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R. S., Part III-Continued.

CHAPTER X-Continued.

2R S.

650

652

Title IV.-General provisions concerning the fees of officers, and per-
sons to whom any allowance is made for services...... 2747
Title V.-Of the taxation of costs.....

2748

[Repealed.]

PART IV.

An act concerning crimes and punishments; proceedings in criminal cases; and prison discipline..........

.......

2749

[blocks in formation]

[Repealed.]

[blocks in formation]

Of offiences against the person, punishable by imprison-
ment in a State prison........

2750

[Repealed.]

666

ment in a State prison.....

2750

689

Title III. Of offences against property, punishable by imprison

[blocks in formation]

[Repealed.]

Of offences affecting the administration of justice....... 2750
[Repealed.]

Of offences against the public peace and public morals,
and other miscellaneous offences, punishable by im-
prisonment in a State prison..
[Repealed.]

Title VI. Of offences punishable by imprisonment in a county jail,

and by fines................

.... 2751

2751

[Subsequent acts on the same subject ]- - -

2751

697

Title VII.—General provisions concerning crimes and their punish

[blocks in formation]

Title I. Of proceedings to prevent the commission of crimes...... 2759

Title II. Of the arrest and examination of offenders; their commitment for trial; and letting them to bail......... 2759 [Repealed.]

[Subsequent acts on this subject] -

Title III. Of trials for offences before courts of special sessions of

the peace....
[Repealed.]

[Subsequent acts on this subject.]- - - .

.. 2759

..... 2761

.. 2761

IV.—Of indictments and proceedings before trial.................................... 2765 Article 1.-Of the return and summoning of grand juries; their powers and duties...

[blocks in formation]

Article 2.-Of indictments and proceedings thereon.
Article 3.-Of the removal of indictments before trial or judgment....... 2774
[Repealed.]

2765 2773

R. S., Part IV-Continued.

CHAPTER II-Continued.

2 R. S.

733

737

Title V. Of trials for offences; bills of exceptions; and other
proceedings incident to trial........
[Repealed.1

Title VI. Of judgments; the mode of enforcing them; and of

737

740

742

742

744

745

749

753

2774

writs of error thereon.....................................

2775

Article 1.—Of judgments; the evidence thereof, and the mode of enforc-
ing them.....

2775 Article 2.—Of writs of error on judgments, and certioraris in criminal cases. 2776 [Repealed.]

Title VII.-Special proceedings in criminal cases; and miscellaneous provisions respecting criminal proceedings.... 2776

[blocks in formation]

Article 2.-Of the outlawry of persons convicted of treason.....

[Repealed.}

2776

2777

Article 3.-Miscellaneous provisions respecting criminal proceedings..... 2777 Title VIII.—Of the fees of officers and ministers of justice in criminal cases.....

... 2778

CHAPTER III.

Of the government and discipline of county and State prisons,
and of the conduct and treatment of prisoners therein...

[L. 1847, Chap. 460.]

Title I. Of the county prisons.......

2788

.... 2788

2788

Article 1.-Designation of the several county prisons, and provisions con-
cerning their management....
Article 2.-Of the inspection of county prisons, and the discharge and de-
livery of prisoners confined herein....

Title II. Of the State prisons...........

[blocks in formation]

Article 1.-Of the custody and government of State prisons; the officers
connected therewith, and their powers, duties and compen-

sation.

2793

Article 2.-Regulations concerning the labor of convicts, and making of
contracts for their employment and support......

2809

Article 3.-Regulations concerning the disposition, treatment and conduct

of prisoners....

2814

Article 4.-Special provisions relative to one or more of the State prisons. 2818Title III.-General provisions applicable to all the prisons treated

....... 2823

of in this chapter...................
Title 3.-Additional provisions relating to county and State
prisons, including penitentiaries and the State
reformatory........

2826

Title 33.-Of the superintendent of State prisons; the State
agent for discharged convicts; and the compen-
sation of officers connected with the State prisons. 2859
Title 30.-Of houses of refuge for juvenile delinquents and

women, and the State industrial school............ 2862

ACCEPTANCE AND RATIFICATION

BY THE

STATE OF NEW YORK

OF THE

Articles of Confederation of the United States of America.

LAWS OF THE STATE OF NEW YORK, PASSED AT THE FIRST SESSION OF THE
LEGISLATURE, HELD AT POUGHKEEPSIE, IN DUTCHESS COUNTY.

L. 1778, Chap. III.

AN ACT of Accession to and Approbation of, Certain proposed Articles of Confederation and perpetual Union, between the United States of America, and to authorize the Delegates of the State of New-York to ratify the same on the part and behalf of this State, in the Congress of the said United States.

PASSED 6th February, 1778.

WHEREAS, The Freedom, Sovereignty and Independence of the said States which, with a Magnanimity, Fortitude, Constancy and Love of Liberty, hitherto unparalleled, they have asserted and maintained against their cruel and unrelenting Enemies, the King and Parliament of the Realm of Great Britain, will for their lasting and unshaken Secu- . rity, in a great measure depend, under God, on a wise, well-concerted, intimate and equal Confederation of the said United States; and whereas, the Honorable the Congress of the said United States have transmitted, for the Consideration of the Legislature of this State, and for their Ratification in case they shall approve of the same, the following Articles of Confederation, to wit:

ARTICLES OF CONFEDERATION, &c.

