' Ar )i ^?*f 'v'5 -7 ^ . 1. ^* «i v M*^: ^M 2i /■ ■.•f.' % '•^'^. ? -'In «•*»■ <^*r4" Lff lM*f t^ •^ ^ fe-ir-^ ? ,-'j' 'v. ^-Hi /-^. ■i"*? t^>*fil ^\^ 'J. \ ■,^ \,. -4 ■ P^^^'^^- ' a -^fc-*** ;^\*^5 xJX CORNELL UNIVERSITY LIBRARY FROM i^^.^^ PSS?" UnlverBlty Library JK3425 1868 .A311 F^fyisjon documents of the Constitutional olln 3 1924 032 657 524 Overs DATE DUE ^Sf* i^ CAVLOnO rniNTKOINU.S.A. Cornell University Library The original of this bool< is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924032657524 <3 REVISION DOCUMENTS CONSTITUTIONAL CONVENTION op THE STATE OF NEW YORK. 1867-'68. ALBAl^Y, N. Y. : "WEED, PARSONS & CO., PRINTERS TO THE CONYENTION 1868. CONTENTS. No. Preamble and Eill of Eights, 1 sufeeage and qualification to hold office, 2 Finance, - 3 Legislature, its oeganization, &c., 4 goveenoe and lleutenant-goveenoe, theie election, tenuee of offioe^compen- SATION, &C., 5 JUDICIAJRY, ---r 6 Seceetaey OF State, Compteollee, &c., theie election, &c., . - . . 7 Town and County officees, ......---. § Militia, - - 9 Salt Spedtgs, 10 Education, ...-.--- 11 Official coeeuption, - 12 State Peisons, 13 Future amendments and eevisions of the Constitution, ----- 14. Bankln-g, Coepoeations, &c., r - - - - 15 STATE OF NEW TORE. IsTo. 1. IN CONVENTION REPORT OF THE COMMITTEE ON THE PREAMBLE AND BILL OF RIGHTS AS REFERRED TO THE COMMITTEE ON REVISION. We, the people of State of New York, grateful to Almighty Grod for our freedom, ia order to secure its blessings, do establish this Constitution : ARTICLE I. 1 SECTioisr 1. No member of this State shall be disfranchised or deprived of any of the 2 rights or privileges secured to any citizen thereof, unless by the law of the land or the 3 judgment of his peers. 1 Sec. 2. The trial by jury in all cases in which it has heretofore been used shall 2 remain inviolate forever ; except that in suits in justices' courts provisions may be made 3 by law for trial by jury of less than twelve men, but a jury trial may be waived by 4 the parties in all civil cases in the manner to be prescribed by law. 1 Sec. 3. The free exercise and enjoyment of religious profession and worship, without 2 discrimination or preference, shall forever be allowed in this State to all mankind, and 8 no person shall be rendered incompetent to be a witness on account of his religious 4 belief; but the liberty of conscience hereby secured shall not be so construed as to 5 excuse acts of licentiousness, or justify practices iuconsistent with the peace or safety of 6 the State. 1 Sec. 4. The privilege of the writ of habeas corpus shall not be suspended, unless 2 when in cases of rebellion or invasion the public safety may require its suspension. STATE OF NEW YOEK. No, 1. IN CONVENTION. HEPORT OF THE COMMITTEE ON REVISION ON THE PREAMBLE AND BILL OF RIGHTS. We, the people of the State of New York, grateful to Almighty God for our freedom, in order to secure its blessings, do establish this Constitution : ARTICLE I. 1 Section 1. No member of this State shall be disfranchised or deprived of any of 2 the rights or privileges secured to any citizen thereof, unless by the law of the land or 5 the judgment of his peers. 1 Sec. 2. The trial by jury in all cases in which it has heretofore been used shall 2 remain inviolate forever; except that in suits in justices' courts provision may be made S by law for trial by a jury of less than twelve men, but a jury trial may be waived by 4 the parties in all civil cases. 1 Sfic. 3. The free exercise and enjoyment of religious profession and worship, with- 2 out discrimination or preference, shall forever be allowed in this State to all mankind; 3 and no person shall be rendered incompetent to b3 a witness on account of his religious 4 belief; but the liberty of conscience hereby secured shall not be so construed as to -5 excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of •6 the State. 1 Sec. 4. The privilege of the writ of habeas corpus shall not be suspended, unless 2 when in cases of rebellion or invasion the public safety may require its suspension. [Revision.] 1 2 1 Sec. 5. Excessive bail shall not be required, nor excessive fines imposed, nor shall 2 cruel or unusual punishment be inflicted, nor shall witnesses be unreasonably detained. 1 Sec. 6. No person shall be held to answer for a capital or otherwise infamous crime 2 (except in cases of impeachment, and in cases of militia when in actual service, and the 3 land and naval forces in time of war, or which this State may keep with the consent of 4 Congress in time of peace, and in cases of petit larceny under the regulations of the 5 Legislature), unless on presentment or indictment of a grand jury. And in any trial in 6 any court whatever, the party accused shall be confronted with the witness against bim, 7 and be allowed to appear and defend in person and with counsel as in civil actions, and 8 shall have the last appeal to the jury in answer to the prosecutioa. No person shall be 9 subject to be twice put in jeopardy for the same offense, nor shall he be compelled in 10 any criminal case to be a witness against himself; nor be deprived of life, liberty or 11 property without due process of law ; nor shall private property be taken for public 12 use without just compensation. 1 Sec. 7. When private property shall be taken for any public use, the com- 2 pensation to be made therefor, when such compensation, is not made by the State, 3 shall be ascertained by a jury, or by not less than three commissioners, appointed 4 by a court of record, as shall be prescribed by law. Private roads may be opened 5 in the manner to be prescribed by law; but in every case, the neces.sity of "the road 6 and the amount of all damage to be sustained by the opening thereof shall be first 7 determined by a jury of freeholders, and such amount, together with the expenses of 8 the proceeding, shall be paid by the person to be benefited. The fee of all lands 9 taken for the track of railroads or for highway purposes, without the consent of the 10 owners thereof, shall remain in such owners. The Legislature may pass laws authoriz- 11 ing and permitting parties owning or occupying lands to construct agricultural drains 12 and ditches across the lands of other parties, where such drains and ditches shall be 13 necessary, under proper restrictions and with proper remuneration. 1 Sec. 8. Every citizen may freely speak, write and publish his sentiments on all 2 subjects, being responsible for the abuse of that right, aiid no law shall be passed to 3 restrain or abridge the liberty of speech or of the pres... In all criminal prosecutions or 4 indictments for libels, the truth may be given in evidence to the jury, and if it shall, 5 appear to the jury that the matter charged ms libelous is true and was published witb 6 good motives and for jn.stifi„ble end.s, the party shall be acquitted; and the jury shall 7 have the right to determine the law and the fact. 2 1 Sec. 5. Excessive bail sball not be required, nor excessive fines imposed, nor shall 2 cruel or unusual punishment be inflicted. Witnesses shall not be imprisoned to insure 3 their attendance, if they give security therefor, and if unable to give security, their 4 testimony shall be taken in a manner to be provided by law and in the presence of the 5 accused, and thereupon they shall be discharged. 1 Sec. 6. N"o person shall be held to answer for a capital or otherwise infamous cringe 2 unless on indictment' by a grand jury, except in cases of impeachment, and in cases 3 arising in the militia when in actual service, and in the land and naval forces in time of 4 war, 01 in the forces which the State may keep with the consent of Congress in time of 5 peace, and in cases of petit larceny and other misdemeanors cognizable in courts of 6 special sessions under the regulations of the Legislature. In any trial in any court the 7 party accused shall be confronted with the witness against him, and be allowed to appear 8 and' defend in person and with counsel as in civil actions, and shall have the last appeal 9 to the jury in answer to the prosecution. No person shall be twice put in jeopardy for 10 the same offense, nor shall he be compelled in any criminal case to be a witness against 11 himself; nor be deprived of life, liberty or property without due process of law ; nor 12 shall private property be taken for public use without just compensation. 1 Sec. 7. When private property shall be taken for public use, the compensation to be 2 made therefor, when such compensation is not made by the State, shall be ascertained 3 by a jury, or by not less than three commissioners appointed by a court of record as 4 shall be prescribed- by law. Private roads may be opened in the manner to be pre- 5 scribed by law : but in every case the necessity of the road and the amount of damage 6 to be sustained by the opening thereof shall be first determined by a jury of freeholder?, 7 and such amount, with the expenses of the proceeding, shall be paid by the person to 8 be benefited. The fee of all lands taken for the track of railroads or for highway pur- 9 poses, without the consent of the owners thereof, shall remain in such owners. Laws 10 may be passed permitting the owners or occupants of lands to construct drains and 11 ditches for agricultural purposes across the lands of others. 1 Sec. 8. Every citizen may freely speak, write and publish his sentiments on all 2 subjects, being responsible for the abuse of that right, and no law shall be passed :to 3 restrain or abridge the liberty of speech or of the press. In all criminal prosecutions for 4 libel the truth may be given in evidence to the jury, and if it shall appear that the matter [2] 3 -1 Sec. 9. The right of the people to be secure in their persons, houses, papers arid 2 effects against unreasonable seizures and searches stall not be violated, and no warrant 3 shall issue but upon probable cause supported by oath or affirmation, particularly de- 4 scribing the place to be searched and the persons and thing to be seized. 1 Sec. 10. No law shall be passed abridging the right of the people peaceably to 2 assemble and petition the government or any department thereof. 1 Sec. 11. The people of this State, in their right of sovereignty, are deemed to pos- 2 sess the original and ultimate property in and to all lands within the jurisdiction of the 3 State, and all lands tbe title to which shall fail from a defect of heirs, stall revert or 4 escheat to the people. 1 Sec. 12. All feudal tenures of every description, with all their incidents, are declared 2 to be abolished, saving, however, all rents and services certain which at any time hereto- 5 fore have been lawfully created or reserved. 1 Sec. 13. All lands within this State are declared to be allodial, so that, subject only 2 to the liability to escheat, the entire and absolute property is vested in the owners accord- 8 ing to the nature of their respective estates. 1 Sec. 14. No lease or grant of agricultural land for a longer period than twenty years 2 hereafter made, in which shall be reserved any rent or service of any kind, shall be 3 valid. 1 Sec. 15. All fines, quarter sales or other like restraints upon alienation, reserved in 2 any grant of land hereafter to be made, shall be void. 1 Sec. 16. Such parts of the common law, and of the acts of the Legislature of the 2 colony of New York, as together did form the laws of the Said colony on the 19th day 3 of April, one thousand seven hundred and seventy-five, and the resolutions of the 4 Congress of the said colony and of the Convention of the State of New York, in force 5 on the 20th day of April, one thousand seven hundred and seventy-seven, which have 6 not since expired or been repealed or altered, and such acts of the Legislature of this 7 State as are now in force, shall be and continue the law of this State, subject to appeal 8 or to such alteration as the Legislature shall make concerning the same. But all such 3 5 charged as libelous is true and was published with good motives and for justifiable ends, 6 the accused shall be acquitted ; and the jury shall hiave the fight to determine the law 7 and the fact. 1 Sec. 9. The right of the people to be secure in their persons, houses, papers and 2 effects against unreasonable seizures and searches shall not be violated, and no warrant 3 shall issue without probable cause supported by oath or affirmation, particularly 4 describing the place to be searched and the persons and things to be seized. 1 Sec. 10. No law shall be passed abridging the right of the people peaceably to 2 assemble and petition the government or any department thereof. 1 Sec. 11. The people of this State, in their right of sovereignty, are deemed to 2 possess the original and ultimate property in and to all lands within the jurisdiction of 3 the State, and all lands, the title to which shall fail from a defect of heirs, shall rever- 4 or escheat to the people. 1 Sec. 12. All feudal tenures of every description with all their incidents are declared 2 to be abolished, saving, however, all rents and services certain which at any time here- 3 tofore have been lawfully created or reserved. 1 Sec 13. All lands within this State are declared to be allodial, so that, subject only 2 to the liability to escheat, the entire and absolute property is vested in the owners accord- 3 ing to the nature of their respective estates. 1 Sec. 14. No lease or grant of agricultural land hereafter made for a longer period 2 than twenty years, in which is reserved any rent or service, shall be valid. 