATIONS. 45 is even greater. It is safe to say, says one writer, that divorces have doubled in proportion to marriages in most of the Northern States, attribut- able to the difference of statutes and modes of procedure, the percentages of increase being largest in states fur- nishing the readiest facilities as to grounds of divorce, and the ease and cheapness of obtaining decrees. . . . It is possible, under our present laws, that a husband and wife may rise from their lawful bed in the morning bound by the bonds of matrimony to each other, and each lie down at night of the same day the lawfully wedded husband or wife of another party. . . . But if this can be done by wil- ling parties, what cannot be done by fraudulent ones ? . . . But the great- est evil in this country grows out of the differing laws of the several states touching the grounds and effect of divorce. . . . It is a monstrous truth that a person can quit the state of his residence, and, leaving his wife and children behind, in a brief time obtain, in the courts of another state, a decree of divorce entirely valid in that state, but absolutely void in the courts of other states. His remar- riage is lawful there ; it is felony else- where, and his guilt or innocence depends upon which side of an ima- ginary state line he happens to stand. This would be less important if the status of his wife and children, past, present, and future, were not to be seriously affected by the decree. Let me illustrate. " A is married in New York, where he has resided for years, and has a iamily, and is the owner of real and other estate. He desires divorce, and goes to Indiana, where that thing is cheap and easy. Upon complying with some local rule, and with no actual notice to his wife, he gets a decree of divorce, and presently is married in that state to another wife, who brings him other children. He again acquires new estates ; but, tir- ing of his second wife, he deserts her and goes to California, where in a brief space he is again divorced, and then marries again, forming a new family, and acquiring new real and personal estates. In a few years his fickle taste changes again, and he re- turns to New York, where he finds his first wife has obtained a valid divorce for his adulterous marriage in Indiana, which sets her free, and forbids his marrying again during her lifetime. He then slips into an eastern state, takes a residence, ac- quires real property there, and after a period gets judicially freed from his California bonds. He returns to New York, takes some new affinity, crosses the New Jersey line, and in an hour is back in New York, enjoying so much of his estate as the courts have not adjudged to his first wife, and gives new children to the world. At length his Master takes him. He dies intestate. Now, what is the legal status and the condition of the various citizens he has given to our common country ? and what can the states of their birth or domicile do for them ? " A few words will show how diffi- cult and important these questions are. The first wife's children are doubtless legitimate, and heirs to his estate everywhere. The Indiana wife's children are legitimate there, but probably illegitimate everywhere else. The California children are legitimate there and in New York (that marriage having taken place after the first wife had obtained her divorce), but illegitimate in; Indiana and elsewhere ; while the second crop of New Yorkers are legitimate in the Eastern States and New York, and illegitimate in Indiana and California. There is real and personal property in each of these states. There are four widows, each entitled to dower and distribution somewhere and to 46 RATIO OF DIVORCED PARTIES TO THE ADULT POPULATION. some extent, and a large number of surely innocent children, whose legiti- macy and property are at stake. All these legal embarrassments spring from want of uniformity of laws on a subject which should admit of no more diversity than the question of citizenship itself." When it is considered that Roman Catholics are forbidden by their Church's tenets to get divorced, the percentage of divorces among other than Roman Catholics must be greater than that mentioned. But though Roman Catholics do not get divorced it does not follow, necessarily, that there is greater virtue among them. 28,000 divorces in one year mean 56,000 persons divorced in one year. Suppose the population of the United States to remain at 50,000,000, and the number of divorces to be annually 25,000, there would in twenty years be 1,000,000 of divorced persons, less the number who might have died, and allowance made for those who may have been divorced more than once, which can be approximated by the reader. The question is, what the ratio of divorced persons to the adult population is ? In 1880, out of a population of 50,155,783, there were 11,343,005 white and 1,487,344 coloured voters, making together 12,830,349, so that the number of citizens, male and female, of the age of twenty - one years and upwards who had been divorced, might not unreasonably be calculated to be one to every twenty-five of those of the age of twenty -one years and up- wards. But what is the proportion of married to unmarried men ? Are unmarried men more virtuous than married men? Are unmarried fe- males all chaste in the United States ? The more one thinks, the more ap- palling seems the existing state of affairs. And what a school to rear the young in ! No wonder the young American does not respect seniors. No wonder young Americans are pre- cocious. It was reported from Georgia that a magistrate was called in to perform a marriage ceremony. He found about fifty school children, and learned that the bride and groom were of the number, a boy aged fourteen and a girl aged fifteen years. The boy on his first visit to the girl had asked her to be his wife ; on his second visit her mother was con- sulted ; and on his third visit he got the father's consent. His own father violently opposed the marriage. There was no licence, as the boy had not the money to get one ; but the other school children then present managed among themselves to collect enough, and the licence was got ; and the magistrate thereupon made the boy and girl hus- band and wife. A bright little Ken- tucky girl of forty-five inches in height, and known to be only seven years, four months, and fifteen days old, was married to a man of seventy years of age by an old preacher. The latter case was brought to the notice of the grand jury. The curiosities, so to speak, in marriages and in divorces, laid out in the most attrac- tive form in the columns of news- papers for the public, old and young, and of both sexes, to read and take pleasure in reading, are very numer- ous and very startling, and, to the thoughtful, very suggestive of the times. Then, as additional relishes, there are the exciting reports of elopements, the fullest details of divorce suits, and the whole entrails of sensuality, with embellishments to make them palatable to the depraved morality of the times. The news- papers are also full of reports of all other forms of nastiness, the works or thoughts of wicked men and women and children. Such is the morning chapter, so different from that which the sturdy old patriots of a hundred years ago, and the still older Puritan and Huguenot fathers UNIONS, SOCIETIES, ASSOCIATIONS, CLUBS, ETC. 47 and pilgrims, taught their children was proper to be read. But the his- tory of the Roman Republic may be repeating itself in the United States ; and there is the case of the Israelites related in 1 Samuel, ch. viii. : "Be- hold, thou art old, and thy sons walk not in thy ways : now make us a king to judge us like all the nations. But the thing displeased Samuel, when they said, Give us a king to judge us. And Samuel prayed unto the Lord. And the Lord said unto Samuel, Hearken unto the voice of the people in all that they say unto thee : for they have not rejected thee, but they have rejected me, that I should not be king over them. According to all the works which they have done since the day that I brought them up out of Egypt even unto this day, in that they have forsaken me, and served other gods, so do they also unto thee. Now therefore hearken unto their voice : howbeit thou shalt protest solemnly unto them, and shalt show them the manner of the king that shall reign over them." There are some American citizens desirous that a king should reign over the United States ; they are not a few. Brief mention only need be made of the fact that, during the last few years, socialists', anarchists, and the worst types of the human race, have planted their standards in the United States, and are desirous of moulding the republican institutions after their own fashion. Knights of Labour, trade - unions, and innumerable so- cieties are organised and in full operation. It might seem as if "castes" were forming, of a some- what similar description to those in some Asiatic countries. The re- spective labour unions seek to pre- vent all not members to work at the particular trade. Like political or- ganisations in the United States, the machinery of the several labour or- ganisations is generally in good and, so far as can be, effective working order. The discipline of members is rigorous, the submission full, the obedience blind. Mutiny is not common. The number of other so- cieties, associations, and clubs some for good, some for bad, some for ex- ecrable, and some for mixed purposes is very large. Many of them are secret. Freemasonry is quite a power. The number of musicians, not all of perhaps the highest order, is very surprising ; and processions and parades of all kinds are favourite occupations or amusements. Some- how, when a procession or parade is passing, the ancient ballad of the Highland clan having ' ' four-and- twenty men, five-and-thirty pipers," comes to mind. On Decoration Day, when the Grand Army of the Re- public veterans turn out, and on other occasions, the number of bands, most of them in gay and distinctive uniforms, seems to be countless. It is impossible in this work even to attempt to explain all the merits, and they are many and great, of some of these unions, societies, associations, clubs, and other organisations, and equally so to denounce in proper terms the objects of others of them. But an exception is made in the case of the Grand Army of the Republic. The Grand Army of the Republic is composed of the soldiers and sailors and honourably discharged soldiers and sailors of the army, navy, and marine corps of the United States who have consented to this Union, having aided in maintaining the hon- our, integrity, and supremacy of the National Government during the late Rebellion. Members, except when holding office, are addressed only as " comrade." The organisation is es- sentially military ; and courts-martial may be held on offending members. The present (1887) total number of members may be about 350,000. It 48 GRAND ARMY OP THE REPUBLIC ORGANISATIONS. is a permanent association for the fol- lowing objects, viz. : 1 . To preserve and strengthen those kind and fraternal feelings which bind together the soldiers, sailors, and marines who united to suppress the late Rebellion, and to perpetuate the memory and history of the dead. 2. To assist such former comrades in arms as need help and protection, and to extend needful aid to the widows and orphans of those who have fallen. 3. To maintain true allegiance to the United States of America, based upon a paramount respect for, and fidelity to, its Constitution and laws ; to discountenance whatever tends to weaken loyalty, incites to insurrec- tion, treason, or rebellion, or in any manner impairs the efficiency and permanency of our free institutions ; and to encourage the spread of uni- versal liberty, equal rights, and jus- tice to all men. The organisations of the Grand Army of the Republic are 1. Precinct organisations, known as Post No. , Department of (state or territory), Grand Army of the Republic. But no post shall be named after any liv- ing person ; and not more than one post in a department shall adopt the same name. The name has to be approved by the department com- mander. 2. State organisations known, as Department of , Grand Army of the Republic. 3. A national organisation, known as the National Department of the Grand Army of the Republic. Soldiers and sailors of the United States army, navy, or marine corps, who served between April 12, 1861, and April 9, 1865, in the war for the suppression of the Rebellion, and those having been honourably dis- charged therefrom after such service, and of such state regiments as were called into active service and subject to the orders of the United States general officers between the dates mentioned, are eligible to member- ship in the Grand Army of the Re- public. No person is eligible to membership who at any time bore arms against the United States. A post may be formed by the authority of a department command- er, or of the commander - in - chief (when no department organisation exists) on the application of not less than ten persons eligible to member- ship in the Grand Army of the Re- public ; and no post is recognised by the members of the Grand Army of the Republic unless acting under a legal and unforfeited charter, which is signed by the commander-in-chief and countersigned by the assistant adjutant-general of the department within which the applicants for it reside. Posts rank according to the date of the respective charters. Ap- plications for membership have to be made in writing, and the candidates are put up for ballot. Two black balls in the first twenty balls cast, and one in every subsequent twenty exclude. Those elected have to pre- sent themselves for muster within three months from the date of their election. All members of the post in good standing are eligible to any office in the Grand Army of the Re- public. Each post may elect a trus- tee, or not over three trustees, as trustees of the post ; and the same number as trustees of the Relief Fund. The officers of the post are elected by ballot, and are a post- commander, a senior and a junior vice-post-commander, an adjutant, a quartermaster, a surgeon, a chaplain, an officer of the day, an officer of the guard, a sergeant-major, a quarter- master's-sergeant. At the first stated meeting in December each post an- nually elects, from its own members, representatives and an equal number DEPARTMENTS AND NATIONAL ENCAMPMENT OP THE G.A.R. 49 of alternates to the department en- campments. Posts may adopt by- laws not inconsistent with the rules and regulations of the Grand Army of the Republic or the by - laws or orders of the national and depart- ment encampments. Not less than six posts of the Grand Army of the Republic in any provisional depart- ment may be organised as a depart- ment by the commander - in - chief upon their application. Each department is governed by a department encampment subor- dinate to the national department, and consists of (1) the department- commander and past - department- commanders ; (2) all the post-com- manders for the time being through- out its jurisdiction (in the absence of the post - commander the senior or junior vice-post-commander may rep- resent the post) ; (3) members select- ed by ballot by the several posts in such ratio as may be determined by a two - thirds vote of the members present, and voting at any previous annual encampment. Alternates may be likewise chosen. The officers of each department are elected by bal- lot, and are a commander, a senior and a junior vice - commander, an assistant adjutant-general, a quarter- master-general, an inspector, a judge- advocate, a chief mustering officer, a medical director, a chaplain, and a council of administration consisting of the above-named officers and five members elected. The department can adopt suitable by-laws. Repre- sentatives to the national encamp- ment are chosen from comrades of the department. All members have the right of appealing through the proper channels from the acts of post or post-commanders and department- commanders or encampments to the next highest authority, and to the commander-in-chief, whose decision is final, unless reversed by the na- tional encampment. The supreme power of the associa- tion is lodged in the national en- campment, which is composed of (1) the commander - in - chief, past com- manders - in - chief, and past vice- commanders-in-chief, so long as they remain in good standing in their re- spective posts ; (2) commanders, vice - commanders, and assistant ad- jutants-general of the several de- partments, and the commander and assistant adjutant -general of each provisional department for the time being (for whom no proxy or sub- stitute can act) ; (3) of past de- partment commanders who have served for a full term of one year, or who, having been elected to fill a vacancy, have served to the end of the term, so long as they remain in good standing in their several posts ; and (4) representatives at large from each department, and one represent- ative from each 1000 members of good standing therein, and one addi- tional representative for a final frac- tion of more than one-half of that number. Any department having less than 1000 and more than 500 is entitled to one representative in addi- tion to one representative at large. Alternates are likewise elected. Cre- dentials are signed by the comman- der-in-chief and assistant adjutants- general. All members in good stand- ing are eligible to any national office in the Grand Army of the Republic. The national officers are a com- mander-in-chief, a senior and a junior vice-commander-in-chief, an adjutant- general, a quartermaster-general, an inspector-general, a judge-advocate- general, a surgeon-general, a chap- lain-in-chief, and a council of ad- ministration consisting of these of- ficers and one comrade from each department, chosen by ballot. Va- cancies are filled by the council of administration. The national encampment assesses a per capita tax on each department, 50 AMERICAN WAYS ARE CHARACTERISTIC. not exceeding 25 cents per annum. Each department encampment as- sesses yearly a per capita tax on each post, not exceeding $1. Each post, either by its by-laws or by a vote at its last December meeting, may as- sess a per capita tax upon its mem- bers, payable quarterly. Provisional departments are formed in states and territories where the Grand Army of the Republic is not established, by the commander - in- chief appointing and causing to be mustered in a provisional commander, who appoints, with the approval of the commander - in - chief, from the comrades of the Grand Army of the Republic, a senior and a junior vice- commander, an assistant adjutant- general, and an assistant quarter- master-general, and he may appoint four adjutants. The provisional com- mander, senior and junior vice-com- manders, assistant adjutant-general, assistant quartermaster-general, and five comrades elected by the provi- sional commander, constitute the board of administration. (The writer is indebted to the kindness of John H. Cook, Esq., Quartermaster of La- fayette Post, No. 140, Department of New York, Grand Army of the Re- public, for being permitted to look over the rules and regulations of the Grand Army of the Republic.) The Memorial and Executive Com- mittee of the Grand Army of the Republic appoints the following sub- committees : (1) a committee on pub- lic ceremonies and cemeteries ; (2) bureau of employment and emergency fund ; (3) committee on pensions ; (4) committee on legislation ; (5) commit- tee on press and printing ; (6) com- mittee on transportation ; (7) com- mittee on music ; (8) committee on soldiers' and sailors' monuments ; (9) committee on flowers. The veterans of the Confederate armies have also an organised associ- ation ; but as theirs was the losing side, they have to keep in the back- ground, so that ostentatious parades are not much indulged in. They celebrate a Decoration Day, by deco- rating with flowers the graves of fal- len comrades. They have naturally a feeling that they did nothing to be ashamed of, and, like brave men, they bear no malice towards the victors. The veterans of the Northern army have at heart a respect for their for- mer antagonists, and the brave men do not care to express too severe utterances, whether or not they have any acrimonious feelings, unless their political party requires it of them. It is the Northern politicians, seek- ing office and self-aggrandisement, who won't let sleeping dogs lie, and, clamorously bloodthirsty, welter in blood, in castles in Spain. It is impossible, in a work of this kind, to set forth the good traits of this conglomerate people. Without long and intimate personal acquaint- ance with them in social circles and in business pursuits, no one can be said to begin to understand them. Their ways are not those of any par- ticular nation ; and it is a fact that many old men, who have passed long lives in the United States, are prac- tically children outside of their usual avocations. Thus the books of mere travellers, or of others who have not been forced to dive beneath the sur- face, and have not battled with mis- fortune, or had occasion to stand or fall by the extent of their individual knowledge of the people, and of their ways and laws and institutions, are apt to be biassed by prejudices or un- realised expectations, or by treacher- ous smiles or sunshine. There is no smarter people on the face of the earth than the citizens of the United States. Male or female, they have each to learn how to push their indi- vidual ways, in society and in busi- ness, to take care of themselves from childhood ; but it is the case that S AVOIR FA1RE OF PUBLIC OFFICERS. 51 they act with less deliberation, and with less fear of consequences, than European nations. They take risks, man and woman of them, which to the cautious - going European may seem nothing short of madness. The freedom in intercourse between the sexes, between all classes, with little restraint, is more or less pernicious, according to circumstances, and det- rimental to the highest standards of refinement and excellence. It is the same with morals as with water. It is easy to pollute, but difficult to purify. Every one in the United States is liable at any moment to unexpectedly find himself or herself conspicuous in print, and have his or hertenderest and holiest feelings laid bare in the newspaper, or in a civil or criminal court. Then they are criticised and vilified, ridiculed, and morally and socially cut to pieces, by the public and the press ; and this they must bear and not wince. It is a rude awakening to the fact that Re- publican licence is a crown of thorns to some. Many honest men and virtuous women have been run into lunatic asylums and premature graves, or become outcasts, through this per- secution ; and mercantile agencies, &c. , may add their weight in crush- ing the maligned business man. So- ciety is divided into cliques ; and, as a rule, every individual has more or less contempt for the opinion and char- acter of those who do not agree with himself. If he finds intercourse with one clique irksome, or not paying, he takes to another. Life is too short to quarrel ; and the astute citizen, if he has been got the better of by a piece of rascality, instead of at least ignoring the party, is more likely to bide his time to get even with him, reasoning that it is bad policy to entirely drop an acquaintance who may some time or other be made of service who knows ? The reader's attention should be attracted by the manner in which the whole population is, through Congress, kept thoroughly posted as to the several Executive Depart- ments, and the whole United States and state, county, town, village, and city machinery. To enlighten him in this respect, considerable space has been devoted to show the num- ber and kind of reports laid before Congress, &c., the number of copies printed by the public printer, the number of copies distributed gratis, and the manner in which any person can get any number of extra copies printed, also the facility with which any person can get the fullest infor- mation, free of charge, by applying at the proper bureau or office, or De- partment. The writer has, on sev- eral occasions, tested the merits of the Federal, state, county, and other public offices, and has always had prompt responses and courteous treat- ment. There is no unnecessary red- tapism or flummery, and every re- spectful application, whatever the form, receives attention. Letters addressed, by a total stranger, to the Secretary of State or other officer, beginning with " My dear sir," and ending with "Yours respectfully," or " very respectfully," or even " re- spectfully, "&c., would not be thrown aside with contempt. There is no rule as to the size or quality of paper, or as to the letter being type-printed or in writing, &c. The writer has written to the public printer, inquir- ing the prices of publications, &c. , and, by return mail, received the fullest information. He has sent a postal-note for the price by a letter, mailed Saturday afternoon, in New York, and on Tuesday morning, by 9 A.M., the volumes of the United States statutes were delivered, by mail, free of charge. All public officers are accessible to the people, and are courteous and affable. They may not be the fittest men to perform 52 A STATE GOVERNOR'S MESSAGE. the duties of the office, but they know how to be pleasant and friend- ly, and readily give all assistance in their power, even putting them- selves and others to much trouble in excess of their mere official duties, and that free of charge. In a message forwarded to both Houses of the state legislature, the Governor of the State of New York gave an instructive exposition of abuses more or .less prevalent in all state legislatures, and of his ideas concerning the legitimate purposes of legislation by a state legislature. This message is worthy of a careful perusal, and is given in extenso as follows, viz. : "STATE OF NEW YORK, EXECUTIVE CHAMBER, ALBANY, March 30, 1887. " To the Legislature. " I deem it my duty to call your attention to the increase of special and local legislation during recent years, and to suggest the propriety of considering some plan for relief. It is evident that the greater portion of the session of each legislature is occupied with the consideration of special and local measures having no relation to the state at large, and that such consideration involves the exclusion of general measures affect- ing the people of the whole state. This evil was recognised, and was in part remedied, by the adoption of the constitutional amendments of 1874, which prohibited certain private and local legislation which it had thereto- fore been customary to enact, and expressly empowered the legislature to frame general laws for such cases, and for all other cases which, in their judgment, may be provided for by general laws. "The salutary effect of these amend- ments was soon evinced by the passage of more general and fewer special laws, besides reducing the whole vol- ume of legislation, the number of laws enacted in 1876 being only 448 and in 1878 only 418, while in 1869 the number had risen to 920, and in 1871 to 946. But it is quite apparent that the constitutional power vested by these amendments in the legisla- ture for the prevention of special and local legislation has not been exer- cised as entirely and perfectly as is desirable. "The number of laws enacted dur- ing the past five years has been steadily increasing, notwithstanding a liberal use of the veto power by the Executive. This fact is shown by the following statement taken from the session laws, showing the number of laws enacted : In 1882, 410; 1883, 523; 1884, 551; 1885, 557; 1886, 681. It may be safely asserted that much of this legislation is not abso- lutely required, or could be avoided by the passage of general laws. There is always danger of too much rather than too little legislation. " The difficulty appears to be and I state it with all due respect to the legislature that the members are apparently too desirous of obliging their immediate constituents by the procurement of special and local legis- lation in their behalf rather than by accomplishing the objects of such legislation by the passage t>f general laws applicable to the whole state and for the benefit of all the people. And the Executive, anxious to gratify the members as far as he can reason- ably do so in the discharge of his official duty, too easily yields his con- victions of duty and propriety, and too frequently approves not only un- necessary legislation, but legislation of questionable utility and doubtful benefit. " The true remedy lies in the legis- lature's fully availing itself of the power which it clearly possesses to suppress such legislation by rendering it unnecessary and undesirable in perfecting a series of general laws PROPER POWERS OF LOCAL AUTHORITIES. 53 embracing all the subjects usually covered by such enactments. The present session is more than half over, and 20 more laws have been en- acted up to this time than at the same period last year, and there are now on the files of the two Houses, re- ported from the various committees, 1273 proposed laws an almost un- precedented number. Of the 97 laws already enacted, there are only about 25 that can be considered general in their character, and of these 5 are amendments to the code. "The important measures of gen- eral interest which were early intro- duced do not seem to have made much progress yet, but it may be assumed that they have been crowded out and retarded by the great pressure of special and local legislation. It is clear that further general laws should be passed for the organisation of cor- porations, as well as laws conferring greater powers upon the local au- thorities of municipalities and boards of supervisors, providing for uni- form tax laws in the various counties and a uniform law of exemption, en- larging the powers of the courts for changing the names of corporations, and many other laws of like character. " I believe in the principle of home rule, and favour its practical applica- tion to all cities, villages, and towns of the state. They should be per- mitted to govern themselves in all matters of purely local concern with- out the intervention of the legislature. I cannot see the propriety in those municipalities applying to the legis- lature for authority every time they desire to make a special improvement, or to raise an extra amount of tax, or to create additional indebtedness, or to issue further bonds whenever it is deemed expedient to open a new street, or to alter a city map, or to erect new school buildings, or to con- struct a sewer, or to pave a street, or to build a bridge. They should have the power to do so under well-ground- ed restrictions. No application should be made to the legislature where it can properly be avoided. The valu- able time of the legislators of our great state should not be occupied in such comparatively unimportant matters, or matters of purely local importance. ' ' The local authorities can as well be trusted for a proper disposition of such questions as the legislature, be- cause every one familiar with the methods or course of legislation knows that the enactment of local bills is practically left to the discretion of the local representative, and his de- sires are generally controlling. While in form a bill is deemed to express the wisdom and will of the whole legislature, in truth and in fact its provisions only express the wishes of the immediate representative of the locality interested. All such matters can more safely be remitted to the local authorities, and the time of the legislature can better be occupied in the consideration of important general measures now too much neglected. " David Dudley Field, in his recent admirable address before the State Bar Association, stated that each statute enacted last year cost the state the sum of $734, and it appears from an inspection of session laws that of the 681 laws of last year there were only 249 that can properly be considered of a general character. A wise economy will be promoted, as well as the best interests of the state be subserved, by an earnest effort to diminish the number of superfluous laws. Instead of constantly amend- ing the charters of our cities, or pass- ing special enactments conferring tem- porary powers whenever any extra authority is desired, there should be a general statute passed providing for such cases, with ample safeguards surrounding the authorisation. ' ' The special legislation concerning 54 THE EVILS OF SPECIAL LEGISLATION. the city of Rochester furnishes a fair illustration of this point. Almost every year since the revision of its charter in 1880 special Acts have been passed authorising the common council to levy amounts to build schoolhouses in addition to that al- lowed by its charter for school-build- ing purposes. Another Act has been passed by the present legislature au- thorising a further levy of $55,000 for additional school-buildings ; and, while deploring such a system of legis- lation, I have permitted the same to become a law without my signature. There is also a certain village in the state which applies to the legislature for a special law every time it desires to build a new sewer or to make any other improvement, and the member who represents that district very frankly asserts to me that the people of the village prefer to be governed from Albany rather than at home. The system must be regarded as a pernicious one, however, and should not be continued. Twenty-two spe- cial Acts relating to Albany City and its affairs were passed by the last legislature. Other cities have almost an equally unenviable record. " While uniform city charters may not be feasible, certain general addi- tional powers of local legislation may appropriately be conferred, which will very greatly dispense with any pre- tended necessity for frequent legis- lative interference. So long as special legislation is easily procured and rea- dily approved, so long will there be delay in any reform in this matter. The system, or abuse, of special legis- lation is the growth of years, and has been occasioned by the absence of general laws covering the subjects upon which legislation is desired. The evil cannot be immediately reme- died, and certainly not by the passage of hastily conceived or ill- digested measures, but only by a series of carefully prepared and well-consid- ered general laws which cannot rea- dily or conveniently be framed by the members themselves during a busy legislative session. " I therefore desire to suggest for your consideration the propriety of the passage of an Act authorising the appointment of a commission of three persons familiar with the law and legislative proceedings to prepare and submit to the next legislature a series of general laws upon such subjects as may be specified in the Act, or as the commissioners may deem proper and expedient. DAVID B. HILL." PAKT I. THE DECLAKATION OF INDEPENDENCE. IN CONGEESS, JULY 4, 1776. THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF AMERICA. WHEN, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with an- other, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opin- ions of mankind requires that they should declare the causes which im- pel them to the separation. We hold these truths to be self- evident : that all men are created equal ; that they are endowed, by their Creator, with certain unalien- able rights ; that among these are life, liberty, and the pursuit of hap- piness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed ; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organising its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes ; and, accordingly, all experience hath shown that mankind are more dis- posed to suffer while evils are suffer- able, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies ; and such is now the necessity which constrains them 56 THE DECLARATION OF INDEPENDENCE. to alter their former systems of gov- ernment. The history of the pres- ent king of Great Britain is a history of repeated injuries and usurpations, all having in direct object the estab- lishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world. He has refused his assent to laws the most wholesome and necessary for the public good. He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation, till his assent should be obtained ; and when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large dis- tricts of people, unless those people would relinquish the right of repre- sentation in the legislature a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies at places unusual, uncomfort- able, and distant from the repository of their public records, for the sole purpose of fatiguing them into com- pliance with his measures. He has dissolved representative houses repeatedly, for opposing, with manly firmness, his invasions on the rights of the people. He has refused, for a long time after such dissolutions, to cause others to be elected ; whereby the legislative powers, incapable of anni- hilation, have returned to the people at large, for their exercise, the state remaining, in the meantime, exposed to all the dangers of invasion from without, and convulsions within. He has endeavoured to prevent the population of these states ; for that purpose obstructing the laws for naturalisation of foreigners ; refusing to pass others to encourage their mi- gration hither, and raising the condi- tions of new appropriations of lands. He has obstructed the administra- tion of justice, by refusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hither swarms of offi- cers, to harass our people, and eat out their substance. He has kept among us, in times of peace, standing armies, without the consent of our legislatures. He has affected to render the mili- tary independent of, and superior to, the civil power. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws : giving his assent to their acts of pretended legislation : For quartering large bodies of armed troops among us : For protecting them, by a mock trial, from punishment for any mur- ders which they should commit on the inhabitants of these states : For cutting off our trade with all parts of the world : For imposing taxes on us without our consent : For depriving us, in many cases, of the benefits of trial by jury : For transporting us beyond seas to be tried for pretended offences : For abolishing the free system of English laws in a neighbouring prov- ince, establishing therein an arbitrary government, and enlarging its boun- daries, so as to render it at once an example and fit instrument for intro- ducing the same absolute rule into these colonies : For taking away our charters, abol- ishing our most valuable laws, and altering, fundamentally, the forms of our governments : For suspending our own legisla- tures, and declaring themselves in- THE DECLARATION OF INDEPENDENCE. 57 vested with power to legislate for us in all cases whatsoever. He has abdicated government here, by declaring us out of his protection, and waging war against us. He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people. He is at this time transporting large armies of foreign mercenaries to complete the works of death, deso- lation, and tyranny, already begun with circumstances of cruelty and perfidy, scarcely paralleled in the most barbarous ages, and totally un- worthy the head of a civilised nation. He has constrained our fellow- citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrec- tions among us, and has endeavoured to bring on the inhabitants of our frontiers the merciless Indian sav- ages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions. In every stage of these oppressions we have petitioned for redress in the most humble terms : our repeated petitions have been answered only by repeated injury. A prince whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. Nor have we been wanting in at- tentions to our British brethren. We have warned them, from time to time, of attempts by their legislature to extend an unwarrantable jurisdic- tion over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have con- jured them by the ties of our com- mon kindred to disavow these usur- pations, which would inevitably in- terrupt our connections and corres- pondence. They too have been deaf to the voice of justice and of con- sanguinity. We must, therefore, acquiesce in the necessity which denounces our separation, and hold them, as we hold the rest of man- kind enemies in war, in peace, friends. We, therefore, the representatives of the UNITED STATES or AMERICA, in general congress assembled, ap- pealing to the Supreme Judge of the world for the rectitude of our inten- tions, do, in the name and by the authority of the good people of these colonies, solemnly publish and de- clare, That these United Colonies are, and of right ought to be, FREE and INDEPENDENT STATES ; that they are absolved from all allegiance to the British crown, and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved ; and that, as FREE and INDEPENDENT STATES, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which INDEPENDENT STATES may of right do. And for the support of this Declaration, with a firm reliance on the protection of DIVINE PROVIDENCE, we mutually pledge to each other our lives, our fortunes, and our sacred honour. JOHN HANCOCK. New Hampshire. Josiah Bartlett, William Whipple, Matthew Thornton. Massachusetts Bay. Samuel Ad- ams, John Adams, Robert Treat Paine, Elbridge Gerry. Rhode Island, Ac. Stephen Hop- kins, William Ellery. Connecticut. Roger Sherman, Sam- uel Huntingdon, William Williams, Oliver Wolcott. New York. William Floyd, Philip Livingston, Francis Lewis, Lewis Morris. Neio Jersey. Richard Stockton, 58 THE ARTICLES OF CONFEDERATION. John Witherspoon, Francis Hopkin- son, John Hart, Abraham Clark. Pennsylvania. Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross. Delaware. Caesar Rodney, George Read, Thos. M'Kean. Maryland. Samuel Chase, Wil- liam Paca, Thomas Stone, Charles Carroll of Carrollton. Virginia. George Wythe, Richard Henry Lee, Thomas Jefferson, Ben- jamin Harrison, Thomas Nelson, jr., Francis Lightfoot Lee, Carter Brax- ton. North Carolina. William Hooper, Joseph Hewes, John Penn. South Carolina. Edward Rut- ledge, Thomas Hayward, jr., Thomas Lynch, jr., Arthur Middleton. Georgia. Button Gwinnett, Ly- man Hall, George Walton. THE AETICLES OF CONFEDERATION". IN CONGEESS, JULY 9, 1778. ARTICLES OF CONFEDERATION AND PERPETUAL UNION, BETWEEN THE STATES OF NEW HAMPSHIRE, MASSACHUSETTS BAY, RHODE ISLAND AND PROVIDENCE PLAN- TATIONS, CONNECTICUT, NEW YORK, NEW JERSEY, PENNSYLVANIA, DELAWARE, MARYLAND, VIRGINIA, NORTH CAROLINA, SOUTH CAROLINA, AND GEORGIA. ART. 1. The style of this confeder- acy shall be " THE UNITED STATES OF AMERICA." ART. 2. Each state retains its sov- ereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this confedera- tion expressly delegated to the United States in congress assembled. ART. 3. The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their liberties, and their mutual and gene- ral welfare, binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever. ART. 4, SEC. 1. The better to se- cure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states (paupers, vagabonds, and fugi- tives from justice excepted) shall be entitled to all privileges and immuni- ties of free citizens in the several states, and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restric- tions, as the inhabitants thereof re- spectively, provided that such re- strictions shall not extend so far as to prevent the removal of property imported into any state, to any other state, of which the owner is an in- habitant : Provided, also, that no im- position, duties, or restriction, shall be laid by any state on the property of the United States, or either of them. SEC. 2. If any person guilty of, or charged with treason, felony, or other THE ARTICLES OF CONFEDERATION. 59 high misdemeanour in any state, shall flee from justice, and be found in any of the United States, he shall, upon the demand of the governor or execu- tive power of the state from which he fled, be delivered up and removed to the state having jurisdiction of his offence. SEC. 3. Full faith and credit shall be given in each of these states to the records, acts, and judicial pro- ceedings of the courts and magistrates of every other state. ART. 5, SEC. 1. For the more con- venient management of the general interests of the United States, dele- gates shall be annually appointed in such manner as the legislature of each state shall direct, to meet in congress on the first Monday in November of every year, with a power reserved to each state to recall its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the year. SEC. 2. No state shall be repre- sented in congress by less than two, nor more than seven members ; and no person shall be capable of being a delegate for more than three years, in any term of six years ; nor shall any person, being a delegate, be cap- able of holding any office under the United States, for which he, or any other for his benefit, receives any salary, fees, or emolument of any kind. SEC. 3. Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of these states. SEC. 4. In determining questions in the United States in congress as- sembled, each state shall have one vote. SEC. 5. Freedom of speech and de- bate in congress shall not be im- peached or questioned in any court or place out of congress, and the members of congress shall be pro- tected in their persons from arrests and imprisonments during the time of their going to and from, and at- tendance on congress, except for treason, felony, or breach of the peace. ART. 6, SEC. 1. No state, without the consent of the United States in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance, or treaty with any king, prince, or state ; nor shall any person holding any office of pro- fit or trust under the United States, or any of them, accept of any pres- ent, emolument, office, or title of any kind whatever, from any king, prince, or foreign state ; nor shall the United States in congress assembled, or any of them, grant any title of nobility. SEC. 2. No two or more states shall enter into any treaty, con- federation, or alliance whatever be- tween them, without the consent of the United States in congress assem- bled, specifying accurately the pur- poses for which the same is to be entered into, and how long it shall continue. SEC. 3. No state shall lay any imposts or duties which may inter- fere with any stipulations in treaties entered into by the United States in congress assembled, with any king, prince, or state, in pursuance of any treaties already proposed by con- gress to the courts of France and Spain. SEC. 4. No vessels of war shall be kept up in time of peace by any state, except such number only as shall be deemed necessary by the United States in congress assembled, for the defence of such state or its trade ; nor shall any body of forces be kept up by any state in time of peace, except such number only as, in the judgment of the United States in congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of 60 THE ARTICLES OF CONFEDERATION. such state ; but every state shall al- ways keep up a well-regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and constantly have ready for use, in public stores, a due number of field- pieces and tents, and a proper quan- tity of arms, ammunition, and camp equipage. SEC. 5. No state shall engage in any war without the consent of the United States in congress assembled, unless such state be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of delay till the United States in con- gress assembled can be consulted ; nor shall any state grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in congress assem- bled, and then only against the king- dom or state, and the subjects there- of, against which war has been so declared, and under such regulations as shall be established by the United States in congress assembled, unless such state be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in congress assembled shall determine otherwise. ART. 7. When land forces are raised by any state for the common defence, all officers of or under the rank of colonel shall be appointed by the legislature of each state re- spectively by whom such forces shall be raised, or in such manner as such state shall direct, and all vacancies shall be filled up by the state which first made the appointment. ART. 8. All charges of war, and all other expenses that shall be in- curred for the common defence or general welfare, and allowed by the United States in congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each state, granted to or surveyed for any person, as such land and the build- ings and improvements thereon shall be estimated, according to such mode as the United States in congress assembled shall from time to time direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states within the time agreed upon by the United States in con- gress assembled. ART. 9, SEC. 1. The United States in congress assembled shall have the sole and exclusive right and power of determining on peace and war, ex- cept in the cases mentioned in the sixth article ; of sending and re- ceiving ambassadors ; entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from pro- hibiting the exportation or importa- tion of any species of goods or com- modities whatsoever ; of establishing rules for deciding in all cases what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated ; of granting letters of marque and reprisal in times of peace ; appointing courts for the trial of piracies and felonies com- mitted on the high seas ; and estab- lishing courts for receiving and de- termining finally appeals in all cases of captures ; provided that no mem- ber of congress shall be appointed a judge of any of the said courts. SEC. 2. The United States in con- THE ARTICLES OF CONFEDERATION. 61 gress assembled shall also be the last resort on appeal in all disputes and differences now subsisting, or that hereafter may arise, between two or more states concerning boundary, jurisdiction, or any other cause what- ever ; which authority shall always be exercised in the manner following : Whenever the legislative or executive authority or lawful agent of any state in controversy with another shall present a petition to congress, stating the matter in question, and praying for a hearing, notice thereof shall be given by order of congress to the legislative or executive authority of the other state in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to ap- point, by joint consent, commission- ers or judges to constitute a court for hearing and determining the matter in question ; but if they cannot agree, congress shall name three per- sons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen ; and from that number not less than seven nor more than nine names, as congress shall direct, shall, in the presence of congress, be drawn out by lot ; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges to hear and finally determine the controversy, so always as a major part of the judges, who shall hear the cause, shall agree in the deter- mination : and if either party shall neglect to attend at the day appoint- ed, without showing reasons which congress shall judge sufficient, or be- ing present shall refuse to strike, the congress shall proceed to nominate three persons out of each state, and the secretary of congress shall strike in behalf of such party absent or re- fusing; and the judgment and sen- tence of the court, to be appointed in the manner before prescribed, shall be final and conclusive ; and if any of the parties shall refuse to submit to the authority of such court, or to appear to defend their claim or cause, the court shall nevertheless proceed to pronounce sentence or judgment, which shall in like manner be final and decisive ; the judgment or sen- tence and other proceedings being in either case transmitted to congress, and lodged among the acts of con- gress, for the security of the parties concerned : Provided, that every com- missioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the supreme or superior court of the state where the cause shall be tried, "well and truly to hear and determine the mat- ter in question, according to the best of his judgment, without favour, af- fection, or hope of reward : " Pro- vided, also, that no state shall be deprived of territory for the benefit of the United States. SEC. 3. All controversies concern- ing the private right of soil claimed under different grants of two or more states, whose jurisdiction, as they may respect such lands, and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the congress of the United States, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes re- specting territorial jurisdiction be- tween different States. SEC. 4. The United States in con- gress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states ; fixing the standard of weights and 62 THE ARTICLES OF CONFEDERATION. measures throughout the United States ; regulating the trade and managing all affairs with the Indians, not members of any of the states ; provided that the legislative right of any state, within its own limits, be not infringed or violated ; establish- ing and regulating post offices from one state to another, throughout all the United States, and exacting such postage on the papers passing through the same, as may be requisite to de- fray the expenses of the said office ; appointing all officers of the land forces in the service of the United States, excepting regimental officers ; appointing all the offices of the naval forces, and commissioning all officers whatever in the service of the United States ; making rules for the govern- ment and regulation of the said land and naval forces, and directing their operations. SEC. 5. The United States in con- gress assembled shall have authority to appoint a committee, to sit in the recess of congress, to be denominated "A Committee of the States," and to consist of one delegate from each state ; and to appoint such other committees and civil officers as may be necessary for managing the gene- ral affairs of the United States under their direction ; to appoint one of their number to preside ; provided that no person be allowed to serve in the office of president more than one year in any term of three years ; to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expenses ; to borrow money or emit bills on the credit of the United States, transmitting every half year to the respective states an account of the sums of money so borrowed or emitted ; to build and equip a navy ; to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state, which requisition shall be binding ; and thereupon the legis- lature of each state shall appoint the regimental officers, raise the men, and clothe, arm, and equip them, in a soldier-like manner, at the expense of the United States ; and the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in congress assembled ; but if the United States in congress assembled shall, on con- sideration of circumstances, judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, clothed, armed, and equipped in the same manner as the quota of such state, unless the legislature of such state shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise, officer, clothe, arm, and equip as many of such extra number as they judge can be safely spared, and the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in congress assembled. SEC. 6. The United States in con- gress assembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the de- fence and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war to be built or pur- chased, or the number of land or sea forces to be raised, nor appoint a THE ARTICLES OF CONFEDERATION. 63 commander-in-chief of the army or navy, unless nine states assent to the same ; nor shall a question on any other point, except for adjourning from day to day, be determined, un- less by the votes of a majority of the United States in congress assembled. SEC. 7. The congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances, or military opera- tions, as in their judgment require secrecy ; and the yeas and nays of the delegates of each state, on any question, shall be entered on the journal, when it is desired by any delegate ; and the delegates of a state, or any of them, at his or their request, shall be furnished with a transcript of the said journal, except such parts as are above excepted^ to lay before the legislatures of the sev- eral states. ART. 10. The committee of the states, or any nine of them, shall be authorised to execute, in the recess of congress, such of the powers of congress as the United States in con- gress assembled, by the consent of nine states, shall, from time to time, think expedient to vest them with ; provided that no power be delegated to the said committee, for the exer- cise of which, by the articles of con- federation, the voice of nine states, in the congress of the United States assembled, is requisite. ART. 11. Canada acceding to this confederation, and joining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this union : but no other colony shall be admitted into the same, unless such admission be agreed to by nine states. ART. 12. All bills of credit emitted, moneys borrowed, and debts con- tracted by or under the authority of congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for pay- ment and satisfaction whereof the said United States and the public faith are hereby solemnly pledged. ART. 13. Every state shall abide by the determination of the United States in congress assembled, on all questions which by this confedera- tion are submitted to them. And the articles of this confederation shall be inviolably observed by every state, and the union shall be per- petual ; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a congress of the United States, and be afterward confirmed by the legislature of every state. And whereas it hath pleased the great Governor of the world to in- cline the hearts of the legislatures we respectively represent in congress to approve of, and to authorise us to ratify, the said articles of confedera- tion and perpetual union, Know ye, that we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained. And we do further solemnly plight and engage the faith of our respective constitu- ents, that they shall abide by the determinations of the United States in congress assembled, on all ques- tions which by the said confederation are submitted to them ; and that the articles thereof shall be inviolably observed by the states we respec- 64 THE CONSTITUTION OF THE UNITED STATES. tively represent, and that the union | shall be perpetual. In witness where- of, we have hereunto set our hands, in congress. Done at Philadelphia, in the State of Pennsylvania, the ninth day of July, in the year of our Lord one thousand seven hundred and seventy- eight, and in the third year of the Independence of America. On the part and behalf of the state of New Hampshire. Josiah Bartlett, John Wentworth, jr. (August 8, 1778). On the part and behalf of the state of Massachusetts Bay. John Han- cock, Samuel Adams, Elbridge Gerry, Francis Dana, James Lovell, Samuel Holten. On the part and behalf of the state of Rhode Island and Providence Plan- tations. William Ellery, Henry Mar- chant, John Collins. On the part and behalf of the state of Connecticut. Roger Sherman, Samuel Huntington, Oliver Wolcott, Titus Hosmer, Andrew Adams. On the part and behalf of the state of New York. James Duane, Francis Lewis, William Duer, Gouv. Morris. On the part and behalf of the state of New Jersey. John Witherspoon, Nath. Scudder (November 26, 1778). On the part and behalf of the state of Pennsylvania. Robert Morris, Daniel Roberdeau, Jona. Bayard Smith, William Clingan, Joseph Reed (July 22, 1778). On the part and behalf of the state of Delaware. Thomas M'Kean (Feb- ruary 12, 1779), John Dickinson (May 5, 1779), Nicholas Van Dyke. On the part and behalf of the state of Maryland. John Hanson (March 1, 1781), Daniel Carroll (March 1, 1781). On the part and behalf of the state of Virginia. Richard Henry Lee, John Banister, Thomas Adams, Jno. Harvie, Francis Lightfoot Lee. On the part and behalf of the state of North Carolina. John Perm (July 21, 1778), Corns. Harnett, John Williams. On the part and behalf of the state of South Carolina. Henry Laurens, William Henry Drayton, Jno. Mat- thews, Richard Hutton, Thos. Hey- ward, jr. On the part and behalf of the state of Georgia. Jno. Walton (July 24, 1778), Edwd. Telfair, Edward Lang- worthy. THE CONSTITUTION OF THE UNITED STATES. WE, the People of the United States, in order to form a more per- fect union, establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our poster- ity, do ordain and establish this Con- stitution for the United States of America. ARTICLE I. SECTION I. 1. Legislative powers. All legisla- tive powers herein granted shall be vested in a congress of the United States, which shall consist of a senate and house of representatives. SECTION II. 1. Members of the house of repre- CONSTITUTION OF THE UNITED STATES. 65 sentatives how chosen. The house of representatives shall be composed of members chosen every second year by the people of the several states ; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. 2. Qualification of members of house of representatives. No person shall be a representative who shall not have attained to the age of twenty- five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhab- itant of that state in which he shall be chosen. 3. Apportionment of representatives and direct taxes. Census when to be taken. Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years and excluding Indians not tax- ed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The num- ber of representatives shall not exceed one for every thirty thousand, but each state shall have at least one rep- resentative ; and until such enumera- tion shall be made, the state of New Hampshire shall be entitled to choose three ; Massachusetts, eight ; Rhode Island and Providence Plantations, one ; Connecticut, five ; New York, six ; New Jersey, four ; Pennsylvania, eight; Delaware, one ; Maryland, six; Virginia, ten; North Carolina, five; South Carolina, five ; and Georgia, three. 4. Vacancies how filled. When vacancies happen in the representa- tion from any state, the executive authority thereof shall issue writs of election to fill up such vacancies. 5. House of representatives has power of impeachment. The house of representatives shall choose their speaker and other officers, and shall have the sole power of impeachment. SECTIOX III. 1. Senate how to be chosen. The senate of the United States shall be composed of two senators from each state, chosen by the legislature there- of, for six years ; and each senator shall have one vote. 2. Senators classed. Vacancies in recess how filled. Immediately after they shall be assembled in conse- quence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year ; of the second class, at the expiration of the fourth year ; and of the third class, at the expira- tion of the sixth year : so that one- third may be chosen every second year ; and if vacancies happen, by resignation or otherwise, during the recess of the legislature of any state, the executive thereof may make tem- porary appointments until the next meeting of the legislature, which shall then fill such vacancies. 3. Qualification of senator. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. 4. Vice-president. The vice-pre- sident of the United States shall be president of the senate, but shall have no vote unless they be equally divided. 5. Senate to choose their officers. The senate shall choose their other officers, and also a president pro tem- 66 CONSTITUTION OF THE UNITED STATES. pore,, in the absence of the vice- president, or when he shall exercise the office of president of the United States. 6. Try impeachments. The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside ; and no person shall be convicted without the con- currence of two-thirds of the members present. 7. Judgment in case of impeach- ment. Judgment, in case of impeach- ment, shall not extend further than to removal from office, and disquali- fication to hold and enjoy any office of honour, trust, or profit under the United States ; but the party con- victed shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, accord- ing to law. SEQTION IV. 1. Manner of electing members of congress. The times, places, and manner of holding elections for sen- ators and representatives shall be prescribed in each state by the legis- lature thereof ; but the congress may, at any time, by law, make or alter such regiilations, except as to the places of choosing senators. 2. Congress to assemble annually. The congress shall assemble at least once in every year, and such meeting shall be on the first Monday in Dec- ember, unless they shall by law ap- point a different day. SECTION v. 1. Elections how judged. Quorum of senate and house of representatives. Each house shall be the judge of the elections, returns, and qualifica- tions of its own members ; and a majority of each shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be authorised to compel the attendance of absent members, in such manner and under such penalties as each house may provide. 2. Rules. Each house may deter- mine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member. 3. Journals by each house. Each house shall keep a journal of its pro- ceedings, and from time to time pub- lish the same, excepting such parts as may in their judgment require secrecy ; and the yeas and nays of the members of either house, on any question, shall, at the desire of one- fifth of those present, be entered on the journal. 4. Adjournment. Neither house, during the session of congress, shall, without the consent of the other, ad- journ for more than three days, nor to any other place than that in which the two houses shall be sitting. SECTION VI. 1. Compensation. Privileges. Ar- rests. The senators and representa- tives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to or returning from the same ; and for any speech or debate in either house, they shall not be questioned in any other place. 2. Exclusion from office. Xo sena- tor or representative shall, during the time for which he was elected, be ap- pointed to any civil office under the authority of the United States which shall have been created, or the emolu- ments whereof shall have been in- creased, during such time ; and no person holding any office under the CONSTITUTION OF THE UNITED STATES. 67 United States shall be a member of either house during his continuance in office. SECTION VII. 1. Revenue bills how passed. All bills for raising revenue shall origi- nate in the house of representatives ; but the senate may propose or con- cur with amendments, as on other bills. 2. Bills, their formalities. Where to be returned by the president. Two- thirds may pass bills, he objecting. When bills to be returned. Every bill which shall have passed the house of representatives and the senate shall, before it become a law, be presented to the president of the United States ; if he approve, he shall sign it ; but if not, he shall re- turn it, with his objections, to that house in which it shall have origi- nated, who shall enter the objec- tion at large on their journal, and proceed to reconsider it. If, after such reconsideration, two -thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsid- ered, and if approved by two-thirds of that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the presi- dent within ten days (Sundays ex- cepted) after it shall have been pre- sented to him, the same shall be a law in like manner as if he had sign- ed it, unless the congress by their adjournment prevent its return, in which case it shall not be a law. 3. Orders, resolutions, and votes to be approved by the president. Every order, resolution, or vote, to which the concurrence of the senate and house of representatives may be neces- sary, except on a question of adjourn- ment, shall be presented to the pres- ident of the United States ; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill. SECTION VIII. The congress shall have power 1. Congress to lay taxes, duties, &c. To lay and collect taxes, duties, imposts, and excises ; to pay the debts and provide for the common defence and general welfare of the United States ; but all duties, im- posts, and excises shall be uniform throughout the United States : 2. Borrow money. To borrow money on the credit of the United States : 3. To regulate commerce, 4.86j^o). This rule applies to appraising mer- chandise, and in the construction of contracts. And this valuation is the par of exchange between Great Brit- ain and the United States. All foreign gold and silver coins received by the United States in payment for moneys due are not issued in circula- tion, but coined anew. Foreign coins are not a legal tender in payment of debts. The Director of the Mint estimates, and the Secretary of the Treasury proclaims, on 1st January in each year, the values of the foreign coins of the world to be taken in estimat- ing the value of all foreign merchan- dise imported into the United States on or after that date. The values of the following coins were, owing to the decline in the value of silver in London, changed as at 1st January 1887 from their respective values of the previous years, thus : Au- stria, florin, from 37.1 to 35.9; Bolivia, boliviano, from 75.1 to 72.7; Ecuador, sucre, from 75.1 to 72.7; India, rupee, from 85.7 to 84.6 ; Japan, silver yen, from 81.0 to 78.4 ; Mexico, dollar, from 81.6 to 79.0; Peru, sol, from 75. 1 to 72. 7 ; Russia, rouble, from 60.1 to 58.2; Tripoli, mahbub, from 67.7 to 65.6; United States Columbia, peso, from 75.1 to 72.7. United States notes are of such denominations, not less than one dol- lar, as the Secretary of the Treasury may prescribe, do not bear interest, are payable to bearer, and are in such form as the Secretary deems best. When returned to the Treasury, they may be reissued. They are a legal tender in payment of all debts, -pub- lic and private, within the United States, except for duties on im- ports and interest on the public debt. The following tables are recognised in the construction of contracts and in all legal proceedings : MEASURES OF LENGTH. Metric Denominations and Values. Equivalents in Denominations in use. Myriameter . 10,000 meters 6.2137 miles. Kilometer . . 1,000 ( 0.62137 miles, or 3.280 feet \ and 10 inches. Hectometer 100 ,. 328 feet and 1 inch. Dekameter 10 393.7 inches. Meter 1 M 39.37 Decimeter . As of a meter 3.937 .. Centimeter TTO II 0.3937 Millimeter . TUiJiT 'I 0.0394 274 COINAGE, WEIGHTS, AND MEASURES. MEASURES OF CAPACITY. Metric Denominations and Values. Equivalents in Denominations in use. Names. Number of Liters. Cubic Measure. Dry Measure. Liquor or Wine Measure. Kiloliter or\ Stere / 1000 1 cubic meter 1.308 cubic yards. 264.17 gallons. Hectoliter 100 fa of a cubic meter 2 bushels and 3.35 pecks 1 26.417 i, Dekaliter 10 10 cubic decimeters . 9.08 quarts . 2.6417 M Liter 1 1 cubic decimeter 0.908 ,i 1.0567 quarts. Deciliter A A of a cubic decimeter 6.1022 cubic inch. 0.845 gills. Centiliter Tfiff 10 cubic centimeters . 0.6102 M 0.338 fluid ounces. Milliliter TO\JU 1 cubic centimeter 0.061 M 0.27 fluid drams. MEASURES OF SURFACE. Metric Denominations and Values. Equivalents in Denomina- tions in use. Hectare . Are. Centare . . 10,000 square meters 100 1 2.471 acres. 119.6 square yards. 1550 square inches. WEIGHTS. Equivalents in Metric Denominations and Values. Denominations in use. Names. Number of Grams. Weight of what quantity of water at maximum density. Avoirdupois Weight. Millier or Toimeau . 1,000,000 1 cubic meter . 2204.6 pounds. Quintal 100,000 1 hectoliter . 220.46 Myriagram 10,000 10 liters .... 22.046 Kilogram or Kilo 1,000 1 liter .... 2.2046 Hectogram 100 1 deciliter 3.5274 ounces. Dekagram . 10 10 cubic centimeters 0.3527 M Gram 1 1 cubic centimeter . 15.432 grains. Decigram . A A of a cubic centimeter . 1.5432 Centigram . tfo 10 cubic millimeters 0.1543 Milligram . TS\ni 1 cubic millimeter . 0.0154 REVENUE AND EXPENSES. 275 REVENUE AND EXPENSES. President Cleveland, in his annual message to Congress, delivered on 6th December 1886, said: "The report of the Secretary of the Treas- ury exhibits in detail the condition of the public finances and of the several branches of the Government related to his department. I especially direct the attention of the Congress to the recommendations contained in this and the last preceding report of the Secretary touching the simplification of the laws relating to the collection of our revenues, and in the interests of economy and justice to the Gov- ernment I hope they may be adopted by appropriate legislation. " The ordinary receipts of the Gov- ernment for the fiscal year ended June 30, 1886, were $336,439,727.06. Of this amount $192,905,023.41 were received from customs, and $116,805,936.48 from internal rev- enue. The total receipts as here stat- ed were $13,749,020.68 greater than for the previous year, but the increase from customs was$l 1,434,084. 10, and from internal revenue $4,407,210.94, making a gain in these items for the last year of $15,841,295.04 a fall- ing off in other resources reducing the total increase to the smaller amount mentioned. " The expense at the different cus- tom-houses of collecting this increased customs revenue was less than the expense attending the collection of such revenue for the preceding year by $490,608, and the increased re- ceipts of internal revenue were col- lected at a cost to the Internal Rev- enue Bureau of $155,944.99 less than the expense of such collection for the previous year. " The total ordinary expenses of the Government for the fiscal year ended June 30, 1886, were $242,483,138.50, being less by $17,788,797 than such expenditures for the year preced- ing, and leaving a surplus in the Treasury at the close of the last fiscal year of $93,956,588.56, against $63,463,771.27 at the close of the previous year, being an increase in such surplus of $30,492,817.29. " The expenditures are compared with those of the preceding fiscal year and classified as follows : For civil expenses For foreign intercourse ..... For Indians For pensions For the military, including river and harbour improvements and arsenals For interest on debt ..... For the District of Columbia .... Miscellaneous expenditures, including the pub- lic buildings, lighthouses, and collecting the revenue Year ending June 30, 1886. Year ending June 30, 1885. 21,955,604.04 1,332,320.88 6,099,158.17 63,404,864.03 - $23,826,942.11 5,439,609.11 6,552,494.63 56,102,267.49 34,324,152.74 13,907,887.74 2,892,321.89 42,670,578.47 16,021,079.69 3,499,650.95 47,986,683.04 54,728,056.21 ' ' For the current year to end June 30, 1887, the ascertained re- ceipts up to October 1, 1886, with such receipts estimated for the re- mainder of the year, amount to $356,000,000. ' ' The expenditures ascertained and estimated for the same period are $266,000,000, indicating an antici- pated surplus at the close of the year of $90,000,000. " The total value of the exports 276 REVENUE AND EXPENSES. from the United States to foreign countries during the liscal year is Domestic merchandise Foreign merchandise Gold . Silver stated and compared with the pre- ceding year as follows : For the year ending June 30, 1886. 665,964,529 13,560,301 42,952,191 29,511,219 For the year ending June 30, 1885. 726,682,946 15,506,809 8,477,892 33,753,633 " The value of some of the leading exports during the last fiscal year, as compared with the value of the same Cotton and cotton manufactures Tolmcco and its manufactures Breadstuffs .... Provisions for the year immediately preceding, is here given, and furnishes information both interesting and suggestive : For the year ending June 30, 18S6. 219,045,576 30,424,908 125,846,558 90,625,216 For the year ending June 30, 1885. 213,799,049 24,767,305 160,370,821 107,332,456 " Our imports during the last fiscal year, as compared with the previous year, were as follows : 1886. 1885. 579,580,053 Merchandise Gold . Silver . 635,436,136 20,743,349 17,850,307 26,691,696 16,550,627 " The Secretary of the Treasury, in his annual report to Congress in 1886, estimated the receipts and ex- penditures as follows : REVENUE, ACTUAL AND ESTIMATED, FOK THE FISCAL YEAR 1886-87. SOURCE. Quarter ended Sept. 30 ISSti. Remaining three-fourths Total. of the year. Customs $59,177,586.50 150,822,413.50 210,000,000.00 Internal Revenue 28,930,043.94 87,069,956.06 116,900,000.00 .Sale of public lands 1,827,781.46 4,172,218.54 6,000,000.00 Tax on national banks .... 1,252,498.57 1,247,501.43 2,500,000.00 Repayment of interest and sinking fund Pacific railway companies 516^195.02 1,483', 804. 98 2,000,000.00 Customs fees, fines, penalties, &c. . 232,998.88 767,001.12 1,000,000.00 Fees-consular, letters-patent, and lands 814,359.39 2,685,640.61 3,500,000.00 Proceeds of sales of Government property 48,508.21 201,491.79 250,000.00 Profits on coinage, assays, &c. 582,694.65 4,417,305.35 5,000,000.00 Deposits for surveying public lands Revenues of the District of Columbia . 34,961.79 287,915.70 215,038.21 1,712,084.30 250,000.00 2,000,000.00 Miscellaneous sources .... 1,240,048.46 6,259,951.54 7,500,000.00 Total receipts . 94,945,592.57 261,054,407.43 356,000,000.00 REVENUE AND EXPENSES. 277 EXPENDITURE, ACTUAL AND ESTIMATED, FOR THE SAME PERIOD. OBJECT. Quarter ended September 30, 1886. Remaining three-fourths of the Year. Total. Civil miscellaneous expenditure . Indians ...... Pensions Military establishment . Naval establishment Expenditure on account of the District of Columbia . Interest on Public Debt Sinking Fund .... Judgments Court of Alabama Claims Total ordinary expenditures . $20,213,300 1,621,973 20,401,137 9,726,804 4,603,230 1,287,415 13,210,226 31,588,465 5,721,076 $58,065,623 4,878,026 47,598,862 30,273,195 12,396,769 2,212,584 33,789,773 3,625,052 $78,278,923 6,500,000 68,000,000 40,000,000 17,000,000 3,500,000 47,000,000 35,213,517 5,721,076 $108,373,629 $192,839,887 $301,213,517 Total receipts Total expenditures Estimated surplus $356,000,000.00 301,213,517.21 $54,786,482.79 The following table shows the changes in the interest-bearing debt during the year ended October 31, 1886 : Title of Loan. Rate per cent. Outstanding November 1, 1885. Outstanding October 31, 1886. Loan, July 12, 1882 Funded loan, 1891 . Funded loan, 1907 . Refunding accounts Navy Pension Fund Bonds issued to Pacific Railroad . Total 3 44 4" 4 3 $194,190,500 250,000,000 737,740,350 223,800 14,000,000 $86,848,700 250,000,000 737,776,400 194,500 14,000,000 $1,196,154,650 64,623,512 $1,088,819,600 64,623,512 $1,260,778,162 $1,153,443,112 The reduction in the annual interest charge, by reason of the changes made On bonds redeemed, or which had ceas Deduct the interest on $6750, 4 per cer during the year ended October 31, 1886, was as follows : 3d to bear interest . $3,220,254 t bonds issued . . 270 Net reduction $3,219,984 278 BUREAU OF NAVIGATION COMMERCE AND NAVIGATION. BUREAU OF NAVIGATION. In 1884 a Bureau of Navigation was constituted in the Treasury De- partment of the United States, under the immediate charge of a Commis- sioner of Navigation. This commis- sioner, under the direction of the Secretary of the Treasury, has gen- eral superintendence of the commer- cial marine and merchant seamen of the United States, so far as vessels and seamen were not, under existing laws, subject to the supervision of any other officer of the Government. He is specially charged with the de- cision of all questions relating to the issue of registers, enrolments, and licences of vessels, and to the filing and preserving of these documents. He is charged with the supervision of the laws relating to the admeasure- ment of vessels, and the assigning of signal letters thereto, and of designat- ing their official number ; and on all questions of interpretation growing out of the execution of the laws re- lating to these subjects, and relating to the collection of tonnage-tax, and to the refund of such tax when col- lected erroneously or illegally, his decision is final. He annually pre- pares and publishes a list of vessels of the United States belonging to the commercial marine, specifying the official number, signal letters, names, rig, tonnage, home-port, and place and date of building of every vessel, distinguishing in such list sailing- vessels from such as may be propelled by steam or other motive power. He also reports annually to the Secretary of the Treasury the increase of vessels of the United States, by building or otherwise, specifying their number, rig, and motive power. He also in- vestigates the operations of the laws relative to navigation, and annually reports to the Secretary of the Trea- sury such particulars as may in his judgment admit of improvement or may require amendment. He is em- powered, under the direction of the Secretary of the Treasury, to change the names of vessels of the United States, under such restrictions as are prescribed by Act of Congress. The Commissioner of Navigation is ap- pointed by the President of the United States, with the advice and consent of the Senate, and receives a salary of $4000 per annum. COMMERCE AND NAVIGATION. Vessels registered pursuant to law, and no others, except such as are duly qualified according to law for carry- ing on the existing trade and fisher- ies, or one of them, are deemed vessels of the United States, and entitled to the benefits and privileges appertaining to such vessels ; but they do not enjoy the same longer than they continue to be wholly owned by citizens, and to be com- manded by a citizen of the United States. Officers of vessels of the United States are in all cases to be citizens of the United States. Ves- sels built within the United States, and belonging wholly to citizens thereof, and vessels captured in war by citizens and lawfully condemned as prize, or adjudged to be forfeited for a breach of the laws of the United States, being wholly owned by citi- zens and no others, may be registered as directed by the laws concerning commerce and navigation. No vessel is entitled to be registered, or if registered, to the benefits of registry, if owned in whole or in part by any COMMERCE AND NAVIGATION. 279 citizen of the United States who usually resides in a foreign country, during the continuance of such resi- dence, unless he be a consul of the United States, or an agent for and a partner in some house of trade or copartnership consisting of citizens of the United States actually carrying on trade within the United States. No vessel is entitled to be registered as a vessel of the United States, or, if registered, to the benefits of registry, if owned in whole or in part by any person naturalised in the United States, and residing for more than one year in the country from which he originated, or for more than two years in any foreign country, unless such person be a consul or other public agent of the United States. But this does not prevent the regis- tering anew of any vessel before regis- tered, in case of a sale thereof in good faith to any citizen resident in the United States, satisfactory proof of the citizenship of the purchaser being exhibited to the collector before a new register is granted for such ves- sel. The Secretary of the Treasury may issue a register or enrolment for any vessel built in a foreign country, whenever such vessel is wrecked in the United States and is purchased and repaired by a citizen of the United States, if it be proved to the satisfaction of the Secretary that the repairs put upon such vessel are equal to three-fourths of the cost of the vessel when so repaired. Registers for vessels owned by any incorporated company are issued in the name of the president or secretary of such company, and the register is not va- cated or affected by sales of any shares of stock in such company ; and upon the death, removal, or resignation of the president or secretary, a new register is taken out for the vessel. Every vessel, except as specially pro- vided for, is registered by the collec- tor of that collection district which includes the port to which the vessel belongs at the time of her registry, which is deemed to be that at or nearest to which the owner, or, if there be more than one, the husband or acting and managing owner of the vessel, usually resides. Previous to the registry of any vessel, the husband or acting and managing owner, together with the master thereof, and one or more sureties to the satisfaction of the collector of the district, whose duty it is to make such registry, give bond to the United States, if such vessels be of burden not exceeding 50 tons, in $400 ; if of burden above 50 tons and not exceeding 100 tons, in $800; if over 100 tons and not over 200 tons, $1200 ; if over 200 tons and not over 300 tons, $1600 ; if over 300 tons, $2000. The conditions of this bond are that the certificate of registry shall be solely used for the vessel for which it was granted, and shall not be sold, lent, or otherwise disposed of to any person whomso- ever ; and that if the vessel be lost or taken by an enemy, burned or broken up, or otherwise prevented from re- turning to the port, or it become wholly or partly owned by a foreign- er, the certificate shall, if preserved, be duly delivered up to the collector of the port of registry. Whenever a citizen purchases or becomes owner of any vessel entitled to be registered, such vessel, being within any district other than the one in which he usu- ally resides, is entitled to be regis- tered by the collector of the district where she may be at the time of his becoming her owner. If a registered vessel is sold or transferred in whole or in part by way of trust, confidence, or otherwise to an alien, and such sale or transfer be not duly made known, the vessel, together with her tackle, apparel, and furniture, is for- feited ; but the share of a citizen, wholly ignorant of the sale or trans- 280 COMMERCE AND NAVIGATION. fer to such alien, is not subject to forfeiture. There are other pro- visions aimed against aliens owning any interest in registered vessels. The collector of each district pro- gressively numbers the certificates of registry granted by him, beginning anew at the commencement of each year, and enters an exact copy of each certificate in a book kept for that purpose ; and once in three months transmits to the Register of the Treasury copies of all certificates granted by him, including the num- ber of each. The Secretary of the Treasury provides a system of num- bering vessels registered, enrolled, and licensed, and each vessel has her number and her net tonnage deeply carved, or otherwise permanently marked, on her main beam, and if at any time she ceases to be so marked, she is liable to a fine on every arrival in a port of the United States. The name of every registered vessel and of her port of registry (meaning the port where the vessel is registered or enrolled, or the place in the same district where the vessel was built, or where one or more of the owners reside) must be painted on her stern on a black ground in white, yellow, or gilt letters of not less than three inches in length, under a penalty of $50, one-half going to the informant, the other to the use of the United States. No sea-letter or other docu- ment certifying or proving any vessel to be the property of a citizen of the United States is issued, except to vessels duly registered or enrolled and licensed as vessels of the United States, or to vessels wholly owned by citizens of the United States, and furnished with or entitled to sea-let- ters or other custom-house documents. No bill of sale, mortgage, hypotheca- tion, or conveyance of any vessel or part of any vessel of the United States, is valid against any person other than the grantor or mortgager, his heirs and devisees, and persons having actual notice thereof, unless such bill be recorded in the office of the collector of the customs where the vessel is registered or enrolled. The lien by bottomry on any vessel, creat- ed during her voyage by a loan of money or materials necessary to re-, pair or enable her to prosecute a voy- age, does not, however, lose its pri- ority, or is in any way affected by these provisions. The bills of sale, &c. , to be recorded, must be duly ac- knowledged before a notary public or other officer duly authorised to take acknowledgments. The master or person having the charge or command of any vessel bound to a foreign port delivers to the collector of the district a mani- fest of all the cargo on board and its value, subscribed and sworn to by him, whereupon the collector grants a clearance for the vessel and her cargo. If any vessel bound to a for- eign port depart without delivering such manifest, and obtaining a clear- ance, the master or other person having charge or command is liable to a penalty of 0500. The Secretary of the Treasury is authorised to re- fuse a clearance to any vessel or other vehicle laden with merchandise destined for a foreign or domestic port, whenever he has satisfactory reason to believe that such merchan- dise or any part thereof, whatever be its ostensible destination, is intended for ports in possession or under con- trol of insurgents against the United States ; and if any vessel for which a clearance or permit has been thus refused depart, or attempt to depart, without being duly cleared or per- mitted, such vessel, with her tackle, apparel, furniture, and cargo, is for- feited. Whenever a permit or clear- ance is granted for either a foreign or domestic port, the collector of the customs granting the same can re- quire a bond to be executed by the COMMERCE AND NAVIGATION. 281 master or the owner of the vessel, in a penalty equal to the value of the cargo, and with sureties to his satis- faction that the cargo shall be deliv- ered at the destination for which it is cleared or permitted, and no part thereof be used in affording aid or comfort to any person or parties in insurrection against the authority of the United States. A duty of 3 cents per ton, not to exceed in the aggregate 15 cents per ton in any one year, is imposed at each entry on all vessels which are entered in any port of the United States from any foreign port or place in North America, Central America, the West India Islands, the Bahama Islands, the Bermuda Islands, or the coast of South America bordering on the Carib- bean Sea, or the Sandwich Islands, or Newfoundland ; and a duty of 6 cents per ton, not to exceed 30 cents per ton per annum, is imposed at each entry upon all vessels which are entered in the United States from any other foreign ports, not, however, to include vessels in dis- tress or not engaged in trade. But the President can suspend the col- lection of so much of this duty on vessels entered from any foreign port as may be in excess of the tonnage and lighthouse dues, or other equiva- lent tax or taxes, imposed in said port on American vessels by the Govern- ment of the foreign country in which such port is situated, and from time to time indicates by proclamation the ports to which this suspension applies, and the rate or rates of tonnage duty, if any, to be collected under the suspension. This proclamation also excludes from the benefits of the suspension the vessels of any foreign country in whose ports the fees or dues of any kind or nature imposed on the vessels of the United States, or the import or export duties on their cargoes, are in excess of the fees, dues, or duties imposed on the vessels of the country in which such port is situated, or on the cargoes of such vessels. The President can also by proclamation suspend commercial pri- vileges to vessels of a foreign country which denies the same to United States vessels, and then, the. master or agent of any vessel of that country doing any act prohibited, the vessel and its rigging, tackle, furniture, and boats, and all the goods on board, are liable to seizure and to forfeiture to the United States ; and persons opposing, or aiding and abetting in such opposition to, the enforcement of this seizure, forfeit each $800, and, guilty of a misdemeanour, are, upon conviction, liable to imprisonment for a term not exceeding two years. The Governments of foreign coun- tries are invited to co-operate with the United States in abolishing all lighthouse - dues, tonnage - taxes, or other equivalent tax or taxes on, and all other fees for official services to, the vessels of the respective nations employed in the trade between the ports of such foreign country and the ports of the United States. When a vessel is built in the United States for foreign account, wholly or partly of foreign materials, on which import duties have been paid, there is allowed on such vessel, when export- ed, a drawback equal in amount to the duty paid on such materials, as- certained under such regulations as may be prescribed by the Secretary of the Treasury. Ten per centum of the amount of this drawback, however, is retained for the use of the United States by the collector paying the same. All lumber, timber, hemp, manilla, wire, rope, and iron and steel rods, bars, spikes, nails, and bolts, and copper and composition metal, which may be necessary for the con- struction and equipment of vessels built in the United States for foreign account and ownership, or for the 282 COMMERCE AND NAVIGATION. purpose of being employed in the foreign trade, including the trade between the Atlantic and Pacific ports of the United States, and for vessels of the United States em- ployed in the fisheries or in the whaling business, may be imported in bond, under such regulations as the Secretary of the Treasury may prescribe ; and upon proof that such materials have been used for such purpose, no duties are paid thereon. But vessels receiving this benefit are not allowed to engage in the coastwise trade of the United States more than two months in any one year, except upon the payment to the United States of the duties on which a re- bate has been allowed. No vessels built in the United States for foreign account and ownership are allowed to engage in the coastwise trade of the United States. By the United States laws of 1884, all articles of foreign production needed, and actually with- drawn from bonded warehouses, for supplies, not including equipment, of vessels of the United States engaged in the foreign trade, including the trade between the Atlantic and Pa- cific ports of the United States, may be so withdrawn free of duty, under such regulations as the Secretary of the Treasury may prescribe ; and, by sec. 15 of chap. 421 laws of 1886, this is made to apply to vessels of the United States employed in the fisheries or in the whaling business, in the same manner as to vessels of the United States engaged in the foreign trade. No owner of a vessel is liable for loss by fire happening to or on board the vessel, unless such fire was caused by the design or neglect of such owner. The liability of the owner of a vessel for any embezzlement, loss, or destruction by any person of any property, goods, or merchan- dise shipped or put on board, or for any loss, damage, or injury by colli- sion, or for any matter or thing lost, damage or forfeiture done, occasioned, or incurred, without the privity or knowledge of such owner, in no case exceeds the amount or value of the interest of such owner in the vessel and her freight then pending ; and in cases of general average, if the owner transfers his interest in the vessel and freight for the benefit of the claimants to a trustee appointed by any court of competent jurisdic- tion to act as trustee for the person proved legally entitled thereto, all claims and proceedings against the owner so doing cease. The charterer of a vessel, where he mans, victuals, and navigates a vessel at his own ex- pense or by his own procurement, is deemed the owner of such vessel, and his liability is limited as that of an owner, and the chartered vessel is liable in the same manner as if navi- gated by the owner thereof. These provisions do not take away or affect the remedy to which any party is entitled against the master, officers, or seamen for or on account of any embezzlement, injury, loss, or de- struction of merchandise or property put on board any vessel, or on ac- count of any negligence, fraud, or other malversation of such master, officers, or seamen respectively, nor to lessen or take away any responsi- bility to which any master or seaman of any vessel may by law be liable, notwithstanding such master or sea- man may be an owner or part owner of the vessel. By sec. 18 of chap. 121 of the laws of 1884, the indi- vidual liability of a shipowner is limited to the proportion of any or all debts and liabilities that his in- dividual share of the vessel bears to the whole ; and the aggregate lia- bilities of all the owners of a vessel on account of the same shall not exceed the value of such vessel and freight pending, provided that this shall not affect the liability of any COMMERCE AND NAVIGATION. 283 owner incurred previous to the pas- sage of this Act, nor prevent any claimant from joining all the owners in one action ; nor shall the same apply to wages due to persons em- ployed by said shipowners. By sec. 4 of chap. 421 of the laws of 1886, these provisions relating to the limi- tations of the liability of the owners of vessels are made to apply to all seagoing vessels, and also to all vessels used on lakes or rivers or in inland navigation, including canal- boats, barges, and lighters. The Secretary of the Treasury ap- points a commissioner, called a ship- ping commissioner, for each port of entry, which is also a port of ocean navigation, and which in his judg- ment may require the same ; and he may, from time to time, remove from office any such commissioner whom he has reason to believe does not properly perform his duty. Every shipping commissioner hears and de- cides any question whatsoever be- tween a master, consignee, agent, or owner and any of his crew, which both parties agree in writing to sub- mit to him ; and every award so made by him is binding on both par- ties, and in legal proceedings is deemed conclusive. Any document under the hand and official seal of a commissioner, purporting to be such submission or award, is primd facie evidence thereof. Shipping commissioners render monthly a full, exact, and itemised account of their receipts and expenditures to the Sec- retary of the Treasury. Shipping commissioners may ship and dis- charge crews for any vessel engaged in the coastwise trade, or the trade between the United States and the Dominion of Canada, or Newfound- land, or the West Indies, or the Re- public of Mexico, at the request of the master or owner of such vessel. It is lawful for any seaman to stipu- late in his shipping agreement for an allotment of all or any portion of the wages which he may earn to his wife, mother, or other relative, or to an original creditor in liquidation of any just debt for board or clothing which he has contracted prior to en- gagement, not exceeding $10 per month for each month of the time usually required for the voyage for which the seaman has shipped, under such regulations as the Secretary of the Treasury may prescribe ; but no allotment to any other person or cor- poration is lawful. It is unlawful in any case to pay any seaman wages before leaving the port at which he engages, in advance of the time when he has actually earned the same, or to pay such advance wages to any other person, or to pay any person, other than an officer authorised by Act of Congress to collect fees for such service, any remuneration for the shipment of seamen. Payment of such advance wages or remunera- tion in no case, except as mentioned above, absolves the vessel or owner after the same have been actually earned, and is no defence to a libel suit or action for the recovery of such wages. These provisions apply to foreign vessels; and any foreign vessel, the master, owner, consignee, or agent of which violates the law, or induces or connives at the viola- tion, is refused a clearance from any port of the United States. The master of a vessel in the foreign trade may engage a seaman at any port in the United States, in the manner provided by law, to serve on a voyage to any port, or for the round trip from and to the port of departure, or for a definite time whatever the destination. The mas- ter of a vessel making regular and stated trips between the United States and a foreign country may engage a seaman for one or more round trips, or for a definite time, or, on the return of said vessel to the 284 COMMERCE AND NAVIGATION. United States, may reship such sea- man for another voyage in the same vessel without the payment of addi- tional fees. All masters of vessels of the United States bound to some port of the same are required to take destitute seamen on board their vessels at the request of consular officers, and to transport them to the port in the United States to which such vessel may be bound, on such terrrife, not exceeding $10 for each person for voyages of not more than thirty days, and not exceeding $20 for longer voyages, as may be agreed between the master and the consular officer when the transportation is by a sail- ing-vessel, and the regular steerage passenger rate, not to exceed 2 cents per mile, when the transportation is by steamer. The consular officer issues certificates for such transporta- tion, which are assignable for collec- tion. If any destitute seaman is so disabled or ill as to be unable to per- form duty, the consular officer cer- tifies this in the certificate of trans- portation, and such additional com- pensation is paid as the first comp- troller of the Treasury deems proper. Every master who refuses to receive and transport such seamen, on the request or order of the consular officer, is liable to the United States in a penalty of $100 for each seaman so refused. The certificate of any con- sular officer, given under his hand and official seal, is presumptive evidence of such refusal in any court of law having jurisdiction for the recovery of the penalty. No master is obliged to take a greater number than one man to every 100 tons burden of the vessel on any one voyage, or to take any seaman having a contagious disease. It is the duty of consular officers to reclaim deserters and discounten- ance insubordination by every means within their power, and where the local authorities can be usefully em- ployed for that purpose, to lend their aid and use their exertions to that end in the most effectual manner. In all cases where deserters are appre- hended, the consular officer inquires into the facts ; and if he is satisfied that the desertion was caused by un- usual or cruel treatment, he discharges the seaman, and requires the master of the vessel to pay one month's wages over and above the wages then due ; and the officer discharging such seaman enters upon the crew-list and shipping - articles the cause of dis- charge and the particulars in which the cruelty or unusual treatment con- sisted, and the facts as to his dis- charge or re-engagement, as the case may be, and subscribes his name thereto officially. If any consular officer, when discharging any seaman, neglects to require the payment of and collect the arrears of wages and extra wages required to be paid in case of the discharge of any seaman, he is accountable to the United States to the full amount thereof. If any seaman after his discharge has in- curred any expense for board or other necessaries at the place of his dis- charge, before shipping again, or for transportation to the United States, such expense is paid out of the arrears of wages and extra wages received by the consular officer, which are retained for that purpose, and the balance only is paid over to such seaman. Every steamship which is under sail and not under steam is considered a sailing-ship, and every steamship which is under steam, whether under sail or not, is considered a ship under steam. This is the definition given in an Act to adopt the " Revised In- ternational Regulations for Prevent- ing Collisions at Sea," dated March 3, 1885, which rules and regulations are to be followed in the navigation of all public and private vessels of the COMMERCE AND NAVIGATION. 285 United States upon the high seas, and in all coast waters of the United States, except such as are otherwise provided for. These exceptions are the navigation of vessels of the United States within the harbours, lakes, and inland waters of the United States. According to the United States Re- vised Statutes (sec. 4399), every ves- sel propelled in whole or in part by steam is deemed a steam- vessel within the meaning of the title ' ' Regulation of Steam-vessels." All steam- vessels navigating any waters of the United States, which are common highways of commerce, or open to general or competitive navigation, excepting public vessels of the United States, vessels of other countries, and boats propelled in whole or in part by steam for navigating canals, are sub- ject to the provisions of said title. All coastwise sea-going vessels, and vessels navigating the great lakes, are subject to the navigation laws of the United States when navigating within the jurisdiction thereof ; and all vessels propelled in whole or in part by steam, and navigating as aforesaid, are subject to all the rules and regulations established, in pur- suance of law, for the government of steam-vessels in passing ; and every coastwise sea-going steam-vessel, sub- ject to the navigation laws of the United States, and to the rules and regulations aforesaid, not sailing un- der register, is, when under way, except on the high seas, under the control and direction of pilots licensed by the inspectors of steamboats. There is a supervising inspector- general, who is appointed from time to time by the President, by and with the advice and consent of the Senate, and is selected with reference to his fitness and ability to systematise and carry into effect all the provisions of law relating to the steamboat inspec- tion service. Under the direction of the Secretary of the Treasury, he superintends the administration of the steamboat inspection laws, pre- sides at the meetings of the board of supervising inspectors, receives all reports of inspectors, reports fully at stated periods to the Secretary of the Treasury upon all matters pertaining to his official duties, and produces a correct and uniform administration of the inspection laws, rules, and regula- tions. There are ten supervising in- spectors appointed by the President, by and with the advice and consent of the Senate, each of them selected for his knowledge, skill, and practical experience in the uses of steam for navigation, and a competent judge of the character and qualities of steam- vessels, and of all parts of the ma- chinery employed in steaming. The supervising inspectors and the super- vising inspector-general assemble as a board once in each year at the city of Washington, District of Columbia, on the third Wednesday in January, and at such other times as the Secretary of the Treasury prescribes, for joint- consultation. The Secretary assigns to each of the supervising inspectors the limits of territory within which he is to perform his duties. The board establishes all necessary regula- tions required to carry out in the most effective manner the provisions of law, and these regulations, when approved by the Secretary of the Treasury, have the force of law. Each supervising inspector watches over all parts of the territory assigned to him, visits, confers with, and ex- amines into the doings of the local boards of inspectors within his dis- trict, and instructs them in the pro- per performance of their duties ; and, whenever he thinks it expedient, visits any vessels licensed, and ex- amines into their condition, for the purpose of ascertaining whether the provisions of law have been observed and complied with, both by the board of inspectors and the masters and 286 COMMERCE AND NAVIGATION. owners. All masters, engineers, mates, and pilots of such vessels shall answer all reasonable inquiries and give all the information in their power in regard to any such vessel so visited, and her machinery, and the manner of managing both. When- ever a supervising inspector ascertains to his satisfaction that any master, mate, engineer, pilot, or owner of any steam - vessel, fails to perform his duties according to law, he reports the fact in writing to the board of local inspectors in the district where the vessel was inspected or belongs, and, if need be, causes the negligent or offending party to be prosecuted. If the supervising inspector has good reason to believe that the board which inspected the vessel failed to do its duty, he reports the facts in writing to the Secretary of the Treasury, who immediately causes an investi- gation to be made. An inspector of hulls and an in- spector of boilers are appointed in each of a number of collection dis- tricts, and, in addition, the Secretary of the Treasury appoints in such dis- tricts where their services are actually required assistant inspectors, and also a clerk to any board. Whenever any vacancy occurs in any local board of inspectors, or whenever local inspec- tors are to be appointed for a new district, the siipervising inspectors notify the collector or other chief officers of the customs for the district, and the judge of the district court, for the district in which such appoint- ment is to be made, who, together with the supervising inspector, meet together as a board of designators and fill the vacancy or new inspector- ship. No appointment of an inspector of hulls or of boilers is made without the concurrence of the supervising in- spector. The inspector of hulls and the inspector of boilers thus designa- ted, when approved by the Secretary of the Treasury, constitute, from the date of designation, a board of local inspectors. The supervising inspec- tors see that the several boards of local inspectors within their respec- tive districts execute their duties faithfully, promptly, and, as far as possible, uniformly in all places, and they, as far as practicable, harmonise differences of opinion in different local boards. The local inspectors, at least once in every year, upon application in writing by the master or owner, care- fully inspect the hull of each steam- vessel within their respective dis- tricts, and satisfy themselves that every vessel so submitted to their inspection is of a structure suitable for the service in which she is to be employed, has adequate accommoda- tion for passengers and crew, and is in a condition to warrant the belief that she may be used in navigation as a steamer with safety to life, and that all the requirements of law in regard to fires, boats, pumps, hose, life-preservers, floats, anchors, cables, and other things, are faithfully com- plied with ; and, if they deem it ex- pedient, they may direct the vessel to be put in motion, and may adopt any other suitable means to test her suffi- ciency and that of her equipment. They also inspect the boilers of all steam - vessels before the same are used, and once at least in every year thereafter. They subject all boilers to hydrostatic pressure test, and satisfy themselves that the boilers and machinery and appurtenances may be employed in the service proposed in the written application without peril to life. When the inspection is completed, and the in- spectors approve the vessel and her equipment throughout, they make and subscribe a certificate to the collector or other chief officer of the customs of the district, and verify it by oaths. If they refuse to grant a certificate of approval, they make COMMERCE AND NAVIGATION. 287 a statement in writing, giving the reason for their disapproval, and sign it. The original certificates of inspectors are retained on file by the collector or other chief officer of the customs, and three certified copies are given to the master or owner of the vessel. Two of these copies are framed in glass and placed in con- spicuous places in the vessel, and the other is retained by the master or owner as evidence of the authority thereby conferred. The hull and boilers of every ferry- boat, canal - boat, yacht, or other small craft of like character, pro- pelled by steam, are inspected ; and such other provisions of law for the better security of life as may be ap- plicable to such vessels are, by the regulations of the board of super- vising inspectors, also required to be complied with before a certificate of inspection is granted. No such vessel shall be navigated without a licensed engineer and a licensed pilot. The hull and boiler of every tug- boat, towing-boat, and freight-boat are inspected ; and the inspectors see that their boilers, machinery, and appurtenances are not danger- ous in form or workmanship, and are conform to law. The officers navigating such vessels are licensed in conformity with law, and are sub- ject to the same provisions of law as officers navigating passenger- steamers. The boards of local inspectors license and classify the masters, chief -mates, engineers, and pilots of all steam- vessels ; and it is un- lawful to employ any person, or for any person to serve as a master, chief-mate, engineer, or pilot on any steamer who is not licensed by the in- spectors. Whenever any person ap- plies to be licensed as master of a steam-vessel, the inspectors make diligent inquiry as to his character, and carefully examine the applicant, as well as the proofs which he pre- sents in support of his claim ; and if they are satisfied that his capacity, experience, habits of life, and char- acter are such as warrant the belief that he can be safely intrusted with the duties and responsibilities of the station for which he makes applica- tion, they grant him a licence author- ising him to discharge such duties on any such vessel for the term of one year. This licence may be sus- pended or revoked for cause. The chief-mate, engineer, and pilot of steam - vessels must satisfy the in- spectors as to their respective capaci- ties, &c. , before getting licensed ; and they and masters, before entering upon their respective duties, have re- spectively to make oath before one of the inspectors, to be recorded with the certificate, that they respectively will faithfully and honestly, accord- ing to their best skill and judgment, without concealment or reservation, perform all the duties required of them respectively by law. Their licences are framed under glass, and placed in some conspicuous place in their respective vessels. No state or municipal government shall impose upon pilots of steam- vessels any obligation to procure a state or other licence in addition to that issued by the United States, or any other regulations which will im- pede such pilots in the performance of the duties required by the United States laws ; nor shall any pilot charges be levied by any such autho- rity upon any steamer piloted as pro- vided by the United States laws ; and in no case shall the fees charged for the pilotage of any steam-vessel exceed the customary or legally estab- lished rates in the state where the same is performed. But the regula- tions established by the laws of any state requiring vessels entering or leaving a port in any such state, other than coastwise steam-vessels, to take 288 COMMERCE AND NAVIGATION. a pilot duly licensed or authorised by the laws of such state, or of a state situate upon the waters of such state, are not annulled or affected by the said United States regulations. Any alien who has duly declared his intention to become a citizen of the United States, and has been a permanent resident of the United States for at least six months imme- diately prior to the granting of such licence, may be licensed, as if already naturalised, to serve as an engineer or pilot upon any steam-vessel, subject to inspection as described. No steamer carrying passengers shall depart from any port unless she has in her service a full complement of licensed officers and a full crew, and the requirements of law as to the number of passengers carried, and all other respects, must be complied with. The master keeps a correct list of all the passengers received and delivered from day to day, noting the places where received and landed, which record is open to the inspection of the inspectors and officers of the cus- toms at all times ; and the aggregate number of passengers is furnished to inspectors as often as called for. But on routes not exceeding 100 miles the number of passengers, if kept, is sufficient. Dangerous articles (which are particularised) of freight or of stores are not to be carried on passen- ger - steamers, and there are minute provisions as to watchmen, boats, life-boats, life-preservers, fire-buck- ets, stairways, gangways, &c.', &c. Every steam - vessel of the United States, in addition to having her name printed on her stern, has the same conspicuously placed in distinct plain letters of not less than six inches in length on each outer side of the pilot-house, if she has such, and, in case she has side wheels, also on the outer side of each wheel-house. All foreign private steam - vessels carrying passengers from any port of the United States to any other place or country are subject to most of the provisions of law as to inspection and the transportation of passengers and merchandise, and are liable to visitation and inspection by the pro- per officer in any of the ports of the United States. The Secretary of the Treasury appoints officers, designated as special inspectors of foreign steam- vessels, who perform their duties and make reports to the supervising in- spector - general of steam - vessels under such regulations as the Sec- retary prescribes. Every vessel of the United States going to any foreign country is, at the request of the master, furnished by the collector for the district where such vessel may be with a passport, the form for which is prescribed by the Secretary of State. But the master of such vessel has to bind himself with sufficient sureties to the Treasurer of the United States in the penalty of $2000, conditioned that the passport shall not be applied to the use or protection of any other vessel than the one described in it ; and that in case of the loss or sale of any vessel having such passport, the same shall, within three months, be delivered up to the collector from whom it was received, if the loss or sale take place within the United States, or within six months if the same happen at any place nearer than the Cape of Good Hope, and within eighteen months if at a more distant place. The master of any vessel of the United States departing there- from, bound to any foreign country other than to some port in America, without such passport, is liable to a penalty of $200 for each such offence. Every unregistered vessel owned by a citizen of the United States, and sailing with a sea-letter, going to any foreign country, before she departs from the United States is, at the request of the master, furnished by DOMESTIC COMMERCE. 289 the collector of the district where she may be with a passport, for which the master is subjected to the rules and conditions prescribed for vessels of the United States. On arrival at a foreign port, the master deposits his register, sea - letter, and Mediter- ranean passport with the consul, vice- consul, commercial agent, or vice- commercial agent, if any there be at such port ; and it is the duty of the consul, &c., on the master or com- mander producing to him a clearance from the proper officer of the port where his vessel may be, to deliver to the master all of his papers, if such master or commander has complied with the provisions of law relating to the discharge of seamen in a foreign country, and to the payment of the fees of consular officers. Every mas- ter of any vessel who refuses or neglects to deposit the papers as required is liable to a penalty of $500, to be recovered by such con- sul, &c., in his own name for the benefit of the United States in any court of competent jurisdiction. DOMESTIC COMMERCE. Vessels of 20 tons and upward enrolled in pursuance of law and having a licence in force, or vessels of less than 20 tons, which, although not enrolled, have a licence in force as required by law, and no others, are deemed vessels of the United States entitled to the privileges of vessels employed in the coasting trade or fisheries. To be enrolled, the vessel must possess the same qualifications, and the same requirements in all respects must be complied with as are required before registering a vessel ; and the same powers and duties are conferred and imposed upon all officers respec- tively, and the same proceedings are had in enrolment of vessels, as are prescribed for similar cases in regis- tering ; and vessels enrolled with the masters or owners thereof are subject to the same requirements as are pre- scribed for registered vessels. En- rolments and licences for vessels may be issued in the name of the president or secretary (who takes the oath) of any incorporated company which owns the vessel, without, designating the names of the persons composing such company ; and upon the death, re- moval, or resignation of such presi- dent or secretary, a new enrolment and licence is taken out therefor. Any steamboat employed or intended to be employed only in a river or bay of the United States, owned wholly or in part by an alien resident within the United States, may be enrolled and licensed as if the same belonged to a citizen of the United States, subject to all the provisions of law, except that no oath is required that the boat belongs to a citizen of the United States. Such resident alien, owner of any steamboat, upon appli- cation for enrolment or licence, gives bond to the collector of the district for the use of the United States in the penalty of $1000, with sufficient surety conditioned that the boat shall not be employed in other waters than the rivers and bays of the United States. Any vessel of the United States navigating the waters on the north- ern, north-eastern, and north-western frontiers otherwise than by sea, is enrolled and licensed in such form as other vessels ; and such enrolment and licence authorise any such vessel to be employed either in the coasting or foreign trade on such frontiers, and no certificate of registry is re- quired for vessels so employed. In every other respect such vessel is 290 DOMESTIC COMMERCE. liable to the regulations and penalties relating to registered and licensed vessels. Canal-boats, or boats em- ployed on the internal waters or canals of any state, and all such boats excepting only such as are pro- vided with sails or propelling ma- chinery of their own adapted to lake or coastwise navigation, and except- ing such as are employed in trade with Canada, are exempt from enrol- ment and licence. In order to the licensing of any vessel for carrying on the coasting trade or fisheries, the husband or managing owner, together with the master thereof, with one or more sureties to the satisfaction of the collector granting the same, becomes bound to pay to the United States, if such vessel be of the burden of 5 tons and less than 20 tons, the sum of $100 ; and if 20 tons and not ex- ceeding 30 tons, $200 ; and if above 30 tons and not exceeding 60 tons, 8500 ; and if above 60 tons, &1000 in case it appears, within two years from the date of the bond, that such vessel has been employed in any trade whereby the revenue of the United States has been defrauded during the time the licence granted to such ves- sel remained in force. The master of such vessel shall also swear that he is a citizen of the United States, and that such licence shall not be used for any other vessel or any other employment than that for which it is specially granted, or in any trade or business whereby the revenue of the United States may be defrauded ; and if such vessel be less than 20 tons burden, the husband or manag- ing owner shall swear that she is wholly the property of citizens of the United States ; whereupon it is the duty of the collector of the district comprehending the port whereto such vessel belongs to grant a licence. There are provisions for the enrol- ment and licensing of registered ves- sels upon the registry being given up, and vice versa ; also for changing the district of enrolment, &c. No licence is considered in force any longer than the vessel is owned, and of the description set forth in the licence, or for carrying on any other business or employment than that for which she is specially licensed. The licence has to be given up to the col- lector who granted it within three days after the expiration of the time for which it was granted, if the vessel be within the district, or if absent at that time, within three days after her first arrival within the district ; or if she be sold out of the district, within three days after the arrival of the master within any district, to the collector of such district, taking his certificate therefor. The master is liable to a penalty of $50 for neglect- ing or refusing to deliver up the licence ; but in case of loss or de- struction, the master can, by taking a prescribed oath, avert this penalty. Renewals of licences can be got. In every case when the collector grants any enrolment, licence, certi- ficate, permit, or other document, the naval officer residing at the port, if there be one, signs the same, and every surveyor who certifies a mani- fest, or grants any permit, or who re- ceives any certified manifest or any permit, as is provided for, makes re- turn thereof monthly, or sooner, if it can conveniently be made, to the col- lector of the district where such sur- veyor resides. The collector of each district progressively numbers the licences by 'him granted, beginning anew at the commencement of each year, and makes a record thereof in a book kept for that purpose, and once in three months transmits to the Register of the Treasury copies of the licences granted by him, and also of such licences as have been given up or returned by him. Whenever any vessel is licensed or enrolled DOMESTIC COMMERCE. 291 anew, or being licensed or enrolled, is afterwards registered, or being registered, is afterward enrolled or licensed, she is in every such case enrolled, licensed, or registered by her former name. Every licensed vessel must have her name and the port to which she belongs painted on her stern in the manner prescribed for registered vessels, under a penalty of $20. The Secretary of the Treas- ury may authorise the surveyor of any port of delivery to enrol and license vessels to be employed in the coasting trade and fisheries, in like manner as collectors of ports of entry are authorised to do. No merchandise shall be trans- ported, under penalty of forfeiture thereof, from one port of the United States to another port of the United States in a vessel belonging wholly or in part to a subject of any foreign power ; but this does not prohibit the sailing of any foreign vessel from one to another port of the United States, provided no merchandise other than imported in such vessel from some foreign port, and which has not been unladen, is carried from one port or place to another in the United States. The master of such foreign vessel must in all cases, previous to her departure, deliver to the collector of the district duplicate manifests of the cargo on board, or if none, make oath thereto, and obtain a permit from the collector authorising him to proceed to the place of his destina- tion. The sea- coast and navigable rivers of the United States are divided into three great districts : the first in- cludes all the collection districts on the sea-coasts and navigable rivers between the eastern limits of the United States and the southern limits of Georgia ; the second includes all those between the river Perdido and the Rio Grande ; and the third in- cludes all those between the southern limits of Georgia and the river Per- dido. Whenever any vessel of the United States, registered according to law, is employed in going from any one dis- trict in the United States to any other district, such vessel and the master thereof, with the goods she may have on board previous to her departure from the district where she may be, and also upon her arrival in any other district, is subject, except as to the payment of fees, to the same regulations, provisions, penalties, and forfeitures, and the like duties are imposed on like officers as are pro- vided for vessels licensed for carrying on the coasting trade. But this does not extend to registered vessels of the United States having on board mer- chandise of foreign growth or man- ufacture, brought into the United States in such vessel from a foreign port, and on which the duties have not been paid according to law. Whenever any vessel licensed for carrying on the fishery is intended to touch and trade at any foreign port, it is the duty of the master or owner to obtain permission for that purpose from the collector of the district where such vessel may be previous to her departure, and the master of every such vessel delivers like mani- fests and makes like entries both of the vessel and of the merchandise on board within the same time and under the same penalty as are by law provided for vessels of the United States arriving from a foreign port. A vessel licensed to carry on the fisheries, when found within three leagues of the coast with merchandise of foreign growth or manufacture ex- ceeding the value of 3500, without having permission as stated, is, to- gether with the merchandise of for- eign growth or manufacture imported therein, subject to seizure and for- feiture. All steam-tug boats not of the 292 DOMESTIC COMMERCE. United States found employed in towing documented vessels of the United States plying from one port or place in the same to another are liable to a penalty of 50 cents per ton on the measurement of every such vessel so towed by them respectively, to be recovered by way of libel or suit ; but this does not apply where the towing in whole or in part is within or upon foreign waters. Any foreign railroad company or corpora- tion whose road enters the United States by means of a ferry or tug boat may own such boat, and it is subject to no other or different restric- tions or regulations in such employ- ment than if owned by a citizen of the United States. Every vessel of 20 tons or up- wards, entitled to be documented as a vessel of the United States, other than registered vessels found trading between district and district, or be- 'tween different places in the same district, or carrying on the fishery without being enrolled and licensed, and every vessel of less than 20 tons, and not less than 5 tons burden, found trading or carrying on the fishery, as aforesaid, without a licence, is liable to a fine of $30 at every port of arrival without such enrolment or licence. But if the licence expired while the vessel was at sea, and there has been no opportunity to renew it, the fine is not incurred. Foreign vessels found transporting passengers between places or ports in the United States, when such passengers have been taken on board in the United States, are liable to a fine of $2 for every passenger landed. No railroad company within the United States whose road forms any part of a line of road over which cattle, sheep, swine, or other animals are conveyed from one state to an- other, or the owners or masters of steam, sailing, or other vessels carry- ing or transporting such animals from one state to another, shall confine them in cars, boats, or vessels of any description, for a longer period than twenty-eight consecutive hours with- out unloading them for rest, water, and feeding, for a period of, at least, five consecutive hours, unless pre- vented from so unloading by storm or other accidental causes. In esti- mating such confinement, the time during which the animals have been confined without such rest on con- necting roads from which they are received is included, it being the intention to prohibit their continuous confinement beyond the period of twenty-eight hours, except upon the contingencies stated. Animals so unloaded shall be properly fed and watered during such rest by the owner or person having the custody thereof, or in case of his default in so doing, then by the railroad com- pany or owners or masters of boats, or vessels transporting them, at the expense of the owner or person in custody thereof ; and such company, owners, or masters, in such case, have a lien upon such animals for food, care, and custody furnished, and are not liable for any detention of such animals. Any company, owner, or custodian who knowingly and will- ingly fails to comply, is subject to a penalty of not less than $100, nor more than $500 ; but when animals are carried in cars, boats, or other vessels, in which they can and do have proper food, water, space, and opportunity to rest, these provisions as to unloading do not apply. REGULATION OF FISHERIES. 293 REGULATION OF FISHERIES. The master of any vessel of the burden of 20 tons or upwards, quali- fied according to law for carrying on the bank and other cod fisheries, or the mackerel fishery, bound from a port of the United States to be em- ployed in any such fishery at sea, before proceeding on his fishing voy- age, has to make an agreement in writing with every fisherman em- ployed, except only an apprentice or servant of himself or owner, and in addition to such terms of shipment as may be agreed on, express whether the same is to continue for one voyage or for the fishing season ; and also express that the fish, or the proceeds of such fishing voyage or voyages, which may appertain to the fishermen, shall be divided among them in pro- portion to the quantities or number of such fish which they may respectively have caught. This agreement shall be indorsed or countersigned by the owner of the fishing vessel or his agent. If any fisherman, having so engaged himself and signed an agree- ment therefor, thereafter, and while such agreement remains in force and to be performed, deserts or absents himself from such vessel, without leave of the master thereof, or of the owner or his agent, such deserter is liable to the same penalties as de- sertiiig seamen are subject to in the merchant service, and may in the like manner, and upon the like complaint and proof, be apprehended and de- tained ; and the costs can be deducted out of the deserter's share of fish or proceeds. Every fisherman so en- gaged, who during the fishing voy- age refuses or neglects his proper duty on board the fishing vessel, being thereto ordered or required by the master thereof, or otherwise resists his just demands, to the hin- drance or detriment of the voyage, besides being answerable for all dam- ages arising thereby, forfeits, to the use of the owner of the vessel, his share of any public allowance which may be paid upon such voyage. When such a fishing agreement is made and signed, and any fish caught are delivered to the owner, or to his agent, for cure, and sold, the vessel, for the term of six months after such sale, is liable for the master's and every other fisherman's share of such fish, and may be pro- ceeded against in the same form and to the same effect as any other vessel is by law liable and may be pro- ceeded against, for the wages of sea- men or mariners in the merchant service. The owner or his agent must, in such proceedings, produce a just account of the sales and divi- sion of such fish, according to the agreement or contract ; otherwise the vessel is answerable for what may be the highest value of the shares de- manded. But the owner or his agent may, upon appearing to answer, offer his account of supplies therefor made to either of the demandants, and is allowed to produce evidence thereof in answer to their demands respec- tively. When process is issued against any vessel so liable, there is an immediate discharge of the vessel, if the owner or his agent give bond to each fisherman insti- tuting it, with sufficient security to the satisfaction of two justices of the peace, of whom one is named by the owner or his agent, and the other by the fisherman or fish- ermen pursuing such process ; Or if either party refuses, then the justice first appointed names his associate, with condition to answer and pay whatever sum is recovered. This pro- vision does not prevent any fisherman proceeding by action at common law. 294 YACHTS LIFE-SAVING SERVICE. YACHTS. The Secretary of the Treasury may cause yachts used and employed exclusively as pleasure - vessels, and designed as models of naval architec- ture, if entitled to be enrolled as American vessels, to be licensed on terms which will authorise them to proceed from port to port of the United States, and by sea to foreign ports, without entering or clearing at the custom-house. Such licences are in the form the Secretary pre- scribes. The owner of any such ves- sel, before taking out a licence, has to give a bond in the form and for the amount the Secretary of the Treasury prescribes, conditioned that the vessel shall not engage in any unlawful trade, nor in any way vio- late the revenue laws of the United States, and shall comply with the laws in all other respects. Vessels so enrolled and licensed are not al- lowed to transport merchandise or carry passengers for pay, and are in all respects, except as above stated, subject to the laws of the United States, and are liable to seizure and forfeiture for any violation of the provisions of law. All such licensed yachts use a signal of the form, size, and colour prescribed by the Secre- tary of the Navy ; and the owners thereof shall at all times permit the naval architects in the employ of the United States to examine and copy the models of such yachts. For the identification of yachts and their owners, a commission to sail for pleasure in any designated yacht, be- longing to any regularly organised and incorporated yacht club, stating the exemption and privileges enjoyed under it, may be issued by the Secre- tary of the Treasury, and is a token of credit to any United States offi- cial, and to the authorities of any foreign Power, for privileges enjoyed under it. Every yacht visiting a foreign country under the above stated provisions shall, on her return to the United States, make due en- try at the custom-house of the port at which on such return she shall arrive. Yachts belonging to a regularly organised yacht club of any foreign nation, which extends like privileges to the yachts of the United States, have the privilege of entering or leaving any port of the United States without entering or clearing at the custom-house thereof, or paying ton- nage-tax. LIFE-SAVING SERVICE. By the United States laws of 1854, 1871, 1873, and 1874, which are em- bodied in the United States Revised Statutes, the Secretary of the Treas- ury might establish such stations on the 'coasts of Long Island and New Jersey, for affording aid to ship- wrecked vessels thereon, and might make such changes in the location of the existing stations, and make such repairs, and furnish such appar- atus and supplies as might in his judgment be best adapted to the preservation of life and property from such shipwrecked vessels. He might employ at each of these sta- tions a keeper, with a salary of $200; also a superintendent, who should have the powers and perform the duties of an inspector of customs for each of the said coasts ; and he might also employ crews of experienced surfmen at such stations on the coasts of Long Island and New Jersey, for LIFE-SAVING SERVICE. 295 such periods as he might deem neces- sary and proper, with pay of not over $40 each a-month. He might also establish such stations at such lighthouses as in his judgment he should deem best, and the keepers of such lights should take charge of such boats and apparatus as he might put in their charge respectively, as a part of their official duties. No boat was to be purchased and locat- ed under these provisions at any point other than on the coasts of Long Island and New Jersey, unless they were placed in the immediate care of an officer of the Government, or unless bond was given by proper individuals living in the neighbour- hood, conditioned for the care and preservation of the same, and its application to the uses intended. The Secretary of the Treasury might appoint a keeper for each of the ten life-saving stations on the coasts of Cape Cod, Massachusetts, and Block Island, Rhode Island, and employ crews of experienced surfmen, with similar salaries to those mentioned. He was to provide for the establish- ment of ten life-saving stations on the coasts of Maine, New Hampshire, and Massachusetts, Virginia, and North Carolina, at such points as he might deem necessary, provided that all life - saving stations thereafter erected should be erected under the supervision of two captains of the revenue service to be designated by him, and to be under his direction. By the Act of June 20, 1874, chap. 344, intituled, "An Act to provide for the establishment of life-saving stations and houses of refuge upon the sea and lake coasts of the United States, and to promote the efficiency of the Life-Saving Service," the Secre- tary of the Treasury was authorised to establish life-saving stations, life- boat stations, and houses of refuge at or near the vicinity of named points upon the sea and lake coasts of Delaware, Maryland, Virginia, Florida, Washington Territory, Ore- gon, California, Lake Ontario, Lake Erie, Lake Huron, Lake Michigan, and Lake Superior ; and to appoint one superintendent for the coasts of Delaware and Virginia, one for Flor- ida, one for Lakes Erie and On- tario, one for Lakes Huron and Superior, and one for Lake Michi- gan, who should have the powers and perform the duties of inspectors of customs ; and to appoint a keeper for each of the stations and houses of refuge. He was also authorised to appoint an assistant to the Long Island superintendent, to live on Block Island and perform the duties of superintendent of the life-saving stations within the State of Rhode Island, with an annual salary of $500. The Secretary might employ crews of experienced surfmen, paid not over $40 each man monthly, at stations denominated complete sta- tions, and at such stations on the Pacific coast as he might deem neces- sary and proper, and for such periods as he might deem necessary. He might accept the services of volun- teer crews at any of the authorised lifeboat stations, who should be sub- ject to the rules and regulations governing the Life-Saving Service ; and a list of the names of each crew should be kept in the office of the Secretary of the Treasury. These volunteers should receive no com- pensation except a sum of not more than $10 each for every occasion upon which they should have been instrumental in saving human life, and such of the medals as they might be entitled to under the provisions of this Act. But no payment should be made to any person who should not actually have participated in the efforts to save the life or lives res- cued. The medals were of two classes, the first being confined to cases of extreme and heroic daring, and the 296 LIFE-SAVING SERVICE. second to cases not sufficiently dis- tinguished to deserve the medal of the first class. But no medal was to be awarded until sufficient evi- dence of deserving should have been filed with the Secretary of the Treas- ury and entered upon the records of the department. Whenever any vessel of the United States has sustained or caused any accident involving the loss of life, the material loss of property, or any serious injury to any person, or has received any material damage affect- ing her seaworthiness or her effici- ency, the managing owner, agent, or master shall, within five days after the same happened, or as soon there- after as possible, send by letter to the collector of customs of the dis- trict wherein such vessel belongs, or of that within which such accident or damage occurred, a signed report thereof in proper form, under penalty of $100 for failure to do so. And whenever the managing owner or agent of any vessel of the United States has reason, owing to the non- appearance of such vessel, or to any other circumstance, to apprehend that such vessel has been lost, he shall, as soon as conveniently may be, send notice in writing to the collector of customs of the port to which the vessel belonged of such loss, and the probable occasion thereof, stating the name and the official number (if any) of the vessel, and the names of all persons on board as far as the same can be ascertained, and shall furnish upon request of the collector such additional information as he may be able. The Act of 18th June 1878 author- ised the establishment of a number of additional life-saving and lifeboat stations upon the sea and lake coasts, and the appointment of a district superintendent for the coast border- ing on the Gulf of Mexico, and of keepers for each station to be estab- lished. Keepers are to take charge and protect all property saved from shipwreck at which they may be present, until it is claimed by parties legally authorised to receive it, or until otherwise instructed to dispose of it by the Secretary of the Treas- ury. They are also required to re- side continually at or in the immedi- ate vicinity of their respective sta- tions. The life-saving stations upon the sea and gulf coasts at which crews are employed shall be manned, and the stations opened for active service, on the 1st day of September in each year, and so continue until the 1st day of May succeeding, and upon the lake coasts from the open- ing to the close of navigation, except such stations as the Secretary in his discretion deems not necessary to be manned during the full period. The crews reside at the stations during said periods. The President of the United States may, by and with the advice and consent of the Senate, appoint a suitable person familiar with the various means employed in the Life-Saving Service for the sav- ing of life and property from ship- wrecked vessels, as general superin- tendent of that service, to have, under the immediate direction of the Secre- tary of the Treasury, general charge of the service and of all administrat- ive matters connected therewith, with a salary of $4000 ; and the Secretary of the Treasury may appoint an as- sistant to the general superintendent with a salary of $2500. The duties of the general superintendent are laid down with precision, and he has to acquaint himself as far as prac- ticable with all means employed in foreign countries which may seem to advantageously affect the interests of the service, and to cause to be prop- erly investigated all plans, devices, and inventions for the improvement of life-saving apparatus for use at the stations which may appear to be LIFE-SAVING SERVICE. 