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 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 :" 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. 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. THE REVISED STATUTES consist of FOUR PARTS, which are denominated ACTS. The FIRST PART of the Revised Statutes is entitled "An Act concerning the Territorial Limits and Divisions, the Civil Polity, and the Internal Administration of this State ;" and consists of TWENTY CHAPTERS, with the CHAP. I. OF THE BOUNDARIES OF THE STATE, AND ITS TERRITORIAL JURISDIC- TION: Containing three Titles. Title 1. Of the boundaries of the state, p. 61.* Title 2. Of the sovereignty and jurisdiction of Title 3. Of the places ceded to the United CHAP. II. OF THE CIVIL DIVISIONS OF THE Title 1. Of the several counties of this state,83. Title 2. Of the senate districts, 84. Title 3. Of the congress districts, 84. Title 4. Of the several towns of this state, 86. Title 5. Of the several cities in this state, 86. Title 6. General provisions concerning the erection and alteration of counties, &c. 86. CHAP. III. OF THE CENSUS, OR ENUMERA- TION OF THE INHABITANTS OF THIS STATE, 87. CHAP. IV. OF THE RIGHTS OF THE CITI- ZENS AND INHABITANTS OF THIS STATE, 92. CHAP. V. OF THE PUBLIC OFFICERS OF THIS STATE, OTHER THAN MILITIA AND TOWN OFFICERS; THEIR ELECTION OR AP- POINTMENT; THEIR QUALIFICATIONS, AND Title 1. Of the number, location, and classifi- cation of the public officers of this state, 95. Title 2. Of legislative officers, 102. Title 3. Of executive officers, 103. Title 4. Of judicial officers: Containing four Art. 1. Of judicial officers appointed by the Art. 2. Of judicial officers appointed by Art. 3. Of judicial officers appointed by the local authorities of a county or city, 109. Art. 4. Of judicial officers elected by the Title 5. Of administrative officers, 113. Title 6. General provisions applicable to all the civil officers of this state, or to certain classes of them: Containing five Articles. Art. 1. General provisions respecting the ap- pointment of officers; their qualifications; the commencement and duration of their Art. 2. Of nominations to offices, and the Art. 3. Of the oath of office, and the official Art. 4. Of resignations, vacancies and remo- vals, and the means of supplying them, 121. Art. 5. Proceedings to compel the delivery of books and papers by public officers, to their CHAP. VI. OF ELECTIONS, OTHER THAN FOR MILITIA AND TOWN OFFICERS: Con- Title 1. Of the qualifications, disabilities and Title 2. Of general and special elections, the *The figures refer to the pages in this volume, at which the Titles and Articles contained in Title 3. Of the mode of notifying general and || CHAP. VIII. OF THE DUTIES OF THE EXE- Art. 2. Of the notices to be given by the Art. 3. Of the notices to be given by the she- riff, clerk or first judge, and by the inspec- Title 4. Of the manner of conducting elec- tions: Containing four Articles. Art. 1. Of the formation of the board of in- Art. 2. Of the manner of voting, and of chal- 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- Art. 1. Of the board of county canvassers, Art. 2. Of the duties and proceedings of the Art. 3. Of the duties of the secretary of state, Art. 4. Of the formation and proceedings of Art. 5. Of the subsequent duties of the secre- Title 6. Of the election of representatives in congress; electors of president and vice- president, and senators in congress: Con- Art. 1. Of the election of representatives in Art. 2. Of the election of electors of presi- Art. 3. Of the formation and proceedings of Art. 4. Of the election of senators in con- Title 7. Penalties for violating the provisions of this chapter, and for misconduct at elec- Title 8. Miscellaneous provisions, 150. CHAP. VII. OF THE LEGISLATURE: Contain- ing six Titles. Title 1. Of the apportionment of the members Title 2. Of the powers, duties and privileges of the two houses, and their members and Title 3. Of applications to the legislature, 155. Title 4. Of the enactment and promulgation of statutes, and of the time from which they 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 CUTIVE OFFICERS OF THE STATE, AND OF RESPECTIVE DEPARTMENTS: Containing Title 1. Of the governor, lieutenant-governor, or other person administering the govern- 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 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 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 CHAP. IX. OF THE FUNDS, REVENUE, EX- PENDITURES AND PROPERTY OF THE STATE, Title 1. Of the general fund, and the expendi- tures chargeable thereon, 188. Title 2. Of the canal fund, and the administra- Title 3. Of the literature fund, 196. Title 4. Of the common school fund, 196. Title 5. Of the public lands, and the superin- 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, Art. 4. Of grants of land under water, 209. Art. 5. Regulations concerning the protection of the public lands, and the payment of Art. 6. Of the duties of the commissioners of the land-office, in regard to lands belong- Title 6. Of mortgages to the people of this Title 7. Of the public buildings and erections, |