[S 52 to 71. Same as enacted.] Original note to § 59. "As the sum will be fixed by the order of filiation, there does not seem to be any necessity for sending it to the county treasury.”

"TITLE VII. Of the importation into this state of persons held in slavery, of their exportation, of their services, and prohibiting their sale."

[S 1, 2. Same as enacted.] Original note to § 2. "2d section of 4th Article of the Constitution of the U. S.: its insertion here seems necessary, to exempt the case from the general terms of the first section; as a slave escaping may be brought into the state."

[S 3. Same as enacted. Original note. "16th section of same act, varied so as to confine the permission to citizens of other states; for by the act of Congress of 2d March, 1807, vol. 4, Laws U. S. p. 94, the importation of slaves from any foreign place is wholly forbidden." [S 4. Same as enacted.] Original note. “17th section of the same act, p. 141; the principle seems to have been then first adopted." [S 5. Reported as "new," and same as enacted.]

[S 6. Same as enacted.] Original note. "Part of the 15th section of the same act, which limits the residence to nine months, but does not declare the consequence of its exceeding that time: it would probably be implied that the slave was free.

[S 7. Same as enacted.] Original note. "Part of 4th section of act of 1819, p. 173. The proviso to that section forbids the sale of such slave to any person not an inhabitant of this state, and declares the person sold free. The 10th section of the act of 1817 forbids all sales, and seems sufficient. That proviso is therefore omitted."

[S 8. Same as enacted.] Original note. "10th section of act 1817; the residue of that section, which seems to confine the prohibition to those brought in since 1801, it is presumed was intended to apply to that part which forbids a transfer of services for a term of time. However that may be, it seemed best to make the prohibition against selling slaves universal. No penalty was imposed by the former act; the case seemed to require one."

[S 9, 10, 11. Same as enacted.] Original note to § 9. "The principle of the above is contained in the same 10th section; but it was thought necessary to declare it in more explicit terms."

[S 12, 13. Same as enacted.] Original note to § 12. "1st section of act of 1819, p. 172, varied only so as to discharge the servant from a master consenting, &c. A man should not be deprived of any interest or benefit by the misconduct of another."

[S 14, 15, 16. Same as enacted.] Original note to § 16. “Declaratory of the effect of the 4th section of the same act, which emancipates those born after the 4th July, 1799; and of the 32d section of the same act, which emancipates those born before that date, from and after the 4th July, 1827."

"TITLE VIII.—Of the prevention and punishment of immorality and disorderly

practices."

"ARTICLE II. — Of disorderly practices on public occasions and holidays, and in taverns, vessels and canal boats."

[S 7. Same as enacted.] Original note. "8th section of excise act, 1 R. L. 178; 2d section of an act passed in 1816, p. 243, extended to

groceries and all vessels and canal boats, as being equally if not more within the mischief intended to be prevented. By the acts referred to, the above offences are declared misdemeanors, subject to fine and imprisonment. The severity of this punishment defeats its own object. A milder, and it is believed more efficacious penalty, is proposed in the above section."

"ARTICLE III. - Of betting and gaming.”

[S 8. Same as enacted.] "Original note. "5th section of act to prevent horse-racing, &c. 1 R. L. p. 223, as understood by Justice Van Ness, in 4th John. Rep. 437. It is presented in this shape, that it may be distinctly passed upon by the legislature."

[S 9. Same as enacted.] Original note. “New. If it be intended really to put an end to forbidden wagers, the Revisers are satisfied that it can be accomplished only by such a provision as is contained in the above section. As the law now seems to be understood, a payment over after the contingency has happened, will protect the stakeholder, and of course give effect to the wager. There will be no bets made, if no depositaries of the stakes can be found."

[S 10. Same as enacted.] Original note. Original note. "These are considered wagers, and might be included in the terms of the previous section, if not expressly excepted."

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[S 11, 12. Same as enacted, except that in § 12, instead of the words any sum or value," the reported § contained the words "above the sum or value of twenty-five dollars."] Original note to § 12. "There is an ambiguity in the act respecting the mode of recovering the penalty, which is removed by the above."

[$ 14, 15, 16, 17. Same as enacted.] Original note to § 17. "Residue of same section, varied only so as to include the modern devices of covenants of warranty, &c., and fixing with more precision the persons entitled."

[S 18. Same as enacted.] Original note. "8th section of the same act, varied so as to conform to the supposed intent of compelling associates to testify."

