CORNELL UNIVERSITY LIBRARY GIFT OF Mr. L. A. Fraxer JK3425 ISgT'.As'r™'''' """^ ^imfSZ"A£L«!!?...?*?teo, New Yor oiin 3 1924 032 657 581 tM' liBRAFV-- i^XULATiON DATE DUE y 'ti'teii in '"'"■^'""''''^'"^^'''"'iiiiffLiiiii II J^lftfe-*w^ ""^*'SSs'3 #15i^i 8 hUSBW^ CAVLOHO PRINTED INU.S.A. The original of this book 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/cletails/cu31924032657581 THE CONSTITUTION STATE OF NEW YORK, NOTES, REFERENCES AND ANNOTATIONS, TOGETHER WITH THE ARTICLES OF CONFEDERATION, CONSTITUTION OF THE UNITED STATES, NEW TOBK STATE CONSTITUTIONS OF 1?77, 1821, 1846, UNAMENDED AND AS AMENDED AND IN FORCE IN 1694, WITH AN IN- DEX OF THE REVISED CONSTITUTION AND THE CONSTITUTION OF THE UNITED STATES. EDITED BY ROBERT C. GUMMING, OWEN L. POTTER and FRANK B. GILBERT, ^odksbloss-at-Law and Assistants to the Commissionbes of Statutory Revision. ALBANY : JAMES B. LYON, PUBLISHER. 1894. '? g/ C^ 6^^.. ^ 0-1 PREFACE. This work has been prepared to meet the requirements caused by the adoption of the revised Constitution, at the general elec- tion held November 6, 1894, as proposed by the Constitutional Convention, September 29, 1894, at Albany, N. Y. Many important changes have been made in the fundamental law by this revision. We have endeavored to point out these changes in a brief note at the end of each section, and have referred to the similar provisions of the amended Constitution of 1846, which have been abrogated, superseded or re-enacted by such section. "We have annotated the sections by references to the leading New Tork cases which remain applicable. Eealizing the importance of having at hand all the Constitu- tions, with their several amendments which have been adopted from time to time by the people of the State, in order that the fundamental law of the State at any time in its history may be readily ascertained, we have inserted them in the order of their adoption. TABLE OF CONTENTS. PAGE. Declaration of independence 7 Articles of confederation 11 Constitution of the United States 24 Amendments to Constitution of United States 37 First Constitution of the State of New York 42 Amendments to first Constitution 56 New York State Constitution of 1831 58 Amendments to Constitution of 1821 70 New York State Constitution of 1846, unamended 72 New York State Constitution of 1846, amended 96 New York State qonstitution of 1894 127 Schedule showing sources of sections of the New York State Constitution of 1894 205 Schedule showing disposition of sections of the New York State Constitu- tion of 1846, amended , 208 Index to the Constitution of the United States 213 Index to New York State Constitution of 1894 235 DECLARATION OF INDEPENDENCE. IiM CoTsiGREss, July 4, 1776. THE UNANIMOUS DECLARATION OF THE THIR- TEEN UNITED STATES OF AMERICA. When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God enti- tle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed, by their Creator, with certain unalien- able rights, that among these are life, liberty, and the pursuit of happi- ness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish ii, and to institute new government, laying its foundation on such principles, and organ- izing its powers in such form as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate, that gov- ernments Jong established, should not be changed for light and tran- sient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despot- ism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these Colonies, and such is now the necessity, which constrains them to alter their former systems of government. The history of the present King of Great Britain is a history of re- peated injuries and usurpations, all having in direct object the establish- ment of an absolute tyranny over these States. To prove this, let facts be submitted to a candid world. He has refused his assent to laws, the most wholesome and necessary for the public good. He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent 8 DeolaeatioIt of Independence. should be obtained; and when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature, a right inestimable to them, and for- midable to tyrants only. He has called together legislative bodies at places unusual, uncom- fortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved representative houses repeatedly, for opposing with manly firmness his invasions on the rights of the people. He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise; the State remaining, in the meantime, exposed to all the dangers of invasion from without, and convulsions within. He has endeavored to prevent the population of these States; for that purpose obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migrations hither, and raising the con- ditions of new appropriations of lands. He has obstructed the administration of justice by refusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone, for the tenure of. their oiSces, and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance . He has kept among us, in times of peace, standing armies, without the consent of our legislatures. He has affected to render the military independent of and superior to the civil power. He has conibined with others to subject us to a jurisdiction foreign to our constitution and unacknowledged by our laws; giving his assent to their acts of pretended legislation: For quartering large bodies of armed troops among us: For protecting them, by a mock trial, from punishment for any mur- ders which they should commit on the inhabitants of these States: For cutting off our trade with all parts of the world: For imposing taxes on us without our consent: For depriving us, in many cases, of the benefits of trial by jury: For transporting us beyond seas to be tried for pretended offenses: For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies: For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments: _ For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. _ He has abdicated government here, by declaring us out of his protec- tion and waging war against us. He has plundered our seas, ravaged our coasts, burnt our towns and destroyed the lives of our people. ' Deolaeation of Independence. 9 He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation and tyranny, already begun with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation. He has constrained our fellow- citizens, taken captive on the high seas, to bear ai'ms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers, the merciless Indian sav- ages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions. In every stage of these oppressions we have petitioned for redress in the most humble terms; our repeated petitions have been answered only by repeated injury. A prince whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. Nor have we been wanting in attentions to our British brethren. We have warned them, from time to time, of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred 1,0 disavow these usurpations, which would inevitably interrupt our connections and con-espondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity which denounces our separation, and hold them, as we hold the rest of mankind, enemies in war, in peace friends. We, therefore, the Representatives of the United States of America, in General Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by authority of the good people of these Colonies, solemnly publish and declare. That these United Colonies are, and of right ought to be, -free and independent States; that they are absolved from all allegiance to the British crown, and that all political connexion between them and the State of Great Britain, is and ought to be totally dissolved ; and that as/ree and independent Hates, they have full power to levy war, con- clude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes and our sacred honour. JOHN HANCOCK. Georgia. North Carolina. Button Gwinnett. Wm. Hooper. Lyman Hall. Joseph Hewes. Geo. Walton. John Penn, South CaroliM. Maryland. Edward Rutledge. Samuel Chase. Thos. Heyward, junr. Wm. Paca. Thomas Lynch, junr. Thos. Stone. Arthur Middleton. Charles Carroll of Carrollton. 2 10 Declaration of Indepindencb. Virginia. George Wythe. Richard Henry Lee. Th. Jefferson Benjan. Harrison. Thos. Nelson, Jr. Francis Lightfoot Lee. Carter Braxton. Delaware. Csesar Rodney. Geo. Read. Tho. M'Kean. JVew Jersey. Richd. Stockton. Jno. Witherspoon. Fras. Hopkinson. John Hart. Abra. Clark. J^ennsylvania. Robt. Morris. Benjamin Rush. Benja. Fianklin. John Morton. Geo. clymer. Jas. Smith. Geo. Taylor. James Wilson. Geo. Ross. JVew York. Wm. Floyd. Phil. liivingston. Fran's Lewis Lewis Morris. iVew Sampshire. Josiah Bartlett. Wm. Whipple. Matthew Thornton. Massachusetts Bay. Saml. Adams. John Adams. William lEllery. Robt. Treat Paine. Elbridge Gerry. Connecticut. jRhode Island and Providence, die Step. Hopkins. Roger Sherman. Saml. Huntington. Wm. Williams. Oliver Wolcott. IN CONGRESS, ) Januabt 18, 1777. ) Ordered : That an authenticated copy of the Declaration of Independence, with the names of the Members of Congress subscribing the same, be sent to each of the United fctates, and that they be desired to have the same put on record. By order of Congress. JOHN HANCOCK, IVesident. Attest, Chas. Thomson, Secy. A true copy. John Hancock, Presidt. ARTICLES OF CONFEDERATION OF THE United States of America as accepted and ratified by the State of New York. By an act of the Legislature, passed at the first session thereof, held at Poughkeepsie, in Dutchess County. L. 1778, Chap. III. AN" ACT of Accession to and Approbation of. Certain proposed Articles of Confederation and perpetual Union, between the United States of America, and to authorize the Delegates of the State of New- York to ratify the same on the part and behalf of this State, in the Congress of the said United States. Passed 6th February, 1778. Whebbas, The Freedom, Sovereignty and Independence of the said States which, with a Magr^animitj', Fortitude, Constancy and Love of Liberty, hitherto unparalleled, they have asserted and maintained against their cruel and unrelenting Enemies, the King and Parliament of the Realm of Great Britain, will for their lasting and unshaken Security, in a great measure depend, under God, on a wise, well- concerted, intimate and equal Confederation of the said United States; and whereas, the Honorable the Congress of the said United States have transmitted, for the Consideration of the Legislature of this State, and for their Ratification in case they shall approve of the same, the following Articles of Confederation, to wit: ARTICLES OF CONFEDERATION, &c. TO ALL TO WHOM THESE PBKSHSTS SHALL COME, We, the undersigned, Delegates of the States affixed to our names, send greeting : Whekkas The Delegates of the United States of America in Con" gress assembled did, on the fifteenth day of November, in the year of our Lord one thousand seven hundred and seventy-seven, and in the second year of the independence of America, agree to certain articles 12 Articles of Confedeeation. of confederation and perpetual union between the states of New- Hampshire, Massachusetts Bay, Rhode-Island and Providence Planta- tions, Connecticut, New- York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, Soutk Carolina and Georgia, in the words following, viz. : / Articles of Confederation and perpetual Union between the States of New-Hampshire, Massachusetts Bay, Bhode-Island and Providence Plantations, Connecticut, New- York, New-JerSey, Pennsylvania, Dela- ware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia. Aeticle 1. The style of this confederacy shall be " The United States of America." Abt. 2. Each state retains its sovereignty, freedom and independence, and every power, jurisdiction, and right which is not by this confedera- tion expressly delegated to the United States in Congress assembled. Aet. .3. The said states hereby severally enter into a firm league of friendship with each other for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever. Aet. 4. The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these- states, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, sub- ject to the same duties, impositions, and restrictions as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any state to any other state, of which the owner is an inhabitant; provided also, that no imposition, duties, or restriction, shall be laid by any state on the property of the United States or either of them. If any person guilty of or charged with treason, felony, or other high misdemeanor, in any state, shall flee from justice, and be found in any of the United States, he shall, upon demand of the governor or executive power of the state from which h6 fled, be delivered up, and removed to the state having jurisdiction of his offence. Full faith and credit shall be given in each of these states to the records, acts, and judicial proceedings of the courts and magistrates of every other state. Aet. 5. H'or the more convenient management of the general inter- ests of the United States, delegates shall be annually appointed in such manner as the legislature of each state shall directj to meet in congress on the first Monday in November, in every year, with a power reserved to each state to recall its delegates or any of them, at any time within the year, and to send others in their stead for the remainder of the year. No state shall be represented in congress by less than two nor by more than seven members; and no person shall be capable of being a Aetioles of Oonfedebation. 13 delegate for more than three years ia any term of six years; nor shall apy person, being a delegate, be capable of holding any office under the United States, for which he, or another for his benefit, receives any salary, fees, or emolument of any kind. Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states. In determining questions in the United States in congress assembled each state shall have one vote. * Freedom of speech and debate in congress shall not be impeached or questioned in any court or place out of congress; and the members of congress shall be protected in their persons from arrests and imprison- ments, during the time of their going to and from and attendance on congress, except for treason, felony, or breach of the peace. Art. 6. No state, without the consent of the United States in con- gress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance, or treaty, with any king, prince or state; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state; nor shall the United States in congress assembled, or any of them, grant any title of nobility. No two or more states shall enter into any treaty, confederation, or alliance whatever between them, without the consent of the United States in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue. No state shall lay any imposts or duties, which may interfere with any stipulations in treaties entered into by. the United States in congress assembled, with any king, prince, or state, in pursuance of any treaties already proposed by congress to the courts of France and Spain. No vessels of war shall be kept up in time of peace by any state, except such number only as shall be deemed necessary by the United States in congress assembled for the defence of such state or its trade; nor shall any body of forces be kept up by any state in time of peace, except such number only as, in the judgment of the United States in congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and have constantly ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition, and camp equipage. - No state shall engage in any war without the consent of the United States in congress assembled, unless such state be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of delay till the United States in con- gress assembled can be consulted; nor shall any state grant commissions to any ships or vessels of wary nor letters of marque or reprisal, except it be after a declaration of war by the United States in congress assem- bled, and then only against the kingdom or state, and the subjects thereof, against which war has been so declared, and under such regu- lations as shall be established by the United States in congress assembled, unless such state be infested by pirates, in which case vessels 14 Abtioles of Confbdkeation. of war may be fitted out for that occasion, and kept so long as the ■danger shall continue, or until the United States in congress assembled shall determine otherwise. Art. 1. When land forces are raised by any state for the common defence, all officers of or under the rank of colonel, shall be appointed by the legislature of each state respectively, b} whom such forces shall be raised, or in such manner as such state shall direct; and all vacancies shall be filled up by the state which first made the appointment. Abt. 8. All charges of war, and all other expenses that shall be incurred for the common defence or general welfare, and allowed by the United States in congress assembled, shall be defrayed out of a com- mon treasury, which shall be supplied by the several states in propor- tion to the value of all land within each state granted to or surveyed for any person, as such land and the buildings and improvements thereon shall be estimated, according to such mode as the United States in congress assembled shall from time to time direct and appoint. The taxes for paying that proportion shall be laid and levied by the Authority and direction of the legislatures of the several states, within the time agreed upon by the United States in congress assembled. Art. 9. The United States in congress assembled shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the six1;h article: of sending and receiving ambassadors: entering into treaties and alliances; provided, that no treaty of commerce shall be made whereby the legislative power of the Tespective states shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from pro- hibiting the exportation or importation of any species of goods or ■commodities whatsoever: of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what man- ner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated: of granting letters of marque and reprisal, in times of peace: appointing courts for the trial of piracies and felonies committed on the high seas, and establishing courts for receiving and determining finally appeals in all cases of ■captures; provided, that no member of congress shall be appointed a judge of any of the said courts. The United States in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that here- after may arise between two or more states concerning boundary, juris- diction, or any other cause whatever; which authority shall always be exercised in the manner following: whenever the legislative or execu- tive authority or lawful agent of any state in controversy with another shall present a petition to congress, stating the matter in question, and praying for a hearing, notice thereof shall be given by order of con- gress to the legislative or executive authority of the other state in controvercy, and a day assigned for the appearance of the parties, by their lawful agents, who shall then be directed to appoint by joint consent commissioners or judges to constitute a court for hearing and determining the matter in question; but if they cannot agree congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one the petitioners beginning, until the number shall be reduced to thirteen- and from that number not less than seven nor more than nine names' Aetioleb of Confederation. 15 as congress shall direct, shall, in the presence of congress, be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges, to hear and finally deter- mine the controversy, so always as a major part of the judges, who shall hear the cause, shall agree in the determination; and if either party shall neglect to attend at the day appointed, without showing reasons which congress shall judge sufficient, or being present shall refuse to strike, the congress shall proceed to nominate three persons out of each state, and the secretary of congress shall strike in behalf of such party absent or refusing; and the judgment and sen- tence of the court to be appointed in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear, or defend their claim or cause, the court shall nevertheless proceed to pronounce sen- tence or judgment, which shall in like manner be final and decisive, the judgment or sentence and other proceedings, being in either case transmitted to congress, and lodged among the acts of congress for the security of the parties concerned: provided, that every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the supreme or superior court of the state, where the cau^e shall be tried, " well and truly to hear and determine the mat- ter in question, according to the best of his ju gment, without favor, affection, or hope of reward;" provided also that no state shall be de- prived of territory for the benefit of the United St:ites. All controversies concei-ning the private right of soil, claimed under different grants of two or more states, whose jurisdiction as they may respect such lands and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the congress of the United States, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction be- tween different states. The United States in congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states: fixing the standard of weights and measures throughout the United States: regulat'ng the t-ade and managing all affairs with the Indians not members of any of the states; provided that the legislative right of any state within its own limits be not infringed or violated: establish- ing and regulating post offices from one state to another throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office: appointing all officers of the land forces in the service of the United States, excepting regimental officers: appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States: making rules for the government and regulation of the said land and naval forces, and directing their operations. The United States in congress assembled shall have authority to appoint a committee to sit in the recess of congress, to be denominated "a committee of the states;" and to consist of one delegate from each state, and to appoint such other committees and civil officers as may be 16 Articles of Confedeeation. necessary for managing the general affairs of the United States, under their direction; to appoint one of their number to preside, provided that no person be allowed to serve in the oifice of president more than one year in any term of three years: to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expenses: to borrow money or emit bills on the credit of the United States, trans- mitting every half year to the respective states an account of the sums of money so borrowed or emitted: to build and equip a navy: to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state; which requisition shall be binding, and thereupon the legis- lature of each state shall appoint the regimental officers, raise the men, and clothe, arm, and equip them in a soldier-like manner, at the expense of the United States; and the officers and men so clothed, armed and equipped, shall march to the place appointed, and within the time agreed on by the United States in congress assembled: but if the United States in congress assembled, shall, on consideration of cir- cumstances, judge proper that any state should not raise men or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra num- ber shall be raised, officered, clothed, armed, and equipped, in the same manner as the quota of such state, unless the legislature of such state shall judge that such extra number cannot be safely spared out of the same; in which case they shall raise, officer, clothe, arm, and equip, as many of such extra number as they judge can be safely spared. And the officers and men so clothed, armed and equipped, shall march to the place appointed, and within the time agreed on by the United States in congress assembled. The United States in congress assembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, \ nor ascertain the sums and expenses necessary for the defence and wel- 1 fare of the United States or any of them, nor emit bills, nor borrow 1 money on the credit of the United States, nor appropriate money, nor 1 agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander- in-chief of the army or navy unless nine states assent to the same; nor shall a question on any other point, except for adjourning from day to day, be determined, unless by the votes of a majority of the United States in congress assembled. The congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months; and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each state on any question shall be entered on the journal, when it is desired by any delegate; and the delegates of a state, or any of them, at his or their request, shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the legislatures of the several states. Aeticlbs of Confedeeation. 17 Aet. 10. The committee of the states, or any nine of them, shall be authorized to execute in the recess of congress, such of the powers of congress as the United States in congress assembled, by the consent of nine states, shall, from time to time, think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine states in the congress of the United States assembled is requisite. Art. 11. Canada acceding to this confederation, and joining in the measures of the United States, shall be admitted into, and entitled to, all the advantages of this union; but no other colony shall be admitted into the same unless such admission be agreed to by nine states. "Ari'. 12. All bills of credit emitted, moneys borrowed, and debts / contracted, by or under the authority of congress, before the assem-/ bling of the United States, in pursuance of the present confederation, I shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States and the public faith are hereby solemnly pledged. I Art. 13. Every state shall abide by the determination of the United States in congress assembled, on all questions which, by this confed- eration, are submitted to them. And the articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a congress of the United States, and be afterwards confirmed by the legislature of every state. And whereas it has pleased the Great Governor of the world to incline the hearts of the legislatures we respectfully represent in con- gress, to approve of and to authorize us to ratify the said articles of confederation and perpetual union: Know yb, That we, the under- siqined delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained; and we do further solemnly plight and engage the faith of our respective con- stituents, that they shall abide by the determinations of the United States in congress assembled, on all questions which, by the said con- federation, are submitted to them; and that the articles thereof shall be inviolably observed by the states we respectively represent; and that the union shall be perpetual. In witness whereof, we have hereunto set our hands, in congress. Done at Philadelphia, in the state of Pennsylvania, the ninth day of July, in the year of our Lord one thousand seven hundred and seventy-eight, and in the third year of the independence of America. On the part and behalf of the state of New -Hampshire. Josiah Bartlett, JohnWentworth, Jun., Aug. 8, 1778. On the part and behalf of the state of Massachusetts Jiay. John Hancock, Francis Dana, Samuel Adams, James Lovell, Elbridge Gerry, Samuel Holten. 3 18 Aetiolbs of Confedebation. On the part and in behalf of the state of Rhode-Island and Providence Plantations. "William Ellery, John Collins. Henry Marchant, On the part and behalf of the state of Connecticut. Roger Sherman, Titus Hosmer, Samuel Huntington, Andrew Adams. Oliver Wolcott, On the part and behalf of the state of New- York. Jas. Duane, Wm. Duer, Fra. Lewis, Gouv. Morris. On the part and in behalf of the state of New- Jersey. Jno. Witherspoon, Nat. Scudder, Nov. 26, IT'ZS. On the part and behalf of the state of Pennsylvania. Robt. Morris, William Clingan, Daniel Roberdeau, Joseph Reed, 22d July, 1778. Jona. Bayard Smith, On the part and behalf of the state of Delaware. Tho. M'Kean, Feb. 13, 1779. Nicholas Van Dyke. John Dickinson, May 5th, 1779. On the part and behalf of the state of Maryland. John Hanson, March 1, 1781. Nathaniel Carroll, do. On the part and behalf of the state of Virginia. Richard Henry Lee, Jno. Harvie, John Banister, Francis Lightfoot Lee. Thomas Adams, On the part and behalf of the state of North- Carolina. John Penn, July 21st, 1778. Jno. Williams. Corns. Harnett, On the part and behalf of the state of South- Carolina. Henry Laurens, Richard Hutson, William Henry Drayton, Thos. Heyward, Jun. Jno. Mathews, On the part and behalf of the state of Georgia. Jno. Walton, 24th July, 1778. Edwd. Langworthy. Edwd. Telfair, And whereas the senate and assembly of this state of New York, in legislature convened, have separately taken the said several articles of confederation into their respective, most deliberate and mature con- Aetioles of Confbdeeation. 19 sideration; and by their several and respective resolutions, deliberately made and entered into for the purpose, have fully and entirely approved of the same : In order therefore. That such approval may be published and made known to the whole world, with all the solemnities of law, and that all the subjects of this state, and others inhabiting and residing therein, from time to time, and at all times thereafter, as long as the said con- federation shall subsist and endure, may be bound by, and held to the due observance of the said articles of confederation, as a law of this state, if the same shall be duly ratified by all the said United States in congress assembled. Be it enacted and declared hy the people of the state of New York, represented in Senate and Assembly, and it is hereby enacted and declared by the authority of the same, That the said several above recited articles of confederation, and all and singular the clauses, matters and things in the same contained, be, and the same are hereby fully accepted, received and approved of, for and in behalf of the people of this state. And to the end that the same may, with all due form and solemnity, be ratified and confirmed by this state in congress. Be it further enacted by the authority aforesaid. That the delegates of this state, in the said congress of the United States of America, or any two of the said delegates, shall be, and hereby are fully authorized, empowered and required, wholly, entirely and absolutely, for and in behalf of the people of this state, and in such manner and under such formalities, as shall be determined in congress, to ratify and confirm, all and every of the said above recited articles of confederation, and all and singular the clauses, matters and things in the same contained; and that an exemplification of this act, tested by his excellency the governor, or the lieutenant-governor, or president of the senate of this state, for the time being administering the government, and authenticated with the great seal of this state, shall be full and conclusive evidence of this act. Provided always : That nothing in this act, or the said above recited articles of confed- eration contained, nor any act, matter or thing, to be done and trans- acted by the delegates of this state in congress, in and concerning the premises or any part thereof, shall bind or oblige, or be construed, deemed or esteemed to bind or oblige the government, legislature, people, subjects, inhabitants or residents of this state, until the said above recited articles of confederation shall have been duly ratified and confirmed by, or in behalf of all the said United States in congress assembled; anything herein, or in the said above recited articles of confederation contained to the contrary thereof, in any wise notwithstanding. Note referring to the adoption and ratification of the Articles of Confederacy, as appearing in the Revised Statutes of the United States. [Congress resolved on the 11th day of June, 1776, that a committee should be appointed to prepare and digest the form of a confederation to be entered into between the colonies; and on the day following, 20 Aetioles of 'Confedeeation. after it had been determined that the committee should consist of a member from each colony, the following persons were appointed to perform that duty, to wit : Mr. Bartlett, Mr. S. Adams, Mr. Hopkms, Mr. Sherman, Mr. R. R. Livingston, Mr. Dickinson, Mr. M'Kean, Mr. Stone, Mr. Nelson, Mr. Hewes, Mr. E. Rutledge and Mr. Gwmnet. Upon the report of this committee, the subject was, from time to time, debated, until the 15th of November, 1777, when a copy of the confederation being made out, and sundry amendments made in the diction, without altering the sense, the same was finally agreed to. Congress at the same time directed that the articles should be pro- posed to the legislatures of all the United States, to be considered, and if approved of by them, they were advised to authorize their delegates to ratify the same in the congress of the United States; which being done, the same should become conclusive. Three hun- dred copies of the Articles of Confederation were ordered to be printed for the use of congress; and on the seventeenth of November, the form of a circulnr letter to accompany them was brought in by a committee appointed to prepare it, and, being agreed to, thirteen copies of it were ordered to be made out, to be signed by the President and forwarded to the several states, with copies of the confederation. On the twenty- ninth of November ensuing, a committee of three was appointed to procure a translation of the articles to be made in the French language and to report an address to the inhabitants of Canada . On the 26th of June, 1778, the form of ratification of the Articles of Confederation was adopted, and, it having been engrossed on parchment, it was signed on the ninth of July on the part and in behalf of their respective states, by the delegates of New Hampshire, Massachusetts Bay, Rhode Island and Providence Planta- tions, Connecticut, New York, Pennsylvania, Virginia and South Caro- lina, agreeably to the powers vested in them. The delegates of North Carolina signed on the twenty-first of July, those of Georgia on the twenty-fourth of July, and those of New Jersey on the twenty-sixth of November following. On the 5th of May, 1779, Mr. Dickinson and Mr. Van Dyke signed in behalf of the State of Delaware, Mr. M'Kean having previously signed in February, at which time he pro- duced a power to that effect. Maryland did not ratify until the year 1781. She had instructed her delegates, on the 16th of December, 1778, not to agree to the confederation until matters respecting the western lands should be settled on principles of equity and sound policy; but on the 30th of January, 1781, finding that the enemies of the country took advantage of the circumstances to disseminate opinions of an ultimate dissolution of the union, the legislature of the stale passed an act to empower their delegates to subscribe and ratify the articles, which was accordingly done by Mr. Hanson and Mr. Carroll, on the firdt of March of that year, which completed the ratifications of the act; and congress assembled on the second of March under the new powers. From the circumstance of delegates from the same state having signed the Articles of Confederation at different times, as appears by the dates, it is probable they aflixed their names as they happened to be present in congress, after they had been authorized by their constituents.] SUBSEQUENT ACTS PASSED BY THE New York State Legislature Relating to the Ratifica- tion of the Articles of Confederation. L. 1779, Chap. XXX. A SUPPLEMENTARY ACT, entitled an act of accession to and approbation of certain proposed articles of confederation and perpetual union between the United States of America, and to authorize the delegates of the State of New York to ratify the same on the part and behalf of this State, in the Congress of the said United States. Passed 33d October, 1779. Whereas, In and by a certain act of the legislature of this state of New York, entitled "An act of accession to and approbation of certain proposed articles, of confederation and perpetual union between the United States' of America, and to authorize the delegates of the state of New York to ratify the same on the part and behalf of this state in the congress of the said United States," among other things reciting certain articles of confederation and perpetual union between the states of New Hampshire, Massachusetts Bay, Rhode Island and Providence Planta- tions, Connecticut, New York, New Jersey, Pennsylvania,' Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, transmitted by the honorable congress of the United States of America, for the consideration of the legislatui-e of this state, and for their ratification in case they should approve of the same. It is enacted, That the said several articles of confederation, and all and singular the matters, clauses and things in the same contained, be, and the same are thereby fully accepted, received and approved of, for and in behalf of the people of this state; and to the end that the same might, with all due form and solemnity, be ratified and con- firmed by this state in congress; It is further enacted, That the dele- gates of this state in the said congress of the United States of America, or any two of the said delegates should be, and thereby are fully authorized, empowered and required, wholly, entirely and absolutely, for and in behalf of the people of this state, and in such manner, and under such formalities as shall be determined in congress, to ratify and 22 New Tobk State Laws Kelating to confirm all and every the said articles of confederation, and all and singular the clauses, matters and things therein contained; provided always, that nothing in that act, or the said therein recited articles of confederation contained, nor any act, matter or thing to be done and transacted by the delegates of this state in congress, in and concerning the premises or any part thereof, should bind or oblige, or be con- strued, deemed or esteemed to bind or oblige the government, legis- lature, people, subjects, inhabitants or residents of this state, until the said above recited articles of confederation shall have been ratified and confirmed, by or in behalf of all the said United States in congress assembled, as by the said act relation thereunto being had, may more fully appear. And whereas, It may become essential to the permanent welfare and security of these United States, that the said articles of confederation and perpetual union should be ratifled and carried into effect by such of the said states as have acceded or shall accede thereto, although the same should not receive the immediate approba- tion and sanction of all: Be it therefore enacted by the people of the state of New York represented in senate and assembly, and it is hereby enacted by the authority of the same : That full power and authority shall be, and is hereby granted to the delegates of this state, in the congress of the United States of Amenca, or any three of them; and the said delegates, or any three of them, are hereby accordingly authorized and empowered, for and in behalf of this state, to unite for the final accomplishment of the said confederation and perpetual union, with such and so many of the delegates of the said United States respectively, who may for that purpose be lawfully authorized, as they shall in their wisdom judge proper and competent for mutual defense and per- manent security; and thereupon in such manner and such formalities as maybe deemed expedient, shall ratify and confirm all and every the said articles of confederation and perpetual union. And this state and the inhabitants and residents within the same shall at all times thereafter be bound by, and held to, the due observance of the said articles, and every clause thereof, as long as the said confederation shall subsist and endure; any thing in the said recited act of the legis- lature of this state, or in the said articles of confederation to the contrary notwithstanding. L. 1785, Chap. LXIII. KE ACT acceding to the recommendation of Congress on the 18th of April, 1783, relative to the eighth Article of Confede- ration and perpetual union of the United States of America. Passed 9th AprU, 1785. Section 1. Be it enacted by the People of the State of JVew York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same : That so much of the eighth of the articles of confederation and per- petual union between the thirteen states of America, as is contained in the words following, to wit: "All charges of war and all other " expenses that shall be incurred for the common defense or general Abtioles of Confedeeation. 23 " welfare, and allowed by the United States in congress assembled, " shall be defrayed out of a common treasury, which shall be supplied " by the several states in proportion to the value of all land within " each state, granted to or surveyed for any person as such lands and " the buildings and improvements thereon, shall be estimated accord- "ing to such mode as the United States in congress assembled, shall " from time to time direct and appoint," shall be and the sa i t hereby revoked and m^de void, so far as the same extended to this state. § 2. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the delegates for the time being, represent- ing this state in the congress of the United States, or any three of them, and they are hereby required to subscribe and ratify the follow- ing, as part of the said instrument of union, and in place of the part revoked and made void as aforesaid, to wit: " That all charges of war, " and all other expenses that have been or shall be incurred for the " common defense or general welfare, and allowed by the United " States in congress assembled, except so far as shall be otherwise " provided for, shall be defrayed out of a common treasury, which " shall be supplied by the several states in proportion to the whole " number of white and other free citizens and inhabitants of every age, " sex and condition, including those bound to servitude for a term of " years, and three-fifths of all other persons not comprehended in the " foregoing description, except Indians, not paying taxes in each " state;" which said alteration, when so subscribed and ratified, shall be deemed and held to be as suifioient and valid for the purposes therein mentioned, as the part hereinbefore revoked and made void, was or ought to have been before the revocation and disannulling thereof. CO NSTITUT lO N OF THE UNITED STATES OF AMERICA. [The head-notes to sections and clauses are no part of the Constitution.] Preamble, We, the people of the United States, in order to_ form a more perfect union, establish justice, ensure domestic tranquillity, pro- vide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America : . ARTICLE I. Section 1. 1. Vestment of legislative powers. — All legislative powers, herein granted, shall be vested in a congress of the United States, which shall consist of a senate and house of representatives. Section 2. 1. House of representatives ; CLuali£lcation of electors. — The house of representatives shall be composed of members chosen every second year by the people of the several states ; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. 2. aualifications of representative. — No person shall be a representa- tive who shall not have attained to the age of twenty-fiVe years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. 3. Representatives and taxes, liow apportioned; census; numljer of representatives.*— [Representatives and direct taxes shall be appor- tioned among the several states which may be included within this Union, according to their respective numbers ; which shall be deter- mined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed * The clause included in brackets is in effect amended by the fourteenth amendment second section, post. ' Constitution ob' the United States. 25 three-fifths of all other persons.] The actual enumeration shall be made within three years after the first meeting of the congrefs of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative ; and until such enumeration shall be made, the state of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five. New York six. New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten. North Carolina five, South Carolina five, and Georgia three. 4. Vacancies. — When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. 5. Speaker and officers ; impeachment. — The house of I'epresentatives shall choose their speaker and other officers ; and shall have the sole power of impeachment. Section 3. 1. Senate. — The senate of the United States shall be composed of two senators from each state chosen by the legislature thereof, for six years; and each senator shall have one vote. 2. Division into classes; vacancies.— Immediately after they shall be assembled, in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen, by resignation or other- wise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then till such vacancies. 3. Q,ualifications of senator. — No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citi- zen of the United States, and who shall not, when elected, be an inhab- itant of that state for which he shall be chosen. 4. President of the senate. — The vice-president of the United States shall be president of the senate, but shall have no vote unless they be equally divided. 5. Officers of the senate.— The senate shall choose their other officers, and also a president jjj-o tempore, in the absence of the vice-president, or when he shall exercise the office of president of the United States. 6. Trial of impeachments. — The senate shall have the sole power to try all impeachments When sitting for that purpose, tliey shall be on oath or affirmation. When the presifient of the United States is tried, the chief justice shall preside; and no person shall be convicted with- out the concurrence of two-thirds of the members present. 7. Judgment in cases of impeachment. — Judgment, in cases of impeach- ment, shall not extend further than to removal from office, and dis- qualification to hold and enjoy any office of honor, trust or profit, under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. 26 Constitution of the United States. Section 4. 1. Times, etc., of election of representatives and senators. — The times, places and manner of holding elections for senators and represHntatives shall be prescribed in each state by the legislature thereof; but the con- gress may, at any time, by la.w, make' or alter such regulations, except as to the places of choosing senators. 2. Annual session of congress.— The congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day. Section 5. 1. Membership ; quorum; absent members.^Each house shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall oonstituie a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each house may provide. 2. Rules ; punishment of members. — Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. 3. Journals ; yeas and nays.— Each house shall keep a journal of its proceedings, and, from time to time, publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of ooe-fifth of those present, be entered on the journal. 4. Adjournments.— Neither house, during the session of congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Section 6, 1 . Compensation; privileges.— The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of.the United States. They shall, in all oases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place. 2. Members not to hold certain offices . — No senator or representative shall, during the time for which he was elected, be appointed to any civil ofiice under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office. SficnoN Y. 1. Revenue bills.- All bills for raising revenue shall originate in the house of representatives; but the senate may propose or concur with, amendments as on other bills. 2. Bills presented to president; approval; passage without approval- if not returned within ten days.- Every bill, which shall have passed Constitution of the TJnited^^States. 97 the house of representatives and the senate, shall, before it becomes a law, be presented to the president of the United States; if he approve he shall sign it, but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections, at large, on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all oases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the congress by their adjournment prevent its return, in which case it shall not be a law. 3. Concurrent resolutions, etc., to be approved, by president. — Every order, resolution or vote to which the concurrence of the senate and house of representatives may be necessary (except on a question of adjournment) shall be presented to the president of the United States; and before the same shall take effect, shall be approved by him; or being disapproved by him, shall be re passed by two-thirds of the senate and house of representatives, according to the rules and limita- tions prescribed in the case of a bill. Section 8. Powers of congress, — The congress shall have power: 1. To lay and collect taxes, duties, imposts and excises; to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States; 2. To borrow money on the credit of the United States; 3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; 4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States; &. To coin money, regulate the value thereof, and of foreign coin; and fix the standard of weights and measures; 6. To provide for the punishment of counterfeiting the securities and current coin of the United States; I. To establish post-offices and post-roads'; 8. To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries; ' 9. To constitute tribunals inferior to the supreme court; 10. To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations; II. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; 12. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; 28 CONSTITPTION OF THE UnITED StATES. 13. To provide and maintain a navy; 14. To make rules for the government and regulation of the land and naval forces; 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions; 16. To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the ser- vice of the United States, reserving to the states, respectively, the appomtment of the officers, and the authority of training the militia, according to the discipline prescribed by congress; 17. To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states and the acceptance of congress, become the seat of government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state, in which the same shall be, for the erection of forts, magazines, arsenals, dockyards and other needful buildings; and 1 8. To make all laws which shall be necessary and proper for carry- ing into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof. Section 9. 1. Slave trade. — The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the congress prior to the year one thousand eight hundred and eight; but a tax on duty may be imposed on such impor- tation, not exceeding ten dollars for each person. 2. Habeas corpus.— The privilege of the writ of haehas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require, it. 3. Ex post facto law.— No bill of attainder or ex post facto law shall be passed. 4. Direct taxes. — No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. 5. State exports.— No tax or duty shall be laid on articles exported from any state. No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties in another. 6. Appropriations; statement and account. — No money shall be drawn from the treasury, but m consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. 7. Titles of nobility and presents from foreign state, etc.— No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them shall, without the consent of the congress, accept any present, emolument, office or title of any kind whatever, from any king, prince, or foreign state. CoNSTiT0TroN OP THE TJnited States. 29 Section 10. 1. Powers forbidden to individual states. — No state shall enter into any treaty, alliance, or confederation; grant letters of marqne and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility. 2. Powers forbidden to individual states except by consent of congress.— No state shall, without the consent of the congress, lay any imposts, or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by an^^ state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the congress. No state shall, without the consent of congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreemerit or compact with another state or with a foreign power, or engage in war, unless actually invaded or in such imminent danger as will not admit of delay. ARTICLE II, Section 1. 1. President and vice-president. — The executive power shall be vested in a president of the United States of America. He shall hold his office during the term of four years, and together with the vice- president, chosen for the same term, be elected as follows: 2. Election — Each state shall appoint, in such manner as the legis- . lature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the state may be entitled in the congress; but no senator or representative, or person holding an office of trust or profit under the United States shall be appointed an elector. *3. [The electors shall meet in their respective states and vote by ballot for two persons, of whom one, at least, shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each, which list they shall sign and certify and transmit sealed to the seat of the govern- ment of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall than be counted. '1 he per.-on having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the house of representatives shall immediately choose, by ballot, one of them for president; and if no person have a majority, then from the five highest on the list, the said house shall, in like manner, choose the president. But in choosing the president the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a * This clause has lieen supereeded by the twelfth amendment, post. 30 CONSTITOTION OF THE TJnITED StATBS. member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the president, the person having the greatest number of votes of the electors shall be the vice-president. But if there should remain two or more who have equal votes, the senate shall choose from them, by ballot, the vice-president.] 4. Time of choosing electors.— The congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States. 5. aualifications of president.— No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. 6. Vice-president to serve in case of vacancy.— In case of the removal of the president from office, or of his death, resignation or inability to difcharge the powers and duties of the said office, the same shall devolve on the vice-president; and the congress may, by law, provide for the case of removal, death, resignation or inability, both of the president and vice-president, declaring what officer shall then act as president; and such officer shall act accordingly until the disability be removed, or a president shall be elected. 7. Compensation.— The president shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not receive, within that period, any other emolument from the United States, or any of them. 8. Oath of o£B.ce.— Before he enter on the execution of his office, he . shall take the following oath or affirmation : " I do solemnly swear (or affirm) that I w ill faithfully execute the office of president of the United States, and will, to the best of my ability, preserve, protect and defend the constitution of the United States." SacTiON 2. 1. General powers of president. — The president shall be commander- in-chief of the army and navy of the United States, and the militia of the several states, when called into the actual service of the United States; he may require the opinion in writing of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. 2. Treaties ; nominations — He shall have power by and with the advice and consent of the senate to make treaties, provided two-thirds of the senators present concur; and he shall nominate and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law. But CONSTITTTTION 0¥ THE UnITED StATES. 31 the congress may, by law, vest the appointment of such inferior officers as they think proper in the president alone, in the courts of law or in the heads of departments. ' 3. President to fill vacancies. — The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions, which shall expire at the end of their next session. Section 3. 1. Message ; extraordinary sessions ; adjournment of congress ; receive ambassadors; commission ofBcers.— He shall, from time to time, give to the congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. He may, on extraordinary occasions, convene both houses or either of them; and in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed; and shall commission all the officers of the United States. Section 4. 1. Removal on impeachment.— The president, vice-president and all civil officers of the United States shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors. ARTICLE in. Section 1. 1. Judiciary ; tenure ; compensation.— The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior; and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. Section 2. 1. Powers of judiciary.— The judicial power shall extend to all cases in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made under_ their authority; to all cases affecting ambassadors or other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to contro- versies between two or more states; between a state and citizens of another state; between citizens of different states; between cidzens of the same state, claiming lands under grants of different states; and between a state, or the citizens thereof, and foreign states, citizens or subjects. 32 Constitution of thf. United States. 2. Jurisdiction of supreme court.— In all cases affectino- ambassadors, other public ministers and consuls, and those in which a state shall, be a party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court yhall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the congress shall make. 3. Trial by jury; place of trial.— The trial of all crimes, except in cases of impeachment, shall be by jury; and such trials shall be held in the state where thci said crimes shall have been committed; but when not committed within any state the trial shall be at such place or places as the congress may by law have directed. Section 3. 1. Treason.— Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. 2. Punish.ment of treason. — The congress shall have power to declare the punishment of treason, but no attainder of treason shall work cor- ruption of blood or forfeiture, except during the life of the person attainted. AETICLE IV. Skction 1. 1. Public acts, records and judicial proceedings of states. — Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state. And the congress nray, by general laws, prescribe the manner in which such acts, records and proceedings shall be proved and the effect thereof. Section 2. r 1. Privileges of citizens.— The citizers of each state shall be entitled to all privileges and immunities of citizens in the several states. 2. Fugitives from justice.— A person charged in any state, with treason, felony, or other crime, who shall flee from justice and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. 3. Fugitives from labor.— No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in conse- quence of any law or regulation therein, be discharged from such serv- ice or labor, but shall be delivered up, on claim of the party to whom such service or labor may be due. Section 3. 1. New states.— New states may be admitted by the congress into- this Union, but no new state shall be formed or erected within the jurisdiction of any other state, nor any state be formed by the junction , Constitution of the United States. 33 of two or mc?e states or patts of states, without the consent of the legislatures of the states concerned as well as of the congress. 3. Territories. — The congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United iStates ; and nothing in this constitu- tion shall be so construed as to prejudice any claims of the United States, or of any particular state. Section 4. 1. Kepublicau form of government ; protection of states. — The United States shall guarantee to every state in this Union a republican form of government, and shall protect each of them against invasion; and, on application of the legislature, or of the executive (when the legis- lature cannot be convened), against domestic violence. ARTICLE V. 1. Amendments to constitution.— The congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution; or, on the application of the legislatures of two- thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and pur- poses, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article: and that no state, without its consent, shall be deprived of its equal suffrage in the senate. ARTICLE VI. 1. Debts under the confederation.— All debts contracted and engage- ments entered into before the adoption of this constitution shall be as valid against the United States, under this constitution, as under the confederation. 2. Supreme law. — This constitution and the laws of the United States, which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. 3. Oath of office ; no religious test.— The senators and representa- tives before mentioned, and the members of the several state legisla- tures, and all executive and -judicial oflBcers both of the United States and of the several states, shall be bound by oath or affirmation to sup- port this constitution; but no religious test shall ever be required as a qualification to any oflBce or.public trust under the United States. 5 34 Constitution of the TJnited States. ARTICLE VII. 1. Ratification.— The ratification of the conventions of nine states ehall be sufScient for the establishment of this constitution between the etates so ratifying the same. Done in convention, by the unanimous consent of the states present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America the twelfth. In witness whereof, we have hereunto subscribed our names. GEORGE WASHINGTON, President, and Deputy from Virginia, Nbw Hampshire. John Langdon, Nicholas Gilman. Massachusetts. Nathaniel Gorham, Bufiis King. Connecticut. Wm. Saml. Johnson, Roger Sherman. New Yoek. Alexander Hamilton. Nbw Jeeset. Wil. Livingston, David Brearley, Wm. Paterson, Jona. Dayton. Pennsylvania. B. Franklin, Thomas Miflin, Robt. Morris, Geo. Clymer, Thos. Fitzsimmons, Jared Ingersol, James Wilson, Gouv. Morris. Delaware. Geo. Read, Gunning Bedford, Jr., John Dickinson, Richard Basset, Jaco. Broom. Maryland. James McHenry, Dan. of St. Thos. Jenifer, Danl. Carroll. ViKGISIA. John Blair, James Madison, Jr. North Carolina. Wm. Blount, Rich'd Dobbs Spaight, Hu. Williamson. South Carolina. J. Rutledge, Charles Cotesworth Pinckney, Charlrs Pinckney, Pierce Butler. ' Georgia. William Pew, Abr. Baldwin. Attest : WILLIAM JACKSON, Secretary. OOSSTITCTION OF THE UnITED StATES. 