Year: 1868

10 Almighty God for freedom in order to secure
its blessings, do establish this Constitution:


SECTION |. No member Of this State shall be dis
franchsed or deprived OF any OF the rights and PRIV
ileges secured to citizens thereof unless by the law
Of the land or the Judgment of his peers.


SIC O. The trial by jury in all in which IL has
heretofore been used shall remain involate forever
except that in suits in justices courts provision may
be made by law for trial by jury of less than twelve
men, but jury trial may be waived by the parties In
all civil cases.


SEC g. The free exercise and enjoyment of religious
profession and worship, without Discrimination or
preference shall forever be allowed in this State
and no person shall be incompetent to be witness
account of his religious belief but the liberty OF
conscience hereby secured shall not be 50 construed
TO acts of RIGHTEOUSNESS, Justify prac-
tees inconsistent with the peace OF safety 0t the
State.


SIC A. The privilege Of the writ Of b0bcds corpus
shall not be suspended unless when III cases OF re-
beOD or invasion the public safety NAV require It's
suspension.


SEC. S. Excessive bail shall not be required, nor eI,
cessives fines imposed, shall crnel or unusual
punishment be inflicted nor shall witnesses be I'M
reasonably detained


SEC. g. No person shall be held TO answer for a
capital other infamous crime unless on lndletmen
by grand jury; except in ofimpeachment of and
in cases arising in the militia when in actual service
and in the land and naval forces in time OF war, or IN
the forces which the State may keep with the con-
sent of Congress in time of peace, and in eases of
petit larceny, under the regulations OF the LegSla,
ture. In any trial in any court the party accused
shall be confronted With the witnesses against MN;
and be allowed to appear and defend in person and
with counsel in civil actions. No person shall DC
twice put in jeopardy for the same Oitense, nor sal
he he compelled in criminal case TO be witness
against himself; nor be deprived of life, liberty, OF
property without due process of law nor shall PHI
vate property be taken for public use without just
compensation.


SIC. l. When private property shall be taken for
public use the compensation TO be made therefor,
when such compensation is not made by the State,
shall be ascertained by jury OF by not less than
three commissioners appointed by Court of Record
as shall be prescribed by law Prlyale roads as may may
but in every case the necessity OF the roah ana ts
amount of damage To be sustained by the opening
thereof shall be first determined by jury OF Tree
holders and such amount, with the expenses Of the
proceeding, shall DE paid by the person TO be ben
Gifted. The fee of land taken for railroad tracks
without consent Of the owners thereof shall remain
in such owncrs subject to the sole possession of the
railroad company while used for such purposes.
General laws may be passed permitting the owners
or occupants of lands to construct and maintain
necessary drains and bitches for agricultural pnr-
poses across the lands of Others under proper rest
tions, and with just compensation. But no special
laws shall be enacted for such purposes.


SEC. 3. Every citizen may freely speak wlte, aud
publish his sentiments on all subjects, being respon-
sible for the abuse of that right and no law shall be
passed TO restrain abridge the liberty of speech or
OF the press In all criminal prosecutions ior hDei
the truth may be given in evidence To the jury and
il il shall appear that the matter charged ibol0u>
il true and was published with good motives and for
justable ends, the accused shall be acquitted and
the jury shall have the right 10 determine the law
aud the fact.


SEC o. Tie ri ght OF the people TO be in their
persons houses papers and effects against unreasoD
able seizures and searches shall not be violated and
no warrant shall issue without probable cause sup
ported by oath affirmation particularly describing
the place TO be searched and The persons aud things
10 be seized.


of the people peaceably TO assemble aud petition the
Government or any department thereof.


SsG The sy DeHP Ss@sd Of % 6 Sas Inc II S s 81
ultimate property in and to all lands WITHIN the
jurisdiction of the State and all lands, the title to
which shall fail from defect OF heirs shall revert


SIC. H. All feudal tenures of every description
with all their incidents declared 10 be abolished,
saving however, all rents and services certain which
at any time heretofore have been lawfully created OF
reserved.


SIC. 49, All lands within the State are declared TO
be alloda 50 that, subject only to the liability to
escheat the entire and absolute property s vested IN
the owners according to the nature oil their re'pec-
tive estates.


SEC. a. No lease or grant Of agricultural land here
after made for a longer period than twenty years in
which is reserved any rent OF service, shall DE N3d


SIC. II. All fines, quarter sales, or other like IT,,
srans upon alienation reserved IN any grant oi lahd
hereafter TO he made, shall be- void.


SEC. 10. Such parts Of the common law, AMI OF the
acts OF the Legislature of the colony OF as
together did form the laws of the SAID colony on the
10Th day of April, one thousand seven hundred aud
seventy five. aud the resolutions OF the Con.
grcss of the said colony and of the Convention oi
the State of New-fOrk in force Oh the GOth dal
of April one thousand seven hundred and seventy
seven which have not since expired or been re-
peacd or altered, and such acts Of the Legislature as
are now in force shall be and continue the law sub
ect to repeal TO such alterations as the Legislature
shall make But all such parts OF the common law
and such of the said acts parts thereof as are Ie
puguant tO this Constitution are hereby abiogdled


SIC H. Grants of land within the State made by
the King OF Great Britain, or persons acting under
his authority, after the fourteenth day Ot October,
one thousand seven hundred ana SEVENTY snall
be void but nothing in this Constitution shall affect
any grants of land made by the authority OF the sald
King his predecessors, or shall annul any charters
To bodies polite or corporate by hm or them iade
before that day. shall Affect any such grants OF
charters since made by the State or by persons act
iug under its authority Or shall impair the Obliga
tiOn of any debts contracted by the state or indFd
uals or bodies corporate or any oter rights Oh lpl
erty any suits. actions, or rights oil acilo Oh Onet
proceedings i'll courts OF Justice.


SIC. 49, No purchase OF lands, or contract Tor the
sale thereof made since the fonrtevuth day ot De
tOber one thousand seven hundred and seventy-nye
OF which may hereafter be made of or with the ln-
dans, shall be valid unless made under the authority
and with the consent of the Legislature.


SIC. 49, The right TO take fish IN any or Inc inter
national waters bordering on this State shall not be
denied or restrained.


SEC. 90 No divorce shall he granted in this State
except by judgment oi a conrt of competent ahtho-
Tity.


SUFFRAGE AND QUALIFICATION TO HOLD


OFFICE.


ARTICLE II.
SECTION l. Every male mhabitant OF the age Of
twenty-one years who shall have been cltihen Tor
ten days and resident of the State for wear next
preceding election and for the last four months
resident of the county where he may offer his vote,
shall be entitled to vote at such election IN the cleo
tion district of which he shall be al the time resi-
dent and not elsewhere for all officers that now are
or hereafter be elective by the people, and upon
all questions which may be submitted to the vote Oh
the people of the State provided that such cttlen
shall have been for thirty days next preceding the
election II resident of the town or ward and Tor len
days of the election district IN which he oilers ms
vote.


SEc =. No person who shall receive expect or oher
to receive OF pay. offer promise TO pay contribute,
offer or promise 10 contribute To another. to be paid
or used, any money or other valuable thing or who