shall be seized and possessed of such real estate as Electors in aforesaid : *Provided, that in time of war, no elector

military service.

Who may be excluded.

Betting.

in the actual military service of the United States, in the army or navy thereof, shall be deprived of his vote by reason of his absence from the State; and the Legislature shall have power to provide the manner in which, and the time and places at which such absent electors may vote, and for the canvass and returns of their votes in the election districts in which they respectively reside or otherwise.

§ 2. Laws may be passed excluding from the right of suffrage all persons who have been or may be convicted of bribery, of larceny, or of any infamous crime; and for depriving every person who shall make, or become directly or indirectly interested in any bet or wager, depending upon the result of any election, from the right to vote at such election.

§ 3. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while employed in the Residence. service of the United States; nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any • alms house, or other asylum, at public expense; nor while confined in any public prison.

Proof of right to vote.

§ 4. Laws shall be made for ascertaining by proper proofs the citizens who shall be entitled to the right of suffrage hereby established.

§ 5. All elections by the citizens shall be by ballot, except for such town officers as may by law be directed to be otherwise chosen.

CHAPTER 130.

AN ACT respecting elections other than for militia and town officers.

PASSED APRIL 5, 1842.

The People of the State of New York, represented

in Senate and Assembly, do enact as follows:

TITLE I.

Of the qualifications, disabilities and privileges of

electors.

SECTION 1. The first and second sections of the first Repeal. title, and the first section of the third title, and the twenty-first section of the fourth title of the act entitled "An act respecting elections other than for militia and town officers," passed April 5, 1842, are hereby repealed. (Sec. 1, chap. 240, of 1847.)

§ 2. [Sec. 3.] No person who shall have been con- Disabilities victed of an infamous crime, deemed by the laws of this state a felony, at any time previous to an election, shall be permitted to vote thereat, unless he shall have been pardoned before or after his term of imprisonment has expired, and restored by pardon to all the rights of a citizen.

§ 3. No person shall be permitted to vote at any election who previous thereto shall have been convicted of bribery or of any infamous crime, unless he shall have been pardoned and restored to all the rights of a citizen, or who shall make any bet or wager, or be directly or indirectly interested in any bet or wager depending upon the result of any election, at which such person may offer to vote. (Sec. 15, of chap. 240, of 1847.)

Privileges.

Restrictions

§ 4. Whenever an election shall be held in any city or town, pursuant to this chapter, no declaration by which a suit shall be commenced, or any civil process, or proceeding in the nature of civil process, shall be served on any elector entitled to vote in such city or town, on the day on which such election shall be held.

§ 5. No court shall be opened, or transact any business, in any city or town, on the day such election shall be held therein, unless it be for the purpose of receiving a verdict or discharging a jury, and every adjournment of a court in such city or town, on the day next preceding the day any such election shall be held therein, shall always be to some other day than the day of such election, except such adjourn ment as may be made after a cause has been committed to a jury.. But this section shall not prevent the exercise of the jurisdiction of any single magistrate, when it shall be necessary in criminal cases to preserve the peace, or to arrest offenders. (As amended by § 2 of same chapter.)

TITLE II.

Of general and special elections; the time and purpose of holding them; and the persons by whom held.

*"SECTION 1. General elections are such as are held at the same time in every county, for the election of all or some of the following officers, namely; Governor, Lieutenant-Governor, Chief and Associate Judges of the Court of Appeals, Justices of the Supreme Court, Secretary of State, Comptroller, State Treasurer, Attorney-General, State Engineer and Surveyor, Canal Commissioners, Inspectors of State Prisons, District-Attorneys, County Judge, Senators, Members of Assembly, Sheriffs, Clerks of Counties. Coroners, Representatives in Congress, and Electors

of President and Vice-President." (As amended by § 3 of same chapter, and by § 2, article 6 State Constitution.

§ 2. The Register and Clerk of the city and county Generale. of New York shall also be chosen at a general election.

clections

§ 3. Special elections are such as are held only in Special a particular district or county, at a time when no general election is held, for the choice of one or more of the officers proper to be chosen at a general election.

§ 4. General elections shall be held on the Tuesday When held succeeding the first Monday of November, in every year; special elections at the time and places of which legal notice shall have been given; but no special election shall be held within forty days previously to a general election.

§5. General and special elections shall be held for Duration. one day only.

§ 6. Special elections shall be held in the follow- Special ing cases:

1. When an officer other than a Governor, Lieutenant-Governor and Elector of President and VicePresident, proper to be chosen at a general election, shall not have been chosen by reason of two or more candidates having received an equal number of votes for the same office;

2. When the right of office of a person elected to the office of a Representative in Congress, Senator, Member of the Assembly, Sheriff, or Clerk of any county, or Sheriff, Clerk, or Register of the city and county of New York, shall cease before the commencement of the term of service for which such officer shall have been elected;

elections,

3. When a vacancy occurs in the office of any Vacancies Senator or Member of Assembly, after the last day of December in any year, and before the first day of

Privileges.

Restrictions

§ 4. Whenever an election shall be held in any city or town, pursuant to this chapter, no declaration by which a suit shall be commenced, or any civil process, or proceeding in the nature of civil process, shall be served on any elector entitled to vote in such city or town, on the day on which such election shall be held.

§ 5. No court shall be opened, or transact any business, in any city or town, on the day such election shall be held therein, unless it be for the purpose of receiving a verdict or discharging a jury, and every adjournment of a court in such city or town, on the day next preceding the day any such election shall be held therein, shall always be to some other day than the day of such election, except such adjourn ment as may be made after a cause has been committed to a jury. But this section shall not prevent the exercise of the jurisdiction of any single magistrate, when it shall be necessary in criminal cases to preserve the peace, or to arrest offenders. (As amended by § 2 of same chapter.)

TITLE II.

Of general and special elections; the time and purpose of holding them; and the persons by whom held.

*"SECTION 1. General elections are such as are held at the same time in every county, for the election of all or some of the following officers, namely; Governor, Lieutenant-Governor, Chief and Associate Judges of the Court of Appeals, Justices of the Supreme Court, Secretary of State, Comptroller, State Treasurer, Attorney-General, State Engineer and Surveyor, Canal Commissioners, Inspectors of State Prisons, District-Attorneys, County Judge, Senators, Members of Assembly, Sheriffs, Clerks of Counties, Coroners, Representatives in Congress, and Electors