35 Note Referring to the Adoption and Ratification of the Consti- tution of the United States. In May, 1785, a committee of congress made a report recommending an alteration in the articles of confederation, but no action was taken on it, and it was left to the state legislatures to proceed in the matter. In January, 1786, the legislature of Virginia passed a resolution pro- viding for the appointment of five commissioners, who, or any three of them, should meet such commissioners as might be appointed by the other states of the Union, at a time and place to be agreed upon, to take into consideration the trade of the United States ; consider how far a uniform system in their commercial regulations might be necessary to their common interest and their permanent har- mony; and to report to the several states such an act, relative to this great object, as, when ratified by them, would enable the United States in congress effectually to provide for the same. The Virginia commissioners, after some correspondence, fixed the first Monday in September as the time, and the city of Annapolis as the place for the meeting, but only four other states were repre- sented; Delaware, New York, New Jersey and Pennsylvania; the com- missioners appointed by Massachusetts, New Hampshire, North Caro- lina and Rhode Island failed to attend. Under the circumstances of so partial a representation, the commissioners present agreed upon a report, drawn by Alexander Hamilton, expressing their unanimous conviction that it might essentially tend to advance the interests of the Union, if the states by which they were respectively delegated would concur and use t heir endeavors to procure the concurrence of the other states, in the appointment of commissioners to meet at Philadelphia on the second Monday of May following, to take into consideration the situation of the United States; to devise such further provisions as should appear to them necessary to render the constitution of the federal government adequate to the exigencies of the Union; and to report such an act for that purpose to the United States in congress assembled as, when agreed to by them and afterwards confirmed by the legislatures of every state, would effectually provide for the same. Congress, on the 21st day of February, 1787, adopted a resolu- tion in favor of a convention, and the legislatures of those states which had not alrea-ly done so, with the exception of Rhode Island, promptly appointed delegates. On the twenty-fifth of May, seven states having convened, George Washington of Virginia was unanimously elected president, and the consideration of the proposed constitution was com- menced. On the 17th of September, 1787, the constitution as engrossed and agreed upon was signed by all the members present except Mr. Gerry of Massachusetts and Messrs. Mason and Randolph of Virginia. The president of the convention transmitted it to congress, with a resolution stating how the proposed federal government should be put in operation, and an explanatory letter. Congress, on the 28th of Sep- tember, 1787, directed the constitution so framed, with the resolutions and letter concerning the same, to be " transmitted to the several legis- latures, in order to be submitted to a convention of delegates chosen in each state by the people thereof, in conformity to the resolves of the 36 CONSTIT0TION OF THE UnITED StATES. The following extract from the journals of congress show the adop- tion of the constitution and the time when it took effect: IN CONGRESS, V ISatuedat, September 13, 1788. f On the question to agree to the following proposition, it was resolved in the affirmative, by the unanimous votes of nine states, viz., of New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Penn- sylvania, Virginia, South Carolina and Georgia. Whebeas, The convention assembled in Philadelphia, pursuant to the resolution of congress of the 21st of February, 1787, did, on the seventeenth of September, in the same year, report to the United States in congress assembled, a constitution for the people of the United States; whereupon congress, on the twenty-eighth of the same Septem- ber, did resolve unanimously, " that the said report, with the resolutions and letter accompanying the same, be transmitted to the several legis- latures, in order to be submitted to a convention of delegates chosen in each state by the people thereof, in conformity to the resolves of the convention made and provided in that case; " and whereas the constitu- tion so reported by the convention, and by congress transmitted to the several legislatures, has been ratified in the manner therein declared to be sufficient for the establishment of the same, and such ratifications duly authenticated have been received by congress, and are filed in the office of the secretary; therefore, Resolved, That the first Wednesday in January next be the day for appointing electors in the several states, which before the said day shall have ratified the said constitution; that the first Wednesday in February next be the day for the electors to assemble in their respect- ive states, and vote for a president; and that the first Wednesday in March next be the time, and the present seat of congress the place, for commencing proceedings under the said constitution. The constitution was ratified by the conventions of the several states, as follows: By Delaware on the 7th December, 1787. " Pennsylvania'on the 12th December, 1787. " New Jersey on the 18th December, 1787. " Georgia on the 2d January, 1788. " Connecticut on the 9th January, 1788. " Massachusetts on the 6th February, 1788. " Maryland on the 28th April, 1788. " South Carolina on the 23d May, 1788. " New Hampshire on the 21st June, 1788. " Virginia on the 26th June, 1788. " New York on the 26th July, 1788. " North Carolina on the 21st November, 1789. " Rhode Island on the 29th May, 1790. Amendments to the Constitution of the United States. The following ten amendments to the constitution were proposed by the first congress of the United States to the legislatures of the several states on the 25th of September, 1789. _ The following preamble and resolution preceded the original propo- sition of the amendments. Chancellor Walworth, speaking of these amendments (Livingston v. Mayor of New York, 8 Wendell, 100), says: " I have formerly had occasion to examine the question how far these amendments to the constitution were restrictive upon the power of the individual states; and the conclusion at which I arrived was, that all the amendments adopted by congress at its first session, and afterwards sanctioned by the requisite nuniber of states, were intended to be restrictive upon the government of the United States and upon its officers exclusively. The preamble which was prefixed to these amend- ments, as adopted by congress, is important to show in what light that body considered them." We have, therefore, inserted such preamble, CONGRESS OF THE UNITED SPATES, Begun and held at the city of Neiy York on Wednesday the 4th of March, 1789. The convention of a number of states having, at the lime of their adopting: the constitution, expressed a desire, in order to prevent miHconsructlon or abuse of its powers, that further declaratory and restrictive clauses should be added; and as extending the ground of public confllence In the government, will best insure the beneficent ends of its institution. Resolved^ By the senate and house of representatives of the United States of America in congress assembled, two-thirds of both houses concurring, that the following articles be pro- posed to the legislatures of the several states as amendments to the constitution of the United States; all or any of which articles, when ratified by three-fourths of the said legislatures, to be valid to all intents and purposes, as part of the said constitution, namely: ARTICLE L 1. Freedom of religion, speecli and.press; right of petition. — Congress shall make no law respecting an establishment of religion, or prohibit- ing the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to peti- tion the government for a redress of grievances. ARTICLE IL' 1- Kight of arms. — A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. ARTICLE III. 1. Quartering of troops. — No soldier shall in time of peace be quarto tered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law. 38 Constitution of the IJNiTiD States. ARTICLE IV. 1. Searches and seizures regulated.— The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or aiErmatior, and particu- larly describing the place to be searched and the persons or things to be seized. ARTICLE V. 1. Trials for crimes; twice in jeopardy; private property for public use.— No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use without just compensation. ARTICLE VI. 1. Bights of accused in criminal cases.— In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense. ARTICLE^ VII. 1. Trial by jury in civil cases. — In suits at common law where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. ' ^ ARTICLE VIIL 1. Excessive bail.— Excessive bail shall not be required, nor excess- ive fines imposed, nor cruel and unusual punishments inflicted. ARTICLE IX. 1. Reserved rights.— The enumt ration, in the constitution, of cer- tain rights shall not be construed to deny or disparage others retained by the people. OONSTITDTION OF THE TJkITBD StATKS. 39 ARTICLE X. 1. Powers reserved by states.— The powers not delegated to the United States by the constitution, nor prohibited by it to the states,- are reserved to the states, respectively, or to the people. [The foregoing ten amendments were ratified as follows: By New Jersey, 20th November, 1789. " Maryland, 19th December, 1789. " North Carolina, 22J December, 1789. " South Carolina, 19th January, 1790. " New Hampshire, 25th January, 1790. " Delaware, 28th January, 1790. " Pennsylvania, 10th March, 1790. " New York, 27th March, 1790. " Rhode Island, 15th June, 1790. " Vermont, 3d November, 1791. " Virginia, 16th December, 1791.] ARTICLE XL 1. Limitation of judicial power. — The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against ore of the United States by citizens of another state, or by citizens or subjects of any foreign state. [The eleventh amendment was proposed to the legislatures of the several states by the third congress on the 5th of September, 1794, and was declared by the president to have been ratified by the legislatures of three-fourths the states, in a message to congress, dated January 8, 1798.] ARTICLE XIL 1. Election of president and vice-president toy electors; of president by house of representatives ; of vice-president toy senate. — The electors shall meet in their respective states, and vote, by ballot, for president and vice-president, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice-president ; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate; the president of the senate shall, in the presence of the senate and house of representatives, open all certificates, and the votes shall then be counted ; the person' having the greatest number of votes for president shall be the presi- dent, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those 40 Constitution of the United States. voted for as president, the house of representatives shall choose, immediately by ballot, the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representa- tives shall not choose a president whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as president as in the case of the death or other constitutional disability of the president. The person having the greatest number of votes as vice-president shall be the vice-presi- dent, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice-president; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of president shall be eligible to that of vice president of the United States. [The twelfth amendment of the constitution was proposed to the legislatures of the several states by the eighth congress, on the 12th of December, 1803, in lieu of the original third paragraph of the first section of the second article; and was declared to have been ratified by the legislatures of three-fourths of the states in a proclamation of the secretary of state, dated September 25, 1804. ARTICLE Xlir. Section 1. Slavery abolished. — Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. § 2. Enforcement. — Congress shall have power to en:^orce this article by appropriate legislation. [The thirteenth amendment was proposed by congress, February 1, 1865, and was declared ratified by twenty-seven of the thirty-six states, in a proclamation of the secretary of state, dated December 18, 1865.] ARTICLE XIV. SEOriON 1. Citizens; no state to abridge privileges. — All persons born or naturalized in the United States, and subject to the jurisdic- tion thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its juris- diction the equal protection of the laws. § 2. Apportionment of representatives among states.— Representa- tives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each CONSTITDT.ON OF THE TJnITED StATES. il State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for president and vice-president of the^ United States, representatives in congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of repre- sentation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state. §3. Disability to liold office in certain cases. — No person shall be a senator or representative in congress, or elector of president and vice- president, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the constitution of the- United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But congress may, by a vote of two-thirds of each house, remove such disabil ty. § 1. Validity of public debt.— The validity of the public debt of tTie United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave, but all such debts, obligations and claims shall be held illegal and void. § 5. Enforcement of article.— The congress shall have power to enforce, by appropriate legislation, the provisions of this article. [The fourteenth amendment was proposed by the legislatures of the several states, by the thirty-ninth congress, on the l^tll of lune, 1866. Pursuant to a concurrent resolution of cong^e^8 adopted July 21, 1868, the secretary of state issued a proclamation dated July 28, 1868, declar- ing that such amendment had been ratified by tliirty of the thirty-six states, and was a part of the constitution.] ARTICLE XV. Skction 1. Biiglit to vote not abridged on account of color. — The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state, on account of race, oolor, or previous condition of servitude. § 2. Enforcement.— The congress shall have power to enforce this article by appropriate legislation. [The fifteenth amendment was proposed by the fortieth congress on the 27th of February, 1669, and was declared to have been ratified by twenty-nine of the thirty-seven states, in a proclamation of the secre- tary of state, dated March 30, 1870.] 6 Constitutions of the State of New York. The First Constitution of the State of New York. In Cdnvention of the Repeksentatives of the State of New Yoek. Kingston, 20th April, 1111. Whereas, The many tyrannical and oppressive usurpations of the king and parliament of Great Britain, on the rights and liberties of the people of the American colonies, had reduced them to the necessity of intn ducing a government by congresses and committees, as tem- porary expedients, and to exist no longer than the grievances of the people should remain without redress AvD WHEREAS, The congress of the colony of New York did, on the thirty-first day of May, now last past, resolve as follows, viz.: " Whereas the present government of this colony, by congress and committees, was instituted while the former government, under the crown of Great Britain, existed in full force; and was established for the sole purpose of opposing the usurpation of the British parliament, and was intended to expire on a reconciliation with Great Britain, which it was then apprehended would soon take place, but is now con- sidered as remote and uncertain "And whereas many and great inconveniences attend the said mode of government by congress and committees, as of necessity, in many instances, legislative, judicial and executive powers have been vested therein, especially since the dissolution of the former government, by the abdication of the late governor, and the exclusion of this colony from the protection of the king of Great Britain. "And whereas the continental congress did resolve as followeth, to wit: " ' Wher. as his Britannic majesty, in conjunction with the lords and commons of Great Britain, has, by a late act of parliament, excluded the inhabitants of these united colonies from the protection of his crown. And whereas, no answers whatever to the humble petition of the colonies for redress of grievancrs and reconciliation with Great Britain has been, or is likely to be, given, but the whole force of that kingdom, aided by foreign mercenaries, is to be exerted for the destruc- tion of the good people of these colonies. And whereas it appears absolutely irreconcilable to reason and good conscience, for the people of these colonies, now to take the oaths and affirmations necessary for the support of any government under the crown of Great Britain, and it is necessary that the exercise of every kind of authority under the said crown, should be totally suppressed, and all the powers of govern- ment exerted under the authority of the people of the colonies, for the New "York State Constitution of 1777. 43 preservation of internal peace, virtue and good order, as well as for the defense of our lives, liberties, and properties, against the hostile invasions and cruel depredations of our enemies: "'Therefore, " ' ^esulved, That it be recommended to the respective assemblies and conventions of the united colonies, where no government sufficient to the exigencies of their affairs has been hitherto established, to adopt such government as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general.' _" And whereas doubts have arisen, whether this congress are invested with sufficient power and authority to deliberate and determine on so important a subject as the necessity of erecting and constituting a new form of government and internal police, to the exclusion of all foreign jurisdiction, dominion and control whatever. And whereas it apper- tains of right solely to the people of this colony to determine the said doubts: therefore, " Jiesolved, l^hat it be recommended to the electors in the several counties in this colony, by election in the manner and form prescribed for the election of the present congress, either to authorize (in addition to the powers vested in this congress) their present deputies, or others in the stead of their present deputies, or either of them, to take into consideration the necessity and propriety of instituting such new gov- ernment as in and by said resolution of the continental congress is described and recommended: And if the majority of the counties, by their deputies in provincial congress, shall be of opinion that such new government ought to be instituted and established, then to institute and establish such a government as they shall deem bett calculated to secure the rights, liberties, and happiness of the good people of this colony: and to continue in force until a future peace with Great Britain shall render the same unnecessary: And, "Resolved, That the said elections in the several counties ought to be had on ^uch day, and at such place or places, as by the committee of each county respectively shall be determined. And it is recom- mended to the said committees, to fix such early days for the said elections, as that all the deputies to be elected have sufficient time to repair to the city of New York by the second Monday in July next; on which day all the said deputies ought punctually to give their attendance. "And whereas the object of the foregoing resolutions is of the utmost importance to the good people of this colony. "Jiesolved, That it be, and it is hereby earnestly recommended to the committees, freeholders and other "electors in the different counties in this colony, diligently to carry the same into execution." A^D WHKEBAS, The good people of the said colony, in pursuance of the said resolution, and reposing special trust and confidence in the members of this convention, have appointed, authorized and empowered them for the'purposes, and in the manner, and with the powers in and by the said resolve speciHed,-declared and mentioned. And whkkbas, The delegates of the United American States, in general congress convened, did on the fourth da,y of .) uly now last past, solemnly publish and declare, in the words following, viz. : 44 ISTew York State Constitution of 1777. " When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. " We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are, life, liberty and the pursuit of happi- ness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of those ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organ- izing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate, that govern- ments long established should not be changed for light and transient causes, and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right them- selves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is the ir duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter their former system of government. The history of the present king of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world. " He has refused his assent to laws the most wholesome and necessary for the public good. "He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and when so suspended, he has utterly neglected to attend to them. " He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature; a right inestimable to them, and formidable to tyrants only. " He has called together legislative bodies at places unusual, uncom- fortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into a compliance with his measures. _" He has dissolved representative houses repeatedly, for opposing with manly firmness his invasions on the rights of the people. " He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the legislative powers, incapable of anni- hilation, have returned to the people at large, for their exercise; the state remaining in the meantime exposed to all the dangers of invasion from without, and convulsions within. " He has endeavored to prevent the population of these states; for that purpose obstructing the laws for the naturalization of foreigners; !N"ew York State Constitution of 1777. 45 refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands. " He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers. " He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries. " He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance. " He has kept among us, in times of peace, standing armies, without the consent of our legislatures. " He has affected to render the military independent of, and superior to, the civil power. " He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his assent to their acts of pretended legislation — " For quartering large bodies of troops among us : " For protecting them by a mock trial, from punishment for any mur- ders they should commit on the inhabitants of these states: " For cutting off our trade with all parts of the world: "For imposing taxes on us, without our consent: " For depriving us, in many cases, of the benefits of trial by jury: " For transporting us beyond seas, to be tried for pretended offenses: " For abolishing the free system of English- laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies: '• For taking away our charters, abolishing cur most valuable laws, and altering fundamentally the forms of our governments: " For suspending our own legislatures, and declaring themselves invested with power, to legislate for us in all cases whatsoever. " He has abdicated government here, by declaring us out of his pro- tection, and waging war against us. " He has plundered our seas, ravaged our eoasts, burnt our towns, and destroyed the lives of our people. " He is at this time transporting large armies of foreign mercenaries, to complete the works of death, desolation, and tyranny, already begun with circumstances of cruelty and perfidy, scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation. " He has constrained our fellow-citizens, taken captive on the' high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands. " He has excited domestic insurrections amongst us, and has endeav- ored to bring on the inhabitants of our frontiers, the merciless Indian savages, whose known rule of warfare is an undistinguished destruc- tion of all ages, sexes and conditions. " In every stage of these oppressions, we have petitioned for redress, in the most humble terms: our repeated petitions have been answered only by repeated injury. A prince whose character is thus marked, by every act which may define a tyrant, is unfit to be the ruler of a free people, " Nor have we been wanting in attentions to our British brethren. "We have warned them, from time to time, of attempts by their legis- 46 New Yoek State Constitution of 1777. lature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connection and correspondence. They, too, have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our separation, and hold them as we hold the rest of man- kind: enemies in war; in peace, friends. " We, therefore, the representatives of the United States of America, in general congress assembled, appealing to the Supreme Judge of the world, for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies, solemnly publish and declare that these united colonies are, and of right ought to be FREE AND INDEPENDENT STATES; that they are absolved from aU allegiance to the British crown, and that all political connection between them and the state of Great Britain 'is, and ought to be, totally dissolved; and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other, our lives, our fortunes, and our sacred honor." And whereas. This convention, having taken this declaration into their most serious consideration, did, on the ninth day of July last past, unanimously resolve that the reasons assigned by the continental con- gress, for declaring the united colonies free and independent states, are cogent, and conclusive; and that, while we lament the cruel necessity which has rendered that measure unavoidable, we approve the same, and will, at the risk of our lives and fortunes, join with the other colo- nies in supporting it. By virtue of which several acts, declarations, and proceedings, men- tioned and contained in the afore-recited resolves or resolutions of the general congress of the United American States, and of the congresses or conventions of this state, all power whatever therein hath reverted to the people thereof, and this convention hath, by their suifrages and free choice, been appointed, and among other things, authorized to institute and establish such a government as they shall deem best calcu- lated to secure the rights and liberties of the good people of this state, inost conducive of the happiness and safety of their constituents in par- ticular, and of America in general: I. This convention therefore, in the name and by the authority of the good people of this state, DOTH ORDAIN, DETERMINE aND DECLARE, That no authority shall, on any pretense whatever, be exercised over the people or members of this state, but such as shall be derived from and granted by them. II. This convention doth further, in the name and by the authority of the good people of this state, ordain, determine and declare, That the supreme legislative power within this state, shall be vested in two separate and distinct bodies of men; the one to be called the assem- bly of the state of New York; the other to be called the senate of the New Yoek State Constitution of 1777. 47 state of New York; who, together, shall form the legislature, and meet once at least in every year for the despatch of business. III. And whbeeas. Laws inconsistent with the spirit of this consti- tution, or with the public good, may be hastily and unadvisably passed: Bb it oedainbd. That the governor, for the time being, the chan- cellor and the judges of the supreme court, or any two of them, together with the governor, shall be, and hereby are, constituted a council to revise all bills about to be passed into laws by the legislature. And for that purpose shall assemble themselves, from time to time, when the legislature shall be convened; for which, nevertheless, thuy shall not receive any salary or consideration under any pretense what- ever. And that all bills which have passed the senate and assembly, shall, before they become laws, be presented to the said council for their revisal and consideration; and if upon such revision and consid- eration, it should appear improper to the said council, or a majority of them, that the said bill should become a law of this state, that they return the same, together with their objections thereto in writing, to the senate or house of assembly, in whichsoever the same shall have originated, who shall enter the objections set down by the council, at large, in their minutes, and proceed to reconsider the haid bill. But if, after such reconsideration, two-thirds of the said senate or house of assembly shall, notwithstanding the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, where it shall also be reconsidered, and if approved by two-thirds of the members present, shall be a law. And in order to prevent any unnecessary delays, Be it buethbe oedainbd, That if any bill shall not be returned by the council, within ten days after it shall have been presented, the same shall be a law, unless the legislature shall, by their adjournment, render a return of the said bill within ten days impracticable, in which case, the bill shall be returned on the first day of the meeting of the legisla- ture, after the expiration of the said ten days. IV. That the assembly shall consist of at least seventy members, to be annually chosen in the several counties, in the proportions following, viz.: ' For the city and county of New York, Nine. The city and county of Albany, Ten. The county of Dutchess, Seven. The pounty of West< hester. Six. The county of Ulster, Six. The county of Suffolk, Five. The county of Queens, Four. The county of Orange, Four. The county of Kings, Two. The county of Richmond, Two. *The county of Tryon, Six. *The county of C :harlotte. Four. •The county of Cumberland, Three. The county of Gloucester, Two. ♦Names changed and tlie territory of which they consisted divided Into several counties. t Ceded to Vermont. 48 New York State Constitcition of 1777. V. That as soon as the expiration of seven years, subsequent to the termination of the present war, as may be, a census of the electors and inhabitants in this state shall be taken, under the direction of the legis- lature.' And if on such census it shall appear, that the number of repre- sentatives in assembly from the said counties is not justly proportioned to the number of electors in the said counties respectively, that the leg- islature do adjust and apportion the same by that rule. And further, that once in ev ery seven years, after the taking of the said first census, a just account of the electors resident in each county shall be taken; and if it shall thereupon appear that the number of electors in any county, shall have increased or diminished one or more seventieth parts of the whole number of the electors, which on the said first census shall be found in this state, the number of representatives for such county shall be increased or diminished accordingly, that is to say, one representative for every seventieth part, as aforesaid. VI. AsD WHEREAS, An Opinion hath long prevailed among divers of the good people of this state, that voting at elections by ballot, would tend more to preserve the liberty and equal freedom of the people, than voting viva voce : to the end, therefore, that a fair experiment be made, which of those two methods of voting is to be preferred: Be it obdainbd, That as i-oon as may be, after the termination of the present war, between the United States of America and Great Brit- ain, an act or acts be passed by the legislature of this state, for causing all elections thereafter to be held in this state for senators and repre- sentatives in assembly, to be by ballot, and directing the manner in which the Same shall be conducted. And whbkeas it is possible, that after all the care of the legislature, in framing the said act or acts, certain inconveniences and mischiefs, unforeseen at tjjis day, may be found to attend the said mode of electing by ballot: It is fctbthbe oedainbd, That if after a full and fair experiment shall be made of voting by billot aforesaid, the same shall be "found less conducive to the safety or interest of the state, than the method of voting viva voce, it shall be lawful and constitutional for the legislature to abolish the same : Provided two-thirds of the members present in each house respectively, shall cojicur therein. And further, that during the continuance of the present war, and until the legislature of this state shall provide for the election of senators and representatives in assembly, by ballot, the said elections shall be made viva voce. ^ VII. That every male inhabitant of full age, who shall have person- ally resided within one of the counties of this state, for six months immediately preceding the day of election, shall at such election, be entitled to vote for representatives of the said county in assembly ; if during the time aforesaid, he shall have been a freeholder, possessing a freehold of the value of twenty pounds, within the said county, ^f- have rented a tenement therein of the yearly value of forty shillings, and been rated and actually paid taxes to this state: Provided always, That every person who now is a freeman of the city of Albany, or who was made a freeman of the city of New York, on or before the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five", and shall be actually and usually resident in the said cities respectively, shall be entitled to vote for representatives in assembly within his said place of residence. New Tobk State Constitution of 1777. 49 VIII. That every elector, before he is admitted to vote, shall, if required by the returning officer or either of the inspectors, take an oath, or if of the people called Quakers, an affirmation, of allegiance to the state. ^ IX. That the assembly thus constituted, shall choose their own speaker, be judges of their own members, and enjoy the same privi- leges, and proceed in doing business, in like manner as the assemblies of the colony of New York of right formerly did; and that a majority of the 'said members shall, from time to time, constitute a house to proceed upon business. X. And this convention doth further, in the name, and by the authority of the good people of this state, obdain, dbtbemive and DKCLAEK, that the senate of the state of New York shall consist of twenty-four freeholders, to be chosen out of the body of the free- holders, and that they be chosen by the freeholders of this state, possessed of freeholds of the value of one hundred pounds, over and above all debts charged thereon. XI. That the members of the senate be elected for four years, and immediately after the first election, they be divided by lot into four classes, six in each class, and numbered, one, two, three and four; and that the seats of the members of the first class shall be vacated at the expiration of the first year; the second class the second year, and so on continually, to the end, that the fourth part of the senate, as nearly as possible, may be annually chosen. XII. That the election of senators shall be after this manner; that so much of this state as is now parcelled into counties, be divided into four great districts: the southern district to comprehend the city and county of New York, SufEolk, Westchester, Kings, Queens and Rich- mond counties: the middle district to comprehend the counties of Dutchess, Ulster and Orange : the western district, the city and county of Albany, and Tryon county: and the eastern district, the counties of Charlotte, Cumberland, and Gloucester. That the senators shall be elected by the freeholders of the said districts, qualified as aforesaid, in the proportions following, to wit : in the southern district, nine ; in the middle district, six ; in the western district, six; and in the east- ern district, three. And be it okdainbd, that a census shall be taken as soon as may be, after the expiration of sev^n years from the termina- tion of the present war, under the direction of the legislature ; and if, on such census, it shall appear that the number of senators is not justly proportioned to the several districts, that the legislature adjust the pro- portion, as near as may be, to the number of freeholders, qualified as aforesaid, in each district. That when the number of electors within any of the said districts shall have increased one twenty-fourth part of the whole number of electors, which by the said census shall be found to be in this state, an additional senator shall be chosen by the electors of such district. That a majority of the number of senators, to be chosen as aforesaid, shall be necessary to constitute a senate sufficient to proceed upon business ; and that the senate shall, in like manner with the assembly, be the judges of its own members. And be it oedainbd, that it shall be in the power of the future legislatures of this state, for the convenience and advantage of the good people Z 50 New Toek State Constitution ot 1777. thereof, to divide tlie same into such further and other counties and districts, as shall to them appear necessary. XIII. And this convention doth further, in the name and by the authority of the good people of this state, oedain, dbtbemink and DECLARK, that no member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to the subjects of this state by this constitution, unless by the law of the land, or the judgment of his peers. XIV. That neither the assembly or the senate shall have_ power to adjourn themselves for any longer time than two days, without the mutual consent of both. XV. That, whenever the assembly and senate disagree, a conference shall be held in the presence of both, and be managed by committees, to be by them respectively chosen by ballot. That the doors, both of the senate and assembly, shall at all times be kept open to all persons, except when the welfare of the state shall require their debates to be kept secret. And the journals of all their proceedings shall be kept in the manner heretofore accustomed by the general assembly of the colony of New York; and, except such parts as they shall, as afore- said, respectively determine not to make public, be, from day to day, if the business of the legislature will permit, published. XVI. It is, nevertheless, provided, that the number of senators shall never exceed one hundred, nor the members of assembly three hun- dred: but that, whenever the number of senators shall amount to one hundred, or of the assembly to three hundred, then, and in such case, the legislature shall, from time to time hereafter, by laws for that pur- pose, apportion and distribute the said one hundred senators and three hundred representatives among the great districts, and counties of this state, in proportion to the number of their respective electors, so that the representation of the good people of this state, both in the senate and assembly, shall forever remain proportionate and adequate. XVII. And this convention doth further, in the name and by the authority of the good people of this state, oedain, deteemines and DBOLAEB, that the supreme executive power and authority of this state shall be vested in a governor; and that, statedly, once in every three years, and as often as the seat of government shall become vacant, a wise and discreet freeholder of this state shall be, by ballot, elected governor, by the freeholders of this state, qualified, as before described, to elect senators, which elections shall be always held at the times and places of choosing reprepenlatives in assembly for each respective county ; and that the person who hath the greatest number of votes within the said state, shall be the governor thereof. XVIII. That the governor shall continue in office three years, and shall, by virtue of his office, be general and comtnander-in-chief of all the militia, and admiral of the navy, of this state; that he shall have power to convene the assembly and senate on extraordinary occasions; to prorogue them from time to time, provided such prorogation shall not exceed sixty days in the space of any one year; and, at his dis- cretion, to grant reprieves and pardons to persons convicted of crimes other than treason or murder, in which he may suspend the execution of the sentence, until it shall be reported to the legislature, at their subsequent meeting, and they shall either pardon, or direct the execu- tion of the criminal, or grant a further reprieve. Ne-vt Toek State Constitution of 1777. 61 XIX. That it shall be the duty of the governor to inform the legisla- ture, at every session, of the condition of the state, so far as may respect his department; to recommend such matter's to their consideration as shall appear to him to concern its good government, welfare and prosperity; to correspond with the continental congress, and other states; to transact all necessary business with the officers of government, civil and military; to take care that the laws are faithfully executed, to the best of his ability ; and to expedite ali such measures as may be resolved upon by the legislature. XX. That a lieutenant-governor shall, at every election of a governor, and as often as the lieutenant-governor shall die, resign, or be removed from office, be elected in the same manner with the governor, to continue in office until the next election of a governor; and such lieutenant-gov- ernor shall, by virtue of his office, be president of the senate, and upon an equal division, have a casting vote in their decisions, but not vote on any other occasion. And in case of the impeachment of the governor, or his removal from office, death, resignation, or absence from the state, the lieutenant-gov- ernor shall exercise all the power and authority appertaining to the office of governor, until another be chosen, or the governor absent or impeached shall return, or be acquitted. Provided, that where the governor shall, with the consent of the legislature, be out of the state, in time of war, at the head of a military force thereof, he shall still continue in his command of all the military force of this state, both by sea and land. • XXI. That whenever the government shall be administered by the lieutenant-governor, or he shall be unable to attend as president of the senate, the senators shall have power to elect one of their own members to the office of president of the senate, which he shall exercise pro hac vice. And if, during such vacancy of the office of governor, the lieu- tenant-governor shall be impeached, displaced, resign, die, or be absent from the state, the president of the senate shall, in like manner as the lieutenant-governor, administer the government, until others shall be elected by the suffrage of the people, at the succeeding election. XXII. And this convention doth further, in the name and by the authority of the good people of this state, ordain, detbrminb and DECLARE, that the treasurer of this state shall be appointed by act of the legislature, to originate with the assembly. Provided, that he shall not be elected out of either branch of the legislature. XXIII. That all officers, other than those who, by this constitution, are directed to be otherwise appointed, shall be appointed in the man- ner following, to wit: The assembly shall, once in every year, openly nominate and appoint one of the senators from each great district, which senators shall form a council, for the appointment of the said officers, of which the governor for the time being, or the lieutenant- governor, or the president of the senate (when they shall respectively administer the government), shall be president, and have a' casting voice, but no other vote; and, with the advice and consent of the said council, shall appoint all of the said officers; and that a majority of the said council be a quorum: And fubtiiee, The said senators shall not be eligible to the said council for two years successively. XXIV. That all military officers be appointed during pleasure; that all commissioned officers, civil and military, be commissioned by the 52 New York State CoirsTiTtiTiON of 1777. governor; and that the chancellor, the judges of the supreme court, and first judge of the county court in every county, hold their oflBces during good behavior, or until they shall have respectively attained the age of sixty years. XXV. That the chancellor and judges of the supreme court shall not, at the same time, hold any other oflBce, excepting that of delegate to the general congress, upon special occasions; and that the first judges of the county courts in the several counties, shall not, at the same time, hold any other ofiice, excepting that of senator, or delegate to the general congress. But if the chancellor or either of the said judges be elected or appointed to any other office, excepting as is before excepted, it shall be at his option in which to serve. XXVI. That sheriffs and coroners be annually appointed; and that no person shall be capable of holding either of the said offices more than four years successively; nor the sherifE of holding any other office at the same time. XXVII. And be it fubthee oedained. That the register, and clerks in chancery, be appointed by the chancellor; the clerks of the supreme court, by the judges of the said court; the clerk of the court of pro- bates, by the judge of the said court; and the register and marshal of the court of admiralty, by the judge of the admiralty. The said mar- shal, registers, and clerks, to continue in office during the pleasure of those by whom they are to be appointed as aforesaid. And all attorneys, solicitors and counsellors at law, hereafter to be appointed, be appointed by the court, and licensed by the first judge of • the court in which they shall respectively plead or practice; and be reg- ulated by the rules and orders of the said courts. XXVIII. And be it fuethbe okdained. That where, by this consti- tution, the duration of any office shall not be ascertained, such office shall be construed t& be held during the pleasure of the council of appointment: Provided, that new commissions shall be issued to judges of the county courts (other than to the first judge), and to justices of the peace, once at the least in every three years. XXIX. The town clerks, supervisors, assessors, constables and collect- ors, a,nd all other officers, heretofore eligible by the people, shall always continue to be so eligible, in the manner directed by the present or future acts of legislature. That loan officers, county treasurers, and clerks of the supervisors, continue to be appointed in the manner directed by the present or future acts of the legislature. XXX. That delegates to represent this state in the general congress of the United States of America be annually appointed, as follows, to wit: The senate and assembly shall each openly nominate as many persons as shall be equal to the whole number of delegates to be appointed; after which nomination they shall meet together, and those persons named in both lists shall be delegates; and out of those persons whose names are not on both lists, one-half shall be chosen by the joint ballot of the senators and members of assembly, so met together as aforesaid. XXXI. That the style of all laws shall be as follows, to wit: " Be it enacted by the people of the state of New York, represented in senate and assembly," and that all writs and other proceedings shall run in the New Yoek State Constitotion or 1777. 53 name of the people of the state of New York, and be tested in the name of the chancellor, or chief judge of the court from whence they shall issue. XXXII. And this convention doth further, in the name and by the authority of the good people of this state, obdain, deteeminb and DECLARE that a court shall be instituted for the trial of impeachments and the correction of errors, under the regulations which shall be estab- lished by the legislature, and to consist of the president of the senate for the time being, and the senators, chancellor and judges of the supreme court, or the major part of them; except that when an impeachment shall be prosecuted against the chancellor, or either of the judges of the supreme court, the person so impeached shall be sus- pended from exercising his office, until his acquittal; and in like man- ner, when an appeal from a decree in equity shall be heard, the chan- cellor shall inform the court of the reasons of his decree, but shall not have a voice in the final sentence. And if the cause to be determined shall be brought up by writ of error, on a question of law, on a judg- ment in the supreme court, the judges of the court shall assign the reasons of such their judgment, but shall not have a voice for its affirm- ance or reversal. XXXIII. That the power of impeaching all officers of the state, for mal and corrupt conduct in their respective offices, be vested in the rep- resentatives of the people in assembly; but that it shall always be necessary that two-third parts of the members present shall consent to and agree in such impeachment. That, previous to the trial of every impeachment, the members of the said court shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence; and that no judgment of the said court shall be valid unless it shall be assented to by two-third parts of the members then present; nor shall it extend farther than to removal from office and disqualification to hold or enjoy any place of honor, trust, or profit, under this state. But the party so convicted shall be, nevertheless, liable and subject to indictment, trial, judgment and punishment, according to the laws of the land. XXXIV. And it is fukthek oedainbd. That in every trial on impeachment, or indictment for crimes or misdemeanor, the party impeached or indicted shall be allowed counsel, as in civil actions. XXXV. And this convention doth further, in the name and by the authority of the good people of this state, oedain, dbtbeminb and DBCLAEB, that such parts of the common law of England, and of the statute law of England and Great Britain, and of the acts of the legislature of the colony of New York, as together did form the law of the said colony on the 19th day of April, in the year of our Lord one thousand seven hundred and seventy-five, shall be and continue the law of this state, subject to such alterations and provisions as the legislature of this state shall, from time to time, make concerning the same. That such of the said acts as are temporary, shall expire at the times limited for their duration respectively. That all such parts of the said common law, and all such of the said statutes and acts afore- said, or parts thereof, as may be construed to establish or maintain any particular denomination of Christians or their ministers, or concern the allegiance heretofore yielded to, and the supremacy, sovereignty. 64 New Toek State Constittttion op 1777. government, or prerogatives, claimed or exercised by the king of Great Britain and his predecessors, over the colony of New York and its inhabitants, or are repugnant to this constitution, be and they hereby are, abrogated and rejected. And this convention doth further OEDAiN, that the resolves or resolutions of the congresses of the colony of New York, and of the convention of the state of New York, now in force, and not repugnant to the government established by this con- stitution, shall be considered as making part of the laws of this state; subject nevertheless, to such alterations and provisions as the legisla- ture of this state may, from time to time, make concerning the same. XXXVI. AvD BK ir FURTHBE oEDAiMED, That all grants of land within this state, made by the king of Great Britain, or persons acting under his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be null and void; but that nothir g in this constitution contained, shall be construed to affect any grants of land, within this state, made by the authority of the said king or his predecessors, or to annul any charters to bodies politic, by him or them, or any of them, made prior to that day. And that none of the said charters shall be adjudged to be void, by reason of any nonuser or misuser of any of their respective rights or» privileges, between the nineteenth day of April, in the year of our Lord one thousand seven hundred and seventy -five, and the publication of this constitution. Anb fukther, That all such of the officers, described in the said charters respectively, as, by the terms of the said charters, were to be appointed by the governor of the colony of New York, with or without the advice and consent of the council of thf said king, in the said colnny, shall henceforth be appointed by the council established by this constitution for the appointment of officers in this state, until otherwise directed by the legislature. XXXVII. And whereas. It is of great importance to the safety of this state that peace and amity with the Indians within the same, be at all times supported and maintained: And whereas. The frauds too often practiced towards the said Indians, in contracts made for their lands, have, in divers instances, been productive of dangerous discon- tents and animosities; Be it ordained. That no purchases or contracts for the sale of lands made since the 1 4th day of October, in the year of our Lord one thousand seven hundred and seventy-five, or which may hereafter be made with or of the said Indians, within the limits of this state, shall be binding on the said Indians, or deemed valid, unless made under the authority and with the consent of the legislature of this state. XXXVIII. And whereas. We are required, by the benevolent principles of rational liberty, not only to expel civil tyranny, but also to guard against that spiritual oppression and intolerance wherewith the bigotry and ambition of weak and wick< d priests and princes have scourged mankind: this convention doth further, in the name and by the authority of the good people of this state, ordain, determine and DECLARE, that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever here- a,fter be allowed within this state to all mankind: Provided, that the liberty of conscience hereby granted shall not be so construed as to New Yoek State Constittjtion op 1777. 55 excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state. XXXIX. And wheeeas, The ministers of the gospel are, by their profession, dedicated to the service of God and the cure of souls, and ought not to be diverted from the great duties of their function; there- fore no minister of the gospel, or priest of any denomination whatso- ever, shall, at any time hereafter, under any pretense or description whatever, be eligible to or capable of holding, any civil or military office or place within this state. XL. And whekbas. It is of the utmost importance to the safety of every state, that it should always be in a condition of defense; and it is the duty of every man who enjoys the protection of society, to be pre- pared and willing to defend it; this convention, therefore, in the name, and by the authority of the good people of this state, doth oedain, DETERMINE AND DECLABE, that the militia of this state, at all times hereafter, as well in peace as in war, shall be armed and disciplined, and in 'readiness for service. That all such of the inhabitants of this state (being of the people called Quakers) as from scruples of conscience, may be averse to the bearing of arms, be therefrom excused by the leg- islature, and do pay to the state such sums of money, in lieu of their personal service, as the same may, in the judgment of the legislature be worth. And that a proper magazine of warlike stores proportioned to the number of inhabitants, be forever hereafter, at the expense of this state, and by acts of the legislature, established, maintained, and continued, in every county in this state. XLI. And this convention doth further oedain, dbtbeminb and DBCLABE, in the name, and by the authority of the good people of this state, that trial by jury, in all cases, in which it hath heretofore been used in the colony of New York, shall be established, and remain invio- late forever: And that no acts of attainder shall be passed by the legis- lature of this state, for crimes other than those committed before the termination of the present war; and that such acts shall network a cor- ruption of blood. And fuetheb, that the legislature of this state shall, at no time hereafter, institute any new court or courts, but such as shall proceed according to the course of the common law. XLII. And this convention doth further, in the name and by the authority of the good people of this state, oedain, dbtee:^ine and DECLAEB, that it shall be in the discretion of the legislature to natural- ize all such persons, and in such manner, as they shall think proper: Provided, all such of the persons so to be by them naturalized, as, being born in parts beyond sea, and out of the United States of America, shall come to settle in, and become subjects of this state, shall take an oath of allegiance to this state, and abjure and renounce all allegiance and subjection to all and every foreign king, prince, potentate, and state, in all matters, ecclesiastical as well as civU. By order: LEONARD GANSEVOORT, Prea. pro tern. Amendments to First Constitution. In Contention of the Delegates of the State of New Yoek. Albany, October 21, 1801. Whbeeas, The legislature of this state, by their act, passed the sixth day of April last, did propose to the citizens of thiK state, to elect by ballot delegates to meet in convention, " for the purpose of considering the parts of the constitution of this state respecting the number of senators and members of assembly in this state, and with power to reduce and limit the number of them as the said convention might deem proper; and also for the purpose of considering. and determining the true construction of the twenty-third article of the constitution of this state relative to the right of nomination to office; " And whekbas. The people of this state have elected the members of this convention, for the purpose above expressed; and this convention, having maturely considered the subject thus submitted to their deter- mination, do, in the name and by the authority of the people of this state, OEDAIN, DETBEMINB AND DBCLAEE : I. That the number of the members of the assembly hereafter to be elected shall be one hundred, and shall never exceed one hundred and fifty. II. That the legislature at their next session, shall apportion the said one hundred members of the assembly among the several counties of this state, as nearly as may be, according to the number of electors which shall be found to be in each county by the census directed to be taken in the present year. III. That from the first Monday in July next, the number of the senators shall be permanently thirty-two, and that the present number of senators shall be reduced to thirty-two in the following manner, that is to say: The seats of the eleven senators composing the first class, whose time of service will expire on the first Monday in July next, shall not be filled up: and out of the second class the seats of one senator from the middle district, and of one senator from the southern district, shall be vacated by the senators of those districts belonging to that class, casting lots among themselves; out of the third class the seats of two senators from the middle district, and of one senator from the eastern district, shall be vacated in the same manner; out of the fourth class the seats of one senator from the middle district, of one senator from the eastern district, and of one senator from the western district, shall be vacated in the same manner; and if any of the said classes shall neglect to cast lots, the senate shall in such case proceed to cast lots for such class or classes so neglecting. And that eight senators shall b« chosen at the next election in such districts as the New Toek State Cojststitution or 1777. 87 legislature shall direct, for the purpose of apportioning the whole num- ber of senators amongst the four great districts of this state, as nearly as may be, according to the number of electors qualified to vote for senators, which shall be found to be in each of the said districts by the census above mentioned; which eight senators so to be chosen shall form the first class. IV. That from the first Monday in July next, and on the return of every census thereafter, the number of the assembly shall be increased at the rate of two members for every year, until the whole number shall amount to one hundred and fifty; and that upon the return of every such census, the legislature shall apportion the senators and mem- bers of the assembly amongst the great districts and counties of this state, as nearly as may be, according to the number of their respective electors. Provided, that the legislature shall not be prohibited by anything herein contained, from allowing one member of assembly to each county, heretofore erected within this state. V. And this convention do further, in the name and by the authority of the people of this state, oedain, dktbkminb and declabb, that by the true construction of tlie twenty-third article of the con- stitution of this state, the right to nominate all oificers, other than those who by the constitution are directed to be otherwise appointed, is vested concurrently in the person administering the government of this state for the time being, and in each of the members of the council of appointment. By order, A. BURR, President of the Convention, and delegate from Orange County. , Attest: James Van Ingen, JosBPH Constant, Secretaries. 8 The New York State Constitution of 1821. [The following conBtitution was ratified by the people of the state at an election held January 15th, 16th and 17th, 1822.] We, the people of the state of New York, acknowledging with grati- tude the grace and beneficence of God, in permitting us to make choice of our form of government, do establish this constitution. ARTICLE I. Section 1. The legislative power of this state shall be vested in a senate and an assembly. § 2. The senate shall consist of thirty-two members. The senators shall be chosen for four years, and shall be freeholderi. The assembly shall consist of one hundred and twenty-eight members, who shall be annually elected. § 3. A majority of each house shall constitute a quorum to do busi- ness. Each house shall determine the rules of its own proceedings, and be the judge of the qualifications of its own members. Each house shall choose its own officers; and the senate shall choose a temporary president, when the lieutenant-governor shall not attend as president, or shall act as governor. § 4. Each house shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy. The doors of each house shall be kept open, except when the public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days. § 5. The state shall be divided into eight districts, to be called senate districts, each of which shall choose four senators. The first district shall consist of the counties of Suffolk, Queens, Kings, Richmond, and New York. The second district shall consist of the counties of Westehester,-Put- nara, Dutchess, Rockland, Orange, Ulster, and Sullivan. The third district shall consist of the counties of Greene, Columbia, Albany, Rensselaer, Schoharie, and Schenectady. The fourth district shall consist of the counties of Saratoga, Mont- gomery, Hamilton, Washington, Warren, Clinton, Essex, Franklin, and St. Lawrence. The fifth district shall consist of the counties of Herkimer, Oneida, Madison, Oswego, Lewis, and Jefferson. The sixth district shall consist of the counties of Delaware, Otsego, Chenango, Broome, Cortland, Tompkins, and Tioga. The seventh district shall consist of the countieB of Onondaga, Cayuga, Seneca, and Ontario. New Yoek State Constittttion of 1821. 