297 meritorious and available. He has also to collect and compile the stat- istics of marine disasters, and to sub- mit to the Secretary of the Treasury for transmission to Congress an annual report of the expenditures of the moneys appropriated for the Life- Saving Service, and of the operations of said service during the year. The Secretary of the Treasury may detail such officers of the revenue marine service as may be necessary, to act as inspectors and assistant inspectors of stations. Where any shipwreck within the scope of the operations of the Life-Saving Service occurs, at- tended with loss of life, the general superintendent has to investigate all the circumstances with the view of ascertaining the cause of the disaster. Persons volunteering to take the place of disabled or absent members of volunteer crews may be paid therefor, in the discretion of the Sec- retary of the Treasury, not over $8 each on every such occasioa. All crews and volunteers present at a wreck are required to use their ut- most endeavours to save life, and properly care for the bodies of such as may perish, then to save property and protect it. For the time em- ployed in saving and protecting pro- perty, volunteers may be paid $3 per day each, or less. The enrolled members of crews may be called out for drill and exercise in the lifeboat and life-saving apparatus as often as the general superintendent may de- termine, not exceeding twice a-month, and be paid for each day's attend- ance $3 each. The Secretary of the Treasury can bestow the second-class life-saving medal upon persons mak- ing such signal exertions in rescuing and succouring the shipwrecked, and saving persons from drowning, as in his opinion merits such recognition. The Act of 1882 authorised the establishment of additional life-sav- ing stations and houses of refuge up- on the sea and lake coasts, at such points as the general superintendent might recommend to the Secretary of the Treasury ; and the discontinu- ance of any life-saving or lifeboat station or house of refuge, whenever the Secretary in his judgment deemed the interests of commerce and hu- manity no longer required its exist- ence. All district superintendents are disbursing officers and paymasters for their respective districts, and give such bonds as the Secretary re- quires ; and they have the powers and perform the duties of inspectors of customs, their salaries, according to district, being respectively $1800, $1500, or $1200. The compensations of keepers of stations and houses of refuge shall not exceed $800 each a- year, nor those of the men employed, $50 each a-month. Any keeper or member of a crew disabled in the line of duty is continued upon the rolls of the service during disability, or one year, and possibly a second year; or, if he die, his widow, or child or children under sixteen years of age, are entitled to receive in equal por- tions, during a period of two years, the same amount as the husband or father would have received if alive and in the service. On second mar- riage the widow forfeits her rights, the child or children equally bene- fiting ; and when a child reaches the age of sixteen, his or her rights cease and those under sixteen benefit. By the Act of 1882 the life-saving medals of the first and second class were to be in the future designated as the gold and silver life-saving medal respectively ; and any person who had received a medal and again performed an act entitling him to a medal of the same class should re- ceive in lieu of a second medal a bar, suitably inscribed, of the same metal as his medal, to be attached to a ribbon of such description as the Secretary of the Treasury prescribed, 298 LIGHTHOUSES. which might be fastened to his medal, and for every such additional act an additional bar. Whenever any per- son becomes entitled to a bar repre- senting a gold medal, the Secretary of the Treasury is authorised to award him, in addition to said bar, such token as is customary to award in acknowledgment of the services of masters and crews of foreign vessels in rescuing American citizens from shipwreck. From time to time appropriations are made for establishing new life- saving and lifeboat stations and houses of refuge. In 1886 an ap- propriation of $4000 was made for expenses which might be incurred in the acknowledgment of the services of masters and crews of foreign ves- sels in rescuing American citizens or seamen from shipwreck. The 1886 appropriation, "to be expended by the Secretary of War for expenses of the meteorological observation, and report by telegraph, signal, or otherwise announcing the probable approach and force of storms, for the benefit of commerce and agriculture of the United States," included a sum ' ' for expenses of storm, cautionary, offshore, cold wave, and other signals on the sea, lake, and gulf coasts of the United States and in the interior, announc- ing the probable approach and force of storms," &c. ; and another sum ' ' for continuing the connections of signal - stations with life-saving sta- tions or lighthouses, including ser- vices of operators, repair-men, mater- ials, and general service, being for the maintenance and repair of the military telegraph-line along the At- lantic coast of the United States." $120,000 was appropriated for tele- graphing reports, messages, and other information in connection with the observation and report of storms. LIGHTHOUSES. The President appoints two officers of the Navy of high naval rank, two officers of the corps of engineers of the Army, and two civilians of high scientific attainments whose services may be at the disposal of the Presi- dent, together with an officer of the Navy and an officer of engineers of the Army as secretaries, who consti- tute the Lighthouse Board. The Secretary of the Treasury is ex officio president of the Lighthouse Board ; but in his absence one of the board, elected by ballot, presides as chair- man at meetings, and performs such acts as may be prescribed by the rules of the board. The board meets for the transaction of business on the first Mondays in March, June, Sep- tember, and December ; but the Sec- retary of the Treasury may convene the board whenever, in his judgment, the exigencies of the service require it. The Lighthouse Board is attached to the office of the Secretary of the Treasury, and under his superintend- ence discharges all administrative duties relating to the construction, illumination, inspection, and superin- tendence of lighthouses, light-vessels, beacons, buoys, sea-marks, and their appendages, and embracing the secur- ity of foundations of works already existing, procuring illuminating and other apparatus, supplies and ma- terials of all kinds for building and for rebuilding when necessary, and keeping in good repair the light- houses, light - vessels, beacons, and buoys of the United States ; and has the charge and custody of all the archives, books, documents, draw- ings, models, returns, apparatus, and other things appertaining to the light- LIGHTHOUSES. 299 house establishment. The board fur- nishes, upon the requisition of the Secretary of the Treasury, all the estimates of expense which the sev- eral branches of the lighthouse ser- vice may require, and such other in- formation as may be required to be laid before Congress at the commence- ment of each session. It is authorised, whenever an appropriation has been made by Congress for a new light- house, the proper site for which does not belong to the United States, to purchase the necessary land, provided the purchase-money be paid from the amount appropriated for such light- house. No lighthouse, beacon, pub- lic piers, or land-mark shall be built or erected on any site until cession of jurisdiction over the same has been made to the United States. A cession by a state of jurisdiction over a place selected as the site of a lighthouse or other structure or work of the light- house establishment is deemed suf- ficient, notwithstanding it contains a reservation that process issued under authority of such state may continue to be served within such place ; and, notwithstanding the cession contains no such reservation, all process may be served and executed within the place ceded in the same manner as if no cession had been made. When- ever preliminary surveys are required to ascertain the necessity for any lighthouse, lightship, beacon, or other warning to vessels, the erection of which is authorised by law, or to determine the proper site for the same, or to ascertain more fully what the public exigency requires, the Secretary of the Treasury may cause the necessary examinations and sur- veys on the seaboard to be made under the direction of the Superin- tendent of the Coast Survey, and those on the north-western lakes to be made under the direction of the corps of engineers. In all cases in which adverse reports are made, they are submitted to Congress at its next session ; and in all cases in which the objects authorised are favourably re- ported upon, the works may be com- menced immediately after valid titles and cessions of jurisdiction have been obtained to the sites. The Lighthouse Board causes to be prepared by the engineer, secretary of the board, or by such officer of engineers of the Army detailed for that service, all plans, drawings, specifications, and estimates of cost, of all illuminating and other appar- atus, and of construction and repairs of towers, buildings, &c., connected with the lighthouse establishment ; and no bid or contract is accepted or entered into except upon the de- cision of the board at a regular or special meeting, and through their properly authorised officers. All materials for the construction and repair of lighthouses, &c. , are pro- cured by public contracts, under such regulations as the board from time to time adopts, subject to the approval of the Secretary of the Treasury ; and all works of construc- tion, renovation, and repair are made by the orders of the board, under the immediate supervision of their en- gineer, secretary, or of an engineer of the Army detailed for that service. No contract for the erection of any lighthouse is made except after public advertisement for proposals, in such form and manner as to secure general notice thereof ; and the same is only made with the lowest bidder there- for, upon security deemed sufficient in the judgment of the Secretary of the Treasury. The Lighthouse Board arranges the Atlantic, Gulf, Pacific, and lake coasts of the United States into lighthouse districts. An officer of the Army or Navy is assigned to each district as a lighthouse-inspec- tor, subject to the orders of the Lighthouse Board; and he receives 300 LIGHTHOUSES. for such service no other than his regular Army or Navy pay and emoluments, except the legal allow- ance per mile when travelling under orders connected with his duties. The Secretary of the Treasiiry as- signs to any of the collectors of the customs the superintendence of such lighthouses, beacons, lightships, and buoys as he deems best ; but no per- son whose compensation as collector of customs exceeds $3000 a-year re- ceives any compensation as disburs- ing agent for the lighthouse estab- lishment ; but where his compensa- tion is under that sum, he may receive for such services not more than $400 in any fiscal year. The Secretary of the Treasury may, upon the recommendation of the Light- house Board, discontinue or re-estab- lish lights ; and after a week's notice to the public, he may sell and convey any real estate no longer used for lighthouse purposes, the avails of such sale to be paid into the national Treasury. The Lighthouse Board is author- ised to lease the necessary grounds for all post-lights and beacons as are used to point out navigable channels in a large number of rivers, &c. The board may place a light-vessel, or other suitable warning of danger, on or over any wreck or temporary obstruction to the entrance of any harbour, or in the channel or fairway of any bay or sound. It must pro- perly mark all pier-heads belonging to the United States situated on the northern and north-western lakes, whenever the board is duly notified by the department charged with the construction or repair of pier-heads that the construction or repair of any such pier-head has been completed. All buoys along the coast, or in bays, harbours, sounds, or channels, are ordered and numbered so that passing up the coast or sound, or entering the bay, harbour, or channel, red buoys with even numbers are passed on the starboard hand, black buoys with uneven numbers on the port hand, and buoys with red and black stripes on either hand. Buoys in channel- ways are ordered with alternate white and black perpendicular stripes. No additional salary is allowed to any civil, military, or naval officer on account of his being employed on the Lighthouse Board, or being in any manner attached to the light- house service. No member of the Lighthouse Board, inspector, light- keeper, or other person in any man- ner connected with the lighthouse service, shall be interested, either directly or indirectly, in any contract for labour, materials, or supplies for the lighthouse service, or in any patent, plan, or mode of construction or illumination, or in any article of supply for the lighthouse service. Special acts are passed authorising railroad companies or others to con- struct bridges over channels of rivers, &c., in accordance with such plans devised for the safe passage of vessels as shall be approved by the Secretary of War ; and to construct and main- tain such facilities, and be governed by such regulations for the passage of vessels, as the Secretary of Wai- shall approve. The Act of 1886, authorising the city of Detroit to bridge across the Detroit river be- tween that city and Belle Isle Park, enacted that the channel of said river should not be unreasonably obstructed, but that a draw or pivot span of not less than 125 feet clear, opening on each side of the pivot- pier, should be located over the chan- nel in such a manner that one or both of the openings of the draw or pivot span would be conveniently and safely reached and passed by boats pursuing the ordinary channel of the river ; that one opening at least of a draw or pivot span should be over the best and most convenient channel COAST AND GEODETIC SURVEY. 301 of the river for such classes of river traffic as should find it convenient to use said channel. The height of the bridge has to be approved by the Secretary of War. All draw or pivot spans have to be operated by steam or other reliable mechanical power, and shall be opened promptly upon such signals as are prescribed by law for the passage of boats through draw or bridge. The piers upon which the bridge is built shall be parallel with the current of the river, and so as to avoid producing cross-currents, or bars dangerous to navigation ; and if after construction any piers are found to produce these effects, the nuisance shall be abated or corrected by or at the expense of the corporation owning or operating the bridge, and when advised by the Secretary of War. It is the duty of the municipal corporation authorised to erect a bridge under this Act to maintain at its own expense, from sunset to sunrise of each day through- out the season of navigation, and during heavy fogs, such lights on the bridge as may be required by the Lighthouse Board for the security of navigation. As is usually enacted, this bridge shall be recognised and known as a post-route, over which the mails, troops, and munitions of war of the United States may be transported at no higher charge than is made for transportation of said mails, troops, and munitions of war over railroads and public highways leading to said bridge ; and the United States shall have the right of way for postal telegraph lines and appliances across said bridge. In case of any litigation from any ob- struction or alleged obstruction to navigation created by the construc- tion of the bridge, the cause or question arising may be heard by the district court of the United States of any state in which any portion of said obstruction or bridge touches. The municipal laws and ordinances of the city of Detroit may be en- forced on said bridge ; and the care, control, and use of the same shall be governed by ordinances of the city enacted as though said bridge was a public street in said city. COAST AND GEODETIC SURVEY. The appropriations for sundry civil expenses of the Government, for the fiscal year^ ending 30th June 1887, provide for the continuance of the Coast and Geodetic Survey, and the following is an extract : " For every expenditure requisite for and inci- dent to the survey of the Atlantic, Gulf, and Pacific coasts of the United States, including the survey of rivers to the head of tide-water or ship navigation ; deep-sea soundings, tem- perature, and current observations along the coasts and throughout the Gulf Stream and Japan Stream flow- ing off the said coasts ; tidal observa- tions ; the necessary resurveys ; the preparation of the Coast Pilot ; a mag- netic map of North America ; and in- cluding compensation, not otherwise appropriated for, of persons employed on the field work, in conformity with the regulations for the government of the Coast and Geodetic Survey adopted by the Secretary of the Treasury ; for special examinations that may be required by the Light- house Board -or other proper author- ity ; and, including travelling ex- penses of officers and men of the Navy on duty, for commutation to officers of the field force while on field duty, at a rate to be fixed by the Secretary of the Treasury, not exceeding $2. 50 per day each ; out- fit, equipment, and care of vessels 302 COAST AND GEODETIC SURVEY. used in the survey, and also the repairs and maintenance of the com- plement of vessels, to be expended under the following heads : Provided that no advance of money to chiefs of field parties under this appropriation shall be made unless to a commissioned officer or to a civilian officer, who shall give bond in such sum as the Secretary of the Treasury may direct." It is unnecessary to state the several items, which are numer- ous, and foot up a total well into the hundreds of thousands of dollars. " No part of the money herein appro- priated for the Coast and Geodetic Survey shall be available for allow- ance to civilian or other officers for subsistence while on duty in the office at Washington, or to officers of the Navy attached to the survey ; nor shall there hereafter be made any allowance for subsistence to officers of the Navy attached to the Coast and Geodetic Survey." The party expenses include " the survey of the coast of Maine eastward from Machias Bay towards Quoddy Head, . . . examination of reported dangers and changes on the eastern coast, . . . continuing resurvey of Long Island Sound and finishing same, . . . completing resurvey of Delaware Bay and river, including current observations, . . . continu- ing examination of changes and re- surveys on the sea-coast of New Jer- sey, . . . continuing the examina- tions and surveys of estuaries of Chesapeake Bay, and of sounds and tide-water passages in North and South Carolina not heretofore sur- veyed, . . . continuing the survey of the western coast of Florida from Estero Bay southward and from Saint Joseph's Bay northward, and hydrography of same, . . . continu- ing the survey of the coast of Louis- iana west of the Mississippi delta, and hydrography on the coasts of Louisiana and Texas, ... to make off-shore soundings along the Atlantic coast, and current and temperature observations in the Gulf-Stream, . . . physical surveys and examinations of Monomy Shoals, Nantucket Sound, . . . continuing the researches in physical hydrography relating to har- bours and bars, . . . determinations of geographical positions (longitude party), ... to continue the primary triangulation from Atlanta toward Mobile, . . . continuing an exact line of levels from the Gulf to the transcontinental line of levels between the Atlantic and Pacific Oceans, and for continuing the transcontinental line of levels, ... to continue tide observations on the Atlantic coast, ... to continue magnetic observa- tions on the Atlantic and Gulf coasts, ... to continue gravity experiments at a cost not exceeding $500 per sta- tion, except for special investigations and experiments authorised by the superintendent at one or more sta- tions, ... to continue the comple- tion of the Coast Pilot, and to make special hydrographic examinations for the same, . . . continuing the topographical survey of the coast of Southern California, . . . continuing the survey of the coast of Oregon, including off-shore hydrography, and to complete the survey of Columbia river and Willamette river to the head of ship navigation, . . . con- tinuing the survey of the coast of Washington territory, . . . continu- ing explorations in the waters of Alaska, and making hydrographic surveys in the same, . . . travelling expenses of officers and men of the Navy on duty, and for any special surveys that may be required by the Lighthouse Board or other proper authority, and contingent expenses incident thereto, . . . continuing tide observations on the Pacific coast, . . . magnetic observations on the Pacific coast, . . . furnishing points for state surveys, to be applied as far GEOLOGICAL SURVEY. 303 as possible in states where points have not been furnished. . . . Trans- continental geodetic work for con- tinuation of geodetic work on trans- continental line between the Atlantic and Pacific Oceans, . . . continuing resurvey of New York Bay and har- bour, including East river to Throg's Neck, . . . continuing physical hydro- graphy of New York Bay and har- bour, including East river to Throg's Neck, . . . resurvey of San Fran- cisco Bay, and of San Pablo and Tinson Bays and the Strait of Car- quinez, and examination of San Fran- cisco Bar and entrance, and the mouths of the Sacramento and San Joacquin rivers." It is necessary to refer to the atlas in order to comprehend the vast ex- tent of land and water included in these operations, and to remember that the coast-line is not a bee-line. The greatest length of the United States, from the Atlantic., to the Pacific, on the parallel of 42, is 2768 miles, and the greatest width, from Point Isabel, Texas, to the northern boundary near Pembina, is 16011 miles. The deepest fresh- water lake is Crater Lake, in Ore- gon, which has a maximum depth of 2005 feet. The annual report of 1886 showed that, diiring the past year, surveys were carried on within the limits of thirty-one states, three territories, and the District of Columbia ; also hydrographic surveys off the coasts | of fifteen states and two territories ; I and also that due attention was paid to resurveys of important har- bours and highways. The appendi- ces contain matters of much inter- est, such as the studies of ice-for- mation and movement in the Dela- ware river and bay ; the observation of currents in the Gulf - Stream ; the near approach of a junction of the transcontinental triangulations, which will form a geodetic connec- tion between the work on the At- lantic and that on the Pacific ; the advance towards completion of the resurvey of New York Bay and harbour. GEOLOGICAL SURVEY. In 1879 the office of the Director of the Geological Survey was estab- lished under the Interior Department, he being appointed by the President, by and with the advice and consent of the Senate, with a salary of $6000. This officer has the direction of the geological survey, and the classifica- tion of the public lands, and examin- ation of the geological structure, mineral resources, and products of the national domain. The director and members of the Geological Sur- vey shall have no personal or private interests in the lands or mineral wealth of the region under survey, and shall execute no surveys or exam- inations for private parties or cor- porations. The geological and geo- graphical survey of the territories, and the geographical and geological survey of the Rocky Mountain region under the Department of the Interior, and the geographical surveys west of the 100th meridian, under the War Department, were discontinued, to take effect on the 30th day of June 1879. And all collections of rocks, minerals, soils, fossils, and objects of natural history, archaeology, and eth- nology made by the Coast and In- terior Survey, the Geological Survey, or by any other parties for the Gov- ernment of the United States, when no longer needed for investigations then in progress, were deposited in the National Museum. The publications of the Geological 304 GEOLOGICAL SURVEY. Survey consist of the annual report of operations, geological and econo- mic maps illustrating the resources and classification of the lands, and reports upon general and economic geology and palaeontology. The an- nual report accompanies the annual report of the Secretary of the Interior. All special memoirs and reports of the survey are issued in uniform quarto series, if deemed necessary by the director, but otherwise in ordinary octavo. 3000 copies of each are published for scientific exchanges, and for sale at the price of publica- tion ; and all literary and cartographic materials received in exchange are the property of the United States, and form a part of the library of the organisation. The money resulting from the sale of publications is covered into the United States Trea- sury, under the direction of the Sec- retary of the Interior. The seventh annual report of the director showed that, during the fiscal year ending June 30, 1 886, there were 81,829 square miles in twenty states and territories surveyed by the topo- graphical division, and he estimated that there were 100,000 square miles of coastal lands which, valueless in their then condition, might be re- claimed. But he thought it would be unwise to begin to reclaim these lands until it had been ascertained whether they are rising or sinking ; and stated that a general investiga- tion of the changes in progress along the Atlantic coast had been undertaken. The earthquakes at Charleston, North Carolina, and elsewhere during 1886, seem to have left the geological mind in uncer- tainty. The appropriations for the year 1886-87 provided for salaries, in all, 35,540 ; new books and books to complete broken sets, $500 ; rent, $10,000 ; for surveying the public lands, $50,000, at rates not exceed- ing $9 per linear mile for standard and meander lines, $7 for township, and $5 for section lines ; and of the sum appropriated $25,000 or so much thereof as might be necessary might be expended for the examination of surveys in the field to test the ac- curacy of the work, and to prevent payment for fraudulent and imperfect surveys returned by deputy-surveyors, and inspecting mineral deposits, coal- fields, swamp lands, and timber dis- tricts, and for making such other surveys or examinations as might be required for identification of lands for purposes of evidence in any suit or proceeding in behalf of the United States ; for surveying the public lands in the State of Nevada, $30,000, at the rates already specified, except that the Commissioner of the General Land Office might allow, for the sur- vey of standard and meander lines through lands heavily timbered, mountainous, or covered with dense undergrowth, a sum not exceeding $13 per linear mile for standard lines, $11 for township, and $7 for section lines ; for survey of confirmed private land-claims in New Mexico, Califor- nia, and Louisiana, at rates prescribed by law, respectively, $3000, $2000, and $4000 ; for the survey of the alleged grant, known as the Hanson grant, in the State of Florida, $400, to be expended under the direction and in the discretion of the Secretary of the Interior. It was also pro- vided that in the future the scientific reports- known as the monographs and bulletins of the Geological Survey should not be published, and no en- graving for the annual reports or for such monographs and bulletins, or of illustrations, sections, and maps, should be done until specific estimates were submitted therefor, and specific appropriations made, based on such estimates. RAILROADS. 305 DIVISION OF MINING STATISTICS AND TECHNOLOGY. TABLE SHOWING THE METALLIC PRODUCTS OF THE UNITED STATES IN 1885. (From the A nnual Report of the Secretary of the Interior. ) PRODUCTS. QUANTITY. VALUE. Pig iron, long tons, spot value .... 4,044,525 864,712,400 Silver, troy ounces, coining value 39,910,279 51,600,000 Gold, troy ounces, coining value 1,538,376 31,801,000 Copper, pounds, value at New York city . 170,962,607 18,292,999 Lead, short tons, value at New York city 129,412 10,469,431 Quicksilver, flasks, value at San Francisco 32,073 979,189 Zinc, short tons, value at New York city . 40,688 3,539,856 Nickel, pounds, value at Philadelphia 277,904 191,753 Aluminium, troy ounces, value at Philadelphia 3,400 2,550 Platinum, troy ounces, value, crude, at New 250 187 York city Total value of metallic products 181,589,365 RAILROADS. The right-of-way through the pub- lic lands of the United States is granted to any railroad company duly organised under the laws of any state or territory, except the District of Columbia, or by the Congress of the United States, which has filed with the Secretary of the Interior a copy of its articles of incorporation and due proofs of its organisation under the same, to the extent of 100 feet on each side of the central line of said road ; also the right to take from the public lands adjacent to the line of said road, material, earth, stone, and timber necessary for its construction ; also ground adjacent to such right-of-way for station build- ings, depots, machine-shops, side- tracks, turn-outs, and water stations, not to exceed in amount 20 acres for each station, to the extent of one station for each 10 miles of its road. Any other railroad has the use and occupancy of a canyon, pass, or defile, for the purposes of its road in common with the road first located, and is not prevented from crossing other rail- roads at grade ; nor does the location of a railroad right-of-way through any canyon, pass, or defile, cause the dis- use of any waggon or other public highway, or prevent the location of such waggon-road or highway where necessary for the public accommoda- tion. If a change of location of such waggon-road is necessary to permit the passage of the railroad, the rail- road company, before ousting the waggon-road, to reconstruct the wag- gon-road in the most favourable loca- tion, and in as perfect a manner as the original road, at its own expense or conjointly with other railroads occupying and using the canyon, pass, or defile. The legislature of the pro- per territory may provide for the manner in which private lands and 306 RAILROADS. necessary claims on the public lands of the United States may be con- demned ; and where such provision has not been made, such condemna- tion may be made in accordance with section 3 of the Act entitled ' ' An Act to Amend an Act to aid in the construction of a railroad and tele- graph line from the Missouri river to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other pur- poses, approved July 1, 1862, ap- proved July 2, 1864. " Within twelve months after the location of any sec- tion of 20 miles of its road, if the same be upon surveyed lands, and, if upon unsurveyed lands, within twelve months after the survey thereof by the United States, the railroad com- pany has to file with the register of the land office for the district where such land is located, a profile of its road ; and upon approval thereof by the Secretary of the Interior, the same is noted upon the plats in said office ; and thereafter all such lands over which such right-of-way passes are disposed of, subject to such right- of-way. But if any section of said road is not completed within five years after the location of such section, the rights granted are forfeited as to any such uncompleted section of road. These provisions do not, however, apply to any lands within the limits of any military park or Indian reser- vation, or other lands especially re- served from sale, unless the right-of- way is provided for by treaty stipu- lation or by Act of Congress. By the Act of February 5, 1875, granting the Oregon Central Pacific Railway Company " a strip of land 100 feet wide on each side of the central line of said road through the public lands, and the necessary lands for depots, stations, side-tracks, and other needful uses in operating said road and telegraph, not exceed- ing 20 acres at any one place " for every 10 miles, it is provided that " the state or states within the limits of which said road, or any part thereof, shall be hereafter sit- uated, shall have the power to regu- late and limit the cost of transporta- tion of persons or freight over the same ; " also that " this Act shall not take effect on any lands to which any bond fide pre-emption, or homestead claim, has attached before the definite location of the line of road, and the notice of the same has been given to the land - office in the district where the same is located." This railroad was to be located within three years from the passage of the Act, and completed within ten years from the same date, failing which the Act was to be null and void. Congress reserved the right to alter, amend, or repeal this Act at any time that the public interest might require it. It has recently been decided that it is unconstitutional for a state to regulate by law interstate traffic. Congress alone has the power to do so ; but each state can regulate rail- road traffic within its own limits or jurisdiction, not inconsistent with the authority and laws of the United States. By the Act of July 10, 1886, no lands granted to any railroad cor- poration by any Act of Congress are exempt from taxation by states, territories, and municipal corpora- tions, on account of the lien of the United States upon the same for the costs of surveying, selecting, and conveying the same, or because no patent has been issued therefor ; but this does not apply to lands unsur- veyed. Lands sold for taxes are taken by the purchaser subject to the lien for costs of surveying, selecting, and conveying, to be paid in such manner by the purchaser as the Secretary of the Interior may by rule provide, and to all liens of RAILROADS. 307 the United States, in respect of such lands. This Act applies only to lands situated opposite to and coterminous with completed portions of said roads, and in organised counties. At any sale of lands under the provisions of this Act, the United States may become a preferred purchaser, and in such case the lands sold are re- stored to the public domain, and disposed of as provided by the laws relating thereto. The costs of sur- veying, selecting, and conveying are due and payable at, and on, the demand therefor made by the Secre- tary of the Interior ; and should any railroad corporation for thirty days neglect or refuse to pay them after such demand, the Secretary notifies the Attorney -General, who at once commences proceedings to collect them. Where a railroad corporation gets a grant of public lands, the sections granted are alternate sections, and so numbered that odd numbers belong to the corporation, and even numbers to the United States. The even sec- tions within the limits of any grant of public lands to any railroad company, or to any military road company, or to any state in aid of any railroad or military road, are open to settlers under the Homestead Laws to the extent of 1 60 acres to each settler ; and where any actual settler who has paid for any lands situate within the limits of any grant of lands by Con- gress to aid in the construction of any railroad, the price of such lands being fixed by law at double mini- mum rates, and such railroad lands having been forfeited to the United States, and restored to the public domain for failure to build such rail- road, such settler has the right to locate on any unoccupied lands an amount equal to his original entry without further cost, except such fees as are prescribed by law in pre- emption cases, provided that when such location is upon double mini- mum lands one-half the amount only is taken. All persons who have settled and made valuable and per- manent improvements upon any odd numbered section, in good faith, and with the permission or licence of the railroad company for whose benefit the withdrawal has been made, and with the expectation of purchasing of such company the land so settled upon, which may, for any cause, be restored to the public domain, and who at the time of such restoration may not be entitled to enter and acquire title to such land under the Pre-emption, Homestead, or Timber- culture Acts of the United States, is permitted at any time within three months after such restoration, and under such rules and regulations as the Commissioner of the General Land Office may prescribe, to purchase not exceeding 160 acres in extent of the same by legal subdivision at the price of $2.50 per acre, and to receive patents therefor. Every railroad company in the United States whose road is operated by steam, is by law authorised to carry upon and over its road, boats, bridges, and ferries, all passengers, troops, government supplies, mails, freight, and property on their way from one state to another state, and to receive compensation therefor, and to connect with roads of other states so as to form continuous lines for the transportation of the same to the place of destination. But this does not affect any stipulation between the Government of the United States and any railroad company for transport- ation or fares without compensation, nor authorise any railroad company to build any new road or connection with any other road without author- ity from the state in which such railroad or connection may be pro- posed. No money is paid to any railroad company for the transporta- 308 TELEGRAPHS. tion of any property or troops of the United States over any railroad which in whole or in part was con- structed by the aid of a grant of pub- lic lands, on the condition that such railroad should be a public highway for the use of the Government of the United States, free from toll or other charge, or upon any other conditions for the use of such road for such transportation ; nor is any allowance made for the transportation of officers of the Army over any such road when on duty and under orders as military officers of the United States. Whenever in any grant of land or other subsidy made to railroads or other corporations, the United States reserve the right to appoint directors, engineers, or other agents to exam- ine the roads, or act in conjunction with other officers of such companies, all the costs, charges, and pay of such directors, commissioners, or agents are paid by the respective companies, at the rate of $10 each per day, actually and necessarily em- ployed, and 10 cents per mile actu- ally and necessarily travelled in dis- charging their duties. In case any company refuse or neglect to make such payments, no more patents for land or other subsidies are issued un- til these requirements are complied with. The Secretary of the Treas- ury withholds payments to any rail- road company on account of freights or transportation, to the amount of interest on bonds of the United States issued to any such company not reimbursed, together with the 5 per cent of net earnings due, and un- applied as provided by law. Any company may bring suit in the Court of Claims to recover the price of such freight and transportation, and in such suit the right of such company to recover the same, upon the law and the facts of the case, are deter- mined, and also the rights of the United States, upon the merits of all the points presented. Either party to this suit may appeal to the Su- preme Court, which, as well as the Court of Claims, gives such causes precedence of all other business. According to Poor's Manual of the Railroads of the United States for 1886, there were 127,729 miles of railroad, distributed thus : (1) New England, 6412 miles; ,(2) Middle States, 18,595 miles; (3) Western States, 74,854 miles ; (4) Pacific States, 7284 miles ; and of these 123,320 miles were worked. The to- tal capital stock was $3,817,697,832 ; the total funded debt, $3,765,727,066 ; the total investment, $8,339,285,842 ; and the cost of railroad and equip- ment, $7,037,627,350. TELEGRAPHS. Any telegraph company organised under the laws of any state has the right to construct, maintain, and operate lines of telegraph through and over any portion of the public domain of the United States, over and along any of the military or post roads of the United States which have been declared such by law, and over, under, or across the navigable streams or waters of the United States ; but such lines of telegraph shall be so constructed and main- tained as not to obstruct the naviga- tion of streams and waters, or inter- fere with the ordinary travel on military or post roads. Telegraph companies so organised have the right to take and use from the pub- lic lands through which the lines of telegraph pass the necessary stone, timber, and other materials for its posts, piers, stations, and other need- ful uses in the construction, mainten- TELEGRAPHS. 309 ance, and operation of its lines of telegraph, and may pre-empt and use such portion of the unoccupied public lands subject to pre-emption through which their lines of tele- graph may be located as may be necessary for their stations, not ex- ceeding 40 acres for each station, which must not be within fifteen miles of each other. Telegrams between the several departments of the Gov- ernment and their officers and agents, in their transmission over the lines of any telegraph company to which has been given the right - of - way, timber, or station lands from the pub- lic domain, have priority over all other business, at such rates as the Postmaster-General shall annually fix. No part of any appropriation for the several departments of the Govern- ment is paid to any company which neglects or refuses to transmit such telegrams in accordance with this provision. The United States may, for postal, military, or other purposes, purchase all the telegraph lines, property, and effects of any or all companies at an appraised value ascertained by five competent disinterested persons, two of them selected by the Postmaster- General, two by the company inter- ested, and one by the four so pre- viously selected. Before any tele- graph company exercises any of the powers or privileges conferred by law, it must file its written accept- ance with the Postmaster-General of the restrictions and obligations re- quired by law. Should a telegraph company, after filing this acceptance, by its agents or employees refuse or neglect to transmit any such tele- graphic communications, or those which the Secretary of War causes to be sent about meteorological ob- servations at the military stations and other points of the interior of the continent, and for giving notice on the northern lakes and seaboard of the approach and force of storms, it is liable to a penalty of not less than $100 and not more than $1000 for each such refusal or neglect, to be recovered by action at law in any district court of the United States. The Act of July 25, 1862, chap. 348, authorised the laying of a line or lines of telegraph or submarine cables on the Atlantic coast of the United States to connect the Ameri- can and European coasts, provided no amalgamation, combination to es- tablish rates, union, or sale of cable interests established under the Act, should be made to any existing Euro- pean or other cable company. The second section stipulated 1st, That the Government of the United States should be entitled to exercise and en- joy the same or similar privileges with regard to the control and use of such line or lines, cable or cables, as there might by law, agreement, or otherwise be exercised and enjoyed by any foreign Government whatever. 2d, Citizens of the United States should enjoy the same privileges as to the payment of rates for the trans- mission of messages as were enjoyed by the citizens of the most favoured nations. 3d, The transmission of despatches should be made in the following order : ( 1 ) despatches of State, under such regulations as might be agreed upon by the Govern- ments interested, the rates not to ex- ceed those charged to individuals ; (2) despatches on telegraphic service ; and (3) private despatches. 4th, The lines of any such cables should be kept open to the public for the daily transmission of market and commer- cial reports and intelligence, and all messages, despatches, and communi- cations should be forwarded in the order in which they were received, except as stated. 5th, Before ex- tending and establishing any such lines or cables in or over any waters, reefs, islands, shores, and lands within 310 THE POSTAL SERVICE. the jurisdiction of the United States, a written acceptance of the terms and conditions imposed by the Act should be filed in the office of the Secretary of State by the parties authorised to lay the said lines or cables, or by a majority of them, their associate's, successors, or assigns, or by the com- pany or corporation which might be organised to construct and operate cables under the said Act. The third and fourth sections provided that nothing in the Act should be construed to limit the United States in granting to other persons or com- panies similar privileges, and that the right to alter, amend, or repeal the Act at any time was reserved to Congress. In 1886 there were 667,710 miles of wire, 218,247 miles of posts, 21,673 officers, and 35,510 employees in the telegraph service in the United States. The Western Union Tele- graph Company is reported to have despatched 43,289,807 messages dur- ing 1886. The United States owned 3000 miles of wire and of posts, and had 55 offices and 90 employees. THE POSTAL SERVICE. The Postmaster-General establishes post-offices at all such places on post- roads established by law as he deems expedient, and he promptly certifies such establishment to the Auditor of the Treasury for the Post-Office De- partment. Every person who, without authority from the Postmaster-Gen- eral, sets up or professes to keep any office or place of business bearing the sign, name, or title of post-office is, for every such offence, liable to a pen- alty of not more than $500. The Postmaster-General appoints and may remove postmasters of the fourth class, but those of the first, second, and third classes are appointed and removed by the President, by and with the advice and consent of the Senate ; and they hold their offices for four years, unless sooner removed or suspended according to law. Ap- pointments and removals are noti- fied to the said Auditor. Every postmaster has to reside within the delivery of the office to which he is appointed. The Postmaster-General and all persons employed in the pos- tal service respectively take and sub- scribe before some magistrate or other competent person, authorised to administer oaths by the laws of the United States, or of any state or territory, or before any officer, civil or military, holding a commission under the United States, the oath or affirmation provided by statute ; and each postmaster has to give bond with good and approved secur- ity, and in such penalty as the Post- master-General deems sufficient, con- ditioned for the faithful discharge of all duties and trusts imposed on him, either by law or the rules and regu- lations of the department ; and, where it is a money - order office, for the faithful performance of all duties and obligations in connection with the money -order business. The bond of a married woman appointed postmaster is binding upon her and her sureties, and she is liable for misconduct in office as if she were sole. Every postmaster and his sureties are responsible for the safe keeping of the public property in the post-office and the due performance of the duties thereof until the expira- tion of the commission, or until a successor, duly appointed and quali- fied, has taken possession of the office. But where there is sixty days' delay in filling a vacancy, the sureties may terminate their re- sponsibility by giving notice in writ- ing to the Postmaster-General, such THE POSTAL SERVICE. 311 termination to take effect ten days after sufficient time has elapsed to receive a reply from the Postmaster- General. When any of the sureties notify the Postmaster - General of their desire to be released from their suretyship, or when the Postmaster- General deems a new bond necessary, he requires the postmaster to exe- cute such new bond with security. Sureties are not liable for indebtedness should suit not be instituted there- for within three years after the close of the postmaster's account. The Postmaster - General may require a sworn statement to accompany each quarterly account of a postmaster, to the effect that such account contains a true statement of the entire amount of postage, box - rents, charges, and moneys collected or received at his office during the quarter ; that he has not knowingly delivered, or per- mitted to be delivered, any mail matter on which the postage was not at the time paid, &c. No postmaster, assistant postmaster, or clerk em- ployed in any post-office shall be a contractor or concerned in any con- tract for carrying the mail. The respective compensation of postmasters of the first, second, and third classes is annual salaries, as- signed in even hundreds of dollars, and payable in quarterly payments, ascertained and fixed by the Post- master-General from their respective quarterly returns to the auditor of the Treasury for the Post-Office De- partment, which are forwarded to the first assistant postmaster - gen- eral for four quarters immediately preceding the adjustment, at the fol- lowing rates, namely : FIKST CLASS. Gross receipts, $40,000, ant \ no t exceeding 45,000, salary $3000 ; and an increase in salary of $100 at each step where the gross receipts are between the following named sums respectively namely, between $45,000 and $60,000, and $80,000 and $110,000, and $150,000 and $200,000, and $260,000 and $330,000, and $400,000 and $450,000, and $500,000 ; then the salary is $5000 between $500,000 and $600,000, and $6000 where the gross receipts are $600,000 and upwards. SECOND CLASS. Gross receipts, $8000, and not ex- ceeding $9000, salary $2000; and an increase in salary of $100 at each step where the gross receipts are be- tween the following named sums re- spectively namely, between $9000 and $10,000, and $11,000 and $13,000, and $16,000 and $20,000, and $24,000 and $30,000, and $35,000 and $40,000, when the salary has reached $2900. THIRD CLASS. Gross receipts, $1900, and not ex- ceeding $2 100, salary $1000; and an increase in salary of $100 at each step where the gross receipts are be- tween the following sums respec- tively namely, between $2100 and $2400, and $2700 and $3000, and $3500 and $4200, and $5000 and $6000, and $7000 and $8000, when the salary has reached $1900 ; and in order to ascertain the amoiint of the postal receipts of each office, the Postmaster-General may require post- masters to furnish the department with certified copies of their quar- terly returns to the auditors, at such times and for such periods as he deems necessary in each case. FOUKTH CLASS. The compensation of this class is fixed upon the basis of the whole of the box-rents collected at their offices, and commissions upon the amount of 312 THE POSTAL SERVICE. cancelled postage - due - stamps, and on postage stamps, official stamps, stamped envelopes, postal-cards, and newspaper and periodical stamps can- celled on matter actually mailed at their offices, and on amounts received from waste paper, dead newspapers, printed matter, and twine, sold at the following rates namely, on the first $50 or less, per quarter, 100 per cent ; on the next $200 or less, per quarter, 50 per cent ; on all the bal- ance, 40 per cent the same to be ascertained and allowed by the audi- tor in the settlement of the accounts of such postmasters upon their sworn quarterly returns. But when the compensation of any postmaster of this class reaches $250 for four con- secutive quarters each, exclusive of commissions on money-order business, and when the returns to the auditor for four consecutive quarters show him to be entitled to compensation in excess of $250 per quarter, the auditor reports such fact to the Post- master-General, who assigns the office to its proper class, and fixes the in- creased salary. In no case is there allowed to any postmaster of this class a compensation greater than $250 in any one of the first three quarters of any fiscal year, exclusive of money -order commission; but in the last quarter he is allowed such further sum as he may be entitled to, not exceeding for the whole fiscal year $1000, exclusive of money-order commissions. The Postmaster-General makes all orders relative to the salaries of post- masters, and changes take effect on the first day of the quarter follow- ing the order, the auditor being noti- fied thereof. The salaries of post- masters of the first, second, and third classes are readjusted by the Post- master-General at the beginning of each fiscal year, and the salary of the postmaster at Washington City, District of Columbia, is $5000. In no case shall the salary of any post- master exceed $6000, except in the city of New York, where the salary is $8000 per annum. Letter-carriers are employed for the free delivery of mail-matter, as fre- quently as the public convenience may require, at every place contain- ing a population of 50,000 within the delivery of its post-office, and may be so employed at every place containing a population of not less than 20,000, within corporate limits, and at post- offices which produced a gross revenue for the preceding year of not less than $20,000. The tendency is to have free delivery wherever it will pay to have it. The salaries of carriers of the first class who have been in ser- vice at least one year is $1000 per annum, and those of the second class $800 a-year. In all cities containing a population of less than 75,000, there is one class of carriers who re- ceive $850 a-year. Upon the recom- mendation of the postmaster of any city, the Postmaster - General may establish a third grade of carriers, known as auxiliaries, paid at the rate of $600 a-year, and employed at any letter - carrier office. Appointments of letter - carriers in cities having two or more classes are made to the class having the minimum rate of pay, and promotions from the lower grades in said cities are made to the next higher grade at the end of one year's service, on certificate of the postmaster to the efficiency and faith- fulness of the candidate during the preceding year. The Postmaster- General can appoint one or more substitute letter-carriers, whose com- pensation is $1 per annum and the pro rata compensation of the carriers whose routes they may be required to serve. No boxes for the collection of mail-matter are placed inside of any building except a public building or railroad station. By chap. 342, laws of 1885, a THE POSTAL SERVICE. 313 special stamp of the face value of 10 cents may be provided and issued whenever deemed advisable or expe- dient, which, when attached to a letter, in addition to the lawful post- age thereon, the delivery of which is to be at a free delivery office, or at any city, town, or village containing a population of 4000 or over, accord- ing to the Federal census, is regarded as entitling such letter to immediate delivery within the carrier limit of any free delivery office which may be designated by the Postmaster- General as a special delivery office, or within one mile of the post-office at any other office coming within this provision, which may in like manner be designated as a special de- livery office. These specially stamped letters are delivered from 7 A.M. up to 12 P.M. ; and by chap. 901, laws of 1886, the postmaster receiv- ing the same is responsible for imme- diate delivery, and may employ any persons, including clerks and assis- tants at third and fourth class offices, as messengers, on such terms as he shall fix as compensation for such delivery ; and to defray the expense thereof such postmaster is entitled, upon the adjustment of his quarterly account, to 80 per cent of the face value of all such special delivery stamps received at his office, and re- corded according to law and regula- tions of the Post-Office Department during the quarter ; and this is in full of all expenses of such delivery. The Postmaster-General may, in his discretion, direct any free delivery office to be excepted from the fore- going provision, and require the de- livery to be made entirely by special messengers ; and he may contract for the immediate delivery of all articles from any post-office at any price less than eight cents per piece, when he deems it expedient. The Postmaster- General prescribes suitable regula- tions not inconsistent with law for the performance of the immediate delivery service ; and any person employed to make immediate de- livery of letters or other mail-matter is deemed an employee of the postal service, whether he may have been sworn or not, or temporarily or per- manently employed, and, as such employee, liable to any penalties or punishments provided by law for the improper detention, delay, secretion, rifling, embezzlement, purloining, or destruction of any letter, &c., in- trusted to him for delivery, or placed in his custody. Persons in the railway mail service formerly known as railway post- office clerks, route agents, local agents, and mail - route messengers, are since 1882 designated railway postal clerks, and are divided into five classes, whose salaries shall not exceed the following rates per annum : 1st class, not exceeding $800 ; 2d class, not exceeding $900 ; 3d class, not exceeding $1000 ; 4th class, not exceeding $1200 ; and 5th class, not exceeding $1400. In fixing the salaries of clerks in the different classes, the Postmaster-General may fix different salaries for clerks of the same class according to the amount of work done and the responsibility incurred by each, but shall not in any case allow a higher salary to any clerk of any class than the maximum for his particular class. It is unnecessary to state particu- larly what is mailable matter, for it is much the same in all countries. In the United States it is divided into four classes viz., (1) written matter, (2) periodical publications, (3) miscellaneous printed matter, and (4) merchandise. Postal cards are 1 cent each ; and other first-class matter is transmitted by mail from any place to any place within the United States at the rate of 2 cents for each ounce or fraction thereof, including delivery at letter- 314 THE POSTAL SERVICE. carrier offices ; and 1 cent for each ounce or fraction thereof where free delivery by carrier is not established. All publications of the second class (except as provided in sec. 25, chap. 180, laws of 1879), when sent by the publisher thereof and from the office of publication, including sample copies, or when sent from a news-agency to actual subscribers thereto, or to other news-agents, are entitled to transmission through the mails at 1 cent a pound, or a fraction thereof, prepaid. The section re- ferred to provided that publications of the second class, one copy to each actual subscriber residing in the county where the same are printed in whole or in part, shall go free through the mails ; but the same shall not be delivered at letter- carrier offices, or distributed by car- riers, unless postage is paid thereon : Provided that the rate of postage on newspapers, except weeklies and peri- odicals not exceeding 2 ounces in weight, when the same are deposited in a letter-carrier office for delivery by its carriers, shall be uniform at 1 cent each ; periodicals weighing more than 2 ounces shall be sub- ject, when delivered by such carriers, to a postage of 2 cents each, and these rates shall be prepaid by stamps affixed. Any article or item in any news- paper or other publication may be marked for observation, except by written or printed words, without increase of postage. Mailable matter of the second class shall contain no writing, print, mark, or sign thereon or therein in addition to the original print, except the name and address of the person to whom the matter is sent, and index figures of subscrip- tion-book, either written or printed, the printed title of the publication, the printed name and address of the publisher or sender of the same, and written or printed words or figures, or both, indicating the date on which the subscription to such matter will end. Upon matter of the third class, or upon the wrapper inclosing the same, the sender may write his own name or address thereon, with the word " from " above, and preceding the same, and in either case may make simple marks intended to desig- nate a word or passage of the text to which it is desired to call attention. There may be placed upon the cover or blank leaves of any book or of any printed matter of the third class a simple manuscript dedication or in- scription that does not partake of the nature of a personal correspondence. Upon any package of matter of the fourth class the sender may write or print his own name and address, pre- ceded by the word " from " ; and there may also be written or printed the number and names of the article enclosed ; and the sender thereof may write or print upon, or attach to any such articles by tag or label, a mark, number, name, or letter, for purpose of identification. Mailable matter of the fourth class, with two or three exceptions as to Government publications, &c., shall not exceed four pounds for each package, except in case of single books in excess of that amount. Obscene literature, lottery-tickets, &c., cannot be trans- mitted through the mails. Foreign newspapers and other peri- odicals of the same general character as those admitted to the second class in the United States may, under the direction of the Postmaster-General, on application of the publishers there- of or their agents, be transmitted through the mails at the same rates as if published in the United States. Printed matter other than books re- ceived in the mails from foreign countries under the provisions of postal treaties or conventions are free of customs duty ; and books which are admitted to the inter- THE POSTAL SERVICE. 315 national mails exchanged under the provisions of the Universal Postal Union Convention may, when subject to customs duty, be delivered to addresses in the United States under such regulations for the collection of duties as may be agreed upon by the Secretary of the Treasury and the Postmaster-General. One 2-cent postage-stamp takes a letter under 1 ounce from any place in the United States to any place in the Dominion of Canada, but it takes a 3-cent postage-stamp to transmit such a letter from the Dominion to the United States. What are called "drop" letters are those deposited in a post-office where there is no free delivery, to be delivered to the parties to whom they are addressed, at the same post-office, upon being called for. The postage upon these " drop " letters is 1 cent per ounce. In post-offices, both with and without free delivery, there are letter-boxes which parties wfio prefer to call for their letters can rent from the postmaster, and in which their letters are placed instead of being delivered. In small post-offices these boxes are mere pigeon-holes, within a glass outside, so that it can be seen from without whether there are letters, &c., biit only those within the postmaster's sanctum sanctorum can get at the letters to deliver them through the wicket. In larger post- offices there is an outside door to each box, the key of which is in the possession of the party renting the box. A letter addressed merely to, say, " Letter-Box No. 9, New York City," would reach the person rent- ing that box without further address whenever he lifts his mail. It is, however, not necessary to rent a box in order to get delivery of a letter, without charge, at any post - office. Yet it is a fact that in country parts many rent boxes merely to be in the fashion, or to benefit the postmaster. Money orders are issued by the Post- Office for the transmission of any sum from 1 cent to 100 dollars at rates, for domestic money orders, of 8 cents for under $10, 10 cents for under $15, 15 cents for under $30, 20 cents for under $40, 25 cents for under $50, 30 cents for under $60, 35 cents for under $70, 40 cents for under $80, 45 cents for under $100 ; and at rates for international money orders of 15 cents for under $10, 30 cents for under $20, 45 cents for under $30, 60 cents for under $40, and 75 cents for under $50. Chap. 123 laws of 1883 provided that for the transmission of small sums under $5 through the mails the Post- master-General might authorise post- masters at money - order offices to issue money orders, without corre- sponding advices, on an engraved form, prescribed and furnished by him, called a "postal note," and a fee of 3 cents should be charged for the issue thereof. This postal note is made payable to bearer, when duly receipted, at any money-order office which the remitter thereof may se- lect, and it is in like manner payable to bearer when presented at the office of issue. After a postal note has once been paid, to whomsoever it has been paid, the United States is not liable for any further claim for the amount thereof ; but a postal note becomes invalid and not payable upon the expiration of three calendar months from the last day of the month during which the same was issued ; and the holder, to obtain the amount of an invalid postal note, must forward it to the superintendent of the money-order system at Wash- ington, District of Columbia, together with an application in such manner and form as the Postmaster- General may prescribe, for a duplicate thereof payable to such holder ; and an addi- tional fee of 3 cents is charged and exacted for the issue of the duplicate. 316 FOREIGN RELATIONS. The following figures, summarised (by the ' New York World ') from the annual report to Congress by the Post- master-General for year ending June 30, 1 886, indicate the enormous postal business in the United States, viz. : The mileage of mail transportation exceeded by more than 125,000,000 the service rendered to any other Government, and the letters mailed were 100,000,000 more than in Great Britain. During the year 22,747 postmasters were appointed, of whom 9566 were upon removals, 16 were arrested for fraud, and from 300 to 400 cases were being investigated. $78,578.60 were recovered as wrong- fully taken. There were 483 addi- tional carriers employed, increasing the total number to 4841, and the cost was 4,312,306.70, an increase of $326,354.15, or 8.18 per cent. The number of pieces of mail matter handled was 1,949,520,599, an in- crease of 204,983,186. The amount of postage on local matter was $5,839,242.97, an excess over the cost of the service of $1,526,936.27. The money-order system was ex- tended to 301 additional offices. 7,940,302 domestic orders were issued for nearly $114,000,000; 5,999,428 postal notes for $11,718,000; and 493,423 international orders for $7,178,786.21 were issued. The total net revenue paid into the Treasury was $350,551.87. The special delivery service was hampered by its limitations, but $84,784.82 was spent for it, the gross profit being about $27,000. The total excess of cost over re- venue was $8,254,157.52. In 1885 it was $8,821,665.70. The estimate of the revenue for the coming year was $47,312,710.83. The appropriations for the year, ex- clusive of the cost of the special delivery service, exceeded this siim ! by $7,058,152.42. FOREIGN RELATIONS. Every person who violates any safe- | conduct or passport, duly obtained j and issued under authority of the United States, or assaults, strikes, wounds, imprisons, or in any other manner offers violence to the person of a public Minister, in violation of the law of nations, shall be imprison- ed for not more than three years, and fined at the discretion of the court. Ministers are persons invested with and exercising the principal diplo- matic functions. Writs or process in United States or state courts against the person or goods or chattel of a Minister of any foreign prince or state, authorised and received as such by the President, or of any domestic or domestic servant of such Minister, is void, and the party suing it out, whether principal, attorney, or solic- itor, or officer concerned in executing it, is a violator of the law of nations, and a disturber of the public repose, and liable to be imprisoned for not more than three years, and fined at the discretion of the court. But citizens and inhabitants of the United States in the service of such Minister are not thus protected when the pro- cess is founded on a debt contracted before entering upon such service, or when their names have not been reg- istered, before the issuing of such process, in the Department of State, and transmitted to the marshal of the District of Columbia, who posts such names in some public place in his office, where any one can take copies without fee. Natives, citizens, denizens, or sub- jects of a foreign nation, being males FOREIGN RELATIONS. 317 of the age of fourteen years and up- ward, who are within the United States, and not actually naturalised, are, whenever war is declared or an invasion or predatory incursion is perpetrated, attempted, or threat- ened, liable to be apprehended, re- strained, secured, and removed as alien enemies. Those who are not chargeable with actual hostility or other crime against the public safety are allowed, for the recovery, dis- posal, and removal of their goods and effects, and for their departure, the full time stipulated by any treaty in force between the United States and such hostile nation or Government ; or, when there is no such treaty stipula- tion, the President may ascertain and declare such reasonable time as may be consistent with the public safety and according to the dictates of hu- manity and national happiness. After proclamation has been made by the President, the United States criminal courts, upon complaint against any alien enemy resident and at large within their respective jurisdictions, may cause such alien to be arrested, and, after examination and hearing, order him to be removed out of the territory of the United States, or to give sureties for his good behaviour, or to be otherwise restrained con- formably to the proclamation or reg- ulations established by the President, and to imprison or otherwise secure him until the order so made is per- formed. The marshal of the district executes the warrant of the President, or the order of the court, judge, or j ustice. Whenever it is stipulated by treaty or convention between the United States and any foreign nation that the consul-general, consuls, vice-con- suls, or consular or commercial agents of each nation, have exclusive juris- diction of controversies, difficulties, or disorders arising at sea or in the waters or ports of the other nation between the master or officers and any of the crew, or between any of the crew themselves, of any nation belonging to the nation represented by the consular officer, such stipula- tions are executed and enforced with- in the jurisdiction of the United States, if the President is satisfied that similar provisions have been made for the execution of such treaty j by the other contracting party, and has issued his proclamation to that effect. The proper consular officer may make application to any United States court of record or to any com- missioner of a circuit court, setting forth the facts, and exhibiting a cer- tified copy or extract of the shipping articles, &c., proving that the person in question is of the crew, and cer- tifying that, to the best knowledge and belief, such person is not a citizen of the United States ; and thereupon the court, &c., issues a warrant for the arrest of such person to be brought before such court, &c., for examination. The application must be in writing, and duly authen- ticated by the consular or other suf- ficient official seal. If the party arrested is not a citizen, and the court, &c., finds upon the papers a sufficient primci facie case that the matter concerns only the internal order and discipline of such foreign vessel, or, whether in its nature civil or criminal, does not affect directly the execution of the laws of the United States, or the rights and duties of any citizen of the United States, a warrant is issued commit- ting such person to prison, or, in the discretion of the court, &c. , to the master or chief officer of the vessel, and to the jurisdiction of the consular or commercial authority, to the ex- clusion of any authority or jurisdic- tion in the premises of the United States or any state thereof. Marriages in presence of any con- sular officer of the United States in a 318 FOREIGN RELATIONS. foreign country between persons who would be authorised to marry if re- siding in the District of Columbia, are valid to all intents and purposes, and have the same effect as if sol- emnised within the United States. The consular officers give the parties a certificate of marriage, and send another certificate thereof to the Department of State, there to be kept. In certain countries the Ministers and consuls of the United States, duly appointed to reside in them, in addition to other powers and duties imposed upon them respectively by the provisions of the treaties, are by treaty fully empowered to arraign and try in prescribed form all citizens of the United States charged with offences against law, committed in such countries respectively, and to sentence such offenders in the man- ner authorised, and to issue such pro- cesses as are suitable and necessary to carry this authority into execiition. Such officers have also the judicial authority necessary to execute the provisions of the treaties respectively in regard to civil rights, whether of property or person, their jurisdiction embracing all controversies between citizens of the United States, or others, provided for by such treaties respectively. In all cases, civil and criminal, the jurisdiction is exercised and enforced in conformity with the laws of the United States, or, if these be unadapted or deficient, the com- mon law and the law of equity and admiralty, or, if these do not furnish sufficient remedies, the Ministers in those countries respectively supply the defects and deficiencies by decrees and regulations which have the force of laws. Consuls can cause the arrest of any citizen of the United States charged with being an offender. Min- isters and consuls can call upon the local authorities to sustain and sup- port them in the execution of the powers confided to them by treaty. If at any time there be no Minister in either of the countries with which there exists such a treaty, the judi- cial duties imposed upon the Minister devolve upon the Secretary of State, who is authorised and required to discharge them. By the treaty between the United States and Madagascar of " peace, friendship, and commerce," pro- claimed March 13, 1883, all disputes and differences arising between citi- zens and proteges of the United States and subjects of Madagascar, and all criminal offences committed by such citizens and proteges against said sub- jects, and vice versa, as well as all infringements of the laws of Mada- gascar by the United States citizens and proteges, are to be investigated, tried, and adjudged by " mixed coiirts." The chief United States diplomatic officer in Madagascar, or, if none, the chief or senior United States consular officer and a Malagasy officer appointed by the Queen of Madagascar for that purpose, consti- tute a " mixed superior court," which is a court of record, having both original and appellate jurisdiction ; and there is one inferior mixed court in each United States consular and each United States consular agent's district in Madagascar, consisting of the United States consular officer of the district and a Malagasy officer appointed by the Queen's Government for the purpose for each district. These inferior courts have original jurisdiction of civil cases up to $500, or imprisonment for not more than one year, or both. Appeals from the superior mixed courts may be taken to either of the two Governments, at the option of the party appealing. In the trial of actions in these courts the native judges preside, and have the prevailing voice when United States citizens or proteges are plain- tiffs, and vice versa when United FOREIGN RELATIONS. 319 States citizens or proteges are de- fendants. The following salaries are (accord- ing to appropriations of 1886) paid to the envoys extraordinary and minis- ters plenipotentiary of the United States to the following countries, each as follows viz. : to Great Bri- tain, France, Germany, and Russia, 817,500; Japan, China, Spain, Aus- tria, Italy, Brazil, and Mexico, 812,000; Guatemala, Costa Rica, Honduras, Nicaragua, and Salvador, to reside at such place in either of said states as the President may direct, 810,000 ; Turkey, $10,000 ; United States of Columbia, 87500 ; Ministers resident in Belgium, Nether- lands, Hawaiian Islands, Sweden and Norway, and Venezuela, $7500 ; to Minister resident and consul-general in the Argentine Republic, $7500 ; Liberia, Switzerland, Denmark, Por- tugal, Siam, Persia, Corea, Hayti, and Bolivia, 85000 ; and the Minister resident and consul-general in Hayti shall also be accredited as charge d'affaires to Santo Domingo ; Minis- ter resident to Roumania, Servia, and Greece, 86500 ; agent and con- sul-general at Cairo, 85000 ; charge d'affaires to Paraguay and Uruguay, 85000. The secretaries of legation in Lon- don, Paris, Berlin, and St Petersburg, China, and Japan, are each paid 82625 ; those in Spain, Turkey, Aus- tria, Italy, Brazil, and Mexico, each 81800; those in Chili and Peru, 81500 each. Second secretaries of legation in London, Paris, and Berlin, are each paid $2000. Those in Japan and China, who shall be American students of the language of the court and country to which they are ap- pointed, respectively, and shall be allowed and required, under the Sec- retary of State, to devote their time to the acquisition of such language, 81800 each ; clerk to the legation in Spain, 81200 ; secretary of legation and consul-general at Bogota, $2000 ; secretary of legation in Central Amer- ica, and consul-general to Guatemala, 82000. Interpreters to legation are paid thus : China, $3000 ; Japan and Tur- key, $2500 each, but no person draw- ing these salaries is allowed any part of the salary appropriated for any secretary of legation ; Persia, 81000; Corea, $1000 ; Bangkok, Siam, 8500. Each of the consuls-general at Lon- don, Paris, Havanna, and Rio de Janeiro, 86000 ; Shanghai and Cal- cutta, $5000 ; Melbourne, $4500 ; Kanagawa, Panama, Berlin, Montreal, and Honolulu, $4000; Halifax, 83500 ; St Petersburg, Frankfort, Vienna, Constantinople, Rome, and in Equador, $3000 ; Mexico, $2500. The consuls at Liverpool, $6000, and at Kong-Kong, $5000. The others are divided thus : second class, with salaries of $3500 ; third, $3000; fourth, $2500; fifth, $2000; sixth, $1500; and seventh, 81000. Commercial agencies are at Saint Paul de Loando, Levaka, and Gaboon. In the estimates for the fiscal year ending June 30, 1888, there shall be estimated for, specifically, under clas- sified consulates, all consulates and commercial agencies, where the fees collected or compensation allowed for the fiscal year ending June 30, 1886, exceeds 81000. Hitherto salaried consular officers had to turn over into the United States Treasury all fees received, while those unsalaried retained the fees until the amount reached $2500 in cases of consuls, or $1000 in cases of consular agents, the surplus over these maximum sums being paid into the United States Treasury. There are consular officers not citi- zens of the United States. 320 INSURRECTION. INSURRECTION. In case of an insurrection in any' state against the Government thereof, it is lawful for the President, on ap- plication of the legislature of such state, or of the executive when the legislature cannot be convened, to call forth such number of the militia of any other state or states which may be applied for, as he deems sufficient to suppress such insurrec- tion ; or, on like application, to em- ploy for the same purpose such part of the land or naval forces of the United States as he deems necessary. And when it becomes impracticable in the judgment of the President to enforce by the ordinary course of judicial proceedings the laws of the United States within any state or territory, it is lawful for the Presi- dent to call forth the militia of any or all the states, and to employ such parts of the land and naval forces of the United States as he may deem necessary to enforce the faithful exe- cution of the laws of the United States, or to suppress such rebellion in whatever state or territory thereof the laws of the United States may be forcibly opposed, or the execution thereof forcibly obstructed. When- ever insurrection, domestic violence, unlawful combinations, or conspira- cies in any state so obstruct or hin- ders the execution of the laws thereof, and of the United States, as to de- prive any portion or class of the people of such state of any of the rights, privileges, or immunities, or protection named in the Constitution, and secured by the laws for the pro- tection of such rights, privileges, or immunities, and the constituted authorities of such state are unable to protect, or from any cause fail in or refuse protection of the people in such rights, such facts are deemed a denial by such state of the equal pro- tection of the laws to which they are entitled under the Constitution of the United States ; and in all such cases, or whenever any such insurrection, violence, unlawful combination, or conspiracy opposes or obstructs the laws of the United States, or the due execution thereof, or impedes or ob- structs the due course of justice under the same, it is lawful for the Presi- dent, and it is his duty, to take such measures, by the employment of the militia or the land and naval forces of the United States, or of either, or by other means, as he may deem necessary, for the suppression of such insurrection, domestic violence, or combinations. Whenever in the judgment of the President it becomes necessary to use the military forces, he forthwith, by proclamation, commands the insur- gents to disperse and retire peace- ably to their respective abodes within a limited time ; should the insurgents have failed to disperse by the time directed, and claim to act under the authority of any state or states, and such claim is not disclaimed or repu- diated by the persons exercising the functions of Government in such state or states, or in the part or parts thereof in which such combination exists, and such insurrection is not suppressed by such state or states, or should the inhabitants of any state or part thereof be at any time found by the President to be in a state of insurrection against the United States, the President may, by proclamation, declare that the inhabitants of such state, or of any section or part thereof where such insurrection exists, are in a state of insurrection against the United States ; and thereupon all commercial intercourse by and be- tween the same and the citizens thereof and the citizens of the rest CRIMES AND PRISONERS. 321 of the United States ceases, and is unlawful, so long as such condition of hostility continues ; and all goods and chattels, wares and merchandise, ' coming from such state or section into the other parts of the United States, or proceeding from other parts of the United States to such state or section, by land or water, are, together with the vessel or vehicle conveying the same, or conveying persons to or from such state or section, forfeited to the United States. And whenever any part of a state not declared to be in insurrection is under the control of insurgents, or is in dangerous proximity to places under their control, all commercial intercourse therein and therewith is subject to the same prohibitions and condi- tions for such time and to such ex- tent as becomes necessary to pro- tect the public interests, and is directed by the Secretary of the Treasury, with the approval of the President. CRIMES AND PRISONERS. According to the general provisions of the United States Revised Statutes concerning crimes, no conviction or judgment works corruption of blood or any forfeiture of estate. The punishment of death is inflicted by hanging. The punishments of whip- ping and of standing in the pillory are not to be inflicted. The benefit of clergy is not to be used or allowed upon conviction of any crime pun- ishable by death. Whenever, by the judgment of any court or judicial officer of the United States in any criminal proceeding, any person is sentenced to two kinds of punish- ment, pecuniary and corporal, the President has discretionary power to pardon or remit, in whole or in part, either of them, without in any man- ner impairing the legal validity of the other, or of any portion of either kind not pardoned or remitted. The jur- isdiction of the courts of the several states under the laws thereof is not taken away or impaired. Persons being tried for crimes are at their own request, but not otherwise, com- petent witnesses, and failure to make such request does not create any pre- sumption against them. Any person owing allegiance to the United States who levies war against them, or adheres to their enemies, giving them aid and comfort, within the United States or elsewhere, is guilty of treason, and shall suffer death, or at the discretion of the court shall be imprisoned at hard labour for not less than five years, and fined not less than $10,000, to be levied on and collected out of any or all of his property, real and per- sonal, of which he was the owner at the time of committing such treason, any sale or conveyance to the con- trary notwithstanding ; and every person so convicted of treason shall, moreover, be incapable of holding any office under the United States. Every person owing allegiance to the United States, and having knowledge of the commission of any treason against them, who conceals and does not, as soon as may be, disclose and make known the same to the Presi- dent, or to some judge of the United States, or to the governor, or to some judge or justice of a particular state, is guilty of misprision of treason, and shall be imprisoned not more than seven years, and fined not more than Si 000. Every person who incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States, or the laws thereof, or gives aid or comfort thereto, shall be punished 322 CRIMES AND PRISONERS. by imprisonment not more than ten years, or by a fine of not more than $10,000, or by both of such punish- ments ; and shall, moreover, be in- capable of holding any office under the United States. Every citizen of the United States, whether actually resident or abiding within the same, or in any foreign country, who, with- oxit the permission or authority of the Government, directly or in- directly, commences or carries on any verbal or written correspondence or intercourse with any foreign Gov- ernment, or any officer or agent thereof, with an intent to influence the measures or conduct of any foreign Government, or of any officer or agent thereof, in relation to any disputes or controversies with the United States ; and every person being a citizen of, or resident within, the United States, and not duly authorised, who counsels, advises, or assists in any such correspondence, with such intent, shall be punished by a fine of not more than $5000, and by imprisonment during a term not less than six months nor more than three years ; but this shall not be construed to abridge the right of a citizen to apply, by himself or his agent, to any foreign Government or the agents thereof, for redress of any injury which he may have sustained from such Government, or any of its agents or subjects. Every person who carries on a correspondence by letter or otherwise with any foreign nation or Power with an intent to get Indians to war against the United States, or who alienates, or attempts to alienate, the confidence of Indians from the United States Government, is liable to a penalty of $1000. If two or more persons in any state or territory conspire to overthrow, put down, or to destroy by force, the Government of the United States, or to levy war against them, or to oppose by force the authority there- of; or by force to prevent, hinder, or delay the execution of any law of the United States ; or by force to seize, take, or possess any property of the United States contrary to the authority thereof, each of them shall be punished by a fine of not less than $500 and not more than $5000, or by imprisonment, with or without hard labour, for a period not less than six months nor more than six years, or by both such fine and im- prisonment. A conspiracy to prevent any person from accepting or holding office under the United States, &c., persons engaged in a conspiracy to deprive any person of the equal protection of the laws, or in a con- spiracy to prevent any person sup- porting any candidate, &c., are punishable by fine and imprison- ment, or either, as just stated. Every person who recruits soldiers or sailors within the United States to engage in armed hostility against the same, or who opens within the United States a recruiting-station for the enlistment of such soldiers or sailors to serve in any manner in armed hostility against the United States, shall be fined not less than $200 nor more than $1000, and imprisoned not less than one year nor more than five years. Every soldier or sailor enlisted or engaged within the United States, with in- tent to serve in armed hostility against the same, shall be punished by a fine of $100, and by imprison- ment not less than one year nor more than three years. Every person who, corruptly, or by threats or force, or by threatening letters or any threatening communi- cations, endeavours to influence, in- timidate, or impede any grand or petit juror of any court of the United States in the discharge of his duty, or who corruptly, or by threats or force, or by threatening letters or any threatening communications, in- fluences, obstructs, or impedes, or CRIMES AND PRISONERS. 323 endeavours to influence, obstruct, or impede, the due administration of justice therein, is punishable by a fine of not more than $1000, or by imprisonment not more than one year, or both such fine and imprison- ment ; and every person who attempts to influence the action or decision of any grand or petit juror upon any issue or matter pending before such juror, or before the jury of which he is a member, or pertaining to his duties, by writing or sending to him any letter or any communica- tion in print or writing in relation to such issue or matter, without the order previously obtained of the court before which the juror is sum- moned, is punishable in the same manner stated above. If two or more persons in any state or terri- tory conspire to deter by force, intimidation, or threat, any party or witness in any court of the United States from attending such"" court, or from testifying to any matter pend- ing therein freely, fully, and truth- fully ; or to injure such party or witness in his person or property on accoiint of his having so attended or testified ; or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court ; or to injure such juror in his person or property on account of any verdict, presentment, or in- dictment lawfully assented to by him ; or of his being or having been such juror each of such persons shall be punished by a fine of not less than $500 nor more than 5000, or by imprisonment, with or without hard labour, not less than six months nor more than six years, or by both such fine and imprison- ment. A similar punishment is in- flicted in cases of conspiracy to de- feat the enforcement of the laws. Every person who directly or indi- rectly bribes a judge, shall be fined and imprisoned at the discretion of the Court, and shall for ever be dis- qualified to hold any office of honour, trust, or profit under the United States. And every person who prom- ises, offers, gives, or causes or procures to be promised, offered, or given, any money or other thing of value, or makes or tenders any contract, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value to any member of either House of Congress, either be- fore or after such member has been qualified or has taken his seat, with intent to influence his vote or deci- sion on any question, matter, cause, or proceeding which may be at any time pending in either House, or before any committee thereof, shall be fined not more than three times the amount of money or value of the thing so offered, &c., or procured to be offered, &c., and shall be more- over imprisoned not more than three years. Judges, members, and United States officers accepting such bribery shall be punished in like manner ; and every member, officer, or person convicted thereof, who holds any place of profit or trust, shall forfeit his office or place, and shall there- after be for ever disqualified from holding any office of honour, trust, or profit under the United States. Every person who by any unlawful means hinders, delays, prevents, or obstructs, or combines and confeder- ates with others to hinder, &c. , any citizen from doing any act required to be done to qualify him to vote, or from voting at any election in any state, territory, district, county, city, parish, township, school dis- trict, municipality, or other terri- torial subdivisions, shall be fined not less than $500, or be imprisoned not less than one month nor more than one year, or be punished by both such fine and imprisonment. Every person who prevents, hinders, con- 324 CRIMES AND PRISONERS. trols, or intimidates another from ex- ercising, or in exercising the right of suffrage to whom that right is guaranteed by the fifteenth amend- ment to the Constitution of the United States, by means of bribery or threats of depriving such person of employment or occupation, or of ejecting such person from a rented house, lands, or other property, or by threats of refusing to renew leases or contracts for labour, or by threats of violence to himself or family, is punishable in manner as above stated. Parties to a conspiracy to injure or intimidate citizens in the free exer- cise of civil rights shall be fined not more than $500 and imprisoned not more than ten years, and shall be thereafter ineligible to any office or place of honour, profit, or trust cre- ated by the Constitution or laws of the United States. Felonies and misdemeanours committed in the act of violating the two last provisions are to be punished with such punish- ment as may be prescribed by the laws of the state in which the offence is committed. Every person who, under colour of any law, statute, ordinance, regulation, or custom, subjects, or causes to be subjected, any inhabitant of any state or terri- tory to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution and laws of the United States, or to dif- ferent punishment, pains, or penal- ties on account of such inhabitant being an alien, or by reason of his colour or race, than are prescribed for the punishment of citizens, shall be punished by a fine of not more than $1000, or by imprisonment not more than one year, or by both ; and a civil action for damages, &c., lies against the person depriving a citi- zen of any rights secured by the Constitution and laws. According to the United States laws, acces- sories after the fact to murder, rob- bery, or piracy shall be imprisoned not more than three years, and fined not more than $500. Accessories after the fact to any robbery of the carrier, agent, or other person in- trusted with the mail, of such mail or any part thereof, shall be fined not more than $2000, and be im- prisoned at hard labour not more than ten years ; and accessories after the fact to the offence of stealing or taking any letter or other mail-mat- ter, or any inclosure therein, shall be fined not more than $1000, and be imprisoned not more than five years. It is unnecessary for the purpose of this work to state more of the many punishments by fine or imprisonment, or both, meted out to offenders and criminals by the several United States Statutes. TREATMENT OF PRISONERS. All persons convicted of crime by any court of the United States, whose punishment is imprisonment, in a dis- trict or territory where at the time of conviction, or at any time during the term of imprisonment, there may be no penitentiary or jail suitable for the confinement of convicts, or avail- able therefor, are confined during the term or residue of the term of sen- tence in some suitable jail or peniten- tiary in a convenient state or terri- tory, designated by the Attorney- General, and are transported and delivered to the warden or keeper thereof, by the marshal of the dis- trict or territory where the convic- tion has occurred. But if, in the opinion of the Attorney-General, the expense of transportation would ex- ceed the cost of maintaining such convicted persons in jail in the state, territory, or District of Columbia, during the period of their sentence they are not so transported. The place of imprisonment may be chang- ed in any case when, in the opinion CRIMES AND PRISONERS. 325 of the Attorney-General, it is neces- sary for the preservation of the health of the prisoner, or when, in his opinion, the place of confinement is not sufficient to secure the custody of the prisoner, or because of cruel or improper treatment. No change is made on the ground of the un- healthiness of the prisoner, or because of his treatment, unless the prison- er or some one in his behalf apply for it. Prisoners in the jail or peni- tentiary of any state or territory are in all respects subject to the same discipline and treatment as convicts sentenced by the courts of the state or territory in which their place of confinement is situated, and are ex- clusively under the control of the officers having charge of the same under the laws of such state or terri- tory. United States convicts sen- tenced to imprisonment for more than one year, or to imprisonment and confinement to hard"" labour, may be confined during the term of sentence in any state jail or peniten- tiary within the district or state where they were sentenced, if the use of such jail or penitentiary is allowed by the legislature of the state for that purpose. United States prisoners confined in any prison or penitentiary of any state or territory which has no sys- tem of commutation for its own pris- oners, have a deduction from their several terms of sentence of five days in each and every calendar month during which no charge of miscon- duct has been sustained against each severally, who is discharged at the expiration of his term of sentence less the time so deducted, and a certificate of the warden or keeper of such prison of such deduction is en- tered on the warrant of commitment. Should, however, the prisoner during the term of imprisonment commit any offence for which he is convicted by jury, all remissions theretofore made are thereby annulled. When there is a system of commutation in operation in the territory or state, United States prisoners confined in such state or territorial prison are entitled to the same rule of credits for good behaviour, applicable to other prisoners in the same jail or penitentiary. On the discharge from any prison of any person convicted under the laws of the United States on indictment, he or she is provided by the warden or keeper of said pris- on with one plain suit of clothes, and $5 in money, for which charge is made and allowed in the accounts of such prison with the United States. Sentences may be ordered to be executed in any house of correction or house of reformation for juvenile delinquents within the state or dis- trict where such court is held, the use of which is authorised by the legislature of the state for such pur- pose. Offenders being under the age of sixteen years and convicted of crime, the punishment whereof is im- prisonment, are confined during the term of sentence in some house of refuge designated by the Attorney- General, and transported and deliv- ered to the warden or keeper thereof by the marshal of the district where the conviction has occurred. The Attorney - General contracts for the imprisonment, subsistence, and proper employment of prisoners con- fined in state or territorial jails or penitentiaries with the managers or proper authorities having control of such prisoners ; and for the im- prisonment, subsistence, and proper employment of all juvenile offenders with the managers or persons having control of the houses of refuge. 326 INDIANS. INDIANS. Indians occupy a peculiar position in the United States. They have not the rights and privileges of citizens : by sees. 2079 and 2080 of the United States Revised Statutes, " no Indian nation or tribe within the territory of the United States shall be acknowledged or recognised as an independent nation, tribe, or power with whom the United States may contract by treaty ; but no obliga- tion of any treaty, lawfully made and ratified with any such Indian nation or tribe prior to March 3, 1871, shall be hereby invalidated or impaired. Whenever the tribal or- ganisation of any Indian tribe is in actual hostility to the United States, the President is authorised by procla- mation to declare all treaties with such tribe abrogated by such tribe, if in his opinion the same can be done consistently with good faith and legal and national obligations." There is a board of Indian Commissioners, composed of not more than ten per- sons, appointed by the President solely, from men eminent for intel- ligence and philanthropy, and who serve without pecuniary compensa- tion, one of them acting as secretary, and receiving reasonable compensa- tion, payable from any monies appro- priated for the expenses of the board. This board supervises all expenditures of money appropriated for the benefit of Indians within the limits of the United States, and inspects all goods purchased for Indians in connection with the Commissioner of Indian Affairs, whose duty it is to con- sult the commission in making pur- chases of such goods. The members of this board are empowered to in- vestigate Indian contracts, expendi- ture, accounts, &c. By and with the consent of the Senate, the President appoints a sufficient number of In- dian inspectors, not exceeding five, who hold office for four years, unless sooner removed by the President, and each receives an annual salary of $3000, and his necessary travel- ling expenses, not exceeding 10 cents a mile, for actual travel while in the discharge of his duty. Each Indian superintendency and agency is visited and examined as often as twice a-year by one or more of the inspectors, such examinations, so far as prac- ticable, being made alternately by different inspectors, so that the same agency or superintendency is not ex- amined twice in succession by the same inspectors. The President is authorised to appoint from time to time, by and with the advice and consent of the Senate, a certain number of superintendents of Indian affairs for certain districts, who hold office for four years, give bond in such penalties, and with such security, as the President or the Secretary of the Interior requires, and receive suitable salaries. Their duty is to exercise a general supervision and control over the official conduct and accounts of all officers and persons employed by the Government in Indian affairs, under such regulations as are estab- lished by the President, and to per- form within their respective superin- tendencies such duties as are or may be assigned to superintendents of Indian affairs. The President is also authorised, by and with the advice and consent of the Senate, to appoint a certain number of Indian agents for certain agencies, who hold office for four years, and have to give bonds, &c. Each Indian agent, with- in his agency, manages and super- intends the intercourse with the Indians agreeably to law ; and exe- cutes and performs such regulations and duties, not inconsistent with law, INDIANS. 327 as are prescribed by the President, the Secretary of the Interior, the Commissioner of Indian Affairs, or the Superintendent of Indian Affairs. Every Indian agent resides and keeps his agency within or near the terri- tory of the tribe for which he is agent, and at such place as the President designates, and does not depart from the limits of his agency without per- mission. Any United States military officer may upon occasion be required by the President to execute the duties of an Indian agent without any other compensation than his ac- tual travelling expenses. The Indian agents receive salaries from $1000 to $1500 per annum. It is unne- cessary to go into details of the laws regulating the intercourse between Indians and citizens and others ; protecting the Indian reservations from the encroachments of citizens and others ; setting forth the terms of agreements between the United States and various tribes, the pun- ishment of crimes, &c., &c. It is the declared law of New York, South Carolina, and Tennessee (Kent's Com., vol. ii. p. 72), and probably so understood in other states, that Indians are not citizens, but distinct tribes living under the protection of the Government, and consequently they never can be made citizens un- der the Act of Congress. In an Ohio case, it has been held that youths of negro, Indian, and white blood, but of more than one - half white blood, are entitled, under the school law in favour of white chil- dren, to the benefit of the common school fund. In the State of New York, by the Act of 10th April 1843, chap. 87, any native Indian may purchase, take, hold, and convey lands in the same manner as a citi- zen ; and whenever he becomes a freeholder to the value of $100, he becomes subject to taxation, and liable 011 contracts, and subject to the civil jurisdiction of the courts of law and equity as a citizen. By the Act of Congress of March 3, 1842, provision was made for a just division of the lands belonging to the Stock- bridge tribe of Indians, in the Terri- tory of Wisconsin, among them indi- vidually, and patents to be issued to such individuals, in severalty and in fee ; and such Indians were thence- forth to be deemed citizens of the United States, with all the privileges and duties attached thereto, and the powers and usages of those Indians as a tribe were thenceforth to cease. By the United States laws of June 18, 1881, chap. 23, any Indian born in the United States who is the head of a family, or who has arrived at the age of twenty - one years, and who has abandoned his tribal relations, shall, on making satisfactory proof of such abandonment, under the rules prescribed by the Secretary of the Interior, be entitled to the benefits of the Act entitled "An Act to secure homesteads to actual settlers on the public domain," approved May 20, 1862, and the Acts amendatory there- of, except that the provisions of the eighth section of the said Act are not held to apply to entries made under this Act ; provided, however, that the title to lands so acquired by any Indian is not subject to alienation or incumbrance either by voluntary con- veyance or the judgment, decree, or order of any court, and remains in- alienable for a period of five years from the date of the patent issued therefor. Any such Indian is entitled to his distributive share of all annui- ties, tribal funds, lands, and other property, the same as though he had maintained his tribal relations ; and any transfer, alienation, or incum- brance of any interest he may hold or claim by reason of his former tribal relations is void. In reservations in the State of New York, the Indians elect by a plurality of votes, given 328 INDIANS. by ballot, a clerk and treasurer, a certain number of peacemakers, and a marshal, all of whom are Indians of the nation, qualified to vote and hold office for one year. Male In- dians of the age of twenty-one years belonging to the particular tribe are qualified to vote. In 1824 difficulty arose in the Stockbridge Indians re- specting their mode of appointing peacemakers, on account of the mu- lattoes and negroes that had been adopted into their nation, and an Act was passed making it lawful for the Stockbridge and Delaware Indians that had been adopted into the Stock- bridge tribe to meet in general council, and, by a majority of votes given in such council, to appoint peacemakers and a town-clerk, but unlawful for any negro or mulatto to meet or vote in any such council. By the laws of 1849, chap. 420, the first title of the eighth chapter and second part of the Revised Statutes "of husband and wife," and all laws in 'addition and amendatory thereof, and the Act en- titled, "An Act to punish seduction as a crime," passed March 22, 1848, were extended over and made applic- able to all Indians residing within the State of New York, with the same force and effect as if they were citizens of the state ; and the same courts having jurisdiction under those laws in cases of citizens, have jurisdic- tion in like cases in which one or more Indians may be concerned. All Indians who contract marriage accor- ding to the Indian custom or usage, and cohabit as husband and wife, are deemed and held to be lawfully married and their children legitimate. Marriages between Indians may be solemnised by peacemakers within their jurisdiction with the like force and effect as if by a justice of the peace. These peacemakers have au- thority to hear and determine all matters, disputes, and controversies between any Indians residing upon their respective reservations, but do not take cognisance of any claim founded upon any debt or demand originally contracted with a white man. Two of them form a court. They cannot, in the Tonawanda re- servation, award more than $100, exclusive of costs, in favour of any party in any one complaint or suit. No peacemaker acts in any case in which he is related by blood to either of the parties within the fourth de- gree by the common law, or has any interest in the controversy ; and when such relationship or interest in any two of the three peacemakers is estab- lished to the satisfaction of the other, he associates with him any two chiefs residing on the reservation not related to the parties, and not having any interest in the controversy, and they, or a majority of them, form the court. Any person dissatisfied with the de- termination of any tribunal may ap- peal therefrom to a jury of six chiefs. Upon the appealing party giving se- curity, approved by the peacemakers, to pay the amount to be awarded by the jury, the tribunal whose decision is appealed from causes the marshal to summon twelve chiefs designated by it, six of whom are drawn by lot, to hear the appeal. Chiefs related or interested as aforesaid are set aside, and others are drawn instead of them. The jury thus constituted hears the appeal, examines the wit- nesses and parties on oath, if required, in the same cases, and in like manner, and upon the like evidence, as in the case of a determination by the peace- makers. Each such juror is entitled to receive 25 cents for his services, paid in the first instance by the party appealing, they in their final deter- mination directing which party is to pay the costs and expenses. Peace- makers do not receive any fees for their services to their own use, but all such fees are paid to the treasurer of the band for its use. The unsuc- INDIANS. 329 cessful party in a controversy pays the costs, consisting of the fees of the marshal and 50 cents each for the attendance of the peacemakers, and 25 cents for each adjournment. The marshal holds the same position as a constable in towns of the state. His fees are 12^- cents for serving every summons, and 25 cents for serving every execution not exceeding $2.50, and at the rate of 10 cents in the dollar for any excess thereover. The peacemakers are each allowed, by the chiefs in council, an annual compen- sation not exceeding $50, paid semi- annually by the treasurer. In suits between Indians which involve over $100, the amount which the peace- makers can award, the state courts have to be resorted to, in the same manner and with the like effect as between white citizens. Upon 4th December 1848 the Seneca Indians on the Allegany and Cattaraugus re- servations met in convention, and formed a constitution for their gov- ernment founded on popular elections, and thereby abrogated their former government by chiefs, and the state legislature passed concurrent resolu- tions recognising this new govern- ment, in which it was resolved, " That the recognition by the Government of the United States of the new gov- ernment formed by the Indians resid- ing on the Cattaraugus and Allegany reservations establishes the new gov- ernment as that which the State of New York must receive and acknow- ledge in its dealings with said In- dians, and that the officers of this state ought, and are hereby instruct- ed, to respect such new government accordingly." In these reservations the peacemakers have exclusive juris- diction to grant divorces as between Indians residing on said reservations, with the right of appeal to the council by any party aggrieved. Among the Brotherton Indians the rule of descent of lands is that children take equally if they are all in equal degree of kin- dred to the deceased, but the issue of a deceased child or children take only such share as the parent would have taken if living, and the like division, per stirpes, is made among the descendants of such deceased In- dian in the remotest degree ; and if such Indian leave no issue, then the lands revert to the Brotherton In- dians, and the superintendents there- upon assign the same to some other Indian or Indians entitled thereto. But the widow in all cases has a right to continue in the house her husband died possessed of during her widow- hood, and the superintendents also assign to her so much of the land of her husband as they think necessary. The aim of all the United States and state legislation regarding In- dians is to gradually civilise and edu- cate them in the ways of self-govern- ment, with the view of ultimately making them citizens ; meantime to protect them from citizens and others, who would soon, if not prevented by stringent laws, deprive the Indians of all lands and property, and drive them into Sheol. The Secretary of the Interior, in his annual report for 1886, spoke very favourably of the progress of Indian affairs, and submitted evi- dence that the work of elevating the race was bearing fruit. He referred to the policy of the administration thus : " That policy, as I understand it, is the incorporation of the Indian race into our political and social sys- tem as citizens. Before, however, this consummation, which will be the crowning glory of our Government, can be attained, there must be some radical changes in our Indian policy. The present system was, when adopted, admirably adapted to the then existing condition of the Indians, and is yet, so far as is required to keep in order and peace and the greatest practicable comfort a large 330 INDIANS. mass of savage and semi-barbarous population, dependent upon the chase and the bounty of the Government for its subsistence. But this condition it is impossible to continue. The only al- ternative now presented to the Amer- ican Indian race is speedy entrance into the pale of American civilisation, or absolute extinction. In order to escape the latter and attain the for- mer, three conditions of preparation are indispensable. The first is to get established in this race the idea and habitude of individual property-hold- ing, thorough reliance upon its invio- lability, and a perfect sense of secur- ity in the enjoyment of its benefits. Second, an education of the entire mass of the youth of this race, em- bracing a thorough knowledge of the use of the English language in the daily affairs of life, arithmetic and the mechanical arts among the males, and among the females the domestic arts in use with that sex. Third, a substitution of the universal opera- tion of law among them, in the en- forcement of justice and the pro- tection of person and property, and the punishment of crimes, for the agencies of force and superstition." The work of locating the Indians on lands in severalty has been, and is now being, pushed with commendable activity by the Commissioner of In- dian Affairs. During the year about 800 Indians have received title, as prescribed by treaties, to allotments of land for individual occupancy. Quite a number have taken up home- steads on the public domain under the Indian homestead laws. A large number have been located who have not yet been furnished with a title to their selections. There are 214 Indian schools, with an average at- tendance of 9528, which cost the Government last year $787,881.42. Crimes committed by Indians fre- quently go unpunished, because of the expense which would be entailed upon the territories. The report re- commends that the territories should be relieved of such burdens, and that provision should be made for compensating Indians whose land is taken for railroad purposes. The total amount expended by the In- dian Bureau was $6,190,751.82; balance of appropriation unexpended, $1,660,023.30. In his annual message of 1886, the President renews his recommenda- tion for " the appointment of a com- mission as an instrumentality auxili- ary to those already established for the care of the Indians." It was designed that the commission should be composed of six intelligent and capable persons, three to be detailed from the army, having practical ideas upon the subject of the treatment of Indians, and interested in their wel- fare ; and that it should be charged, under the direction of the Secretary of the Interior, with the management of such matters of detail as cannot, with the present organisation, be properly and successfully conducted, and which present different phases, as the Indians themselves differ in their progress, needs, disposition, and capacity for improvement or immediate self-support. A commission, consisting of Bishop H. B. Whipple of Minnesota, Colonel J. V. Wright of Tennessee, and Major C. F. Larrabee of the Indian Office, appointed by an Act of Congress to ne- gotiate with certain Indian tribes in Minnesota, Dakota, Montana, Idaho, and Washington Territory, submitted a report of their operations to the Com- missioner of Indian Affairs. It seems they effected two separate and distinct agreements viz., (1) with the In- dians of the White Earth, Leech Lake, Cass Lake, Lake Winnebigo- shish, and White Oak Point reserva- tions and the Gull River band ; and (2) with the Indians of the Red Lake reservations. By the first agreement, INDIANS. 331 the unoccupied lands of the \Vhite Earth reservation are thrown open for all of the tribes and bands of the Chippewas in Minnesota, the Indians occupying the reservation, which contains about 800,000 acres, being first permitted to make selec- tions for themselves. The quantity of land each Indian will be entitled to receive under the agreement is as follows : " Each head of a family, 160 acres ; each single person over eighteen years of age, 80 acres ; each orphan child under eighteen years of age, 80 acres ; each other person under eighteen years of age, 40 acres. Every Indian will receive a patent which shall be of the legal effect, and declare that the United States will hold the lands thus allotted for the period of fifty years, and such further time as the President may direct, in trust for the allottee or his heirs according to the laws of Minne- sota. At the expiration of the fifty years the land is to be conveyed to the allottees in fee." It is also provided that the laws of marriage, descent, and partitions in force in the State of Minnesota, shall apply thereto after the first patents therefor shall have been executed and delivered. The Indians are to have the benefit of, and be subject to the criminal laws of, the state in all offences, the penalty for which is death or im- prisonment in the state penitentiary. The residue of lands, after all allot- ments have been made, is to be patented by the consolidated tribes in common, and held in trust as in the case of individual allotments, and every child who may be born within the fifty years' limit is to have a tract of 40 acres. Provision is made for the support of the Indians remov- ing to White Earth, to be continued until they are able to take care of themselves, but in no event to ex- ceed two years. Each head of a fam- ily, and each male Indian over eighteen years of age when he be- comes a permanent resident upon his allotment, will be provided with a comfortable hewn loghouse, a coal stove, a yoke of oxen, a waggon, a plough, a cow, an axe and other im- plements of husbandry ; each Indian shall have 5 acres of land broken for him, and be furnished with seed for his first crop. Industrial and dis- trict schools are to be established for all of the children on the reservation. By the second agreement with the Red Lake band of Chippewas, about two-thirds of their reservation, or an area estimated to contain over 2,000,000 acres, is ceded to the United States, to be sold for the benefit of the Indians. The portion ceded embraces a vast timber zone, said to be of almost incalculable value. The funds derived from these sales are to be placed in the Treasury to the credit of the Red Lake Indians, and bear interest, which is to be expended in their civilisation and education, and in making improvements on their re- servation. (The writer is indebted to the ' New York World ' of December 11, 1886, for this paragraph.) The sums necessary for the pur- pose of paying the current and con- tingent expenses of the Indian De- partment for the year ending June 30, 1887, and fulfilling treaty stipu- lations with the various Indian tribes, included the pay of 60 agents of Indian affairs at named agencies, at salaries ranging from $1000 to $2000; and for the Eastern Chero- kee Indians, $800 in all $89,300; for interpreters to be distributed in the discretion of the Secretary of the Interior, $25,000, but no person em- ployed by the United States, and paid for any other service, shall be paid for interpreting. Also sums for the pay of five Indian inspectors ; one Indian school superintendent ; and for the expenses of the commis- 332 INDIANS. sion of citizens serving without com- pensation, appointed by the Presi- dent, under the provisions of the 4th section of the Act of April 10, 1869. To show how the various Indian tribes are subsidised according to treaties, the following notes are taken from the Appropriation Act, chap. 333 of the laws of 1886 : Apaches, Kiowas, and Comanches For the nineteenth of thirty instalments For clothing ...... For pay of carpenter, farmer, blacksmith, miller, and engineer ..... For pay of physician and two teachers Cheyennes and Arapahoes For the nineteenth of thirty instalments For clothing ...... For pay of carpenter, farmer, blacksmith, miller, and engineer. ..... For pay of physician and teacher Chickasaws For permanent annuity, in goods Chippewas of the Mississippi For fortieth of forty-six instalments . For support of schools upon said reservation, during the pleasure of the President Chippewas, Pillagers, and Lake Winnehigoshish Bands- For thirty-second of forty instalments of annuity in money ...... For thirty-second of forty instalments of annuity in goods ...... For thirty-second of forty instalments for purposes of utility ...... Choctaws For permanent annuity .... For permanent annuity for support of blacksmith . For permanent annuity for education For permanent annuity for iron and steel For interest on 390,257.92 for education, support of the Government, and other beneficial purposes, under the direction of the general council of the Choctaws ...... Columbias and Colvilles For annuity for Chief Moses .... For annuity for Chief Tonasket For employees ...... Creeks For permanent annuity in money (treaties of 1790 and 1856) For permanent annuity in money (treaties of 1802 and 1856) For permanent annuity in money (treaties of 1824 and 1856) Carry forward 830,000 13,000 4,500 2,500 $20,000 12,000 4,500 2,000 81,000 4,000 810,666.66 8,000.00 4,000.00 83,000.00 600.00 6,000.00 330.00 19,512.89 1,000 100 6,000 81,500.00 3,000.00 20,000.00 849,000.00 38,500.00 3,000.00 5,000.00 22,666.66 29,442.89 7,100.00 824,500.00 $154,709.55 INDIANS. Brought forward . . $24,500.00 Creeks con t inued. For permanent annuity for blacksmith and assistant, and for shop and tools (treaties of 1826 and 1856) . 840.00 For permanent annuity for iron and steel (same treaties) ...... 270.00 For permanent annuity for the pay of a wheelwright (same treaties) ..... 600.00 For interest on $200,000 for purposes of education (treaty of 1856) . . . . 10,000.00 For interest on $675,168, to be expended under the direction of the Secretary of the Interior (treaty of 1866) ...... 33,758.40 Crows For fifth of twenty-five instalments, to be used by the Secretary of the Interior in such manner as the President may direct (treaty of 1880) . . $30,000 For eighteenth of thirty instalments to supply male persons, 600 in number, over fourteen years of age, with a suit of good substantial clothing, consisting' of a coat, hat, pantaloons, flannel-shirt, and wool- len socks (treaty of 1868) . . . . 6,000 For eighteenth of thirty instalments to supply each female, 700 in number, over twelve years of age, with a flannel-shirt, or the goods necessary to make the same, a pair of woollen hose, 12 yards of calico, and 12 yards of cotton domestic . . 4,000 For eighteenth of thirty instalments to supply 350 boys and 350 girls under^the ages named, such flannel and cotton goods as may be needed to make each a suit as aforesaid, with a pair of woollen hose for each ...... 5,000 For pay of a physician .... 1,200 For seventeenth of twenty instalments for pay of teacher, and furnishing necessary books and sta- tionery ...... 1,500 For pay of carpenter, miller, engineer, farmer, and blacksmith . . . . . . 3,300 For pay of second blacksmith, and iron and steel . 1,500 For this amount, or so much thereof as may be necessary to furnish such articles of food as from time to time the condition and necessities of the Indians may require .... 60,000 lowas For interest, in lieu of investment, on $57,500, balance of $157,500, to July 1, 1886, for ediication or other beneficial purposes, under the direction of the President ..... Kansas For interest, in lieu of investment, on $200,000 Kickapoos For interest on $85,175.68 for education and other beneficial purposes ..... $4,408.78 This amount to enable the President of the United States to carry put the provisions of the treaty of 1862, to be paid as therein provided, and under such rules as the Secretary of the Interior may 333 $154,709.55 69,968.40 112,500.00 2,875.00 10,000.00 Carry forward $4,408.78 $350,052.95 334 INDIANS. Brought forward . . $4,408.78 Kickapoos continued. prescribe, to five Kickapoo Indians who have be- come citizens of the United States . . . 1,689.20 Klamaths and Modocs For last of twenty instalments for keeping in repair one sawmill, one flouring mill, buildings for the blacksmith, carpenter, wag- gon and plough maker, the manual-labour school, and hospital Miamies of Kansas For permanent provision for blacksmith and as- sistant, and iron and steel for shop . . $411.43 For permanent provision for miller, in lieu of gun- smith ...... 262.62 For interest on $21,884.81 for educational purposes . 1,094.24 Miamies of Eel Kiver For permanent annuity in goods or otherwise (treaty of 1792) $500 For permanent annuity in goods or otherwise (treaty of 1805) 250 For permanent annuity in goods or otherwise (treaty of 1809) 350 Molels For pay of teachers and for manual-labour schools, and for all necessary materials therefor, and for the subsistence of the pupils ........ Nez Perces For salaries of two matrons to take charge of the boarding-schools and two assistant teachers, one farmer, one carpenter, two millers Northern Cheyennes and Arapahoes For eighth of ten instalments to be expended by the Secretary of the Interior, for each Indian engaged in agriculture, in the purchase of such articles as from time to time the condition and necessities of the Indians may indicate to be proper, and for subsistence as per agreement with the Sioux Indians ...... $30,000 For eighteenth of thirty instalments for purchase of clothing, provided that the amount in this and the preceding paragraph be expended pro rata as near as may be for the Northern Cheyennes and Ara- pahoes in Wyoming, and on the Tongue river in Montana . . . . . . 12,000 For pay of physician, two teachers, two carpenters, one miller, two farmers, a blacksmith, and engineer 9,000 Ornahas For fourth of twelve instalments, being last series, in money or otherwise ........ Osages For interest on $69,120, being value of fifty-four sections of land set apart for educational purposes ..... Otoes and Missourias For fourth of twelve instalments, being the last series, in money or otherwise ........ Carry forward $350,052.95 6,097.98 1,000.00 1,768.29 1,100.00 3,000.00 3,500.00 51,000.00 10,000.00 3,456.00 5,000.00 $435,975.22 INDIANS. Brought forward Pawnees For perpetual annuity, at least one-half of which is to be paid in goods and such articles as may be deemed necessary for them .... 30,000 For support of two manual-labour schools . . 10,000 For pay of two farmers, two blacksmiths, and two apprentices, one miller and apprentice, and two teachers, one shoemaker, and one carpenter . 5,400 For pay of physician and purchase of medicines . 1 ,200 For purchase of iron and steel, and other necessaries for the shops ..... 500 Poncas For thirteenth of fifteen instalments, last series For this amount, or so much thereof as may be necessary, to be used at the discretion of the Presi- dent to carry on the work of aiding and instructing them in the arts of civilisation with a view to their self-support, for clothing, and for pay of em- ployees ...... For this amount to be expended under the direction of the Secretary of the Interior for their sub- sistence ...... These sums were to be divided pro rata among all the members of said tribe in the Indian territory and in Dakota territory. Pottawatomies For permanent annuity, in silver (treaty of 1795) For permanent annuity, in silver (treaty of 1809) For permanent annuity, in silver (treaty of 1818) For permanent annuity, in money (treaty of 1828) . For permanent annuity, in specie (treaties of 1829 and 1828) ...... For permanent provision for payment of money in lieu of tobacco, iron, and steel (treaties of 1828 and 1846) For permanent provision for three blacksmiths and assistants, and for iron and steel for shops (treaties of 1826, 1828, 1829) 1,008.99 For permanent provision for fifty barrels of salt . 156.54 For interest on 230,064.20 (treaties of 1846) . 11,503.21 Pottawatomies of Huron For permanent annuity, in money or otherwise Quapaws For education, during the pleasure of the President . $1,000 For blacksmith and assistants, and tools, iron, and steel for blacksmith's shop . . . . 500 Sacs and Foxes of the Mississippi For permanent annuity, in goods or otherwise . 1,000 For interest on 200,000 .... 10,000 For interest on $800,000 .... 40,000 Provided that 1500 be used for the pay of a physician and for medicines. Carry forward 335 435,975.22 47,100.00 8,000 5,000 15,000 28,000.00 357.80 178.90 894.50 715.60 5,724.77 107.34 20,647.65 400.00 1,500.00 51,000.00 584,622.87 336 INDIANS. Sacs and Foxes of the Missouri For interest on 157,400 For support of a school Brought forward Seminoles For interest on $250,000, to be paid as annuity For interest on 250,000, to be paid as annuity (they having joined their brethren west) . For interest on 50,000, to be paid annually for the support of schools ..... For interest on $20,000, to be paid annually for the support of the Seminole government Senecas For permanent annuity, in specie (treaty of 1817) . For permanent annuity, in specie (treaty of 1818) . For permanent annuity, for blacksmith and miller, to be annually paid to them as a national fund to be expended by them for such articles and wants and improvements in agriculture as their chiefs (with the consent of their agent) may designate . For permanent annuity, in specie (treaties of 1818 and 1867) ...... For blacksmith and assistant, shops and tools, iron and steel (treaties of 1831 and 1867) Senecas of New York For permanent annuity, in lieu of interest on stock . For interest, in lieu of investment, on 75,000 For interest on 43,050 transferred from the Ontario Bank to the United States treasury Shawnees For permanent annuity for educational purposes (treaties of 1795 and 1854) . For permanent annuity in specie for educational pur- poses (treaties of 1817 and 1854) . . . For interest on 40,000 for educational purposes (treaty of 1854) ..... Eastern Shawnees For permanent annuity in specie For blacksmith and assistant, shops and tools, iron and steel ...... Shoshones and Bannocks Shoshones For seventeenth of thirty instalments, to purchase suits of clothing for males over fourteen years of age ; flannel, hose, calico, and domestics for females over the age of twelve years ; and such goods as may be needed to make suits for boys and girls under the ages named .... For pay of physician, teacher, carpenter, miller, engineer, farmer, and blacksmith . For pay of second blacksmith and such iron and steel and other materials as are required . Carry forward 7,870 200 584,622.87 $8,070.00 12,500 12,500 2,500 1,000 28,500.00 500 500 1,660 500 530 3,690.00 $6,000.00 3,750.00 2,152.50 11,902.50 1,000 2,000 2,000 5,000.00 1,030.00 10,000 5,000 1,000 16,000 642,815.37 INDIANS. 337 Brought forward . Shoshones and Bannocks continued. Bannocks For seventeenth of thirty instalments, to purchase suits of clothing (as above for Seminoles) . . 5,000 For pay of physician, teacher, carpenter, miller, en- gineer, farmer, and blacksmith . . . 5,000 Six Nations of New York For permanent annuity in clothing and other useful articles Sioux of different tribes, including Santee Sioux of Nebraska For seventeenth of thirty instalments, to purchase clothing for males over fourteen years of age ; for flannel, hose, and calico, and domestics required for females over twelve years of age ; and for such flannel and cotton goods as are needed to make suits for boys and girls .... $30,000 For seventeenth of thirty instalments, to purchase such articles as the Secretary of the Interior deems proper for persons roaming . . . 100,000 For seventeenth of thirty instalments, to purchase such articles as the Secretary of the Interior deems proper for persons engaged in agriculture, at $20 per head ...... 50,000 For pay of five teachers, one physician, one carpen- ter, one miller, one engineer, two farmers, and one blacksmHh ...... 10,400 For pay of additional employees at the several agen- cies for the Sioux in Nebraska and Dakota . 20,000 For industrial schools at the"" Santee Sioux and Crow Creek agencies ..... 6,000 For subsistence of the Sioux, and for purposes of their civilisation (including transportation of sup- plies from the termination of railroad or steamboat transportation Indians to be employed wherever practicable) ...... 1,200,000 For pay of matron at Santee agency . . . 500 For pay of second blacksmith, and furnishing iron and steel and other material . . . 2,000 For the support of the full-blood Indians in Minne- sota belonging to the Medwakanton band of Sioux Indians, to be expended by the Secretary of the Interior in the purchase of such agricultural im- plements, cattle, lands, and in making improve- ments thereon, as in his judgment are best for said Indians ...... 10,000 Of this, 8720 may be expended to pay a practical farmer for instructing the Indians in agricul- ture. Sioux, Yankton Tribe For eighth of ten instalments, third series . . $25,000 For siibsistence and civilisation of 2000 Y ankton Sioux 35,000 $16,000 642,815.37 Confederated Bands of Utes For pay of two carpenters, two millers, two farmers, and two blacksmiths .... For pay of two teachers .... For purchase of iron and steel, and necessary black- smitli tools . ..... Carry forward 6,720 1,800 220 26,000.00 4,500.00 1,528,900.00 60,000.00 8,740 2,262,315.37 338 INDIANS. Brought forward Confederated Bands of Utes continued. For eighteenth of thirty instalments, to be expended iinder the direction of the Secretary of the Interior for clothing, blankets, &c. .... For annual amount for the purchase of beef, mutton, wheat, flour, beans, and potatoes, and other neces- sary articles of food ..... For pay of employees at Ute agencies Winnebagoes For interest on $804,909.17, to be expended by the Secretary of the Interior for the support, educa- tion, and civilisation of said Indians For interest on $78,340.41, to be expended under the direction of the Secretary of the Interior for the erection of houses, improvement of their allot- ments of land, purchase of stock, agricultural im- plements, seeds, and other beneficial objects 8,740 2,262,215.37 30,000 30,000 5,000 840,245.45 3,917.02 73,740.00 Utes For sixth of ten instalments, to be distributed at the discretion of the President to such Ute Indians as distinguish themselves by good sense, energy, and perseverance in the pursuits of civilised life, and in the promotion of a good understanding between the Indians and the Government and people of the United States . MISCELLANEOUS SUPPORTS. 1. For subsistence and civilisation of the Arapahoes, Cheyennes, Apaches, Kiowas, Comanches, and Wichitas who have been collected upon the reservations set apart for their use and oc- cupation ........ 2. For subsistence and civilisation of Arickarees, Gros Ventres, and Mandans ; for this amount to be expended in such goods, pro- visions, and other articles, as the President may from time to time determine ; in instructing in agricultural and mechanical pursuits ; in providing employees, educating children, procuring medicine and medical attendance ; care for and support of the aged, sick, and infirm ; for the helpless orphans of said Indians ; and in other respects to promote their civilisation, comfort, and improvement ....... 3. For subsistence and civilisation of the Assinaboines in Montana, including pay of employees ..... 4. For support, education, and civilisation of Blackfeet, Bloods, and Piegans, including pay of employees .... 5. For the Chippewas of Lake Superior, to be expended for agricul- tural and educational purposes, pay of clerk, and necessary employees, purchase of goods and provisions, and for such other purposes as may be deemed for the best interests of said Indians 6. Chippewas of Red Lake and Pembina tribe of Chippewas (the same purposes as No. 3) . . . . ... 7. For this amount, or so much thereof as necessary, to be expended, under the direction of the Secretary of the Interior, in the care and support of the Otter Tail, Pillager, Pembina, and Missis- sippi Indians on the White Earth reservation in Minnesota, to assist them in their agricultural operations, and for pay of physician (not over $1200) . . .... Carry forward 44,162.47 4,000.00 325,000.00 40,000.00 30,000.00 80,000.00 5,000.00 10,000.00 10,000.00 $500,000.00 INDIANS. 339 Brought forward . . $500,000.00 Miscellaneous Supports continued. 8, For support and civilisation of Turtle Mountain band of Chip- pewas ........ 7,000.00 9. D'Wamish and other allied tribes in Washington Territory (same as No. 3) . . . . . . . . 7,000.00 10. Confederated tribes and bands in Middle Oregon (as No. 3) . 6,000.00 11. Carlo's band of Flathead Indians (as No. 3) ... 16,000.00 12. Flatheads and other confederated tribes (as No. 8) . . . 10,000.00 13. Gros Ventres in Montana (as No. 8) . . . . . 30,000.00 14. To enable the Secretary of the Interior to purchase subsistence and other necessaries for the support of the Hualapais Indians in Arizona ........ 5,000.00 15. For this amount to subsist and properly care for the Apache and other Indians in Arizona and New Mexico collected on reserva- tions in New Mexico or Arizona ..... 210,000.00 16. Indians at Port Peck agency (as No. 2) . . . 90,000.00 17. Shoshones and Bannocks and other Indians of the Fort Hall reser- vation in Idaho Territory (as No. 4) . . . 17,000.00 18. Shoshones, Bannocks, and Sheepeaters, and other Indians of the . Lemhi agency in Idaho Territory (as No. 4) . . . 15,000.00 19. Klamaths and Modocs, and other Indians of the Klamath agency in Oregon (as No. 4) ...... 5,000.00 20. Kansas Indians support and civilisation, including agricultural assistance and pay of employees ..... 2,500.00 21. Kickapoo Indians in the Indian territory (as No. 8) . . 5,000.00 22. Makahs (as No. 3) . . . . . . . 4,000.00 23. Menomonee Indians (as No. 3) ..... 4,000.00 24. Modoc Indians residing within the Indian territory (as No. 8) . 4,000.00 25. For support and civilisation of the Navajo Indians, including pay of employees, S7500 ; for expenses of constructing ditches and reservoirs, 7500 ; to be taken from the funds in the Treasury belonging to said Indians ...... 15,000.00 26. Joseph's band of Nez Perces Indians purchase of agricultural im- plements, and support and civilisation .... 18,000.00 27. Nez Perces Indians in Idaho (as No. 3) . . . 6,500.00 28. Qui-nai-elts and Quil-leh-utes (as No. 3) . . . 4,000.00 29. Shoshone Indians in Wyoming (as No. 8) . . . . 15,000.00 30. Shoshone Indians in Nevada (as No. 3) . . . 10,000.00 31. Sioux of Lake Traverse (as No. 3) ..... 6,000.00 32. Sioux of Devil's Lake (as No. 3) ..... 6,000.00 33. S'Klallam Indians (as No. 3) ..... 4,000.00 34. Tonkawa Indians (as No. 8) . . . . . . 5,000.00 35. Walla Walla, Cayuse, and Umatilla tribes (as No. 3) . . 6,500.00 36. Yakamas and other Indians at said agency (as No. 3) . . 14,000.00 1,047,500.00 INCIDENTAL EXPENSES. In Arkansas In California In Colorado In Dakota . In Idaho . In Montana In Nevada In New Mexico Carry forward 820,000 26,000 1,500 8,000 1,000 4,000 22,500 5,000 888,000 340 INDIANS. Brought forward Incidental Expenses continued. In Oregon .... In Utah .... In Washington Territory . In Wyoming MISCELLANEOUS. Practical farmers, in addition to agency farmers, at wages not over $75 each per month, to superintend and direct farming among such Indians as are making efforts for self-support Indian police not over 700 privates at 8 each per month, and not over 70 officers at 10 each per month, employed to maintain order and prohibit illegal traffic in liquor on the several Indian reserva- tions equipments, rations for policemen of non-ration agencies Prevention of illegal liquor traffic upon or near Indian reservations Pure vaccine 'matter aud vaccination of Indians Telegraphing and making purchases of Indian supplies, &c. Transportation of Indian supplies .... To enable Indians to avail themselves of the benefits of the Home- stead Act ........ Survey and subdivision of Indian reservations and of lands to be allotted to Indians, and to make allotments in severalty To be expended by the Commissioner of Indian Affairs under the direction of the Secretary of the Interior. To enable the Secretary of the Interior to negotiate with the several tribes and bands of Chippewas in Minnesota as to change of reserva- tion, &c. ; with the various bands or tribes of Indians in northern Montana and at Fort Berthold in Dakota as to reservations, &c. ; with the upper and middle bands of Spokane Indians and Pend d'Oreilles Indians in Washington and Idaho territories, as to their removal to the Colville, Jocko, or Coaur d'Alene reservations, with the consent of the',Indians on said reservations, and for the cession of their lands to the United States ; with the Cceur d'Alene Indians for the cession of their lands outside the limits of the present Cceur d'Alene reservation to the United States say But no agreement made shall take effect until ratified by Congress. Indian depredation claims ...... All claims whose examination was completed by 1st January 1887 were then to be reported to Congress, with the opinions aud con- clusions of the Commissioners of Indian Affairs and the Secretary of the Interior upon all material facts, and all the evidence and papers pertaining thereto. 16,000 10,000 16,000 1,000 8131,000 840,000 85,000 2,000 1,000 40,000 250,000 5,000 25,000 15,000 20,000 8483,000 SUPPORT OF SCHOOLS. For support of Indian day and industrial schools, and for other educational purposes not specially provided for . For construction and repair of school buildings . For purchase of horses, cattle, and sheep, goats and swine for schools ..... Carry forward 10,000 8715,000.00 8715,000.00 INDIANS. Brought forward Support of Schools continued. The entire cost of any boarding-school building, including furni- ture, shall not exceed $10,000. The entire cost of any day-school building shall not exceed 600. The school year shall be held to include all usual and necessary vacations. The Secretary of the Interior shall report annually, on or before the first Monday in December, in what manner and for what purpose the general education fund for the preceding fiscal year has been expended ; also the number and kind of schoolhouses erected, and their cost, as well as cost of repairs, names of every teacher employed and compensation allowed, the location of each school, and the average attendance at each school. No part of the money appropriated shall be expended in the trans- portation from, or support of Indian pupils or children off, their reservations respectively, if removed without the free consent of their parents, or those standing in that relation to them by their tribal laws, respectively. Chilocco Industrial School, Chilocco, Indian Territory (formerly Ar- kansas City) For support of pupils, at $175 each per annum . $30,625 For purchase of materials, erection of shops, and necessary out-buildings, and for repairing same . 2,000 For pay of superintendent .... 1,500 Industrial schools in Alaska For support and education of Indian piipils of both sexes Indian industrial school at Carlisle, Pennsylvania For support and transportation of Indian pupils to and from school ...... $80,000 To be disbursed upon the basis of an allowance not exceeding $167 each (exclusive of transporta- tion) maintained in, and supported and educated at, said school ; but actual cost of transportation and other expenses of such pupils as are sent out of the school among farmers for support and edu- cation may be disbursed from said funds. For annual allowance to Captain R. H. Pratt, in charge of school ...... Indian industrial school at Salem, Oregon 200 Indian pupils, at $175 per annum each . Pay of superintendent . . Completion of school building, and necessary out- buildings, and repairs and fencing . Industrial school for Indians at Genoa, Nebraska For support of Indian pupils at $175 each per annum For repair of present building and construction of new buildings ...... School at Hampton, Virginia For support and education of 120 Indian pupils Indian school at Lawrence, Kansas For support and education of 350 Indian pupils, at $175 each per annum .... For pay of superintendent .... Carry forward 341 $715,000.00 1,000 $35,000 1,500 5,000 $29,750 10,000 34,125.00 20,000.00 81,000.00 41,500.00 39,750.00 20,040.00 $61,250 2,000 $63,250 $951,415.00 342 INDIANS. Brought forward Support of Schools : Indian school at Lawrence continued. For purchase of materials, erection of shops, cottages, and out-buildings, and necessary repairs . For the completion of building, and the purchase of additional grounds ..... 863,250 $951,415.00 4,750 58,000 Lincoln Institution, Philadelphia, Pennsylvania For support and education of 200 Indian pupils, at a rate not to exceed $167 each per annum ..... Saint Ignatius Mission-school, on the Jocko reservation, Montana Ter- ritory For support of 150 Indian pupils, at $150 each per annum For care, support, and education of 300 Indian pupils at industrial, agricultural, mechanical, or other schools, other than those specially provided for in any of the states or territories of the United States, at not over $167 for each ...... For collecting and transportation of pupils to and from Indian schools, and also for the transportation of Indian pupils from all the Indian schools, and placing of them, with the consent of their parents, under the care and control of such suitable white families as may in all re- spects be qualified to give such pupils moral, industrial, and educa- tional training, under arrangements in which their proper care, sup- port, and education shall be in exchange for their labour $735 of this sum were to be paid to the Good Shepherd Industrial School of Denver, Colorado, as a reimbursement for expenses incurred by it in transporting 25 Indian girls from Turtle Mountain, Dakota, to said school, there to be educated under a contract with the Commissioners of Indian Affairs. 126,000.00 33,400.00 22,000.00 50,100.00 28,000.00 81,210,915.00 INTEREST ON TRUST-FUND STOCKS. For payment of interest on certain abstracted and non-paying state stocks belonging to the various Indian tribes, and held in trust by the Secretary of the Interior, for the year ending June 30, 1886 viz., Cherokee national fund . . . interest $26,060 Cherokee school fund .... 2,410 Chickasaw national fund Choctaw general fund .... Delaware general fund lowas ...... Kaskaskias, Peorias, Weas, and Piankeshaws Kaskaskia, Wea, Peoria, and Piankeshaw school fund ..... Menomonees . . . . 19,820 27,000 8,930 3,520 4,801 1,449 950 894,940.00 No purchase of supplies, for which appropriations are made, exceeding in the aggregate $500 in value, are made without first giving at least three weeks' notice by advertisement, except in cases of exigency, when, in the discretion of the Secretary of the Interior, who makes official record of the facts constituting the exigency, and reports the same to Congress at its next session, he directs that pur- chases may be made in open market in amount not exceeding $3000. Funds appropriated for construction CIVIL EIGHTS AND CITIZENSHIP. 