3 N. Y. Crim. R., of a grand jury; and in every trial on impeachment or indictment, 70; 35 Hun, the party accused is to be allowed counsel as in civil actions, or he may appear and defend in person. 519. Criminal proceedings. Private property. [Const., art. I, § 6.] § 13. No person can be subject for the same offence, to be twice put in jeopardy of life or limb; nor can he be compelled in any criminal case to be a witness against himself; nor be deprived of 1 Hun, 108. life, liberty or property, without due process of law; nor can private property be taken for public use, without just compensation. [Const., art. I, § 6.] Rights of accused persons. Justice to § 14. In all criminal prosecutions, the accused has a right to a speedy and public trial, by an impartial jury, and is entitled to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; and to have compulsory process for obtaining witnesses in his favor. [ 6th amendt. Const. U. S.] § 15. Neither justice nor right should be sold to any person, nor be speedy. denied, nor deferred; and writs and process ought to be granted freely and without delay, to all persons requiring the same, on payment of the fees established by law. Fines. Bail, &c. [1 R. L., 48, § 6.] § 16. No citizen of this state ought to be fined or amerced without reasonable cause, and such fine or amercement should always be proportioned to the nature of the offence. [1 R. L., 48, § 7.] § 17. Excessive bail ought not to be required, nor excessive fines 1 Edm. Sel. imposed, nor cruel nor unusual punishments inflicted. [1 R. L., 48, § 8; 8th amendt. to Const. U. S.] Elections. Right to petition. Liberty of speech, &c. § 18. All elections ought to be free; and no person by force of arms, malice, menacing, or otherwise, should presume to disturb or hinder any citizen of this state in the free exercise of the right of suffrage. [1 R. L., 48, § 9.] § 19. It is the right of the citizens of this state to petition the governor, or either house of the legislature; and all commitments and prosecutions for such petitioning are illegal. [1 R. L., 48, § 10.] § 20. Every citizen may freely speak, write, and publish his senti6 Barb., 58. ments on all subjects, being responsible for the abuse of that right; and no law can be passed to restrain or abridge the liberty of speech or of the press. [ Const., art. I, § 8.] § 21. In all prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party is to be acquitted; and the jury have the right to determine the law and the fact. [Const., art. I, § 8. ] L. 1873, Chap. 186– An act to provide for the protection of citizens in their civil and public rights. [Sections 1 and 2 repealed by L. 1886, ch. 593.] Repeal. § 3. Discrimination against any citizen on account of color, by the use of the word "white," or any other term in any law, statute, ordinance or regulation now existing in this state, is hereby repealed and annulled. 11 Abb. N. C., 187; 28 Alb. L. J., 471; 43 Hun, 538; 93 N. Y., 438. L. 1878, Chap. 212 – An act to establish the right of citizens of this state to carry on their business in all parts thereof, Discrimination against residents of other parts of state. SECTION 1. It shall not be lawful for the authorities of any county, city or village, to impose upon the inhabitants of any other county, city or village within this state, carrying on or desiring to carry on, any lawful trade, business or calling within the limits thereof, any restriction or condition whatever, except such as may be necessary for the proper regulation of such trade, business or calling, and such as apply equally and impartially to the citizens of all parts of the state alike, and all ordinances in violation of the provisions of this act are hereby declared to be null and void. But the provisions of this act shall not apply to the ordinances or regulations of any county, city or village in this state, in reference to travelling circuses, shows and exhibitions. [Thus amended by L. 1879, ch. 417.] L. 1880, Chap. 298 - An act to protect the rights of citizens of this state owning and holding claims against other states. Citizens having claims against other states may assign claim to state. SECTION 1. Any citizen of this state, being the owner and holder of any valid claim against any of the United States of America, arising upon a written obligation to pay money, made, executed and delivered by such state, which obligation shall be past due and unpaid, may assign the same to the state of New York, and deliver the assignment thereof to the attorney-general of the state. Such assignment shall be in writing, and shall be duly acknowledged before an officer authorized to take the acknowledgment of deeds, and the certificate of such acknowledgment shall be duly indorsed upon such assignment before the delivery thereof. Every such assignment shall contain a guaranty, on the part of the assignor, to be approved by the attorney-general, of the expenses of the collection of such claim, and it shall be the duty of the attorney-general, on receiving such assignment, to require, on behalf of such assignor, such security for said guaranty, as he shall deem adequate. Attorney-general to prosecute action. § 2. Upon the execution and delivery of such assignment in the manner provided for in section one of this act, and furnishing the security as in said section provided, and the delivery of such claim to him, the attorney-general shall bring and prosecute such action or proceeding in the name of the state of New-York, as shall be necessary for the recovery of the money due on such claim, and the said attorney-general shall prosecute such action or proceeding to final judgment, and shall take such proceedings after judgment as may be necessary to effectuate the same. Proceeds to be delivered to treasurer for use of assignor. § 3. The attorney-general shall forthwith deliver to the treasurer of the state, for the use of such assignor, all moneys collected upon such claim, first deducting therefrom all expenses incurred by him in the collection thereof, and said assignor, or his legal representatives, shall be paid said money by said treasurer upon producing the check or draft therefor of the attorney-general to his or their order and proof of his or their identity. L. 