1 Sec. 15. All fines, quarter sales or other like restraints upon alienation reserved in 2 any grant of land hereafter to be made, shall be void. 1 Sec. 16. Such parts of the common law, and of the acts of the legislature of the 2 colony of New York, as together did form the laws of the said colony on the 19th day 3 of April, one thousand seven hundred and seventy-five, and the resolutions of the Con* 4 gress of the said colony and of the Convention of the State of New York, in force on 6 the twentieth day of April, one thousand seven hundred and seventy-seven, which have 6 not since expired or been repealed or altered, and such acts of the Legislature as are now 4 9 parts of the common law, and such of the said acts or parts thereof as are repugnant to 10 this Constitution, are hereby abrogated. 1 Sec. 17. All grants of land within this State made by the King of Great Britain, or 2 persons acting under his authority, after the fourteenth day of October, one thousand 3 seven hundred and seventy-five, shall be null and void, but nothing contained in this 4 constitution shall affect any grants oriand within this State made by the authority of 5 the said king or his predecessors, or shall annul any charities to bodies politic and cor- 6 porate by him or them made before that day, or shall affect any such grants or charters 7 since made by this State, or by persons acting under its authority, or shall impair the 8 obligation of any debts contracted by this State or individuals or bodies corporate or 9 any other rights of property, or any suits, actions, rights of action or other proceedings 10 in courts of justice. 1 Sec. 18. No purchase or contract for the sale of lands in this State, made since the 2 fourteenth day of October, one thousand seven hundred and seventy-five, or which may 3 hereafter be made, of or with the Indians, shall be valid, unless made under the autho- 4 rity and with the consent of the Legislature. 1 Sec. 19, The right to take and catch fish in any of the international waters border- 2 ing on this State, and to dispose of such fish, shall not be denied or restrained. 4 7 in force shall be and continue the law, subject to repeal or to such alteration as the 8 Legislature sliall make. But all such parts of the common law and such of the said 9 acts or parts thereof as are repugnant to this constitution, are hereby abrogated. 1 Sec. 17. All grants of land within the State made by the King of Great Britain, or 2 persons acting under his authority, after the fourteenth day of October, one thousand 3 seven hundred and seventy-five, shall be null and void, but nothing in this constitution 4 shall aflcct any grants of land made by the authority of the said king or his predeces- 5 sors, or shall annul any charters to bodies politic or corporate by him or them made 6 before that day, or shall affect any such grants or charters since made by this State, or 7 by persons acting under its authority, or shall impair the obligation of any debts con- 8 tracted by this State or individuals or bodies corporate, or any other riglits of property , 9 or any suits, action.'?, rights of action or other proceedings in courts of justice. 1 Sec. 18. ^o purchase, or contract for the sale of lands, made since the fourteenth 2 day of October, one thousand seven hundred and seventy-five, or which may hereafter 3 be made with the Indians shall be valid unless made under the authority and with the 4 consent of the Legislature. 1 Sec. 19. The right to take and catch fish in any of the international waters bordering 2 on this State sliall not be denied or restrained. r» 1 STATE OF ITEW YOEK. No. S. IN CONVENTION REPORT OF THE COMMITTEE ON SUFFRAGE AND aUALIFICATION TO HOLD OFFICE, AS ADOPTED BY CONVENTION AND REFERRED TO COMMITTEE ON REVISION. ARTICLE II. 1 Section 1. Every male [citizen] inhabitant of the age of twenty-one years, who 2 shall have been a citizen for ten days [a citizen] and [an inhabitant] a resident of this 3 State /or one year next preceding an election, and for the last four months a resident of 4 the county where he may offer his vote, shall be entitled to [a] vote at such election 5 in the election district of which he shall be at the time a resident, and not elsewhere, for 6 all officers that now are or hereafter may be elective by the people, and upon all ques- 7 tions which may be submitted to the vote of the people of the State at large ; but such 8 citizen shall have been for thirty days next preceding the election a resident of the town 9 or ward, and for ten days of the election district in which he offers his vote. 1 § 2.^]Sro person who shall receive, expect or offer to receive, or pa}', [or] offer orpro- 2 mise to pay, contribute, [or] offer or promise to contribute to another, to be paid or 3 used, any money or other valuable thing, or who shall make any promise to influence 4 or as a compensation or reward for the giving or nithhoMing a vote [a vote to be given 5 or to be withheld] at an election, shall vote at such election ; and upon challenge for 6 such cause, the person so challenged [shall], before the inspectors or other officer 7 authorized for that purpose [shall] receive his vote shall swear or affirm before such 8 inspectors or other officer that he has not received, [has not] nor offered, [and] does not 9 expect\o receive, has not paid, [nor] offered, or promised to pay, contributed, [nor] STATE OF NEW YOEK. No. 2, IN CONVENTION REPORT OF THE COMMITTEE OF REVISION ON SUFFRAGE AND aUALIFICATION TO HOLD OFFICE. ARTICLE II. 1 Section 1. Every male inhabitant of the age of twenty-one years who shall have 2 been a citizen for ten days and a resident of the State for one year next preceding an 3 election, and for the last four months a resident of the county where he may offer his 4 vote, shall be entitled to vote at such election in the election district of which he shall 5 be at the time a resident, and not elsewhere, for all officers that now are or hereafter may 6 be elective by the people, and upon all questions which may be submitted to the vote 7 of the people of the State, provided that such citizen shall have been for thirty 8 days next preceding the election a resident of the town or ward, and for ten days of the 9 election district in which he offers his vote. 1 Sec. 2. No person who shall receive, expect or offer to receive, or pay, offer or promise 2 to pay, contribute, offer or promise to contribute to another, to be paid or used, any money 3 or other valuable thing, or who shall make any promise to influence, or as a compensa- 4 tion or reward for the giving or withholding a vote at an election, shall vote at such 5 election ; and upon challenge for such cause, the person so challenged before the inspec- 6 tors or other officer authorized for that purpose receive his vote, shall swear or affirm 7 before such inspectors or other officers that he has not received nor offered, does not [Revision] [ * ] 2 10 offered or promised to contribute, to another to be paid or used, any money or other n valuable thing, nor made any promise to influence, or as a compensation or reward for 12 the giving or withholding a vote [a vote to be given or be withheld] at such election. 13 The Legislature, at the session thereof, next after the adoption of this Constitution shall, 14 and from time to time thereafter may, enact laws excluding from the right of suffrage all 15 persons convicted of bribery, [or of any infamous crime] ; and for depriving every per- 16 son who shall make, or become directly or indirectly interested in any bet or wager 17 depending upon the result of any election, of the right to vote at such election. 1 § 3. For the purpose of voting, no person shall be deemed to have gained [or lost] 2 a residence by reason of his presence, or lost it hy reason of his absence while employed S in the service of this State or of the United States ; nor while engaged in the naviga- 4 tion of the waters of this State ; of the United States ; or of the higb seas ; nor while 5 a student of any seminary of learning ; nor while kept in any almshouse or other asy- 6 lum [at the public expense] ; nor while confined in any public prison. [And] The 7 Legislature shall prescribe the manner in which electors absent from their homes in time 8 of war, in the actual military or naval service of this State, or of the United States, may 9 vote, and shall provide for the canvass and return of their votes. i § 4. Laws shall be made for ascertaining by proper proofs the citizens who [shall be 2 are entitled to the right of suffrage [hereby established]. The Legislature shall provide 3 for a registry of [all] citizens entitled to vote [the right of suffrage] in each election dis- 4 trict, to be completed at least six days before any election pther than a town election. 5 No person shall vote [at any such election] except at town elections who [shall not have 6 been] is not registered according to law. 1 § 5. All elections [by the citizens] shall be by ballot, except for such town officers 2 as may by law be directed to be otherwise chosen. 1 § 6. Members of the Legislature, and all officers, executive and judicial, except such 2 inferior officers as may be by law exempted, [shall] before they enter upon the duties of 3 their respective offices, shall take and subscribe the following oath or affirmation : "I 4 do solemnly swear or affirm [as the case may be] that I will support the Constitution of 5 the United States and the Constitution of the State of New York, and that I will faith- 6 fully discharge the duties of the office .of according to the best of my 2 8 expect to receive, has not paid, oflEered or promised to pay, contributed, offered or prom- 9 ised to contribute to another to be paid or used, any money or other valuable thing, nor 10 made any promise to influence, or as a compensation or reward for the giving or with- 11 holding a vote at such election. The Legislature, at the session thereof, next after the 12 adoption of this Constitution shall, and from time to' time thereafter may, enact laws 13 excluding from the right of suffrage all persons convicted of bribery and for depriving 14 every person who shall make, or become directly or indirectly interested in, any bet or 15 wager depending upon the result of any election, of the right to vote at such election. 1 Sec. 3. For the purpose of voting no person shall be deemed to have gained a resi- 2 dence by reason of his presence or lost it by reason of his absence while employed in 8 the service of this State or of the United States ; nor while engaged in the navigation of 4 the waters of this State or of the United States ; or on the high seas ; nor while a 5 student of any seminary of learning ; nor while kept in any almshouse or other asylum ; 6 nor while confined in any public prison. The Legislature shall prescribe the manner 7 in which electors absent from their homes in time of war, in the actual military or 8 naval service of this State or of the United States, may vote, and shall provide for the 9 canvass and return of their votes. 1 Sec. 4. Laws shall be made for ascertaining by proper proofs the citizens who are 2 entitled to the right of suffrage. The Legislature shall provide for a registry of citizens 3 entitled to vote in each election district, to be completed at least six days before any 4 election other than a town election. No person shall vote except at a town election who 5 is not registered according to law. 1 Sec. 5. All elections shall be by ballot, except for such town officers as may by law 2 be directed to be otherwise chosen. 1 Sec. 6. Members of the Legislature, and all officers, executive and judicial, except 2 such inferior officers as may be by law exempted, before they enter on the duties of 8 their respective offices shall take and subscribe the following oath or affirmation: "I do 4 solemnly swear, or affirm, that I will support the Constitution of the United States and 5 the Constitution of the State of New York, and that I will faithfully discharge the 6 duties of the office of according to the best of my ability, and that I have not 7 knowingly or intentionally paid or offered to pay, contributed or offered or promised to 3 7 ability, and that I have not knowingly or intentionally [violated the second section of 8 this article, or any law passed in pursuance thereof] paid or offered to pay, contributed 9 or offered or promised to contribute any money or valuable thing, or made any promise to 10 influence or reward a vote at the election in which I was chosen to fill the said Office." Any 11 person who shall refuse to take the oath herein prescribed, or shall be convicted of hay. 12 ing sworn falsely, in taking such oath, shall forfeit his oflSco. 3 8 contribute any money or valuable thing, or made any promise to influence or reward a 9 vote at the election in which I was chosen to fill the said office." Any person who shall 10 refuse to take the oath herein prescribed or who shall be convicted of having sworn 11 falsely in taking such oath shall forfeit his ofBce. [5 ] STATE OF NEW TOEK. No. 3. IN CONVENTION REPORT OF THE COMMITTEE ON REVISION, ON THE ARTICLE ON FINANCE. ARTICLE — . 