Jail.

Circuit court.

passed the 13th February 1787. That all district or town meetings to be held in the said county, for the purpose of electing district or town officers, shall be held in the manner directed by the act, entitled "An act for dividing the counties of this State into towns," passed the 7th March, 1788. And that the State and district or town officers, shall be respectively liable to all the duties enjoined on them by the laws of the State, and be subject to all the fines, pains and penalties, for neglect of duty or mal-conduct, as are directed by law.

And be it further enacted by the authority aforesaid, That until a gaol. shall be provided in the said county of Ontario, it shall and may be lawful to and for the officers and ministers of justice in the said county, to commit any person charged with the commission of any capital offence, in the said county of Ontario, to the common gaol of the county of Montgomery; and that it shall not be the duty of the justices of the supreme court, to hold a circuit court once in every year, in the said county of Ontario, unless in their judgment they shall deem it proper and necessary; any thing in the act entitled "An act for regulating trials of issues, and for returning able and sufficient jurors," to the conState tax. trary notwithstanding. Provided always, and it is hereby declared, that nothing in this act shall be so construed as to imply, that any State tax, can or will be levied within the said county of Ontario, until the expiration of the exemption stipulated by the deed of session and agreement between this State, and the Commonwealth of Massachusetts.

State divided into six con

districts.

CHAP. 12.

AN ACT directing the times places and manner of electing Representatives in this State, for the house of representatives of the Congress of the United States of America.

PASSED the 27th of January, 1789.

Be it enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, gressional That this State shall be and hereby is divided into six districts, as follows, that is to say, the counties of Suffolk, Queens, Kings and Richmond shall be one district, and the city and county of New York and Westchester county except the towns of Salem, North Salem, Courtlandt, York Town, and Stephen Town shall be one district, and the county of Dutchess and the towns of Salem, North Salem, Courtlandt, York Town and Stephen Town in Westchester county shall be one district; and the counties of Ulster and Orange shall be one district, and the counties of Columbia, Washington and Clinton with all the remaining part of this State lying on the east side of Hudsons river, shall be one district, and that part of the county of Albany, which lies on the west side of Hudsons river and the counties of Montgomery and Ontario shall be one Qualifica district; and that at every election in each district for representatives of the people of this State in the house of representatives of the Congress of the United States, a person who shall have attained the age of twenty five years, who shall have been seven years a citizen of the United States, and who shall then be an inhabitant of this State shall be chosen by the people of such district, that is to say, by such persons who are or shall be qualified to vote for members of the assembly of this State, each of whom shall be entitled to vote for one person as such

tions of electors.

conducting

mittal of

representative, and the person who shall have the greatest number of votes in such district shall be the representative; and all such elections shall be held and conducted by such persons and in the same manner Manner of as the elections for members of the assembly of this State are by law to elections be held and conducted; and upon closing the poll at every such elec- and transtion the poll books or lists, shall after due examination and correction ballots. thereof be signed by the inspectors attending the closing of the poll books or lists, and by the clerks who shall have kept the same poll books or lists respectively; and the box containing the ballots shall then be opened, and the ballots contained therein be taken out, and without being opened or inspected, shall, together with both the poll books or lists be immediately put up under cover and enclosed, and the enclosure bound with tape, and sealed in such manner as to prevent its being opened without discovery, and the inspectors present at closing of the poll shall then put their seals and write their names upon the same enclosure; and one of the inspectors then present, to be appointed for that purpose by a majority of them, shall without delay and within five days thereafter, deliver the same enclosure, so sealed up as aforesaid, to the sheriff of the county, who shall upon receiving the said enclosures without opening or inspecting the same, or any of them, put the said enclosures, and every of them, into one box, which shall be well closed and sealed up by him; and he shall put his seal and write his name and the name of his county on the said box, and shall within fourteen days thereafter either in person or by his sufficient deputy, deliver the said box without opening the same or the enclosures therein contained, into the office of the secretary of this State, where the same shall be safely kept by the secretary of this State, or by his deputy, unbroken and unopened, until the meeting of the committee herein after mentioned and appointed, to canvass and estimate the ballots therein contained, when all the said boxes shall be delivered, unbroken and unopened to them; and for which service, the sherifs of the respective counties shall be allowed at and after the rate of one shilling per mile, for going to the secretary's office, to be computed from the sherifs place of abode in each county, to the secretary's office, and to be paid on the certificate of the secretary, by the treasurer of the State out of any monies in his hands unappropriated.

