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7. The second volume commences with a table of contents, enumerating all the chapters, titles, and articles contained in that volume, with references to the pages at which they are to be found:

8. To the second volume is subjoined a copious and minute General Index to every provision contained in the two volumes.

It is here proper to state the following facts: The act of the 21st of April 1825 [continued by the acts of 1827, p. 252 and 1828 p. 434 S8] authorised and directed a revision of the statutes upon the plan of the following work, and appointed JOHN DUER, BENJAMIN F. BUTLER and HENRY WHEATON to perform that duty. Mr. Wheaton being appointed, in the spring of 1827, Chargé des affaires of the United States, to the court of Denmark, resigned his place; and was succeeded by JOHN C. SPENCER, who was appointed on the 21st of April 1827, by DE WITT CLINTON, then Governor of this state. The board thus constituted continued in the commission until the completion of the work. The whole of the First Part, and all the chapters of the Second part, except the first, were passed at the meeting of the legislature which commenced on the 11th of September 1827. During the first meeting of the legislature of 1828, and the second meeting which began on the 9th of September in that year, the first chapter of the Second Part, and the Third and Fourth Parts, were reported and passed. In consequence of the professional and other engagements of Mr. Duer, the Third and Fourth Parts as presented to the legislature, were prepared by the remaining members of the board, assisted only by the occasional advice of their colleague. They also prepared the marginal notes, references, indexes, &c., and superintended the printing and publishing of the volumes.

Although the draughts of the Revised Statutes were prepared by the Revisers, it is due to truth and justice to remark, that in the course of enactment, many alterations were made. Some of these were proposed by the joint committees to whom the several chapters were referred, and others were suggested by individual members of the legislature, who brought to the task the various and practical knowledge so essential to the perfection of the work; and who, with unwearied diligence, devoted their time and labour to its completion. In connexion with this. topic, it is hoped that it will not be deemed out of place, here to reiterate the acknowledgment made by the Revisers, in their last general report, of "their grateful sense of the manner in which the various propositions submitted by them, in the discharge of their arduous and responsible duties, had been received and considered by the respective houses" and the avowal "that they would have sunk under the weight

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of responsibility attached to a work so novel in character and so vast in importance, had they not been sustained and cheered by the ready cooperation of the legislature; and had they not felt a confident security in the intelligence and discretion of those, who were finally to pass on the result of their labors."

JOHN DUER,

B. F. BUTLER,

JOHN C. SPENCER.

Albany, January 1829.

NOTE.

By the "act concerning the Revised Statutes," passed December 10th, 1828, such of those statutes as were not then-in force, are severally to commence and take effect as laws, on the FIRST DAY OF JANUARY, 1830.

By the "act concerning the Revised Statutes, passed at the present meeting of the Legislature," passed on the 4th of December, 1827, the following Chapters and parts of Chapters of the First Part of the Revised Statutes, as originally passed, commenced and took effect on the first day of January, 1828, viz:

1. Chapter VI. entitled "Of elections, other than for militia and town officers :"

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2. Chapter VIII. entitled "Of the duties of the executive officers of the state, and of various matters connected with their respective departments :" 3. Chapter IX. entitled "Of the funds, revenue, expenditures and property of the state, and the administration thereof," except § 186 of the ninth Title thereof, originally passed as § 181, which section took effect on the first day of January, 1829; but the forfeiture therein mentioned, does not take effect until six months thereafter:

4. Chapter X. entitled "Of the militia and the public defence :"

5. Chapter XIII. entitled "Of the assessment and collection of taxes :"

6. Chapter XIV. entitled "Of the public health:

7. The second Title of Chapter XV. entitled "Of public instruction," which Title relates to the common schools:

8. Chapter XVI. entitled "Of highways, bridges and ferries:"

9. Chapter XVIII. entitled "Of incorporations."

Chap. XVII. of the First Part, entitled "Of the regulation of trade in certain cases," as the same was originally passed, commenced and took effect on the first day of May, 1828.

Various additions and alterations, in the Chapters above enumerated, were made by subsequent acts of the Legislature, and are particularly noted in the body of the work. These took effect at the several times when the acts directing them, were passed.

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Pursuant to the "act concerning the Revised Statutes," passed on the 10th of December, 1828, We, the undersigned, two of the Revisers of the Statutes of the state of New-York, do hereby certify, that the text of the Revised Statutes contained in this volume, has been examined and compared by us with the original acts passed by the Legislature, and with the acts amending such originals; and that this volume was printed by the printers employed by us for that purpose, under the authority conferred by law.

January 31, 1829.

B. F. BUTLER,

JOHN C. SPENCER.

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*The figures refer to the pages in this volume, at which the Titles and Articles contained in
it, severally commence.