1881, Chap. 400—An act to prevent discriminations against any person on account of his race, creed, or color. No discrimination allowed on account of race, creed, or color. SECTION 1. No person shall be denied the full and equal enjoyment of the accommodations, advantages, facilities and privileges of all hotels, inns, taverns, restaurants, public conveyances on land or water, theaters and other places of public resort or amusement, because of race, creed or color. Penalty. § 2. Any person who shall violate the foregoing section by denying to any person, because of his race, creed or color, full enjoyment of any of the accommodations, advantages, facilities and privileges hereinbefore mentioned, or by aiding or inciting thereto, shall for every such offense be deemed guilty of a misdemeanor, and punished accordingly. L. 1882, Chap. 216– An act in relation to the examination and admission to the bar of law students in certain cases. Who may be admitted to practice. SECTION 1. Any male citizen of the United States twenty-one years of age, and of good moral character, who shall have graduated with the degree of bachelor of laws from any duly organized law school or law department of any university or college within this state prior to the first day of July, one thousand eight hundred and eighty-two, or who has been prevented from passing the examination preliminary to graduation with the degree of bachelor of laws in any duly organized law school or law department of any university within this state, by reason of his necessary absence from such university while a member of the legislature, shall on passing a satisfactory examination, as hereinafter provided, be entitled to admission to the bar of this state as attorney and counsellor at law, and licensed and authorized to practice as such in all the courts of the state. Court to direct examination and admit to practice. § 2. On application of any such person to the supreme court at a general term thereof for examination and admission to the bar, and if he be a graduate, on production of his diploma or certificate of graduation, the court shall direct his examination by the standing committee on the examination of applicants for admission to the bar, or by such other committee as the court may appoint for such purpose, and shall make an order admitting to the bar of this state as attorney and counsellor at law any such applicant as shall have passed a satisfactory examination. L. 1883, Chap. 522 – An act in relation to the examination and admission to the bar in certain cases. Any person having served a full term as surrogate may be admitted to the bar. SECTION 1. Any male citizen of this state of good moral character who shall have served a full term as surrogate of any county of this state shall on passing a satisfactory examination as hereinafter provided be entitled to admission to the bar of this state as attorney and counsellor at law, and licensed and authorized to practice as such in all the courts of the state. Upon presentation of proof court to direct examination, etc. § 2. On application of any such person to the supreme court at a general term thereof, for examination and admission to the bar and the production of a certificate from the clerk of the county wherein such person has served as surrogate, showing that such person has served a full term as surrogate, or upon other satisfactory proof of such facts the court shall direct his examination by the standing committee on the examination of applicants for admission to the bar, or by such other committee as the court may appoint for such purpose, and shall make an order admitting to the bar of the state as attorney and counsellor at law any such applicants who shall have passed a satisfactory examination. TITLE 3. TITLE III. Of Applications to the Legislature. SEC. 1. Persons intending to apply for new county, etc., to give notice of their applications. 2. Notice to be given of applications for acts of incorporation, etc. 3. Notices how published, if no paper in county. 4. Contents of the notice in the case of corporations. 5. Contents in other cases. SECTION 1. All persons applying to divide or alter the bounds of any county, city or village; or to erect a new county; or to incorporate a new city or village: And all persons applying for the removal of any court-house; or the imposing of a tax for making or improving a road, or for any other local purpose in any county, where all or any of the inhabitants of such county are proposed to be taxed: Shall give notice of such intended application by advetisement to be published for at least six weeks successively, immediately before such application, or before the first day of the session at which the same is to be made, in a newspaper printed in the county or in each of the counties where the objects of such application are intended to be carried into effect, and also in case of intended application for the imposition of any tax as aforesaid, in the state paper. [1 R. L., 268; L. 1818, 121. ] § 2. Every association intending to apply to the legislature for an act of incorporation, and every corporation intending to apply for an Ib. alteration, amendment, or extension of its charter, shall cause the like notice of such application to be published in the state paper, and also in a newspaper printed in the county in which such corporation is intended to be, or shall have been, established. [ 1 R. L., 268; L. 1818, 121.] Ib. § 3. If no newspaper be printed in a county in which any notice . is required to be published, such notice shall be published in like manner, in the place nearest thereto in which a newspaper shall be printed. [1 R. L., 268; L. 1818, 121.] [156] § 4. If the application be for an act of incorporation, the notice Contents of shall specify the amount of the capital stock requisite to carry the notice. objects of such incorporation into effect; and if the application be for an alteration in any charter already granted, the notice shall state specifically the alteration intended to be applied for. [1 R. L., 268; L. 1818, 121.] 5. The notice of all other applications, of which notice is re- Ib. quired to be given, shall specify the nature and objects of such intended applications. [1 R. L., 268; L. 1818, 121.] |