1 Section 1. The canal debt of 1846, amounting on the 1st day of October, 1867, 2 to $3,247,900 00 3 The general fund debt amounting at the same time to 5,642,622 22 4 The canal enlargement debt amounting at the same time to 10,785,000 00 5 and the floating debt loan contracted under chapter 271 of the Laws of 1859, amounting on 6 the first day of October, 1867, to $1,700,000, shall hereafter be known as the "Canal 7 Debt," for the payment of which the canal revenues are hereby pledged ; and the several 8 sinking funds applicable to the payment of the said debts, together with the contribu- 9 tions to be made thereto and the income thereof, shall be known as the " Canal Debt 10 Sinking Fund." 1 Sec. 2. In each fiscal year, commencing on the first day of October, one thousand 2 eight hundred and sixty-nine, after paying the expenses of collection, superintendence 3 and ordinary repair, there shall be set apart and paid into the Canal Debt Sinking Fund, 4 out of the revenues of the canals, the sum of $2,418,000 to pay the interest as it fulls 5 due and redeem the principal of the canal debt specified in section one of this article, 6 until the said debt shall be fully paid or provided for ; and the principal and income of 7 said sinking fund shall be applied to no other purpose. If in any fiscal year there shall 8 not be contributed from said revenues the sum of $2,418,000, the deficiency shall be 9 supplied by taxation the next year. The remaining revenues of the canals in each fiscal STATE OF NEW TOEK. No. 3, IN CONVENTION. -*••-♦-•»♦- BEFOST OF THE COMMITTEE ON FIXAXGE. ARTICLE — . 1 Section 1. The old canal debt of 1816, amounting on the 1st day of July, 2 1867, to $3,258,060 00 3 The general fund debt amounting at the time last aforesaid to i 5,642,622 22 4 The canal enlargement debt amounting at the same time to 10,807,000 00 5 and the floating debt loan contracted under the provisions of chapter 271 of the Law of 6 1859, amounting on the first day of May, 1867, to $1,700,000, shall hereafter be known 7 as the " canal debt," for the payment of which the canal revenues are hereby. pledged'; 8 and the several sinking funds applicable to the payment of the said debts, together 9 with the contributions to be made thereto and the income thereof, shall be known as the 10 " Canal Debt Sinking Fund." 1 § 2. After paying the expenses of collection, superintendence and ordinary repair, 2 there shall be set apart and paid into the Canal Debt Sinking Fund in each fical year, 3 commencing on the first day of October, 1868, out of the revenues of the canals, the 4 sum of $2,418,000 to pay the interest as it falls due and redeem the principal of the 5 several debts specified in section one of this article, until the said several debts shall be 6 fully paid or provided for ; and the principal and income of said sinking fund shall be 7 strictly applied to that purpose and to no other purpose or object whatever. If, in any 8 fiscal year there shall not be contributed from said revenues at least the sum of $2,418,- 9 00<3, the deficiency shall be supplied by taxation the next year. The remaining reve- ..." ' '.'.'■> 10 nues of the canals in each fiscal year may be applied by the Legislature to the improve- [6] 8 10 year may be applied by law to the improvement or completion of the canals, but shall 11 at no time be anticipated or pledged ; if not so applied they shall be and remain a part 12 of the Canal Debt Sinki'ng Fund. The tax authorized to provide for the Sinking Fund 13 to pay the floating canal debt shall be suspended after the first day of October, 1868. 1 Sec. 3. After the debts specified in section one are paid or provided for, according 2 to the provisions of section two, the revenues of the canals, after paying the expenses of 3 collection, superintendence and ordinary repair, shall in each fiscal year be paid into 4 the treasury of the State to pay the amount advanced since 1846 for canal purposes by 5 taxation, until the whole amount so advanced with interest at five per cent per annum 6 shall be paid and until any amount hereafter advanced for canal debts or other 7 canal purposes, with interest thereon at 5 per cent per annum, shall be paid ; but the 8 moneys so paid into the treasury may from time to time be appropriated by law for the 9 improvement of the canals, or for such other purposes as may be deemed proper. But 10 the said moneys shall not be anticipated or pledged. 1 Sec. 4. After complying with the provisions of the second and third sections of this 2 article, the revenues of the canals may, in each fiscal year, be disposed of for the im- 3 provement of the canals, or for such other purposes as may be prescribed by law, but 4 shall not be anticipated or pledged. 1 Sec. 5. The claims of the State against any incorporated company to pay the inter- 2 est and redeem the principal of the stock of the State, loaned or advanced to such com- 3 pany, shall be enforced, and not released or compromised, and the moneys arising from 4 such claims shall be applied to the payment of said stock, or to repay the money which 5 may be advanced to pay the same. 1 Sec. 6. The canals shall not be sold, leased, or otherwise disposed of, and shall re- 2 main under the management of the State forever. 1 Sec. 7. No moneys shall be paid out of the treasury of the State, or funds under 2 its management, except in pursuance of an appropriation by law, nor unless such pay- 3 ment be made within two years after the passage of such appropriation ; and every law 4 making, continuing, or reviving an appropriation, shall specify the sum appropriated 5 and the objects to which it is to be applied, and it shall not be sufficient for such law to . 6 refer to any other law for that purpose. 2 11 ment or completion of the canals, bat shall at no time be anticipated or pledged; if nbt 12 so applied they shall be and remain a part of the Canal Debt Sinking Fund. The tay 1,3 authorized to be levied to provide for the Sinking Fund to pay the floating canal de\)%, 14 is hereby suspended after the first day of October, 1867. ' .1 Sec. 3, After the debts specified in section one are fully paid or provided for, 2 according to the provisions of section two, the remaining revenues of the canals, after ■8 paying the said expenses of collection, superintendence and ordinary repairs, shall in 4: each fiscal year be paid into the treasury of the State to pay the amount advanced since 5 1846, for canal purposes by taxation, until the whole amount so advanced, with interest 6 at .five per cent per annum, shall be fully paid, and until any amount hereafter advanced • 7 for canal debts or other canal purposes, with interest thereon at five per cent per annum 8 shall be fully paid, but Ihe moneys so paid into the treasury, may from time to time b'e 9 appropriated by the Legislature for the improvement of the canals, or for such other 10 purposes as they may deem proper. But the said moneys shall at no time be anticipa- 11 ted or pledged. 1 Sec 4. After complying with the provisions of the second and third sections of this 2 article, and after paying said expenses of collection, superintendence and ordinary 3 repairs, the surplus revenues of the canals may, in each fiscal year, be disposed of for 4 the improvement of the canals, or for such other purposes as the Legislature may direct, 5 but shall at no time be anticipated or pledged. 1 Sec. 5. The claims of the State against any incorporated company to pay the 2 interest and redeem the principal of the stock of the State, loaned or advanced to such 3 company, shall be enforced, and not released or compromised, and the moneys arising 4 from such claims shall be set apart and applied to the payment of said stock, so loaned, 5 or to repay the money which may be advanced to pay the same. 1 Sec. 6. The Legislature shall not sell, lease or otherwise dispose of any of the canals 2 of this State, but they shall remain the property of the State and under its management 3 forever. 1 Sec. 7. Ko moneys shall ever be paid out of the treasury of this State, or any of it? 8 funds under its management, except in pursuance of an appropriation by-law, nor unless 3 such payment be made within two years next after the passage of such appropriation 3 1 Sec. 8. The credit of the State shall not be given or loaned to or in aid of any 2 individual, corporation or association. On the final passage in each house of the Leg- S islature of any act appropriating money or property, except for the purposes of Gov- 4 ernment, the question shall be taken by ayes and. noes, which shall be entered on the 5 journal, and two-thirds of all the members;elected to each house shall be necessary to 6 pass the same. 1 Sbc. 9. To meet casual deficits or failures in revenues, or expenses not provided for, 2 the State may temporarily contract debts ; but the aggregate of such debts shall never 3 exceed one million of dollars, and the moneys so raised shall be applied to the purposes 4 for which they were obtained, or to repay the debt so contracted, and to no other pur- ■ 5 pose; and such temporary debts shall be paid at the earliest practicable period not ex- 6 ceeding two years after they are contracted. 1 Sec. 10. The State may also contract debts to repel invasion of the State or of the 2 United States, to suppress insurrection in the State or the United States, or to defend 3 the State or the United States in war; but the money so raised shall be applied to such 4 purpose or to repay such debts, and to no other purpose. 1 Sec. 11. Except the debts specified in the ninth, tenth and thirteenth sections of this 2 article, no debt shall be contracted by or on behalf of the State, unless it shall be author- 5 ized by law for some single object to be specified therein ; and such law shall provide 4 for a direct annual tax sufficient to pay the interest on sucb debt as it falls due ; and 5 also to pay the principal of such debt within eighteen years from the time of the con- 6 tracting thereof. No such law shall take effect until it shall have been submitted to 7 the people at a general election, and shall have received a majority of all the votes cast 8 for and against it at such election. On the final passage of such bill in each house of 9 the Legislature, the question shall be " Shall this bill pass and ought the same to receive 10 the sanction of the people?" whicb sball be taken by yeas and nays and entered on the 11 journal. The Legislature may at any time repeal such law if no debt shall have been 12 contracted in pursuance thereof, and may at any time forbid the contracting of any 13 further debts under such law ; but if any debts shall have been contracted, the tax in 14 proportion thereto shall be irrepealable and be annually collected until the proceeds 15 thereof shall be sufficient to pay such debt. The money arising from any loan, or stock 3 4 act; and every such law making any new appropriation, or continuing or reviving an 5 appropriation, shall distinctly specify the sum appropriated and the objects to which it 6 is to be applied, and it shall not be sufficient for such law to refer to any other law to 7 fix the sum. 1 Sec. 8. Neither the credit, money nor property of the State shall in any manner be 2 given or loaned to or in aid of any individual, corporation or association, except for 3 charities and education. On the final passage in either house of the Legislature of 4 any act appropriating money for charities or education, the question shall be taken by 5 ayes and noes, which shall be duly entered on the journals, and two-thirds of all the 6 members elected to either house shall in all cases be necessary to pass the same. 1 § 9. The State may, to meet casual deficits or failures in revenues, or for unexpected 2 expenses not provided for, temporarily contract debts ; but such debts, direct and con- 3 tingent, singly or in the aggregate, shall not at any time exceed one million of dol- 4 lars, and the moneys arising from the loans creating such debt shall be applied to the 5 purposes for which they were obtained, or to repay the debt so contracted, and to no 6 other purpose whatever ; and such temporary debts shall in all cases be provided for at 7 the earliest practicable period ; and^ shall be paid within two years after they are con- 8 tracted. 1 Sec. 10. In addition to the above limited power to contract debts, the State may 2 contract debts to repel invasion of this State or the United States, to suppress insurrec- 3 tion in this State or the United States, or to defend the State or the United States in 4 war ; but the money arising from the contracting of such debts shall be applied to the 5 purposes for which it was raised or to repay such debts, and to no other purpose what- 6 ever. 1 Sec. 11. Except the debts specified in the twelfth and thirteenth sections of this 2 article, no debt shall be hereafter contracted by or on behalf of this State, unless such 3 debt shall be authorized by a law for some single work or object to be distinctly spe- 4 cified therein ; and such law shall impose and provide for a collection of a direct annual 5 tax to pay, and sufficient to pay the interest on such debt as it falls due ; and also to 6 pay and discharge the principal of such debt within eighteen years from the time of 7 the contracting thereof. No such law shall take effect until it shall at a general election ■ [7] 4 16 creating sucli debt shall be applied to the work or object specified in the act authorizing 17 such debt, or for the repayment of such debt, and for no other purpose. No such law 18 shall be voted upon within three months after its passage, nor at any general election 19 when any other law or any amendment to the Constitution shall be submitted to the 20 people. 1 Seo. 12. Every law which imposes, continues or revives a tax, shall state the lax 2 and the object to which it is to be applied ; and it shall not be sufficient to refer to any 3 other law for that purpose. 