343 of ditches and other works for irri- gating may, in the discretion of the Secretary of the Interior, be expended in open market. Purchases in open market may be made from Indians, under the direction of said Secretary, to an amount not exceeding $3000. The said Secretary, under the direc- tion of the President, may use any surplus in any of the appropriations for the purchase of subsistence for the several Indian tribes, to an amount not exceeding $25,000 in the aggre- gate, to supply any subsistence de- ficiency that may occur ; but funds appropriated to fulfil treaty obliga- tions shall not be so used. Any such diversions are reported in detail, and the reasons therefor, to Congress, at its session next succeeding such diver- sion. The Secretary of the Interior, under the direction of the President, may use any sums appropriated for subsistence, and not absolutely neces- sary for that purpose, for the pur- chase of stock-cattle for the benefit of the tribe for which the appropria- tion was made, or for the assistance of such Indians to become fanners, and shall report to Congress there- anent. The several appropriations made for millers, blacksmiths, en- gineers, carpenters, physicians, and other persons, and for various articles provided for by treaty stipulation for the several Indian tribes, may be diverted to other uses for the benefit of the said tribes respectively, within the discretion of the President, and with the consent of said tribes, ex- pressed in the usual manner, and the Secretary of the Interior causes report thereof to be made to Con- gress. CIVIL RIGHTS AND CITIZENSHIP. All persons within the jurisdiction of the United States have the same right in every state and territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of per- sons and property as is enjoyed by white citizens, and are subject to like punishment, pains, penalties, taxes, licences, and exactions of every kind, and to no other. All citizens of the United States have the same right in every state and territory as is enjoyed by white citizens thereof to inhabit, purchase, lease, sell, hold, and convey real and personal pro- perty. In the courts of the United States no witness is excluded in an action on account of colour, or in any civil action because he is a party to or interested in the issue tried ; but in actions by or against executors, ad- ministrators, or guardians, in which judgment may be rendered for or against them, neither party is allowed to testify against the other, or to any transaction with or statement by the testator, intestate, or ward, unless called to testify thereto by the op- posite party or by the court. In all other respects the laws of the state in which the court is held are the rules of decision as to the competency of witnesses in the courts of the United States in trials at common law and in equity and admiralty. Such are the rights of all persons born in the United States, and not subject to any foreign Power, exclud- ing Indians not taxed. Citizenship also embraces all children born or to be born out of the limits and juris- diction of the United States whose fathers were or may be at the time of their birth citizens thereof, but the rights of citizenship do not descend to children whose fathers never re- sided in the United States. Any woman married to a citizen of the 344 GENERAL LAND OFFICE. United States, who might herself be lawfully naturalised, is deemed a citizen. The 1999th and 2000th sections of the United States Revised Statutes (27th July 1868, chap. 249) enact that, whereas the right of ex- patriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness ; and whereas in the recognition of this principle this Government has freely received emigrants from all nations and invested them with the rights of citizenship ; and whereas it is claimed that such American citi- zens, with their descendants, are sub- jects of foreign states owing allegiance to the Governments thereof ; and whereas it is necessary to the main- tenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed : therefore any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or ques- tions the right of expatriation is de- clared inconsistent with the funda- mental principles of the Republic. All naturalised citizens of the United States while in foreign countries are entitled to and shall receive from the Government the same protection of persons and property which is ac- corded to native-born citizens. When- ever it is made known to the Pres- ident that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of any foreign Government, it is the duty of the President forthwith to demand of that Government the rea- sons of such imprisonment ; and if it appears to be wrongful and in viola- tion of the rights of American citizen- ship, the President shall forthwith demand the release of such citizen, and if the release so demanded is un- reasonably delayed or refused, the President shall use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate the release ; and all the facts and proceedings relative thereto shall be, as soon as practicable, com- municated by the President to Con- gress. Every person who deserts the military or naval service of the United States, or who, being duly enrolled, de- parts the jurisdiction of the district in which he is enrolled, or goes be- yond the limits of the United States with intent to avoid any draft into the military or naval service, law- fully ordered, is deemed to have voluntarily relinquished and forfeited his rights of citizenship, and is for ever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof. GENERAL LAND OFFICE. The Commissioner of the General Land Office is an officer in the Depart- ment of the Interior. By and with the advice and consent of the Senate, the President appoints a surveyor- general for each of the states and ter- ritories requiring one, at salaries of 82000, 82500, or $3000, according to their respective districts. Their offices are located as the President, in view of the public convenience, may from time to time direct, except as specially provided by law. Every surveyor -general, while in the dis- charge of the duties of his office, resides in his particular district. Before entering on the duties of his office, he executes and delivers to the Secretary of the Interior a bond, with good and sufficient security, for the penal sum of 830,000, conditioned for the faithful disbursement, according GENERAL LAND OFFICE. 345 to law, of all public money placed in his hands, and for the faithful per- formance of the duties of his office. The President is authorised, whenever he may deem it expedient, to require any surveyor -general to give a new bond and additional security, under the direction of the Secretary of the Interior. The commission of every survey or -general ceases and expires, unless sooner vacated by death, resig- nation, or removal from office, in four years from date. The Secretary of the Interior takes all the necessary measures for the completion of the surveys in the several surveying dis- tricts, at the earliest periods com- patible with the purposes contem- plated by law ; and whenever the surveys and records of any district are completed, the surveyor-general thereof is required to deliver over to the secretary of state of the respec- tive states including such surveys, or to such other officer as may be author- ised to receive them, all the field-notes, maps, records, and other papers apper- taining to land-titles within the same ; and the office of surveyor-general in every such district thereafter ceases and is discontinued. In all cases where there is such turning over of papers to the state authorities, the same authority, powers, and duties in relation to the survey, resurvey, or subdivision of the lands therein, and all matters and things connected therewith, as previously exercised by the surveyor - general, are vested in and devolve upon the Commissioner of the General Land Office. Under this Commissioner's authority, any deputy-surveyor or other agent of the United States has free access to any of said papers for the purpose of taking extracts therefrom, or making copies thereof, without charge of any kind. But these papers are in no case turned over to the authorities of any state until such state has provid- ed by law for the reception and safe- keeping of them as public records, and for the allowance of free access to them by the United States authori- ties. Every surveyor-general, regis- ter, and receiver, is authorised, ex- cept where the President sees cause otherwise to determine, to continue in the uninterrupted discharge of his regular official duties after the day of expiration of his commission, and until a new commission is issued to him for the same office, or until a successor enters upon the duties of such office, and the existing official bond continues in operation so long. Every surveyor-general is authorised to engage a sufficient number of skil- ful surveyors as his deputies, and to swear them in ; also to frame regula- tions for their direction, not inconsist- ent with law or the instructions of the General Land Office ; and to re- move them for negligence or miscon- duct in office. He has to cause to be surveyed, measured, and marked, without delay, all base and meridian lines through such points, and per- petuated by such monuments, and such other correction, parallels, and meridians as may be prescribed by law, or by instructions from the General Land Office, in respect to the public lands within his district to which the Indian title is extin- guished. He has to cause to be sur- veyed all private land-claims within his district, after they have been con- firmed by authority of Congress, so far as may be necessary to complete the survey of the public lands. He has to transmit to the register of the respective land offices within his dis- trict general and particular plats of all lands surveyed by him for each land district, and to forward copies of such plats to the Commissioner of the General Land Office. He has, so far as compatible with the desk duties of his office, to occasionally inspect the surveying operations while in pro- gress in the field, sufficiently to satis- 346 PUBLIC LANDS. fy himself of the fidelity of the exe- cution of the work according to con- tract, and the actual and necessary expenses incurred by him while so engaged are allowed, but no extra salary. Where it is incompatible with his other duties for a surveyor- general to make such inspection, he is authorised to depute a confidential agent to make such examination, his expenses to be allowed and $5 a-day during the examination in the field ; but such examination is not to out- last thirty days, or be longer than actually necessary. Official seals are used by surveyors-general ; and copies of or extracts from the plats, field- notes, records, or other papers on file, when authenticated by the seal and signature of the proper surveyor- general, are evidence in all cases in which the original would be evidence. Certified copies of Louisianian plats and records, without the seal, are ad- mitted as evidence in all the courts of the United States and territories. By and with the advice and consent of the Senate, the President appoints a register of the land office and a receiver of public moneys for each land district established by law, each of whom resides at the place where his land office is directed by law to be kept. Before entering on office, each has to give bond in the penal sum of $10,000, with approved se- curity for the faithful discharge of his trust, and each gets an annual salary of $500, besides certain fees and commissions which may amount to a considerable annual sum ; but the amount of compensations of regis- ters and receivers, including salary, fees, and commissions, is in no case to exceed in the aggregate 3000 each per annum any excess received at a land office having to be paid into the Treasury as other public moneys. Their appointment is for four years, but they are removable at pleasure. The receivers make to the Secretary of the Treasury monthly returns of the moneys received in their several offices, and pay over such money pur- suant to his instructions. They also make to the Commissioner of the General Land Office like monthly re- turns, and transmit to him quarterly accounts current of the debits and credits of their several offices with the United States. The register or receiver is authorised, and it is their duty, to administer any oaths re- quired by law or the instructions of the General Land Office in connection with the entry or purchase of any tract of the public lands ; but he shall not charge or receive, directly or indirectly, any compensation for administering such oaths. If any person applies to any register to enter any land whatever, and the register knowingly and falsely informs such person that the same has already been entered, and refuses to permit him to enter the same, such register is liable therefor, to such person applying, for $5 for each acre of land which the person so applying offered to enter, to be recovered by action of debt in any court of record having jurisdic- tion of the amount. PUBLIC LANDS. All lands belonging to the United States to which the Indian title has been or may hereafter be extin- guished, are subject to the right of pre-emption, under the conditions, restrictions, and stipulations pro- vided by law, except (1) lands in- cluded in any reservation by any treaty, law, or proclamation of the President for any purpose ; (2) lands included within the limits of any incorporated town, or selected as the PUBLIC LANDS. 347 site of a city or town ; (3) lands actually settled and occupied for purposes of trade and business, and not for agriculture ; (4) lands on which are situated any known salines or mines. Every person being the head of a family, or widow, or single person over the age of twenty-one years, and a citizen of the United States, or having filed a declaration of intention to become such, as re- quired by the naturalisation laws, who has made a settlement in person on the public lands subject to pre- emption, and who inhabits and im- proves the same, and who has erected a dwelling thereon, is authorised to enter with the register of the land office for the district in which such land lies, by legal subdivisions, any number of acres not exceeding 160, or a quarter section of land, to in- clude the residence of each claimant, upon paying to the United States the minimum price of such land. The following classes of persons, unless otherwise specially provided for by laws, have no right of pre-emption : (1) No person who is the proprietor of 320 acres of land in any state or territory ; (2) No person who quits or abandons his residence on his own land to reside on the public lands in the same state or territory. No person is entitled to more than one pre-emptive right ; nor where a party has filed his declaration of intention to claim the benefits of such pro- visions for one tract of land shall he file at any future time a second de- claration for another tract. Before any person is allowed to enter lands, he has to make oath before the re- ceiver or register of the land-district in which the land is situated that he has never had the benefit of any right of pre-emption ; that he is not the owner of 320 acres of land in any state or territory ; that he has not settled upon and improved such land to sell the same on speculation, but in good faith to appropriate it to his own exclusive use ; and that he has not, directly or indirectly, made any agreement or contract in any way or manner with any person whatsoever by which the title which he might acquire should inure in whole or in part to the benefit of any person except himself. Should he swear falsely, he forfeits what money he may have paid for such land, and all right and title to the same ; and any grants and convey- ances he may have made, except in the hands of bonafide, purchasers for a valuable consideration, are null and void, except as provided by law. He is also guilty of perjury, and punish- able accordingly. The would-be pre- emptor has to comply with certain provisions of the law, varying accord- ing to circumstances. Every person who is the head of a family, or who has arrived at the age of twenty -one years, and is a citizen of the United States, or who has filed his declaration of intention to become such, as required by the naturalisation laws, is entitled to enter one quarter section or a less quantity of unappropriated public lands upon which such person may have filed a pre-emption claim, or which may, at the time the applica- tion is made, be subject to pre- emption at $1.25 per acre, or 80 acres or less of such unappropriated lands at $2. 50 per acre, to be located in a body, in conformity to the legal subdivisions of the public lands, and after the same have been surveyed. And every person owning and re- siding on such land may enter other land lying contiguous to his land which does not, with the land so already owned and occupied, exceed in the aggregate 160 acres. The person applying for such benefit, upon application to the register of the land-office in which he is about to make such entry, makes affidavit 348 PUBLIC LANDS. before the register or receiver that he is the head of a family, or is twenty-one years or more of age, or has performed service in the Army or Navy of the United States, and that such application is made for the purpose of actual settlement and cultivation, and not directly or in- directly for the use or benefit of any other person ; and upon filing such affidavit with the register or receiver, on payment of $5 when the entry is of not more than 80 acres, and on payment of $10 when the entry is for more than 80 acres, he is there- upon permitted to enter the amount of land specified. No certificate, however, is given, or patent issued therefor, until the expiration of five years from the date of such entry ; and if at the expiration of such time, or at any time within two years thereafter, the person making such entry, or, if he be dead, his widow, or, in case of her death, his heirs or devisee ; or, in case of a widow making such entry, her heirs or devisee, in case of her death, prove by two credible witnesses that he, she, or they have resided upon or culti- vated the same for the term of five years immediately succeeding the time of filing the affidavit, and make affidavit that no part of such land has been alienated, except as provided by law ; and that he, she, or they will bear true allegiance to the Government of the United States ; then in such case he, she, or they, if at that time citizens of the United States, are entitled to a patent as in other cases provided by law. In case of the death of both father and mother, leaving an infant child or children under twenty-one years of age, the right and fee inure to the benefit of such child or children ; and the executor, administrator, or guard- ian may, at any time within two years after the death of the surviving parent, and in accordance with the laws of the state in which such children for the time being have their domicile, sell the land for the benefit of such infants, but for no other purpose ; and the purchaser acquires the absolute title by the purchase, and is entitled to a patent from the United States on the pay- ment of the office fees and sum of money above specified. No lands so acquired become in any event liable to the satisfaction of any debt con- tracted prior to the issuing of the patent. If at any time after the filing of the affidavit, and before the expiration of the five years, it is proved, after due notice to the settler, to the satisfaction of the register of the land office, that the person having filed such affidavit has actually changed his residence or abandoned the land for more than six months at any time, then and in that event the land so entered reverts to the Government. No person is permitted to acquire thus title to more than one quarter section ; and these homestead provisions are not construed to impair or interfere in any manner with existing pre-emption rights. All mineral lands are ex- cepted from the homestead law. By the laws of June 14, 1878, any person who has made a settle- ment on the public lands under the pre-emption laws, and has subsequent to such settlement changed his fil- ing, in pursuance of law, to that for a homestead entry upon the same tract of land, is entitled, subject to all the provisions of law relating to homesteads, to have the time re- quired to perfect his title under the homestead law computed from the date of his original settlement under the pre-emption laws. And by the laws of May 14, 1880, any settler who has settled, or may settle, on any of the United States public lands, whether surveyed or unsur- veyed, with the intention of claim- PUBLIC LANDS. 349 ing the same under the homestead laws, is allowed the same time to file his homestead application, and perfect his original entry in the United States land office, as is al- lowed to settlers under the pre-emp- tion laws to put their claims on record, and his right dates back to the date of settlement, as if he set- tled under the pre-emption laws. Every person having a homestead on the public domain who, at the end of the third year of his resi- dence, has had under cultivation for two years 1 acre of timber, the trees thereon not being more than 12 feet apart each way, and in a good thriving condition, for each and every 16 acres of such homestead, upon due proof of the fact by two credible witnesses, receives his patent for such homestead. Any person who is the head of a family, or who has arrived at the age of twenty-one years, and is --a citizen of the United States, or who has filed his declaration of intention to become such, as required by the naturalisation laws of the United States, who plants, protects, and keeps in a healthy growing condi- tion for eight years 10 acres of tim- ber on any quarter section of any of the public lands of the United States, or 5 acres on any legal subdivision of 80 acres, or 2^ acres on any legal subdivision of 40 acres or less, is entitled to a patent for the whole of said quarter section, or of such legal subdivision of 80 or 40 acres, or fractional subdivision of less than 40 acres, as the case may be, at the expiration of said eight years, on making proof of such fact by not less than two credible witnesses, and a full compliance of the further conditions as prescribed by law ; but not more than one quarter of any section is thus granted, and no person can make more than one entry under the provisions of the law. The party applying for these bene- fits, under " An Act to amend an Act entitled ' An Act to encourage the growth of timber on the western prairies'" (laws of June 14, 1878), makes affidavit, before the register or the receiver or the clerk of some court of record or officer au- thorised to administer oaths in the district where the land is situated, in a prescribed form in which, inter alia, he swears that the section of land specified in his application is com- posed exclusively of prairie lands or other lands devoid of timber ; that this filing and entry is made for the cultivation of timber, and for his own exclusive use and benefit ; that he has made the said application in good faith, and not for the purpose of speculation, or directly or indi- rectly for the use or benefit of any other person ; that he intends to hold and cultivate the land, and to fully comply with the provisions of this said Act, &c. Upon filing this affi- davit with said register and said re- ceiver, and on payment of $10, if the tract applied for exceeds 80 acres, and $5, if it is 80 acres or less, he or she is thereupon permitted to enter the quantity of land specified. The party making an entry of a quarter section is required to break or plough 5 acres covered thereby the first year, 5 acres the second year, and to culti- vate to crop or otherwise the 5 acres broken or ploughed the first year ; the third year he or she cultivates to crop or otherwise the 5 acres broken the second year, and to plant in timber, seeds, or cuttings, the 5 acres first broken or ploughed, and to culti- vate and put in crop or otherwise the remaining 5 acres ; and the fourth year to plant in timber, seed, or cut- tings the remaining 5 acres. All entries of less quantity than one quarter section shall be ploughed, planted, cultivated, and planted to trees, tree-seeds, or cuttings in the 350 PUBLIC LANDS. same manner and in the same pro- portion as provided for a quarter section. When the trees, seeds, or cuttings are destroyed by grasshop- pers, or by extreme and unusual drought, for any year or term of years, the time for planting them is extend- ed one year for every such year that they are so destroyed ; but the person making the entry, before being en- titled to such extension of time, has to file with the register and the receiver of the proper land office an affidavit, corroborated by two witnesses, setting forth the destruc- tion of such trees, and that in conse- quence thereof he or she is compelled to ask an extension of time. No final certificate is given, or patent issued, for the land so entered until the ex- piration of eight years from the date of such entry. If, at the expiration of such time, or at any time within five years thereafter, the person mak- ing such entry, or, if he or she be dead, his or her heirs or legal repre- sentatives, prove by two credible wit- nesses that he or she or they have planted, and for not less than eight years have cultivated and protected, such quantity and character of trees as aforesaid ; that not less than 2700 trees were planted on each acre, and that at the time of making such proof there are then growing at least 675 living and thriving trees to each acre, they receive a patent for such tract of land. If at any time after the filing of said affidavit, and prior to the issuing of the patent for said land, the claimant fails to comply with any of the requirements of the Act, then and in that event such land is subject to entry under the home- stead laws, or by some other person under the provisions of said Act, pro- vided that the party making claim to said land, either as a homestead or under said Act, gives at the time of filing his application such notice to the original claimant as is prescribed by the rules established by the Com- missioner of the General Land Office ; and the rights of the parties are de- termined as in other contested cases. No land acquired under the provi- sions of this Act becomes in any event liable to the satisfaction of any debt or debts contracted prior to the issuing of the final certificate therefor. The Commissioner of the General Land Office is by the Act required to prepare and issue such rules and regulations, consistent with the Act, as are necessary and proper to carry its provisions into effect. Registers and receivers of the seve- ral land offices are each entitled to receive $2 at the time of entry, and the like sum when the claim is finally established and the final certificate issued. The President of the United States, in his annual message to Congress in 1886, stated, in relation to the laws as to the public lands, that " In later years these laws, through vicious administrative methods and under changed conditions of communication and transportation, have been so evaded and violated that their benefi- cent purpose is threatened with en- tire defeat. The methods of such evasions and violations are set forth in detail in the reports of the Secre- tary of the Interior and Commissioner of the General Land Office. The rapid appropriation of our public lands without bond fide settlements or cultivation, and not only without intention of residence, but for the purpose of their aggregation in large holdings, in many cases in the hands of foreigners, invites the serious and immediate attention of Congress. I recommend the repeal of the Pre- emption and Timber - culture Acts, and that the homestead laws be so amended as to better secure com- pliance with their requirements of residence, improvement, and cultiva- tion for the period of five years from PUBLIC LANDS. 351 date of entry, without commutation or provision for speculative relin- quishment. I also recommend the repeal of the desert-land laws, un- less it shall be the pleasure of the Congress to so amend these laws as to render them less liable to abuses. As a chief motive for an evasion of the laws, and the principal cause of their result in land accumulation instead of land distribution, is the facility with which transfers are made of the right intended to be secured to settlers, it may be deemed advisable to provide by legislation some guards and checks upon the alienation of homestead rights and lands covered thereby until patents issue. " Chap. 149 of the laws of 1885 declared that all inclosures of any public lands in any state or territory of the United States, made by any person, party, association, or cor- poration having to any of -such en- closed land no claim or colour of title made or acquired in good faith, or an asserted right thereto by or under claim made in good faith, with a view to entry thereof at the proper land office under the general laws of the United States at the time such inclosure was or should be made, ' ' are unlawful, and the maintenance, erection, construction, or control of any such inclosure is hereby forbidden and prohibited ; and the assertion of a right to the exclusive use and occupancy of any part of the public lands of the United States, in any state or any of the territories of the United States, with- out claim, colour of title, or asserted right as above specified as to inclos- ure, is likewise declared unlawful, and hereby prohibited ; " and it was by sec. 3 enacted, " that no person, by force, threats, intimidation, or by any fencing or inclosing or any other unlawful means, shall prevent or obstruct, or shall combine and confederate with others to prevent or obstruct, any person from peace- ably entering upon or establishing a settlement or residence on any tract of public land, subject to settlement or entry under the public land laws of the United States, or shall pre- vent or obstruct free passage or tran- sit over or through the public lands ; provided this section shall not be held to affect the right or title of persons who have gone upon, im- proved, or occupied said lands, un- der the land laws of the United States, claiming title thereto in good faith." The President was author- ised to take the necessary measures to remove and destroy any unlawful inclosure of any of said lands, and to employ civil or military force as may be necessary for that purpose. Sec. 6 enacted that where the alleged unlawful inclosure includes less than 160 acres of land, no suit shall be brought under the provisions of this Act without authority from the Sec- retary of the Interior. In all cases lands valuable for minerals are reserved from sale, ex- cept as otherwise expressly directed by law. All valuable mineral de- posits in lands belonging to the United States, both surveyed and unsurveyed, are free and open to ex- ploration and purchase, and the lands in which they are found to occupa- tion and purchase, by citizens of the United States, and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts of the United States. A mining claim, whether located by one or more persons, may equal, but shall not exceed, 1500 feet in length along the vein or lode within the limits of the claim located. No claim shall extend more than 300 feet on each side of the middle of the vein at the surface, nor shall any 352 PUBLIC LANDS. claim be limited by any mining regu- lation to less than 25 feet on each side of the middle of the vein at the surface. The end lines of each claim shall be parallel to each other. The locators of all mining locations on any mineral vein, lode, or ledge situated on the public domain, their heirs and assigns, so long as they comply with the laws of the United States, and with state, territorial, and local regu- lations not in conflict with the laws of the United States governing their possessory title, have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges, throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, al- though such veins, lodes, or ledges may so far depart from a perpendicu- lar in their course downward as to extend outside the vertical side lines of such surface locations. But their right of possession to such outside parts of siich veins or ledges is con- fined to such portions thereof as lie between vertical planes drawn down- ward, as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such ex- terior parts of such veins or ledges. This does not authorise the locator or possessor of a vein or ledge, which extends in its downward course be- yond the vertical lines of his claim, to enter upon the surface of a claim owned or possessed by another. Where a tunnel is run for the de- velopment of a vein or lode, or for the discovery of mines, the owners of such tunnel have the right of pos- session of all veins or lodes within 3000 feet from the face of such tun- nel on the line thereof not previously known to exist discovered in such tunnel, to the same extent as if dis- covered from the surface ; and loca- tions on the line of such tunnel of veins or lodes not appearing on the surface, made by other parties after the commencement of the tunnel, and while the same is being prosecuted with reasonable diligence, are in- valid ; but failure to prosecute the work on the tunnel for six months is considered as an abandonment of the right to all undiscovered veins on the line of such tunnel. The miners of each mining district may make regu- lations not in conflict with the laws of the United States, or with the laws of the state or territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold possession of a mining claim subject to certain requirements, one of them being that on each claim located, and until a patent has been issued therefor, not less than $100 worth of labour shall be performed, or improvements made during each year, which shall com- mence on the 1st day of January. The patents for any land claimed and located are issued to any person, association, or corporation authorised to locate a claim in the manner pre- scribed by law. Claims, usually called " placers," including all forms of deposits, ex- cepting veins of quartz or other rock in place, are subject to entry and patent under like circumstances and conditions, and upon similar proceed- ings as are provided for vein or lode claims ; but where the lands have been previously surveyed by the United States, the entry, in its ex- terior limits, conforms to the legal subdivisions of the public lands. Legal subdivisions of 40 acres may be subdivided into 10 -acre tracts, and two or more persons, or associa- tions of persons, having contiguous claims of any size, although such claims may be less than 10 acres each, may make joint entry thereof ; but no location of a placer claim PUBLIC LANDS. 353 exceeds 160 acres for any one person or association of persons, and it con- forms to the United States surveys. This enactment does not defeat or impair any bond fide, pre-emption or homestead claim upon agricultural lands, or authorise the sale of the improvements of any boncljide settler to any purchaser. Where placer claims are upon surveyed lands and conform to legal subdivisions, no further survey or plat is required, and all placer mining claims conform, as near as practicable, with the United States system of land surveys, and the rectangular subdivisions of such surveys, and no such location includes more than 20 acres for each individual claimant ; but where placer claims cannot be conformed to legal subdivisions, survey and plat are made as on unsurveyed lands ; and where, by the segregation of mineral lands in any legal subdivision, a quantity of agricultural land-less than 40 acres remains, such fractional por- tion of agricultural land may be en- tered by any party qualified by law for homestead or pre-emption pur- poses. Every person above the age of twenty-one years who is a citizen of the United States, or who has de- clared his intention to become such, or any association of persons sever- ally qualified as above, upon applica- tion to the register of the proper land office, has the right to enter by legal subdivisions any quantity of vacant coal-lands of the United States not otherwise appropriated or reserved by competent authority, not exceed- ing 160 acres to such individual per- son, or 320 acres to such association, upon payment to the receiver of not less than $10 per acre for such lands, where the same are situated more than 15 miles from any completed railroad, and not less than $20 per acre for such lands as are within 15 miles of such road. An associ- ation of not less than four persons, severally qualified as stated, which has opened and improved and ex- pended not less than $5000 in work- ing and improving any mine or mines upon the public lands, and is in actual possession of the same, may enter not exceeding 640 acres, includ- ing such mining improvements. The public lands are divided by north and south lines, run according to the true meridian, and by others crossing them at right angles, so as to form townships of six miles square, unless where the line of an Indian reservation, or of tracts of land pre- viously surveyed or patented, or the course of navigable rivers, render this impracticable ; and in that case, this rule is departed from no further than such particular circumstances require. The corners of townships are marked with progressive num- bers from the beginning ; each of the distances of a mile between such cor- ners is also distinctly marked with marks different from those of the corners. The township is subdivided into sections, containing as nearly as may be 640 acres each, by running through the same, each way, parallel lines at the end of every two miles ; and by making a corner on each of such lines at the end of every mile. The sections are numbered respec- tively, beginning with number one in the north-east section, and proceed- ing west and east alternately through the township with progressive num- bers till the thirty-six are completed. On a tree near each corner estab- lished in the manner described, and within the section, is marked the number of such section, and over it the number of the township within which the section is. Where the ex- terior lines of the townships which may be subdivided into sections or half - sections exceed or do not ex- tend six miles, the excess or defi- ciency is added to or deducted from 354 PUBLIC LANDS. the western and northern ranges of sections or half-sections in such town- ship, according as the error may be in running the lines from east to west, or from north to south. The sections and half - sections bounded on the northern and western lines of such townships are sold as containing only the quantity expressed in the returns and plats respectively, and all others as containing the complete legal quantity. All lines are plainly marked on trees, and measured with chains of standard length. Every surveyor notes in his field-book the true situations of all mines, salt-licks, salt - springs, and mill - seats which come to his knowledge ; all water- courses over which the line he runs may pass ; and also the quality of the land. These field-books are re- turned to the surveyor-general, who causes therefrom a description of the whole land surveyed to be made out and transmitted to the officers who superintend the sales. He also causes a fair plat to be made of the townships and fractional parts of townships contained in the lands, describing the subdivisions thereof, and the marks of the corners. This plat is recorded in books kept for that purpose ; and a copy thereof is kept open at the surveyor-general's office for public information, and other copies are sent to the places of the sale and to the General Land Office. The boundaries and contents of the several sections, half-sections, and quarter-sections are ascertained thus ; (1) All the corners marked in the surveys are established as the proper corners of sections or subdivi- sions of sections which they are in- tended to designate ; and the cor- ners of half and quarter sections not marked on the surveys are placed as nearly as possible equidistant from two corners which stand on the same line. (2) The boundary-lines actually run and marked on the surveys are established as the proper boundary- lines of the sections or subdivisions for which they were intended, and the lengths of such lines, as returned, are held and considered as the true lines thereof. And the boundary - lines not actually run and marked are ascertained by running straight lines from the established corners to the opposite corresponding corners ; but in those portions of the fraction- al townships where no such opposite corresponding corners have been or can be fixed, the boundary-lines are ascertained by running from the established corners due north and south, or east and west lines, as the case may be, to the water - course, Indian boundary-line, or other exter- nal boundary of such fractional town- ship. (3) Each section or subdivision of section, the contents whereof have been returned by the surveyor-gen- eral, are held and considered as con- taining the exact quantity expressed in such return ; and the half-sections and quarter - sections, the contents whereof have not been thus returned, are held and considered as containing the one-half or the one-fourth part respectively of the returned contents of the section of which they may make part. In every case of the division of a quarter - section, the lines for the division thereof run north and south, or east and west respectively. Fractional sections, con- taining fewer or more than 160 acres, are in like manner, as nearly as may be practicable, subdivided into quar- ter - sections, under such rules and regulations as are prescribed by the Secretary of the Interior. The set- tlers in any township, not mineral or reserved by Government, can have a survey made of the same under the authority of the surveyor - general, by filing an application therefor in writing, depositing in a proper United States depository to the credit of the United States a sum PUBLIC LANDS. 355 sufficient to pay for such survey, and otherwise complying with special re- quirements. This deposit goes in part payment for their lands situated in the township, the surveying of which is paid for out of such depos- its. There is no further geological survey by the Government, unless authorised by law. The public sur- veys extend over all mineral lands ; and all subdividing of surveyed lands into lots less than 160 acres may be done by county and local surveyors at the expense of claimants ; but this does not require the survey of waste or useless lands. Whenever the President deems a departure from the ordinary method of surveying lands, or any river, lake, bayou, or water-course, would promote the pub- lic interest, he may direct the Sur- veyor-General of the district to cause the lands thus situated to be sur- veyed in tracts of two acres in width, fronting on any river, bayou, lake, or water - course, and running back the depth of 40 acres ; which tracts are offered for sale entire, instead of in half -quarter -sections, and in the usual manner, and on the same terms in all respects, as the other public lands of the United States. In Ne- vada, the Secretary of the Interior may vary the lines of the subdivi- sions from a rectangular form to suit the circumstances of the country. In Oregon and California the geodetic method may be used in accordance with the terms prescribed by the Commissioner of the General Land Office ; but none other than township lines are so rvin when the land is un- fit for cultivation. In California, the Secretary of the Interior may author- ise a departure from the rectangular mode of surveying and subdividing the public lands. All the public lands, when offered at public sale to the highest bidder, are offered in half-quarter-sections. At private sale they may be pur- chased, at the option of the pur- chaser, in entire sections, half-sec- tions, quarter-sections, half-quarter- sections, or quarter-quarter-sections. Every person making application at any of the land offices of the United States for the purchase at private sale of a tract of land has to produce to the register a memorandum in writing describing the tract, which he enters by the proper number of the section, half - section, quarter- section, half-quarter-section, or quar- ter-quarter-section, as the case may be, and of the township and range, subscribing his name thereto, which memorandum the register files and preserves in his office. Credit is not allowed for the purchase - money. Every purchaser of land sold at pub- lic sale has, on the day of purchase, to make complete payment therefor, and the purchaser at private sale has to produce to the register of the land office a receipt from the Treasurer of the United States, or from the re- ceiver of public moneys of the dis- trict, for the amount of the purchase- money on any tract before he enters the same at the land office. Should a purchaser at public sale fail to make payment on the day of pur- chase, the tract is offered again at public sale on the next day of sale, and the defaulting bidder cannot be- come the purchaser of that or any other tract offered at such public sales. Public lands are offered at $1.25 per acre, and no land is sold publicly or privately for less ; but the price to be paid for alternate reserved lands along the line of rail- roads within the limits granted by any Act of Congress is 82.50 per acre. Public lands exposed to public sale are advertised for not less than three nor more than six months prior to the day of sale, unless otherwise specially provided. The public sales are respectively kept open for two weeks and no longer, unless other- 356 PUBLIC LANDS. wise specially provided by law. Sev- eral certificates may be issued to two or more purchasers of the same section who wish it divided. When two or more persons apply privately for the same tract at the same time, the register offers the tract to the highest bidder. In no case can more than three sections of public lands be entered at private entry in any one township by scrip issued to any state under the Act, approved July 2, 1862, for the establishment of an agricultural college therein. There is granted for purposes of in- ternal improvement to each new state admitted into the Union, upon such admission, as much public land as, including the quantity granted before admission and while under a terri- torial government, makes 500,000 acres. The selections of this land are made within the limits of each state so admitted into the Union, in such manner as the legislature there- of respectively may direct, located in parcels conformably to sectional divisions and subdivisions of not less than 320 acres in any one location, on any public land not reserved from sale by law of Congress or by pro- clamation of the President. The President is authorised to re- serve from the public lands, whether surveyed or unsurveyed, town sites on the shores of harbours, at the junction of rivers, important port- ages, or any natural or prospective centres of population. It is the duty of the Secretary of the Interior, when the President desires it, to cause any of such reservations, or part thereof, to be surveyed into urban or suburban lots of suitable size, and to fix by appraisement of disinterested persons their cash value, and to offer the same for sale at public outcry to the highest bidder, and thence afterward to be held subject to sale at private entry according to regulations. But no lot is disposed of at public sale or private entry for less than the ap- praised value thereof. All such sales are conducted by the register and re- ceiver of the land office in the dis- trict in which the reservations are situated, in accordance with the in- structions of the Commissioner of the General Land Office. In case any parties having already founded, or desiring to found, a city or town on the public lands, the President may, certain formalities and requirements having been satisfied by said parties, cause the lots embraced within the limits of such city or town to be offered at public sale to the highest bidder, subject to a minimum of $10 for each lot ; and such lots as may not be disposed of at public sale are thereafter liable to private entry at such minimum, or at such reasonable increase or diminution thereafter, as the Secretary of the Interior may order from time to time after at least three months' notice, in view of the increase or decrease in the value of the municipal property. But any actual settler upon any one lot, and upon any additional lot in which he has substantial improvements, is en- titled to prove up and purchase the same as a pre-emption at such mini- i mum, at any time before the day fixed for the public sale. Whenever any portion of the public lands has been settled upon and occupied as a town site, not subject to entry under the agricultural pre-emption laws, it is lawful, in case such town be incor- porated, for the corporate authorities thereof, and if not incorporated, for the judge of the county court for the county in which such town is sit- uated, to enter at the proper land office and at the minimum price the land so settled and occupied in trust for the several use and benefit of the occupants thereof, according to their respective interests. The ensuing sale is conducted under such regula- tions as are prescribed by the legis- PUBLIC LANDS. 357 lative authority of the state or terri- tory. If upon surveyed lands, the entry is in its exterior limit made in conformity to the legal subdivisions of the public lands authorised by law, and where the inhabitants are in number 100 and less than 200, embraces not exceeding 320 acres ; where 200 and less than 1000, not exceeding 640 acres ; and where 1000 and over, not exceeding 1280 ; but for each additional 1000 inhabitants, not exceeding 5000 in all, a further grant of 320 acres is allowed. The Secretary of the Navy is au- thorised, under the direction of the President, to cause such vacant and unappropriated lands of the United States as produce the live-oak and red-cedar timbers to be explored, and selection to be made of such tracts or portions thereof where the principal growth is of either of such timbers as is in his judgment necessary to furnish for the Navy a sufficient sup- ply of the same. The President ap- points surveyors of public lands to perform the duties, and report to him the tracts by them selected, with the boundaries ascertained and actu- ally designated by actual survey or water-courses ; and the tracts of land thus selected, with the approbation of the President, are reserved, unless otherwise directed by law, from any future sale of the public lands, and are appropriated to the sole purpose of supplying timber for the Navy of the United States ; but this is not construed to prejudice the prior rights of any person claiming such reserved lands. It is the duty of all collectors of the customs within the States of Alabama, Mississippi, Louisiana, and Florida, before allowing a clearance to any vessel laden in whole or in part with live-oak timber, to ascer- tain satisfactorily that such timber was cut from private lands, or if from public ones, by consent of the Navy Department. And it is also the duty of all officers of customs to cause prosecutions to be seasonably insti- tuted against all persons known to be guilty of depredations on or in- juries to the live-oak on the public lands. Informers get one - half of all penalties and forfeitures recov- ered. The tract of land in the Territories of Montana and Wyoming lying near the headquarters of the Yellowstone river, and described as follows to wit, commencing at the junction of Gardiner's river with the Yellowstone river, and running east to the meri- dian passing 10 miles to the eastward of the most eastern point of Yellow- stone Lake ; thence south along said meridian to the parallel of latitude passing 10 miles south of the most southern point of Yellowstone Lake ; thence west along said parallel to the meridian passing 15 miles west of the most western point of Madison Lake ; thence north along said meridian to the latitude of the junction of the Yellowstone and Gardiner's rivers ; thence east to the place of beginning, is reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and dedicated and set apart as a public park or pleasuring-ground for the benefit and enjoyment of the people ; and all persons who locate or settle upon or occupy any part of the lands thus set apart as a public park, ex- cept as after stated, are considered trespassers, and removed therefrom. The park is under the exclusive con- trol of the Secretary of the Interior, whose duty it is to make and publish necessary and proper regulations for its care and management. These regulations provide for the preserva- tion from injury or spoliation of all timber, mineral deposits, natural curiosities, or wonders within the park, and their retention in their natural condition. The Secretary may, in his discretion, grant leases 358 DISTRICT OF COLUMBIA. for building purposes, for terms not exceeding ten years, of small parcels of ground at such places in the park as may require the erection of build- ings for the accommodation of visi- tors. All other proceeds of such leases, and all other revenues derived from any source connected with the park, are expended under his direc- tion in the management of the same, and the construction of roads and bridle-paths therein. He provides against the wanton destruction of the fish and game found within the park, and against their capture or destruc- tion for the purpose of merchandise or profit. He also causes all persons trespassing upon the same to be re- moved therefrom, and generally takes all such measures as are necessary or proper to fully carry out the objects and purposes of the law. All navigable rivers within the territory occupied by the public lands remain and are deemed public highways ; and in all cases where the opposite banks of any streams not navigable belong to different persons, the stream and the bed thereof be- come common to both. The right of way for the construction of highways over public lands not reserved for public uses is granted. To enable the several states (but not including Kansas, Nebraska, and Nevada) to construct the necessary levees and drains to reclaim the swamp and overflowed lands therein, the whole of the swamp and over- flowed lands made unfit thereby for cultivation, and remaining unsold on or after the 28th day of September 1850, was granted and belonged to the several states respectively in which said lands were situated ; but said grant as to the States of Cali- fornia, Minnesota, and Oregon, was subject to certain limitations, restric- tions, and conditions. Patents were issued conveying to said states the fee - simple. The proceeds of said land, whether from sale or by direct appropriation in kind, are applied exclusively, so far as necessary, to the reclaiming said lands by means of levees and drains. DISTRICT OF COLUMBIA. By sees. 1795 and 1796 of the United States Revised Statutes, which referred to the Act of Con- gress of 16th July 1790, "all that part of the territory of the United States included within the present limits of the District of Columbia shall be the permanent seat of Gov- ernment of the United States," and "all offices attached to the seat of Government shall be exercised in the District of Columbia, and not else- where, except as otherwise expressly provided by law ; " and by the Act of llth June 1878, which does not transfer from the United States au- thorities any of the public works within the District of Columbia then in the control or supervision of said authorities, "all the territory which was ceded by the State of Maryland to the Congress of the United States, for the permanent seat of the Gov- ernment of the United States, shall continue to be designated as the Dis- trict of Columbia," and " shall re- main and continue a municipal cor- poration ;" and "the commissioners herein provided for shall be deemed and taken as officers of such corpo- ration. " The President of the United States, by and with the advice and consent of the Senate, appoints two persons who, with an officer of the corps of engineers of the United States Army, whose lineal rank is above that of captain, are the commissioners of the DISTRICT OF COLUMBIA. 359 District of Columbia. The commis- sioner detailed from time to time from the corps of engineers to per- form the duties of commissioner is not required to perform any other, and does not receive any other com- pensation than his regular pay and allowances as an officer of the Army. The two other commissioners are ap- pointed from civil life, and must be citizens of the United States, and have been actual residents of the District of Columbia for three years next before their appointment, and during that time have claimed resi- dence nowhere else. One of the three is chosen president of the board of commissioners annually, and when- ever a vacancy occurs. Each, be- fore entering upon the discharge of his duties, takes an oath or affirma- tion to support the Constitution of the United States, and to faithfully discharge his official duties. The two civilian commissioners ""each re- ceive a salary of $5000 per annum, and have each to give bond in the sum of 50,000, with surety as re- quired by law. The official term of the civilian commissioners respec- tively is three years, and until their successors are appointed and quali- fied. The commissioners have ample powers ; but, in the exercise of their duties, powers, and authority, make no contract nor incur any obligation other than such contracts and obliga- tions as are provided for by law and are approved by Congress. The commissioners submit to the Secretary of the Treasury for the fiscal year annually, for his examination and approval, a statement showing in detail the work proposed to be undertaken by them during the fiscal year next ensuing, and the estimated cost thereof. Also the cost of constructing, re- pairing, and maintaining all bridges authorised by law across the Potomac river within the District of Colum- bia, and also all other streams in the district. The cost of maintaining all public institutions of charity, reformatories, and prisons belonging to or controlled wholly or in part by the district, and supported wholly or in part by the United States or district. And also the expenses of the Wash- ington Aqueduct and its appurten- ances. And also an itemised statement and estimate of the amount neces- sary to defray the expenses of the government of the District of Colum- bia for the next fiscal year. The Secretary of the Treasury carefully considers all estimates sub- mitted to him, and approves, dis- approves, or suggests such changes in the same, or any item thereof, as he thinks the public interest de- mands ; and after he has considered and passed upon such estimates sub- mitted to him, he causes to be made a statement of the amount approved by him, and the fund or purpose to which each item belongs ; and it is certified by him and delivered, to- gether with the estimates as origin- ally submitted, to the commissioners of the District of Columbia, who transmit the same to Congress. To the extent to which Congress ap- proves of said estimates, Congress appropriates the amount of 50 per cent thereof ; and the remaining 50 per cent is levied and assessed upon the taxable property and privi- leges in the District of Columbia, other than the property of the United States and of the district. The rate of taxation in any one year is not to exceed $1.50 on every $100 of real estate not exempted by law ; and on personal property not tax- able elsewhere, $1.50 on every $100, according to the cash valuation there- of. Upon real property held and used exclusively for agricultural pur- poses, without the limits of the cities DISTRICT OF COLUMBIA. of Washington and Georgetown, and to be so designated by the assessors in their annual returns, the rate for any one year is not to exceed $1 on every $100. All taxes collected are paid into the Treasury of the United States, and are, as well as the appropriations made by Congress, disbursed for the expenses of the district on itemised vouchers, which have been audited and approved by the auditor of the District of Columbia, certified by the commissioners, or a majority of them. The accounts of the commissioners and the tax-collectors and all other officers required to account, are set- tled and adjusted by the accounting officers of the Treasury Department of the United States. The Secretary of the Treasury pays the interest on the 365 bonds of the District of Columbia, issued in pursuance of the Act of Congress approved June 20, 1874, when the same becomes due and payable, and all amounts so paid are credited as a part of the appro- priation for the year by the United States toward the expenses of the District of Columbia. There is to be 110 increase of the amount of the total indebtedness of the district as at the date of said Act of 1878. The offices of sinking fund commis- sioners were abolished, and the Treasurer of the United States now performs the duties of these com- missioners, in accordance with the provisions of law. It is the duty of the Commissioners of the District of Columbia to annu- ally report their official doings in detail to Congress, on or before the first Monday of December. The supreme court of the District of Columbia consists of a chief- justice (salary, $4500) and five as- sociate judges (salary, $4000 each), and there is a district attorney. Two of the justices, sitting at general term, constitute a quorum for the transaction of business ; and when the two are divided in opinion, the same is noted upon the minutes of the court, and thereupon and within four days thereafter either party in such cause may file with the clerk of the court a motion in writing to have such cause argued before three or more justices. No justice sits in general term to hear an appeal from any judgment or decree or order which he has rendered at the special term. The general term may order two terms of the cir- cuit court to be held at the same time, whenever in their judgment the business therein requires it. The final jiidgment or decree of the supreme court in any case where the matter in dispute, ex- clusive of costs, exceeds the value of $2500, may be re-examined and reversed or affirmed in the Supreme Court of the United States, upon writ of error or appeal, in the same manner, and under the same regula- tions, as are provided in cases of writs of error on judgments, or appeals from decrees, rendered in a circuit court. Any justice of the supreme court holding a term of the cir- cuit court for the District of Col- umbia, may hold sittings for the trial of such criminal cases depend- ing in the criminal court as the justice presiding therein may assign for that purpose, and may employ the petit juries drawn for such cir- cuit court ; and such sittings may be held during the regular sessions of the criminal court or in the recess thereof during the term of such cir- cuit court, and the business done at such sittings is recorded in the min- utes of the criminal court. TERRITORIES. 361 TERRITORIES. A territory is a portion of the territory of the United States de- scribed by certain boundaries and erected into a temporary govern- ment, by the name of the Territory of So-and-so e.g., "Dakota Terri- tory." Congress alone can create territories, which are embryo states, and each territory, when the number of inhabitants is sufficiently great, applies to Congress for admission into the Union as a state. Con- gress can divide a territory, and admit part of it as a state into the Union, or, as in the case of West Virginia, take part of an already created state and make that part of itself, or in connection with a territory, or part of a territory, or part of another state, an inde- pendent state. It will be, later on, shown how a new state is created. There are in the laws of the United States general provisions applicable to all territories, and other provisions specially applicable to particular ter- ritories. The rights of person or pro- perty pertaining to Indians in any territory are not impaired so long as such rights remain unextinguished by treaty between the United States and such Indians ; and any territory which by treaty with any Indian tribe is not embraced within the territorial limits or jurisdiction of any state or territory is excepted out of the boundaries, and constitutes no part of a territory, until such tribe sig- nifies its consent to the President to be embraced within a particular ter- ritory. The authority of the United States to make any regulations re- specting the Indians of any territory, their lands, property, or rights, by treaty, law, or otherwise, in the same manner as might be made if no temporary government ex- isted in any such territory, is not affected by these general pro- visions. The executive power of each terri- tory is vested in a governor, who holds office for four years, and until his successor is appointed and quali- fied, unless sooner removed by the President. This governor resides in the territory, and is commander-in- chief of its militia. He can grant pardons and reprieves, and remit fines and forfeitures for offences against the laws of his territory, and respites for offences against the laws of the United States, till the decision of the President can be made known thereon. He commissions all officers who are appointed under the laws of his territory, and takes care that the laws thereof are faithfully executed. Every bill which has passed the legislative assembly of any territory before it becomes a law is presented to him for approval and signature, or he can return it with his objections to the house in which it originated. A two-thirds majority in both houses can pass the bill over the governor's objections, and there- upon it becomes a law. The votes are in all such cases determined by yeas and nays ; and the names of the persons voting for or against the bill are entered on the journal of each house. This two-thirds clause does not apply to the Territories of Utah and Arizona. A resident secretary is appointed for each territory for four years, &c., as in the case of the governor ; and in case of the death, removal, resignation, or absence from the territory of the governor, he acts temporarily as governor. The legislative power in each ter- ritory is vested in the governor and a legislative assembly consisting of a council and house of repre- sentatives. The members of each 362 TERRITORIES. branch must have the qualifica- tions of voters, and must reside in the district or county for which they are respectively elected. They are chosen for two years. The council of each territory, unless specially provided otherwise, must not exceed twelve members, nor the number of members of the house of represen- tatives twenty-four, whose compen- sation is $4 each per diem during the session, and such mileage as the law provides. The president of the council and the speaker of the house receive $6 each per diem. The sessions of the legislatures of terri- tories are limited to sixty days, and no extraordinary session is called until the reasons for the same have been presented to the President of the United States, and his approval thereof has been duly given. The sessions of the legislative assembly are biennial, and are limited to sixty days' duration. Before the first election a census is ordered by the governor, who thereafter apportions the members of council and repre- sentatives to counties or districts, as nearly equal as practicable in the ratio of its population, except Indians not taxed ; and this apportionment may afterwards be from time to time readjusted. After the first election, the time, place, and manner of hold- ing elections by the people are as prescribed by the laws of each terri- tory. All laws passed by the legis- lative assembly and governor of any territory, except certain excepted ter- ritories, are submitted to Congress, and, if disapproved, are null and of no effect. The legislative power of every territory extends to all rightful subjects of legislation not inconsis- tent with the Constitution and laws of the United States ; but no law can be passed interfering with the primary disposal of the soil, no tax be imposed upon the property of the United States, nor the lands or other property of non-residents be taxed higher than the lands or other pro- perty of residents. Justices of the peace, and all general officers of the militia in the several territories, are elected by the people in such manner as the respective legisla- tures provide by law. All township, district, and county officers, except justices of the peace and general offi- cers of militia, are appointed or elected in such manner as may be provided by the governor and legislative assem- bly of each territory. The governor nominates all other officers, and, by and with the advice and consent of the legislative council of each territory, appoints them. The governor alone appoints all these officers for the first term of a newly created terri- tory. At the first election in a territory every male citizen above the age of twenty-one, including persons who have legally declared their intention to become citizens in any territory, and who are actually residents of such territory at the time of the organisation thereof, are entitled to vote, and to hold office therein. But at all subsequent elec- tions the qualifications of voters and of holding office are such as may be prescribed by the legislative assembly of each territory, subject neverthe- less to the following restrictions on the power of the legislative assembly namely, (1) The right of suffrage and of holding office shall be exer- cised only by citizens of the United States above the age of twenty-one years, and by those above that age who have declared on oath before a competent court of record their in- tention to become such, and have taken an oath to support the Con- stitution and Government of the United States; (2) There shall be no denial of the elective franchise or of holding office to a citizen on ac- count of race, colour, or previous condition of servitude ; (3) No officer, TERRITORIES. 363 soldier, seaman, mariner, or other person in the Army or Navy, or attached to troops in the service of the United States, shall be allowed to vote in any territory by reason of being on service therein, unless such territory is and has been for the period of six months his permanent domicile ; (4) No person belonging to the Army or Navy shall be elected to or hold any civil office or appoint- ment in any territory. Every territory has the right to send a delegate to the House of Representatives of the United States to serve during each Congress, who is elected by the voters in the territory qualified to elect members of the legis- lative assembly thereof, and every such delegate has a seat in the House of Representatives, with the right of debating, but not of voting. The supreme court of every terri- tory consists of a chief-justice and two or more associate justices, who hold office for four years, and until their successors are appointed and qualified. In Dakota there are a chief -justice and five associate justices any five of whom constitute a quo- rum. In Washington there are a chief-justice and three associate jus- tices any three of whom constitute a quorum. The number of judges and of judicial districts in territories is varied, and can, from time to time, as necessary or expedient, be in- creased or diminished by Act of Con- gress. They hold a term annually at the seat of government of the terri- tory for which they are respectively appointed. Every territory is divided into three or more judicial districts, and a district court is held in each district of the territory by one of the justices of the supreme court, at such time and place as may be prescribed by law ; and each judge, after assign- ment, resides in the district to which he is assigned. In New Mexico, Utah, Washington, Dakota, Idaho, Montana, and Wyoming, the judicial power is vested in a supreme court, district courts, probate courts, and in justices of the peace ; and in Arizona, in a supreme court and such inferior courts as the legislative council may by law prescribe ; but this jurisdic- tion, both appellate and original, is limited by law. No justices of the peace in any territory have jurisdic- tion of any case in which the title to land, or the boundary thereof, in any- wise comes in question. The supreme court and the district courts, respec- tively, of every territory, possess chancery as well as common law jurisdiction. Writs of error, bills of exception, and appeals are allowed in all cases from the final decisions of the district courts to the supreme court of all the territories, respec- tively, under such regulations as may be prescribed by law ; but in no case removed to the supreme court is trial by jury allowed in that court. The supreme court and district courts respectively appoint one clerk of court, and every such district clerk is the register in chancery, and resides and keeps his office at the place where the court is held. Temporarily and until otherwise provided by law, the governor of each territory establishes and defines by proclamation the ju- dicial districts of his territory, and assigns the judges thereto, and fixes the times and places for holding courts in the respective counties or sub- divisions of each judicial district. The judges of the supreme court are authorised to hold court within their respective districts for the purpose of hearing and determining all matters and causes, except those in which the United States are a party ; but the expense of holding such courts is paid by the territory or by the counties in which the courts are held, and the United States are in no case charge- able therewith. An attorney for the United States is appointed in each 364 TERRITORIES. territory, who continues in office four years, &c. A marshal is appointed for each territory, who executes all processes issuing from the territorial courts, when exercising their jurisdic- tion as circuit and district courts of the United States, and who has the powers and performs the duties, and is subject to the regulations and penalties, imposed by law on the mar- shals for the several judicial districts of the United States ; and who holds office for four years, &c. The governor, secretary, chief-jus- tice, and associate justices, attorney, and marshal, of every territory are nominated, and, by and with the advice and consent of the Senate, appointed by the President. All these officers, and all other civil officers appointed for any territory, have to take in due form the oath to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices. No legislative assembly of a terri- tory shall, in any instance, or under any pretext, exceed the amount ap- propriated by Congress for its annual expenses. The amount so appro- priated varies according to the re- quirements of each territory. Thus, in 1885, " Territory of Dakota For salary of governor, $2600 ; chief- justice, and five associate judges, at $3000 each ; and secretary, at $1800 $22,400. For legislative expenses namely, for postage, stationery, and blanks ; light, oil, and candles ; mes- senger and porter ; labour and care of Government property ; clerk in secretary's office ; and incidental ex- penses, $2000. And the legislature of Dakota may divide said territory into as many council and representa- tive districts as they desire, which districts shall be as nearly equal as practicable, taking into consideration population (except Indians not taxed) : Provided that the number of council districts shall not exceed 24, and the number of representative districts shall not exceed 48. For contingent expenses to be expended by the governor, $500." And "Territory of New Mexico For salary of governor, $2600 ; chief -justice and two associate judges, at $3000 each ; secretary, at $1800; and interpreter and trans- lator in the executive office, at $500 $13,900. For legislative expenses namely, for rent, light, fuel ; cas- ing for filing records ; carpets and furniture ; stationery and record- books, postage, incidentals, and pay of messenger and porter, $1500. For contingent expenses of the territory, to be expended by the governor, $500." And in Utah the legislative expenses included ' ' Per diem of members and officers of the legislative assembly ; mileage of members," &c., $22,000; and there was also appro- priated " for the salaries of the com- missioners appointed under an Act entitled ' An Act to amend Section 5352 of the Revised Statutes of the United States, in reference to bigamy, and for other purposes,' approved March 22, 1882 $25,000." By the laws of 1886, chap. 818, "An Act to prohibit the passage of local or special laws in the territories of the United States, to limit territorial in- debtedness, and for other purposes," it was enacted " That the legislatures of the territories of the United States now or hereafter to be organised shall not pass local or special laws in any of the following enumerated cases that is to say : Granting divorces. Changing the names of persons or places. Laying out, opening, altering, and working roads or high- ways. Vacating roads, town-plats, streets, alleys, and public grounds. Locating or changing county seats. Regulating county and township affairs. TERRITORIES. 365 Regulating the practice in courts of justice. Regulating the jurisdiction and duties of justices of the peace, police magistrates, and con- stables. Providing for changes of venue in civil and criminal cases. Incorporating cities, towns, or villages, or changing or amend- ing the charter of any town, city, or village. For the punishment of crimes or misdemeanours. For the assessment and collection of taxes for territorial, county, township, or road purposes. Summoning and impanelling grand or petit jurors. Providing for the management of common schools. Regulating the rate of interest on money. The opening and conducting of any election, or designating "the place of voting. The sale or mortgage of real estate belonging to minors or others under disability. The protection of game or fish. Chartering or licensing ferries or toll-bridges. Remitting fines, penalties, or for- feitures. Creating, increasing, or decreasing fees, percentage, or allowance of public officers, during the term for which said officers are elected or appointed. Changing the law of descent. Granting to any corporation, asso- ciation, or individual the right to lay down railroad tracks, or amending existing charters for such purpose. Granting to any corporation, association, or individual any special or exclusive privilege, immunity, or franchise what- ever. In all other cases where a general law can be made applicable, no special law shall be enacted in any of the territories of the United States by the territorial legislatures thereof. " It was also enacted, (2) That no territory of the United States, or any political or municipal corporation or subdivision of any such territory, shall make any subscription to the capital stock of any incorporated company, or company or association having corporate powers, or in any manner loan its credit to, or use it for, the benefit of any such company or association, or borrow any money for the use of any such company or asso- ciation. Also, (3) That no law of any ter- ritorial legislature shall authorise any debt to be contracted by, or on be- half of, such territory, except in the following cases : to meet a casual deficit in the revenue, to pay the interest upon the territorial debt, to suppress insurrections, or to pro- vide for the public defence, except that, in addition to any indebtedness created for such purposes, the legis- lature may authorise a loan for the erection of penal, charitable, or educa- tional institutions for such territory, if the total indebtedness of the terri- tory is not thereby made to exceed 1 per cent upon the assessed value of the taxable property in such terri- tory, as shown by the last general assessment for taxation. But noth- ing in the Act is to be construed to prohibit the refunding of any existing indebtedness of such territory, or of any political or municipal corpora- tion, county, or other subdivision therein. Also, (4) No political or muni- cipal corporation, county, or other subdivision in any territory shall ever become indebted in any man- ner, or for any purpose, to any amount in the aggregate, including existing indebtedness, exceeding 4 per cent on the value of the tax- 366 TERRITORIES. able property within such corpora- tion, county, or subdivision, to be ascertained by the last assessment for territorial and county taxes pre- vious to the incurring of such in- debtedness ; and all bonds or obliga- tions in excess of such amount given by such corporation shall be void : that nothing in this Act contained shall be so construed as to affect the validity of any Act of any territorial legislature previously enacted, or of any obligations existing or contracted thereunder, nor to preclude the issu- ing of bonds already contracted for in pursuance of express provisions of law ; nor to prevent any territorial legislature from legalising the acts of any county, municipal corporation, or subdivision of any territory as to any bonds previously issued or con- tracted to be issued. Nothing in this Act contained shall be construed to abridge the power of Congress to annul any law passed by a territorial legislature, or to modify any existing law of Congress re- quiring in any case that the laws of any territory shall be submitted to Congress. The legislative assemblies of the several territories shall not grant private charters or special privileges ; but they may, by general incorpora- tion Acts, permit persons to associate themselves together as bodies cor- porate for mining, manufacturing, and other industrial pursuits, and for conducting the business of insurance, banks of discount and deposit (but not of issue), loan, trust, and guar- antee associations, and for the con- struction or operation of railroads, waggon-roads, irrigating ditches, and the colonisation and improvement of lands in connection therewith, or for colleges, seminaries, churches, libra- ries, or any other benevolent, chari- table, or scientific association. No cor- poration or association for religious or charitable purposes shall acquire or hold real estate in any territory during the existence of the terri- torial government, of a greater value than $50,000 ; and all real estate acquired or held by such corporation or association contrary to this pro- vision is forfeited and escheat to the United States. The Constitution and all laws of the United States which are not locally inapplicable have the same force and effect within all the organ- ised territories, and in every terri- tory to be organised, as elsewhere within the United States. Peniten- tiaries erected by the United States in an organised territory are placed under the care and control of the marshal of the United States for the territory or district in which such penitentiary is situated, except as specially provided in certain terri- tories. The needful rules and regu- lations for such penitentiaries are prescribed by the Attorney-General of the United States, and the mar- shals having charge shall cause them to be duly and faithfully executed and obeyed. The compensation, as well as the expense incident to the subsistence and employment of of- fenders against the laws of the United States sentenced to imprisonment in such penitentiary, is chargeable on, and payable out of, the fund for defraying the expenses of suits in which the United States are con- cerned, and of prosecutions for of- fences committed against the United States, but the maximun compensa- tion allowed by law to those officers shall not be exceeded. Any person convicted by a court of competent jurisdiction in a territory for the violation of the laws thereof, and sentenced to imprisonment, may at the cost of such territory, on such terms and conditions as may be pre- scribed by such rules and regulations, be received, subsisted, and employed in such penitentiary during the term TRANSFORMATION OF A TERRITORY INTO A STATE. 367 of his imprisonment, in the same man- offence against the laws of the United ner as if he had been convicted of an States. TRANSFORMATION OF A TERRITORY INTO A STATE. As the latest illustration of a terri- tory becoming a state, the case of Colorado is selected, and the follow- ing are copies of the Act of Congress of March 3, 1875, chap. 139, and of the President's proclamation of Aug- ust 1, 1876, viz. : An Act to enable the people of Colorado to form a constitution and state government, and for the admission of the said state into the Union on an equal footing with the ori- ginal states. SEC, 1. (i. 7. 8. 9. 10. 11. 12. 13. 14. 15. Colorado to form state government for admission into the Union. Boundaries of. Voters of, at election of representa- tives to convention, &c. Apportionment of representatives. Election of representatives. Meeting of convention to form con- stitution. Constitution to be republican in form, with no distinction on account of race, colour, &c. Religious toleration. Disclaimer of unappropriated lands ; provisions as to taxes. Constitution to be submitted to pop- ular vote. Voting and returns. Representative in Congress. School lands. Lands for piiblic buildings. Penitentiary. State university. Salt-springs. Five per cent of sales of public lands for internal improvements. Unexpended balances of appropria- tions. School funds. Mineral lands. BE it enacted, &c. SEC. 1. That the inhabitants of the Territory of Colorado included in the boundaries hereinafter designated be, and they are hereby, authorised to form for themselves, out of said territory, a state government with the name of the State of Colorado ; which state, when formed, shall be admitted into the Union upon an equal footing with the original states in all respects whatsoever, as herein- after provided. SEC. 2. That the said State of Colo- rado shall consist of all the territory included within the following boun- daries to wit, commencing on the thirty-seventh parallel of north lati- tude, where the twenty-fifth meridian of longitude west from Washington crosses the same ; thence north on said meridian to the forty-first par- allel of north latitude ; thence along said parallel west to the thirty-second meridian of longitude west from Washington ; thence south on said meridian to the thirty-seventh par- allel of north latitude ; thence along said thirty-seventh parallel of north latitude to the place of beginning. SEC. 3. That all persons qualified by law to vote for representatives to the general assembly of said territory at the date of the passage of this Act shall be qualified to be elected, and they are hereby authorised to vote for and choose representatives to form a convention, under such rules and regulations as the governor of said territory, the chief-justice, and the United States attorney thereof, may prescribe ; and also to vote upon the acceptance or rejection of such constitution as may be formed by said convention, under such rules and regulations as said convention may prescribe. And the aforesaid representatives to form the aforesaid convention shall 368 TRANSFORMATION OF A TERRITORY INTO A STATE. be apportioned among the several counties in said territory, in propor- tion to the vote polled in each of said counties at the last general election, as near as may be ; and said appor- tionment shall be made for said ter- ritory by the governor, United States district attorney, and chief - justice thereof, or any two of them. And the governor of said territory shall, by proclamation, order an elec- tion of the representatives aforesaid to be held throughout the territory, at such time as shall be fixed by the governor, chief-justice, and United States attorney, or any two of them ; which proclamation shall be issued within ninety days next after the 1st day of September 1875, and at least thirty days prior to the time of said election ; and such election shall be conducted in the same manner as is prescribed by the laws of said terri- tory regulating elections therein for members of the House of Representa- tives ; and the number of members to said convention shall be the same as now constitutes both branches of the legislature of the aforesaid terri- tory. SEC. 4. That the members of the convention thus elected shall meet at the capital of said territory on a day to be fixed by said governor, chief- justice, and United States attorney, not more than sixty days subsequent to the day of election ; which time of meeting shall be contained in the aforesaid proclamation mentioned in the third section of this Act ; and, after organisation, shall declare, on behalf of the people of said territory, that they adopt the Constitution of the United States ; whereupon the said convention shall be, and is here- by, authorised to form a constitution and state government for said terri- tory : Provided, That the constitution shall be republican in form, and make no distinction in civil or political rights on account of race or colour, except Indians not taxed, and not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence : And provided further, That said convention shall provide, by an ordi- nance, irrevocable without the consent of the United States and the people of said state, first, that perfect toler- ation of religious sentiment shall be secured, and no inhabitant of said state shall ever be molested in person or property on account of his or her mode of religious worship ; secondly, that the people inhabiting said terri- tory do agree and declare that they for ever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States, and that the lands belonging to citizens of the United States resid- ing without the said state shall never be taxed higher than the lands be- longing to residents thereof, and that no taxes shall be imposed by the state on lands or property therein belonging to, or which may hereafter be purchased by, the United States. SEC. 5. That in case the constitu- tion and state government shall be formed for the people of said Terri- tory of Colorado, in compliance with the provisions of this Act, said con- vention forming the same shall pro- vide, by ordinance, for submitting said constitution to the people of said state for their ratification or re- jection at an election, to be held at such time in the month of July 1876, and at such places and under such regulations as may be prescribed by said convention, at which election the lawful voters of said new state shall vote directly for or against the proposed constitution ; And the returns of said election shall be made to the acting governor of the territory, who, with the chief- TRANSFORMATION OF A TERRITORY INTO A STATE. 369 justice and United States attorney of said territory, or any two of them, shall canvass the same ; and if a ma- jority of legal votes shall be cast for said constitution in said proposed state, the said acting governor shall certify the same to the President of the United States, together with a copy of said constitution and ordi- nances ; whereupon it shall be the duty of the President of the United States to issue his proclamation de- claring the state admitted into the Union on an equal footing with the original states, without any further action whatever on the part of Con- gress. SEC. 6. That until the next gen- eral census said state shall be entitled to one representative in the House of Representatives of the United States, which representative, together with the governor and state and other officers provided for in said constitu- tion, shall be elected on a-day sub- sequent to the adoption of the con- stitution, and to be fixed by said constitutional convention ; and until said state officers are elected and qualified under the provisions of the constitutions, the territorial officers shall continue to discharge the duties of their respective offices. SEC. 7. That sections numbered 16 and 36 in every township, and where such sections have been sold or other- wise disposed of by any Act of Con- gress, other lands equivalent thereto, in legal subdivisions of not more than one quarter-section, and as contigu- ous as may be, are hereby granted to said state for the support of common schools. SEC. 8. That, provided the State of Colorado shall be admitted into the Union in accordance with the foregoing provisions of this Act, fifty entire sections of the unappropriated public lands within said state, to be selected and located by direction of the legislature thereof, and, with the approval of the President, on or be- fore the first day of January 1878, shall be, and are hereby, granted in legal subdivisions of not less than one quarter-section to said state for the purpose of erecting public buildings at the capital of said state for legis- lative and judicial purposes, in such manner as the legislature shall pre- scribe. SEC. 9. That fifty other entire sec- tions of land as aforesaid, to be selected and located, and with the approval as aforesaid, in legal sub- divisions as aforesaid, shall be, and they are hereby, granted to said state for the purpose of erecting a suitable building for a penitentiary or state prison in the manner aforesaid. SEC. 10. That seventy-two other sections of land shall be set apart and reserved for the use and support of a state university, to be selected and approved in manner as aforesaid, and to be appropriated and applied as the legislature of said state may prescribe for the purpose named and for no other purpose. SEC. 11. That all salt-springs with- in said state, not exceeding twelve in number, with six sections of land ad- joining, and as contiguous as may be to each, shall be granted to said state for its use, the said land to be se- lected by the governor of said state within two years after the admission of the state, and when so selected to be used and disposed of on such terms, conditions, and regulations as the legislature shall direct. Provided, That no salt-spring or lands, the right whereof is now vested in any individual or individuals, or which hereafter shall be confirmed or adjudged to any individual or indi- viduals, shall by this Act be granted to said state. SEC. 12. That 5 per centum of the proceeds of the sales of agricul- tural public lands lying within said state, which shall be sold by the A 370 TRANSFORMATION OF A TERRITORY INTO A STATE. United States subsequent to the ad- mission of said state into the Union, after deducting all the expenses in- cident to the same, shall be paid to the said state for the purpose of making such internal improvements within said state as the legislature thereof may direct : Provided, that this section shall not apply to any lands disposed of under the home- stead laws of the United States, or to any lands now or hereafter reserved for public or other use. SEC. 13. That any balance of the appropriations for the legislative ex- penses of said Territory of Colorado remaining unexpended shall be ap- plied to and used for defraying the expenses of said convention, and for the payment of the members thereof, under the same rules and regulations and rates as are now prescribed by law for the payment of the territorial legislature. SEC. 14. That the two sections of land in each township herein granted for the support of common schools shall be disposed of only at public sale, and at a price not less than $2.50 per acre, the proceeds to con- stitute a permanent school fund, the interest of which to be expended in the support of common schools. SEC. 15. That all mineral lands shall be excepted from the operation and grants of this Act. (March 3, 1875.) PROCLAMATION. 1876, Number 6. (Declaring the admission of Colorado as a state in the Union completed.) COLORADO. Preamble. WHEREAS the Congress of the United States did, by an Act approved on the 3d day of March 1875, authorise the inhabitants of the Territory of Colorado to form for themselves out of said territory a state government, with the name of the State of Colorado, 1 1 P ecl j";? d a and for the admission state of the ,. , . , Union. * such state into the Union, on an equal foot- ing with the original states, upon certain conditions in said Act speci- fied : And whereas it was provided by said Act of Congress that the con- vention elected by the people of said territory to frame a state constitution should, when assembled for that pur- pose and after organisation, declare on behalf of the people that they adopt the constitution of the United States, and should also provide by an ordinance, irrevocable without the consent of the United States and the people of said state, that perfect toleration of religious sentiment shall be secured, and that no inhabitant of said state shall ever be molested in person or property on account of his or her mode of religious worship ; and that the people inhabiting said territoi'y do agree and declare that they for ever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States ; and that the lands belonging to citizens of the United States residing without the said state shall never be taxed higher than the lands belonging to residents thereof ; and that no taxes shall be imposed by the state on lands or property therein belonging to, or which may hereafter be purchased by, the United States : And whereas it was further pro- vided by said Act that the constitu- tion thus formed for the people of the Territory of Colorado should, by an ordinance of the convention form- ing the same, be submitted to the people of said territory for ratifica- TRANSFORMATION OF A TERRITORY INTO A STATE. 371 tion or rejection at an election to be held in the month of July 1876, at which election the lawful voters of said new state should vote directly for or against the proposed constitu- tion ; and the returns of said election should be made to the acting gover- nor of the territory, who, with the chief-justice and the United States attorney of said territory, or any two of them, should canvass the same ; and if a majority of legal votes should be cast for said con- stitution in said proposed state, the said acting governor should certify the same to the President of the United States, together with a copy of said constitution and ordinances ; whereupon it should be the duty of the President of the United States to issue his proclamation declaring the state admitted into the Union on an equal footing with the original states, without any further action whatever on the part of Congress : And whereas it has been certified to me by the acting governor of said Territory of Colorado that within the time prescribed by said Act of Con- gress a constitution for said proposed state has been adopted, and the same ratified by a majority of the legal voters of said proposed new state in accordance with the conditions prescribed by said Act of Congress : And whereas a duly authenticated copy of said constitution and of the declaration and ordinance required by said Act has been received by me : Now therefore, I, Ulysses S. Grant, President of the United States of America, do, in accord- ance with the provisions of the Act of Congress aforesaid, declare and proclaim the fact that the funda- mental conditions imposed by Con- gress on the State of Colorado to entitle that state to admission to the Union have been ratified and accepted, and that the admission of the said state into the Union is now complete. (August 1, 1875.) PAKT II. THE CONSTITUTION OF THE STATE OF NEW YORK, AS FROM TIME TO TIME AMENDED (THE AMENDMENTS BEING INCORPORATED), IN FORCE AS AT 31ST DECEMBER 1886. ARTICLE I. SEC. 1. No person to be disfranchised. 2. Trial by jury. 3. Religious liberty. 4. Writ of habeas corpus. 5. Bail, fines. 6. Grand jury. 7. Private property private roads. 8. Freedom of speech and of the press. 9. Two-third bills. 10. Right of petition divorces lot- teries. 11. Right of property in lands escheats. 12. Feudal tenures abolished. 13. Allodial temire. 14. Certain leases invalid. 15. Fines and quarter sales abolished. 16. Sale of lands. 17. Old colony laws and acts of the leg- islature common law commis- sioners to be appointed their duties. 18. Grants of land since 1775 prior grants. ARTICLE II. 1. Qualification of voters. 2. Persons excluded from right of suf- frage challenge laws to be passed excluding from right of suffrage. 3. Certain employments not to affect residence of voters. 4. Laws to be passed. 5. Election to be by ballot. SEC. 1. 2. 10. ARTICLE III. Legislative powers. Senate, number of assembly, num- ber of. State divided into thirty-two sena- torial districts boundaries thereof board of supervisors of the city of New York to divide the county into four senate districts certifi- cate, &c., to be filed. Census to be taken in 1855, and every ten years senate districts, how altered. Members of assembly, number of, and how apportioned and chosen boards of supervisors in certain counties and board of aldermen in New York city to divide the same into assembly districts descrip- tion of assembly districts to be filed contents of assembly dis- trictslegislature to reapportion members of assembly each county entitled to one member Hamil- ton county 'counties and towns may be divided and new ones erected. Pay of members. No member to receive an appoint- ment. Persons disqualified from being mem- bers. Time of election fixed. Powers of each house. 374 THE CONSTITUTION OF THE STATE OP NEW YORK. SEC. 11. Journals to be kept. 12. No member to be questioned, &c. 13. Bills may originate in either house. 14. Enacting clause of bills. 15. Assent of a majority of all the mem- bers required, &c. 16. Restriction as to private and local bills. 17. Existing law not to be made a part of an Act except by inserting it therein. 18. Private and local bills, in what cases they may not be passed general laws to be passed street railroads, condition upon which they may be authorised. 19. The legislature not to audit or allow any private claim. 20. Bill imposing a tax, manner of pass- ing. 21. Same subject. 22. Board of supervisors. 23. Local legislative powers conferred on boards of supervisors. 24. No extra compensation to be granted to a public officer, servant, agent, or contractor. 25. Sections seventeen and eighteen not to apply to certain bills. ARTICLE IV. 1. Executive power, how vested. 2. Requisite qualifications of gover- nor. 3. Time and manner of electing governor and lieutenant-governor. 4. Duties and power of governor his compensation. 5. Pardoning power vested in the gov- ernor. 6. Powers of governor to devolve on lieutenant-governor. 7. Requisite qualifications of lieutenant- governor to be president of the senate, and to act as governor in certain cases. 8. Compensation of lieutenant-gover- nor. 9. Bills to be presented to the governor for signature if returned by him with objections, how disposed of bills to be returned within ten days after adjournment, bills must be approved in thirty days, else can- not become law governor may ob- ject to items of appropriation in any bill. ARTICLE V. SEC. 1. State officers, how elected and terms of office. 2. State engineer and surveyor, how chosen and term of office. 3. Superintendent of public works, powers and duties. 4. Superintendent of prisons, powers and duties of. 5. Commissioners of the land office commissioners of the canal fund canal board. 6. Powers and duties of boards, &c. 7. Treasurer may be suspended by gov- ernor. 8. Certain offices abolished. ARTICLE VI. 1. Impeachment assembly has power of effect of judgment. 2. Court of appeals judges how chosen appointment of clerk. 3. Vacancies in office of judge of court of appeals, how filled. 4. Causes pending in court of appeals to be referred to commissioners of appeals. 5. Commissioners of appeals vacancies how filled chief commissioner to be appointed. . 6. Supreme court jurisdiction justices judicial districts, number of jus- tices in ; may be altered without increasing number. 7. Terms of supreme court. 8. Judge or justice may not sit in review of decisions made by him, &c. 9. Vacancy in office of justice of supreme court, how filled. 10. Judges of court of appeals, or jus- tices of supreme court, to hold no other office. 11. Removals proceedings in relation to. 12. City courts. 13. Justice of supreme court or judges of city courts, how chosen term of office restriction as to age. 14. Compensation of judges or justices not to be diminished during term of office. 15. County courts. 16. Local judicial officers. 17. Judge of court of appeals, or justice of supreme court, election or ap- pointment of questions to be sub- mitted to people. 18. Justices of the peace. THE CONSTITUTION OF THE STATE OF NEW YORK. 375 SEC. 19. Inferior local courts. 20. Clerks of supreme court and court of appeals. 21. No judicial officer, except justice of the peace, to receive fees. 22. Judgments, &c., may be ordered directly to court of appeals for review. 23. Publication of statutes to be provided for to be free to all. 24. Judges, first election of when to enter upon duties. 25. Local judicial officers term of office of present incumbents. 26. Courts of special sessions. 27. Surrogates' courts. 28. Court of appeals may order causes to be heard by commission of appeals. ARTICLE VII. 1. Canal debt sinking fund June 1, 1846, $1,300,000 June 1, 1859, $1,700,000. 2. General fund debt sinking fund, $350,000; after certain period, $1,500,000. 3. $200,000 of the surplus canal revenues annually appropriated to general fund, and the remainder to specific public works certain deficiencies in the revenues not exceeding $2,250,000, annually to be supplied from the revenues of the canals contractors, no extra compensation to be made to. 4. Loans to incorporated companies not to be released or compromised. 5. Legislature shall, by equitable taxes, increase the revenues of the sinking fund in certain cases. 6. Certain canals of the state not to be leased or sold expenditures, for collections and repairs, limited funds from leases or sale, how applied. 7. Salt-springs. 8. Appropriation bills. 9. State credit not to be loaned. 10. Power to contract debts limited. 11. Debts to repel invasion, &c., may be contracted. 12. Limitation of the legislative power in the creation of debts. 13. Sinking funds to be separately kept and safely invested. 14. Claims barred by lapse of time limi- tation of existing claims. ARTICLE VIII. SEC. 1. Corporations, how created. 2. Debts of corporations. 3. " Corporations " defined. 4. Charters for savings banks and bank- ing purposes. 5. Specie payments. 6. Registry of bills or notes. 7. Individual responsibility of stock- holders. 8. Insolvency of banks, preference. 9. Legislature to provide for the incor- poration of cities and villages, and to define powers thereof in certain cases. 10. The credit or money of the state not to be given or loaned. 11. Counties, cities, towns, and villages not to give money or property or loan their money or credit their power to contract debts limited. ARTICLE IX. 1. Common school, literature, and United States deposit funds. ARTICLE X. 1. Sheriffs, clerks of counties, register and clerk of New York, coroners and district attorneys governor may remove. 2. Officers, how chosen or appointed. 3. Duration of office. 4. Time of election. 5. Vacancies in office, how filled. 6. Political year. 7. Removal from office. 8. When office deemed vacant. 9. Compensation of certain officers. ARTICLE XI. 1. Militia. 2. Manner of choosing or appointing militia officers. 3. Officers to be appointed by governor and senate commissary-general. 4. Election of militia officers. 5. Officers, how commissioned. 6. Election of militia officers may be abolished. ARTICLE XII. 1. Oath of office prescribed. ARTICLE XIII. 1. Amendments. 2. Future conventions, how called. 376 THE CONSTITUTION OF THE STATE OF NEW YORK. SEC, 1. 2. 3. 4. 5. 10. ARTICLE; xiv. Election term of office of senators and members of assembly. First election of governor and lieuten- ant-governor, when. State officers, and others, to remain in office till December 31, 1847. First election of judicial officers, when. Jurisdiction of pending suits. Chancellor and supreme court mas- ters in chancery. Vacancy in office of chancellor, or justice of supreme court, how filled. Offices abolished. Chancellor and justices of present supreme court eligible. Officers to hold until expiration of term. SEC. 11. Judicial officers may receive fees. 12. Local courts to remain, &c. 13. When constitution goes into opera- tion. ARTICLE XV. 1. Bribery and official corruption. 2. The same subject. 3. Person offering or receiving bribe may be witness. 4. District attorney may be removed for failure to prosecute violations expenses of prosecution, how chargeable. ARTICLE XVI. 1. Amendments, when to take effect. WE, the People of the State of New York, grateful to Almighty God for our freedom, in order to secure its blessings, do establish this constitu- tion. ARTICLE I. SEC. 1. No person to be disfran- chised, No member of this state shall be disfranchised, or deprived of any of the rights or privileges se- cured to any citizens thereof, unless by the law of the land, or the judg- ment of his peers. SEC. 2. Trial by jury. The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate for ever ; but a jury trial may be waived by the parties in all civil cases in the manner to be pre- scribed by law. SEC. 3. Religious liberty. The free exercise and enjoyment of religious profession and worship, without dis- crimination or preference, shall for ever be allowed in this state to all mankind ; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief ; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state. SEC. 4. Writ of habeas corpus. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or in- vasion, the public safety may require its suspension. SEC. 5. Bail, fines. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained. SEC. 6. Grand jury bill of rights. No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeach- ment, and in cases of militia when in actual service ; and the land and naval forces in time of war, or which this state may keep, with the consent of Congress in time of peace ; and in cases of petit larceny, under the regulation of the legislature), unless on presentment or indictment of a grand jury ; and in any trial in any court whatever the party accused shall be allowed to appear and de- THE CONSTITUTION OF THE STATE OF NEW YORK. 377 fend in person and with counsel as in civil actions. No person shall be subject to be twice put in jeopardy for the same offence ; nor shall he be compelled in any criminal case to be a witness against himself ; nor be deprived of life, liberty, or property without due process of law ; nor shall private property be taken for public use without just compen- sation. SEC. 7. Private property private roads. When private property shall be taken for any public use, the com- pensation to be made therefor, when such compensation is not made by the state, shall be ascertained by a jury or by not less than three com- missioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law ; but in every case the necessity of the road, and the amount of all damage to be sustained by the opening there- of, shall be first determined by a jury of freeholders, and such amount, together with the expenses of the pro- ceeding, shall be paid by the person to be benefited. SEC. 8. freedom of speech and of the press. Every citizen may freely speak, write, and publish his senti- ments on all subjects, being respon- sible for the abuse of that right ; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecu- tions or indictments for libels, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact. SEC. 9. Two-third bills. The as- sent of two-thirds of the members elected to each branch of the legis- lature shall be requisite to every bill appropriating the public moneys or property for local or private pur- poses. SEC. 10. Right of petition divorces lotteries. No law shall be passed abridging the right of the people peaceably to assemble and to petition the Government, or any department thereof ; nor shall any divorce be granted, otherwise than by due judicial proceedings ; nor shall any lottery hereafter be authorised, or any sale of lottery tickets allowed within this state. SEC. 11. Right of property in lands escheats. The people of this state, in their right of sovereignty, are deem- ed to possess the original and ulti- mate property in and to all lands within the jurisdiction of the state ; and all lands the title to which shall fail, from a defect of heirs, shall re- vert or escheat to the people. SEC. 12. Feudal tenures abolished. All feudal tenures of every descrip- tion, with all their incidents, are declared to be abolished, saving how- ever all rents and services certain which at any time heretofore have been lawfully created or reserved. SEC. 13. Allodial tenure. All lands within this state are declared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners, according to the nature of their respective estates. SEC. 14. Certain leases invalid. No lease or grant of agricultural land, for a longer period than twelve years, hereafter made, in which shall be reserved any rent or service of any kind, shall be valid. SEC. 15. Fines and quarter sales abolished. All fines, quarter sales, or other like restraints upon aliena- tion reserved in any grant of land, hereafter to be made, shall be void. SEC. 16. Sale of lands. No pur- chase or contract for the sale of lands in this state made since the 378 THE CONSTITUTION OP THE STATE OP NEW YORK. fourteenth day of October, one thou- sand seven hundred and seventy-five, or which may hereafter be made, of or with the Indians, shall be valid, unless made under the authority and with the consent of the legislature. SEC. 17. Old colony laws and Acts of the legislature common law commissioners to be appointed their duties. Such parts of the com- mon law, and of the Acts of the legis- lature of the colony of New York, as together did form the law of the said colony, on the nineteenth day of April, one thousand seven hundred and seventy-five, and the resolutions of the congress of the said colony, and of the convention of the state of New York, in force on the twentieth day of April, one thousand seven hundred and seventy - seven, which have not since expired, or been re- pealed or altered, and such acts of the legislature of this state as are now in force, shall be and continue the law of this state, subject to such alterations as the legislature shall make concealing the same. But all such parts of the common law, and such of the said acts, or parts there- of, as are repugnant to this constitu- tion, are hereby abrogated ; and the legislature, at its first session after the adoption of this constitution, shall appoint three commissioners, whose duty it shall be to reduce into a written and systematic code the whole body of the law of this state, or so much and such parts thereof as to the said commissioners shall seem practicable and expedient. And the said commissioners shall specify such alterations and amend- ments therein as they shall deem proper, and they shall at all times make reports of their proceedings to the legislature, when called upon to do so ; and the legislature shall pass laws regulating the tenure of office, the filling of vacancies therein, and the compensation of the said commis- sioners, and shall also provide for the publication of the said code, prior to its being presented to the legislature for adoption. SEC. 18. Grants of land since 1775 prior grants. All grants of land within the state, made by the King of Great Britain or persons acting under his authority, after the four- teenth day of October, one thousand seven hundred and seventy-five, shall be null and void ; but nothing con- tained in this constitution shall af- fect any grants of lands within this state, made by the authority of the said king or his predecessors, or shall annul any charters to bodies politic or corporate, by him or them made, before that day ; or shall affect any such grants or charters since made by this state, or by persons acting under its authority ; or shall impair the obligation of any debts contract- ed by the state, or individuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice. ARTICLE II. SEC. 1. Qualification of voters. Every male citizen of the age of twenty - one years, who shall have been a citizen for ten days and an inhabitant of this state one year next preceding an election, and for the last four months a resident of the county and for the last thirty days a resident of the election dis- trict in which he may offer his vote, shall be entitled to vote at such elec- tion in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people, and upon all questions which may be submitted to the vote of the people, provided that in time of war no elector in the actual military service of the state, THE CONSTITUTION OF THE STATE OP NEW YORK. 379 or of the United States, in the Army or Navy thereof, shall be deprived of his vote by reason of his absence from such election district ; and the legislature shall have power to pro- vide the manner in which, and the time and place at which, such absent electors may vote, and for the re- turn and canvass of their votes in the election districts in which they respectively reside. SEC. 2. Persons excluded from the right of suffrage, <<:. No person who shall receive, expect, or offer to receive, or pay, offer or promise to pay, contribute, offer or promise to contribute to another, to be paid or used, any money or other valuable thing as a compensation or reward for the giving or withholding a vote at an election, or who shall make any proinise to influence the giving or withholding any such vote, or who shall make or become directly or indirectly interested in ^any bet or wager depending upon the result of any election, shall vote at such election ; and upon challenge for such cause, the person so challenged, before the officers authorised for that purpose shall receive his vote, shall swear or affirm before such officers that he has not received or offered, does not expect to receive, has not paid, offered or promised to pay, contributed, offered or promised to contribute to another, to be paid or used, any money or other valuable thing as a compensation or reward for the giving or withholding a vote at such election, and has not made any promise to influence the giving or withholding of any such vote, nor made or become directly or indirectly interested in any bet or wager depending upon the result of such election. The legislature, at the session thereof next after the adoption of this section, shall, and from time to time thereafter may, enact laws excluding from the right of suffrage all persons convicted of bribery or of any infamous crime. SEC. 3. Certain employments not to affect residence of voters. For the purpose of voting, no person shall be deemed to have gained or lost a resi- dence, by reason of his presence or absence, while employed in the service of the United States ; nor while en- gaged in the navigation of the waters of this state, or of the United States, or of the high seas ; nor while a student of any seminary of learning ; nor while kept at any alms-house, or other asylum, at public expense ; nor while confined in any public prison. SEC. 4. Laws to be passed. Laws shall be made for ascertaining by proper proofs the citizens who shall be entitled to the right of suffrage hereby established. SEC. 5. Election to be by ballot. All elections by the citizens shall be by ballot, except for such town officers as may by law be directed to be other- wise chosen. ARTICLE III. SEC. 1. Legislative powers. The legislative power of this state shall be vested in a senate and assembly. SEC. 2. Senate, number of assem- bly, number of. The senate shall consist of thirty-two members, and the senators shall be chosen for two years. The assembly shall consist of one hundred and twenty-eight members, who shall be annually elected. SEC. 3. State divided into thirty- two senatorial districts boundaries thereof board of supervisors of the city of New York to divide the county into four senate districts certificate, <&c., to be filed. The state shall be divided into thirty-two districts, to be called senate districts, each of which shall choose one senator. The districts shall be numbered from One to Thirty-two inclusive. District No. One (1) shall consist 380 THE CONSTITUTION OF THE STATE OF NEW YORK. of the counties of Suffolk, Richmond, and Queens. District No. Two (2) shall consist of the county of Kings. District No. Three (3), No. Four (4), No. Five (5), and No. Six (6) shall consist of the city and county of New York. And the board of supervisors of said city and county shall, on or before the first day of May, one thousand eight hundred and forty- seven, divide the said city and county into the number of senate districts to which it is entitled, as near as may be of an equal number of inhabitants, excluding aliens and persons of colour not taxed, and con- sisting of convenient and contiguous territory ; and no assembly district shall be divided in the formation of a senate district. The board of super- visors, when they shall have completed such division, shall cause certificates thereof, stating the number and boun- daries of each district and the popu- lation thereof, to be filed in the office of the secretary of state, and of the clerk of said city and county. District No. Seven (7) shall consist of the counties of Westchester, Put- nam, and Rockland. District No. Eight (8) shall consist of the counties of Dutchess and Colum- bia. District No. Nine (9) shall con- sist of the counties of Orange and Sullivan. District No. Ten (10) shall consist of the counties of Ulster and Greene. District No. Eleven (11) shall con- sist of the counties of Albany and Schenectady. District No. Twelve (12) shall con- sist of the county of Rensselaer. District No. Thirteen (13) shall con- sist of the counties of Washington and Saratoga. District No. Fourteen (14) shall con- sist of the counties of Warren, Essex, and Clinton. District No. Fifteen (15) shall con- sist of the counties of St Lawrence and Franklin. District No. Sixteen (16) shall con- sist of the counties of Herkimer, Hamilton, Fulton, and Montgomery. District No. Seventeen (17) shall consist of the counties of Schoharie and Delaware. District No. Eighteen (18) shall consist of the counties of Otsego and Chenango. District No. Nineteen (19) shall consist of the county of Oneida. District No. Twenty (20) shall con- sist of the counties of Madison and Oswego. District No. Twenty-one (21) shall consist of the counties of Jefferson and Lewis. District No. Twenty-two (22) shall consist of the county of Onondaga. District No. Twenty-three (23) shall consist of the counties of Cortland, Broome, and Tioga. District No. Twenty-four (24) shall consist of the counties of Cayuga and Wayne. District No. Twenty-five (25) shall consist of the counties of Tompkins, Seneca, and Yates. District No. Twenty-six (26) shall consist of the counties of Steuben and Chemung. District No. Twenty-seven (27) shall consist of the county of Monroe. District No. Twenty-eight (28) shall consist of the counties of Orleans, Genesee, and Niagara. District No. Twenty-nine (29) shall consist of the counties of Ontario and Livingston. District No. Thirty (30) shall con- sist of the counties of Allegany and Wyoming. District No. Thirty-one (31) shall consist of the county of Erie. District No. Thirty-two (32) shall consist of the counties of Chautauqua and Cattaraugus. SEC. 4. Census to be taken in 1855, and every ten years senate districts, THE CONSTITUTION OF THE STATE OF NEW YORK. 381 how altered. An enumeration of the inhabitants of the state shall be taken, under the direction of the legislature, in the year one thousand eight hun- dred and fifty-five, and at the end of every ten years thereafter ; and the said districts shall be so altered by the legislature, at the first session after the return of every enumeration, that each senate district shall con- tain, as nearly as may be, an equal number of inhabitants, excluding aliens and persons of colour not taxed ; and shall remain unaltered until the return of another enumeration, and shall at all times consist of contiguous territory ; and no county shall be divided in the formation of a senate district, except such county shall be equitably entitled to two or more senators. SEC. 5. Members of assembly, num- ber of, Secretaries. VOTE OF THE PEOPLE UPON THE CONSTITUTION AND ITS AMEND- MENTS. November 4, 1845. For a convention to consider and alter constitution . . 213,257 Against 33,860 November 3, 1846. For amended constitution . 221,528 Against 92,436 February 15, 1854. For amendment of section 3 SEVERAL CONSTITUTIONS OP STATES THAT OF NEW YORK. 405 of article vii., for speedy completion of canals . . 185,771 Against 60,526 November 6, 1866. For a convention to revise constitution . . . 352,854 Against 256,364 November 2, 1869. For the amended constitution 223,935 Against 290,456 For the amended judiciary ar- ticle 247,240 Against 240,442 November 5, 1872. For amendment of article vi., relating to commission of appeals .... 176,038 Against 9,196 November 4, 1873. For appointment of judges of court of appeals and of su- preme court . . . 115,337 Against 319,979 For appointment of judges of county and certain city courts 110,725 Against 319,660 November 3, 1874. For amendment of article H. . 357,635 Against 177,033 For amendment of article iii., sections 1 to 8 . . . 325,904 Against 206,029 For amendment of article iii. , sections 17 to 25 . . . 435,313 Against 98,050 For amendment of article iv. 336,197 Against 196,125 For amendment of article vii. 428,190 Against 104,139 For amendment of article viii., sections 4 and 11 . . . 337,891 Against 194,236 For amendment of article viii., section 10 .... 336,237 Against 195,047 For amendment of article x. . 335,548 Against 194,333 For amendment of article xii. 352,514 Against 179,365 For new article xv. . . 351,693 Against 177,923 For new article xvi. . . 446,883 Against 85,758 November?, 1876. For amendment of article v., section 3 .... 533,153 Against 81,832 For amendment of article v., section 4 .... 530,226 Against 80,358 November 4, 1879. For amendment of article vi. , section 6 .... 95,331 Against 25,578 November 2, 1880. For amendment of article vi., sections 12 and 13 . . 221,903 Against 111,225 November 7, 1882. For amendment of section 3 of article vii 486,105 Against 163,151 For amendment of article vi. 248,784 Against 75,644 It is now proper to consider more particularly the machinery of one of the states, and as no state of the Union is more widely or deservedly known, or has exercised greater in- fluence on other states, or whose constitution has been more closely copied as a model, the State of New York is perhaps the one best suited to illustrate state government. As already stated, everything not dele- gated by the state to the Federal Government by the Constitution of the United States, and amendments thereto, was retained, and is now inherent in the independent state. That the state government shall not be inconsistent with the constitu- tional government of the United States was agreed to by the original thirteen states at the time of accepting the Constitution of the United States ; and, as shown in the case of the State of Colorado, those states admitted subsequently into the Union express- ly undertook that their respective state governments should likewise be subordinate to the Federal Govern- ment, as set forth in the Constitution of the United States, amendments thereto, and Declaration of Indepen- dence of July 4, 1776. 406 HOW AMENDMENTS ARE MADE. The first constitution of the State of New York was adopted in con- vention of the representatives of the State of New York at Kingston, 20th April 1777, and was signed, "By order, A. Burr, President of the Convention and delegate from Orange County. Attest, James Van Ingen, Joseph Constant, Secretaries, " The second constitution began : " We, the people of the State of New York, acknowledging with gratitude the grace and beneficence of God in per- mitting us to make choice of our form of government, do establish this constitution;" and was "Done, in convention, at the Capitol, in the city of Albany, the 10th day of November in the year 1821, and of the independence of the United States the 46th. In witness where- of, we have hereunto subscribed our names, Daniel D. Tompkins, Presi- dent and delegate from the county of Richmond ; John F. Bacon, Sam- uel S. Gardiner, Secretaries ; " and pursuant to a resolution of the con- vention, it was also signed by all the members, delegates from the differ- ent counties, except by a few. This constitution was ratified by the people at an election held in the several towns and wards of the state, on the 15th, 16th, and 17th days of January 1822. Two amend- ments to this constitution were pro- posed by the legislature in 1825, were referred to the legislature of 1826, agreed to by two-thirds of the members elected to each house of that legislature, submitted to the people, and approved and ratified at an election held on the 6th, 7th, and 8th days of November 1826. Four other amendments were like- wise adopted one on each of two occasions, and two on one occasion. The third constitution began : " We, the people of the State of New York, grateful to Almighty God for our freedom, in order to secure its bless- ings, do establish this constitution ; " and was " Done, in convention, at the Capitol, in the city of Albany, the 9th day of October in the year 1846, and of the independence of the United States the 71st. In witness whereof, we have hereunto subscribed our names, John Tracy, President and delegate from the county of Chenango ; James F. Starbuck, H . W. Strong, Fr. Seger, Secretaries." The constitution now in force is this third constitution of 1846, with the amendments thereto. Amendments to the constitution are proposed in the senate and as- sembly, and if the same are agreed to by a majority of the members elected to each of the two houses, such proposed amendments are en- tered on their journals, with the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election of senators, and published for three months previous to the time of making such choice ; and if, in the legislature so next chosen as aforesaid, such proposed amendments are agreed to by a ma- jority of all the members elected to each house, then it is the duty of the legislature to submit such pro- posed amendments to the people in such manner and at such time as the legislature prescribes ; and if the people approve and ratify such amendments by a majority of the electors qualified to vote for mem- bers of the legislature voting thereon, such amendments become part of the constitution. The second section of the thirteenth article of this third constitution provided that, "At the general election to be held in the year 1866, and in each twentieth year thereafter, and also at such time as the legislature may by law pre- scribe, the question, ' Shall there be a convention to revise the constitu- tion and amend the same ? ' shall be decided by the electors qualified to STATE BOUNDARIES. 407 vote for members of the legislature ; and in case a majority of the electors so qualified voting at such election shall decide in favour of a conven- tion for such purpose, the legislature at its next session shall provide by law for the election of delegates to such convention." A convention held in 1867, pursuant to this second section, proposed a new constitution, which was voted upon in parts in November 1869, and rejected, except article 6 (sees. 1 to 27, both inclu- sive, of the amended constitution now in force). Also, in pursuance to this second section, the question of hav- ing a convention was submitted to the vote of the people at the general elections held upon Tuesday, the 9th day of November 1886, and decided affirmatively. The boundaries of the State of New York are as follows : Beginning at Lyon's Point in the mouth Eastern. / , , . , ot a brook or river called Byram river, where it falls into Long Island Sound, and running thence up along said river to a rock at the ancient road or wading-place in said river, which rock bears north 12 and 45' east, 550 rods from said point ; then north 23 and 45' west, 2292 rods ; then east-north-east 13 miles and 64 rods, which lines were established in the year 1725 by Francis Harrison, Cadwallader Col- den, and Isaac Hicks, commissioners on the part of the then province of New York, and Jonathan Law, Sam- uel Eells, Roger Wolcott, John Copp, and Edmund Lewis, commissioners on the part of the then colony of Connecticut, and were run as the magnetic needle then pointed ; then along an east-north-east continuation of the last-mentioned course 1 mile, | of a mile, and 21 rods to a monu- ment erected in the year 1731 by Cadwallader Colden, Gilbert Willet, Vincent Matthews, and Jacobus Bruyn, junior, commissioners on the part of said colony ; which said mon- ument is at the south-east corner of a tract, known and distinguished as the oblong or equivalent lands ; then by a line run by said last-mentioned commissioners on a course south 12 and 30' west, from a monument erected by them in the south bounds of Massachusetts ; which monument stands in a valley in the Taghkanick Mountains, 121 rods eastward from a heap of stones, in said bounds on the top or ridge of the most westerly of said mountains ; then north 12 and 30' east from a monument erected by said last-mentioned commissioners at said place of intersection, and stand- ing on the north side of a hill south- easterly from the easternmost end of the long pond along the aforesaid line to the aforesaid monument erected in the south bounds of Mas- sachusetts, being the north-east corner of the oblong ; then west 9 south along the north bounds of the oblong, 1 mile, f of a mile, 21 rods, and 5 links, to a monument erected by said commissioners at the north-west cor- ner of the oblong, and at the distance of 20 miles from Hudson's river ; which four last-mentioned lines were established by said last - mentioned commissioners, and were run by them as the magnetic needle pointed in the year 1731 ; then north 15 12' and 9" east, along the line established in the year 1787, by Thomas Hutchins, John Ewing, and David Rittenhouse, commissioners appointed by the Unit- ed States in Congress assembled, 50 miles, 41 chains, and 79 links, to a red or black oak-tree, marked by said commissioners, which said line was run by said last-mentioned commis- sioners, as the magnetic needle pointed in the year 1787 ; then north 82 and 20' west, as the magnetic needle pointed in the year 1814, 50 chains to a monument erected for the south- west corner of the State of Vermont, by Smith Thompson, Simeon De Witt, 408 STATE BOUNDARIES. and George Tibbits, commissioners on the part of this state, and Joseph Beeman, junior, Henry Olin, and Joel Pratt, second, commissioners on the part of the State of Vermont, which monument stands on the brow of a high hill, descending to the west ; then northerly in a straight line to a point which is distant 10 chains, on a course south 35 west, from the most westerly corner of a lot of land distinguished in the re- cords of the town of Pownal, in the State of Vermont, as the fifth divi- sion of the right of Gamaliel Wallace, and which in the year 1814 was owned and occupied by Abraham Vosburgh ; then north 35 east to said corner, and along the westerly bounds of said lot, 30 chains to a place on the westerly bank of Hosick river, where a hemlock-tree hereto- fore stood, noticed in said records as the most northerly corner of said lot ; then north 1 and 20' west, 6 chains to a monument, erected by the said commissioners, standing on the west- erly side of Hosick river, on the north side of the highway leading out of Hosick into Pownal, and near the north-westerly corner of the bridge crossing said river ; then north 27 and 20' east, 30 chains through the bed of the said river to a large roundish rock on the north-easterly bank thereof ; then north 25 west, 16 chains, and 70 links; then north 29 west, 18 chains, and 60 links, to a white-oak tree at the south-west corner of the land occupied in 1814 by Thomas Wilsey ; then north 11 east, 77 chains to the north side of a highway, where it is met by a fence dividing the possession of said Thomas Wilsey, junior, and Emery Hunt ; then north 46 east, 6 chains ; then south 66 east, 26 chains, and 25 links ; then north 9 east, 27 chains, and 50 links, to a blue slate- stone, anciently set up for the south- west corner of Bennington ; then north 7 and 30' east, 46 miles, 43 chains, and 50 links, to a bunch of hornbeam saplings on the south bank of Poultney river, the northernmost of which was marked by said last- mentioned commissioners, and from which a large butternut - tree bears north 70 west, 30 links, a large hard maple - tree south 2 chains and 86 links, and a white ash-tree on the north side of said river, north 77 east ; which said several lines from the monument erected for the south- west corner of the State of Vermont were established by said last-men- tioned commissioners, and were run by them as the magnetic needle pointed in the year 1814 ; then down the said Poultney river, through the deepest channel thereof to East Bay ; then through the middle of the deep- est channel of East Bay and the waters thereof, to where the same communicate with Lake Champlain ; then through the middle of the deep- est channel of Lake Champlain to the eastward of the islands called the Four Brothers, and the westward of the islands called the Grand Isle and Long Isle, or the Two Heroes, and to the westward of the Isle-La- Mott, to the line in 45 of north latitude, established by treaty for the boundary-line between the United States and the British dominions ; then west along said line to the river St Lawrence ; then along the line es- tablished by the commis- sioners appointed under the sixth article of the Treaty of Ghent, into and up the said river St Law- rence to the waters of Lake Ontario ; then along the said line through the waters of said lake and of the Niagara river to the waters of Lake Erie ; then westerly through the same, and along the said line until intersected by a meridian line drawn through the most westerly bent or inclination of Lake Ontario ; then south along said meridian line Northern. Western. STATE BOUNDARIES. 409 Southern. to a monument in the beginning of the 43 of north latitude, erected in the year 1787 by Abraham Harden- burgh and William W. Morris, com- missioners on the part of this state, and Andrew Ellicott and Andrew Porter, commissioners on the part of the State of Pennsylvania, for the purpose of making the termination of the line of jurisdiction between this state and the said State of Penn- sylvania ; then east along the line established and marked by said last-mentioned com- missioners to the 90th milestone in the same parallel of latitude, erected in the year 1786 by James Clinton and Simeon De Witt, commissioners on the part of this state, and Andrew Ellicott, commissioner on the part of Pennsylvania, which said 90th mile- stone stands on the western side of the south branch of the Tioga river ; then east along the line established and marked by said last-mentioned commissioners, to a stone erected in the year 1774 on a small island in the Delaware river by Samuel Hol- land and David Rittenhouse, com- missioners on the part of the colonies of New York and Pennsylvania, for the purpose of marking the beginning of the 43 of north latitude ; then down along said Delaware river to a point opposite to the fork or branch formed by the junction of the stream called Mahackamack with the said Delaware river, in the latitude of 41 21' and 37" north; then in a straight line to the termination, on the east bank of the Delaware river, of a line run in the year 1774 by William Wickham and Samuel Gale, commis- sioners on the part of the then colony of New York, and John Stevens and Walter Rutherford, commissioners on the part of the then colony of New Jersey ; then along said line to a rock on the west side of Hudson's river, in the latitude of 41 north, marked by said commissioners ; then southerly along the west shore, at low- water mark, of Hudson's river, of the Kill Van Kull, of the sound between Staten Island and New Jer- sey, and of Raritan Bay to Sandy Hook ; and then to the place of be- ginning, in such manner as to include Staten Island, and the islands of Meadow on the west side thereof, Shooter's Island, Long Island, the Isle of Wight (now called Gardner's Island), Fisher's Island, Shelter Is- land, Plumb Island, Robin's Island, Ram Island, the Gull Islands, and all the islands and waters in the bay of New York, and within the bounds above described. By an agreement made between the commissioners on the parts respec- tively of the State of New York and of the State of New Jersey, and dated 16th September 1833, and which be- came binding on the two states when confirmed by the legislatures thereof respectively, and when confirmed by the Congress of the United States, it was agreed that the boundary-line down the Hudson as described to the main sea should be the middle of the said river, of the bay of New York, of the waters between Staten Island and New Jersey, and of Raritan Bay, to the main sea, except as thereinafter otherwise particularly mentioned. The State of New York retained its then jurisdiction of and over Bedlow's and Ellis's islands, and exclusive juris- diction of and over the other islands lying in the waters above-mentioned, and then under the jurisdiction of that state. By Article III. of this agreement the State of New York was given ex- clusive jurisdiction of and over all the waters of the bay of New York and of Hudson river lying west of Man- hattan Island, and to the south of the mouth of Spuytenduyvel Creek, and of and over the lands covered by the said waters to the low-water mark on the westerly or New Jersey side 410 STATE BOUNDARIES. thereof ; subject to the following rights of property and of jurisdiction of the State of New Jersey viz., The State of New Jersey was to have 1st, the exclusive right of property in and to the land under water lying west of the middle of the bay of New York, and west of the middle of that part of the Hudson river which lies between Manhattan Island and New Jersey ; 2d, the exclusive jurisdic- tion of and over the wharves, docks, and improvements on the shore of the said state, and of and over all vessels aground on said shore, or fastened to any such wharf or dock, except that the said vessels should be subject to the quarantine or health laws, and laws in relation to passengers, of the State of New York ; 3d, the exclu- sive right of regulating the fisheries on the westerly side of the middle of the said waters, provided that the navigation be not obstructed or hin- dered. Article IV. gave the State of New York exclusive jurisdiction of and over the Kill Van Kull between Staten Island and New Jersey to the westernmost end of Shooter's Island, in respect to such quarantine laws and laws relating to passengers, and for executing the same ; and also ex- clusive jurisdiction for the like pur- poses of and over the waters of the sound from the westernmost end of Shooter's Island to Woodbridge Creek, as to all vessels bound to any port in the State of New York. Article, V. The State of New Jersey got ex- clusive jurisdiction of and over all the waters of the sound between Staten Island and New Jersey lying south of Woodbridge Creek, and of and over all the waters of Raritan Bay lying westward of a line drawn from the lighthouse at Prince's Bay to the mouth of Mattawan Creek, subject to the following rights of property and of jurisdiction of the State of New York : 1st, the exclusive right of property in and to the land under water lying between the middle of the said waters and Staten Island ; 2d, the exclusive jurisdiction of and over the wharves, docks, and improve- ments on the shore of Staten JLsland, and of and over all vessels aground on said shore, or fastened to any such wharf or dock, except that the said vessel shall be subject to the quaran- tine or health laws, and laws in re- lation to passengers of the State of New Jersey ; 3d, the exclusive right of regulating the fisheries between the shore of Staten Island and the middle of the said waters, provided that the navigation of the said waters be not obstructed or hindered. Article VI. provided that criminal process issued under the authority of the State of New Jersey against any person accused of an offence committed within that state, or committed on board of any vessel being under the exclusive juris- diction of that state as aforesaid, or committed against the regulations made or to be made of that state in relation to the fisheries mentioned in the 3d article ; and also civil process issued under the authority of the State of New Jersey against any per- son domiciled in that state, or against property taken out of that state to evade the laws thereof, may be served upon any of the said waters within the exclusive jurisdiction of the State of New York, unless such person or property shall be on board a vessel aground or fastened to the shore of the State of New York, or fastened to a wharf adjoining thereto, or unless such person shall be under arrest, or such property shall be under seizure by virtue of process or authority of the State of New York. Article VII., in similar terms, muta- tis mutandis, gave to the State of New York similar right of serving criminal and also civil process against persons and property upon any of the waters within the exclusive juris- diction of the State of New Jersey. STATE BOUNDARIES. 