59 The eighth district shall consist of the counties of Steuben, Living- ston, Monroe, Genesee, Niagara, Erie, Allegany, Cattaraugus, and Chautauqua. And as soon as the senate shall meet, after the first election to be held in pursuance of this constitution, they shall cause the senators to be divided by lot, into four classes, of eight in each, so that every dis- trict shall have one senator of each class ; the classes to be numbered, one, two, three, and four. And the seats of the first class, shall be vacated at the end of the first year; of the second class, at the end of the second year; of the third class, at the end oi the third year; of the fourth class, at the end of the fourth year ; in order that one senator be annually elected in each senate district. § 6. An enumeration of thp inhabitants of the state, shall be taken, under the direction of the legislature, in the year one thousand eight hundred and twenty-five, and at the end of every ten years thereafter; and the said districts shall be so altered by the legislature, at the first session after the return of every enumeration, that each senate district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens, paupers and persons of colour not taxed; and shall remain unaltered until the return of another enumeration, and shall at all times consist of contiguous territory; and no county shall be divided in the formation of a senate district. § 1. The members of the assembly shall be chosen by counties, and shall be apportioned among the several counties of the state, as nearly as may be, according to the numbers of their respective inhabitants, excluding aliens, paupers, and persons of colour not taxed. An appor- tionment of members of assembly shall be made by the legislature, at its first session after the return of every enumeration; and when made, shall remain unaltered until another enumeration shall have been taken. But an apportionment of members of the assembly shall be made by the present legislature, According to the last enumeration taken under the authority of the United States, as nearly as may be. Every county heretofore established, and separately organized, shall always be entitled to one member of the assembly; and no new county shall hereafter be erected, unless its population shall entitle it to a member. § 8. Any bill may originate in either house of the legislature; and all bills passed by one house may be amended by the other. § 9. The members of the legislature, shall receive for their services,_a compensation to be ascertained by law, and paid out of the public treasury; but no increase of the compensation shall take effect during the year in which it shall have been made. And no law shall be passed increasing the compensation of the members of the legislature, beyond the sum of three dollars a day. § 10. No member of the legislature, shall receive any civil appoint- ment from the goveri;or and senate, or from the legislature, during the term for which he.shall have been electt d. §11. No person, being a member of congress, or holding any judicial or military office under the United States, shall hold a seat in the legis- lature. And if any person shall, while a member of the legislature, be elected to congress, or appointed to any office, civil or military, under tlie government of the United States; his acceptance thereof, shall vacate his seat. 60 New Toek State Coustitution of 1821. § 12. Every bill which shall have passed the senate and assembly- shall, before it become a law, be presented to the governor: if he approve, he shall sign it; but if not, he shall return it with his objec- tions to that house in which it shall have originated; who shall enter the objections at large on their journal and proceed to reconsider it. If after such reoonsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; .and if approved by two-thirds of the members present, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for, and against, the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within ten days (Sun- days excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the legis- lature shall, by their adjournment, prevent its return; in which case it shall not be a law. § 13. All officers holding their offices during good behavior may be removed by joint resolution, of the two houses of the legislature, if two-thirds of all the members elected to the assembly, and a majority of all the members elected to the senate, concur therein. § 14. The political year shall begin on the first day of January; and the legislature shall every year assemble on the first Tuesday of Janu- ary, unless a different day shall be appointed by law. § 15. Ihe next election for governor, lieutenant governor, senators and members of assembly shall commence on the first Monday of November, one thousand eight hundred and twenty-two; and all sub- sequent elections shall be held at such time, in the month of October or November, as the legislature shall, by law, provide. § 16. The governor, lieutenant-governor, senators, and members of assembly, first elected under this constitution, shall enter on the duties of their respective offices, on the first day of January, one thousand eight hundred and twenty- three; and the governor, lieutenant-governor, senators and members of assembly, now in office, shall continue to hold the same until the first day of January, one thousand eight hundred and twenty-three, and no longer. ARTICLE II. Section 1. *[Every male citizen, of the age of twenty-one years, who shall have been an inhabitant of this state one year preceding any election, and for the last six months a resident of the town or county where he may offer his vote; and shall have, within the next year pre- ceding the election, paid a tax to the state or county, assessed upon his real or personal property; or shall by law be exempted from taxation; or being armed and equipped according to law, shall have performed within that year, military duty in the militia of this state; or who shall be exempted from performing militia duty in consequence of being a fireman in any city, town or village in this state; and also. .*.TS.® P?f * °' ''i'* °®''*'°" '"Closed in brackets [ ] was abolished by the jsecord amendment C 1886. See post. New Tobk State Constitution of 1821. 61 every male citizen of the age of twenty-one years, who shall have been, for three years next preceding fsuch election, an inhabitant of this state; and for the last year, a residfnt in the town or county, where he may offer his vote; and shall have been, within the last year, assessed to labor upon the public highways, and shall have performed the labor, or paid an equivalent therefor, according to law, shall be entitled to vote in the town or ward where he actually resides, and not elsewhere, for all officers that now are, or hereafter may be, elective by the people:] but no man of colour, unless he shall have been for three years a citizen of this state, and for one year next preceding any elec- tion, shall be seized and possessed of a freehold estate of the value of two hundred and fifty dollars, over and above all debts and incum- brances charged thereon ; and shall have been actually rated, and paid a tax thereon, shall be entitled to vote at any such election. And no person of colour shall be subject to direct taxation unless he shall be seized, and possessed of such real estate as aforesaid. § 2. Laws may be passed excluding from the right of suffrage, per- sons who have been, or may be, convicted of infamous crimes. § 3. Laws shall be made for ascertaining by proper proofs, the citi- zens who shall be entitled to the right of suffrage, hereby established. § 4. All elections by the citizens, shall be by ballot, except for such town officers as may by law be directed to be otherwise chosen. ARTICLE III. Section 1. The executive power shall be vested in a governor. He shall hold his office for two years; and a lieutenant-governor shall be chosen at the same time, and for the same term. § 2. No person, except a native citizen of the United States, shall be eligible to the office of governor; nor shall any person be eligible to that office, who shall not be a freeholder, and shall pot have attained the age of thirty years, and have been five years a resident within this state; unless he shall have been absent during that time, on public business of the United States, or of this state. § 3. The governor and lieutenant governor shall be elected at the times and places of choosing members of the legislature. The persons respectively having the highest number of votes for governor and lieutenant-governor, shall be elected; but in case two or more shall have an equal and the highest number of votes for governor, or for lieuten- ant-governor, the two houses of the legislature shall, by joint ballot, choose one of- the said persons so having an equal and the highest num- ber of votes, for governor, or lieutenant-governor. § 4. The governor shal be general and commander-in-chief of all the militia, and admiral of the navy of the state. He shall have power to convene the legislature (or the senate only), on extraordinary occasions. He shall communicate by message to the legislature at every session, the condition of the state; and recommend such matters to them as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed. He shall, at stated times. 62 New Toek State Constitutiow of 1821. receive for his services, a compensation, wliioli shall neither be increased nor ditninisheii, during the term for which he shall have been elected. § 5. The governor shall have power to grant re.prieves and pardons after conviction, for all offenses, except treason and cases of impeach- ment. Upon convictions for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the legislature at its next meeting; when the legislature shall either pardon, or direct the execution of the criminal, or grant a farther reprieve. § 6. In case of the impeachment of the governor, or his removal from office, death, resignation, or absence from the state, the powers and duties of the office shall devolve upon the lieutenant-governor, for the residue of the te^m, or until the governor absent or impeached, shall return, or be acquitted. But when the governor shall, with the consent of the legislature, be out of the stati', in time of war, at the head of a military force thereof, he shall still continue commander-in-chief of all the military force of the state. § 7. The lieutenant-governor shall be president of the senate, but shall have only a casting vote therein. If during a vacancy of the office of governor, the lieutenant-governor shall be impeached, dis- placed, resign, die, or be absent from the state, the president of the senate shall act as governor, until the vacancy shall be filled, or the disability shall cease. ARTICLE IV. Section 1. Militia officers shall be chosen or appointed as follows: captains, subalterns, and non-commissioned officers, shall be chosen by the written votes of the members of their respective companies. Field officers of regiments and separate battalions, by the written votes of the commissioned officers of the respective regiments, and separate bat- talions. Brigadier-generals, by the field officers of their respective brigades. Major-generals, brigadier-generals, and commanding officers of regiments or separate battalions, shall appoint the staff officers of their respective divisions, brigades, regiments, or sejjarate battalions. § 2. The governor shall nominate, and with the consent of the senate, appoint all major-generals, l)rigade inspectors, and chiefs of the staff departments, except the adjutant-general, and commissary -general. The adjutant-general shall be appointed by the governor. § 3. The legislature shall, by law, direct the time and manner of electing militia officers, and of certifying their elections to the governor. ■§ 4. The commissioned officers of the militia, shall be commissioned by the governor; and no commissioned otticer shall be removed from office, unless by the senate on the recommendation of the governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial, pursuant to law. The present officers of the militia shall hold their commission, subject to removal as before provided. § 5. In case the mode of election and appointment of militia officers, hereby directed, shall not be found conducive to the improvement of the militia, the legislature may abolish the same, and provide by law for their appointment and removal, if two-thirds of the members pres- ent in each house, shall concur therein. New Toek State CoNSTiTUTroN of 1821. 63 § 6. The secretary of state, comptroller, treasurer, attorney-general, surveyor-general, and commissary-genej al, shall be appointed as fol- lows: The senate and assembly shall each openly nominate one person for the said offices respectively: after which, they shall meet together, and if they shall agree in their nominations, the person so nominated shall be appointed to the office for which he shall be nominated. If they shall disagree, the aprointment shall be made by the joint ballot of the senators and members, of assembh . The treasurer shall be chosen annually. The secretary^ of state,' comptroller, attorney-gene- ral, surveyor-general, and commissary-general, shall hold their offices for three years, unless sooner removed by concuirent resolution of the senate and assembly. § 7. The governor shall nominate, by message, in writing, and with the consent of the senate, shall appoint, all judicial officers, except jus- tices of the peace,* [who shall be appointed in manner following, that is to say:_ The board of supervisors in every county in this state, shall, at such times as the legislature may direct, meet together; and they, or a majority of them so assembled, shall nominate so many persons as shall be equal to the number of justices of the peace to be appointed in the several towns in the respective counties. And the judges of the respective county courts, or a majority of them, shall also meet and nominate a like number of persons; and it shall be the duty of the said board of supervisors, and judges of county courts, to compare such nominations, at such time and place as the legislature may direct: And if on such comparison, the said boards of supervisors and judges of county courts, shall agree in their nominations, in all, or in part, they shall file a certificate of the nominations in which they shall agree, in the office of the clerk of the county; and the person or persons named in such certificates, shall be justices of the peace: And in case of disa- greement in whole, or in part, it shall be the farther duty of the said boards of supervisors, and judges respectively, to transmit their said nominations, so far as they disagree in the same, to the governor, who shall select from the said nominations, and appoint so many justices of the peace, as shall be requisite to fill the vacancies.] Every person appointed a justice of the peace, shall hold his office for four years, unless removed by the county court, for causes particu- larly assigned by the judges of the said court. And no justice of the peace shall be removed, until he shall have notice of the charges made against him, and an opportunity of being heard in his defense. § 8. Sheriffs and clerks of counties, including the register and clerk of the city and county of New York, shall be chosen by the electors of the respective counties, once in every three years, and as often as vacancies shall happen. Sheriffs shall hold no other office, and be ineli- fible for the next three years after the termination of their offices, 'hey may be required by law to renew their security from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff; and the governor may remove any such sheriff, clerk, or register, at any time within the three years for which he shall be elected, giving to sufh sheriff, clerk, or register, a copy of the charge against * The port of this section embraced in brackets [ ] was abrogated by the first amendment otlHM. Bea post. 64: New Yoke State Constitution of 1821. Mm, and an opportunity of being heard in his defense, before any removal shall be made. § 9. The clerks of courts, except those clerks whose appointment is provided for in the preceding section, shall be appointed by the courts of which they respectively are clerks; and district attorneys, by the county courts. Clerks of courts and district attorneys shall hold their offices for three years, unless sooner removed by the courts appointing them. § 10. The mayors of all the cities in this state shall be appointed annually, by the common councils of the respective cities.* § 11. So many coroners as the legislature may direct, not exceeding four in each county, shall be elected in the same manner as sheriffs, and shall hold their offices for the same term, and be removable in like manner. § 12. The governor shall nominate, and with the consent of the senate, appoint masters and examiners in chancery, who shall hold their offices for three years, unless sooner removed by the senate, oq the recommendation of the governor. The register and assistant reg- isters shall be appointed by the chancellor, and hold their offices during his pleasure. § 13. The clerk of the court of oyer and terminer, and general sessions of the peace, in and for the city and county of New York, shall be appointed by the court of general sessions of the peace in said city, and hold his office during the pleasure of the said court: and such clerks and other officers of courts, whose appointment is not herein pro- vided for, shall be appointed by the several courts, or by the governor, with the consent of the senate, as may be directed by law. § 14. The special justices, and the assistant justices, and their clerks, in the city of New York, shall be appointed by the common council of the said city; and shall hold their offices for the same term, that the justices of the peace, in the other counties of this state, hold their offices, and shall be removable m like manner. § 15. All officers heretofore elective by the people, shall continue to be elected; and all other officers, whose appointment is not provided for by this constitution, and all officers, whose offices may he hereafter created by law, shall be elected by the people, or appointed, as may by law be directed. S 16. Where the duration of any office is not prescribed by this con- stitution, it may be declared by law; and if not so declared, such office shall be held during the pleasure of the authority making the appointment. ARTICLE V. Section 1. The court for the trial of impeachments, and the correc- tion of errors, shall consist of the president of the senate, the senators, the chancellor, and the justices of the supreme court, or the major part of them; but when an impeachment shall be prosecuted against the chancellor, or any justice of the supreme court, the person so impeached, shall be suspended from exercising his office, until his acquittal; and * Section 10 was amended as to the city of New York, by the fovirth amendment ratiflad in November, 1833, post. ' """""" ■" New York State Constitution of 1821. 66 when an appeal from a decree in chancery shall be heard, the chancel- lor shall inform the court of the reasons for his decree, but shall have no voice in the final sentence; and when a writ of error shall be brought, on a judgment of the supreme court, the justices of that court, shall assign the reasons for their judgment, but shall not have a voice for its affirmance or reversal. § 2. The assembly shall have the power of impeaching all civil officers of this state for mal and corrupt conduct in office, and for high crimes and misdemeanors; but a majority of all the members elected shall con- cur in an impeachment. Before the trial of an impeachment, the mem- bers of the court shall take an oath or affirmation, truly and impartially to try and determine the charge in question, according to evidence; and no person shall be convicted, without the concurrence of two-thirds of the members present. Judgment, in cases of impeachment, shall not extend farther than the removal from office, and disqualification to hold, and enjoy, any office of honor, trust or profit, under this state; but the party convicted, shall be liable to indictment, and punishment, accord- ing to law. § 3. The chancellor and justices of the supreme court, shall hold their offices during good behavior, or until they shall attain the age of sixty years. § 4. The supreme court shall consist of a chief justice, and two jus- tices, any of whom may hold the court. § 5. The state shall be divided, by law, into a convenient number of circuits, not less than four, nor exceeding eight, subject to alteration, by the legislature, from time to time, as the public good may require; for each of which, a circuit judge shall be appointed, in the same man- ner, and hold his office by the same tenure, as the justices of the supreme court; and who shall possess the powers of a justice of the supreme couri at chambers, and in the trial of issues joined in the supreme court; and in courts of oyer and terminer, and gaol delivery. And such equity powers may be vested in the said circuit judges, or in the county courts, or in such other subordinate courts, as the legislature may by law direct, subject to the appellate jurisdiction of the chancellor. § 6. Judges of the county courts, and recorders of cities, shall hold their offices for five years, but may be removed by the senate, on the recommendation of the governor, for causes to be stated in such recom- mendation. § 7. Neither the chancellor, nor justices of the supreme court, nor any circuit judge, shall hold any other office or public trust. All votes for any elective office, given by the legislature or the people, for the chan- cellor, or a justice of the supreme court, or circuit judge, during his con- tinuance in his judicial office, shall be void. ARTICLE VI. Section 1. Members of the legislature, and all officers, executive and judicial, except such inferior officers as may by law be exempted, shall, before they enter on the duties of their respective offices, take and sub- scribe the following oath or affirmation : I do solemnly swear (or affirm, as the case may be) that I will support .the constitution of the United States, and the constitution of the state 9 €6 New Yokk Statb Constitution of 1821. of New York; and that I will faithfully discharge the duties of the oflSce of according to the best of my ability. And no other oath, declaration, or test, shall be required as a qualifi- cation for-any oflBce or public trust. ' ARTICLE VII. Sbction 1. No member of this state shall be disfranchised or deprived of any of the rights or privileges, secured to any citizen thereof, unless hj the law of the land, or the judgment of his peers. § 2. The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever; and no new court shall be insti- tuted, but such as shall proceed according to the course of the common law; except such courts of equity, as the legislature is herein author- ized to establish. § 3. The free exercise and enjoyment of religious profession and wor- ship, without discrimination or preference, shall forever be allowed in this state, to all mankind ; but the liberty of consci nee hereby secured, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace, or safety of this state. § 4. And whereas. The ministers of the gospel are, by their profes- sion, dedicated to the service of God, and the cure of souls, and ought not to be diverted from the great duties of their functions; therefore, no minister of the gospel, or priest of any denomination whatsoever, shall at any time hereafter, under any pretense or description whatever, be eligible to, or capable of holding, any civil or military oflBce or place within this state. § 5. The militia of this state, shall, at all times hereafter, be armed and disciplined, and in readiness for service; but all such inhabitants of this state, of any religious denomination whatever, as from scruples of conscience, may be averse to bearing arms, shall be excused there- from, by paying to the state an equivalent in money; and the legisla- ture shall provide, by law, for the collection of such equivalent, to be estiimated according to the expense, in time, and money, of an ordinary, able-bodied militia-man. § 6. The privilege of the writ of habeas corpus, shall not be sus- 5)ended, unless when in case of rebellion, or invasion, the public safety may require its 8US|>en8ion. § T. No person shall be held to answer for a capital or otherwise infamous crime, (except in cases of impeachment; and in cases of the militia, when in actual service, and the land and naval forces in time of war, or which this state may keep, with the consent of congress, in time of peace; and in cases of petit larceny, under the regulation of the legislature;) unless on presentment, or indictment of a grand jury; and in every trial on impeachment or indictment, the party accused shall be allowed counsel as in civil actions. No person shall be sub- ject, for the same offense, to be twice put in jeopardy of life or limb; nor shall he be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due pro- cess of law; nor shall private property be taken for public use, with- out just compensation. New York State Constitution of 1821. 67 § S.^very citizen may freely speak, write, and publish his senti- ments, on all subjects, being responsible for the abuse of that right; and no law shall be passed, to restrain, or abridge the liberty of speech, or of the press. ' In all prosecutions or indictments for libels, the truth may be given in evidence, to the jury; and if it shall appear to the jury, that the matter charged as libellous, is true, and was pub- lished with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the factyi § 9. The assent of two-thirds of the members elected to each branch of the legislature, shall be requisite to every bill appropriating the public moneys or property, for local or private purposes, or creating, continuing, altering, or renewing, any body politic or corporate. § 10. The proceeds of all lands belonging to this state, except such parts thereof as may be reserved or appropriated to public use, or ceded to the United States, which shall hereafter be sold or disposed of, together with the fund denominated the common school fund, shall be and remain a perpetual fund; the interest of which, shall be inviolably appropriated and applied to the support of common schools throughout this state. Rates of toll, not less than those agreed to by the canal commissioners, and set forth in their report to the legislature of the twelfth of March, one thousand eight hundred and twenty-one, shall be imposed on, and collected from all parts of the navigable communi- cations between the great western and northern lakes, and the Atlantic ocean, which now are, or hereafter shall be made and completed: and the said tolls, together with the duties on the manufacture of all salt, as established by the act of the fifteenth of April, one thousand eight hundred and seventeen; and the duties on goods sold at auction, except- ing therefrom the sum of thirty-three thousand five hundred dollars, otherwise appropriated by the said act; and the amount of the revenue, established by the act of the legislature of the thirtieth of March, one thousand eight hundred and twenty, in lieu of the tax upon steamboat passengers; shall be and remain inviolably appropriated and applied to the completion of such navigable communications, and to the payment of the interest, and reimbursement of the capital, of the money already borrowed, or which hereafter shall be borrowed, to make and complete the same. And neither the rates of toll on the said navigable com- munications, nor the duties on the manufacture of salt aforesaid, nor the duties on goods sold at auction, as established by the act of the fifteenth of April, one thousand eight hundred and seventeen, nor the amount of the revenue, established by the act of March th^ thirtieth, one thousand eight hundred and twenty, in lieu of the tax upon steam- boat passengers, shall be reduced or diverted, at any time before the full and complete payment of the principal and interest of the money borrowed, or to be borrowed, as aforesaid. And the legislature shall never sell, or dispose of the salt springs belonging to this state, nor the lands contiguous thereto, which may be necessary, or convenient, for their use, nor the said navigable communications, or any part or section thereof; but the same shall be and remain the property of this state.* * Bee amendments 3 ana 5, which modify the proviBions of section 10, post 68 New Toek State Coi stitution of 1S21. § 11. No lottery shall hereafter be authorized in this state; and the legislature shall pass laws to prevent the sale of all lottery tickets within this state, except in lotteries already provided for by law. , § 12. No purchase or contract for the sale of lands in this state, made since the fourteenth day of October, one thousand seven hundred and seventy-five, or which may hereafter be made, of, or with the Indians in this state, shall be valid, unless made under the authority, and with the consent of the legislature. § 13. Such parts of the common law, and of the acts of the legisla- ture of the colony of New York, as together did form the law of the said colony, on the nineteenth day of April, one thousand seven hun- dred and seventy-five, and the resolutions of the congress of the said colony, and of the convention of the state of New York, in force on the twentieth day of April, one thousand seven hundred and seventy- seven, which have not since expired, or been repealed, or altered; and such acts of the legislature of this state, as are now in force, shall be and con- tinue the law of this state, subject to such alterations as the legislature shall make concerning the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this constitution, are hereby abrogated. § 14. All grants of land within this state, made by the king of Great Britain, or persons acting under his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be null and void; but nothing contained in this constitution, shall affect any grants of land within this state, made by the authority of the said king or his predecessors, or shall annul any charters to bodies politic and corporate, by him or them made, before that day; or shall affect any such grants. or charters since made by this state, or by persons acting under its authority; or shall impair the obligation of any debts con- tracted by the state, or individuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of action, or other pro- ceedings in courts of justice. ARTICLE VIII. Section 1. Any amendment or amendments to this constitution, may be proposed in the senate or assembly, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments, shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature then next to be chosen; and shall be published, for three months previous to the time of making such choice; and, if in the legislature next chosen as aforesaid, such proposed amendment, or amendments, shall be agreed to, by two-thirds of all the members elected to each house, then it shall be the duty of the legislature to submit such proposed amendment, or amendments, to the people, in such manner, and at such time, as the legislature shall prescribe; and if the people shall approve and ratify such amendment, or amendments, by a majority of the electors qualified to vote for members of the legis- lature, voting thereon, such amendment, or amendments, shall become part of the constitution. New Toek State Consiitotion of 1821. 69 ARTICLE IX. Section 1. This constitution stall be in force, from the last day of December, in the year one thousand eight hundred and twenty-two. But all those parts of the same, which relate to the right of suffrage; the division of the state, into senate districts; the number of members of the assembly to be elected, in 7 ursuaice of this constitution; the apportionment of members of assembly; the elections hereby directed to commence on the first Monday of November, in the year one thou- sand eight hundred and twenty -two; the continuance of the members of the present legislature in office, until the first day of January, in the year one thousand eight hundred and twenty-three; and the prohibi- tion against authorizing lotteries; the prohibition against appropriating the public moneys, or property, for local or private purposes, or creat- ing, continuing, altering, or renewing any body politic or corporate, without the assent of two-thirds of the members elected to each branch of the legislature, shall be in force, and take effect, from the last day of February next. The members of the present legislature, shall, on the first Monday of March next, take and subscribe an oath or affirma- tion, to support this constituiion, so far as the same shall then be in force. Sheriffs, clerks of counties, and coroners, shall be elected at the election hereby directed to commence on the first Monday of Novem- ber, in the year one thousand eight hundred and twenty-two; but they shall not enter on the duties of their offices, before the first day of January then next following. The commissions of all persons holding civil offices on the last day of December, one thousand eight hundred and twenty-two, shall expire on that day; but the officers then in com- mission, may respectively continue to hold their said offices until new appointments, or elections, shall take place under this constitution. § 2. The existing laws relative to the manner of notifying, holding, and conducting elections, making returns, and canvassing votes, shall be in force, and observed in respect to the elections hereby directed to commence on the first Monday of November, in the year one thousand eight hundred and twenty-two ; so far as the same ar^ applicable. And the present legislature shall pass such other and further laws, as may be requisite for the execution of the provisions of this constitution, in respect to elections. Done in convention, at the Capitol in the city of Albany, the tenth day of November, in the year one thousand eight hundred and twenty-one, and of the independence of the United States of America, the forty-sixth. In witness whereof, we have hereunto subscribed our names. DANIEL D. TOMPKINS, President, and Delegate from the county of Richmond. John F.Bacon, [secretaries. Samobl S. Gaedixse, \ Amendments to Constitution of 1821. FIRST AMENDMENT. That the people of this state in their several towns, shall at their annual election, and in such manner as the legislature shall direct, elect by ballot their justices of the peace, and the justices so elected in any town shall immediately thereafter meet together, and in presence of the supervisor and town clerk of the said town, be divided by lot into four classes, of one in each class, and be numbered one, two, three and four; and the office of number one shall expire at the end of the first year; of number two at the end of the second year; of number three at the end of the third year; and of number four at the end of the fourth year, in order that one juhtii e may thereafter be annually elected; and that so much of the fcventh section of the fourth article of the constitution of this state as is inconsistent with this amendment, be abrogated. SECOND AMENDMENT. That so much of the first section of the second article of the consti- tution as prescribes the qualifications of voters, other than persons of color, be and the same is hereby abolished and that the following be substituted in the place thereof: Every male citizen of the age of twenty-one years, who shall have been an inhabitant of this state one, year next preceding any election, and for the last six months a resident of the county where he may offer his vote, shall be entitled to vote in the town or ward where he actually resides, and not elsewhere, for all officers that now are or hereafter may be elective by the people. [The {ongoing amendments were propo-ed by the legislature In 1825, agreed to by two-thirds of the members elecied to each houxe of the legislature 't lf<2IS, submitted to the people, aqd approved and ratified at an ei> ction held on the lib, 7th and 8th of November, 18^.] THIRD AMENDMENT. That the duties on the manufacture of salt, as established by the act of the fifteenth of April, one thousand eight hundred and seventeen, and by the tenth section of the seventh article of the constitution of this state, may at any time hereafter be reduced by an act of the legis- lature of this state; but shall not, while the same is appropriated and pledged by the said section, be reduced below the sum of six cents upon each and every bushel; and the said duties shall remain inviol^ly appropriated and applied as is provided by the said tenth section : And that so much of the said tenth section of the seventh article of the constitution of this state as is inconsistent with this amendment be abrogated. Amendments to Constitution of 1821. 71 FOURTH AMENDMENT. _At the end of the tenth section of the fourth article of the said oon- stilution, add the following words: "Except in the city of New York, in which city the mayor shall he chosen annually by the electors thereof qualified to vote for the other charter ofBcers of the said city,, and at the time of the election of such officers." [Amendments 8 nnd 4 were proposed by the legislature of 1838, agreed to by two- thirda of the members elected to the 1 gla ature of 1883, subinitted to the peuple and rtvtifled and approved at the election In November, 1833,] FIFTH AMENDMENT. Whenever a sufficient amount of money shall be collected and safely invested for the reimbursement of such part as may then be unpaid of the money borrowed for the construction of the Erie and Champlain canals, the tenth section of the seventh article of the constitution of this state, as far as it relates to the amount of duties on the manufac- ture of salt, and the amount of duties on goods sold at auction, shall cease and determine; and thereafter the duties on goods sold at auction, excepting therefrom the sum of thirty-three thousand five hundred dol- lars otherwise appropriated by the act of the fifteenth of April, one thousand eight hundred and seventeen, and the duties on the manufac- ture of salt, shall be restored to the general fund . (This amendment proposed by the legislature of 1834, afcreed to In 1835, and submitted to the people and rttti&ed ac the electiun held in November, 1835.] SIXTH AMENDMENT. ' Mayors of the several cities in this state, may be elected annually by the male inhabitants entitled to vote for members of the common councils of such cities respectively, in such manner as the legislature shall by law provide; and the legislature may, from time to time, make such provision by law for the election of any one or more of such mayors; but until such provision betaade by law, such mayors (except the mayor of the city of New York,) shall be appointed in the manner now prescribed by the constitution of this state; and so much of the tenth section of article fourth of the constitution of this state, as is inconsistent with this amendment, is hereby abrogated. [This amendment wa' proposed in 1837, agreed to b.v two-thirds nf the members elected to each house in the year 1838, submitted to the people and ratified at the ekction in November, 1838.] The Constitution of the State of New York, adopted November 3, 1846, unamended. Wb, the people of the state of New York, grateful to Almiglity God for our freedom, in order to secure its blessing, do establish this CONSTITUTION. ARTICLE I. Section 1. No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers. § 2. The trial by juiy, in all cases in which it has been heretofore used, shall remain inviolate forever. But a jury trial may be waived by the parties in all civil cases in the manner to De prescribed by law. § 3. I he free exercise and enjoyment of religious pn fession and wor- ship, without discrimination or preference, shall forever be allowed in this state, to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace or safety of this state. § 4. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension. § 5. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall wit- nesses be unreasonably detained. § 6. No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia, when in actual service; and the land and naval forces in time of war, or which this state may keep with the consent of congress in time of peace; and in cases of petit larceny, under the regulation of the legisla- ture), unless on presentment or indictment of a grand jury, and in any trial in any court whatever, the parly accused shall be allowed to appear and defend in person and with counsel, as in civil actions. No person stall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled, in any criminal case, to be a witni ss against him- self; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. § 7. When private property shall be taken for ainy public use, the compensation to be made therefor, when such compensation is not made by the state, shall be asceitaiued by a jury, or by not less than three commissionei s appointed 'by a court of record, as shall be pre- scribed by law. Private roads may be opened in the manner to be New Yoek State Constitution of 1840, Unamended. 73 prescribed by law; but in every case the necessity of the road, and the amount of all damage to be sustained by the opening thereof, shall be hrst determined by a jury of freeholders, and such amount, together ?^'*'i^'^e expenses of the proceeding, shall be paid by the person to be § 8. Every citizen may freely speak, write, and publish his senti- ments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech, or of the press. In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury, that the matter charged as libelous is true, and was pub- lished with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. § 9. The assent of two-thirds of the members elected to each branch of the legislature shall be requisite to every bill appropriating the public moneys or property for local or private purposes. § 10. No law shall be passed abridging the right of the people peace- al ly to assemble, and to petition the government, or any department thereof; nor shall any divoi-ce be granted otherwise than by due jiidoial projeedings; nqr shall any lottery hereafter be authorized, or any sale of lottery tickets allowed within this state. § 11. The people of this state, in their right of sovereignty, are deemed to possess the oiiginal and ultimate property in and to all lands within the jurisdiction of the state; and all lands, the title to ■which shall fuil, from a defect of heirs, shall revert or escheat to the people. § 12. All feudal tenures of every description, with all their incidents, are declared to be aboli-ihed, saving, however, all rents and services certain, which at any time heretofore have been lawfully created or reserved. § 13. All lands within this state are declared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners, according to the nature of their respective estates. § 14. No lease or grant of agricultural land, for a longer period than twelve years, hereafter made, in which shall be reserved any rent or service' of any kind, shall be valid. § 15. All fines, quarter sales, or other like restraints upon alienations, reserved in any grant of land hereafter to be made, shall be void. § 16. No purchase or contract for the sale of lands in this state, made since the fourteenth day of October, one thousand seven hundred and seventy-five; or which may hereafter be made, of, or with the Indians, shall be valid, unless made under ihe authority and with the consent of the legislature. § 1 7. Such parts of tjie common law, and of the acts of the legislature of the colony of New York, as together did form the law of the said colony, on the nineteenth day of April, one thousand seven hundred and seventy-five, and the resolutions of the congress of the said colony, and of the convention of the state of New York, in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed, or altered, and such acts of 74 New Yoek State Constitution of 1846, Unamended. the legislature of this state as are now in force, shall be and continue the law of this state, subject to such alterations as the legislature shall make concerning the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this consti- tution, are hereby abrogated; and the legislature, at its first session after the adoption of this constitution, shall appoint three commissioners, whose duty it shall be to reduce into a written and systematic code the whole body of the law of this state, or so much and such parts thereof as to the said commissioners shall seem practicable and expedient. And the said commissioners shall specify such alterations and amendments therein as they shall deem proper, and they shall at all times make reports of their proceedings to the legislature, when called upon to do so; and the legislature shall pass laws regulating the tenure of office, the filling of vacancies therein, and the compensation of the said com- missioners; and shall also provide for the publication of the said code, prior to its being presented to the legislature for adoption § 18. All grants of land within this state, ma ie by the king of Great Britain, or persons acting under his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be null and void; but nothing contained in this constitution shall affect any grants of land within this stai e, made by the authority of the sa,id king, or his predecessors, or shall annul any charters to bodies politic and cor- porate, by him or them made, before that day; or shall affect any such grants or charters since made by this state, or by persons acting under its authority, or shall impair the obligation of any debts contracted by this state, or individuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice. ARTICLE II. Sectiox 1. Every male citizen of the age of twenty-one years, who shall have been a citizen for ten days, and an inhabitant of this state one year next preceding any election, and for the last four months a resident of the county where he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elected by the people; but such citizen shall have been for thirty days next preceding the election, a resident of the dis- trict from which the officer is to be chosen for whom he offers his vote. But no man of color, unless he shall have been for three years a citizen of this state, and for one year next preceding any election shall have been seized and possessed of a freehold estate of the value of two hun- dred and fifty dollars, over and above all debts and incumbrances charged thereon, and shall have been actually rated and paid a tax thereon, shall be entitled to vote at such election. And no person of color shall be subject to direct taxation unless he shall be seized and possessed of i-uch real estate as aforesaid. [This section was amended In 1864 by addlacr at the end thereot the following:— Provided, that in time of war no elector, in the actual military service of the United States, in the army or navy th reof, vhall be deprived of his v«ite by reason of his absence from the sta'e; and he legislature shall have power to provide the manner in whiuh and the time and place at which such electors may vote, and for the canvass and returns of their vott s in the election district in which they respectively reside or Iherwise. This section was further amended by a vote of the people, November t, 1874, taking efleot January i, 18 6. See post.] New Yokk State Constitutiok of 1P46, Unameitoed. ^^ § 2. Laws may be passed, excluding from the right of suffrage all persons who have been or may be convicted of bribery, larceny, or of any infapious crime; and for depriving every person who shall make, or become directly or indirectly interested in, any bet or wager depend- ing upon the result of any election, from the right to vote at such election. [This section was amended by a vote of the people, November 3, 1874, taking effect January 1,1876. Saepoat.} < b § 3. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while employed in the service of the United states; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almNhouse or other asylum, at public expense; nor while confined in any public prison. § 4. Laws shall be made for ascertaining, by proper proofs, the citi- zens who shall be entitled to the right of suffrage hereby established. § 5. All elections by the citizens shall be by ballot, except for such town oflBcers as may by law be directed to be otherwise chosen. ARTICLE Iir. Section 1. The legislative power of this state shall be vested in a senate and assembly. \ § 2. The senate shall consist of thirty-two members, and the sen- ators shall be chosen for two years. The assembly shall consist of one hundred and twenty-eight mem- bers, who shall be annually elected. § 3. -The state shall be divided into thirty-two districts, to be called senate districts, each of which shall choose one senator. The districts shall be numbered from one to thirty-two inclusive. District number one (1) shall consist of the counties of Suffolk, Rich- mond and Queens. District number two (2) shall consist of the county of Kings. District number three (3), number four (4), number five (5), and num- ber six (6), shall consist of the city and county of New York; and the board of supervisors of said city and county shall, on or before the first day of May, one thousand eight hundred and forty-seven, divide the said city and county into the number of senate districts to which it is entitled, as near as may be of an equal number of inhabitants, excluding aliens and persons of color not taxed, and consisting of con- venient and contiguous territory; and no assembly district shall be divided in the formation of a senate district. The board of supervisor)", when they shall have completed such division, shall cause certificates thereof, stating the number and boundaries of each district and the population thereof, to be filed in the office of the secretary of state, and of the clerk of the said city and county. District number seven (7) shall consist of the counties of Westchester, Putnam and Rockland. District number eight (8) shall consist of the counties of Dutchess and Columbia. 76 New Yoek State Constitution of 1846, Unamended. District number nine (9) shall consist of the counties of Orange and Sullivan. District number ten (10) shall consist of the counties of Ulster and Greene. District number eleven (11) shall consist of the counties of Albany and Schenectady. District number twelve (12) shall consist of the county of Rensselaer. District number thirteen (13) shall consist of the counties of Wash- ington and Saratoga. i^ District number fourteen (14) shall consist of the-jj^nties of Warren, Essex and Clinton. District number fifteen (16) shall consist of the cJl^ties of St. LgjW- rence and Franklin. District number sixteen (16) shall consist of the coun^^ of Herkimer, Hamilton, Fulton and Montgomery. District number seventeen (17) shall consist of the counties of Scho- harie and Delaware. District number eighteen (18) shall consist of the counties of Otsego and Chenango. District number nineteen (19) shall consist of the county\of Oneida. District number twenty (20) shall consist of the counties of Madison and Oswego. District number twenty-one (21) shall consist of the counties of Jefferson and Lewis. District number twenty- two (22) shall consist of the county of Onondaga. District number twenty-three (23) shall consist of the counties of Cortland, Broome and Tioga. District number twenty-four (24) shall consist of the counties of Cayuga and Wayne. District number twenty-five (25) shall consist of the counties of Tompkins, Seneca and Yates. District number twenty-six (26) shall consist of the counties of Steuben and Chemung. District number twenty-seven (27) shall consist of the county of Monroe. District number twenty-eight (28) shall consist of the counties of Orleans, Genesee and Niagara. District number twenty-nine (29) shall consist of the counties of Onlario and Livingston. District number thirty (30) shall consist of the counties of Allegany and Wyoming. District number thirty-one (3 1) shall consist of the county of Erie. District number thirty-two (32) shall consist of the counties of Chautauqua and Cattaraugus. ["■or tbn senate districts as they have existed from the adoption of this constitution to the tailing effect of the New Revised oinstitution, see L. 18T9, chap. 208, E S . 8th ed o 872 and L. 1892, chap. 397, R S , 8th ed., (Supp.) p. 3 83.] , «. o , om eu., p. *,«, auu § 4. An enumeration of the inhabitants of the state shall be taken, under the direction of the legislature, in the year one thousand eight hundred and fifty-five, and at the end of every ten years thereafter; and the said districts shall be so altered by the legislature, at the first New Yoek State Constitution of 1846, Unamended. 17 session after the return of every enumeration, that each senate district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens, and persons of color not taxed; and shall remain unaltered until the return of another enumeration, and shall at all times consist of contiguous territory; and no county shall be divided in the formation of a senate district, except such pounty shall ^be equitably entitled to two or more senators. t ^ § 5. The members of assembly shall be apporti^ed among the several counties of this state, by the legislature, as nearly as may be, according to the number of their respective inhabitants, excluding aliens, and persons of color not taxed, and shall be chosen by single districts. The several boards of supervisors in such counties of this state, as are now entitled to more than one member of assembly, shall assemble on the first Tuesday of January next, and divide their respective counties into assembly districts, equal to the number of members of assembly to which such counties are now severally entitled by law, and shall cause to be filed in the offices of the secretary of state and the clerks of their respective counties, a description of such assem- bly districts, specifying the number of each district and the population thereof, according to the last preceding state enumeration, as near as can be ascertained. Each assembly district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens, and persons of color not taxed,' and shall 6onsist of convenient and contiguous terri- tory; but no town shall be divided in the formation of assembly districts. The legislature, at its first session after the return of every enumera- tion, shall reapportion the members of assembly among the several counties of this state, in manner aforesaid; and the boards of super- visors in such counties as may be entitled, under such reapportion- ment, to more than one member, shall assemble at such time as the legislature making such reapportionment shall prescribe, and divide such counties into assembly districts, in the manner herein directed; and the apportionment and districts so to be made shall remain unal- tered until another enumeration shall be taken, under the provisions of the preceding section. Every county heretofore established and separately organized, except the county of Hamilton, shall always be entitled to one member of the assembly, and no new county shall hereafter be erected, unless its popu- lation shall entitle it to a member. The county of Hamilton shall elect with the county of Fulton, until the population of the county of Ham- ilton shall, according to the ratio, be entitled to a member. [This section was amended by a vote of the people, November 3, 1874, talking effect January 1, 1875. Seeijos*.] § 6. The members of the legislature shall receive for their services a sum not exceeding three dollars per da^^, from the commencement of the session, but such pay shall not exceed in the ag:gregate three hundred dollars per diem allowance, except in proceedings for impeachment. The limitation as to the aggregate compensation shall not take effect until the year one thousand eight hundred and forty-eight. "When con- vened in extra session by the governor, they shall receive three dollars per day. They shall also receive the sum of one dollar for every ten 7S ISTew York State Constitution of 1846, Unamended. miles they shall travel, in going to and returning from their place of meeting on the most usual route. The speaker of the assembly shall, in virtue of his offioe, receive an additional compensation equal to one-third of his per diem allowance as a member. [This seeti n was amended by a vote of the people, November 8, 1874, taking effect January 1, 1875. See post ] § 7. No member of the legislature shall receive any civil appointment within this state, or to the senate of the United States, from the gov- ernor, the governor and senate, or from the legislature, during the term for which he shall have been elected; and all such appointments, and all votes given for any such member, for any such office or appoint- ment, shall be void. [This section was amended by a vote of the people, November 3, 1874, taking effect January 1, 18; ^. See post.] § 8. No person being a member of congress, or holding any judicial or military office under the United States, shall hold a seat in the legis- lature; and if any person shall, after his election as a member of the legislature, be elected to congress, or appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat. [This section was amended by a vote of the people, November 3, 1874, taking effect January 1, 1875. Seepos*.] § 9. The elections of senators and members of assembly, pursuant to the provisions of this constitution, shall be held on the Tuesday suc- ceeding the first Monday of November, unless otherwise directed by the legislature. § 10. A majority of each house shall constitute a quorum to do busi- ness. Each house shall determine the rules of its own proceedings and be the judge of the elections, returns and qualifications of its own members; shall choose its own officers; and the senate shall choose a temporary president, when the lieutenant-governor shall not attend as president, or shall act as governor. § 11. Each house shall keep a journal of its proceedings and publish the same, except such parts as may require secrecy. The doors of each house shall be kept open, except when the public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days. § 1 2. For any speech or debate in either house of the legislature the members shall not be questioned in any other place. § 13. Any bill may originate in either house of the legislature, and all bills passed by one house may be amended by the other. § 14. The enacting clause of all bills shall be "The People of the State of New York, represented in senate and assembly, do enact as follows," and no law shall be enacted except by bill. § 15. No bill shall be passed unless by the assent of a majority of all the members elected to each branch of the legislature, and the question upon the final passage shall be taken immiediately upon its last reading, and the yeas and nays entered on the journal. New Yoek State Constitution of 1846, Unamended. 79 \.%}^' ^° private or local bill, which may be passed by the legislature, shall embrace more than one subject, and that shall be expressed in the title. ^ § 1 7. The legislature may confer upon the boards of supervisors of the several counties of the state, such further powers of local legislation and administration, as they shall from time to time prescribe. [Sections 18-2% inclusive, were added to this artic e by an amendment adopted by a vote of the people, November 8, 1874, taking effect January 1, 1875. See post.] ARflCLE IV. Skction 1. The executive power shall be vested in a governor, who shall hold his office for two years; a lieutenant governor shall be chosen at the same time and for the same term. § 2. No person, except a citizen of the United States, shall be eligible to the office of governor, nor shall any person be eligible to that office who shall not have attained the age of thirty years, and who shall not have been, five years next preceding his election, a resident within this state. [Sections 1 and 2 were amended by a vote of the people, November 3, 1874, taklnc effect Janu- ary 1, 1875. Bee post] *• «- . • . s § 3. The governor and lieutenant-governor shall be elected at the it mes and places of choosing members of the assembly. The persons respectively having the highest number of votes for governor and lieu- tenant-governor, shall be elected; but in case two or more shall have an equal and the highest number of votes for governor, or for lieutenant- governor, the two houses of the legislature, at its next annual session, shall, forthwith, by joint ballot, choose one of the said persons so hav- ing an equal and the highest number of votes for governor, or lieuten- ant-governor. § 4. The governor shall be commander-in-chief of the military and naval for(\e8 of the state. He shall have power to convene the legisla- ture (or the senate only) on extraordinary occasions. He shall com- municate by message to the legislature, at every session, the condition of the state, and recommend such matters to them as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed. He shall, at stated times, receive for his services a compensation to be established by law, which shall neither be increased nor diminished after his election, or during his continuance in office. [Section 4 was amended by a vote of the people, November 8, 1874; taking effect January 1, 187S. See post] § 5. The governor shall have the power to grant reprieves, commuta- tions, and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions / 80 New Yokk State Constitution of 1846, Unamended. and limitations as he may think proper, subject to such regulation as may be provided by law relative to the manner of applying for pardons. Upon conviction of treason, he shall have power to suspend the execu- tion of the sentence, until the case shall be reported to the legislature at its next meeting, when the legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall annually communicate to the legislature each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve. § 6. In case of the impeachment of the governor, or his removal from office, death, inability to discharge the powers and duties of the said oiEce, resignation, or absence from the state, the powers and duties of the office shall devolve upon the lieutenant governor for the residue of the term, or until the disability shall cease. But when the governor shall, with the consent of the legislature, be out of the state in time of war, at the head of a military force thereof, he shall continue com- mander-in-chief of all the military force of the state. § 1. The lieutenant-governor shall possess the same qualifioations of eligibility for office as the governor. He shall be president of the senate, but shall have only a casting vote therein. If during a vacancy of the office of governor, the lieutenant-governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or he be absent from the state, the president of the senate shall act as governor, until the vacancy be filled, or the disability shall cease. § 8. The lieutenant-governor shall, while acting as such, receive a compensation which shall be fixed by law, and which shall not be increased or diminished during his continuance in office. [Section 8 was amended by a vote of the people, November 3, 1874, taking effect January 1 1875. Seepost] § 9. Every bill which shall have passed the senate and assembly shall, before it becomes a law, be presented to the governor; if he approve he shall sign it; but if not, he shall return it with his objections to that house in which it shall have originated; who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of all the members present, it shall become a law, notwith- standing the objections of the governor. But in all such cases, the votes of both houses shall be determined by ayes and nays, and the names of the members voting for and against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like man- ner as if he had signed it, unless the legislature shall, by their adjourn- ment, prevent its return; in which case it shall not be a law. [This section was amended by a vote of the people, November 3, 1874, taking effect January 1,1875. Seepost] ' New Yoek State Oonstitutiok of 1846, Unamendbd. 