1 Sec. 13. No deficiency loan shall be made for a longer period than is necessary to 2 enable the sinking fund provided for its payment to accumulate an amount sufficient to 3 discharge it ; and in no case shall such loan be made for more than six years. 1 Seo. 14. No money shall be drawn from the treasury except in pursuance of an ap- 2 propriation by law, and on the warrant of the Comptroller ; and all bonds, Stocks, and 3 other securities issued by the State shall be signed by the Comptroller. 1 Sec. 15. Taxation on real and personal property shall be equal and uniform. The 2 Legislature shall pass laws giving effect to this section. 1 Seo. 16. The Comptroller is authorized to renew the bounty debt or any part thereof, 2 by extending the time of its payment to the first day of October, one thousand eight 8 .hundred and eighty-six, and to issue stock for that purpose, which he may apply in 4: exchange for the outstanding stock, or sell, and in case of sale the proceeds thereof shall 5 be applied to the purchase of the outstanding stock. The rate of interest on said stock 6 shall not exceed seven per cent per annum, payable semi-annually, and said stock shall 7 be exchanged or negotiated on the best possible terms, and in no event at less than par, 8 nor at a lower rate than the outstanding stock can be purchased for at the time the sale 9 or exchange shall be effected. The principal and interest of the stock hereby authorized 10 shall be secured by a direct annual tax to pay and sufficient to pay the interest thereon 11 as it falls due, and also to pay the principal thereof within eighteen years from October 12 first, eighteen hundred and sixty-eight. The Legislature may appropriate, from time to 13 time, to the payment of the principal or interest of said stock any funds of the State not 14 otherwise appropriated, and in case of such appropriation the tax to supply the sinking 15 fund shall be correspondingly reduced. 4 8 have been submitted to the people, and have received a majority of all the votes cast for 9 and against it at such election. On the final passage of such bill in either house of the 10 Legislature, the question shall be taken by ayes and noes, to be duly entered on the^ 11 journals thereof, and shall be : " Shall this bill pass and ought the same to receive the 12 sanction of the people ?" The Legislature may at any time after the approval of such 13 law by the people, if no debt shall have been contracted in pursuance thereof, repeal 14 the same, and may at any time by law forbid the contracting of any further debts under 15 such law ; but the tax imposed by such act, in proportion to the debt and liability which 16 may have been contracted in pursuance of such law, shall remain in force and be irre- 17 pealable and be annually collected until the proceeds thereof shall have made the pro- 18 vision hereinbefore specified to pay and discharge the interest and principal of such debt 19 and liability. The money arising from any loan or stock creating such debt or lia- 20 bility, shall be applied to the work or object specified in the act authorizing such debt or 21 liability or for the repayment of such debt or liability, and for no other purpose whatever. 22 No such law shall be submitted to be voted on within three months after its passage, or 23 at any general election when any other law, 'or any bill or any amendment to the 24 Constitution shall be submitted to be voted for or against. 1 Sec. 12. Every law which imposes, continues or revives a tax, shall distinctly state 2 the tax and the object to which it is to be applied ; and it shall not be sufiicient to refer 8 to any. other law to fix such tax or object. 1 Sec. 13. No deficiency loan shall be made by or on behalf of the State, for a longer 2 period than is necessary to enable the sinking fund provided for its payment, to accu- 3 mulate an amount sufficient to discharge it ; and in no case shall such loan be made for 4 more than six years. 1 Sec. 14. No money shall be drawn from the treasury of the State except in pur- 2 suance of an appropriation by law, and on the warrant of the Comptroller, and all 3 bonds, stocks and other securities issued by the State shall be signed by the Comptroller 4 on behalf of the State. 1 Sec. 15. Taxation on real and personal property shall be equal and uniform in this 2 State. A sworn statement shall be delivered to the taxing oflScers by all persons and 3 corporations who own, possess or hold such property, specifying the ownership, quan- 5 i tity and estimated value thereof ; in which may also be specified the particulars of the 5 indebtedness of the persons and corporations owning such property. The Legislature 6 shall pass laws giving effect to the above provision, subject to such deductions which 7 shall be equal and uniform as to real and personal property, and to such exceptions as 8 may be prescribed by law. 1 Sec. 16. The Comptroller is authorized to renew the bounty debt or any part there- 2 of, by extending the time of its payment to the first day of October, Anno Domino, one [ 3 thousand eight hundred and eighty-six, and to issue stock for that purpose, which he 4: may apply in exchange for the outstanding stock, or he may sell the same in the usual 5 manner, and in case of sale the proceeds thereof shall be applied to the purchase of 6 the outstanding stock. The stock so to be issued shall not bear interest to exceed seven 7 per cent per annum, payable semi-annually, and shall be exchanged or negotiated on 8 the best possible terms, and in no event at less than par, nor at a lower rate than the 9 outstanding stock can be purchased for at the time the sale or exchange shall be effected. 10 The principal and interest of the stock hereby authorized to be issued shall be secured 11 by a direct annual tax to pay and sufficient to pay the interest on said stock as it falls 12 due, and also to pay and discharge the principal thereof within eighteen years from IS October first, eighteen hundred and sixty-eight. The Legislature may appropriate, 14 from time to time, to the payment of the principal or interest of said stock any funds of 15 the Stale not otherwise appropriated, and in case of such appropriation the tax to sup- 16 ply the sinking fund shall be correspondingly reduced. 18] STATE OF I^EW YOEK. No. 4, IN CONVENTION REPORT OF THE COMMITTEE ON REVISION ON THE LEGISLATURE, ITS ORGANIZATION, &c. ARTICLE III. 1 Section 1. The Legislative power shall be vested in a Senate and Assembly. Any 2 elector shall be eligible to the office of Senator and member of Assembly. 1 § 2. The State shall be divided into thirty-two Senate districts, each of which shall 2 choose one Senator, and the term of office shall be four years. The Senate Districts shall be as follows : First District ; the Counties of Suffolk, Queens and Richmond. Second District; the First, Second, Third, Fourth, Fifth, Seventh, Eleventh, Thirteenth, Fifteenth, Nineteenth and Twentieth wards of the city of Brooklyn, in the county of Kings. Third District; the Sixth, Eighth, Ninth, Tenth, Twelfth,' Fourteenth, Sixteenth, Seven- teenth and Eighteenth wards of the city of Brooklyn, and the towns of Flatbusb, Flatlands, Gravesend, New Lots and New Utrecht, of the county of Kings. Fourth District; the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Thirteenth and Fourteenth wards of the city and county of New York. Fifth District ; the Eighth, Ninth, Fifteenth and Sixteenth wards of the city and county of New York. Sixth District; the Tenth, Eleventh and Seventeenth wards of the city and county of New York. [Revision.] STATE OF NEW YOEK. No. 4. IN CONVENTION. REPORT OF THE COMMITTEE ON THE LEGISLATURE, ITS ORGANIZATION, &c. AETICLE III. 1 Section 1. The Legislative power of this State shall be vested ia a Senate aad 2 Assembly. Any elector of this State shall be eligible to the oflSce of Senator and mem- 3 ber of Assembly. 1 Sec. 2. The State shall be divided into thirty-two Senate districts, each of which 2 shall choose one Senator, and the term of office shall be four years. The First District shall consist of the counties of Suffolk, Queens and Eichmond. The Second District shall consist of the First, Second, Third, Fpurth, Fifth, Seventh, Eleventh, Thirteenth, Fifteenth, Nineteenth and Twentieth wards of the city of Brooklyn, in the county Kings. The Third District shall consist of the Sixth, Eighth, Ninth, Tenth, Twelfth, Fourteenth, Sixteenth, Seventeenth and Eighteenth wards of the city of Brooklyn, and the towns of Flatbush, Flatlands, Gravesend, New Lots and New Utrecht, of the county of Kings. The Fourth District shall consist of the First, Second, Third, Fourth, Fifth, Sixth, Sev- enth, Thirteenth and Fourteenth wards of the city and county of New York. The Fifth District shall consist of the Eighth, Ninth, Fifteenth and Sixteenth wards of the city and county of New York. The Sixth District shall consist of the Eleventh, Tenth and Seventeenth wards of the city and county of New York. [9] 2 Seventh District ; the Eighteenth, Twentieth and Twenty-first wards of the city and county of New York. Eighth District; the Twelfth, Nineteenth and Twenty-second wards of the city and county of New York. Ninth District; the counties of Westchester, Putnam and Eockland. Tenth District ; the counties of Orange and Sullivan. Eleventh District ; the counties of Dutchess and Columbia. Twelfth District; the counties of Eensselaer and Washington. Thirteenth District ; the county of Albany. Fourteenth District ; the counties of Greene and Ulster. Fifteenth District ; the counties of Saratoga, Montgomery, Fulton, Hamilton and Schenec- tady. Sixteenth District ; the counties of Warren, Essex and Clinton. Seventeenth District ; the counties of St. Lawrence and Franklin. Eighteenth District ; the counties of Jefferson and Lewis. Nineteenth District ; the county of Oneida, Twentieth District; the counties of Herkimer and Otsego. Twenty-first District ; the counties of Oswego and Madison. Twenty-second District ; the counties of Onondaga and Cortland. Twenty-third District; the counties of Chenango, Delaware and Schoharie. Twenty-fourth District ; the counties of Broome, Tioga, and Tompkins. Twenty-fifth District ; the counties of Cayuga and Wayne. Twenty-sixth District; the counties of Ontario, Yates and Seneca. Twenty-seventh District; the counties of Chemung, Schuyler and Steuben. Twenty-eighth District ; the county of Monroe. Twenty-ninth District; the counties of Niagara, Orleans and Genesee. Thirtieth District; the counties of Wyoming, Livingston and Allegany. Thirty -first District ; the county of Erie. Thirty-second District ; the counties of Chautauqua and Cattaraugus. 3 The Senators first elected under this Constitution in districts bearing odd numbers 4 shall vacate their office at the end of two years, and those elected in districts bearing 5 even numbers at the end of four years, and vacancies occurring by the expiration of 6 term shall be filled by the election of Senators for the full term. 2 The Seventh District shall consist of the Eighteenth, Twentieth and Twenty-first wards of the city and county of New York. The Eighth District shall consist of the Twelfth, Nineteenth and Twenty second wards of the city and county of New York, The Ninth District shall consist of the counties of Westchester, Putnam and Eockland. The Tenth District shall consist of the counties of Orange and Sullivan. The Eleventh District shall consist of the counties of Dutchess and Columbia. The Twelfth District shall consist of the counties of Rensselaer and Washington. The Thirteenth District shall consist of the county of Albany. The Fourteenth District shall consist of the counties of Greene and Ulster. The Fifteenth District shall consist of the counties of Saratoga, Montgomery, Fulton Hamilton and Schenectady. The Sixteenth District shall consist of the counties of Warren, Essex and Clinton. The Seventeenth District shall consist of the counties of St. Lawrence and Franklin. The Eighteenth District shall consist of the counties of Jefferson and Lewis. The Nineteenth District shall consist of the county of Oneida. The Twentieth District shall consist of the counties of Herkimer and Otsego. The Twenty -first District shall consist of the counties of Oswego and Madison. The Twenty-second District shall consist of the counties of Onondaga and Cortland. The Twenty-third District shall consist of the counties of Chenango, Delaware snd Scho- harie. The Twenty-fourth District shall consist of the counties of Broome, Tioga and Tompkins. The Twenty -fifth District shall consist of the counties of Cayuga and.Wayne. The Twenty-sixth District shall consist of the counties of Ontario, Yates and Seneca. The Twenty-seventh District shall consist of the counties of Chemung, Schuyler and Steuben. The Twenty-eighth District shall consist of the county of Monroe. The Twenty-ninth District shall consist of the counties of Niagara, Orleans and Genesee. The Thirtieth District shall consist of the counties of Wyoming, Livingston and Alle- gany. The Thirty-first District shall consist of the county of Erie. The Thirty-second District shall consist of the counties of Chatauqua and Cattaraugus. 