411 The Act of the New York legislature confirming this agreement is chap. 8 of the laws of 1834. By an Act of the legislature of the commonwealth of Massachusetts, passed in May 1853, entitled, "An Act relating to the separation of the district of Boston corner from this commonwealth, and the cession of the same to the State of New York," sovereignty and jurisdiction over that portion of Massachusetts was ceded to New York ; and by chap. 586 of the laws of 1853, entitled, " An Act accepting the sovereignty and juris- diction over a certain portion of terri- tory of the commonwealth of Massa- chusetts, ceded to the State of New York, upon certain conditions, by said commonwealth in 1853," the State of New York accepted such sovereignty and jurisdiction, but the acceptance "not to take effect until the Congress of the United States shall consent to such cession and an- nexation. " By the second section of the New York Act, it was enacted that, until the proclamation provided in said Massachusetts Act should be issued, the courts of the common- wealth of Massachusetts should have authority to take and hold effectual civil and criminal jurisdiction in any cause or matter pending, or which arose anterior to the issuing of the said proclamation ; and by the third section the governor of New York State, for the better denning the limits and extent of the ceded terri- tory, should appoint commissioners to act in conjunction with Massachu- setts commissioners, who should cause an accurate survey and map to be made of said territory, and " cause sufficient monuments to be erected in and along the eastern boun- dary - line of said territory, and shall cause the said map and sur- vey to be duly authenticated and filed in the office of the secretary of this state, as record evidence of the extent and limits of such cession. " In a similar manner the State of Vermont ceded, in 1879, sovereignty and jurisdiction over a part of its territory to New York, which ac- cepted the same by an Act which should take effect when the Congress of the United States should consent to such cession and annexation. The boundaries between the State of New York and the States of Con- necticut and Pennsylvania respec- tively having been settled by com- missioners appointed by each state respectively, Acts were passed by the legislature of the State of New York ratifying and confirming the respective agreements of the said commissioners. The Connecticut agreement provided that "Nothing in the foregoing agreement contained shall be construed to affect existing titles to property, corporeal or incor- poreal, held under grants heretofore made by either of said states, nor to affect existing rights which said states, or either of them, or which the citizens of either of said states may have by grant, letters-patent, or prescription, of fishing in the waters of said sound, whether for shell or floating fish, irrespective of the boundary-line hereby established, it not being the purpose of this agree- ment to define, limit, or interfere with any such rights or privileges, whatever the same may be." By the New York Act of ratification of this agreement, chap. 213, laws of 1880, the governor (of New York) was authorised and requested to transmit a copy of this Act to the governor of the State of Connecticut ; and upon receiving due notice of the adoption of said agreement by the State of Connecticut, the governor of New York State should cause such notice to be filed in the office of the secretary of state ; and upon the same being so filed, the said agree- 412 STATE SURVEY SOVEREIGNTY AND JURISDICTION OF THE STATE. ment should become binding and operative, and in full force ; and the boundary between this state (New York) and the State of Connecticut should be fixed and established, as specified and provided in said agree- ment. By the laws of 1878, chap. 216, certain commissioners were reap- pointed to provide for the speedy completion of the state survey con- ducted in accordance with their last report to the legislature, namely ' ' The work is to be confined to fixing such meridian and other lines and points as are necessary to give cor- rect bases for county, town, and other surveys, so that they may be of permanent value at any time in the future." And a report should be made annually by the commis- sioners to the legislature showing in detail all expenditures and proceed- ings, and so far as practicable all results obtained by virtue of this Act. By chap. 370 of said laws the time for the completion of the topo- graphical survey and exploration of the Adirondack wilderness region was limited to six years from the passage of the Act ; and the topo- graphical character of the work should be completed in all respects throughout the area under survey. A full report on the progress of the survey should be annually presented to the legislature within sixty days after the meeting thereof. The sovereignty and jurisdiction of the state extends to all the places within its boundaries, but its jurisdic- tion over places ceded to the United States is qualified by the terms of cession. It is the duty of the gover- nor and of all the subordinate officers of the state to maintain and defend its sovereignty and jurisdiction. It is the duty of the district attorney of the county immediately to report to the governor the intrusion upon any of the waste or ungranted lands of the state of any person, under pre- tence of any claim inconsistent with the state sovereignty and jurisdiction, and thereupon the governor, by a written order, directs the sheriff of the county to remove from said lands the person so intruding ; and the sheriff, in case of resistance made or threatened, may call to his aid the power of the county, as in the case of resistance to the writs of the people. Suits against the state, or against any person deriving title from the state, to recover lands within the state under pretence of any claim inconsistent with its sovereignty and jurisdiction, are defended at the ex- pense of the state. When jurisdic- tion over a tract of land is ceded to the United States, it is always stipu- lated that the cession shall not pre- vent the execution upon such tract of any process, civil or criminal, issu- ing under authority of the state, nor the operation of the public laws of the state upon the tract, so far as not incompatible with the free use and enjoyment of the premises by the United States for the purposes spe- cified. In some cases, according to circumstances, there may be added such clauses as these, " the said tract is exonerated and discharged from any taxes which may be laid or imposed under the authority of this state, while said tract shall re- main the property of the Government of the United States, and while the same shall be appropriated to the above-mentioned purposes and not otherwise" "such cession does not prevent the execution of any process at law under the authority of this state, except against the real or per- sonal property of the Government of the United States." Where the jurisdiction ceded is merely concur- rent, a clause is inserted stating that the cession is upon the ex- press condition that the state shall retain a concurrent jurisdiction with THE CIVIL DIVISIONS OF THE STATE. 413 the United States in and over the tract of land aforesaid, so far as that civil process in all cases, and such criminal process as may issue under the authority of the state against any persons charged with crimes committed without the said tract of land, may be executed therein in the same way or manner as if this jurisdiction had not been ceded; the United States are to retain such jurisdiction so long as the said tract of land shall be used for the pur- poses expressed in the cession and no longer. In some cases, it is stip- ulated that the jurisdiction ceded shall not vest until the United States have acquired the title to the tract, and shall continue so long as the same shall remain the property of the United States, and be used for the purposes expressed, and no longer. And it is the same as regards the ex- emption from taxation. In"" all cases the ceded jurisdiction reverts to the state, and the exemption from taxa- tion is merely temporary. By chap. 196 of the laws of 1880, " All the right and title of the State of New York to the following described parcels of land covered with water adjacent and contiguous to the lands of the United States in the harbour of New York at Governor's, Bedloe's, Ellis's and David's Islands, and forts Lafayette, Hamilton, Wadsworth (or Tompkins), and Schuyler, and juris- diction over the same, are hereby released and ceded to the United States, . . . for the purposes of erecting and maintaining docks, wharves, boat-houses, sea-walls, bat- teries, and other needful structures and appurtenances, . . . pro- vided that jurisdiction hereby ceded shall continue no longer than the United States shall own said lands at Governor's . . . and the ad- jacent lands covered with water, herein described and hereby re- leased ; and provided further that all civil and such criminal process as may lawfully issue under author- ity of this state, may be served or executed over said released lands, Sec. 2. The commissioners of the land office are hereby authorised and directed to issue a patent of said released lands to the United States. " THE CIVIL DIVISIONS OF THE STATE. 1. COUNTIES. The State of New York is divided into fifty-six counties, and the extent and limits of the several counties are particularly set forth e.g., "5. The county of New York shall contain the islands called Manhattan's Is- land, Great Barn Island, Little Barn Island, Manning's Island, Nutten Island, Bedlow's Island, Bucking Island, and the Oyster Island ; and all the land under water within the following bounds beginning at Spuy- tenduyvel Creek where the same empties itself into the Hudson river on the Westchester side thereof at low-water mark, and running thence along the said creek, at low-water mark, on the Westchester side there- of, to the East river or Sound ; then to cross over to Nassau or Long Is- land, to low-water mark there, in- cluding Great Barn Island, Little Barn Island, and Manning's Island ; then along Nassau or Long Island shore, at low - water mark, to the south side of the Redhook ; then across the North river, so as to in- clude Nutten Island, Bedlow's Is- land, Bucking Island, and the Oyster Islands, to the west bounds of the state ; then along the west bounds of the state until it comes directly op- 414 THE CIVIL DIVISIONS OP THE STATE. posite to the first-mentioned creek, and then to the place where the said boundaries began." All lines which are described by courses indicated by the magnetic needle, are respectively to be taken as the magnetic needle pointed at the several times when such lines were originally established. None of the bounds or lines assigned for the limits of any of the counties are construed to affect the right or title of any person or body politic, or to confirm the bounds or rights of any patent whatsoever. Whenever two counties are separated from each other by a river or creek, the middle of the channel of such river or creek is the division - line between them, unless otherwise provided. When- ever the boundary-line crosses any island, the whole of such island is deemed to be within the county in which the greater part of it lies, unless otherwise directed. The coun- ties of Kings, Richmond, and New York, for the purpose of serving all process, civil or criminal, have con- current jurisdiction on the waters in the counties of Kings and Richmond, lying south of the bounds of the county of New York. All process issuing to officers of either of the counties bordering on the Seneca Lake, may be served upon the waters of that lake by any officer or person charged with the service thereof ; and these counties, for all the pur- poses of civil and criminal process, have concurrent jurisdiction on the said waters. By Act of the legisla- ture, part of an existing county can be erected into a separate and distinct county of the state, and a name is given to it; "and the freeholders and inhabitants thereof shall possess and enjoy all the rights and immuni- ties which the freeholders and in- habitants of the several counties of this state are by law entitled to pos- sess and enjoy." Should the boun- dary - line of the new county run through a town (township), all those parts on either side of such line are respectively provided for, so that each county contains none but whole towns ; and when the part cut off and included in the new county is made a separate and distinct town, a name is given it, "and the free- holders and inhabitants thereof shall possess and enjoy all the rights, privi- leges, and immunities which the free- holders and inhabitants of the several towns of this state are entitled by law to possess and enjoy." When the county of Schuyler was in 1854 erected from parts of the counties of Steuben, Chemung, and Tompkins, the electors of the terri- tory embraced within the new county of Schuyler, until after the then next state census or enumeration, continued to vote for members of the legislature and justices of the supreme court as electors of the re- spective counties to which they had theretofore belonged ; but for all other purposes they voted as electors of Schuyler county, and belonged to and formed a part of the 27th con- gressional district of the state. A copy of the original statements of all or any elections in any of the towns of the new county for members of the legislature and justices of the supreme court, duly certified pur- suant to the provisions of law re- specting elections for other than militia and town officers, was made by the inspectors, and subscribed and delivered to one of the assessors of such town, who delivered it to the board of canvassers of the county from which such town was taken, in order to enable such board of county canvassers to canvass the last- mentioned county. This statement has the same effect as the original statement would have had if deliv- ered by the supervisor of said town, and if said town had not been thus set off to the county of Schuyler, un- THE CIVIL DIVISIONS OF THE STATE. 415 til the next state census or enumera- tion. The books, records, and papers belonging to the several clerks' and surrogates' offices of the counties of Chemung, Steuben, and Tompkins remained the property of each re- spectively, but such papers thereof as concerned the county of Schuyler and the real property therein were transcribed and copied into suitable books provided for the purpose at the expense of the county of Schuy- ler. The copies in these books were verified on oath as true copies, and deposited in the clerk's office in the county of Schuyler ; and these copies, or exemplifications thereof, are from thenceforth received, accredited, and considered in all courts and places as evidence, and have the same force and effect as the original records, or exemplifications thereof, could or would have. All the county officers for Schuyler county, authorised by law to be elected, were elected at the then next general election in the state ; and the officers elected there- at held their offices respectively for the term, as provided by law, for the offices to which they were elected, estimating the time from the first day of January next after their election. The county courts and general sessions of the peace, and also the circuit courts and courts of oyer and terminer, and general jail-delivery in and for the county of Schuyler, were to be held at the court-house to be erected in the county in pursuance of the Act erecting said county ; and until then these courts were to be held at such place in the county as the board of supervisors thereof, or a majority of them, should appoint in writing under their hands, which ap- pointment should be entered on the minutes of said board at least thirty days before the time of holding said court, and the clerk of said board should immediately cause a copy of such appointment to be published in all of the newspapers printed in the county. The prisoners of the county should be confined in the jail of the county of Chemung until the jail to be erected should be furnished in such manner as in the opinion of the sheriff of the county would confine the prisoners, when it should be law- ful for the sheriff to remove and com- mit them to the jail of the county of Schuyler, and the account of the sheriff of the county of Chemung, for the custody, maintenance, and deten- tion of all such prisoners as might be thus committed to his charge, should be audited, levied, collected, and paid in the same manner as other contin- gent expenses of said county. There should be appointed in and for the county of Schuyler, in the manner provided by law, two "commission- ers for loaning certain moneys of the United States " of the county of Schuyler ; immediately after such commissioners should have qualified and given the bonds required by law, there should be transferred and de- livered to them, and for their care and management, all the mortgages executed to, or in* the custody of, such commissioners for either of the counties of Steuben, Chemung, and Tompkins, covering lands within the territory of the county of Schuyler ; and thereafter the commissioners should exercise the same powers, and be subject to the same diities and responsibilities in relation to said mortgages, as if the same had been originally taken by, and executed to, them, the said commissioners of Schuyler, as such commissioners. In 1881, all that territory com- prised within the limits of the North Brothers Island, being the northerly island of the islands called the Two Brothers, in the county of Queens, with the inhabitants and estates therein, were set off from the county of Queens, annexed to, merged in, 416 THE CIVIL DIVISIONS OF THE STATE. and made part of the city and county of New York, subject to the same jurisdiction, laws, ordinances, regula- tions, and liabilities, and entitled to the same rights, privileges, franchises, and immunities in every respect, and to the same extent as if such island had been included within the said city and county of New York at the time of the adoption of the first charter and organisation thereof, and had so remained up to the passage of | the Act effecting said annexation, except, however, that until constitu- tionally and legally changed, said territory should remain in, and con- stitute a part of, the same election district in which it had heretofore been subject to existing laws. This annexed territory was constituted a part of the 23d ward of the city of New York, subject to the laws, regulations, ordinances, and juris- diction then in force or thereafter established. In 1881 the boundary-line between the counties of Queens and Suffolk was (by Act) extended northwardly into Long Island Sound, at a right \ angle to the general trend of the coast, until it intSrsected the bound- ary-line between the States of New York and Connecticut, as then lately established by the commissioners of the said states, and confirmed by the respective legislatures thereof. The boundary - lines of the several towns in the counties of Queens and Suffolk that adjoin Long Island Sound were extended northwardly into Long Island Sound at right angles to the ' general trend of the coast at their j several respective points, until they intersected the boundary-line between the States of New York and Connec- ticut, lately established and confirmed as aforesaid. The jurisdiction of the legally constituted officers of Queens and Suffolk counties, and of the respective towns of said counties bordering on Long Island Sound, was extended over the waters of said Sound to the Connecticut state line. 2. SENATE DISTRICTS. At the first session after the return of every enumeration made of the in- habitants of the- state, the senate dis- tricts are so altered by the legisla- ture that each district contains as nearly as may be an equal number of inhabitants excluding aliens, pau- pers, and persons of colour not taxed. Each senate district is required at all times to consist of contiguous terri- tory, and no county can be divided in the formation of a senate district. By the laws of 1879, chap. 206, the senate districts of the State of New York, from and after the passage of the Act, were to consist as therein stated, and to be 32 in number. The city of New York was divided into several districts, each of so many wards the wards even being divided. The fifth senate district was to con- sist of the county of Richmond and the then 1st, 2d, 3d, 5th, 6th, 8th, and 14th wards, and part of the 9th ward of the city of New York. 3. CONGRESSIONAL DISTRICTS. Each district is entitled to elect one member. By chap. 798 of the laws of 1873, the State of New York was divided for the election of repre- sentatives in Congress of the United States into 33 districts, each com- posed of so many counties or wards of cities a w r ard in some cases being divided, but no county being divided. No congressional district was com- posed of a county with one or more city wards added. 4. TOWNS. Each county is composed of so many towns, whose boundaries are clearly described in the same manner as the THE CIVIL DIVISIONS OP THE STATE. 417 boundaries of counties and states. The number of towns in each county varies ; and from time to time, as ex- isting towns are taken from or added to, or new towns are erected, the to- tal number increases or diminishes, but the tendency is to increase. The general rules as to towns are : ( 1. ) All lines described by courses indicated by the magnetic needle, are respec- tively to be taken as the magnetic needle pointed at the several times when such lines were originally estab- lished. (2.) None of the bounds or lines assigned for the limits of any town is construed to affect the right or title of any person or body politic, or to confirm the bounds or right of any patent whatsoever. (3.) When- ever two towns are separated from each other by a river, creek, or lake, the middle of the channel of such river, creek, or lake is the division- line between them, unless "otherwise provided. (4.) Whenever the bound- ary-line between two towns crosses an island, the whole of such island is deemed to be within the town in which the greater part of it lies, un- less otherwise provided. There are upwards of 1000 towns in the State of New York. 5. CITIES. All lines which, in the bounds of the cities or wards, are described by courses indicated by the magnetic needle, are respectively to be taken as the magnetic needle pointed at the several times when such lines were originally established. None of the boundary -lines assigned for the limits of any city or ward is construed to affect the right or title of any person or body politic, or to confirm the bounds or right of any patent whatsoever. In the State of New York are presently 25 cities viz., (1) Albany, (2) Auburn, (3) Bing- hampton, (4) Brooklyn, (5) Buffalo, (6) Cohoes, (7) Dunkirk, (8) Elmira, (9) Hudson, (10) Kingston, (11) Lock- port, (12) Long Island City, (13) New- burgh, (14) New York, (15) Ogdens- burgh, (16) Oswego, (17) Poughkeep- sie, (18) Rochester, (19) Rome, (20) ! Schenectady, (21) Syracuse, (22)Troy, | (23) Utica, (24) Watertown, (25) Yonkers. 6. GENERAL PROVISIONS CONCERNING the ERECTION and ALTERATION of COUNTIES, CITIES, VILLAGES, and TOWNS. 1. All persons intending to apply to the legislature for the erection of a new county, or for the incorpora- tion of a city or village, or for any alteration of the bounds of any county, city, or village, shall cause notice to be published of such intended appli- cation as required by law ; and shall also procure an accurate survey and map of the territory described in. such application. 2. Such survey and map shall be duly verified by the oath of the sur- veyor making the same, and shall be laid before the legislature before any such application shall be acted on. 3. In case any law shall be passed by the legislature pursuant to such application, the aforesaid survey and map shall be filed in the office of the surveyor-general of this state. 4. No town in this state shall be divided or altered in its bounds, nor shall any new town be erected with- out an application to the legislature by the inhabitants of such town so to be divided or altered, or of the several towns out of which such new town is to be erected, or some of them ; and notice in writing of such intended application, subscribed by at least five persons resident and freeholders in such town or towns, shall be affixed on the outer door of the house where the next town meet- ing is to be held in each of the towns 2 D 418 THE CIVIL DIVISIONS OF THE STATE. to be affected thereby, at least ten days previous to the town meeting in each of these towns. 5. A copy of such notice shall also be read at the town meeting of every town to be affected thereby, to the electors there assembled, by the clerk of the town, immediately before pro- ceeding to the election of town offi- cers. 6. The persons applying for the division or alteration of the bounds of any town, or for the erection of a new town, shall also procure such survey and map as is required in the first section of this title, which shall be laid before the legislature and filed with the surveyor-general as above provided. N.B. Sections 4 and 5 have not been expressly repealed, although they are probably to be deemed superseded by subsequent Acts conferring powers upon boards of supervisors. 7. ASSEMBLY DISTRICTS. By chap. 208 of the laws of 1879 the number of members of assembly of this state thereafter to be chosen in the several counties thereof was set forth. Each county got one member, and some counties more than one. By section 3 of said Act the supervisors of those counties which were entitled to more than one member of assembly, except in the city and county of New York, and in said city and county the board of aldermen of said city, were to meet on the third Tuesday of June then next, at the place where their meetings were last held, and to organise by appointing one of their number as chairman and another as secretary, and to proceed to divide their respective counties into so many assembly districts as they were en- titled respectively to members of assembly under said Act, and there- upon make their certificates respec- tively, containing a description of each assembly district, specifying the number of each district and the popu- lation thereof according to the last state census. These certificates were respectively signed by a majority of the supervisors respectively, except in the city and county of New York, and in said city and county by a majority of the board of aldermen of said city ; and duplicate certificates were filed in the office of the secre- tary of state and the office of the clerk of their respective counties. 8. JUDICIAL DISTRICTS. The State of New York is divided into eight judicial districts, pursuant to the fourth section of the sixth article of the constitution, arranged as follows : 1. The city of New York. 2. The counties of Richmond, Suf- folk, Queens, Kings, West- chester, Orange, Rockland, Putnam, and Dutchess. 3. The counties of Columbia, Sul- livan, Ulster, Greene, Albany, Schoharie, and Rensselaer. 4. The counties of Warren, Sara- toga, Washington, Essex, Franklin, St Lawrence, Clin- ton, Montgomery, Hamilton, Fulton, and Schenectady. 5. The counties of Onondaga, Oneida, Oswego, Herkimer, Jefferson, Lewis, and Schuy- ler. 6. The counties of Otsego, Dela- ware, Madison, Chenango, Broome, Tioga, Chemung, Tompkins, and Cortland. 7. The counties of Livingston, Wayne, Seneca, Yates, On- tario, Steuben, Monroe, and Cayuga. 8. The counties of Erie, Chau- tauqua, Cattaraugus, Orleans, Niagara, Genessee, Allegany, and Wyoming. These judicial districts may be STATE CENSUS. 419 altered by act of the legislature. By the laws of 1870, chap. 408, the state was divided into four de- partments First consists of the first judicial district. Second consists of the second judi- cial district. Third consists of the third, fourth, and sixth judicial districts. Fourth consists of the fifth, seventh, and eighth judicial districts. CENSUS. By the laws of 1855, chap. 64, an enumeration of the inhabitants of this state is to be taken every tenth year after 1855. The Secretary of State appoints one or more enumer- ators in and for each town and ward, as the case may be, who have been residents of such ward or town at least one year before such appoint- ment. On the 1st day of June in each census year the enumerators proceed to enumerate, truly and ac- curately, the inhabitants residing in the ward, town, or district" for which they have been respectively appoint- ed, by making actual inquiry at every dwelling-house, or of the head of every family residing therein, and to obtain the statistical information required by such convenient means as may be in their power. Every person whose usual place of abode is in any family on the census day is returned as of such family, and every person casually absent at the time of taking the enumeration as belonging to that place in which he usually resides. The returns, duly certified, with duplicate copies thereof carefully made and compared, and duly cer- tified, have to be delivered to the county clerk of the county in which the enumerators reside on or before the 1st day of July thereafter. The duplicate returns filed in his office are carefully boxed, and immediately transmitted by the county clerk, by express, to the secretary of state at Albany. The secretary of state, after receiving these duplicates, pre- pares and reports to the legislature a general account of the enumeration, specifying the result thereof in the several towns, wards, cities, and counties of the state, with a full re- capitulation of the whole. Any per- son being the head of a family or member thereof, above the age of twenty-one years, who refuses to give any enumerator the information re- quired by him relative to any of the particulars which such enumerator is required to state in his returns, or wilfully gives false information, for- feits and pays a penalty of $50, to be sued for and recovered, with costs of suit, by and in the name of the supervisor of the town of such person, and to be paid over to the town superintendent for the benefit of the common schools of such town ; except in New York city, where the suit is in name of the mayor, aldermen, and commonalty, and the penalty is paid over to the Board of Education for the benefit of the common schools in the city. The secretary of state appoints suitable enumerators to enu- merate the Indians residing on the several reservations in the state, and who return the number of acres of land cultivated by the Indians, and such other statistics as it may be in their power to collect, and as the secretary of state prescribes in his instructions. The county clerk causes the original returns filed, carefully arranged by towns or wards, to be bound by the 1 st day of January fol- lowing the census, and carefully pre- served among the records of his office. The compensation of the enumerators 420 RIGHTS OP CITIZENS AND INHABITANTS OF THE STATE. is $3 for each day actually and neces- sarily employed in making the enum- eration and the duplicate copy of the returns. The supervisors of the re- spective counties audit the accounts of the enumerators and of the county and town clerks, and the amounts are assessed, collected, and paid as part of the contingent expenses of the re- spective counties. But no account is allowed unless the secretary of state has notified the clerk of the board of supervisors of the receipt and acceptance of the returns for which compensation is claimed. A state census was accordingly taken in 1855, 1865, and 1875; but the legislature having failed to make the necessary provision for the ex- penses no census was taken in 1885. RIGHTS OF CITIZENS AND INHABITANTS OF THE STATE. 1. No authority can, on any pre- tence whatsoever, be exercised over the citizens of this state but such as is or shall be derived from and grant- ed by the people of this state. 2. No tax, duty, aid, or imposition whatsoever, except such as may be laid by a law of the United States, can be taken or levied within this state without the grant and assent of the people of this state by their representatives in senate and assem- bly ; and no citizen of this state can be by any means compelled to con- tribute to any gift, loan, tax, or other like charge, not laid or imposed by a law of the United States or by the legislature of this state. 3. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed. 4. No citizen of this state can be constrained to arm himself, or to go out of this state, or to find soldiers or men of arms, either horsemen or footmen, without the grant and assent of the people of this state, by their representatives in senate and assem- bly, except in the cases specially pro- vided for by the Constitution of the United States. 5. All such inhabitants of this state, of any religious denomination whatever, as, from scruples of con- science, may be averse to bearing arms, are to be excused therefrom by paying to the state an equivalent in money ; and the legislature is re- quired to provide by law for the col- lection of such equivalent, to be esti- mated according to the expense, in time and money, of an ordinary able- bodied militiaman. 6. No soldier can, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be pre- scribed by law. 7. No member of this state can be disfranchised or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers. 8. The trial by jury, in all cases in which it has heretofore been used, is to remain inviolate for ever ; and no new court can be instituted but such as shall proceed according to the course of the common law, except such courts of equity as the legis- lature by the constitution of this ; state is authorised to establish. 9. The free exercise and enjoy- 1 ment of religious profession and worship without discrimination or preference is for ever to be allowed in this state to all mankind ; but the liberty of conscience so secured is not to be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace or safety of this state. RIGHTS OF CITIZENS AND INHABITANTS OF THE STATE. 421 10. The privilege of the writ of habeas corpus cannot be suspended, unless when in cases of rebellion or invasion the public safety may re- quire its suspension. 11. The right of the people to be secure in. their persons, houses, papers, and effects against unreason- able searches and seizures ought not to be violated ; and no warrants can issue but upon probable cause, sup- ported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 12. No person can be held to an- swer for a capital or otherwise in- famous crime (except in cases of impeachment ; and in cases of the militia when in actual service, and of the land and naval forces in time of war, or which this state may keep, with the consent of Con- gress in time of peace, and in cases of petit larceny under the regula- tion of the legislature), unless on presentment or indictment of a grand jury ; and in every trial on impeach- ment or indictment the party accused is to be allowed counsel as in civil actions, or he may appear and de- fend in person. 13. No person can be subject for the same offence to be twice put in jeopardy of life or limb ; nor can he be compelled in any criminal case to be a witness against himself ; nor be deprived of life, liberty, or pro- perty without due process of law ; nor can private property be taken for public use, without just com- pensation. 14. In all criminal prosecutions the accused has a right to a speedy and public trial by an impartial jury, and is entitled to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him ; and to have compul- sory process for obtaining witnesses in his favour. 1 5. Neither justice nor right should be sold to any person, nor denied, nor deferred ; and writs and process ought to be granted freely and with- out delay to all persons requiring the same on payment of the fees estab- lished by law. 16. No citizen of this state ought to be fined or amerced without rea- sonable cause, and such fine or amerce- ment should always be proportioned to the nature of the offence. 17. Excessive bail ought not to be required, nor excessive fines im- posed, nor cruel nor unusual punish- ments inflicted. 18. All elections ought to be free ; and no person, by force of arms, mal- ice, menacing, or otherwise, should presume to disturb or hinder any citizen of this state in the free ex- ercise of the right of suffrage. 1 9. It is the right of the citizens of this state to petition the governor or either house of the legislature ; and all commitments and prosecutions for such petitioning are illegal. 20. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right ; and no law can be passed to restrain or abridge the liberty of speech or of the press. 21. In all prosecutions for libels, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libel- lous is true, and was published with good motives, and for justifiable ends, the party is to be acquitted ; and the jury have the right to determine the law and the fact. By chap. 186 of the laws of 1873, 110 citizen shall, by reason of race, colour, or previous condition of servi- tude, be excepted or excluded from the full and equal enjoyment of any accommodation, advantage, facility, or privilege furnished by innkeep- ers, by common carriers, whether 011 land or water, by licensed owners, 422 INDIANS WITHIN THE STATE. managers, or lessees of theatres or other places of amusement, by trustees, commissioners, superintend- ents, teachers, and other officers of common schools and public institu- tions of learning, and by cemetery associations. Parties convicted of a violation of any part of this provision are guilty of a misdemeanour, and subjected to a fine of from $50 to 0500. Discrimination against any citizen, on account of colour, by the use of the word "white," or any other term, in any law, statute, ordinance, or regulation then existing in the state, was repealed and annulled. By chap. 212 of the laws of 1878, as amended by laws of 1879, chap. 417, it shall not be lawful for the author- ities of any county, city, or village to impose upon the inhabitants of any other county, city, or village within the state, carrying on or de- siring to carry on any lawful trade, business, or calling within the limits thereof, any restriction or condition whatever, except such as may be necessary for the proper regulation of such trade, business, or calling, and such as apply equally and impartial- ly to the citizens of all parts of the state alike, and all ordinances in vio- lation of the provisions of this Act are thereby declared to be null and void. But these provisions do not apply to the ordinances or regulations of any county, city, or village in this state in reference to travelling circuses, shows, and exhibitions. Laws of 1880, chap. 298. Any citi- zen of this state, being the owner and holder of any valid claim against any of the United States, arising upon a written obligation to pay money, made, executed, and delivered by such state, which obligation is past due and unpaid, may assign the same to the State of New York, and de- liver the assignment thereof to the attorney-general of the state. This assignment must be in writing, and duly acknowledged and certified. Every such assignment shall contain a guaranty on the part of the assignor, approved by the attorney-general, of the expenses of the collection of such claim, and it is the duty of the attorney-general, on receiving such assignment, to require, on behalf of such assignor, such security for said guaranty as he shall deem adequate. He then prosecutes to final judgment, &c. ; and delivers to the treasurer of the state, for the use of the assignor, all moneys collected upon the claim, first deducting all expenses, and the treasurer honours the attorney-gen- eral's cheque or draft to the order of the assignor or his legal repre- sentatives upon proof of his or their identity. Laws of 1881, chap. 400. No per- son shall be denied the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of all hotels, inns, taverns, restau- rants, public conveyances on land or water, theatres and other places of public resort or amusement, because of race, creed, or colour. Offenders against this provision are, for every such offence, deemed guilty of a misdemeanour, and punished accord- ingly- INDIANS WITHIN THE STATE. As is customary for state legisla- tures to do, the State of New York, by passing state laws in similar terms, has adopted the several United States statutes relating to Indians within the State of New York. In 1875, it was enacted that, if within ninety days after the passage of the Act, the trustees of " the Thomas Asylum for Orphan and Destitute In- INDIANS WITHIN THE STATE. 423 dian Children," a corporation created by chap. 233 of the laws of 1855, should transfer and convey to the people of the State of New York all of the property of said corporation, the management and control of the asylum should be assumed and con- tinued by ten managers on the part of the state, who should serve with- out pay, and whose term of office should be six years, subject to re- moval at any time by the governor for cause shown ; and all vacancies caused by removal, expiration of term of office, or otherwise, should be filled by the governor, by and with the advice and consent of the senate. The managers, on application, receive destitute and orphan children from each of the several reservations lo- cated within the state, and furnish them such care, moral training, and education, and such instruction in husbandry and the arts of civilisation as they prescribe by their rules and by-laws. The asylum is at all times subject to the visitation, supervision, and control of the state board of charities ; and the managers annu- ally, on or before the fifteenth day of January, report to the legislature the condition of the asylum, including a true account in detail of the receipt and disbursement of all moneys that come into their hands, the number, age, and sex of the destitute and orphan Indian children in the asylum, with the name and reservation to which they belong, and portion of the year each has been maintained and instructed in the asylum. There is annually allowed and appropriated the sum of 38500 for the support and maintenance, at the rate of $85 per capita per annum for each child main- tained and educated. The male members of the St Regis tribe, over twenty-one years of age, met, according to an Act of 1875, on their reservation in the county of Franklin, and elected three trustees and a clerk for their tribe, the trustees to hold office for one, two, and three years, to be decided by lot, the clerk for one year ; and from that time the said electors meet annually, on the first Tuesday of June, and elect one trustee, who holds his office for three years, and a clerk, who holds his office for one year. The trustees have charge of the timber and stone on the unoc- cupied lands of their reservation, and may prosecute, with the consent of the attorney for the tribe, in the name of the tribe, by giving satis- factory security for costs to the court in which they prosecute, any person or persons, other than Indians, for any trespass on their reservation by cutting or removing timber, or re- moving any stone therefrom, and such offenders, other than Indians, forfeit and pay three times the value of any such property cut or taken away. It is not lawful for Indians to cut or dispose of any timber or stone on the reservation except for their own use, and any Indian violat- ing this provision may be prosecuted in like manner as if he were not an Indian ; any person buying or receiv- ing any timber, wood, or stone taken from the reservation without the writ- ten consent of the trustees, or the majority of them, and the attorney for the tribe, forfeits twice the value thereof, to be recovered by suit in like manner before stated. Moneys so recovered, and received from any other source, by the trustees or other parties belonging to the tribe, are paid to the attorney for paying their annuities ; and after paying all legal charges of the prosecution, the balance is apportioned and divided among the individual members of the tribe, in like manner as the annuity. The attorney pays to each trustee $10 per annum, for services as trus- tee, out of any money in his hands belonging to the tribe, and no other 424 INDIANS WITHIN THE STATE. compensation is allowed or retained by them for services as trustees. The county clerk of Cattaraugus county may make and certify to copies of the surveys and maps of the Allegany reservation as made by United States commissioners and on file in his office, or any part or por- tion thereof, or of either of said maps, or of any lot, lease, part, or portion thereof, and such copy so certified is received in evidence in any matter, action, or proceeding in which the original might be admitted in evidence upon being duly proved. He is not subject to subpoena to produce any map or any certificate thereto, nor is he required to remove the same from the clerk's office of the county. The male Seneca Indians of the age of twenty-one years and upwards resid- ing upon the Complanter reservation in the New York Indian reservation have the right to vote at any annual or special election of officers of the Seneca nation of Indians, and to hold office under the constitution of the Seneca nation, the same as if actually residing upon the Allegany reserva- tion. By the laws of 1881, chap. 188, those parts of the Allegany Indian reservation included in the villages of Vandalia, Carrollton, Great Valley, Salamanca, West Salamanca, and Red House, as surveyed, located, and established by United States com- missioners, were constituted parts of the several towns within which they were located, and all the general laws of the state were extended over and should apply to the same. Provided that nothing should be construed to authorise the taxation of any Indian, or the property of any Indian not a citizen of the United States, all acts of commissioners of highways or other town officers of the towns in which these villages were located, concern- ing the lands or roads therein ; all proceedings incorporating villages on said lands, or of the officers of such villages concerning the same, or under acts of incorporation ; all proceedings forming school districts within such villages ; and all acts or proceedings of school officers in such districts, theretofore done or performed, which would have been legal if such villages or the land included therein had not constituted a part of said reservation, were thereby ratified, legalised, and confirmed. Land in said villages held by or under lease from the Seneca nation, which the holders were en- titled to have renewed, should be for all purposes considered a freehold estate, and the owners of such leases freeholders, and the rights of dower and tenant by courtesy should attach thereto, and should, upon the death of any person owning the same with- out having devised it, descend in the same manner as a freehold of inherit- ance, and should for that purpose be treated as real estate : provided, how- ever, that the rights of Indians in such leases should descend as pro- vided by the laws of the Seneca nation. By the laws of 1881, chap. 355, the highway laws of the State of New York were extended over the Indian reservations located therein, and commissioners of highways of towns in which any Indian reserva- tion was located in whole or in part might, by and with the consent of the national or tribal authorities of the tribe or nation occupying such reservation, lay out and establish, in the manner provided by law, high- ways on or across such reservation, and the highway commissioner of such town should thereafter be charged with maintenance of such road and the bridges thereon. But nothing should be construed to authorise the taxation of any Indian, or the pro- perty of any Indian not a citizen of the United States. PUBLIC OFFICERS. 425 PUBLIC OFFICERS. Under the constitution and laws of the state existing at 1st January 1882 the public officers, omitting military officers, officers of state asylums, offi- cers created by city and village char- ters, and other officers of a purely local character, were the following : LEGISLATIVE OFFICERS. 32 senators. 128 members of the assembly. A clerk, a sergeant-at-arms, a door- keeper, and other subordinate offi- cers for each house of the legisla- ture, as fixed by statute. EXECUTIVE OFFICERS. Governor. Lieutenant-governor. Secretary of state. \ Comptroller. m I One or more ireasurer. \ , .. , Attorney-general. ^ tie8 for State engineer and sur- I veyor. ' A private secretary for the governor, and clerks, stenographers, and mes- sengers in the executive chamber. JUDICIAL OFFICERS. Court of appeals Chief judge. 6 associate judges. Clerk and deputy clerk, reporter (state reporter). Supreme court 4 justices in each of the third, fourth, fifth, sixth, seventh, and eighth judicial districts. 5 justices in each of the first and second judicial districts. Areporter (supreme court reporter). The clerks of the several counties are ex officio clerks of the supreme court and county court. County judges One in each of the 56 counties. Special county judge in each of the counties of Cayuga, Chautauqua, Chenango, Jefferson, Monroe, Oneida, Orange, Oswego, St Lawrence, Sullivan, Tioga, Tompkins, and Washington. Surrogates One for each county having a population exceeding 40,000, in which the board of supervisors, at any meeting of such board, may, by resolution, provide for the election of such officer, other than the county judge. Special surrogate, in each of the counties of Cayuga, Chautauqua, Jefferson, Oneida, Orange, Os- wego, St Lawrence, Sullivan, Washington. Justices of sessions 2 in each county, except the city and county of New York, select- ed from the justices of the peace. Superior court of the city of New York 6 judges. A clerk. Court of common pleas for the city and county of New York 6 judges. A clerk. Superior court of Buffalo 3 judges. A clerk. City court of Brooklyn 3 judges. A clerk. City court of Yonkers Judge. Clerk. Marine court of the city of New- York 6 justices. A clerk. City judges, New York A city judge. A judge of the court of general sessions of the city and county of New York. 426 PUBLIC OFFICERS. County officers In each county a clerk, a sheriff, a district attorney, and four cor- oners (by special statutes there are in some counties more, and in some less, than four coroners). Register, &c. , New York county A register. A deputy register. Clerk of oyer and terminer, &c. A clerk of the court of oyer and terminer and general sessions for the same county. Register, &c. , for Kings county - A register. A deputy register. Register, &c. , for Westchester coun- ty- A register. A deputy register. Recorders Recorders in the several cities. Justices, New York A justice in each of the 10 judicial districts in the city of New York, to hold the district court in said district. A clerk of each of the district courts. Justices, Albany 3 justices of the justices' court of the city of Albany. A clerk of said court. Justices, Troy 3 justices of the justices' court of the city of Troy. Justices of the peace 4 justices of the peace for each town. (By special statutes some towns have a different num- ber.) Commissioners of deeds So many commissioners to take the proof and acknowledgment of deeds and to perform certain other duties, denominated "com- missioners of deeds," for each of the cities in this state, as the common councils to the several cities, except the city of New York, on or before the 1st day of January 1851, and at the end of every two years thereafter by resolution of the board deter- mine, to be appointed in and for said cities respectively. Commissioners of deeds for the city and county of New York. 300 commissioners of deeds. Notaries public By the laws of 1883, chap. 508, no more notaries public shxmld be appointed in any county, ex- cept in the county of Kings, the city of Buffalo, and the city and county of New York, than one for every 2000 of population re- siding in said county, as shown by the census taken in the state next preceding any appointment thereafter to be made. In 1864 the governor of the state was authorised to appoint an addi- tional number in each county, including the city of New York, equal to the number of banks located therein, on the applica- tion of each bank. In 1867 the governor was empowered, by and with the advice and consent of the senate, to appoint in and for the city and county of New York 100 notaries public, and in each assembly district of the state other than the county of New York, 2 additional notaries public, in addition to the num- ber then provided by law. Since then there have been numerous increases to the number of those in the city and county of New York, and in each assembly dis- trict. In 1876, the increase was "in each county except the city and county of New York, notaries public equal to 10 for each assembly district, and in the said city and county, 250 notaries public, in addition to the number now allowed by law ; provided, however, that in each county which is a single PUBLIC OFFICERS. 427 assembly district, the additional number of notaries public be 15." A notary holds office for two years. Counsellors, &c. So many counsellors and attorneys as shall from time to time be admitted to practise by the su- preme court. The total number of practising lawyers in the state is enormous. ADMINISTRATIVE OFFICERS. Public works A superintendent. 3 assistant superintendents. Canal officers 3 canal appraisers. So many superintendents of canal repairs as the canal board shall from time to time appoint. Auditor. Deputy auditor. Banks Superintendent ^ Of the bank- Deputy superin- > ing depart- tendent ) ment. Insurance Superintendent ) Of the insur- Deputy superin- > ance depart- tendent ) ment. Public instruction Super inten dent. Deputy superintendent. Mayors A mayor of each city in the state. County treasurers A county treasurer for each county, except the city and county of New York. State assessors 3 state assessors. United States loan commissioners 2 commissioners for loaning certain moneys of the United States in each county. (In 1832 the du- ties of " loan officers " were charged upon " loan commission- ers " in each county. In 1837 the office of commissioner for loaning moneys of the United States deposit still existing was created. In 1850 provision was made for the final settlement of the loans under charge of the "loan commissioners," and the abolition of the office.) State prison officers A superintendent. To each of the state prisons an agent, a warden, a keeper, a clerk, a chaplain, a physician and sur- geon, and so many keepers, not exceeding the proportion of 1 to 20 convicts, as the inspectors (superintendent) may deem it ex- pedient to employ. 2 instructors for each of the prisons at Sing Sing and Auburn, and 1 for the Clinton state prison. An instructress for the female con- vict prison at Sing Sing. 19 regents of the university, in ad- dition to those who are regents ex officio. Miscellaneous An inspector of public works. A state commissioner of lunacy. State commissioners of charities. 5 commissioners of fisheries. A state inspector of gas-meters. 3 quarantine commissioners. Commissioners of the state sur- vey. A superintendent of the Adiron- dack survey. 6 commissioners of emigration. Superintendents of the poor in each county except Albany, Kings, New York, and Putnam. School commissioners in each county. A superintendent of the Onandaga salt-springs. (The office of superintendent of salt-springs at Montezuma, and of inspector of salt in the county of Onondaga, abolished in 1846.) A captain of the port of New York. 428 PUBLIC OFFICERS. Harbour-masters A harbour-master for the port of Albany. 1 1 harbour-masters for the port of New York, 9 of whom shall re- side in the city of New York and 2 in the city of Brooklyn. Port wardens 9 wardens of the port of New York. 2 special wardens to reside at the quarantine ground. Health officers A health officer \ A resident physi- I For the city and cian \ county of New A health commis- I York, sioner ) A health officer of every city, in- corporated village, and town. Bank directors So many directors of incorporated banks as the state may be au- thorised, by the acts of incor- poration, to appoint. Wreck-masters 15 wreck-masters in the county of Suffolk. 12 in the county of Queens. 3 in the county of Kings. 2 in the county of Richmond. 2 in the county of Westchester. Sealers of weights A superintendent of weights and measures for this state. A county sealer of weights and measures of each county. A town sealer of weights and meas- ures of each town. Inspectors of turnpikes Not less than 3 nor more than 5 commissioners to inspect turn- pike roads in each county in this state, in which there shall be a turnpike road whose Act of in- corporation contains no provision for the appointment of special inspectors of said road. Superintendent of Indians An agent for the Onondaga tribe of Indians. (This office existed at the adoption of the Revised Stat- utes, was abrogated in 1841, and re-established in 1843. His salary was fixed in 1851 at $100). A superintendent of the Brother- town Indians. An attorney of the Seneca nation of Indians. Receiver for pier, Sag Harbour A receiver of the profits of the state pier at Sag Harbour. Surrogates, supreme court commis- sioners, commissioners of deeds, and justices in cities, are local officers, and each officer is confined in the execution of his duties to the district or county for which he is appointed. Justices of the peace must reside in the town for which they were chosen, and shall not try a civil cause in any other town, except in cases otherwise provided for by law. With some modifications, notaries public must re- side in the respective cities or coun- ties for which they are appointed, but may exercise the duties of their office at any place within the state. Sheriffs, clerks of counties, coroners, district attorneys, marshals of cities, the clerk of the court of oyer and terminer and general sessions in New York, the register and clerk of that city, police justices and assistant jus- tices in that city, and their clerks, are so far local as to require the residence of every person holding such office within the county or city in which the duties of his office are required by law to be executed. Every officer included in the class of administrative officers is confined in the execution of his duties to the district, county, city, town, or village for which he is appointed, except where otherwise provided by law. No person is capable of holding a civil office who, at the time of his election or appointment, has not ELECTIONS. 429 attained the age of twenty-one years, and is not then a citizen of this state. No person elected to the common council of any of the cities in the state shall, during his term of office, be appointed to any office of profit in the gift of such common council ; but this does not extend to any offi- cers whose appointment is by the constitution vested in the common council of any city. All officers elected by the people, unless elected to supply vacancies then existing, enter on the duties of their respective offices on the first day of January following their re- spective elections. Every officer, the mode of whose appointment is not prescribed by the constitution, or is not prescribed by law, is nominated by the governor, and appointed by him with consent of the senate. All assistants, deputies, and other subordinate officers of every descrip- tion whose appointment is not spe- cially provided for, are appointed by the body, board, or officer to which or to whom they are respectively subordinate. Where the number of such sub- ordinate officers is not directed by law, it is limited at the discretion of the appointing power. In all cases not otherwise provided for, each deputy possesses the powers and performs the duties attached by law to the office of his principal, during a vacancy in such office, and during the absence of his principal. Every office, of which the duration is not prescribed by the constitution or is not declared by law, is held during the pleasure of the authority making the appointment. Every officer duly appointed, ex- cept the justices of the supreme court and circuit judges, who has duly entered on the duties of his office, continues to discharge the duties thereof, although his term of office has expired, until his successor is duly qualified. Sheriffs and clerks of counties, in- cluding the register and clerk of the city and county of New York, in like manner continue to discharge the duties of their offices until their respective successors are duly qualified. OTHER THAN FOB MILITIA AND TOWN OFFICERS. No person who has been convicted of bribery, or of any infamous crime deemed by the laws of this state a felony, at any time previous to an election, is permitted to vote thereat, unless he has been pardoned before or after his term of imprisonment has expired, and restored by pardon to all the rights of a citizen ; nor is a person permitted to vote who makes any bet or wager, or is directly or indirectly interested in any bet or wager depending upon the result of any election at which he offers to vote. In time of war, every elector of the state in the actual military service of the United States, in the Army or Navy thereof, who is absent from the state on the day of election, is entitled to vote at any general or special election held in the state in this manner : He, by an instrument executed by him not more than sixty days previous to such election, author- ises and empowers any elector of the town or city where he resides, on the day of the election, to cast for him his vote or ballot, in the manner pre- scribed by chap. 253 of the laws of 1864, for all officers for whom he would have a right to vote if he were present at such election. This instru- 430 ELECTIOXS. ment is signed by the absent elector, attested by a subscribing witness, and sworn to before any field-officer, captain, adjutant, or commandant of any company or detachment on de- tached service in the service of the United States, and commissioned as officers in the volunteer force of the state, or the captain or commandant of any vessel in the naval service of the United States to which the said absent elector may belong or be attached ; and such officers are author- ised to administer oaths for the pur- poses of said Act, and they attach to their signatures their official designa- tions. The elector prepares and folds the ballot or ballots he designs to cast at such election and encloses the same, together with the instrument referred to, in an envelope duly sealed, having on the outside thereof, either written or printed, the affi- davit, the form of which is given in the Act, sworn to and duly sub- scribed. This envelope, prepared as stated, is enclosed by him in another envelope marked " soldier's vote," sealed and directed to the elector empowered by the said instrument to cast the ballot ; and it may be trans- mitted by mail, or otherwise, to the person to whom it is addressed. The affidavit mentioned is a combination of the two oaths as to residence and betting, &c. , administered to persons offering to vote and challenged, with an additional statement as to his military position, &c. The elector who receives this letter from the absent elector may open the outer, but shall not open the inner envelope thereof. On the day of the election he delivers the inner envelope to the inspectors of elections of the proper election district at the polls thereof ; and if the name of the person signing the affidavit on the outside of the envelope is found entered upon the register of electors as a duly quali- fied voter, the envelope is by the inspectors publicly opened, and the vote or ballots contained in it duly deposited in the appropriate boxes ; and the name of the absent elector is entered upon the poll - lists, to- gether with the name of the person delivering the ballot at the polls. If such name be not found entered upon the register of electors, the envelope is not opened unless an affidavit is made by a householder of the district to the effect that he knows that the person whose vote is so offered is a resident of the district. If such affidavit be made and delivered to the inspectors, they open the en- velope and deposit the votes or ballots therein and proceed as described. Ballots contained in an envelope opened before delivery to the inspect- ors, or unsealed, are rejected. The affidavits and instruments described, and all envelopes containing "sol- diers' votes " not opened at such election, are kept and filed by the inspectors in the same manner and place as the poll-lists are required by law to be kept and filed. Every per- son entitled to receive any letter or envelope marked as described, before taking away the same, signs and de- livers to the postmaster a receipt therefor, which specifies how many such letters or envelopes he has re- ceived, and otherwise, as far as may be, specifies the particulars of the description thereof ; and any wilful omission to do this is a misdemeanour punishable, on conviction, according- ly. The secretary of state is re- quired to provide the necessary blank forms and envelopes, and, at least two months previous to any general or special election, to forward a sufficient number of them to the several regi- ments in the field, and to the several hospitals, posts, and naval stations. Any person residing on the lands of any nation or tribe of Indians in the state, being a qualified voter, is entitled to vote in the election dis- ELECTIONS. 431 trict nearest his place of residence in the same town at any election held therein whether such Indian lands are included in the said election dis- trict or not, and such persons have the same right to register his or their names as voters, and possess the same right to vote in such adjoining dis- trict as if actually residing therein. Whenever an election is held in any city or town pursuant to law, no suit shall be commenced or civil pro- cess or proceeding be served on any citizen entitled to vote in said city or town on the day on which such elec- tion is held. No court is opened or transacts business in any city or town on such election day unless to receive a verdict or to discharge a jury. But this does not prevent the exercise of the jurisdiction of any single magis- trate when it is necessary in criminal cases to preserve the peace or to arrest criminals. The following provisions apply to all town meetings held in the several towns of the state as well as to the elections named already : General elections are such as are held at the same time in every county for the election of all or of some of the following officers viz., governor, lieutenant-governor, judges of the court of appeals, justices of the supreme court, clerk for the court of appeals, secretary of state, comp- troller, state treasurer, attorney- general, state engineer and surveyor, canal commissioners, inspectors of state prisons, district attorneys, county judges, senators, members of assembly, sheriffs, clerks of counties, coroners, representatives in Congress, and electors of President and Vice- President. The register and clerk of the city and county of New York are chosen at a general election. Special elections are such as are held only in a particular district or county at a time when no general election is held, for the choice of one or more officers proper to be chosen at a general elec- tion. General elections are held on the Tuesday succeeding the first Monday of November in each year, special elections at the times and places of which legal notice have been given ; but no special election shall be held within forty days previously to a general election. Both general and special elections are held for one day only. Special elections are ordered by the board of canvassers having power to determine on the election of officers, except governor, lieutenant-governor, and electors of President and Vice-President, who have not been chosen at a general election by reason of two or more candidates having received an equal number of votes for the same office ; and in all cases by the governor, who issues his proclamation therefor ; and such election must be held not less than twenty nor more than forty days from the date of the proclama- tion. The elections in the several cities and towns are by election dis- tricts. The notice of the canvassers, if ordered by the state canvassers, is signed by the secretary of state ; and, if ordered by the county can- vassers, by the chairman or clerk of the board. The several cities of the state are divided by the common council there- of respectively into convenient elec- tion districts for the holding of all general and special elections, and all elections of the officers of such cities who are elective by the people. Every ward in the city containing not more than 500 voters is an election district ; every ward containing more than 500 voters, and not more than 800 voters may, on or before the first Monday in October in each year, be divided by the common council of such city, if they deem it expedient, into two districts to contain as near as may be an equal number of voters ; and every ward of a city containing more than 432 ELECTIONS. 800 voters shall, on or before the first Monday in October, as often annually as may be necessary or expedient, be divided by the common council into two or more districts in such manner as shall be entire within one ward, and shall contain as near as may be an equal number of voters ; and no district shall contain more than 800 voters. Whenever a ward is divided, the common council immediately pub- lish the same by making a map or description of such division, defining it by known boundaries, and keeping such map or description open for pub- lic inspection in the office of the clerk of such city, and also by posting up copies of such map in at least ten of the most public places in each district of such ward ; and the common council also, prior to every election, furnish copies of such map and de- scription to the inspectors of election in each district of such ward. Until inspectors of election shall by law be chosen and appointed at the charter election of any city, the common council of such city, at least ten days before every general election, appoint three inspectors of election for each election district in the city, who must be qualified voters and resident in such districts, and are inspectors, also, of all special elections held in such city during the ensuing year. Two of them may act, and in case of the death or inability of either of them, the common council may there- after appoint another in his place. The sheriff or clerk of the county who receives a notice of an election, de- livers, without delay, a copy of such notice to the board of supervisors, and each supervisor, of said county ; and he also causes a copy of the notice to be published, once in each week until the election therein spe- cified, in such newspapers in said county, not exceeding fifteen in num- ber, having the largest circulation in the city and the county. The supervisor, assessors, and town- clerk of each town meet in the town- clerk's office on the first Monday of October in each year, at 10 A.M., and form a board. They determine whether any alteration in the existing election districts be necessary or ex- pedient, and shall in all cases, where the town contains more than 500 electors, divide it into a convenient number of election districts, so that each district shall be in a compact form within their town, and shall contain not more than 500 electors as far as the number can be ascertained. But where any town contains less than 500 electors, the board may, in their discretion, divide the same into districts. They make a certificate of such division under their hands, in which the districts are numbered and described by known boundaries, which is immediately filed in the office of the town-clerk. No alteration of existing districts takes effect until after the then next general election, except in case of the alteration, erec- tion, or division of a town, or except such alteration of districts does not affect any inhabited territory in a town, in which cases it takes effect immediately. The town-clerk, at least two weeks before the day of election, puts up copies of the said certificate in at least four public places in each of the districts within ten days after said meeting, and de- livers a copy thereof to an inspector in each district before the day of election. When any new town is formed, the supervisor, town-clerk, and assessors therein meet at the town-clerk's office ' on or before the first Tuesday in Sep- tember preceding the first general election to be held in such town, and divide the same into districts, and proceed in the manner described. The common council of each city, and the said town officers of each town, on the first Monday in Sep- ELECTIONS. .433 tember in each year, designate the place in each election district in the city or town at which elections shall be held during the year ; and they thereupon give notice, written or printed, posted in at least eight public places in each district, con- taining a description of the place so designated, and of the time of opening and closing the poll. At each town meeting held in the several towns, and at each charter election held in the several cities which are not organised into towns, the electors of such city or town are entitled to vote by ballot on the same ticket with other town or charter officers for two electors, re- siding in each election district of such town or city, to be inspec- tors of election for such city or town, and the two persons in each district receiving the greatest num- ber of votes are the two inspectors of election for such district at all elections to be held therein the en- suing year. The presiding officers of such town meeting or charter election, immediately after the votes have been canvassed, appoint by writing, subscribed by a majority of said presiding officers, another in- spector of elections for each election district, to be associated with the other two, and to be one of the in- spectors of election of the district. This third inspector is selected from the two persons in such election district who have the highest number of votes next to the two inspectors elected ; and no ballot for inspectors is counted upon which more than two names are contained. Should any inspector not be so chosen or ap- pointed, or any be absent, or have ceased to be a resident of the dis- trict, or unable to attend and hold any election, the supervisor, town- clerk, and justices of peace in such town meet at the time and place appointed by the supervisor, whom failing, by the town-clerk, and des- ignate and appoint so many electors of such election district as are neces- sary to supply such vacancy to be inspectors, and file a certificate of such appointment in the office of the town-clerk, and the persons thus ap- pointed are inspectors of such elec- tion for such district. Vacancies in the office of inspector of election in any city are filled by the common council of such city. Every town or ward not divided into election dis- tricts constitutes and is an election district in itself. The inspectors of each election dis- trict meet at the time and place when and where an election is appointed to be held therein, and organise them- selves as a board for the purpose of presiding at and conducting such election. One of their number is appointed chairman, who administers to the others the oath of office as prescribed by the constitution, and then one of the other inspectors ad- ministers the same oath to the chair- man. The two elected inspectors, being sworn, appoint a clerk, and the appointed inspector, also being sworn, appoints another clerk, to be called clerks of the poll, who each take the constitutional oath, administered by the chairman of the board. The poll of each election is then opened, and proclamation thereof made, and of the time when the same will be closed. The poll in the several cities, and county of Westchester, is opened at sunrise, and in the several towns in all other counties at any time between sunrise and nine o'clock in the morning, and kept open till the setting of the sun. The electors vote by ballot, deliver- ed to one of the inspectors in pres- ence of the board. If any person offering to vote is challenged in re- lation to his right to vote by an inspector, or by any other person entitled to vote at the same poll, 2 E 434 ELECTIONS. one of the inspectors tenders to him the following preliminary oath: " You do swear (or affirm) that you will fully and truly answer all such questions as shall be put to you touching your place of residence and qualifications as an elector." The inspectors then question him as to his qualifications as a resident of the town or ward, citizenship, and right to vote under the state constitution, and at that poll. If any person refuse to take the prelimin- ary oath, or to answer fully the questions put to him, his vote is rejected. After receiving his an- swers, the board of inspectors point out to the person challenged the qualification, if any, in respect to which he appears to them deficient; and if he persist in his claim to vote, and the challenge be not with- drawn, one of the inspectors then administers to him the following oath: " You do swear (or affirm, as the case may be) that you have been a citizen of the United States for ten days, and are now of the age of twenty-one years ; that you have been an inhabitant of this state for one year next preceding this elec- tion, and for the last four months a resident of this county, and for the last thirty days a resident of this election district ; and that you have not voted at this election." If the person is challenged for causes stated in sec. 2 of article ii. of the constitution of the state, the fol- lowing additional oath is adminis- tered: "You do swear (or affirm) that you have not received or of- fered, do not expect to receive, have not paid, offered, or promised to pay, contributed or offered or pro- mised to contribute to another to be paid or used, any money or other valuable thing as a compensa- tion or reward for the giving or with- holding a vote at this election, and have not made any promise to influ- ence the giving or withholding of any such vote ; and that you have not made any bet or wager, and are not, directly or indirectly, interested in any bet or wager depending upon the result of this election." If the person is challenged on the ground of having been convicted of bribery or any infamous crime, the follow- ing additional oath is administered: " You do swear (or affirm) that you have not been convicted of bribery or any infamous crime, or, if so con- victed, that you have been pardoned and restored to all the rights of a citizen." Any person refusing to take the oath so tendered, his vote is rejected. The inspectors keep a minute of their proceedings in respect to the challenging and administering oaths, in which shall be entered the name of every person who has taken the oaths, or either of them, specify- ing in each case whether the prelim- inary oath or the general oath, or both of them, were taken : which minute and statement shall be certi- fied by the inspectors, and returned by them to the office at which their return of votes given at such election is made, and at the same time, and shall there be filed. The inspectors also direct the clerks of the polls to designate by some appropriate mark, opposite to his name, every person on said list who shall have taken said oaths or either of them. Any person who, having been convicted of bribery or any infamous crime, votes at any election, unless he has been pardoned and restored to all the rights of a citizen, is deemed guilty of a misde- meanour, and, on conviction thereof, is imprisoned in the county jail for the term of six months. At each annual and special elec- tion, the inspectors provide and keep boxes in which all ballots required to be indorsed, as directed by law, respectively "state," "judiciary," "county," "city and county," "as- ELECTIONS. 435 sembly," " senate," " Congress," &c., shall respectively be deposited ; and when electors of President and Vice- President are to be chosen, or amend- ments of the constitution proposed, separate boxes in like manner for the respective ballots. The voters' ballot, unopened, is deposited in the proper box by an inspector, and each clerk of the poll keeps a poll-list which contains one column headed "names of voters," and so many additional columns as there are boxes kept at the election ; the heading of each additional column corresponding with the name of one of the boxes so kept. The name of each elector voting is entered by each clerk under the "names of voters" in his list, and when there is more than one box kept, opposite such name is written " 1 " in each remaining column of such poll-list, corresponding with the name of a box in which a ballot of the elector has been deposited. It is the duty of each inspector to chal- lenge any person offering to vote whom he knows or suspects not to be duly qualified as an elector ; and if he knowingly and wilfully permits a person to vote who is not entitled to vote, he is guilty of a misdemeanour, and on conviction has to pay a fine of $500 and be imprisoned in the county jail for six months. The board of inspectors have ample powers to maintain order at the polls, and during the canvass and estimate of votes after the closing of the poll, and may appoint one or more electors to communicate their orders and di- rections, and to assist in maintaining order, &c. If any person refuses to obey the lawful command of the in- spectors, or, by disorderly conduct in their presence or hearing, interrupt or disturb their proceedings, they make an order directing the sheriff or any constable of the county to take the offender into custody and detain him until the final canvass of the votes shall be completed ; but such order does not prohibit such person from voting at such election. Such order is executed by any sheriff or constable to whom it is delivered ; or if none be present, by any other person deputed by such board in writing. At any annual, state, or city election, any of the inspectors may take the affidavit required by law of persons offering to vote whose names are not on the register of voters, and upon request certify the same. As soon as the poll of an election is closed, the inspectors, in their several districts, proceed to canvass the votes in public, and do not ad- journ or postpone it until it has been fully completed. The canvass com- mences by a comparison of the poll- lists from the commencement, and a correction of mistakes found therein. Each box being opened in the order prescribed by law, the ballots con- tained therein are taken out and counted unopened, except so far as to ascertain that each ballot is single ; and if two ballots are found so folded together as to present the appearance of a single ballot, they are destroyed if the whole number of ballots exceed the whole number of votes, and not otherwise. No ballot properly in- dorsed, found in a box different from that designated by its indorsement, is rejected, but is counted in the same manner as if found in its proper box, provided that, by the counting of such ballot or ballots, it shall not produce an excess of votes over the number of voters as designated on the poll-list. The board then pro- ceeds to canvass and estimate the votes. If it is found that the whole number of ballots exceeds the whole number of voters entered on the poll- lists, the inspectors return all the ballots into the box and thoroughly mingle them ; and one of the inspec- tors, designated by the board, pub- 436 ELECTIONS. licly draws out of the box, without seeing the ballots contained therein, so many ballots as are equal to the excess, which are forthwith destroyed. The canvass is completed by ascer- taining how many ballots of the same kind, corresponding in respect to the names of persons thereon and the offices for which they are designated, have been received ; and the result being found at the completion of the canvass of each box, the chairman of the inspectors makes public oral pro- clamation of the whole number of votes in such box, and of the whole number given for each person, with the name of the office to which such person was named in the ballots. The school officers elected in each ward of the city of New York are upon a separate ballot. The several boxes are numbered and labelled in this order (1) electors, (2) state officers, (3) senate, (4) assembly, (5) judiciary, (6) members of Congress, (7) county and city of New York officers, (8) town and charter officers, (9) state and county judicial officers, ( 1 0) police and civil officers, (11) school officers. The inspectors securely at- tach to a statement of such canvass one ballot of each kind found to have been given for the officers to be chosen at such election, any or either of them, except those given for electors of President or Vice-President ; and they state in words at full length, immediately opposite such ballot, and written partly on such ballot and partly on the paper to which it is attached; the whole number of all the ballots that were received corre- sponding with the one so attached, so that one of each kind of the ballots shall be attached to such statement, with a statement of such canvass. They also attach to such paper the original ballots rejected by them as being defective, which were given at such election. When electors of Pre- sident and Vice-President are elected, the inspectors make a separate can- vass and statement, and, the result being found, securely attach to paper one original ballot of each kind found to have been given for electors, and state, in words written as described, the whole number of corresponding ballots received ; and all original bal- lots rejected by them as defective are also attached to said paper. The statements made by the inspectors contain a caption, and are in the form, and certified and subscribed, as directed by law. A true copy of the several statements made by the inspectors is made and certified by them, and immediately filed by them in the office of the clerk of the town or city. The poll-lists are filed by the inspectors in the office of the town or city in which the election was held, and are there preserved. The remaining ballots not so pasted or preserved are destroyed, and the board of inspectors is dissolved. The original statements, duly certified, are delivered by the inspectors to the supervisor of the town or ward within twenty - four hours after the same have been subscribed. If there be no supervisor, or he be disabled from attending the board of county can- vassers, the original statements are delivered to one of the assessors of the town or ward in which the elec- tion was held. The supervisors or assessors, to whom the original statements of the canvass of votes in the towns or wards to which they respectively belong have been delivered, form the county board of canvassers. They meet at the office of the county clerk on the Tuesday next following the election at 1 P.M., in all the counties of the state except the county of Hamilton, which meets on the first Friday next following said election, and choose one of their number as chairman. The clerk of the county, or in his absence his deputy, is secre- ELECTIONS. 437 tary of the board. The oath is ad- ministered as in the case of inspec- tors. The major part of the super- visors or assessors, to whom the ori- ginal statements have been delivered as stated, is a sufficient number to constitute a board. After the ori- ginal statements have been produced, the board proceeds to estimate from them the votes of the county, and makes such statements thereof as the nature of the election requires ; and these statements are then delivered to and deposited with the county clerk. A separate statement is made, contain- ing the whole number of votes given in the county for the office of gover- nor, lieutenant-governor, judge of the court of appeals, &c. , &c. , in each dis- trict, or any or either of them ; the names of the persons for whom such votes were given, and the number of votes given for each ; another of the votes given for all county officers, any or either of them ; another of the votes given for members of as- sembly in each assembly district ; and another of the votes for electors of President and Vice-President ; and another of the votes given for any proposed amendment to the constitu- tion. Each statement is certified as correct, and attested by the signatures of the chairman and secretary of the board ; and a copy of each, thus cer- tified and attested, is delivered to the county clerk to be recorded in his office. Upon the statement of voters given for members of assembly and county officers, the board pro- ceeds to determine what persons have by the greatest number of votes been duly elected to each of the offices mentioned in each statement. A copy of every such determination, and of the statement upon which it is made, is published in one or more of the newspapers published in the county. Should one of the super- visors or assessors appointed to at- tend the county canvass be unable to attend on the appointed day, he shall, on or before that day, cause to be delivered at the office of the county clerk the original statement of the votes of his town or ward ; and should a majority of the county canvassers not attend, or the state- ments from every district in the county not be produced, the canvas- sers present adjourn to the next day, when they again meet, and the can- vassers then attending, though less than a majority of the whole, organ- ise themselves as a board ; and upon the statements, or certified copies thereof, then produced, proceed to estimate, state, and certify the votes of the county, in the manner before described. If it clearly appears to the canvassers that in any statement produced to them certain matters should have been inserted but are omitted, or that there are clerical mistakes, one of their number, dele- gated to do so, is sent to the town or ward inspectors, and town or ward canvassers of the town or ward from which they were received, to have the same corrected ; and the town or ward inspectors and canvassers imme- diately assemble and make such cor- rections as the facts of the case re- quire, but do not change or alter any decision before made by them, only causing their canvass to be correctly stated. The board of county can- vassers can adjourn from day to day, not beyond three days, for the pur- pose of obtaining and receiving such statement. The county clerk delivers to the board of county canvassers all the certified statements of the votes taken in each town or ward at the said election received at his office ; ' and if, on the appointed day, the board of canvassers has not been organised owing to a deficient return of the votes of the county, the county clerk, by a special messenger or otherwise, obtains necessary statements or cer- 438 ELECTIONS. tified copies thereof, in time for the board's next meeting. He records in his office all the statements and certificates delivered to him by the county board of canvassers, and keeps a proper book for that pur- pose. Of the statements and cer- tificates of the votes for the offices of governor, lieutenant - governor, judges of the court of appeals, justices of the supreme court, clerk for the court of appeals, secretary of state, comptroller, treasurer of the state, attorney-general, state engineer and surveyor, canal commissioners, inspectors of state prisons, senators, and representatives in Congress, or either of them, he prepares three certified copies under his signature, and sealed with his seal of office. Within five days from the adjourn- ment of the board of county can- vassers, the county clerk deposits in the nearest post-office, directed to the governor, to the secretary of state, and to the comptroller, each, one of the certified copies of the statements and certificates of votes prepared by him ; and he prepares as many certified copies of each cer- tificate of the determination of the board of county canvassers as there are persons declared to be elected in such certificate, and without delay delivers a copy to each person so elected. It is the duty of the clerk of each county to transmit by mail to the secretary of state, on or before the fifteenth day of December in each year, a certified copy of the official canvass of the votes cast in said county by election districts at the then next preceding general election; and within ten days after a special election he transmits to the secretary of state a list of the names of all persons elected to any county office at such election, with the places of their residence respectively. It is the duty of the secretary of state to file in his office the certified statements received by him from a county clerk, and to obtain from the governor and comptroller every certi- fied statement received by either of them, and to file the same in his office. If no statement due be re- ceived or obtained by him from a county on or before the last of No- vember next after a general election, and within twenty days after a spe- cial election, he despatches a special messenger to obtain it from the county clerk, who shall, immediately on the demand of the messenger at his office, make out and deliver the statement required. All such statements so re- ceived by the messenger are delivered to the secretary of state, and filed and recorded as stated. The secre- tary of state appoints a meeting of the state canvassers to be held at his office or that of the treasurer or comp- troller, on or before the fifteenth day of December after each general elec- tion, and within forty days after a special election ; and if a majority of those officers be unable or fail to at- tend on the day appointed, he gives notice to the mayor and recorder of the city of Albany that their attend- ance is required. The secretary of state, comptroller, state engineer and surveyor, attorney- general, and treasurer, are the state canvassers three being a sufficient number to form a board ; and failing a majority of them, the mayor and recorder of the city of Albany form with the officers attending a board as stated. When thus formed, the board proceeds upon the certified copies of the statements made by the board of county canvassers to make a statement of the whole number of votes given at such election for the office of governor and lieutenant- governor, or either of them ; and other statements of the votes respec- tively for each of senator, representa- tives in Congress, judges of the court of appeals, justices of the supreme ELECTIONS. 439 court, clerk for the court of appeals, secretary of state, comptroller, state treasurer, attorney-general, engineer and surveyor, canal commissioners, and inspectors of state prisons, each of which statements shows the names of the persons to whom such votes have been given for either of the said offices, and the whole number of votes given to each, distinguishing the several districts and counties in which they were given. They cer- tify these statements to be correct, and subscribe them with their proper names. Upon these statements they proceed to determine and declare what persons have been by the greater number of votes duly elected to such offices, or either of them ; and they make and subscribe on the proper statement a certificate of such determination, and deliver it to the secretary of state. If any one of the canvassers dissent from a decision of the board, he shall state at large, in writing, the reasons of his dissent ; and if any of the acts or proceedings of the board appear to any of the canvassers to be illegal or irregular, such canvasser shall protest against the same in writing, setting forth distinctly the grounds of his protest, and such dissent or protest, signed with his proper name, is delivered by any such canvasser to the secretary of state, who files the same in his office. The board can adjourn from day to day for a term not exceeding five days. The secretary of state records in his office, in a book kept for that pur- pose, each certified statement and de- termination delivered to him by the board of state canvassers, and like- wise every dissent or protest ; and without delay transmits a copy, under the seal of his office, of such certified determination to each person thereby declared to be elected, and a like copy to the governor. Copies of such cer- tified statements and determinations are printed in the state paper alone, at the public expense. A general certificate is made under the seal of the state and attested by the secre- tary of state, addressed to the House of Representatives of the United States in that Congress for which any person has been chosen, of the due election of the persons so chosen at each elec- tion as representatives of the state in Congress, and is transmitted by him to the said House of Representa- tives at their first meeting. If either of the persons so chosen at such elec- tion has been elected to supply a va- cancy in the office of representative in Congress, it is mentioned in the statement and certificate. The secre- tary of state enters in a book, kept in his office, the names of the respec- tive county officers elected in the state, specifying the counties for which they were severally elected and their places of residence, the office to which they were respectively elected, and their terms of office. Representatives in the House of Representatives of the Congress of the United States are chosen in the several Congress districts at the gen- eral elections held therein in every second year after the year 1826 ; and if a representative resign, he forthwith transmits a copy of his resignation to the secretary of state ; and if a vacancy occurs by death or otherwise, the clerk of the county in which such representative resided at the time of his election without delay transmits a notice of such vacancy to the secretary of state. At the general election in Novem- ber preceding the time fixed by the law of the United States for the choice of President and Vice-Presi- dent of the United States, there are elected by general ticket as many electors of President and Vice-Presi- dent as the state is entitled to ap- point ; and each elector in the state has a right to vote for the whole 440 ELECTIONS. number ; and the several persons, to the number required to be chosen, having the highest number of votes are declared and deemed duly ap- pointed electors. The county clerk of each county makes three certified copies of the statement of votes given for electors in his county immediately after recording the same, and forth- with transmits by mail one of these cer- tified copies to the governor, another to the secretary of state, and delivers the other in this manner on the day succeeding that on -which the canvass has been made namely : ' ' Those of the counties of Niagara, Wyoming, and Orleans to the clerk of Genesee ; those of the counties of Livingston, Monroe, Wayne, and Yates to the clerk of Ontario ; that of the county of Seneca to the clerk of Cayuga ; those of the counties of Cortland and Oswego to the clerk of Onondaga ; that of the county of Madison to the clerk of Oneida ; . . . and those of the counties of Otsego, Schoharie, Rensselaer, and Albany to the sec- retary of state." The clerks of the several counties of Franklin, St Law- rence, Chatauqua, Cattaraugus, Tomp- kins, and Suffolk, immediately after recording the electoral votes received by them, appoint a messenger to re- ceive and carry the certified copies of the statements of votes given for electors as stated, which appoint- ment is made by the clerks under their seal of office. Each clerk of a county having received the certified copies of the statements of the elec- toral votes given in any other county delivers the same to the messenger authorised to receive the certified statements of the electoral votes given in his county, and delivers these last-mentioned statements to the messenger authorised to receive the same when demanded. The board of state canvassers meets at the office of the secretary of state on the Wednesday next after the third Monday in November after every such election, or sooner, if all the certified copies of the statements of the county canvassers have been re- ceived from all the counties, to can- vass the votes given for said electors ; and in case all the certified state- ments have not been received on that day, it may adjourn from day to day until the same have been received, not exceeding five days ; and if at the expiration of five days certified copies have not been received from any county, the board proceeds to canvass upon such of the statements as have been received. It proceeds, in making a statement of all the votes and determining and certifying the persons elected, in the manner prescribed by law in relation to the election of state officers. The secre- tary of state without delay causes a copy, under the seal of his office, of the certified determination of the board of state canvassers to be de- livered to each of the persons therein declared to be elected by special mes- sengers, and the determination and certificate of the board of state can- vassers is published in the same man- ner as prescribed by law in relation to the certificates of the election of state officers. Messengers guilty of destroying certificates intrusted to them, or wilfully defeating the due delivery of them, are punished by imprisonment in the state prison, at hard labour, for a term not less than three nor more than five years ; and persons convicted of taking away from any messenger any such certifi- cate, or of wilfully defeating the due delivery thereof, are punished by im- prisonment at hard labour for not less than two nor exceeding four years. Any of the said officers or messengers convicted of wilful neglect of duty or of corrupt conduct are deemed guilty of a misdemeanour, pun- ishable by fine not exceeding $500, or imprisonment not exceeding one year. ELECTIONS. The electors of President and Vice- President convene at the Capitol on the day preceding the first Wednes- day in December after their election ; and those of them who so assemble at 4 P.M. of that day, immediately after that hour proceed to fill by ballot, and by plurality of votes, vacancies in the electoral college occasioned by the death, refusal to serve, or neglect to attend at that hour, of any elector, or occasioned by an equal number of votes having been given for two or more candidates. The electoral col- lege being thus completed, they choose a president and secretary from their own body. The secretary of state prepares three lists of the names of the electors, procures to the same the signature of the governor, affixes thereto the seal of the state, and de- livers them, thus signed and sealed, to the president of the college of electors, on or before the said first Wednesday in December. On this first Wednesday in December the electors meet at the Capitol, and then and there vote by ballot for President and Vice-President, one of whom at least shall not be an inhabitant of the same state with themselves ; and name in their ballots the persons voted for as President, and in dis- tinct ballots the persons voted for as Vice-President. Distinct lists of all persons voted for as President, and of all persons voted for as Vice- President, and of the number of votes for each, are made and signed and certified, and after annexing thereto one of the lists received from the secretary of state, they seal up the same, certifying thereon that lists of the votes of the state for President and Vice - President are contained therein. The electors then, by writing under their hands, or un- der the hands of a majority of them, appoint a person to take charge of the lists so sealed up, and to deliver them to the President of the Senate at the seat of Government of the United States, before the first Wed- nesday in January then next ensuing. In case there be no President of the Senate there, the lists of the votes are delivered into the office of the Secretary of State of the United States. The electors are also re- quired to forward forthwith by the post-office to the President of the Senate of the United States at the seat of Government, and to deliver forthwith to the judge of the United States for the northern district of the State of New York, similar lists, signed, annexed, sealed up, and certified in the manner described. Every elector who attends and gives his vote at the time and place ap- pointed by law is entitled to receive for his attendance at such election the sum of $15 per day, together with 10 cents per mile each way from his place of residence by the most usual travelled route to the place of their meeting, to be audited by the comptroller, upon the certifi- cate of the secretary of state, and paid by the treasurer. On the first Tuesday of February next before the expiration of the time for which any senator was elected to represent the state in Con- gress, if the legislature be then in session, and if not, then within ten days after a quorum of both houses is assembled, at the then next meeting of the legislature, an election is held for a senator in Congress in the room of the senator going out of office. Whenever the seat of any such senator becomes vacant before the expiration of the time for which he was elected, another senator is elected in his room within ten days after the legislature has notice of such vacancy. Such election is made by the legis- lature in the following manner : the senate and assembly each openly nominate one person, after which they immediately meet ; and if they 442 ELECTIONS. agree in their nomination, the person so nominated is appointed to the office for which he is nominated ; if they disagree, the election is made by the joint ballot of the senators and members of assembly. When- ever any senator is thus chosen, copies of the resolutions of the sen- ate and assembly testifying such choice, signed by the president of the senate and speaker of the assembly, are thereupon delivered to the per- son so chosen as senator as evidence of such election. It is unnecessary to give details of the penalties by fine and imprison- ment, or by either, for false swear- ing, procuring false swearing, neglect of duty, bribery, &c. , calling out the militia, certain acts by candidates which are prohibited, changing votes, disobeying inspectors, &c., non-res- idents voting, and for voting more than once, procuring illegal voters, procuring non-residents to come into a town, ward, or district to vote, unqualified persons or inhabitants of another state or county voting most of which offences are deemed mis- demeanours. It is the duty of every inspector of elections, sheriff, con- stables, justices of the peace within the state, knowing that an offence has been committed under the gen- eral election law, or having good reason to believe that an offence has been committed, to give information thereof to the district attorney of the county in which the offence is com- mitted, whose duty it is to adopt effectual measures for the punishment of all persons violating the provisions of said law. It is the duty of the presiding judge of every court of general sessions of the peace, or oyer and terminer within the state, speci- ally to charge the grand jury at each term of said court to take notice of all offences committed in violation of the general election law. Among the miscellaneous provisions of the general election law it is pro- vided that, if a majority be not present on any day on which an election is held, the inspectors or inspector at- tending shall appoint so many electors of the town, ward, or district, to act as inspectors, as may be necessary to form a board ; and the persons so ap- pointed take the constitutional oath, and continue to act until a majority of the inspectors shall attend. No notice of an election nor copy of the governor's proclamation is in any case directed to the clerk of a county unless the office of sheriff be then vacant, nor to the first judge unless the offices of sheriff and clerk be both vacant. The accounts of the respective clerks of counties for services performed and expenses incurred are audited, levied, and paid in like manner as other con- tingent charges of the county. By a law of 1880 no person is eligible to the office of inspector of election, or clerk of the poll, or is qualified to act as such unless he can read or write the English language it is a misdemeanour for such an un- qualified person to act as such. The election at every poll is public to the watchers from the commencement to the close of the canvass and signing of the proper returns and copies thereof. Every political organisation which presents a candidate for the suffrages of the voters of any election district has the right to appoint, not to exceed two, electors as watchers at the poll of such election district for any election. Such appointment may be written or printed, signed by the president or chairman and the secretary of such political organisa- tion, but no ward or town organisa- tion is entitled to watchers at any poll outside the limits of such ward or town. These watchers, and each of them, are entitled to be present at such election in the room occupied by the inspectors of election, commencing at least fifteen minutes before any ELECTIONS. 443 ballot-box is opened, until the close of the canvass and the signing of the proper returns of such election. Be- fore ballots are received, the inspectors unlock every ballot-box to be used at the election, and permit each watcher present to examine it, and every part and portion of it, until he is satisfied as to its structure, and that there is at the commencement of receiving ballots no ballots in it. Every watcher has the right from the time of so inspecting the ballot-boxes, at any and all times until the canvass of the ballots and signing of the proper returns and copies thereof, to be present in the room occupied by the inspectors, in a position and place where he may fully, conveniently, and comfortably watch the reception and deposit of every ballot cast, and the full and final canvass of the bal- lots and signing of the proper returns and copies thereof ; and no ballot-box or ballot cast, except it be in the bal- lot-box, shall be removed from the constant sight and inspection of the watchers until the canvass is closed and the proper returns and copies thereof made and completed. If re- quested by any watcher or any elector present at any canvass, it is the duty of the inspectors to exhibit any and all ballots cast, fully opened and in such a condition and manner that he may fully and carefully read and examine the same, though the in- spector shall not allow any such bal- lot to be taken from his hand. Every return or statement of the result of the canvass is made upon a single sheet of paper, or if not, each half- sheet is signed at its end by the in- spectors. The room used for the re- ception of the ballots must be of size sufficient to hold twelve electors, in- cluding the watchers, exclusive of the inspectors and clerks of the poll. Any watcher or other elector may challenge an elector offering to vote, and the inspectors and clerks of the poll shall not disclose the name unless required so to do by a court of justice or magistrate in some legal proceeding. The inspectors of elec- tion of each election district, within twenty-four hours after the comple- tion of the canvass, in addition to the making and filing of the returns and statements thereof at the date of said Act, directed and required by law, shall cause a duplicate of such return or statement to be filed in the office of the clerk of the county, by one of their number specially deputed to do so, who may be paid for so doing, except in cities and towns where the county clerk's office is situated, the sum of $5, and also 4 cents for each mile actually and necessarily travelled. The returns on file in county, town, and city clerk's offices are public records, and open to inspection and examination by any elector of the state. No inspector or clerk of the poll shall peddle, distribute, or give tickets to electors during any part of the day of such election. No lager beer, ale, wine, or spirituous liquors are allowed on any election day in any room used for election purposes. The ballots used in the State of New York are upon plain white printing paper, and without any im- pression, device, mark, or other pe- culiarity whatsoever upon or about them to distinguish one ballot from another in appearance, except the names of the several candidates, and they shall be printed with plain black ink. Each ballot has a caption (as provided by law) printed in one straight line in black ink, with plain type of the size known as ' ' Great- primer Roman Condensed capitals," and the names of all candidates are printed in plain type with letters of a uniform size ; and it is unlawful to print or distribute, or to cast any ballot, printed or partly printed, con- trary to this provision, or to mark the ballot of any voter, or to deliver 444 REGISTRY LAWS. to any voter such marked ballot, for the purpose of ascertaining how he shall vote at any election. A viola- tion of this is a misdemeanour punish- able by fine or imprisonment, or both. But any elector may vote any ballot entirely written, or any printed bal- lot which in outward appearance com- plies with all the said requirements, upon the face of which he has per- sonally made, or caused to be made, erasure, correction, or insertion of any name by pencil -mark or other- wise. The supreme court may by order, whenever it appears, by affidavit, that errors have occured in the de- termination of the board of county canvassers in any county, require such board to correct such errors ; and failing such being done, compel said board by writ of mandamus to correct such errors, and for that pur- pose compel the board if need be to convene again, in which case the meeting of the board is deemed a continuation of its regular session. The practice in these proceedings in mandamus is the same as in cases of mandamus against a board of super- visors. In all cases where any county (ex- cept New York and Kings) has a population exceeding 40,000, the board of supervisors therein at any meeting of such board, special or regular, called in the usual form, may by resolution thereof provide for the election, at the following gen- eral election, of an officer other than the county judge, who shall perform the duties of surrogate therein. This resolution is immediately delivered by the clerk of the board of super- visors to the county clerk, who files it and keeps it as a part of the county records. Within ten days thereafter, the county clerk transmits to the office of the secretary of state, to be filed and kept in his office, a copy of this resolution, duly certified by him. The respective boards of super- visors fix the salaries of county judges and surrogates. Whenever the office of county judge is vacant in a county having a population exceeding 40,000, the board of supervisors, if there be a surrogate, may resolve that there shall be no such officer in the coun- ty, and thereupon the office of such officer shall be deemed vacant, and abolished from the time the office of county judge shall be filled ; and, if there be no such officer, such board may resolve that there shall be such officer in such county, in which case such officer is elected at the time and in the manner in all respects that the county judge in said county is elected. REGISTRY LAWS. The several inspectors of election for the several election districts in the towns and cities of the State of New York, except in the city and county of New York and in the city of Brooklyn, for the year 1872 were declared to be a board of registry under the laws of 1872, chap. 570 ; and for the purposes therein named these inspectors and their successors in office should meet annually on Tuesday, five weeks previous to the general election, at 9 A.M., at the place designated for holding the poll of said election, and organise them- selves as a board for the purpose of registering the names of the legal voters of such district, and should sit until 9 P.M. of each day ; and for this purpose they should appoint one of their number chairman of the board, who should administer to the other inspectors the oath of office as prescribed by the constitution, and REGISTRY LAWS. 445 the same oath should then be admin- istered to the chairman by one of the other inspectors. The board then proceeds to make a list of all persons qualified and entitled to vote at the ensuing election, in the election district of which they are inspectors. This list when com- pleted constitutes and is known as the register of electors of said dis- trict. The said inspectors, at their first meetings on Tuesday, five weeks preceding the general election, have power, if necessary, to sit two days for the purpose of making said list, provided that at the annual election next prior to said meeting, the number of votes in the district of which they are inspectors exceeded 400. The registers each contain a list of persons so qualified and en- titled to vote in said election dis- trict, alphabetically arranged accord- ing to their respective surnames, so as to show in one column the name at full length, and in another column, in cities and incorporated villages, the residences by the number of the dwelling, if there be a number, or if the person be an occupant of a tenement house occupied by several persons, or a lodging - place, then they also enter the number of the room, if any, and the floor or storey of said tenement or lodging - house occupied by said person, and the name of the street on which said dwelling-house, tenement, or lodging- place is located. It is the duty of the inspectors to enter in said lists the names of all persons residing in their election districts whose names appear on the poll-list kept in said district, at the last preceding general election ; and for this purpose they are authorised to take from the office in which they are filed the poll-list made and filed by the inspectors of such district at the general election held next prior to the making of such register. In case a new elec- tion district is formed, the inspectors enter in the list the names of such persons entitled to vote therein, whose names appear upon the poll- list of the last general election, kept in the district or districts from which the new election district is formed. The inspectors complete, so far as practicable, the register on the day or days of their meeting aforesaid, and make four copies thereof, and certify the register and each of the copies to be a true list of the voters in their district, so far as the same are known to them, within two days thereafter. The original list, with the list taken from the office as stated, are filed in the office of the town-clerk of the town or city clerk of the city in which the election dis- trict may be ; and one copy of the list is kept by each of the inspectors, and is carefully preserved by him for their use on the day or days for their revision and correction, as hereafter mentioned. One copy of the list is immediately after its completion posted in some conspicuous place in the room in which such meeting shall be held, and shall be accessible to any elector who may desire to examine it or make copies of it. The board of inspectors meet on the Tuesday of the week preceding the day of the general election, at the places designated for holding the polls of election, for the purpose of revising and correcting the said lists ; and for this purpose, in cities, they meet at 8 A.M., and remain in session until 9 P.M. of that day and the day following ; and in other dis- tricts they meet at 9 A.M., and re- main in session until 9 P.M. of that day. And they then revise, correct, add to, and subtract from, and com- plete the said lists, and shall on that day add to the said list the name of any person who would, on the first Tuesday succeeding the first Monday in November, be entitled under the 446 REGISTRY LAWS. provisions of the constitution and laws of this state to exercise the right of suffrage in their respective election districts. But in making such addition on that day, or on any prior day, they do not place on the list the name of any person, ex- cept in strict compliance with the provisions of law. The supreme court can compel the inspectors to meet and do all the acts required by law. The proceedings of the board of inspection are open, and all persons residing and entitled to vote in said districts are entitled to be heard by the inspectors in relation to correc- tions or additions to the registers. One of the lists so kept by the in- spectors as stated is used by them on the day or days for making cor- rections or additions for the purpose of completing the registers for such district. No addition is made to the register of the name of any person, nor is the name of any person placed thereon, except one who has appeared in person before the board ; and any person not born in the United States, on applying to have his name placed on the register, shall prove that he is a citizen of the United States by producing a certificate of naturalisa- tion from a court of competent juris- diction ; nor shall any other proof of his being a citizen be received, unless he first shows to the satisfaction of the board of registry that said cer- tificate has been issued to him, and that he is unable to produce it by reason of loss or destruction thereof. It is the duty of the inspectors at their meetings for revising and cor- recting to erase from the lists the name of any person inserted therein who is proved to their satisfaction to be a non-resident of the district, or otherwise not entitled to vote at the election then next to be held. Any elector residing in the district, and entitled to vote therein, may appear before the board and require his name to be recorded on said alpha- betical list ; and upon complying with the requirements of law, the same is recorded. Any person so requiring his name to be entered on said list shall make the same state- ment as to street, number, &c., re- quired of persons offering to vote at the election, and he is subject to the same pains and penalties for refusing to give such information, or for falsely giving the same, and is also subject to challenge by any inspector or by any elector whose name appears upon the alphabetical list ; and the same oath may be administered by the in- spectors as may by law be admin- istered to persons offering to vote at any electiom At such meeting for revision and correction it is the right of any elector of the district to examine the registry ; and if upon oath he declares that he has reason to believe that any person on the list is not a qualified elector, the inspectors shall place the words "to be challenged " opposite the name of such person, to whom, while offer- ing his vote, the general oath as to qualifications shall be administered ; and if he refuse to take oath, he shall not be permitted to vote. After the list has been fully com- pleted, the inspectors cause four copies to be made, each of which is verified by them to be a correct list of the voters of their district, one of which is filed in the office of the town-clerk of towns, and in cities in the office of the city clerk, and one is retained by each of the inspectors. It is the duty of the inspectors care- fully to preserve the lists for their use on election day, and to designate one of their number, or one of the clerks at the opening of the polls, to check the name of every voter voting in such district whose name is on the register ; and no vote is received at any annual election in the state un- REGISTRY LAWS. 447 less the name of the person offering to vote is on the registry, made and completed as described, preceding the election ; and any person whose name is on the registry may be chal- lenged, and the same oaths put as are prescribed by law. This pro- vision is taken and held by every judicial or other tribunal as manda- tory and not directory ; and any vote which is received by the inspectors of election in contravention is void, and is rejected from the count in any legislative or judicial scrutiny into any result of the election. The clerks at each poll, in addition to their other duties prescribed by law, enter on the poll-lists kept by them, in the columns prepared for that purpose, opposite the names of each person voting, the same state- ment or minute required of inspectors in making the registry ; but this entry is not made by them if the registry contains correctly the name and resi- dence of such voter. Every elector, at the time of offering his vote, shall, if required, truly state the street in which he resides, and, if the house, lodging, or tenement in which he re- sides is numbered, the number there- of, and if a tenement or lodging- house, the number of the room, if any, and the floor or storey of such tenement or lodging-house ; and the clerks of the poll shall truly enter in the appropriate column of the poll- list, opposite the name of the elector, the street in which he resides, &c. ; and if such house, tenement, lodging, or room is not numbered, then the clerk shall enter ' ' not numbered " in the column of the poll-list set apart for that purpose ; and in case of re- fusal to make the statement as afore- said, the vote of such elector is not received. Any person who wilfully makes any false statement in relation thereto is guilty of a misdemeanour punishable with a fine of 50, or by imprisonment in the county or city jail for a period of thirty days, or by both such fine and imprisonment. Qualified voters in any city have the right, in any and all election districts in such city, to challenge and contest the right of any person to be placed on any register, or to vote at any poll within the city, with the same effect as though the party making the challenge was a qualified voter in the district where he makes the challenge. After the canvass of the votes, the poll-list and register, so kept and checked as described, are attached together, and, on the follow- ing day, filed in the town or city clerk's office, to be used by the in- spectors in making the list of voters at the next general election. The registers are at all times open to public inspection at the office of the authorities in which they are depo- sited, without charge. The same lists required to be made and per- fected at general elections are in the same manner made and perfected by the inspectors at all elections for charter officers in the several cities of the state, and at such elections for charter officers the board holds the first meeting three weeks prior to such charter election. These provi- sions of the Act of 1872 apply to all the incorporated cities in the state except New York and Brooklyn, and in all incorporated villages of over 7000 inhabitants, as determined by the last census ; but they do not affect any law in reference to the registration of voters in towns or villages abutting against cities. Where fifty or more resident citizens and legal voters of any town in any county of the state, having a popula- tion of over 300,000 according to the last census, file in the office of the town-clerk a request, in writing, that the citizens of such town entitled to vote be ascertained, the town-clerk shall, within five days thereafter, notify the justices of the peace and 448 REGISTRY LAWS. supervisor of the town to meet, and in such notice name a time and place in said town, not less than three or more than ten days thereafter, for them to meet. These justices and supervisor and town-clerk meet ac- cordingly, and constitute a board, with power to do and perform the acts and duties required of them. The presence of at least four of the board is necessary to constitute a quorum. When so convened, they proceed to appoint, under their hands and seals, five citizens and legal voters who have been residents of the town for at least one year next before their appointment as registers, to act as, and be known as, the board of registry of said town. These registers are selected from the two opposing polit- ical parties which cast the greatest number of votes at the then next preceding general election, and not more than three of them shall be at any time taken from or belong to either of said political parties. If any person so appointed fails or re- fuses to serve, or if a vacancy at any time occurs, the other members of the board fill the vacancy by appoint- ment. The persons so appointed are notified by the town-clerk within five days thereafter ; and thereupon, and at least thirty days before the next annual town meeting or general elec- tion, they shall meet and organise as a board of registry by electing a chair- man and clerk. They then fix the times and places at which they shall meet for the purpose of ascertaining the citizens of the town entitled to the right of suffrage therein, which meetings shall be on four different days in each election district, from 8 A.M. until 9 P.M., for the purpose of registration. The last day is for the purpose only of revising and cor- recting the roll, and shall be at least ten days before the next ensuing annual town meeting or general elec- tion. The board of registry, imme- diately after organisation, causes such notice of their meetings for registra- tion to be given as in their judgment is reasonable and sufficient, by adver- tising the same in at least one news- paper of each party, if there be one having a circulation in said town, and by posting ten or more notices in each town, in as many public and conspicuous places as they deem ne- cessary and sufficient to notify the resident electors of said town. No person shall be entitled to vote at or take part in such election or town meeting except as ascertained to be entitled to the right of suffrage as provided by chap. 142 of the laws of 1880, which is now under considera- tion. At the times of meeting of the board of registry, they, or a majority of them, have power to act, and take and enter on five lists the name and residence of each person appearing before them and claiming to be quali- fied and entitled to the right of suf- frage, who shall not be challenged. And the citizens of such town, entitled to and claiming the right to vote at the ensuing election or anmial town meeting, may attend before the board for the purpose of registration. If any person so offering himself for en- rolment is challenged by any mem- ber of the board, or by any person entitled to vote in the town, the board, or any member thereof, shall tender to him the oath required to be administered to persons when votes are challenged at general elec- tions ; and if the same is taken, the name of that person is entered on the list of voters, and not otherwise. And it is the duty of every member of the board to challenge every person offering himself for registration who is, in his opinion, not entitled to vote at the next ensuing election or town meeting. Any person not born in the United States claiming to be a citizen by naturalisation, applying to have his name placed on the registry, REGISTRY LAWS. 449 must produce a certificate of natural- isation from a court of competent jurisdiction, or prove by his oath or affirmation, to the board of registry, that such a certificate has been issued, and that the same has been lost or destroyed. The board of registry makes one complete list of all the names regis- tered, in alphabetical order, for each election district, with the place of residence of each, as near as may be, which shall be signed by the mem- bers of the board, and filed by them in the town-clerk's office of the town, at least one week preceding every town meeting and general election ; and the town - clerk shall cause a copy thereof, certified by him, to be delivered to the officers presiding at the ensuing annual town meeting, and at each election district at the annual general election in the town at the opening of the polls, who shall reject the vote of any person not on said list. But any registered person offering to vote at such election or town meeting may be challenged the same as if this Act had not been passed ; and no person shall be allow- ed to vote save in the election district of which he is a resident. On the Saturday preceding the day of elec- tion, it is the duty of the registers of election to hold a meeting from 4 to 10 P.M. for the revising and correct- ing the registries, to receive testi- mony, and arrange for challenge at the polls ; but no name shall be added to any registry at this meeting except upon proper proofs being furnished that the person applying for regis- tration was sick or absent from the town on all days when the registers had theretofore met for the purpose of registering votes, or that such per- son had become a citizen by nat- uralisation ten days prior to the day of election. Any officer of the town, or any member of the board of reg- istry, wilfully or corruptly neglecting or refusing to perform any of the duties intrusted to or devolved upon him, is guilty of a misdemeanour, and punishable by fine not exceeding $500 or imprisonment not exceeding six months, or by both such fine and imprisonment. A person guilty of getting himself illegally registered is deemed guilty of a misdemeanour, and punishable by fine not exceeding $250 or imprisonment not exceeding six months, or by both. A person who wilfully and corruptly swears falsely before the board of registry is guilty of perjury. Before the board of registry commences the registra- tion of voters, as described, each member of it takes and subscribes an oath that he will in all respects well, faithfully, and honestly discharge and perform all his duties as a mem- ber of the board, and this oath is filed in the office of the town-clerk of the town. The members of the board hold office for two years from the time of their appointment ; and while in the discharge of their duties receive $2 per day and all neces- sary expenses, which are audited and allowed by the board of town auditors. By chap. 576, laws of 1880, the inspectors of election in each of the cities of the state whose population exceeds 16,000, and in each of the towns whose boundary - line abuts against any such city, meet annually on the Tuesday three weeks preced- ing the general election at 9 A.M., at the place designated for holding the poll of said election, and organise themselves as a board for the pur- pose of registering the names of the legal voters of such district. This board proceeds to make a list of all persons qualified and entitled to vote at the ensuing election in the election district of which they are inspectors. This list, when completed, constitutes and is known as the register of elec- tions of that district. The inspectors, 450 REGISTRY LAWS. at their first meeting on Tuesday three weeks preceding the general election, have the power, if necessary, to sit two days for the purpose of making said list, provided that at the annual election next prior to that meeting the number of voters in the district of which they are inspectors exceeded 400. No person is eligible as an inspector unless he is a quali- fied voter within the district, nor unless he can read, write, and speak the English language understanding- ly. No building, or part of a build- ing, is designated or used as a place of registry or polling-place in which spirituous or intoxicating liquor is or has been sold within sixty days pre- ceding the time of using the same. The inspectors of election and regis- try also form a board of inspectors of election for the purpose of holding an election by appointing one of their number as chairman ; but it is not necessary for them to take any other or further oath of office than is pro- vided by this Act. The several offi- cers of inspectors of registry and elections named are, and shall be in all courts and proceedings, deemed and held respectively to be election district officers. It is the duty of the inspectors respectively to be in constant attendance during the hours allotted for the discharge of their several duties, and any inspector who wilfully absents himself from his duties is deemed guilty of a misde- meanour, and on conviction thereof is punished by a fine of not less than $25 or more than $100. Said reg- isters each contain a list of the per- sons qualified and entitled to vote in the election district, alphabetically arranged according to their respective surnames, so as to show in one column the names at full length, and in an- other column, in incorporated vil- lages, the residence by the number of dwelling, if there be a number, and the name of the street or other location of dwelling - place of each person. It is the duty of the in- spectors to enter in the list the names of all persons residing in their elec- tion district where names appear on the poll-list kept in the district at the last preceding general election ; and in all villages which come under the provisions of this Act to enter the number of the dwelling and name of street or other location, if the same is known to, or can be ascer- tained by, such inspectors ; and for such purpose the inspectors are authorised to take from the office in which they are filed the poll-list made and filed by the inspectors of the district at the general election held next prior to the making of the register. In case a new election district is formed, the inspectors enter in the list the names of such persons entitled to vote in the new election district, whose names appear on the poll-list of the last general election kept in the district or dis- tricts from which the new election district is formed. The inspectors complete, as far as practicable, the said register on the day of their meeting, and make four copies there- of, and certify the register and each of the copies to be a true list of the voters in their district, so far as the same are known to them ; within two days thereafter the original list, together with the list taken from the office as stated, is filed by the in- spectors in the office of the town- clerk of the town, and in the office of the village clerk in which the election district may be. One copy of the list is, immediately after its comple- tion, posted in some conspicuous place in the room in which such meeting is held, and shall be acces- sible to any elector who may desire to examine it or make copies of it. The board of inspectors meet on the Friday of the week preceding the day of general election in their re- REGISTRY LAWS. 451 spective election districts at the place designated for holding the polls of election, for the purpose of revising and correcting the lists ; and for this purpose they meet at 9 A.M. and re- main in session until 7 P.M. of that day ; and they there revise, correct, add to, and subtract from, and com- plete the lists ; and on that day add to the list the name of any person who would on the first Tuesday in November be entitled, under the pro- visions of the constitution and the laws of the state, to exercise the right of suffrage in their respective election districts. But in making such addi- tion on that day or on any prior day, they shall not place on the list the name of any person except in strict compliance with the provisions of this Act of 1880 (chap. 576). The pro- ceedings of the board of inspectors are open, and all persons residing and entitled to vote in the district are entitled to be heard by the inspectors in relation to corrections or additions to the register. One of the lists so kept by the inspectors as stated is used by them on the day for making corrections or additions for the pur- pose of completing the registry for such district. No addition is made to the register of the name of any person, nor is the name of any person placed thereon, except of one who has appeared in person before the board ; and any person not born in the United States, on applying to have his name placed on the registry, shall prove that he is a citizen of the United States. It is the duty of the inspectors, at their meeting for revis- ing and correcting the list, to erase therefrom the names of non-residents of the district and those not entitled to vote at the election then next to be held. Any elector residing in the district and entitled to vote therein may appear and require his name to be recorded in the alphabetical list ; and upon complying with the require- ments of this Act, the same is record- ed. After the list has been fully completed, the inspectors cause six copies to be made, each of which is certified by them to be a correct list of the voters of the district, one of which is filed in the office of the town-clerk of the town, and of the clerk of the village, and in the office of the county clerk of the county, and one of which copies is retained by each of the inspectors. Any one of the inspectors may, at any authenti- cated meeting of the board, adminis- ter the oath or oaths required by law, when this Act was passed, to test the qualification of electors, and may also administer on the day of the making and completing of the list, to any elector of the district who may be offered as a witness to prove the qualification of any person claiming the right to be registered, the follow- ing oath : " You do swear or affirm that you are an elector of this district ; that you will fully and truly answer all such questions as shall be put to you touching the place of residence and other qualifications as an elector of the person now claiming the right to be registered as a voter in this dis- trict. " And whosoever wilfully swears falsely upon such examination is deemed guilty of perjury. The same lists, required to be made and perfected at general elections, are in the same manner made and per- fected by the inspectors, or other officers of election, at all elections for town and village officers, and all elections for school trustees, or boards of education in any village wherein, under the provisions of law, any of the villages mentioned in this Act elect school trustees or boards of education by ballot ; and the pro- visions and requirements of this Act, so far as the same may be, are appli- cable to such elections, except that the officers required to make such registries meet for that purpose on 452 MILITARY CODE. the Friday preceding the town or village charter election, and on the Friday preceding the election for j school officers, for the purpose of making up, revising, correcting, and ; completing such register. Nothing in this Act is held to apply to any j vote cast, or offered to be cast, nor to ; any vote under or by virtue of the provisions of any law enacted to enable qualified electors of this state absent therefrom in the military ser- vice of the United States, or in the Army, or Navy thereof, to vote. The provisions of this Act apply to the towns of Richmond county and to the town of Olean, Cattaraugus county, and the town of Cortlandt, Westchester county. It does not apply to any town unless at least twenty-five electors thereof petition the supervisor of the town for such registry at least one week before the time for meeting of the inspectors on the Friday of the week preceding the day of general election. This peti- tion is immediately filed by the supervisor in the office of the towii- clerk, who at once notifies the in- spectors. This Act is not construed to repeal, or in any manner interfere with, any general or special Act for a registry of voters in any of the cities, villages, or towns of this state. No vote is received at any general election in this state, unless the name of the person offering to vote be on said registry made on the Friday pre- ceding the election, except that the person offering to vote in any district not in an incorporated city nor in an incorporated village having over 10,000 inhabitants, furnish to the board of inspectors his affidavit giving his reasons for not appear- ing on the day for correcting and certifying the list, and prove by the oath of a householder of the district in which he offers his vote that he knows such person to be an inhabit- ant of the district ; and any person whose name is on the registry may be challenged, and the same oaths shall be put as are prescribed by law. At any general election held in the state any of the inspectors of such election may take the affidavit required by law to be furnished by persons offer- ing to vote whose names are not on the registry of electors ; and such in- spectors, or one of them, shall upon request take and certify such affidavit without fee or reward. And all other officers authorised by law to take affidavits shall at all times, upon request, take and certify any affidavit so required to be furnished as stated, without any charge there- for. The other provisions of this Act (laws of 1880, chap. 576) as to checking on the list of voters voting, the entry to be made by clerks at each poll ; statement to be made by electors ; punishment for wilful false swear- ing ; checking of poll - list ; clerk for board of register ; registers to be open and public ; compensation blanks, &c. ; powers to preserve or- der ; punishment for falsely regis- tering, &c., false swearing, &c., are practically the same as those de- scribed when treating of chap. 570 of the laws of 1872. MILITARY CODE. The military code of the state is embodied in chap. 80 of the laws of 1870, and it may be divided into sixteen articles, viz. : I. Of the persons subject to mil- itary duty. II. Of the enrolment of persons subject to military duty. MILITARY CODE. 453 III. Of the general organisation of the militia, and of the organisation of the National Guard of the State of New York. IV. Of the organisation of the gen- eral staff. V. Of the duties of certain officers of the general staff, and of various matters connected with their respec- tive departments. Of the adjutant-general ; of the in- spector-general ; of the chief of ordnance; of the judge-advocate- general. VI. Of the election and appoint- ment of military officers, and the tenure of their offices. VII. Of the organisation of bands of musicians. VIII. Of arms, uniforms, and equipments. IX. Of armouries how provided and how taken care of. X. Of the drills, parades, and ren- dezvous of the National Guard. XI. Of compensation for military services. XII. Of the regimental, battalion, and separate troop battery fund, and their boards of auditors. XIII. Of courts of inquiry and courts-martial. Of courts of inquiry and courts- martial for the trial of officers ; of regimental and battalion courts-martial ; of the imposi- tion of penalties and fines for violating the provisions of this Act ; of the collection of fines and penalties ; general provisions applicable to all courts-martial and courts of inquiry. XIV. Of invasion, insurrection, and breaches of the peace. Of invasion and insurrection ; of riots, tumults, breaches of the peace, and resistance to process ; of drafts of the militia. XV. General and miscellaneous pro- visions. XVI. Of rifle practice. All able-bodied male citizens, and males of foreign birth who have de- clared their intention to become citi- zens, between the ages of eighteen and forty-five years, residing in this state, and not exempted by the laws of the United States, are subject to military duty, excepting 1. All persons in the Army or Navy or Volunteer force of the United States, and those who have been honourably discharged there- from. 2. All the members of any regu- larly organised company or depart- ment in any city, village, or town in this state, and also those who have served the full time in such com- panies, and have received proper cer- tificates as exempt firemen. But no member of the National Guard is re- lieved from duty in the National Guard by reason of his joining any such fire company or department. 3. All commissioned officers, who have served as such in the militia or the National Guard of this state, or in any one of the United States, for the term of five years ; but no officer is so exempt unless he has been hon- ourably discharged from said service after having served the said term of five years ; and also all supernumerary commissioned officers who, within one year from the date of being rendered supernumerary, and yearly thereafter, have reported themselves as such to the adjutant-general. 4. Every non-commissioned officer, musician, and private who has per- formed service in any regiment, bat- talion, troop, battery, or company of the National Guard for the term of five years and been honourably dis- charged therefrom. 