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$51. If any person shall refuse or neglect to deliver over to his successor any books or papers, as required in the preceding section, such successor may make complaint thereof to the chancellor, any justice of the supreme court, any circuit judge of the circuit, or the first judge of the county, where the person so refusing shall reside; and if such officer be satisfied by the oath of the complainant, and such other testimony as shall be offered, that any such books or papers are withheld, he shall grant an order, directing the person so refusing to show cause before him, within some short and reasonable time, why he should not be compelled to deliver the same.

ART. 5.

Delivery how enforced.

$ 52. At the time so appointed or at any other time to which the Proceedings. matter may be adjourned, upon due proof being made of the service of the said order, such officer shall proceed to inquire into the circumstances. If the person charged with withholding such books or papers, shall make affidavit before such officer, that he has truly delivered over to his successor, all such books and papers in his custody or appertaining to his office, within his knowledge, all further proceedings before such officer shall cease, and the person complained against shall be discharged.

son may be

$53. If the person complained against shall not make such oath, Ib. when perand it shall appear that any such books or papers are withheld, the offi- committed. cer before whom such proceedings shall be had, shall by warrant commit the person so withholding, to the jail of the county, there to remain until he shall deliver such books and papers, or be otherwise discharged according to law.

rant when is

$ 54. In the case stated in the last section, if required by the com- Search warplainant, such officer shall also issue his warrant directed to any sheriffed. or constable, commanding them, in the day time, to search such places as shall be designated in such warrant, for such books and papers as belonged to the officer so removed, or whose term of office expired, in his official capacity, and which appertained to such office, and seize and bring them before the officer issuing such warrant.

thereupon.

$55. Upon any books and papers being brought before such offi- Proceedings cer, by virtue of such warrant, he shall inquire and examine whether the same appertain to the office, from which the person so refusing to deliver, was removed or of which the term expired, and he shall cause the same to be delivered to the complainant.

papers how

when officer

$56. If any person appointed or elected to any office, shall die, or Books and his office shall in any way become vacant, and any books or papers obtained belonging or appertaining to such office, shall come to the hands of dies, &c. any person, the successor to such office may, in like manner as herein before prescribed, demand such books cr papers, from the person having the same in his possession; and on the same being withheld, an order may be obtained, and the person charged, may in like man

TITLE 1. ner, make oath of the delivery of all such books and papers that ever came to his possession; and in case of omission to make such oath, and to deliver up the books and papers, so demanded, such person may be committed to jail, and a search warrant may be issued, and the property seized by virtue thereof, may be delivered to the complainant, as herein before prescribed.

Qualifications.

CHAP. VI.

Of Elections, other than for Militia and Town Officers.

TITLE 1. Of the qualifications, disabilities and privileges of electors.
TITLE 2.-Of general and special elections; the time and purpose of
holding them, and the persons by whom held.

TITLE 3. Of the mode of notifying general and special elections.
TITLE 4.-Of the manner of conducting elections.

TITLE 5. Of the final canvass, and the mode of declaring and certifying

the result.

TITLE 6. Of the election of representatives in congress, electors of president and vice-president, and senators in congress.

TITLE 7.-Penalties for violating the provisions of this Chapter, and for misconduct at elections.

TITLE 8.-Miscellaneous provisions.

TITLE I.

OF THE QUALIFICATIONS, DISABILITIES AND PRIVILEGES OF ELEC-
TORS.

SEC. 1. Qualifications of voters, except persons of colour.

2. Qualifications of persons of colour.

3. Persons convicted of infamous crimes not to vote unless pardoned.

4. No civil process to be served on an elector during election.

SECTION 1. Every male citizen of the age of twenty-one years, who shall have been an inhabitant of this state one year next preceding any election, and for the last six months a resident of the county where he may offer his vote, is entitled to vote in the town or ward where he actually resides, and not elsewhere, for all officers that now are, or hereafter may be, elected by the people.1

§ 2. No man of colour can vote at any such election, unless he shall have been for three years a citizen of this state, and for one year next preceding the election at which he shall offer his vote, shall have been seized and possessed of a freehold estate of the value of two hundred and fifty dollars, over and above all debts and incumbrances

(1) First amendt. to cons.

charged thereon; and shall have been actually rated and paid a tax TITLE 2. thereon.2

§3. No person who shall have been convicted, within this state, Disabilities. of an infamous crime, at any time previous to an election, shall be permitted to vote thereat; unless he shall have been pardoned by the executive, and by the terms of such pardon restored to all the rights of a citizen.3

$ 4. Whenever an election shall be held in any city or town pur- Privileges. suant to this Chapter, no civil process shall be served in such city or town on any elector entitled to vote therein, on either of the day's during which such election shall be held."

TITLE II.

OF GENERAL AND SPECIAL ELECTIONS; THE TIME AND PURPOSE OF
HOLDING THEM; AND THE PERSONS BY WHOM HELD.

SEC. 1. General elections defined.

2. Register and clerk of New-York to be chosen at general elections.

3. Special elections defined.

4. Elections, when to be held.

5. Duration of elections.

6. In what cases special elections are to be held.

7. When special election is not held, vacancy to be filled at next general election.

8. Vacancies in office of representatives in congress, senator, &c. to be filled at general
election.

9. Vacancies not filled at a general election, to be supplied by special election.

10. Special elections, by whom ordered.

11. Contents of the proclamation of governor ordering special election.

12. Elections in New-York, Albany, Troy and Schenectady, to be by wards; in Brook-
lyn, by districts; and in other places, by towns.