3 At the first election under said arrangement of districts, the Senators elected in dis- 4 tricts bearing odd numbers shall vacate their office at the end of two years, and those 3 1 Sec. 3. An enumeration of the inhabitants of the State shall be made under the 2 direction of the Legislature in the year one thousand eight hundred and seventy-five, 3 and in every tenth year thereafter ; and the Senate districts shall be so arranged by the 4 Legislature at the first session after the return of every enumeration, that each district shall 5 contain as near as may be an equal number of inhabitants of the State, excluding aliens, and 6 shall consist of contiguous territory, and shall remain unaltered until another enumer- 7 ation. No county shall be divided in the formation of Senate districts unless it shall 8 be entitled to two or more Senators. 1 Sec. 4. The Assembly shall consist of one hundred and thirty-nine members, who 2 shall be chosen by counties, and shall be apportioned among the several counties of the 3 State, as nearly as may be according to the number of inhabitants thereof, excluding 4 aliens, and shall hold office for one year. Each county shall be entitled to at least one 5 member, except that the counties of Fulton and Hamilton shall elect together, until the 6 population of the county of Hamilton shall, according to the ratio, entitle it to a 7 member. No new county shall be made unless its population shall entitle it to a mem- 8 ber. The members of Assembly shall be apportioned by the Legislature at its first 9 session after the adoption of this Constitution, upon the enumeration of the inhabitants 10 of the State, excluding aliens, made in the year one thousand eight hundred and sixty- 11 five. A like apportionment shall be made by the Legislature at its first session after 12 every such enumeration, and every apportionment shall remain unaltered until another 13 enumeration. 1 Sec. 5. The members of the Legislature shall each receive an annual salary of one 2 thousand dollars, and ten cents for every mile they shall travel in once going to and 3 returning from their place of meeting by the most usual route. The speaker of the 4 Assembly shall receive an additional salary of five hundred dollars. 1 Sec. 6. No member of the Legislature shall be appointed to any civil office within 2 the State by the Governor, the Governor and Senate, or by the Legislature, during the 3 time for which he shall have been elected, and all such appointments and all votes given 4 for any such member therefor shall be void. Nor shall any member of Congress or 5 any judicial or military officer under the United States hold a seat in the Legislature. 6 If any person after his election to the Legislature shall be elected to Congress or 3 5 elected in districts bearing even numbers at ■ the end of four years, and as vacancies 6 occur by the expiration of term, they shall be filled by the election of Senators for the 7 full term of four years. 1 Sec. 3. An enumeration of the inhabitants of the State shall be taken, under the 2 direction of the- Legislature, in the year one thousand eight hundred and seventy-five, 3 and at the end of every ten years thereafter ; and the said districts shall be so altered 4 by the Legislature, at the first session after the return of every enumeration, that each 5 district shall contain as near as may be an equal number of inhabitants of the State, 6 excluding aliens, and shall remain unaltered until the return of another enumeration, 7 and shall consist of contiguous territory. No county shall be divided in the formation 8 of a Senate district, unless such county shall be entitled to two or more Senators. 1 Sec. 4. The Assembly shall consist of one hundred and thirty-nine members, who 2 shall be chosen by counties, and shall be apportioned among the several counties of the 3 State, as nearly as may be, according to the number of inhabitants thereof, excluding 4 aliens, and shall hold ofi&ce for one year. Each county shall be entitled to at least one 5 member, except that the counties of Fulton and Hamilton shall together elect, until the 6 population of the county of Hamilton shall, according to the ratio, entitle it to a mem- 7 ber. No new county shall be erected unless its population shall entitle it to a member. 8 The first apportionment of members of Assembly shall be made by the Legislature, at 9 its first session after the adoption of this Constitution, upon the enumeration of the 10 inhabitants of this State, excluding aliens, made in the year one thousand eight hundred 11 and sixty -five. A like apportionment shall be made by the Legislature at its first session 12 after every such enumeration. Every apportionment, when made, shall remain unaltered 13 until another enumeration shall be made. 1 Sec. 5. The members of the Legislature respectively shall receive for their services 2 an annual salary of one thousand dollars, and ten cents for each mile they shall travel 3 in going to and returning from their place of meeting by the most usual route. The 4 speaker of the Assembly shall receive an additional compensation equal to one-half of 5 his salary as a member, 1 Sec. 6. No member of the Legislature shall be appointed to any civil office within 2 this State by the Governor, the Grovernor and Senate, or by the Legislature during the time [10 ] 4 7 appointed to any office, civil or military, under the government of the United States, 8 his acceptance thereof shall vacate his seat, 1 Sec. 7. The election of members of the Legislature shall be held on the Tuesday 2 succeeding the first Monday in November, unless otherwise directed by law. The 3 first election shall be held in the year one thousand eight hundred and sixty . 4 The legislative term shall begin on the first day of January, and the Legislature shall 5 every year assemble on the first Tuesday in January, unless a different day be appointed 6 by law. The members of the Legislature who may be in office on the first day of 7 January, one thousand eight hundred and sixty , shall hold their offices until and 8 including the thirty-first day of December of that year, and no longer. 1 § 8. A majority of each House shall constitute a quorum. Each House shall deter- 2 mine the rules of its own proceedings, and be the judge of the election, returns and 3 qualifications of its members ; shall choose its own officers ; and the Senate shall choose 4 a temporary President to preside when the Lieutenant-Governor shall not attend as 5 President or shall act as Gove'rnor. The Secretary of State shall call the Assembly to 6 order at the opening of each new Assembly, and preside over it until a presiding officer 7 thereof shall have been chosen and shall have taken his seat. No member shall be ex- 8 pelled by either House, except by a vote of a majority of all the members elected to 9 that House, and no member shall be twice expelled for the same offense. 1 § 9. Each House shall keep a journal of its proceedings and publish the same, except 2 such parts as may require secrecy. The doors of each house shall be kept open, except 3 when the public welfare shall require secrecy. Neither House shall, without the con- 4 sent of the other, adjourn for more than two days. 1 Sec. 10. For any speech or debate in the Legiislature the members shall not be ques 2 tioned in any other place. 1 Sec. 11. Any bill may originate in either house of the Legislature, and bills passed 2 by one house may be amended by the other. 1 Sec. 12. The enacting clause of bills shall be " The People of the State of New 2 York, represented in Senate and Assembly, do enact as follows," and no law shall be 3 passed except by bill. 4 8 for which he shall have been elected, and all such appointments and all votes given for 4 any such member therefor shall be void. Nor shall any person being a member of 5 Congress or holding any judicial or military ofiice under the United States, hold a 6 seat in the Legislature. If any person shall after his election as a niomber of the 7 Legislature, be elected to Congress or appointed to any office, civil or niilitary, under 8 the government of the United States, his acceptance thereof, shall -vacate his seat. 1 Sec. 7. The elections of Senators and members of Assembly under this Constitution 2 shall be held on the Tuesday succeeding the first Monday in November, unless otherwise 3 directed by law. The first election to be in the year one thousand eight hundred and 4 sixty-eight. The legislative term shall begin on the first day of January, and the 5 Legislature shall every year assemble on the first Tuesday in January, unless a different 6 day be appointed by law. The Senators and members of Assembly who may be iii 7 office on the first day of January, one thousand eight hundred and sixty-eight, shall 8 hold their offices until and including the thirty first day of December of that year, and 9 no longer. 1 § 8. A majority of each House shall constitute a quorum to do business. Each 2 House shall determine the rules of its own proceedings, and be the judge of the election, 3 returns and qualifications of its own members ; shall choose its own officers ; and the 4 Senate shall choose a temporaiy President to preside when the Lieutenant-Governor 5 shall not attend as President, or shall act as Grovernor. The Secretary of State shall 6 call the Assembly to order at the opening of each new Assembly, and preside over it 7 until a presiding officer thereof shall have been elected and shall have taken his seat. 8 No member shall be expelled by either House, except by a vote of a majority of all the 9 members elected to each House, and no member shall be twice expelled for the same 10 offense. 1 § 9. Each House shall keep a journal of its proceedings and publish the same, except 2 such parts as may require secrecy. The doors of each House shall be kept open, except 3 when the public welfare shall require secrecy. Neither House shall, without the consent 4 of the other, adjourn for more than two days. 5 1 Sec. 13, No bill shall be passed unless by the assent of a majority of the members 2 elected to each houses The question upon the final passage shall be taken immediately 3 upon the last reading and the yeas and nays shall be entered on the journal. 1 Sec. 14. No law shall embrace more than one subject, which shall be named in the 2 title ; but the law shall be void only as to the subjects not so named. No law shall be 3 revised, altered or amended by reference to its title only, but the act revised, or the sec- 4 tion or sections thereof as altered or amended, shall be re-enacted and published at 6 length. 1 Sec. 15. On the day of its final adjournment, the Legislature shall adjourn at twelve 2 o'clock at noon. 1 Sec. 16. The Legislature shall not audit or allow any private claim or account 2 against the State, or pass any special law in relation thereto, but may appropriate 3 money to pay such claims as shall have been audited and allowed according to law. 1 Sec. 17. The Legislature shall not grant any extra compensation to any public 2 officer, servant, agent or contractor, nor increase or diminish any compensation, except 3 that of judicial officers, during the term of service, 1 Sec. 18. The cases in which any office shall be deemed vacant shall be defined by 2 general laws, when no provision is made for that purpose in this Constitution, and the 3 Legislature shall provide for filling vacancies in office. In case of elective offices, any 4 person appointed to fill a vacancy shall hold the office until a successor shall be elected 5 and duly qualified according to law. 1 Sec. 19. Provision shall be made by law for the removal, for misconduct in office, 2 of all officers, except judicial, whose powers and duties are not local or legislative, and 3 who shall be elected at general elections, and also for filling vacancies caused by such 4 removal. 1 Sec. 20. "When the term of any office is not prescribed by this Constitution, it may 2 be declared by law; and if not so declared, such office shall be held during the 3 pleasure of the authority making the appointment 6 1 Sec. 21. The political year and legislative term shall begin on the first day of 2 January. 1 Sec. 22. No office shall be created for weighing, gauging, culling or inspecting any 2 merchandise, manufactures, produce or commodity whatever, but nothing in this section . 3 shall affect any office created for the purpose of protecting the public health or the 4 interests of the State in its property, revenue, tolls or purchases, or of supplying the 5 people with correct standards of weights and measures, or shall prevent the creation 6 of any offices for such purposes. 1 Sec. 25. Lotteries and the sale of lottery tickets are prohibited. 1 Sec. 26. No local or private act shall become a law unless notice of the intention to 2 apply therefor shall have been given in the manner now or hereafter to be prescribed 3 by law. 1 Sec. 27. The Legislature shall not pass local or special laws : 2 Granting divorces ; 3 Authorizing the sale, mortgaging or leasing of the real property of minors or other 4 persons under disability ; 5 Changing the names of persons ; 6 For laying out, working or discontinuing public or private roads or highways ; 7 Eeleasing the right of the State to lands acquired by escheat or forfeiture by reason 8 of alienage ; 9 Giving effect to informal or invalid deeds or wills ; 10 For granting to any individual, association or corporation the right to lay down rail- 11 road tracks; 12 But no law shall be passed granting the right to construct and operate a street 13 railroad within any city, town or incorporated village, without the consent of the local 14 authorities, and also the consent of the owners of at least one-third in value of the pro- 15 perty, according to the assessment roll of the previous year, bounded on that portion of 16 each street over which the same shall be constructed ; or in case the consent of such pro- 17 perty owners can not be obtained, then without the consent of the general term of the [11 ] 7 18 Supreme Court of the district in which such road is proposed ; such consent to be 19 obtained and authenticated in such manner as the Legislature shall by general law for 20 that purpose provide ; 21 Or in any case for which provision now exists or shall hereafter be made by any 22 general law. 23 The Legislature shall pass general laws providing for the cases enumerated in 24 this section. STATE OF l^EW TOEK. No. 5. IN CONVENTION EEPORT OF THE COMMITTEE ON REVISION, ON THE ARTICLE ON GOVERNOR AND LIEUTENANT-GOVERNOR, THEIR ELECTION, TENURE OF OFFICE, COMPENSATION, &c. AETICLE IV. 1 Section 1. The executive power shall be vested in a Governor who shall bold 2 bis office for two years ; a Lieutenant-Governor shall be chosen at the same time and for 3 the same term. 1 Sec. 2. No person shall be eligible to the office of Governor or Lieutenant-Governor,. 