$ 20 as reported, not enacted; § 20 R. S. substituted according to recommendation of Revisers in note.

Original note. "4th section of the same act: its policy is doubted. Its object was to prevent the effect of a person's being compelled to discover what might criminate himself. It would be attained better probably by the following substitute, which would leave the winner liable to all penalties, if proof can be made in any other way than by his own confession: §. The answer to such bill shall not be used as testimony in any case against the person making such discovery."

[S 21. Same as enacted.] Original note. "The 7th section of the gaming act absolutely discharges any offender discovering others, without any discretion in the court. It is thus liable to be used by adepts in crime as a means of threatening against the unwary, to prevent prosecutions; and it probably has been more effectual to deter prosecutions than to promote them. The above modification is supposed better, if any provision whatever should be retained."

"ARTICLE IV.— Of raffling and lotteries."

[S 22. Same as enacted.] Original note. "7th section of act to prevent horse-racing, 1 R. L. p. 222, varied by defining raffling, &c. and in other respects."

[S 23, 24, 25. Same as enacted.] Original note. "The principle of these sections is in the 7th section of the act to prevent horse-racing, 1 R. L. p. 222, which is quite defective in its details. If the prohibition is to be continued, and it is believed to be very salutary, these provisions are necessary to give it effect. They are in analogy to those respecting gaming."

[S 26 to 31. Same as enacted.] Original note to § 31. "Residue of same section, which prescribes a forfeiture, but does not provide the means of enforcing it."

[S 32 to 36. Same as enacted.] Original note to § 36. "Laws 1819, § 7, p. 260. Extended to all lotteries."

[S 55. Same as enacted, except that § 59 as reported was also incorporated by the legislature.] Original note. "1 R. L. 222, § 1 and 6.” [$ 56. Same as enacted.] Original note. "The 1st section of the same act enjoins it upon all officers to cause the act to be executed; it is supposed useful to declare the means of doing so. It is believed that this section confers no greater powers than magistrates now possess."

"ARTICLE VIII. — Of the observance of Sunday."

[$ 70. Same as § 69 R. S.] Original note. "Same act, § 5, to suppress immorality, p. 195, enlarged."

“ARTICLE IX.—General provisions to enforce the prohibitions of the three last articles." [$ 75. Same as § 73 R. S.] Original note. "9th and 10th sections of the same act; omitting the form of a conviction; requiring the offender to be brought before the magistrate in all cases, that he may be heard in his defence, in conformity with the decision of the supreme court in 18th Johns. Rep., p. 39. The 10th section declares that the conviction shall not be liable to be removed by certiorari into the supreme court; but that court exercises the power for the purpose of ascertaining whether the officer acts within his jurisdiction. The phraseology has been altered in conformity to this practice."

[$ 78. Same as $ 77, R. S.] Original note. "11th section of same act, omitting the allowance of charges for the information, which being indefinite, can only lead to abuses."

"TITLE IX.-Of Excise and the regulation of Taverns and Groceries." [S 1. Same as enacted.] Original note. "1 R. L., p. 176, § 1, somewhat varied in detail."

[$ 6, 7. Same as enacted.] Original note to § 7. "6th section; with the addition of requiring a surety. It is believed that it will afford some check against abuses, and that no man who cannot obtain surety ought to be permitted to keep an inn."

[S 8, 9, 10. Same as enacted.] Original note to § 10. "Part of same section, varied to impose the penalty for each day, as the sign is sometimes kept up less than a week."

[S 11, 12. Same as enacted.] Original note to § 12. "This is the effect of a grocer's license: it seemed useful to make it explicit, in order to preserve the distinction between theirs and tavern-keepers' licenses."

[S 13. Same as enacted.] Original note. New. The evils arising from the open and constant violations of the law by grocers, have long called loudly for some effectual check. There are stronger reasons for requiring bonds from them than from tavern-keepers; and if they are also required to give security, it is believed that the business will be in the hands of men of better character, and that a degree of responsibility will be ensured that will afford some promise for obedience to the laws. If a man has not such a standing in society as to obtain a security, it is the best evidence that can be furnished of his unfitness to receive a license."

[S 14, 15, 16. Same as § 15, 16, 17, R. S.] "11th section extended to children."

Original note to § 16.

[S 17. Same as § 18, R. S.] Original note. "12th section varied. It now imposes the penalty for not returning the articles received within three days, thus giving the opportunity of purging the offence, after it shall have been discovered. The offence certainly consists in receiving the articles at all from such persons."