TO ALL TO WHOM THESE PRESENTS SHALL COME,

We, the undersigned, Delegates of the States affixed to our names, send greeting:

confederation.

WHEREAS, The Delegates of the United States of America in Con- Articles of gress assembled did, on the fifteenth day of November, in the year of our Lord one thousand seven hundred and seventy-seven, and in the second year of the independence of America, agree to certain articles of confederation and perpetual union between the states of New-Hampshire, Massachusetts Bay, Rhode-Island and Providence Plantations,

Style of the confeder. acy. Rights re

the states.

Objects of

Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, in the words following, viz.:

Articles of Confederation and perpetual Union between the States of New-Hampshire, Massachusetts Bay, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia.

ARTICLE 1. The style of this confederacy shall be, "The United States of America."

ART. 2. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this confederation expressly delegated to the United States in Congress assembled. ART. 3. The said states hereby severally enter into a firm league of the confed friendship with each other for their common defence, the security of their liberties, and their mutual and general 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.

eracy.

Mutual privileges of the free

of the sey

ART. 4. The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants inhabitants of each of these states, paupers, vagabonds, and fugitives eral states. from justice excepted, shall be entitled to all privileges and immunities 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 restrictions, as the inhabitants thereof respectively, provided that such restrictions 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 inhabitant; provided also, that no imposition, duties, or restriction, shall be laid by any state on the property of the United States or either of them.

Persons

guilty of

If any person guilty of or charged with treason, felony, or other high crimes to be misdemeanor, in any state, shall flee from justice, and be found in any of the United States, he shall, upon demand of the governor or executive power of the state from which he fled, be delivered up, and removed to the state having jurisdiction of his offence.

given up.

Faith to oe given to the

Full faith and credit shall be given in each of these states to the acts of each records, acts, and judicial proceedings of the courts and magistrates of every other state.

state.

Delegates to be annually ap

may recall its delegates, &c. Number

ART. 5. For the more convenient management of the general interests of the United States, delegates shall be annually appointed in such pointed,&c. manner as the legislature of each state shall direct, to meet in congress Each state on the first Monday in November, in 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. No state shall be represented in congress by less than two nor by and qualifi- more than seven members; and no person shall be capable of being a delegates delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or another for his benefit, receives any salary, fees, or emolument of any kind.

cations of

Delegates

how maintained.

Each state

Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states.

In determining questions in the United States in congress assembled,

to have one each state shall have one vote.

vote.

Privileges of members of con

gress.

Freedom of speech and debate in congress shall not be impeached or questioned in any court or place out of congress; and the members of congress shall be protected in their persons from arrests and imprison

ments, during the time of their going to and from and attendance on congress, except for treason, felony, or breach of the peace.

negotiate

powers.

ART. 6. No state, without the consent of the United States in congress No state to assembled, shall send any embassy to, or receive any embassy from, or with forenter into any conference, agreement, alliance, or treaty, with any king, eign prince, or state; nor shall any person holding any office of profit or trust Persons under the United States, or any of them, accept of any present, emolu- holding ment, office, or title of any kind whatever, from any king, prince, or for- to accept eign state; nor shall the United States in congress assembled, or any presents. of them, grant any title of nobility.

offices not

Congress not to grant

nobility.

two or more states

No state to

posts or

No two or more states shall enter into any treaty, confederation, or titles of alliance whatever between them, without the consent of the United Treaties States in congress assembled, specifying accurately the purposes for between which the same is to be entered into, and how long it shall continue. No state shall lay any imposts or duties, which may interfere with prohibited. any stipulations in treaties entered into by the United States in congress lay inter assembled, with any king, prince, or state, in pursuance of any treaties fering im already proposed by congress to the courts of France and Spain. duties. 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 Regula in congress assembled for the defence of such state or its trade; nor shall tions reany body of forces be kept up by any state in time of peace, except such naval and number only as, in the judgment of the United States in congress assem- establishbled, shall be deemed requisite to garrison the forts necessary for the ments, the defence of such state; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and have constantly ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition, and camp equipage.

specting

military

militia, &c.

except in

engage in

missions to

sels, &c.

No state shall engage in any war without the consent of the United States in congress assembled, unless such state be actually invaded by No state, enemies, or shall have received certain advice of a resolution being certain formed by some nation of Indians to invade such state, and the danger cases, to is so imminent as not to admit of a delay till the United States in con- war; nor gress assembled can be consulted; nor shall any state grant commissions grant com. to any ships or vessels of war, nor letters of marque or reprisal, except armed vesit be after a declaration of war by the United States in congress assembled, and then only against the kingdom or state, and the subjects thereof, 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.

officers of the land

forces, to

be appointed by each

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 Certain by the legislature of each state respectively, 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 state. incurred for the common defence or general welfare, and allowed by the All charges United States in congress assembled, shall be defrayed out of a com- to be demon treasury, which shall be supplied by the several states in propor- frayed out tion to the value of all land within each state granted to or surveyed mon treafor any person, as such land and the buildings and improvements thereon sury shall be estimated, according to such mode as the United States in how sup plied. congress assembled shall from time to time direct and appoint.

of war, &c.

of a com

Treasury

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