81 ARTICLE V. Sbctiox 1. The secretary of state, comptroller, treasurer, and attor- ney-general, shall be chosen at a general election, and shall hold their offices for two years. Each of the officers in this article named (except the speaker of the assembly) shall, at stated times, during his continu- ance in office, receive for his services a compensation, which shall not be increased or diminished during the term for which he shall have been elected ; nor shall he receive, to his use, any fees or perquisites of office, or other compensation. § 2. A state engineer and surveyor shall be chosen at a general election, and shall hold his office two yf ars, but no person shall be elected to said office who is not a practical engineer. § 3. Three canal commissioners shall be chosen at the general election which shall be held next after the adoption of this constitution, one of whom shall hold his office for one year, one for two years, and one for three years. The commissioners of the canal fund shall meet at the capitol on the first Monday of January next after such election, and determine bv lot which of said commissioners shall hold his office for one year, which for two, and which for three years; and there shall be elected annually thereafter, one canal commissioner, who shall hold his office for three years. [This section was amended by a vote ot the people, NoTember 7, 1876; taking effect January 1, 1877. See post] 4. Three inspectors of state prisons shall be elected at the general election, which shall be held next after the adoption of this constitution, one of whom shall hold his office for one year, one for two years, and one for three years. The governor, secretary of state and comptroller, shall meet at the capitol on the first Monday of January next succeeding such election, and determine by lot which of said inspectors shall hold his office for one year, which for two, and which for three years; and there shall be elected annually thereafter, one inspector of state prisons, who shall hold his office for three years; said inspectors shall have the charge and superintendence of the state prisons, and shall appoint all the officers therein. All vacancies in the office of such inspector shall be filled by the governor, till the next election. [This section was amended by a vote ot tie peope, November 7, 1876, taldng effect Jannary 1, 1877. ireepoBt.] 8 5. The lieutenant-governor, speaker of the assembly, secretary of state, comptroller, treasurer, attorney-general and state engineer and surveyor, shall be the commissioners of the land office. The lieutenant-governor, secretary of state, comptroller, treasurer and attorney-general, shall be the commissioners of the canal fund. The canal board shall consist of the commissioners of the canal fund, the state engineer and surveyor, and the canal commissioners. 8 The powers and duties of the respective boards, and of the several officers in this article mentioned, shall be such as now are or hereafter may be prescribed by law. 11 82 New Yoek State Cottstittition or 1846, Unamended. 8 1. The treasurer may be suspended from office by the governor, during the recess of the legislature, and until thirty days after the commencement of the next session of the legislature, whenever it shall appear to him that such treasurer has, in any particular, violated his duty. The governor shall appoint a competent person to discharge the duties of the office, during such suspension of the treasurer. § 8. All offices for the weighing, gauging, measuring, culling or inspecting , any merchandise, produce, manufacture or commodity, whatever, are hereby abolished, and no such office shall hereafter be created by law; but nothing in this section contained, shall abrogate any office created for the purpose of protecting the public health or the interests of the state in its property, revenue, tolls or purchases, or of supplying the people with correct standards of weights and measures, or shall prevent the creation of any office for such purposes hereafter. AETICLE VI. TAll of article VI wa4 amended by the constitutional convention of 1867 and ratified by the vote of the people at a general election held November 8, 1889. See post.'] Skction 1. The assembly shall have the power of impeachment, by the vote of the majority of all the members elected. The court for the trial of impeachments shall be composed of the president of the senate, the senators, or a major part of them, and the judges of the court of appeals, or the major part of them. On the trial of an impeach- ment against the governor, the lieutenant-governor shall not act as a member of the court. No judicial officer shall exercise his office after he shall have been impeached, until he shall have been acquitted. Before the trial of an impeachment, the members of the court shall lake an oath or affirmation, truly and impartially to try the impeach- ment, according to the evidence; and no person shall be convicted, without the concurrence of two-thirds of the members present. Judg- ment in cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold and enjoy any office of honor, trust, or profit, under this state; but the party impeached shall be liable to indictment and punishment accord- ing to law. § 2. There shall be a court of appeals, composed of eight judges, of whom four shall be elected by the electors of the state for eight years, and four selected from the class of justices of the supreme court having the shortest time to serve. Provision shall be made by law, for desig- nating one of the number elected, as chief judge, and for selecting such justices of the supreme court, from time to time, and for so classifying those elected, that one shall be elected every second year. § 3. There shall be a supreme court having general jurisdiction in law and equity. § 4. The state shall be divided into eight judicial districts, of which the city of New York shall be one; the others to be bounded by county lines, and to be compact and equal in population as nearly as may be. There shall be four justices of the supreme court in each district, and as many more in the district composed of the city of New York, as may from time to time be authorized by law, but not to exceed in the whole such number in proportion to its population, as shall be in conformity New Tobk State Constitution of 1846, Unamended. 83 with the number of such judges in the residue of the state, in propor- tion to its population. They shall be classified so that one of the justices of each district shall go out of office at the end of every two years. After the expiration of their terms under such classification, the term of their office shall be eight years. § 5. The legislature shall have the same powers to alter and regulate the jurisdiction and proceedings in law and equity as they have hereto- fore possessed. _ § 6. Provision may be made, by law, for designating, from time to time, one or more of the said justices, who is not a Judge of the court of appeals, to preside at the general terms of the said court to be held in the several districts. Any three or more of the said justices, of whom one of the said justices so designated shall always be one, may hold such general terms. Any one or more of the justices may hold special terms, and circuit courts, and any one of them may preside in courts of oyer and terminer in any county. § 7. The judges of the court of appeals and justices of the supreme court shall severally receive, at stated times, for their services, a com- pensation, to be established by law, which shall not be increased or diminished during their continuance in office. § 8. They shall not hold any other office or public trust. All votes for either pf them for any elective office (except that of justice of the supreme court or judge of the court of appeals) given by the legisla- tu re or the people shall be Void. They shall not exercise any power of appointment to public office. Any male citizen, of the age of twenty- one years, of good moral character, and ' who possesses the requisite qualifications of learning and ability, shall be entitled to admission to practice in all the courts of this state. § 9. The classification of the justices of the supreme court, the times and place of holding the terms of the court of appeals, and of the gen- eral and special terms of the supreme court, within the several districts, and the circuit courts and courts of oyer and terminer, within the sev- eral counties, shalll be provided for by law. § 10. The testimony in equity cases shall be taken in like manner as in eases at law. § 11. Justices of the supreme court and judges of the court of appeals may be removed by concurrent resolution of both houses of the legislature, if two-thirds of all the members elected to the assembly and a majority of all the members elected to the senate concur therein. All judicial officers, except those mentioned in this section, and except justices of the peace and judges and justices of inferior courts, not of record, may be removed by the senate on the recommendation of the governor; but no removal shall be made by virtue of this section, unless the cause thereof be entered on the journals, nor unless the party complained of shall have been served with a copy of the com- plaint against him, and shall have had an opportunity of being heard in his defense. On the question of removal the ayes and noes shall be entered on the journals. § 12. The judges of the court of appeals shall be elected by the electors of the state, and the justices of the supreme court by the elect- ors of the several Judicial districts, at such times as may be prescribed by law. 84 New Toek State Constitution of 1846, "Unamended. § 13. In case tlie office of any judge of the court of appeals or jus- tice of the supreme court shall become vacant before the expiration of the regular term for which he was elected the vacancy may be filled by appointment by the governor until it shall be supplied at the next general election of judges, when it shall be filled by election for the residue of the unexpired term. § 14. There shall be elected in each of the counties of this state, except the city and county of New York, one county judge, who shall hold his office for four years. He shall hold the county court and per- form the duties of the office of surrogate. The county court shall have such jurisdiction, in cases arising in justices' courts, and in special cases, as the legislature may prescribe, but shall have no original civU jurisdiction except in such special cases. The county judge, with two justices of the peace, to be designated according to law, may hold courts of sessions, with such criminal juris- diction as the legislature shall prescribe, and perform such other duties as may be required by law. The county judge shall receive an annual salary, to be fixed by the board of supervisors, which shall be neither increased nor diminished during his continuance in office. The justices of the peace, for services in courts of sessions, shall be paid a per diem allowance out of the county treasury. In counties having a population exceeding forty thousand, the legis- lature may provide for the election of a separate officer to perform the duties of the office of surrogate. The legislature may confer equity jurisdiction in special cases upon the county judge . Inferior local courts of civU and criminal jurisdiction may be estab- lished by the legislature in cities; and such courts, except for the cities of New York and Buffalo, shall have an uniform organization and juris- diction in such cities. § 15. The legislature may, on application of the board of super- visors, provide for the election of local officers, not to exceed two in any county to discharge the duties of county judge and of surrogate, in cases of their inability, or of a vacancy, and to exercise such other powers in special cases as may be provided by law. § 16. The legislature may reorganize the judicial districts at the first session after the return of every enumeration under this constitu- tion, in the manner provided for in the fourth section of this article, and at no other time; and they may at such session increase or diminish the number of districts; but such increase or diminution shall not be more than one district at any one time. Each district' shall have four justices of the supreme court; but no diminution of the districts shall have the effect to remove a judge from office. § 17. The electors of the several towns shall at their annual town meeting, and in such manner as the legislature may direct, elect justices of the peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full tei-m, they shall hold for the residue of the unexpired term. Their number and classification may be regulated by law. Justices of the peace and judges or justices of inferior courts, not of record, and their clerks, may be removed after due notice, and an opportunity of being heard in their New Toek State Constitution of 1846, Unamended. 85 defense by such county, city, or state courts as may be prescribed by law, for causes to be assigned in the order of removal § 18. All judicial officers of cities and villages, and all such judicial officers as may be created therein by law, shall be elected at such times and m such manner as the legislature may direct. § 19. Clerks of the several counties of this state shall be clerks of the supreme court, with such powers and duties as shall be prescribed by law. A clerk of the court of appeals, to be ex-officio clerk of the supreme court, and to keep his office at the seat of government, shall be chosen by the electors of the state; he shall hold his office for three years, and his compensation shall be fixed by law and paid out of the public treasury. § 20. No judicial officer, except justices of the pea;ce shall receive, to his own use, any fees or perquisites of office. §21. The legislature may authorize the judgments, decrees, and decisions of any local inferior court of record, of original civil jurisdic- tion, established in a city, to be removed, for review, directly into the court of appeals. § 22. The legislature shall provide for the speedy publication of all statute laws, and of such judicial decisions as it may deem expedient. And all laws and judicial decisions shall be free for publication by any person. § 23. Tribunals of conciliation may be established, with such powers and duties as may be prescribed by law; but such tribunals shall have no power t5 render judgment to be obligatory on the parties, except they voluntarily submit their matters in difference and agree to abide the judgment, or assent thereto, in the presence of such tribunal, in such cases as shall be prescribed by law. § 24. The legislature, at its first session after the adoption of this constitution, shall provide for the appointment of three commissioners, whose duty it shall be to revise, reform, simplify and abridge the rules of practice, pleadings, forms and proceedings of the courts of record of this state, and to report thereon to the legislature, subject to their adoption and modification from time to time. § 25. The legislature, at its first session after the adoption of this constitution, shall provide for the organization of the court of appeals, and for transferring to it the business pending in the court for the correction of errori?, and for the allowance of writs of error and appeals to the court of appeals, from the judgments and decrees of the present court of chancery and supreme court, and of the courts that may be organized under this constitution. ARTICLE VII. Section 1. After paying the expenses of collection, superintendence and ordinary repairs, there shall be appropriated and set apart, in each fiscal year, out of the revenues of the state canals, in each year, com- mencing on the first day of June, one thousand eight hundred and forty-six, thu sum of one million aad three hundred thousand dollars, until the first day of June, one thousand eight hundred and fifty-five, and from that time, the sum of one million and seven hundred thousand dollars, in each fiscal year, as a sinking fund, to pay the interest and 86 New Toek State Conbtitution of 1846, Unamended redeem the principal of that part of the state debt called the canal debt, as it existed at the lime first aforesaid, and including three hundred thou- sand dollars, then to be borrowed, until the tame shall be wholly paid; and the principal and income of the said sinking fund shall be sacredly- applied to that purpose. § 2. After complying with the provisions of the first section of this article there shall be appropriated and set apart out of the surplus reve- nues of the state canals in each fiscal year, commencing on the first day of June, one thousand eight hundred and forty-six, the sum of three hundred and fifty thousand dollars, until the time when a sufficient sum shall have been appropriated and set apart, under the said first section, to pay the interest and extinguish the entire principal of the canal debt ; and after that period, then the sum of one million and five hun- dred thousand dollars in each fiscal year, as a sinking fund, to pay the interest and redeem the principal of that part of the state debt called the general fund debt, including the debt for loans of the state credit to railroad companies, which have failed to pay the interest thereon, and also the contingent debt on state stocks loaned to incorporated companies which have hitherto paid the interest thereon, whenever, and as far as any part thereof may become a charge on the treasury or general fund until the same shall be wholly paid ; and the principal and income of the said last-mentioned sinking fund shall be sacredly applied to the purpose aforesaid ; and if the payment of any part of the moneys to the said sinking fund shall at any time be deferred, by reason of the priority recognized in the first section of this article, the sum so deferred, with quarterly interest thereon at the then current rate, shall be paid to the last-mentioned sinking fund, as soon as it can be done consistently with the just rights of the creditors holding said canal debt. § 3. After paying the said expenses of superintendence and repairs of the canals, and the sums appropriated by the first and second sections of this article, there shall be paid out of the surplus revenues of the canals to the treasury of the state, on or before the thirtieth day of September in each year, for the use and benefit of the general fund, such sum, not exceeding two hundred thousand dollars, as may be required to defray the necessary expenses of the state; and the remain- der of the revenues of the said canals shall in each fiscal year be applied in such manner as the legislature shall direct to the completion of the Erie canal enlargement and the Genesee Valley and Black River canals, until the said canals shall be completed. If at any time after the period of eight years from the adoption of this constitution, the revenues of the state, unappropriated by this article, shall not be sufficient to defray the necessary expenses of the government, without continuing or laying a direct tax, the legislature may, at its discretion, supply the deficiency in whole or in part from the surplus revenues of the canals, after complying with the provisions of the first two sections of this article for paying the interest and extinguishing the principal of the oanal and general fund debt; but the sum thus appropriated from the surplus revenues of the canals shall not exceed annually three hundred and fifty thousand dollars, including the sum of two hundred thousand dollars provided for by this section for the expenses of the government, until the general fund New Toek State Constitution of 1846, Unamended. 87 debt shall be extinguished, or until the Erie canal enlargement and Genesee Valley and Black River canals shall be completed, and after that debt shall be paid, or the said canals shall be completed, then the sum of six hundred and seventy-two thousand five hundred dollars, or so much thereof as shall be necessary, may be annually appropriated to defray the expenses of the government. [Section 8 was amended by a Tote of the people, November 7, 1883, taking effect January 1, 1883 ] § 4. The claims of the state against any incorporated company to pay the interest and redeem the principal of the stock of the state, loaned or advanced to such company, shall be fairly enforced, and not released or compromised; and the moneys arising from such claims shall be set apart and applied as part of the sinking fund provided in the second section of this article. But the time limited for the ful- fillment of any condition of any release or compromise heretofore made or provided for, may be extended by law. § 5. If the sinking funds, or either of them, provided in this article, shall prove insufficient to enable the state, on the credit of such fund to procure the means to satisfy the claims of the creditors of the state, as they become payable, the legislature shall, by equitable taxes, so increase the revenues of the said funds as to make them, respectively, sufficient perfectly to preserve the public faith. Every contribution or advance to the canals or their debt from any source other than their direct revenues, shall, with quarterly interest, at the rates then current, be repaid into the treasury, for the use of the state, out of the canal revenues, as soon as it Can be done consistently with the just rights of the creditors holding the said canal debt. [Section 6 was amended by the vote of the people, November 7, 1888, taking effect January 1, 1883 Seepost.] § 6. The legislature shall not sell, lease, or otherwise dispose of any of the canals of the state, but they shall remain the property of the state, and under its management forever. [Section 6 was amended by the vote of the people, November 7,'1883, taking effect January 1 1883 Seepost] § 1. The legislature shall never sell or dispose of the salt springs belonging to this state. The lands contiguous thereto, and which may be necessary and convenient for the use of the salt springs, may be sold by authority of law, and under the direction of the commissioners of the land office, for the purpose of investing the moneys arising there- from in other lands alike convenient; but by such sale and purchase the • aggregate quantity of these lands shall not be diminished. § 8. No moneys shall ever be paid out of the treasury of this state or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law; nor unless such payment be made within two years next after the passage of such appropriation act; and every such law, making a new appropriation or continuing or reviving an appropriation, shall distinctly specify the sum appropriated and the object to which it is to be applied; and it shall not be sufficient for such law to refer to any other law to fix such sum. 88 New Toek State Constitution of 1846, Unambhdbd. § 9. The credit of the state shall not, in any manner, be given or loaned to, or in aid of, any individual, association or corporation. § 10. The state may, to meet casual deficits or failures in revenues, or for expenses not provided for, contract debts, but such debts direct and contingent, singly or in the aggregate, shall not at any time exceed one million of dollars; and the moneys arising from the loans creating such debts, shall be applied to the purpose for which they were obtained, or to repay the debt so contracted, and to no other purpose whatever. § 1 1. In addition to the above limited power to contract debts, the state may contract debts to repel invasion, suppress insurrection, or defend the state in war; but the money arising from the contracting of such debts shall be applied for the purpose for which it was raised, or to repay such debts, and to no other purpose whatever. § 12. Except the debts specified in the tenth and eleventh sections of this article, no debt shall be hereafter contracted by or on behalf af this state, unless such debt shall be authorized by a law for some single work or object to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax, to pay and sufficient to "pay the interest on such debt as it falls due, and also to pay and dis- charge the principal of such debt within eighteen years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it at such election. On the final passage of such bill in either house of the legislature, , the question shall be taken by ayes and noes to be duly entered on the journal thereof, and shall be: "Shall this bill pass and ought the same to receive the sanction of the people ? " The legislature may, at any time after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same ; and may at any time, by law, forbid the contracting of any further debt or liability under such law; but the tax imposed by such act, in proportion to the debt and liability, which may have been contracted in pursuance of such law, shall remain in force and be irrepealable, and be annually collected, until the proceeds thereof shall have made the provisions hereinbefore specified to pay and discharge the interest and principal of such debt and liability. The money arising from any loan or stock creating such debt or liability, shall be applied to the work or object specified in the act authorizing such debt or liability, or for the repayment of such debt or liability, and for no other purpose whatever. No such law shall be submitted to be voted on within three months after its passage, or at any general election when any other law, or any bill, or any amendment to the constitution, shall be submitted to be voted for or against. § 13. Every law which imposes, continues or revives a tax, shall dis- tinctly state the tax and the object to which it is to be applied, and it shall not be sufficient to refer to any other law to fix such tax or object. § 14. On the final passage in either house of the legislature of every act, which imposes, continues or revives a tax, or creates a debt or charge or makes, continues or revives any appropriation of public or New Yoek State Constitution of 184:6, TTnamendbd. 89 trust money, or property, or releases, discharges or commutes any claim or demand of the state, the question shall be taken by ayes and °o^\which shall be duly entered on the journals, and three-fifths of all the members elected to either house, shall, in all such cases, be necessary to constitute a quorum therein. Jmimry°?V87*'"* ^^ ^"^^ amended by a vote of the people November 8, 1874, taking effect These sections were by the same amendment made sections SO and SI of article III. See j)o«*.] ARTICLE VIII. Section 1. Corporations may be formed under general laws; but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment of the legislature, the objects of the corporation cannot be attained ur.der general Jaws. All general laws and special acts passed pursuant to this section may be altered from time to time, or repealed. § 2. Dues from corporations shall be secured by such individual liabil- ity of the corporators and other means as may be prescribed by law. § 3. The term corj)oration, as used in this article, shall be construed to include all associations and joint stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue, and shall be subject to be sued in all courts, in like cases as natural persons. § 4. The legislature shall have no power to pass any act granting any special charter for banking purposes; but corporations or' associations may be formed for such purposes under general laws. [Section 4 was amended by the vote of the people, November 3, 1874, taking effect January 1, 187B. See post} § 5. The legislature shall have no power to pass any law sanctioning in any manner, directly or indirectly, the suspension of specie pay- ments by any person, association or corporation issuing bank notes of any description. § 6. The legislature shall provide by law for the registry of all bills or notes issued or put in circulation as money, and shall require ample security for the redemption of the same in specie. « § 7. The stockholders in every corporation and joint-stock associa- tion for banking purposes, issuing bank notes or any kind of paper credits, to circulate as. money, after the first day of January, one thousand eight hundred and fifty, shall be individually responsible, to the amount of their respective share or shares of stock in any such corporation or association, for all its debts and liabilities of every kind contracted after said first day of January, one thousand eight hundred and fifty. § 8. In case of the insolvency of any bank or banking association, the billholders thereof shall be entitled to preference in payment, over all other creditors of such bank or association. § 9. It shall be the duty of the legislature to provide for the organi- zation of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning 12 90 New Tobk State Constitittion of 1846, IlNAMEirDBD. their credit, so as to prevent abuses in assessments, and in contracting debt by such municipal corporations. [SecUone 10 and 11 were added to this article by vote of the people Norember 3, 1674, taldng effect January 1, i87S. See pos* Section 11 was agaia amended by a vote o( the people, November 4, 1884, taking efCeut January 1, 1885.] ARTICLE IX. Section 1. The capital of the common school fund, the capital of the literature fund, and the capital of the United States deposit fund shall be respectively preserved inviolate. The revenues of the said common school fund shall be applied to the support of common schools; the revenues of the said literature fund shall be applied to the support of academies; and the sum of twenty-five thousand dollars of the revenues of the United States deposit fund shall each year be appropriated to and made a part of the capital of the said common school fund. ARTICLE X. Section 1. SherifEs, clerks of counties, including the register, and clerk of the city and county of New York, coroners and district attor- neys shall be chosen by the electors of the respective counties once in every three years, and as often as vacancies shall happen. Sheriffs shall hold no other office, and be ineligible for the next three years after the termination of their offices. They may be required by law to renew their security from time to time ; and in default of giving such .new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. The governor may remove any officer in this section m^entioned, within the term for which he shall have been elected; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense. § 2. All county officers whose election or appointment is not provided for by this constitution, shall be elected by the electors of the respective counties, or appointed by the boards of supervisors or other county authorities, as the legislature shall direct. All city, town and village officers whose election or appointment is not provided for by this con- stitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof as thg legislature shall designate for that purpose. All other officers whose Election or appointment is not provided for by this con- stitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the legislature may direct. § 3. When the duration of any office is not provided by this consti- tution, it may be declared by law, and if not so declared, such office shall be held during the pleasure of the authority making the appointment . § 4. The time of electing all officers named in this article shall be prescribed by law. § 6. The legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy. New Toek State CoNSxiTxnioN of 184-6, ITnamended. 91 § 6. The political year and legislative term shall begin on the first day of January, and the legislature shall, every year, assemble on the first Tuesday in January, unless a different day shall be appointed by law. ^ 1. Provision shall be made by law for the removal for misconduct or malversation in office, of all officers (except judicial) whose powers and duties are not local or legislative, and who shall be elected at general elections, and also for supplying vacancies created by such removal. § 8. The legislature may declare the cases in which any office shall be deemed vacant, when no provision is made for that purpose in this constitution. [Section 9 was added by a vote of the people, November 3, 1874, taking effect January 1, 1875- See post.] ARTICLE XI. Section 1. The militia of this state shall, at all times hereafter, be armed and disciplined and in readiness for service; but all such inhabit- ants of this state of any religious denomination whatever, as from scruples of conscience may be adverse to bearing arms, shall be excused therefrom upon such conditions as shall be prescribed by law. § 2. Militia officers shall be chosen or appointed as follows: Captains, subalterns and non commissioned officers shall be chosen by the written votes of the members of their respective companies. Field officers of regiments and separate battalions by the written votes of the commis- sioned officers of the respective regiments and separate battalions; brig- adier-generals and brigade inspectors by the field officers of their respect- ive brigades; major-generals, brigadier-generals and commanding officers of regiments or separate battalions, shall appoint the staff officers to their respective divisions, brigades', regiments or separate battalions . § 3. The governor shall nominate, and with the consent of the senate, appoint all major-generals and the commissary-general. The adjutant- general and other chiefs of staff departments, and the aide de-camp of the commander-in-chief shall be appointed by the governor, and their commissions shall expire with the time for which the governor shall haie been elected. The commissaiy-general shall hold his office for two years. He shall give security for the faithful execution of the duties of his office, in such manner and amount as shall be prescribed by law, § 4. The legislature shall, by law, direct the time and manner of electing militia officers, and of certifying their elections to the gov- ernor. § 5. The commissioned officers of the militia shall be commissioned by the governor; and no commissioned officer shall be removed from office unless by the senate, on the recommendation of the governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial, pursuant to law. The present officers of the militia shall hold their commissions, subject to removal, as before provided. § 6. In case the mode of election and appointment of militia officers hereby directed shall not be found conducive to the improvement of the militia the legislature may abolish the same and provide by law for their appointment and removal, if two-thirds of the members present in each house shall concur therein. 92 ITbw Yoek State Oonstitutioit of 1846, TJitamended. AETICLE XII. SECTioiir 1. Members of the legislature, and sdl oflScers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and sub- scribe the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be) that I will sup- port the constitution of the United States and the constitution of the state of New York; and that I will faithfully discharge the duties of the office of , according to the best of my ability." And no other oath, declaration or test shall be required as a quali- fication for any office or public trust. [This section was amended by a vote of the people, November 3, 1874, taking effect January 1 1875. Seejpoat] ARTICLE XIII. Section 1. Any amendment or amendments to this constitution may be proposed in the senate and assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals with the yeas and nays taken thereon, and referred to the legislature, to be chosen at the next general election of senators, and shall be pub- lished for three months previous to the time of making such choice; and if in the legislature so next chosen as aforesaid such proposed amend- ment or amendments shall be agreed to by a majority of all the mem- bers elected to each house, then it shall be the duty of the legislature to submit such proposed amendment or amendments to the people, in such manner and at such times as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors qualified to vote for members of the legislature, voting thereon, such amendment or amendments shall become part of the constitution. § 2. At the general election, to be held in the year eighteen hundred and sixty-six, and in each twentieth year thereafter, and also at such time as the legislature may by law provide, the question " shall there be a convention to revise the constitution, and amend the same?" shall be decided by the electors qualified to vote for members of the legislature; and in case a majority of the electors so qualified, voting at such elec- tion, shall decide in favor of a convention for such purpose, the legisla- ture at its next session shall provide by law for the election of delegates to such convention. [Pursuant to this section the people voted for a convention in 1866, which was held in 1887 and a new constitution was proposed which was voted upon in parts and all rejected except arti- cle 6, sections 1 to 87, inclusive, at the general election held November 2, 1869. See post.] ARTICLE XIV. Section 1. The first election of senators and members of assembly, pursuant to the provisions of this constitution, shall be held on the Tuesday succeeding the first Monday of November, one thousand eight hundred and forty-seven. The senators and members of assembly who may be in office on the first day of January, one thousand eight hundred and forty-seven, shal, New Yoek State CoNSTiTTmoii of 1846, Unamended. 93 hold their oiBce until and including the thirty-first day of December following, and no longer. § 2. The first election of governor and lieutenant-governor, under this constitution, shall be held on the Tuesday succeeding the first Monday of November, one thousand eight hundred and forty -eight; and the governor and lieutenant-governor in ofiice when this constitution shall take effect, shall hold their respective ofBces until and including the thirty-first day of December of that year. § 3. The secretary of state, comptroller, treasurer, attorney-general, district attorneys, surveyor-general, canal commissioners, and inspectors of state prisons, in office when this constitution shall take effect, shall hold their respective ofiices until and including the thirty-first day of December, one thousand eight hundred and forty-seven, and no longer. § 4, The first election of judges and clerk of the court of appeals, justices of the supreme court, and county judges, shall take place at such time, between the first Tuesday of April and the second Tuesday of June, one thousand eight hundred and forty-seven, as may be pre- scribed by law. The said courts shall, respectively, enter upon their duties on the first Monday of July, next thereafter; but the term of office of said judges, clerk and justices, as declared by this constitution, shall be deemed to commence on the first day of January, one thousand eight hundred and forty-eight. § 5. On the first Monday of July, one thousand eight hundred and forty-seven, jurisdiction of all suits and proceedings then pending in the present supreme court and court of chancery, and all suits and pro- ceedings originally commenced and then pending in any court of com- mon pleas (except in the city and county of New York), thall become vested in the supreme court hereby established. Proceedings pending in courts of common pleas, and in suits originally commenced in jus-, tices' courts, shall be transferred to the county courts provided for in this constitution, in such manner and form and under such regulations as shall be provided by law. The courts of oyer and terminer hereby established shall, in their respective counties, have jurisdiction on and after the day last mentioned of all indictments and proceedings then pending in the present courts of oyer and terminer, and also of all in- dictments and proceedings then pending in the presint courts of gen- eral sessions of the peace, except in the city of New York, and except in cases of which the courts of sessions, hereby established, may lawfully take cognizance; and of such indictments and proceedings the courts of sessions, hereby established, shall have jurisdiction on and after the day last mentioned. § 6. The chancellor and the present supreme court shall, respectively, have power to hear and determine any of such suits and proceedings ready, on the first Monday of July, one thousand eight hundred and forty-seven, for hearing or decision, and shall, for their services therein, be entitled to their present rates of compensation until the first day of July, one thousand eight hundred and forty-eight, or until all such suits' and proceedings shall be sooner heard and determined. Masters in chancery may continue to exercise the functions of their offices in the court of chancery, so long as the chancellor shall continue to exer- cise the functions of his office, under the provisions of this constitution. 94 New Toek State Oonstittition of 184f, Unamended. And the supreme court hereby established shall also have power to hear and determine such of said suits and proceedings, as may be pre- scribed by law. § 7. In case any vacancy shall occur in the office of chancellor or jus- tice of the present supreme court previously to the first day of July, one thousand eight hundred and forty-eight, the governor may nomi- nate, and by and with the advice and consent of the senate appoint, a proper person to fill such vacancy. Any judge of the court of appeals or justice of the supreme court, elected under this constitution, may receive and hold such appointment. § 8. The offices of chancellor, justice of the existing supreme court, circuit judge, vice-chancellor, assistant vice-chancellor, judge of the existing county courts of each county, supreme court commissioner, master in chancery, examiner in chancery, and surrogate (except as herein otherwise provided), are abolished from and after the first Mon- day of July, one thousand eight hundred and forty-seven (184'7). § 9. The chancellor, the justices of the present supreme court, and the circuit judges, are hereby declared to be severally eligible to any office at the first election under this constitution. § 10. Sheriffs, clerks of counties (including the register and clerk of the city and county of New York), and justices of the peace, and coroners, in office when this constitution shall take effect, shall hold their respective offices until the' expiration of the term for which they were respectively elected. § 1 1. Judicial officers in office when this constitution shall take effect, may cntinue to receive such fees and perquisites of office as are now authorized by law, until the first day of July, one thousand eight hundred and forty-seven, notwithstanding the provisions of the twen- tieth section of the sixth article of this constitution. § 12. All local courts established in any city or village, including the superior court, common pleas, sessions and • surrogates' courts of the city and county of New York, shall remain until otherwise directed by the legislature with their present powers and jurisdictions; and the judges of such courts and any clerks thereof, in office on the first day of January, one thousand eight hundred and forty-seven, shall continue in office until the^, expiration of their terms of office, or until the legis- lature shall otherwise direct. § 13. This constitution shall be in force from and including the first day of January, one thousand eight hundred and forty-seven, except as herein otherwise provided. Done in convention, at the capitol in the city of Albany, the ninth day of October, in the year one thousand eight hundred and forty-six, and of the independence of the United States of America the seventy-first. In witness whereof, we have hereunto subscribed our names. JOHN TEACEY, President and delegate from the county of Chenango. James F. Starbuok, H. W. Stb >s\G, }■ Secretaries, Fb. Sbgbk, The Constitution of 1846, as amended and in force up to and including the 31st day of December, 1894. We, the people of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, do estjiblisu this Constitution. ARTICLE I. Section 1. No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers. § 2. The trial by jury in all cases in which it has been heretofore used, shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law. § 3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all mankind; and no person shall be rendered incompe- tent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices, inconsistent with the peace or safety of this state. § 4. The privilege of the writ of habeas corpus shall not be sus- pended, unless when, in cases of rebellion or invasion, the public safety may require its suspension. § 5. Excessive bail shall not be required nor excessive fines imposed, nor shall cruel g,nd unusual punishments be inflicted, nor shall witnesses be unreasonably detained. § 6. No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service , and the land and naval forces in time of war, or which this state may keep, with the consent of congress in time of peace ; and in cases of petit larceny, under the regulation of the legislature), unless on presentment or indictment of a grand jury ; and in any trial in any court whatever, the party accused shall be allowed to appear and defend in person and with counsel as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself ; nor be deprived of life, liberty or prop- erty without due process of law; nor shall private property be taken for public use, without just compensation. § 7. When private property shall be taken for any public use the compensation to be made therefor, when such compensation is not made by the state, shall be ascertained by a jury or by not less than three 96 New York State Constitution op 1846, Amended. commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road, and the am^ount of all damage to be sustained by the opening thereof, shell be first determined by a jury of freeholders, and such amount, together with the expenses of the proceedings, shall be paid by the person to be benefited. § 8. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. § 9. The assent of two-thirds of the members elected to each branch of the legislature shall be requisite to every bill appropriating the public moneys or property for local or private putpopes. § 10. No law shall be passed abridging the right of the people peace- ably to assemble and to petition the government, or any department thereof, nor shall any divorce be granted, otherwise than by due judicial proceedings; nor shall any lottery hereafter be authorized or any sale of lottery tickets allowed within this state. § 11. The people of this state, in their right of- sovereignty, are de^imed to possess the original and ultimate property in and to all lands within the jurisdiction of the state; and all lands the title to which shall fail, from a defect of heirs, shall revert or escheat to the people. § 12. All feudal tenures of every description, with all their incidents, are declared to be abolished, saving, however, all rents and services certain which at any time heretofore have been lawfully created or reserved. § 13. All lands within this state are declared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners, according to the nature of their respective estates. § 14. No leate or grant of agricultural land, for a longer period than twelve years, hereafter made, in which shall be reserved any rent or service of any kind, shall be valid. § 15. All fines, quarter sales or other like restraints upon alienation reserved in grant of land, hereafter to be made, shall be void. § 16. No purchase or contract for the sale of lands in this state made since the fourteenth day of October, one thousand seven hundred and seventy-five, or which may hereafter be made, of or with the Indians, shall be valid, unless made under the authority, and with the consent of the legislature. § 17. Such parts of the common law and of the acts of the legislature of the colony of New York, as together did form the law of the said colony, on the nineteenth day of April, one thousand .seven hundred and seventy-five, and the resolutions of the congress of the said colony, and of the convention of the state of New York, in force on the twentieth day of April, one thousand seven hundred and seventy- seven, which have not since expired, or been repealed or altered; and New Yoek State Constitution of 1846, Amended. 97 such acts of the legislature of this state as are now in force shall be and continue the law of this state, subject to such alterations as the legislature shall make concerning the same. But all such parts of the common law and such of the said acts, or parts thereof, as are repugnant to this constitution, are hereby abrogated; and the legislature, at its first session after the adoption of this con- stitution, shall appoint three commissioners, whose duty it shall be to reduce into a written and systematic code the whole body of the law of this state, or so much and such parts thereof as to the said commissioners shall seem practicable and expedient. And the said commissioners shall specify such alterations and amendments therein as they shall deem proper, and they shall at all times make reports of their proceedings to the legislature, when called upon to do so; and the legis- lature shall pass laws regulating, the tenure of office, the filling of vacan- cies therein, and the compensation of the said commissioners and shall also provide for the publication of the said code, prior to its being pre- sented to the legislature for adoption. § 18. All grants of land within this state, made by the king of Great Britain, or persons acting imder his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be null and void; but nothing contained in this constitution shall affect any grants of land within this state, made by the authority of the said king or his predecessors, or shall annul any charters to bodies politic and cor- porate, by him or them made, before that day; or shall affect any such grants or charters since made by this state, or by persons acting under its authority; or shall impair the obligation of any debts contracted by the state, or individuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice. ARTICLE II. Sbction 1. Every male citizen of the age of twenty-one years' who shall have been a citizen for ten days and an inhabitant of this state one Tear next preceding an election, and for the last four months a resident of the county, and for the last thirty days a resident of the election dis- trict in which he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resi- dent, and not elsewhere, for all officers that now are or hereafter may be elective by the people, and upon all questions which may be submitted to the vote of the people, provided that in time of war no elector in the actual military service of the state, or of the United States, inthe army or navy thereof, shall be deprived of his vote by reason of his absence from such election district; and the legislature shall have power to pro- vide the manner in which, and the time and place at which, such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside. [Thus amended by Tota of the people, Noyember S, 1874, taking effect January 1, ISTB] ^:: ' § 2. Ko person who shall receive, expect or offer to receive, or pay, offer or promise to pay, contribute, offer or promise to contribute to another, to be paid or used, any money or other valuable thing as a 13 98 New Yoek State Constitution of 1846, Amended. compensation or reward for the giving or withholding a vote at an election, or who shall make any promise to influence the giving or with- holding any such vote, or who shall make or become directly or indi- rectly interested in any bet or wager depending upon the result of any election, shall vote at such election; and upon challenge for such cause, the person so challenged, before the oflBcers authorized for that purpose shall receive his vote, shall swear or affirm before such officers that he has not received or offered, does not expect to receive, has not paid, offered or promised to pay, contributed, offered or promised to con- tribute to another, to be paid or used, any money or other valuable thing as a compensation or reward for the giving oi withholding a vote at such election, and has not made any promise to influence the giving or withholding of any such vote, nor made or become directly or indi- rectly interested in any bet or wager depending upon the result of such election. The legislature, at the session thereof next after the adoption of this section shall, and from time to time thereafter may, enact laws excluding from the right of suffrage all persons convicted of bribery or of any infamous crime. -j [Thus amended by a vote o£ the p3ople, November 3, 1874, taking effect January 1, 1885.] § 3. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while employed in the service of the United States; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any alms-house, or other asylum, at public expense; nor while confined in any public prison. § 4. Laws shall be made for ascertaining by proper proofs the citizens ■who shall be entitled to the right of suffrage hereby established. § 5. All elections by the citizens shall be by ballot, except for such town officers as may by law be directed to be otherwise chosen. ARTICLE III. Section 1. The legislative power of this state shall be vested in a senate and assembly. § 2. The senate shall consist of thirty-two members, and the senators shall be chosen for two years. The assembly shall consist of one hun- dred and twenty-eight members, who shall be annually elected. § 3. The state shall be divided into thirty-two districts, to be called senate districts, each of which shall choose one senator. The districts shall be numbered from one to thirty-two inclusive. District number one (l) shall consist of the counties of Suffolk, Rich- mond and Queens. District number two (2) shall consist of the county of Kings. Distict number three (3), number four (4), number five (5), and num- ber six (6) shall consist of the city and county of New York. And the board of supervisors of said city and county shall, on or before the first day of May, one thousand eight hundred" and forty-seven, divide the said city and county into the number of senate districts to which it is entitled, as near as may be of an equal number of inhabitants, excluding New Yoek State Constitution of 1846, Amended. 99 aliens and persons of color not taxed, and consisting of convenient and contiguous territory; and no assembly district shall be divided in the formation of a senate district. The board of supervisors, when they shall have completed such division, shall cause certificates thereof, stat- ing the number and boundaries of each district and the population thereof, to be filed in the office of the secretary of state, and of the clerk of said city and county. District number seven (7) shall consist of the counties of Westchester, Putnam and Rockland. District number eight (8) shall consist of the counijties of Dutchess and Columbia. District number nine (9) shall consist of the counties of Orange and Sullivan. District number ten (10) shall consist of the counties of Ulster and Greene. District number eleven (11) shall consist of the counties of Albany and Schenectady. District number twelve (12) shall consist of the county of Rens- selaer. District number thirteen (13) shall consist of the counties of Wash- ington and Saratoga. District number fourteen (14) shall consist of the counties of Warren, Essex and Clinton. District number fifteen (15) shall consist of the counties of St. Law- rence and Franklin. District number sixteen (16) shall consist of the counties of Herki- mer, Hamilton, Fulton and JMontgomery. District number seventeen (17) shall consist of the counties of Scho- harie and Delaware District number eighteen (18) shall consist of the counties of Otsego and Chenango. District number nineteen^(19) shall consist of the county of Oneida. District number twenty (20) shall consist of the counties of Madison and Oswego. District number twenty-one (21) shall consist of the counties of Jefferson and Lewis. District number twenty-two (22) shall consist of the county of Onon- daga. District number twenty-three (23) shall consist of the counties of Cortland, Broome and Tioga. District number twenty-four (24) shall consist of the counties of Cayuga and Wayne. District number twenty-five (25) shall consist of the counties of Tompkins, Seneca and Yates. District number twenty-six (26) shall consist of the counties of Steuben and Chemung. District number twenty-seven (27) shall consist of the county of Monroe. District number twenty-eight (28) shall consist of the counties of Orleans, Genesee and Niagara. District number twenty-nine (29) shall consist of the counties of Ontario and Livingston. 100 New York State Constitution of 1846, Amended. District number thirty (30) shall consist of the counties of Allegany and Wyoming. District number thirty-one (31) shall consist of the county of Erie. District number thirty-two (32) shall consist of the counties of Chautauqua and Cattaraugus. [For the fenate districts as they have existed from the constitution of 1846 to the time of takise: effect of ihe new revised constitution, January 1, 1895,' see b. 1866, chap, 60S, L. 1879, chap. £08, E. S., 8th ed., p. i.7?, and L. 1892, chap. 307, R. S., 8th ed. (Supp.), P- 8.83.] § 4. An enumeration of the inhabitants of the state shall be taken, under the direction of the legislature, in the year one thousand eight hundred and fifty-five, and at the end of every ten years thereafter; and the said districts shall be so altered by the legislature, at the first session after the return of every enumeration, that each senate district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens, and persons of color not taxed ; and shall remain unaltered until the return of another enumeration, and shall at all times consist of contiguous territory; and no county shall be divided in the formation of a senate district, except such county shall be equitably entitled to two or more senators. § 6. The assembly shall consist of one hundred and twenty-eight members, elected for one year. The members of assembly shall be ap- portioned among the several counties of the state, by the legislature, as nearly as may be, according to the nuniber of their respective inhab- itants, excluding aliens, and shall be chosen by single districts. The assembly districts shall remain as at present organized, until after the enumeration of the inhabitants of the state, in the year eighteen hun- dred and seventy-five. The legislature, at its first session after the return of every enumeration, shall apportion the members of assembly among the several counties of the state, in manner aforesaid, and the board of supervisors in such counties as may be entitled under such apportionment, to more than one member, except the city and county of New York, and in said city and county the board of aldermen of said city shall assemble at such time as the legislature making such ap- portionment shall prescribe, and (divide their respective counties into assembly districts, each of which districts shall consist of convenient and contiguous territory, equal to the number of members of assembly to which such counties shall be entitled, and shall cause to be filed in the offices of the secretary of state and the clerks of their respective counties a description of such districts, specifying the number of each district and the population thereof, according to the last preceding enumeration as near as can be ascertained, and the apportionment and districts shall remain unaltered until another enumeration shall be made as herein provided. No town shall be divided in the formation of assembly districts. Every county heretofore established and sepa- rately organized, except the county of Hamilton, shall always be enti- tled to one member of the assembly, and no new county shall be here- after erected, unless its population shall entitle it to a member. The county of Hamilton shall elect with the county of Fulton, until the population of the county of Hamilton shall, according to the ratio, be entitled to a member. But the legislature may abolish the said county of Hamilton, and annex the territory thereof to some other county or New Yoek State Oonstitdtion of 1846, Amended. 