my vote at this election, nor upon any trust or under. A. D. 1811. standing, express or implied, to reconvey such frechold during or after this election, and that I am an actual resward, (or town of in the ident of the county of (as the case may be,) and have not been before polled in any part of this state at this election; and further, that I will true answers make to any interrogatories which shall be put to me by the inspectors of this election, touching the situation and boundaries of such freehold, from whom and by what conveyance I derive title to the same." And that whenever any one shall present himself to give his vote or ballot for members of assembly at any such election, and either of the inspectors thereof shall suspect, or any person entitled to vote for members of assembly in the same town or ward, shall challange him to be unqualified for the purpose, the inspectors, instead of the oath prescribed in the seventh section of the said act, to be tendered and administered to any person so presenting himself to vote for members of assembly, shall tender and administer the following oath, "I do sol- Oath to be emnly and sincerely swear and declare (or affirm,) in tendered to the presence of Almighty God, that I am a natural born members of or naturalized citizen of the state of New-York, or of assembly. one of the United States, of the age of twenty-one years, according to the best of my knowledge and belief, and that I am and have been for six months next and immediately preceding this election a freeholder, and possessed of a freehold in my own right, (or in my wife's right, as the case may be,) of the value of fifty dollars, in the county of (or have for six months next and immediately preceding this election, rented a tenement of the value of five dollars, within the county of and have been rated and actually paid taxes to this state,) and that I am now an actual resident of the ward (or town) of (as the electors for Persons re oaths to case may be,) and that I have not been polled before in any part of the said county at this election." And in fusing to case any elector shall refuse to take the said oaths or take such affirmations respectively, and shall persist in such re- lose their fusal during such election, his ballot shall not be received at such election; and if any elector shall be guil votes. A. D. 1811. False swear ing to be punished as ty of wilful and corrupt false swearing or affirming, in taking the said oaths or affirmations respectively, or in taking any oath or affirmation prescribed by the act perjury. entitled "An act for regulating elections," and the act entitled "An act for regulating the election of representatives for this state in the house of representatives of the Congress of the United States," every such person shall be adjudged guilty of wilful and corrupt perjury, and shall upon conviction thereof suffer the punishment now directed by law in cases of wilful and corrupt perjury. Highway taxes con taxes to the state for II. And be it further enacted, That every person sidered as who shall have been rated and actually paid highway taxes by commutation, or by labor done on the highways, shall be considered as having paid taxes to the state, for the purpose contemplated in the seventh section of the act entitled "An act for regulating elections," passed the twenty-fourth day of March, in the year one thousand eight hundred and one. Blacks or produce III. And be it further enacted, That whenever any mulattos to black or mulatto person shall present himself to vote certificates at any election in this state, he shall produce to the of freedom. inspectors or persons conducting such election, a cer In what manner procured. ificate of his freedom, under the hand and seal.of any one of the clerks of the counties of this state, or under the hand of a clerk of any town within this state. IV. And be it further enacted, That it shall and such certif- may be lawful for every black or mulatto person withicates to be in this state, to make and exhibit proof before any one of the justices of the supreme court, any mayor, recorder, or judge of any court of common pleas within this state, of his freedom, such proof to be reduced to writing and exhibited in the county where the person producing the same shall reside. And provided the said justice, mayer, recorder or judge be of opinion, that the person producing the same is free according to the laws of this state, he shall certify the same in writing, stating therein a brief description of the person so adjudged to be free, his age, the place of his birth, and the time when he became free, as nearly as the same can be ascertained, and it shall be t when pro record. the duty of the said black or mulatto person to cause A. D. 1811. the said proof to be filed, and the certificate of the Certificates said justice, mayor, recorder or judge, to be entered cured to be t of record, either in the clerk's office of the said coun- entered of ty, or in the clerk's office of some one of the towns in the said county, and a copy of the said record, certifi- Blacks or ed under the hand of the clerk in whose office the mulattoes prohibited same shall be recorded, shall be the certificate of free- from voting dom required by the preceding section, to be produc- such certified at all such elections, and unless such certificate cate. shall be produced, no black or mulatto person shall be permitted to vote at any such election. 