13. Supervisor, &c. inspectors in towns.

14. Common council in New-York, Albany, Troy and Schenectady, and trustees of

Brooklyn, to choose inspectors.

15. Persons so chosen, to be inspectors of all special elections held within the year. 16. Two of them may act. Vacancies, how supplied.

tions.

$1. General elections are such as are held at the same time in General elec every county, for the election of all or some of the following officers, namely : governor, lieutenant-governor, senators, members of assembly, sheriffs, clerks of counties, coroners, justices of the peace, representatives in congress, and electors of president and vice-president.

$ 2. The register and clerk of the city and county of New-York, 16. shall also be chosen at a general election.

tions.

33. Special elections are such as are held only in a particular dis- Special elec trict or county, at a time when no general election is held, for the choice of one or more of the officers proper to be chosen at a general election.

$ 4. General elections shall be held on the first Monday of No- When held. vember in every year;5 special elections at the times and places of

(2) Cons. art. 2, § 1. (3) Laws of 1822, p. 280, § 25. (4) Ib. § 22. (5) Laws of 1822, p. 267, § 1.

TITLE 2 which legal notice shall have been given; but no special election shall be held within forty days previously to a general election.

Duration.

Special elec

tions

Vacancies.

Ib.

Ib.

Ib.

Ib. how ordered.

Proclamation.

$5. General elections shall be held, and continued by adjournment, for three days in succession; special elections shall be so held for two days only.

$6. Special elections shall be held in the following cases :

1. When an officer other than a governor, lieutenant-governor and elector of president and vice-president proper to be chosen at a general election, shall not have been chosen by reason of two or more candidates having received an equal number of votes for the same office.

2. When the right of office of a person elected to the office of a senator, member of the assembly, sheriff, or clerk of any county, or sheriff, clerk, or register of the city and county of New-York, shall cease before the commencement of the term of service for which such officer shall have been elected.

3. When a vacancy occurs in the office of any member of assembly after the last day of December in any year, and before the first day of February following, if such vacancy shall deprive a county of its entire representation.7

$7. When a special election shall not have taken place as required by law, the vacancy which ought to have been supplied by such election shall be supplied at the next general election.

$8. All vacancies in the office of representative in congress, senator, justice of the peace, sheriff and clerk of any county, or sheriff, clerk, or register of the city and county of New-York, shall be supplied at the general election next succeeding the happening thereof; but when the term of service of any such officer will expire at the end of the year during which the vacancy in his office shall occur, no person shall be chosen to supply such vacancy, but the usual election shall be held for a new officer to hold during the constitutional term.

$9. If a vacancy proper to be supplied at a general election, shall not have been supplied at the general election next succeeding the happening thereof, a special election to supply such vacancy shall then be held.

10. Special elections in the first case provided for in the sixth section of this Title, shall be ordered by the board of canvassers having the power to determine on the election of the officer omitted to be chosen; in all other cases, such elections shall be ordered by the governor, who shall issue his proclamation therefor.8

$11. Such proclamation shall specify the county or district in which such special election is to be held; the cause of such election;

(6) Laws of 1822, p. 267, § 1. (7) Laws of 1822, p. 278, § 18; 1823, p. 418, § 1; 1826, p 279, § 1 & 3. (8) Laws of 1826, p. 279, § 1 & 3 ; laws of 1823, p. 418, § 1.

the name of the officer in whose office the vacancy has occurred; the time when his term of office will expire; and the day on which such election is to be held, which shall not be less than thirty nor more than forty days from the date of the proclamation."

ART. 1.

how held.

$ 12. Elections in the cities of New-York, Albany, Troy and Elections Schenectady, shall be by wards; in the village of Brooklyn, by districts; and in all the other parts of the state, by towns. 10

13. The supervisor, assessors and town clerk of each town, shall Inspectors. be the inspectors of elections in such town.11

$14. The common councils of the cities of New-York, Albany, 1b. Troy and Schenectady, at their usual place of meeting in each of said cities, and the trustees of the village of Brooklyn, at their usual place of meeting in said village, shall, on or before the second Monday of October in every year, by plurality of voices, choose from among the electors actually resident in each ward of the said cities, and in each district of said village of Brooklyn, three persons for inspectors of the general election then next to be holden in such ward or district.11

$15. The persons so chosen shall also be inspectors of all special Ib. elections, which may be held in their respective cities or village, during the ensuing year. 12

$16. Any two of such inspectors may act; and in case of the death . or inability of either of them to act, the common council, or trustees, may thereafter appoint another in his place.12

TITLE III.

OF THE MODE OF NOTIFYING GENERAL AND SPECIAL ELECTIONS.

ART. 1. Of the notice to be given by the secretary of state.

ART. 2. Of the notices to be given by the county and state canvassers.

ART. 3. Of the notices to be given by the sheriff, clerk or first judge, and by the inspec

tors.

ARTICLE FIRST.

Of the Notice to be given by the Secretary of State.

Sec. 1. Secretary of state to give notice of election of governor and lieutenant-governor.
2. To give notice of the names of senators whose term of service will expire.
3. When there is a vacancy to be filled at a general election, to give notice thereof.

4. When special election is ordered by governor, secretary of state to deliver copy of
proclamation.

5. Copy of every notice issued by secretary of state, and proclamation of governor, to
be published.

51. The secretary of state shall, once in every two years, between G vernor's the first day of July and the first day of September, immediately pre

(9) Laws of 1826, p. 279, § 1 ; laws of 1823, p. 418, § 1. (10) Laws of 1822, p. 267, § 1. (11) Ib. § 2 (12) Ib. § 18; laws of 1825, p. 418, § 1.

election.

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