10. The privilege of the writ of habeas corpus cannot be suspended, unless when in cases of rebellion or invasion the public safety may require its suspension.

11. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures ought not to be violated; and no warrants can issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons things to be seized.

or

12. No person can be held to answer for a capital or otherwise infamous crime (except in cases of impeachment; and in cases of the militia when in actual service, and of the land and naval forces in time of war, or which this state may keep, with the consent of Congress in time of peace, and in cases of petit larceny under the regulation of the legislature), unless on presentment or indictment of a grand jury; and in every trial on impeachment or indictment the party accused is to be allowed counsel as in civil actions, or he may appear and defend in person.

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 life, liberty, or property without due process of law; nor can private property be taken for public use, without just compensation.

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 favour.

15. Neither justice nor right should be sold to any person, nor 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.

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.

17. Excessive bail ought not to be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted.

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.

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.

20. Every citizen may freely speak, write, and publish his sentiments 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.

21. In all prosecutions 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.

By chap. 186 of the laws of 1873, no citizen shall, by reason of race, colour, or previous condition of servitude, be excepted or excluded from the full and equal enjoyment of any accommodation, advantage, facility, or privilege furnished by innkeepers, by common carriers, whether on land or water, by licensed owners,

managers, or lessees of theatres or other places of amusement, by trustees, commissioners, superintendents, teachers, and other officers of common schools and public institutions of learning, and by cemetery associations. Parties convicted of a violation of any part of this provision are guilty of a misdemeanour, and subjected to a fine of from $50 to $500. Discrimination against any citizen, on account of colour, by the use of the word "white," or any other term, in any law, statute, ordinance, or regulation then existing in the state, was repealed and annulled.

By chap. 212 of the laws of 1878, as amended by laws of 1879, chap. 417, 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 the 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 thereby declared to be null and void. But these provisions do not apply to the ordinances or regulations of any county, city, or village in this state in reference to travelling circuses, shows, and exhibitions.

Laws of 1880, chap. 298. Any citizen of this state, being the owner and holder of any valid claim against any

of the United States, arising upon a written obligation to pay money, made, executed, and delivered by such state, which obligation is 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. This assignment must be in writing, and duly acknowledged and certified. Every such assignment shall contain a guaranty on the part of the assignor, approved by the attorney-general, of the expenses of the collection of such claim, and it is 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. He then prosecutes to final judgment, &c.; and delivers to the treasurer of the state, for the use of the assignor, all moneys collected upon the claim, first deducting all expenses, and the treasurer honours the attorney-general's cheque or draft to the order of the assignor or his legal representatives upon proof of his or their identity.

Laws of 1881, chap. 400. 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, theatres and other places of public resort or amusement, because of race, creed, or colour. Offenders against this provision are, for every such offence, deemed guilty of a misdemeanour, and punished accordingly.

As is customary for state legislatures to do, the State of New York, by passing state laws in similar terms, has adopted the several United States statutes relating to Indians

within the State of New York. In 1875, it was enacted that, if within ninety days after the passage of the Act, the trustees of "the Thomas Asylum for Orphan and Destitute In

dian Children," a corporation created by chap. 233 of the laws of 1855, should transfer and convey to the people of the State of New York all of the property of said corporation, the management and control of the asylum should be assumed and continued by ten managers on the part of the state, who should serve without pay, and whose term of office should be six years, subject to removal at any time by the governor for cause shown; and all vacancies caused by removal, expiration of term of office, or otherwise, should be filled by the governor, by and with the advice and consent of the senate. The managers, on application, receive destitute and orphan children from each of the several reservations located within the state, and furnish them such care, moral training, and education, and such instruction in husbandry and the arts of civilisation as they prescribe by their rules and by-laws. The asylum is at all times subject to the visitation, supervision, and control of the state board of charities; and the managers annually, on or before the fifteenth day of January, report to the legislature the condition of the asylum, including a true account in detail of the receipt and disbursement of all moneys that come into their hands, the number, age, and sex of the destitute and orphan Indian children in the asylum, with the name and reservation to which they belong, and portion of the year each has been maintained and instructed in the asylum. There is annually allowed and appropriated the sum of $8500 for the support and maintenance, at the rate of $85 per capita per annum for each child maintained and educated.