2 except a citizen of the United States, who shall have attained the age of thirty years, 3 and have been five years next preceding his election a resident of the State. 1 Sec. 3. The Governor and Lieutenant-Governor shall be elected at the times and 2 places of choosing members of the Assembly. The persons having the highest number 3 of votes for Governor and Lieutenant-Governor shall be elected ; but in case two or more 4 shall have an equal vote, and the highest number of votes for either of said officers, the 5 Legislature at its next annual session shall forthwith, by joint ballot, choose one of the 6 said persons for Governor or Lieutenant-Governor. 1 Sec. 4. The Governor shall be commander-in-chief of the military and naval forces 2 of the State. He shall have power to convene the Legislature or the Senate only, on 3 extraordinary occasions. He shall communicate by message to the Legislature at every 4 session the condition of the State, and recommend such measures as he shall judge ex- 5 pedient. He shall' transact all necessary business witb the officers of government, [Revision.] STATE OF NEW TOEK. No. 5. IN CONVENTION. REPORT OF THE COMMITTEE ON GOVERNOR AND LIEUTENANT- GOVERNOR, THEIR ELECTION TENURE OF OFFICE, COMPENSA- TION, &c. AETICLE. 1 Section 1. The executive power shall be vested in a Governor, who shall hold his 2 office for two years ; a Lieutenant-Governor shall be chosen at the same time and for ' 3 the same term. 1 Sec. 2. No person, except a citizen of the United States, shall be eligible to the 2 office of Governor, nor shall any person be eligible to that office, who shall not have S attained the age of thirty j'ears, and who shall not have been j5vc years next preceding 4 his election a resident within this State. 1 Sec. 3. Tiie Governor and Lieutenant-Governor shall be elected at the times and 2 places of choosing members of Assembly. The persons respectively having the highest 3 number of votes for Governor and Lieutenant-Governor, shall be elected; but incase 4 two or more shall have an equal and the highest number of votes for Governor, or for 5 LieutenantGoveinor, the two Houses of the Legislature, at its next annual session shall 6 forthwith, by joint ballot, choose one of the said persons so having an equal and the 7 highest number of votes for Governor or Lieutenant-Governor. 1 Sec. 4. The Governor shall be commander-in-chief of the military and naval forces 2 of the State. He shall have power to convene the Legislature (or the Senate only) on 3 extraordinary occasions. He shall communicate by message to the Legislature at every 4 session, the condition of the StatCj and recommend such measures to them, as he shall [12 ] 2 6 civil and military. He sLall expedite all sach measures as may be resolved upon by 7 the Legislature, and sliall take care that liic laws are faithfulJiy executed. He shall at 8 stated times receive for his services a compensation to be established by law, which 9 shall neither be increased nor diminished during his term of office. 1 Sec. 5. In case of tlic impeachment of the Governor, or his removal from office, 2 death, inability to discharge the powers and duties of the said office, resignation or ab- 3 sence from the State, the powers and duties of the office shall devolve upon the Lieu- 4 tenant Governor for the residue of the term, or until the disability shall cease. But 5 when the Governor shall, with the consent of the Legislature, be out of the State in 6 time of war, at the head of a military or naval force thereof, he shall continue com- 7 mander-in-chief of the force of tlie State. 1 Sec. 6. The Governor may call special sessions of the Legislature by proclamation, 2 in which shall be stated the particular object or objects for which they are called, and 3 no business shall be transacted at any special session except such as shall be stated in 4 the proclamation. 1 Sec. 7. The Governor shall have the power to grant reprieves, commutations and 2 pardons after conviction, for all offenses except treason and cases of impeachment, upon 3 such conditions and with such restrictions and limitations as he may think proper, sub- 4 ject to such regulations as may be provided by law relative to the manner of applying 5 for pardons. Upon conviction for treason he shall have power to reprieve until the case 6 can be reported to the Legislature, which shall at the same session either grant a 7 reprieve, pardon or commutation of the sentence, or direct its execution. He shall 8 annually communicite to the Legislature each case of reprieve, commutation or pardon, 9 .stating the name of the convict, the offense of which he was convicted, the sentence and 10 its date, and the date of the commutation, pardon or reprieve. 1 Sec. 8. The Lieutenant-Governor shall be President of the Senate, but shall have 2 only a casting vote. If, during a vacancy of the office of Governor, the Lieutenant- 3 Governor shall be impeached, removed, resign, die, or become incapable of performing 4 the duties of his office, or be absent from the State, the President of the Senate shall 6 act as Governor, until the vacancy is filled or the disability cease. 2 5 judge expedient. He shall transact all necessary business with the officers of 6 government, civil and military. He shall expedite all such measures as may be 7 resolved upon by the Legislature, and shall take care that tlic laws are faithfully ■.8 executed. He sijall at stated times receive for his services a compensation to be 9 established by law, to be first fixed by the Legislature at its first session after tlie 10 adoption of this Constitution, and which compensation shall neither bo increased nor 11 diminished after his election or during his term of office. 1 Sec. 5. In case of the impeachment of the Governor, or his removal from office, 2 death, inability to discharge the powers and dutie.? of the said office, resignation or 3 ab.sence from the State, the powers and duties of the office siiall devolve upon the Lieu- 4 tenant-G-overnor for the residue of the term, or wnUl the disability shall cease. But 5 when the Governor shall, with the consent of the Legislature, be out of tiie State in 6 time of war, at the head of a military force thereof, he shall continue commander-in-chief ■ 7 of all the military force of the State. 1 Sec. 6. The Lieutenant-Governor shall possess the same qualifications of eligibility 2 for office as the Governor. He shall be president of the Senate, but shall have only a S casting vote therein. If, during a vacancy of the office of Govej'nor, the Lieutenant- 4 Governor shall be impeached, displaced, resign, die, or become incapable of performing 5 the duties of his oflSce, or he be absent from the State, tlie President of the Senate shall 6 act as Governor until the vacancy be filled, or tlie disability shall cease. 1 Sec. 7. The Lieutenant-Governor shall receive for his services a compensation to be 2 established by law, to be first fixed by the Legislature at its first session after tiie adop- 3 tion of this Constitution ; and which compensation shall neither be increased nor dimin- 4 ished after his election, or during his term of office, and he siiall not receive or be 5 entitled to any other or further compensation, fees or perquisites for any other duties or 6 services he may be required to perform by virtue of his office by this Constitution or 7 by law. 1 Sec. 8. Every bill which shall have passed the Legislature, shall, before it becomes 2 a law, be presented to the Governor. If he approve, hesliall sign it, but if not, he shall 3 return it with his objections to that house in which it shall have originated, which shall 3 1 Sec. 9. Tlie Lieutenant-Governor shall receive for his services a compensation to be 2 established by law, which shall neither be increased nor diminished during liis term of 3 office, and he shall not receive or be entitled to any other compensation, fee or perqui- 4 site for any duty or service he may be required to perform by this Constitution or Ly 5 law. 1 Sec. 10. Every bill before it becomes a law shall be presented to the Governor. If 2 he approve, ho sliall sign it, but if not, he shall return it witii his objections to the 3 house in wliicii it originated, which shall enter the objections at large on its i journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of the * 5 members elected to sucii house shall agree to pass the bill, it shall be sent willi the 6 objections to tlie oilier house by which it shall also be reconsidered, and if approved 7 by two-thirds of all the members elected to such house, it shall thereupon become a law. 8 But in all such cases the votes in both houses shall be determined by ayes and noes, and 9 the names of tlio members voting for and against the bill shall be entered on tiie journal of 10 eacli house. If any bill is not returned by the Governor within ten da^'s, Sundays cx- 11 cepted, after it has been presented to him, it shall be a law unless the Legislature by its 12 adjournment prevent its return. No bill shall become a law by the approval of the 18 Governor after the close of the session at which the same was passed. 3 4 enter the objections at large on its journal, and proceed to reconsider it. If, after such 5 reconsideration, two-thirds of the members elected to such house shall agree to pass the 6 bill, it shall be sent, together with the objections, to the other house, by which it shall 7 likewise be reconsidered, and if approved by two-thirds of all the members elected to 8 such house, it shall become a law notwithstanding the objections of the Governor. But 9 in all such cases the votes in both houses shall be determined by ayes and noes, and the 10 names of the members voting for and against the bill shall be entered on the journal of _ 11 each house respectively. If any bill shall not be returned by the Governor within ten 12 days, Sundays excepted, after it shall have been presented to him, the same shall be a 13 law in like manner as if he had signed it, unless the Legislature by its adjournment pre- 14 vent its return, in which case it shall not be a law. And no bill shall become a law 15 unless approved of and signed by the Governor during the session of the Legislature at 16 which the same was passed, or the same be returned by him with his objections, and be 17 reconsidered and passed as aforesaid. [13 ] STATE OF NEW YOEK. No. 0. IN CONVENTION. REPORT OF THE COMMITTEE ON REVISION OF THE ARTICLE ON THE JUDICIARY. ARTICLE VI. 1 Section 1. The Assembly shall have the power of impeachment by a vote of the 2 majority of all the members elected. The court for the trial of impeachments shall be 3 composed of the President of the Senate, the Senators, or a major part of them, and the 4 Judges of the Court of Appeals, or the major part of them. On the trial of an 6 impeachment against the Governor, the Lieutenant* Governor shall not act as a member 6 of the court No judicial officer shall exercise his office after he shall have been 7 impeached, until he shall have been acquitted. Before the trial of an impeachment, the 8 members of the court shall take an oath or affirmation truly and impartially to try 9 the impeachment according to evidence, and no person shall be convicted without the 10 concurrence of two thirds of the members present. Judgment in cases of impeachment 11 shall not extend further than to removal from office, or removal from office and disquali- 12 fication to hold and enjoy any office of honor, trust or profit under this State ; but the 13 party impeached shall be liable to indictment and punishment according to law. 1 Sjbc. 2. There shall be a Court of Appeals, composed of a Chief Judge and six Asso* 2 ciate Judges, who shall be chosen by the electors of the State, and shall bold their office 3 for the term of fourteen years from and including the first day of January next after 4 their election. At the first election of judges under this Constitution, every elector [Revision.] , , : ,. < 2 5 may vote for the Chief and only four of the Associate Judges. Any five members of 6 the court shall form a quorum, and the concurrence of four shall be necessary to a 7 decision. The court shall have the appointment, with the power of removal, of its 8 reporter and clerk, and of such attendants as may be necessary. 