101 counties. Nothing in this section shall prevent division at any time of counties and towns, and the erection of new towns and counties by the legislature. [Thus amended by vote of the people, November 3, 1874, takiag effect Jaauary 1, 1875.] § 6. Each member of the legislature shall receive for his services an annual salary of one thousand five hundred dollars. The members of either house shall also receive the sum of one dollar for every ten miles they shall travel, in going to and returning from their place of meeting, once in each session, on the most usual route. Senators, when the senate alone is convened in extraordinary session, or when serving as members of the court for the trial of impeachments, and such members of the assembly, not exceeding nine in number, as shall be appointed managers of an impeachment, shall receive an additional allowance of ten dollars a day. [Tbug amended by vote of the people, November 8, 1874, taking effect January 1, 1875.] § 7. No member of the legislature shall receive any civil appointment ■within this state, or the senate of the United States, from the governor, the governor and senate, or from the legislature, or from any city gov- ernment during the time for which he shall have been elected; and all such appointments and all votes given for any such member for any such office or appointment shall be void. [Thus amended by vote of the people, November 3, 1874, taking effect January 1, 1875.] § 8. No person nhall be eligible to the legislature who, at the time of his election, is, or within one hundred days previous thereto has been, a member of congress, a civil or military officer under the United States, or any officer under any city government; and if any person shall, after His election as a member of the legislature, be elected to congress, or appointed to any office, civil or military, under the government of the United States, or under any city government, tis acceptance thereof shall vacate his seat. [Thus amended by vote of the people, November 8, 1874, taking effect Januiry 1, 1875.] § 9. The elections of senators and members of assembly, pursuant to the provisioniof this constitution, shall be held on the Tuesday succeed- ing the first Monday of November, unless otherwise directed by the legislature. § 10. A majority of each house shall constitute a quorum to do busi- ness. Each house shall determine the rules of its own proceedings, and be the judge of the elections, returns and qualifications of its own mem- bers; shall choose its own officers; and the senate shall choose a tempo- rary president, when the lieutenant-governor shall not attend as president, or shall act as governor. § 11. Each house shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy. The doors of each house shall be kept open, except when the public welfare shall require eoreoy. Neither house shall, without the consent of the other, adjourn or more than two days. 102 New Toek State Constitution of 184:6, Amended. § 12. For any speeoh or debate in either house of the legislature, the memhers shall not be questioned in any other place. § 13. Any bill may originate in either house of the legislature, and all bills passed by one house may be amended by the other. § 14. The enacting clause of all bills shall be "The People of the State of New York, represented in senate and assembly, do enact as follows," and no law shall be enacted except by bill. § 15. No bill shall be passed unless by the assent of a majority of all the members elected to each branch of the legislature, and the question upon the final passage shall be taken immediately upon its last read- ing, and the yeas and nays entered on the journal. § 16. No private or local bill, which may be passed by the legisla- ture, shall embrace more than one subject, and that shall be expressed in the title. [The sections tollowine, from 17 to 35, were added by vote of the people, November 3, 1874, taking efEect January 1, 1876.] § 17. No act shall "be passed which shall provide that any existing law, or any part thereof, shall be made or deemed a part of said act, or which shall enact that any existing law, or any part thereof, shall be applicable, except by inserting it in such act. § 18. The legislature shall not pass a private or local bill in any of the following cases: Changing the names of persons. Laying out, opening, altering, working or discontinuing roads, high- ways or alleys, or for draining swamps or other low lands. Locating or changing county seats. Providing for change of venue in civil or criminal cases. Incorporating villages. Providing for the election of members of boards of supervisors. Selecting, drawing, summoning or impaneling grand or petit jurors. Regulating the rate of interest on money. The opening and conducting of elections or designating places of voting. Creating, increasing or decreasing fees, percentage or allowances of public officers, during the term for which said oflicers are elected or appointed. Granting to any corporation, association or individual the right to lay down railroad tracks. Granting to any private corporation, association or individual any exclusive privilege, immunity or franchise whatever. Providing for building bridges, and chartering companies for such purposes, except on the Hudson river below Waterford, and on the East river, or over the waters forming a part of the boundaries of the state. The legislature shall pass general laws providing for the cases enumerated in this section, and for all other cases which in its judg- ment may be provided for by general laws. But no law shall author- ize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value the prop- erty bounded on, and the consent also of the local authorities having the control of that portion of a street or highway upon which it is New Yokk State Constituiion of 1846, Amended. 103 proposed to construct or operate such railroad be first obtained, or in case the consent of such property-owners cannot be obtained, the general term of the supreme court, in the district in which it is pro- posed to be constructed, may, upon application, appoint three commis- sioners who' shall determii)e, after a hearing of all parties interested, whether such railroad ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the con- sent of the property-owners. § 19. The legislature shall neither audit nor allow any private claim or account against this state, but may appropriate money to pay such claims as shall have been audited and allowed according to law. _ § 20. Every laW which imposes, continues or revives a tax shall dis- tinctly state the tax and the object to which it is to be applied, and it shall not be sufficient to refer to any other law to fix such tax or object. [This section was formerly section 13 of article VII of the constitution of 1846. See ante.] § 21. On the final passage, in either house of the legislature, of any act which imposes, continues or revives a tax, or creates a debt or charge, or makes, continues or revives any appropriation of public or trust money or property, or releases, discharges or commutes any claim or demand of the state, the question shall be taken by yeas and nays, which shall be duly entered upon the journals, and three-fifths of all the members elected to either house shall, in all such cases, be necessary to constitute a quorum therein. [This section was formerly section H of article VII of the constitution of 646, See ante.] § 22. There shall be in the several counties, except in cities whose boundaries are the same as those of the county, a board of supervisors, to be composed of such members, and elected in such manner, and for such period, as is or may be provided by law. In any such city the duties and powers of a board of supervisors may be devolved upon the common council or board of aldermen thereof. § 23. The legislature shall, by general laws, confer upon the boards of supervisors of the several counties of the state such further powers of local legislation and administration as the legislature may from time to time deem expedient. § 24. The legislature shall not, nor shall the common council of any city, nor any board of supervisors, grant any extra compensation to any public oflicer, servant, agent or contractor. § 25. Sections seventeen and eighteen of this article shall uot apply to any bill, or the amendments to any bill, which shall be reported to the legislature by commibsioners who have been appointed pursuant to law to revise the statutes. ARTICLE IV. Skction 1. The executive power shall be vested in a governor, who shall hold his ofiice for three years; a lieutenant-governor shall be chosen at the same lime, and for the same term. The governor and ieutenant-governor elected next preceding the time when this section 104 New Toek State Constitution of 1846, Amended. shall take effect shall hold office during the term for which they were elected. § 2. No person shall be eligible to the office of governor or lieutenant- governor, except a citizen of the United States, of the age of not less than thirty years, and who shall have been five years, next preceding his election, a resident of this state. [Sections 1 and 3 were thus amended by a vote of the people, November 3, 1874, taking effect January 1, 1875.] § 3. The governor and lieutenant-governor shall be elected at the times and places of choosing members of the assembly. The persons respectively having the highest number of votes for governor and lieu- tenant-governor, shall be elected; but in case two or more shall have an equal and the highest number of votes for governor, or for lieutenant- governor, the two houses of the legislature, at its next annual session, shall, forthwith, by joint ballot, choose one of the said persons so having an equal and the highest ' number of votes for governor or lieutenant- governor. §4. The governor shall be commander-in-chief of the military and naval forces of the state. He shall have power to convene the legis- lature (or the senate only) on extraordinary occasions. At extraordi- nary sessions no subject shall be acted upon, except such as the governor may recommend for consideration. He shall communicate by message to the legislature at every session the condition of the state, and recom- mend such matters to them as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and m[ilitary. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully exe- cuted. He shall receive for his services an annual salary of ten thousand dollars, and there shall be provided for his use a suitable and furnished executive residence. £Thus amended by a vote of the peop'e, November 3, 1S74, taking effect January 1, 1E75.] § 5. The governor shall have the power to grant reprieves, commuta- tions and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided bylaw relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execu- tion of the sentence, until the case shall be reported to the legislature at its next meeting, when the legislature shall either pardon, or com- mute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall annually communicate to the legislature each case of reprieve, commutation or pardon granted; stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve. § 6. In case of the impeachment of the governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation, or absence from the state, the powers and duties of the office shall devolve upon the lieutenant-governor for the residue of the term, or until the disability shall cease. But when the New Tobk Statb Constitution of 18i6, Amended. 105 governor shall, with the consent of the legislature, be out of the state in time of war, at the head of a military force thereof, he shall continue commander-in-ohief of all the military force of the state. .§ !^'. '^^® lieutenant-governor shall possess the same qualifications of eligibility for office as the governor. He shall be president of the senate, but shall have only a casting vote therein.' If during a vacancy of the office of governor, the lieutenant-governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the state, the president of the senate shall act as governor until the vacancy be filled, or the disability shall cease. § 8. The lieutenant-governor shall receive for his services an annual salary of five thousand dollars, and shall not receive or be entitled to any other compensation, fee or perquisite for any duty or service he may be required to perform by the constitution or by law. [Thus amended by a vote of the people, November 8, 1874, tating effect January 1, 187B.] § 9. Every bill which shall have passed the senate and assembly Khali before it becomes a law, be presented to the governor; if he approve he shall sign it; but if not, he shall return it with his objections to the house in which it shall have originated, which shall enter the objections at large on the journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of the members elected to that house shall agree to pass the bill, it shall be sent together with the objections to the other house, by which it t-hall likewise be reconsidered; and if approved by two-thirds of the members elected to that house, it shall become a law notwithstanding the objections of the governor. In all such cases, the votes in both houses shall be determined by yeas and nays, and the names of the members voting shall be entered on the journal of each hou>.e respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the legislature shall, by their adjournment, pre- vent its return, in which case it shall not become a law without the approval of the governor. No bill shall become a law after the final adjournment of the legislature, unless approved by tbe governor within thirty days after such adjournment. If any bill presented to the gov- ernor contain several items of appropriation of money, he may object to one or more of such items while approving of the other portion of the bill. In such case, he shall append to the bill, at the time of signing it, a statement of the items to which he objects; and the appropriation so objected to shall not take effect. If the legislature be in session, he shall transmit to the house in which the bill oiiginated a copy of such statement, and the items objected to sball be separately reconsidered. If, on reconsideration, one or more of such items be approved by two- thirds of the members elected to each house, the same shall be part of the law, notwithstanding the objections of the governor. All the pro- visions of this section, in relation to bills not approved by the governor, shall apply in cases in which he shall withhold his approval from any item or items contained in a bill appropriating money. [Thus amended by vote of the people, November 3, 1874, taking effect January 1, 1875.] 11 106 New Yoek State Constitution of 1846, Amended. ARTICLE V. Section 1. The secretary of state, comptroller, treasurer and attor- ney-general shall be cljosen at a general election, and shall hold their offices for tw o years. Each of the officers in this article named (except the speaker of the assembly) shall, at stated times during his continuance in office, receive for his services a compensation, which shall not be increased or diminished during the term for which he shall have been elected; nor shall he receive, to his use, any fees or perquisites of office, or other compensation. § 2. A state engineer and surveyor shall be chosen at a general elec- tion, and shall hold his office for two years, but no person shall be elected to said office who is not a practical engineer. § 3. A superintendent of public works shall be appointed by the governor, by and with the advice and consent of the senate, and hold his office until the end of the term of the governor by whom he was nominated, and until his successor is appointed and qualified. He shall receive a compensation to be fixed by law. He shall be required by law to give security for the faithful execution of his office before entering upon the duties thereof. He shall be charged with the execution of all laws relating to the repair and navigation of the canals, and also of those relating to the construction and improvement of the canals, except so far as the execution of thelawsrelatingto such construction or improve- ment shall be confided to the state engineer and surveyor; subject to the control of the legislature, he shall mate the rules and regulations for the navigation or use of the canal?. He may be suspended or removed from office by the governor, whenever, in his judgment, the public interest shall so require; but, in case of the removal of such superintendent of public works from office, the governor shall file with the secretary of state a statement of the cause of such removal, and shall report such removal, and the cause thereof, to the legislature at its next session. The superintendent of public works shall appoint not more than three assistant superintendents, whose duties shall be prescribed by him, subject to modification by the legislature, and who shall receive for their services a compensation to be fixed by law. They shall hold their office for three years, subject to suspension or lemoval by the superin- tendent of public works, whenever, in his judgment, the public interest shall so require. Any vacancy in the office of any such assistant super- intendent shall be filled, for the remainder of the term for which he was appointed, by the superintendent of public works; but in case of the suspension or removal of any such assistant superintendent by him, he shall at once report to the governor, in writing, the cause of such removal. All other persons employed in the care and management of the canals, except collectors of tolls, and those in the department of the state engineer and surveyor, shall be appointed by the superintendent of public works, and be subject to suspension or removal by him. The office of canal commissioner is abolished from and after the appoint- ment and qualification of the superintendent of public works, until which time the canal commissioners shall continue to discharge their duties as now provided by law. The superintendent of public works New York State Constitution of 1846, Amended. lOY shall perform all the duties of the canal conunissioners, and board of canal commissioners, as now declared by law, until otherwise provided by the legislature. The governor, by and with the advice and consent of the senate, shall have power to fill vacancies in the ofBce of superin- tendent of public works; if the senate be not in session, he may grant commissions which shall expire at the end of the next succeeding session of the senate. [Thus amended by vote ot the people, November 7, 1876, taking effect January 1, 1877.] § 4. A superintendent of state prisons shall be appointed by the governor, by and with the advice and consent of the senate, and hold his office for five years, unless sooner removed; he shall give security in such amount, and with such sureties, as shall be required by law, for the faithful discharge of his duties; he shall have the superintendence, management and control of state prisons, subject to such laws as 90W exist, or may hereafter be enacted; he shall appoint the agents, ward- ens, physicians and chaplains of the prisons. The agent and warden of each prison shall appoint 'all other ofiicers of such prison, except the clerk, subject to the approval of Ihe same by the superintendent. The comptroller shall appoint the clerks of the jjrisons. The superintendent shall have all the powers and perform all the duties not inconsistent herewith, which have heretofore been had and perfonned by the inspectors of state prisons; and from an^ after the time when such superintendent of state prisons shall have been appointed and qualified the oflice of inspector of stale prisons shall be and hereby is abolished. The governor may remove the superintendent for cause at any time, giving to him a copy of the charges against him, and an oppor- tunity to be heard in his defense. [Thus amended by vote of the people, November 7, 1876, taking effect January 1, 1877.] § 5. The lieutenant-governor, speaker of the assembly, secretary of state, comptroller, treasurer, attorney- general and state engineer and surveyor shall be the commissionei s of the land office. The lieutenant- governor, secretary of state, comptroller, treasurer and attorney-gen- eral shall be the commissioners of the canal fund. The canal board shall consist of the commissioners of the canal fund, the state engineer and surveyor and the canal commissioners. § 6. The powers and duties of the respective boards and of the sev- eral officers in this article mentioned shall be such as now are or here- after may be prescribed by law. § 7. The treasurer may be suspended from office by the governor, during the recess of the legislature, and until thirty days after the commencement of the next session of the legislature, whenever it shall appear to him that such treasurer has, in any particular, violated his duty. The governor shall appoint a comjjetent person to discharge the duties of the office, during such suspension of the treasurer. § 8. All offices for the weighing, gauging, measuring, culling or inspecting any merchandise, produce, manufacture or commodity whatever are hereby abolished, and no such office shall hereafter be created by law; but nothing in this section contained shall abrogate any office created for the purpose of protecting the public health or 108 New Toek State OoNSTiTtJTioN of 1846, Amended. the interests of the state in its property, revenue, tolls or purchases or of supplying the people with correct standards of weights and meas- ures, or shall prevent the creation of any office for such purposes here- after. ARTICLE VI. [This article, except section 23, was proposed by the consftutional convention of 1867, which convention was convened pursuant to section :i of article 13 of the constitution. This article was submitted separately to the people, in acoirdance with L.. 1869, chap. 318, and was the only article of those propos'd by this conv-intion which was ratifled by the people at the general election held November i, 1869. I he other articles were rejected. The vote m favor of this article was ii47,S10 and agaiast it, 340,448 ] Section 1. The assembly shall have the power of impeachment, by a vote of the majority of all the members elected. The court for the trial of impeachments shall be composed of the president of the senate, the senators, or a major part of them, and the judges of the court of appeals, or the major part of them. On the trial of an impeachment against the governor, the lieutenant-governor shall not act as a member of the court. No judicial officer shall exercise his office, after articles of impeachment against him shall have been preferred to the senate, until he shall have been acquitted. Before the trial of an impeach- ment, the members of the court shall take an oath or affirmation, truly and impartially to try the impeachment, according to evidence; and no person shall be convicted without the concurrence of two thirds of the members present. Judgment in cases of impeachment shaU not extend further than to removal from office, or removal from office and disqualification to hold and enjoy any office of honor, trust, or profit, under this state; but the party impeached shall be liable to indictment and punishment according to law. § 2. There shall be a court of appeals, composed of a chief judge and six associate judges, who shall be chosen by the electors of the state, and shall hold their office for the term of fourteen years from and including the first day of January next after their election. At the first election of judges under this constitution, every elector may vote for the chief and only four of the associate judges. Any five membiers of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court shall have the appoint- ment, with the power of removal, of its reporter and clerk, and of such attendants as may be necessary. § 3. When a vacancy shall occur, otherwise than by expiration of term, in the office of chief or associate judge of the court of appeals, the same shall be filled, for a full term, at the next general election happening not less than three months after such vacancy occurs; and until the vacancy shall be so filled, the governor by and with the advice and consent of the senate, if the senate shall be in session, or if not, the governor alone, may appoint to fill such vacancy. If any such appoint- ment of chief judge shall be made from among the associate judges, a temporary appointment of associate judge shall be made in like man- ner; but in such case, the person appointed chief judge shall not be deemed to vacate his office of associate judge any longer than until the expiration of his appointment as chief judge. The powers and juris- -diction of the court shall not be suspended for want of appointment or New York State Constitution of 1846, Amended. 109 election, when the number of judges is sufficient to constitute a quo- rum.^ All appointments under this section shall continue until and in- cluding the last day of December next after the election at which the vacancy shall be filled. § 4. Upon the organization of the court of appeals, under this article, the causes then pending in the present court of appeals shall become vested in the court of appeals hereby established. Such of said causes as are pending on the first day of January, eighteen hundred and sixty- nine, shall be heard and determined by a commission, to be composed of five commissioners of appeals, four of whom shall be necessary to con- stitute a quorum; but the court of appeals hereby established may order any of said causes to be heard therein. Such commission shall be composed of the judges of the present court of appeals, elected or appointed thereto, and a fifth commissioner who shall be appointed by the governor by and with the advice and consent of the senate; or, if the senate be not in session, by the governor; but in such case, the appointment shall expire at the end of the next session. § 5. If any vacancy shall occur in the office of the said commissioners, it shall be filled by appointment by the governor by and with the advice and consent of the senate; or if the senate is not in session, by the gov- ernor; but in such case, the appointment shall expire at the end of the next session. The commissioners shall appoint, from their number, a chief commissioner, and may appoint and remove such attendants as may be necessary. The reporter of the court of appeals shall be the reporter of said commission. The decisions of the commission shall be certified to, and entered and enforced, as the judgments of the court of appeals. The commission shall continue until the causes committed to it are determined, but not exceeding three years; and all causes then undetermined shall be heard by the court of appeals. § 6. There shall be the existing supreme court with general jurisdic- tion in law and equity, subject to such appellate jurisdiction of the court of appeals as now isor may be prescribed by law, and it shall be com- posed of the justices now in office, with one additional justice to be elected as hereinafter provided, who shall be continued during their respective terms, and of their successors. The existing judicial districts of the state are continued until changed pursuant to this section. Five of the justices shall reside in the district in which is the city of New York, and five in the second judicial district, and four in each of the other districts. The legislature may alter the districts, without increas- ing the numbei", once after every enumeration, under this constitution, of the inhabitants of the state. [Whenever, and as often as there shall be such an accumulation of causes on the calendar of the court of appeals that the public interests require a more epeedy disposition thereof, the said court may certify such fact to the governor, who shall thereupon designate seven justices of the supreme court to act as associate judges, for the time being, of the court of appeals, and to form a second division of said court, and who shall act as such until all the causes upon the said calendar at the time of the making of such certificate are determined, or the judges of said court, elected as such, shall certify to the governor that said causes are substantially disposed of, and on receiving such certificate, the governor may declare said second division dissolved, and the desig- 110 New Yoek State Constitution oe 1846, Amended. nation of justices to serve thereon shall thereupon expire. The second division of said court hereby authorized to be constituted, shall be com- petent to determine any causes on said calendar which may be assigned to such division by the court composed of judges elected to serve in the court of appeals, and that court may at any time before judgment direct any of the causes so assigned to be restored to its calendar for hearing and decision. The rules of practice in both divisions shall be the same. Five members of the court shall be sufficient to >form a quorum for said second division, and the concurrence of four shall be necessary to a decision. The judges composing said second division shall appoint from their number a chief judge of such division, and the governor may from time to time, wheu in his judgment the public interests may require, change the designation ol' any justice of the supreme court to serve in such division, and may till any vacancy occurring therein, by designating any justice of the supreme court to fill such vacancy. Said second division may appoint and remove a crier and such attendants as may be necessary. The judges composing said second division shall not, during the time of their service therein, exercise any of the functions of justices of the supreme court, nor receive any salary or compensation as such justices, but in lieu thereof shall during such term of service receive the same compensation as the associate judges of the court of appeals. They shall have power to appoint the times and places of their sessions, within this state, and the clerk and reporter of the court of appeals_ shall be clerk and reporter of said second division.] [The first part of this section was amended by a vote of the people, Novemher i, 1879, taking effect January 1, 1680. 'I he part included in brackets was added by an amendment ratified by the people, November 6, IfcSS, taking effect January 1, 1889.] § 7. At the first session of the legislature, after the adoption of this article, and from time to time thereafter as may be necessary, but not of tener than once in five years, provisions shall be made for organizing, in the supreme court, not more than four general terms thereof, each to be composed of a presiding justice, and not more than three other justices, who shall be designated, according to law, from the whole number of justices. Each presiding justice shall continue to act as such during his term of office. Provisions shall be made by law for holding the general terms in each judicial district. Any justice of the supreme court may hold special terms and circuit courts, arid may preside in courts of oyer and terminer, in any county. § 8. No judge or justice shall sit, at a general term of any court, or in the court of appeals, in'review of a decision made by him, or by any court of which he was at the time a sitting member. The testimony in equity cases shall be taken in like manner as in cases at law; and except as herein otherwise provided, the legislature shall have the same power to alter and regulate the jurisdiction and proceedings in law and equity that they have heretofore exercised. § 9. When a vacancy shall occur, otherwise than by expiration of term, in the office of justice of the supreme court, the same shall be filled, for a full term, at the next general election happening not less than three months after such vacancy occurs; and until any vacancy shall be so filled, the governor by and with the advice and consent of Nbw Yoek State Cohstitution of 1846, Aiiended. Ill the senate, if the senate shall be in session, or if not in session, the governor may appoint to fill such vacancy. Any such appointment shall continue until and including the last day of December next after the election at which the vacancy shall be filled. § 10. The judges of the court of appeals, and the justices of the supreme court, shall not hold any other office or public trust. All votes for any of them, for any other than a judicial office, given by the legislature or the people, shall be void. § 11. Judges of the court of appeals, and justices of the supreme court may be removed by concurrent resolution of both houses of the legislature, if two-thirds of all the members elected to each house con- cur therein. All judicial officers, except those mentioned in this section, and except justices of the peace and judges and justices of inferior courts not of record, may be removed by the senate, on the recommendation of the governor, if two-thirds of all the members elected to the senate concur therein. But no removal shall be made, by virtue of this section, unless the cause thereof be entered on the journals, nor unless the pirty complained of shall have been served with a copy of the charges against him, and shall have had an oppor- tunity of being heard. On the question of removal, the yeas and nays shall be entered on the journal. § 12. The superior court in the city of New York, the court of common pleas for the city and county of New York, the superior court of Buffalo, and the city court of Brooklyn, are continued with the powers and jurisdiction they now severally have, and such further civil and criminal jurisdiction as may be conferred by law. The superior court of New York shall be composed of the six judges in office at the adoption of this article, and their successors. The court of common pleas of New York, of the three judges then in office, and their sucuessor-i, and three additional judges. The superior court of Buffalo, of the judges now in office, and their successors; and the city court of Brooklyn, of such number of judges, not exceeding three, as may be provided by law. The judges of said courts, in office at the adoption of this article, are continued until the expiration of their termi. A chief judge shall be appointed by the judges of each of said courts, from their own number, who shall act as such during his official term. Vacancies in the office of the judges named in this section, occurring otherwise than by expiration of term, shall be filled in the same manner as vacancies in the supreme court. The legis- lature may provide for detailing judges of the superior court and court of common pleas of New York to hold circuits and special terms of the supreme court in that city; and for detailing judges of the city court of Brooklyn, to hold circuits and special terms of the supreme court in Kings county as the public interest may require. [Further amended by a vote of the people, Noveinbar 8, 1880, taklag eldot January 1, 188!.] § 13. Justices of the supreme court shall be chosen by the electors of their respective judicial districts. Judges of all the courts mentioned in the last preceding section shall be chosen by the electors of the cities respectively in which the said courts are instituted. The official terms of the said justices and judges who shall be elected after the 112 New York. State Constitution of 1846, Amended. adoption of this article shall be fourteen years from and including the first day of January next after their election. But no person shall hold the office of justice or judge of any court longer than until and including the last day of December next after he shall be seventy years of age. The compensation of every judge of the court of appeals, and of every justice of the supreme court, whose term of office shall be abridged pursuant to this provision, and who shall have served as such judge or justice ten years or more, shall be continued during the remainder of the term for which he was elected. [Further amended by a vote of the people, November 3, 18S0, taking effect January 1, 1881.] § 14. The judges and justices hereinbefore mentioned shall receive for their services a compensation to be established by law, which shall not be diminished during their official terms. Except the judges of the court of appeals and the justices of the supreme court, they shall be paid, and the expenses of their courts defrayed, by the cities or counties in which such courts are instituted, as shall be provided by law. § 15. The existing county courts are continued, and the judges thereof in office at the adoption of this article shall hold their offices until the expiration of their respective terms. Their successors shall be chosen by the electors of the counties for the term of six years. The county courts shall have the powers and jurisdiction they now possess, until altered by the legislature. They shall also have original jurisdiction in all cases where the defendants reside in the county and in which the damages claimed shall not exceed one thousand dollars; and also such appellate jurisdiction as shall be provided by law, subject, however, to such provision as shall be made by law for the removal of causes into the supreme court. They shall also have such other original jurisdiction as shall, from time to time, be conferred upon them by the legislature. The county judge, with two justices of the peace, to be designated according to law, may hold courts of sessions, with such criminal jurisdiction as the legislature shall prescribe, and he shall perform such other duties as may be required by law. His salary, and the salary of the surrogate when elected as a separate officer, shall be established by law, payable out of the county treasury and shall not be diminished during his term of office. 1 he justices of the peace shall be paid, for services in courts of sessions, a per diem allowance out of the county treasury. The county judge shall also be surrogate of his county; but in counties having a population exceeding forty thousand, the legislature may provide for the election of a separate officer to be surrogate, whose term of office shall be the same as that of the county judge. The county judge of any county may preside at courts of sessions, or hold county courts, in any other county, except New York and Kings, when requested by the judge of such other county. § 16. The legislature may, on application of the board of supervisors, provide for the election of local officers, not to exceed two in any county, to discharge the duties of county judge and of surrogate, in cases of their inability, or of a vacancy, and to exercise such other powers in special cases as may be provided by law. § 17. The legislature shall provide for submitting to the electors of the state, at the general election in the year eighteen hundred and seventy- New Yoek State Conbtitdtion of 1846, Amended. 113 three, two questions, to be voted upon on separate ballots, as follows : First, "Shall the ofiices of chief judge and associate judge of the court of appeals, and of justice of the supreme court, be hereafter filled by appointment? " If a majority of the votes upon the question shall be in the affirmative, the said officers shall not thereafter be elective, but as vacancies occur, they shall be filled by appointment by the governor by and with the advice and consent of the senate; or if the senate be not in session, by the governor; but in such case, he shall nominate to the senate when next convened, and such appointment by the governor alone shall expire at the end of that session. Second, " Shall the offices of the judges, men- tioned in sections twelve and fifteen of article six of the constitution, be hereafter filled by appointment ? " If a majority of the votes upon the question shall be in the affirmative, the said officers shall not there- after be elective, but as vacancies occur, they shall be filled in the manner in this section above provided. [The questions provided for in this section were submitted to the people, pursuant to Laws of 1678, chapter 314, on November 4, i87a, and determined in the negative.] § 18. The electors of the several towns shall, at their annual town meeting, and in such manner as the legislature may direct, elect justices of the peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term. Their number and classification may be regulated by law. Justices of the peace, and judges or justices of inferior courts, not of record, and their clerks, may be removed, after due notice and an opportunity of being heard, by such courts as may be prescribed by law, for causes to be assigned in the order of removal. Justices of the j)eace and district court jus- tices shall be elected in the different cities in this state, in such manner, and with such powers, and for such terms, respectively, as shall be prescribed by law; all other judicial officers in cities, whose election or appointment is not otherwise provided for in this article, shall be chosen by the electors of cities, or appointed by some local authorities thereof. § 19. Inferior local courts of civil and criminal jurisdiction ma,y be established by the legislature; and, except as herein otherwise provided, all judicial officers shall be elected or appointed at such times, and in such manner as the legislature may direct. § 20. Clerks of the several counties shall be clerks of the supreme court, with such powers and duties as shall be prescribed by law. The clerk of the court of appeals shall keep his office at the seat of govern- ment. His compensation shall be fixed by law, and paid out of the public treasury. § 21. No judicial officer, except justices of the peace, shall receive to his own use any fees or perquisites of office; nor shall any judge of the court of appeals, justice of the supreme court, or judge of a court of record in the cities of New York, Brooklyn or Buffalo, practice as an attorney or counselor in any court of record in this state, or act as 1*P T^ T*6 6 8 22. The legislature may authorize the judgments, decrees or deci- sions of any court of record of original civil jurisdiction, established in a city, to be removed from review, directly into the court of appeals. 15 114: New Toek State Cokstitxtion oe 1846. Amehmd. § 23. The legislature shall provide for the speedy publication of all statutes and also for the appointment by the justices of the supreme court designated to hold general terms, of a reporter of the decisions of that court. All laws and judicial decisions shall be free for publi- cation by any person. § 24. The first election of judges of the court of appeals, and of the three additional judges of the court of common pleas for the city and county of New York, shall take place on such day, between the first Tuesday of April and the second Tuesday in June next after the adop- tion of this article, as may be provided by law. The court of appeals, the commissioners of appeals, and the additional judges of the said court of common pleas, shall respectively enter upon their duties on the first Monday of July thereafter. § 25. Surrogates, justices of the peace, and local judicial officers pro- vided for in section sixteen, in office when this article shall take effect, shall hold their respective offices until the expiration of their terms. § 26. Courts of special sessions shall have such jurisdiction of offenses of the grade of misdemeanors as may be prescribed by law. § 27. For the relief of surrogates' courts, the legislature may confer upon courts of record, in any county having a population exceeding four hundred thousand, the powers and jurisdiction of surrogates, with authority to try issues of fact by jury in probate causes. § 28. The court of appeals may order any of the causes, not exceed- ing five hundred in number, pending in that court at the time of the adoption of this provision, to be heard and determined by the com- missioners of appeals, and the legislature may extend the term of ser- vice of the commissioners of appeals, not exceeding two years. [/This section was added by a vote of the people, November 5, 1872, taking effect January 1 , 1878.] §28. (So in the original.) The legislature, at the first session thereof after the adoption of this amendment, shall provide for organizing the supreme court not more than five general terms thereof; and for the election at the general election next after the adoption of this amend- ment, by the electors of the judicial districts mentioned in this section, respectively, of not more than two justices of the supreme court in ad- dition to the justices of that court now in office in the first, fifth, seventh and eighth, and not more than one justice of that court in the second, third, fourth and sixth judicial districts. The justices so elected shall be invested with their offices on the first Monday of June next after their election. [Tbis section was added by a vote of the people, November 7, 188?, taking effect January ARTICLE VII. Section 1. After paying the expenses of collection, superintendence and ordinary repairs, there shall be appropriated and set apart in each fiscal year out of the revenues of the state canals, in each year, com- mencing on the first day of June, one thousand eight hundred and forty-six, the sum of one million and three hundred thousand dollars until the first day of June, one thousand eight hundred and fifty-five, and from that time the sum of one million and seven hundred thousand dollars in each fiscal year, as a sinking fund to pay the interest and New Tokk State Constitution of 1846, Amended. 116 redeem the principal of that part of the state debt called the canal debt", as It existed at the time first aforesaid, and including three hundred thou- sand dollars then to be borrowed, until the same shall be wholly paid ; and the principal and income of the said sinking fund shall be sacredly applied to that purpose. § 2. After complying with the provisions of the first section of this article, there phall be appropriated and set apart out of the surplus rev- enues of the state canals, in each fiscal year, commencing on the first day of June, one thousand eight hundred and forty-six, the sum of three hundred and fifty thousand dollars, until the time when a sufiicientsum shall have been appropriated and set apart, under the said first section, to pay the interest and extinguish the entire principal of the canal debt, and after that period, then the sum of one million and five hundred thousand dollars in each fiscal year, as a sinking fund, to pay the interest and redeem the principal of that part of the state debt called the general fund debt, including the debts for loans of the state credit to railroad companies which have failed to pay the interest thereon, and also the con- tingent debt on state stocks loaned to incorporated companies which have hitherto paid the interest thereon, whenever and as far as any part thereof may become a charge on the treasury or general fund, until the same shall be wholly paid; and the principal and income of the said last-mentioned sinking fund shall be sacredly applied to the purpose aforesaid ; and if the payment of any part of the moneys to the said sinking fund shall at any time be deferred, by reason of the priority recognized in the first section of this article, the sum so deferred, with quarterly interest thereon, at the then current rate, shall be paid to the last mentioned sinking fund, as soon as it can be done consistently with the just rights of the creditors holding said canal debt. § 3. The first and second sections of this article having been fully complied with, no tolls shall hereafter be imposed on persons or prop- erty transported on the canals, but all boats navigating the canals, and the owners and masters thereof, shall be subject to such laws and regu- lations as have been or may hereafter be enacted concerning the navi- gation of the canals. The legislature shall annually, by equitable taxes, make provision for the expenses of the superintendence and repairs of the canals. The canal debt contracted under the section hereby amended, which, on the first day of October, eighteen hundred and eighty, amounted to eight million nine hundred and eighty-two thousand two hundred dollars, shall continue to be known as the "canal debt, under article seven, section three of the constitution;" and the sinking fund applicable to the payment thereof, together with the contributions to be made thereto, shall continue to be known as the "canal debt sinking fund," and the principal and interest of said debt shall be met as provided in the fifth section of this article. All contracts for work or materials on any canals shall be made with the person who shall offer to do or provide the same at the lowest price with adequate security for their performance. No extra compensation shall be made to any contractor; but if, from any unforeseen cause, the terms of any contract shall prove to be unjust and oppressive, the canal board may, upon the application of the contractor, cancel such contract. [This section was thus amended by vote of the people, November 7, 1882, taking effect Jan- uary 1, 1883.] 116 New Tokk State Constitution of 1846, Amended. " § 4. The claims of the state against any incorporated company to pay the interest and redeem the principal of the stock of the state loaned or advanced to such company, shall be fairly enforced, and not released or compromised; and the moneys arising from such claim shall be set apart, and applied as part of the sinking fund provided in the second section of this article. But the time limited for the ful- fillment of any condition of any release or compromise heretofore made or provided for, may be extended by law. § 5. There shall annually be imposed and levied a tax which shall be sufficient to pay the interest and extinguish the principal of the canal debt mentioned in the third section of this article, as the same shall become due and payable, and the proceeds of such tax shall, in each fiscal year, be appropriated and set apart for the sinking fund consti- tuted for the payment of the principal and the interest of the aforesaid debt. But the legislature may, in its discretion, impose for the fiscal year, beginning on the first day of October, eighteen hundred and eighty-three, a state tax on each dollar of the valuation of the property in this state which may by law then be subject to taxation, sufficient, with the accumulations of the sinking fund applicable thereto, to pay in full both the principal and interest of the canal debt before men- tioned, and the proceeds of such tax shall be appropriated and set apart for the sinking fund constituted for the payment of the principal and the interest of said debt. In the event of such action by the legislature, then the legislature shall, under the law directing the assessment and levy of such tax, make such provision for the retire- ment of the canal debt as it shall deem equitable and just to the creditors of the state. [This section was thus amended by vote of the people, November 7, 1882, taking effect January 1,1883.] f r , , , s § 6. The legislature shall not sell, lease, or otherwise dispose of the Erie canal, the Oswego canal, the Champlain canal, the Cayuga and Seneca canal, or the Black River canal, but they shall remain the prop- erty of the state and under its management forever. All funds that may be derived from any lease, sale, or other disposition of any canal shall be applied in payment of the canal debt mentioned in the third section of this article. [This section was thus amended by vote of the people, November 7, 1882. taldne effect January 1, 1883.] § 1. The legislature shall never sell or dispose of the salt springs belonging to this state. The lands contiguous thereto and which may be necessary and convenient for the use of the salt springs, may be sold by authority of law and under the direction of the commissioners of the land office, for the pi^rpose of investing the moneys arising therefrom in other lands alike iconvenient; but by such sale and pur- chase the aggregate quantity of these lands shall not be diminished. § 8. No moneys shall ever be paid out of the treasury of this state, or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law; nor unless such payment be made withm two years next after the passage of such appropriation act; and every such law making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropri- New Tohk State CoNSTirtrTiOK of 1846, Amended. 117 ated, and the object to which it is to be applied; and it shall not be sufficient for such law to refer to any other law to fix such sum. § 9. The credit of the state shall not, in any manner, be given or loaned to, or in aid of any individual, association or corporation. § 10. The state may, to meet casual deficits or failures in revenues, or for expenses not provided for, contract debts; but such debts, direct and contingent, singly or in the aggregate, shall not, at any time, exceed one million of dollars; and the moneys arising from the loans creating such debts shall be applied to the purpose for which they were obtained, or to repay the debt so contracted, and to no other purpose whatever. § 11. In addition to the above limited power to contract debts, the state may contract debts to repel invasion, suppress insurrection, or de- fend the state in war; but the money arising from the contracting of such debts shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever. § 12. Except the debts specified in the tenth and eleventh sections of this article, no debts shall be hereafter contracted by or on behalf of this state, unless such debt shall be authorized by a law, for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufficient to pay the interest on such debt as it falls diie, and also to pay and discharge the principal of such debt within eighteen years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it, at such election. On the final passage of such bill in either house of the legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be: "Shall this bill pass, and ought the same to receive the sanction of the people ? " The legislature may at any time, after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same; and may at any time, by law, forbid the contracting of any further debt or liability under such law; but the tax imposed by such act, in proportion to the debt and liability which may have been contracted, in pursuance of such law, shall remain in force and be irrepealable, and be annually collected, until the proceeds thereof shall have made the provision hereinbefore specified to pay and discharge the interest and principal of such debt and liability. The money aris- ing from any loan or stock creating such debt or liability shall be ap- plied to the work or object specified in the act authorizing such debt or liability, or for the repayment of such debt or liability, and for no other purpose whatever. No such law shall be submitted to be voted on, within three months after its passage, or at any general election, when any other law, or any bill, or any amendment to the constitution shall be submitted to be voted for or against. § 13. The sinking funds provided for the payment of interest and the extinguishment of the principal of the debts of the state shall be separately kept and safely invested, and neither of them shall be appro- priated or used in any manner other than for the specific purpose for which it shall have been provided. [Thus amended by a vote of the people, November 8, 1874, taking effeet January 1, 187S.] 118 Kbw Yoke State CoirsTiTTrTioN op 18 i6, Amended. § 14. Neither the legislature, canal board, canal appraisers, nor any person or persons acting in behalf of the state, shall audit, allow, or pay any claim which, as between citizens of the state, would be barred by lapse of time. The limitation of existing claims shall begin to run from the adoption of this section; but this provision shall not be construed to re- vive claims already barred by existing statutes, nor to repeal any statute fixing the time within which claims shall be presented or allowed, nor shall it extend to any claims duly presented within the time allowed by law, and prosecuted with due diligence from the time of such present- ment. But if the claimant shall be under legal disability, the claim may be presented within two years after such disability is removed. [Thus amended hj a vote of the people, November 3, 1874, taking effect January 1, 18' S.] ARTICLE VIII. Sbciion 1. Corporations maybe formed under general laws; but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment of the legit, -3. ■7 - 4. )^ -5. ''^ - .6. 128 New Tobk State Constitution of 1894. ECTION 1 . ,-a. ! 3 4. ^ 5, 6 7, 8. ,1 9' '' '10. 11. 13. 13. T 14. '^-15. 16. 17. 18. 19. 20. 21. ^^-23. 33. 24 35 26. 37. 38. \'-'-39 ARTICLE III. Legislative powers. . Number and terms of senators and assemblymen . . Senate districts . Enumerations and reapportionments. . Apportionment of assemblymen; creation of assembly districts. , Compensation of members. , Civil appointments of members void . Persons disqualified from being members. Time of elections. Powers of each house . Journals; open sessions; adjournments. Members not to be questioned for speeches. Bills may originate in either house . Enacting clause of bills. Manner of passing bills. , Private and local bills not to embrace more than one subject. Existing law made applicable to be inserted. Oases in which private and local biUs shall not be passed; restric- tions as to laws authorizing street railroads. Private claims not to be audited by legidature. Two-thirds biUs. Appropriation bills. Restrictions as to provisions in the appropriation or supply bills. Certain sections not to apply to commission bills. , Tax bills to state tax distinctly. , When ayes and nays necessary; three-filths to constitute quorum. Boards of supervisors. Local legislative powers. Extra compensation prohibited . , Prison labor; contract system abolished. Section ' ARTICLE IV. 1. Executive power. 3. Qualifications of governor and lieutenant-governor. 3. Election of governor and Ueutenant- governor. 4. Duties and powers of governor; compensation. 5 . Reprieves, commutations and pardons to be granted by governor. 6 . When lieutenant-governor to act as governor. 7 . Qualifications and duties of lieutenant-governor; succession to the governorship. 8. Salary of lieutenant-governor. 9. BiUs to be presented to governor; approval; passage of bills by legislature if not approved. ARTICLE V. Section - 1 . State ofiicers. - 3. First election of state oflScers. 3. Superintendent of public works duties. 4. Superintendent of state prisons duties. 5. Commissioners of the land ofllce ; of the canal fund ; canal board 6. Powers and duties of boards. 7. State treasurer ; suspension by governor. , 8. Certain ofiices abolished. \X - 9. Civil service appointments and promotions- appointment ; powers and appoihtinent ; powers and Nbw Toek State Constitution of 1894. 129 A ARTICLE VI.. Section 1. Supreme court ; how constituted; judicial districts. 2. Judicial departments; appellate division, how constituted; gov- ernor to designate justices ; reporter ; time and place of holding courts. 3 . Judge or justice not to sit in review ; testimony in equity cases . 4. Terms of office vacancies, how fiUed . 5. City courts abolished; judges become justices of supreme court; salaries ; jurisdiction vested in supreme court. 6. Circuit courts and courts of oyer and terminer abolished. 7. Court of appeals. 8 . Vacancy in court of appeals, how filled . 9. Jurisdiction of court of appeals. 10. Judges not to hold any other office. 11. Removal of judges. 12. Compensation; age restriction ; assignment by governor. 13. Trial of impeachments. 14. County courts . 15. Surrogates' courts; surrogates, their powers and jurisdiction; vacancies . 16. Local judicial officers. 17 . Justices of the peace ; district court justices . 18. Inferior local courts. 19. Clerks of courts. 20. No judicial officer, except justice of the peace, to receive fees; not to act as attorney or counselor. 31 . Publication of statutes . 22. Terms of office of present justices of the peace and local judicial officers. 23. Courts of special sessions. ARTICLE VII. Section 1 . State credit not to be given. 2. State debts, power to contract. 3. State debts to repel invasions. 4. Limitation of legislative power to create debts. 5. Sinking fund, how kept and invested. ■,,">-' 6. Claims barred by statute of limitations. - 7 . Forest preserve . Canals, not to be sold ; not applicable to certain canals ; dispo- sition of funds . 9. No tolls to be imposed; contracts for work and materials; no extra compensation. 10. Canal improvement and cost thereof. -^^ a 1 1 ARTICLE VIII. Section 1 . Corporations, formation of. 2 . Dues of corporations . 3. Corporation, definition of term. 4. Savings bank charters ; restrictions upon trustees ; special char- ters not to be granted. 5. Specie payment. 6. Registry of bills or note^. 'l'' - 7. Liability of stockholders of banks. 8. Billholders of insolvent bank, preferred creditors. 9! Credit or money of the state not to be given. 17 130 New Yobk State Constitdtion of 1894. ^'' Section 10. Counties, cities and towns not to give or loan money or credit; ' limitation of indebtedness. -,11 . State board of charities ; state commission in lunacy ; state com- mission of prisons. 12. Boards appointed by governor. 18. Existing laws to remain in force. 14. Maintenance and support of inmates of charitable institutions. 15. Commissioners contmued in office. AETICLE IX. Section 1 . Common schools . r^ 2. Regents of the university. ^„ 3. Common school, literature and the United States deposit funds. 4. No aid to denominational schools. AETICLE X. ^■'/ Section -1. Sheriffs, clerks of counties, district attorneys and registers; governor may remove. 2. Appointment or election of officers not provided for by this constitution. 3. Duration of term. 4. Time of election. ^ i, 5. Vacancies in office, how filled. '- ' '6. Political year. 7. Removal from office for misconduct, etc. 8. Office deemed vacant. 9. Compensation of officers . ARTICLE XI. Section 1. State mihtia. 2. Enlistment. ' 3. Organization of mihtia. 4. Appointment of military officers by the governer. 5. Manner of election of military officers prescribed by the legisla- ture. 6. Commissioned officers, their removal. ARTICLE XII. Section 1. Organization of cities and villages. 3 ' -2. Classification of cities ; general and special city laws ; special city laws ; how passed by legislature and acceptance by cities. 1 (_ 3. Election of city officers, when to be held ; extension and abridg- ment of terms. ARTICLE XIII. Section 1. Oath of office. 2. Official bribery and corruption. 3. Offer or promise to bribe. 4. Person bribed or offering a bribe may be a witness. ^/-—S. Free passes, franking privileges, etc., not to be received by a public officer; penalty. 6. Removal of district attorney for failure to prosecute; expenses of prosecutions for bribery. -tfEW ToBK State Constitution of 1894. 131 ARTICLE XIV. Section 1. Amendments to constitution, how proposed, voted upon and p ratified . Vij 2. Future constitutional conventions ; how called; election of dele- ' gates ; compensation ; quorum ; submission of amendments ; officers ; rules ; vacancies ; taking eflfect. ■8. Amendments of convention and legislature submitted coin- oidently. )^' ARTICLE XV. Section 1. Time of taking effect. Preamble. We, the people of the State of New York, grateful to Almighty God for our freedom, in order to secure its blessing, do establish this Constitution. GeNBKAL PbINCIPLBS of CONSTITtTTIONAl OoNSTBUCTION. A constitution is an instrument of government made and adopted by the people for pr£(ctioal purposis connected with the common business and wants of human life. (People v. N. Y. C. R. R. Co., 34 N. Y, 485; McKoan v. Deveries, 3 Barb. 196.) The meaning of the words in a constitutional provision is to be reached in two ways : first, by ascertaining what the framers desired to guard against by the provision; and, second, by ascertaining the meaning of the words when applied to a statute by writers and courts. (People v. Suptrvisors of Chau- tauqua, 43 N. Y. 10, 14.) A constitution should be so construed as best to promote the great objects for which it was made; avoiding the two extremes of a liberal or strict con- struction. (North River Steamboat Co. v. Livingston, 3 Cow. 713, 750.) In construing a constitutional provision, its history and the conditions and circumstances attending its adoption must be considered. (Sweet v. City of Syracuse, 129 N. Y. 316.) The rule of statutory interference with vested rights has but little, if any, application to the construction of the constitution. (Matter of Lee & Co.'s Bank, 31 N. Y. 9.) The same rules of construction which are applicable to statutes govern in constitutional interpretation. (Matter of New York District Railway, 43 Hun, - 631; affd., 10^ N. Y. 43.) In construing the language of a constitution the courts have nothing to do with the arguments db ineonvenienti. (People v. MorreU, 31 Wend. 563; NeweU v. People, 7 N. Y. 9, 109.) A constitutional provision should not be so construed as to work a public mischief, unless its language is 'uoh that no other course is open to the court. (People, ex rel. v. Lorillard, 135 N. Y. 385, citing Smith v. People, 47 id. 830; People, ex rel. v. Potter, id. 375; People, ex rel. v. Angle, 109 id. 564.) The terms of a written constitution if plain, clear and unambiguous, convey- ing a distinct meaning, wiU not be extended by implication. (Settle v. Van Evrea, 49N. Y. 280.) In giving construction to a constitutional provision the whole provision is to be considered, and the real intent should prevail over the strict letter, but that intent must be gatherpd from the language, unless this would lead to palpable injustice, contradiction or absurdity. (Adams v. East River Savings Inst., 136 N. Y. 53; afl'g 47 State Rep. 175.) Constitutions should be so construed as to give effect to every part thereof and leave each part some office to perform; to deprive any part of effect and meaning when it is susceptible of a different interpretation is unauthorized. (People, ex rel. v. Angle. 