Consolidators' Note law of the land, or the judgment of his peers'; religious toleration, preserving trial by jury, and prohibiting acts of attainder. But it should be noted that the Constitution, by article 35 continued in force, subject to alteration by the legislature,' such parts of the common law of England, statute law of England and Great Britain, and the acts of the legislature of the colony of New York, as together did form the law of the said colony on the 19th day of April, 1775.' This actually contained the English Bill of Rights as a part of the law of New York." [Lincoln's Constitutional History of New York, Vol. 1, p. 727.] 9. New York Bill of Rights (L. 1787, Ch. 1) which was continued in the revisions of 1801, 1813 and 1828, with reference to which Mr. Lincoln says: 66 The Bill of Rights contained in the revised statutes is still a part of the law of New York, and many of its provisions are also in the Constitution. The Bill of Rights in its original form continued in force more than forty years, and was deemed of great value and significance by the statesmen of that period. Several of its most important features were included in the Constitution of 1821, and have since remained a part of our fundamental law." [Lincoln's Constitutional History of New York, Vol. 1, p. 728.] 10. Amendments of the United States Constitution (1789), which may be summarized as follows: "1. Freedom of religious profession and worship. "2. Freedom of speech and of the press. "3. Right of petition. "4. Right of the people to keep and bear arms. "5. Soldiers not to be quartered in time of peace without consent of the owner of the house, 'nor in time of war, but in a manner to be prescribed by law.' "6. Guaranteeing immunity from unreasonable searches and seizures. "7. Indictment necessary in prosecutions for capital or otherwise infamous crimes. "8. No person shall be deprived of life, liberty or property without due process of law. "9. Private property shall not be taken for public use without compensation. Consolidators' Note "10. Trial by jury is preserved in civil cases where the amount in controversy exceeds $20. "11. A person accused of crime: 66 a. Shall not be compelled to be a witness against himself. "b. Is entitled to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law. 66 c. Must be informed of the nature and cause of the accusation. d. Must be confronted with the witnesses against him. 66 "e. Must have compulsory process for obtaining witnesses in his favor. "f. Is entitled to the assistance of counsel for his defense. 66 12. Excessive bail shall not be required. "13. Excessive fines shall not be imposed. "14. Cruel and unusual punishments shall not be inflicted. "15. No person shall be subject, for the same offense, to be twice put in jeopardy of life or limb.' "16. Rights not enumerated, preserved." [Lincoln's Constitutional History of New York, Vol. 1, p. 732.] 11. Revised Acts of 1801, which re-enacted substantially the Bill of Rights Act of 1787. 12. Revised Laws of 1813 (R. L. 1813, Ch. 1), which reaffirmed the principles contained in the Bill of Rights of 1787 and 1801. 13. New York State Constitution of 1821, which contained provisions on the following subjects: 1. Citizens not to be disfranchised. 2. Trial by jury preserved. 3. Creation of new courts limited. 4. Religious toleration. 5. Writ of habeas corpus. 6. Indictment necessary in prosecutions for capital or otherwise infamous crimes. 7. Accused may have counsel. 8. No person to be twice put in jeopardy. 9. Accused person not compelled to be a witness against himself. 10. No person to be deprived of life, liberty, or property without due process of law. Consolidators' Note 11. Private property shall not be taken for public use without just compensation. 12. Freedom of speech and of the press. 13. Truth may be given in evidence in libel cases. 14. Revised Statutes of 1828, which contained a chapter on the subject usually known as the "Bill of Rights." 15. New York State Constitution of 1846, which reaffirmed former principles on the subject, leaving some to be expressed by statute. 16. New York State Constitution of 1894, which reaffirmed the principles on the subject, leaving, however, some to be expressed by statute. As heretofore stated, not all of the principles usually stated in Bills of Rights are to be found in the proposed Civil Rights Law for the reason that many of them have been incorporated in the Constitution and some are included in other Consolidated Laws, and it has been deemed inexpedient to disturb them. Among such are the following: Persons Not to be Disfranchised. No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers. [N. Y. Const., 1894, Art. 1, § 1.] Trial by Jury. The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law. [N. Y. Const., 1894, Art. 1, § 2.] Freedom of Worship; Religious Liberty. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state. [N. Y. Const., 1894, Art. 1, § 3.] Habeas Corpus. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension. [N. Y. Const., 1894, Art. 1, § 4.] Consolidators' Note Excessive Bail and Fines. Excessive bail shall not be required nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained. [N. Y. Const., 1894, Art. 1, § 5.] Bill of Rights. No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service, and 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 any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property with out due process of law; nor shall private property be taken for public use, without just compensation. [N. Y. Const., 1894, Art. 1, § 6.] Compensation for Taking Private Property; Private Roads; Drainage of Agricultural Lands. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the state, shall be ascer tained by a jury, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of free-holders and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. General laws may be passed permitting the owners or occupants of agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and dykes upon the lands of others, under proper restrictions and with just com pensation, but no special laws shall be enacted for such purposes. [N. Y. Const., 1894, Art. 1, § 7.] Freedom of Speech and Press. Every citizen may freely speak. write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. [N. Y. Const.. 1894, Art. 1, § 8.] Consolidators' Note Criminal Prosecutions for Libel. In all criminal prosecutions or indictments 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 libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. [N. Y. Const., 1894, Art. 1, § 8.] Right to Assemble and Petition; Divorce; Lotteries; Poolselling and Gambling, Laws to Prevent. No law shall be passed abridging the right of the people peaceably to assemble and to petition the government, or any department thereof; nor shall any divorce be granted otherwise than by due judicial proceedings; nor shall any lottery or the sale of lottery tickets, pool-selling, book-making, or any other kind of gambling hereafter be authorized or allowed within this state; and the legislature shall pass appropriate laws to prevent offenses against any of the provisions of this section. [N. Y. Const., 1894, Art. 1, § 9.] Escheats. The people of this state, in their right of sovereignty, are deemed to possess the original and ultimate property in and to all lands within the jurisdiction of the state; and all lands the title to which shall fail, from a defect of heirs, shall revert, or escheat to the people. [N. Y. Const., 1894, Art. 1, § 10.] Feudal Tenure Abolished. All feudal tenures of every description, with all their incidents, are declared to be abolished, saving, however, all rents and services certain which at any time heretofore have been lawfully created or reserved. [N. Y. Const., 1894, Art. 1, § 11.] Allodial Tenures. All lands within this state are declared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners, according to the nature of their respective estates. [N. Y. Const., 1894, Art. 1, § 12.] Fines and Quarter-sales Abolished. All fines, quarter-sales, or other like restraints upon alienation, reserved in any grant of land hereafter to be made shall be void. [N. Y. Const., 1894, Art. 1, $ 14.] Damages for Injuries Causing Death. The right of action now existing to recover damages for injuries resulting in death shall |