The male members of the St Regis tribe, over twenty-one years of age, met, according to an Act of 1875, on their reservation in the county of Franklin, and elected three trustees

and a clerk for their tribe, the trustees to hold office for one, two, and three years, to be decided by lot, the clerk for one year; and from that time the said electors meet annually, on the first Tuesday of June, and elect one trustee, who holds his office for three years, and a clerk, who holds his office for one year. The trustees have charge of the timber and stone on the unoccupied lands of their reservation, and may prosecute, with the consent of the attorney for the tribe, in the name of the tribe, by giving satisfactory security for costs to the court in which they prosecute, any person or persons, other than Indians, for any trespass on their reservation by cutting or removing timber, or removing any stone therefrom, and such offenders, other than Indians, forfeit and pay three times the value of any such property cut or taken away. It is not lawful for Indians to cut or dispose of any timber or stone on the reservation except for their own use, and any Indian violating this provision may be prosecuted in like manner as if he were not an Indian; any person buying or receiving any timber, wood, or stone taken from the reservation without the written consent of the trustees, or the majority of them, and the attorney for the tribe, forfeits twice the value thereof, to be recovered by suit in like manner before stated. Moneys so recovered, and received from any other source, by the trustees or other parties belonging to the tribe, are paid to the attorney for paying their annuities; and after paying all legal charges of the prosecution, the balance is apportioned and divided among the individual members of the tribe, in like manner as the annuity. The attorney pays to each trustee $10 per annum, for services as trustee, out of any money in his hands belonging to the tribe, and no other

compensation is allowed or retained by them for services as trustees.

The county clerk of Cattaraugus county may make and certify to copies of the surveys and maps of the Allegany reservation as made by United States commissioners and on file in his office, or any part or portion thereof, or of either of said maps, or of any lot, lease, part, or portion thereof, and such copy so certified is received in evidence in any matter, action, or proceeding in which the original might be admitted in evidence upon being duly proved. He is not subject to subpoena to produce any map or any certificate thereto, nor is he required to remove the same from the clerk's office of the county. The male Seneca Indians of the age of twenty-one years and upwards residing upon the Complanter reservation in the New York Indian reservation have the right to vote at any annual or special election of officers of the Seneca nation of Indians, and to hold office under the constitution of the Seneca nation, the same as if actually residing upon the Allegany reservation.

By the laws of 1881, chap. 188, those parts of the Allegany Indian reservation included in the villages of Vandalia, Carrollton, Great Valley, Salamanca, West Salamanca, and Red House, as surveyed, located, and established by United States commissioners, were constituted parts of the several towns within which they were located, and all the general laws of the state were extended over and

should apply to the same. Provided that nothing should be construed to authorise the taxation of any Indian, or the property of any Indian not a citizen of the United States, all acts of commissioners of highways or other town officers of the towns in which these villages were located, concerning the lands or roads therein; all

proceedings incorporating villages on said lands, or of the officers of such villages concerning the same, or under acts of incorporation; all proceedings forming school districts within such villages; and all acts or proceedings of school officers in such districts, theretofore done or performed, which would have been legal if such villages or the land included therein had not constituted a part of said reservation, -were thereby ratified, legalised, and confirmed. Land in said villages held by or under lease from the Seneca nation, which the holders were entitled to have renewed, should be for all purposes considered a freehold estate, and the owners of such leases freeholders, and the rights of dower and tenant by courtesy should attach thereto, and should, upon the death of any person owning the same without having devised it, descend in the same manner as a freehold of inheritance, and should for that purpose be treated as real estate: provided, however, that the rights of Indians in such leases should descend as provided by the laws of the Seneca nation.

By the laws of 1881, chap. 355, the highway laws of the State of New York were extended over the Indian reservations located therein, and commissioners of highways of towns in which any Indian reservation was located in whole or in part might, by and with the consent of the national or tribal authorities of the tribe or nation occupying such reservation, lay out and establish, in the manner provided by law, highways on or across such reservation, and the highway commissioner of such town should thereafter be charged with maintenance of such road and the bridges thereon. But nothing should be construed to authorise the taxation of any Indian, or the property of any Indian not a citizen of the United States.

counties of Cayuga, Chautauqua, Chenango, Jefferson, Monroe, Oneida, Orange, Oswego, St Lawrence, Sullivan, Tioga, Tompkins, and Washington. Surrogates—

One for each county having a population exceeding 40,000, in which the board of supervisors, at any meeting of such board, may, by resolution, provide for the election of such officer, other than the county judge.

Special surrogate in each of the counties of Cayuga, Chautauqua, Jefferson, Oneida, Orange, Oswego, St Lawrence, Sullivan, Washington.

Justices of sessions

2 in each county, except the city and county of New York, selected from the justices of the peace. Superior court of the city of New York

6 judges.

A clerk.

Court of common pleas for the city and county of New York

6 judges.

A clerk.

(state reporter).

Superior court of Buffalo

3 judges.

A clerk.

Supreme court

3 judges.

A clerk.

City court of Yonkers

Judge.

Clerk..

Marine court of the city of New York

6 justices.

A clerk.

City judges, New York

A city judge.

A judge of the court of general sessions of the city and county of New York.