109 N. Y. 564; Cooley's Const. Lim., p. 73.) In construing a constitutional provision the intent of the enactment must prevail over the letter thereof. (People, ex rel. v. Lorillard, 185 N. Y. 385; People, ex rel. v. Potter, 47 id. 875.) 132 ]^EW ToEK State Constitution of 1894. Greater care and caution should be used in adding words to or striking them from the constitution, than if the ijrovislons were contained In a statute. (People, ex rel. v. Wemple, 125 N. Y. 485.) The constant and uniform construction of a constitutional provision by every department of the state government will have great, if not controlling weight, upon its interpretation, and almost the force of a judicial exposition (People V. Home Ins. Co., 93 N. Y. 338, 337; People, ex rel. v. Williams, 55 id. 867; People v. Supervisors of Orange, 17 id. 335.) It must be assumed that the legislature and all other public bodies intrusted with the functions of government will use the power conferred by the constitu- tion or the law fairly and in the public interests. (Clark v. State, 143 N. Y. 101.) Statutes are presumed constitutional, and a court will only declare them void in a clear case. (Roosevelt v. Goddard, 53 Barb. 533; People, ex rel. v. Durston, 119 N. Y. 569; Sweet v. City of Syracuse, 139 id. 316; People, ex rel. V. Rice, 135 id. 484.) A statute evading the terms, or the necessary implied purposes of a consti- tution is as olearlv void as if forbidden in express terms. (People v. Albert- son, 55 N. Y. 50.) ' A statute cannot be declared unconstitutional or defective where it may be completely executed. (People, ex rel. v. City of Rochester, 50 N. Y. 535.) The constitutionality of a statute is to be tested not by what has been done under it, but by what may by its authority be done. (Stuart v. Palmer, 74 N. Y. 183; Matter of South Market Street. 67 Hun, 594.) Actual and material injury must exist to warrant a court in declaring a statute unconstitutional. (People v. Canal Board, 55 N. Y. 390.) The question of constitutionality should be determined by the language and general scope of the statute, and not by independent inquiries as to facts out- side of the provisions of the statute itself. (Waterloo Woolen Mfg. Co. v. Shanahan, 138 N. Y. 345.) And if it cannot be made to appear by argument deduced from the language of the law itself or from matters of which the court can take judicial notice that the act is unconstitutional, it must stand. (People, ex rel. v. Durston, 119 N. Y. 569.) A court should not pass upon the constitutionahty of a statute unless neces- sary to a decision in a cause. (Frees v. Ford, 6 N. Y. 176 ; People v. Crissey, 91 id. 616; People v. Brooklyn, 89 id. 75.) Nor should a court declare a statute unconstitutional \mless required by the most cogent reasons, or compelled by unanswerable grounds. (People v. Budd, 117 N.Y. 13.) The language of the statute musfcomply with the constitution in substance and form. (People v. Allen, 42 N. Y. 404.) The general rule is that where a part of a statute is in conflict with the constitution, and that part is entirely separable from the residue, so that the other portion of it can be enforced without any reference to the former, the unconstitutional part only will be condemned. (Wynehamer v. People, 18 N.Y. 378, 441 ; Matter of De Vaucne, 31 How. Pr. 289.) Before a statute can be declared unconstitutional, it must be shown to be in direct conflict with the constitution. (Morris v. People, 3 Denio, 381 ; Grant V. Courier, 34 Barb. 333.) The courts should not imply a conflict between a statute and the constitu- tion. (Cochran v. Van Surlay, 20 Wend. 383 ; NeweU v. People, 7 N. Y. 109.) ^ When a statute and the constitution can be so construed as to enable both to stand, it is the duty of the com-t to give them that construction. (Sweet v. City of Syracuse, 129 N. Y. 316 ; People, ex rel. v. Terry, 108 id. 1) ARTICLE I. Persons not to be disfranchised.— Section 1. No member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers. [Section 1 of article I of the amended constitution of 1846, witlnut change.] New Toek State Constitution of 1894, ]33 A law affecting any rights of an individual can only be questioned as to con- stitutionality by the individual affected. (Sinclair v. Jackson, 8 Cow. 578; Waterloo Woolen Mfg. Co. v. Shanahan, 128 N. Y. 345.) '• Law of the land " does not mean the act of legislature which deprives the citizen of his rights, privileges or property. (Wynehamer v. People, 13 N. Y. 893, et seq., which is a leading case as to the meaning of " law of the land," and " due process of law." See, also, Taylor v. Poi-ter, 4 Hill, 140; White v. White, 5 Barb. 474; People V. Toynbee, 30 id. 168, 198; Green v. Shumway, 39 N. Y. 426; Bowe V. U. S. Reflector Co., 36 Hun, 410.) Statute providing for courts-martial not in conflict with this section. (People, ex rel. v. Daniell, 50 N. Y. 274, 280.) The provisions of this section do not take away the legislature's power of tax- ation. (Town of Guilford V. Supervisors, 13 N. Y. 143; People v. Supervisors of Ulster Co., 36 Hun, 491, 496.) Section 383 of the Penal Code prohibiting the exclusion of colored persons from places of amusement not in conflict with this section. (People v. King, 42 Hun, 1«6; affd., 110 N. Y. 4l8.) The sovereign power may regulate the use of one's property .with reference to the public welfare. (Id.) The right to liberty secured to the citizen by constitutional prohibitions includes the right to adopt and follow such lawful individual pursuits, not injurious to the community, as he may see fit. Principle applied to statute prohibiting manufacture of oleomargarine, etc. (People v. Marx, 99 N. Y. 377.) Section 292 of the Penal Code prohibiting employment or exhibition of child under fourteen jrears as a dancer, is not contrary to this section. (People v. Ewes, 47 St. Rep. 501; S. C. , 141 N. Y. 139; as to § 713 of Penal Code, see People, ex rel. Zeese, v. Maston, 79 Hun, 580.) The provision permitting the formation of a state commission from one political party is not in violation of the constitution. (Rogers v. Common Council of Buffalo, 123 N.Y. 173, 181.) Rights of citizens are not abridged by law providing for eight hours labor as in Laws 1891, chapter 105, title 84, section 504. (People v. Warren, 77 Hun, 120.) As to constitutionality of section 873 of Code of Civil Procedure providing for examination of person of plaintiff in personal injury cases. (Lyon v. Man. B. Co., 143 N. Y. 298.) Trial by jury. — 2. The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases_.in the manner to be pre- scribed by law. [Section 2 of article I of the amended constitution of 1846, without change.] The expression ' ' in all cases in which it has been heretofore used " is generic. It does not limit the right to the mere instances in which it has been used, but extends it to such new and like cases as might afterward arise. (Wynehamer V. People, 13 N. Y. 426.) The word " heretofore" in this clause means before 1846, and cannot be carried back to 1777 and confined to cases which at that early period were triable by a jury. (Id. 427. See also Riggs v. Shannon, 37 Abb. N. C. 456.) Such jury must be a jury of twelve men. (Id. 427; People, ex rel. v. Justices, 74 N. Y. 406.) Act creating special session for trial of petit larceny without> jury is con- stitutional. (Murphy v. People, 2 Cow. 815.) . , , , ^ Constitutional provision does not apply to the petty offenses triable before a court of special sessions. (People, ex rel. v. Justices, 74 N. Y. 406.) Right to trial by jury has no reference to proceedings intended merely to prevent the commission of offenses. (Duffy v. People, 1 Hill, 355; S. C, 6 Nor does it apply to special proceedings for removal of tenants. (Roberts v. Cone, 3 Alb .L.J. 151.) Nor to a proceeding for determining whether a license should not be revoked for violation of law. (People, ex rel. v. Com- missioners of Police of Brooklyn, 59 N. Y. 92.) Nor to imprisoning for non- 134 New Toek State Constitution of 1894. payment of costs. (Standacher v. Webb, 16 Hun, 42.) Nor to a summary pro- ceeding for judgment on a recognizance. (People v. Quigg, 59 N. Y. 83.) Legislature cannot take the right away by classing among disorderly persons those who are entitled to a jury trial . (People, ex rel. v. Baird, 4 Weekly Dig. 576.) Act of legislature not unconstitutional because it allows title to land to, be tried in an action of partition: party desiring jury trial may have it by issues sent to circuit for trial . (Ward v. Ward, 23 Hun, 431.) The provision of the constitution relative to trial by jury relates to the trial of issues of fact, in civil and criminal proceedings, and has no relation to assessments for damages for property taken for a public purpose . (Livingston V. Mayor of New York, 8 Wend. 85; Matter of NeweU Smith, 10 id. 449; People, ex rel. Herrick v. Smith, 21 N. Y. 595 ; Astor v. Mayor, 63 id. 580.) The trial by jury is preserved by the constitution in all oases in which it had been used prior to its adoption. But in controversies cognizable in courts of equity a jury trial was never, in general, resorted to. (Matter of the Empire City Bank, 18 N. Y. 199, 210; Sands v. Kimbark, 27 id. 147; Hudson v. Caryl, 44 id. 553, 555.). The lien law of 1862, relating to hens upon vessels, is not unconstitutional as infringing upon the right of trial by jury. (Sheppard v. Steele, 43 N. Y. 52.) As to constitutionality of mechanics' Jien law, see SchilUnger Fire Proof Cement Co. V. Arnott, 14 N. Y. Supp. 326. In an action to abate a nuisance, a jury trial is a matter of right. (Hudson V. Caryl, 44 N. Y. 553.) The circumstance of the question involved being one of fact does not of itself give a right to a trial by jury. (McKeoo v. See, 51 N. Y. 300.) If request for jury be not founded on tenable ground, even if right existed, the court would not err in refusing request. (Id.) Waiver of trial by jury may be adjudged upon any evidence which would be sufficient to constitute a waiver of rights in other cases. (Baird v. Mayor, 74 N. Y. 383 ; Powell v. Waldron, 89 id. 328; Hund v. Kennedy, 83 id. 149.) Act providing summary trial and punishment of public intoxication by magistrate is not repugnant to this section. (People v. Burleigh, 1 Crim. E. 532.) In an equitable action a trial by jury is not a matter of right ; it rests in the discretion of the court. (Knickerbocker Life Insurance Co. v. Nelson, 8 Hun, 21 ; Oushman v. Thayer Mfg Co., 76 N. Y. 365.) Defendant cannot be deprived of constitutional right to trial by jury because plaintiff demands equitable relief. (Libman v. Manhattan El. R. R. Co., 26 Abb. N. C. 433; S. C, 59 Hun, 428.) Freedom of worship; religious liberty.— § 3. The free exercise and enjoyment of religious profession and worship, without discrimina- tion or preference, shall forever be allowed in this State to all man- kind ; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State. [■jection 3 of article I of the constitution of 1846, without change.] This section does not shield a witness from cross-examination as to his religious belief. (Stanbro v. Hopkins, 28 Barb. 265.) A statute which prevents theatrical entertainments on Sunday is vaUd. (Lindenmuller v. People, 38 Barb. 548; Neundorff v. Duryea, 69 N. Y 557; People V. Hoynn, 20 How. Pr. 76.) Habeas corpus.— § 4. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension. [Section 4 of article I of the amended constitution of 1846, without change.] New Tobk State Constitution ov 1894. 135 The legislature cannot commit a person for contempt and then forbid all inquiry into the rightful exercise of that power, for this would take away the benefit of the writ of habeas corpus. (People, ex rel. McDonald, v. Keeler, 32 Hun, 568; 8. C, 99 N. Y. 463.) Excessive bail and flnes.^ § 5. Excessive bail shall not be required nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained. [Section 1 of article I of the amended constitution of 1846, witliout change.] The following is a history of the constitutional provision against cruel and unusual punishment found in the case of Matter of Bayard, 35 Hun, 546, opinion of Rumsey, J. : " We first find the injunction against cnietand unusual punishment in the Declaration of Bights, presented by the convention to Wil- liam and Mary before settling the crown upon them in 1688. That declaration recites the crimes and errors which had made the revolution necessary. These recitals consist of the acts only of the former king and the judges appointed by him, and one of them was that illegal and cruel punishment had been infiicted. (Stephen's Eng. Const. 44.) The punishments complained of were the pillories, slittings and mutilations which the corrupt judges of Bang James had infiicted without warrant of law, and the declaration was aimed at the acts of the execu- tive, for the judges appointed by him, and removable at pleasure, were practi- cally part of the executive. It ckarly did not then refer to the degree of pun- ishment, for the criminal law of England was at that time disgraced by the infliction of the very gravest punishment for sUght offenses, even petit larceny then being punishable with death. But the declaration was intended to forbid the imposition of punishment of a kind not known to the law, or not warranted by the law." The provision as to excessive bail only applies to criminal actions. (People V. Tweed, 18 Abb. [N. 8.] 148.) While the legislature has established a general maximum of punishment throughout the state for a crime, it may change or increase the punishment as to particular locaUties. (Matter of Bayard, 25 Hun, 546.) DisquaUfication from holding office is not an unconstitutional punishment for a crime. (Barker v. People, 20 Johns. 457.) This section confers power upon the courts to declare void acts of the legisla- ture prescribing punishments for crime, in fact cruel and unusual. (People, ex rel. Kemmler, v. Durston, 119 N. Y. 569.) But the act of 1888, chapter 489, providing for the infliction of the death pen- alty by means of electricity, is constitutional. (Id.) Bill of rights.— § 6. No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service, and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny, under the regulation of the Legislature), unless on presentment or indictment of a grand jury, and in any trial in any court whatever the party accused shall be aUowed to appear and defend in person and with counsel as in civil actions. No person shall be subject to be twice put in jeopardy for thesame offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation. [Section 6 of article I of the constitution of 1846, without change.] Indictment of grand jury.— This provision has reference to criminal pro- ceedings only, with a view to punishment under the criminal law. (IVIatter of Smith, 10 Wend. 449.) 136 New Toek State Constitution of 1894. The bill of rights must be interpreted in light of the law as it was when the bill was adopted, and though indictments could generally be tried only in the county where the offense was committed, there were exceptions by virtue of legislative enactment. (Mack v. People, 83 N. Y. 335; People v. DowUng, 84 id. 478.) An indictment found by a grand jury drawn under a void act is the indict- ment of a de facto grand jury selected and organized under the forms of law and therefore valid. (People v. Petrae, 93 N. Y. 138.) Provision of Code of Criminal Procedure allowing amendment to indictment, by direction of court, without prejudice to defendant, is constitutional. (People V. Johnson, 104 N. Y. 313.) Bight to counsel, etc. — A. prisoner confined in jail has a constitutional ri^ht to private interview with counsel, even before indictment. (People, ex rel. V. Risely, 13 Abb. N. C. 186.) The right to appear and defend with counsel cannot be denied an accused person in courts-martial. (People, ex rel. v. Van Allen, f 5 N. Y. 81.) But surh right is not given a policeman accused before a board of police commissioners (People, ex rel. v. Police Commissioners, 81 Hun, 209.) It is wrong to permit a jury to visit place where crime was committed with- out attendance of defendant or his counsel. (People v. Palmer, 48 tlun, 397.) Twice in jeopardy. — A new trial cannot be granted where the defendant has been acquitted. (People v. Comstock, 8 Wend. 549.) A writ of error will not lie in behalf of the people after judgment for defendant in a criminal case. (People v. Corning, 3 N. Y. 9.) May be tried again where plea to jurisdiction has been raised and prisoner discharged. (Gardiner v. People, 6 Park. 155, 190.) A prisoner against whom a vrrong judgment was pronounced upon a regular trial and conviction, cannot be subjected to another trial. (Shepherd V. The People, 35 N. Y. 406; see also, in this connection, Hartung v. People, 33 N. Y. 95; S. C, 36 id. 167.) An arrest of judgment after conviction upon the ground of mistake is no bar to trial for same offense. (People v. Casborus, 18 Johns. 351.) Where a jury failed to agree upon a verdict in a criminal case, and jury was discharged, the defendant may be tried again (People v. Goodwin, 18 Johns. 187); and where jury separated without authority before rendering a verdict a new trial could be had. (People v. Reagle, 60 Barb. 537.) A new trial may be had upon the reversal of a conviction at the instance of the defendant, since the jeopardy is incurred with the consent of and as a privilege granted to the defendant upon his application. (People v. Palmer, 109 N. Y. 413; People v. Rudolff, 5 Park. 77.) Where the defendant was acquitted upon some counts in an indictment and convicted on another, the reversal of the conviction does not disturb the acquittal and defendant can only be retried upon the count in which the verdict of conviction was rendered. (People v. Dowling, 84 N. Y. 478.) To sustain the plea of a former acquittal it must appear that the party was "put in jeopardy" by the former trial; so if indictment was defective in former trial it is no bar. (Canter v. People, 1 Abb. Dec. 305.) Conviction for assault and battery no bar to indictment for murder, where the person assaulted subsequently dies of the blows. (Burns v. Peonle. 1 Park. 183.) ^ Witness against himself. — By this provision no one is to be compelled in any judicial or other proceeding against himself, or upon the trial of issues between others, to disclose facts or circumstances that can be used against him as admissions tending to prove his guilt or connection with any criminal offense of which he may then or afterward be charged. ( People, ex rel. Tavlor V. Forbes, 143 N. Y. 319, 328.) ' f . •^<- •»J'i"i. A witness is not protected in a criminal case against another from being compelled to give testimony which implicates him in a crime when he has been protected by statute against the use of such testimony on his own trial (People exrd.j. Kelly 34 N. Y. 74, citing Perine v. Pixley, 7 Paige, 598; People V. Sharp, 107 N. Y. 437.) . Law of 1869, chap. 678, providing that accused "shall at his own request but not otherwise, be deemed a competent witness" is constitutional' (People V. Courtney, 94 N. Y. 490.) New Toek State Constitution of 1894. 137 By consenting to become a ■witness under the above act, defendant waive constitutional protection and subjects himself to the rules and tests appli- cable to other witnesses. (Connors v. People, 50 N. Y. 240; Brandon v. People, 43 id. 365.) Due process of law. — Due process of law requires that a party shall be properly brought into court and shall there have sn opportunity to be heard. The legislature has the right to take away a particular form of remedy and to give a new one. (People, ex rel. v. Supervisors, 70 N. Y. 328.) " Due process of law " cannot mean less than a prosecution or suit instituted and conducted according to the prescribed forms and solemnities for ascer- taining guilt or determining the title to property. (Taylur v. Porter, 4 Hill, 140.) Such summary proceedings as were recognized at common law and such as were authorized by statute prior to the adoption of the biU of rights may be regarded as "due process of law." (Rockwell v. Nearing, 35 N. Y. 80a.) 'Ihe guaranty that no person shall be deprived of his property without due process of law maybe vii lated without a physical taking; it may be destroyed or its value annihilated (Matter of ' acobs, 98 N. Y. 98, 105, citing Wynehamer V. People, lb id. b78, and People v. Otis, 90 id. 48.) All property is protected by this provision without reference as to whether its abuse engenders mischief. (Wynehamer v. People, 13 N. Y. 3^8.) As to meaning of word " liberty " in this provision, see People v. GiUson, 109 N. Y. 389. The meaning of the word " deprived " is the same as "taken" in the same section; and when property is not seized and directly appropriated to public use, though it be subjected to greater burdens than before, it is not taken without due process of law. (Grant v. Courter, 24 Barb. 233.) This provision is not confined to judicial proceedings, but extends to every case which may deprive a citizen of life, liberty or property, whether the pro- ceeding be judicial, administrative or executive. (Stuart v. Palmer, 74 N. Y. 183, containing collation of authorities as to meaning of "due process of law.") It has no reference to disciplinary proceedings before a medical society. (Matter of Smith, 10 Wend. 449.) It does not mean that a trial by jury is necessary. (Wynehamer v. People, 13 N. Y. 878, 425; People, ex rel. Herrick v. Smith, 31 id. 595.) ' This constitutional protection to property may be waived by the owner. (People V. Turner, 117 N. Y. 337.) Personal service of process is not necessary. The legislature may provide for bringing in parties by pubhcation of notice. (Matter of Empire City Bank, Ih N. Y. 199; Owaers of Ground, etc., v. Albany, 15 Wend. 874; Happy V. Mosher, 48 N. Y. 31b; Matter of Union El. R. R. Co. of Brooklyn, 112 id. 61.) Section 435 of the Code of Civil Procedure, providing a substituted service in lieu of personal service, is not violative of the constitutional pro- vision. (Bank v. Thurber, 74 Hun, 632.) Taxation is not taking property without due process of law. (People, ex rel. V. Mayor of Brooklyn, 4 N. Y. 419; Town of Guilford v. Supervisors, 18 id. 145; People v. Supervisors of Ulster Co., 36 Hun, 491.) A hearing or an opportunity to be heard in an assessment for local improve- ment is, however, absolutely essential. (Stuart v. Palmer, 74 N. Y. 188.) A statute directing an assessment for street improvement must contain some provision giving notice to property-owners. (McLaughlin v. Miller, 134 N. Y. 510; Remsen v. Wheeler, 105 id. 573.) Laws 1871, chapter 464, title 10, relating to assessments of water rates in Long Island City, are unconstitutional for want of provision for notice and hearing. (Matter of Trustees of Union College, 139 N. Y. 308.) ,_ . . A ' ' grievance day " — an opportunity to be heard in respect to the j ustice and correctness of a proposed assessment — is a necessary part of the due process of law for the levying of^assessments on property. (People, ex rel. v. Henion, 64 Hun, 475.) Sections 663 and 665 of New York consolidation act reqmnng all tenement- houses to have water on each floor is unconstitutional, as not providing an opportunity to be heard. (Health Dept. v. Trinity Church, 43 St. Rep. 143.) 18 138 New Yoek State Ookstitution op 1894. Collateral inheritance tax law gives sufficient notice and opportunity for a hearing, and does not invade constitutional rights. (Matter of McPherson, 104 N.Y. 306.) The principle of no opportunity to be heard does not apply to statute provid- ing that property may be sold for unpaid water rates. (Hennessey v. Volken- ning, 30 Abb. N. C. 100.) Provision for some mode of judicial proceeding, when property or effects of a corporation are seized by virtue of a statute, is not essential to validity of statute. (People, ex rel. v. Osbom, 57 Barb. 663.) The common-law right of summary abatement of nuisance vrithout judicial process or proceeding is not affected by this constitutional protection. (Lavrton V. Steele, 119 N. Y. 226.) Prospective salary or other emoluments of a public officer are not property, and an act affecting salary or providing salary in place of fees is constitutional. (Connor v. Mayor, etc., of N. Y., 5 N. Y. 385.) The power of the legislature to change existing rules of evidence, and vary existing rules for limitation of actions is not affected by this constitutional pro- hibition. (People V. Turner, 117 N. Y. 227, citing Rexford v. Knight, 11 id. 808; Hand v. Ballou, 12 id. 541; Howard v. Moot, 64 id. 262.) Act conferring upon legislature the right to punish, as for contempt, a per- son refusing to appear as a witness before that body or a committee thereof, is not in violation of this provision. (People, ex rel. v. Keeler, 99 N. Y. 463.) An act curing defects in a tax sale, where such defects exist as mere irregu- larities and do not extend to matters of jurisdiction, is constitutional . (Ensign V. Barse, 107 N.Y. 829.) But where assessment is void and sales thereunder conveyed no title, act cannot be passed validating such assessment and sales. (Cromwell v. MacLean, 123 N. Y. 474.) Statute providing for appointment of not more than two civU service com- missioners from same political party not in violation of this provision. (Rog- ers V. Common Council of Buffalo, 123 N. Y. 173.) Statute (L. 1888, chap. 581) fixing the maximum charge for elevating grain is not violative of the constitutional guaranty protecting private property. (People V. Budd, 117 N. Y. 1. This case is a leading one on the constitu- tional limitation of the power of the legislature.) Statute regulating heating of cars valid. (People v. N. Y. &N. H. R. R. Co., 5 N. Y. Supp. 945.) So is L. 1885, chap. 183, § 7, prohibiting manufac- ture of article in semblance of butter. (People v. Arensburg, 105 N.Y. 123.) Statute prohibiting watering of milk invades neither life, liberty nor property. (People V. West, 106 N. Y. 293.) Act regulating height of buildings facing public streets is constitutional. (People, ex ret. v. D'Oench, 111 N.Y. 359.) Game Law of 1871, chap. 721, is declared vaUd. (Phelps v. Racey, 60 N.Y. 10.) ^ F J. Act regulating catching of fish in inland waters constitutional. (People v. Doxtater, 75 Hun, 472.) Sections 238, 240 of Game Law (L. 1893, chap. 488) are not unconstitutional as depriving a county of property without due pro- cess of law. (People, ex rel. v. Crennan, 141 N. Y. 239.) Provisions of " vin- egar act" (L. 1889, chap. 515, § 4), prohibiting manufacture and sale of vin- egar containing artificial coloring matter, is constitutional. (People t. Girard, 73 Hun, 457.) Rapid transit act of 1891, chap. 4, is constitutional. (Matter of Board of Rapid Transit R. R. Commissioners, 47 St. Rep. 347.) Civil damage act is valid. (Bertholf v. O'Reilly, 74 N. Y. 509.) Law 1855, chap. 231, subjecting intoxicating liquors, when kept for sale, to destruction is unconstitutional. (Wynehamer v. People, 13 N. Y. 878,486.) Act of legislature (L. 1862, chap. 459) authorizing seizure and sale of ani- mals trespassing within a private inclosure without judicial process, is against this constitutional guaranty . (Rockwell v. Nearing, 35 N. Y. 302.) Amend- atory act of 1867, chap. 814, provided necessary notice and hearing and is con- stitutional. (Campbell v. Evans, 45 N. Y. 356.) The temporary seizure, as authorized by this statute, awaiting judicial action, is not violative of the con- stitution. (Cook V. Gregg, 46 N. Y. 489.) Statute (L. 1884, chap. 272) prohibiting the manufacture of cigars, etc., in tenement-houses unlawfully interferes with liberty and the use of property and is unconstitutional. (Matter of Jacobs, 98 N. Y. 98.) To sustain a' health law as constitutional against objection that it interferes with personal New Yobk State Constitution of 1894:. 139 liberty, etc., without due process of law, the courts must be able to see that it has some relatiou to public health, that the public health is the end actually aimed at, and that it is appropriate and adapted to that end. (Idem; contain- ing collation of authorities on legislative power of police regulation, and see People V. Gillson, 109 N. Y. «89.) L. 1889, chap. 59, § 4, providing that upon the publication of a notice, a negotiable instrument shall no longer be transferable deprives the owner of his property without due process of law and is unconstitutional. (People, ex rei. V. Otis, 90N. Y. 48.) Act prohibiting sale of articles of food upon inducement of a gift or prize, invades personal rights and is unconstitutional. (People v. Gillson, 109 N. Y. 389.) L. 1884, chap. 203, prohibiting manufacture and sale of any article to take the place of butter is unconstitutional. (People v. Marx, 99 N. Y. 377,) The right to build frame houses within the fire limit of a city, granted by the common council, cannot be rescinded by subsequent action after houses are partly built. Such rescission would be unconstitutional. (City of Buf- falo V. Chadeaque, 37 St. Rep. 60.) That part of L. 1884, chap. 202, § 13, requiring that milk shall be declared adulterated if it do not contain a certain percentage of certain ingredients deprives an accused person of his liberty and property without due process of law. (People v. Cipperly, 37 Hun, 819.) Act validating stock subscription to a corporation is depriving persons of property without due process of law. (N. Y. & Oswego E. R. Co. v. Van Home, 57N. Y. 473.) Private property for public use. — Property cannot be taken by act of Legislature for a purpose not of a public nature. (Powers v. Bergen, 6 N. Y. 358, 367; Matter of Citjr of BuflEalo, 46 St. Rep. 81 .) Lands owned by a private individual or corporation and devoted to use as a private cemetery may be condemned for public use. (Matter of Bd. of Street Opening, 133 N. Y. 329.) A law depriving an owner of property of its beneficial use and free enjoy- ment or imposing restraints materially affecting the value, without legal pro- cess or compensation, is unconstitutional. (Forster v. Scott, 136 N. Y. 577.) The owner of lands adjoining a navigable river in which tide ebbs and flows has no property in the land below high-water mark and is not entitled to compensation for the taking for a public use. (Gould v. Hudson R. R. Co., 6 N. Y. 522, distinguished in Eumsey v. N. Y. & N. E. R. R. Co., 114 N. Y. 423, 429 and overruled in id., 133 N. Y. 79, 85.) Right to maintain a watercourse is "property" protected by the constitu- tion and cannot be impaired without compensation. (Arnold v. Hudson R. R. Co.,55N. Y. 661.) The right to enjoy free from smoke, gas, steam, cinders, etc., caused by the operation of an elevated road is properly within the constitutional meaning and cannot be taken without compensation. (Abendroth v. Manhattan Ry. Co., 19 Abb. N. C. 247.) The owner of gypsum in lands over which highway runs, who is not owner of land, is entitled to compensation. (People, ex rel. v.-Eldredge, 3 Hun, 541.) A stream in which riparian owners have vested rights is private property and cannot be made a public highway by statute without compensation. (Morgan v. King, 35 N. Y. 454.) Right to maintain a toU bridge is private property. (Matter of Hamilton Avenue, 14 Barb. 405.) But diminution of its value by opening a free bridge in a neighborhood is not a " taking" within the constitutional provision. (Id.) Franchise of a street railroad is property and entitled to constitutional pro- tection. .(People V. O'Brien, 111 N. Y. 1, 40.) The power to take private property for public use is inseparable from the sovereign power of the state, and the constitution merely regulates it by requiring that just compensation be made to the owner. (Matter of Furman Street, 17 Wend. 649.) The right to take may be delegated by the sovereignty for a public use. (Bloodgood V. the Mohawk & H. R. R. Co., 18 Wend. 59.) The statute granting a railroad corporation the right to take, need not spec- ify the land to be taken, but can delegate to the corporation the right to choose. (BuflEalo & N. Y. R. R. Co. v. Brainerd, 9 N. Y. 100.) 14:0 TSbw Toek State Constitution ov 1894. If use be public legislatures are tole judges as to whether benefit is such as to warrant delegation of power. (Matter of Towrisend, 39 N. Y. 171.) And an act is not unconstitutional because the power is delegated to a foreign cor- poration (Id.) There must be a public use to authorize a taking. {la re Albany Street, 11 Wend. 148; In re John and Cherry Streets, 19 id. 676; Varick v. Smith, 5 Paige, 187; Cochran v. Van Suiley, 30 Wend. 365;, Bloodgood v. The Mohawk & Hudson B. R. Co., 18 id. 59; Embury v. Connor, 3 N. Y. 511.) Legislature may authorize a municipality to take for public use. (Hey ward V. Mayor, etc., 7 N.Y. 314.) Taking land for a railroad is a public use. (Buffalo and N. Y. R. R. Co. v. Brainerd, 9 N. Y. 100; People v. Law, 34 Barb. 494.) But under the provisions of the general railroad act a corporation can take only so much and such land as the proper execution of its corporate purposes requires and renders necessary. (Matter of South Beach R. B. Co., 119 N. Y. 141.) Construction of a street surface railroad in a city street is not such an infringement of the vested rights of an abutting owner as to require compen- sation. (Clark V. Rochester City & B. B. R. Co., 18 St. Rep. 903, citing People V. Kerr, 37 N. Y. 188; Killinger v. Forty-second St. R. R. Co., 50 id. 3u6; Mahady v. Bushwiok R. R. Co.. 91 id. 148.) Use of strqet by el< ctric light company is a public use to which street may be devoted and compensation is unnecessary. (People, eoo rel. v. Thompson, 65 How. Pr. 407.) Use of the public of an elevated railroad comes within the limits of what is known as a pubUc use. (Spader v. N. Y. El R. R. Co., 3 Abb. N. C. 467.) Laying of gas pipes to supply gas to cities and tow^hs for lighting streets and public places is for a public use. (Bloomfield Gas Co. v. Richardson, 68 Barb. 437.) . . . Acts passed authorizing supply of water to city of Middletown for " public and private purposes" are constitutional. Words " and private purposes" are surplusage. (Matter of Middletown, 83 N. Y. 196. See also Stamford Water- Works Do. V. Stanley, 39 Hun, 434.) Preservation of public health is a public purpose and act providing for drainage (L. 1869, chap, 688) is constitutional. (Matter of Ryers, 73 N. Y.. 1.) Provision in an act authorizing condemnation of land for park purposes that city may sell such lands when no longer necessary for park purposes does not render act unconstitutional as taking for a use not public. (Matter of City of Rochester. 137 N. Y. 243.) The question whether the use is a public one is a judicial one, to be deter- mined by the courts. (Matter of Deanville Cemetery, 66 N. Y. 569 ; Pocantico Water- Works Co. v. Bird, 130 id. 349.) The grant by the legislature of the right to take is not conclusive evidence that the use is a public one. (Id.) A possible limited use by a few persons, and then not as a right, but by way of permission or favor, is not sufficient to authorize the taking of private property against the wUl of the owner. (Matter of the Split Rock Cable Road Co.,ia8N. Y. 408.) The erection of an elevated railroad in a street, which will to some extent obscure the light of the abutting premises and depreciate their value is a taking of such property, requiring compensation. (Story v. N. Y. El. R. B. Co., 90 N. Y. 133.) Where a highway is taken for railroad purposes compensation must be made to owners of fee. (Trustees, etc., v. Aub. & Roch. R. R. Co., 3 Hill, 567 ; Fletcher v. Aub. & Syr. R. R. Co., 35 Wend. 463 ; Bloodgood v. Mohawk & Hudson R. R. Co., 18 id. 9; Brown v. Cayuga & Susq. R. R. Co.,13N. Y. 486.) Occupancy and use of lands for purpose of constructing and maintaining ditches is such an interference with the proprietary interests of the owner as to entitle him to compensation for the taking. (People, ex rel. v. Haines, 49 N. Y. 587.) Act which invades ownership must provide for a certain definite and ade- quate source and manner of payment. (Matter of Mayor, etc., of New York 99 N. Y. 569; Sage v. City of Brooklyn, 89 id. 189 ; Kelly v. Mayor, etc., of New York, 6 Misc. Bep. 516.) Compensation need not be paid before appropriation of land. (Bloodgood v Mohawk & Hudson R. R. Co., 18 Wend. 9.) New Toek State Constitution of 1894. 141 It ie sufficient if statute provides for securing the right of compensation; the actual making of such compensation is not a condition precedent. (Patten V. Elevated R. R. Co., 3 Abb. N. (J. 306.) Provision in act providing for compensation one year after damages are appraised does not render act unconstitutional. '(•^'Itn v. Village of North- ville, 39 Hun, 240.) Payment of compensation may be deferred until it can be raised by tax. (Hammersly v. Mayor, etc., 56 N. Y. 533 ; Chapman v. Gates, 54 id. 138.) Act authorizing entry for preliminaiy survey for railroad before compensa- tion is made is constitutional, if it makes suitable provision for compensation in case land is subsequently taken. (Polly v. Sara. &Wash. R. R. Co., 9 Barb. 44H,) Provisions of village charter for local special assessment, and not imposing a duty upon the village to pay for land taken are unconstitutional. (Matter of So. Market Street, 67 Hun, 594.) The right to acquire property for public purposes and defer payment can- not be vested in a private corporation. (Dusehbury v. Mutual Tele. Co., 11 Abb. N. C. 440.) Act of legislature (L. 1853, chap. 68) authorizing highw^ays to bo laid across railroad tracks is not taking property vcithout compensation. (Albany Nor. R. R. Co. V. Brownell. 84 N. Y. 345.) After judgment has been rendered in an action, the fruits thereof are rights of pro)ierty, and an act of legislature (§ 1440, Code of Civil Procedure) nullify- ing such judgment, is unconstitutional. (Oilman v. Tucker, 128 N. Y. 190.) Municipal corporation may pass ordinance compelling removal of snow and ice, and penalty for failure is not depriving of property without compensation. (Village of Carthage v. Frederick, 122 N. Y. 268.) As to distinction between taxation and taking private property without com- pensation. (People, ex rel. v. Mayor of Brooklyn. 4 N. Y. 419; Sun Mutual Ins. Co. V. Mayor, etc., 8 id 241; Brewi-ter v. City of Syracuse, 19 id. 116.) An assessment for benefit to pay the expense of a local improvement falls within legitimate use of taxing power (Stryker v. Kelly, 7 Hill, 9; People, ex rel. V. Lawrence, 41 N. Y. 123, 137.) Act authorizing town to raise money by taxation for purchase of stock of railroad company is for a public improvement and is in no sense depriving a resident of his property without compensation. (Grant v. Courter, 24 Barb. 238; Bank of Rome v. Rome, 18 If. Y. 38.) Assessments for repaving streets, a species of taxation not covered by the constitutional prohibition. (Moran v. City of Troy, 9 Hun, 540.) Legislature may impose a local tax for construction of canal. (Thomas v. Leland, 24 Wend. 65.) Confirmation of an irregular and invalid assessment is not taking private property without compensation. (Mann v. City of Utica, 44 How. Pr. 334.) A law authorizing assessments without reference to benefits would be uncon- stitutional as taking private property without compen-ation. (Stuart v. Palmer, 74 N. Y. 183.) . , . , Nuisances may be abated by act of legislature without violating the provi- sions of the constitution. (Coe v. Shultz, 47 Barb. 65; Kelly v. Mayor, etc., of N. Y.,6Misc. Rep. 516.) Act regulating the use of wharves in a seaport does not deprive the owners of any of their rights or privileges. (Roosevelt v. Godard, 52 Barb. 533.) This constitutional protection may be waived by the owner. (Embury v. Conner, 3 N. Y. 511; People v. Turner, 117 id. 287; Matter of Hand Street, 55 Arid the constitutional objection can only be raised by the owner. (People V. Turner, 117 N. Y. 227; Waterloo Woolen Mfg. Co. v. Shanahan, 128 id. 845.) The question of just compensation is judicial in its nature and must be con- ducted in a court having jurisdiction over the subject-matter. (In re City of Buffalo, 139 N. Y. 422.) Compensation for taking private property ; private roads ; drainage of agricultural lands.— § 7. When private property shall be taken for aDj"^ public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a 142 'N'E.w York State Constitution of 1894. jury, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and the amount of all damage to be sus- tained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. General laws may be passed permitting the owners or occupants of agri- cultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and dykes upon the lands of others, under proper restrictions and with just compensation, but no special laws shall be enacted for such purposes. [Section 7 of article I of the amended constitution of ! 846, amended. The last sentence, relating to the drainage of agricultural lands, Is new.] | The jury referred to in this set tion meansa jury drawn in the ordinary way, but a majority o£ them may render a decision. (Cruger v. Hudson R. R. Co., 13N.Y. 190.) This section intends that one jury or one commission conducted in a proper manner is to determine finally the rights of the parties where land is taken for a public use. (Schneider v. City of Rochester, 8 Misc. Rep. 652.) A statute authorizing the common council to appoint assessors to determine the damages is unconstitutional. (House v. City of Rochester, 15 Barb. 617; Clark V. City of Utica, 18 id. 451.) This section is not a restriction upon the legislative power to provide for a reassessment of damage-i, by a jury, after they have been once assessed by commissionerp. (Clark v. Miller, 54 N. Y. 528.) The constitutional provision as to the manner of ascertaining the compensa- tion to be paid for private property when taken for public use, may be waived by the owner. (Matter of Hand Street, 55 Hun, 132; Baker v. Braman, 6 Hill, 47; Matter of Village of Middleton, )r3 N. Y. 196; Embury v. Conner, 3 id. 511; Sherman v. McKeon, 38 id. 266; Menges v. City of Albany, 56 id. 374.) This section does not apply to a case where property is taken by the state for canal purposes. (Waterloo Woolen Mfg. Co. v. Shanahan, 128 N. Y. 345.) A statute that provides that on an appeal from an award of commissioners the court may increase or diminish the amount of compensation to landowners, is unconstitutional under this section. (Matter of Malone Water- Works Co., 88 State Rep. 95 ) The creation of a new road which answers as a substitute for a private road, does not affect the title of the party to the private road. (Crounse v. Wemple, 39 N. Y. 540.) In relation to drainage, see People, exrel, Pullman, v. Henion, 64 Hun, 471, and cases cited. Freedom of speech and press; criminal prosecutions for libel. — § 8. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press . In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. [Section 8 of article I of amended constitution of 1846, without change.] This section applies only to crimirial prosecution. (George v. Jennings 4 Hun, 66.) ° ' New Toek State Cohstitdtion of 1894. 143 The act prohibiting advertising of lotteries is constitutional. (Hart v. People, 26 Hun, 306.) The erection and exhibition of a statue of a deceased person does not come within the provisions of this section, and its erection and exhibition -may be enjoined where they will cause pain and distress to the relatives of the deceased. (Schuyler v. Curtis, 80 Abb. N. C. 376; 24 N. Y. Supp. 509.) A by-law of a news association prohibiting its members from receiving or publishing the regular news dispatches of any other news association covering a like territory, is not a violation of this section. (Matthews v. Associated Press of N. Y., 61 Hun, 199.) Plight to assemble and petition ; divorces ; lotteries, pool-selling and gambling, laws to prevent.— § 9. No law shall be passed abridging the right of the people peaceably to assemble and to petition the govern- ment, or any department thereof; nor shall any divorce be granted otberwise than by due judicial proceedings; nor shall any lottery or the sale of lottery tickets, pool-selling, book-making, or any other kind of gambling hereafter be authorized or allowed within this state; and the Legislature shall pass appropriate laws to prevent offenses against any of the provisions of this section. -2^ [Section 10 of article I of the 'amrnded conetitutinn of 1846, amended. The part of this section relating tn pool-eelline, book-making and other kinds of gambling is new. By the amendment the act known as the Ives pool bill (L'. 1887, chap. 479) and the acts amendatoiy thereof are rendered invalid.] Any distribution of prizes bv chance is a lottery. (Eolfe v. Delmar, 7Rob. 80.) Payment of prizes in money is not necessary to constitute a lottery; it is a lottery if the prizes are payable in lands and chattels. (Governors of Alms- house V. American Art Union, 7 N. Y. 228.) This section applies to the sale of foreign lottery tickets in this state. (Charles v. People, 1 N. Y. 180.) Where the intent was to sell packages of candy for more than their value, the purchasers taking the chance of getting a package containing a .ticket entitling him to a prize, it is a lottery. (Hull v. Buggies, 56 N. Y. 424.) So is a " gift-concert" enterprise. (Negley v. Devlin, 12 Abb. [N. 8.] 210.) So is the game of "playing policy." (Wilkinson v. Gill, 74 N. Y. 63.) When any pecuniary consideration is paid, determined by lot or chance, according to some scheme held out to the public, what and how much he who pays the money is to receive for it, that is a lottery. (People v. Noelke, 94 N. Y. 137; Kohn v. Koehler, 96 id. 362, 367; Irving v. Britton, 8 Misc. Rep, 201.) Escheats. — §10. The people of this State, in their right of sover- eignty, are deemed to possess the original and ultimate property in and to all lands within the jurisdiction of the State; and all lands the title to which shall fail, from a defect of heirs, shall revert, or escheat to the people. [Section 11 of article I of the amended constitution of 1846, without change] For proceedings before the commissioners of ^the land oflSce for the release of escheated lands, see L. 1894, chap. 817. Lands do not escheat if there be a remote heir capable of taking. (Jackson V. Jackson, 7 Johns. 214,) Thestatutes of 1833 and 1834 relating to the relinquishment of escheats are constitutional. (Englishbe v. Helmuth, 3 N. Y. 294.) Escheats are subject to the liens of the creditors. (Mooers v. White, 6 Johns. Ch. 360.) 144 IMew Toek State Constitution of 1894. Escheats are subject to outstanding life estates. (People v. Conklin, 3 HiU, 67.) And to purchase-money mortgages. (Farmers' Loan and Trust Co. v. People, 1 Sandf . Ch. 139.) Where lands escheat to the state, the state may grant the same without actual entry or inquisition, even though it be held adversely by one claiming title thereto. (McCaughal v. Ryan, 27 Barb. 376.) As to the effect of alienage upon titles to lands. (Leggett v. Dubois, 5 Paige, 114; Johnson v. Hart, 3 Johns. Cas. 823; People v. Conklin, 3 Hill, 67; Jackson v. Etz, 5 Cow. 314 ; Johnston v. Spicer, 107 N. Y. 185, containing a history of legislation on subject of escheats.) Feudal tenures abolished. — § 1 1. All feudal tenures of every descrip- tion, with all their incidents, are declared to be abolished, saving how- ever, all rents and services certain which at any time heretofore have been lawfully created or reserved. [Section 13 of article I of the amended constitution of 1846, without change.] Allodial tenures, — §12. All lands within this State are declared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners, according to the nature ' of their respective estates. [Section 13 of article I of the amended constitution of 1846, without change^ Grants by the French government are not a legal title. (Jackson v. Ingra- ham, 4 Johns. 163.) The title to lands under water in navigable rivers where the tide ebbs and flows is in the people. (Gould v. Hudson R. R. Co., 6 N. Y. 532; Kerr v. W. 8. R. R. Co., 127 N. Y. 269.) Leases of agricultural lands.— | 13. No lease or grant of agricultural land, for a longer period than twelve years, hereafter made, in which shall be reserved any rent or service of any kind, shall be valid. [Section 14 of article I of the amended constitution of 1846, without change] A lease of agricultural lands for twelve years, with a covenant of renewal for twelve vears, if the lessor should livi', is void as to the renewal, but valid for the original term. (Hart v. Hart, 33 Barb. 606.) In consideration of a covenant to support the plaintiff for life, she conveyed her real property for life, and certain personal estate, and agreed to devise a certain parcel of land; held not a lease under this section. (Stephens v. Rey- nolds, 6 N. Y. 454.) ' To bring a lease within this section, it must reserve rent, as rent, 'payable in money or otherwise at stated periods. A grant or lease of land for life for a specified consideration, whether payable in installments or at one time, is not within the meaning of this provision. (ParseU v. Stryker, 41 N. Y. 480.) Agricultural land may be leased for other than agricultural purposes for a longer period than twelve years if the lease contains a restriction as to their use. (Odell v. Durant, 63 N. Y. 524.) Where two leases are executed at the same time, for the same lands, for eight and twelve years respectively, both are void. (Clark v. Barnes, 76 N. Y. 301.) A lease by a doweress for a certain term, and if at the expiration she be living, then for her natural Ufe; held, a sale and, therefore, not within this sec- tion. (Rutherford v. Graham, 4 Hun, 796.) A judgment of foreclosure estops the parties from setting up that the lease was void because of agricultural lands leased for longer than twelve years. (Witherbee v. Stover, 33 Hun, 27, distmguishing the case of Odell v. Durant, 63 N. Y. 534.) IS'ew York State Constitution of 1894. 145 Fines and quarter-sales aTjolished.— § 14. All fines, quarter-sales or other like restraints upon alienation, reserved in any grant of land hereafter to be made, shall be void. [Section 15 of article I of the amended constitution of 1846, without change.] A reservation, in a conveyance in fee, of a right of purchase by the grantor, or his representatives, whore the property is offered for sale by the grantee or his reoresentatives, and a reservation of a right to a portion of the sale-money when the property is sold, are illegal restraints upon the power of alienation. (DePeyster v. Michael, 6 N. Y. 467.) Purchase of lands of Indians. — § 15. No purchase or contract for the sale of lands in this State, made since the fourteenth day of October, one thousand seven hundred and seventy-five; or which may hereafter be made, of, or with the Indians, shall be valid, unless made under the authority, and with the consent of the Legislature . [Section 16 of article I of the amended constitution of 1816, without change.] While the word "Indians" is used in the plural it includes the purchase from a single Indian. (Goodell v. Jackson, 20 Johns. 693; Lee v. Glover, 8 Cow. 189.) / The policy of the state has been to prohibit all private dealings with and purchases from Indians, except under the supervision of public officials and with the consent of the legislature. (Seneca Nation v. Christie, 136 N. Y. 123; Fellows v. Denniston, 23 id. 420.) Common law and acts of the colonial and state legislatures. — § 16. Such parts of the common law, and of the acts of the Legis- lature of the colony of New York, as together did form the law of the said colony, on the nineteenth day of April, one thousand seven hundred and seventy-five, and the resolutions of the Congress of the said colony, and of the convention of the State of New York, in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have n®t since expired, or been repealed or altered; and such acts of the Legislature of this State as are now in force, shall be and continue the law of this State, subject to such alterations as the Legislature shall make concerning the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this Constitution, are hereby abrogated. ^ [Section 17 of article I of the amended conatltutioa of 1846, amended, b7 striking out the part of such section 17 as related to the appointment and duties of the codification commissioners.] Only so much of the common law of England was in force in this state as was applicable to our circumstances and condition, and therefore the English doctrine of easements in light and air never prevailed. (IVIyers v. Gemmel, 10 B«b. 537.) The English statute of charitable uses is no part of the law of this state. (Dutch Church in Garden St. v. IMott, 7 Paige's Ch. 77; Holland v. Alcock, 108 N. Y. 313, citing Williams v. Williams, 8 id. 525, and Bascom v. Albertson, 34 id. 584, and containing a collation and discussion of the nature and history of the English doctrine of charitable uses.) The statute law of the mother country, when introduced by consent, became part of the common law of this State. (Bogardus v. Trinity Church, 4 Paiges' Ch. 177, 198.) 19 146 JN"ew Toek State Constitdtion of 1894. An English statute which by this section is made the common law of the state will be presumed to be the common law of another state, in absence of proof to the contrary. (Cahill Iron Works v. Pemberton, 30 Abb. N. O. 450.) Grants of land made by the king of Great Britain since 1775; prior grants.— § 17. All grants of land within this State, made by the king of Great Britain, or persons acting under his authority, after the four- teenth day of October, one thousand seven hundred and seventy-five, shall be null and void; but nothing contained in this Constitution shall affect any grants of. land within this State, made by the authority of the said king or his predecessors, or shall annul any charters to bodies politic and corporate, by him or them made, before that day; or shall affect any such grants or charters since made by this State, or by persons acting under its authority; or shall impair the obligation of any debts contracted by the State, or individuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice. [Section 18 of article I of the amended constitution of 1846, without change.] This section, by declaring null all patents of lands in the state granted by the king subsequent to October 14, 1775, impliedly confirroed those granted prior to that date. (People v. Clark, 10 Barb. 130; affirmed on appeal, 9 N. Y. 349.) , This section is not a restraint upon legislative power . Its object was simply to leave the charters referred to intact as far as the operation of the constitu- tion itself was concerned. (Demarest v. Mayor, 74 N. Y. 161.) L. 1873, chap. 335, abolishing the board of assistant aldermen of the city of Now York, and transferring their powers and duties to the board of aldermen, is constitutional. (Id.) Damages for injuries causing death. — § 18. The right of action now existing to recover damages for injuries resulting in death, shall never be abrogated; and the amount recoverable shall not be subject to any statutory limitation. i_,j [This section is new. By virtue of its provisions that part of section 1904 of the Code of Civil Procedure, limitine the amount ot damages recoverable for negligence causing death, will be unconstitutional after January 1, 1895.] ARTICLE 11. aualiflcation of voters.— Section 1. Every male citizen of the age of twenty one years, who shall have been a citizen for ninety days, and an inhabitant of this State one year next preceding an election, and for the last four months a resident of the county, and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people, and upon all questions which may be submitted to the vote of the people, provided that in time of war no elector in the actual military service of the State, or of the United States, in the army or navy thereof, shall be deprived of his vote by reason of his absence from such election district; and the Legislature shall have power to provide the manner in which and the time and place at which such absent electors may vote, and for the New Toek State Constitbtion of 1894. 147 return and canvass of their votes in the election districts in which they respectively reside. , [Section 1 of article II of the amended constitution of 1840 amended by requiring a citizenship of ninety days, instead of ten, before election.] Mere declaration does not constitute residence. The facts determine. (Silvey v. Lindsay, 107 N. Y. 59.) Residence means the act of being seated or settled in a place. It imports not only personal presence in a place, but an attachment to it by those acts or habits which express the closest connection between a person and a place. (Matter of Collins, 64 How. Pr. 63.) Residence may be acquired by living on a lighter attached to a pier. (Id.) The legislature may affix ineligibility to office as a punishment for crime and not encroach upon the constitutional privilege of the elector (Barker v. People, 3 Cow. 686); or that no supervisor shall be superintendent of the poor. (People, ex rel. Furman, v. Clute, 50 N. Y. 451, 458.) The right to vote is a political right and not within the privileges and immunities guaranteed to the citizen. (People v. Brtrber, 48 Hun, 198.) A law prohibiting a person from voting' who will not take an oath to the effect that he has always been faithful in his allegiance is unconstitutional. (Green v. Shnmway, 39 N. Y. 425.) A female is " a person not duly qualified to vote under the laws of this state . " (People v . Barber, 48 Hun, 198 . ) A law authorizing women to vote for school commissioners is unconstitu- tional, school commissioners being " thereafter made elective by the people." (Matter of Gage, 141 N. Y. 112.) Persons excluded from the right of suffrage. — § 2. No person who shall receive, accept, or offer to receive, or pay, offer or promise to pay, contribute, offer or promise to contribute to another, to be paid or used, any money or other valuable thing as a compensation or reward for the giving or withholding a vote at an election, or who shall make any promise to influence the giving or withholding any such vote, or who shall make or become directly or indirectly interested in any bet or wager depending upon the result of any election, shall vote at such election; and upon challenge for such cause, the person so challenged, before the officers authorized for that purpose shall receive his vote, shall swear or affirm before such officers that he has not received or offered, does not expect to receive, has not paid, offered or promised to pay, contributed, offered or promised to contribute to another, to be paid or used, any money or other valuable thing as a compensation or reward for the giving or withholding a vote at such election, and has not made any promise to influence the giving or withholding of any such vote, nor made or become directly or indirectly interested in any bet or wager depending upon the result of such election. The Legis- lature shall enact laws excluding from, the right of suffrage all persons convicted of bribery or of any infamous crime. ^ [Section 2 of article II of the amended constitution of 1840, amended. The last sentence of the 1846 constitution was as follows: " The legislature of the session thereof neit after the adoption of this section, shall, and from time to time thereafter may, enact laws excluding from the right of suffrage all persons convicted of bribery or of any infamous crlne."] (Se« Penal Code, §§ 411, 41p, 41q; Election L., §§ 30, 111.) One who has bee convicted of a fplony while a minor, and has served out his term before attaining majority, is di^quallfied as an elector. (Hamilton v. People, 57 Barb. 625. See People, ex rel. Furman, v. Clute, 50 N. Y. 451.) Certain occupations and conditions not to affect residence. — § 3. For the purpose of voting, no person shall be deemed to have gained or 14:8 New Yoek State Constitution of 1894. lost a residence, by reason of his presence or absence, while employed in the service of the United States; nor while engaged in the naviga- tion of the waters of this State, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse, or other asylum, or institution wholly or partly sup- ported at public expense or by charity; nor while confined in any pub- lie prison. A [SeotionSof article II of the amsaded oastitati in of ISn arugadel by insertine after the I word "asylam" the words "or oth^r tastiDatioa wholly or partly supported," and after the word " expense " the words " or by ciharity."] Not applicable to fishermen who elect their residence in the place of their business. (1871.) (Opinion of ittys.-Gen. 585.) A prisoner though not strictly confined and under an irregular or illegal commitment cannot gain a voting residence. (People v. Cady [Ct. of App.], 60 N. Y. St. Rep. 474.) The Soldiers' Home at Bath is an "asylum" hereunder. An inmate must find his voting qualifications in other facts than a declaration of his intention to reside there. (Silvey v. Lindsay, 43 Hun, 116, affirmed in 107 N. Y. 55.) This section does not prevent a student from abandoning his previous home and of acquiring a residence at the place where the seminary which he attends is situated. (Matter of Ward [Sp. T.], 29 Abb. N. C. 187.) Registration and election laws to be passed. — § 4. Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established, and for the regis- tration of voters; which registration shall be completed at least ten days before each election. Such registration shall not be required for town and village elections except by express provision of law. In cities and villages having five thousand iuhabitants or more, according to the last preceding state enumeration of inhabitants, voters shall be regis- tered upon personal application only; but voters not residing in such cities or villages shall not be required to apply in person for registra- ^ tion at the first meeting of the officers having charge of the registry of o voters. [Section i of article II of the amended constitution of 1846 amended by adding all after the word " established."] Manner of voting. — § 5. All elections by the citizens, except for such town officers as may by law be directed to be otherwise chosen, shall be by ballot, or by such other method as may be prescribed bylaw, provided that secrecy in voting be preserved. [Section 6 of article II of the amended constitution of 1846 amended by transposing the words "shall be by ballot" from after the word "citizen" to after the word "chosen," and by adding all after the word " ballot."] The amendment of this section authorizes the legislature to adopt a mechanical device for recording and counting votes. Supervisors may be elected by ayes and nays, or by a show of hands, or other division, if the legislature so authorizes. (People, ex rel. Clancv v. Supervisors, 139 N. Y. 534, 538.) •' Biegistratiou and election boards to be bi-partisan, except at town and village elections. — § 6. All laws creating, regulating or affecting boards or officers charged with the duty of registering voters, or of dis- tributing ballots at the polls to voters, or of receiving, recordino' or ^ New Toek State Constitution of 1894. 149 counting votes at election's, shall secure equal representation of the two political parties which, at the general election next preceding that for which such boards or officers are to serve, cast the highest and the next highest number of votes. All such boards and officers shall be appointed or elected in such manner, and upon the nomination of such representa- tives of said parlies respectively, as the Legislature may direct. Exist- ing laws on this subject shall continue until the Legislature shall other- wise provide. This section shall not apply to town meetings, or to village elections. (J [New.] (See Laws 1894, chapter 348.) AKTICLE III. Legislative powers.