1. without V. And be it further enacted, That the officer taking Fees for tak such proof shall be entitled, as a compensation for ing proof and giving taking the same, twenty-five cents, and for giving such certificate certificate, the further sum of twelve and an half cents, to be paid by the person applying for the same; and the clerk for filing such proof and recording such certificate shall be entitled to such fees as are usual for like services. if challeng tify himself VI. And be it further enacted, That every black Black or or mulatto person producing such certificate, shall, if mulattoes, required by any one of the inspectors of such election, ed to iden or if challenged by an elector, make oath or affirma- by oath tion, that he is the identical person named and intended in such certificate, and if any person shall be guilty of false swearing in taking such oath or affirmation, False swear he shall be adjudged guilty of wilful and corrupt per- punished as jury, and shall upon conviction thereof, suffer the perjury ishment now directed by law in cases of wilful and corrupt perjury. pun ing to be quired to make affida spect to VII. And be it further enacted, That it shall be law- Persons ful for such justice of the supreme court, mayor, re- may be recorder, or judge, on application by any black or mu- appear and latto person, to issue a summons, requiring any per- vit with reson residing within the county wherein such applica- freedom of tion shall be made, to appear and make affidavit of all black or such matters and things as he or she may know concerning the freedom of such black or mulatto person; and whenever any person shall refuse to appear and make affidavit in pursuance of such summons, a war mulatto. pear or vit may be A. D. 1811. rant shall issue from such justice, mayor, recorder or Persons re judge, to compel his or her appearance, and if on his or fusing to ap her appearance, he or she shall refuse to make affidamake affida vit or affirmation, as the case may require, of the facts committed which may be within his or her knowledge, touching to prison the matter to be enquired into, he or she may be committed to the common gaol of the county, there to remain without bail or mainprize for a term not exceeding one calender month. Duty of Se cretary of lation to this act VIII. And be it further enacted, That it shall be the state in re- duty of the secretary of this state, to cause this act to be forthwith printed, and sent by messengers, to be by him appointed, to the clerks of the several counties in this state, which clerks respectively are hereby re quired to cause the same to be forthwith delivered to the clerks of the respective towns in such county, and the amount of such expences as shall be incurred herein shall be audited and allowed by the comptrol ler, and be paid on his warrant, by the treasurer, out of any monies in the treasury not otherwise appropri ated. This act to ed IX. And be it further enacted, That the secretary be publish- of this state shall as soon as possible cause this act to be published in all the newspapers printed in the state, and that the said publications shall be continued until the expiration of the next election, and the expences thereof shall be paid as aforesaid. Court of general ses CHAP. CCII. An ACT to improve the Police of the city of New- 1. Passed April 9th, 1811. E it enacted by the people of the state of NewYork, represented in Senate and Assembly, That the court of general sessions of the peace in and for sions, when the city and county of New-York shall be held on the first Monday in May next, and on the first Monday of every month thereafter, and may continue and be held every day (Sundays excepted) from the commence. ment of the same until and including Saturday in the second week thereafter: Provided however, That it and how long to be held shall be lawful for the said court to adjourn on any A. D. 1811. day previous to the expiration of the said term. Aldermen, II. And be it further enacted, That it shall be the their duty duty of two of the aldermen of the said city to attend to attend as as judges of the said court, when notified and required A compen for that purpose by the mayor or recorder, and it shall sation may and may be lawful for the common council to provide for their at a suitable compensation for their attendance. judges be provided tendance tice to be III. And be it further enacted, That an additional Additional special justice for preserving the peace in the city of special jusNew-York shall be appointed, who shall perform the appointed same duties, possess the same powers, and enjoy the same emoluments as the other special justices for preserving the peace in the said city. tice to be sions IV. And be it further enacted, That the special jus- Special justices for preserving the peace in the said city shall be judge of the ex-officio judges of the said court of general sessions general sesin like manner as the aldermen of the said city, and shall, whenever required by the mayor or recorder, attend the said court in that capacity. general ses ed from day next term Recognizance and ings contin ued. tice to ac V. And be it further enacted, That in case such Court of court of general sessions shall not be formed at any sins time by reason of the non-attendance of all or any of be adjourn the judges thereof, it shall and may be lawful for the to day till clerk of such court to adjourn the same from day to day, or until the next term, and that all recognizances and other proceedings shall be continued over accord-proceedingly. VI. And be it further enacted, That it shall be the Special jusduty of the said special justices on the first Monday count for in January and July in each year, to account upon oath monies and before the mayor, or in his absence, the recorder of their office the said city, for all such monies, goods, wares and twice a year merchandize as shall then be and for six months then next preceding shall have been remaining unclaimed in the police-office of the said city, and immediately thereafter to give public notice for six weeks in the paper published by the printer to this state, and also in one of the papers printed in the city of New-York, to all persons interested in or claiming said property, to make proof thereof before the said justices on a day goods in |