5. Idiots, lunatics, paupers, habit- ual drunkards, and persons convicted of infamous crimes. The aforesaid excepted persons in- cluded in subdivisions 1, 2, 3, and 4 are liable to military duty in case of 454 MILITARY CODE. war, insurrection, or invasion, or im- minent danger thereof. Under the direction of the com- mander - in - chief, and whenever he deems it necessary, and orders such enrolment to be made, all persons liable to military duty, other than members of the National Guard, are enrolled by suitable persons, appoint- ed by the commander-in-chief, in each town and city of the state ; and this enrolment distinctly states the name and residence of each person enrolled. Three copies of the enrolment are prepared by the person making it, and after the same have been cor- rected, as provided in the code, one is filed in the office of the town or city clerk in which the enrolling per* son's district is situated, one is filed in the office of the clerk of the county wherein such district is situated, and one is filed in the adjutant-general's office. These rolls are so filed within ten days after the enrolment is made ; and the officer or person mak- ing the enrolment, at the time of making the same, serves upon each person enrolled a notice, by delivery to him personally or by leaving it with some person of suitable age and discretion at his place of residence, that he is enrolled as liable to mil- itary duty. All persons, except mem- bers of the National Guard and of regularly organised fire companies or departments, claiming exemption from such duty, must, on or before the fifteenth day then next ensuing, file a written statement of such ex- emption, verified by affidavit, in the office of the county, town, or city clerk designated in said notice : blank notices for such purpose are furnished by the adjutant-general. Such clerk thereupon, if such person be exempt according to law, marks the word "exempt" opposite his name; and the remainder of all thus enrolled, and not thus found to be exempt, constitute the reserve militia of the state, and such clerk transmits a copy of the corrected roll to the adjutant- general. To the end that the mem- bers of the National Guard and of regularly organised fire companies or departments shall not be thus en- rolled, the commanding officer highest in rank in the National Guard and in the fire department in each city or town, whenever an enrolment is or- dered, files in the office of such county, town, or city clerk a certified list of the names of all persons in his command. For the purpose of pre- paring the enrolment, the assessors in each city, village, town, or ward of this state allow persons appointed for that purpose, as stated, at all proper times to examine their assessment- rolls and to take copies thereof ; and the clerks of all counties, towns, and cities, in like manner, at all proper times allow the said persons to ex- amine and copy the poll-lists on files in their offices. All hotel, inn, or tavern keepers, keepers of boarding- houses, persons having boarders in their families, and any master or mistress of any dwelling-house shall, upon the application of any person authorised to make such enrolment, give information of the names of all persons residing or lodging in such houses liable to be enrolled, and all other proper information concerning such persons as such authorised per- son may demand. If any person, of whom information is required by any such authorised person, in order to enable him to comply with the pro- visions of this Act, shall refuse to give such information, or shall give false information, he or she forfeits or pays $10 for each item of informa- tion demanded of him or her by any such authorised person and falsely stated, and the like sum for each in- dividual name that may be refused, concealed, or falsely stated ; and every person who refuses to give his own name and proper information MILITARY CODE. 455 forfeits and pays a like sum, such penalties to be recovered in any court of competent jurisdiction in the name of the people of the State of New York ; and it is the duty of such authorised persons to report the names of all persons who incur any penalty thus prescribed to the district attor- ney of the district in which they re- side, whose duty it is to prosecute the same. The commander-in-chief organises and arranges the state into such divi- sion districts as local circumstances and public convenience permit ; and he may alter, divide, annex, consoli- date, or disband the districts in his discretion, and retire any officer ren- dered supernumerary by any such alteration, division, annexation, con- solidation, or disbandment. By the said Act of 1870, the Na- tional Guard of the State of New York consists of the uniformed mili- tia, and such volunteers as enrol them- selves or enlist therein, and are or- ganised in such number of divisions, brigades, regiments, battalions, troops, batteries, and companies, and of such arms of the service as the commander- in-chief determines and designates. The divisions, brigades, regiments, battalions, troops, batteries, and com- panies remained as established at the date of said Act subject, however, to the power of the commander-in- chief to alter, divide, consolidate, transfer, or disband the same ; pro- vided that the aggregate force of the same in the time of peace, fully armed, uniformed, and equipped, should not exceed the number of 20,000 non- commissioned officers, musicians (ex- clusive of musicians organised into bands not enlisted), and privates. But the commander - in - chief has power, in case of war, insurrection, or invasion, or imminent danger thereof, to increase the force beyond the said 20,000, and organise the same as the exigencies of the service may require. The organisation of the National Guard conforms gener- ally to the provisions of the laws of the United States, and the system of discipline and exercise conforms as nearly as may be to that of the Army of the United States. Every com- missioned officer provides himself with arms, uniform, and equipments; and every non-commissioned officer, musician, and private provides him- self with a uniform and equipments according to the rules and regula- tions prescribed by law, and subject to such restrictions, limitations, and alterations as the commander-in-chief may order ; but every non-commis- sioned officer, musician, and private is furnished at the expense of the state with arms ; and such uniform, arms, and equipments shall in no case be different from those pre- scribed by the general regulations of the military forces of the State of New York, unless by special authority of the commander-in-chief. In lieu of uniforms and equipments being furnished by the state to non- commissioned officers and privates, there is annually paid by the state to the military fund of each regi- ment, battalion, and separate troop, battery, or company of infantry, for the purpose of aiding the non-com- missioned officers, musicians, and pri- vates of said organisations in procur- ing their uniforms and equipments, a sum equal to $8 for each of its non-commissioned officers, musicians, and privates who paraded during the year preceding, fully uniformed, armed, and equipped according to the provisions of this Act, at least seven different times four of which, in the case of regiments and battalions, shall have been on the occasion of the par- ade of the whole organisation. The money thus appropriated for uniforms and equipments is held sacred and in- violate for that purpose, and shall not in any event be expended for any 456 MILITARY CODE. other ; provided, however, that uni- forms and equipments may be fur- nished to new organisations in the first instance by the state. But the provisions of sections 113 and 114, relating to equipments, do not apply to the enlisted men of the cavalry and artillery, except in so far as their personal equipments are con- cerned. No arms or equipments are furnished to any company or corps unless it is connected with the regu- lar military organisation of the state. The commanding officer of each regiment, battalion, troop, bat- tery, or company, is responsible for the safe - keeping and return of all arms and equipments committed to his charge, and executes such bonds as the commander-in-chief shall re- quire from time to time ; and no arms and equipments are furnished until bonds for the safe - keeping and re- turn of the same are made out and approved by the commander-in-chief, nor until a suitable armoury or place of deposit for the same is assigned, rented, or erected. The command- ing officer distributes the arms and equipments to his command as he deems proper. Whenever the com- missioned officers of the National Guard make application to the com- manding officer of their regiment or battalion for any suitable arms or equipments, and at the same time furnish him with sufficient bonds for the safe- keeping and return of the same, he may deliver to such officers such arms or equipments belonging to the state as he deems proper ; but no such arms or equipments shall be delivered unless the bonds given for the safe -keeping and return thereof are approved by the sureties who be- came responsible in the bonds fur- nished to the commander-in-chief for all such arms and equipments. When an organised troop, battery, or company has reached the mini- mum strength (46 non-commissioned officers, musicians, and privates) who regularly attend the drills and par- ades, the supervisors of the county in which such troop, battery, or com- pany is located shall, upon the de- mand of the captain or commandant of such troop, battery, or company, countersigned by the commandant of the brigade or division to which it is attached, erect or rent within the bounds of such county, for the use of such troop, battery, or company, a suit- able and convenient armoury, drill- room, and place of deposit for the safe- keeping of the arms, uniforms, equip- ments, accoutrements, and camp equi- page furnished under the provisions of this Act. Whenever the division commander and the inspector - gen- eral shall deem expedient that a regimental or battalion armoury be provided to be used by all the com- panies of a regiment or battalion, the supervisors of the county in which such regiment or battalion is located shall, upon the demand of the commandant of such regiment or battalion, erect or rent within such county suitable and convenient prem- ises, approved by the division com- mander and the inspector - general, for a regimental or battalion armoury, to be used by all the companies of such regiment or battalion, except in places where such accommodation is provided in a state arsenal. In the city and county of New York, on the proper demands, countersigns, and certificates, the board of alder- men of the city of New York, by a resolution duly passed by a major- ity of all the members elected to said board and approved by the mayor, may authorise the purchas- ing and leasing of lands, and the leasing or erection of buildings for armouries and drill - rooms for the use and occupation for military pur- poses of the National Guard in the city and county of New York. All leases so authorised must be ap- MILITARY CODE. 457 proved as to their form, terms, and manner of execution by the . mayor, the president of the board of alder- men, and the comptroller of the city of New York, or a majority of them ; and the sums of money reserved for rent therein shall be inserted in the annual tax levy, and raised by tax- ation, as in the case of moneys ap- propriated for the erection of such buildings. A resolution, passed and approved as stated, may authorise the purchasing and leasing of lands and the erection of buildings for armouries and drill-rooms upon lands belonging to the city of New York, other than the public squares and parks of said city, and shall desig- nate the lands to be used for such purpose, and specify the sum appro- priated therefor, which sum shall be inserted in the annual tax levy by the board of estimate and apportion- ment, and raised by taxation upon the estates liable to taxation in said city. The sum appropriated for the purchasing and leasing of lands and the erection of buildings may be in- serted in one annual tax levy or dis- tributed among several, as the board of estimate and apportionment may deem proper. Whenever such a resolution authorising the purchas- ing, &c., has been passed and ap- proved, the department of public works is authorised and required to proceed with the work of erecting such building on the lands desig- nated. As soon as may be after the passage of said resolution, the mayor, the president of the board of alder- men, and the commissioner of pub- lic works of said city, or a majority of them, meet at the office of the mayor on the call of the latter, and select and employ as soon as possible a competent architect to draw plans and specifications for such building, and to superintend its construction and erection ; and thereafter when made, or from time to time, such plans and specifications in duplicate are submitted to be passed upon and approved in writing by the mayor, the president of the board of alder- men, the commissioner of public works, and the commandant of the first division of the National Guard, or a majority of them ; and there- upon one of such duplicates is filed for record with the department of public works. As soon as such plans and specifications have been accept- ed and approved, the department of public works proceeds forthwith to make and let the contracts for the work and materials required, in the same manner and with like effect as contracts for work and supplies are by law made and let by the several departments of the city government. All proper expenses, charges, and bills for the erection of such build- ing are, upon the proper certifica- tion of the superintending architect and the commissioner of public works, paid by the comptroller of the city of New York out of the appropria- tion made as described for said pur- poses. The expense of erecting or renting such armouries, and for pro- viding the necessary camp - stools, apparatus, and fixtures for heating and lighting, and the fuel and gas or oil for the same, and water-closets in such building ; and for properly preserving from injury the arms, equipments, uniforms, and records stored therein, by the construction of suitable lockers, closets, gun-racks, and cases for uniforms, equipments, arms, and records ; and for the main- tenance thereof in good and safe repair, are a portion of the county charges of such county, and are levied, collected, and paid in the same manner as other county charges. But no money is appropriated or expense incurred for furnishing or decorating any building so erected or rented ; and no money is appro- priated or expense incurred, to be 458 MILITARY CODE. paid out of moneys thus levied and collected, except for the erecting or renting of such armouries, unless the necessity of such expenditure has been examined into by the auditing boards of the commands, and certified to as necessary by the respective presidents thereof, who shall report to the adjutant-general annually in December, on or before the 15th day thereof, a recapitulation of the expenses thus incurred. In case an armoury is not erected or rented by the supervisors within three months after the proper application has been made therefor, and there has been a meeting of the board of supervisors, or in case an armoury so erected or rented by the supervisors shall, upon inspection by the inspector-general, be certified by him to be unfit or inadequate for use as an armoury, the commandant of the regiment or battalion, or, in the case of a separ- ate troop, &c., the commandant of the brigade or division to which such battery, &c., is attached, in his dis- cretion, with the approval of the in- spector-general, may rent a room or building to be used as an armoury ; and the amount of annual rent there- of, provided the same does not ex- ceed $500 for each company, &c., in the several cities of this state, and $250 for each troop, &c., not located in cities, is a county charge, and shall be levied, collected, and paid by such supervisors in the same man- ner as other county charges are levied, collected, and paid. The military forces of the state, when in the actual service of the state in time of war, insurrection, invasion, or imminent danger thereof, are, during their time of service, entitled to the same pay, rations, and allowances for clothing as are established by law for the Army of the United States ; provided, how- ever, that the commander - in - chief may, in his discretion, change the pay of such officers, non-commissioned officers, musicians, and privates, as are ordered into actual service, or to attend encampments, and sea and lake coast defence duty, in pursuance of the provisions of said Act, not to exceed the following sum each, for every day actually on duty : 1. To all musicians and privates, |1. 2. To all non-commissioned offi- cers, $1.50. 3. To all commissioned officers of the line below the rank of captain, $2. 4. To all commanding officers of companies, $3. 5. To all field-officers below the rank of colonel, $4. 6. To all commanding officers of regiments or battalions, $5. 7. To all regimental and battalion staff-officers, $2.50 ; and to all non-commissioned staff - officers, $1.50. 8. To all brigade-generals, $6. 9. To all brigade staff-officers, $4. 10. To all major-generals, $8. 11. To all division staff-officers, $5. 12. All mounted officers and all members of any troop of cavalry or battery of artil- lery, mounted and equipped, are paid $2 per day for each horse actually used by them. All officers, non-commissioned offi- cers, musicians, and privates of the National Guard, while on duty or assembled therefor, pursuant to the order of the sheriff of any county or the mayor of any city, in cases of riot, tumult, breach of the peace, resistance to process, or whenever called upon in aid of the civil autho- rities, receive the compensation last stated ; and this compensation and the necessary expenses incurred in subsisting, quartering, and transport- ing the troops are audited, allowed, and paid by the supervisors of the county where such service is ren- MILITARY CODE. 459 dered, and are a portion of the county charges of said county, to be levied and raised as other county charges are levied and raised. The comptroller annually draws his warrant upon the treasurer in favour of the county treasurer of each county for the sum of $1500 for each regiment, and the sum of $1000 for each battalion, and the sum of $1000 for each separate mounted battery, and the sum of $200 for each separate battery not mounted, and the sum of $600 for each separate troop of cavalry, and the sum of $500 for each separate company of infantry, certified by the adjutant-general to be organised ac- cording to the provisions of this Act (laws of 1870, chap. 80) within the county ; or in case any regiment, battalion, or separate troop, battery, or company of infantry, is organised in two or more counties, then the comptroller draws his warrant in favour of such county treasurer as the adjutant-general may in his cer- tificate direct ; which sums, and also those paid in like manner by the state, in lieu of furnishing uniforms and equipments, together with the fines collected from delinquent offi- cers, non-commissioned officers, musi- cians, and privates, constitute the military fund of such regiment, bat- talion, or separate troop, battery, or company of infantry. Each regi- ment or battalion, separate troop, battery, or company, has an auditing board to audit all just and proper claims on the respective military funds, including those for furnishing uniforms and equipments, and to make their order on the proper county treasurer, which requires him to pay such claims out of any moneys in his hands belonging to the military fund of such regiment, &c. ; but such order is not paid by the county treasurer until after the vouchers in support of such claims have been approved by the adjutant-gen- eral. Each county treasurer reports on the first day of March and Sep- tember in each year to the adjutant- general, and also to the commandants of the divisions and brigades whose commands are in part or in whole in his county, the amount of all moneys received and paid out by him on account of each regimental battalion, or separate troop, battery, or com- pany fund, and the balance then remaining in his hands, &c. And the bond required by law to be given by county treasurers for the faithful discharge of their duties is held to apply to any moneys that may come into their hands under the provisions of this Act. In case of insurrection or inva- sion or imminent danger thereof, the commander -in -chief may, by proclamation or otherwise, order and direct the commandants of such companies as he shall designate to accept sufficient volunteers, should the same offer to raise companies, and maintain the same at the max- imum number (the minimum and maximum of non-commissioned offi- cers, musicians, and privates of the troop and company organisation of cavalry, infantry, and gatling bat- tery are 46 and 100 ; and of the battery organisation of artillery, 80 and 120) ; and if sufficient volun- teers should not offer, then a suffi- cient number shall be drafted from the reserve militia, who are there- upon enrolled in said companies, and are liable to duty in case the military forces of the state are called into service. The commander- in-chief has power, in case of in- surrection, &c., to order into the service of the state any of the com- panies, batteries, troops, battalions, regiments, brigades, or divisions of the National Guard, or of other militia of the state that he may deem proper, and under the com- 460 MILITARY CODE. mand of such officers as he shall designate. In case of insurrection, &c., within the limits of any divi- sion, it is the duty of the com- mandant of such division to order out, for the defence of the state, the National Guard, or any part thereof, under his command, and immediately report what he has done, and the circumstances attend- ing the same, to the commander-in- chief through the adjutant-general. Every person who, while in the actual service of the state, is wounded or disabled in opposing or suppressing any insurrection or in- vasion, is taken care of and pro- vided for at the expense of the state. In case of any breach of the peace, tumult, riot, or resistance to process of this state, or imminent danger thereof, it is lawful for the sheriff of any county, or the mayor of any city, to call for aid upon the commandant of any division, brigade, regiment, battalion, troop, battery, or com- pany ; and it is the duty of the com- manding officer of the division, &c., upon whom such call is made to order out, in aid of the civil authorities, the military force, or any part there- of, under his command ; and he shall immediately report what he has done, and all the circumstances at- tending the same, to the commander- in-chief through his intermediate com- manders ; and in such case it is not necessary for commandants of troops, batteries, or companies to issue writ- ten orders or notices for calling out their men, but verbal orders and notices are sufficient. The men so ordered out are provided with a suffi- ciency of proper ammunition and arms in complete order for actual service. Such commanding officer is subject, as provided by law, to the sheriff or public officer who so re- quires his aid ; and for refusing or neglecting to obey the order of such sheriff, &c. , or for interfering or in any way hindering or preventing the men of his command from performing such duty, or in any manner, by ne- glect or delay, preventing the due execution of law, every such com- manding officer, and every commis- sioned officer under his command, so offending, is liable to a fine of not less than $100, nor more than $500, and imprisonment in the county jail for a period not exceeding six months. It is the duty of the district attorney of any county wherein the offence described is committed to prosecute the same ; and in addition thereto, such commanding or other commis- sioned officer is liable to be tried by court-martial and sentenced to be cashiered and incapacitated for hold- ing any military commission in this state for ever after. Any non-com- missioned officer, musician, or private who neglects or refuses to obey the orders of his commanding officer in the cases of insurrection, or invasion, riot, tumult, breach of the peace, and resistance to process, is liable to a fine of not less than $25 nor more than $100, and imprisonment in the county jail for a period not to exceed three months, to be prosecuted and recovered in the manner provided in the case of commissioned officers. All officers, non-commissioned officers, musicians, and privates, in cases of riot, &c., when called upon in aid of the civil authorities, receive the said special compensation, and are sub- sisted, quartered, and transported ; and every person who is wounded or disabled in such service is taken care of and provided for at the expense of the county where such service is ren- dered, and all the expense attending such use of the troops is a county charge, to be levied and collected as other county charges are levied and collected. Whenever the President of the United States or the commander-in- MILITARY CODE. 461 chief orders a draft from the militia for public service, it is made thus : 1. When the draft required to be made is for a number equal to one or more companies in each brigade of the National Guard, it is made by company, determined by lot, drawn by the commandant of brigade, in the presence of the commanding offi- cers of the regiments and battalions composing said brigade, from the mili- tary forces of the state in his brig- ade, organised, uniformed, armed, and equipped, according to the provisions of this Act. 2. In case such draft requires a number equal to one regiment or bat- talion, the same is determined by lot as described. 3. In case such draft requires a larger number than the whole num- ber of men composing the National Guard force of said brigade, such ad- ditional draft is made of the requisite number to supply such deficiency from the roll of the reserve militia of each town or city, filed in the office of the county, city, or town clerk, pursuant to the provisions of this Act. Every non - commissioned officer, musician, and private of the National Guard originally enlisting, is held to duty therein for the term of five years ; and in case of re -enlisting, for the term for which he re-enlists, unless disability after enlistment in- capacitates him to perform such duty, and he is regularly discharged in con- sequence thereof by the commandant of his regiment, battalion, separate troop, battery, or company : pro- vided, however, that every such non- commissioned officer, musician, and private shall continue held to duty, and shall retain his rank and be elig- ible to promotion after the expiration of his term of enlistment or re-enlist- ment, so long as he or the comman- dant of his troop, battery, or company omits to apply for his discharge as stated below ; and on such applica- tion being made, his discharge shall not be granted until the expiration of three months from the date of appli- cation, except when the application is made by the commandant, in which case the discharge may be granted immediately. Every commissioned officer and every non-commissioned officer, musician, and private of the National Guard is exempt from jury duty during the time he performs military service ; and every such per- son who has so served five or more years, and been honourably dis- charged, is for ever after exempt from jury duty. Except as other- wise provided, no non-commissioned officer, musician, or private of the National Guard is discharged from service except for physical disability or expiration of term of enlistment. Discharges for physical disability are granted only upon the certificate of the regimental or battalion surgeon ; and in the case of a separate troop, battery, or company, of the surgeon of the division or brigade to which it is attached : always provided, how- ever, that the commandant of each division may for sufficient reasons and in his discretion discharge en- listed men in his division at any time upon the recommendation of the commandant of the troop, battery, or company, with the approval of the commandant of the regiment or bat- talion and of the brigade to which they belong ; and in case of a separ- ate troop, battery, or company at- tached to a brigade, upon the recom- mendation of the commandant thereof, with the approval of the commandant of the brigade ; and in the case of a regiment, separate troop, battery, or company attached to a division, upon the recommendation of the command- ant thereof ; but no enlisted man is discharged from service unless he produces the certificate of his im- mediate commanding officer that he 462 MILITARY CODE. has turned over, or satisfactorily ac- counted for, all property issued to him. Commanding officers of divisions, brigades, regiments, and battalions, and of separate troops, batteries, or companies, make returns to the adjutant - general on the last days of March, June, September, and De- cember in each year, of all changes in their commands during the previ- ous three months, giying the names and grades of the persons discharged, and the cause thereof, and also of those gained by enlistment. When- ever any non - commissioned officer, musician, or private of the National Guard has performed service therein for the term of five years from the date of his enlistment, or for the term for which he may have re-en- listed, properly uniformed, armed, and equipped, according to the pro- visions of said Act, he or the com- mandant of his troop, battery, or company, is entitled to apply for his discharge from the service ; and upon his so applying and presenting the certificate of the commandant that he has performed such service, and has turned over or satisfactorily accounted for all property issued to him, which certificate the command- ant shall give him if warranted by the facts, or upon the commandant of his troop, battery, or company so applying and certifying to such facts, the commandant of the regiment or battalion to which he belongs, or, in case of a separate regiment, battalion, troop, battery, or company, the com- mandant of the brigade or division to which it is attached, grants him a full discharge from the service at the expiration of three months from the date of the application ; but if the application is made by the com- mandant of his troop, battery, or company, the discharge may be grant- ed immediately for sufficient reason, and in his discretion, by the officer authorised to grant the same. The commanding officer of every troop, battery, or company, on the applica- tion of any commissioned or non- commissioned officer, musician, or private of his command, delivers to him a certificate stating that such person is a member of his command, and whether he is uniformed, armed, and equipped according to law, and how recently he may have performed duty in said troop, battery, or com- pany. This certificate, when dated within six months, is deemed for all purposes presumptive evidence of the matter therein stated. The members of any division or brigade staff, and the field, staff, and company officers of any regiment or battalion, may organise themselves into an association ; and such associ- ation, and each troop, battery, and company, may, by a vote of two- thirds of all its members, form by- laws and regulations not inconsistent with said Act (laws of 1870, chap. 80) for the management of their internal affairs. These by - laws, rules, and regulations are binding upon all com- missioned officers, non-commissioned officers, musicians, and privates, but may be altered from time to time as found necessary by the same vote. For violations of these by-laws, rales, and regulations, the non-commissioned officer, musician, or private offending may be expelled from the troop, bat- tery, or company to which he belongs by the vote of -a majority of all its members ; and upon such action be- ing confirmed in orders by the com- mandant of the regiment or battalion, and in case of a separate troop, bat- tery, or company, by the comman- dant of the brigade or division to which it is attached, the name of such per- son is struck from the roll of the troop, battery, or company, his cer- tificate of membership is surrendered and cancelled, and he ceases to be a member thereof, and his time of ser- vice therein is not allowed under the MILITARY CODE. 463 provision of said Act. Whenever a member of any troop, battery, or company has moved beyond the bounds of the state, or having been absent without leave, and having been returned to court-martial, and fined by sentence thereof, and such sentence cannot be enforced for rea- son of inability to find such member ; and such sentence having been pro- mulgated at least three months, the commandant of the troop, battery, or company shall report the names of such members and the causes therefor to the commandant of the regiment or battalion, or of the brigade or division, as the case may be. Upon the return of this report, bearing the approval of the officer to whom it was made, such names are dropped from the company roll. Members so dropped may be taken up by the commandant of the troop, battery, or company by order of the commandant of the division, brigade, regiment, or battalion to which it is attached, upon evidence that such members have resumed their residence in the state, or have voluntarily returned to duty and paid all fines and penal- ties due, or have been arrested and the sentence of court - martial en- forced, and in such cases their names are again entered upon the rolls. Any civil or military officer who ne- glects or refuses to perform any of the duties required of him by the provisions of law, forfeits and pays the sum of not less than $25 nor more than $100 for each and every offence, to be recovered in the name of the people of the State of New York ; and if he wilfully neglects or refuses to perform these duties, he is deemed guilty of a misdemeanour punishable by fine and imprisonment, according to the aggravation of the offence. It is the duty of the district attorney of any county within which such offender resides, upon the complaint of the commanding officer of a brigade, regi- ment, battalion, or separate troop or battery located in such county, to prosecute such offender in any court of competent civil jurisdiction ; and any penalty recovered is paid into the treasury of the county, and be- longs to the military fund of the regiment, battalion, or separate troop or battery to which the offender be- longs, or in which the case may have arisen. It is the duty of the general in- spector of rifle practice, or his assist- ant, to attend the annual competi- tion for the state prize, and as far as practicable all other general com- petitions in marksmanship among the National Guard, and see that these competitions are conducted with fairness and according to the prescribed regulations. He and the division and brigade commanders and inspectors of rifle practice of the com- mands in the district in which the rifle-range of any incorporated rifle association, except the National Rifle Association, is situated, are ex officio directors thereof. These inspectors of rifle practice are authorised to in- spect such rifle-ranges at any time, and in the case of associations or organisations which have received targets, or other articles, and aid from the state, to require a report from their proper officers of their financial condition, and of the con- dition of the state property in their possession, and also to examine their books and vouchers. In case any range or armoury rifle-gallery is, in the opinion of the general inspector or the division inspector of rifle practice, dangerous, they are respectively au- thorised to prevent its being farther used until rendered safe. On the ap- proval of the commander-in-chief, the chief of ordnance may issue to rifle- ranges targets and other appurten- ances and military equipments for the practice of the National Guard thereon, in the same manner as other 464 MILITARY CODE. ordnance stores are issued by him ; and under the direction of the com- mander-in-chief, and with his ap- proval, expenditures may be made from the appropriations for military purposes for services and expenses in maintaining rifle-ranges and pro- moting rifle practice in the National Guard. Before any targets or other appurtenances or military equipments are issued to any rifle association, or any aid given to it by the state, it shall file with the adjutant-general and the general inspector of rifle practice a certified copy of its arti- cles of association and by-laws and other regulations, which must have the approval of the general inspector of rifle practice, to whom must be furnished annually a list of its officers. Such bonds as may be reqxiired by the commander-in-chief are given to secure the care and custody of any targets or other property issued to any rifle-range or association by the state. For the purpose of preserving the property of the state thus issued, and of preventing accidents, and for maintaining order upon such rifle- ranges, the officers and employees of the National Rifle Association, and other rifle associations having a rifle - range, are vested with the powers of constables when in the discharge of their duties, and wear- ing such badge of office as is pre- scribed by said associations respec- tively ; and all persons trespassing upon these rifle-ranges, or injuring any of the targets or other property situate thereon, or wilfully violating thereon any of the regulations estab- lished to maintain order, preserve property, and prevent accidents, are guilty of a misdemeanour. The an- nual "state division prize," not ex- ceeding $100 in value, is offered for competition among the several regi- ments and battalions in each divi- sion ; and a similar prize, not exceed- ing $500, known as the " state prize," is offered for competition among all the regiments and battalions through- out the state. The treasurer of the National Rifle Association (whose range is at Creedmoor), and the treasurer of every other rifle association which re- ceives aid from the state, files with the comptroller and the adjutant-general, within twenty days after the first day of January and the first day of July in each year, a detailed statement of all receipts and expenditures of such rifle associations during the previous six months, verified by such treasurer under oath ; and it is the duty of the presidents of such rifle associations annually, within twenty days after the first day of November, to file with the general inspector of rifle practice a statement in detail of all the pro- perty of said associations and the con- dition of the same. By chap. 69 of the laws of 1845, intituled " An Act to enforce the laws and preserve order," the com- mander-in-chief may, on the applica- tion of any sheriff, deputy sheriff, or district attorney, or either of them, or the mayor or recorder of any city, or the commander of any uniformed company, loan to such officer, or to any military company, or to any number of citizens, or to any city, village, or town, any number of stands of arms and military equipage from any of the arsenals or military stores of this state which he deems proper, and for such time and on such terms and conditions and security as he deems proper. On the application of the sheriff, under-sheriff, or district attorney of any county of the state, with the assent of the majority of the judges of the county courts of such county, the governor may, if in his opinion it is necessary and proper, authorise such sheriff, under-sheriff, district attorney, or some deputy sheriff, to contract with and organise a guard for the protection of any jail or prison in said county, or to arrest, MILITARY CODE. 465 detain, or have in safe-keeping any prisoner or prisoners, or to enforce any process, judgment, or decree of any court ; which application and authority shall be in writing, and a copy thereof filed and recorded in the office of the secretary of state. This written authority specifies the number of persons beyond which the guard shall not extend. This guard is under the command and direction of such officer or officers designated by the governor ; failing whom, the sheriff, under-sheriff, or deputy, and of such officers, military or civil, as are designated by such sheriff or deputy. Whenever the sheriff of any county deems it necessary for the protection of a jail or prison, or the safe-keeping of prisoners, he may, with the assent of one of the judges of the county court, employ a temporary guard until a guard can with reasonable diligence be formed and organised as described. The county pays all expenses of these guards, &c. Whenever the governor is satisfied that the execution of civil or criminal process has been forcibly resisted in any county or counties of the state by bodies of men, or that combinations to resist the execution of such process by force exist in any such counties, and that the power of such county or counties has been ex- erted, and is not sufficient to enable the officer having such process to execute the same, he may, on the application of such officer, or the district attorney of such county, or of one of the judges of the county courts thereof, by proclamation, published in the state paper and in such other papers as he directs, declare such county or counties to be in a state of insurrection, and may order into the service of the state such number and description of volunteer or uni- form companies or other militia of the state as he deems necessary, to serve for such term as he directs, and under the command of such offi- cer or officers as he thinks proper ; and the governor may, when he thinks proper, revoke or declare that such proclamation shall cease at such time and in such manner as he directs. The expenses, and also those of the commissariat and other military de- partments, are audited and allowed by the comptroller, and on his war- rant paid by the treasurer out of any money in the treasury not other- wise appropriated. The books, records, and other pro- perty deposited in the Bureau of Military Statistics are open to free inspection and use at all reasonable hours, but no book or article shall be taken therefrom. The objects of this bureau are, according to the Act of 1864 (chap. 51), to collect and pre- serve, in permanent form, the name of every person who has volunteered or been mustered into the service of the general Government since April 15, 1861, and the personal history of such person while in such service, so far as the same can be ascertained ; a record of the services of the several regiments, including an account of their organisation and subsequent history ; and also an account of the aid afforded by the several towns, cities, and counties of the state. Chapter 690, laws of 1865, provided that there might be organised in any county of the state an aiixiliary to the Bureau of Military Statistics, to be denominated the Auxiliary Bureau of Military Statistics for the County of (naming it), for the following ob- jects : To collect and furnish to the Bureau of Military Statistics, and to preserve in permanent form for the county, a record of the military ser- vices of those who have volunteered or been mustered in the service of the general Government from the county since the 15th day of April 1861, and a brief civil history of such person, so far as the same can 2 G 466 MILITARY CODE. be ascertained ; a record of the ser- vices of the several regiments, com- panies, or batteries raised therein ; and an account of the voluntary aid afforded by the several towns or cities of the county. Any number of persons of full age, provided they exceed in number the towns of the county, who desire to associate them- selves for these objects, may make, sign, and file in the Bureau of Mili- tary Statistics, and in the office of the clerk of the county in which the business of such auxiliary bureau is to be conducted, an application in writing to the chief of the Bureau of Military Statistics (formerly called Bureau of Military Record), in which shall be stated the name or title by which such auxiliary, if established, shall be known ; but this application shall be signed by at least one person from each town in the county. The chief of the Bureau of Military Sta- tistics may then grant a certificate, naming therein a superintendent, and also naming a board of managers, consisting of one from each town, all of whom shall be recommended to him by the person signing the appli- cation, and setting forth certain pre- scribed facts. The superintendent and managers, together with enrolled members, annually elect from the officers or membership a board of managers, and the board of managers thus elected may at their first meet- ing elect a superintendent. A report of the proceedings of each annual meeting, with the names of the officers elected, shall be filed in the Bureau of Military Statistics, and also in the office of the county clerk. No expense exceeding $3 per town shall be imposed upon the state in collecting the statistics and other in- formation for which the auxiliary bureau is organised, nor shall that sum, nor any part thereof, be payable unless an account, setting forth in detail the voluntary aid afforded by citizens of the respective towns in the county, shall be deposited in the Bureau of Military Statistics. If such account is satisfactory to the chief of the Bureau of Military Sta- tistics, he may certify the account of the superintendent of the auxiliary bureau therefor. It was made the duty of town -clerks and of super- visors and county treasurers, and of mayors and common councils of cities, to promote the objects of the bureau by giving all necessary information, &c., &c. By another Act of 1865, a number of gentlemen were named and appointed commissioners to pro- vide a suitable repository for the re- cords of the war of the Rebellion, and for the collections of the Bureau of Military Statistics. It was to be a fire-proof structure called the Hall of Military Record, and to be located in the city of Albany in preference to the city of New York, but condi- tioned on the sum of $75,000 being voluntarily contributed by the people of the state. By an Act of 1866, at the first annual meeting of the boards of the several counties of the state, they might at their discretion levy and collect from such towns, wards, and cities as should not at such time have paid their apportionment, in the same manner as are other town and city taxes, the amounts respec- tively assigned thereto by the com- missioners for the erection of the Hall of Military Record. But no tax should be assessed and levied upon the property of any town until the supervisor thereof should produce to the said board some resolution or other expression from his town or its officers in favour thereof. The Bureau of Military Statistics is a depository for flags, trophies, and mementoes of war. By the laws of 1878, chap. 369, the new Capitol commissioners were required to set apart and suitably furnish sufficient apartments in the new Capitol, to be known and main- TOWNS. 467 tained as the Hall of Military Record ; and the interest arising from the in- vestment of the funds theretofore con- tributed by towns, cities, and indi- viduals for the erection of such Hall of Military Record should be there- after devoted to the maintenance of such Hall of Military Record. TOWNS. Each town (in the State of New York), as a body corporate, has capa- city (1) to sue and be sued in the manner prescribed in the laws of the state ; (2) to purchase and hold lands within its own limits, and for the use of its inhabitants, subject to the power of the legislature over such lands ; (3) to make such contracts, and to purchase and hold such per- sonal property, as may be necessary to the exercise of its corporate or administrative powers ; and (4) to make such orders for the disposition, regulation, or use of its corporate pro- perty, as may be deemed conducive to the interests of its inhabitants. No town possesses or exercises any corporate powers, except such as are enumerated in chapter xi. of the Revised Statutes of the State of New York (seventh edition), or are specially given by law, or are neces- sary to the exercise of the powers so enumerated or given. All acts or proceedings by or against a town, in its corporate capacity, are in the name of the town ; but every con- veyance of lands within its limits, made in any manner for the use or benefit of its inhabitants, has the same effect as if made to the town by name. When a town, seized of lands, is divided into two or more towns, or is altered in its limits by the annexing of a part of its territory to another town or towns, the supervisors and overseers of the poor of the several towns constituted by such division meet as soon as may be after the first town meetings subsequently held in such towns, and when so met have power to make such agreement con- cerning the disposition to be made of such town lands, and the apportion- ment of the proceeds, as they think equitable, and to take all measures and execute all conveyances necessary to carry such agreement into effect. If no agreement is made within six months after such division or altera- tion, the supervisor and overseers of the poor of each town in which any portion of said lands lies, proceed, as soon as may be, to sell and convey such part thereof as is included within the limits of such town as fixed by the division or alteration, and the proceeds are apportioned between the several towns interested therein by the supervisors and over- seers of the poor of all the towns, according to the amount of taxable property in the town divided or altered, as the same existed immedi- ately before such division or altera- tion, to be ascertained by the last assessment-list of the town. When a town possessed of or entitled to money rights and credits or other personal estate is so divided or altered, such personal estate, includ- ing moneys belonging to the town in the hands of town officers, is appor- tioned between the towns interested therein by the supervisors and over- seers of such towns, who meet and apportion in the manner described. Whenever a meeting of the super- visors and overseers of two or more towns is required for the purposes mentioned above, it may be called by either of the supervisors ; but the supervisor calling it shall give at least three days' notice in writing to 468 TOWNS. all the other officers of the time and place of meeting. These provisions do not, however, apply to any ceme- tery or burial-ground which belongs to the town within which it may be situated after a division has been made. Debts owing by a town so divided or altered are apportioned in the same manner as the personal pro- perty of such town, and each town shall thereafter be charged with its share of such debt according to the apportionment. These provisions do not apply to any of the lots granted by the people of the state to any town for the support of the Gospel and schools, commonly called the Gospel and school lots. There are chosen at the annual town meeting in each town 1 super- visor, 1 town - clerk, 1 assessor, 1 collector, 1 or 2 overseers of the poor, 1, 2, or 3 commissioners of highways, and not more than 5 con- stables, also the number of justices of the peace to which the town is entitled ; but any greater number of these officers respectively, or of other officers, where the power to elect such greater number has been con- ferred by any other statute, may be elected at such town meeting. These provisions do not authorise the elec- tion of overseers of the poor in any town in the counties of Richmond or Kings. The assessors and commis- sioners of highways elected in every town are, by virtue of their offices, fence-viewers of their town. The electors of each town have power, at their annual town meeting, for their respective towns 1. To determine what number of assessors, constables, and pound-mas- ters shall be chosen for the then en- suing year. 2. To elect such town officers as may be required to be chosen. 3. To direct such sum to be raised for the support of common schools for the then ensuing year as they may deem necessary, but not exceed- ing a sum equal to the amount re- quired by law to be raised therein for that purpose. 4. To direct the institution or de- fence of suits at law or in equity in all controversies between the town and corporations, individuals, or other towns. 5. To direct such sum to be raised for prosecuting or defending such suits as they may deem necessary. 6. To take measures and give direc- tions for the exercise of their corpor- ate powers. 7. To make such provisions and allow such rewards for the destruc- tion of noxious weeds as they may deem necessary, and to raise money therefor. 8. To establish and maintain pounds at such places as may be convenient. 9. To establish the compensation of the fence - viewers, commissioners and inspectors of schools, and col- lector of such town ; but the com- pensation of the collector shall in no case be more than 5 nor less than 3 per cent. 10. To make from time to time such prudential rules and regulations as they may think proper for the better improving of all lands opened by the town in its corporate capacity, whether commons or otherwise ; for maintaining and amending partition or other fences around the same, or any part thereof, and circular fences for their lands, gardens, orchards, and meadows, for protecting such lands from any trespass, and for directing the time and manner of using the same. 1 1 . To make the like rules and regulations for ascertaining the suf- ficiency of all fences in the town ; for determining the times and manner in which cattle, horses, or sheep shall be permitted to go at large on high- ways ; and for impounding animals. TOWNS. 469 12. To impose such penalties on persons offending against any rule or regulation established by the town, excepting such as relate to the keep- ing and maintaining of fences, as they may think proper, not exceed- ing $12.50 for each offence. 13. To apply such penalties, when recovered in such manner, as they may think most conducive to the interests of the town. In addition, the electors of each town, bound to support its own poor, have power at their annual town meeting to direct such sum to be raised in such town for the support of the poor for the ensuing year as they deem necessary. And every town may raise any money that may be necessary to defray any charges that may exist against the overseers of the poor of such town. Special town meetings are held to supply vacancies in certain cases. They are also held whenever twelve or more persons eligible to the office of supervisor of the town, by applica- tion in writing, signed by them, and addressed to the town-clerk, require a special town meeting to be called for the purpose of raising moneys for the support of common schools or of the poor, when a proposition to that effect has not been acted upon at the annual town meeting ; or for the pur- pose of deliberating in regard to the institution or defence of suits or the raising of moneys therefor ; and no special town meeting has power to act on any subjects other than those now specified. No previous notice need be given of the annual town meeting ; but the town-clerk shall, at least eight days before the holding of any special town meeting, cause notices thereof, under his hand, to be posted at four or more of the most public places in the town, specifying the time, place, and piirposes of the meeting. Every order and direction, and all rules and regulations made by any town meeting, remain in force until altered or repealed at some sub- sequent town meeting. Whenever a town meeting is held in any town, no civil process shall be served in the town on any elector entitled to vote therein on any day during which the town meeting is held. It is the duty of the justices of the peace of each town to attend every town meeting held therein ; and such of them as are present preside at the meeting and see that it is orderly and regularly conducted. The offi- cers so presiding have the like author- ity to preserve order, to enforce obe- dience, and to commit for disorderly conduct, as is possessed by the board of inspectors at a general election. If there be no justice of the peace present at such meeting, then such person as is chosen for that purpose by the electors present presides and possesses the like powers as the justices. The town-clerk last before elected or appointed is the clerk of the town meeting, and keeps faithful minutes of its proceedings, in which he enters at length every order or direction, and all rules and regula- tions made by such meeting. If the town-clerk is absent, then such per- son as is elected for that purpose by the electors present acts as clerk of the meeting. Town meetings are kept open in the day - time only, between the rising and setting of the sun, and, if necessary, may be held two days successively, but no longer ; and the canvass of the votes may be commenced, at the option of the canvassers, upon the election day, and continued after sundown, or be had upon the next day. All ques- tions upon motions made at town meetings are determined by the ma- jority of the electors voting; and the officers presiding at the meeting as- certain and declare the result of the votes upon each question. If any person offering to vote at any elec- 470 TOWNS. tion or upon any question at a town meeting is challenged as unqualified, the presiding officers proceed there- upon in the manner prescribed in the general election law, and no person whose vote has been received upon such challenge shall be again chal- lenged upon any other question aris- ing at the same town meeting. The minutes of the proceedings of every town meeting, subscribed by the clerk and by the officers presiding, are filed in the office of the town-clerk within two days after the meeting. Provision is made against false-swear- ing, subornation of perjury, bribery, menace, changing votes, non-residents voting, voting in more than one town, &c., &c. The town meetings of the several towns in the respective counties of the state are held on some day between the first day of February and the first day of May in each year, appointed from time to time by the boards of supervisors of the several counties by resolution, so that the town meetings of every town in the county shall be held on the same day. Each board of supervisors fixes the time for their respective counties at their pleasure, within the period aforesaid, and the resolution so fixing the time is duly published, and the day so fixed remains the day established for said town meetings for at least three successive years, and until changed by a resolution of said boards. The time for transact- ing the business of the towns, which requires a vote of the people thereof, is fixed at 12 o'clock noon of the day of the annual town meeting for the election of town officers, and con- tinues without adjournment until finished, excepting the balloting for town officers and the duties connected therewith. No question involving the expenditure of money shall be introduced after 2 P.M. of the same day. The last two provisions do not apply to any town wherein the man- ner of holding town meetings is regu- lated by special Act. Before the electors proceed to elect any town officers, proclamation is made of the opening of the poll, and proclamation is in like manner made of each adjournment, and of the opening and closing of the poll, until the election is ended. The super- visors, town-clerk, assessors, collector, overseers of the poor, commissioners of highways, commissioners and in- spectors of common schools, con- stables, and justices of the peace, are chosen by ballot, while all other officers are chosen either 1. By ballot ; 2. By ayes and noes ; or, 3. By the rising or the dividing of the electors. When the electors vote by ballot, all the officers voted for are named in one ballot, which contains, written or printed, or partly written and partly printed, the names of the persons voted for, and the offices to which such persons are intended to be chosen, and these ballots are delivered to the presiding officers so folded as to con- ceal the contents. The poll-list is kept by the clerk of the meeting, on which is entered the name of each person whose vote is received ; and the presiding officers deposit the ballots in a box constructed, kept, and disposed of as near as may be in the manner prescribed in the general election law. At the close of every election by ballot the pre- siding officers proceed publicly to canvass the votes, which, when com- menced, is continued without adjourn- ment or interruption until it is com- pleted. The canvass being completed, a statement of the result is entered at length by the clerk of the meeting in the minutes of its proceedings, which he publicly reads to the meet- ing ; and this reading is deemed notice of the result of the election to every person whose name has been entered TOWNS. 471 on the poll- list as a voter. Within ten days thereafter the clerk of every town meeting transmits to each per- son elected to any town office, whose name has been entered on the poll- list as a voter, a notice of his elec- tion. No person is eligible to any town office unless he is an elector of the town for which he is chosen. No loan officer appointed under the Act of the 14th of March 1792, entitled "An Act for loaning monies belong- ing to this state," is during his con- tinuance in that office eligible to the office of supervisor. Every person chosen or appointed to the office of supervisor, town-clerk, assessor, over- seer of the poor, commissioner of highways, or town-sealer, before he enters on the duties of his office, and within ten days after he is notified of his election or appointment, shall take and subscribe before some justice of the peace or commissioner of deeds, the oath of office prescribed by the constitution of the state. This oath is administered without reward ; and the justice or commissioner, also with- out reward, certifies in writing the day and year when the same was taken, and delivers such certificate to the person by whom the oath was made, who, within eight days there- after, shall cause it to be filed in the office of the town-clerk. Neglect to take and subscribe this oath, and to file the certificate thereof as stated, is deemed a refusal to serve. Every person chosen or appointed to the office of overseer of highways, or commissioner or inspector of common schools, or pound-master, before he enters on the duties of his office, and within ten days after he is notified of his election or appointment, shall cause to be filed in the office of the town- clerk a notice in writing signi- fying his acceptance of such office ; and if he does not do so, the neglect is deemed a refusal to serve. Every person chosen or appointed to the office of collector, before he enters on the duties of his office, and within eight days after he receives notice of the amount of taxes to be collected by him, shall execute to the super- visor of the town and lodge with him a bond with one or more sureties, approved of by such supervisor, in double the amount of such taxes, conditioned for the faithful execution of his duties as collector. Within six days thereafter the supervisor shall file this bond, with his appro- bation indorsed thereon, in the office of the county clerk, who makes an entry thereof in a book provided for the purpose, in the same manner as judgments are entered of record ; and every such bond is a lien on all the real estate held jointly or sever- ally by the collector or his sureties within the county at the time of the filing thereof, and continues to be such lien till its condition, together with all costs and charges which may accrue by the prosecution thereof, are fully satisfied. Every person chosen or appointed to the office of constable, before he enters on the duties of his office, and within eight days after he is notified of his elec- tion or appointment, shall take and subscribe the constitutional oath of office, and shall execute in the pres- ence of the supervisor or town-clerk of the town, with at least two suffi- cient sureties approved of by such supervisor or town-clerk, an instru- ment in writing by which such con- stable and his sureties, jointly and severally, agree to pay to each and every person who may be entitled thereto, all such sums of money as the said constable may become liable to pay on account of any execution which is delivered to him for collec- tion ; and all jointly and severally agree and become liable to pay each and every such person for any damages which he may sustain from or by 472 TOWNS. any act or thing done by said con- stable, by virtue of his office of con- stable. Every constable so chosen or appointed shall in good faith be an actual resident of the town or ward in which he is chosen or ap- pointed. The supervisor or town- clerk indorses on such instrument his approbation of the sureties therein named, and shall then cause the same to be filed in the office of the town- clerk, and a copy of this instrument, certified by the town-clerk, is pre- sumptive evidence in all courts of the execution thereof by such con- stable and his sureties. All actions against a constable or his sureties upon any such instrument shall be prosecuted within two years after the expiration of the year for which the constable named therein has been elected. If any person chosen or ap- pointed to the office of collector or constable does not give the security and take the oath required within the time limited for that purpose, such neglect is deemed a refusal to serve. If any person chosen or ap- pointed to the office of supervisor, town - clerk, assessor, commissioner of highways, or overseer of the poor, refuses to serve, he forfeits to the town the sum of $50 ; and if any person chosen or appointed to the office of commissioner or inspector of common schools, overseer of high- ways, pound -master, or town -sealer, refuses to serve, he forfeits to the town the sum of $10. No Quaker, or reputed Quaker, chosen or ap- pointed to the office of assessor, is liable to the said penalty if he affirms, within three days after receiving notice of his election or appointment, that he has conscientious scruples about executing the duties of that office. Such affirmation is made before some one of the justices of the town, who, without reward, cer- tifies in writing the day and year when the same was taken ; and such person within eight days thereafter causes said certificate to be filed in the office of the town-clerk. If any town officer who is required by law to take the oath of office enters upon the duties of his office before taking the oath, he forfeits to the town the sum of $50. Town officers hold their offices for one year, and until others are chosen or appointed in their places and have qualified. The oath of office of any town officer, except justices of the peace and com- missioners of deeds, may be sub- scribed and sworn before, and cer- tified by, the town-clerk of the town in which such officer is elected, with- out fee or reward. The supervisors of the several towns which have local school funds belonging to the town have to give an additional bond, with two or more sureties, in double the amount of all school moneys, funds, or securities under their respective control or custody. Justices of the peace hold office for four years, unless elected or appointed to fill vacancies. They take the oath of office before the clerk of the county in which they have been elected or appointed, at any time before the fifteenth day of January next succeeding their elec- tion or appointment. Each justice, in towns or cities, before he enters upon the duties of his office, executes an instrument in writing, with two sureties approved by the supervisor, or the town-clerk where the justice of the peace is also supervisor of the town, or the common council of the city in which such justice resides, conditioned that he will pay over on demand to the officer, person, or per- sons entitled to the same, all moneys received by him by virtue of his office ; and, previous to entering upon the discharge of his official duties, files this instrument in the office of the clerk of the city or town in which he resides. Before being sworn into office, he has to file with the county TOWNS. 473 clerk a certificate of the town or city clerk that he has filed the said bond ; and no justice of the peace shall be sworn into office until he has filed such certificate as aforesaid. These provisions as to justices of the peace do not apply to the city and county of New York, or to those cities whose charters require these officers to give such bonds. If any town omits or neglects at its annual town meeting to choose its proper officers, or any of them, it is lawful for any three justices of the peace of said town, by a warrant under their hands and seals, within five days after the town meeting, to appoint such officer or officers ; and the person or persons so appointed hold their respective offices until others are chosen or appointed in their places, and have the same powers and are subject to the same duties and penalties as if they had been duly chosen by the electors ; but if the justices of the peace fail to so appoint, it is the duty of the town-clerk, within thirty days there- after, to call a special town meeting for the purpose of electing such offi- cer or officers. Such warrant of the justices is filed forthwith in the office of the town - clerk, who forthwith gives the appointees notice. Any three justices of the peace may, for sufficient cause shown to them, ac- cept the resignation of any town officer of their town ; and whenever they accept any such resignation, they shall forthwith notify the town- clerk thereof. If any person chosen or elected to be a town officer refuse to serve, or die, or resign, or remove out of the town, or become incapable of serving before the next annual town meeting, the town-clerk, with- in eight days after the happening of such vacancy, on the petition of not less than twenty-five legal voters of the town, calls a special town meet- ing for the purpose of supplying the same. In case a special town meet- ing is not so called, then, and not otherwise, any vacancy so occurring is filled by appointment made by not less than three justices of the peace of the town. But this does not ap- ply to the filling of vacancies in the office of justice of the peace or any other town office where special pro- vision is made by law for the mode and manner of filling the same. If the electors do not, within fifteen days after the happening of a va- cancy, supply the same by an elec- tion at town meeting, the same is supplied by the justices of the town, in the manner and with the effect described. Vacancies in all town offices, except the office of supervisor, assessor, commissioner of highways, overseer of the poor, collector, or overseer of highways, are supplied by the justices of the town in the manner described. Vacancies in the office of collector are supplied by the supervisor and two justices of the peace, and vacancies in the office of overseer of highways by the commissioners of highways. When- ever a vacancy occurs in any town office and there are not three justices of the peace residing in the town, the justice or justices residing may associate with themselves one or more justices of the peace from any adjoining town, as may be necessary to make the number three ; and such three justices have the like power to fill the vacancy as if they were re- spectively justices of the town in which the vacancy occurred. When- ever a vacancy occurs in the office of justice of the peace of any town, the supervisor, town-clerk, and remain- ing justices, or a majority of such officers, are authorised by warrant under their hands and seals to ap- point a suitable person to fill the vacancy, and the person so appoint- ed holds office until the next regular annual town meeting, or the 31st 474 TOWNS. day of December next ensuing, should the vacancy be of an officer whose term would then expire. Every such appointment is filed in the office of the town-clerk, and a copy thereof in the office of the county clerk, before the person so appointed is authorised to act. In 1881 an Act was passed relat- ing to the election and appointment of town officers and the transaction of other town business in counties containing upward of 300,000 in- habitants, as determined by the last state census. Under it the officers required by law to be elected or chosen at the annual town meetings are to be elected by ballot by the electors of the towns respectively at the general election ; and the terms of office of the persons elected com- mence and determine on the first day of January, and the fiscal year in said towns commences on the first day of January. The board of town audit- ors meets annually, for the purpose of auditing the accounts of town officers, at the office of the town-clerk 011 the last Tuesday of December in each year at 2 P.M., except when the same is Christmas-day, in which case the meeting is held on the following day ; and the supervisor and all other town officers or boards of town officers who receive or disburse any moneys be- longing to the town, account for the same, under oath, to such board of town auditors annually at such meet- ing. Each of said towns, containing more than 500 electors, comprises one or more election districts, as the supervisor, town - clerk, and assessor thereof may deem necessary or proper. There is provided at the polling-place in each election district, at the gen- eral elections held therein, a separate ballot - box marked with the word "town," in which are deposited all ballots correspondingly indorsed, and containing the names of all town offi- cers to be chosen at such election ; which ballots are canvassed and count- ed immediately after the completion of the canvass of the votes in the other boxes used at the election ; and the inspectors make one certificate or statement only of the result of the canvass of votes for town officers, and forward it within twenty-four hours thereafter to the town -clerk. This election for town officers is con- ducted in the same manner as elec- tions for state and county officers, and all provisions of law affecting these elections extend to these town elections so far as applicable. In each of these towns, containing more than one polling district, the justices of the peace attend at the town- clerk's office on the second day after the election at 10 A.M., and proceed to canvass the votes for town officers as the same have been certified as just stated ; and the town-clerk acts as clerk in the canvass, and enters in his record a statement of the number of votes for each candidate in the several districts, and of the officers elected or chosen, which record is signed by him and the justices act- ing as canvassers. The persons re- ceiving the highest number of votes for the respective offices are deemed to be duly elected thereto, excepting only the inspectors of election for each election district. Only two names for inspectors are placed on any one ballot, and the two receiv- ing the greater number of votes are declared elected, and the third in- spector is selected by the justice or justices from the two persons in such election district who have the highest number of votes next to the two in- spectors so elected. In towns having but one election district, the selec- tion of the third inspector is made by the town-clerk, and the records of the votes cast, and of the town officers elected or chosen, are signed by him only. If no justice of the peace is present at the canvass, the town- TOWNS. 475 clerk appoints some suitable person, who is sworn by him faithfully to perform such duty ; and if the town- clerk is absent, the justice or justices present appoint a suitable person in his place, who is sworn in like man- ner, and the persons so appointed possess all the powers and are subject to all the duties and responsibilities of the officers in whose place they are appointed. If any of the returns have not been received, or are re- quired to be returned to the inspec- tors for correction, an adjournment may be taken from day to day for the purpose of procuring the proper returns. The several boards of regis- try give ten days' notice of their in- tention to meet for the purpose of registering the voters of such dis- trict whose names do not appear on the registry, which meeting is held on one day only in each district from 9 A.M. until 9 P.M. not less than five nor more than fifteen days pre- ceding the annual or special town meeting. This annual town meeting is held at 12 o'clock noon, and con- tinues until the final completion of the business, not later than 2 P.M., and in towns having more than one general district not later than sunset. The supervisor and justices of the peace, or a majority of such officers of each town, have exclusive power to accept the resignation of any town officer therein, and to make appoint- ments to fill vacancies, and tile the certificate of every such appointment forthwith in the office of the town- clerk. The persons so appointed enter upon their duties so soon as they have duly qualified, and serve until the first day in January, or, in the case of collectors, until the first day of May next succeeding the then ensuing general election. Persons elected to supply vacancies in the office of supervisor, town-clerk, col- lector, and other offices in said towns, the full terms of which are more than one year, are deemed elected for the full term thereof, commencing on the first day of January, and col- lectors on the first day of May, next after their election. Except justices of the peace, assessors, commissioners of highways, commissioners of excise, and other like officers, of whom one only is elected in each year, in which last-named cases the persons elected to fill vacancies are deemed elected to serve from the first day of January or May, and only for the then re- maining and unexpired portion of the vacated term. The terms of office of constables in these towns are five years from the first day of January ; and it is arranged so that only one constable is elected in each year for the full term. The supervisor of each town re- ceives and pays over all moneys raised for defraying town charges, except those raised for the support of high- ways and bridges, of common schools, and of the poor where poor moneys are raised. He prosecutes in the name of his town, or otherwise as may be necessary, for all penalties of $50 or under, given by law to each town or for its use, and for which no other officer is specially di- rected to prosecute. He keeps an account of the receipt and. expendi- ture of all moneys which come into his hands by virtue of his office, in a book provided for that purpose at the expense of the town, and deliv- ered to his successor in office. On the Tuesday preceding the annual town meeting, he accounts with the justices of the peace and town-clerk of the town for the disbursement of all moneys received by him ; and at every such accounting the justices and town-clerk enter a certificate in the supervisor's book of accounts, showing the state of his accounts at the date of the certificate. If any supervisor neglect to account, or ren- der a false account, or convert to his 476 TOWNS. own use any money or securities, pro- ceedings may be commenced against him in the name of the town of which he is supervisor in the supreme court, by action or otherwise, by the justices of the peace and town-clerk of said town, to compel him to render such account, or to recover any money or property which he has not duly ac- counted for. The supervisor shall attend the annual meeting of the board of supervisors of the county, and every adjournment or special meeting of such board of which he shall have notice. He receives all accounts which may be presented to him against the town, and lays them before the board of supervisors at their next meeting. He also lays before the board such copies of en- tries concerning moneys voted to be raised in his town as are delivered to him by the town-clerk. When- ever the supervisor of any town is required by the state engineer and surveyor to cause a survey to be made of the bounds of his town, it is his duty, within sixty days there- after, to cause such survey to be made, and to transmit, by mail or otherwise, a map and description thereof to the state engineer and surveyor. The expense of this sur- vey and map is defrayed by the several towns whose bounds, either wholly or in part, are described thereby, apportioned by the board of supervisors of the county. If any supervisor refuse or neglect to per- form the duties enjoined as to survey, &c., he forfeits the sum of $50. Every supervisor executes and de- livers, within thirty days after en- tering upon his office, to the town- clerk of his town his bond, in such penalty and with such sureties as the board of town auditors prescribe, conditioned for the faithful discharge of his duties, &c. The supervisor of a town or of any city ward has power to administer oaths in relation to any matter or thing coming before him or the board of supervisors, of which he is a member, in his or their official capacity. The town-clerk of each town has the custody of all the records, books, and papers of the town, and duly files all certificates of oaths and other papers required by law to be filed in his office. He transcribes in the books of record of his town the minutes of the proceedings of every town meeting held therein, and enters in these books every order or direc- tion, and all rules and regulations, made by any such town meeting. He delivers to the supervisor, before the annual meeting of the board of supervisors of the county in each year, certified copies of all entries of votes for raising money made since the last meeting of that board, and recorded in the town book. The town-clerks, immediately after the qualifying of any constables chosen or appointed in their respective towns, return to the clerks of their respec- tive counties the names of these con- stables ; and if any town-clerk wil- fully omits to make such return, his omission is a misdemeanour, and on conviction thereof the offender is ad- judged to pay a fine not exceeding $10. Copies of all papers duly filed in the office of the town-clerk, in- cluding those filed with him as clerk of the commissioners of common schools, and transcripts from the book of records certified by him, are evidence in all courts, in like manner as if the originals were produced. It seems unnecessary to refer spe- cially to the provisions regarding strays. If dispute arises between the owners of adjoining lands concerning the pro- portion or particular part of fence to be maintained or made by either of them, it is settled by any two of the fence- viewers. When any question or matter regarding fences is sub- TOWNS. 477 mitted to fence-viewers, each party chooses one ; and if either neglect, after eight days' notice, to make such choice, the other party may select both. The fence-viewers examine the premises and hear the allegations of the parties. In case of their dis- agreement they select another fence- viewer to act with them, and the decision of any two is final upon the parties to such dispute, and upon all parties holding under them. The de- cision of the fence-viewers is reduced to writing, contains a description of the fence and of the proportion to be maintained by each, and is forthwith filed in the office of the town-clerk. If any person who is liable to con- tribute to the erection or reparation of a division fence neglects or refuses to make and maintain his portion of such fence, or permits the same to be out of repair, he is liable to pay to the party injured all such damages as accrue thereby, ascertained and ap- praised by any two fence-viewers of the town, and to be recovered with costs of suit. The appraisement is reduced to writing, and signed by the fence-viewers making it. If such ne- glect or refusal is continued for the period of one month, after request in writing to make or repair such fence, the party injured may make or repair the same at the expense of the party so neglecting or refusing, to be re- covered from him with costs of suit. Witnesses may be examined by the fence-viewers on all questions sub- mitted to them ; and either of such fence-viewers has power to issue sub- poanas for, and to administer oath to, said witnesses, and each fence-viewer and witness thus employed is entitled to $1.50 per diem ; such fence- viewers, or a majority of them, determine what proportion thereof shall be paid by each of the parties interested in the division fence, and reduce their determination to writing, and sub- scribe it, and file it in the office of the clerk of the town where such fence- viewers reside : the party re- fusing or neglecting to pay the fence- viewers, or either of them, is liable to be sued for the same with costs of suit. Whenever the electors of any town have made any rule or regula- tion prescribing what shall be deemed a sufficient fence in such town, any person who thereafter neglects to keep a fence according to such rule or regulation is precluded from re- covering compensation in any manner for damages done by any beast law- fully going at large on the highways that may enter on any lands of such person not fenced in conformity to the said rule or regulation, or for entering through any defective fence. When the sufficiency of a fence comes in question in any suit, it is pre- sumed to have been sufficient until the contrary be established. In each town the supervisor and town-clerk, together with the justices of the town, or any two justices, con- stitute a board of auditors to examine the accounts of the overseers of the poor, the commissioners of common schools, and the commissioners of highways of such town, for moneys received and disbursed by them. This board meets for the purpose of examining these accounts annually in each town on the Tuesday preceding the annual town meeting. The ac- counts so audited are delivered, with the certificate of the auditors, to the town-clerk, to be kept by him on file for the inspection of any of the inhabitants of the town ; and they are produced by the town-clerk at the next annual town meeting, and there read by him if so required to do. The justices of the town, or a majority of them, and the town- clerk, on the Tuesday preceding the annual town meeting in each year, examine and audit the accounts of the supervisor for moneys received and disbursed by him ; and the ac- 478 TOWNS. counts so audited are likewise filed in the office of the town-clerk. The board meets for the purpose of audit- ing and allowing the accounts of all charges and claims payable by the town annually, at the place of holding the last town meeting, on the last Thursday preceding the annual meet- ing of the board of supervisors of the county ; and make in duplicate a cer- tificate, signed by a majority of the board, specifying the name of the per- son in whose name the account is drawn, the nature of the demand, and the amount allowed. One of these duplicates is delivered to the town-clerk, to be kept on file for the inspection of any of the inhabitants of the town, and the other is delivered to the supervisor, to be laid before the board of supervisors of his county at their annual meeting. The board of supervisors is authorised and di- rected to cause to be levied upon said town the amount specified in said certificate, in the same manner as other town charges are levied and raised. In 1860, an Act made it the duty of the board of town auditors to audit the accounts of the justices of the peace and constables for fees in criminal cases which are by law chargeable to any such town, and the amount thereof is included in their certificate, and assessed by the board of supervisors of the county upon such town, in the same manner aa other town charges. The commis- sioners of highways in each town, and all town officers who receive or disburse any moneys belonging to their respective towns, on the Tuesday preceding the annual town meeting, account with the board of town offi- cers for all such moneys ; and the board of town auditors makes a state- ment of these accounts, and appends thereto a certificate, signed by a ma- jority, showing the state of the high- way commissioners' account, which is filed with the town -clerk, and by him produced at the next annual town meeting and publicly read. There is an appeal by any taxpayer of the town to the board of super- visors of the county in every case where any account of a justice of the peace or town constable for fees in criminal cases is audited by the town board of auditors ; and where any such account is disallowed, or the amount thereof reduced, the party presenting it has the same right of appeal. Such parts of town bills audited by the board of supervisors after such appeals as are allowed are assessed, levied, and collected by the board in the same manner as other town charges. In 1875, an Act was passed by which, in addition to the other town auditors, there are chosen at the annual town meetings three town auditors, holding office during one year, who form the board of town auditors for the town in which they are elected. All bills and claims must be presented on the first day of their session. These town auditors are voted for upon the same ballots as other town officers, but only two are voted for on each ballot, and the two persons having the highest num- ber of votes are declared elected ; and the person having the next highest number of votes is appointed by the presiding officers of such town meet- ing, or in case the election be held in election districts, by the supervisor and justices of peace of such town, or a majority of them, as the third such auditor. Only freeholders of the town can be elected, and no such auditor shall hold any other office in such town during his term as auditor. Each of the three auditors receives for his services $3 per day for each day (not exceeding three) actually employed in the performance of his duties. In towns having a popula- tion of over 6000, they may sit not exceeding six days. The supervisor of the particular town may fill vacan- TOWNS. 479 cies occurring by appointing some suitable and competent person. By subsequent Acts, passed in different years, numerous towns have been specially exempted from the provi- sions and operation of the Act of 1875. The following town officers receive pay as follows : Pound-masters get these fees : ( 1 ) for taking into the pound and dis- charging therefrom every horse, ass, or mule, and all neat cattle, 12^ cents each ; (2) for every sheep or lamb, 3 cents ; (3) for every hog, 6 cents. The supervisor (except when attending the board of supervisors), town-clerk, assessors, justices of the peace, overseers of the poor, inspec- tors of elections, and clerks of the polls, receive $2 per day for each day's service performed by each or either of them. In legal proceedings the town sues or is sued by its name, except where town officers are authorised by law to sue in their name of office for the benefit of the town. In proceedings against towns by name, the service is on the supervisor of the town, and whenever suit is so commenced, it is the duty of the supervisor to attend to the defence thereof, and to lay before the electors of the town at the first town meeting a full state- ment of such suit or proceeding for their direction in regard to the de- fence thereof. On the trial of every action in which a town is a party or is interested, the electors and in- habitants of such town are compe- tent witnesses and jurors, except that in suits and proceedings by and against towns, no inhabitant of either town shall be a juror. Any action in favour of a town may be prosecuted before a justice of the peace, if an individual could, in like circumstances, so prosecute ; but no action to recover a penalty given to a town shall be brought before any justice of the peace residing in the town for the benefit of which the same is prosecuted : it may be brought before any justice residing in any other town of the same county. In all suits or proceedings prosecuted by or against towns, or by or against town officers in their name of office, costs are recoverable as in the like cases between individuals. Judg- ments recovered against a town or against town officers in actions prose- cuted by or against them in their name of office are a town charge, and, when levied and collected, are paid to the person to whom the same have been adjudged. The following are deemed town charges : ( 1 ) the compensation of town officers ; (2) contingent expen- ses necessarily incurred ; (3) moneys authorised to be raised by the vote of a town meeting for any town pur- pose ; and (4) every sum directed by law to be raised for any town pur- pose. Accounts for the compensa- tion of town officers and the contin- gent expenses of towns (except for moneys received and disbursed, which are settled by the board of town auditors) are presented to the board of supervisors of the county. The moneys for defraying the town charges of each town are levied on the tax- able property in such town. If any person going out of office, or his executors or administrators, refuse or neglect, when thereunto lawfully required, to deliver the records, books, or papers belonging to the office, he forfeits to the town, for every such refusal or neglect, the sum of $250 ; and it is the duty of the officer or officers entitled to de- mand these records, books, and papers, to proceed to compel the de- livery thereof. By an Act of 1840, the office of commissioner of deeds was abolished in the several towns of the state, and all their powers and duties are now executed by the jus- 480 TOWNS. tices of the peace. By chap. 180 of the laws of 1845, the electors of each town were given the power to deter- mine at their annual town meeting whether they would choose one or two overseers of the poor ; also one or three highway commissioners. These commissioners have, before entering upon their duties, respec- tively to execute to the supervisor of his town a bond with two sure- ties, approved by the supervisor by an indorsement thereon, and filed with him, in the penal sum of $1000, conditioned that he will faithfully discharge his duties, pay over moneys in his hands to his successor within ten days, and render to such suc- cessor a true account of all moneys received and paid out by him as such commissioner. Three assessors are elected in each town, but so that one only is elected for the full term of three years in each year ; and three commissioners of highways are elect- ed in like manner. Whenever any damages are to be assessed by law, when any road or highway is laid out, altered, or discon- tinued in whole or in part, they are assessed by not less than three com- missioners, appointed by the county court of the county in which the road is, on the application of the commis- sioner or commissioners of highways of the town ; or in case these commis- sioners of highways neglect or refuse to so apply for the space of thirty days after having been requested so to do, the county court can appoint the commissioners on the application of any owner of land through which the road has been laid out. The assessment agreed to by a majority of them is valid, and it is delivered to one of the commissioners of highways, who, within ten days thereafter, files it in the office of the town-clerk in said town. By the amendatory Act of 1847, any person conceiving him- self aggrieved, or the commissioner or commissioners on the part of the town feeling dissatisfied, by any such assessment, may, within twenty days after such filing, serve a written notice on the town - clerk and on the opposite party that is, the per- sons for whom the assessments were made, or the commissioner or com- missioners of highways, as the case may be asking for a jury to re- assess the damages, and specifying a time, not less than ten nor more than twenty days from the time of filing the assessment, when the jury will be drawn at the clerk's office of an adjoining town of the same county by the town-clerk there- of. The notice is served upon the opposite party within three days after service upon the town-clerk. At the time and place mentioned this town - clerk, having received three days' previous notice, draws the names of twelve persons from the town's list of qualified jurors, residents of his town, who are not interested in the said lands, nor of kin to either or any of the parties. The certificate of such names is de- livered to the party asking for the reassessment, who, within twenty- four hours thereafter, delivers it to a justice of the peace of the town wherein the damages are to be as- sessed, and it is the duty of this justice forthwith to issue a summons to one of the constables of his town, directing him to summon these per- sons to meet at a specified time and place ; but no meeting is had within twenty days from the time of filing said assessment. Upon the twelve appearing at the time and place fixed, the justice who issued the summons draws by lot six of the persons at- tending to serve as a jury, and the first six drawn who are free from all legal exceptions are the jury. Being duly sworn, the jury take a view of the premises, hear the par- ties and witnesses sworn by the TOWNS. 481 justice, and render their verdict, in writing under their hands, which is certified by the justice, and de- livered to the commissioners of high- ways of the town, and is final. Any person conceiving himself aggrieved by any determination by the commis- sioners of highways, either in laying out, altering, or discontinuing any road, or in refiising to lay out, alter, or discontinue any road, may at any time, within sixty days after such determination has been filed in the office of the town-clerk, appeal to the county judge of the county ; and thereupon this judge, or in case of his residence in the town, or of his interest in the lands through which the road is laid out, or in case he is of kin to any of the persons in- terested in said lands, or in case of his disability for any cause, then one of the justices of the sessions, after the expiration of said sixty days, appoints, in writing, three dis- interested freeholders who shall not have been named by the parties in- terested in the appeal, and who shall be residents of the county, but not of the town, wherein the road is located, as referees to hear and deter- mine all the appeals that may have been brought within the said sixty days, and notifies them of their ap- pointment, and delivers to them all papers pertaining to the matters referred to them. Upon receiving notice of appointment, these referees possess all the powers and discharge all the duties of judges. Before pro- ceeding to hear the appeals, they are sworn by some officer authorised to take affidavits to be read in courts of record, faithfully to hear and de- termine the matters referred to them. Each referee receives $2 for every day occupied in trying the appeals. Their decisions shall remain unaltered for the term of four years from the time they are respectively filed in the office of the town -clerk. All damages which may be assessed for laying out or altering any private road, together with the costs of such assessment, are paid by the applicants for such road. The costs of appeals and reassessments are paid by the un- successful party. All orders for the appointment of commissioners or referees are filed and recorded in the office of the town-clerk of the town in which the road is located. All damages which are finally assessed or agreed upon by the commissioners of highways for the laying out of any road, except private roads, are laid before the board of supervisors by the supervisor of the town, to be audited with the charges of the commissioners, jus- tices, surveyors, or other persons or officers employed in making the assessment, and for whose services the town is liable, and the amount is levied and collected in the town in which the road is located, and the money so collected is paid to the commissioners of such town, who pay to the owner the sum assessed to him, and appropriate the residue to satisfy the charges aforesaid. It is the duty of boards of town au- ditors to make annually brief ab- stracts of the accounts, and deliver the same to the clerk of the board of supervisors, who causes the same to be printed with the other state- ments required by law. The supervisors and justices of the peace for the time being of any town may appoint, in writing, any num- ber of the inhabitants of the town, not exceeding forty, to each fire- engine procured for the extinguish- ing of fires in the town. These persons are firemen of the town, but no such company is formed in any incorporated city or village ; and all such firemen, and all the members of any fire company, or of any hook and ladder company, while they are such firemen or members, are exempt 2 H 482 TOWNS. from serving on juries in courts of record, and, except in cases of war, insurrection, or invasion, from militia duty. After five years' service they are for ever after exempt. Each fire company chooses a captain and clerk, and may establish such by-laws and regulations as may be necessary to enforce the performance by the fire- men of their duty, and may impose such penalties, not exceeding $5 for each offence, as may be necessary for that purpose. These penalties may be collected by and in the name of the captains, in any court having cognisance thereof, and when col- lected are expended for the repair and preservation of the engines and apparatus. The electors of any town in which there is not a town-house, at any an- nual town meeting, may, by resolution, vote a sum of money for the purchase of a site for and the building of a town- house, not exceeding in number of dollars twice the number of electors in said town, provided that notice of intention to propose such a resolution has been posted within fifteen days of, and not less than ten days pre- ceding, said meeting in five of the most public places in the town. Upon proper representation of such action, the board of supervisors may cause the sum so voted to be col- lected with the other expenses of the town, or may require the question to be again submitted to the electors of the town at the next annual town meeting. Conveyances for sites are made to the town ; sites are pur- chased and houses erected by the supervisor, town-clerk, and the jus- tices of the peace, or a majority of them ; and the electors may from time to time vote such sums of money as may be necessary to keep any town- house in repair and insured. Whenever a town has a public debt, consisting of bonds, &c. , issued on the credit of the town, it is the duty of the supervisor thereof and he is required to make a report to the board of supervisors of the county at every annual session thereof of the amount of such public debt. This report is in tabular form, specifying the different Acts under which the bonds or debts were issued, with the rate of interest thereon, the amount unpaid at the time of the election of such supervisor, and the amount of debt paid at the date of his said report and coming due during his term of office. This report is pub- lished in the annual report of the proceedings of the board of super- visors. The supervisor has also, at the expiration of his term of office, at the annual town meeting for the election of town officers, to make and present thereto a duplicate of his said report, including and adding thereto the amount of bonds issued, and the amounts and interest paid since the date of that report up to the day and date of his term of office, duly attest- ed before a justice of the peace of the town, and this report is filed in the town-clerk's office of the town, sub- ject to the inspection, when required, of any elector thereof. Bonds and coupons paid are cancelled and burned by the town auditors of the town at a meeting held for that purpose within ten days previous to the annual town meeting, and a record thereof is filed, signed by the board, in the office of the clerk of the town. A supervisor neglecting or refusing to perform his said duties is deemed guilty of a mis- demeanour, and forfeits, upon convic- tion, $250, and is imprisoned not ex- ceeding sixty days. The electors of each town have power at their annual town meeting to direct the erection of one or more houses of detention or lock-ups, and to direct such sums to be raised in such town by tax for the expense of building or of maintaining the same as they may deem necessary. TOWNS. 483 The electors have also power at any annual town meeting to choose three or five persons to act as a board of trustees of any burying-grounds within the limits of and belonging to the town as said electors may desig- nate, and to authorise and direct the supervisor of the town to convey by deed to this board and their suc- cessors in office lands acquired, or to be acquired, for the purpose of bury- ing-grounds. The board of trustees lay out into burial lots these burying- grounds ; and within one year after the conveyance to them, cause to be recorded in the office of the clerk of the county in which they reside a plot or plots of the grounds so laid out by them, clearly indicating the number and location of the several lots. These plots are duly certified to under the hands and seals of the chairman and secretary of the board, and acknowledged before an officer authorised to take proof and acknow- ledgment of deeds. Certain lots are designated and set aside as free for the interment of deceased indigent persons, and, under the direction of a majority of the board, burial lots are sold and conveyed, under the hands and seals of its chairman and secre- tary, on such terms as may be agreed upon between the parties ; and the moneys so realised are expended in improving and preserving the par- ticular burying-ground in which the lots sold are. These provisions do not affect any rural cemetery asso- ciation, nor any burying-ground for which a special Act of the legisla- ture has made provisions inconsistent therewith. It is not lawful for a member of the common council of any city in the State of New York, or of a trustee of any village, or the supervisor of any town, to become a contractor under any contract authorised by the com- mon council, board of trustees, or board of supervisors of which he is a member, or be in any manner inter- ested, directly or indirectly, either as principal or surety, in such contract ; and no town, county, city, or state officer shall be interested in any con- tract made by such officer, or be a purchaser or seller, or interested in any purchase or sale by such officer in the discharge of his official duty. All such contracts may be declared void at the instance of the city, county, village, or town interested, or of any other party interested, ex- cept such officers themselves. Whenever any building or other real or personal property is destroyed or injured in consequence of any mob or riot, the city or county in which such property was situated is liable for the damages sustained by reason thereof, provided such destruction or injury was not occasioned, or in any manner aided, sanctioned, or permit- ted, by the carelessness or negligence of the party or corporation, the party whose property was thus destroyed or injured ; and provided such party has used all reasonable diligence to prevent such damage, and has noti- fied the mayor of such city, or the sheriff of such county, immediately after being apprised of any threat or attempt to destroy or injure his or their property by any mob or riot, of the facts brought to his knowledge. Upon receipt of such notice, it is the duty of such officer to take all legal means to protect the property attacked or threatened ; and any such officers refusing or neglecting to perform such duty are liable to the party aggrieved for such damages as he may have sus- tained by reason thereof, provided he elects to bring his action against such officer, instead of such city or county ; and these provisions do not prevent action being brought against each and every person engaged, or in any man- ner participating, in the riot or mob. Suit must be brought within three months after the loss or injury. 484 TOWNS. Each town and city and village may, by resolution duly adopted by their common council, board of trus- tees, and town auditors respectively, establish and maintain a free public library therein, with or without branches, for the use of the inhabit- ants thereof, and provide suitable rooms therefor, under such regulations for its government as may from time to time be prescribed by the board of town auditors of the town, or the city council, or the board of trustees of the village. When any village establishes a library thus, it is exempt from any charge for the establishment or maintenance of any library in the town in which it is situated. Any town or city or village may appro- priate money for suitable buildings or rooms, and for the foundation of the library a sum not exceeding $1 for each of its legal voters who voted at the last annual election therein ; and may also appropriate annually for the maintenance and increase thereof, or of any public library duly organised under the laws of the state, in said town, city, or village, a sum not ex- ceeding 50 cents for each of its legal voters as aforesaid ; and may receive, hold, and manage any devise, bequest, or donation for such free public library. The moneys thus appro- priated are audited, assessed, levied, and collected as other town, village, or city charges. But no such money is appropriated unless a majority of all the taxable inhabitants of the town, city, or village where the library is to be located petitioned for its establishment. In obtaining signatures or consents to this petition, reference is had only to the last pre- ceding assessment roll of the town, city, or village ; and when the gen- uineness of the signatures, and the fact that the signatures constitute a majority of the taxpayers as afore- said, are proven to the satisfaction of the judge of the county in which the library is to be located, the sufficiency of which proof is certified by such county judge, the petition or consent, together with the certificate, is filed by the clerk of such town, city, or village, in the county clerk's office of the county in which the library is to be established. If twenty-five freeholders in any town or incorporated village present to any justice of the supreme court, having jurisdiction therein, an affi- davit subscribed and sworn to by themselves, setting forth that they are freeholders and have paid taxes on real estate within one year, and that they have reason to believe that the moneys of such town or incor- porated village are being unlawfully or corruptly expended, it is the duty of such justice, upon ten days' notice to the supervisor, or supervisors, if more than one, and the particular disbursing officer, if any, of such town making the expenditure, or the trustees and treasurer of such incor- porated village, to make a summary investigation into the financial affairs of such town or incorporated village ; and experts may be appointed to make this investigation, and the re- sults are published in the manner the judge deems proper. The supervisor of each town, ward, city, or district for which a super- visor is elected, on or before the 1st day of May in each year, makes an accurate list of every corporation, joint-stock company, and association, incorporated by this or any other state or country, located or doing business in such town, ward, city, or district for which he is elected, and forthwith forwards it to the comp- troller of the state, verified by oath, to the effect that such list is full and complete, to the best of his know- ledge, information, and belief. No municipal corporation shall in any manner loan or give its credit to or in aid of any individual association TOWNS. 485 or corporation ; and no municipal corporation of any city or village shall borrow money or contract debt except in the manner provided by law, and every evidence of debt issued by any such corporation is void unless issued in conformity to law. No municipal corporation of any city or village shall contract any debt the amount of which, exclusive of the debt owing at the passing of chap. 603 of the laws of 1853, shall exceed at any time a sum equal to 5 per cent ; nor, inclusive of such debt, shall the same exceed 8 per cent of the aggregate valuation of the real estate within its bounds, to be ascertained by such last corrected valuations of the assessors of such corporation, as established by the board of trustees, common council, or board of supervisors, as the case may be. No money shall be borrowed on temporary loan except in anticipa- tion of the taxes of the current fiscal year, and the same shall always be made payable, and shall be paid, within eight months from the time when made. No funded debt shall be contracted by any municipal cor- poration unless it be for a specific object expressly stated in the ordi- nance proposing the same, nor unless such ordinance shall have been passed by two-thirds of all the members elected to the common council or board of trustees, and shall have been submitted to, and approved of by, a majority of the taxpayers of any such city or village at a special election appointed for that purpose by the common council or board of trustees, nor unless the legislature shall by law have ratified such ordi- nance, and shall have provided for levying and collecting annually a tax which shall be sufficient to pay the interest accruing upon the debt ; and also an additional sum which shall be equal to at least 5 per cent of the total amount of the debt, which latter sum shall constitute a sinking fund for the redemption of the principal of the debt. This sinking fund shall be and remain sacred and inviolate for that purpose, and the annual tax shall be levied and collected until sufficient is realised to pay and ex- tinguish the principal and the funded debt, and the interest thereon. By chapter 300, laws of 1870, in all cases where bonds of any town, vil- lage, or other municipal corporation are issued according to law, and the payment of the principal or interest is not otherwise paid or provided for, the same are a charge upon the real and personal property of such towns, villages, or municipal corporations, and shall be assessed, levied, collect- ed, and paid in like manner as other debts, obligations, and charges against such town, village, or municipal cor- poration, except that in villages a particular mode is prescribed. An Act of 1874 authorised a majority of the electors voting at any annual town meeting, or any charter election of the village, to raise by tax the sum specified by the vote for the purpose of buying and cancelling said bonds, or of providing a sinking fund for the ultimate payment of the bonds. The town board, consisting of the super- visor, town-clerk, and justices of the peace in towns, or the village trustees in villages, meet at least twenty-five days before the annual town meeting or village election, and determine by a majority what amount shall be so annually raised, and give notice of such voting by posting at least five notices in public places in the town or village, setting forth the time of such voting, the amount to be raised, and the purpose for which the same is raised. The result of the voting is operative until changed by another vote of the electors. The money so raised is used in buying the bonds at their par value, or if that cannot be done, it is paid over to the county 486 TOWNS. treasurer, who loans it at the legal rate of interest, secured by mortgage on unencumbered real estate for a term equal to that the bonds have to run, or invests it in bonds of the State of New York or of the United States. At maturity of the town or village bonds, said money is applied to their payment by the supervisor of the town or president of the vil- lage, who receives it from the county treasurer, giving security for the same in double the amount received, and purchases or pays the bonds, and cancels them in presence of the town board or village trustees, as the case may be. By an Act of 1878, bonds may be paid up or retired by the issuing of bonds of the same amount ; provided, however, that such new bonds shall only be issued when the existing bonds can be retired or paid by the substitution of new bonds or by money realised thereon in the place and stead of existing bonds bearing a lower rate of interest than the bonds authorised to be retired or paid. Holders of the old issue may exchange their bonds for bonds of the new issue at a lower rate of in- terest, and the date of payment of such substituted bonds may be ex- tended for a period not exceeding thirty years beyond the time when the principal of the bonds surrendered would have become payable. When- ever any bonds of any village, city, town, or county become due and pay- able, or in anticipation thereof, the officers or boards may, in their dis- cretion, cause to be issued new bonds having not more than thirty years to run, provided, however, such new bonds shall be sold at public auction after due notice as required by law in the case of the sale of mortgaged real estate under a decree of fore- closure in the supreme court, at not less than par. No new bonds shall, in any case, be sold except at a lower rate of interest than that borne by those due and payable. The prin- cipal of such bonds may be made payable by instalments yearly, or in periods of years. The city and county of New York, the city of Brooklyn, and the county of Niagara, except the town of Niagara, are exempt from the provisions of this Act. If a final judgment for a sum of money, or directing the payment of money, is recovered against any county, town, city, or incorporated village, and the same remains un- paid, and the execution thereof is not stayed as required by law, or if so stayed the stay has expired, it is the duty of the board of supervisors, or of the common council, or of the trustees of an incorporated village, to assess, levy, and cause to be col- lected, at the same time and in like manner as other moneys, for the neces- sary expenses of the county, town, city, or village, as the case may be, an extra sum of money sufficient to pay the said judgment, with the interest thereupon, and the fees and expenses chargeable by law upon the execution, if any, issued to collect the same. No restriction or limita- tion imposed by law as to the sum to be raised in any year in any city or village applies to the moneys thus to be raised, but these moneys are raised in addition to any sum so restricted or limited. In the city of New York the powers and duties devolved upon the common council of a city are exercised by the board of estimate and apportionment. Section 1 1 of article viii. of the constitution of the State of New York forbids any county, city, town, or village to ' ' give money or property, or loan its money or credit to, or in aid of, any individual, association, or corporation, or become, directly or indirectly, the owner of stock in, or bonds of, any association or corpora- tion, nor shall any such county, city, town, or village be allowed to incur TOWNS. 487 any indebtedness except for county, city, town, or village purposes." This section was added in 1874, and prac- tically abrogated a number of Acts, from time to time previously passed by the legislature, authorising a ma- jority of the taxpayers of any muni- cipal corporation (i.e., city, town, or incorporated village) who were taxed or assessed for property, not including those taxed for dogs or highway tax only, upon the last preceding assess- ment-roll or tax-list, and who were assessed or taxed, or represented a majority of the taxable property upon said last assessment-roll or tax-list, to present a petition duly verified by one of the petitioners to any jxidge of the supreme court at any special term of said court (previous to the Act of 1872 it had been the county judge of the county), setting forth, inter alia, that they desired that such municipal corporation should create and issue its bonds to an amount named in the petition, and invest the same, or the proceeds thereof, in the stock or bonds (as said petition might direct) of such railroad company in this state as might be named in the petition. Any solvent corporation or company assessed or taxed as aforesaid might join in this petition, and had all the rights and privileges as other tax- payers. Any person, partnership, or corporation upon whom it should have been intended to levy a tax by virtue of said last assessment-roll and tax-list, under whatever name, and who should have paid, or was liable to pay, such tax thus intended to be assessed and levied, should be a tax- payer entitled to represent the pro- perty thus taxed. This petition might be absolute or conditional ; and if conditional, the acceptance of a subscription founded on such peti-' tion bound the railroad company ac- cepting it to the observance of the condition or conditions specified in ' the petition ; provided, however, that the non-compliance with any condition inserted in such petition should not in any manner invalidate the bonds created and issued in pur- suance of such petition. No muni- cipal corporation should issue its bonds for a greater amount than 20 per cent of the taxable property thereof, as appeared on its said last assessment - roll or tax - list. Three freeholders, residents and taxpayers within the corporate limits of the corporation, were appointed commis- sioners, and held their offices for five years, and until others were ap- pointed. A majority of these com- missioners formed a quorum, and each commissioner received $3 per day for each day actually engaged in the discharge of their duties and their necessary disbursements, audited and paid by the usual dis- bursing officer of the municipal cor- poration. It was the duty of these commissioners, with all reasonable despatch, to cause to be made and executed the bonds of such municipal corporation, attested by the seal of such corporation affixed thereto, or, if it had no seal, by their individual seals, and signed and certified by said commissioners. These bonds should become due and payable at the expiration of thirty years from their date. The savings banks of the state were authorised to invest in said bonds not to exceed 10 per cent of their deposits. All taxes, except school and road taxes, collected for the next thirty years, or so much thereof as might be necessary, in any town, village, or city, on the assessed valuation of any railroad in said town, village, or city, for which said town, village, or city had issued bonds to aid in the construction of said railroad, should be paid over to the treasurer of the county in which said town, village, or city lay ; and it was the duty of the treasurer with this money, including interest 488 TOWNS. thereon, to purchase the bonds of the town, issued by it, to aid the construction of any railroad, when the same could be purchased at or below par. The bonds so purchased were immediately cancelled and de- posited with the board of super- visors. In case the bonds could not be purchased at or below par, the treasurer invested the money, with the accumulated interest thereon, in the bonds of the state, or of any city, county, town, or village thereof, issued pursuant to the laws of the state, or in bonds of the United States, to be held as a sinking fund for the redemption and payment of the bonds issued in aid as aforesaid. These railroad commissioners sub- scribed, in the name of the municipal corporation which they represented, to the stock or bonds of the railroad company named in the petition (as the petition might direct), to an amount equal to the amount of bonds so cre- ated by them, and paid for the same by exchanging the said bonds there- for at par ; or they might, at their discretion, sell and dispose of the said municipal corporation bonds at rates not less than par, and invest the proceeds thereof in such stock or bonds of such railroad company, as might be directed in said petition. They represented, either in person or by proxy, such municipal corporation at all meetings of such railroad bond- holders or stockholders. Such stock or bonds so purchased might be sold by the commissioners before the ma- turing of the bonds of the municipal corporation, only upon the order of the county judge of the county, made upon the petition of a majority of the taxpayers of said municipal cor- poration, representing a majority of the taxable property thereof ; and the proceeds from such sale should be forthwith paid by them to the treasurer (or other proper officer) of such municipal corporation, to be by him invested in a sinking fund. These commissioners might vote for directors on the stock of such town, village, or city. The bonds of any municipal corporation, issued as afore- said, are a charge upon the real and personal estate within the limits thereof, and the principal and inter- est thereof, when due (or as much thereof as shall fail to be met by the interest on such railroad bonds, or the dividends on such railroad stock or the said sinking fund), shall be collected and paid in like manner as other debts, obligations, and charges against the said corporation. The said commissioners should also pro- vide, within three years from the time of issuing said bonds, for the annual payment of at least 1 per cent of the same to constitute a sinking fund, so as to secure the final liquidation of the bonds within twenty-five years after their date ; and for that purpose they should, receive and apply annually the sur- plus dividends on the stock held by said towns, over the amount necessary to pay the annual interest on said bonds ; and if the amount of such surplus dividends was not sufficient for the annual payment of said 1 per cent, and the commis- sioners should not have received sufficient from the sale of the stock belonging to the town to pay the same, and from other sources, then the deficiency should be reported by the commissioners to the board of supervisors, to be levied and raised annually in the manner provided for paying the interest on these bonds. The treasurer (or other proper officer) of the municipal corporation has the custody of the bonds or certificates of stock, and collects the interest or dividends thereon ; and applies the same towards the payment of the interest upon the said corporation's bonds, any surplus going to make up a sinking fund for the redemption of ' TOWNS. 489 the principal of the corporation bonds. In case the stock or bonds purchased by the commissioners are sold, the proceeds thereof are like- wise invested in a sinking fund by the treasurer or other proper officer ; and if not sold when the bonds issued by the commissioners mature, the commissioners sell the same, or so much thereof as is necessary, to pay the outstanding principal sum due on such bonds in full, and pay the proceeds thereof to such treasurer or proper officer, to be by him ap- plied to the redemption and payment of such bonds. The bonds issued are registered in the office of the county clerk of the county in which such corporation is situated, and have the words, "registered in the county clerk's office," written or printed upon them, attested by the official seal of said clerk. It was competent for any railroad corpora- tion to enter into any agreement with the commissioners, limiting and defining the times when, and the pro- portions in which, the bonds or their proceeds should be delivered to said corporation, and the place or places where, and the purpose for which, such bonds or their proceeds should be applied or used. The commissioners should not be com- pelled by any court to deliver such bonds or their proceeds until such agreement should be executed, if re- quired by them. But in case the commissioners and the railroad cor- poration could not agree, or in case the commissioners refused to make any agreement, then in either case the supreme court at general term might determine upon what terms and conditions the bonds should be delivered, and have power to com- pel such delivery by the usual process of the court. Review of the proceed- ings should be by certiorari. The railroad commissioners were required to present before the board of audi- tors of their respective towns, cities, or villages, whose duty it is annually to examine and audit the receipts and disbursements of either town, city, or village officers, at each annual meet- ing of said boards of town auditors, or the auditing board of any city or village, all such bonds and coupons thereof which have been paid by them respectively during the year then ending ; also to render a written statement or report annually to said board, showing in items all their re- ceipts and expenditures with vouchers. All bonds and coupons so presented and cancelled are deposited for safe keeping and future reference in the office of the clerk of the county in which such towns, cities, or villages are respectively situated ; and said boards of town auditors or auditing boards prepare and sign a certificate showing a full description of all bonds or coupons so cancelled and deposited by them, and file this certificate in the office of the clerk of their respec- tive towns and villages, and in cities in the office of the clerk of the city. The railroad commissioners, within ten days after entering upon the duties of their office, and before re- ceiving any funds belonging to the town, &c., make and deliver to the clerk thereof a bond in such penalty and with such sureties as the board of auditors prescribe, conditioned for the faithful discharge of their official duties. No commissioner of a town is eligible to the office of supervisor thereof. In 1875 were passed "An Act to authorise towns, cities, and villages to pay their bonds issued for railroad purposes by exchanging therefor their railroad stock or bonds, and to exchange their stock of any railroad corporation for the bonds of such corporation ; " and also "An Act to provide for the sale of stock and bonds of bankrupt railroad companies by municipal corporations holding the same, and for the dis- 490 TOWNS. position of the proceeds of such stock or bonds." By the laws of 1877, chap. 349, it was made the duty of the railroad commissioners to report annually the total amount of bonds issued by the town, city, or village represented by such commissioners, the date and time when the principal of the bonds will become due, the rate and times of payment of interest thereon, the amount of such principal or interest paid, the amount of said principal or interest due and unpaid and to become due before the annual tax levy and collection of tax for the year next succeeding, and the amount in their hands applicable to the payment of the principal of said bonds or the interest thereon. This report, signed and with an affidavit (affixed thereto) of at least one com- missioner that it is in all respects true and correct, is delivered to the board of supervisors of the county within three days after the com- mencement of the annual meeting thereof. It is the duty of this board, at the annual meeting when this re- port is received, to cause to be levied and raised by tax on the taxable property of said town, city, or village, the amount necessary to pay the prin- cipal and interest due and to become due at any time prior to the annual tax levy and collection of tax for the year then next succeeding, as shown by said report, after deduct- ing moneys on hand for the purpose. The amount thus raised, and such other moneys, are paid over to the said commissioners, and by them ap- plied to the purpose for which it was collected ; but before any money is so paid to the commissioners, they shall severally execute to the town, city, or village, and deliver to the town, or city, or village clerk, as the case may be, a bond with two or more sureties in double the amount of the money to be so received . by them, as near as can be ascertained, conditioned for the proper and due disbursement of such money, and the proper accounting therefor, which bond shall be first approved by the supervisor or the county judge, and by the mayor or president of cities or villages ; and said bond shall be renewed annually. It is the duty of the commissioners to pay the prin- cipal and interest of bonds at their maturity, to cancel the bonds or in- terest coupons as paid, and to keep a full record thereof, to be at all times open to the inspection of the supervisor, members of the board of town auditors, and justices of the peace of the town, or members of common councils, or trustees of cities or villages ; and the commissioners report in writing to the board of town auditors at their annual meet- ing, and to the common council or trustees of cities or villages on the first day of April of each year, the date, number, and amount of all bonds and interest coupons paid by them and cancelled during the past year and since their last report, and at the same time produce and deliver the bonds and interest coupons can- celled, taking a receipt therefor, which sets forth the date, number, and amount of each bond or coupon. A duplicate of this report is filed at the same time with the clerk of the town, city, or village. The town auditors, and common council or trustees, as the case may be, indorse upon the report that the bonds and interest coupons mentioned therein, duly can- celled, were received, if such is the case ; and if all or any of them are not so received, so state in the in- dorsement. They then deposit the cancelled bonds and coupons, with the report, in the office of the clerk of the county for safety. The provisions of this Act do not apply to certain coun- ties. In 1880 an Act authorised and empowered the several towns, cities, and villages in certain counties to TOWNS. 491 sell and transfer all or any portion of the capital stock of certain rail- road companies owned by them, or either of them, or in any railroad whatever, located in said towns, cities, or villages. The railroad com- missioners, or the supervisor in towns where there are no railroad commis- sioners, may make a sale and the necessary transfer at such times and on such terms as to them shall seem advisable : provided the sale has the approval and consent in writing of a majority of the justices of the peace in all towns where the super- visor acts as such commissioner, and in all other towns of the supervisor and a majority of the justices of the peace of such towns, or the like ap- proval and consent of a majority of the trustees of any village, or in any such case the approval and consent in writing of the county judge of the county in which such town or village is situated, which consents shall state the terms of sale, be acknowledged in the manner required for the ac- knowledgment of conveyances of real estate for record, and be filed and recorded in the clerk's office of the said county. But no such sale or transfer is made by the commission- ers of any city until the following pro- visions have been fully complied with viz., whenever commissioners re- ceive any proposition for the sale of the whole or any portion of said stock, they shall notify in writing the common council of the city for which they have been appointed as aforesaid, of the terms and provisions of such proposed sale. The commis- sioners shall not make a sale unless said common council, at a regular or special meeting, by a vote of the mayor and two - thirds of all the aldermen elected of said city, shall approve and consent to it. After the commissioners give such notice, the city clerk shall cause it to be published in the official paper or papers of the city, if there be any, at least twice ; and the common coun- cil shall not approve or consent to such proposed sale at any regular or special meeting unless said notification has been published at least twice in the official paper or papers of the city, if there be any. But no sale and transfer shall be made until the official record of all such proceedings, containing the notice of the commis- sioners and the vote of the mayor and common council thereon, shall have received the approval and con- sent of the county judge of the county in which the city is situated. Laws of 1881, chap. 522, enacted that the then bonded indebtedness of any vil- lage, city, town, or county, created to aid in the construction of any rail- road, may be paid up or retired by the issue of new bonds for like amount by the board of trustees, mayor and common council, town board, board of supervisors or supervisor, or railroad commissioners, or officer or officers then having in charge, ac- cording to law, the payment of inter- est and principal on bonds proposed to be retired respectively of such vil- lages, &c. : provided such bonds are issued only when old bonds can be retired by the substitution therefor of new bonds, or paid up by money realised on the sale of new bonds ; and provided the new bonds bear in- terest not exceeding 5 per cent per annum, payable semi-annually. Such new bonds are made payable at any period deemed advisable by the officers issuing them, not less than two years nor more than thirty years from their date, and bear date and draw interest from the date of the payment of existing bonds, or the receipt of money to pay exist- ing bonds, and shall be issued in no case at less than for their par value. All new bonds issued under the provisions of this Act are ex- empt from taxation for town, county, VILLAGES. municipal, or state purposes, until the period when they are made pay- able. It will be noticed that, notwith- standing section 11 of article viii. of the constitution, added in 1874, a number of the Acts referred to were passed subsequent to that date. This was because what had been done could not be undone summarily, and transactions under the Acts passed previous to that date were of mag- nitude, and necessarily continued to exist and could not be cancelled un- til the bonds were redeemed, which the Act of 1881 shows was and is not likely to be for quite a number of years. VILLAGES. By the Act of 1870, chap. 291, any part of any town or towns, not in any incorporated village, contain- ing a resident population of not less than 300 persons, and if it include in its boundaries a territory of more than one square mile in extent, con- taining a resident population of not less than 300 persons, in each and every additional square mile of terri- tory included within such boundaries, may be incorporated as a village. The persons desiring such incorpora- tion cause an accurate, survey and map and verbal description, by metes and bounds, of the territory intended to be included within the village, to be made and duly verified by a prac- tical surveyor. They then cause an accurate census to be taken of the resident population of the territory, on a day not more than twelve weeks previous to the time of the election upon the question of incorporation, and this census is also duly verified. A correct copy of the verbal descrip- tion is made and likewise verified, to be safely kept by some one of the parties causing the survey to be made. The survey, map, verbal de- scription of boundaries, and census, completed and verified, are left at the residence or place of business, within such territory, of some person residing therein, and are subject to examination at all reasonable hours by persons residing in such territory for the period of at least five weeks prior to the time of the election upon the question of incorporation as fixed or to be fixed in the notice. (These provisions as to description, &c. , are not deemed to apply in any case where the whole of any town is pro- posed to be incorporated.) There- after, in case of the proposed incor- poration of any part of a town or towns, or after a vote in favour of such incorporation of the whole town, at a regular or special town meeting of the voters thereof, in case of the proposed incorporation of the whole of such town as a village, a notice is prepared stating that, between the hours of 10 A.M. and 3 P.M. on a cer- tain day specified, at some public place within the bounds of the pro- posed village, designating such place, such day to be at least five weeks from the time of leaving the survey, map, &c., for examination as stated, or in cases of the proposed incorpora- tion of a whole town not less than six weeks from the time of posting the notice, an election will be held to determine whether the proposed territory shall be incorporated as a village. This notice also states the proposed name of the village, set out in the verbal description of its bounds, and gives the amount proposed to be expended the first year of the incor- poration for ordinary expenditures, and is signed by at least twenty of the electors resident within the bounds of said proposed village who are liable to VILLAGES. 493 be assessed for the ordinary and extra- ordinary expenditure of said village. If the territorial limits of the village comprise parts of two or more towns, then of such twenty electors there shall be at least five from each of said towns, who shall reside in the part of the same to be taken for such village. The notice so signed is pub- lished in a newspaper, if there is one within the proposed bounds of the village, and copies of it are posted in ten public places within said bounds at least thirty days before the day of election specified in the notice. At the election the supervisor and town- clerk of the town, or supervisors or town-clerks of the towns, parts of which are taken for the village, or any two of these persons, constitute the board of inspectors for the elec- tion, preside at the election, and all the laws applicable to the election of town officers generally apply to this election. Every elector residing in such territory, and qualified to vote for town officers in the town in which such territory or some part thereof lies, may vote by a ballot having thereon the word " Yes " or the word ' ' No. " Within three days after the election, the said board of inspectors make out a certificate in proper form, which is signed by them, and verified by their affidavit annexed thereto ; and within ten days after the election it is filed and recorded in the county clerk's office of the county, or filed with the county clerk of each of the counties in which the territory is located. Within ten days after such tiling, any elector qualified to vote at such election may appeal to the county judge of the county, or of either of the counties, in which the territory is located, by petition speci- fying the irregularities in and objec- tions to such election. Such judge, on proof by affidavit that the peti- tion, or notice of it, has been served on the electors signing the notice for holding the election, or a majority of them, and that the person appealing has deposited with the county clerk of the county in which the territory is located 100 to meet the expenses of the appeal, appoints a day for hearing the same not more than ten days from the day of bringing the ap- peal ; and on such day, on proof by affidavit that the electors signing the election notice, or a majority of them, were notified in writing, five days before such hearing of such hearing, proceed to hear the same ; and he has power by subpoena to compel the attendance of witnesses before him on that day or on adjourned days. His decision as to the legality or illegality of the election shall be rendered within thirty days from the day of presenting the petition of ap- peal to him. Any allowance for ex- penses out of the 0100 deposited must be made within ten days from such decision, otherwise the full sum is returned to the depositor. If the election is decided to be legal, the judge files an order to that effect in the county clerk's office, or in each county clerk's office, within ten days from the day of making decision. If he decides it illegal, he forthwith files an order, in similar manner, directing another election to be held to deter- mine the question of the incorpora- tion. This new election is held on notice thereof, signed by some one or more of the designated inspectors of election as to incorporation, published or posted, as described in relation to the previous election, for at least fif- teen days before the election. If the majority of the ballots at the first election have on them the word "Yes," and no appeal is taken, then such territory is an incorporated village within the intent of this Act, from the time of the filing of the certificate of the inspectors. If an appeal be taken, and decided fa- vourably, the territory is an incor- 494 VILLAGES. porated village from the date of the filing of the inspectors' certificate. If the appeal be decided adverse to the election, and the second elec- tion result in a majority of the " Yes " ballots, then from the date of the filing of the inspectors' cer- tificate such territory is an incor- porated village within the meaning of this Act. No appeal is allowed from such second election. If at either of these elections a majority of the ballots cast have on them the word " No," the territory is not an incorporated village, and in that case no second election can be held within two years from the time the first election was held. The inhabitants of any village thus incorporated are a corporation by the name stated in the notice of the election, incorporated in the certi- ficate of the inspectors of election filed as aforesaid, and may sue and be sued, complain and defend, in any courts by such name ; may make and use a common seal and alter it, and receive by gift, pur- chase, grant, devise, or bequest, subject to all provisions of law re- lating to devises and bequests by last will and testament, and hold and convey such real and personal estate as the purposes of the corpora- tion may require, as may be autho- rised by law. Within twenty days after the day of incorporation, the inspectors of the first election, or a majority of them, publish in a newspaper, if one is published in said village, and post in ten public places in such village, a notice stat- ing that on a day fixed, and at a place named in such village, and be- tween certain hours, an election will be held for the election of such vil- lage officers as shall be required to be elected. This notice is published (if published at all in a newspaper) and posted, at least fifteen days before the time of holding such election. The election is held for at least the space of four hours uninterrupt- edly, between 10 A.M. and 4 P.M., and the notice of election shall state the hours of opening and clos- ing the polls, and the names of the offices to be rilled. The persons pre- siding as inspectors, or a majority of them, at any election after the village is incorporated, immediately canvass the votes, openly declare the result, and make and subscribe a certificate of such canvass, showing the whole number of votes given, the number given for each person voted for, and the office for which he has been voted for, which certificate is recorded in the records of the village. The per- son eligible, and having the greatest number of votes for any office, is deemed elected to such office. In cases of ties, the person presiding at the election forthwith determines by lot, in the presence of the other inspectors, or a majority of them, which shall be deemed elected, and sets forth such fact in the certi- ficate of the result made by them. This provision applies to all subse- quent elections. The officers of a village thus in- corporated are as follows, unless otherwise directed : A president. Three trustees, and if the popula- tion exceeds 2000, and the board of trustees so direct, an additional trustee for each 500 over the 2000 until the entire number of the trustees, exclusive of the president, shall be nine. A treasurer. A clerk. A collector. A street commissioner. The president, treasurer, collector, and one-half of the trustees, if an even number, are elected annually by the electors of the village, and, if an odd number, the smallest majority of them are so elected at one annual VILLAGES. 