— Section 1 . The legislative power of this State shall be vested in the Senate and Assembly. [Section 1 of article III of the amended constitution of 1816 amended by changing the word *'a" before ** senate " to "the." This amendment was not referred to by the revisers, but as the people voted on the " Revised Constitution," it seems to have been effected.] The constitution confers upon the legislature the whole legislative power, unUmited save by the restrictions of the state and federal constitutions. (People V. West, 106 N. Y. 293; People, ex rel. v. Keeler, 99 id. 463; Bertholf V. O^Reilly, 74 id. 509; People, ex ret. v. Flagg, 46 id. 401; Bank of Chenango V. Brown, 26 id. 467; People v. Learned, 5 Hun, 626.) ^"^Subject to the limitations of the constitution, the. legislature may change or abrogate a right derived from legislative authority (People, ex rel, IVIcCarthy, V. French, 10 Abb. N. C. [Gen. T.] 418); may interfere with vested rights (Butler V. Palmer, 1 Hill, 824); may directly control the local public affairs of any civil division of the state. (Peopl^ v. Tweed, 63 N. Y. 202.) Under our government, the powers are divided into legislative, judicial and executive branches, each restricted to the exercise of its own legitimate func- tions; and unless a constitutional warrant can be found, no one of them should be permitted to be made the domain of the other. (People, ex rel. Sabold, v. Webb [Sp. T.], 23 N. Y. St. Rep. b25.) The legislature may provide that an act shall take effect on the happening of a future event, certain or uncertain (Corning v. Greene, 23 Barb. 33; People v. Fire Association, 92 N. Y. 311); but, except as authorized by the constitution, cannot divide the responsibility of enacting laws as by referring their enact- ment to a popiilar vote (Thome v. Cramer, 15 Barb. 113; Bradley v. Baxter, 15 id. 132; People, ex rel. v. Stout, 33 id. 349; Corning v. Greene, id. 33; Barto V. Himrod, 8 N. Y. 483); but it may enact that the electors of a village may determine what parts of the general village law shall apply to their village (Bank of Chenango v. Brown, 26 N. Y. 467); or that a provision is not to be effective until approved by a Vote of the inhabitants of a municipality. (Bank of Rome v. Rome, 18 N. Y. 38.) The legislature cannot declare in advance the effect of subsequent legislation on existing statutes. (Mongeon v. People, 55 IS^. Y. 613.) The legislature cannot control future legislation upon matters of a public mterest. (People v. L. I. R. R. Co., 9 Abb. N. C. 181.) An act authorizing the supreme court, on application, to order gates to be erected by a railroad company at a certain street, is not a delegation of legisla- tive power. (People v L. I. R. R. Co., 134 N. Y. 506.) The legislature may determine whether a special act is necessary. (People V. Bowen, 21 N. Y. 517; U. S. Trust Co. v. Brady, 20 Barb. 119.) The taxing power of the legislature for public purposes is tmlimited, except , aB restrained by the constitution. {lu re Van Antwerp, 56 N. Y. 261; ItfcLaughUn v. Miller, 124 id. 510; State v. County of Kings, 125 id. 312.) 150 New Toek State Constitution of 189i. Thus it may cure defects and confirm taxes where there was jurisdiction to impose them. (People v. McDonald, 69 id. 362; Terrel v. Wheeler, 123 id. 76; Cromwell v. MacL-an, l-'3 id. 474.) It may confirm a tax imposed where the ass-^ssment omits property which might origintliy have been exempted. (Van D venter V. Long Lsland City, 139id. 133.) It may delegate toa munici- pality the power to tax for th"* expenses of the local government. (Matter of Petition ot Zborowski, 68 id. h8.) The power of the legisla ure to apportion taxe^ is as broad as the taxing po" er itself. (Matter of Sackett >St. , 4 Hun, H2, affirmed in 74 N. Y . 95.) The legislature may authorize the land of ihe state to tie assessed for local improvemorit-. (Hassdi et al. v. Rochester, 67 N. Y. 528.) Th legislature 'nay SMUOtion an improvement or expenditure which it could previously authorize, and authorize an assessment iherefor. (Matter of Sackett 8t., etc., 74 N. Y. 95.) It ■ annot compel an adjoin ng town to bf taxed for the pnyment of debts previously contracted by a city. (Matter of A>•s^■8SIllent, 60 N. Y. 398.) Th ■ legislature m^y make a tax deed of the coinptroller presumptive evi- deroe that the sale was regular. (Hand v. Ballon. 13 N. Y. 541.) The legislature cannot tax imports (People v. Maring, 3 Keyes, 874); cannot tax national banks (People ex rel. Gallatin Nat. Bk. v. Commissioners, 67 N. Y. 516); but can tax capital employed in the business exporting cotton to foreign countries. (People, ex rel. v. Bd. of Tax Comrs. of N. Y., 10 Hun. 255.) The legislature may ratify and create a liability on the part of the state for property voluntarily furnished or valuable services rendered at request of a state officer. (O'Hara v. State, 113 N. Y. 146.) It may relinquish a claim of the state or waive its rr-medies for fraud. (People v. Stephens, 71 N. Y. 527.) It may enlarge the time within which a claim against the state may be filed, if it would not already be outlawed as between individuals. (Parmenter v. State, 13o id 154.) It cnnnot confer jurisdiction on the court of claims to hear or allow a claim against the state, which, as between individuals, would be barred by the stat- ute of limitations. (McDougallv. State, 109 N. Y. 73; Gates v. State, 128 id. 221.) The legislature may validate the act of a municipality, invalid because of procedure, where the municipality had jurisdiction of the subject-matter (TifEt V. City of Buffalo, 83 N. Y. 204); may ratify an ultra vires contract for a public purpose of a municipality (Brown v. Mayor, etc., 63 N. Y. 339); may authorize local regulations and commit the power of making them to local bodies or the people of localities (Tanner v. Albion, 5 Hill, 121; Clarke v. City of Rochester, 28 N. Y. 605); may authorize a municipality to regulate hawk- ing and peddling (Village of Stamford v. Fisher, 140 id. 187); may establish civil divisions (People eaireZ Wood v. Draper, 15 id. 532); may erect a county (Rumsey V. People, 19 id. 41), but only when it can provide for the new county taking its place in the political and judicial divisions of the state (Lanning v. Carpenter, 20 id. 447); may authorize a village to dissolve its incorporation (Blauvelt v. Village of Nyack, 9 Hun, 153); may distribute the powers of local government between county and city (People, ex rtl. Taylor, v. Dunlap, 66 N. Y. 162) ; may provide that claims be presented to a city council for a certain time before action is brought (Reining v. City of BuflfaLi, 102 id. 308) ; may validate a claim against a town, supported by a moral consideration, but irregular. (Wrought Iron Bridge Co. v. Attica, 119 id. 204.) The legislature cannot vest the performance of specific local and municipal duties in a state boaid. (People v. Acton, 48 Barb. 524.) ' The legislature has no judicial authority and cannot control tlie courts in respect to the construction of statutes arising before the declaratory statute. (Ins. Go. V. Jenkins, 16 N. Y, 4,'4.) It may conduct a legislative but not a judicial inquiry. (People, ex rel. v. Webb [8p. T.], 23 N. Y, St. Rep. 335 ; People V. Otis, 90 N. Y. 48.) The legislature may create inferior local courts (Sill v. Village of Corning, 15 N. Y. 297) ; may authorize city courts to issue writs of mandamus (People, ex rel. v. Green, 58 id. 295) ; may regu.ate their jurisdiction, within constitu- tional Hmitations. (Butterfleld v. Rudde, 58 id. 489.) \j [( New Yoek State Constitution of 1894. 151 The legislature may modify the rules of evidence. (Howard v. Moot, 64 N. Y. 363; People v. Turner, 117 id. 337.) But retroactive laws of this character must be strictly co;istrued. (People, ex rel. v. Ryder, 134 id. 500.) The legislatu.re cannot deny to a person who has been illeKally deprived of his property access to the courts for relief (Oilman v. Tucker, 138 N. Y. 190, 303); but may deprive a party of the aid of a court of equity to remove the apparent lien of a void assessment upon his land. (Lennon v. Mayor, 55 N. Y. 361.) The legislature mfty direct the enforcement of valid judgments by imprison- ment, if property cannot be found. (People, ex rel. IJnderwood, v. Daniel, 50 N. Y. 374.) The legislature cannot provide for the surrender of fugitives from justice of foreign countries (People, ex rel. v. Curtis, 50 N. Y. 331); cannot validate a void contract. (N. Y. & Oswego R. R. Co. v. Van Horn, 57 N. Y. 473.) The legislature cannot infringe upon the liberty or the property rights of persons within the protection of the constitution, under the guise of the police power. (People v. Gilson, 109 N. Y 889 ) The legislature cannot contingently deprive a person of property the right to which was pt'rfect under prior laws. (Burch v. Newbury, 10 N. Y. 374.) The legislature may confirm an irregular election. (People v. Flanagan, 66 N. Y. 337.) The legislature may regulate or limit the height of buildings. (People, ex rel. V. D'Oench, 111 N. Y. 359.) The legislature may authorize the sale of land of infants, in being or unborn (Leggett V. Hunter, 19 N. Y. 445); but not of adults without their consent, except for taxes or assessments. (Brevoort v. Grace, 53 N. Y. 345.) The legislature may distribute the functions of supreme court commissioner, although the office has been abolished. (Hayner v. James, 17 N. Y. 316.) The legislature may create a commission of investigation by joint resolution. (People V. Learned, 5 Hun, 626.) The legislature cannot create a debt of the state beyond the amount author- ized by the constitution. (People v. Supervisors of Kings, 53 N. Y. 556.) The legislature may determine what estate shall betaken by the state in land acquired for public purposes, although the public use be not necessarily per- manent. (Eldridge v. Binghamton, laO N. Y. 309.) Number and terms of senators and assemblymen. — § 2. The Senate shall consist of fifty members, except as hereinafter provided. The senators elected in the year one thousand eight hundred and ninety-five shall hold their oftices for three years, and their successors shall be chosen for two years. The Assembly shall consist of one hundred and fifty members who shall be chosen for one year. iMtw, superseding section 2 of article III of the amended eoustltutiou of 1846, which pro- ed for a senate oC Si members, and an assembly of 138 membprs The provision th*t the •enate shall consist of 50 members " except as hereinafter provided," refers to the provision in the last paragraph of section 4 of this article.] Senate'districts. — § 3. The state shall be divided into fifty districts to be called senate districts, each of which shall choose one senator. The districts shall be numbered from one to fifty, inclusive. District number one (1) shall consist of the counties of Suffolk and Richmond. District number two (2) shall consist of the county of Queens. District number three (3) shall consist of that part of the county of Kings comprising the first, second, third, fourth, fifth and sixth wards of the city of Brooklyn. District number four (4) shall consist of that part of the county of Kings comprising the seventh, thirteenth, nineteenth and twenty-first wards of the city of Brooklyn. 162 Nbw Toek State Constitution or 1894. District number five (5) shall consist of that part of the county of Kings comprising the eighth, tenth, twelfth and thirtieth wards of the city of Brooklyn, and the ward of the city of Brooklyn which was formerly the town of Gravesend. District number six (6) shall consist of that part of the county of Kings comprising the ninth, eleventh, twentieth and twenty-second wards of the city of Brooklyn. District number seven (7) shall consist of that part of the county of Kings comprising the fourteenth, fifteenth, sixteenth and seventeenth wards of the city of Brooklyn. District number eight (8) shall consist of that part of the county of Kings comprising the twenty-third, twenty-fourth, twenty-fifth and twenty-ninth wards of the city of Brooklyn, and the town of Flatlands. District number nine (9) shall consist of that part of the county of Kings comprising the eighteenth, twenty-sixth, twenty- seventh and twenty-eighth wards of the city of Brooklyn. District number ten (10) shall consist of that part of the county of New Tork within and bounded by a line beginning at Canal street and the Hudson river, and running thence along Canal street, Hudson street, Dominick street, Varick street, Broome street, Sullivan street, Spring street, Broadway, Canal street, the Bowery, Division street, Grand street and Jackson street, to the East river and thence around the southern end of Manhattan island, to the place of beginning, and also Governor's, Bedloe's and Ellis islands. District number eleveni (11) shall consist of that part of the county of New York lying north of district number ten, and within and bounded by a line beginning at the junction of Broadway and Canal street, and running thence along Broadway, Fourth street, the Bowery and Third avenue, St. Mark's place. Avenue A, Seventh street, Avenue B, Clinton street, Rivington street, Norfolk street. Division street, Bowery and Canal street, to the place of beginning. District number twelve (12) shall consist of that part of the county of New York lying north of di.-tricts numbers ten and eleven and within and bounded by a line beginning at Jackson street and the East river, and running thence through Jackson street, Grand street. Divi- sion street, Norfolk street, Hivington street, Clinton street, Avenue B, Seventh street, Avenue A, St. Mark's place, Third avenue, East Four- teenth street to the East river, and along the East river, to the place of beginning. District number thirteen (13) shall consist of that part of the county of New York lying north of district number ten, and within and bounded by a line beginning at the Hudson river at the foot of Canal street, and run- ning thence along Canal street, Hudson sireet, Dominick street, Varick street, Broome street, Sullivan street. Spring street, Broadway, Fourth street, the Bowery and Third avenue, Fourteenth street, Sixth avenue^ West Fifteenth street. Seventh avenue, West Nineteenth street, Eighth avenue, West twentieth street, and the Hudson river, to the place of beginning District number fourteen (14) shall consist of that part of the county of Nt-w York lying north of di>trict8 numbers twelve and thiitein, and witliin and bounded by a line beginning at East Four- teenth street and the Kabt river, and lunning thence along East Four New York State Constitution of 1894. 153 teenth street, Irving place, East Nineteenth street, Third avenue. East 1 wenty-third street, Lexington avenue, East Fifty-third street. Third avenue, East Fifty-second street, and the East river, to the place of beginning. District number fifteen (15) shall consist of that part of the county of New York lying north of district number thirteen, and within and bounded by a line beginning at the junction of West Fourteenth street and Sixth avenue, and running thence along Sixth avenue, West Fif- teenth street, Seventh avenue. West Fortieth street. Eighth avenue, and the transverse road across Central park at Ninety-seventh street' Fifth avenue. East Ninety-sixth street, Lexington avenue. East Twenty-third street. Third avenue. East Nineteenth street, Irving place and Fourteenth street, to the place of beginning. District number sixteen (16) shall consist of that part of the county of New York lying north of district number thirteen, and within and bounded by a line beginning at Seventh avenue and West Nineteenth street, and running thence along West Nine- teenth street, Eighth avenue. West Twentieth street, the Hudson river. West Forty-sixth street. Tenth avenue. West Forty-third street. Eighth avenue. West Fortieth street and Seventh avenue, to the place of beginning. District number seventeen (17) shall consist of that part of the county of New York lying north of district number sixteen, and within and bounded by a line beginning at the junction of Eighth avenue and West Forty-third street, and running thence along West Forty-third street. Tenth avenue. West Forty- sixth street, the Hudson river, West Eighty-ninth street. Tenth or Amsterdam avenue. West Eighty-sixth street. Ninth or Columbus avenue. West Eighty-first street and Eighth avenue, to the place of beginning. District number eighteen (18) shall consist of that part of the (iounty of New York lying north of district number fourteen, and within and bounded by a line beginning at the junction of East Fifty-second street and the East river, and running thence along East Fifty-secood street, Third avenue. East Fifty-third street, Lex- ngton avenue. East Eighty-fourth street. Second avenue. East Eighty- third street and the East river, to the place of beginning; and also Blackwell's island. District number nineteen (19) shall consist of that part of the county of New York lying north of district number seventeen, and within and bounded by a line beginning at West Eighty-ninth street and the Hudson river, and running thence along the Hudson river and Spuyten Duyvil creek around the northern end of Manhattan island; thence southerly along the Harlem river to the north end of Fifth avenue; thence along Fifth avenue, East One Hundred and Twenty- ninth street. Fourth or Park avenue. East One Hundred and Tenth street. Fifth avenue, the transverse road across Central park at Ninety- seventh street. Eighth avenue. West Eighty-first street. Ninth or Columbus avenue. West Eighty-sixth street. Tenth or Amsterdam avenue and West Eighty-ninth street, to the place of beginning. District number twenty (20) shall consist of that part of the county of New York lying north of districts numbers eighteen and fifteen, and within and bounded by a line beginning at East Eighty-third stft et 20 154 New Toek State Constitution of 1894. and the East river, running thence through East Eighty-third street, Second avenue, Eaht Eighty-fourth street, Lexington avenue, East Ninety-sixth street, Fifth avenue, East One Hundred and Tenth street, Fourth or Park avenue, East One Hundred and Nineteenth street to the Harlem river, and along the Harlem and East rivers, to the place of beginning; and also Randall's island and Ward's island. All the above districts in the connty of New York bounded upon or along the boundary waters of the county, shall be deemed to extend to the county line. District number twenty-one (21) shall consist of that part of the county of New York lying north of districts numbers nineteen and twenty, within and bounded by a line beginning at East One Hundred and Nineteenth street and the Harlem river, and running thence along East One Hundred and, Nineteenth street, Fourth pr Park avenue, One Hundred and Twenty-ninth street, Fifth avenue and the Harlem river to the place of beginning; and all that part of the county of New York not hereinbefore described. District number twenty-two (22) shall consist of the county of Westchester . District number twenty-three (23) shall consist of the counties of Orange and Rockland. District number twenty-four (24) shall consist of the counties of Dutchess, Columbia and Putnam. District number twenty-five (25) shall consist of the counties of Ulster and Greene. District number twenty-six (26) shall consist of the counties of Dela- ware, Chenango and Sullivan . District number twenty-seven (27) shall consist of the counties of Montgomery, Fulton, Hamilton and Schoharie. District number twenty-eight (28) shall consist of the counties of Saratoga, Schenectady and Washington . District number twenty-nine (29) shall consist of the county of Albany. District number thirty (30) shall consist of the county of Rensselaer. District number thirty one (31) shall consist of the counties of Clin- ton, Essex and Warren. District number thirty-two (32) shall consist of the counties of St. Lawrence and Franklin. District number thirty-three (33) shall consist of the counties of Otsego and Herkimer. District number thirty-four (34) shall consist of the county of Oneida. District number thirty-five (35) shall consist of the counties of Jeffer- son an.1 Lewis. District number thirty-six (36) shall consist of the county of Onondaga. District number thirty-seven (37) shall consist of the counties of Oswego and Madison. District number thirty-eight (38) shall consist of the counties of Broome, Cortland and Tioga. District number thirty-nine (39) shall consist of the counties of Cayuga and Seneca. New Toek State Constitution of 1894. 155 District number forty (40) shall consist of the counties of Chemung, Tompkins and Schuyler. District number forty-one (41) shall consist of the counties of Steu- ben and Yates. District number forty-two (42) shall consist of the counties of Ontario and Wayne. District number forty-three (43) shall consist of that part of the county of Monroe comprising the towns of Brighton, Henrietta, Iron- dequoit, Mendon, Penfield, Perinton, Pittsford, Rush and Webster, and the fourth, sixth, seventh, eighth, twelfth, thirteenth, fourteenth, six- teenth, seventeenth and eighteenth wards of the city of Rochester, as at present constituted. District, number forty-four (44) shall consist of that part of the county of Monroe comprising the towns of Chili, Clarkson, Gates, Greece, Hamlin, Ogden, Parma, Riga, Sweden and Wheatland, and the first, second, third, fifth, ninth, tenth, eleventh, fifteenth, nineteenth and tv» entieth wards of the city of Rochester, as at present constituted. District number forty-five (45) shall consist of the counties of Niagara, Genesee and Orleans. Dihtrict number forty-six ("46) shall consist of the counties of Alle- gany, Livingston and Wyoming. District number forty-seven (47) shall consist of that part of the county of Erie comprising the first, second, third, sixth, fifteenth, nine- teenth, twentieth, twenty-first, twenty-second, twenty-third and twenty- fourth wards of the city of Buffalo, as at present constituted. District number forty-eight (48) shall consist of that part of the county of Erie comprising the fourth, fifth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth and sixteenth wards of the city of Buffalo, as at present constituted. District number forty-nine (49) shall consist of that part of the county of Erie comprising the seventeenth, eighteenth and twenty- fifth wards of the city of Buffalo, as at present constituted; and all the remainder of the said county of Erie "not hereinbefore described. District number fifty (60) shall consist of the counties of Chautauqua and Cattaraugus. [New, superseding the apportionment made by Laws 1892, chap. 897.] Enumerations and reapportionments. — § 4. An enumeration of the inhabitants of the State shall be taken under the direction of the Secre- tary of State, during the months of May and June, in the year one thousand nine hundred and five, and in the same months every tenth year thereafter; and the said districts shall be so altered by the Legis- lature at the first regular session after the return of every enumera- tion, that each senate district shall contain as nearly as may be an equal number of inhabitants, excluding aliens, and be in as compact form as practicable, and shall remain unaltered until the return of another enumeration, and shall at all times, consist of contiguous terri- tory, and no county shall be divided in the formation of a senate district except to make two or more senate districts wholly in such county. No town, and no block in a city inclosed by streets or public ways, shall be divided in the formation of senate districts; nor shall 156 New Tokk State Constittition of 1894. any district contain a greater excess in population over an adjoining district in the same county, than the population of a town or block therein adjoining such district. Counties, towns or blocks which, from their location, may be included in either of tw) districts, shall be so placed as to make said districts most nearly equal in number of inhab- itants, excluding aliens. No county shall have four or more senators unless it shall have a full' ratio for each senator. No county shall have more than one-third of all the senators; and no two counties or the territory thereof as now organized, which are adjoining counties, or which are separated only by public waters, shall have more than one-half of all the senators. The ratio for apportioning senators shall always be obtained by dividing the number of inhabitants, excluding aliens, by fifty, and the Senate shall always be composed of fifty members, except that if any county having three or more senators at the time of any apportion- ment shall be entitled on such ratio to an additional senator or senators, such additional senator or senators shall be given to such county in addition to the fifty senators, and the whole number of senators shall be increased to that extent. [New, superseding section i of article III of the amended constitution of 1846.] The legislature in determining the question of population is not confined to the last state census. (De Camp v. Eveland, 19 Barb. 81.) This section grants to the legislature a discretion, which the court has no power to review unless it has been plainly and grossly abused. (People, ex rel. Carter, v. Rice, 135 N. Y. 473.) The power of the legislature to direct an enumeration is not lost by the failure of the first legislature after the expiration of ten years to perform its duty. The duty devolves upon each succeeding legislature. (People v. Rum- sey, 19 N. Y. 41;sPeople, ex rel. Carter, v. Rice, 135 id. 473.) Apportionment of assemblymen ; creation of assembly districts. — § 5. The members of the Assembly shall be chosen by single districts, and shall be apportioned by the Legislature at the first regular session after the return of every enumeration among the several counties of the State, as nearly as may be according to the number of their respect- ive inhabitants, excluding aliens. Every county heretofore established and separately organized, except the county of Hamilton, shall always be entitled to one member of assembly, and no county shall hereafter be erected unless its population shall entitle it to a member. The county of Hamilton shall elect with the county of Fulton,- until the population of the county of Hamilton shall, according to the ratio, enti- tle it to a member. But the Legislature may abolish the said county of Hamilton and annex the territory thereof to some other county or counties. The quotient obtained by dividing the whole number of inhabit- ants of the State, excluding aliens, by the number of members of assembly, shall be the ratio for apportionment, which shall be made as follows: One member of assembly shall be appor- tioned to every county, including Fulton and Hamilton as one connty, containing less than the ratio and one-half over. Two mem- bers shall be apportioned to every other county. The remaining mem- bers of assembly shall be apportioned to the counties having more than New Yoek State Constitution of 1894. 157 two ratios accordiiifr to the number of inhabitants, excluding aliens. Members apportioned on remainders shall be apportioned to the coun- ties having the highest remainders on the order thereof respectively. No county shall have more members of assembly than a county having a greater number of inhabitants, excluding aliens. Until after the next enumeration, members of the Assembly shall be apportioned to the several counties as follows: Albany county, four members; Allegany county, one member; Broome county, two members; Cattaraugus county, two members; Cayuga county, two members; Chautauqua county, two members; Chemung county, one member; C^henango county, one member; Clinton county, one member; Columbia county, one member; Cortland county, one mem- ber; Delaware county, one member; Dutchess county, two members; Erie county, eight members; Essex county, one member; Franklin county, one member; Fulton and Hamilton counties, one member; Genesee county, one member; Greene county, one member; Herkimer county, one member; Jefferson county, two members; Kings county, twenty-one members; Lewis county, one member; Livingston county, one member; Madison county, one member; Monroe county, four members; Montgomery county, one member; New York county, thirty-five members; Niagara county, two members; Oneida county, three members; Onondaga county, four meinbers; Ontario county, one member; Orange county, two members; Orleans county, one member; Oswego county, two members; Otsego county, one member; Putnam county, one member; Queens county, three members; Rensselaer county, three members; Richmond county, one member; Rockland county, one member; St. Lawrence county, two members; Saratoga county, one member; Schenectady county, one member; Schoharie county, one member; Schuyler county, one member; Seneca county, one member; Steuben county, two members; Suffolk county, two members; Sullivan county, one member; Tioga county, one member; Tompkins county, one member; Ulster county, two members; Warren county, one member; Washington county, one member; Wayne county, one member; Westchester county, three members; Wyoming county, one member, and Yates county, one member. In any county entitled to more than one member, the board of super- visors, and in any city embracing an entire county and having no board of supervisors, the common council, or if there be none, the body exer- cising the powers of a common council, shall assemble on the second Tuesday of June, one thousand eight hundred and ninety-five, and at such times as the Legislature making an apportionment shall prescribe, and divide such counties into assembly districts as nearly equal in number of inhabitants, excluding aliens, as may be, of convenient and contiguous territory in as compact form as practicable, each of which' shall be wholly within a senate district formed under the same appor- tionment, equal to the number of members of assembly to which such county shall be entitled, and shall cause to be filed in the office of the Secretary of State and of the clerk of such county, a description of such districts, specifying the number of each district and of the inhabitants thereof, excluding aliens, according to the last preceding enumeration; and such apportionment and districts shall remain unaltered until another enumeration shall be made, as herein provided; 158 'N'SiW YoEK State Constitution of- 1894. but said division of the city of Brooklyn and the county of Kings to be made on the second Tuesday of June, one thousand eight hundred and ninety-five, shall be made by the common council of the said city and the board of supervisors of said county, assembled in joint session. In counties having more than one senate district, the same number of assembly districts shall be put in each senate district, unless the assem- bly districts cannot be evenly divided among the senate districts of any county, in which case one more assembly district shall be put in the senate district in such county having the largest, or one less assembly district shall be put in the senate district in such county having the smallest number of inhabitants, excluding aliens, as the case may require. No town, and no block in a city inclosed by streets or public ways, shall be divided in the formation of assembly districts, nor shall any district contain a greater excess in population over an adjoining district in the same senate district, than the population of a town or block therein adjoining such assembly district. Towns or blocks which, from their location, may be included in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants, excluding aliens; but in the division of cities under the first appor- tionment, regard shall be had to the number of inhabitants, excluding aliens, of the election districts according to the state enumeration of one thousand eight hundred and ninety-two, so far as may be, instead of blocks. Nothing in this section shall prevent the division, at any time, of counties and towns, and the erection of new towns by the Legislature An apportionment by the Legislature, or other body, shall be subject to review by the Supreme Court, at the suit of any citizen, under such reasonable regulations as the Legislature may presciibe; and any court before which a causemay be pending involving an apportionment, shall give precedence thereto over all other causes and proceedings, and if said court be not in session it shall convene promptly for the disposition of the same. [New, superseding section 6 of article III of the amended constitution of 1816, and the assembly apportionment made by Laws of 1893, chapter 397.] The legislature cannot alter an assembly district by changing the bounds of a city or town. (Kinne v. City of Syracuse, 3 Keyes, 110.) The division by the supervisors is presumptively proper, and the presump- tion is not rebutted by the fact that the districts are to some extent unequal in population. (Baird v. Supervisors, 138 N. Y. 95, 106.) Compensation of members.— § 6. Each member of the Legislature shall receive for his services an annual salary of one thousand five hun- dred dollars. The members of either house shall also receive the sum of one dollar for every ten miles they shall travel in going to and return- ing from their place of meeting, once in each session, on the most usual route. Senatoi-s, when the Senate alone is convened in extraordinary session, or when serving as members of the Court for the Trial of Impeachments, and such members of the Assembly, not exceeding nine in number, as shall be appointed managers of an impeachment, shall receive an additional allowance of ten dollars a day. [Section 8 of article III of the amended constitution of 1846, without change.] New Toek State Constitution of 1894. 159 (See Legislative Law, § 5, restricting members from receiving $1,200 before final adjournment. For salaries of officers and employfes, see Legislative Law, §§ 7-12.) "^ Civil appointments of members void.— § 7. No member of the Legisla- ture shall receive any civil appointment within this State, or the Senate of the United States, from the Governor, the Governor and Senate, or from the Legislature, or from any city government, during the time for which he shall have been elected; and all such appointments and all votes given for any such member for any such office or appointment shall be void. [Section 7 of article III of the amended constitution of 1846, without change.] Persons disqualified from being members. — §8. No person shall be eligible to the Legislature, who at the time of his election, is, or within one hundred days previous thereto has been, a member of C ongress, a civil or military officer under the United States, or an officer under any city government. And if any person shall, after his election as a member of the Legislature, be elected to ^^ ongress, or appointed to any officd, civil or military, under the government of the United States, or under any city government, his acceptance thereof shall vacate his seat. [Section 8 of article III of the amended constitution of 1846, without change.] A park commissioner of the city of Hornellsville is a city officer under this section and ineligible to election to the legislature. The whole subject thor- oughly discussed. (People, ex rel. Sherwood, v. Bd. of Canvassers, 129 N. Y. 860, 366.) Time of elections. — § 9. The elections of senators and members of assembly, pursuant to the provisions of this Constitution, shall be held on the Tuesday succeeding the first Monday of November, unless otherwise directed by the Legislature. [Section 9 of article III of the amended constitution of 1846, without change.] Powers of each house.— § 10. A majority of each house shall consti- lute a quorum to do business. Each house shall determine the rules of its own proceedings, and be the judge of the elections, returns and qualifications of its own members; shall choose its own officers; and the Senate shall choose a temporary president to preside in case of the absence or impeachment of the Lieutenant-Governor, or when he shall refuse to act as president, or shall act as Governor. [Section of article III of the amended constitution of 1848, amended by providing that the temporary president shall preside In the case of Impeachment of the lieutenant-governor or when he shall refu'e to act.] Infliction by law of disqualification to hold office as a punishment is not inconsistent with this section. (Barker v. People, 3 Cow. 686. See also People v. Supervisors, 8 N. Y. 317, 324; People, ex rel. Hatzel, v. Hall, 80 id. 117, 120.) Journals; open sessions; adjournments. — §11. Each house shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy. The doors of each house shall be kept open, except when the public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days. [Section 11 of article III of the amended constitution of 1848, without change.] 160 New Tobk State Constitution of 1894. Members not to be questioned for speeches.— § 12. For any speech or debate in either house of the Legislature, the members shall not be questioned in any other place. [Section 12 of article III of the amended constitution of 1646, without change.] Bills may originate in either house.— § 13. Any bill may originate in either house of the Legislature, and all bills passed by one house may be amended by the other. [Seetioa 13 of article III of the amended constitution of 1816, without change.] Enacting clause of bills.— § 14. The enacting clause of all bills shall be " The People of the State of New York, represented in Senate and Assembly, do enact as follows," and no law shall be enacted except by bill. [Section 14 of article III of the amended constitution of 1816, without change ] (See Burnham v. Acton, 35 How. Pr. 50.) Manner of passing bills.— § 15. No bill shall be passed or become a law unless it shall have been printed and upon the desks of the mem- bers, in its final form, at least three calendar legislative days prior to its final passage, unless the Governor, or the acting Governor, shall have certified to the necessity of its immediate passage, under his hand and the seal of the State; nor shall any bill be passed or become a law, except by the assent of a majoiity of the members elected to each branch of the Legislature ; and upon the last reading of a bill, no amendment thereof shall be allowed, and the question upon its final passage shall be taken immtdiately thereafter, and the yeas and nays entered on the journal. po [Section 15 of article TII of the amended constitution of 1846 amended. The section for- \ merlyread: "No bill shall be passed unless by the assent of a majority of all the members elected to each branch of the legislature, and the question upon the final passage shall be taken immediately upon its last reading, and the yeas and nays entered on the journal."] For law relating to certificates of presiding officers, see Legislative Law, §40. The presumption is that a law published under the authority of the govern- ment was correctly passed so far as relates to matters of form. (People v. Supervisors of Chenango, 8 N. Y. 317.) It is not necessary under the constitution that the presiding officer should certify that an act was passed by a majority of all the members elected. This is presumed. (Id.) It is sufficient where a bill has been parsed by ayes and nays, and subsequent amendments disagreed to by the other house, if such amendments are receded from without an aye and nay vote. (Id.) The requirement that the question upon the final passage of a bill be taken immediately upon its last reading, and the ayes and nays be entered in the journal, is only directory. (People v. Supervisors of Orange, 37 Barb. 584.) The certificate of the presiding officers of each house required by Law.? 1847, chapter 253, is only presumptive evidence of the fact. If the certificate is omitted, the fact that three-fifths were present may be shown by other evidence. (People V. Supervisors of Chenango, 8 N. Y. 318.5 Private and local bills not to embrace more than one subject. — §16. No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title. [Section 16 of article III of the amended constitution of 1846, without change.] New Yobk State Constitution of 1894. 161 The design of this section was that no portion of the state or its people should be made the subject of legislative action without notice. (People v. Super- visors of Chautauqua, 43 N. Y. 10, 15; People v. Hill^, 35 id. 449.) No definite rule can be laid down as to what constitutes a local act, but each case must be determined upon its own circumstances. (People, ex rel. v. New- burgh Plankroad Co., 86 ^^. Y. 1, 7.) A general provision in a local act is valid, although not expressed in the title, and though the local provisions are void because not expressed in the title. (Ferguson v. Ross, 126 N. Y. 459; People v. Supervisors of Chautauqua, 43 id. 10; People v. McCann, 16 id. 58; WilUams v. People, 24 id. 405.) The local provisions are void, if by containing general law, the act embraces more than one subject though but one local or private subject. (People v. Supervisors of Chautauqua, 48 N. Y. 10, 23.) An act embracing all the cities of the state, or all things of a certain class is general, although by sonae hmitation of population or otherwise, only a par- ticular city or the inhabitants of a single locality receive its benefit. (Ferguson V. Ross, 136 N. Y. 459, 464; People, ex rel. v. Squire, 107 id. 593; Matter of Church, 92 id. 4; Matter of Elevated R. R., 70 id. 337; Treanor v. Eichhom, 74 Hun, 58; Bumham v. Acton, 7 Rob. 95.) An act is local which in its subjects relates but to a portion of the people of the state, or to their property, and may not, either in its subject, operation or immediate and necessary results, aflfect the people of the state or their prop- erty in general. (People v. Supervisors, 43 N. Y. 31; Kerrigan v. Force, 68 id. 383.) A statute, local in one sense, may in some oases be general. (Burnham v. Acton, 7 Rob. 95.) An act may be public and still local. Thus the following acts though public are local and require the subject to be expressed in the title: Defining jurisdic- tion of local courts, amending municipal charters, regulating elections of city officers in a particular city, providing for laying out streets or highways or constructing bridges in a particular locality, taxing to pay expense of the work, regulating fees of officers in a particular county or the expenses of judicial sales therein. (Ferguson v. Ross, 126 N. Y. 459, 464, and cases cited.) A statute, general in form, is not private or local, because every application must be local or private. (Matter of N. Y. El. R. R. Co., 70 N. Y. 337; Matter of Gilbert El, R. R. Co., id. 361.) The legislature may make local exceptions in general laws. (Matter of N. Y. El.R.R. Co.,70N. Y. 337.) (As to what are and what are not local acts, see Sweet v. City of Syracuse, 139 N. Y. 816, 831; Waterloo, etc. , Co. v. Shanahan, 138 id. 845; Ferguson v. Ross, 136 id. 459, 465; People v. Squire, 107 id. 593; People v. Newburgh Plankroad Co., 86 id. 1; People, ex rel. Troy, etc., v. Carter, 53 Hun, 458, affirmed in 117 N. Y. 635; People, ex rel. Burroughs, v. Brinkerhoff, 68 N. Y. 359; People, ex rel. Rochester, v. Briggs, 50 id. 558; People v. HiUs, 35 id. 449; Bangs v. Duokinfield, 18 id. 593, 597; People v. O'Brien, 38 id. 193; Ex parte van Antwerp, 56 id. 361; Matter of Lexington Avenue, 29 Hun, 303; Matter of Woolsey, 95 N. Y. 185; Treanor v. Eichhom, 74 Hun, 58; Phil- lips V. Schumacher, 10 id. 405; Matter of De Vaucene, 31 How. Pr. 389; Cen- tral Crosstown R. R. Co. v. Twenty-third St. R. R. Co. [N. Y. Super. Ct.] 54 id. 168; People v. Duffy, 49 Hun, 376, and cases cited under section 18 of this article.) It is necessary that the title be such as to fairly suggest or give a clue to the subject, but when that is expressed, all matters fairly and reasonably con- necced with it, and all measures which will or may facilitate its accompUsh- ment, are proper to be incorporated in the act. (Astor v. Arcade R. R. Co., 113 N. Y. 93, 110; Sweet v. City of Syracuse, 129 id. 316, 381; Van Brunt v. Town of Flatbush, 128 id. 50.) Any means provided by an act for accomplishing the purpose as expressed in the title, not clearly incongruous and foreign, will not render it invaUd . (People, ex rel. etc., v. Briggs, 50 N. Y. 553; Kerrigan v. Force, 68 N. Y. 384.) The intention was to require sufficient notice of the subject of proposed leg- islation of a private or local character to be so expressed in the title as to put all persons concerned in proposed legislatioii iipon their guard. (Johnston V. Spicer, 107 N. Y. 185; Astor v. Arcade R. R. Co., 113 id. 98.) 21 Ij52 New Yoek State Constitotion of 1894. It is not sufficient to state in the title of a local bill merely that it amends a chapter of a 'previous year (People v. Hills, 35 N. Y. 449); but it is not neces- sary that the most expressive title should be adopted, nor should the courts criticise too rigidly the details of a bill to find extraneous matter (People, exrel. Rochester, v. Briggs, 50 N. Y. 558); "An act to amend the several actsin rela- tion to the city of Rochester," was held sufficient. (Id.) Cases in which it was held that the title did or did not sufficiently express the subject. (Ourtin v. Barton, 139 N. Y. 505; Van Brunt v. Flatbush, latf id. 50; Wrought Iron Bridge Co. v. Attica, 119 id. 204; Astor v. Arcade R. R. Co., 113 id. 93, 110; Sweet v. Syracuse, 129 id. 331; Colev. State, 102 id. 48, 58; Water Commissioners v. Uwight, 101 id. 9; People, ex rel. etc., v. Squire, 107 id. 593; Ensign v. Barse, 107 id. 329; Tinguev. Port Chester, 101 id. 294; Matter of U. S., 96 id. 227; Supervisors of Seneca v. Allen, 99 id. 532; People v. Newburgh, etc., Co., 86 id. 1; Harris v. People, 59 id. 599; Wensler v. People, 58 id. 516; People, ex rel. Comrs., v. Banks, 67 id. 568; Village of Gloversville v. Howell, 70 id. 287; People, exrel. Rochester, v. Briggs, 50 id. 553; Peoplev. O'Brien, 38 id. 198; People v. Hills, 35 id. 449; Gaskinv. Meek, 43 id. 186; MoCabev. Kenny, 53 Hun, 514; Reed v. Schmit, 39 id. 238; Mclntyre v. Allen, 48 id. 124; Prentice v. Weston, 47 id. 131, affirmed in 111 N. Y. 460.) Existing law made applicable to be inserted.— § 17. No act shall be passed which shall provide that any existing law, or any part thereof, shall be made or deemed a part of said act, or which shall enact that any existing law, or part thereof, shall be applicable, except by inserting it in such act. [Section 17 of article III of the amended constitution of 1846, without change.] This section does not require the re-enactment of general laws whenever it is necessary to resort to them to carry into effect a special statute. (People, ex rel. Comrs., v. Banks, 67 N. Y. 568, 575.) Where a statute in itself gr nts some power, confers some right, imposes some duty, or creates some burden or ob igation, it does not conffict with this section, because it refers to some other existing statute, general or local, for the purpose of pointing out the procedure, or some administrative detail, nec- essary for the execution of the power, the enforcement of the right, the proper performance of the duty, or the discharge of the burden or obligation. (People, ex rel. Everson, v. LoriUard, 135 N. Y. 285 291 ; Mallory v. Reichert, 33 Hun, 86.) Boes not apply to an act purporting to amend existing laws. (People, ex rel. Elec, etc., Co., v. Squires, 107 N. Y. 602.) Prior to this section, a repealfd act might have been incorporated in an existing law by reference. (Blauvelt v. Nyaok, 9 Hun, 153. See aiao Curtin v. Barton, 139 N. Y. 505, 514; Mntter of Application of Union Ferry Co., 98 id. 158; People, ex rel. v. Hayt, 7 Hun, 39; Wells v. City of BuflEalo, 14 id. 438; Matter of Mayor, etc., of New York, 34 id. 441 ; Nash V. White's Bank of BuflEalo, 37 id. 57 ; S. C, 105 N. Y. 243 ; Weinckie v. N. Y. C. & H. R. R. R. Co., 61 Hun, 619.) Cases in which private and local bills shall not be passed; restric- tions as to laws authorizing street railroads. — § 18. The Legislature shall not pass a private or local bill in any of the following cases: Changing the names of persons. Has no application to corporations. (Moran v. Lydecker, 27 Hun, 585.) Laying out, opening, altering, working or discontinuing roads, high- ways or alleys, or for draining swamps or other low lands. The legislature may, nevertheless, confer the power it before possessed upon boards of supervisors. (People, ex rel. Morrill, v. Supervisors of Queens 113 N. Y. 585; People, ex rel. Comrs., v. Banks, 67 id. 568.) Not applicable to New Toek State Constitution of 1894. 163 act laying out city street (Matter of Lexington Ave., 29 Hun, 308; Matter of Woolsey, 95 N. Y. 135, rev'g 29 Hun, 629); nor to provision in village charter authorizing board of trustees to widen a street. (People v. Lohnas, 54 Hun, 604. See also Matter of Church, 92N. Y. 1; Treanor v. Eichhorn, 74 Hun, 68; Weinckie v. N. Y. Cent. & H. E. R. R., 61 id. 619; Swikehard v. Michels [8p. T. Sup. Ut.], 8 Misc. Rep. 568.) Locating or changing county seats. Providing for changes of venue in civil or criminal cases. Incorporating villages. "An act to amend and consolidate the charter of the village of Waterloo" not in violation of this provision. (Reed v. Schmit, 89 Hun, 223.) Providing for election of members of boards of supervisors. An act jjroviding for the length of term of supervisors in but four counties is unconstitutional. (People, ex rel. v. HofEman [8p. T.], 60 How. Pr. 824.) This provision apiplies to town, not to city, supervisors. A provision of a city charter allowing the supervisors of each ward to be "elected by the electors of each ward" is valid. (People, ex rel. Clancy, v. Supervisors, 189 N. Y. 524.) Selecting, drawing, summoning or impaneling grand or petit jurors. (See People v. Petrea, 92 N. Y. 128.) Regulating the rate of interest on money. The opening and conducting of elections or designating places of voting. Creating, increasing or decreasing fees, percentage or allowances of public officers, during the term for which said officers are elected or appointed. An act increasing fees of sheriff of Kings county, which did not in terms apply to the sheriff in office, held constitutional. (Kerrigan v. Force, 68 N. Y. 381.) Does not apply to officers having fixed salaries (Mangam v. Brook- lyn, 98 id. 585); nor to an act relating to the compensation of certain county treasurers, which does not in terms apply to county treasurers in office at the time of its passage. (Supervisors of Seneca v. Allen, 99 id. 532. See also Cole v. State, 102 id. 48; People, ex rel. Lynch, v. Duffy, 49 Hun, 276; Riok- etts V. Mayor, 67 How. Pr. 320.) Granting to any corporation, association or individual the right to lay down railroad tracks. An act amending an act authorizing corporations created for the transmis- sion of letters, etc., in the cities of New York and Brooklyn, by adding the words " and to provide for the transportation of passengers in said tubes," held unconstitutional. (Astor v. Arcade R. R. Co., 113 N. Y. 93.) An act author- izing the construction of an " illustrative section " of elevated railroad, held void. (People, ex rel. Harvey, v. Loew, 102 id. 471.) An act extending the expired time of a railroad is invalid. (Matter of Brooklyn, etc., R. R. Co., 75 id. 335.) Authority to change motive power, although it necessitates a change of rails, is not invalid. (People v. L. I. R. R. Co. [Sp. T.] 9 Abb. N. C. 181; Matter of N. Y. El. R. K., 70 N. Y. 327, where the subject is thor- oughly discussed.) The regulation of an existing right is not within this pro- hibition.) Gilbert El. R. R. Co. v. Anderson, 3 Abb. N. C. 434. See also Farnham v. Benedict, 107 N. Y. 159; Matter of N. Y. & L. I. Bridge Co., 64 Hun, 400.) 164: New Yoek State Constitution of 1894. Granting to any private corporation, association or individual any- exclusive privilege, immunity or franchise whatever. Designed to prohibit original and independent grants. An act restricting and regulating an existing right is not within this prohibition . (Matter of Gilbert El. R. R., 70 N. Y. 361. See Matter of Application of Union Ferry Co., 98 id. 139; Syracuse Water Co. v. Syracuse, 116 id. 167, 186; Trustees of Fire- men's Fund v. Roome, 98 id. 314 ; Moran v. L. I. City, 101 id. 439.) Providing for building bridges, and chartering companies for such purposes, except on the Hudson river below Waterford, and on the East river, or over the waters forming a part of the boundaries of the state. It may nevertheless confer the power of local legislation in regard to building bridges upon board of supervisors. (Town of Kirkwood v. Newbury, 12sJ N. Y. 571 . See People, ex rel. Keene, v. Board of Supervisors of Queens, 143 id. 371; Wrought Iron Bridge Co. v. Attica, 119 id. 204.) The legislature shall pass general laws providing for the cases enumerated in this section, and for all other cases which in its judg- ment, may be provided for by general laws. But no law shall author- ize the construction or operation of a street railroad except upon the condition tbat the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities hav- ing the control of, that portion of a street or highway upon which it is proposed to construct or operate suph railroad be first obtained, or in case the consent of such property owners cannot be obtained, the Appel- late Division of the Supreme Court, in the department in which it is pro- posed to be constructed, may, upon application, appoint three commis- sioners who shall determine, after a hearing of all parties interested, whether such railroad ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the con- '-sent of the property owners. [Section 18 of article III of the amended constitution of 18)6 amended by changing the words ' general term of the supreme court, in the district " in the last paragraph to •' appellate division of the supreme court, in the department.^^j The provisions of the last paragraph of section 18 in reference to consent do not apply to the streets of New York city, the title to those streets being in the city. (In re Gilbert El. R. R. Go. , 70 N. Y. 361 .) This paragraph does not prevent the imposing of further conditions not inconsistent herewith. (Matter of Thirty-fourth St. R. R. Co., 103 N. Y. 343.) Refers to a part of a road as well as to a complete railroad. (Matter of Metropolitan Transit Co., Ill N. Y. 588.) The powers and franchises of street railroad corporations existing prior to January 1, 1875, maybe regulated without violating this provision. (Matter of Petition of 3rd A. R. R. Co., 121 N. Y. 536.) The legislative power to authorize the construction of a street railway is subject to the limitation that the franchise is granted for public purposes. (Fanning v. Osborne, 103 N. Y. 441.) Private claims not to be audited by legislature § 19. The Legis- lature shall neither audit nor allow any private claim or account against the State, but may appropriate money to pay such claims as shall have been audited and allowed according to law. [Section 19 of article III of the amended constitution of 1846, without change .1 New Yoek State Constiiution op 1894. 165 (For laws creating and regulating the court of claims, see L. 1883, chap. 205; L. 1884, chap. 334; L. 1884, cbap. 85; L. 1884, chap. 329; L. 1884, chap. 336; L. 1885, chap. 135; L. 1885, chap. 355; L. 1887, chap. 36, and amendatory acts [R. S., 8th ed., pp. 538^6]). This section prohibits the legislature from auditing claims, but recognizes its pow^er to authorize appropriate tribunals to do so. (Cole v. State, 102 N. Y. 48, 53.) In this respect its power is not confined to strictly legal claims. (Id.) Section cited in Swift v. State, 89 N. Y. 66. Two-thirds bills. — § 20. The assent of two-thirds of the members elected to each branch of the legislature shall be requisite to every bill appropriating the public moneys or property for local or private purposes. [Section 9 of article I of the amended constitution of 1846, without change.] (For law requiring certificate of presiding ofla.cer, see Legislative L., § 40.) Where the appropriation is far state purposes, though the expenditure is confined to a locality, ic does not require a two- thirds vote. Money may be appropriated to pay individuals for property purchased for the state or for salaries or wages without a two-thirds vote. (Sweet v. Syracuse, 139 N. Y. 316, 347.) The courts may inquire whether an appropriation is public, and if private or local, whether it received the assent of two-thirds of the members of each house. (W. W. M. Co. v. Shanahan, 138 N. Y. 345, 358.) The law must show on its face the requisite vote. (People, ex rel. Purdy, v. Commissioners, 54 N. Y. 376.) Resort may be had to the original law to determine whether it received the requisite two-thirds vote. (Rumsey v. N. Y. & N. E. R. R. Co., 130 id. 88.) Or if the certificate is defective and does not state by what vote the bill was passed, to the journal of the house. (Id.) A certificate in due form, free from defects and clerical errors, would doubt- less be conclusive. (Id. ; People v. Devlin, 33 N. Y. 369.) A.n appropriation is local when money is to be expended in a particular locality and the people of that locality are to be directly and mainly benefited, although the public are remotely and incidentally benefited also. (People v. Allen, 42 N. Y. 378,383.) An act (L. 1868, chap. 776) vesting in a certain town real estate of the state required a two-thirds vote. (People, ex rel. Purdy, v. Commissioners, 54 N. Y. 376.) ^ ... An act authorizing the treasurers of certain counties to retain commissions allowed on the collection of state taxes is not within the section. (Bd. of Supervisors of Seneca v. Allen, 99 N. Y. 532.) This section is no limitation on the power of the legislature to assess or tax the cost of a local improvement upon a locality. (People, ex rel. N. Y. & H. R. R. Co. V. Havemeyer, 47 How. Pr. 494, 513; Town of Guilford v. Cornell, 18 Barb. 615.) ^ . u An act declaring the arrears of salaries of county oflttcers a county charge, and directing the board of supervisors to audit and allow their accounts therefor is not within this section. (Morris v. People, 3 Den. 381.) The " public moneys or property " of the state means property belonging to the state strictly, such as the collected revenues of the state, the buildings owned by the state, the state canals, etc. (Matter of the Taxpayers of Kingston TOo. Ct.J, 40 How. Pr. 444.) See also Trustees of Exempt Fire- metfs Fund v. Roome, 93 N. Y. 313; People v. Supervisors of Chenango, 8 id. 324; Englishbee v. Hehnuth, 3 N. Y. 294.) Appropriation bills.- § 21. No money shall ever be paid out of the treasury of this State, or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law; nor unless such payment be made within two years next after the passage 166 l^Bw ToBK State CoNSTiTtrTioN or 1894. of such appropriation act; and every such law making a new appro- priation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied; and it shall not be sufficient for such law to refer to any other law to fix such sum. [Section 8 of article Vlt of the amended constitution of 1846, without ahange.] An act directing the application of taxes assessed on railroads to the redemption of municipal bonds, not violative of this section. (Matter of Clark V. Sheldon, 106 N. Y. 104.) A legacy to an unknown person paid into the treasury pursuant to Code of Civil Procedure is not within the prohibition of this section, and may be paid out without an appropriation. (Evans v. Chapin, 101 N. Y. 682. See also People V. Canal Board, 55 id. 390, 399.) Restrictions as to provisions in the appropriation or supply hills. — § 22. ISTo provision or enactment shall be embraced in the annual appro- priation or supply bUl, unless it relates specifically to some particular appropriation in the bill; and any such provision or enactment shall be limited in its operation to such appropriation. [New.] Certain sections not to apply to commission bills. — § 23. Sections seventeen and eighteen of this article shall not apply to any bill, or the amendments to any bill, which shall be reported to the legislature by commissioners who have been appointed pursuant to law to revise the statutes. [Section 36 of article 111 of the amended constitution of 1846, without change.] In the absence of proof to the contrary it will be presumed that an act originated in a biU so reported. (People v. Petrea, 92 N. Y. 128, 138.) Tax bills to state tax distinctly. — § 24. Every law which imposes, continues or revives a tax shall distinctly state the tax and the object to which it is to be applied, and it shall not be sufficient to refer to any other law to fix such tax or object. [Section 20 of article III of the amended constitution of ,1848, without change.] Applies only to a general tax upon all the property of the state, and was not intended to apply to a local tax. (Jones v. Chamberlain, 109 N Y 109- Hralem R. R. Co. v. Havemeyer, 4 T. & C. 65.) Applies only to the annual recurring taxes known at the time of the adop- tion of the provision imposed generally on all the property of the state, and not to a special tax (inheritance tax). (Matter of McPherson, 104 N. Y. 306.) Does not apply to an act directing the appUcation of railroad taxes. (Matter of Clark v. Sheldon, 106 ]Sf. Y. 104.) A tax law imposing a tax of three and a half mills per dollar, " or so much thereof as may be necessary," held void. (People, ex rel. Hopkins, v. Suner- visorsof Kings, 52 N. Y. 556.) r , f ^ A law imposing a tax otherwise valid is not impaired by vetoes of items in appropriation bills whereby such bills do not appropriate all the money which will probably be received under such tax. (Matter of Attorney-General, 58 Hun, 218.) ^ An act requiring insurance companies of another state to pay an amount equal to that imposed by the state of their origin on companies of this state is in the nature of a license fee and not prohibited by this section fPeonle v Fire Association of PhUa., 92 N.Y. 311.) ■ k v ■ New Yobk State Constituuion of 1894, 167 Mere modification in the process of collecting a tai does not violate this section. (People v. Supervisors of Ulster, 36 Hun, 491, 496. See also People, ex rel. Burrows, v. Supervisors of Orange, 17 N. Y. 235 ; Hurlburb v. Banks, 1 Abb. N. C. 157; Pumpelly v. Owego, 45 How. Pr. 219; People v. Nat. Fire Ins. Co., 27 Hun, 188 ; People v. Floating Dry Dock Co., 11 Abb. N. C. 40; Spencer v. Merchant, 100 N. Y. 585; W. I. B. Co. v. Town of Attica, 119 N. Y. 204.) When ayes and nays necessary; three-fifths to constitute quorum. — § 25. On the final passage, in either house of the Legislature, of any act which imposes, continues or revives a tax, or creates a debt or charge, or makes, continues or revives any appropriation of public or trust money or property, or releases, discharges or commutes any claim or demand of the State, the question shall be taken by yeas and nays, which shall be duly entered upon the journals, and three-fifths of all the members elected to either house shall, in all such cases, be necessary to constitute a quorum therein. [Section £1 of article III of tlie amended constitution of 1846, without change.] The provision requiring the presence of three-fifths has no reference to the passage of a military law by which a commutation tax is imposed . (People V. The Supervisors of Chenango, 8 N. Y. 317.) ^ Ljtws 1855, chapter 428, "An act for compensating parties whose property may be destroyed in consequence of mobs and riots," did not require three- fifths to constitute a quorum, although it might result in creating a local charge. (Darlington v. Mayor, etc., of N. Y., 31 N. Y. 164, 185. See also Trustees of Exempt Firemen's Fund v. Roome, V)8 id. 313; PumpeUy v. Owego' 45 How. Pr. 219.) Boards of supervisors.