Title 3. Of the mode of notifying general and || CHAP. VIII. OF THE DUTIES OF THE EXE-
special elections: Containing three Articles.
Art. 1. Of the notice to be given by the se-
cretary of state, 129.

Art. 2. Of the notices to be given by the
county and state canvassers, 130.

Art. 3. Of the notices to be given by the she-

riff, clerk or first judge, and by the inspec-

tors, 131.

Title 4. Of the manner of conducting elec-

tions: Containing four Articles.

Art. 1. Of the formation of the board of in-
spectors and the appointment of clerks, 132.

Art. 2. Of the manner of voting, and of chal-

lenges, 133.

Art. 3. Of the duties of the board of inspec-

tors, and clerks of the poll, 135.

Art. 4. Of the canvass and estimate of the

votes by the board of inspectors, 137.

Title 5. Of the final canvass, and the mode of

declaring and certifying the result: Contain-

ing five Articles.

Art. 1. Of the board of county canvassers,

and their proceedings, 139.

Art. 2. Of the duties and proceedings of the

county clerk, 141.

Art. 3. Of the duties of the secretary of state,
previous to the meeting of the state can-
vassers, 142.

Art. 4. Of the formation and proceedings of
the board of state canvassers, 143.

Art. 5. Of the subsequent duties of the secre-

tary of state, 144.

Title 6. Of the election of representatives in

congress; electors of president and vice-

president, and senators in congress: Con-

taining four Articles.

Art. 1. Of the election of representatives in
congress, 145.

Art. 2. Of the election of electors of presi-
dent and vice-president, 145.

Art. 3. Of the formation and proceedings of

the college of electors, 147.

Art. 4. Of the election of senators in con-

gress, 148.

Title 7. Penalties for violating the provisions

of this chapter, and for misconduct at elec-

tions, 149.

Title 8. Miscellaneous provisions, 150.

CHAP. VII. OF THE LEGISLATURE: Contain-

ing six Titles.

Title 1. Of the apportionment of the members

of the legislature, 151.

Title 2. Of the powers, duties and privileges

of the two houses, and their members and

officers, 153.

Title 3. Of applications to the legislature, 155.

Title 4. Of the enactment and promulgation of

statutes, and of the time from which they

take effect, 156.

Title 5. Of the mode of taking testimony in

certain legislative proceedings, 158.

Title 6. Of the compensation of the members

of the legislature and their officers, and the

contingent expenses of the senate and as-

sembly, 161.

CUTIVE OFFICERS OF THE STATE, AND OF
VARIOUS MATTERS CONNECTED WITH THEIR

RESPECTIVE DEPARTMENTS: Containing
eight Titles.

Title 1. Of the governor, lieutenant-governor,

or other person administering the govern-

ment of the state, 163.

Title 2. Of the secretary of state, 165.

Title 3. Of the comptroller: Containing three

Articles.

Art. 1. Of the general duties and powers of

the comptroller, 169.

Art. 2. Of proceedings against persons ac-

countable for public monies, 172.

Art. 3. Of the settlement of accounts for

lands purchased from, or mortgaged to the

people of this state, 174.

Title 4. Of the treasurer, 176.

Title 5. Of the attorney-general, 179.

Title 6. Of the surveyor-general, 181.

Title 7. Of the state printer, 182.

Title 8. Provisions relating to two or more of

the executive officers, 184.

CHAP. IX. OF THE FUNDS, REVENUE, EX-

PENDITURES AND PROPERTY OF THE STATE,
AND THE ADMINISTRATION THEREOF: Con-
taining thirteen Titles.

Title 1. Of the general fund, and the expendi-

tures chargeable thereon, 188.

Title 2. Of the canal fund, and the administra-

tion thereof, 193.

Title 3. Of the literature fund, 196.

Title 4. Of the common school fund, 196.

Title 5. Of the public lands, and the superin-
tendence and disposition thereof: Contain-
ing six Articles.

Art. 1. Of the general powers and duties of

the commissioners of the land-office, 197.

Art. 2. Of the survey and appraisement of un-

appropriated lands, previous to sale, 199.

Art. 3. Of the sale of the unappropriated

lands, and the execution of grants therefor,

200.

Art. 4. Of grants of land under water, 209.

Art. 5. Regulations concerning the protection

of the public lands, and the payment of

charges thereon, 209.

Art. 6. Of the duties of the commissioners of

the land-office, in regard to lands belong-

ing to the canal fund, 210.

Title 6. Of mortgages to the people of this
state, and the foreclosure thereof, 211.

Title 7. Of the public buildings and erections,

214.

Title 8. Of the state library, 215.

Title 9. Of the canals, containing nine Arti-

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