And be it further enacted by the authority aforesaid, That the inspect- District of ors of the elections in that part of the county of Albany, now called the Saratoga. district of Saraghtoga and the inspectors at any future election subsequent to the first day of April next, when the said district will become the town of Saraghtoga, and the town of Stillwater, shall at all elections for such representatives as aforesaid, take and keep the votes and poll lists of the electors on each side of Hudsons river, separately from each other, designating, whether such poll lists are respectively made for that part of the said district or towns, as the case may be, on the east or west side of the said river, and inclose them with the ballots in separate enclosures, and shall mention in writing in such poll lists and on such enclosures, on which side of Hudsons river the voters respectively dwell. And be it further enacted by the authority aforesaid, That the commit- Canvass of tee annually to be appointed by virtue of the act entitled "An act for votes. regulating elections" passed the 13th day of February 1787, or the major part of them, shall, and hereby are authorized and required, to canvass and estimate the votes to be taken as aforesaid for members of the house of representatives of the Congress of the United States; and shall on the third Tuesday in May, next after every such election, meet together at the office of the secretary of this State; and the said com

Majority of

canvassers may act.

Oath of

canvassers.

Time of holding elections

and making can

vass.

mittee or the major part of them shall on the said day, and within so many days thereafter as shall be necessary for the purpose, proceed to open the said boxes one after the other, and the enclosures therein contained respectively, and canvass and estimate the votes therein contained, and as soon as they shall be able to determine upon such canvass and estimate who by the greatest number of votes shall have been chosen a member of the house of representatives of the Congress of the United States, in each of the said districts, and within fourteen days next after the said third Tuesday in May, they shall determine the same; and thereupon without delay make and subscribe with their own proper names and hands writings, a certificate of such determination in a book to be kept for that purpose, in the said secretary's office, there to remain of record, and without delay deliver or cause to be delivered a true copy thereof so subscribed as aforesaid, to each of the persons so elected respectively, and another copy thereof so subscribed as aforesaid, to the house of representatives of the Congress of the United States, at their then or next meeting; and that all and every duty enjoined on the said committee by this act, shall and may be exercised by the chancellor and justices of the supreme court, on the occasions, and in the manner directed by the said act.

And be it further enacted by the authority aforesaid, That when a majority of the said committee shall meet at any time for the purpose of canvassing and estimating the votes taken for any such representative or representatives, such majority shall be, and hereby are authorized empowered and required, to proceed to such canvass and estimate; and all questions which shall arise upon such canvass and estimate, or upon any of the proceedings therein, shall be determined according to the opinion of the major part of the committee so met.

And be it further enacted by the authority aforesaid, That the said committee, or such of them as shall meet to make such canvas and estimate as aforesaid, shall, before they proceed to open any of the boxes delivered by the sherifs as aforesaid, severally take and subscribe the oath prescribed by the eleventh section of the said act, adding after the word senators (in the said oath) "and for member or members of the house of representatives of the Congress of the United States," which oath the said committee or any of them are hereby authorized and required to administer to each other; and the same shall be entered of record by the said secretary, or his deputy, in the same book in which the certificate of their determination is to be recorded as aforesaid.

And be it further enacted by the authority aforesaid, That the first election in this State for such representatives as aforesaid, shall begin on the first Tuesday in March next, and general elections for such representatives shall be held at the times following, that is to say, the first general election next after that which is to be held on the first Tuesday in March next, shall be held on the last Tuesday in April one thousand seven hundred and ninety, and every subsequent general election shall be held on the last Tuesday in April in every second year thereafter; and in case of any vacancy or vacancies, by death or otherwise, in the said office of representatives, between any of the said general elections, the person administering the government of this State for the time being shall by proclamation give notice thereof, and shall in such proclamation signify out of what district or districts the person or persons are to be elected to fill such vacancy or vacancies, and shall also appoint a day, not less than forty nor more than sixty days, from the day of the publication of such proclamation, for such election, and cause a copy of such proclamation to be delivered to each sherif within such districts,