495 election, and the largest minority at the next annual election. The clerk and street commissioner are appointed annually by the board of trustees. The board of trustees may, if in their judgment necessary, appoint each year a chief engineer of the fire department, one or more as- sistants, one or more fire wardens, one or more police constables, and a sealer of weights and measures. All officers elected or appointed hold their respective offices one year, except the trustees elected for two years, who hold their offices for two years ; and they so hold office unless sooner removed or disqualified, and until their successors are elected or appointed and qualified. The in- spectors of election or the clerk of the village notify the persons elected of their election, within five days ; and every person elected or appointed who neglects to file the oath of office required, for five days after such personal notice in writing, is deemed to have declined the office, and his place may be filled as in case of a vacancy. This oath is filed with the village clerk before entering upon official duties. No person is eligible to any office unless he is at the time a resident and elector of the village ; and whenever any officer ceases to be a resident thereof, his office becomes vacant. No person is eligible as pre- sident or trustee unless owning pro- perty liable to be assessed for the ex- penditure of the village. The board of trustees may fill vacancies. The treasurer, collector, street commis- sioner, police constable, and such other officers as may be required by the board of trustees, before they enter upon the duties of their respec- tive offices, severally execute and file with the village clerk a bond to the village, in such a sum and with such securities as the board of trustees approve, conditioned that they will faithfully execute the duties of their respective offices, and account for and pay over all moneys received by them respectively. All inhabitants of the village qualified to vote at town meet- ings, who have resided within the bounds of the village thirty days next preceding such election, are entitled to vote for all officers to be elected, and at all elections, unless otherwise directed by law ; but no person shall vote upon any proposition to raise a tax or appropriate the same, or pur- chase property, unless he at the time is liable to be assessed for such tax in his own right, or in the right of his wife. Any officer appointed by the board of trustees may be removed by the board for misconduct, on notice to such officer, and opportunity given him to make his defence. The elec- tion of corporation officers is held annually on the third Tuesday of March at 1 P.M., and continues till sunset, at a place designated by the trustees. At least six days' notice is given by the trustees prior to the election, by posting notices in six conspicuous places in the village by the clerk, or some one appointed by the trustees if there is no clerk. In case the trustees neglect to appoint a place, the election is held at the place of the last preceding annual election. But any village thus incorporated may change the date of the annual elec- tion to some other day, provided, how- ever, that such change is made upon the written application of the voters representing a majority of the tax- able property of the village, directed to the board of trustees, requesting that the question of such change be submitted to a vote of the duly quali- fied voters of the village. Upon the presentation of this application, the board of trustees causes written or printed notices to be posted up in at least six conspicuous public places in the village, stating the object of the election and the date and time on which it is to be held, which shall 496 VILLAGES. not be less than thirty nor more than sixty days from the time of posting the notices. The board of trustees preside at this election, canvass the j votes cast, declare the result thereof, and file a certificate thereof, signed and sworn to by them in the office of the clerk of the village. A majority of the votes changes the day. The trustees of the village, after the first election of officers, are the inspectors of election for the village, and one or more of them preside at all elections. In case a trustee or the clerk be not present, the electors may appoint a chairman to preside, who has all the powers of an inspector. The return of every election after the elections as to incorporation is filed with the clerk of the village. The board of trustees meet at such times and place in the village as they, by resolution, direct. Special meet- ings may be called by the president or by the clerk, on the written request of two trustees, at such time and place as the written notice served on the trustees directs. This notice shall be served at least one hour before the time of meeting. The president, when present, presides and has a vote on all questions ; in his absence, any trustee may be appointed president for the time. A majority of the board constitutes a quorum for trans- acting business. The trustees have the care, management, and control of the finances and property, and cus- tody of the records and papers and seal belonging to the corporation, and may keep all buildings and other property of the corporation in repair and insured against damage or loss by fire. They have power, as to acts and matters within the corporate bounds, to make, publish, amend, and repeal rules, ordinances, and by-laws for the following purposes : To prevent vice, preserve the public peace and order, &c. To establish and maintain a police, prisons, lock-ups, &c. , and to confine persons, &c. To apprehend and punish common prostitutes, vagrants, &c. To employ attorneys. To prevent encumbering the streets, &c. To prevent or regulate encroach- ments on streets, &c. To establish and maintain a public pound, &c. To restrain the running at large of cattle, &c. To provide for the lighting of streets, &c. To erect and maintain fire-engine houses, &c. To provide for the purchasing and repairing of fire-engines, &c. To construct and maintain reser- voirs and cisterns, and supply them with water for use at fires ; protect and preserve pro- perty at fires ; establish fire limits; inspect chimneys, &c., &c. To regulate amusements. To regulate and prevent the run- ning at large of dogs. To protect trees, remove snow, &c. , compel the cleansing of streets, &c. To regulate swimming and bathing. To prevent immoderate driving, leaving horses untied, &c. To regulate the sale of meats, agri- cultural products, &c. , slaughter- houses, storage of gunpowder, &c. To compel the removal and abate- ment of public nuisances the expenses of the village to be a lien upon the lot on or in front of which it was, and to enforce the collection thereof by leasing the premises, as prescribed for the collection of unpaid taxes. To prohibit or regulate exhibitions or performances for money or hire. To regulate hawking and peddling, auctions, hacks and public car- riages. VILLAGES. 497 To regulate the use of candles, kerosene, or burning materials of any kind, and to control the construction of buildings, as to material, and as to proximity of wooden buildings, &c., penalty not to exceed 3 1000. To regulate and control and pro- vide cemeteries. To keep roads, public buildings, &c. , in good order ; construct culverts and drains, make and repair bridges ; regulate width, &c., of streets, &c. ; pave, &c., roads, &c. ; lay out and open new roads, &c. ; drain stagnant waters, fill in low grounds, regu- late water -courses, &c. ; build sewers and assess the expense, &c. The amount of the benefit in any case where the expense is assessed is determined by the president and trustees, provided however that no property beyond the limit of 175 feet from the line terminus of any such sewer is held liable to assessment ; and provided that no sewer is con- structed, except upon a written petition, signed by a majority of the persons whose property is liable to such assessment. As- sessments for draining stagnant waters, filling in low grounds, and building sewers, are enforced and collected in the same manner as assessments for the annual vil- lage tax. To prevent the discharge of fire- arms, rockets, gunpowder, and fireworks, in the roads, &c., or in the vicinity of any public building. To make and establish by-laws, rules, and ordinances ; pay the expenses of enforcement out of the corporate funds ; and pre- scribe penalties not exceeding $100 for each offence ; but all such by-laws, rules, and ordin- ances shall be posted in three public places in the village ten days before they shall take effect. The trustees have power to compel owners and occupants of land, or lots in front of and adjoining which a sidewalk is to be made or repaired, to make or repair as they may pre- scribe, and within a reasonable time, or themselves to so make or repair, and the expense thereof may be by them assessed on the owners refusing or neglecting, and be collected by war- rant issued by the president and trustees, as other taxes are directed to be collected ; and in case such tax or assessment is not paid or collected, the trustees may cause such real estate to be leased, or the owner thereof to be sued therefor, and the costs and expenses arising from non-payment, in the manner and with the effect and subject to the provisions in regard to the collection of taxes and assessments by leasing of real estate, or by action at law against the person liable. But this does not prevent the trustees ex- pending money raised in and toward the construction, &c. , of sidewalks in the village whenever and wherever they deem the same more for the benefit of all its inhabitants than for such adjoining owners or occu- pants ; provided not over $500 be expended, unless the taxpayers at a meeting specially called for the pur- pose, upon ten days' notice, at which at least thirty taxpayers are present, authorise, by resolution, a larger ex- penditure. The resolution adopted at this meeting, duly authenticated, is placed with the records of the village, entered on the minutes of the trustees. The trustees can organise a fire de- partment and provide for its govern- ment and discipline, to consist of one or more engine companies, one or more hook and ladder companies, one or more hose companies, and one or 2l 498 VILLAGES. more protective companies ; to ap- point a sufficient number of suitable persons as members, not exceeding 60 to each engine company, 45 to each hook and ladder company, 20 to each hose company and protective com- pany, respectively, with the consent of the persons appointed. A foreman and assistant foreman for each com- pany are chosen by the members of each company in the manner directed by the trustees, and subject to their approval and satisfaction. Every member of the fire department, while such member, is exempt from serving in the militia, except in cases of war, invasion, and insurrection ; and every person who has served in such fire department five successive years is thereafter entitled to the like exemp- tion from military service ; and a certificate of such service, authenti- cated by the president of the village and the corporate seal, is presumptive evidence before all courts and officers, civil and military, of such exemption. The chief engineer and, in his absence, the senior assistant engineer, have the direction and control of the de- partment, subject to the regulations prescribed by the trustees. It is the duty of the trustees to take precautionary measures to guard the public health in times of infec- tious and pestilential diseases, and to guard against them when they appear in the village by providing places for the removal of persons having such diseases from the popu- lous parts of the village, and to pay the expenses incident to such removal, and they have the power to remove such persons ; and they have the power to appoint one or more health commissioners, who, with the presi- dent, constitute a board of health of the village, which possesses the powers conferred by, and is subject to the provisions of, the Act of the legisla- ture of the State of New York, en- titled " An Act for the preservation of the public health," passed April 10, 1850, and acts amendatory thereof, in addition to the powers given by chap. 291, laws of 1870, and otherwise by law. The trustees audit all accounts, &c. , and none are paid unless allowed by them, or after judgment obtained thereon. A certificate is indorsed thereon, or annexed thereto, signed by the president, and countersigned by the clerk of the village, of the auditing and allowing or disallowing the same, in which the sum allowed, and the fund out of which the same is to be paid, are specified. No account or claim is allowed unless made out in items, and accompanied by the affidavit of the claimant that the items of such account or claim are correct as to the service, ma- terials, and disbiirsements mentioned ; and the service and materials were rendered and furnished, and disburse- ments made for the corporation, and no part of such claim has been paid. The claimant may be examined on oath by the trustees concerning the same. The affidavit and oath may be taken before the president of the village, or any of the trustees, or the clerk of the village, and when verified by either of them, may be read in evidence in any court of the state in the same manner as oaths and affi- davits taken and certified by a justice of the peace ; but no fees are charged or received therefor by any such president or trustee. The trustees may disallow any account or claim in whole or in part when so made out and verified, and may require other or further evidence of the cor- rectness and reasonableness thereof. Any person wilfully swearing false to any such matter is guilty of perjury. The trustees present to every annual meeting of electors of the village a detailed statement of expenditure for the past year, and of the estimated ordinary expenditure of such village VILLAGES. 499 for the ensuing year, to meet which taxes may be lawfully raised, specify- ing each item of anticipated expense, which statement is signed by them and filed with the clerk. They, or a majority of them, act as assessors of the village, or appoint from their num- ber a committee for that purpose, and those so acting have the powers of town assessors, and are subject to the laws applicable to the same. The board of trustees cause a map to be made of the village, and cause all new public roads, avenues, streets, and lanes, to which they can give names, to be surveyed and described, and a description thereof recorded in a book kept by the clerk for that pur- pose. The map so made is kept by the clerk. The board provides a suitable room for holding their meet- ings, and proper cases and books for the clerk to preserve the records and papers of the corporation. They have power to raise, by assessment and tax, money for the expenditures, and may assess and collect a poll-tax of $1 on each male resident in the village between the ages of twenty-one and sixty years, except such male resi- dents as belong to and are active members of a fire-engine, hose, hook and ladder, or other company formed and maintained for the purpose of extinguishing fires. The expenditures of the village are denominated "ordinary" and "ex- traordinary " expenditures. Ordi- nary expenditures are those neces- sarily incurred to carry out and enforce the rules, by-laws, and ordi- nances, and to give force to the powers conferred upon the trustees, except as such expenditures may be specifically enlarged or diminished or controlled by law. No ordinary expenditure for any one specific act, object, purpose, or thing, shall ex- ceed the sum of 500. The trus- tees can raise money for an extraor- dinary expenditure for any purpose by assessment and tax, by submitting a resolution stating the amount to be raised, and the specific object, to the annual election, or to a special elec- tion, of the legal electors entitled to vote on such questions. They have power to appoint such special election, designating time and place. If the majority of the ballots cast have on them the word " Yes," then the trus- tees may raise the amount voted. When the trustees deem extraordi- nary expenses necessary, they have power to pass one or more resolutions, each of which can only specify a single object, and the amount required for the same. When two or more such resolutions are submitted at the same election, they are numbered respectively one, two, &c., and the ballots used are as many as the reso- lutions submitted, and have thereon the words "resolution number one" or "resolution number two," &c., with the word " Yes " or " No. " Ten days' notice of such election, whether annual or special, is given by the clerk, by posting notices in six public places in the village, stating time and place and object of election, and copying resolutions. The same in- spectors preside at, and the same provisions apply to, such election as are provided for all village elections held after the first election of officers of the village. If the majority of the ballots cast have thereon the word " Yes " for any resolution, such resolution is adopted. The return of the inspectors sets forth each reso- lution, and, attached thereto, a state- ment containing the number of bal- lots, with "Yes" or with "No," received for such resolution. The inspectors presiding file their return of such election with the village clerk within ten days after the election. In addition to ordinary expendi- tures, the trustees have power, in any one year, in addition to the poll- tax, to raise by tax such sum as 500 VILLAGES. they deem necessary, not exceeding in any one year the amount of 1 per cent on the assessed valuation of the village, denominated a highway tax, to work and improve the roads, &c., of said village, on all persons and incorporated companies owning property and estate, real and per- sonal, in said village, which is as- sessed and collected as all other taxes are. The money so raised, with the proceeds of the poll-tax, is devoted to these highway pur- poses, and kept apart as a separate and distinct fund by the treasurer. The board of trustees can also con- tract with any water company for supplying the village with water for the purpose of extinguishing fires, and assess and collect the amount agreed to be paid in such contract as other village taxes are assessed and collected ; and this contract is valid and binding upon such village ; provided, however, that no contract shall be made for a longer period than five years, nor for a sum ex- ceeding in the aggregate 50 cents per capita per annum of the popu- lation of the village, unless the pro- position for the same be submitted to a vote of the citizens, in the manner described, and approved by a majority of the voters entitled to vote on such questions and voting at an annual election or at a special election duly called. It is the duty of the president of the board of trustees to see that the by-laws, rules, and ordinances, and the provisions of said Act of 1870 are enforced, and to recommend to the board such measures as he thinks necessary ; and, as the head of the police of the village, he maintains peace and good order, and has the power of arrest for such purpose. If the president is unable to perform the duties of his office, the board of trustees appoint one of their number to preside at their meetings, and he is vested with all the powers and performs all the duties of the presi- dent of the village until the president resumes his office or the vacancy is filled according to law. The treasurer receives all moneys belonging to the village, and keeps an accurate account of all the receipts and expenditures. All moneys are drawn from the treasury, in pursu- ance of an order of the board of trustees, by warrant, signed by the president or the presiding officer of the board, and countersigned by the clerk. The books and entries of the treasurer, and the order or check- book of the clerk, are open for in- spection by any elector of the village at all reasonable hours. The trea- surer exhibits to the board of trustees, at least fifteen days before the annual election in each year, a full account of all the receipts and expenditures after the date of the last annual report, and also the state of the treasury, which account is filed in the office of the clerk. The treasurer keeps separate accounts of the moneys received and paid out for " ordinary expenditures " and " extraordinary expenditures," and on account of the highway tax. Any justice of the peace of the town or towns in which the village is located has jurisdiction in all criminal cases that may arise within the bounds of the village in the county in which they severally re- side, with the same powers and sub- ject to the same duties and liabilities as a justice of the peace in other cases. He also has jurisdiction in all actions brought to recover fines or penalties for the violation of any provision of said Act of 1870, and of the rules, by-laws, and ordinances of the village, or to recover any tax or assessment levied by the village ; and his proceedings and judgments may be reviewed in the same manner as provided by law in cases of judg- VILLAGES. 501 ments and proceedings of justices of the peace. Said justice receives the same fees and compensation provided by law for similar services ; and they are audited and paid and collected in the same manner as the fees of justices of the peace for similar ser- vices. All fines recovered by him in suits for the violation of the pro- visions of said Act or the by-laws, &c., are paid over to the treasurer of the village upon their receipt by such justice. In such last-mentioned suits, if judgment is enforced, the justice awards costs, including wit- nesses' fees and other legal disburse- ments, to the successful party, to the same amount as a justice of the peace could in civil actions or proceedings before him. The person appointed police con- stable has the powers, and is subject to the same duties in criminal and civil cases, cognisable by such jus- tice, as constables of towns, and is chief of the police force of the vil- lage, subject to the directions and orders of the president thereof. He has the power, and it is his duty to keep order in all public places in the village, &c., &c. He has power to execute any warrant or process is- sued by justices of the peace of the county or counties in which such village is situated. He is paid for his services the same compensation, audited and allowed in the same manner, as town constables for simi- lar services, and also such extra annual salary as chief of police as the board of trustees may direct. The collector collects and receives all taxes and assessments for which the warrant of the board of trustees, subscribed by the president and coun- tersigned by the clerk, is delivered to him, and within the time specified in such warrant, and pays the same into the hands of the treasurer with- out delay, and takes receipt for the same, and makes return to the clerk of the amount of taxes collected by him and paid over to the treasurer, and of taxes unpaid. The collector gives a receipt to the clerk for the warrant and tax or assessment rolls delivered to him on his receiving the same. After receiving the tax-roll, the collector posts notices in five^ public places in the village twelve days before the last one of the three days specified in the notice, stating that he will attend at a convenient place specified in the notice, in the village, on three days specified, with- in fifteen days from the date of notice, for the purpose of receiving payment of taxes ; and he shall at- tend at such times and place accord- ingly. Any person or corporation paying any tax or assessment, within fifteen days from date of notice, is charged with 1 per cent thereon for the fees of the collector and no more. After the expiration of the fifteen days, the collector collects the taxes or easements unpaid, with 5 per cent thereon for fees, in the same manner as is provided by law for the collec- tion of town and county taxes, and with like power and authority as collectors of taxes of towns. The trustees, whose duty it is to act as assessors, must, within sixty days after the annual meeting, pro- ceed and assess upon the taxable inhabitants and corporations and property liable to taxation within the village, such sum as they deem necessary, besides funds received and estimated to be received from other sources, to defray the ordinary ex- penditures of the village for the cur- rent year, not to exceed the amount fixed for that purpose in their de- tailed statement presented at the annual meeting ; also any sum di- rected at an annual election to be raised as an extraordinary expendi- ture for a special purpose for that year ; also the amount to be raised as a highway tax, and also the poll- 502 VILLAGES. tax. They also, within twenty days after any extraordinary expenditure has been voted by the legal electors at a special election, proceed to assess the amount in a similar man- ner. The assessors, on completing the assessment - roll, give ten days' notice by posting notices in five pub- lic places in the village, stating that they will in the village, at a place and time stated, meet to hear and determine all complaints as to such roll ; and they can then correct this roll as they think necessary. After such submission and correction, if necessary, the roll and a copy there- of are filed with the clerk of the village. The clerk immediately de- livers the tax-roll to the collector, with a warrant thereunto annexed, signed by the president and counter- signed by the clerk, commanding him to collect the taxes therein specified, with his fees, and return said warrant and roll within sixty days after the date of the warrant, unless the time is extended by the board of trustees for thirty days be- yond the first sixty days ; and this extension in no event affects the validity of the bond given by the collector and his sureties. All taxes and assessments which remain un- paid for thirty days after the final return of the warrant, bear interest at the rate of 12 per cent per annum from the date of the return, and are collected either by the sale of the estate assessed, or by suit against the party liable to pay the same, or are added to the amount taxed or assessed against the party to the next annual tax or assessment ; and when so added, the total sum or amount is collected in the same manner, or either of them, as stat- ed. This act does not in any manner affect the liability of the collector and his sureties on the bond given by him. When any party fails to pay, and the collector cannot collect the tax or assessment, he makes return thereof, and the trustees cause the estate so assessed to be sold at auction for a term of time for the payment of such tax or assessment, giving four weeks' notice of such sale by putting up notices in five public places in the village, and serving personal notice on the owner or agent, if a resident of the village, or on the occupant thereof, and by depositing such notice in the post- office, directed to the owner, if a non-resident, at his reputed place of residence, if known, at least ten days before the day of sale ; and the same is sold to the person who takes it for the shortest time for the payment of such tax or assessment, with inter- est, and the expense of such notice and sale. Before the time of sale the party liable for the tax, or his representative, may avoid the sale by paying the tax to the treasurer, with 12 per cent interest thereon, and expense of notice and sale. At any time within a year after such sale, the owners of the estate, or their representatives, may redeem the same by paying to the purchaser thereof (if he has paid the tax and interest and expenses of sale) the tax, expenses, and interest thereon at 12 per cent per annum from the date of payment by the purchaser ; in case the purchaser has not so paid them, by paying to the treasurer of the village the tax, expenses of sale, and interest at 12 per cent per annum from the time the tax was returned unpaid, and notifying the clerk of such payment. If such tax, ex- penses, and interest are not paid within one year from the date of sale, then the trustees deliver to the purchaser of the estate a certificate of such sale under the seal of the corporation, and signed by the presi- dent, the execution of which may be acknowledged or proved as a deed ; and upon the receipt of this certifi- VILLAGES. 503 cate the purchaser may proceed to serve upon the holder or owner of any lien upon such estate, or any part thereof, notices in writing of such sale ; and that, unless redeemed within six months from the time of such service of notice, such certifi- cate may be recorded in like manner and with like effect as in case of other conveyances of real estate. This certificate is presumptive evidence of the statements contained, in all law courts and places, actions and pro- ceedings. The purchaser receiving such certificate, or his representa- tives, may, in case the land is not redeemed, enter into and occupy the same during the term for which it was sold, and is at liberty, within such term, to remove all the build- ings and materials which he may erect or place thereon. In case the collector returns that a tax or assess- ment on any estate is unpaid, and he is unable to collect it, the trustees can, after thirty days after the date of such return, prosecute a civil action against the owners in the cor- porate name of the village. They may cause a transcript of the judg- ment to be filed, and the judgment docketed in the county clerk's office of the county wherein the village is situated, and the same, however small the amount, thereupon becomes a judgment of the county court, and is a lien on all real estate of the judgment debtor situate in the county where the judgment is docketed ; and such real estate may be sold on exe- cution issued to the sheriff of such county, if not collected out of the personal property of the debtor in the manner provided by law ; and all the provisions of law in reference to sale and redemption of real estate on execution apply to such sales and redemptions. A village thus incorporated con- stitutes a separate highway district, within its corporate limits exempt from the superintendence of any one except the board of trustees, who are commissioners of highways in and for such village, and have all the powers of commissioners of highways of towns in this state. But no road, avenue, street, lane, or sidewalk shall be opened or altered, unless all claims for damages on account thereof shall be released without remuneration, except on the written petition of at least ten freeholders residing in said village, which petition shall specify the improvement to be made, describe the land to be taken, state the owners thereof when known, and shall be filed in the office of the clerk of the village. On the presentation of such petition, the trustees must meet and examine the same ; and if they decide the improvement shall be made, they so decide by resolution entered in the minutes of the board ; and they there- upon put up in five public places in the village a correct description of the lands to be taken to make such improvement, and a notice that they, at a place, day, and hour specified, not less than five days from the date and posting thereof, will meet and hear any objections that may be made to the taking of such land or making such improvement, a copy of which notice must be served on the owners of the land at least five days before said meeting, unless the owner is a non-resident of the village, in which case the notice and description must be deposited in said village post-office, directed to him, at least twenty days before such meeting. Any person interested may be heard and introduce testimony before the board of trustees as to the matter on the day specified in the notice, or on such other days as the board may appoint. After such hearing, the trustees may deny the petition, or approve and declare, by resolution entered in their minutes, their inten- tion to make the improvements, and 504 VILLAGES. proceed to obtain possession of the lands described, in the manner pro- vided by said Act of 1870. When- ever any road, &c., is opened or altered, the damages claimed by rea- son thereof may be determined by agreement between the board of trus- tees and the claimants ; but in case the damages are not so determined or released, the board, on being noti- fied by the president, as in case of a special meeting, or at a regular meet- ing, meet and cause a jury of six freeholders to be summoned to deter- mine and award the damages. Five days' notice of the time and place of such meeting shall be given to the owners of the lands, if residents of the village, and if not such residents, then notice shall be sent ten days before such meeting by mail, directed to the place of residence, if known, of each of such non-residents. The jury is sworn to faithfully and impartially execute their duty ; they examine the premises, hear the proofs and allega- tions of the parties, and reduce the testimony in writing, if any be taken ; and they determine and award to the owners such damages as they will sustain by the proposed alteration or improvement, after making allowance for any benefit which they may de- rive therefrom. The determination and award of the jury is signed by them and filed in the office of the village clerk, and a copy served on the persons entitled to such award. If no appeal is made within twenty days from the time of such service, the determination and award of the jury are final and conclusive on all persons interested. A copy of the award, certified by the clerk under the seal of the village, is evidence of the same in all courts and places and all actions and proceedings. No trustee who is interested in any such lands taken shall act with the trus- tees when sitting as a board to deter- mine the damages, or to summon a jury to award damages. Any person interested therein may, within twenty days after notice of the award of the jury, appeal from such award by peti- tion to the county judge of the county where such village is situated, or in case such village is located in two or more counties, then to the county judge of either of said counties, pray- ing for the appointment of three com- missioners residing in said county to review the jury's award. The award of these commissioners is signed by them, and is returned to the pres- ident of the village within fifteen days after their first meeting, and is filed with the clerk ; and it is final and conclusive on all persons inter- ested, and the board of trustees may thereupon take possession of the land and make the said alteration or im- provement. Whenever a final award is made for such damages, the persons acting as assessors may within twenty days thereafter assess the amount of such damages upon the estates, real and personal, in said villages, and make out an assessment-roll of such damages, which is signed by the president and filed with the clerk, and the assessment is collected in the same manner as the annual tax is collected, and the trustees within one year from the time of such final award pay or tender the amount of such damages to the persons to whom they have been awarded ; and in case such owners refuse the same, or are unknown, or non-residents of the vil- lage, idiot or lunatic, or the rights and interests of persons claiming the same are doubtful, it is in such cases lawful for the board of trustees to pay the amount of such damages to the county treasurer of the county where the lands are situated, for the benefit of such persons as may be entitled to the same, accompanied by a statement of the facts under which payment was made. The board of trustees causes the clerk of said vil- VILLAGES. 505 lage to make an entry in the village records of the money deposited, stat- ing amount, with the names of the parties by the awards declared to be entitled to the same. On the proper persons being ascertained who are entitled to receive such money, the president of the village is authorised to draw an order on the county treas- urer, countersigned by the clerk, and payable to the order of the person or persons entitled to such money, for the amount due respectively. At any election held in an incor- porated village, the inspectors pre- siding have the powers of town boards at the election of town offi- cers ; and all the laws applicable to such elections apply to village elec- tions and the proceedings of the same, so far as applicable and not inconsistent with this Act of 1870. All conveyances by the village are in its corporate name, and are accepted by the president thereof, authorised by resolution of the board of trustees with the corporate seal annexed. The affidavit of the party publishing or posting any notices is deemed pre- sumptive evidence thereof in all courts and places and in all actions and proceedings. Money cannot be borrowed on the credit of, nor can any debt be created in behalf of, the village, payable at a future time ; nor can any debt or liability be in- curred by the village except for ordinary expenditures of the village or highway purposes within the in- come of the current year, for the ordinary expenditures or highway purposes applicable to such purposes. When the raising of any money for a special purpose as an extraordin- ary expenditure has been voted, the amount may be borrowed, or a lia- bility by contract for the special purpose may be incurred, not ex- ceeding the expense ordered, until the amount can be raised by a tax as described. Any officer or person who assumes to create a liability or appropriate any money or property of the village contrary to the pro- visions of said Act, or assents there- unto, is personally liable for such debt or liability, and to the village for such money or property ; and each of the trustees present when such violation has been committed is deemed to have assented there- unto, unless he express his dissent, and requests the same to be entered upon the record of proceedings. Any wil- ful violation of this is a misdemean- our. No member of the board of trustees shall be interested in any contract to which the village is a party. The board of trustees shall cause to be kept a record of its pro- ceedings. All votes shall be taken by ayes and noes when required by one of the trustees, and shall be entered in such record ; and such record shall contain the names of the members of the board present and voting on any question, and the affirmative and negative votes of the members so voting. By Acts of 1874 and 1875, it is the duty of the board of trustees to cause to be published, once in each year, and twenty days next before the annual meeting, in at least one public newspaper printed in the village, or in a public newspaper that is to all intents and purposes a village newspaper of more than one village, and that has more than one publication office, one of which is in such incorporated village, a full and detailed account of all money received by them or the treasurer of said vil- lage for the account and use thereof, and of all money expended therefor, giving the items of expenditure in full. Should there be no paper pub- lished in the village, they shall pub- lish the same by notice to the tax- payers by posting in five public places in said incorporated limits. When any person complained against as a vagrant, disorderly 506 VILLAGES. person, riotous person, or person keeping a disorderly house, or a house of ill fame or assignation or prostitution, under the provisions of this Act, or any rule by law or ordinance made in reference to such persons under this Act (1870), is brought before an officer having juris- diction of such matters, he shall, un- less the offence complained of be in- dictable at common law, proceed forthwith to hear, try, and deter- mine such complaint, as provided by law, for the offence on which such person is arrested ; or he may adjourn the hearing on cause shown, not to exceed five days, and in the mean- time commit the offender to the vil- lage lock-up or place of confinement, or county jail, until such day, or suffer him or her to go at large, on executing a bond approved by the said officer, conditioned that he or she will appear on the adjourned day when trial shall be had. Disorderly persons are all those found intoxicated in the streets of the village, or guilty of noisy, riot- ous, &c. , conduct ; who wilfully give a false alarm of fire ; publicly use any profane, vulgar, or obscene lan- guage or conduct ; who wilfully and maliciously injure or remove, &c. , any building, awning, &c., tree, shrub- bery, or other ornamental thing ; re- move from or pile up before any door or on any sidewalk boxes, casks, or other things for the purpose of annoy- ance or mischief ; or wilfully tear down, mutilate, &c. , any notice or handbill lawfully posted up ; who incite or induce dogs to fight in public places, &c. ; are guilty at the time of fire in the village of insub- ordinate, &c. , conduct ; attempt to obstruct the operations of the fire department, or wilfully neglect or refuse to obey, &c., the orders of the trustees or officers of the fire department. Any trustee or police constable can arrest vagrants or disorderly persons, with or with- out process, and detain the person arrested not exceeding 24 hours, until the proper officer to try such person can be found. Assessments are a lien on the lot or lands assessed, in the same man- ner and to the same effect as town and county taxes. All resignations of officers are made to the trustees, subject to their acceptance. The president and trustees receive no compensation for their services. The county clerk records all returns of inspectors of elections for the incor- poration of villages in the records for the recording of deeds, or in a book specially provided for that purpose ; or in case the village is located in two or more counties, then the county clerk of either of said counties records all these returns in the same manner. The board of supervisors can ex- tend the boundaries of any incor- porated village within their respec- tive counties upon the petition of the president and board of trustees of the village, by a vote of a majority of all the supervisors elected, taken by yeas and nays ; but it is necessary to have the affirmative vote of the supervisors of the town or towns from which the additional territory is to be taken in which such village is situated, and of the supervisor or supervisors, if any, of such village. And these boards can diminish the boundaries of any incorporated village within their respective counties so as to exclude from such incorporation any portion of the territory embraced therein, upon the petition of two-thirds of the electors resident within the portion of territory sought to be so excluded, who are liable to be assessed for the ordinary and extraordinary expendi- tures of such village, by a vote of a majority of all the supervisors elected, to be taken by yeas and nays, pro- vided that no act, ordinance, or reso- lution for such purpose shall be valid VILLAGES. 507 and operative unless it shall receive the affirmative vote of the supervisor or supervisors, if any, of such village. The taxpayers of any incorporated village, at any meeting thereof law- fully convened, may, by resolution, direct the trustees of such village to purchase suitable lands for a burying- ground for such village, or lands in addition to any existing burying- ground owned by said village, upon such terms and conditions not incon- sistent with law. But the whole ex- pense of purchase - money, fencing, &c., shall not exceed $10,000, unless the population of the village exceeds 4000 persons, nor more than $20,000 in any case ; and the title thereof shall be vested in such village by its corporate name, and shall be inalien- able, except in the manner and for the purposes mentioned in the Act, laws of 1847, chap. 209. The trustee of the village shall cause an accurate record to be kept of every interment in the bury ing-ground, and the time when made, and the name, age, and place of birth of every person buried therein, when these particulars can be conveniently ascertained ; and this record is so kept as to show the lot, and part of the lot, in which each interment is made. A general tax of not over $150 in any one year may be collected on the village taxable pro- perty for the purpose of improving the burying-ground. The authorities namely, the pre- sident and trustees of any incor- porated village may (laws of 1875, chap. 181, amended by several sub- sequent Acts) proceed to organise into a board of water commissioners whenever a majority of them deem it advisable, and shall certify the same in writing to the clerk of the village, who shall thereupon, and within five days thereafter, notify said authori- ties in writing to attend a meeting to be held within five days thereafter for the purpose of organising as a board of water commissioners. At the time and place named in this notice, said authorities, or a majority, meet and organise by electing one of their number president of the board, and, also from their number, a secre- tary and treasurer. This board may make all necessary rules and regula- tions for its government and the transaction of its business. The treasurer has to give a bond, with sufficient sureties, in such amount as may be determined by the board of commissioners. It is the duty of the commissioners to examine and con- sider all matters relating to supply- ing the village with pure and whole- some water, and for that purpose they have power to employ engineers, surveyors, and such other persons as are necessary for that purpose ; and they adopt such plans as in their opinion may be most feasible for pro- curing such supply of water, and which embraces proper distribution- pipes and supplies for all streets and places where in their opinion it is of in- terest to the village for domestic pur- poses, or for protection against fire, and ascertain the probable amount of money necessary to carry the same into effect ; and for that purpose they have power to contract for and pur- chase, and take by deed or other in- strument under seal, in the name of said village, all lands, tenements, hereditaments, rights, or privileges whatever, and situate at any place within the county in which said vil- lage may be situated, which may be required for the purpose, and to con- tract for the execution of the work, or any part thereof, or the supply of any necessary material ; and the commissioners and their agents and employees are authorised to enter upon any land or water for the pur- pose of making surveys, and to agree with the owner of the property, real or personal, which may be required, as to the amount of compensation 508 VILLAGES, to him, subject to a revision by the court upon the application by any three taxable inhabitants of the vil- lage. Before entering, taking, or using any lands, the water commis- sioners shall cause a survey and map to be made of the lands intended to be taken or entered upon for any of said purposes, by and on which the land of each owner or occupant shall be designated, which may be signed by the president and the sec- retary, and shall be filed in the office of the county clerk of the county in which the said lands are situated ; and upon such filing the water com- missioners, by any of their officers, agents, or servants, may enter upon any lands so designated for the pur- pose of prosecuting the construction of their works. Where the commis- sioners are unable to agree with the persons owning or having an interest in any lands, &c. , the supreme court, at any special term thereof held in the judicial district in which said lands are situated, shall, on applica- tion, appoint three disinterested citi- zens of the county in which the lands are situated, who shall be freeholders, as commissioners of assessment, to determine the damage sustained by each of such persons by reason of the taking or use of his or her lands, &c. Whenever any report of these com- missioners of assessment has been confirmed by said supreme court, the water commissioners may deposit, as the court may direct, or pay to said owner or to such persons as the court may direct, the sum mentioned in the report in full compensation for the property so required ; and thereupon the village becomes seized in fee of the property so required, and is dis- charged from all claim by reason of any such appropriation or use. It is the duty of the commissioners to borrow from time to time, upon the credit of the village, a sum not ex- ceeding 10 per cent of the assessed value of the real and personal estate of the valuation of the village, as appears by the last assessment -roll, upon such term of credit not exceed- ing thirty years, and at rate of inter- est not exceeding the legal rate, as seems to them for the best interest of the village ; and, to secure the payment of such loan, they are au- thorised to make and deliver bonds, certificates, or other obligations, signed by them or any three of them, as said commissioners, which bonds, &c., are made payable in such re- spective amounts and at such respec- tive times as the commissioners deem best ; and these bonds, and the in- terest thereon, are a valid liability against the village, and the credit of the village is pledged for the pay- ment of the same, and the money so borrowed is appropriated by the com- missioners to supplying the village with water. Before any such bonds are issued, the commissioners have to file with the clerk of the county their joint and several bond in the sum of $20,000, with sureties approved by the county judge. Ample powers are given to make contracts, use the streets, establish a scale of water- rents, &c. The entire annual receipts for water-rents, after deducting there- from such sums as may be necessary for repairs, &c., are applied towards the payment of the interest on the loan, and towards the creation of a sinking fund, which is managed by the commissioners. No investment shall be made in behalf of this sink- ing fund, except in the bonds of the United States, of the State of New York, or of any city of said state, and in the water bonds, &c., of the village issued as stated, bought at not over par, which, when so pur- chased, shall be immediately can- celled. Should the annual receipts for water-rents, after deducting for repairs, &c. , not pay the full interest in any year, or any part of the prin- VILLAGES. 509 cipal fall due in any year, and the sinking fund not be sufficient to pay the same, any such deficiency is to be assessed, levied, and collected from the taxable property of the village at the same time and in the same man- ner as other expenses of the village are assessed, levied, and collected ; and the same is applied to the pay- ment of such interest or principal, or both. The commissioners annually, on the first day of May and at all other times as required by the board of supervisors of the county in which such village is situated, deliver to said board of supervisors a detailed statement of all their accounts, a general statement of all their work and condition of their affairs and state of finances, including a full de- tail of the amount expended in the progress of the work, and a particu- lar statement of any deficiency as to the water-rents in meeting the prin- cipal and interest of the sum bor- rowed ; and all books and papers of every kind and description kept by the commissioners, upon which are entries of their transactions as such, are at all times siibject to the inspec- tion by said board of supervisors, and by every elector of said village. The commissioners can from time to time make by-laws, rules, and regula- tions not inconsistent with the laws of the state or of the United States. The trustees of any such incorpor- ated village containing a population of 3000 and upward may, whenever in their opinion the public interest demands it, at any time not less than thirty days preceding the next annual election for village officers, direct that at such election, and at every fourth annual election thereafter, there shall be elected a police justice, who shall be a resident of the village in which he is elected, and hold office for four years, and have the same power and jurisdiction in criminal cases which justices of the peace have by law, and be subject to the same duties and liabilities as the justices of the peace of the several towns of the state, and have jvirisdiction in all cases of violation of village ordinances. When the whole of any town has been duly organised as a village, the electors, if they so elect at a meeting duly called for that purpose, may provide for the division of such vil- lage into districts, and for the elec- tion of the trustees of such village within the several districts estab- lished therein. Whenever any va- cancy, by death, resignation, removal from the village, or inability to dis- charge the duties of the office, occurs in the said office, the trustees order an election to fill the vacancy at the next annual election, and in the mean- time may fill it by appointment, or may designate one of the justices of the peace of the town in which the village is situated to perform the duties of police justice until such election has been held. The fees of these police justices, and also of any justice of the peace while so acting ad interim, are a charge upon the village, and audited and allowed in the same manner as other village charges. Every police justice, within ten days after election, and before entering upon the duties of his office, takes and subscribes the constitu- tional oath of office, and files it in the office of the town-clerk of the town in which he resides. Upon the application in writing of not less than 25 electors, inhabitants of any incorporated village, the board of trustees may determine, by resolu- tion entered in their minutes of pro- ceedings, that a police justice shall be elected for such village, and if they so determine, the electors of the village may, at their then next annual election, or at a special elec- tion called for the purpose, and con- ducted in the same manner as the annual election, choose a police jus- 510 VILLAGES. tice, who shall be a resident elector of the village, and enter upon the discharge of his duties as soon as he is duly notified of his election, and takes and files in the office of the village clerk the constitutional oath of office, and a bond with the sureties in such sum as the board of trustees prescribes, and approved by such board, conditioned for the faithful performance of his official duties. The term after the first, which ex- pires on the 31st day of December in the third year succeeding his election, is three years, commencing with the first day of January, the election being on the same ticket with other elective village officers at the preced- ing annual charter election. Vacan- cies are filled by the board of trustees until a successor for the unexpired term is elected at the next annual election. Such police justice has, within his village, and in cases where the alleged crime or misdemeanour has been committed within his village, ex- clusive jurisdiction, except as after stated, to issue all warrants, hear and determine all complaints, and to con- duct all examinations and trials in criminal cases, that may be had by a justice of the peace, or before a court of special sessions ; and has the same power and jurisdiction in such criminal cases as justices of the peace have, and has exclusive jurisdiction in all cases of violations of ordinances of his village. He also has authority to administer oaths in verification of accounts and claims against the village, but has no other civil jurisdiction. He receives for his services an annual salary fixed by the board of trustees, which shall not be increased or diminished during his term of office, but he does not retain to his own use any costs or fees. Said justice is subject to the same liabilities, and his judgments and proceedings may be reviewed in the same manner and to the same ex- tent as by law provided in case of justices of the peace. In case of sickness, absence, &c., of the police justice, it is the duty of the several justices of the peace of the town in which the village is wholly or par- tially situated to fill his place ad in- terim, getting the same fees as would be chargeable therefor as though no police justice had been elected, but having no claim for such services against the village, or the town or county. It is the duty of the police justice to provide and enter in a suit- able book a record of the several complaints made before him, in which a warrant or other process for the arrest of any person accused is grant- ed, and of all cases in which the offender or person accused is brought before him without process ; which record shall contain, under the pro- per date, a brief statement of the names of the parties, the nature of the offence charged, the action of the said police justice thereon ; and an accurate account of all fines, penal- ties, and costs imposed and collected by him, or which may be ordered to be paid by any offender. And an- nually, at least two weeks before the time appointed for holding the char- ter election of said village, and oftener when required by resolution of the board of trustees, he shall make a report in writing to the clerk of the village of all fines, penalties, and costs imposed and collected by him ; and the same day on which he makes this report he shall pay over to the treasurer of the village all fines, penalties, and costs in his hands be- longing to his village. The provisions of this Act as to police justices do not apply to any village in the county of Madison. In all cases of imprison- ment of persons charged with the commission of any offence, or under sentence or conviction of any offence within the jurisdiction of any police court of such village, such imprison- ment is in the county where the CITIES. 511 offence was actually committed, or in the penitentiary nearest such vil- lage, unless the county in which such offence was committed has a contract with some penal institution for the keeping of convicts, in which case the imprisonment, if not in such county, is in the penal institution with which there is such contract. The civil jurisdiction of police justices within any incorporated village of the state is limited to cases in which the vil- lage is a party in interest, but this is not construed to affect police justices in villages incorporated by special acts. CITIES. (Many of the general provisions about to be mentioned are provided for differently in the several char- ters of the different cities of the state. ) A fireman of any of the different cities within the state, in case of re- moval from one city to another, upon producing a certificate of ser- vice signed by the chief engineer of the city left, and being reappointed a fireman in the city removed to, is credited with the time served in the city left. Mayors of the several cities are elected annually by ballot by the male inhabitants entitled to vote for members of the common council ; the ballots being deposited in a separate box provided by the inspectors of election, and marked " mayor. " The election is conducted the same as those for charter officers. The in- spectors of the several wards canvass the ballots for mayor, certify, and state the result in the same manner as in the election of aldermen. The statement and certificate is filed by the inspectors on the same day as, or on the next day after, the canvass is completed, with the clerk of the city. The clerk delivers the state- ment and certificate to the common council at their next meeting after the election ; whereupon the common council proceeds to determine and declare who is duly elected to the office of mayor, and the person hav- ing the greatest number of votes is declared duly elected. The common council makes a certificate of their determination, which is signed by the members present, or a majority of them, and filed with the clerk. The mayors elected take the con- stitutional oath of office and enter on their official duties at the same time as members of the common council elected at the same election enter upon their duties, and hold office for one year, and until a successor is elected and takes the constitu- tional oath of office. A vacancy in the office of mayor is filled by the common council of the city electing a mayor ad interim by ballot. These provisions do not apply to the city of New York. In every city of the state in which the office of recorder exists (except in the cities of New York, Rochester, and Buffalo), there is elected at the general state elec- tion, next preceding the expiration of the term of office of the recorder, a successor of such recorder. A separate ballot - box, marked " re- corder," is provided by the inspec- tors of election. Whenever the common council of any city within the state has ap- pointed a committee of members of their body upon any subject or mat- ter within the jurisdiction of such common council, or to examine any officer of the city in relation to the discharge of his official duties, or to the receipt or disbursement by him of any moneys in the discharge of 512 CITIES. said duties, or concerning the posses- sion or disposition by him, in his official capacity, of any property belonging to the city ; or to use, in- spect, or examine any book, account, &c., relating to the city affairs, the chairman of the committee can ad- minister oaths to witnesses, and false swearing, &c., is perjury, and on conviction the offender is punishable accordingly. Non-resident material witnesses who are within the state are, upon application by the chair- man or a majority of the committee, summoned by a justice of the supreme court, or by the county judge of the county within which the city is situ- ated, or by the recorder of the city. Such summons is served by showing to the witness the original summons under the hand of the officer issuing it, and delivering a copy thereof, or a ticket containing its substance, and paying to him the fees of wit- nesses in civil actions in courts of record. Whenever the trustees of any church or religious corporation, own- ing a burying - ground within the limits of any city, by resolution de- termine that it is expedient to re- move the human remains buried therein, it is lawful for them to proceed as follows : by notice read to the congregation on two succes- sive Sundays, and posted at the prin- cipal door of the church for two weeks previously, and published daily in one of the city papers hav- ing the largest daily circulation for the same period of time, they call a meeting of the pewholders of such church for the purpose of considering the subject of such removal ; and in such notice they state the time and place of such meeting and the pur- pose thereof. This meeting is organ- ised by electing a president and secretary by a majority of the pew- holders thereat. If three-fourths of the pewholders present vote in favour of the removal, the president and secretary execute a certificate show- ing the proceedings of the meeting, which is proved or acknowledged in the same manner as deeds are re- quired by law to be proved or ac- knowledged, and is recorded in the office of the register of the city or clerk of the county in which the burying-ground is situated ; and no other consent is necessary or required to authorise such removal. The re- moval is made by the trustees of the church, their agents and servants, at such time or times and in such man- ner as the board of health in the city directs. It is made at the ex- pense of the church or religious cor- poration, to any other burying-ground owned by them, in an appropriate manner, together with the tombstones proper thereto ; and these tombstones are erected again at the place of re- moval, over the appropriate remains in all cases where the same can be identified. The police department or board of police of any city can, in addition to the police force authorised by law, appoint a number of persons, not ex- ceeding 200, who may be designated by any company which may be oper- ating a system of signalling by tele- graph, to a central office for police assistance, to act as special patrol- *men in connection with such tele- graphic system ; and these persons, in and about such service, have all the powers possessed by the mem- bers of the regular force, except as limited by and subject to the super- vision and control of the police de- partment or board of police of the city. These special patrol-men must have the qualifications required for such special service ; and are subject, in case of emergency, to do duty as a part of the regular police force of the city. Each wears a badge and uniform furnished by the company and approved by the police depart- COUNTIES. 513 ment. The pay of these special pat- rol-men, and all expenses connected with their service, is wholly paid by such company or companies. COUNTIES. Each county, as a body corporate, has capacity 1. To sue and be sued in the man- ner prescribed by law. 2. To purchase and hold lands within its own limits and for the use of its inhabitants, subject to the power of the legislature over such lands. 3. To make such contracts, and to purchase and hold such personal pro- perty, as may be necessary to the exercise of its corporate or adminis- trative powers ; and 4. To make such orders for the disposition, regulation, or use of its corporate property as may be deemed conducive to the interests of its in- habitants. No county possesses or exercises any corporate powers except such as are specially given by law, or are necessary to the exercise of the powers so given. All acts or pro- ceedings by or against a county in its corporate capacity are in the name of the board of supervisors of the county ; but every conveyance of lands within the limits of the county made in any manner for the use or benefit of its inhabitants has the same effect as if made to the board of supervisors. The power of a county as a body politic can only be exer- cised by the board of supervisors thereof, or in pursuance of a resolu- tion by them adopted. When a county seized of lands is divided into two or more counties, or is altered in its limits by the annexing of a part to another county or coun- ties, each county becomes seized to its own use of such part of said lands as is included within its limits, as settled by such division or alteration. Money rights and credits, or other personal property, are apportioned between the counties interested by the supervisors and county treasurers thereof as to them, or a majority of them, appears to be just and equit- able. They meet for that purpose at the time prescribed by the law making the division or alteration. Debts owing by a county are appor- tioned in like manner. Each super- visor is allowed $2 per day and 8 cents per mile travelling expenses when attending the meetings of the board. The supervisors of the several cities and towns in each of the coun- ties of the state meet annually in their respective counties for the de- spatch of business as a board of super- visors. They may also hold special meetings at such times and places as they find convenient, and have power to adjourn from time to time as they deem necessary. Each board has power, at their annual meetings or at any other meeting 1. To make such orders concerning the corporate property of the county as they deem expedient. 2. To examine, settle, and allow all accounts chargeable against the county, and to direct the raising of such sums as may be necessary to defray the same. 3. To audit the accounts of town officers and other persons against their respective towns, and to direct the raising of such sums as may be necessary to defray the same ; and 4. To perform all other duties which may be enjoined on them by any law of the state. A majority of the supervisors of a county constitutes a quorum for the 2 K 514 COUNTIES. transaction of business, and all ques- tions arising at their meetings are determined by the votes of those present. The boards sit with open doors, and all persons may attend their meetings. They, at each annual meeting, choose one of their number as chairman, who presides during the year ; and when he is absent at any meeting, the members present elect one of their number as a temporary chairman. All chairmen and clerks of boards of supervisors have power to administer oaths to any person concerning any matter submitted to the board or connected with their powers or duties. Each board, as often as necessary, appoints some proper person to be their clerk, who holds office during their pleasure, and whose general duty it is 1. To record in a book, provided for the purpose, all the proceedings of the board. 2. To make regular entries of all their resolutions or decisions on all questions concerning the raising or payment of moneys. 3. To record the vote of each super- visor on any question submitted to the board, if required by the mem- bers present ; and 4 . To preserve and file all accounts acted upon by the board. The county pays the clerk a reason- able compensation, fixed by the board. The books, records, and accounts of the boards of supervisors are deposited with their clerks, and are open, with- out reward, to the examination of all persons. Each member of the board is allowed a compensation for his ser- vices, and expenses in attending the meetings of the board, at the rate of $2 per day. If any supervisor re- fuses or neglects to perform any of the duties which are required of him by law as a member of the board of supervisors, he forfeits for every such offence the sum of $250. The mayor, recorder, and aldermen of the city of New York are the supervisors of the city and county of New York. The board of supervisors of each county have power to cause to be levied, collected, and paid to the treasurer of the county moneys necessary to construct and repair bridges, to ap- portion the tax so to be raised among the several towns and wards of their county as shall seem to them to be equitable and just ; to levy, collect, and pay moneys necessary for rebuild- ing or repairing the court-house or jail of their county, or for building, rebuilding, or repairing the clerk's office of the county ; to appoint spe- cial commissioners to lay out public highways, when satisfied that the road applied for is important. The boards of supervisors of the several counties in the state, the county of New York excepted, at their annual meetings have power within their respective counties, by a vote of two - thirds of all the members elected, to divide or alter in its bounds any town, or erect a new town; but they shall not make any alterations that place parts of the same town in more than one assembly district, nor where it is proposed to divide towns into two or more towns, unless upon appli- cation to the board of at least twelve freeholders of each of the towns to be affected by the division, and upon being furnished with a map and sur- vey of the towns to be affected, showing the proposed alterations, and, if the application is granted, a copy of this map, with a certified statement of the action of the board thereunto annexed, is filed in the office of the secretary of state ; and it is the duty of the secretary to cause the same to be printed with the laws of the next legislature after such division takes place, and cause the same to be published in the same manner as other laws are published. Whenever the board of supervisors COUNTIES. 515 erects a new town in any county, they designate the name thereof, and the time and place of holding the first an- nual town meeting therein, and three electors of such town, whose duty it shall be to preside at such meeting, ap- point a clerk, open and keep the polls, and exercise the same powers as jus- tices of the peace when presiding at town meetings ; and in case any of the said electors refuse or neglect to serve, the electors of the town present at such meeting have power to sub- stitute some elector of the town for each one so refusing or neglecting to serve. Notice of the time and place of such town meeting, signed by the chairman or clerk of the board of supervisors, is posted in four of the most public places in the town by the persons so designated to preside at the town meeting, at least fourteen days before holding the same. They also fix the place for holding the first town meeting in the town or towns from which such new town is taken. But these provisions do not affect the rights, or abridge the term of office, of any justice of the peace or other town officer, in any such town, whose term of office has not expired. The boards of supervisors were by the Act of 1849 amended by an Act of 1870, also severally authorised - 1 . At any meeting thereof lawfully assembled to purchase for the use of the county any real estate necessary for the erection of buildings, and for the support of the poor of the county. 2. To purchase any real estate necessary for a site for any court- house, jail, clerk's or surrogate's office, or other public county build- ings in the county. 3. To fix upon and determine the site of any such buildings where they are not already located. 4. To authorise the sale or leasing of any real estate belonging to the county, and prescribe the mode in which any conveyance shall be made. 5. To remove or designate a new site for any county buildings, when such removal shall not exceed one mile. 6. To cause to be erected necessary buildings for poorhouses, jails, clerks' and surrogates' offices, or other county buildings, and prescribe the manner of erecting the same. 7. To cause to be raised by tax upon the county any sum of money to erect any of the buildings men- tioned in said Acts, not exceeding the sum of $5000 in any one year. 8. To borrow money for the use of the county to be expended in the purchase of any real estate, or for the erection of any such buildings, and to provide for the payment thereof, with interest, by tax upon the county, within ten years from the date of the loan, in yearly in- stalments or otherwise. 9. To authorise any town in the county, by a vote of such town, to borrow any sum of money, not ex- ceeding $ 4000 in one year, to build or repair any roads or bridges in such town, and prescribe the time for the payment of the same, which time shall be within ten years, and for assessing the principal and interest thereof upon such town. 10. To abolish or revive the dis- tinction between the town and county poor of such county. 11. To fix the time and place of holding their annual meetings. 12. To extend and determine by resolution at their annual meeting the time when each collector in said county shall make return to the county treasurer ; but such time shall in no case extend beyond the first day of March next. 13. To make such laws and regula- tions as they deem necessary, and provide for the enforcing of the same, for the destruction of wild beasts, of thistles and other noxious weeds, to prevent the injury and destruction of 516 COUNTIES. sheep by dogs, and to levy and en- force the collection of any tax upon dogs, and to direct the application of such tax, and to provide for the pro- tection of all kinds of game, of shell and other fish, within the waters of their respective counties ; and all laws of the state existing in relation to preserving or destroying, killing, and taking wild beasts or birds, fish, eels, and shell-fish, were repealed as on the 1st day of January 1850. 14. To require any county officer, or any officer whose salary is paid by the county, to make a report under oath to them, on any subjects or matters connected with the duties of their offices whenever called upon by resolution to do so ; and any officer refusing or neglecting to make such report is deemed guilty of a misde- meanour. 15. To fix, establish, locate, and define disputed boundary - lines be- tween the several towns in their re- spective counties, by a resolution duly passed by a majority of all the mem- bers elected to such board. A notice of intention to apply to the board to fix, &c. , the disputed boundary-line, particularly describing the same, and the line as proposed, signed by the su- pervisor, town-clerk, and two or more of the justices of the peace, of some one of the towns to be affected by such resolution, is published for four weeks successively before the meeting of the board at which such resolution is to be presented, in all the newspapers printed in the county, if not more than three in number, but if they exceed three in number, then in the three having the largest circulation in the county. A copy of this print- ed notice is also served personally at least fifteen days before the meeting of the board on the supervisor and town - clerk of each of the other towns to be affected thereby. A copy of the resolution as adopted, which shall contain the courses, dis- tances, and fixed monuments specified in such boundary-lines, together with a map of the survey thereof, with the courses, &c., referred to therein, plainly and distinctly marked and indicated thereon, shall be filed in the office of the secretary of state within sixty days after the adoption of such resolution, and it is the duty of the secretary to cause the resolu- tion to be printed with the laws of the next legislature after the adoption thereof. A copy of the resolution is also within the same time published for two successive weeks in all the newspapers printed in the county ; but if they exceed three in number, then in such three as the board desig- nates for the purpose, the expenses of publication to be paid by the town causing the publication of the notice of the application. 16. To ascertain, fix, and deter- mine the amount to which any per- son or corporation is equitably en- titled to receive back from any town or towns for taxes paid while the boundary - line between such towns was in dispute, and to levy and assess such amount upon such town or towns, and cause the same to be collected in the same manner that other taxes are levied, assessed, and collected. None of these powers are exercised except by a vote of a majority of all the members elected in the county ; nor are the powers Nos. 5, 10, and 13 exercised without a vote of two- thirds of all the members elected to such boards. The boards of super- visors have also power, within their respective counties, to change the location of court-houses, jails, clerks' offices, surrogates' and treasurers' offices, or other public buildings, when the distance does not exceed one mile, the proceedings being in compliance with the provisions of the Acts of 1849 and 1870. But no board shall expend for all the pur- COUNTIES. 517 poses aforesaid, including land, build- ings, and furnishing the same, or for any purpose whatsoever, a greater sum than one-half of 1 per cent upon the then last assessment-roll for all the towns in the county. And such board may borrow a sum, not exceed- ing such one-half of 1 per cent, to be used for the purposes aforesaid, and the sum so borrowed is inserted in the next annual tax levy, and as soon as the money is collected the amount thus borrowed is fully paid. Every resolution of any board of supervisors, passed in pursuance of the Act of 1849, is signed by the chairman and clerk, and recorded in the book of miscellaneous records of the county. The comptroller is au- thorised to loan to any of the towns or counties of the state any money in the treasury belonging to the capital of the common school fund, as autho- rised by the Act of 1849, to be bor- rowed by any county or town upon application made to him by the treas- urer of the county ; and when loaned to a county, the treasurer executes his official bond for the payment thereof ; and when loaned to a town, the super- visor executes his official bond in like manner. By an Act of 1880, supplementary to the Act of 1849, whenever any board of supervisors forms a new town within its respective county from parts of other towns or town which have bonded to aid in the con- struction of any railroad, and such bonds, or any part thereof, remain unpaid, or when any board of super- visors changes the line of any town so bonded, &c. , the new town and the parts taken, &c., pay a propor- tionate share of such bonds as remain unpaid, which share is ascertained from the assessed valuation of the town contained in the last equalised valuation of the assessment-roll made prior to the formation or change of such town. It is the duty of the railroad commissioners of such town to render a true statement to the board of supervisors, as required by the general railroad Act noticed al- ready, and the board adds such pro- portionate share to the sums to be collected from the town so formed, or to the parts so detached, to be collected as prescribed by law. The assessors of the town or towns to which has been added a part of another town, yearly, until such bonds are paid, make a separate and distinct list of the taxable inhabitants and lands contained in the annexed part in the assessment-roll of the said town, and this is designated in such roll, " list of annexed lands and in- habitants." Such proportionate share of moneys collected is paid by the supervisor of the town to the rail- road commissioners of the town from which such territory has been de- tached, and by them used for pay- ment of the bonds according to law. By the laws of 1858, chap. 190, the chairman or president of the board of supervisors can issue a sub- poena in proper form commanding any person as a witness upon any subject or matter within the jurisdic- tion of such board, or any officer of the county, to appear before such board at a time and place therein specified, to be examined as a wit- ness, and also to produce on such examination all books, papers, and documents in his possession or under his control relating to the affairs or interests of the county. It is the duty of the sheriff, or any deputy sheriff or constable of the county to whom the subpoena is delivered, to serve the same by reading it to the person named therein, and at the same time delivering him a copy thereof ; and his official return thereon of the time and place of such service is primd facie evidence thereof. When- ever the board of supervisors has appointed any members of their body 518 COUNTIES. a committee upon any subject or matter of which the board has juris- diction, and has conferred upon such committee power to send for persons and papers, the chairman thereof pos- sesses all the powers, and is liable to all the duties, imposed upon the chair- man of the board of supervisors. Persons subpoenaed neglecting to ap- pear or to produce books, &c., as commanded, or refusing to testify or to answer any question which a ma- jority of the board or committee decides to be proper and pertinent, are deemed in contempt, and it is the duty of the chairman to report the facts to the county judge, or to a judge of the supreme court, or of the superior court, or of the court of common pleas of any of the cities of the state, who shall thereupon issue an attachment in the form usual in the court of which he is judge, to the sheriff of the county where such wit- ness was required to appear and testify. The proceedings in such attachments are the same as those under like cases in civil causes before a circuit or special term of the su- preme court. Laws of 1869, chap. 855, amended by subsequent acts. The boards of supervisors of each county, except New York and Kings, have power at their annual meeting, or at any other regular meeting, to authorise the supervisor of any town in the county, by and with the consent of the com- missioners of highways, town-clerk, and justices of the peace of the town, to borrow such sum of money for and on the credit of each town, not ex- ceeding, however, in any year the amount of one-half of 1 per cent on the assessed valuation of the taxable property of the town for such year, as the said town officers deem necessary, to build or repair roads or bridges in such town, or partly in such town and partly in an adjoining town, or to pay any existing debt incurred in good faith by or on behalf of such town for such purpose. The super- visors' board prescribes the form of obligation to be issued on any such loan, and the time and place of pay- ment, the time not to exceed ten years ; and has power, and it is its duty from time to time, as the obli- gations become due and payable, to impose upon the taxable property of such town sufficient tax to pay the principal and interest of such obliga- tions according to the terms and con- ditions thereof. The town officers mentioned meet at the town-clerk's office in the town for which they are elected on the first Monday of Sep- tember in each year at 10 A.M. to determine what amount, if any, shall be borrowed on the credit of such town, and for what roads or bridges such amount shall be borrowed or appropriated, and may adjourn, but no such meeting shall be held subse- quent to the first Monday of October in each year. The town-clerk keeps a record showing the date and amount of such bonds issued, the time and place where the same are made pay- able, and the rate of interest thereon. The bonds are issued to the super- visor of the town, who disposes of them for not less than their par value, and pays the proceeds to the commis- sioners of highways of the town. Not more than $500 of such proceeds shall be expended upon any one road or bridge, except under and in pur- suance of a contract made by the con- tractor with the commissioner, or a majority of the commissioners of high- ways of the town, which contract shall be approved by a majority of the town auditors, neither of whom shall be interested in such contract. By a two-thirds vote of all the mem- bers elected, the board of supervisors can, from time to time, alter, reduce, or change the fates of tolls charged by roads, bridges, and ferries within their county ; or if within more than COUNTIES. 519 one county, then by joint action with the supervisors of such counties, pro- vided such alteration is asked for by the directors, trustees, or owners of such road, bridge, or ferry ; and pro- vided further, that no increase of toll is so authorised unless notice of in- tention to apply for such increase has been published in each of the news- papers published in the county, once in each week for six successive weeks next before the annual election of supervisors in such county. The electors of any town at any regular town meeting, or of any county at any regular election, may vote any sums of money, to be desig- nated by a majority of all the electors voting, for the purpose of erecting a public monument within such town or county, in memory of the soldiers of such town or county, or in com- memoration of any public person or event ; but no debt shall be created, nor any tax be imposed, on any town or county for such purpose, unless the same has been voted for by a majority of the legal voters of the town or county affected, nor unless the object and expenditure are ap- proved of by a vote of two-thirds of the supervisors elected in the county. The board of supervisors may legalise the vote of any town or county for such purpose ; and after such vote, they may raise or authorise the speci- fied sum or sums of money to be raised in any of the modes provided for by law for raising moneys for towns or counties. The expenditure is under the direction of the super- visor, town-clerk, and justices of the peace of the town, or of a majority of them, or by commissioners for that purpose appointed by the town officers, or by a majority of them. If it is a county monument, the expenditure is under the control of commissioners appointed by the board of supervisors to superintend the erection thereof. No compensation is paid to town or county officers or commissioners for such services. The board of super- visors can alter, repeal, or amend resolutions or ordinances, and stay further expenditure upon any monu- ment within the county being erected at the expense of such county, or of any town or towns within such county. The board of supervisors of any county, except New York and Kings, may, by a vote of two-thirds of all the members elected thereto, legalise the informal acts of any town meeting in raising money for any purpose for which such money is authorised to be raised by law, and by a like vote to legalise the irregular acts of any town officer performed in good faith and within the scope of his authority, provided such legalisation is recom- mended by the county court of the county ; and likewise to correct, on such recommendation, errors in any assessment or return made by any town officer, or which properly comes before such board for their action, confirmation, or review ; and upon the order of such court, made on application of the person aggrieved, refund to such person the amount collected from him of any tax illegally or improperly assessed or levied. An appeal may be taken from this order as from a judgment of said court in an action. In raising the amount so refunded, the board adjusts and apportions the same upon the property of the several towns of the county as is just, taking into consid- eration the portion of state, county, and town tax included therein, and the extent to which each town has been benefited thereby. On appeal taken as prescribed by any taxpayer of the town from the audit of town auditors of bills rendered by justices of the peace in criminal proceedings, the board of supervisors thereupon audit the accounts, and their decision is final. The board of supervisors 520 COUNTIES. have, subject to the legal rights of the officers using the same, the general charge of all the books and records of the county, and provide for their safe- keeping. The board of supervisors have the power, and it is their duty to audit the accounts of the superintendents of the poor of the county, and to examine the accounts of subordinate county officers ; and each supervisor, whose compensation is not specially provided for by law, is entitled to charge and receive $3 per day only for each full day's services during the sessions of the board, besides mileage. In addition to the other powers, the board of supervisors of Queen's County have power, at any meeting of which noiice is given, as specially prescribed, to authorise the super- visors of any town in this county, on written applications of the super- visor, town - clerk, justices of the peace, and commissioners of high- ways or a majority of them, of such town, or, if more than one town is affected thereby, then of said officers, or a majority of them, of each of such towns, to borrow such sum of money for, and on the credit of, such town or towns, as the said town officers deem necessary to lay out, build, widen, grade, macadamise, or repair roads, or to purchase for public use any plank-road, turnpike or toll road, or toll-bridge in such town ; and to prescribe the form of the obligation to be issued on any such loan, and the time and place of payment, the time not to exceed ten years ; and to impose upon the taxable property of such town sufficient tax to pay the principal and interest, according to the terms and conditions of the obli- gations, as they from time to time become payable. Three commis- sioners are appointed to appraise and determine the value of any lands re- quired, when an agreement cannot be come to with the owner, &c., and the proceedings are similar to those where railroad commissioners act, as previ- ously described in corresponding cir- cumstances. In case the roads or bridges, referred to in the first section of this Act of 1869, are wholly or partly within the limits of any incor- porated village, the consent of a majority of the trustees of such vil- lage is necessary for the action of supervisors of towns, in addition to the consent of the commissioners of highways, town - clerk, and j ustices of the peace. The clerks of the boards of super- visors of the several counties, on or before the second Monday in De- cember in each year, transmit to the comptroller by mail, in the form he prescribes, a certificate or return of all the indebtedness of their respec- tive counties, and of each town, village, and ward therein, under forfeiture to the people of the state of $50 for refusal or neglect to do so. By a law of 1875, the board of supervisors of each county in the State of New York can contract with the sheriff of the county, or the jailer of the common jail there- in, for the support and maintenance of prisoners confined upon civil pro- cess, the then existing provisions of law relating to the care, custody, support, and maintenance of such prisoners in the counties of Kings and Monroe not being affected. By a recent law, imprisonment for debt has been practically abolished in the State of New York. Laws of 1875, chap. 482, " An Act to confer on boards of supervisors farther powers of local legislation and administration, and to regulate the compensation of supervisors, as amended," provides that in the several counties, except in cities whose boundaries are the same as those of the county, the boards of supervisors can make and admin- COUNTIES. 521 ister, within their respective coun- ties, laws and regulations 1. To purchase or otherwise ac- quire, for the use of the county, real estate for sites for court-houses, county clerks' offices, and other buildings for county officers, and for jails, and such other places of confinement as may be authorised or required by law for male and female prisoners, the detention of witnesses, and for establishments for the care of paupers, idiots, &c., for whose sup- port the county is liable ; to erect, alter, improve, purchase, and receive by gift buildings for any of these purposes, &c. ; to borrow money on the county bonds, or other county obligations, for a period not ex- ceeding fifteen years, to be paid in annual instalments, for the purposes specified ; but in all cases when the total indebtedness thus created, and then outstanding under previous authority, exceeds $100,000, no ad- ditional issue is authorised, except in the counties of Albany, Erie, and Kings, unless by the consent of a majority of all the electors of the county, voting on the question at any annual election, and subject to the conditions in this Act specified, to change the location of county build- ings, and to sell or apply to other county use the old sites, &c., and, if sold, the proceeds towards payment of obligations incurred for new sites and buildings, and in case of a change in the location of a county court- house to make one or more jury districts, and to make such regula- tions in respect to the holding of the terms of courts as are neces- sary by reason of such change. 2. To fix, subject to the limitations of sec. 15, art. vi. of the constitution, the salaries and per diem allowance of county officers, whose compensa- tion may be a county charge, not to be changed during their respective terms of office ; and to prescribe the mode of appointment, and fix the number, grades, and pay of the deputies, clerks, and subordinate employees in such offices. 3. To authorise the location, change of location, and construction of any bridge (except on the Hudson river below Waterford, and on the East river, or over the waters forming the boundaries of the state) which shall be applied for ; and, in the case of a public bridge erected by a cor- poration, to establish the rates of toll to be collected. But where the bridge crosses a navigable stream of water, full provision shall be made in the resolution or permission author- ising it for the erection and main- tenance of a suitable draw to prevent any impeding of navigation ; and, in the case of a private bridge, for the draw being kept open, so as to per- mit all vessels to pass without loss of headway. Where the bridge is at the dividing line of counties, the boards of supervisors of each county have to give the authorisation. Pro- vision is made for boards of super- visors rebuilding bridges destroyed by the elements or otherwise, at the earliest practicable time, and buying out the rights of corporations or others owning the approaches, sites, &c. , of destroyed bridges, " provided such purchase can be accomplished upon such terms as in the judgment of the board of supervisors are just to the public and to its best interests. But if, in the judgment of the board of supervisors, such purchase cannot be accomplished upon reasonable terms, then and in that case " the board can acquire a valid title to premises on either side of the de- stroyed bridge at a reasonable price, and provide for the construction and maintenance of a bridge and the ap- proaches thereto upon premises other than the site upon which the de- stroyed bridge was located, provided the bridge to be constructed can be 522 COUNTIES. so located outside of the old site as not to increase the distance to be travelled to reach either end of such bridge more than five rods. The construction and maintenance of the bridge, c. , are at public expense ; and when completed, it is free for the use of the whole public, and all persons may use it as a public or common highway ; and it shall be what is ordinarily understood to be a free bridge, subject to the rights of the board of supervisors of the county, which prescribes the weight that may or may not be carried over it, and the rate of speed beyond which any animal shall not be rode or driven, under such penalties for disobedience of the rules and regu- lations prescribed by the board as the board may deem proper. 4. To apportion, as such board may deem equitable, the expense of constructing any public bridge (ex- cept in the cases mentioned in the last preceding subdivision) over a stream or other water forming the boundary line of counties between the towns at such point, each county to pay not less than one-sixth thereof ; and where the board deems the construc- tion a general benefit to the county, and that the payment of two-thirds would be unjust to such towns, to apportion a certain additional pro- portion to the counties ; and to authorise any town, on the vote of a majority of the electors, to vote at any annual town meeting, or regu- larly called special town meeting, to appropriate such a sum (to be raised as other bridge moneys) to aid in the construction and maintenance of any bridge outside the town or county boundaries, but forming a continua- tion of highways leading from such town or county and deemed necessary for the public convenience. The board can impose the expense of con- struction and maintenance upon the county at large within which the bridge and its approaches are situ- ated, or upon such town or towns, city or cities, within the county. 5. To provide for the care, main- tenance, preservation, and reparation of any draw or other bridge (except as aforesaid), and to severally appor- tion the expense on the towns re- spectively liable therefor, or on the respective counties when liable ; but when such bridge spans any portion of the navigable tide-waters, forming at the point of crossing the boundary- line between two counties, the ex- pense is a joint and equal charge on the two counties in which it is situ- ated. No town or city not imme- diately adjacent to such waters at the point spanned by the bridge is liable for any larger proportion of the expense than the taxable pro- perty of such town or city bears to the total amount of taxable property of such county. But no such bridge shall be constructed unless it is authorised by a resolution adopted by a majority of the board of super- visors in each of such counties. 6. To authorise towns liable for the erection, &c., in whole or in part, of any bridge (except as afore- said), to erect, &c., the same; and to borrow such sums of money as may be necessary, and to pay exist- ing debt. But no authority shall be exercised except upon the application of a town liable to be taxed, to be made by vote of a majority of the electors, or upon the application of the supervisor, by and with the con- sent of the commissioner of highways, town- clerk, and justices of the peace of such town. 7. To authorise towns, when appli- cation is made therefor by a vote of a majority of the electors, to pur- chase, and any company owning the same to sell, the whole or any part of any plank, macadamised, or turn- pike road, or any toll-bridge in such town or towns, or the franchises COUNTIES. 523 thereof, for free public use, and to determine the proportion of expense proper to be borne by each town, where more than one applies. 8. To authorise the consolidation in any town of two or more of the established road districts therein, and the division of one into two or more ; and to constitute the territory of any incorporated village into a separate road district ; and to provide for the election or appointment of overseers of highways, &c. ; but the commis- sioners or superintendents of streets or officers, &c., are the overseers of highways in incorporated village dis- tricts. 9. To authorise, in any county containing an incorporated city of 100,000 inhabitants or upwards, when any territory within such county and beyond such city's limits has been mapped out into streets and avenues in pursuance of law, the establishment of a plan for the grades of such streets and avenues, the lay- ing out, c., of the same, to provide for the estimation and award of damages for the assessment on pro- perty, and fixing assessment district therefor, the levying and payment of the amount of damages, &c. , &c. ; but the property owners owning more than one-half of the frontage on any street or avenue must petition for the laying out, c., or the super- visor, justices of the peace, and com- missioners of highways of the town, or two-thirds of such officers, give a certificate that the same is in their judgment proper and necessary for the public interest ; or where the street or avenue lies in two or more towns, a like certificate of such town officers of each town, or of two-thirds of all of them ; provided, however, the said officers, before proceeding to make such certificate, give ten days' notice by publication in one of the daily papers of the county, and by posting in six public places in such town, or in each of such towns, of the time and place at which they will meet for the purpose of considering the same, at which meeting the public and all persons interested may appear and be heard in relation thereto ; and provided that no such street or avenue shall be laid out, &c. , upon or across any lands acquired by the right of eminent domain, and held in fee for depot purposes by any railroad corporation, or upon or across lands held by any corporation formed for the purpose of improving the breed of horses, without the con- sent of such corporation. No town officer is entitled to charge for ser- vices under this Act, and no charge shall be made against the town or any of the property therein for the expense of publication of the said notice. These provisions do not ap- ply to the towns of Flatbush and New Lotts, in the county of Kings. County boards of supervisors also have authority under this Act, by resolution duly entered in their min- utes of proceedings and published therewith 1. To determine, unless the same has been determined by a court hav- ing jurisdiction thereof, upon the re- turns of the proper certifying officers, and upon such other testimony fur- nished to them as would be competent in a court of law, all cases of contested membership in their respective boards, and when so determined in any case, the decision is conclusive as to the right of the parties to the contest. 2. To make rules for the conduct of their proceedings, to compel the attendance of absent members at meetings of their respective boards, and for the maintenance of order and decorum at such meetings, and to enforce pecuniary penalties, not exceeding $50 for each offence, for the violation of such rules. 3. To determine, except in the county of Kings, in what newspapers, 524 COUNTIES. not to exceed two, the election notices issued by the secretary of state and the official canvass shall be published, and to fix the compensation for such publication. But in cases where such publication is ordered to be made in two newspapers, such papers shall be of opposite political character. The compensation of supervisors is fixed by this Act according to the per diem and other services rendered by them, and mileage at the rate of 8 cents per mile ; but various local Acts make the office of supervisor a salaried office in particular counties, and fix the salary of the clerk of the board. The clerk of the board of super- visors in each county transmits to the librarian of the state library, at Albany, a copy of the proceedings of such board annually, and within twenty days after the same is pub- lished. The board of supervisors of Chau- tauqua can provide for the protection and preservation of ducks and fish in all waters within the territorial jurisdiction of that county, and bor- dering on said county within the jurisdiction of the state, and to pre- scribe and enforce the collection of all fines and penalties for the viola- tion of any laws or regulations they make in relation to the same. The board of supervisors of any county containing more than 300,000 acres of unoccupied and unimproved forest lands is, by the laws of 1880, chap. 175, authorised to establish sep- arate highway districts in such county for the purpose of laying out and con- structing highways through such un- improved and unoccupied tracts ; and these districts are established upon the application of more than one-half of the non-resident lands to be in- cluded therein. Any highway dis- trict thus established consists of con- tiguous tracts or parcels, and may include parts of one or more towns, and may be changed, altered, or abol- ished at any time by the board of supervisors. The board can appoint one or more commissioners to lay out and construct highways in any such district, and prescribe their powers and duties, and also direct the manner of assessing highway taxes, &c. ; also authorise the commissioners to bor- row money on such terms as it directs, but not exceeding the amount of ten years' highway taxes upon the lands embraced within the district within which the loan is authorised. COUNTY TREASURER. The county treasurer, before en- tering upon the duties of his office, has to give a bond to the supervisors of the county, with three or more sufficient sureties approved by the board of supervisors, in such sum as they direct, conditioned that he shall faithfully execute the duties of his office, &c. The board may require from him a new and further bond when it deems the moneys intrusted to him unsafe, or the surety insuffi- cient ; and failure to renew as re- quired, within twenty days after notification, works a forfeiture of his office, which becomes vacant. In addition, the county treasurer has to give a bond to the people of the state, with two or more sureties ap- proved by the comptroller, in such penalty as the comptroller directs, conditioned that he shall faithfully execute the duties of his office, and pay over to the state treasury, ac- cording to law, all moneys belonging to the state, &c. Upon proper occa- sion, the comptroller may require a new and further bond. Should the treasurer make default in giving and filing this bond within the time limit- ed, or neglect to renew, the comp- troller causes a written notice to be served on him to furnish said bond, &c., within ten days; whereupon, if COUNTIES. 525 there still be default, he is deemed to have vacated his office, and the governor appoints a proper person to fill the vacancy. The bond, with the approbation of the board of super- visors indorsed thereon, is filed in the county clerk's office. It is the duty of the treasurer to receive all county moneys, and all moneys be- longing to the state which by law are directed to be paid to him ; and to pay and apply such moneys in the manner required by law. He keeps a just and true account of receipts and expenditures in special books pro- vided at the expense of the county. On or before the 1st day of March in each year, he transmits to the state comptroller a statement of all moneys received by him during the preced- ing year for penalties belonging to the people of the state ; and it is his duty at the same time to pay to the state treasurer the amount of such penalties, after deducting his com- pensation, in the same manner as state taxes are directed to be paid. At the annual meeting of the board of supervisors, or whenever directed, the county treasurer exhibits to them all the books and accounts, and all vouchers relating to the same, to be audited and allowed. Upon the death, resignation, or removal from office of any county treasurer, all books and papers and all moneys are delivered to his successor in office, upon the oath of the preceding county treasurer, or, in case of his death, upon the oath of his executors or administrators ; and failure to so de- liver, when lawfully demanded, en- tails a forfeiture to the county of $1250. The county treasurer is en- titled to retain a commission of 1 per cent on every dollar which he re- ceives and pays to wit, one-half for receiving and the other half for pay- ing. All moneys recovered, when the condition of the county treas- urer's bond is forfeited, are applied by the board of supervisors to the use of the county, unless recovered for the use of the state, in which case they, or so much thereof, are paid to the treasurer of the state. The chamberlain of the city and county of New York is considered the county treasurer thereof. It is the duty of the several county treasurers of the state, on or be- fore the 1st day of April in each year, to pay to the treasurer of the state the amount of state tax raised and paid over to them respectively, retaining his proper compensation, which shall not in any case exceed the sum of $2000. The comptroller charges on all sums withheld such rate of interest, not exceeding 1 per cent per annum, as is sufficient to repay all expenditures incurred by the state in borrowing money equiva- lent to the amount withheld, and that from the 1st day of April in each year ; and he may collect this interest from such defaulting county treasurer by suit. According to the annual supply bill, every county pays its quota of state taxes into the state treasury, one-half on or before 15th April, and the other half on or before 1st May in each year. It is the duty of the county treas- urer, except the city and county of New York, within twenty days after he has entered upon the duties of his office, to designate by written instru- ment, a duplicate copy being filed in each of the offices of the county clerk and state treasurer, one or more good and solvent banks, bank- ers, or banking associations in the county, or, failing such, in an ad- joining county within the state, for the deposit of all moneys received by such treasurer, and to agree with such banks, &c., as to interest, which shall once in six months be credited to the account of such county treas- urer for the use of the county. The treasurer shall deposit, at least once 526 COUNTIES. in each week, and in any county con- taining a city having over 10,000 in- habitants, daily, all moneys received by him. In no county having a city of over 20,000 inhabitants shall any bank, &c., be selected as deposi- tory which has not at least $100,000 of unimpaired capital stock. Each bank, &c. , so designated, for the benefit and security of the county and before receiving any deposit, has to give to the county supervisors a good and sufficient bond, with two or more sureties approved by the county judge of the county in which the bank, &c., is located, and the chair- man of the board of supervisors of the county of which the treasurer is an officer, and by such treasurer. This bond is filed by the clerk of the board of supervisors in the office of the clerk of such county. The default of any depository in relation to such moneys is deemed the default of the treasurer, and he and his sure- ties are liable therefor. The board of supervisors fixes the treasurer's salary, and may authorise him to employ such clerks and assistants as it may deem necessary, and at the compensation it fixes. The treasurer makes quarterly, and at such other times as the board of supervisors by resolution requires, a true statement in writing of moneys received, de- posited, and paid out, the correct- ness of which is verified by him, and files it with the county clerk ; and this statement is published, as soon thereafter as may be, in the newspapers designated by the board for the publication of the session laws in the county ; and a copy of this statement is transmitted by mail to the comptroller and treasurer of the state. Any county treasurer wilfully misappropriating moneys, &c., or guilty of any other malfeas- ance or wilful neglect of duty in his office, is, upon conviction, punished by fine of from $500 to $10,000, or imprisonment in a state prison of from one to five years, or by both, in the discretion of the court. The governor may remove any county treasurer for cause, and the vacancy is supplied temporarily by the board of supervisors. Certain counties are exempt from the provisions of this Act. (Laws of 1877, chap. 436.) CLERKS OF COUNTIES. The clerk of each county has the custody of all the books, records, deeds, parchments, maps, and papers deposited or kept in his office, and it is his duty from time to time care- fully to attend to the arrangement and preservation thereof. At the ex- pense of the county, he provides proper books for the recording of deeds, mortgages, or other convey- ances acknowledged or proved ac- cording to law, and for the recording of all other papers, documents, or matters required by law to be re- corded in his office. He also receives and files all papers and documents directed to be filed therein. With the exception of certain counties, for which there are special provisions, the clerk's offices in the other coun- ties shall be kept within one mile of a court - house in such county. Every county clerk appoints some proper person deputy clerk of his county, to hold during the pleasure of the clerk ; and as often as such deputy clerk dies, resigns, or is re- moved from office, or removes out of the county, or becomes incapable of executing the duties of the office, an- other is appointed in his place. Every siich appointment is in writing, under the hand and seal of the clerk, and is recorded in the office of the clerk of the county. Every deputy clerk, before entering on the duties of his office, takes the oath of office pre- scribed in the state constitution. Whenever the county clerk is absent COUNTIES. 527 from his office, his deputy may per- form all the duties appertaining to his office, except that of deciding upon the sufficiency of sureties for any officer ; and whenever the said office becomes vacant, the deputy performs all the duties, and is en- titled to all the emoluments, and is subject to all the penalties appertain- ing to the county clerk's office until a new clerk is elected or appointed and duly sworn. Whenever any commission or supersedeas is received at the clerk's office of any county, it is the duty of the clerk forthwith, at the expense of the state, to give notice thereof to every person named in such commission or supersedeas. Whenever any person appointed to any office in any county, who is re- quired by law to execute a bond previous to entering on the duties of his office, or to renew such bond, neglects to execute or renew such bond in the manner and within the time required by law, it is the duty of the clerk of such county to give notice to the governor of such neglect. On or before the 1 5th day of January in each year, each county clerk shall give information to the governor of all persons appointed to offices in his county who, during the previous year, have taken the oath of office or given the bond required by law, and of all persons required to take such oath or give such bond, who have neglected so to do ; and also of all vacancies in any civil office. The compensation of the several county clerks for services and ex- penses in performing the three last specified provisions, and their fees for registering or recording any mort- gage to the people of the state, are audited by the comptroller and paid out of the treasury. The clerk of each county shall, on or before the 1st day of January in each year, re- port to the comptroller the names of all the religious societies incorporated in his county during the preceding year. Copies of all papers duly filed in the county clerk's office, and tran- scripts from the books of records kept therein, certified by such clerk, with the seal of his office affixed, are evi- dence in all courts in like manner as if the originals were produced. In all cases in which a county clerk is authorised to judge of the compe- tency of the sureties offered by a per- son appointed to office, if there be a vacancy in such clerk's office, or he is absent from the county, or is in- capable of performing the duties of his office, it is lawful for any two judges of the county courts, of whom the first judge shall be one (unless there is a vacancy in his office, or he is absent or incapable as aforesaid), to decide upon the competency of such sureties, and for that purpose to administer any oath and make any examination that may be required. It is the duty of county clerks to make a report to the district attor- ney of their respective counties of all omissions, by any town officers, to make and transmit any returns or certificates which by law they are required to make to such clerk, and the district attorney forthwith pro- ceeds to enforce the penalty by law imposed upon such delinquent officers. The register of the city and county of New York, and every county clerk, keeps in his office a book in which he enters all fees charged or received by him for official services, the time of rendering the same, the persons, if known to him, for whom the same were rendered, and a brief statement of the nature of the services for which any fee is charged or received. These books are open for inspection, with- out fee or reward, at all times when the office in which they are kept is open for the transaction of business. Said register and every county clerk, between the 1st and 10th days of January in each year, make and 528 COUNTIES. transmit, free of expense, to the secre- tary of state, a statement for the year ending as at 31st December, exhibit- ing 1. The amount of all fees charged or received by the person making the same, for recording deeds, mort- gages, and other papers, and for certificates of such recording. 2. All fees charged or received by him for searching the files and records of his office, and for certificates of such searches. 3. All sums charged or received by him for services rendered for the county. 4. All sums charged or received by him for all other official services. 5. The sums paid by him for assist- ance, the names of the persons to whom the same were paid, and also the sums paid for fuel, lights, and stationery, and other expenses inci- dent to his office, with the particular items thereof. To every such statement the affi- davit of the person making the same, that the facts therein set forth are true, is annexed or subjoined ; and this affidavit must be sworn to before some officer authorised to take affi- davits to be read in the supreme court. No county clerk shall make any charge against the county for fuel or lights for his office, or for sta- tionery, except record-books and sta- tionery furnished by him for courts held in the county, and no charge is made by any county clerk or register for filing and docketing the tran- script of a judgment entered in any other office in the state. Every register of deeds has and keeps an official seal for his office, and all cer- tificates required by law to be made by him are under his hand and official seal ; and in all the counties of the state having two shire towns, the board of supervisors in said county procures a duplicate of the seal of such county, which is kept at the shire town where the county clerk's office is not situated, at some safe place designated by said county clerk, and may be used by him the same as if at his office. Except where other- wise provided by law, it is the duty of each county clerk, upon assuming the duties of his office, to execute a bond with at least two sureties to the board of supervisors of the county in which he is clerk, in such sum, with such sureties, and in such form as said board prescribes and approves, conditioned that he will faithfully execute and discharge the duties of county clerk, and will truly account for all moneys deposited with him pursuant to the order of any court, or by his predecessor in office, and pay them over as directed by law or by order of court. SHERIFFS AND CORONERS. Every sheriff, within twenty days after he receives notice of his elec- tion, and before he enters upon the execution of the duties of his office, executes with sureties, who shall be freeholders, a joint and several bond to the people of the state, the condi- tion of the bond being in the form prescribed, and to the effect that he " shall well and faithfully in all things perform and execute the office of sheriff, . . . without fraud, deceit, or oppression," &c. The bond exe- cuted by the sheriff of the city and county of New York is in the penal sum of $20,000 with two sureties, and the bond by every other sheriff in $10,000 with two or more sureties. These bonds are filed in the clerk's office of the county for which the sheriff executing it has been elected, and the clerk, at the time of filing the same, administers an oath to each of the sureties named therein that he is a freeholder within the state, and worth, &c. This oath is indorsed on the bond, and subscribed by each COUNTIES. 529 of the sureties in the presence of the clerk, who, notwithstanding, judges of and determines the competency of such sureties. It is the duty of every sheriff, within twenty days after the first Monday of January in each sub- sequent year, to renew the security so required to be given by him. As soon as may be after taking upon himself the execution of his office, he appoints some proper person under- sheriff of the same county, to hold during his pleasure ; and as often as a vacancy occurs in the office of such under-sheriff, or he becomes incapable of executing the same, an- other is in like manner appointed in his place. Whenever a vacancy oc- curs in the office of sheriff, the under- sheriff executes in all things the office of sheriff until a sheriff is elected or appointed and duly qualified ; and any default or misfeasance in office of such under-sheriff in the meantime, as well as before, is deemed to be a breach of the condition of the bond given by the sheriff who appointed him, and also a breach of the condition of the bond executed by such under-sheriff to the sheriff by whom he was ap- pointed. Every sheriff may appoint such and so many deputies as he may think proper ; and persons may also be deputed by any sheriff or tinder- sheriff by an instrument in writing to do particular acts. Ap- pointments of an under-sheriff or of a deputy-sheriff are by writing under the hand and seal of the sheriff, and are filed and recorded in the office of the clerk of the county ; and every under or deputy sheriff, before enter- ing on the duties of his office, takes the oath of office prescribed in the constitution but this does not apply to persons deputed to do a particular act only. The sheriff of the city and county of New York has the custody of the jail in that city for the confine- ment of persons committed on civil process only, and of the prisoners in the same ; and the sheriff of every other city and county has the custody of the jails and of the prisons thereof, and the prisoners in the same. The sheriffs respectively may appoint keep- ers of such jails and prisons, for whose acts they are severally responsible. Whenever a sheriff is required by any statutory provision to perform any service in behalf of the people of the state, and for their benefit, which is not made chargeable by law to his county, or to some officer or other person, his account for such service is audited by the comptroller and paid out of the treasury. Whenever the sheriff of any county is com- mitted to the custody of any other sheriff, or to the custody of any coroner or coroners, by virtue of any execution or attachment founded on the non-payment of moneys received by him by virtue of his office, and remains so committed for the space of thirty days successively, such facts shall be represented to the governor by the officer in whose custody such sheriff may be, to the end that such sheriff may be removed from office. Whenever a vacancy occurs in the office of sheriff of any county, and there is no under-sheriff, or the office of such under-sheriff becomes vacant, or he becomes incapable of executing the same before another sheriff of the same county is elected or appointed, and there are more than one coroner of such county then in office, it is the duty of the first judge of the county forthwith to designate one of these coroners to execute the office of sheriff of the same county until a sheriff thereof is elected or appointed and qualified. Such designation is by in- strument in writing, and is signed by the judge and filed in the office of the clerk of the county, who imme- diately gives notice thereof to the coroner. The coroner so designated, within six days thereafter, executes, with sureties, a joint and several 530 COUNTIES. bond to the people of the state sim- ilar to the bond required by law from the sheriff; and should he not give such security, it is the duty of the first judge to designate, in like man- ner, another coroner of the county to assume the office of sheriff. In case it is necessary to do so, the first judge proceeds to make successive designations until all the coroners have been designated in similar man- ner. Whenever any vacancy occurs in the office both of sheriff and under- sheriff of any county, if there be but one coroner then in office he is en- titled to execute the office of sheriff until a sheriff is duly elected or ap- pointed and qualified ; but before he enters on the duties of such office, and within ten days after the hap- pening of the vacancy in the office of the under - sheriff, he shall execute with sureties a joint and several bond to the people similar to that required from the sheriff. But if he neglects or refuses to execute this bond within the time specified, or if all the coro- ners, where there are more than one in office on the happening of such vacancies, successively neglect or re- fuse to execute such bond within the time required, it is the duty of the first judge of the county to appoint some suitable person to execute the office of sheriff until a sheriff is duly elected or appointed and qualified. Such appointment is in writing, under the hand and seal of the first judge, and is filed in the office of the county clerk, who forthwith gives notice thereof to the person so appointed. This appointee, within six days after receiving such notice, and before en- tering on the duties of the office, gives such security as may be required by law of the sheriff, and thereupon executes the office of sheriff until a sheriff is duly elected or appointed and qualified. Until the vacancy is filled as described, the coroner or coroners of the county in which such vacancies exist execute the office of sheriff. Whenever any under-sheriff, coroner, coroners, or other person execute the office of sheriff, pur- suant to the above provisions, the person so executing such office is subject to all the duties, liabilities, and penalties imposed by law upon a sheriff duly elected and qualified. SURROGATES. Every person appointed or elect- ed to the office of surrogate of any county, within twenty days after re- ceiving notice thereof, executes to the people of the state, with two or more sufficient sureties, being resident freeholders, a joint and several bond, conditioned for the faithful perform- ance of his duties, and for the ap- plication and payment of all moneys and effects that may come into his hands as such surrogate in the execu- tion of his office. The bond of the surrogate of the city and county of New York is in the penal sum of $50,000, and of the county of Kings in the penal sum of $25,000; and the bond of every other surrogate is in the penal sum of $10,000. Every surrogate's bond is properly acknow- ledged by all the persons who execute the same, and the sureties therein justify in the aggregate in double the penalty of the bond. Every such bond is recorded by the clerk of the county in whose office the same is, filed in the record of deeds in his office ; and such record, or a certified copy thereof, is evidence of the same force and effect as the original bond in any action or proceeding against such surrogate or his sureties. The clerk of the county for which such surrogate has been appointed is the judge of the sufficiency of the sure- ties ; and in case he is satisfied, by the oath of the sureties or otherwise, that they are good and sufficient, he indorses on the bond a certificate of COUNTIES. 531 his approval, and files such bond in his office, there to remain a matter of record. DISTRICT ATTORNEYS. It is the duty of every district attorney to attend the courts of oyer and terminer and jail deliver}', and general sessions held from time to time in the county for which he has been appointed ; and to conduct all prosecutions for crimes and offences cognisable in such courts. When he fails to attend any of these courts, it is the duty of such court to appoint some proper person, being an attor- ney or counsellor-at-law, to transact the business of the district attorney diiring the sitting of the court ; and the person so appointed is entitled to the same compensation for the ser- vices he performs that the district attorney would have been entitled to for the like services, and his account is audited and paid in the same man- ner. It is the duty of the several district attorneys to prosecute for all penalties and forfeitures exceeding f 50, which may be incurred in their respective counties, and for which no other officer is by law specially directed to prosecute ; and whenever he receives any moneys for fines, re- cognisances, forfeitures, or penalties, to deliver to the officer or person paying the same duplicate receipts, one of which is filed by such officer or person in the office of the county treasurer. Every district attorney, on or before the first Tuesday of October in each year, files in the office of the county treasurer an account in writing, verified by hi oath, of all moneys received by him by virtue of his office during the pre-. ceding year, and at the same time pays over such moneys to the county treasurer. Whenever a district at- torney refuses or neglects to account for and pay over the moneys so re- ceived by him, it is the duty of the county treasurer to cause a suit to be instituted for the recovery of such moneys for the benefit of the county against such district attorney. The district attorney of the city and county of New York receives for his services an annual salary of $12,000, and the district attorneys of all the other counties in the state are paid for their services in conducting crim- inal prosecutions by their respective counties upon their accounts, duly taxed by some officer authorised to tax bills of costs in the supreme court, according to the rates allowed by law. But the board of super- visors of the several counties, New York excepted, may, at any annual meeting duly convened, lawfully de- termine that the office of district attorney of such county shall be a salaried office, and fix the amount of compensation ; and the salary when so fixed shall not be diminished dur- ing the term for which the district attorney has been elected. This salary is a county charge, and is paid by the county treasurer yearly or quarter -yearly, as the board of supervisors may determine, in lieu of the fees provided by law. No dis- trict attorney shall act as a justice of the peace. Every salaried district at- torney has, within thirty days after the receipt by him of any money for judgments, fees, or costs in suits, brought upon recognisances or other- wise received or collected by him by virtue of his office, to pay over the same, except .his taxable disburse- ments therein, to ..the treasurer of said county for the use 'of the county. It is lawful for the supervisors of any county, having at least a popu- lation exceeding 70,000, to authorise the district attorney of such county to appoint a suitable person to be his assistant. Every such appointee must. beL a, -Counsellor-at-law, and a citizen and resident of the county 532 COUNTIES. in which he is appointed ; and his appointment shall be in writing, under the hand and seal of the district attorney, and be filed in the clerk's office of the county. Before entering on the duties of his office, the appointee takes and subscribes the constitutional oath of office. Every such appointment may be revoked by the district attorney making the same, which revocation shall be in writing, and be filed in the said county clerk's office. Such assistant lawfully attends all the criminal courts which may be held in his county, and assists in conduct- ing all prosecutions for crimes and offences cognisable therein ; he also attends and appears before any grand jury in his said county, and performs the same duties before such jury as are by law imposed upon or required by the district attorney. The board of supervisors fixes the rate of com- pensation to be paid him. The district attorney of any county in which an important criminal action is to be tried, with the approval, in writing, of the county judge of the county, which is filed in the county clerk's office, may employ counsel to assist him in such trial ; and the cost and expense thereof, and also the cost and expense of any counsel assigned, designated, or appointed by the governor or attorney-general, at the request of the district attorney, to assist him on the trial of any such action, are certified by the judge presiding on such trial, and are a charge upon the county in which the indictment in the action is found, and shall be assessed, levied, and collected by the board of super- visors at the next annual assessment, levy, and collection of county taxes, after such services have been per- formed, and thereupon be paid over to the party entitled to the same. The state is in no case liable for any such services. LEGAL PROCEEDINGS IN FAVOUR OF AND AGAINST COUNTIES. Whenever any controversy or cause of action exists between any of the counties of the state or between any such county and an individual or in- dividuals, such proceedings are had and are conducted in like manner, and the judgment or decree therein has the like effect, as in other suits or proceedings of a similar kind between individuals and corporations. The county sues, or is sued, in the name of the board of supervisors thereof, except where county officers are au- thorised by law to sue in their name of office, for the benefit of the county. In all legal proceedings against the board of supervisors the first process, and all other proceedings requiring to be served, are served on the chairman or clerk of the board of supervisors ; and whenever any such suit or pro- ceeding is commenced, it is the duty of such chairman or clerk to lay before the board of supervisors at their next meeting a full statement of such suit or proceeding for their direction in regard to the defence thereof. On the trial of every ac- tion in which a county is inter- ested, the electors and inhabitants thereof are competent witnesses and jurors. Any action in favour of a county, which, if brought by an indi- vidual, could be prosecuted before a justice of the peace, may be prose- cuted by such county in like manner befoi-e any such justice. In all suits and proceedings prosecuted by or against counties or by or against county officers in their name of office, costs are recoverable as in the like cases between individuals. Judgments recovered against coun- ties or against county officers, in actions prosecuted by or against them in their name of office, are county charges, and, when levied and collected, are paid to the per- COUNTIES. 533 son to whom the same have been ad- judged. MISCELLANEOUS AND SPECIAL PROVISIONS. All town and county officers and all other persons who present to the board of supervisors accounts for their services to be audited and allowed, exhibit, before any such account or claim is passed upon or allowed, a just and true statement in writing of the nature of the service performed ; and where a specific com- pensation is not provided by law, a just and true statement of the time actually and necessarily devoted to the performance of such services. The following are deemed county charges : 1. The compensation of the mem- bers of the board of supervisors, of their clerk, and of the county trea- surer. 2. The fees of the district attorney, and all expenses necessarily incurred by him in criminal cases arising with- in the county. 3. The accounts of the criers of the several courts within the county, for their attendance in criminal cases. 4. The compensation of sheriffs for the commitment and discharge of prisoners on criminal process within their respective counties. 5. The compensation allowed by law to constables for attending courts of record, and reasonable compensation to constables and other officers for executing process on persons charged with criminal offences ; for services and expenses in conveying crimin- als to jail ; for the service of sub- poenas issued by any district attor- ney ; and for other services in re- lation to criminal proceedings for which no specific compensation is prescribed by law. 6. The expenses necessarily in- curred in the support of persons charged with or convicted of crimes, and committed therefor to the several jails of the county. 7. The sums required by law to be paid to prosecutors and witnesses in criminal cases. 8. The accounts of the coroners of the county for such services as are not chargeable to the persons em- ploying them. 9. The moneys necessarily ex- pended by any county officer in executing the duties of his office in cases in which no specific compensa- tion for such services is provided by law. 10. The accounts of the county clerks for services and expenses in- curred in connection with elections other than for militia and town officers. 11. All charges and accounts for services rendered by any justice of the peace under the laws for the relief and settlement of the poor of such county, and for their services in the examination of felons, not otherwise provided by law. 12. The sums necessarily expended in each county in the support of county poorhouses, and of indigent persons whose support is chargeable to the county. 13. The sums required to pay the bounties allowed by law for the destruction of wolves and other noxious animals and chargeable to the county. 14. The sums necessarily expended in repairing the court-houses and jails of the respective counties. 15. The contingent expenses neces- sarily incurred for the use and benefit of a county ; and 16. Every other sum directed by law to be raised for any county pur- pose, under the direction of a board of supervisors. Accounts for county charges of every description are presented to the board of supervisors of the 534 COUNTIES. county to be audited by them ; and the moneys necessary to defray these charges of each county are levied on the taxable property in the several towns in such county in the manner prescribed by law. And in order to enable their respective county trea- surers to pay such contingent ex- penses as may become payable from time to time, the boards of super- visors of the several counties annually cause such sum to be raised in ad- vance in their respective counties as they deem necessary for that purpose. Whenever any person who has contributed to the marine hospital fund, and is not a citizen of the county of Richmond, is charged with having committed any crime or mis- demeanour within the jurisdiction of that county, and on the premises called the quarantine ground, or within the limits of buoys desig- nating the place of anchorage for vessels at quarantine, all the ex- penses and charges actually incurred and paid by the county of Richmond in the apprehension, trial, and main- tenance of such persons are repaid to the treasurer of that county by the health commissioner out of the moneys which may from time to time be in his hands for the use of the marine hospital. Such payment is made on the order in writing of the board of supervisors of the county of Rich- mond, accompanied by a specifica- tion of such expenses and charges. The county of acts in conjunction with the county of as a part thereof until the said county of is organised as a separate county, in conformity to the Act entitled " An Act to divide the county of into two counties, and for other purposes," passed 188 . Each officer in the several counties who receives, or is authorised by law to receive, any money on account of any fine or penalty or other matter in which his coiinty, or any town or city therein, has an interest, makes a report in writing every year, bearing date the first day of November, in which he states particularly the time when, and the name of the person or persons from whom, such money has been received, and also all sums re- maining due and unpaid, which re- port includes all receipts of money before-mentioned that he has received during the year next preceding the date of his report, or states that he has received no such moneys. This report is made to the board of super- visors of his county, duly verified by oath, and filed with the clerk of the board on or before the 5th day of November in each year ; and no officer is entitled to receive payment for services, salary or otherwise, from the supervisors, or from a city or county treasurer, unless he files with the supervisors his affidavit that he has made such report, and has paid over all moneys which he is bound to pay over. Each officer who has received such moneys shall, within ninety days after the receipt thereof, pay the whole amount so received, without deduction, to the treasurer of the county, who gives to such person duplicate receipts therefor, one of which shall be attached to the annual report to the board of super- visors ; but this does not apply to moneys received and specially appro- priated for any town or city purpose. District attorneys are required to sue for and recover in behalf of and in the name of their respective counties, moneys received on account of such county, or any city or town therein, and not paid to the county treasurer as stated. All moneys belonging to any town or city in such county which are received by the county treasurer, are distributed to the several towns or cities entitled to the same by resolutions passed by a majority of the board of supervisors TAXATION. 535 at any legal meeting thereof, which resolutions are entered at length in the minutes of the proceedings of said court. TAXATION. The following property is exempt from taxation in the State of New York : 1. All property, real or personal, exempted from taxation by the con- stitution of the state or under the Constitution of the United States. 2. All lands belonging to the state or the United States. 3. Every building erected for the use of a college, incorporated aca- demy, or other seminary of learning ; every building for public worship ; every schoolhouse, court-house, and jail ; and the several lots whereon such buildings are situated, and the furniture belonging to each of them. This exemption does not apply in the city of New York unless the build- ings are used exclusively for said purposes. 4. Every poorhouse, almshouse, house of industry, and every house belonging to a company incorporated for the reformation of offenders or to improve the moral condition of sea- men, and the real and personal pro- perty used for such purposes belong- ing to or connected with the same. 5. The real and personal property of every public library. 6. All stocks owned by the state or by literary or charitable institu- tions. This exemption is for the benefit of the state or the literary or charitable institutions owning such stocks, and not for the benefit of the corporations. 7. The personal estate of every in- corporated company not made liable to taxation on its capital. 8. The personal property of every minister of the Gospel, or priest of any denomination, and the real estate of such minister or priest when occu- pied by him, provided such real and personal estate do not exceed the value of $1500. 9. All property exempted by law from execution. And also, by special enactments 10. The Mint, or branch Mint, of the United States in the city of New York ; lands, buildings, machinery, bullion, metal, coin therein. 11. The Assay Office of the United States in the city of New York ; land, buildings, machinery, metal, bullion, coin, bars, ingots therein. 12. All lands held by any agricul- tural society, and permanently used for show- grounds, during the time so used. 13. Deposits in savings banks due to depositors, and accumulations in any life insurance company organised under the laws of the state, so far as held for the exclusive benefit of the assured. 14. The portion of property, real and personal, of the Society of the New York Hospital, a charitable corporation located in the city and county of New York, from which no income is derived. 15. 4^ per cent bonds and stocks issued by the commissioners of ' ' the sinking fund of the city of New York for the redemption of the city debt," are exempt from taxation by the city and county of New York, but not from state taxation. 16. All vessels registered at any port in the state, and owned by American citizens, &c. , engaged in ocean commerce with any foreign port, are exempt from all taxation in the state for state and local purposes ; and all such corporations, all of whose vessels are employed between foreign 536 TAXATION. ports and ports in the United States, are exempt from all taxation in the state for state and local purposes upon their capital stock, franchises, and earnings for the period of fifteen years (laws of 1881, chap. 433). Every person is assessed in the town or ward where he resides when the assessment is made for all lands then owned by him within such town or ward, and occupied by him or wholly unoccupied. Lands occupied by a person other than the owner may be assessed to the occupant as lands of non - residents, or, if the owner resides in the county in which such lands are located, to such owner. Unoccupied lands not owned by a person residing in the ward or town where the same are situated are de- nominated "lands of non-residents," and are assessed as specially provided. When the line between two towns or wards divides a farm or lot, the same is taxed, if occupied, in the town or ward where the occupant resides ; if unoccupied, each part is assessed in the town in which it lies ; and this whether such division-line be a town line only, or be also a county line. Every person is assessed in the town or ward where he resides when the assessment is made, for all personal estate owned by him, including all personal estate in his possession or under his control as agent, trustee, guardian, executor, or administrator, and in no case is property so held under either of these trusts assessed against any other person ; and in case any person possessed of such personal estate resides during any year in which taxes may be levied in two or more counties, towns, or wards, his residence, for the purposes and with- in the meaning of this enactment, is deemed and held to be in the county, town, or ward in which his principal business has been transacted ; but the products of any state of the United States consigned to agents in any town or ward of the state for sale on commission for the benefit of the owner thereof are not assessed to such agents, nor are such agents of moneyed capitalists liable to taxa- tion under this enactment for any moneys in their possession or under their control transmitted to them for the purposes of investment or other- wise. The real estate of all incor- porated companies liable to taxation is assessed in the town or ward in which the same lies, in the same manner as the real estate of individ- uals. All the personal estate of every incorporated company liable to taxa- tion on its capital is assessed in the town or ward where the principal office or place for transacting the financial concerns of the company is ; or if such company has no principal office or place for transacting its fin- ancial concerns, then in the town or ward where the operations of such company are carried on. In the case of toll-bridges, the company owning such bridge is assessed in the town or ward in which the tolls are col- lected ; and where the tolls of any bridge, turnpike, or canal company are collected in several towns or wards, the company is assessed in the town or ward in which the trea- surer or other officer authorised to pay the last preceding dividend re- sides. The assessors chosen in each town or ward between the first days of May and July in each year, obtain the necessary information and pre- pare an assessment - roll, in which they set down in four separate col- umns, and according to the best in- formation in their power, (1) the names of all the taxable inhabitants in the town or ward, as the case may be ; (2) the quantity of land to be taxed to each person ; (3) the full value of such land, according to the definition of the term land as given in the Act ; (4) the full value of all TAXATION. 