[ 18. Same as 19, R. S.] Original note. "16th section. The 18th section barring suits for previous offences omitted. It was originally inserted probably to prevent conflicts between suits, when any person might prosecute. But as the power is given wholly to the overseers of the poor, conformably to the act of 1820, p. 30, the reason of it seems to have ceased. Its operation has unquestionably been to produce violations of the law."

[S 21, 22, 23. Same as $22, 23, 24, R. S.] Original note. "The principle of these sections is taken from the 11th section of the excise act, 1 R. L., 179, extended to all cases of convictions, and the manner of proceeding detailed."

"TITLE X.-Of the navigation of Rivers and Lakes, and the obstruction of certain waters."

[$ 9. Same as enacted, § 10, R. S.] Original note. "Act of 1826, § 1, 2, 3, 4, combined and partly new. In one of the cases provided for in the original, the owners are made liable in case the actual captain is absent; in another case they are made liable in the first instance. We have extended their liability to all the cases, as they all stand on the same ground, provided the penalty cannot be collected from the master, a qualification which seems to be required." [S 11. Same as § 13 R. S.] Original note. Original note. "Partly new." [S 12. Same as 14 R. S.] Original note. "New in terms, but conformable to § 1, Law 1826."

[S 13. Same as § 15 R. S.] Original note. "Laws of 1815, p. 148, 1 and 2. Dam at Fort Edward substituted for Baker's falls. The Revisers have some doubts whether the legislature of 1815 intended to prohibit the use of set nets with buoys in the channel; but they have thought it best to present the section in its present form."

[S1 to 13. Same as enacted.] Original note to § 13. "Fifty per cent, is the highest salvage that courts of admiralty now allow, even in cases of the greatest merit, and where the services have been rendered at the hazard of life. To protect insurers against fraud that have too frequently been practised, and against which no vigilance can guard them, it seems indispensible that even agreements for allowing a greater salvage should be rendered null."

Original note to Title. "This Title is proposed by the Revisers as a substitute for the act 'concerning wrecks of the sea,' 1 R. L. p. 68, which will appear on examination, and has been found in practice to be exceedingly defective. No alteration is made in the principles of that law, except that the forfeiture in any event of wrecked property to the state is omitted, as a provision unworthy of an enlightened and humane people. By making the summary proceeding for the adjustment of salvage depend on the voluntary act of the owner, &c., of the wrecked property, the Revisers have avoided even the hazard of a conflict with the courts of the United States, who, under the constitution and laws of the United States, it has been frequently decided, have exclusive jurisdiction of all cases of salvage arising on the sea, or beyond high water mark.”

"TITLE XIII.-Of the law of the road, and the regulation of public stages.” [S 3. Reported as "partly new," and same as § 2 R. S.]

[S 4. Substantially the same as § 3 R. S. except the words "and certified by him on oath," inserted by the legislature.] Original note. "New, but deemed necessary to enforce the principle established in § 3. Passengers cannot be presumed to know, and in point of fact seldom do know, whether the driver is addicted to drunkenness or not."

[S 5. Same as $ 4 R. S.] Original note. "Laws 1824, p. 347, § 2; 1826, p. 254, § 6, 9; offences combined and penalty varied."

"TITLE XV.-Of the embezzlement of timber floating."

[S1. Same as enacted.] Original note. "2 R. L. p. 236, § 3, as to Hudson river. Laws of 1825, p. 280, § 2, as to river Au Sable, made general and extending to all waters."

[$ 2. Same as enacted.] Original note. "Partly new."

[S 3. Same as enacted.] Original note. "New."

[S 4, 5, 6, 7, 8. Same as enacted.] Original note to § 6. "New :" to 8. "Modified."

[$ 9. Same as enacted.] Original note. "New."

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S 10. Same as enacted, except the words "or at any saw-mill,” after "such waters," inserted by the legislature.] Original note. "2 R. L. p. 236, § 2, made general, and penalty increased and varied.” [S11 to 19. Same as enacted.] Original note to § 18. "Partly new:" to 19. "New."

[ 20. Same as enacted.] Original note. "2 R. L. 235, § 1, altered so as to conform to foregoing provisions." [S 21. Same as enacted.] Original note. “Proviso to § 5, 2 R. L. 236. Proviso to § 4, omitted as unnecessary."