and the respective sherifs shall give notice in writing of such election to the supervisors of the several towns or districts within their bailiwyck within eight days after receiving such proclamation; and notices shall be published by the supervisors to the people; and such elections shall be held and conducted by such persons and in the same manner as the general elections for representatives, are herein before directed to be held and conducted; and the secretary of this State for the time being, shall within ten days after receiving the boxes containing the ballots taken at any such election, by special messengers at the expence of this State, give notice thereof in writing to each member of the said committee, and require his attendance at the secretary's office at a certain day not less than twenty days nor more than thirty days from the date of the said notice, to canvass and estimate the votes taken at such election; and such canvass and estimate shall be made by the said committee, or a majority of them, and in the same manner, and such certificates of their determination be made and given, as is and are herein before directed upon a general election for representatives. Provided nevertheless, that the canvass and estimate of the votes to be taken at the election to be held on the first Tuesday in March next, shall be made on the first Tuesday in April next, at such place as the person administering the government of this State for the time being, shall appoint; and if he shall not appoint the city of New York, he shall then give timely notice to the secretary of this State to attend either by himself or by his deputy, with the boxes at the place appointed.

and cor

And be it further enacted by the authority aforesaid, That if any per- Bribery son shall be guilty of bribery or corrupt conduct at any such election, rupt conor in any of the duties required of him by this act, or shall neglect or duct. refuse to perform any of the duties required of him by this act, every such person so offending, shall be liable to the same pains and penalties, as are imposed for the like offences in and by the act entitled "An act for regulating elections," and to be recovered and applied in the manner therein directed.

out.

And be it further enacted by the authority aforesaid, That no officer Militia not or other person shall call or order any of the militia of this State to to be called appear or exercise, on any day or at any time during any such election, or at any time within twenty days before the ordinary and established days of election, (except in cases of invasion or insurrection) on pain of forfeiting the sum of two hundred pounds for every such offence, to be recovered by any person who will sue for the same, with costs, the one moiety of such penalty to his own use, and the other moiety thereof to the people of this State.

cess not to

And be it further enacted by the authority aforesaid, That it shall not Civil probe lawful for any officer or minister of justice, to serve any civil process be served. in any city or town within this State, on any person entitled, to vote at any such election, between the day preceding any election, and the day subsequent to the closing of the poll at such election, in such city

or town.

Tax levied in New York city

gent

charges.

CHAP. 13.

AN ACT to enable the mayor recorder and aldermen of the city of New York, to order the raising monies by tax for the maintenance of the poor, and for defraying the other contingent expences, arising in the city and county of New York.

PASSED the 2d of February, 1789.

Be it enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, for contin- That the mayor, recorder and aldermen, of the city of New York, or the major part of them, (of whom the mayor or recorder to be one) shall be, and hereby are fully authorised and empowered, as soon as conveniently may be, after the passing of this act, to order the raising the sum of six thousand pounds, by a tax on the estates real and personal, of the freeholders and inhabitants within the city and county of New York, to be applied to the support and maintenance of the poor of the said city and county, the Bridewell, and the criminals from time to time confined in the prison of the said city and county, and to the repairing and maintaining the public roads, and cleaning and improving the streets, within Watchmen the said city and county. And also a further sum of four thousand pounds, by a tax on the estates real and personal, of the freeholders and inhabitants within the said city, on the south side of a line beginning at the outlet of the meadow of Leonard Lispenard Esquire, into Hudsons river; thence extending to and along the north side of the dwelling house of Nicholas Bayard, Esquire, thence to and along the side of the dwelling house of Morgan Lewis Esquire, and thence to and along the north side of the dwelling house of Abraham Cannon to the East river, to be applied to the payment of so many watchmen, as the mayor, aldermen and commonalty of the said city, in common council convened, shall think necessary for guarding the said city; and also the purchasing oil, providing lamps and repairing and attending the lamps which now are, or hereafter may be erected within the said city; which said several sums above mentioned shall be rated and assessed according to the estate of each respective person, so to be taxed, and collected in one payment, and paid into the hands of the treasurer or chamberlain of the said city, at such times as the said mayor recorder and aldermen, or the major part of them, shall direct and appoint; any thing in the second section of the statute entitled "An act for the more effectual collection of taxes, in the city and county of New York," contained, to the contrary notwithstanding.

Fees of collectors and treasurer.

And be it further enacted by the authority aforesaid, That it shall and may be lawful for the collectors in the several wards of the said city, to retain in their own hands, the sum of six pence in the pound, and no more, for their trouble, in collecting and paying the monies by this act directed to be raised, to the treasurer or chamberlain of the said city. And further that it shall and may be lawful for the treasurer or chamberlain of the same city, to retain in his own hands, the sum of two pence in the pound, and no more, for his trouble in receiving and paying out, the monies aforesaid..