537 the taxable personal property owned by such person, after deducting the just debts owing by him. All real and personal estate liable to taxation is estimated and assessed by the as- sessors at its full and true value, as they would appraise the same in pay- ment of a just debt from a solvent debtor. The roll is completed on or before 1st August, and forthwith notices are put up at three or more public places in their town or ward, setting forth that the assessment-roll has been completed, and a copy is left with one of the assessors, where it may be seen and examined during twenty days by any person inter- ested until the third Tuesday of August ; and that on that day the assessors will meet at a time and place also specified in the notice to review their assessments. All com- plaints in relation to the assessments are then heard and examined, and, if necessary, there may be adjournments in terms of law. In the several cities the said notices may conform to the requirements of the respective laws regulating the time, place, and man- ner for revising the assessments in said cities, in all cases where a dif- ferent time, place, and manner is prescribed by said laws from that mentioned in this Act. The com- pleted assessment -roll is subscribed by the assessors, or a majority of them, and sworn to by them in cer- tain prescribed terms before one of the justices of the town or city in which they reside ; and the certified roll is, on or before the 1st day of September, delivered by the assessors of each ward in the city of New York to the clerk of the city, and by the assessors of every other town or ward to the supervisor thereof, who delivers the same to the board \ of supervisors at their next meeting. j The board of supervisors of each county, at their annual meeting, ex- : amine the assessment - rolls of the ! several towns in their county, for the purpose of ascertaining whether the valuations in one town or ward bear a just relation to the valuation in all the towns and wards in the county ; and they may increase or diminish the aggregate valuations of real estates in any town or ward, by adding or deducting such sum upon the hundred as may in their opinion be necessary to produce a just rela- tion between all the valuations of real estates in the county ; but they shall in no instance reduce the aggre- gate valuations of all the towns and wards below the aggregate valuation thereof as made by the assessors. They also estimate and set down in a fifth column, opposite to the several sums set down as the valuations of real and personal estates, the respec- tive sums in dollars and cents, reject- ing fractions of a cent, to be paid as a tax thereon. They also add up and set down the aggregate valua- tions of the real and personal estates in the several towns and wards, as corrected by them ; and cause their clerk, on or before the second Mon- day in December, to transmit to the comptroller by mail a certificate in the form prescribed by the comp- troller of such aggregate valuation, showing separately the aggregate amount of real and personal estate in each town or ward, as corrected by the board. The corrected assess- ment-roll of each town or ward, or a copy thereof, is delivered to each of the supervisors of the several towns or wards, who delivers the same to the clerk of their city or town, to be kept by him for the use of such city or ward. The several boards of supervisors cause the cor- rected assessment-roll of each town or ward in their respective counties, or a fair copy thereof, to be delivered to the collector of such town or ward, on or before the 15th day of Decem- ber. Each such assessment -roll has 538 TAXATION. annexed to it a warrant under the hands and seals of the board of super- visors, or of a majority of them, com- manding each collector to collect from the several persons named in the roll the several sums mentioned in the last column opposite to their respective names. If the warrant is directed to the collector of a town, it directs him, out of the moneys so to be collected, after deducting the com- pensation to which he may be legally entitled, to pay 1. To the commissioners of com- mon schools of his town, such sum as has been raised for the support of common schools therein. 2. To the commissioners of high- ways, such sum as has been raised for the support of highways and bridges therein. 3. To the overseers of the poor of the town, if there be no county poor- house or other place provided in the county for the reception of the poor, such sum as has been raised for the support of the poor in such town. 4. To the supervisor of the town, all other moneys which have been raised therein to defray any other town expenses ; and 5. To the treasurer of the county, the residue of the moneys so collected. If the warrant be directed to the collector of a ward, it directs him to pay all the moneys collected, after deducting his commission, to the treasurer of the county. In all cases the warrant authorises the collector, in case any person named in the assessment-roll refuses or neglects to pay the tax, to levy the same by dis- tress and sale of the goods and chat- tels of such person ; and it requires all payments therein specified to be made by such collector on or before the first day of February then next ensuing. As soon as the board of supervisors has sent or delivered the rolls, with such warrants annexed, to the collectors, they transmit to the treasurer of the county an account thereof, stating the names of the several collectors, the amounts of money they are respectively to col- lect, the purposes for which the same are to be collected, and the persons to whom and the time when the same are to be paid ; and the county treasurer, on receiving such account, charges to each collector the sums to be collected by him. Whenever the laws respecting cities have directed the moneys assessed for any local purpose to be paid to any person or officer other than those named above, the collector's warrant may be varied accordingly, so as to conform to such alteration. The commissioners of the land office and three state assessors con- stitute a board of equalisation, whose duty it is to equalise the state tax among the several counties of the state, and to fix the amount of assess- ment of real and personal estate on which the state tax shall be levied in each county. These state assessors are nominated by the governor and appointed by and with the advice and consent of the senate, and hold office for three years and until their successors are duly qualified ; but it was so arranged by lot that the term of office of one expires in each year. They have power to swear witnesses and examine all persons and papers which they deem necessary to the proper discharge of their duties, and the state, town, county, and city officers furnish them with all infor- mation belonging to or connected with their respective offices, and copies of all papers in their various offices which the assessors may re- quire of them in the proper discharge of their duties. Any two of the assessors have authority to transact all business appertaining to their office, but all three must be duly notified of each and every meeting for the transaction of business. Va- TAXATION. 539 cancies occurring while the Senate is not in session may be filled by the governor, and any person so appoint- ed holds the office for the balance of the term, provided his appointment is confirmed by the senate on the nomination of the governor at the next session thereof. The state as- sessors visit officially every county in the state, at least once in two years, and prepare a written digest of such facts as they deem most important for aiding the board of equalisation in the discharge of its duties. They commence a course of examination and visitation of the counties in the month of May. The board of equalisation meets in the city of Albany on the first Tues- day in September in each year, for the purpose of examining and revising the valuations of the real and personal estate of the several counties as re- turned to the office of the comptroller, and fixing the aggregate amount of assessment for each county, on which the comptroller computes the state tax. This board may increase or diminish the aggregate valuations of real estate in any county by adding or deducting such sum as, in their opinion, may be just and necessary to produce a just relation between all the valuations of real estate in the state ; but they shall in no instance reduce the aggregate valuations of all the counties below the aggregate valuations thereof as returned by the boards of supervisors to the comp- troller's office. A statement of the amount of assessment for each county, as fixed by the board of equalisation, is certified by this board and deposited in the office of the comptroller as soon as completed, and before the tenth day of October in each year. The comptroller immediately ascer- tains from this assessment the pro- portion of state tax each county shall pay, and sends a statement of the amount by mail to the county clerk and the chairman and clerk of the board of supervisors of each county. If the name or residence of the chair- man or clerk of the board of super- visors is unknown to the comptrol- ler, he may enclose the statement in an envelope addressed to him by his name of office, and directed to the county town of the county. The county clerk files the statement re- ceived by him in his office, and im- mediately sends a copy thereof to the chairman of the board of supervisors of the county. The amount of state tax which each county is to pay is assessed by the supervisors or other officers authorised to make the assess- ment of state taxes in the tax-roll for the calendar year, and is included in and collected by the annual collection of taxes in the several counties, in the manner prescribed by law. If the board of supervisors or other officers neglect or refuse to include and assess such tax, or any part thereof, in the assessment-roll, then the comptroller of the state may immediately proceed by mandamus before any court having jurisdiction to compel this board or other officers to do so, or to make a new assessment for the same, which shall be collected as provided for the collection of other taxes. The state assessors take the usual oath of office, receive an annual salary of 02500 each, and not to exceed 0500 each for other expenses while engaged in the discharge of their official duties, and the books and papers are de- posited with the comptroller. Any supervisor may appeal in be- half of the town, city, or ward which he wholly or in part represents to the state assessors from any act or de- cision of the board of supervisors in the equalisation of assessments, and the correction of the assessment rolls. A notice of appeal is served on the state assessors, by filing the same in the office of the secretary of state within ten days after the final com- 540 TAXATION. pletion of the corrected assessment- rolls by the board of supervisors ; and such notice is also served on the chairman of said board of supervisors within the same time. The state as- sessors hear the appeal in the county in which it originated, and determine whether any, and, if any, what de- duction ought to have been made from the corrected valuations of such town, city, or ward ; and in the as- sessment and collection of taxes of the next following year, such town or city is credited with the amount of taxes levied from it on such ex- cess of valuation, and the same is levied and collected from the other towns and cities of the county. The state assessors certify their determin- ation in writing to the board of super- visors, and forward the same by mail within ten days thereafter to the clerk of said board of supervisors, directed to him at his post-office ad- dress. Such appeals must be made and tiled before the commencement of the next succeeding annual session of the board of supervisors. The costs and expenses are a charge upon the town, city, or ward appealing, when the appeal is not sustained, and, aiidited by the board of super- visors, are levied upon the taxable property. When the appeal is sus- tained, the state assessors certify the reasonable costs and expenses on the part of the appellant and respondent, and such amounts so certified are audited by the board of supervisors, and levied and collected from all the towns and cities of the county in the assessment and collection of taxes for the current year, excepting those towns and cities in which appeal was sustained. Whenever more than one town or city in a county have ap- pealed, some of which are sustained and some dismissed, it is the duty of the state assessors to decide what portion of the costs and expenses shall be borne by the town or towns, city or cities, in which such appeals were dismissed. Other provisions exist for the cor- rection of the assessment of any town, city, or ward, where property legally liable to taxation has been omitted in the assessment - roll of (1) the next preceding year and (2) the current year, and (3) where by mistake it has been placed on the assessment- roll annexed to the warrant delivered to the collector, at a valuation less than that actually appearing upon the original assessment-roll signed by the assessors. Any person owning a farm divided by the county line between two or more counties, and assessed in whole or in part in or for the same year or years in towns in said counties, may commence an equitable action in the supreme court against said counties, to determine in which of the counties the land was properly taxable for said year or years, to recover from the county or counties wherein said taxes have been wrongfully collected the amount thereof with interest, from the time of payment thereof, and for such other relief as to the court shall seem equitable and just. No claim shall be made upon the state by the county, or any town or city therein, for the repayment of any part of refunded taxes. Where the premises of one person have been wrongfully assessed and taxed in and with the premises of another, the county court, upon ap- plication of the person aggrieved, as- certains the boundaries, the premises, and the rate of taxation, &c. ; and the collector or receiver of taxes of the town in which the premises are situated, upon receiving a certified copy of the order, forthwith changes the tax and assessment books of said tax to conform to the apportionment made by said order. A writ of certiorari may be allowed by the supreme court on the petition, PUBLIC HEALTH. 541 duly verified, of one or more united persons or corporations assessed, and claiming that they are, or will be, injured by the alleged illegal, errone- ous, or unequal assessment. This writ is only allowed by a justice of the supreme court in the judicial district, or at a special term of the court in the judicial district in which the assessment complained of was made, and is made returnable at a special term in said district. A new assessment or correction of an assess- ment, made by -order of the court, has the same force and effect as if it had been so made by the proper assessing officers within the time originally prescribed by law for mak- ing such assessment. Disobedience to a writ or order in any proceeding under the laws of 1880, chap. 269, may be punished by the court as for a contempt. All issues and appeals under this Act have preference over all other civil actions and proceed- ings in all courts. There are some special provisions regarding taxation, c., applicable to certain cities, towns, wards, and counties. PUBLIC HEALTH. Quarantine for the protection of the public health is established in and for the port of New York for all vessels, their crews, passengers, equipage, cargoes, and other pro- perty on board of the same, arriv- ing thereat from other ports ; and the quarantine establishment con- sists of (1) warehouses, wet docks, and wharves ; (2) anchorage for vessels ; (3) floating hospitals ; (4) boarding station ; (5) burying ground ; (6) residence for officers and men. Vessels arriving are sub- ject to quarantine as follows : First, All vessels from any place where disease subject to quarantine existed at the time of their departure, or which have arrived at any such place and proceeded thence to New York, or on board of which dur- ing the voyage any case of such disease has occurred, arriving be- tween the first day of April and the first day of November, shall remain at quarantine for at least thirty days after their arrival, and at least twenty days after their cargoes have been discharged, and shall perform such and further quar- antine as the quarantine commis- sioners may prescribe, unless the health officer, with the approval of the quarantine commissioners, shall sooner grant a permit for said ves- sel or cargo, or both, to proceed. Second, from any place (including islands) in Asia, Africa, or the Med- iterranean, or from any of the West Indies, Bahama, Bermuda, or West- ern Islands, or from any place in America, in the ordinary passage from which they pass south of Cape Henlopen, and all vessels on board of which during the voyage, or while at the port of their departure, any person has been sick, arriving be- tween the first day of April and the first day of November ; and all ves- sels from a foreign port not embraced in the first subdivision shall, on their arrival at the quarantine ground, be subject to visitation by the health officer, but shall not be detained beyond the time requisite for the examination and observation, unless they have had on board during the voyage some case of quarantinable i disease, in which case they shall be subject to such quarantine and regu- lations as the health officer and the quarantine commissioners may pre- scribe. Third, all vessels embraced in the foregoing provisions, which 542 PUBLIC HEALTH. are navigated by steam, are subject only to such length of quarantine and regulations as the health officer enjoins, unless they have had on board during the voyage some case of quarantinable disease, in which case they are subject to such quaran- tine as the health officer and the quarantine commissioners prescribe. Persons with insufficient evidence of effective vaccination, and known to have been recently exposed to small-pox, are vaccinated as soon as practicable, and detained until the vaccinia has taken effect. No other well persons are detained in quaran- tine any longer than necessary to secure cleanliness. Such vaccination and disposal of persons vaccinated is made under regulations fixed by the quarantine commissioners and health officer. The only diseases against which quarantine applies are yellow fever, cholera, typhus or ship- fever, and small -pox, and any new disease not known, of a contagious, infectious, or pestilential nature, at the discretion of the quarantine com- missioners and health officer. For the pm-pose of sanitary meas- ures, merchandise is arranged in three classes (1) merchandise to be sub- mitted to an obligatory quarantine and to purification to wit, clothing, personal baggage, and dunnage, rags, paper rags, hides, skins, feathers, hair, and all other remains of animals, cotton, hemp, and woollens ; (2) mer- chandise subject to an optional quar- antine to wit, sugar, silks, and linen and cattle ; and (3) merchandise exempt from quarantine to wit, all merchandise not enumerated in the other two classes. With existing quarantine disease on board, or if there have been any such disease on board within the ten days last pre- ceding, merchandise of the second class is landed at the quarantine warehouse. Merchandise of the se- cond class may be admitted to pra- tique immediately or transferred to the warehouses, according to circum- stances, at the option of the health officer, with due regard to the sani- tary conditions of the port. Mer- chandise of the third class is de- livered free, and admitted without unnecessary delay. Admission to pratique is preceded by as many visits to the vessel as the health offi- cer may judge necessary. A vessel has the right, before breaking bulk, of putting to sea in preference to being quarantined. On arrival of infected vessels, all well persons have their freedom as soon as possible, consistently with regulations ; sick persons are immediately transferred to the floating hospital, or other hos- pitals appropriated for their recep- tion, and the vessel is unladen, puri- fied, and admitted to pratique as soon as possible. All merchandise is placed in the warehouses and there freely exposed to the air, and moved from time to time to ensure its per- fect ventilation. In no case shall persons sick with different diseases be put in the same hospital. The health officer for the port of New York is nominated by the governor, and appointed by him with the consent of the senate, and holds office for two years, and until his successor is duly qualified. He must be a doctor of medicine of good stand- ing, and of at least ten years' experi- ence in the practice of his profession, and also be practically familiar with the diseases subject to quarantine. The governor nominates, and, by and with the advice and consent of the senate, appoints three discreet per- sons, citizens of the state, who are residents of the metropolitan police district, as commissioners of quaran- tine, who hold office for three years, and until their successors are ap- pointed and qualified. Their salary is $2500 each. The commissioners of quarantine PUBLIC HEALTH. 543 are authorised and empowered to commute with the owner, consignee, or master of any ship or vessel for the charges and expenses which may be made or incurred in the care, treat- ment, maintenance, cleansing of bag- gage, or burial of any person under quarantine who shall arrive in the port of New York upon such ship or vessel, by receiving from such owner, consignee, or master such a sum for each person arriving in such ship or vessel as the said commissioners deem to be just and proper. The amount so paid is in lieu of all charges and expenses authorised by law to be collected, and all persons under quar- antine for whom commutation money is so paid are taken care of and main- tained at the expense of the funds provided for defraying the expenses of the quarantine so received by the commissioners. There are regulations for the pre- servation of public health in other ports and places of the state, and regu- lations generally applicable through- out the state which remain in force, though perhaps they might be held to have been superseded by subse- quent legislation. It is the duty of the common council of every city in the state, except the cities of New York, Brook- lyn, Yonkers, and Buffalo (which have special provisions), to appoint a board of health for such, to consist of six persons who are not members of said council, and who are ap- pointed for three years, and so that two are appointed each year. At least one shall be a competent phy- sician. The mayor of the city is a member ex officio of the board of health, and is its president. When duly organised, the board appoints a competent physician (not a member of the board), who is health officer for the city. And it is the duty of the trustees of every incorporated village in the state to appoint, once in each year, a board of health for such village, to consist of not less than three nor more than seven per- sons (who are not village trustees), to hold office for one year, or until their successors are appointed, from which board are elected a president and secretary ; and the board thus constituted appoints a competent physician to be the health officer of such village, who shall not be a member of the board. The super- visor and justices of the peace and the town -clerk, or a majority of them, of each town in the state, to- gether with a citizen of such town, of full age, to be elected by them, are the board of health for such town for each year, and they appoint some competent physician, not a member of the board, to be the health officer for such town. They have cognis- ance of the causes of injury or danger to the public health, and meet upon call of the supervisor. Also, when- ever in the judgment of the state board of health, or (if the said board be not in session) of the president and secretary thereof, it is necessary, and the public good requires it, the supervisor of such town, upon rea- sonable notice being given to him from the state board of health, or its president and secretary, im- mediately convenes the town board of health to take such proceedings as the public health in that vicinity may require, and concerning which it has been so notified. When vacancies occur in any city, village, or town board of health, and there are less than the statutory number of mem- bers, it is the duty of the county judge of the county in which such town, village, or city is situated, or an adjoining county, upon being sat- isfied thereof, to appoint in writing one or more competent citizens to fill such vacancies and to perform the duties of said office. This written appointment is filed in the office of 544 PUBLIC HEALTH. the clerk of the county. The several boards of health, except as stated, meet in their respective cities, vil- lages, and towns, and (1) fix and de- termine the period of quarantine to which vessels, vehicles, or persons arriving in such city, village, or town shall be subject, but can, after an examination, reduce the period of such quarantine if they deem it safe to do so. It is the duty of the sev- eral boards of health to (2) prescribe the duties and powers of the health officer, direct him from time to time in the performance thereof, and fix his compensation ; (3) make orders and regulations in their discretion concerning the place and mode of quarantine ; the examination and purification of vessels, boats, and other craft not under quarantine ; the treatment of vessels, articles, or persons thereof ; the regulation of intercourse with infected places ; the apprehension, separation, and treat- ment of emigrants and other persons who have been exposed to any infec- tious or contagious disease ; the sup- pression and removal of nuisances, and all other orders and regulations, as they think necessary and proper for the preservation of the public health ; (4) regulate and prohibit or prevent all communication or inter- course with all houses, tenements, and places, and the persons occupy- ing the same, in which there is any person who has been exposed to any infectious or contagious disease ; (5) receive and examine into the nature of complaints made by any of the in- habitants concerning causes of danger or injury to the public health, within the limits of its jurisdiction, and to require such isolation and quarantin- ing of persons, vessels, and sources of infection as are in its judgment necessary ; also to release from such isolation or quarantine when it deems it safe to release, making a record of the facts in the case (quarantin- ing and releasing), and of the rea- sons for the action taken. It is also the duty of the board to procure suitable places for the reception of persons and things infected with malignant, contagious, or infectious diseases, and in all cases where sick persons cannot otherwise be provided for, to procure for them medical and other attendance and necessaries ; and to take cognisance of and report every case of small- pox or varioloid occurring within said board's juris- diction ; also to make all needful pro- visions for immediately obtaining the necessary means for thorough and safe vaccination of all persons within its jurisdiction who may need the same. It is also the duty of the board of health in each town, village, and city in the state to have the super- vision of the registration of deaths, diseases, and the causes of death, and findings of coroner's juries, and to designate the persons who shall grant permits for the burial of the dead, and to prescribe sanitary reg- ulations for such burials ; and to supervise and make complete the registration of births, deaths, and marriages within the limits of its jurisdiction, and the cost of so com- pleting the said registration is a charge upon such town, village, or city, and shall not exceed 50 cents for each completely verified and reg- istered record of a birth, death, or marriage ; but the town-clerks and the registering clerks provided by law in villages and cities may still keep all records of births, deaths, and marriages, as required by chap. 512, laws of 1880. (6) To publish from time to time all such orders and regulations of general obligation as they have made, in such manner as to secure early and full publicity thereto ; and to make, without pub- lication thereof, such orders and reg- ulations in special or individual cases, not of general application, as PUBLIC HEALTH. 545 they see fit, concerning the suppres- sion and removal of nuisances, and concerning all other matters in their judgment detrimental to the public health, and to serve copies thereof upon any occupants of any premises whereon any such nuisances or other matters aforesaid exist, or by posting the same in some conspicuous place on such premises. (7) To issue war- rants to any constable of their respec- tive cities, villages, or towns, to apprehend and remove such persons as cannot otherwise be subjected to the orders and regulations by them adopted ; and whenever it is neces- sary to do so, to issue their warrants to the sheriff of their respective coun- ties to bring to their aid the power of the county ; all which warrants shall be forthwith executed by the officers to whom they are delivered, who possess the like powers, and are subject to the like duties in the exe- cution thereof, as if the same had been duly issued out of any court of record in the state. (8) To employ all such persons as are necessary to enable them to carry into effect the orders or regulations they have adopt- ed, published, and made, and the powers vested in them, and to fix their compensation. (9) To impose penalties and maintain actions to col- lect them, not exceeding $100 in any one case, or to restrain by injunction, or otherwise enforce their orders and regulations. All expenses incurred by the several boards of health in the execution and performance of their duties are a charge only on their respective cities, villages, and towns, and are audited, levied, col- lected, and paid in the same manner as other town charges. The trustees of the several common school districts in the state, and the proper local boards of common school government in the several cities, can, under the provisions of chap. 438, laws of 1860, exclude from the bene- fits of the common schools therein any child or any person who has not been vaccinated, and until such child or person shall have been vac- cinated. Chap. 322, laws of 1880, directed the governor to appoint, by and with the advice and consent of the senate, three state commissioners of health, two of whom should be graduates of legally constituted medical colleges, and of not less than seven years' practice of their profession. These commissioners, together with the at- torney - general, the superintendent of the state survey, and the health officer of the port of New York, who are ex officio members of the state board of health, and three other per- sons designated and appointed by the governor, one of whom shall be a commissioner of health of the board of health of the city of New York, and the. others members or com- missioners of health of regularly constituted and organised boards of health of cities of the state, constitute the board of health of the State of New York. The three commissioners so appointed take the oath of office prescribed by the constitution for state officers, and receive from the secretary of state certificates of their appointment. They hold office for three years. The state board of health meets at least once in every three months, and as much oftener as they deem necessary, their annual meeting being held within two weeks after the 1st of May. No member except the secretary receives any compensation, but the actual travel- ling and other expenses of the mem- bers and officers while engaged in their duties are allowed and paid out of the appropriation made for its support. One of their number is annually elected president, and they also elect from among their own members, or otherwise, a person of skill and experience in public health 2M 546 PUBLIC HEALTH. duties and sanitary science to be the secretary and executive officer of the board, who has all the powers and privileges of a member of the board except in regard to voting upon mat- ters relating to his own office and duties as secretary, and he holds office for three years, but may be re- moved for cause after a full hearing by the board, a majority of the mem- bers voting therefor. The board may adopt by-laws, and provide therein for the appointment of committees, in whom it shall delegate authority and power for the work committed to them, and it may adopt and use an official seal. Five members consti- tute a quorum. The secretary keeps a record of the acts and proceedings of the board, performs and superin- tends the work prescribed by law, and such other duties as the board may order, and receives an annual salary of $3000, and such necessary expenses are allowed him as the comp- troller audits on the presentation of an itemised account having vouchers annexed, together with the certificate of the board. The state board of health takes cognisance of the interests of health and life among the people of the state, makes inquiries in respect to the cause of disease, and especially of epidemics, and investigates the sources of mor- tality, and the effects of localities, employments, and other conditions upon the public health. It is its duty to obtain, collect, and preserve such information relating to deaths, diseases, and health as may be useful in the discharge of its duties, and contribute to the promotion of the health or the security of life in the State of New York. And it is the duty of all health officers and boards of health in the state to communicate to this state board copies of all their reports and publications, also such sanitary information as may be useful. The state board of health has the general supervision of the state sys- tem of registration of births, mar- riages, and deaths, and also the regis- tration of prevalent diseases. Its secretary is the superintendent of registration of vital statistics of the state. The state board issues trans- fer permits to be issued by local or- ganised boards of health for the trans- portation of the dead bodies of persons which are to be carried for burial beyond the limits of the counties where the death occurs, and coupons must be attached to these permits, which are detached and preserved by every common carrier, or the person in charge of any vessel, railroad train, or vehicle to whom such dead bodies are delivered for transportation. The governor may require the state board of health to examine into nuisances or questions affecting the security of life and health in any locality, and the report, when approved by the governor, is filed in the office of the secretary of state, and the governor may act upon such report and enforce his orders. At any time, at the re- quest of the state board, or whenever the governor directs an examination and report as stated, any board of health of any city may appoint and select any one of its officers as its representative during such examina- tion of any nuisance, who shall have a seat at and be entitled to take part in all deliberations of the state board during such investigation, but with- out the right to vote. The state board may from time to time engage suitable persons to render sanitary service, and to make or supervise practical and scientific investigations and examinations requiring expert skill, and to prepare plans and report relative thereto. The members of the board, and such other officers and persons authorised by the board, may, without let or hindrance, enter, examine, and survey all grounds, erections, vehicles, structures, apart- COMMON SCHOOLS. 547 ments, buildings, and places. But no more than $5000 in any one year shall be expended for such special sanitary service. It is the duty of the state board, on or before the first Monday of De- cember in each year, to make a re- port in writing to the governor of the state upon the vital statistics and the sanitary condition and prospects of the state ; and this report sets forth the action of the board and of its officers and agents, and the names thereof for the past year, and may contain other useful information and suggestions for legislative action, &c., also a detailed statement of moneys paid out, &c. ; but its total expendi- tures shall not exceed $15,000 in any one year. This sum of $15,000 is ap- propriated from the general fund for the purpose mentioned. Laws of 1881, chap. 298. It is the duty of all employers of females in any mercantile or manufacturing business or occupation to provide and maintain suitable seats for their use, and to permit them to use such seats to such an extent as may be reasonable for the preservation of their health. There are numerous general reg- ulations and statutes concerning the practice of physic and surgery, medical societies and their incor- poration, medical universities and colleges, promoting medical science, regulating county medical schools, to incorporate homoeopathic medi- cal societies, the state homoeopa- thic medical society, the medical society of the State of New York, the licensing of physicians and sur- geons, &c. There are general regulations and statutes concerning the practice of dentistry, &c. , and some affecting apothecaries and druggists. COMMON SCHOOLS. According to article ix. of the state constitution (1846) the capital of (1) the common school fund, (2) the literature fund, and (3) the United States deposit fund, were to be respectively preserved inviolate. The revenues of the first were to be applied to the support of common schools, the revenues of the second to the support of academies, and the sum of $25,000 of the revenues of the third was each year to be ap- propriated to and made part of the capital of the first. This common school fund consists of the proceeds of all lands which belonged to the state on 1st January 1823 (except such parts thereof reserved or appro- priated to public use or ceded to the United States), together with what was denominated the common school fund. The capital of this fund has been increased by payments (author- ised by Acts of the legislature) out of the income of the United States de- posit fund. In 1837 the state agreed, by Act of its legislature, to receive in deposits for safe-keeping its share of the surplus money of the Treasury of the United States, under the 13th section of the Act of Congress, en- titled "An Act to regulate the de- posits of the public money," passed June 23, 1836, upon the terms, con- ditions, and provisions in said Act contained ; and the faith of the state was inviolably pledged for the safe- keeping and repayment of all sums of money thus received from time to time, whenever the same should be required by the secretary of the Treasury of the United States, under the provisions of said Act. The state legislature, by chap. 150, laws of 1837, directed that this share of the United States surplus money should 548 COMMON SCHOOLS. be apportioned among the several counties of the state according to the population thereof, as ascertained by the last state census, for the purpose of being loaned therein in the manner directed by " the commissioners for loaning certain moneys of the United States of the county," who were ' ' two reputable inhabitants resident in each of the counties " nominated by the governor, and with the con- sent of the senate appointed com- missioners for loaning the moneys mentioned "in the several counties for which they should be appointed, and who should hold their offices for the term of two years." No such commissioner is eligible to the office of supervisor of any town or ward ; nor is such supervisor eligible to the office of such commissioner. It is unnecessary to describe how such de- posit moneys were or are to be in- vested. By chap. 237, laws of 1838, the sum of 3110,000, of the income arising from the investment of these United States deposit moneys, should be annually distributed to the sup- port of common schools in like man- ner and upon the like conditions as the school moneys, except that, to entitle the several school districts to their share of the common school fund, including the fund authorised by this Act to be distributed, it should be necessary for each school district to maintain a school, to be taught by a qualified teacher, for four months instead of three months, as then required by law. By sec. 3 In each and every year thereafter in which the corporation of the city of New York should raise, collect, and pay over to the support of common schools in the city, the whole addi- tional amount of tax which they were then authorised to impose and collect for such purposes by the two several Acts, entitled, ' ' An Act for the fur- ther support and encouragement of common schools in the city of New York," passed April 25, 1829, and April 18, 1831, then it should not be required of the corporation of the said city and county to raise by tax any additional sum of school money equal to the amount then apportioned to the said city and county under this Act. By sec. 4 The sum of $55,000 should at the same time be annually distributed to the sup- port of common schools in like man- ner and upon the like conditions as the school moneys were distributed, except that the trustees of the several districts should appropriate the sum received to the purchase of a district library for the term of three years, and after that time for a library or for the payment of teachers' wages, in the discretion of the inhabitants of the district ; and sec. 5 provided that the said moneys to be paid to the city and county of New York should be distributed by the com- missioners of school money, in the same proportion as the other school moneys, among the several societies and schools entitled thereto, to be by them applied either to the sup- port of school libraries or the pay- ment of teachers. It was also pro- vided that $6000 should, for the period of five years and until other- wise directed by law, be annually paid to Geneva College, to be applied exclusively to payment of its pro- fessors and teachers ; and the like sum, for the like time and for the same purposes, annually to the Uni- versity of the city of New York ; and the sum of $3000, for the like time and for the same purposes, annually to Hamilton College. Sec. 8 provided that the sum of $28,000 should be annually paid over to the literature fund ; and sec. 10 that the residue of the income aforesaid not otherwise appropriated should be annually added to the capital of the common school fund ; and the comp- troller was authorised and empow- COMMON SCHOOLS. 549 ered to invest such surplus moneys in like manner as the moneys of the common school fund. Laws of 1847, chap. 258, provided that the treasurer should keep a sep- arate book account for all moneys that might belong to the United States deposit fund, and a like sepa- rate account for moneys of the litera- ture fund ; and the interest received on said accounts should be carried at the close of each fiscal year to the credit of the income of each respec- tively. There are numerous Acts of the state legislature bearing upon the subject of public instruction, which embraces the University of the State of New York, colleges, academies, seminaries, colleges for the benefit of agriculture and the mechanical arts, the College of Physicians and Surgeons in the city of New York, medical colleges, Columbia College, Union College, Cornell University, normal schools, incorporated schools, common schools, union free schools, schools for the instruction of indi- gent deaf and dumb, and of children in orphan asylums, of Indians, of idle and truant children, of a nau- tical school in New York harbour, &c., &c. Chap. 555, laws of 1864, " An Act to revise and consolidate the general Acts relating to public in- struction," is now the foundation of the system as regards common schools, &c. , but there are also subsequent Acts. The state superintendent of public instruction is elected by joint ballot of the senate and assembly on the first Tuesday in April, and his term of office is for three years. He ap- points a deputy who, in case of a vacancy, may perform all the duties of the superintendent until the day after the said day fixed for an elec- tion. When the deputy's office is also vacant, the governor appoints some person to fill the office until the superintendent is elected and as- sumes it. The superintendent has a seal. The school commissioner for each school commissioner district ia elected by the electors thereof by separate ballot at the general elec- tion, and his term of office is for three years. There is raised by tax in each year, upon the real and per- sonal estate of each county, one mill and one-fourth of a mill upon each and every dollar of the equalised valuation of such estate for the sup- port of common schools in the state, and the moneys so raised are paid into the state treasury, and the treasurer may transfer them from one depository to another by his draft, countersigned and entered by the superintendent of public instruc- tion. The comptroller may with- hold the payment of any moneys to which any county may be entitled from the appropriation of the incomes of the school fund and the United States deposit fund for the support of common schools, until satisfactory evidence is furnished to him that all moneys required by law to be raised by taxation upon such county for the support of schools throughout the state have been collected and paid or accounted for to the state treasurer. Whenever, in conse- quence of the failure of any county to pay such moneys, there is a de- ficiency of money in the treasury applicable to the payment of school moneys to which any other county is entitled, the treasurer and superin- tendent may make a temporary loan of the amount so deficient ; and such loan and the interest thereon, at the rate of 12 per cent per annum, until payment is made to the treasury, is a charge upon the county in default, and is added to the amount of state tax and levied upon such county by the board of supervisors thereof at the next ensuing assessment, and is 550 COMMON SCHOOLS. paid into the treasury in the same manner as other taxes. The moneys raised by the state tax, or borrowed as aforesaid to supply a deficiency thereof, and such portion of the in- come of the United States deposit fund as is appropriated, and the in- come of the common school fund, when the same are appropriated to the support of common schools, con- stitute the state school moneys, and are divided and apportioned by the superintendent of public instruction, on or before the 20th day of January in each year, as follows ; and all moneys so appropriated, except the literary moneys, are applied exclu- sively to the payment of teachers' wages. The superintendent pays (1) from the free school fund the annual sal- aries of the school commissioners ; (2) to each of the cities, and to each of the incorporated villages having a population of 5000 and upwards, which under a special Act employs a superintendent of common schools, or a clerk of the board of education who does the duty of supervision, and if insufficient the deficiency is paid from the free school fund, the sum of $800 ; and in case any city is entitled to more than one mem- ber of assembly, according to the unit of representation adopted by the legislature, 500 for each ad- ditional member of assembly, to be expended according to law for the support of the common schools of the city. There is then (3) paid from the income of the United .States deposit fund for, and as li- brary moneys, such sum as the leg- islature appropriates for that pur- pose ; (4) from the free school fund a sum not exceeding $4000 for a contingent fund. The superintend- ent then (5) sets apart and appor- tions for and on account of the Indian schools under his supervision a sum equitably equivalent to their proportion of the state school money, upon the basis of distribution estab- lished by this Act, to be wholly payable out of the proceeds of the state tax for the support of com- mon schools. After deducting these amounts he (6) divides the remain- der of the state school moneys into two parts, one to be one-third and the other to be two -thirds of such remainder, and apportions them as follows, viz. : (1) The one -third equally among the school districts and cities from which reports have been received in accordance with law, as follows : to entitle a district to a distributive portion or district quota, a qualified teacher, or successive qualified teachers, must have actu- ally taught the common school of the district for at least the term of time hereinafter specified during the last preceding school year. For every additional qualified teacher, and his successors, who have actu- ally taught in said school during the whole of said term, the district is en- titled to another distributive portion or quota ; but pupils employed as monitors or otherwise are not deem- ed teachers. The aforementioned term is twenty-eight weeks of five school days each, inclusive of New- Year's day, Washington's birthday, the fourth day of July, Christmas day, and any other day which is by law declared a holiday, which occurs during the term. A defici- ency, not exceeding three weeks during the year, caused by a teach- er's attendance upon a teacher's institute within the county, is ex- cused. (2) The superintendent ap- portions the two-thirds, and also the library moneys, separately among the counties of the state, according to their respective population, ex- cluding Indians residing on their reservations, as the same appears from the last preceding state or United States census ; but as to COMMON SCHOOLS. 551 counties in which are situated cities having special school Acts, he ap- portions to each city the part to which it so appears entitled, and to the residue of the county the part to which it appears to be so entitled. If the census, according to which the apportionment is made, does not show the sum of the population of any county or city, the superintendent, by the best evidence he can procure, ascertains and determines the popu- lation of such county or city at the time the census was taken, and makes his apportionment according- ly. The superintendent apportions to each separate neighbourhood which has duly reported such fixed sum as will in his opinion be equit- ably equivalent to its portion of all the state school moneys upon the basis of distribution established; such sum to be payable out of the contingent fund mentioned. The superintendent may excuse neglect, and make supplemental apportion- ments. Moneys apportioned in ex- cess may be reclaimed, and defici- encies may be supplied. As soon as possible, after the making of any annual or general apportionment, the superintendent certifies it to the county clerk, county treasurer, school commissioners, and city trea- surer or chamberlain in every coun- ty in the state ; and, if it is a supplemental apportionment, then to the county clerk, county treasurer, and school commissioners of the county in which the neighbourhood or the school - house of the district concerned is situate. The moneys are payable annually on the first day of April next after the appor- tionment. The school commissioner or com- missioners of each county proceed, at the county seat, 011 the third Tuesday in March in each year, to ascertain, apportion, and divide the state and other school moneys, as follows : 1. Any library moneys apportioned by the superintendent are set apart. 2. From the other moneys appor- tioned to the county is credited to each separate neighbourhood and school district the amount appor- tioned to it by the state superin- tendent, and to every district which did not participate in the apportion- ment of the previous year, and which the superintendent has excused, such equitable sum as he has allowed to it. 3. Unexpended moneys in the hands of the supervisors applicable to the payment of teachers' wages and to library purposes are added to the balance of state moneys to be apportioned for teachers' wages ; and the amount in each supervisor's hands is charged as a partial pay- ment of the sums apportioned to the town for library moneys and teachers' wages respectively. 4. Moneys in the hands of the county treasurer on account of fines or penalties, or accruing from any other source, for the benefit of schools and of the several towns or districts, are credited to such town or district ; and those belonging to the schools in a particular town are credited to the schools in such town, and appor- tioned, together with such as belong to the schools of the county, accord- ingly, for the payment of teachers' wages. 5. Library moneys apportioned to school districts and parts of school districts joined with parts in any city or in an adjoining county which are entitled to participate therein, are apportioned in proportion to the number of children in each between the ages of five and twenty-one years, as the same appears from the report of the trustees for the last preceding school year. 6. They apportion one-half of the remaining unapportioned moneys in the like manner, and upon the same 552 COMMON SCHOOLS. basis, among such school districts and. parts of school districts ; and the other half they apportion among such districts and parts of districts as are entitled to share in the appor- tionment, in proportion to the aver- age daily attendance of pupils of law- ful school age resident therein, as- suming in every case that the term has consisted of the term prescribed by law namely, 140 days, and no more. 7. They then set apart to each town the moneys so set apart and apportioned to each separate neigh- bourhood, to each district the school- house of which is therein, and to each part of a joint district therein, the schoolhouse of which is located in a city or in a town in an adjoining county. 8. A duplicate certificate made out in detail is signed by the school commissioners, one of which is de- livered to the treasurer of the county, and the other transmitted to the sup- erintendent of public instruction. 9. They certify to the supervisor of each town the amount of school moneys so apportioned to his town, and the portions thereof to be paid by him for library purposes and for teachers' wages, to each such distinct separate neighbourhood, district, and part of a district. It is the duty of every supervisor 1. To pay the wages of teachers upon, and only upon, the written orders of a sole trustee, or a majority of the trustees, or upon the order of the trustee of a separate neighbour- hood, in favour of any teacher of a school in an adjoining state recog- nised by him and patronised by the inhabitants of such neighbourhood. Such teacher is deemed a qualified teacher. 2. To disburse library money upon, and only upon, the written orders of a sole trustee, or of a majority of the trustees. 3. In the case of a union free school district, to pay over all the school money apportioned thereto (for teachers and library) to the treasurer of such district upon the order of its board of education. 4. To keep proper accounts of school moneys, and lay the same, with proper vouchers, before the board of town auditors at each annual meeting thereof. 5. Within fifteen days after the determination of his office, to make out a just and true account of all school moneys theretofore received by him, and of all disbursements thereof, and to deliver the same to the town - clerk to be filed and re- corded, and to notify his successor in office of such rendition and filing. It is the duty of the town-clerk of each town to preserve records and report to the supervisor any loss of or inj ury to them ; to record the certificates of apportionment he re- ceives from the supervisor ; to notify the trustees of the several school dis- tricts and separate neighbourhoods of the filing of each such certificate ; to obtain annual reports from the school trustees, and deliver them to the school commissioner on demand ; to receive from the supervisor and record the annual account, &c., submitted to the town auditors, and to send by mail a copy of the account, and of the action thereon, to the superinten- dent of public instruction, whenever required by him, and to file and pre- serve the vouchers accompanying the account ; to receive and record in the same book the supervisor's final ac- count of the school moneys, and de- liver a copy thereof to such super- visor's successor in office ; to perform any other duty devolved upon him by law touching common schools. It is the duty of each school com- missioner, in respect to the territory within his district 1. To divide it, so far as practi- COMMON SCHOOLS. 553 cable, into a convenient number of school districts, and alter the same, with the written consent of the trus- tees of all the districts to be affected ; or if the trustees of any such district refuse to consent, the alteration is effected in a prescribed manner by him, the supervisor and town- clerk of the town or towns within which such district or districts wholly or partly lie being, if it be so requested by the trustees of any district to be affected, associated with the commissioner. 2. In conjunction with the com- missioner or commissioners of an ad- joining school commissioner district or districts, to set off joint districts composed of adjoining parts of their respective districts. 3. To set off by itself any neigh- bourhood adjoining any other state of the Union where it is found most convenient for the inhabitants to send their children to a school in such adjoining state. 4. To describe and number the school districts and joint-districts, and to deliver in writing to the town- clerk the description and number of each district lying in whole or in part in his town, together with all notices, consents, and proceedings relating to the formation or altera- tion thereof immediately after such formation or alteration. Every joint- district bears the same number in every school commissioner district of whose territory it is in part composed. 5. To deliver to the town-clerk of the town in which it lies, in whole or in part, a description of each such separate neighbourhood. Every person of full age residing in any neighbourhood or school district, and entitled to hold lands in the state, who owns or hires real pro- perty in such neighbourhood or school district, liable to taxation for school purposes, and every resident of such neighbourhood or district who is a citizen of the United States above the age of twenty-one years, and who has permanently residing with him or her a child or children of school age, some one or more of whom shall have attended the school district for a period of at least eight weeks within one year preceding, and every such resident and citizen as aforesaid who owns any personal property assessed on the last preceding assessment-roll of the town exceeding $50 in value, exclusive of such as is exempt from execution and no other, is entitled to vote at any school meeting held in such neighbourhood or district. The inhabitants of any neighbourhood en- titled to vote have power, by a ma- jority of the votes of those present at any annual meeting, or any other neighbourhood meeting duly called by the commissioner 1. To appoint a chairman for the time being. 2. To choose a neighbourhood clerk and one trustee, and to fill vacancies in office. The inhabitants of a district en- titled to vote, when duly assembled in any district meeting, have power, by a majority of the votes of those present 1. To appoint a chairman for the time being. 2. If the district clerk be absent, to appoint a clerk for the time. 3. To adjourn from time to time. 4. To choose one or three trustees, as the case may be, a district clerk, a district collector, a librarian, when such offices are or become vacated, except as specially provided by law. 5. To fix the amount the collector shall give bond for. 6. To designate schoolhouse sites. 7. To vote a tax upon the taxable property of the district to purchase, lease, or improve such sites, and to hire, build, or purchase schoolhouses, and to keep in repair and furnish the 554 COMMON SCHOOLS. same with necessary fuel and appen- 8. To vote a tax not exceeding $25 in any one year for apparatus and text- books. 9. To vote a tax not exceeding $50 in any one year for books for a dis- trict library, and necessary money, in addition, for a bookcase. 10. To vote a tax to supply a de- ficiency because of former tax being uncollectable in whole or in part. 11. To authorise the trustees to insure house, furniture, &c., in any insurance company created by or un- der the laws of the state. 12. To alter, repeal, and modify their proceedings from time to time as occasion may require. 13. To vote a tax to buy a book in which to record their proceedings. 14. To vote a tax to replace moneys of the district lost or embezzled by district officers, and to pay expenses of litigation, prosecuting or defending. 15. To vote a tax, not exceeding $25 in each year, for anticipated de- ficiencies or contingencies, or to pay the wages of teachers in anticipation of the ordinary collections for that purpose, to be replaced by such col- lections when made. 16. To vote a tax to pay whatever deficiency there may be in the teachers' wages after exhaustion of the public money ; but if the inhabit- ants refuse to vote such a tax, or vote an insufficient tax, the trustees can, and it is their duty to raise by district tax any reasonable sum that may be necessary to pay the balance of teachers' wages remaining unpaid, the same as if such tax had been authorised by a vote of the inhabit- ants. 17. To vote a tax to pay and satis- fy of record any judgments of a com- petent court ; but if the inhabitants neglect or refuse to vote a tax for this purpose, or vote an insufficient tax, the trustees are authorised, and it is their duty, to raise by district tax the necessary amount to pay any such judgments ; and the trustees shall, after the expiration of thirty days from notice of any judgment having been entered against the district, or the trustees thereof, for unpaid teachers' wages, call a meeting of the inhabitants to vote a tax to pay the same ; and in case the inhabitants refuse or neglect to do so, it is the duty of the trustees, unless such judgments are appealed from, to raise by district tax the necessary amount. No school commissioner or super- visor is eligible to the office of trustee, nor can either be a member of any board of education within his district or town ; and no trustee can hold the office of district clerk, collector, or librarian. Every district and neigh- bourhood officer must be a resident of his district and neighbourhood, and qualified to vote at its meetings. From one annual meeting to another is a year. The trustee of a neigh- bourhood, and the sole trustee of a district, hold office for one year. The full term of joint-trustee is three years, but he may be elected for one or two years as specially provided. The term of office of all other neigh- bourhood and district officers is one year. Every district and neighbour- hood officer, unless removed, holds office during his term of office, and until his successor is elected or ap- pointed. Any vacancy arising in the office of trustee is, if not supplied by a district or neighbourhood meeting within one month, filled by the super- visor appointing a competent person. Every person duly qualified, who is chosen or appointed to a school dis- trict office and refuses to serve there- in, is fined $5 ; and every such person who does not refuse to accept, but wilfully neglects or refuses to per- form any duty thereof, vacates his office and forfeits $10. The penalties COMMON SCHOOLS. 555 go to the common schools of the town. But the supervisor may accept a written resignation, and the filing of this resignation and acceptance there- of in the office of the district clerk bars recovery of either of said penal- ties ; or the resignation may be made to and accepted by a district meeting. In all school districts in which the number of children of school age exceeds 300, as shown by the last annual report of the trustees to the school commissioner, all district offi- cers, except the treasurer and collec- tor of union free school districts, are elected by ballot on the Wednesday next following the second Tuesday in October in each year. The trustees or board of education, or as many of them as may be present, act as in- spectors of election, &c. ; and if the district has but one trustee, the dis- trict clerk is associated with him as inspector. All disputes concerning the validity of any such election, &c., are referred to the superinten- dent of public instruction, whose de- cision is final. He may in his dis- cretion order a new election in any district. In case two persons have an equal number of votes for the same office, the inspectors of election immediately choose one of them ; and if the inspectors cannot agree, the clerk decides the matter. These provisions do not apply to cities, nor to union free school districts whose boundaries correspond with those of an incorporated village, nor to school districts incorporated under special Acts which provide for such elections, nor to school districts in certain counties, nor to union free school districts in certain towns. Common schools in the several school districts are free to all persons over five and under twenty-one years of age residing in the district ; but non-residents, if otherwise competent, may be admitted into a school with the written consent of the trustees, or of a majority of them, upon such terms as the trustees prescribe, pro- vided that if such non-resident pupils, their parents or guardians, shall be liable to be taxed for the support of said schools in the district, on account of owning property therein, the amount of any such tax so paid is deducted from the charge for tuition. If a school district includes a portion of an Indian reservation, whereon there is a school for Indian children, the school of the district is not free to Indian children resident in the district or on the reservation, nor are they admitted without the permission of the superintendent. Qualified teachers are those holding an uncancelled diploma from the state normal school, or certificate of qualification from the superintendent of public instruction, or such a cer- tificate from the school commissioners within whose district he is employed. No school moneys can be paid to an unqualified teacher ; nor can his wages, or any part of them, be col- lected by a district tax. The trustee or trustees of a district hold property for the use of schools in the district as a corporation. Be- tween the first and second Tuesdays of October of each year, the trustees of each school district make and direct to the school commissioner a report in writing, dated on the first of said month in each year, certify- ing, among other things, the whole number of days, including holidays, in which the school was taught by qualified teachers, moneys received and expended, number of children taught and the sum of the days of their attendance, number of resident children in the district of school age, their parents' names, &c., &c. School district taxes are appor- tioned by the trustees upon all real estate within the boundaries of the district which is not by law exempt from taxation ; but land lying in one 556 COMMON SCHOOLS. body and occupied by the same per- son either as owner or agent for the same principal, or as tenant under the same landlord, though situated partly in two or more school districts, is taxable in that one of them in which the occupant resides. Lands owned by non-residents of the dis- trict, and not occupied by an agent, servant, or tenant residing in the dis- trict, are assessed as non-resident. The trustees also apportion district taxes upon all persons residing in the district, and upon all corpora- tions liable to taxation therein for the personal estate owned by them and liable to taxation. They also apportion the same upon non-resident stockholders in banks or banking associations situated in their dis- tricts for the amount of stock owned by them therein, and upon indi- vidual bankers doing business in their district. The last assessment- roll of the town fixes the valuations of taxable property. When a dis- trict embraces parts of more than one town, the supervisors of such towns, upon receiving written notice from the trustees of such district, or from three or more persons liable to pay taxes upon real estate therein, meet as specially prescribed, and determine the relative proportion of taxes that ought to be assessed upon the real property of the parts of such district lying in different towns, and the trustees thereupon assess accordingly. Should the supervisors be unable to agree, they summon a supervisor from some adjoining town, who unites in such inquiry ; and the finding of the majority is the deter- mination of the meeting. Any per- son working land on shares is deemed the possessor so far as to be liable to taxation therefor. The owner of property occupied by an agent is liable ; so a tenant at will, or for three years, or for a less period of time, but he can charge the owner therefor. Every taxable inhabitant who has been within four years set off from any other district without his consent, and has within that period actually paid in such other district, under a lawful assessment therein, a district tax for building a schoolhouse, is "exempted by the trustees of the district where he resides from the payment of any tax for building a schoolhouse therein. Taxes on non-resident lands, or non- resident stockholders in banking as- sociations organised under the laws of Congress, and which remain unpaid, are, after certain prescribed proceed- ings, paid by the county treasurer, and by the supervisors the amount so paid, &c., is levied upon the property. Whenever fifteen persons, entitled to vote at any meeting of the inhab- itants of any school district, from each of two or more adjoining dis- tricts, unite in a call for a meeting of the inhabitants of such districts to determine whether such districts shall be consolidated by the establishment of a union free school therefor and therein, it is the duty of the trustees of such districts, or a majority of them, to give like public notice of such meeting, at some convenient place within such districts, and as central as may be, within the time, and to be published and served in the manner, prescribed in each of such districts. The reasonable expenses of preparing, publishing, and serving such notices are chargeable upon the union free school district, and col- lected by tax, if a union free school is established pursuant to such call ; but otherwise the signers of the call are jointly and severally liable for such expenses. The superintendent of public instruction may order such meeting if the trustees refuse to give the notice, or neglect to give it for twenty days. At the said meeting, duly organised, or at an adjournment COMMON SCHOOLS. 557 thereof, whenever it has been duly determined by the vote of those present thereat, not less than fifteen persons, to establish a union free school in said district, it is lawful for the meeting to proceed to the election by ballot of not less than three nor more than nine trustees, who shall, by the order of such meet- ing, be divided into three several classes, to hold respectively one, two, and three years ; and when these trustees enter upon their office, the office of existing trustees cease. By the laws of 1880, chap. 9, no person is deemed ineligible to serve as any school officer, or to vote at any school meeting, by reason of sex, who has the other qualifications required by law. Women have been elected and have served as trustees. The trustees and their successors in office constitute the board of education of and for the union free school district for which they are elected, which is designated as union free school dis- trict, No. , of the town of , by the school commissioner having jurisdiction of the district ; and the said board has the name and style of the board of education of (adding the designation afore- said). Copies of said call and minutes of meetings, duly certified by the chairman and secretary thereof, are transmitted and deposited, one to and with the town-clerk, one to and with the school commissioners of the dis- trict, and one to and with the su- perintendent of public instruction. Whenever said board of education is constituted for any district or dis- tricts whose limits correspond with those of any incorporated village or city, the trustees so elected shall be, by the order of such meeting, divided into three classes, to serve respective- ly until one, two, and three years after the day of the next charter election in such village or city. And thereafter there shall be annually elected in such villages and cities, by separate ballot, indorsed " school trustees," in the same manner as the charter officers thereof, trustees of the said union free schools to supply the place of those whose terms by the classification aforesaid are about to expire. These boards of education are bodies corporate. They may, with the ad- vice and consent of a majority of the legal voters entitled to vote on ques- tions of taxation, to be had at an annual meeting of the inhabitants, appoint a clerk to the board, a res- ident of the district and not a trustee or a teacher in the employ of the board, and he is the general librarian of the district, and shall perform the clerical and other duties of his office. In districts whose limits do not cor- respond with those of any city or incorporated village, the board has power to appoint one of the taxable inhabitants of their district treasurer, and another collector, who shall each, before entering office, execute and de- liver, within ten days after written notice of appointment, to the said board of education a bond with suf- ficient penalty and sureties. The cor- porate authorities of any incorporate village or city in which any such union free school is established have power, and it is their duty, to raise from time to time by tax the sums which the board of education declare necessary for the furtherance of any of the powers vested in them by law : and the said corporate authorities have no power to withhold the sums declared to be necessary for teachers' wages and the ordinary contingent expenses of supporting the school or schools of said district. The annual meeting of the board of education of every union free school is held on the third Tuesday of October in each year. A majority of the voters of any union free school district, other than those whose limits correspond 558 COMMON SCHOOLS. with an incorporated city or village, present at any annual or special dis- trict meeting duly convened, may authorise such acts and vote such taxes as they deem expedient for the purposes of said union free school, to be levied in one sum or by instal- ments, and the board of education shall make out their tax - list, and attach their warrant thereto, in the manner provided for the collection of school district taxes. No vote to raise money is rescinded, nor the amount thereof reduced at any sub- sequent meeting, unless it be done within ten days after it has been first voted. The board of education of every union free school district has gene- rally the same powers and privileges, and is subject to the same duties, as the trustees of common schools. Whenever a union free school is es- tablished, and there exists within its district an academy, the board of education, if thereto authorised by a vote of the voters of the district, may adopt such academy as the aca- demical department of the district, with the consent of the trustees of the academy; and thereupon the trus- tees, by a resolution attested by the signatures of the officers of the board, and filed in the office of the clerk of the county, shall declare their offices vacant, and thereafter the said ac- ademy shall be the academical de- partment of such union free school. Every union free school district, in all its departments, is subject to the visitation of the superintendent of public instruction, who is charged with the general supervision of its board of education, &c. Every board of education, annually between the 1st and 15th of October, reports to the commissioner having jurisdiction, and deposits the report in the town- clerk's office, similarly to the report of the trustees of a school district, and also reports to the superintendent ; of public instruction when and as he may require. For cause shown, and after giving notice of the charge and opportunity of defence, the superin- ' tendent may remove any member of a board of education. Wilful dis- | obedience of any of the superinten- ; dent's lawful requirements, or a want 1 of diligence in obeying, is cause for ! removal. The sum of $125,000 ordered by chap. 541, laws of 1872, to be levied i for each and every year for the benefit of academies and academical depart- l ments of union schools, was, by chap. i 642, laws of 1873, to be annually distributed by the regents of the uni- versity for the purposes and in the ; manner following viz., (1) $3000, or I so much thereof as required, in addi- j tion to the annual appropriation of j $3000 from the literature fund, for the purchase of books and apparatus ; (2) $12,000, or so much thereof as required, in addition to the annual appropriation of $18,000 from the United States deposit fund, for the in- struction of common school teachers; the whole sum to be apportioned and paid to the several institutions which may give such instructions as pro- vided by law, at the rate of $15 for each scholar instructed in a course prescribed by the regents during a term of 13 weeks, and at the same rate for not less than 10 weeks or more than 20 weeks. Any scholar from any common school bearing the certificate of the principal teacher, or of any trustee of such school, that he is qualified to pass the examination, is admitted to the academic examina- ! tion established by the regents in the academies and academical depart- ments of union schools, any common : school, or free school. Free instruc- j tion in the classics, or the higher i branches of English education, or both, are given in every academy and academical department of a union school subject to the visitation of the COMMON SCHOOLS. 559 regents, to all scholars in any acad- emy, free school, or common school, who have received the certificate of academic scholarship issued by the regents, to the extent of $12 ; and if the conditions of the fund will admit, not less than $20 tuition, at the usual rates of tuition ; and in case the tui- tion is free to resident pupils, at the rates charged to non-resident pupils, or at reasonable rates ; but such free instruction must be obtained by the scholars within two years after being examined. The regents can apply, annually, 02500 in book or other premiums, for excellence in scholar- ship and conduct, but not over $10 for one premium, to be paid out of the $125,000. The balance of this $125,000 is distributed as the litera- ture fund is by law directed to be distributed ; but no money shall be paid to any school under the control of any religious or denominational sect or society. It is the duty of the board of edu- cation, in any free school district, upon the application of fifteen resi- dent taxpayers of such district, to call a special meeting in the manner prescribed by law, for the purpose of determining whether application shall be made, in the manner prescribed, for the dissolution of such union free school district, and for its reorgani- sation as a common school district or districts. The question is determined at such meeting by a majority vote of the legal voters present, and voting, by ayes and noes, not to dissolve such union free school district. No other meeting for a similar purpose shall be held within three years thereafter. When two-thirds vote to dissolve, it is the duty of the board of education to present to the clerk of the board of supervisors a certified copy of the call, notice, and proceedings, and he lays the same before the board of supervisors at their next meeting. If the board of supervisors approve of the proceedings, the clerk certifies the same to the board of education. This approval does not take effect until the 30th day of September next succeeding ; but after that date such district ceases to be a union free school district. If any union free school district thus dissolved was established by the consolidation of two or more districts, the board of supervisors can direct that its terri- ' tory be divided in two or more dis- ! tricts, as near as practicable like the former districts ; and an academy, adopted as the academic department : as described, is, upon the application of a majority of the surviving resident former trustees or stockholders, trans- ferred by the board of education to said former trustees or stockholders. The board of supervisors may approve, conditionally upon the payment by the district which has been most greatly benefited by the consolida- tion in the way of buildings and I other improvements to the other dis- | tricts into which the said union free school district is divided, of such sums of money as they may deem equitable, &c. If not approved by the supervisors, no further proceed- ings can be had within the said three years. When the proceedings have been approved by the board of super- visors, and the clerk has certified, it is the duty of the board of education of the district affected forthwith to notify the superintendent of public instruction, and to furnish him copies of the whole proceedings. The school authorities in any city or incorporated village, the schools of which are organised under said Act of 1864, may, when they deem it expedient, establish separate schools for the instruction of children and youth of African descent resident therein and of the school age ; and these schools are supported in the same manner and to the same extent as those for white children, and they 560 COMMON SCHOOLS. are subject to the same rules and regulations, and are furnished with facilities for instruction equal to those furnished to the white schools there- in. The trustees of any union school district may, when the inhabitants determine by resolution, at any an- nual meeting or at a special meeting called for that purpose, establish separate schools for the instruction of the resident coloured children. The teacher must be legally qualified. It is the duty of every school com- missioner, at least once in each year, to organise in his own district, or with other commissioners in the same county in and for the combined dis- tricts, a teachers' institute, and to induce, if possible, all the teachers in his district to be present and take part in its exercises. The superin- tendent of public instruction advises and co-operates with the school com- missioners, and has power to employ, or cause the school commissioners to employ, suitable persons at a reason- able compensation to conduct and teach the institutes ; and he sees that these institutes are properly conducted, &c. , to subserve their purpose. The closing of his school by a teacher, for the time during which the institute is held in his district, does not work a forfeiture of the contract under which he is teaching, if he attended at the insti- tute during such closure ; and he can make up for such closed period by teaching during an equivalent extra period. The trustees of school dis- tricts give teachers the time so spent at institutes without deducting any- thing from wages ; and whether or not there is an equivalent of extra teaching, the superintendent includes the district in his apportionment of the state school-moneys. Any person feeling himself ag- grieved in consequence of any deci- sion made 1. By any school district ; 2. By any school commissioners and other officers in forming or alter- ing, or refusing to form or alter, any school district, or in refusing to ap- portion any school moneys to any such district or part of a district ; 3. By a supervisor in refusing to pay any such moneys to any such district ; 4. By the trustees of any district in paying or refusing to pay any teacher, or in refusing to admit any scholar gratuitously into any school ; 5. By any trustees of any school district library, concerning such li- brary or the books therein, or the use of such books ; 6. By any district meeting in re- lation to the library ; 7. By any other official act or de- cision pertaining to common schools ; may appeal to the superintendent of public instruction, whose decision is tinal and conclusive, and not sub- ject to question or review in any place or court whatever. The super- intendent properly files in his office, in the order of time, all the proceed- ings on every appeal to him ; and copies thereof, authenticated by him under his seal of office, are evidence equally with the originals. It is the duty of the overseers of the poor (laws of 1832, chap. 223) in each town to furnish the superinten- dent of common schools with a list of the deaf and dumb persons in their respective towns, so far as they can ascertain them, with such particulars as such superintendent prescribes ; and from this list the superintendent may select, as state pupils, such in- digent deaf and dumb as are properly embraced within the provisions of law. The Institution of the Deaf and Dumb in the city of New York, and every other similar institution incor- porated in the state, is subject to the visitation of the superintendent of public instruction, who makes an annual report to the legislature. COMMON SCHOOLS. 561 The schools of the several incor- porated orphan asylum societies (laws of 1850, chap. 261), other than those in the city of New York, par- ticipate in the distribution of the school-moneys in the same manner and to the same extent, in propor- tion to the number of children edu- cated therein, as the common schools in their respective cities or districts. These schools are subject to the rules and regulations of the common schools in such cities or districts, but remain under the immediate management and direction of the said societies. The superintendent of public in- struction (laws of 1856, chap. 71) pro- vides the means of education for all the Indian children in the state, and has to ascertain the condition of the various bands in respect to education. He establishes schools in such places and of such character and description as he deems necessary, and employs superintendents for them ; and, with the concurrence of the comptroller and secretary of state, causes to be erected, where necessary, convenient buildings for their accommodation. He endeavours to secure the co-opera- tion of all the several bands of In- dians ; and for this purpose visits by himself or his authorised agent all the reservations where they reside, lays the matter before them in public assembly, inviting them to assist either by appropriating their public moneys to this object, or by setting apart lands and erecting suitable buildings, or by furnishing labour or materials for such buildings, or in any other way which he or they may suggest as most effectual for the promotion of this object. The In- dian children between the ages of four and twenty- one years are en- titled to draw public money the same as white children ; and the superin- tendent causes an annual enumera- tion of them to be made, and sees that the public money to which they are ratably entitled is devoted ex- clusively to their education. The trustees elected in any town having lands assigned to it for the support of the Gospel or of schools, or of both, are a corporation for the purposes of their office, by the name of ' ' The trustees of the Gospel and school lot," in that town for which they are elected. They give bond to the supervisor of the town, with pen- alty and sureties approved by him, for the faithful performance of their duties, which, besides the ordinary powers of a corporation, include 1 . To take and hold possession of the Gospel and school lot of their town. 2. To lease the same for such time not exceeding twenty-one years, and upon such conditions, as they deem expedient. 3. To sell the same, with the advice and consent of the inhabitants of the town in town meeting assembled. 4. To invest the proceeds of such sales in loans, secured by bond and mortgage upon unincumbered real property of the value of double the amount loaned. 5. To purchase the property so loaned upon, upon a foreclosure. 6. To reloan loans repaid. 7. To apply the rents and profits of such lots, and the interest of the money arising from the sale thereof, to the support of the Gospel and schools, or either, as may be pro- vided by law, as thus provided. 8. To render a just and true ac- count of such sales, interest, rents, and profits, and of the expenditure and appropriation thereof, on the Tuesday next preceding the annual town meeting in each year, to the board of auditors of the accounts of other town officers. 9. To deliver over to their suc- cessors in office all books, papers, and securities relating to the same, at the expiration of their respective offices ; and 2 N 562 COMMON SCHOOLS. 10. To take therefor a receipt, which is filed in the clerk's office of the town. The board of auditors in each town annually reports the state of the ac- counts of the trustees of the Gospel and school lots to the inhabitants at their annual town meeting. By laws of 1853, chap. 185, if any child between the ages of five and fourteen years, having sufficient bodily health and mental capacity to attend the public schools, is found wandering in the streets or lanes of any city or incorporated village, idle and truant, without any lawful oc- cupation, any justice of the peace, any police magistrate or justice of the district courts in the city of New York, on complaint thereof by any citizen on oath, and if, on examin- ation, the complaint is satisfactorily established, may require the parent, guardian, or master to enter into an engagement in writing, to the cor- porate authorities, that he will re- strain siich child from so wandering about, keep such child on his own premises or in some lawful occu- pation, and cause such child to be sent to some school at least four months in each year, until he or she becomes fourteen years old,- and in the justice's discretion secur- ity may be required. Should there be no parent, &c., or such parent, &c., refuse or neglect within a rea- sonable time to enter into such en- gagement and give such security, the justice, by warrant under his hand, commits such child to some suitable place which shall be pro- vided by the corporate authorities of every city and incorporate village for the reception of every child which may be so committed, and for em- ployment in some useful occupation, and for instruction in the elementary branches of an English education, and for proper support and clothing. Every child so received is kept in such place until discharged by the overseers of the poor or the com- missioners of the almshouse, and may be bound out as an apprentice by them or either of them, with the consent of any justice of the peace, or any of the aldermen of the city, or any trustee of the incorporated vil- lage where he may be, in the same manner, for the same periods, and subject to the same provisions in all respects as children whose par- ents have become chargeable on any city or town. It is the duty of police officers and constables to make complaints to a justice of the peace, on finding any child in the condition above described. All parents and those who have the care of children shall (laws of 1874, chap. 421) instruct them or cause them to be instructed in spell- ing, reading, writing, English gram- mar, geography, and arithmetic ; and every parent, guardian, or other per- son having control and charge of any child between the ages of eight and fourteen years shall cause such child to attend some public or private day school at least fourteen weeks in each year, eight weeks at least of which attendance shall be consecutive, or to be instructed regularly at home, at least fourteen weeks in each year, in spelling, reading, writing, English grammar, geography, and arithmetic, unless the physical or mental condi- tion of the child is such as to render such attendance or instruction inex- pedient or impracticable. No child under the age of fourteen years shall be employed by any person to labour in any business whatever without his schooling being attend- ed to as prescribed by law. Should the parent or guardian be unable to provide the child with the neces- sary text-books, these are provided by the trustees of the school district, and paid for by the treasurer of the city, or the supervisor of the town. THE BOARD OF EDUCATION IN THE CITY OF NEW YORK. 563 If the person having control cannot induce a child to attend school for the fourteen weeks, and so state in writing to the trustees, such child is thereafter deemed and dealt with as a habitual truant, and such person is relieved from the statu- tory penalties. Two weeks' attend- ance at a half - time or evening school is for all purposes counted as one week at a day school. Under the laws of 1861, chap. 253, there was organised and established in the harbour of New York city a nautical school for the purpose of educating boys in the learning and duty of seamanship and the science of navigation. This school is under the exclusive management and direc- tion of five trustees, who hold office for five years, three of them being designated and appointed by the Chamber of Commerce of the city of New York, and the other two by the governor. These trustees make by - laws for the transaction of business ; and determine the number, station, term of office, and duties of the officers proper for the management of said school and their compensation, and the manner and time of their appointment, and ap- point the same. The trustees have power to receive all funds or pro- perty of the nautical school, and receive such boys as are sent to said school by their parents or guardians. Such boys, when re- ceived, are subject to such regula- tions of conduct and discipline as, in the judgment of the trustees, are best adapted to their proper govern- ment. The trustees have control of the schoolship of the institution, and exercise in relation thereto, and its care, supervision, and management, all necessary powers and duties. They can send any boy in educa- tion at such school on such voyage as they deem advisable for his pro- ficiency and welfare, and may de- clare such sending a discharge from such institution. The trustees also determine the age at which a boy may be taken into the school, with the consent of his parents or guard- ian, and under what circumstances, and at what rates, fees for board and education and tuition may be charged and taken, and to extend to persons qualifying for stations beyond ordinary seamen the ad- vantages of such school. This nau- tical school is at all times open to the inspection and examination of the state superintendent of public instruction, to whom a full report of its affairs is made at such time in the year as he designates. ( Vide post, p. 569.) In each of the state normal schools the course of study embraces instruc- tion in industrial or freehand draw- ing ; and the board of education of each city shall cause free instruction to be given in industrial or freehand drawing in at least one department of the schools under their charge. Unless excused therefrom by the superintendent of public instruction, the board of education of each union school free school district, incorpor- ated by special Act of the legislature, shall cause similar free instruction to be given in the schools under their charge. (Laws of 1875, chap. 322.) THE BOARD OF EDUCATION IN THE CITY OF NEW YORK. GRAMMAR, PRIMARY, AND EVEN- ING SCHOOLS. There is in the city of New York a Board of Education which, under that designation, has full control of the public schools and the public school system of the city, subject 564 THE BOARD OF EDUCATION IN THE CITY OF NEW YORK. only to the general Statutes of the state upon education. This board consists of 21 commissioners of com- mon schools appointed by the mayor, and they hold office during three years, 7 being appointed each year. They shall hold no other office of emolument under the city, state, or national governments, except the offices of notary public and commis- sioner of deeds. The city is divided into eight school districts. On the first Wednesday in November in each year, the mayor appoints in each school district one inspector of com- mon schools, who takes office on the 1st day of January next succeeding, and holds office for three years. The mayor fills vacancies in the offices of commissioner and inspector for the unexpired term. On the first Wed- nesday in December in each year, the Board of Education appoints one trustee for each ward, to hold office for five years from the 1st day of January then next. They must be residents of the ward for which they are severally appointed. Vacancies are filled by the Board of Education for the unexpired term. The mem- bers of the Board of Education meet on the second Wednesday of Janu- ary in each year, and organise, elect- ing one of their number president, and thereafter they meet for the transaction of business as often as they may determine. The board has ample powers con- ferred upon it by statute, and can hold real and personal property for the purpose of public education in the city of New York. It can appoint a city superintendent of schools, and also a superintendent of school build- ings, and regulate their respective duties, powers, salaries, and terms of office with certain restrictions. It can appoint principals and vice- principals for the grammar, primary, and evening schools under its control, upon the written nomination of a majority of the trustees of the ward. Should the persons nominated by the trustees for principal or vice-princi- pal not be appointed by the Board of Education within twenty days after nomination, the Board of Edu- cation has the sole power, after that period, by a majority of the whole number in office at a general meeting or a special meeting called for that purpose, to select and appoint such principal or vice - principal. The Board of Education can organise an institution for females similar to the free academy, as the same existed in 1851. With the consent of the ma- jority of the trustees of the ward, or without such consent, by a vote of two-thirds, the Board of Educa- tion can discontinue any grammar, primary, evening, or coloured school, and may authorise the establishment of a new school upon the application of a majority of the trustees for the ward. The board must decide fin- ally, within thirty-five days after the application was presented to it ; and if it should omit to do so or deny the application, the trustees may ap- peal to the state superintendent of public instruction, whose decision in the matter is binding upon all the parties, and, if adverse to the applica- tion, there shall be no renewal there- of during one year next thereafter. The Board of Education possesses the powers and privileges of a cor- poration for its special purposes, and it is its duty 1. To apportion all the school- moneys raised for current annual ex- penses to the schools entitled to par- ticipate therein. 2. To file with the city chamber- lain, on or before the first Monday of April in each year, a copy of their apportionment, stating the amount apportioned to the schools under the charge of the board, and to the trus- tees, managers, and directors of the several schools. THE BOARD OF EDUCATION IN THE CITY OP NEW YORK. 565 3. To provide evening schools for those whose ages or avocations are such as to prevent their attending the day schools established by law, in such of the ward schoolhouses or other building used for school pur- poses, and in such other places in the city as they may from time to time deem expedient, and also to provide schools for coloured children, and also a normal school, or school for those desirous to become teachers, and for teachers, which shall be at- tended by such of the teachers in common schools as the Board of Edu- cation by general regulations shall direct, under penalty of forfeiture of their situations as teachers, by omit- ting to attend, which forfeiture shall be declared by the board ; and to appoint teachers for the normal and coloured schools, and also, upon the nomination of the trustees of the re- spective wards, to appoint teachers for the evening schools ; and said board shall furnish all needful sup- plies for the evening, normal, and coloured schools. 4. To furnish all necessary supplies for the several schools under their care, &c. 5. To make and transmit, between 15th January and 1st February in each year, to the state superintendent of public instruction, and to the com- mon council of the city of New York, a report in writing, bearing date on the 31st December next preceding, stating the whole number of scholars within their jurisdiction, specially designating the schools for coloured children ; the schools or societies from which reports have been made to the Board of Education within the time limited for that purpose ; the length of time such schools have been kept open ; the amount of public money apportioned or appropriated to said school or society ; the num- ber taught in each school ; the whole amount of money drawn from the city chamberlain for the purposes of public education during the year ending at the date of their report, distinguishing the amount received from the general fund of the state and from all other and what sources; the manner in which such moneys have been expended ; and such other information as the state superinten- dent may from time to time require in relation to common-school educa- tion in the city and county of New York ; and this report is held and taken to be a full compliance with every law requiring a report from the board, or any officer of the city and county of New York, except the city superintendent, relative to the schools in the city, or any matters connected therewith. If the board should neglect to make such annual report within the time limited, the share of school-moneys apportioned to the city and county of New York may, in the discretion of the state superintendent, be withheld until a suitable report shall have been ren- dered. 6. By general rules and regula- tions to provide the proper classi- fication of studies, scholars, and salaries, in such manner that, as near as practicable, the system of instruction pursued in the common schools and the salaries paid to teachers shall be uniform through- out the city. The title to all school property is vested in the mayor, aldermen, and commonalty of the city, but is under the care and control of the Board of Education for the purpose of public education ; and all suits in relation thereto are brought in the name of the board. The Board of Education is the lawful successor of the former Public School Society of the city of New York. It is the duty of the commissioners of common schools 1. To attend all the meetings of 566 THE BOARD OF EDUCATION IN THE CITY OP NEW YORK. the Board of Education ; and the board may declare the office of a commissioner vacant upon his failure to attend three successive stated meetings after having been person- ally notified to attend. 2. To transmit to the board all reports made to them by trustees and inspectors of their respective wards. 3. To visit and examine all schools entitled to participate in the appor- tionment. It is the duty of the inspectors of common schools, or a majority of them in their respective districts, to examine, and before payment to audit, the expenses of any ward in the dis- trict ; to examine at least once in every quarter all the schools in the districts as to punctual and regular attendance of pupils and teachers ; the number, fidelity, and compensa- tion of teachers ; the studies, pro- gress, order, and discipline of pupils ; the cleanliness, safety, warming, ven- tilation, and comfort of the school premises ; whether or not the pro- visions of the school in respect to the teaching of sectarian doctrines or the use of sectarian books have been violated ; and to call the attention of the trustees without delay to every matter requiring effectual action. They shall also, on or before 31st December in each year, make a written report to the Board of Edu- cation and to the board of trustees, in respect to the condition, efficiency, and wants of the district in respect to schools and school premises. It is the duty of the trustees for each ward 1. To have the safe keeping of all premises and property of the ward schools and ward primaries in their respective wards. 2. To appoint by a majority vote, at a meeting of their board, teachers other than principals and vice-prin- cipals, and also janitors. 3. Under the general rules and regulations, and subject to the lim- itations prescribed by the Board of Education, to conduct and manage the said schools, furnish all needful supplies, and make repairs, &c. 4. To procure blank-books, and to keep in one a statement of receipts and expenditures of each of the schools conducted by them, and of all movable property ; and in one book minutes of their meetings ; and in other books the principal teacher of each school and department shall enter the names, ages, and residences of the scholars attending the school, the name of a parent or guardian of each scholar, and the days on which the scholars have respectively at- tended, and the aggregate attendance of each during the year ; also the days on which each school has been visited by the city and assistant superintendents of schools, and the school officers of the ward, and the members of the Board of Education, or any of them, which entries shall be verified by the oath or affirmation of the principal teacher in such school or department. These books are pre- served by the trustees as the property of the school, and are delivered to their successors. 5. To make, at least five days be- fore the 1st of January in each year, or, if the school is kept open after 25th December, when specially desig- nated by the Board of Education, and transmit to said Board, a report in writing, dated 31st December, signed and verified by a majority of the trustees, stating the whole num- ber of schools within their juris- diction, especially designating the schools for coloured children, the length of time each school has been kept open, the whole number of scholars over four and under twenty- one years of age who have been taught, free of expense to such schol- ars, in their schools, during the year ending with the date of the report, THE BOARD OF EDUCATION IN THE CITY OF NEW YORK. 567 &c. , with such other information as the Board of Education requires. Each department, whenever practic- able, is considered as a separate school. 6. To hold as a corporation all personal property vested in or trans- ferred to them for school purposes in their respective wards. 7. To render just and true accounts in writing, and to pay any balance which may remain in their hands, to their successors. 8. To meet at stated times, and to declare vacant, by a vote of a major- ity of the trustees of the ward, the seat of any trustee who refuses or neglects, without satisfactory cause shown by him to the said trustees, to attend any three consecutive stated meetings after having been previously notified to attend. All expenses incurred for the sup- port of common schools in the re- spective wards are certified by the trustees of common schools in such wards, or a majority of them, and de- livered to the inspectors of said ward for examination and audit and for certification to the Board of Educa- tion, which, after the same are paid, files them. The school officers of the ward, after a favourable decision, by purchase, building, or leasing, pro- cure a schoolhouse, plans, specifica- tions, and contracts having been filed with and approved by the Board of Education. The board of trustees may remove teachers, other than principals and vice - principals, and janitors, provided the inspectors ap- prove thereof in writing ; but a teacher removed can appeal to the Board of Education. The city superintendent is subject to such general rules and regulations as the state superintendent of public instruction may prescribe, and ap- peals from his acts and decisions may be made to the superintendent, in the same manner and with like effect as formerly provided by law. He re- ports, in writing, to the state super- intendent, whenever required by him, the whole number of schools in the city and county, distinguishing the schools from which the necessary re- ports have been made to the Board of Education by the commissioners, inspectors, and trustees of common schools, and containing a certified copy of the reports of the Board of Education to the clerk of the city and county, with such additional in- formation required by the state su- perintendent. The city and assistant superintendent take and subscribe the constitutional oath of office, and each holds office for two years, and until his successor is appointed, subject to removal by the Board of Education. They are subject to the rules and regulations of the board, which fixes their respective compensations. It is the duty of the city superinten- dent 1. To visit every school under the charge of the Board of Education as often as once in each year ; to inquire into all matters relating to the gov- ernment, course of instruction, books, studies, discipline, and conduct of such schools, and the condition of the schoolhouses, and of the schools generally ; and to advise and to coun- sel with the trustees in relation to their duties, &c. ; and to examine, ascertain, and report to the Board of Education regarding religious secta- rian teaching and books ; and to make a monthly report with comments to said board, stating which schools he had visited. 2. Under the general rules and regulations prescribed by the Board of Education, to examine into the qualifications of persons proposed as teachers, the examination to be in presence of at least two inspectors. Persons found qualified receive li- cences, signed by the city superin- tendent and at least two inspectors. 568 THE COLLEGE OF THE CITY OP NEW YORK. A licence may be revoked, for causes affecting the morality or competency of the teacher, by the written certi- ficate of the city superintendent and the written concurrence of two of the inspectors of the particular district, which is filed in the office of the clerk of the Board of Education, and a copy served upon the teacher, who can appeal to the state superinten- dent. The superintendent in his an- nual report to the Board of Education includes a list of the licences granted and revoked by him. 3. Generally to promote sound education, elevate the character and qualifications of teachers, improve the means of instruction, and advance the interests of the schools committed to his charge. The superintendent of school-build- ings takes and subscribes the consti- tutional oath, and gives such security for the faithful performance of his duties as the Board of Education may direct. Any teacher may be removed by a three-fourths vote of all the members of the Board of Education, upon the recommendation of the city superintendent, or a majority of the trustees for the ward, or of a majority of the inspectors for the district. Every school officer shall, at the time of his election or appointment, be a resident of the district or ward for which he is appointed ; and every trustee removing from the ward for which he is appointed ; and every school officer removing from the city, thereby vacates his office. All children between five and twenty-one years of age residing in the city and county are entitled to attend any of the common schools therein ; and the parents, guardians, or other persons having the control or care of them are not liable to any tax, assessment, or imposition for the tuition, other than as stated. The schools are called common schools, "ward schools," or ward primaries, and each class is numbered consecu- tively according to the time of their organisation or adoption, and all such schools are under the government of the commissioners, inspectors, and trustees of the ward in which they are located. The ward schools are classified as grammar, primary, and evening schools. THE COLLEGE OF THE CITY OF NEW YORK. The College of the city of New York, formerly known as the Free Academy in the city of New York, continues to be a separate and dis- tinct organisation and body corporate, and as such has the powers and privi- leges of a college, and is subject to the visitation of the regents of the University of the State of New York. The members of the Board of Educa- tion, together with the president of the college, are ex officio the trustees of the college ; and the said regents pay annually to the said Board of Education the distributive share of the income of the literature and other funds to which the college is by law entitled. The trustees of the college annually, on or before loth Novem- ber, report to the board of estimate and apportionment such sum, not exceeding $150,000 in any one year, as they may require, for the payment of the salaries of the professors and officers of the college, for obtaining and furnishing scientific apparatus, books for the students, and all other neces- sary supplies therefor, and for repairs, &c. The Board of Education can con- tinue to furnish through this college gratuitous education to pupils in the city and county common schools for a period, fixed by the board of trus- tees, of not less than one year. And MISCELLANEOUS NAUTICAL SCHOOL. 569 the trustees, upon the recommenda- tion of the college faculty, can grant the usual degrees and diplomas in the arts to those who have completed a full course of study in the college. The trustees make and transmit an- nually, on or before 1st February, to the board of aldermen, and also the secretary of the board of regents, a report in terms similar to the re- ports made and transmitted by other colleges to the board of regents. MISCELLANEOUS. Though the schools have to be un- sectarian, the Board of Education is not authorised to exclude the Holy Scriptures, without note or comment, or any selections therefrom, from any of the schools provided for by said chap. 555, laws of 1864; or to decide what version, if any, shall be used. But the rights of conscience as secured by the constitution of this state and of the United States shall not be violated. The following schools in New York city to wit, the Five Points House of Industry, the Ladies' Home Missionary Society of the Methodist Episcopal Church at the institution in Park Street, and the industrial schools of the Children's Aid Society participate in the dis- tribution of the common school fund the same as common schools, and are subject to the same regulations and restrictions. The New York Orphan Asylum School, the Roman Catholic Orphan Asylum School, the schools of the two Half-Orphan Asylums, the school of the Society for the Refor- mation of Juvenile Delinquents in the city of New York, the school for the Leake and Watts Orphan House, the school connected with the Almshouse, the school of the Association for the Benefit of Coloured Orphans, the schools of the American Female Guardian Society, the schools of the New York Juvenile Asylum, New York Infant Asylum, the Nursery and Child's Hospital, including the country branch thereof, the schools organised under the Acts passed, re- spectively, April llth, 1842, April 18th, 1843, or May 7th, 1844, or amendatory Acts, and including such normal schools for the education of teachers as the Board of Education may have organised, and the schools organised under said chap. 555, laws of 1864, are subject to the general supervision of the Board of Education, and are entitled to participate in the apportionment of said school funds ; but they are under the immediate direction of their respective trustees, managers, and directors. The trus- tees, managers, and directors of any corporate school entitled to a share of school-moneys may at any time convey their schoolhouses and sites to the corporation of the city of New York, and transfer any of their schools to the Board of Education, on the terms prescribed by this board, so as to merge the same in the ward schools, or adopt them as ward schools as if they had been originally estab- lished as ward schools. The manager of the New York Institution for the Blind receives from the Board of Education a ratable proportion of the said school fund to every blind pupil in their institution without regard to age. NAUTICAL SCHOOL. The Board of Education is directed to provide and maintain a nautical school in the city of New York for the education and training of pupils 570 THE HEBREW ORPHAN ASYLUM. in the science and practice of naviga- tion, and may cause the scholar, the pupils, or part of the pupils thereof, to go on board vessels in the harbour of New York, and take cruises in or from said harbour for the purpose of obtaining a practical knowledge in navigation and of the duties of mar- iners. The board is authorised to apply to the United States Govern- ment for the requisite use of vessels and supplies for its purposes. Three members at least of the Board of Education, subject to the control, supervision, and approbation of the Board, constitute an executive com- mittee for the nautical school. The expenses of the school are defrayed from the moneys raised by law for the support of common schools in the city and county of New York. The Chamber of Commerce of New York is authorised to provide for and ap- point a committee of its members to serve as a council of this school, to advise and co-operate with the Board of Education, and from time to time to visit and examine the school, and to communicate in re- spect thereof with such board, or such executive committee thereof, and to make reports to the Cham- ber of Commerce, which may trans- mit to the state superintendent of public instruction any such reports or abstracts therefrom, with recom- mendations. The whole number taught was, in 1883, 76; in 1884. 142; in 1885, 88. (Vide ante, p. 563.) THE HEBREW ORPHAN ASYLUM Is a corporation having the sole and exclusive custody and control of the persons of such orphans, half-orphans, or indigent children of the age not exceeding thirteen years as the trus- tees may agree to maintain, provide for, educate, and instruct during their minority, provided that, in respect to any orphan, the legal guardian or nearest relative, or one of the governors of the almshouse, and in respect to any half-orphans or indigent children, the parents or sur- viving parent or legal guardian con- sents thereto, or that such half-orphan or indigent child is committed to the care and custody of the asylum by any court, magistrate, or police jus- tice of the city of New York. The asylum trustees can bind out any such child, of thirteen years of age at least, to be taught and instructed in some necessary or useful employ- ment. The asylum enjoys the same benefits, and receives for the care, education, and maintenance of such children the like compensation paid, and in the same manner authorised by law, to the New York Juvenile Asylum. By "An Act in relation to the study of Physiology and Hygiene in the public schools," passed March 10, 1884, three-fifths being present, pro- vision shall be made by the proper local school authorities for instructing all pupils in all schools supported by public money, or under state control, in physiology and hygiene, with spe- cial reference to the effects of alco- holic drinks, stimulants, and nar- cotics upon the human system ; and no certificate shall be granted to any teacher who has not passed a satis- factory examination in these subjects. By an Act of 1884, the coloured THE UNIVERSITY OF THE STATE OF NEW YORK. 571 schools of the city of New York have ceased to be distinguished from other ward schools and primaries, and are open for the education of pupils for whom admission is sought, without regard to race or colour. The aver- age attendance in 1882 was 501, and 443 in 1883. According to the 1885 report of the Board of Education of the city of New York, the whole number of schools was divided thus : Xormal college and training depart- ment ...... 2 Grammar-schools For males 46 For females 47 For both sexes (mixed) . . 13 Primary departments of grammar- schools . . . 75 Primary schools . . . .40 Evening schools . . . .28 Nautical school .... 1 Corporate schools (industrial school, reformatories, orphan asylums, &c.) 48 Total . 300 Besides these there reported to the Board of Education 1. The New York Orphan Asylum School. 2. The Roman Catholic Orphan Asylum School. 3. The schools of the two Half- Orphan Asylums. 4. The schools of the Society for the Reformation of Juvenile Delinquents. 9. 10. 11. 12. 13. 14. 15. 16. The schools of the Leake and Watts Orphan Hoiise. The school of the Association for the Benefit of Coloured Orphans. The schools of the American Female Guardian Society. The school established and main- tained by the New York Juvenile Asylum. The House of Reception for Juvenile Asylum. The school established and maintained by the Ladies' Home Missionary Society of the Methodist Episcopal Church. The school established and main- tained by the Five Points House of Industry. The industrial schools estab- lished and maintained under the charge of the Children's. Aid Society. The school established and main- tained by the New York So- ciety for the Relief of the Ruptured and Crippled. Nursery and Child's Hospital. Hebrew Benevolent and Orphan Asylum. Association for Befriending Chil- dren and Young Girls. The whole amount of money drawn from the comptroller for the purpose of public instruction during the year was $4,443,890.30. THE UNIVERSITY OF THE STATE OF NEW YORK. COLLEGES, ACADEMIES, and SELECT SCHOOLS. The University of the State of New York is incorporated under the name of " The Regents of the University of the State of New York," and by that name has perpetual succession, to sue and be sued, to make and use a com- mon seal and alter the same at plea- sure, to hold property, real and per- sonal, to the amount of the annual income of 40,000 bushels of wheat, and to buy and sell and otherwise dispose of lands and chattels. There are twenty-two regents, including the 572 THE UNIVERSITY OF THE STATE OF NEW YORK. governor, lieutenant-governor, secre- tary of state, and the superintendent of public instruction, who are mem- bers of the board ex officio. With the exception of the governor and lieutenant-governor, the regents are appointed by the legislature, and may be removed by a concurrent resolu- tion of the senate and assembly. The failure of any regent to attend, at least once, at any of the meetings of the regents held during any session of the legislature, when they are by law required to meet, without some just cause satisfactory to the board of re- gents, is deemed a resignation ; and it is the duty of the regents to report to the legislature the names of mem- bers whose seats thus become vacant. The officers of the corporation are a chancellor, a vice - chancellor, a treasurer, and a secretary, who are chosen by the regents by ballot, and hold office during the pleasure of the board. Failing the chancellor, the vice-chancellor, and failing both of these, the senior regent in the order of appointment, presides at meetings, and has a casting vote. The annual meeting is held on the evening of the second Thursday in January, at the senate chamber in the Capitol ; and all meetings, except adjourned meet- ings, are held at such time and place as the chancellor, whom failing, &c., appoints. Eight regents form a quo- rum ; and the regents present, what- ever the number, can adjourn, not exceeding ten days at a time. At the request of three regents a meet- ing is at any time called, the order being published in the state paper at least ten days prior to the meeting. The treasurer keeps the books of ac- count, and the secretary the journal of proceedings ; and each regent has always access to, and is permitted to take copies of, all the books and papers of the corporation. The regents are authorised and re- quired, by themselves or their com- mittees, to visit and inspect all the colleges and academies in the state, examine into the condition and sys- tem of education and discipline therein, and make an annual report thereon to the legislature. In the discharge of any duty required by law or by resolution of the senate or assembly, they, or any committee of them, may require any proof or information relating thereto to be verified by oath, and for such pur- poses (and no other) have the powers by law vested in any committee of either house authorised to send for persons and papers. The regents can make such by-laws and ordinances as they judge most expedient for the accomplishment of the trust reposed in them. The regents have the right of con- ferring, by diploma under their com- mon seal, on any person whom they may judge worthy thereof, such de- grees above master of arts as are known to, and usually granted by, any college or university in Europe. A degree of doctor of medicine, granted by the regents, authorises the person on whom it is conferred to practise physic and surgery within the state. The regents can institute examinations as to the attainments in learning of such persons as may appear, and be examined before ex- aminers to be appointed from time to time by the regents, which examina- tions are held at such times and places, and under such rules and regulations, as the regents may from time to time prescribe ; and the reg- ents may, on the recommendation of any such board of examiners, or of a majority of them, confer on any per- son such certificate or diploma, under the seal of the university, as they may deem proper : provided it in no case contains or confers any desig- nation or title of any degree which is now conferred by any college in this state (chap. 372, laws of 1875). THE UNIVERSITY OF THE STATE OF NEW YORK. 573 Should the trustees of any college leave the office of president thereof, or the trustees of any academy leave the office of principal thereof, vacant for the space of one year, the regents shall fill up such vacancy, unless a reason- able cause is assigned for such delay to their satisfaction ; and the person so appointed by the regents continues in office during their pleasure, and has the same salary, emoluments, and privileges as the next immediate predecessor in office enjoyed ; or, if there was no such immediate pre- decessor, such salary as the regents direct to be paid by the trustees out of the funds or property of their col- lege or academy. The regents have the control of the whole income aris- ing from the literature fund, and annually divide such income into eight equal parts, and assign one part to each senate district. Each part so assigned they distribute among such of the incorporated sem- inaries of learning, exclusive of col- leges, within the particular district as are subject to their visitation, by a valid corporate Act. This is done by the comptroller drawing his war- rant in favour of each institution for the sum so awarded to it, in terms of the schedule of distribution delivered to him by the regents. Every such distribution is made in proportion to the number of pupils in each semin- ary who, for four months during the preceding year, have pursued therein classical studies or the higher branches of English education, or of both. But in making this distribution, the board of regents is authorised to apportion a certain part of said moneys, not to exceed the one-fourth part thereof, in proportion to the number of pupils in the several acad- emies and academic departments of union schools, who during the pre- ceding year have passed the advanced examinations required by the Act of 1877 to be passed by common-school teachers. No pupil in any such seminary is deemed to have pursued classical studies unless he has ad- vanced at least so far as to have read in Latin the first book of the ^Eneid, nor to have pursued the higher branches of English education un- less he has advanced beyond such knowledge of arithmetic (including vulgar and decimal fractions) and of English grammar and geography, as is usually obtained in common schools. The regents require each seminary subject to their visitation to make an annual return, on or before the first day of February in each year, to the secretary of their board, which is attested by the oath either of the principal instructor in the seminary by which it is made, or of one of the trustees thereof, and contains 1. The names and ages of all the pupils instracted in such seminary during the preceding year, and the time that each was so instructed. 2. A particular statement of the studies pursued by each pupil at the commencement of his instruction, and of his subsequent studies until the date of the report, together with the books he has studied in whole or in part, and if in part, what portion. 3. An account or estimate of the cost or value of the library, philoso- phical and chemical apparatus, and mathematical and other scientific in- struments belonging to the seminary. 4. The names of the instructors employed in the seminary, and the compensation paid to each. 5. An account of the funds, income, debts, and incumbrances of the semin- ary, and of the application therein of the moneys last received from the regents. On or before the 1st day of March in each year the regents report to the legislature an abstract of all the returns made to them, embracing a general view of the particulars con- 574 THE UNIVERSITY OF THE STATE OF NEW YORK. tained therein, and also state in their report the distribution made by them, during the preceding year, of the income of the literature fund, the names of the seminaries sharing in such distribution, and the amount received by each. The regents prescribe the forms of all returns which they require from colleges and other seminaries of learn- ing subject to their visitation, and may direct such forms and such in- structions as from time to time are given by them as visitors to be printed by the state printer. The expenses of such printing, and all other neces- sary expenses incurred by the regents as a board in the discharge of their official duties, are audited by the comptroller and paid out of the treasury. By chap. 471, laws of 1885, all applications for charters for colleges and academies, and all charters of colleges and academies granted by the regents of the university, and all amendments or alterations of the same, shall be recorded in the office of the secretary of the board of re- gents, instead of the office of the secretary of state. The regents (laws of 1857) have full power to examine, by themselves or their secretary, into the manner in which all institutions of learning subject to their visitation are conducted, to the end that they may report the same to the legisla- ture ; and they are empowered to give such relief to academies in re- lation to the distribution of public funds as had theretofore been ren- dered by the legislature, whenever in their judgment such relief is equit- able and just, or rendered necessary by error in their reports, or by error in the distribution of said funds. No academy or institution of learning shall (laws of 1857) pay to its stock- holders, shareholders, or other per- sons claiming rights of ownership therein, any dividends or any portion of its earnings, or other income from whatever source derived, while there is any outstanding indebtedness against the same ; and all moneys received by the same in the annual distribution of the literature and United States deposit funds shall be applied exclusively by the trustees of such academy or institution towards paying the salaries of teachers, and shall not, in any case, make a part of any dividend to stockholders, &c. The trustees of every college to which a charter is granted are a cor- poration. They meet upon their own adjournment, and as often as sum- moned by their chairman, or, in his absence, by the senior trustee, upon the request in writing of any other three trustees. Notices of such meet- ings are given in a newspaper printed in the county where the college is situated at least six days before the meeting ; and every trustee resident in the county is previously notified in writing. Seniority among the trustees is determined according to the order in which they are named in the charter, and these being ex- tinct, according to the priority of their election. Their number shall not exceed twenty-four, nor be less than ten, and a majority of the whole number is a quorum for the transac- tion of business. The trustees of every college, besides the general powers and privileges of a corpora- tion, have power 1. To elect by ballot their chair- man annually. 2. Upon the death, removal out of the state, or other vacancy in the office of any trustee, to elect another in his place by a majority of the votes of the trustees present. 3. To declare vacant the seat of any trustee who absents himself from five successive meetings of the board. 4. To take and hold, by gift, grant, THE UNIVERSITY OF THE STATE OF NEW YORK. 575 or devise, any real or personal pro- perty, the yearly income or revenue of which shall not exceed the value of $25,000. 5. To sell, mortgage, let, and other- wise use and dispose of such property in such manner as they deem most conducive to the interest of the college. 6. To direct and prescribe the course of study and discipline to be observed in the college. 7. To appoint a president of the college, who holds his office during good behaviour. 8. To appoint such professors, trus- tees, and other officers as they deem necessary, who, unless employed un- der a special contract, hold their offices during the pleasure of the trustees. 9. To remove or suspend from office the president and every pro- fessor, tutor, or other officer employed under a special contract, upon a com- plaint in writing by any member of the board of trustees, stating the misbehaviour in office, incapacity, or immoral conduct of the person sought to be removed, and upon examina- tion, and upon due proof of such complaint ; and to appoint any other person in place of the president or other officer thus removed or sus- pended. 10. To grant such literary honours as are usually granted by any uni- versity, college, or seminary of learn- ing in the United States, and to give suitable diplomas under their seal and the signature of such officers of the college as they deem expedient. 11. To ascertain and fix the salaries of the president, professors, and other officers of the college. 12. To make all ordinances and by-laws necessary and proper to carry into effect the preceding powers. Every diploma granted by such trustees entitles the possessor to all the immunities which, by usage or statute, are allowed to possessors of similar diplomas granted by any university, college, or seminary of learning in the United States. By the laws of 1813, chap. 59, "An Act relative to the University," any citizen or citizens, or bodies cor- porate within the state, being dis- posed to found a college at any place within the same, he or they shall, in writing, make known to the regents the place where, the plan on which, and the funds with which, it is intended to found and provide for the same, and who are proposed for the first trustees ; and if the trustees approve and declare their approbation by an instrument under their common seal, and it ap- pear, at the expiration of a certain time allowed for completing the same, that the plan and proposition are fully executed, then they shall, by act under their common seal, declare that the said college, to be named as the founders signify, and with such trustees, not exceeding twenty-four nor less than ten, as they name, shall forthwith become incorporated, and have perpetual suc- cession, and enjoy all the corporate rights and privileges enjoyed by Columbia College in and by an Act entitled ' ' An Act to institute an university within this state, and for the purposes therein mentioned," passed April 13, 1787. By chap. 82, laws of 1813, "the present trustees of Columbia College and their successors shall be and remain for ever hereafter a body politic and corporate in fact and in name, by the name of ' The Trustees of Columbia College in the City of New York. ' " The powers and privileges of these trustees are simi- lar to those above specified, except that eleven are a quorum for the despatch of business except for the disposal of real estate, or for the choice or removal of a president, for 576 THE UNIVERSITY OF THE STATE OF NEW YORK. either of which purposes there shall be a meeting of at least thirteen trustees. No professor, tutor, or other assistant officer shall be a trustee ; but this does not extend to the provost of the college for the time being, who is eligible as a trustee. The clear yearly value of real estate shall not exceed $20,000. A royal charter was granted in 1754 to King's College, but the colonial days being passed, the name was changed in 1787 to Columbia Col- lege. By this last - mentioned Act the agreement made between the trustees of Union College, in the city of Schenectady, and the mayor, alder- men, and the commonalty of that city relative to the purchase or ex- change of certain real estate lying within the bounds of the city, were confirmed and made valid in law. The sum of $35,000 theretofore paid to the trustees of the college out of the avails of certain lotteries should remain at interest, payable annually, on approved landed security, or should be invested in public stock in such manner as the trustees of the college, from time to time, by and with the consent, in writing, of the person administering the government of the state, or the chancellor thereof, should direct ; and the annual in- come should for ever thereafter be solely and exclusively applied for the support of the professorships in the said college. The principal sum of $35,000 was to remain intact for ever ; and the trustees should an- nually exhibit to the legislature a just, true, and circumstantial ac- count of their proceedings in relation to the disposition and application of the interest which should accrue from this $35,000, and how the principal sum was invested, or to whom and on what security placed at interest. Also the sum of $35,000 paid, or to be paid, to the trustees out of the avails of certain lotteries, should be applied towards the erection of addi- tional edifices for the accommodation of students ; and $10,000 also paid, or to be paid, the trustees out of the avails of certain lotteries, should be invested or put out at interest as aforesaid, one-half of the income to be laid out in establishing and main- taining for ever a classical library, from which all the students in the seminary should be furnished with the books which they are required to study, subject to regulations pre- scribed by the trustees, paying for their use $1.50 per quarter. And further, all indigent students who should make it appear to the faculty of the college that they were finan- cially embarrassed, should, during good behaviour, be furnished, free of expense, with the books necessary for pursuing their education. And further, the remaining half of the income of the $10,000 should for ever be appropriated towards de- fraying the expenses of any such indigent scholars in the seminary. The number of the trustees should not exceed twenty-one, including the chancellor, the justices of the supreme court, the secretary of state, the comptroller, the treasurer, the at- torney - general, and the surveyor- general for the time being, respec- tively, ex officio trustees. And fur- ther, the regents of the university should fill all vacancies of the trustees. It was declared not to be lawful for any person to entice the students of the Union College, or of the grammar-school belonging to the same, into the vice of gaming, by keeping within the first and second wards of the city of Schenectady any billiard-table or other instrument or device for the purpose of gaming ; and that if any person should keep any billiard-table or other instrument or device for gaming within these wards, or should entice or permit THE UNIVERSITY OF THE STATE OF NEW YORK. 577 any such student to game or play at the said billiard-table or other instru- ment or device aforesaid, or should entice or permit them or any of them to enter the place where the same was kept, every person so offending should forfeit the sum of $25 for every such offence, one moiety for the use of the people of this state, and the other to the benefit of such person as should prosecute therefor. It should be the duty of the sheriff of the county, together with the con- stables of the said city of Schenec- tady, to attend the annual com- mencement and the public exhibitions of the said Union College, to preserve peace and good order and prevent any unlawful assemblage and tumult about the same. The charter granted to the College of Physicians and Surgeons in the city of New York by the regents of the university, bearing date 4th June 1812, was, by the laws of 1813, chap. 59, ratified and confirmed, provided always that the amount of the pro- perty which the college shall or may be authorised to hold shall never exceed in value $150,000, current money of New York ; and that the regents reserve to themselves the right of conferring degrees, and ap- pointing the professors or teachers of the several branches of the medi- cal science in the college, and of tilling all such vacancies as ,they arise among the trustees or members there- of; and provided also that any of the trustees of the college shall, in the discretion of the regents, be ap- pointed professors and teachers in the college. The regents may at any time alter and amend the said char- ter, provided such alterations or amendments be not repugnant to the constitution or laws of this state, or inconsistent with vested interests. It was also enacted that when any scholar, educated at any of the acade- mies, on due examination by the 2 president and professors of any col- lege subject to the visitation of the regents, should be found competent, in the judgment of the said president and professors, to enter into the sopho- more, junior, or senior classes of such colleges respectively, such scholar should be entitled to an admission into such of the said classes for which he should be so adjudged competent, and should be admitted accordingly at any one of the quar- terly examinations of such respective classes. But the trustees of the academy must have laid before the regents the plan or system for the education of the students, and have obtained the confirmation thereof, after alteration, amendment, or ap- proval by the regents. By this last-mentioned Act, when- ever it should appear to the regents that the state of literature in any academy was so far advanced, and the funds would admit thereof, that it might be expedient that a presi- dent be appointed for such academy, the regents should in such case sig- nify their approbation thereof under their common seal ; which, being en- tered of record, should authorise the trustees of such academy to elect a president, who should hold and enjoy all the powers that the president of any college recognised by said Act lawfully has, holds, and enjoys ; and such academy thereafter, instead of being called an academy, should be called and known by the name it was called while it was an academy, except that the word college should be used in all cases instead of the word academy ; and should be sub- ject to the like rules, regulations, control, and visitation of the regents as other colleges mentioned in this Act. In 1862, an Act was passed by the Congress of the United States, en- titled ' ' An Act donating public lands to the several states and territories 578 THE UNIVERSITY OF THE STATE OP NEW YORK. which may provide colleges for the benefit of agriculture and the me- chanic arts," the provisions of which were accepted by an Act of the State of New York in the following year ; then, in 1863, another Act (chap. 460) authorised the comptroller of the state to receive from the proper authorities of the United States the land-scrip to be issued for the lands so granted to this state, and to give all necessary receipts or acknowledg- ment therefor. The comptroller was authorised, by and with the approval and concurrence of the lieutenant- governor, attorney-general, treasurer, and chancellor of the university, from time to time, as he might deem pro- per, to sell such land-scrip, or part thereof, in the manner prescribed. All moneys, after payment of ex- penses of management and sale, &c., of the lands, received by the comp- troller, were to be invested in stocks of the United States, or of this state, or in some other safe stocks yielding interest, and to constitute a perpetual fund, the capital of which should for ever remain undiminished, except as provided for by said Act of Congress. The comptroller, in his annual report to the legislature, should state the condition and amount of this fund, the expenditures on account thereof, and all his proceedings and acts in regard thereto ; and all moneys re- ceived by him were forthwith to be deposited in the state treasury, as a trust fund, with which a special office and bank account should be kept by the treasurer, so that these moneys should not be intermingled with the ordinary funds of the state. By laws of 1863, chap. 511, the income, interest, and avails of the investments of this fund were appro- priated to, and should from time to time, as received, be paid over to the trustees of the People's College, located at Havana, in the county of Schuyler, for the use and be- hoof, in the mode and for the pur- poses in said Act of Congress de- nned ; provided that the trustees should show to the satisfaction of the regents of the university, and so to be certified by them, within three years, that they, the trustees, were prepared with at least ten competent professors to give instruc- tion in such branches of learning as are related to agriculture and the mechanic arts, including mili- tary tactics, as required by the said Act of Congress, and that they owned and were possessed of suit- able college grounds and buildings, properly arranged and furnished for the care and accommodation of at least 250 students, with a suitable library, philosophical and chemical apparatus, and cabinets of natural history, and also a suitable farm for the practical teaching of agri- culture, of at least 200 acres, with suitable farm-buildings, farming im- plements, and stock ; and also suit- able shops, tools, machinery, and other arrangements for teaching the mechanic arts, all of which property must be held by the trustees abso- lutely, and be fully paid for ; and provided further that the college should be subject to the visitation of the regents ; and provided fur- ther that the payment should cease whenever, in the opinion of the re- gents, the college should neglect to fulfil the conditions of this appro- priation ; and that whenever the proceeds of the said investments should be in excess of the needs of this college, the regents, who had power to determine the amount of such excess, should notify the comp- troller, and he should thereafter withhold the same from said col- lege ; and further, that the People's College should conform to the Act of Congress, in making an annual re- port, and transmitting copies thereof to the Secretary of the Interior at THE UNIVERSITY OF THE STATE OF NEW YORK. 579 Washington, and to other colleges. The property of the college must not be encumbered, alienated, or dis- posed of by the trustees. When- ever, in the opinion of the regents, the income arising from said in- vestments warrants the same, the People's College shall receive stu- dents from each county in this state, and give and furnish to them instruc- tion in any or all the prescribed branches of study pursued in any department of the institution, free from any tuition fee or any inci- dental charges to be paid to the college; and the regents of the uni- versity shall from time to time de- signate the number of students to be so educated, but they shall be select- ed or caused to be selected by the chancellor of the university and the superintendent of public instruction, who jointly publish such rules and regulations in regard thereto as will, in their opinion, secure proper selec- tions and suitable competition in the academies and public and other schools in the state. The regents also each year, in accordance with the income of the college, determine the number of youths of the State of New York whom the faculty of the college, after due examination, and with the ap- probation of the trustees thereof, shall admit as properly qualified stu- dents, who shall be exempt from any payment for board, tuition, or room rent ; but in the selection of stu- dents preference shall be given to the sons of those who have died in the military or naval service of the United States. The remainder of the income not appropriated to the People's College shall be paid over from time to time, in such manner and proportions as the regents determine, to such of the colleges of the state as are willing to comply in their arrangements and instructions with the requisitions of the Act of Congress, and the regents judge most suitable, having prefer- ence in such selection and division to the existing arrangements of such colleges respectively, for instruction in agriculture and the mechanic arts, and giving preference to colleges en- dowed after the passage of said Act (1863) for the purpose of advancing such instruction. In 1867, Ezra Cornell, and nine others named, and such other persons as might be associated with them for that purpose, were, by chap. 585, created a body politic and corporate, to be known as the Cornell Univer- sity, located in the town of Ithaca, in the county of Tompkins, in this state. The first board of trustees consisted of the ten gentlemen named as in- corporators, the governor, the lieu- tenant-governor, the speaker of the house of assembly, the superintendent of public instruction, the president of the board of faculty of the said corporation, the president of the state agricultural society, and the librarian of the Cornell Library. The eldest lineal male descendant of Ezra Cor- nell shall be one of the trustees there- of ex officio. In addition to the said number of trustees, there were to be elected by them, or by a quorum of them, at their first meeting, by a vote of a majority of such quorum, seven other trustees to act with them as the board of trustees ; but at no time should a majority of the board be of one religious sect or of no religious sect. The number of the permanent trustees, other than those trustees ex officio, including Ezra Cor- nell, is not to exceed fifteen. These fifteen trustees were divided into five classes, holding office respectively five, six, seven, eight, and nine years, and their successors were elected to hold office for five years, so that now three trustees are elected each year by ballot. Thirteen of the ballots cast must concur before any one is there- by elected a trustee. The trustees 580 THE UNIVERSITY OF THE STATE OF NEW YORK. were to be elected by the votes of those of the board of trustees whose term did not expire until the alumni of the university should have reached 100, whereupon and so long as the alumni number 100 or upwards, the trustees to be elected at the end of any year are elected thus : If 45 alumni meet at the university at the time of the annual commence- ment, they, in the manner specified, elect one trustee, but not unless a majority of those present concur in the election. If 45 alumni do not so meet, or meeting do not so elect, or if at any time the alumni do not number 100, the board of trustees elect the three trustees in the manner described. The leading object of this university is to teach such branches of learning as are related to agricul- ture and the mechanical arts, includ- ing military tactics, in order to pro- mote the liberal and practical educa- tion of the industrial classes in the several pursuits and professions in life. But such other branches of science and knowledge may be em- braced in the plan of instruction and investigation pertaining to the uni- versity as the trustees may deem use- ful and proper. Persons of every religious denomination, or of no re- ligious denomination, are equally eligible in all offices and appoint- ments. The corporation may hold real and personal property, not ex- ceeding $3,000,000 in the aggregate. Upon condition that the trustees proved to the satisfaction of the comptroller, within six months after the passage of the Act of incorpora- tion, that Cornell University possessed a fund of $500,000 at least, given by the said Ezra Cornell, absolutely and without any limitation, restriction, or condition whatever, save such as were in accordance with the Act of Con- gress of 1862, and that the said Ezra Cornell should also, within the said six months, pay over to the trustees of Genesee College, located at Lima, in this state, the sum of $25,000 for the purpose of establishing in said Genesee College a professorship of agricultural chemistry, the income, revenue, and avails received from the investments of the proceeds of the sale of the lands, &c. , granted by said Act of Congress of 1862, were appro- priated to, and should from time to time, as the same should be received, be paid over to the trustees of Cornell University, for its use and behoof, and for the purposes in said Act of Con- gress defined. But the trustees of the People's College might, in place of a strict compliance with the condi- tions of the laws of 1863, chap. 511, within three months from the passage of this Act (laws of 1867, chap. 585), deposit such a sum of money as, in addition to what had already been expended, should, in the opinion of the regents, be sufficient to enable the trustees to fully comply with said conditions. If the trustees of the People's College should not within the term have complied to the satis- faction of the regents ; or if, within the said term of three months, they should not have made the deposit as aforesaid, then the said avails, in- come, and revenue received from the investments of the proceeds of the sales of such lands, &c. , should be disposed of to Cornell University, and not before. If the trustees of the People's College should, however, comply so that they should be en- titled to receive and enjoy the bene- fits of said Acts of 1863 and 1867, then the $500,000 given by Ezra Cornell should, in his option or that of his personal representatives or assigns, revert to him or them. The several departments of study in Cor- nell University are open to applicants for admission thereto at the lowest rates of expense consistent with its welfare and efficiency, and without distinction as to rank, class, previous THE UNIVERSITY OF THE STATE OF NEW YORK. 581 occupation, or locality. But with a view to equalise its advantages to all parts of the state, the institution annually receives students, one from each assembly district in the state, and gives them instruction in any or in all the prescribed branches of study in any department, free of any tuition fee or of any incidental charges to be paid to the university, unless to com- pensate for damages needlessly or purposely done by the students to the property of the university. This free instruction is, moreover, accorded to said students in consideration of their superior ability, and as a reward for superior scholarship in the acade- mies and public schools of the state. These students are selected as the legislature from time to time directs, and, until otherwise ordered, they are by said Act directed to be selected as follows : The school commissioners of each county and the board of edu- cation of each city, or those perform- ing the duty of such board, select annually the best scholar from each academy and each public school of their respective counties or cities, as candidates for the university scholar- ship. But in no case shall any per- son having already entered the uni- versity be admitted as one of these candidates. The candidates thus se- lected meet by appointment, and the school commissioners and the board of education, or such of them as at- tend and act, proceed to examine and determine which of the candidates are the best scholars ; and they then select therefrom to the number of one for each assembly district in said county or city, and furnish each of the candidates thiis selected with a certificate of such selection, which entitles such student to admission to said university, subject to the ex- amination and approval of the faculty of said university. In making these selections, preference shall be given (where other qualifications are equal) to the sons of those who have died in the military or naval service of the United States : consideration is had also to the physical ability of the candidate. Whenever any student thus selected has been, from any cause, removed from the university before the expiration of the time for which he was selected, then one of the competitors for his place in the university, from his district, may be elected to succeed him therein, as the school commissioner or commissioners of the county of his residence, or the board of education of the city of his residence, may direct. The founders and benefactors of any academy, or as many of them as have contributed more than one-half of the property collected for the use thereof, may make to the regents an application in writing under their hands, requesting that such academy may be incorporated, nominating the first trustees and specifying the name by which the corporation is to be called. Should the regents approve, they declare, by an instrument under their common seal, their approba- tion ; and the request and instru- ment of approbation are recorded in the office of the secretary of state. Immediately thereupon, the property and funds of the academy are vested in the trustees so nominated, for the use and benefit of the academy. An academy or high school for literary, scientific, charitable, or religious pur- poses may lawfully issue, create, and possess a capital stock not exceeding $10,000, which is deemed personal property, and is issued in shares of not less than $10 each; and in the election of trustees of any such cor- poration, each stockholder has one vote upon each share of stock then actually owned by him. Whenever any such corporation, formed for the purpose of establishing an academy 582 THE UNIVERSITY OF THE STATE OF NEW YORK. or high school, has erected a building for school purposes of the value of jj>2000, and has in all other respects complied with the conditions pro- vided by law to authorise the regents to incorporate academies, such in- corporation is declared an academy by the regents, and enjoys all the rights and privileges conferred by law on the academies of this state. The trustees of every such academy are a corporation by the name ex- pressed in the instrument of appro- bation, and shall not be more than twenty - four nor less than twelve ; and seven form a quorum for the transaction of business. Their gen- eral powers and privileges are 1. To adjourn from time to time, as they may deem expedient. 