1 Sec. 3. When a vacancy shall occur otherwise than by expiration of term in the 2-t)fiice of Chief or Associate Judge of the Court of Appeals three months prior to a 3 general election, the same shall be filled at such election for a full term ; and until the 4 vacancy shall be so filled, the Governor, by and with the advice and consent of the 5 Senate, if the Senate shall be in session, or if not, the G-overnor alone, may appoint to 6 fill such vacancy. If any such appointment of Chief Judge shatl be made from among 7 the Associate Judges, a temporary appointment of Associate Judge shall be made in like 8 manner, but in such case the person appointed Chief Judge shall not be deemed to vacate 9 his office of Associate Judge any longer than until the expiration of his appointment as 10 Chief Judge. The powers and jurisdiction of the court shall not be suspended for 11 want of appointment or election when the number of judges is sufficient to constitute 12 a quorum. All appointments under this section shall continue until and including the 13 last day of December next after the election at which the vacancy shall be filled. 1 Sec. 4. Upon the organization of the Court of Appeals under this Article, 2 the causes then pending in the present Court of Appeals shall become vested in the 3 Court of Appeals hereby established. Such of said causes as are pending on the first day 4 of January eighteen hundred and sixty-nine, shall be heard and determined by a com- 5 mission to be composed of five Commissioners of Appeals, four of whom shall be neces- 6 sary to constitute a quorum. But the Court of Appeals hereby established may order any 7 of said causes to be heard therein. Such commission shall be composed of the 8 Judges of the present Court of Appeals elected or appointed thereto, and a fifth Com- 9 missioner who shall be appointed by the Governor, by and with the advice and consent 10 of the Senate; or if the Senate be not in session, by the' Governor; but in such case ihe 11 appointment shall expire at the end of the next session. 1 Sec. 6. If any vacancy shall occur in the office of the said Commissioners, it shall 2 be filled by appointment by the Governor by and with the advice and consent of the 3 Senate ; or if the Senate is not in session, by the Governor, but in such case the appoint- 4 ment shall expire at the end of the next session. The Commissioners shall appoint 3 5 from their number a Chief Commissioner, and may appoint and remove such attendants 6 as may be necessary. The reporter of the Court of Appeals shall be the reporter of said 7 Commission. The decisions of the Commission shall be certified to and entered and 8 enforced as the judgments of the Court of Appeals. The commission shall continue 9 until the causes committed to it are determined, but not exceeding three years ; and all 10 causes then undetermined shall be heard by the Court of Appeals. 1 Sec. 6. There shall be the existing Supreme Court with general jurisdiction in law 2 and equity subject to such appellate jurisdiction of the Court of Appeals as now is or 3 may be prescribed by law; and it shall be composed of the Justices now in oflSce 4 and their successors. The existing Judicial Districts of the State are continued until 5 changed pursuant to this section. Five of the Justices shall reside in the District in 6 which is the city of New York, and four in each of the other Districts ; but the Legis- 7 lature may provide for an additional Justice in any District. The Legislature may 8 alter the Districts, without increasing the number, once after every enumeration 9 under this Constitution of the inhabitants of the State. 1 Sec. 7. At the first session of the Legislature, after the adoption of this article, pro- 2 vision shall be made for organizing in the Supreme Court not more than four 3 courts in banc, each to be composed of a Presiding Justice and not more than three other 4 justices, who shall be designated according to law from the whole number of Justices. 5 Each Presiding Justice shall continue to act as such during his term of office. Pro- 6 vision shall be made by law for holding terms of the courts in banc in each judicial 7 district. Any Justice of the Supreme Court may hold special terms and Circuit court^ 8 and may preside in courts of Oyer and Terminer in any county. 1 Sec. 8. No Judge or Justice shall sit on appeal or writ of error in review of a 2 decision made by him or by any court of which he was at the time a sitting member. 3 The testimony in equity cases shall be taken in like manner as in cases at law ; and ex- 4 cept as herein otherwise provided the Legislature shall have the same power to alter and 5 regulate the jurisdiction and proceedings in law and equity as they have heretofore 6 exercised. 1 Sec. 9. "When a vacancy shall occur, otherwise than by expiration of term, in the 2 office of Justice of the Supreme Court three months prior to a general election, the [14] 4 3 same shall be filled at such election, for a fall term, and until any vacancy shall be so 4 filled, the Governor, by and with. the advice and consent of the Senate, if the Senate 5 shall be in session, or if not in session, the Governor may appoint te fill such vacancy. 6 Any such appointment shall continue until and including the last day of December 7 next after the election at which the vacancy shall be filled. 1 Sec. 10. The Judges of the Court of Appeals, and the Justices of the Supreme 2 Court, shall not hold any other office or public trust. All votes for any of them for 3 any other than one of those offices, given by the Legislature or the people, shall be void. 1 Sec. 11. Judges of the Court of Appeals and Justices of the Supreme Court, may 2 be removed by concurrent resolution of both houses of the Legislature, if two-thirds of 3 all the members elected to each house concur therein. All judicial officers except those 4 mentioned in this section, and except Justices of the Peace and Judges and Justices of 6 inferior courts not of record, may be removed by the Senate on the recommendation 6 of the Governor, if two-thirds of all the members elected to the Senate concur therein. 7 But no removal shall be made by virtue of this section unless the cause thereof be 8 entered on the journals, nor unless the party complained of shall have been served with 9 a copy of the charges against him, and shall have had an opportunity of being heard. 10 On the, question of removal,, the ayes and noes shall be entered on the journal. ■ 1 . Sec. 12. The Superior Court of the city of New York, the Court of Common Pleas of 2 the city and county of New York, the Superior Court of the city of Buffiilo, and the City 3 Court of Brooklyn, are continued, with the powers and jurisdiction they now severally 4 have, and such further jurisdiction as may be conferred by law. The Superior Court 5 of New York shall be composed of the five Judges in office at the adoption of this 6 article, and one additional Judge ; the Court of Common Pleas of New York of the 7 three Judges then in office, and three additional Judges ; the Superior Court of Buffalo 8 of the Judges now in office and their successors ; and the City Court of Brooklyn of such 9 number of Judges, not exceeding three, as may be provided by law. The Judges of said 10 courts in office at the adoption of this article, are continued until the expiration of 11 their terms. A Chief Judge shall be appointed by the Judges of each of said courts 12 from their own number, who shall act as such during his official term. Vacancies in the 13 office of the Judges named in this section occurring otherwise than by expiration of 5 14 term shall be filled ia the same manner as vacancies in the Supreme Court. The Legis- 15 lature may provide for detailing Judges of the Superior Court and Court of Common 16 Pleas of JSew York to hold Circuits or Special Terms of the Supreme Court in that 17 city, as the public interest may require. 1 Sec. 13. Justices of the Supreme Court shall be chosen by the electors of their 2 respective judicial districts. Judges of all the courts mentioned in the last preceding 3 section shall be chosen by the electors of the cities respectively in which the said courts 4 are instituted. . The official terms of the said Justices and Judges who shall be elected 5 after the adoption of this article, shall be fourteen years from and including the first 6 day of January next after their election. But no person shall hold the office of Justice 7 or Judge of any court longer than until and including the last day of December next 8 after he shall be seventy years of age. 1 Sec. 14. The Judges and Justices hereinbefore mentioned shall receive for their 2 services a compensation to be established by law, which shall not be diminished during 3 their official terms. Except the Judges of the Court of Appeals and the Justices of the 4 Supreme Court they shall be paid, and the expenses of their courts defrayed, by the 5 cities in which such courts are instituted. 1 Sec. 15. The existing County Courts are continued and the Judges thereof in office 2 at the adoption of this article shall hold their offices until the expiration of their 3 respective terms. Their successors shall be chosen by the electors of the counties 4 for the term of six years. The County Courts shall have the powers and jurisdiction 5 they now possess until altered by the Legislature. They shall also have original jurisdic- 6 tion in all cases where the defendants reside in the county and in which the damages 7 claimed shall not exceed one thousand dollars, and also such appellate jurisdiction as 8 shall be provided by law, subject however to such provisions as shall be made by law 9 for the removal of causes into the Supreme Court. They shall also have such other original 10 jurisdiction as shall from time to time be conferred upon them by the Legislature. The 11 county Judge with two justices of the peace, to be designated according to law, may 12 hold courts of sessions, with such criminal jurisdiction as the Legislature shall prescribe, 13 and he shall perform such other duties as may be required by law. His salary shall be 14 established by law, payable out. of the county treasury, and shall not be diminished [Eevision.] 6 15 during his term of office. The justices of the peace shall be paid for services in Courts 16 of Sessions a per diem allowance out of the county treasury. The County Judge 17 shall also be Surrogate of his county, but in counties having a population exceeding 18 forty thousand, the Legislature may provide for the election of a separate officer to 19 be surrogate, -whose term of office shall be the same as that of the county judge. 20 The county Judge of any county may preside at courts of sessions or hold 21 county courts in any other county except New York and Kings, when requested by the 22 Judge of such other county. ' 1 Sec. 16. The Legislature may, on application of the board of supervisors, provide 2 for the election of local officers, not to exceed two in any county, to discharge the duties 8 of county judge and of surrogate in cases of their inability or of a vacancy, and to 4 exercise such other powers in special cases as may be provided by law. 1 Sec. 17. The Legislature shall provide for submitting to the electors of the State at 2 the general election in the year 1873, two questions to be voted upon on separate ballots, 3 as follows : First. " Shall the offices of Chief Judge and Associate Judge of the Court of 4: Appeals and of Justice of the Supreme Court be hereafter filled by appointment?" If 5 a majority of the votes upon the question shall be in the affirmative, then thereafter the 6 said officers shall not be elective but as vacancies occur they shall be filled by appointment 7 by the Governor, by and with the advice and consent of the Senate ; or if the Senate be not 8 in session, by the Governor; but in such case he shall nominate to the Senate when next 9 convened and such appointment by the Governor alone shall expire at the end of that 10 session. Second. " Shall the offices of the Judges mentioned in sections 12 and 15 of Arti- 11 cle YI of the Constitution be hereafter filled by appointment ?" If a majority of the votes 12 upon the question shall be in the affirmative, then thereafter the said offices shall not be 13 elective, but as vacancies occur they shall be filled in the manner in this section above 14 provided. 1 Sec. 18. The electors of the several towns shall, at their annual town meeting, and 2 in such manner as the Legislature may direct, elect justices of the peace, whose term of 3 office shall be four years. In case of an election to fill a vacancy, occurring before the 4 expiration of a full term, they shall hold for the residue of the unexpired term. Their 5 number and classification may be regulated by law. Justices of the peace, and judges 6 or justices of inferior courts, not of record, and their clerks, may be removed after due 7 7 notice, and an opportunity of being heard by such courts as may bo prescribed by law 8 for causes to be assigned in the order of removal. "O'' 1 Sec. 19. Inferior local courts of civil and criminal jurisdiction may be established 2 by the Legislature; and, except as herein otherwise provided, all judicial officers shall 3 be elected or appointed at such times, and in such manner as the Legislature may direct. 1 Sec. 20. Clerks of the several counties shall be clerks of the Supreme Court, 2 with such powers and duties as shall be prescribed by law. The Clerk of the 3 Court of Appeals shall keep his ofSce at the seat of government. His compensation 4 shall be fixed by law and paid out of the public treasury. 1 Sec. 21. No judicial officer except justices of the peace, shall receive to his own use 2 any fees or perquisites of office; nor shall any judge of the Court of Appeals, Justice 3 of the Supreme Court, or Judge of a Court of Eecord in the cities of of New York^ 4 Brooklyn, or Buffalo, practice as an attorney or counsellor in any court of record iu this 5 State, or act as referee. 