2. To elect by ballot their presi- dent, who holds his office for one year, and until another is chosen in his place. 3. Upon the death, resignation, refusal to act, removal out of this state, or other vacancy in the office of any trustee, to elect another trus- tee by a majority of the votes of the trustees present. 4. To take and hold, by gift, grant, or devise, any real or personal pro- perty, the clear yearly income or revenue of which shall not exceed the value of $4000. 5. To sell, mortgage, let, or other- wise use and dispose of such property for the benefit of the academy. 6. To direct and prescribe the course of discipline and study in the academy. 7. To appoint a treasurer, clerk, principal, masters, tutors, and other necessary officers of the academy, who, unless employed under a special contract, hold their offices during the pleasure of the trustees. 8. To ascertain and fix the salaries of all the officers of the academy. 9. To remove or suspend from office any officer employed under a special contract, upon a complaint in writing by a trustee of the misbe- haviour in office, incapacity, or im- moral conduct of such officer, and upon examination and due proof of the truth of such complaint ; and to appoint another in his or her place. 10. To make all ordinances and by-laws necessary and proper to carry into effect the preceding powers. The trustees meet upon their own adjournment, and as often as sum- moned by their president or the senior trustee actually exercising his office, and residing within three miles of such academy, upon the request in writing of any other three trustees such requested meeting being held not less than five nor more than twelve days from the time of the request. Previous notice in writing of every such meeting is affixed on the door of the academy within two days after its appointment. The president or senior trustee present presides. Seniority is according to the order of nomination in the writ- ten application to the regents ; and, after the first trustees become ex- tinct, according to priority of elec- tion. If a trustee refuses or neglects to attend any two successive legal meetings of the trustees, after having been personally notified to attend, and if no satisfactory cause of his non-attendance be shown, the trus- tees may declare his office vacant. A trustee refusing or neglecting for one year to attend the legal meetings of the board of trustees, his non- attendance is deemed a resignation. The trustees at their annual meeting may reduce the number of the orig- inal board, where it exceeds twelve, to any number not less than twelve, by abolishing the offices of those who omit to attend such meeting, and have omitted to attend two other legal meetings after notice. Where a vacancy happens in the office of a trustee, and is not tilled by the elec- THE UNIVERSITY OF THE STATE OP NEW YORK. 583 tion of another trustee within six months thereafter, the office of trus- tee so becoming vacant is abolished, where the number of trustees exceeds twelve. Every academy or institu- tion of learning subject to the visita- tion of the regents, has to declare on its minutes the termination of the academic year, which must be be- tween the 20th June and the loth September in each year. The annual report for such academic year is made up and transmitted to the regents before 1st October, and the regents have to present their annual report to the legislature within ten days before the opening of the session in each year. No religious qualification or test is required from any trustee, president, principal, or other officer of any in- corporated college or academy, or as a condition for admission to any privilege in the same. No professor or tutor of any incorporated academy shall be a trustee of such academy ; and no president, professor, or tutor of any incorporated college, or prin- cipal of any incorporated academy, has a vote in any case relating to his own salary or emoluments ; and no such president, principal, or other officer shall be a regent of the uni- versity. No trustee of a college or academy shall act as a regent or vice versa; if appointed, he has to elect in which office he will serve, and give notice of such election to the authority by which he is appointed within sixty days from the time of his appointment, otherwise such appointment is void. Every college and academy subject to the visitation of the regents makes such returns and reports to the reg- ents in relation to the state and dis- position of its property and funds, the number and ages of its pupils, and its system of instruction and dis- cipline, as the regents from time to time require. The regents of the university can at any time, by an instrument under their common seal, recorded in the office of the secretary of state, incor- porate any university or college, or any academy or other institution of learning, under such name, with such number of trustees or other managers, and with such powers and privileges, and subject to such limitations and restrictions in all respects, as may be prescribed by law, or as the said regents may deem proper in confor- mity thereto ; and every institution so incorporated, in addition to the powers thus vested in it, has the general powers of such a corporation. At any time the regents may, on sufficient cause shown, and by an instrument under their common seal, recorded as aforesaid, alter, amend, or repeal the charter of any college, university, academy, or other insti- tution of learning incorporated by them, and may, on the petition of any college, academy, or other insti- tution of learning in this state subject to their visitation, alter or modify the charter, and the rights, powers, and privileges of such institution, in such manner, and on such terms and conditions, as they may deem proper. The trustees of any academy having a capital of $10,000, as already spe- cified, may, by their by-laws, pre- scribe the mode and manner of elect- ing trustees of such academy, and make all necessary rules and regula- tions relative to such election, and arrange that one-third of the trustees be elected annually. The term of office of such trustees is three years, and six trustees form a quorum. They may fill vacancies by death, resignation, removal from the state, or otherwise. The capital stock of any such academy shall not exceed $50,000 (laws of 1853, chap. 184). Any citizens, not less than ten in number, of whom a majority are in- habitants of the state, who desire to 584 THE UNIVERSITY OF THE STATE OF NEW YORK. found and endow a medical or sur- gical college or school within the state, may make, sign, and acknow- ledge, before some officer authorised to take the acknowledgment of deeds, a certificate in writing, in which are stated the corporate name of the pro- posed institution, the names of the persons proposed for first trustees, the plan on which, and the funds with which, it is intended to found and provide for said institution, and the name of the town or city in which it is proposed to locate the same ; and file such certificate in the office of the secretary of state, and transmit a duplicate thereof to the presiding officer of the regents of the University of the State of New York. If these regents are satisfied that $50,000 have been bona fide subscribed for the endowment of such institution, and two-thirds thereof, at least, have actually been paid in, &c., to be in- vested in buildings and site for col- lege, museum, library, apparatus, and other needful appurtenances of a medical college, they shall, by act under their seal, grant a charter, pursuant to the provisions of this Act, for the incorporation of such col- lege for a term of five years, with a condition or proviso therein, that if, within these five years, the trustees of said college present to the regents satisfactory evidence that there has been paid in and invested as pre- scribed the whole $50,000, the char- ter shall be made perpetual. Upon the fulfilment of this condition, or upon the payment in the first in- stance of $50,000, the regents grant the college a perpetual charter. Such college may hold real and personal property to the amount of $200,000 ; but the funds and property must be used for the legitimate business of the institution, in the promotion of medical and surgical science, and in- struction in all departments of learn- ing connected therewith. The col- lege is subject to the general provisions of law, so far as applicable, regulating the practice of physic and surgery within the state. It is subject to the visitation of the regents of the university, and makes an annual re- port to them, on oath, of the condi- tion of the college and the various matters required by law to be reported by other colleges and academies, and of the investment of its funds ; and if at any time it appears that the sum required to be paid in has not been invested in the manner pre- scribed, the regents are empowered to vacate and annul its charter. The trustees for the time being of everj' college incorporated pursuant to this Act can grant and confer the degree of doctor of medicine upon the recommendation of the board of professors of said college, and of at least three curators of the medical profession appointed by said trustees. But no person shall receive a diploma conferring such degree unless he be of good moral character and of the age of twenty-one years ; and shall have received a good English educa- tion ; and shall have pursued the study of medicine, and the sciences connected therewith, for at least three years after the age of sixteen years ; and have received instruction from some physician and surgeon, fully qualified to practise his profession, until he is qualified to enter a med- ical college ; and (except as thereafter provided) shall also, after that age, have attended two complete courses of lectures delivered in some incor- porated medical college. The board of trustees of every such college shall, upon payment of matriculation and demonstrators' fees (which shall not exceed the sum of $5 each), admit to its course of instruction, without fur- ther charge, any number of young persons of the State of New York (not exceeding ten at any one time), of good scholarship and moral char- THE UNIVERSITY OF THE STATE OF NEW YORK. 585 acter, who are in indigent circum- stances. The evidence of qualifica- tion is a certificate from the judge of the county in which the applicant re- sides. (Laws of 1853, chap. 184.) The founders and benefactors of any school established on the system of Lancaster or Bell or any other system of instruction approved by the board of regents, or as many of such found- ers as have contributed more than one- half of the property collected or ap- propriated for the use of the school, may make to the regents an applica- tion in writing, requesting that such school may be incorporated, nominat- ing the first trustees, and specifying the name by which the corporation is to be called. If they approve, the regents, by an instrument under their common seal, declare their approba- tion of the incorporation of the trus- tees of the school by the name speci- fied in the application. The request and instrument of approbation are re- corded in the office of the clerk of the county in which the school is estab- lished. Besides the general powers and privileges of a corporation, the trustees have special powers much the same as those of trustees of an academy. The clear yearly income or revenue of the real and personal property shall not exceed $4000. The trustees of any one or more common school districts in any city, town, or village of this state, within which any Lancasterian or other se- lect school is established, with the consent of a majority of the taxable inhabitants of such districts, expressed at a meeting called for that purpose, may agree with the trustees of such incorporated school to make the same a district school ; and during the continuance of such agreement it becomes a common school, and is entitled to all the benefits and priv- ileges and subject to all the regula- tions of other district schools. Every school incorporated as described is subject to the control and visitation of the regents ; and makes such re- turns and reports in relation to the state and disposition of its property and funds, the number and age of its pupils, and its system of instruction and discipline, as the regents from time to time require. Besides the state normal schools, there are various local normal and training schools supported by taxa- tion and under the control of the public authorities. These are estab- lished by special local Acts. In 1844 an Act was passed direct- ing the treasurer to pay, on the war- rant of the comptroller, to the order of the superintendent of common schools, from that portion of the avails of the literature fund which had been ap- propriated in 1834 to the support of academical departments for the in- struction of teachers of common schools, the sum of $9600, to be ex- pended, under the direction of said superintendent and the regents of the university, in the establishment and support of a normal school for the in- struction and practice of teachers of common schools in the science of education, and in the art of teaching, to be located in the county of Albany. $10,000 was also to be likewise paid annually thereafter from the revenue of the literature fund for the main- tenance and support of the school so established. This school was put under the supervision, management, and government of the superinten- dent and regents, who were to make all needful rules and regulations, to fix the number and compensation of teachers and others employed therein, to prescribe the preliminary examina- tion, and the terms and conditions on which pupils should be received and instructed therein, the number of 586 THE UNIVERSITY OF THE STATE OF NEW YORK. pupils from the respective cities and counties conforming as nearly as might be to the ratio of the popula- tion, to fix the location of the school and the terms and conditions on which the grounds and buildings therefor should be rented should the corporation of the city of Albany not provide the same, and to provide in all things for the good government and management of the school. They should appoint a board consisting of five persons, including the superin- tendent, who should constitute an executive committee for the care, management, and government of the school, and should from time to time make full and detailed reports to the superintendent and regents, and, among other things, recommend the rules and regulations which they deemed necessary and proper for the school. The superintendent and re- gents should annually transmit to the legislature a full account of their j proceedings and expenditures of said moneys, together with a detailed re- port by the executive committee of the progress, condition, and prospects of the school. In 1848 the treasurer was directed to pay, to the order of the superin- tendent, from the general fund, a sum not exceeding $15,000, to be ex- pended in the erection of suitable buildings for the accommodation of the state normal school, upon ground owned by the state lying in the rear of the geological rooms. In 1850 it was directed that the treasurer should pay, to the order of the superintendent of common schools, from the general fund a sum not ex- ceeding $1000 per year, for the sup- port and education of the Indian youth in the state normal school. The selection of such youth should be made by the said superintendent from the several Indian tribes located within the state, due regard being had to a just participation in the pri- vileges by each of the several tribes, and, if practicable, also to the popula- tion of each tribe in determining such selection. Such youth should not be under sixteen years of age, nor should any of them be supported or educated at the normal school longer than three years. The executive committee of the state normal school (five per- sons, including the superintendent as stated) should be the guardians of the Indian youth during the period of their connection with the school, and pay their necessary expenses, not to exceed $100 per year for each pupil, to be defrayed out of said $1000; and these Indian pupils should enjoy the same privileges of every kind as the other pupils attend- ing the school, including the payment of travelling expenses, not exceeding $10 to each pupil. In 1866 the governor, lieutenant- governor, secretary of state, comp- troller, state treasurer, attorney- general, and the superintendent of public instruction, were appointed a commission to receive proposals, in writing, in regard to the establish- ment of normal and training schools for the education and discipline of teachers for the common schools of the state, from the board of super- visors of any county in the state, from the corporate authority of any city or village, from the board of trustees of any college or academy, and from one or more individuals. These proposals should contain spe- cifications for the purchase of lands and the erection thereon of suitable buildings for such schools, or for the appropriation of land and buildings to such use, and also for the fur- nishing with furniture, apparatus, books, and everything necessary for support and management. Should any such proposals be accepted, said board or corporate authorities should have power to raise by tax and ex- pend the money necessary to carry THE UNIVERSITY OF THE STATE OF NEW YORK. 587 the same into effect ; and, if deemed expedient, to borrow money for such purpose for any time not exceeding ten years, and issue corporate bonds of said county, city, or village there- for. The powers of the commission were to cease when the schools were ready for opening in accordance with the proposals accepted, and this had been certified in writing ; and there- upon the superintendent of public instruction was to appoint a local board, consisting of not less than three persons, to respectively hold their offices until removed by the concurrent action of the chancellor of the university and the said super- intendent, who should have the im- mediate supervision and management of such school, subject however to his general supervision, and to his direction, in all things pertaining to the school. This local board has power to appoint one of their num- ber chairman, and another secretary of the board. Two - thirds of each board forms a quorum for the trans- action of business, and in the ab- sence of any officer of the board, an- other member may be appointed ad interim to till his place, and perform his duties. This board makes and establishes, and from time to time alters and amends, subject to the ap- proval of the said superintendent, such rules and regulations for the government of such schools under their charge respectively as they deem best. They also severally transmit, through the superinten- dent, and subject to his approval, a report to the legislature on the first day of January in each year, showing the condition of the school under their charge during the year next preceding, &c. , and specially includ- ing an account in detail of their receipts and expenditures, duly veri- fied by the oath or affirmation of their chairman and secretary. The local board, subject to the approval of the superintendent, prescribes the course of study to be pursued in each of said schools ; and the super- intendent determines what number of teachers shall be employed in each school, and their wages, whose em- ployment shall also be subject to his approval. He orders, in his discretion, that one or more of said schools shall be composed exclusively of males and one or more of females ; decides upon the number of pupils to be admitted to each school ; and pre- scribes the time and manner of their selection ; but he takes care in such selection that every part of the state has its proportionate representation in such school as near as may be ac- cording to population ; but if any school commissioner district or any city is not, for any cause, fully repre- sented in either of said schools, then the superintendent may cause the maximum number of such pupils to be supplied from any part of the state, giving preference however to those living in the county, city, or village where such school is situated. All applicants are subject, before ad- mission, to a preliminary examination before such of the teachers of the school as are designated by the local board for that purpose, and those who pass such examination are ad- mitted to all the privileges of the school, free from all charge for tui- tion, or for the use of books or appar- atus, but every pupil pays for books lost by him, and for any damage of books in his possession. Any pupil may be dismissed from the school by the local board for immoral or disor- derly conduct, or for neglect or ina- bility to perform his duties. The superintendent of public instruction prepares suitable diplomas, to be granted to the students who have completed one or more of the courses of study and discipline prescribed ; and a diploma signed by him, the chairman and secretary of the local 588 THE UNIVERSITY OF THE STATE OF NEW YORK. board, and the principal of the school, is of itself a certificate of qualification to teach common schools ; but such diploma may be annulled for the immoral conduct of its holder. $12,000 are annually appropriated for the support of each of the nor- mal and training schools so organ- ised, payable out of the income of the common school fund, to be paid by the treasurer, on the warrant of the comptroller upon the certificate of the superintendent of public in- struction affixed to the proper ac- counts, verified by the oath or affirmation of the local board of each school ; but no such money shall be paid for the pin-chase of any ground, site, or buildings. Local boards shall not consist of more than thirteen members. The local boards of managers of the respective normal schools have the custody, keeping, and manage- ment of the grounds and buildings provided or used for the purposes of such schools respectively, and other property of the state pertaining thereto. Wilful trespass in or upon, or wilful injury to, any of the said property, is a misdemeanour punish- able by fine and imprisonment, or either. For the purpose of protect- ing and preserving such buildings and other property, and preventing injuries thereto, and preserving order, preventing disturbances, and preserv- ing the peace in the buildings and upon the grounds, the local boards of managers of each normal school have power, by resolution or otherwise, to appoint from time to time one or more special policemen, and to re- move the same at pleasure, who are public officers, with the same powers as constables of the town or city where such school is located, whose duty it is to preserve order, protect the property, arrest any and all per- sons making any loud or unusual noise, causing any disturbance, com- mitting any breach of the peace or misdemeanour, or any wilful trespass, and convey any persons so arrested, with a statement of the cause of the arrest, before a proper magistrate, to be dealt with according to law. An Act passed in 1853 directed the treasurer to pay yearly, out of the income of the United States deposit or literature funds not otherwise ap- propriated, to the trustees of one or more academies in each county, as the regents of the university should designate, the sum of 010 for each scholar, not to exceed twenty - five scholars to each academy, who should have been in such academy instruct- ed, under a course prescribed by the regents, during at least one-third of the academic year, in the science of common-school teaching. This Act was amended in 1855, and the treas- urer was directed to pay out of said unappropriated income the sum of $18,000 yearly for instruction in academies in the science of common- school teaching, under a course of study prescribed by the regents of the university, to be paid thus : to the trustees of all academies selected for that purpose by the regents in the state, the sum of $10 for each scholar, not to exceed twenty scholars to each academy, who should have been in such academy instructed, as above described ; and a sum not ex- ceeding $3000, portion of the $18,000, for instruction in such academies in physiology and the laws of health, and such other special subjects as the said regents should deem neces- sary, to be taught on a uniform sys- tem in all the academies so selected as aforesaid by a teacher or teachers, on the certificate of the regents that the said uniform course of instruction has been given by such teachers, under their directions, in conformity with said provisions. In 1877 the treasurer was directed to pay yearly, out of the not other- THE NEW YORK AGRICULTURAL EXPERIMENT STATION. 589 wise appropriated income of the I United States deposit fund, $35,000, to be applied thus : $30,000 for the instruction in academies and union | schools in the science and practice of common - school teaching, under a ! course prescribed by the regents of ] the university ; and $5000 to the [ regents for establishing and conduct- j ing examinations as to attainments in learning, under the direction of the regents. The academies and union schools are designated by the regents, and are distributed among the counties as nearly as well may be, having reference to the number of school districts in each, to loca- tion, and to the character of the in- stitutions selected. Every academy and union school so designated shall instruct a class of not less than ten nor more than twenty-five scholars ; and every scholar admitted to such class continues under instruction not less than ten weeks in one school term. The regents prescribe the conditions of admission to the classes, the course of instruction, and the rules and regu- lations under which said instruction is given, and, in their discretion, de- termine the number of classes which may be formed in any one year in any academy or union school, and the length of time, exceeding ten weeks, during which such instruction may be given all to be in the same school term. Instruction is free to such admitted scholars who have con- tinued in such classes the said length of time required. The trustees of all the academies and union schools in which such instruction is given, are paid from the said appropriation at the rate of $1 for each week's instruc- tion of each pupil, on the certificate of the regents, furnished to the comp- troller. The regents establish in the academies and academic departments of union schools, subject to their visi- tation, examinations in such branches of study as are commonly taught in the same, and determine the rules and regulations in accordance with which they are conducted. The ex- aminations are prescribed in such studies, and are arranged in such a manner as in the judgment of the regents will furnish a suitable stand- ard of graduation from said academies and academic departments of union schools and of admission to the sev- eral colleges ; and the regents confer such honorary certificates or diplomas as they deem expedient upon those pupils who satisfactorily pass these examinations. The regents can es- tablish examinations as to attain- ments in learning of any persons ap- plying for admission to the same, prescribe rules and regulations for the admission of candidates to said examinations, and for conducting them, and confer and award such degrees, honorary testimonials, or diplomas, to persons who satisfactor- ily pass such examinations, as the regents may deem expedient. They audit and certify to the comptroller all accounts for the expenses of estab- lishing and conducting such examin- ations, and all contingent expenses attending the same, and the amounts thereof are paid from the said $35,000, which sum is made up of $17,000 added to the $18,000 appropriated by the general appropriation Act of 1877. THE NEW YORK AGRICULTURAL EXPERIMENT STATION. The New York Agricultural Ex- periment Station was established as an institution by chap. 502, laws of 1880, for the purpose of promoting agriculture in its various branches by scientific investigation and experi- ment. The management is com- mitted to a board of nine trustees, 590 AGRICULTURAL SOCIETIES. known as the board of control of the state experiment station. The gov- ernor is a trustee ex officio, and six trustees form a quorum. The board of control has the general manage- ment of the station, and appoints a director to have the general over- sight and management of the ex- periments and investigations which are necessary to accomplish the ob- jects of the institution, and may em- ploy competent and suitable chemists and other persons necessary to the carrying on of the work of the station. It may acquire, by lease or otherwise, such real estate as may, in its judgment, be necessary for carrying on the work ; and has the direction of the expenditure of all moneys appropriated to the institu- tion for the purposes aforesaid, or otherwise received ; and annually makes a full report to the legislature of its proceedings, receipts, and ex- penditures. All property acquired belongs to the state, and is disposed of, and used, only as authorised by law. AGRICULTURAL SOCIETIES. Any ten or more persons of full age, citizens of the United States, and a majority of them citizens of this state, who desire to form a county or town agricultural society in any county, town, city, or village in the state, may do so by taking the usual steps for forming an incor- poration. There can be but one county society in any one county, and but one society in any one town ; but any two or three or four towns may join and organise a society for the same ; but such organisation does not prohibit the organisation of any town society for either one of such towns. The presidents of the several county societies, or a delegate chosen by them annually for the purpose, are ex officio members of the New York State Agricultural Society. It is the duty of this state society, and the several county societies, and the American Institute in the city of New York, annually to regulate and award premiums on such articles, productions, and improvements as they deem best calculated to promote the agricultural and household manu- facturing interests of the state, having especial reference to the net profits which accrue, or are likely to accrue, from the mode of raising the crop or 1 stock, or the fabrication of the article offered, with the intention that the reward shall be given for the most i economical or profitable mode of com- petition ; provided always that before any premium shall be delivered, the person claiming the same, or to whom the same may be awarded, shall de- liver in writing to the president of the society as accurate a description of the process in preparing the soil, including the quantity and quality of the manure applied, in raising the crop, and the kind and quantity of food in feeding the animal, as may ' be ; and also of the expense and pro- ', duct of the crop, or of increase in the value of the animal, with the view of showing accurately the profit of cul- tivating the crop or feeding or fatten- ing the animal. The presidents of the State Agricultural Society and of the American Institute, and the presidents of the several county so- cieties, who receive or expend any moneys appropriated by the state, annually, on or before the first Feb- ruary, transmit to the comptroller a detailed account of the expenditure of all such moneys, and also the vouchers ; and the presidents of the several county societies, and of the American Institute, annually trans- SUPPORT OF THE POOR. 591 mit, on or before the first of March, to the executive committee of the New York State Agricultural Society, all such reports or returns as they are required to demand and receive from applicants for premiums, together with an abstract of their proceedings during the year. This executive committee examines all these reports and returns, and condenses, arranges, and reports the same, together with a statement of its own proceedings, to the secretary of state in the month of January in each year. SUPPORT OF THE POOR. Every poor person who is blind, lame, old, sick, impotent, or decrepit, or in any other way disabled or en- feebled so as to be unable by his work to maintain himself, is main- tained by the county or town in which he may be, according to the provisions of law. The board of supervisors in any county, at any annual meeting of such board, can direct by resolution that thereafter only one county superintendent of the poor shall be elected in and for such county to hold office for three years ; but in all counties where no such resolution has been passed, three county superintendents of the poor are elected at the general election, it being so arranged that one superin- tendent be elected annually. The board of supervisors can also, at any annual meeting, revoke a resolution that there shall be only one county superintendent. Superintendents and overseers can administer oaths. These superintendents form a corporation by the name of the superintendents of the poor of the county for which they are appointed, and possess the usual powers of a corporation for public purposes. They have a gen- eral superintendence and care of the county poor who may be in their respective counties, and have power 1. To provide suitable places for the keeping of such poor, when so directed by the supervisors of any county, where there are not already houses for that purpose erected by the county, to rent tenements and land not exceeding fifty acres, and to cause the poor to be maintained in such places. 2. To establish and ordain pruden- tial rules, regulations, and by-laws for the government and good order of such places, and of the county poor- houses, and for the employment, relief, management, and government of the persons placed therein, which rules, &c., must be sanctioned by a majority of the judges of the county court in writing. 3. To employ keepers thereof, and all necessary officers and servants, and to vest in them necessary powers, reserving to the paupers the right of appeal to the superintendents. In each county where there is more than one superintendent of the poor, and where there is a poorhouse, the super- intendents appoint a keeper and phy- sician therefor. 4. In counties where a poorhouse is erected, or other place provided, to purchase furniture, implements, and materials necessary for the main- tenance of the poor therein, and their employment in labour or manufac- tures, and to sell and dispose of the proceeds of such labour. 5. To prescribe allowances for the bringing of paupers to the county poorhouse, &c. , subject to such alter- ations as the board of supervisors may by a general resolution make. 6. To authorise keepers to certify the amount due to any person for bringing such paupers, the amount to be paid by the county treasurer 592 SUPPORT OF THE POOR. on the production of such certificate, countersigned and allowed by any two superintendents. 7. To decide any dispute arising concerning the settlement of any poor person summarily upon a hearing of the parties, and for that purpose to issue subpoenas to compel the attend- ance of witnesses, and to administer oaths to them, in the same manner, with the like power to enforce such process, as is given to justices of the peace in any matter cognisable by them, their decisions to be filed in the office of the county clerk within thirty days after they are made, and to be conclusive and final upon all parties interested. 8. To direct the commencement of suits by any overseers of the poor who are entitled to prosecute for the penalties, or upon any recognisances, bonds, or securities taken for the indemnity of any town or of the county ; and in case of the neglect of any such overseer, to commence and conduct such suits, without the authority of the overseers, in their names. 9. To draw from time to time on the county treasurer for all necessary expenses incurred in the discharge of their duties, the drafts to be paid out of moneys placed in his hands for the support of the poor. 10. To render to the board of supervisors of their county at their annual meeting an account of all moneys received and expended by them or under their direction, and of all their proceedings. 11. To pay over all moneys re- maining in their hands, within fifteen days after the expiration of their office, to the county treasurer or to their successors. Where a county poorhouse is not already erected, the board of super- visors may, at any annual or special meeting, determine to erect one ; and, upon filing such determination with the clerk of the county, may direct the superintendents of the poor to purchase one or more tracts of land, not exceeding 200 acres, and to erect thereon one or more suitable buildings. To defray the expenses, the board may raise by tax on the real and personal estate of the in- habitants of the same county a sum not exceeding $7000, by such instal- ments and at such times as they judge expedient, to be raised, &c., as other county charges, and paid by the county treasurer to the super- intendents of the poor of the count}'. In those counties where the super- visors determine to abolish the dis- tinction between town poor and county poor, and to have all the poor a county charge, it is the duty of the clerk of the board of super- visors immediately to serve notice of such determination to the overseers of the poor in every town in the county. Within three months after the service of such notice, the over- seers of every town pay over all moneys which remain in their hands, after discharging all demands against them as such overseers, to the county treasurer, to be applied by him to- wards the future taxes of such towns. In those counties in which the dis- tinction between county poor and town poor prevails, the excise money collected in any town, and all penal- ties given by law to the overseers of the poor, when received, are applied to the use of the poor in the town in which such money and penalties are collected. Under the revised laws of the State of New York, all costs and charges attending the examinations, conveyance, support, and necessary expenses of paupers within certain counties respectively, are a charge upon the said counties, without reference to the number or expense of paupers which may be sent to the poorhouse of said counties from or by any of the towns therein. These SUPPORT OF THE POOR. 593 charges and expenses are reported by the superintendents of the coun- ties to the boards of supervisors therein respectively, and are as- sessed, &c. , in the counties in the same manner as other county charges. The board of supervisors of any county, at any annual meeting, or at any special meeting called for that purpose, may determine to abolish all distinction between county poor and town poor, and to have the expense of maintaining all the poor a county charge ; and upon their filing such determination, duly cer- tified by the clerk of the board, with the county clerk, the said poor are maintained, and the expense thereof defrayed, in the manner just stated. The clerk of the board serves a copy of such resolution upon the clerk of each town, village, or city within the county, after which it becomes the duty of the commissioners of excise in the several towns, and of the officers of every city and village, to pay over to the treasurer of the county all moneys which are there- after received for licences to tavern- keepers, retailers, or grocers, and all moneys recovered as penalties for violating the excise laws, or any other laws, and which are directed to be paid to the overseers of the poor. In all counties where said distinction is not abolished, the poor having a settlement in any town are supported at the expense of such town, and the poor not having such settlement are supported by the county in which they may be. Every person of full age who is a resident and inhabitant of any town for one year, and the members of his family who have not gained a separate settlement, are deemed settled in such town. ' A minor may be emancipated from his, or her, father, and gain a settlement 1. If a female, by being married and living for one year with her husband, in which case the husband's settlement determines that of the wife. 2. If a male, by being married and residing for one year separately from the family of his father. 3. By being bound as an appren- tice, and serving one year by virtue of such indenture. 4. By being hired and actually serving for one year for wages to be paid to such minor. A woman of full age by marrying acquires the settlement of her hus- band, if he has any ; and until a poor person has gained a settlement in his own right, his settlement is deemed that of his father or mother ; but no child, born in any place used and occupied as a residence for the poor of any town, city, or county, gains any settlement merely by reason of the place of such birth ; nor does any child born while the mother is a county pauper gain any settlement by reason of the place of its birth. No residence of a pauper in the county poorhouse, &c. , or in any town, while supported at the ex- pense of any other town or county, operates to give a settlement. No person shall be removed as a pauper from any city or town to any other city or town of the same or any other county, nor from any county to any other county ; but every poor person shall be supported in the town or county where he may be, thus 1. In the town where he has gained a settlement. 2. If he has not gained a settle- ment in the county in which he has become poor, sick, or infirm, he is supported and relieved by the super- intendents of the poor at the expense of the county. 3. If such person be in a county where the distinction between town and city poor is abolished, he is, in like manner, supported at the ex- pense of the county; and in both the P 594 SUPPORT OF THE POOR. above cases proceedings for relief are had as follows : 4. If such pauper be in a county where the respective towns are liable to support their poor, and has gained a settlement in some other town of the same county than that in which he may then be, he is supported at the expense of the town where he may be ; and the overseers give no- tice in writing to the overseers of the town to which he belongs, or to one of them, requiring them to provide for the relief and support of such pauper. Should these overseers not, within ten days after such service, contest such alleged settlement in the terms prescribed, they, their successors, and the town which they represent, are for ever precluded from contest- ing or denying such settlement. They may, within the period, give return notice in writing ' that they will appear before the county super- intendents at a specified place and time, not sooner than ten nor more than thirty days from the time of service of such notice, to contest the said alleged settlement. The county superintendents hear and determine the controversy, and may award costs not exceeding $10 to the prevailing party ; and their decision is final and conclusive. If the overseers of the poor of the town where the true settlement is do not remove the pauper, the charge of giving notice, &c., and expenses of maintaining him, are laid before the board of supervisors at their annual meetings from year to year, and the super- visors annually add the amount and interest to the tax to be laid upon the town to which the pauper be- longs, and it is collected as other contingent charges of such town. The support of any pauper is not charged to the county without the sanction of the superintendents, whose duty it is to see that the county is not imposed upon, where the pauper has a legal settlement. The overseers of a town, when noti- fied by the superintendents that the pauper belongs to it, can require the superintendents to re - examine the matter and take testimony, but the decision of the superintendents is final and conclusive. Where there is no county poorhouse, &c., the overseers of , the poor of the town where a county poor person is, notify one of the superintendents, who in- quires into the circumstances, and, if satisfied that such pauper has not gained a legal settlement in any town in the county, gives a certifi- cate to the effect that the pauper is chargeable to the county. Every such case is reported by the super- intendent, and the board of superin- tendents may, at their next meeting, affirm such certificate or annul it, or give due notice to the overseers of the poor of the town interested, and after hearing the allegations and proof in the premises. If the super- intendent neglects or refuses to give the said certificate, the overseers may apply to the board of county super- intendents, who summarily hear and determine the matter, and whose de- cision is conclusive. Any overseer of the poor to whom any person applies for relief inquires into the state and circumstances of the applicant ; and if it appears he is in such indigent circumstances as to require permanent relief and support, and can be safely removed, the over- seers, by a written order, cause him to be removed to the county poor- house, &c. ; or if the county is one where the respective towns are re- quired to support their own poor, the overseers designate whether the pauper be chargeable to the county or not ; and if no such designation is made, the pauper is deemed to belong to the town whose overseers made such order. Such paupers are relieved SUPPORT OF THE POOK. 595 until it appears they are able to work and maintain themselves, when the superintendents may, in their dis- cretion, discharge them. When only temporary relief is required, or the pauper cannot be conveniently re- moved, the overseers apply to a jus- tice of the peace of the same town, who examines into the facts and cir- cumstances, and, in writing, orders such sum to be expended for tem- porary relief as the circumstances of the case require. This order entitles the overseer to receive any sum he may have paid out, or contracted to pay, within the specified sum, from the county treasurer, to be charged to the county or town, as the case may be. 010 is the greatest sum to be expended or paid for the relief of any one poor person, or one family, with- out the sanction, in writing, of one of the superintendents of the poor of the county, which shall be presented to the county treasurer with the or- der of the justice. If application for relief is made in any county where there is no county poorhouse, &c., the overseers, with the assistance of some justice of the peace of the same town, inquire into the facts and cir- cumstances of the case, and make an order, in writing, for such allowance, weekly or otherwise, as the said jus- tice and one of the overseers think required by the necessities of the poor person. Whenever the county superintendents take charge of the support of any county pauper in those counties where no poorhouse is pro- vided, they may authorise the over- seers of the poor of the town in which the pauper may be to continue to support him, and thereafter no moneys are paid for the support with- out the order of the superintendents ; or the superintendents may remove such pauper to any other town and there provide for his support. Where the respective towns support their own poor, the county treasurer opens and keeps an account with each town, in which the town is credited with all moneys received from it, or from its officers, and is charged with the moneys paid for the support of the poor chargeable to such town. And if there is a county poorhouse, &c., the superintendents furnish to the county treasurer a statement of the sums charged to the several towns for the support of their poor, which are charged to such towns respec- tively by the county treasurer in his accounts. In those counties where there are a poorhouse, &c., and in which the several towns are liable for the support of their poor respec- tively, it is the duty of the super- intendents annually, and during the week preceding the annual meeting of the board of supervisors, to make out a statement of all the expenses in - curred by them in the preceding year, and of the moneys received, and ex- hibiting the deficiency, if any, in the funds provided for the defraying such expenses ; and they shall apportion such deficiency among the several towns, in proportion to the number and expenses of the paupers belong- ing to such towns respectively who have been provided for by the super- intendents, and shall charge these towns with the said respective pro- portions. This statement is delivered by them to the county treasurer. At the annual meeting of the board of supervisors, the county treasurer lays before them the account so kept by him, and any balance against any town is added by the board to the amount of taxes, to be levied and collected upon such town with the other contingent expenses thereof, together with such a sum for interest as will reimburse and satisfy any ad- vances that may be made, or may have been made, from the county treasury. The superintendents of the poor annually present to the board of supervisors at their annual 596 SUPPORT OF THE POOR. meeting an estimate of the sum which, in their opinion, will be neces- sary during the ensuing year for the support of the county poor ; and the supervisors cause such sum as they may deem necessary for that purpose to be assessed, &c. , and paid to the county treasurer, to be kept by him as a separate fund distinct from the other funds of the county. The board of town auditors audits the books and accounts of the overseers of the poor. Where the towns support their poor, the town-clerk exhibits at the annual town meeting the accounts for the sup- port of the poor therein during the pre- ceding year, as the same have been audited, and these accounts are open- ly and distinctly read. The overseers also present an estimate of the sum which they deem necessary to supply any deficiency of the preceding year, and to provide for the support of the poor for the ensuing year. There- upon the inhabitants, by a vote of a majority of the persons qualified to choose town officers, determine the sum to be assessed, &c. In the cities of Albany, Hudson, Troy, Schenec- tady, and Oswego, the overseers of the poor lay their books before, and render their accounts to, the common councils thereof respectively ; and the common councils of such of these cities as are liable for the support of their own poor determine yearly the sum to be raised therein respectively for the support of the poor for the ensuing year, a certified copy of which is laid before the board of supervisors of the county, who cause the same to be assessed, &c. The accounts of overseers of the poor and of justices of the peace for any personal or official services ren- dered by them in relation to the poor are audited and settled by the board of supervisors, and paid by the county treasurer ; and if the services were rendered in behalf of any town liable to support its own poor, charged to such town. In auditing the accounts of the overseers of the poor by the board of town auditors, allowance is made to them for all costs to which they may have been subjected, or which have been recovered against them in any suit brought by them pursuant to law ; and they are also allowed the same daily pay for attend- ing to any such suit as is allowed them for the performance of their official duties. Such allowances may be credited to them in their accounts for moneys collected for penalties, and may be deducted from such moneys, and the balance paid to their successors in office or to the county treasurer, as directed by law in respect to such penalties. These penalties are for the benefit of the poor, and are credited to the town by whose officers they have been col- lected, if such town is liable for the support of its own poor, or to the county when collected by the county superintendents. Every poorhouse, almshouse, or other place provided by any city, town, or county for the reception and support of the poor, and all real and personal property whatever belonging to or connected with the same, is exempt from all assessment and taxation levied either by the state, or by any county, city, town, or village ; and the keeper of every such poorhouse, almshouse, or other place is exempt from all service in the militia, from serving on juries, and from all assessments for labour on the highways. In those counties where county poorhouses may be established, the superintendents may provide for the support of paupers that may be idiots or lunatics out of such poorhouse, in such manner as best promotes the interests of the county and conduces to the comfort and recovery of such paupers. Whenever any town has any moneys raised for the support of the poor invested in the name of the overseers SUPPORT OF THE POOR. 597 of the poor of such town, these over- seers continue to have the control thereof, and apply the interest arising therefrom to the support of the poor of their town, so long as such town is liable to support its own poor ; and if the town ceases to support its poor by a vote of the supervisors of the county, the moneys so raised and invested are applied to the payment of such taxes upon the town as the inhabitants thereof, at an annual town meeting, determine. It is the duty of the superintendents of the poor of every county, during the month of December in each year, to report to the secretary of state, in such form as he directs, the number of paupers that have been relieved or sup- ported in such county in the preced- ing year, distinguishing the number of county paupers from the number of town paupers, if any ; the sex and native country of every pauper, to- gether with a statement of the causes, either direct or indirect, which have operated to render such person a pauper, so far as the same can be ascertained, and also such other items as to character and condition of the paupers as the secretary of state directs ; the whole expense of support of paupers, specifying the amount paid for transportation of paupers, and any other items which do not compose any part of the actual expense of maintaining the paupers, and the allowance made to superin- tendents, overseers, justices, keepers, and officers ; the actual value of the labour of the paupers maintained, and the estimated amount saved in the expense of their support, in conse- quence of their labour. The super- Adsors of every town in those counties where all the poor are not a county charge have to report to the clerk of the board of supervisors, within fifteen days after the accounts of the over- seers of the poor have been settled by the board of town auditors, in each year, an abstract of all such ac- counts for the preceding year, which exhibits the number of paupers that have been relieved or supported in such town the preceding year, speci- fying the number of county paupers and of town paupers, the whole ex- pense of such support, the allow- ance made to overseers, justices, constables, or other officers, and any other items which do not com- prise any part of the actual expense of maintaining the paupers. These abstracts are delivered by the said clerk to the county superintendents, to be included by them in their said report. These provisions are appli- cable to the commissioners of public charities and correction in the city and county of New York, superin- tendents of almshouses, keepers of poorhouses, and all poor officers elect- ed or appointed in the state under special Acts of the legislature. The commissioners of almshouses and poor officers chosen under special Acts re- port annually to the superintendents of the poor of their respective coun- ties such statistics as from time to time may be required by the general laws. The superintendents, &c., make annual reports to the secretary of state as to statistics as aforesaid, and the secretary of state annually reports to the legislature the results of the in- formation thus obtained. In counties where there are no poorhouses, or the distinction between town and county poor is revived, they procure from supervisors and overseers the statis- tics necessary to report annually as stated. The secretary of state an- nually lays before the legislature, during the lirst month of its session, ! an abstract of these returns and re- ports. In those counties where there is no county poorhouse or other place provided for the reception of the poor, the money raised and collected in the several towns for the support 598 SUPPORT OF THE POOR. of the poor is received and disbursed by the overseers of the poor in such towns respectively. It is the duty of the commissioners of excise of the several towns in those counties where there is no county poorhouse, &c., to pay over to the overseers of the poor in their respective towns all moneys received by them by virtue of their offices. In those counties where no poorhouse, &c. , has been provided, and the distinction of town and county poor is not abolished, the commissioners of excise in the several towns pay all moneys received by them by virtue of their offices to the overseers of the poor in their respec- tive towns. The superintendents of the county poorhouses are required to cause all county and town paupers over the age of live and under sixteen years, who may be in the poorhouses, to be taught and educated in the same manner as children are taught in the common schools, at least one-fourth part of the time they remain in the poorhouse. The expense is paid by the counties and towns in the same manner as other contingent expenses are paid for the support of paupers ; and it is not lawful for the trustees of any school district to include in their annual returns the names of any children who are supported at a county poorhouse. Superinten- dents have power to make such com- promises and arrangements with the putative fathers of any bastard chil- dren within their jurisdiction, relative to the support of such children, as they deem equitable and just ; and thereupon to discharge such putative fathers from all liability for the sup- port of such bastards. It is lawful for the superintendents in counties where there is no orphan asylum, and the overseers of the poor of towns in such counties, to place the children, chargeable to and support- ed at the expense of such counties or towns, in any incorporated orphan asylum in any county of the state, upon such terms as shall be agreed upon with the managers or trustees of said asylum, at the proper expense of the counties or towns to which they are properly chargeable. The managers of every orphan asylum or other institution authorised to re- ceive and bind out orphan and desti- tute children, have to provide and keep always open for the inspection of all desiring to examine it, a book in which are registered the names, age, and parentage, as near as the same can be ascertained, of all chil- dren committed to their care, or received into such institution, in which book or register are also written the time such child left the institution, and if bound out or otherwise placed out at service or on trial, the name and occupation of the person with whom it is so placed, and his or her place of resi- dence. The managers have no power to bind out any children received as aforesaid. Chapter 140, laws of 1875, enacted that, in addition to a general register of the inmates of the various poorhouses and almshouses of the state, there should be kept in each poorhouse and almshouse a record as to the sex, age, birthplace, birth of parents, education, habits, occupa- tion, condition of ancestors, and family relations, and the cause of dependence of each person at the time of admission, with such other facts and particulars in relation thereto as might be required by the state board of charities, upon forms prescribed and furnished by said board. The keepers, &c. , should make and forward copies of records on the first day of each month to the state board of charities. By chap. 173, laws of 1875 (amended), only such children, over three and under sixteen years of age, as are unteach- able idiots, epileptic or paralytic, or SUPPORT OF THE POOR. 599 otherwise defective, diseased, or de- formed, so as to render them unfit for family care, can be committed as vagrant, truant, or disorderly to any county poorhouse ; and by chap. 404, laws of 1878 (amended), it is not lawful for any justice of the peace, board of charities, police justice, or other magistrate to commit any child under sixteen years of age as vagrant, truant, or disorderly, to any jail, county poorhouse, or almshouse ; but any such child may be committed to some reformatory or other institution as provided for in the case of juvenile delinquents ; but in case of any such commitment, the justice of peace, &c. , immediately gives notice to the superintendents of the poor, or other authorities of the poor of the county, giving the name and age of the per- son committed, to what institution, and the time for which committed ; nor is it lawful for any county super- intendent or overseer, &c., to send any child between two and sixteen years of age as a pauper to any county poorhouse or almshouse for support and care, or to retain any of such age in such poorhouse or aims- house ; but children of that age shall be provided for in families, orphan asylums, hospitals, or other appro- priate institutions, and when com- mitted to an asylum or reformatory, such child shall, when practicable, be committed to one governed or con- trolled by persons of the same reli- gious faith as the parents of such child. Superintendents of the poor, &c. (laws of 1 88 1 ), are directed to cause to be interred the body of any hon- ourably discharged soldier, sailor, or marine who served in the Army or Navy of the United States, and who died without leaving means sufficient to defray the expenses of his funeral. The interment is in the county where he died, or in the adjoining county, if practicable, in a cemetery or plot set apart or used for the burial of soldiers and sailors ; but it shall not be made in a cemetery, or in any cemetery or plot, used exclusively for the burial of the pauper dead. The expenses shall not exceed $35, and it is paid by the county wherein he died. Whenever the father or the mother, being a widow or living separate from her husband, absconds from his or her children, or a husband from his wife, leaving any children, or his wife, chargeable, or likely to become chargeable, upon the public for their support, any real or personal estate of such father or mother or husband is seized by a superintendent of the poor, overseer, board of charities, &c. , by warrant of the justice of the peace of the county where such property is situated ; and whenever the court of sessions of the county wherein such superintendent, &c. , resides has con- firmed said warrant, and directed what part shall be sold, and how much, if any, of the proceeds of sale, and of the rents and profits of the real estate, if any, be applied to- wards the maintenance of the chil- dren, or wife, of the person so absconding, then the superintendent, &c. , shall apply the said proceeds of sale and the rents and profits (as the case may be), 1st, to the payment of taxes and assessments outstanding, and existing liens upon the real estate, and necessary repairs on the real estate, and premiums for insur- ance on buildings, and the balance, if any, directly to the maintaining, bringing up, and providing for the wife or children so abandoned, as may be required from time to time. Vouchers are taken for expenditures. The proceeds of sale, &c., are kept separate and distinct by the officers receiving them. Guardians ad litem are where necessary appointed for minor children. Superintendents, &c., give security for the faithful performance of their duties, and in such sum as the court may direct, 600 SUPPORT OF THE POOR. and they account to the court of ses- sions for all moneys received, and for the application thereof from time to time, and may be compelled by the court to render such account at any time. Notice of such accounting is given to the wife, or children, as the case may be, and to the guardian, if any. The state board of charities con- sists of eight persons, one residing in each judicial district of the state, and one who resides in the county of Kings, and two who reside in the county of New York, appointed by the governor, by and with the consent of the senate, for the term of eight years, except those ap- pointed to fill vacancies ; and it is so arranged that one is appointed in each year. Each takes and sub- scribes the constitutional oath re- quired of other state officers. The commissioners elect as president one of their number, and such other officers and agents as they deem proper, and adopt such by-laws and regulations for the transaction of business and the management of affairs as they consider expedient. The board has an official seal, and a record is kept of the board's pro- ceedings. Six members constitute a quorum. The failure of any com- missioner to attend three successive public meetings of the board during any calendar year may be treated by the governor as a resignation, and the vacancy may be filled. The commissioners have full power at all times to inspect the condition of the several institutions which they are authorised to visit, financially or otherwise ; to investigate their me- thods of instruction, and the gov- ernment and management of their inmates ; the official conduct of trus- tees, directors, and other officers and employees of the same ; the condition of the buildings, grounds, and other property connected there- with, and into all other matters pertaining to their usefulness and good management ; and for these purposes they have free access to the grounds, buildings, and all books and papers relating to said institutions. The board, or any one or more of the commissioners, whenever they deem it expedient, may visit and inspect any charitable, eleemosynary, correction- al, or reformatory institution in the state, excepting prisons, whether re- ceiving state aid or maintained by municipalities or otherwise, and may also visit and inspect any incorporat- ed or private asylums, institutions, homes, or retreats, licensed for the detention, treatment, and care of the insane or persons of unsound mind, and also, at least once in every two years, may visit and examine into the condition of each of the city and county alms or poor houses. Upon notice given by the board, or any three members thereof, to the attorney- general, it is his duty to make inquiry into any matter in regard to the man- agement or affairs of any institution or to any inmate thereof, &c. , and to report without delay to the board. The board collects (and, so far as it thinks advantageous, embodies in its annual reports) such information, both in this state and elsewhere, as it deems proper, relating to the best manner of dealing with those who require assistance from the pub- lic funds, or who receive aid from private charity ; and makes such sug- gestions from time to time as to any legislation or action which may be desirable in regard thereto. The board also, from time to time, in its reports to the legislature, presents such views in regard to the best method of caring for the pauper and destitute children distributed through the various institutions of the state, or who are without the instruction and guidance which the public wel- SUPPORT OP THE POOR. 601 fare demands ; and also furnishes, in tabulated statements, as nearly as possible, the numbers, sex, age, and nativity of those in the state, and in the several counties thereof, who are in any way receiving the aid of public or private organised charity, with any other particulars they deem proper. By a resolution entered on its minutes, subject to such terms and regulations as it prescribes, the board can designate three or more suitable persons in any county to act as visitors in said county of the several poorhouses and other institutions therein subject to the visitation of the board, in aid of and as representatives of the board, except such institutions as have a board of managers appointed by the state, and these visitors shall be admitted to these institutions, to visit, examine, and inspect. No per- son, association, or corporation shall establish or keep an asylum, institu- tion, house, or retreat for the care, custody, or treatment of the insane or persons of unsound mind, without first obtaining a licence therefor from the state board of charities ; but this does not apply to any state asylum or institution, or any asylum or insti- tution established or conducted by any county, or by any city or muni- cipal corporation chartered by the legislature ; or to cases where insane persons, or persons of unsound mind, are detained and treated at the houses of their families or relatives. Upon application, and after full examina- tion, the board, if satisfied, grants a licence, making such conditions, terms, and regulations in regard thereto as seem meet and proper for the care and protection, health and comfort, and for the inspection and examination of all insane per- sons, or persons of unsound mind, lodged, boarded, kept, or detained in such asylum, &c. This licence is filed in the office of the clerk of the county in which the asylum or insti- tution is situated. The board may- revoke licences, for reasons satisfac- tory to it, such revocation being in writing, and filed as aforesaid, and notice thereof being given in writing to the person, association, or corpor- ation to whom the licence was given. The governor nominates, and, by and with the advice and consent of the senate, appoints an experienced and competent physician, called the state commissioner in lunacy, who holds office for five years, and receives an annual salary of $4000 and travelling expenses, not exceeding $1000, paid on presentation of vouchers to the comptroller. He is a 'member ex officio of the state board of charities, and makes full report of all his offic- ial acts and visitations to said board from time to time, under such regu- lations as the board prescribes. The duty of the commissioner is to ex- amine into and report the condition of the insane and idiotic in the state, and the management and condition of the asylums and other institu- tions for their custody. It is also the duty of the commissioner, under the direction of the board, to inquire and report from time to time, as far as he is able, the results of the treat- ment of the insane of other states and countries, together with such particulars pertaining thereto as he deems proper, or the board requires ; and he shall perform such other duties as the board from time to time prescribes. The authority con- ferred upon the board of state chari- ties and commissioners to issue com- pulsory process for the attendance of witnesses, to administer oaths, and to examine persons under oath, is con- ferred upon the commissioner of lun- acy in all cases where there is, in the opinion of the board or said com- missioner, from information given to the board or to him, or otherwise, 602 SUPPORT OF THE POOR. reason to believe that any person is unjustly deprived of liberty, or is improperly treated in any asylum, institution, or establishment in the state for the custody of the insane, and he reports the testimony taken in any investigation to the board, with his opinions and conclusions thereon, without delay. The board of commissioners may, in their re- port from time to time to the legis- lature, suggest any improvements they think desirable for the care and treatment of the insane, with facts and information pertaining thereto, as they deem expedient and proper, and such reports are made annually on or before the 15th day of January. By chap. 661, laws of 1873, "An Act to provide for the support and care of state paupers," every poor person, who is blind, lame, old, im- potent, or decrepit, or in any other way disabled or enfeebled, so as to be unable by work to maintain him- self, who applies for aid to any super- intendent or overseer of the poor or other officer charged with the sup- port and relief of indigent persons, and who has not resided sixty days in any county of the state within one year preceding the time of such ap- plication, is deemed to be a state pauper, and is maintained as such. The state board of charities can con- tract in writing, filed in the office of the board, with the authorities of not more than fifteen counties or cities of the state for the reception and support in the poorhouses or other suitable buildings of such coun- ties or cities respectively, of such paupers as may be committed to such poorhouses which, while thus used, are designated by the board and known as state almshouses. The board establishes rules and regula- tions for the discipline, employment, treatment, and care of such paupers, and for their discharge. Notice is given to the county clerks of the several counties of the location of each of these almshouses, and they promulgate it to the superintendents and overseers of the poor, &c., in their respective counties. The keeper or principal officer in charge of each almshouse duly registers the names, &c. , of all persons received, together with the names of the officer making the complaint and the judge or jus- tice by whom the commitment was made, in a book kept for that pur- pose, and within three days after the admission transmits by mail the name of the person, with particulars, to the secretary of the state board of charities ; and notice of the death, discharge, or absconding of any such person is, in like manner and within like time, sent to said secretary, who enters the names thus furnished in a book kept for that purpose in the office of the board, and verifies the correctness thereof by comparison with the books kept in the aims- houses, and by personal examination of the several inmates thereof, &c. He also furnishes to the board, in tab- ulated statements, on or before the second Tuesday in January annually, the number of inmates maintained in each and all of these almshouses during the preceding year, the number discharged, transferred to other institutions, bound out, or removed from the state, and the number who died, or left without permission during the year, &c. These almshouses are each visited periodically by some member or members of the board, who examine into the condition and management, and report. It is also the duty of the secretary of the board to visit and inspect each almshouse at least once in every three months, and as much oftener as in his judgment it may be expedient, or the board may direct ; and for the purposes of such inspections, he possesses all the SUPPORT OF THE POOR. 603 powers of a member of the board, and such further powers as said Act confers. If the accommodations in any almshouse are, in the opinion of the secretary, not adequate or proper for the treatment and care of an in- sane inmate, the secretary may cause his removal to the appropriate state asylum for insane. The expenses for the support, treatment, and care of insane persons, or persons of unsound mind, so received in any state asylum, are paid to the treasurer thereof by the treasurer of the state, on the warrant of the comptroller, upon the account being duly rendered and cer- tified to by the secretary of the board ; provided, however, that such expenses do not exceed those charged to coun- ties, cities, or towns in such asylum. Any person becoming an inmate of any such almshouse, and expressing a preference to be sent to any state or country where said pauper may have a legal settlement or friends willing to support or to aid in supporting him, the said secretary may cause his removal to such state or country ; provided, in the judgment of the said secretary, the interest of the state and the welfare of the pauper will be promoted thereby ; and the secretary shall report from time to time to the state board of charities the names of all persons removed under the pro- visions of this Act, the places whence removed, and the cost of the several removals. If any inmate of either of said almshouses leaves the same with- out being duly discharged, and with- in one year thereafter is found in any city or town of the state, soliciting public or private aid, he may be punished by confinement in the county jail of the county in which he is so found, for a term not exceeding three months, or he may be committed for a like term to any workhouse of the state, by any court of competent jurisdiction; and it is the duty of every superintendent and overseer of the poor and other officers charged with the support and relief of indigent persons to cause, as far as may be, these provisions to be enforced. The trustees, directors, or mana- gers of any incorporated orphan asylum, or institute, or home for in- digent children, may bind out any orphan or indigent child ; if a male, under the age of twenty- one years, or, if a female, under the age of eighteen years, which has been sur- rendered to the care or custody of said society by its parent or guardian, or placed therein by the superinten- dent of the poor of the county, or the overseers of the poor of any city or town in the county within which the asylum or institute is located, to be clerks, apprentices, or servants, until such child, if a male, shall be twenty- one, or, if a female, eighteen years old. Such binding is as effectual as if the child had bound itself with the consent of its father. When the father of an indigent child is dead, or has abandoned his family, or ne- glected to provide for them, the mother is the guardian for the pur- pose of surrendering the child to the care and custody of the society ; and in case of the death of both parents, the mayor of the city, or the super- visor of the town within which the asylum or institute is located, is ex officio the guardian of the child for the purpose of enabling said trustees, managers, or directors, to bind out such child. The father of any indi- gent child, or where he is dead or has abandoned his family, or neglect- ed to provide for them, the mother may, by a written instrument, com- mit the guardianship of the person and custody of such child to the directors, trustees, or managers of any incorporated orphan asylum or institute, in terms as agreed upon ; and in case of the death of both parents, the guardian legally appoint- 604 INSANE PERSONS. ed may, with the approval of the court or officer appointing him, en- tered of record, commit to such asylum the guardianship of the per- son and custody of such child in the same manner and upon the same terms that the parents might have done. When children placed under the care and custody of any incorporated charitable institution, and supported in part or in whole by the city of New York by taxes imposed for that purpose, are considered as deserted ; then, if no inquiry has been made about their welfare and no board has been paid by parents or guardians for the space of one year, any judge of a court of record in the county where such children are taken care of is au- thorised and empowered, on appli- cation of the charitable institution having the charge of it or them, to order their adoption by suitable per- sons named by the institution, or their transfer to any incorporated non - sectarian institution or society selected by parties or persons seeking homes or occupation for children, if said societies consent to receive them ; and these societies, when consenting to receive such child or children, may bind them out as stated. It is the duty of the superintendent, warden, or other proper officer in charge of each of the benevolent institutions of the state in which are persons whose maintenance, treatment, tuition, or clothing is a charge against any county, to make a report in each year to the clerk of the board of supervis- ors of the county to which such main- tenance, &c. , are chargeable, showing the name, age, sex, colour, and nationality of every person in each institution chargeable to such county, also when each person was received, to what time the expense of such per- son has been paid, and the amount chargeable to such county for each such person for the ensuing year. This report is verified by the oath or affirmation of the person mak- ing it. By chap. 347, laws of 1880, each of the asylums, reformatories, homes, retreats, penitentiaries, jails, or other institutions of the state, in which the board, instruction, care, or clothing of persons committed thereto is a charge against any county or town, shall be known for the purposes of the Act as one of the state benevo- lent institutions of the state ; but poorhouses in the several counties are exempted from the provisions of the Act, which also does not apply to the county of Kings. INSANE PERSONS. No person shall be committed to or confined as a patient in any asylum, public or private, or in any institu- tion, home, or retreat for the care and treatment of the insane, except upon the certificate of two physicians under oath, setting forth the insan- ity of such person. But no person shall be held in confinement in any such asylum for more than five days, unless within that time these cer- tificates be approved by a judge or justice of a court of record of the county or district in which the al- leged lunatic resides ; and said judge or justice may institute inquiry and take proofs as to any alleged lunacy, before approving or disapproving of the certificates, and may in his dis- cretion call a jury in each case to determine the question of lunacy. The physicians granting the certifi- cates must be of reputable character, graduates of some incorporated medi- cal college, permanent residents of the state, and have been in the HABITUAL DRUNKARDS. 605 actual practice of their profession for at least three years ; and these qualifications must be certified to by a judge of any court of record. No certificate shall be made, except after a personal examination of the party alleged to be insane, and ac- cording to forms prescribed by the state commissioner in lunacy ; and every certificate shall bear date of not more than ten days prior to such commitment. No physician who is the superintendent, proprietor, and officer, or a regular professional at- tendant of the asylum, can certify as to the insanity of a person to be committed to such asylum. The power and authority of the supreme court, the superior court, and the court of common pleas of the city and county of New York, or the superior court of the city of Buffalo, or the city court of Brooklyn, or any county court, concerning the safe- keeping of any lunatics or the charge of their persons or estates, are as formerly ; and the county superin- tendents of the poor have all the powers and authority given to over- seers of the poor of any town. Whenever any person who is pos- sessed of sufficient property to main- tain himself becomes by lunacy or otherwise so far disordered in his senses as to endanger his own per- son, or the person or property of others, it is the duty of the commit- tee of his person and estate to pro- vide a suitable place for his confine- ment, and to confine and maintain him in such manner as is approved by the proper legal authority ; and in every case of lunacy, the lunatic is sent within ten days to some state lunatic asylum, or to such public or private asylum as may be approved by a standing order or resolution of the supervisors of the county. The superintendents and overseers of the poor are severally enjoined to see that this provision is carried into effect in the most humane and speedy manner, as well in case the lunatic or his relatives are of suffi- cient ability to defray the expenses as in case of a pauper. HABITUAL DRUNKARDS. Whenever the overseers of the poor of any city or town discover any per- son to be a habitual drunkard, they may, by writing under their hands, designate and describe such drunk- ard, and by written notice, signed by them, require every merchant, dis- tiller, shopkeeper, grocer, tavern- keeper, or other dealer in spirituous liquors, and every other person resid- ing within the city or town near to or adjoining such city or town, not to give or sell under any pretence any spirituous liquors to such drunk- ard ; and any such notified merchant, &c., giving or selling, themselves, or by any clerk, agent, or member of their respective families, knowingly giving or selling such spirituous liqu- ors to such drunkard, except by the personal direction or on the written certificate of a regularly licensed phy- sician, forfeits for each offence 10 for the use of the poor of the town where the drunkard resides. Any such designated habitual drunkard may apply to any justice of the peace of the city or town in which he re- sides for process to summon a jury to try and determine such fact of drunk- enness. If at any time the overseers of the poor are satisfied that the drunkard has reformed and become temperate, they may revoke and an- nul any such notice given by them or any of their predecessors in office. 606 DISORDERLY PERSONS TRAMPS MARRIAGE. DISORDERLY PERSONS. All persons who abandon or neglect to support their wives or children, or who threaten to run away and leave their wives or children a burden on the public ; all persons pretending to tell fortunes, or where lost or stolen goods may be found ; all common pros- titutes; all keepers of bawdy-houses, or houses for the resort of prosti- tutes, drunkards, tipplers, gamesters, or other disorderly persons ; all per- sons who have no visible profession or calling to maintain themselves by, but who do for the most part support themselves by gaming ; all jugglers, common showmen, and mountebanks, who exhibit or perform for profit any puppet-show, wire or rope dance, or other idle shows, acts, or feats ; all persons who keep in any public high- way or place, or in any place where spirituous liquors are sold, any keno- table, wheel of fortune, thimbles, or other table, box, machine, or device for the purpose of gaming ; all per- sons who go about with such table, wheel, or other machine or device ex- hibiting tricks or gaming therewith ; all persons who play in public streets or highways with cards, dice, or any other instrument or device for gam- ing, are deemed disorderly persons. There are some others designated by special statutes as disorderly persons. TRAMPS. All persons who rove about from place to place begging, and all vagrants living without labour or visible means of support, who stroll over the country without lawful oc- casion, are held to be tramps ; but persons under the age of sixteen years, blind persons, and persons rov- ing within the limits of the county in which they reside, are not included. Every tramp, upon conviction as such, is imprisoned at hard labour in the nearest penitentiary, for not more than six months, the expense during such imprisonment not to exceed $1 a- week per capita, to be paid by the state. Any act of vagrancy by any person not a resident of the state is evidence that the person committing the same is a tramp. Any tramp who enters any building against the will of the owner or occupant thereof, or who wilfully or maliciously injures the person or property of another, or is found carrying any firearms, or other dangerous weapon, or burglar's tools, or threatens to do any injury to any person, or to the real or per- sonal property of another, is deemed guilty of a felony. Any person, being a resident of the town where the offence is committed, may, upon view of any such offence, apprehend the offender, and take him before a justice of the peace or other com- petent authority. MARRIAGE. Marriage in the State of New York is, so far as its validity in law is con- cerned, a civil contract, to which the consent of parties capable in law of contracting is essential. It is in- cestuous and absolutely void between parents and children, including grand- parents and grandchildren of every degree, and between brothers and sisters, as well of the half as of the MARRIAGE. 607 whole blood, and whether the rela- tionship is legitimate or illegitimate. When either of the parties to a mar- riage is incapable, for want of age or understanding, of consenting to a marriage, or is incapable from physi- cal causes of entering into the mar- riage state, or when the consent of either party has been obtained by force or fraud, the marriage is void from the time its nullity is declared by a court of competent authority. A second or subsequent marriage contracted by any person during the lifetime of any former husband or wife is absolutely void, unless (1) such former marriage has been an- nulled or dissolved for some cause other than the adultery of such per- son ; or (2) such former husband or wife has been finally sentenced to im- prisonment for life. But if any per- son, whose husband or wife has ab- sented himself or herself for the space of five consecutive years, without being known to such person to be living during that time, marries during the lifetime of such absent husband or wife, the marriage is void only from the time that its nullity is pro- nounced by a court of competent authority. No pardon granted to any person who has been sentenced to imprisonment for life in this state is deemed to restore such person to the rights of any previous marriage, or to the guardianship of any children the issue of such marriage. For the purpose of being registered and authenticated, marriages are so- lemnised only by the following per- sons : 1. Ministers of the Gospel and priests of every denomination. 2. Mayors, recorders, and aldermen of cities. 3. Judges of the county courts and justices of the peace. 4. Justices and judges of courts of record. When solemnised by a minister or priest, the ceremony is according to the forms and customs of the church or society to which he belongs. When solemnised by a magistrate, no par- ticular form is required except that the parties shall solemnly declare, in the presence of the magistrate and the attending witness or witnesses, that they take each other as husband and wife. In every case there shall be at least one witness besides the minister or magistrate present at the ceremony. It is the duty of every officiating minister, priest, or magis- trate to ascertain (1) the Christian and surnames of the parties, their respective places of residence, and that they are of sufficient age to be capable in law of contracting mar- riage ; (2) the names and places of residence of two of the attesting wit- nesses, if more than one be present, or of the one present ; and he shall enter these facts, and the day on which the marriage is solemnised, in a book kept by him for that purpose. If either of the parties between whom the marriage is to be solemnised is not personally known to him, the minister or magistrate shall ascertain from the respective parties their right to contract marriage, and for that purpose he may examine the parties, or either of them, or any other person, under oath, which he is authorised to administer, which examination is reduced to writing, and subscribed by the parties ; and either of the parties making a false statement un- der this oath is deemed guilty of wil- ful and corrupt perjury, and is liable therefor. Every minister or magis- trate who solemnises a marriage where either of the parties, within his know- ledge, is under the age of legal con- sent, or an idiot or lunatic, or to which, within his knowledge, any legal impediment exists, is deemed guilty of a misdemeanour, punishable by fine or imprisonment, or both, in the discretion of the court by which 608 31ARRIAGE. lie is tried. The minister or magis- trate by whom the marriage was so- lemnised furnishes, on request, to either party a certificate thereof, which, besides other particulars, shall state that, after due inquiry made, there appeared no lawful impediment to such marriage, and shall be signed by the person making it. Every such certificate signed by a magis- trate, if presented to the clerk of the city or town where the marriage was solemnised, or to the clerk of the city or town where either of the par- ties reside, within six months after the marriage, is filed by such clerk, and entered in a book provided by him, in the alphabetical order of the names of both the parties, and in the order of time in which it is filed. A certificate signed by a minister may be likewise filed and recorded if there be indorsed thereon, or an- nexed thereto, a certificate of any magistrate residing in the same county with such clerk, setting forth that the minister by whom the certificate is signed is personally known to such magistrate, and has acknowledged the execution of the certificate in his presence ; or that the execution of such certificate by a minister or priest of some religious denomination was proved to such magistrate by the oath of a person known to him, and who saw the certificate executed. Every such original certificate, the original entry thereof made as described, and a copy of the certificate or entry, duly certified, is received in all courts and places as presumptive evidence of the fact of such marriage. These provisions relating to the solemnisation and proof of marriages do not apply to the people called Quakers, or to the Jews, whose mar- riages may respectively continue to be solemnised in the manner and agreeably to the regulations of their respective societies. Nor are these provisions construed to require the parties to any marriage, or any min- ister or magistrate, to solemnise the same in the manner described ; but all lawful marriages contracted in the manner previous in use in this state are as valid as if these provi- sions had not been passed. (Laws of 1850, chap. 320.) By the code of civil procedure, an action may be maintained by the wo- man to procure a judgment, declar- ing a marriage contract void, and annulling the marriage, under the following circumstances : 1. Where the plaintiff had not attained the age of fourteen years at the time of the marriage. 2. Where the marriage took place without the consent of her father, mother, guardian, or other person having the legal charge of her person. 3. Where it was not followed by consummation or cohabitation, and was not ratified by any mutual assent of the parties after the plaintiff at- tained the age of fourteen years. A judgment may be procured de- claring a marriage contract void, and annulling the marriage, for either of the following causes existing at the time of the marriage : 1 . That one or both of the parties had not attained the age of legal consent. 2. That the former husband or wife of one of the parties was living, and that the marriage with the for- mer husband or wife was then in force. 3. That one of the parties was an idiot or a lunatic. 4. That the consent of one of the parties was obtained by force, fear, or fraud. 5. That one of the parties was physically incapable of entering into the marriage state. But an action can be maintained under this sub- division only where the incapacity continues and is incurable. DIVORCE. 609 DIVORCE. By reason of the defendant's adul- tery, the marriage may be dissolved and a judgment procured to that effect in an action at the instance of either husband or wife 1. Where both parties were resi- dents of the state when the offence was committed. 2. Where the parties were married within this state. 3. Where the plaintiff was a resi- dent of the state when the offence was committed, and is a resident thereof when the action is com- menced. 4. Where the offence was com- mitted within the state, and the in- jured party, when the action is com- menced, is a resident of the state. The plaintiff is not entitled to a divorce, although the adultery is established 1. Where the offence was commit- ted by the procurement or with the connivance of the plaintiff. 2. Where the offence charged has been forgiven by the plaintiff. The forgiveness may be proved either affirmatively or by the voluntary co- habitation of the parties, with the knowledge of the fact. 3. Where there has been no ex- press forgiveness and no voluntary cohabitation of the parties, but the action was not commenced within five years after the discovery by the plaintiff of the offence charged. 4. Where the plaintiff has also been guilty of adultery, under such circumstances that the defendant would have been entitled if innocent to a divorce. Where the action is brought by the wife, the legitimacy of any child of the marriage, born or begotten before the commencement of the action, is not affected by the judgment dissolv- ing the marriage ; and the court may in the final judgment require the de- fendant to provide suitably for the education and maintenance of the children of the marriage, and for the support of the plaintiff, as justice requires, having regard to the circum- stances of the respective parties. The defendant loses all right and interest in his wife's property, real or personal, absolute or contingent, before or after her death ; but the plaintiffs inchoate right of dower in any real property of which the de- fendant is or was theretofore seized is not affected by the judgment. When the action is brought by the husband, the legitimacy of a child, born or begotten before the com- mencement of the offence charged, is not affected by a judgment dissolving the marriage ; but the legitimacy of any other child of the wife may be determined as one of the issues in the action. In the absence of proof to the contrary, the legitimacy of all the children begotten before the commencement of the action must be presumed. A judgment dissolving the marriage leaves intact the plain- tiffs rights and interests in or to any real or personal property owned or possessed by the wife when the judg- ment is rendered. When judgment is rendered dissolving the marriage, the wife is not entitled to dower in any of the husband's real property, or to a distributive share in his per- sonal property. After a marriage is dissolved, the plaintiff may marry again during the lifetime of the defendant ; but a de- fendant, adjudged to be guilty of adultery, shall not marry again until the death of the plaintiff; but this does not prevent the remarriage of the parties to the action. By the amended Revised Statutes, the court in which the judgment of divorce 610 SEPARATION MARRIED WOMEN'S RIGHTS. was rendered may modify its judg- ment so that the defendant can marry again before the death of the plain- tiff, but only upon satisfactory proof that the plaintiff has remarried, that five years have elapsed since the decree of divorce was rendered, and that the conduct of the defendant since the dissolution of the marriage has been uniformly good. SEPARATION. An action may be maintained by a husband or wife against the other, to procure a judgment separating them from bed and board for ever, or for a limited time, for either of the follow- ing causes, viz. : 1. The cruel and inhuman treat- ment of the plaintiff by the defen- dant. 2. Such conduct, on the part of the defendant, towards the plaintiff as may render it unsafe and improper for the former to cohabit with the latter. 3. The abandonment of the plain- tiff by the defendant. 4. Where the wife is plaintiff, the neglect or refusal of the defendant to provide for her. In either of the following cases : 1 . Where both parties are residents of the state when the action is com- menced. 2. Where the parties were married within the state, and the plaintiff is a resident thereof when the action is commenced. 3. Where the parties have been married without the state, have be- come residents of the state, and have continued to be residents thereof at least one year ; and the plaintiff is such a resident when the action is commenced. The defendant may set up, in justi- fication, the misconduct of the plain- tiff. If a married woman dwells within the state when she commences an action against her husband for divorce or for separation, she is deemed a resident thereof, although her husband resides elsewhere. MARRIED WOMEN'S RIGHTS. Laws of 1860, chap. 90, the pro- perty, both real and personal, which any married woman owns as her sole and separate property ; which comes to her by descent, devise, bequest, gift, or grant ; which she acquires by her trade, business, labour, or ser- vices carried on or performed on her sole or separate account ; which a woman married in this state owns at the time of her marriage, and the rents, issues, and proceeds of all such property, notwithstanding her marriage, is and remains her sole and separate property, and may be used, collected, and invested by her in her own name, and is not subject to the interference or control of her husband, or liable for his debts, ex- cept such debts as may have been contracted for the support of herself or her children by her as his agent. A married woman may bargain, sell, assign, and transfer her separate per- sonal property, carry on any trade or business, and perform any labour or services on her sole and separate account, and the earnings of any married woman from her trade, busi- ness, labour, or services are her sole and separate property, and may be used or invested by her in her own name. She may bargain, sell, and convey real estate possessed by her as her separate property, and enter into any contract in reference to it, MARRIED WOMEN'S RIGHTS. 611 with the like effect in all respects as if she were unmarried. No bargain or contract made by her in respect to her sole and separate property (except the gifts or grants of her husband), and in or about the carrying on of any trade or business under any stat- ute of this state, is binding upon her husband, or renders him or his pro- perty in any way liable therefor. An action may be maintained against the husband and wife jointly for any debt of the wife contracted before mar- riage, but the execution on any judg- ment in such action issues against, and such judgment binds, the separ- ate estate and property of the wife only, and not that of the husband, who is liable for the debts of his wife contracted before marriage to the extent only of the separate pro- perty of the wife he has acquired by any antenuptial contract or other- wise. By the laws of 1849, chap. 375, any person holding as trustee for any married woman any real or personal estate or other property, under any deed of conveyance or otherwise, on the written request of such married woman, accompanied by a certificate of a justice of the supreme court, that he has examined the condition and situation of the property, and made due inquiry into the capacity of such married woman to manage and control the same, may convey to such married woman, by deed or otherwise, all or any portion of such property, or the rents, issues, or profits thereof, for her sole and separate use and benefit. All con- tracts between persons made in con- templation of marriage, remain in full force after such marriage takes place. She can by herself, and in her name, or in the name of any third person, with his assent, as her trustee, cause to be insured for her sole use the life of her husband for any definite period, or for the term of his natural life. The amount of the insurance may be made pay- able, in case of her predecease, to her husband, or to his, her, or their children, for their use as provided in the policy, and to their guar- dian if under age. No man shall bind his child to apprenticeship or service, or part with the control of such child, or create any testamen- tary guardian therefor, unless the mother, if living, shall, in writing, signify her assent thereto. A mar- ried woman, a resident of this state, and of the age of twenty-one years or more, may execute, acknowledge, and deliver her power of attorney with the like force and effect, and in the same manner as if she were a single woman. In an action or special pro- ceeding a married woman appears, prosecutes, or defends alone, or joined with other parties, as if she were single. It is not necessary or proper to join her husband with her as a party to any action or special pro- ceeding affecting her separate pro- perty. A female can devise real property when she has attained the age of twenty-one years ; and an un- married female can bequeath personal property at the age of sixteen years. A widow is endowed of the third part of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage. The widow of an alien who at the time of his death was entitled by law to hold any real estate, if she is an inhabitant of this state at the time of such death, is entitled to dower of such estate in the same manner as if such alien had been a native citizen. Any woman, being an alien, who has married a citizen of the United States, is entitled to dower in the real estate of her husband within this state, as if she were a citizen of the United States. Courtesy exists, subject to the common law rules, as to all realty of the wife which remains at her death undisposed of or unbequeathed. 612 ADOPTION DESCENT. ADOPTION. Adoption is the legal act whereby an adult person takes a minor into the relation of child, and thereby ac- quires the responsibilities of parent in respect to such minor. A married man or woman, not lawfully separated one from the other, cannot adopt a child without the consent of the other, respectively ; and the consent of a child, if over the age of twelve years, is necessary to its adoption. A legitimate child cannot be adopted without the consent of its parents, if living, or the survivor of them ; nor an illegitimate child without the consent of its mother, if living. But the consent is not necessary of a father or mother deprived of civil rights, or adjudged guilty of adultery or cruelty, and who is from either cause divorced, or is adjudged to be an insane person or a habitual drunkard, or is judicially deprived of the custody of the child on ac- count of cruelty or neglect. Where the parents are dead, or their con- sent is unnecessary, as stated, con- sent must be given by an adult per- son having the lawful custody of the child. The person adopting, the child adopted, and the persons con- senting, appear before the county judge of the county in which the person adopting resides, and the ne- cessary consent is thereupon signed, and an agreement is executed by the person adopting, to the effect that the child shall be adopted and treated in all respects as his own lawful child should be treated. The judge examines all the persons appearing, each separately ; and, if satisfied that the moral and temporal interests of the child will be promoted by the adoption, makes an order, in which are set forth at length the reasons for such order, directing that the child shall thenceforth be regarded and treated in all respects as the child of the person adopting. A child when adopted takes the name of the person adopting, and the two thenceforth sustain toward each other the legal relation of parent and child, and have all the rights and are sub- ject to all the duties of that relation, excepting the right of inheritance, except that as respects the passing and limitation over of real and per- sonal property under and by deeds, conveyances, wills, devises, and trusts, said child adopted is not deemed to sustain the legal relation of child to the person so adopting. Where a parent has abandoned an infant child, such parent is deemed to have forfeited all claim he or she would otherwise have as to the custody of said child or otherwise ; and the judge may make the above- mentioned order without the consent of such parent or parents. From the time of the adoption the parents are relieved from all parental duties toward, and all responsibility for, the child so adopted, and have no rights over it. DESCENT. All lands within the state are al- lodial, and the people of the state, in their right of sovereignty, possess the original and ultimate property there- to ; and all lands the title to which fails from defect of heirs, reverts or escheats to the people. Where lands become vested in an infant, the guar- dianship of such infant, with the rights, powers, and duties of a guar- DESCENT. 613 dian in soccage, belong (L) to the father ; (2) to the mother, if there be no father ; (3) failing both of these, to the nearest and eldest relative of full age, not being under any legal incapacity, and as between relatives of the same degree of consanguinity males are preferred. Testamentary or other guardians duly appointed in terms of law supersede said guar- dians. Every citizen of the United States is capable of holding land within the state, and of taking by descent, devise, or purchase. Where not modified by statute, the common law governs as to aliens who cannot take by devises. Property devised to aliens descends to heirs, and if there are no heirs, to the residuary legatees. Any resident alien who has purchased and taken by deed or de- vise any real estate within the state, and who has filed in the office of the secretary of state a deposition declar- ing his intention of becoming a citi- zen, may grant and devise such real estate to any citizen of the United States, or to any alien resident of the state, in the same way and to the like effect, and to and for the same purposes, as if such alien were a citi- zen of the United States ; but no resident male alien of full age shall hold any lands so granted or devised to him as against the state, unless he make and file the deposition as stated. The real estate of every person who dies without devising the same descends thus 1. To his lineal descendants ; 2. To his father ; 3. To his mother ; and 4. To his collateral relatives subject to certain prescribed rules and regulations, of which some are as follows : Direct descendants, all of equal degree of consanguinity to the intestate, take in equal parts, however remote that common degree is. Living children and the descen- dants of deceased children take the inheritance ; but the latter inherit only the share which their parent would, if living, have received. This last rule applies in every case where the descendants are of unequal de- grees of consanguinity ; and it is the same where the inheritance goes to brothers and sisters, "as if all such brothers and sisters had been the brothers and sisters of the intestate." Failing descendants and brothers and sisters of the intestate and their de- scendants, and failing the father, if there are no brothers and sisters or any of them of the father of the intestate, and no descendants of them, the inheritance descends to the brothers and sisters of the mother of the intestate and to their descendants as stated. In all cases not specially provided for by law, where the inher- itance has come to the intestate on the part of his mother, it descends to the brothers and sisters of the mother and to their descendants ; and if there be no such brothers and sisters and descendants of them, then the inher- itance descends to the brothers and sisters of the intestate's father and their descendants. Where the inher- itance has not come to the intestate on the part of either the father or mother, it descends to the brothers and sisters both of the father and mother of the intestate in equal shares and to their descendants. In case of the death without descendants of an intestate bastard, the mother inherits, and if she be dead the in- heritance descends to the relatives of the intestate on the part of the mother as if the intestate had been legitimate. Relatives of the half- blood inherit equally with those of the whole blood in the same degree, and their descendants inherit as stated, unless the inheritance came to the intestate by descent, devise, or gift of some one of his ancestors in which case all those who are not of the blood of such ancestor are ex- 614 DISTRIBUTION. eluded from such inheritance. In all cases not provided for by law, the in- heritance descends according to the course of the common law. Children and relatives who are illegitimate are not entitled to inherit. But by the laws of 1855, chap. 547, illegitimate children, in default of lawful issue, may inherit real and personal property from their mother as if legitimate. DISTRIBUTION. Where the deceased has died in- testate, the surplus of his personal estate remaining after payment of debts is distributed to his widow, children, or next of kin, in terms of the provisions of law. The following are the rules : 1. The widow gets one-third, and two-thirds go to the children and such persons as legally represent pre- deceasing children, by equal portions. 2. Where no children nor legal re- presentatives of them, one moiety to the widow, and the other to the next of kin. 3. Where there is a widow and no descendant, parent, brother or sister, nephew or niece, the widow takes the whole ; but if there be a brother or sister, nephew or niece, and no de- scendant or parent, the widow gets the whole if not over $2000 ; or if over that sum, in addition to her moiety, $2000, and the remainder goes to the brothers and sisters and their representatives. 4. Where no widow, the whole is dis- tributed equally among the children and such as legally represent them. 5. Where no widow and no chil- dren, and no representatives of a child, the whole goes to the next of kin in equal degree to the deceased and their legal representatives. 6. Where no children, no repre- sentatives of them, and no father, but a widow and a mother, the widow gets her moiety^ and the other is divided equally among the mother and the brothers and sisters, or the representatives of such brothers and sisters ; and where there is no widow, the whole is distributed in the same manner. 7. Where there is a father, but no child or descendant, the father takes a moiety if there be a widow, and if there be no widow, the whole. 8. Where there is a mother and no child, descendant, father, brother, sister, or representative of a brother or sister, the mother, if there be a widow, takes a moiety, and the whole if there be no widow. If the de- ceased has been an illegitimate, and has left a mother and no chiUi or descendant or widow, the mother takes the whole, and is entitled to letters of administration in exclusion of all other persons ; and, if the mother be dead, the relatives of the deceased on the part of the mother take in the same manner as if the deceased had been legitimate, and are entitled to letters of administration in the same order. 9. Where the descendants or next of kin are all in equal degree, their shares are equal. 10. Where they are of unequal degree of kindred, they take accord- ing to their respective stocks, so that those who take in their own right receive equal shares, and those who take by representation receive the share to which the parent whom they represent, if living, would have been entitled. 11. No representation is admitted among collaterals after brothers' and sisters' children. 12. Relatives of the half blood take equally with those of the whole blood in the same degree ; and the PUBLIC ADMINISTRATORS. 615 representatives of such relatives take in the same manner as the represen- tatives of the whole blood. 13. Descendants and next of kin begotten before the intestate's death, but born thereafter, take in the same manner as if they had been born in the lifetime of the deceased, and had survived him. Advancements to chil- dren during the lifetime of the intes- tate are taken into account in the distribution. Maintaining or edu- cating or giving of money to a child i without a view to a portion or set- I tlement in life, is not deemed an j advancement. These provisions respecting the distribution of estates apply to the personal estates of married women dying leaving descendants them sur- viving ; and the husband of any such deceasing married woman is entitled to the same distributive share in the personal estate of his wife to which a widow is entitled in the personal estate of her husband, and no more. PUBLIC ADMINISTRATORS. The mayor, aldermen, and com- monalty of the city of New York in common council, convened from time to time, and as often as a vacancy in the office occurred, formerly ap- pointed a competent person to be the public administrator in the city of New York, who holds his office during the pleasure of the said com- mon council. Now he is appointed by the counsel to the corporation, and is the head of a bureau in the law department of the city. In the right of his office, he has authority to collect and take charge of the goods, chattels, personal estate, and debts of persons dying intestate ; and for that purpose to maintain suits, as public administrator, as any executor might by law in the following cases : 1. Whenever any person dies in- testate, either within this state or out of it, leaving any goods, chattels, or effects within the city and county of New York. 2. Whenever any goods, chattels, or effects of any person who has died intestate arrive within the said city and county after his death. 3. Whenever any person coming from any place out of this state in a vessel bound to the port of New York, and arriving at the quarantine, near the city of New York, there dies in- testate, and leaves any effects either at quarantine or in the city of New York, or elsewhere. 4. Whenever any effects of any such person so arriving and dying in- testate at the quarantine, after his death arrive either at quarantine or within the city of New York. 5. Whenever any person coming from any place out of this state in a vessel bound to the port of New York dies intestate on his passage, and any of his effects arrive at quarantine. In all these cases intestacy is pre- sumed until a will is proved and letters testamentary granted thereon. The powers and authority of the pub- lic administrator in relation to the estate of any deceased person are sup- erseded in the three following cases : 1. Where letters testamentary are granted to any executor of a will of any deceased person either before or after the public administrator has taken letters or become vested with the powers of administrator upon such estate. 2. Where letters of administration have been granted to any other per- son before the public administrator became vested with the powers of an administrator upon the same estate. 3. Where letters of administration are granted upon such estate by any 616 PUBLIC ADMINISTRATORS. surrogate having jurisdiction, at any time within six months after the public administrator became vested with the powers of an administrator upon such estate. Every person keeping a hotel or boarding or lodging house in the city of New York shall report, in writing, to the public administrator the name of every person not a member of his family who dies in his or her house within twelve hours after such death ; and every coroner, within twelve hours after an inquest, shall report to the public administrator the name, if known, of the deceased person. Every undertaker shall also report to the public administrator, within twelve hours after burial by him, any deceased person having no next of kin known to him to be entitled to administer, the name and residence of such deceased person. Whoever neglects to comply with this provision is deemed guilty of a misdemeanour, and, upon conviction, is punishable by imprisonment in the penitentiary for a period not exceeding six months nor less than one month, or by a fine of $100, one moiety of which is given to the informer, and the other moiety is paid into the city treasury. By chap. 335, laws of 1871, the surrogate of the county of Kings and county treasurer of that county were authorised to appoint a public admin- istrator for the county of Kings, and thereafter from time to time, as a vacancy in the office should occur, to appoint a competent person to be the public administrator in the county of Kings, who should hold his office for the term of five years unless sooner removed for cause. This public ad- ministrator has absolute and sole authority to collect, take charge of, and administer upon the goods, chat- tels, personal estate, and debts of persons dying intestate, and for that purpose to maintain suits as such public administrator as any executor or administrator may by law in the following cases : 1. Whenever such person dies, leaving any assets or effects, in the county of Kings, and there is no widow, husband, or next of kin en- titled to a distributive share in the estate of said intestate resident in the state, entitled competent or will- ing to take out letters of administra- tion on such estate. 2. Whenever assets or effects of any person dying intestate, after his death, come into the county of Kings, and there is no person as aforesaid entitled competent or willing to take administration of such estate. In the above cases intestacy is presumed until a will is proven and letters testamentary issued thereon. The surrogate of the county of Kings, in cases where authorised by law to issue letters of collection, may, in his discretion, issue letters of collection to the public administrator. He re- ceives no salary for his services. The county treasurer in each of the other counties of the state, by virtue of his office, has authority to collect and take charge of the assets of every person dying intestate where the assets amount to $100 or more, either in his county or out of it, upon which no letters of administra- tion have been granted, (1) whenever the deceased intestate leaves assets in the county of such treasurer, and there is no widow or relative in the county entitled or competent to take letters of administration on such estate ; (2) whenever assets of the deceased intestate, after his death, come into the county of such treas- urer, and there is no person entitled or competent as aforesaid to take ad- ministration of such estate. But in the county of Richmond the county treasurer has not power to act as public administrator in those cases in which the public administrator in the city of New York has jurisdiction. MECHANICS' LIENS CHATTEL MORTGAGES JUDGMENTS. 617 MECHANICS' LIENS. In general, mechanics' labourers and others who, by virtue of any contract with the owner or contractor, &c., perform labour or furnish materials used in building, altering, or repair- ing any house, building, or other improvements, upon lands or appur- tenances thereto, upon filing the claim, have a lien for the value of such labour and materials upon such house, building, and appurtenances, and upon the lot of land upon which the same stand, to the extent of the right, title, and interest at that time existing of such owner, but not to a greater amount than the agreed price or the value of the labour and ma- terials unpaid at the date of filing the claim, This lien continues for one year only unless suit be mean- time commenced. There are a num- ber of Acts applicable to different kinds of work, and to certain counties and cities, as well as general pro- visions for all. The claims have to be filed with the county clerk within so many days after the completion of the work thirty, sixty, or ninety days, as the case may be. CHATTEL MORTGAGES. Every mortgage or conveyance in- tended to operate as a mortgage of goods and chattels which is not ac- companied by an immediate delivery and followed by an actual and con- tinued change of possession of the things mortgaged, is absolutely void as against the creditors of the mort- gager, and as against subsequent pur- chasers and mortgagees in good faith, unless the mortgage or a true copy thereof is filed in the office of the town-clerk in the several towns and cities of the state where the mort- gager therein, if a resident of the state, resides ; and, if not a resident, in the city or town where the mort- gaged property is at the time of the execution of the mortgage. Every mortgage so filed ceases to be valid as against creditors of the mortgager or against subsequent purchasers or mortgagees in good faith after the expiration of one year from the filing thereof, unless within thirty days next preceding such expir- ation of each and every year after the said filing a true copy of it with a statement of interest is again filed. JUDGMENTS. When the judgment of a court of record is duly docketed in a county clerk's office, it binds, and is, for ten years and no longer after such filing, a charge upon the real property and chattels real in that county which the judgment debtor has at the time of such docketing, or which he ac- quires at any time afterwards within the ten years. The judgment of a justice of the peace for $25 or more, exclusive of costs, when duly docketed, becomes a lien upon and can be en- forced against real property. The goods and chattels of a judg- ment debtor not exempt by express provision of law from levy and sale by virtue of an execution, and his other personal property, which is ex- pressly declared by law to be subject to levy by virtue of an execution, are, when situated within the jurisdiction 618 PROPERTY EXEMPT FROM LEW AND SALE. of the officer to whom an execution against property is delivered, bound by the execution from the time of the delivery thereof to the proper officer to be executed, but not before. The title to personal property acquired before the actual levy of an execution by a purchaser in good faith, and without notice that the execution has been issued, is not affected by an exe- cution delivered before the purchase was made to an officer to be executed. The party recovering a final judg- ment, or his assignee, may have exe- cution thereupon, of course, at any time within five years after the entry of the judgment. After the lapse of the five years, execution can be issued thereupon only ( 1 ) where an execution was issued within the five years and has been returned wholly or partly unsatisfied or unexecuted ; (2) where an order is made by the court grant- ing leave to issue the execution. PROPERTY EXEMPT FROM LEVY AND SALE. When owned by a householder, the following personal property is exempt from levy and sale by virtue of an execution ; and each movable article thereof continues to be so exempt while the family or any of them are removing from one residence to an- other 1. All spinning-wheels, weaving- looms, and stoves, put up or kept for use in a dwelling-house ; and one sewing-machine with its appurten- ances. 2. The family Bible, family pic- tures, and school-books used by or in the family ; and other books, not ex- ceeding in value $50, kept and used as part of the family library. 3. A seat or pew occupied by the judgment debtor or the family in a place of public worship. 4. Ten sheep, with their fleeces, and the yarn or cloth manufactured therefrom ; one cow ; two swine ; the necessary food for these animals ; all necessary meat, fish, flour, and vege- tables actually provided for family use ; and necessary fuel, oil, and can- dles, for the use of the family for sixty days. 5. All wearing apparel, beds, bed- steads, and bedding, necessary for the judgment debtor and the family ; all necessary cooking utensils ; one table ; six chairs; six knives; six forks; six spoons ; six plates ; six teacups ; six saucers ; one sugar-dish ; one milk- pot ; one teapot ; one crane and its appendages ; one pair of andirons ; one coal - scuttle ; one shovel ; one pair of tongs ; one lamp ; and one candlestick. 6. The tools and implements of a mechanic necessary to the carrying on of his trade, not exceeding in value $25. In addition to these exemptions necessary household furniture, work- ing tools, and team, professional in- struments, furniture, and library, not exceeding in value $250, together with the necessary food for the team for ninety days, are exempt when owned by a person, being a house- holder, or having a family for which he provides, except where the execu- tion is issued upon a judgment, re- covered wholly upon one or more de- mands, either for work performed in the family as a domestic, or for the purchase-money of one or more arti- cles, except as above mentioned. Where the judgment debtor is a woman, she is entitled to the same exemptions as a householder. The pay and bounty of a non-com- missioned officer, musician, or private in the military or naval service of the United States ; a land warrant, pen- sion, or other reward granted by the PROPERTY EXEMPT FROM LEVY AND SALE. 619 United States, or by a state for military or naval services ; a sword, horse, medal, emblem, or device of any kind, presented as a testimonial for services rendered in the military or naval service of the United States; and the uniform, arms, and equip- ments which were used by a person in that service, are also exempt from levy and sale, and from seizure for non-payment of taxes, or in any other legal proceeding. Land set apart as a family or pri- vate burying-ground, and designated, as prescribed by law, is exempt from sale by virtue of an execution, only upon these conditions 1. A portion of it must have been actually used for that purpose. 2. It must not exceed in extent one-fourth of an acre. 3. It must not contain, at the time of its designation, or at any time afterwards, any building or structure, except one or more vaults or other place of deposit for the dead, or mortuary monuments. Any money, thing in action, or other property held in trust for a judgment debtor, where the trust has been created by, or the fund so held in trust has proceeded from, a person other than the judgment debtor ; or the earnings of the judgment debtor for his personal services, rendered within sixty days next before the institution of the special proceedings, where it is made to appear by his oath or otherwise that these earnings are necessary for the use of a family, wholly or partly supported by his labour, are exempt from seizure. Homesteads. A lot of land, with one or more buildings thereon, not exceeding in value $1000, owned and occupied as a residence, by a house- holder having a family, and desig- nated as an exempt homestead, as prescribed by law, is exempt from sale by virtue of an execution ; but is not exempt from taxation or from sale for non-payment of taxes or as- sessments, or from sale for unpaid purchase - money, or for a debt con- tracted prior to its being duly desig- nated as an exempt homestead. A married woman may in like manner, and to like effect, designate a similar exempt homestead owned and occu- pied by her as a residence. All con- veyances containing such designation must be recorded in the office of the clerk of the county where the pro- perty is situated. The exemption continues after the death of the per- son in whose favour the property was exempted, as follows : 1. If the decedent was a woman, it continues for the benefit of her sur- viving children until the majority of the youngest surviving child. 2. If the decedent was a man, it continues for the benefit of his widow and surviving children, until the majority of the youngest surviv- ing child, and until the death of the widow. The exemption ceases earlier if the property ceases to be occupied as a residence by a person for whose benefit it may so continue ; but it is not affected by a suspension of the occupation for a period not exceeding one year, which occurs in consequence of injury to or destruction of the dwelling-house upon the premises. If the value exceeds $1000, the lien of the judgment attaches to the sur- plus, as if the property had not been designated as an exempt homestead, and the owner of the judgment may procure a sale of the property, and enforce his lien upon the surplus. The owner of real property thus ex- empt can get the exemption cancelled in terms of sec. 1404 of the Code of Civil Procedure. Any other release or waiver of an exemption of real property (allowed by art. 1 , title ii. , chap. 13 of the Code of Civil Proced- ure), or of a homestead, or a private or family burying-ground, is void. 620 USURY CORPORATIONS. A mortgage upon property so exempt is ineffectual until the exemption has been cancelled, except that such a mortgage is valid to the extent of the purchase-money of the same property secured thereby. USURY. The rate of interest upon the loan or forbearance of any money, goods, or things in action is $6 per cent per annum, and the amount of money paid or value delivered above that rate may be recovered if the action be brought within one year of the payment or delivery. If not so sued for and prosecuted with effect, the sum may be sued for and recovered with costs at any time within three years after the said one year by any overseer of the poor of the town where such payment was made, or by any county superintendent of the county. For the purpose of calculat- ing interest, a month is considered the twelfth part of a year, and as con- sisting of thirty days, and interest for any number of days less than a month is estimated by the proportion which such number of days bears to thirty. CORPORATIONS. Corporations are formed with great facility and at trifling cost, under general laws, and not by special Act except for municipal purposes, and in cases where, in the judgment of the legislature, the objects of the corporation cannot be attained under general laws. A " domestic corpora- tion " is a corporation created by or under the laws of the state, or located in the state, and created by or under the laws of the United States, or by or pursuant to the laws in force in the colony of New York before the 19th day of April 1775. Every other corporation is a " foreign corpora- tion." The immense variety of cor- porations formed under the laws is shown by the following " Titles of the corporations respectively," taken from the index of the Revised Stat- utes of New York (being 118 in number), viz. : Accumulating. Agricultural. Academies. To improve animals. Artistic. Athletic. Bathing. Banking. Benefit. Benevolent. To improve birds. Boards of trade. Books. Brandy. Bridge. Building. Business. Butter, cheese, &c. Cemeteries. Charitable. Chemical. Churches. Church sheds. Coal and peat. Co-operative. Cottou growing. To prevent cruelty to children. To prevent cruelty to animals. Curative. Dairy. Domestic animals, &c. Dramatic. Dental societies. Dredging. Driving park. CORPORATIONS. 621 Dock-building. Economical. Educational. Elevators. Fairs. Ferry. Fish. Fishing. Fine art. Fire. Gas. Gymnastic. Guano. Growing grapes. Heating. Historical. Homestead. Homoeopathic. Hook and ladder. Horticultural. Prevention of horse- stealing. To improve breed of horses. Hotels. Hunting. Ice. Insurance. Joint-stock. Laundry. Laying out lots. Libraries. Literary. Loan and trust. Manufacturing. Manufacturing leather. Masonic. Mechanical. Medical. Milk. Military drill. Mineral water. Mining. Moneyed, other than banks, &c. Soldiers' monument. Musical. Municipal. Mutual loan. Navigation. Oddfellows. Oil companies. Patriotic. Pipe line. Plank-roads. Park. Parsonages. Political. Improvement of poultry. Printing, publishing. Prevention of crime. Railroads. Raising vessels. Religious. Recreative. Safe-keeping. Savings banks. Scientific. Skating. Slaughtering. Social. Sporting. Stage-coach. Stolen animals. Small birds. Telegraph. Temperance. Towing vessels. Turnpikes. Villages. Warehouses. Water for towns and villages. Water for mining companies. Wines. Wrecking. Yachting. From the same index it appears that the purposes of "charitable, &c. , corporations," are "benevolent, charitable, chapels, churches, parson- ages, rectories, &c., educational in- stitutions, historical, scientific, mis- sionary, mission, Sunday - school, mutual religious improvement, fur- therance of religious opinion, fine I arts, library, prevention of crime. " Under the heading " religious corporations," the index discloses that there are Acts relating to the incorporation of the following : (1) Episcopal; (2) Dutch Reformed; (3) Methodist Episcopal ; (4) Roman Catholic; (5) Greek; (6) Reformed Presbyterian ; (7) Free ; (8) Baptist ; (9) Presbytery electing trustees to 622 GAME AND FISH PROTECTION STATE COMMISSION OF FISHERIES. become incorporated; (10) Presby- tery, classes, synod, convention, &c., electing trustees to care for the pro- perty of unincorporated churches ; (11) the election of trustees by the United Brethren in Christ, &c., &c. GAME AND FISH PROTECTION. Laws of 1880, chap. 591, author- ised the governor to appoint eight persons to be known as game and fish protectors, whose duty it should be to enforce the statutes for the preservation of moose, wild - deer, birds, and fish, or any other game- laws, and to bring, or cause to be brought, actions and proceedings in the name of the people of the state to recover any penalties or amounts, or to punish any parties for the viola- tion of said statutes or laws. These protectors, or any of them, may without warrant arrest offenders and bring them before a justice of the police, or police justice, or other magistrate having jurisdiction, who shall proceed without delay to hear, try, and determine the matter, and give and enforce judgment. STATE COMMISSION OF FISHERIES. In 1868, a commission of fisheries for the State of New York was estab- lished, and there are now four com- missioners appointed by the governor of the state. Their duties were at first to examine the various rivers, lakes, and streams of the State of New York, and the waters adjoining the same, with a view of ascertaining whether they could be rendered more productive of fish, and what measures were desirable to effect this object, either in restoring the production of fish in them or in protecting or pro- pagating the fish that then frequented them or otherwise. In 1870 the com- missioners were directed to establish the artificial propagation of shad, white-fish, and salmon-trout in the waters of the state at such points I as they might select, to employ the ' necessary labour to conduct the same, i and to take such other steps toward improving the fisheries of the state as they should think advisable, at any expense not exceeding $10,000. They should report yearly on the condition of the fisheries. Certain provisions have been enacted as to close-time, fishing by ponds, weirs, and set nets, &c., fishing near estab- lished fishways, punishment by fine | or imprisonment,