1 Sec. 22. The Legislature may authorize the judgments, decrees and decisions of any 2 court of record of original civil jurisdiction, established in a city, to be removed for re- 3 view, directly into the Court of Appeals. 1 § 23. The Legislature shall provide for the speedy publication of all statutes, 2 and also for the appointment by the Justices of the Supremo Court designated to hold 3 courts in banc of a Eeporter of the decisions of that Court. All laws and judiciat 4 decisions shall be free for publication by any person. 1 § 24. TUe first election of judges of the Court of Appeals, shall take place 2 3 The Court of Appeals, 4 and the Commissioners of Appeals, shall respectively enter upon their duties on the 5 1 §25. Surrogates, justices of the peace, and local judicial officers provided for in 2 section sixteen, in office when this article shall take effect, shall hold their respective 3 offices until the expiration of their terms. [ 15 1 8 1 § 26. The Legislature may institute Probate Courts, confer upon other courts of 2 record the powers and jurisdiction of Surrogate, provide for the appointment of Eegis- 3 trars of wills and of the probate thereof and of letters of administration, and for the 4 trial by jury of issues in surrogates' courts, and in courts having the like powers and 6 duties. 1 § 27. Courts of special sessions shall have such jurisdiction of offenses of the grade 2 of misdemeanors as may be prescribed by law. 1 § 28. The Legislature shall provide for the appointment by tbe court of appeals of 2 a Eeceiver-Greneral, who shall have the care and control of all moneys of suitors and 3 others paid or payable into any of the courts of this State, subject however, to such 4 rules as the court of appeals shall make and to such regulations as to security and other- 6 wise as may be prescribed by law. STATE OF WEW YOEK. No. 7. IN CONVENTION EEPOET OF THE COMMITTEE ON REVISION, ON THE ARTICLE ON SECRETARY OF STATE, COMPTROLLER, &c., THEIR ELECTION, &c. ARTICLE V. 1 Section 1. The Secretary of State, Comptroller, Treasurer and Attorney-General, 2 shall be chosen at the same time and for the same term as the Governor. The Secre- 3 tary of State, Comptroller, Treasurer, Attorney-General and State Engineer and 4 Surveyor, elected at the general election held on the Tuesday succeeding the first 5 Monday of November, one thousand eight hundred and sixty- , shall hold their 6 respective offices until and including the thirty-first day of December, one thousand 7 eight hundred and sixty- , and no longer. 1 Sec. 2. The Treasurer may be suspended from office by the Governor, during the 2 recess of the Legislature, and until thirty days after the commencement of its next 3 session, -whenever it shall appear to him that such Treasurer has violated his duty. The 4 Governor shall appoint a competent person to discharge the duties of his office during 5 such suspension. 1 Sec. 3. The officers named in this Article shall receive for their services a salary to 2 be established by law, which shall not be increased or diminished during the official 3 term. They shall not receive to their own use, any fees, costs, perquisites of office, or 4 other compensation. The moneys received by any such officers, except their salary, and [Revision.] STATE OF NEW TOEK. No. T. IN CONVENTION HEPORT OF THE COMMITTEE ON SECRETARY OF STATE, COMP- TROLLER, &c., THEIR ELECTION, &c. ARTICLE — . 1 Section 1. The Secretary of State, Comptroller. Treasurer and Attorney-General shall 2 be chosen at the same general election at which a Governor shall be chosen, and shall 3 hold their oflBces for the same term as the Governor. The Secretary of State, Comp- 4 troller, Treasurer, Attorney-General and State Engineer and Surveyor, elected at the 5 general election, held on the Tuesday succeeding the first Monday of November, one 6 thousand eight hundred and sixty-seven, shall hold Iheir respective offices until and 7 including the thirty-first day of December, one thousand eight hundred and sixty-eight 8 and no longer. 1 Sec. 2. The Treasurer may be suspended from office by the Governor during the recess 2 of the Legislature, and until thirty days after the commencement of the next session of 3 the Legislature, whenever it shall appear to him that such Treasurer has in any particu- 4 lar violated his duty. The Governor shall appoint a competent person to discharge the 5 duties of the office, during such suspension of the Treasurer. 1 Sec. 3. Each of the officers in this Article named, shall, at stated times, during his 2 continuance in office, receive for his services a salary which shall be established by law, 3 and which shall not be increased or diminished during the term for which he shall have 4 been elected ; nor shall he receive, to his use, any fees, costs or perquisites of office, or 6 other compensation. And all fees and other moneys received by any such officer 6 (except his salary), and all costs or allowances of legal proceedings recovered by th^ 7 Attorney-General, shall be accounted for and paid into the State treasury. 1 Sec. 4. The powers and duties of the several officers ia this Article mentioned, shall 2 be such as now are or hereafter may be prescribed by law, not inconsistent with the 3 provisions of this Constitution. [ 16 ] 2 "6 all costs or allowances recovered by the Attorney-Greneral, in legal proceedings, shall be^ 6 paid into the treasury. 1 Sec; 4. The Coniptroller, Treasurer, and Attorney-General shall be the Cora- 2 missioners of the Canal Fund. They shall have power to appoint and remove all officer* 3 entrusted with the ascertainment, collection and safe keeping of the revenues derived 4 from the tolls on the canals of the State, and, with the Superintendent of Public WorkSf 5 shall determine the rates of toll, which shall not, except with the concurrence of th& 6 Legislature, be reduced below those for the year eighteen hundred and sixty-seven^ 7 until the canal debt, so called, shall be paid or provided for. < 1 Sec. 5. The Governor shall nominate to the Senate, and with its consent shall appoint 2 a Superintendent of Public Works, who shall hold oi3fice for five years, and whose salary 8 shall be determined by law. He shall be required by law to give security for the faith- 4 ful execution of his office before entering on the duties thereof He shall be charged 5 with the execution of all laws relating to the repair and navigation of the canals, and 6 of any improvement that may be authorized by law; and he shall make the rules and 7 regulations for the navigation of the canals. He may be suspended from office and 8 removed by the Governor, on the recommendation of the Commissioners of the Canal 9 Fund, for incompetency, neglect of duty, or malfeasance in office ; but no such removal 10 shall be made unless he shall have been served with a copy of the charges against him,. 11 and shall have had an opportunity of being heard in his defense. In case of a vacancy 12 in the office of the Superintendent of Public Works, or of his suspension, removal, or in- 13 ability to serve, from any cause, during the recess of the Senate, the Senior Assistant 14 Superintendent of Public Works shall act in his stead ; but not for a period beyond the 15 end of the session of the Senate next after such vacancy, suspension, removal, or inabil- 16 ity. The Governor, upon the' recommendation of the Superintendent of Public Works, 17 may nominate, and with the consent of the Senate appoint four Assistant Superinten- 18 dents of Public Works, who shall hold their office for five years, at an annual salary to 19 be determined by law. The Assistant Superintendents shall be subject to the control of 20 the Superintendent, and may be removed by him for cause; all other officers except finan- 21 cial and all persons employed in the care and management of the canals shall be appoint- 22 ed by the Superintentl-ent, subject to removal by him. 3 1 Sec. 6. No money shall be appropriated or paid by the State, or out of the canal 2 revenues, for the construction or maintenance of any bridge, except for the use of the 3 State, over any of the completed State canals or feeders, at any point where a bridge 4 was not maintained at the expense of the State prior to the first day of January, eighteen 5 hundred and sixty-seven ; nor for any damages or injury sustained in the navigation or 6 use of any of the canals, or of the feeders or structures connected therewith; nor as 7 extra allowance or compensation to any person for the performance of any contract 8 relating thereto. No claim for damages growing out of the maintenance of the canals, 9 feeders or structures connected therewith, shall be heard or allowed, unless made within 10 two years after it shall arise, but if tlie claimant shall be under legal disability the claim 11 may be made within two years after the removal of the disability. 1 Sec. 7. In all contracts for materials or work upon the canals, no bid shall be 2 rejected for informality until the party or parties making it shall have had notice to 3 correct such informality ; and no alteration of the plan or of any specification shall 4 be made before or after the execution of any contract, except with the consent; of 5 the Commissioners of the Canal Fund and of the Superintendent of Public Works, or 6 a rnajority of them. 1 Sec. 8. There shall be a Court of Claims composed of three Judges - sce. oiEce for, abolished and not to be again created, 4 22 MESSAGE: governor to communicate by, to legislature, 5 4 to communicate objections to bill within ten days', ..............[.][ 5 10 MILITIA : able bodied male citizens, between ages of 18 and 45, to be annually enrolled, 9 1 active, to be known as the National Guard of the State of New York .92 commanders of battalions to appoint their staff officers, !..".' 9 5 commissioned officers, how removed ." 9 a term of office of, Q 4 commissions, expiration of, 9 3 general officers to appoint their staff officers, ........ '. '. '. '. '. '. '. '. '. ' .' .' ." .' ." 9 4 commissions, issued by expiration of, 9 4 legislature may change manner of election of officers, 9 5 governor, commander-in-chief of, .'.'."..'.'.' 5 4 to appoint aids and military secretary, 9 3 governor to appoint chief of staff departments, 9 3 major-generals, how appointed, " * 9 3 National Guard, legislature to provide for officers of, 9 6 officers of, may be commissioned by governor, 9 g officers of companies, how chosen 9 5 officers responsible for militaryproperty or funds of state, to give security, 9 3 officers to be commissioned by the governor, " 9 4 -to be divided into active and reserved forces, 9 2 when in active service officers to be appointed by governor, _ 9 5 who exempt, " 9 2 MINOES: special laws may not be passed relative to real property of, 4 27 MISDEMEANOES: jurisdiction of courts of special sessions confined to offenses of grade of , . . . 6 26 MONEY : not to be paid, when appropriated, unless applied for within two years, .... 3 7 how drawn from treasury, 3 14 ' state may raise by loan to meet casual deficits or failure in revenue, 3 9 not to exceed $1,000,000, 3 9 how applied 3 9 to be repaid within two years, 3 9 to repel invasion or suppress insurrection, 3 10 how applied, , 3 10 MUNICIPAL COEPOEATIONS [see Corporations.] N. NAMES OF PERSONS : may not be changed by special law, 4 27 NATIONAL GUARD [see Militia.] NEW YOEK CITY: court of common pleas in, 6 12 judges, compensation of, 6 14 first election of, 6 24 how chosen, 6 13 may hold special terms of supreme court, 6 12 term of office of, 6 13 vacancies in, how filled, 6 12 j udges, when to enter upon duties, 6 24 judges of court of common pleas, restriction as to age, 6 13 expenses,"how defrayed, 6 14 16 Ko. Sec, NEW YORK CITY— {Ooniinued.) judges, power and jurisdictioa of, 6 12 superior court of city of, 6 12 chief judge to be appointed, 6 12 compensation of judges, .' 6 14 expenses, how defrayed, 6 14 judges of, may be detailed to hold special terms of supreme court, 6 12 vacancies in office of, how filled 6 12 term of office of, 6 13 0. OATH OF OFFICE: form of, 2 1 refusal to take, or swearing falsely, to forfeit office, 2 1 OFFICERS : city and town, when to be elected, 8 6 county, how elected or appointed, 8 2 removal of, other than j udicial, 4 19 militia, how chosen, 9 5 major-generals, &c., 9 3 oath of, 2 1 tenure of office, when not fixed by law or constitution, 4 20 offices for weighing, inspecting, &c., prohibited, 4 22 not to extend to office for protecting health, &c., 4 22 OFFICIAL CORRUPTION : declared a felony, 5 1 P. PARDONS, REPRIEVES AND COMMUTATIONS: governor may grant, 5 7 to report yearly to legislature, ; 5 7 PETITION : right of, not to be abridged 1 10 PLANK AND MACADAMIZED ROADS: abandoned, may be used as highways, 8 3 POLITICAL year; 4 21 PRESIDENT OF SENATE : lieutenant-governor, to have casting vote, 5 8 pro tem. when chosen, 4 8 when to act as governor, 5 8 PRISONS : board of managers to be appointed, 13 1 compensation, 13 1 governor may remove, for cause, 13 3 legislature to limit expenses of board, 13 1 powers and duties of, 13 1 term of office, 13 1 to appoint a secretary, 13 1 warden, cleric, physician and chaplain, 13 2 to have charge of state prisons, 13 1 PRIVATE ROADS: may be opened in manner prescribed by law, 1 7 damages to be found by jury, i 1 7 PROPERTY : for private road, proceedings for taking, 2 7 17 PEOPERTY— ((7on