— § 26. There shall be in the several counties, except 4n cities whose boundaries are the same as those of the county, a board of supervisors, to be composed of such members, and elected in such manner, and for such period, as is or may be provided by law. In any such city the duties and powers of a board of supervisors may be devolved upon the common council or board of aldermen thereof. [Section Zi of article lit of the amended constitution of 1846, without change.] Local legislative powers.— § 27. The Legislature shall, by general laws, confer upon the boards of supervisors of the several counties of the State such further powers of local legislation and administration as the Legislature may, from, time to time, deem expedient. [Section 28 of article III of the amended constitution of 1846, without change.] While the legislature is prohibited from passing a local biU laying out, open- ing, etc., highways, it may confer such power on the boards of supervisors. (Town of Kirkwood v. Newbury, 122 N. Y. 571, 576; People, ex rel. Morrill, V. Supervisors, 112 id. 585.) An act providing that the board of supervisors may fix salary of county treas- urer is valid. (Board of Supervisors of Seneca v. Aden, 99 N. Y. 582.) An act giving to boards of supervisors in counties containing a city of over 100,000, where contiguous territory has been mapped out into streets, etc., power to lay out, open and grade the same, and to assess therefor, is not a local law under this section. (Matter of Church, 92 N. Y. 1.) An act authorizing boards of supervisors to make local laws for the protec- tion of shell fish is CO astitutional. (Smith v. Levinus, 8 N. Y. 472; HaUock V Dominy, 7 Htm, 52. See People, ex rel. Martin, v. Earle, 47 How. Pr. 458.) 168 New Yoek State Constituiion of 1894. Extra compensation prohibited.— § 28. The Legislature shall not, nor shall the common council of any city, nor any board of supervisors, grant any extra compensation to any public officer, servant, agent or contractor. [Section 24 of article III of the amended constitution of 1846, without change.] A resolution of the supervisors of Albany county giving a clerk to the coro- ners of such county, not violative of this section. (People, ex rel . Masterson, v . GaUup [Sp. T. Sup. Ct.], 65 How. Pr. 108; S. C. 13 Abb. N. C. 65.) Increase of salary for remainder of term not unconstitutional. (Truesdale v. City of Eochester, 33 Hun, 574. See Cole v. State, 103 N. Y. 48, 58.) Prison labor; contract system abolished. — §29. The Legislature shall, by law, provide for the occupation and employment of prisoners sen- tenced to the several state prisons, penitentiaries, jails and reformato- ries in the State; and on and after the first day of January, in the year one thousand eight hundred and ninety-seven, no person in any such prison, penitentiary, jail or reformatory, shall be required or allowed to work, while under sentence thereto, at any trade, industry or occu- pation, wherein or whereby his work, or the product or profit of his work, shall be farmed out, contracted, given or sold to any person, firm, association or corporation. This section shall not be construed to prevent the Legislature from providing that convicts may work for, and that the products of their labor may be disposed of to, the State or any political division thereof, or for or to any public institution owned or managed and controlled by the State, or any political division thereof. [New.] I The provisions of law abrogated by this section are in Laws of 1889, chap. 383, article 3, amending the Revised Statutes. ARTICLE IV. Executive power. — Sbctiojc 1. The executive power shall be vested in a Governor, who shall hold his office for two years; a Lieutenant- Grovernor shall be chosen at the same time, and for the same term. The Governor and Lieutenant-Governor elected next preceding the time when this section shall take effect, shall hold office until and including the thirty-first day of December, one thousand eight hundred and ninety- six, and their successors shall be chosen at the general election in that year. [Section 1 of article IV of the amended constitution of 1846, amended by changing the term of office of the governor and lieutenant-governor from three to two years.] Qualifications of Governor and Lieutenant-Governor § 2. No person shall be eligible to the office of Governor or Lieutenant-Governor except a citizen of the United States, of the age of not, less than thirty years and who shall have been five years next preceding his election a resi- dent of this state. [Section 2 of article IV of the amended constitution of 1846, without change.] Election of Governor and Lieutenant-Governor.— § 3. The Governor and Lieutenant-Governor shall be elected at the times and places of New Yoek State Constitution of 18(94:. 169 choosing members of the Assembly. The persons respectively having the highest number of votes for Governor and Lieutenant-Governor shall be elected; but in case two or more shall have an equal and the highest number of votes for Governor, or for Lieutenant-Governor, the two houses of the Legislature at its next annual session shall forthwith, by joint ballot, choose one of the said persons so having an equal and the highest number of votes for Governor or Lieutenant-Governor. [Section 8 of article IV of the amended constitution of 1816, witliout cliange.] Duties and powers of Governor; compensation. — §4. The Governor shall be Commander-in-Chief of the military and naval forces of the State. He shall have power to convene the Legislature, or the Senate only, on extraordinary occasions. At extraordinary sessions no sub- ject shall be acted upon, except such as the Governor may recommend for consideration . He shall communicate by message to the Legislature at every session the condition of the State, and recommend such matters to it as he shall judge expedient. He shall transact all necessary busi- ness with the oificers of government, civil and military. He shall expedite all such measures as may be resolved upon by the Legislature, and shall take care that the laws are faithfully executed. He shall receive for his services an annual salary of ten thousand dollars, and there shall be provided for his use a suitable and furnished executive residence. [Section 4 of article IV of the amended constitution of 1846 amended by a change of the word " them " to " it," referring to the legislature, in the fourth sentence.] The governor, as commander-in-chief of the military forces of the state, has power to consolidate companies and regiments (People v. Bwen, 17 Hbw. Pr. 375) ; also to disband them. (People, ex rel. Leo, v. Hill, 136 N. Y. 497.) No action can be maintained to recover any part of money appropriated by law to the governor for incidental expenses ; the propriety of the expendi- ture is discretionary and not subject to judicial cognizance. (People v. Lewis, 7 Johns. R. 72.) The governor is not required to recommend any subject in a proclamation, convening the legislature in extraordinary session. (People, ex rel. Carter, V. Kice, 135N. Y. 473.) An extraordinary session of the legislature can make a valid and consti- tutional apportionment. (People, ex rel. Carter, v. Rice, 135 N. Y. 473.) Reprieves, commutations, and pardons to be granted by governor.— § 5. The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon, or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall annually com- municate to the Legislature each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its dale, and the date of the com- mutation, pardon or reprieve. [Section 5 of article IV of the amended constitution of 1846, without change.] 170 New Yoek State CoNS'niuTiON of 1894. No pardon granted to any person imprisoned for life shall restore him to the rights of any previous marriage, or to the guardianship of any children the issue of such marriage. (R S , Pt. II. chap. 8, tit. 1, §7; R. S. , 8th ed., p. 3596.) A pardon that contains a provision that it shall not remove disabilities is void. (People v. Pease, 3 Johns. Cas. 333.) A court cannot go behind a pardon to inquire into its regularity, although fraudulently obtained. {In re Edymoin, 8 How. Pr. 478.) In case of a breach of a conditional pardon, the recipient may be remanded, and the original sentence executed. (People v. Potter, 1 Park. Cr. 47; Matter of Whalen, 47 State Rep. 313.) A statute vrhich in terms authorizes courts of criminal jurisdiction to sus- pend sentence in certain cases, after conviction, is not violative of this section. (People, ex rel. v. Court of Sessions, 141 N. Y. 288.) The distinction between the power to suspend sentence and the power to pardon pointed out. (Id.) When lieutenant-governor to act as governor. — § 6. In case of the impeachment of the Governor, or his removal from office, death, inabil- ity to discharge the powers and duties of the said office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant-Governor for the residue of the term, or until the disability shall cease. But when the Governor shall, with the consent of the Legislature, be out of the State, in time of war, at the head of a military force thereof, he shall continue Commander-in-Uhief of all the military force of the State. [Section 6 of article IV of the amended constitution of 1846, without change.] ftualifications and duties of lieutenant-governor ; succession to the governorship.— § 7. The Lieutenant-Governor shall possess the same qualifications of eligibility for office as the Governor. He shall be president of the Senate, but shall have only a casting vote therein. If during a vacancy of the office of Governor, the Lieutenant-Governor shall be impeached, displaced, resign, die, or become incapable of per- forming the duties of his office, or be absent from the State, the Presi- dent of the Senate shall act as Governor until the vacancy be filled or the disability shall cease ; and if the President of the Senate for any of the above causes shall become incapable of performing the duties per- taining to the office of governor, the Speaker of the Assembly shall act as Governor until the vacancy be filled or the disability shall cease. [Section 7 of article IV of the amended constitution of 1846, amended by adding the nrovision conferring upon the speaker of the assembly the right of succession to the goveniorship ] A vote of the state senate, determined by the casting vote of the president thereof, is a majority vote. (N. Y., L. E & W. R. R. Co. v. Citv of Dunkirk 65 Hun, 494, 50U.) ^ uuiiuis. Salary of lieutenant-governor.-§ 8. The Lieutenant Governor shall receive for his services an annual salary of five thousand dollars, and shall not receive or be entitled to any other compensation, fee or per- quisite, for any duty or service he may be required to perform by the Constitution or by law. [Section 8 of article IV of the amended constitution of 1846, without change.] Bills to be presented to governor ; approval ; passage of bill bv legisla- ture If not approved-§9. Every bill which shall have passed the Senate and Assembly shall, before it becomes a law, be presented to the New Toek Statb CoNSTmrnoN of 1894. 171 Governor ; if he approve, he shall sign it ; but if not, he shall return it with his objections to the house in which it shall have originated, which shall enter the objections at large on the journal, and proceed to reconsider it. If after such reconsideration, two-thirds of the mem- bers elected to that house shall agree to pass the bill, it shall be sent together with the objections, to the other house, by which it shall likewise be reconsidered ; and if approved by two-thirds of the members elected to that house, it shall become a law notwith- standing the objections of the Governor. In all such cases, the votes in both bouses shall be determined by yeas and nays, and the names of the members voting shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Legislature shall, by their adjournment, pre- vent its return, in which case it shall not become a law without the approval of the Governor. No bill shall become a law after the final adjournment of the Legislature, unless approved by the Governor within thirty days after such adjournment. If any bill presented to the Governor contain several items of appropriation of money, he may object to one or" more of such items while approving of the other portion of the bill. In such case, he shall append to the bill, at the time of signing it, a statement of the items to which he objects; and the appropriation so objected to shall not take effect. If the Legisla- ture be in session, he shall transmit to the house in which the bill originated a copy of such statement, and the items objected to shall be separately reconsidered. If on reconsideration one or more of such items be approved by two-thirdd of the members elected to each house, the same shall be part of the law, notwithstanding the objections of the Governor. ' All the provisions of this section, in relation to bills not approved by the Governor, shall apply in cases in which he shall withhold his approval from any item or items contained in a bill appropriating money. ' [Section 9 of article IV of the amended constitution of 1846, without change.] The adjournment referred to in this section is the final adjournment at the close of the session and not the ordinary recess taken from time to time during the continuance of the session. (Hequembourg v. City of Dunkirk, 49 Hun, 550, following the case of Soldiers' Voting Bill, 45 N. H. 607.) The power of the governor to approve and sign a bill presented to him within ten days previous to adjournment of the legislature does not cease with the adjournment. (People v. Bowen, 21 N. Y. 517.) ARTICLE V. State officers.— Suction 1. The Secretary of State, Comptroller, Treas- urer, Attorney-General and State Engineer and Surveyor shall be chosen at a general election, at the times and places of electing the Governor and Lieutenant-Governor, and shall hold their offices for two years, except as provided in section two of this article. Each of the officers in this article named, excepting t:he Speaker of the Assembly, shall, at stated times during his continuance in office, receive for his services a compensation which shall not be increased or diminished during the 172 New Yoek State Constitution of 1894. ' term for wMeh lie shall have been elected; nor shall he receive to his use any fees or perquisites of office or other compensation. No person shall be elected to the office of State Engineer and Survejr or who is not a practical civil engineer. [Sections 1 and 2 of article V of the amended constitiitlon of 18(6, consolidated without change.] First election of state oflacers. — § 2. The first election of the Secre- tary of State, Comptroller, Treasurer, Attorney-General and State Engi- neer and Surveyor, pursuant to this article, shall be held in the year one thousand eight hundred and ninety-five, and their terms of office shall begin on the first day of January following, and shall be for three years. At the general election in the year one thousand eight hundred and ninety-eight, and every two years thereafter, their successors shall be chosen for the term of two years. [New.] Superintendent of public works ; appointment ; powers and duties of. — § 3. A superintendent of public works shall be appointed by the Governor, by and with the advice and consent of the Senate, and hold his office until the end of the term of the Governor by whom he was nominated, and until his successor is appointed and qualified. He shall receive a compensation to be fixed by law. He shall be required by law to give security for the faithful execution of his office before entering upon the duties thereof. He shall be charged with the execu- tion of all laws relating to the repair and navigation of the canals, and also of those relating to the construction and improvement of the canals, except so far as the execution of the laws relating to such con- struction or improvement shall be confided to the State Engineer and Sur- veyor; subject to the control of the Legislature, he shall make the rules and regulations for the navigation or use of the canals. He may be suspended or removed from office by the Governor, whenever, in his judgment, the public interest shall so require; but in case of the removal of such Superintendent of Public Works from office, the Governor shall file with the Secretary of State a statement of the cause of such removal, and shall rejiort such removal and the cause thereof to the Legislature at its next session. The Superintendent of Public Works shall appoint not more than three assistant superintendents, whose duties shall be prescribed by him, subject to modification by the Legislature, and who shall receive for their services a compensation to be fixed by law. They shall hold their office for three years, subject to suspension or removal by the Superintendent of Public Works, when- ever, in his judgment, the public interest shall so require. Any vacancy in the office of any such assistant superintendent shall be filled for the remainder of the term for which he was appointed, by the Superintendent of Public Works; but in case of the suspension or •removal of any such assistant superintendent by him, he shall at once report to the Governor, in writing, the cause of such removal. AH other persons employed in the care and manage- ment of the canals, except collectors of tolls, and those in the department of the State Engineer and Surveyor, shall be appointed by the Superintendent of Public Works, and be subject to suspension or removal by him. The Superintendent ^of Public Works shall per- INew Yobk State Constitution of 1894. 173 form all the duties of the former Canal Commissioners and Board of Canal Commissioners, as now declared by law, until otherwise pro- vided by the Legislature. The Governor, by and with the advice and consent of the Senate, shall have power to fill vacancies in the office of Superintendent of Public Works; if the Senate be not in session, he may grant commissions which shall expire at the end of the next succeed- ing session of the Senate. [Section 3 of article V nf the amended cfinstitution of 1846, amended, by striking from sucli section tlie sentence abol'siilng tlie oHice of canal commissioner,] Under this section, the superintendent of public works has the exclusive power to select and appoint his subordinates, and to determine as to the pro- priety of such appointments, and as to their quahfications . (People, ex rel. Killeen, v. Angle, 109 N. Y. 564), A superintendent of public works honestly and fairly exercising his discre- tion in matt<^rs pertaining to the canals, his conduct is not subject to the con- trol or direction of the courts. (Wright v. Shanahan, 61 Hun, 264. See also Yaw V. State, 137 id. 190 ; Clark v. State, 142 id. 101.) Superintendent of state prisons, appointment, powers and duties of. — § 4. A Superintehdent of State Prisops shall be appointed by the Gov- ernor, by and with the advice and consent of the Senate, and hold his office for five years, unless sooner removed ; he shall give se mrity in such amount, and with such sureties as shall be required by law for the faithful discharge of his duties ; he shall have the superintendence, management and control of state prisons, subject to such laws as now exist or may hereafter be enacted; he shall appoint the agents, wardens, physicians and chaplains of the prisons. The agent and warden of each prison shall appoint all other officers of such prison, except the clerk, subject to the approval of the sarne by the Superintendent. The Comptroller shall appoint the clerks of the prisons. The Superintendent shall have all the powers and perform all the duties not inconsistent herewith, which were formerly had and performed by the Inspectors of State Prisons. The Governor may remove the Superintendent for cause at any time, giving to him a copy of the charges against him, and an opportunity to be heard in his defense. [Section 4 of article V of tlie amended constitution of 1846, amended. Tlie words " were formerly " in tlie next section to the last are new. taking the piice of the words " have hereto- fore bei-n." The sente ice relating to the abo.ishing of the ofdoe of iaspsc or of state prisons Is omitted.] The power conferred upon the superintendent of state prisons by this section is subject to regulation and control by the legislature. (People, ex rel. GriflSn, V. Lskthrop, ,71 Hun, 302.) Commissioners of the land office ; of the canal fund : canal board. — § 5. The Lieutenant-Governor, Speaker of the Assembly, Secretary of State, Comptroller, Treasurer, Attorney-General and State Engineer and Surveyor shall be the commissioners of the land office. The Lieutenant- Governor, Secretary of State, Comptroller, Treasurer and Attorney-Gen- eral shall be the commissioners of the canal fund. The canal board shall consist of the commissioners of the canal fund, the State Engineer and Surveyor and the Superintendent of Public Works. [Section 6 of article V of the amended constitution of 1846, amended by striking out the words " canal commissioners " and inserting in place thereof the words " superintendent of public works," to conform with section 3 of article V, ante.] t>/ 174: New Toek State Constitution of 1894. The legislature has the power to prescribe the powers and duties of the oom- missioners of the land office. (Rutnsey v. N. Y. & N. E. R. R. Co., 130 N. Y. 88, 93.) Powers and duties of boards.— § 6. The powers and duties of the respective boards, and of the several officers in this article mentioned, shall be such as now are or hereafter may be prescribed by law. [Section 6 of article V of tlie amended constitution of 1846, wltliout change.] The provision of this section does not apply to officers created by the amendment of 1873 to article V, section 3. (People, ex rel. Killeen, v. Angle, 109 N. Y. 564. See also case cited under section 5.) State treasurer, suspension by governor. — § 7. The Treasurer may be suspended from oflSce by the Governor, during the recess of the Legisla- ture, and until thirty days after the commencement of the next session of the Legislature, whenever it shall appear to him that such Treasurer has, in any particular, violated his duty. The Governor shall appoint a competent person to discharge the duties of the office during such sus- pension of the Treasurer. [Section 7 of article V of tlie amended constitution of 1846, without change.] Certain offices abolished.— § 8. All offices for the weighing, gauging, measuring, culling or inspecting any merchandise, produce, manufac- ture or commodity whatever, are hereby abolished; and no such office shall hereafter be created by law ; but nothing in this section contained shall abrogate any office created for the purpose of protecting the public health or the interests of the State in its property, revenue, tolls or purchases, or of supplying the people with correct standards of weights and measures, or shall prevent the creation of any office for such pur- poses hereafter. [Section 8 of article V of the amended constitution of 184S, without change.] A.n act reorganizing the warden's office of the port of New York, and providing that certain officers shall have cognizance of all matters relating to the surveys of vessels and their cargoes, arriving in the port of New York, is not violative of ^his provision. (Tinkham v. Tapscott, 17 N. Y. 141.) Civil service appointments and promotions. — § 9. Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinatipns, which, so far as practicable, shall be competitive; provided however, that honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and resi- dents of this State, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section. [New.] 'Z i. [ The following article is a substitute for article VI of the amended constitution of 1R46, and the notes at the end of the following sections will only refer to similar provisions in the sections of such article.] New Tobk State Constitution of 1894. 175 ARTICLE VI. Supreme court; how constituted; judicial districts. — Section 1. The Supreme Court is continued with geueral jurisdiction in law and equity, subject to such appellate jurisdiction of the Court of Appeals as now is or may be prescribed by law not inconsistent with this article. The existing judicial districts of the State are continued until changed as hereinafter provided. The Supreme Court shall consist of the Justices now in office, and of the Judges transferred thereto by the fifth section of this article, all of whom shall continue to be Justices of the Supreme Court during their respective terms, and of twelve additional Juutices who shall reside in and be chosen by the electors of, the several exist- ing judicial districts, three in the first district, three in the second, and one in each of the other districts; and of their successors. The successors of said justices shall be chosen by the electors of their respective judicial districts. The Legislature may alter the judicial dis- tricts once after every enumeration under the Constitution, of the inhabitants of the State, and thereupon reapportion the Justices to be thereafter elected in the districts so altered. [The number of supreme c )urt judgijs is changed b v this section trom 46 to 76. The superior oourtof the city of New York, the court of common pleas for the city and county of New York, the superior court of Butfalo and the city court of Brooklyn are abolished by section 5 of this article and the judges thereof tr ommon pleas for the City and County of New York, the Superior Court of Buffalo, and the City Court of Brookljn, are abolished from and after the first day of January, one thousand eight hundred and ninety-six, and thereupon the seals, records, papers and documents of or belonging to such courts, shall be deposited in the offices of the Clerks of the several counties in which said courts now exist; and all actions and proceedings then pending in such courts shall be transferred to the Supreme Court for hearing and determination. The Judges of said courts in office on the first day of January, one thousand eight hundred and ninety-six, shall, for the remainder of the term for which they were elected or appointed, be 23 178 New York State CoNSTiTUTioifr or 1894. Justices of the Supreme Court; but they shall sit only in the counties in which they were elected or appointed. Their salaries shall be paid by the said counties respectively, and shall be the same as the salaries of the other Justices of the Supreme Court residing in the same counties. Their successors shall be elected as Justices of the Supreme Court_ by the electors of the judicial districts in wh'.ch they respectively reside. The jurisdiction now exercised by the several courts hereby abolished, shall be vested in the Supreme Court. Appeals from inferior and local courts now heard in the Court of Common Pleas for the City and County of New York and the Superior Court of BufPalo, shall be heard in the Supreme Court in such manner and by such Justice or Justices as the Appellate Divisions in the respective departments which include New York and Buffalo shall direct, unless otherwise provided by the Legislature. [This section Is new. See §5 12, 13 of article VI of the amended constitntion of 1864.] Circuit courts and courts of oyer and terminer abolislied. - § 6. Circuit Courts and Courts of Oyer and Terminer are abolished from and after the last day of December, one thousand eight hundred and ninety-five. All their jurisdiction shall thereupon be vested in the Supreme Court, and all actions and proceedings then pending in such courts shall be transferred to the Supreme Court for hearing and determination. Any Justice of the Supreme Court, except as otherwise provided in this article, may hold court in any county. [This section is new.] Court of appeals. — § 7. The Court of Appeals is continued. It shall consist of the Chief Judge and Associate Judges now in office, who shall hold their offices until ihe expiration of their respective terms, and their successors, who shall be chosen by the electors of the State. The official terms of the Chief Judge and Associate Judges shall bi- fourteen years from and including the first day of January next after their elec- tion. Five members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court sha,ll have power to appoint and to remove its reporter, clerk and attendants. [Section 2 of article VI of the famended constitution of 1846, amended by a change in the language.] Vacancy in court of appeals, how filled. — § 8. When a vacancy shall occur otherwise than by expiration of term, in the office of Chief or Associate Judge of Ihe Court of Appeals, the same shall be filled, for a full term,, at the next general election happening not less than three months after such vacancy occurs; and until the vacancy shall be so filled, the Governor, by and with the advice and consent of the Senate, if the Senate shall be in session, or if not in session the Governor, may fill such vacancy by appointment. If any such appointment of Chief . Judge shall be made from among the Associate Judges, a temporary appointment of Associate Judge shall be male in like manner; but in such case, the person appointed Chief Judge shall not be deemed to vacate his office of Associate Judge any longer than until the expiration of his appointment as Chief Judge. The powders and jurisdiction of the court shall not be suspended for want of appointment or election, when New Toek Statb Constitution of 1894. 179 the number of Judges is sufficient to constitute a quorum. All appoint- ments under this section shall continue until and including the last day of December next after the election at which the vacancy shall be filled. [Section 3 of article VI of the amended constitution of 1846, amended by a change in language.] jurisdiction of court of appeals.— § 9. After the last day of December, one thousand eight hundred and ninety-five, the jurisdiction of the Court of Appeals, except where the judgment is of death, shall be limited to the review of questions of law. No unanimous decision of the Appellate Division of the Supreme Court that there is evidence support- ing or tending to sustain a finding of fact or a verdict not directed by the court, shall be reviewed by the Court of Appeals. Except where the judgment is of death, appeals may be taken, as of right, to said court only from judgments or orders entered upon decisions of the Appellate Division of the Supreme Court, finally determining actions or special proceedings, and from orders granting new trials on exceptions, where the appellants stipulate that upon aflirmance judgment absolute shall be rendered against them. The Appellate Division in any department may, however, allow an appeal upon any question of law which, in its opinion, ought to be reviewed by the Court of Appeals. The Legislature may further restrict the jurisdiction of the Court of Appeals and the right of appeal thereto, but the right to appeal shall not depend upon the amount involved. The provisions of this section shall not apply to orders made or judgments rendered by any General Term before the last day of Decem- ber, one thousand eight hundred and ninety-five, but appeals therefrom may be taken under existing provisions of law. [This section is mostly new] . Judges not to iiold any other office. — § 10. The Judges of the Court of Appeals and the Justices of the Supreme Court shall not hold any other office or public trust. All votes for any of them, for any other than a judicial office, given by the Legislature or the people, shall be void. [Section 10 of article VI of the amended constitution of 1846, without change.] Power conferred upon the supreme court to appoint commissioners of esti- mate and assessment is not unconstitutional as conferring another office of public trust. (Striker v. Kelly, 7 HUl, 9. And see Embury v. Connor, 3 N. Y. 511.) Nor is the duty of designating a journal for the publication of judicial notices. (Printing Co. v. IVIayor, etc. of N. Y., 52 Hun, 542.) The term "office or public trust" refers to a permanent public trust or employment to be exercised generally. (Matter of Hathaway, 71 N. Y. 238.) Act of 1858, allowing assessments in city of New York to be set aside by the supreme.court for fraud or irregularity, is not unconstitutional as conferring new office or trust on justices of the supreme court. (]M!atter of Beekman, 19 How. Pr. 518.) This section does not apply to a case where a judge and two others were appointed by the legislature as appraisers to fix the value of reUos bought by the State. (People, ex rel.v. Nichols, 53 N. Y. 478.) Removal of judges. — § 11. Judges of the Court of Appeals and Jus- tices of the Supreme Court may be removed by concurrent resolution 1«0 New Yofeis; State Constitution of 1894. fo both houses of the Legislature, if two-thirds of all the members elected to each house concur therein. All other judicial officers, except Justices of the Peace and judges or justices of inferior courts not of record, may be removed by the Senate, on the recommendation of the Governor, if two-thirds of all the members elected to the Senate concur therein. But no officer shall be removed by virtue of this sec- tion except for cause, which shall be entered on the journals, nor unless he shall have been served with a statement of the cause alleged, and shall have had an opportunity to be heard. On the question of removal, the yeas and nays shall be entered on the journal. [Section 11 of article VI of the amended constitution of 1846 amended.] Compensation; age restriction; assignment by governor. — § 12. The Judges and Justices hereinbefore mentioned shall receive for their services a compensation established by law, which shall not be increased or diminished during their official terms, except as provided in section five of this article.VJ No person shall hold the office of Judge or Justice of any court longer than until and including the last day of December next after he shall be seventy years of age. No judge or justice elected after the first day of January, one thousand eight hundred and ninety -four, shall be entitled to receive any compensation after the last day of December next after he shall be seventy years of age; but the compensation of every Judge of the Court of Appeals or Justice of the Supreme Court elected prior to the first day of January, one thousand eight hundred and ninety-four, whose term of office has been, or whose present term of office shall be, so abridged, and who shall have served as such Judge or Justice ten years or more, shall be continued during the remainder of the term for which he was elected; but any such Judge or Justice may, with his consent, be assigned by the Governor, from time to time, to any duty in the Supreme Court while his com- pensation is so continued. [The first sentence of this section is the first sentence of section 1 4 of artic'e VI of the amended constitution of 1846, with amendment. The sentence relating to age limitation is a re-enact- ment of the same provision contained in section 13 of article 6 of the amended constitution of 1 846. The provisions relating to compensation and aaaigninent to duty in the supreme court after the expiration of the age limitation are new.] Age limitation does not apply to justices of the peace. (Dehring v. People, 2 T. & C. 458; People v. Mann, 97 N. Y. 530.) Ten years' service need not have been rendered 'during the term abridged to entitle justice to compensation after expiration. (People, exrel. Gilbert, v. Wemple, 125 N. Y. 485.) Retired justice of supreme court is entitled to $1,300 per annum, given by act of legislature for official expenses . (People , ea' reL v . Wemple, 115 N . Y . 302. Trial of impeachments. — § 13, The Assembly shall have the power of impeachment, by a vote of a majority of all the members elected. The Court for the Trial of Impeachments shall be composed of the Presi- dent of the Senate, the senators or the major part of them, and the Judges of the Court of Appeals, or the major part of them. On the trial of an impeachment against the Governor or Lieutenant- Governor, the Lieutenant-Governor shall not act as a member of the court. No judicial officer shall exercise his office, after articles of impeachment against him shall have been preferred to the Senate, until New Yoek State Constitution of 1894. 181 lie shall have been acquitted. Before the trial of an impeachmeiit the members of the court shall take an oath or affirmation truly and impartially to try the impeachment according to the evidence, and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, or removal from office and disquali- fication to hold and enjoy any office of honor, trust or profit under this State; but the party impeached shall be liable to indictment and pun- ishment according to law. [Section 1 of article VI of the amended constitution of .1846 amended.] County courts.— § 14. The existing County Courts are continued, and the Judges thereof now in office shall hold their offices until the expira- tion of their respective terms . In the county of Kings there shall be two County Judges and the additional County Judge shall be chosen at the next general election held after the adoption of this ariicle. The successors of the several County Judges shall be chosen by the electors of the counties for the term of six years. County Courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment for a sum not exceeding two thousand dollars. The Legislature may hereafter enlarge or restrict the juri--diction of the County Courts, provided, however, that their jurisdiction shall not be so extended as to author- ize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant. Courts of Sessions, except in the county of New York, are abolished from and after the last day of December, one thousand eight hundred and ninety-five. All the jurisdiction of the Court of Sessions in each county, except the county of New York, shall thereupon be vested in the County Court thereof, and all actions and proceedings then pending in such Courts of Sessions shall be transferred to siid County Courts for hearing and determination. Every County Judge shall perform such duties as may be required by law. His salary shall be established by law, payable out of the county treasury. A County Judge of any county may hold County Courts in any other county when requested by the Judge of such other county. [Some of the provisions of this section are taken from section 16 of article VI of the amended constitution of 846. The jurisdiction is changed so that the limit is now two thousand dollars instead of one thousand, and courts of sessions are abolished and their jiu-isdiction conferred upon the county courts] Legislature cannot authorize board of supervisors to fix salary of county judge or surrogate. (Healy v. Dudly, 5 Lans. 115.) When the county judge is surrogate, an administrator's bond made to run to the county judge is correct. (Farley v. ]\IcConneU, 53 N. Y. 630.) Surrogates' courts ; surrogates, their powers and jurisdiction ; vacan- cies.— § 15. The existing Surrogates' Courts are continued, and the Surrogates now in office shall hold their offices until the expiration of their terms. Their successors shall be chosen by the electors of their respective counties, and their terms of office shall be six years, except in the county of New York, where they shall continue to be fourteen 182 New Toek State Constitution oe 1894. years. Surrogates and Surrogates' Courts shall have the jurisdiction and powers which the Surrogates and existing Surrogates' Courts now possess, until otherwise provided by the Legislature. The County Judge shall be Surrogate of his county, except where a separate Surrogate has been or shall be elected. In counties having a population exceeding forty thousand, wherein there is no separate Surrogate, the Legislature may provide for the election of a separate officer to be Surrogate, whose term of office shall be six years. When the Surrogate shall be elected as a separate officer his salary shall be established by law, payable out of the county treasury. No County Judge or Surrogate shall hold office longer than until and including the last day of December next after he shall be seventy years of age. Vacancies occurring in the office of County Judge or Surrogate shall be filled in the same manner as like vacancies occurring in the Supreme Court. The compensation of any County Judge or Surrogate shall not be increased or diminished during his term of office. For the relief of Surrogates' Courts the Legislature may confer upon the Supreme Court in any county having a population exceeding four hundred thousand, the powers and jurisdiction of Surrogates, with authority to try issues of fact by jury in probate cases. [Some of the provisions of this section are contained in section 15 of article VI of the amended constitution of 1846.] Collateral inheritance tax law confers no power upon surrogate prohibited by the constitution. (Matter of McPherson, 104 N. Y. 306.) Local judicial ofacers.— § 16. The Legislature may, on application of the board of supervisors, provide for the election of local officers, not to exceed two in any county, to discharge the duties of County Judge and of Surrogate, in cases of their inability or of a vacancy, and in such other cases as may be provided by law, and to exercise such other powers in special cases as are or may be provided by law. [Section 16 of article VI of the amended constitution of 1846, amended.] Under tliis section the legislature has power to authorize a special county judge to take a recognizance. (People v. IVtain, 30 N. Y. 484. And se* for a general discussion of this section, People, ex rel. v. Townsend, 102 id. 430.) Justices of tlie peace; district court justices. — § 17. The electors of the several towns shall, at their annual town meetings, or at such other time and in such manner as the Legislature may direct, elect Justices of the Peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term. Their number and classification may be regulated by law. Justices of the Peace and judges or justices of inferior courts not of record, arid their clerks may be removed for cause, after due notice and an opportunity of being heard, by such courts as are or may be prescribed by law. Justices of the Peace and District Court Justices may be elected in the different cities of this State in such manner, and with such powers, and for such terms, respectively, as are or shall be prescribed by law ; all other judicial officers in cities, whose election or appointment is not otherwise New Yoke Statb CoNsirrtrTioN of 1894. 183 provided for in this article, shall be chosen by the electors of such cities, or appointed by some local authorities thereof. [Section 18 of article VI of the amended constitution of 1846, amended.] This section does not apply to police justices in New York city, and they maybe appointed. (Wenzler v. People,[58]Sr. Y. 516; People v. Morgan, 5 Daly. 161; aflSrmed, 58 N. Y. 679.) And the legislature may abolish or abridge the tenure of office of a police justice. (Coulter v. Murray, 15 Abb. [N. S.) 129.) Legislature cannot provide for election of justices of the peace in any other manner or by any other locality than is prescribed in constitution. (Geraty v. Reid, 78 N. Y. 64.) This section does not prevent annexing towns to cities, and in effect ending the term of a justice of the peace. (Gertum v. Supervisors of Kings, 109 N. Y. 170.) An act of legislature extending the term of a district court judge is uncon- stitutional. (People, ex rel v. Bull, 46 N. Y. 57.) Legislature may confer powers of justices of the peace of towns upon justices in cities. (Ostrander v. People, 29 Hun, 513.) Inferior local courts. — §18. Inferior local courts of civil and crimi- nal jurisdiction may be established by the Legislature, but no inferior local court hereafter created shall be a court of record. The Legisla- ture shall not hereafter confer upon any inferior or local court of its creation, any equity jurisdiction or any greater jurisdiction in other respects than is conferred upon County Courts by or under this article. Except as herein otherwise provided, all judicial officers shall be elected or appointed at such times and in such manner as the Legisla- ture may direct. [ Section 19 of article VI of the amnnded constitution of 1846, amended. The provisions that no such court? shall be courts of record or possess equity jurisdiction are new.] An act establishing within a village a court with inferior and local jurisdic- tion, although he be named a justice of the peace and is given similar powers, is valid. (People, eoc rel. v. Terry, 108 N. Y. 1: Booock v. Cochran, 82 Hun, 521.) Act creating office of police justice in village is not void as giving too broad territorial jurisdiction. (Village of Deposit v. Vail, 5 Hun, 310.) Legislature has power to confer upon a local inferior court, whatever civil or criminal jurisdiction it deems best, subject to constitutional restriction. (Anderson v; ReiUy, 66 N. Y. 189.) This section does not authorize the legislature to provide a district for judi- cial purposes not bounded by town, county, village or city Unes. (People, ex rel. V. Porter, 90 N. Y. 68.) Jurisdiction is limited to localities for which such courts were estab- lished (Rockwell V. Raymond, 5 1^. Y. Supp. 642); legislature may prescribe the jurisdiction. (Connors v. Hilton, 66 How. Pr. 144.) Act giving exclusive jurisdiction to couits of special sessions is valid. Juris- diction is not exclusive unless specified. (People v. Austin, 49 Hun, 396.) Justices of the peace in Rochester possessing no criminal jurisdiction are Inferior local courts and may be abolished (People, ex rel. v. Common Council of Rochester, 11 Hun, 241). (As to municipal court of Syracuse, see Curtin v. Barton, 189 N. Y. 505.) The only limitation upon the jurisdiction of new magistrates created under this provision is that it be local and inferior. (Brandon v. Avery, 22 N. Y. 469.) The jurisdiction of a local court must be exercised within the locaUty, and its process cannot be executed outside of it. (Geraty v. Reid, 78 N. Y. 65; Hoag V. Lament, 60 Id. 96; Connor v. Hilton, 66 How. Pr. 144.) 184 New Yoek State Constitution of 1894:. Clerks of courts.— § 1 9. Clerks of the several counties shall be clerks of the Supreme Court, with such powers and duties as shall be prescribed by law. The Justices of the Appellate Division in each department shall have power to appoint and to remove a clerk, who shall keep his office at a place to be designated by said Justices. The Clerk of the Court of Appeals shall keep his office at the seat of government. The Clerk of the Court of Appeals and the clerks of the Appellate Division shall receive compensation to be established by law and paid out of the public treasury. [Section 20 of article VI of the amended constitution "of 1846, amended, Tlie clerlt of appel- late division is a new ufflce.] No judicial officer, except justice of the peace, to receive fees ; not to act as attorney or counselor. — § 20. No judicial officer, except Justices of the Peace, snail receive to his own use any fees or perquisites of office; nor shall any Judge of the Court of Appeals, or Justice of the Supreme Court, or any County Judge or Surrogate hereafter elected in a county having a population exceeding one hundred and twenty thousand, practice as an attorney or counselor in any court of record in this State, or act as referee. The Legislature may impose a similar prohibition upon County Judges and Surrogates in other counties. No one shall be eligible to the office of Judge of the Court of Appeals, Justice of the Supreme Court, or, except in the county of Hamilton, to the office of County Judge or Surrogate, who is not an attorney and counselor of this State. [This section contains the provisions o section 21 of article VI of the amended constitution of 1846. The remainder of the section is new.] Publication of statutes. — § 21. The Legislature shall provide for the speedy publication of all statutes, and shall regulate the reporting of the decisions of the courts; but all laws and judicial decisions shall be free for publication by any person. [Section 23 of article VI of the amended constitution of 1846, amended.] Terms of office of present justices of the peace and local judicial officers.— § 22. Justices of the Peace and other local judicial officers provided for in sections seventeen and eighteen, in office when this article takes effect, shall hold their offices until the expiration of their respective terms. [Section 25 of article VI of the amended constitution of 1846, amended ] Courts of special sessions.— § 23. Courts of Special Sessions shall have such jurisdiction of offenses of the grade of misdemeanors as may be prescribed by law. [Section 86 of article VI of the amended constitution of 1846, without change] Section is not limited to offenses of the grade specified created by statute after the adoption of such section. (People, ex rel. v. Dutoher 83 N. Y. 240.) ' Kew Tobk State Constitution of 1894. 185 ARTICLE VII. State credit not to be given. — Section 1. The credit of the State shall not in any manner be given or loaned to or in aid of any individ- ual, association or corporation. [Section 9 of article VII of the amended constitution of 1846, without change.] The legislature may require insurance companieB to deposit a fund with the state insurance department. (Attorney-General v. North Am. Life Ins. Co., 82 N. Y. 173.) State debts, power to contract. — § 2. The State may, to meet casual deficits or failures in revenues, or for expenses not provided for, con- tract debts; but such debts, direct or contingent, singly or in the aggregate, shall not at any time exceed one million of dollars; and the moneys arising from the loans creating such debts shall be applied to the purpose for which they were obtained, or to repay the debt so contracted, and to no other purpose whatever. [Section 10 of article VII of the amended constitution of 1846, without change.] Neither the legislature or any state department can create a debt or incur an obligation for or in behalf of the state, except as to the amount and in the manner provided by the constitution. (People, ex rel. v. Supervisors of Kings Co., 53 N. Y. 556, 563.) State debts to repel invasions. — § 3. In addition to the above limited power to contract debts, the State may contract debts to repel inva- sion, suppress insurrection, or defend the State in war; but the money arising from the contracting of such debts shall be applied to the pur- pose for which it was raised, or to repay such debts, and to no other purpose whatever. [Section 11 of article YII of the amended constitution of 1846, without change.] Limitation of legislative power to create debts. — § 4. Except the debts specified in sections two and three of this article, no debts shall be hereafter contracted by or on behalf of this State, unless such debt shall be authorized by a law, for some single work or object, to be distinctly specified therein ; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufli- cient to pay, the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within eighteen years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it at such election. On the final passage of such bill in either house of the Legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be: "Shall this bill pass, and ought the same to receive the sanction of the people ? " The Legislature may at any time, after the approval of such law by the people, if no debt "shall have been contracted in pursuance thereof, repeal the same; and may at any time, by law, forbid the contracting of any further debt or liability under such law; but the tax imposed 24 -7 186 New Yoek State Constitution of 1894. by such act, in proportion to the debt and liability which may have been contracted, in pursuance of such law, shall remain in force and be irrepealable, and be annually collected, until the proceeds thereof shall have made the provision hereinbefore specified to pay and discharge the interest and principal of such debt and liability. The money arising from any loan or stock creating such debt or liability shall be applied to the work or object specified in the act authorizing such debt or liability, or for the repayment of such debt or liability, and for no other purpose whatever. No such law shall be submitted to be voted on, within three months after its passage, or at any general election when any other law, or any bill, or any amendment to the Con- stitution, shall be submitted to be voted for or against. [Section Zot article Vil of tlie ameaded coaatitution of 1846, amended by striking the words "tlie tentli and eleventh sections "and inserting the words "sections two and three." ] The canal law of 1851 authorizing the raising of a loan to the state on cer- tificates pledging the canal revenues for payment of principal and interest, and excluding in terms any other liability on the part of the state than that contained in the statute, with the provision that the state shall not be liable, in any event, to make up any deficiency in the revenues, or to redeem the certificates, and that the certificates should in no event or contingency be so construed as to create a debt or liability of the state, is repugnant to this section. (People v. Newell, 7 N. Y. 9.) The act of 1873, chapter 700, authorizing, subject to the approval of the people at the next general election, the creation of a debt for purposes therein named, violates this section in providing for the creation of a debt for many different objects. (People, ex rel. Hopkins, v. Board of Supervisors of Kings Co.,52N. Y. 5-56.) This section only relates to state finances and taxes, and not to taxes for municipal improvements. (People, ex rel. v. Havemeyer, 3 Hun, 97; People V. Supervisors of Chenango, 8 N. Y. 317; Darlington v. Mayor of N. Y., 31 id. 164.) And, therefore, the legislature may direct the issue of town bonds to defray the expense of constructing highways therein without the consent of the inhabitants of such town. (People, ex rel. v. Flagg, 46 id. 401 .) Sinking fund, how kept and invested. — § 5. The sinking funds pro- vided for the payment of interest and th% extinguishment of the prin- cipal of the debts of the State shall be separately kept and safely invested, and neither of them shall be appropriated or used in any manner pther than for the specific purpose for which it shall have been provided. [Section 18 of article VII of the amended constitution of 1846, without change,] Claims barred by statute of limitations. — § 6 . Neither the Legisla- ture, canal board, nor any person or persons acting in behalf of the State, shall audit, allow or pay any claim which, as between citizens of the State, would be barred by lapse of time. This provision shall not be construed to repeal any statute fixing the time within which claims shall be presented or allowed, nor shall it extend to any claim duly presented within the time allowed by law, and prosecuted with due diligence from the time of such presentment. But if the claimant shall be under legal disability, the claim may be presented within two years after such disability is romoved. [Section 14 of article VU of the amended constitution of 1846, amended by strikine out cer- tain proTisions probably deemed obsolete.] ' ^^* New Toek State Constitution of 1894. 187 Under this section it is not necessary to avoid the limitations to show that presentation has been made to the board of audit or its successor, the board of claims. Presentment to the legislature or to any officer or body having jurisdiction to pay, aUow or act upon the claim is suflB.cient, if after such presentation the same has been prosecuted with reasonable diligence. (Corkings v. State, 99 N. Y. 491.) This does not apply to a claim for services and materials furnished state ofl&cers, which is not enforceable in any tribunal until it receives recognition from the legislature, and the limitation does not begin to run until the enabling act has been passed. (O'Hara v. State of N. Y., 113 N. Y. 146.) Where a meritorious claim against the state was barred at the time of its submission to the board of claims by the intervention of the general statute of limitations, the legislature cannot confer power upon the board of claims to allow or pass upon such claim. (Gates v. State, 138 N. Y. 331.) The legislature has the right to enlarge the time in which a claim in any particular case may be filed, provided it does not itself audit or permit any other body to audit or allow a claim which, as between citizens, is outlawed. (Parmenter v. State, 135 N. Y. 154, citing Cole v. State, 103 id. 48, 53.) Such limitation can only be said to run against the claimant during the time which he would have been authorized to present his claim before some tribunal qualified to hear and determine his claim by an act of the legislature. (Parmenter V. State, 135 N. Y. 154.) Forest preserve. — § 7. The lands of the State, now owned or here- after acquired, constituting the forest preserve as now fixed by law, shall be'forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, ^ nor shall the timber thereon be sold, removed or destroyed. [New.] Canals, not to be sold ; not applied to certain canals ; disposition of funds.— § 8. The Legislature shall not sell, lease or otherwise dispose of the Erie canal, the Oswego canal, the Ohamplain canal, the Cayuga and Seneca canal, or the Black River canal; but they shall remain the property of the State and under its management forever. The pro- hibition of lease, sale or other disposition herein contained, shall not apply to the canal known as the Main and Hamburg street canal, situated in the city of Bu^alo, and which extends easterly from the westerly line of Main street to the westerly line of Hamburg street. All funds that may be derived from any lease, sale or other disposition of any canal shall be applied to the improvement, superintendence or (repair of the remaining portion of the canals. [Section 6 of article VII of the amended constitution of 1816, amended.] ; Under this section the legislature cannot authorize the imposition of a tax or assessment upon lands of a canal by a municipal corporation which may result in its being sold or leased . (Elwood v . City of Rochester, 43 Hun, 103 . ) This section does not affect the sale of abandoned canals. (People v. Stephens. 13 Hun, 17; De Witt v. E. T. E. Co., 134 N. Y. 495; Eldridge v. City of Binghamton, 130 id. 309, 315.) No citizen can acquire the prescriptive ri^ht to use the waters of the canals (Burbank V. Fay, 5Lans. 397); but the legislature may authorize the use of surplus waters of canal feeders. (Comstock v. City of Syracuse, 5 N.Y. Supp. 874; Sweet v. City of Syracuse, 139 N. Y. 316.) No tolls to be imposed; contracts for work and materials; no extra com- pensation. —§ 9. No tolls shall hereafter be imposed on persons or property transported on the canals, but all boats navigating the canals, 188 New Toek State Constitution of 1894. and the owners and masters thereof, shall be subject to such laws and regulations as have been or may hereafter be enacted concerning the navigation of the canals. The Legislature shall annually, by equitable taxes, make provision for the expenses of the superintendence and repairs of the canals. All contracts for work or materials on any canal shall be made with the persons who shall offer to do or provide the same at the lowest price, with adequate security for their performance. No extra compensation shall be made to any contractor ; but if, from any unforeseen cause, the terms of any contract shall prove to be unjust and oppressive, the canal board may, upon the application of the con- tractor, cancel such contract. [Section 3 of article VII of the amended constitution of 1846, amended by striking out certain obsolete provisions relating to the *' canal debt sinking fund."] A discretionary power is vested in the oflScers authorized to award a con- tract, to determine who is the "lowest bidder" and what is "adequate security." This provision should be applied according to its spirit and not 'literally. (People, ex rel. v. Fay, 3 Lans. 398; People v. Contracting Board, 37 N. Y.378.) The canal board cannot, after a contract has been awarded, increase the price of work and materials to be subsequently done or provided under such contract, even if authorized by the legislature. (People, ex rel. v. Canal Board, 4 Lans. 372.) This section secures to the state a contract at the lowest prices bid, with security for its performance and the power of enforcing it against the con- tractor and sureties; the power of modifying such contract, or making further allowances by way of increasing prices or otherwise, has always resided in the legislature, and the provisions of this section do not interfere therewith. (People, ex rel. v. Dayton, 55 N. Y. 367.) There is no restriction upon the legislature's relieving a contractor from the effect of a hard bargain. (People, ex rel. v. Densmore, 1 Sup. Ct. FT. &C.], 280.) The last sentence in this section was first adopted as an amendment to this section in November, 1874, and the cases here cited, relating to the additional compensation,wWe decided prior to the adoption thereof, and may be affected by such amendment. Canal improvement, and cost thereof. — § 10. The canals may be im- proved in such manner as the Legislature shall provide by law. A dtebt may be authorized for that purpose in the mode prescribed by section four of this article, or the cost of such improvement may be defrayed by the appropriation of funds from the state treasury, or by equitable annual tax. [New.] ARTICLE YIII. Corporations, formation of.— Sbction 1. Corporations maybe formed under general laws; but shall not be created by special act, except for municipal purposes, and in cases where, in the Judgment of the Legis- lature, the objects of the corporation cannot be attained under general laws. All general laws and special acts passed pursuant to this sec- tion may be altered from time to time or repealed. [Section 1 of article VIII of the amended constitution of 1846, without change.] The provision of this section is permissive not mandatory. (Matter of Tax- payers of Kingston, 40 How. Pr. 444.) An act reorganizing an old corporation is not within this section (IMosher V. Hilton, 15 Barb. 657); nor an act remadying a technical defect in the New Yobk State Constitution of 1894. 189 organization (Syracuse City Bank v. Davis, 16 id. 188) ; nor an act regulating an existing corporation. (Attorney-General v. North Am. Life Ins. Co., 83 N. Y. 173.) A special act for incorporation is not violative of this section by reason of the existence of a general law. Whether an act is necessary or not is in the discretion of the legislature. (People v. Bowen, 21 N. Y. 517.) The legislature may by special act impose such conditions, restrictions and burdens upon railroad corporations as the public good requires. (People, ex rel. v. Boston & Albany R. R. Co., 70 N. Y. 569.; The legislature may pass a special act requiring a railroad corporation organized under the general railroad act to pay a tax upon gross receipts instead of a license fee as before prescribed . Such act may be deemed an amendment of the charter of the canipany, and so within the power reserved to the legislature by this section. (Mayor v. Twenty-third Street R. R. Co., 118 N. Y. 311.) Under such reserved power the legislature cannot deprive a corporation of its property, or interfere with or annul its contract with third persons. (Id., citing People v. O'Brien, 111 N. Y. 1. See People, ex rel. Gage, v.JLohnas, 54 Hun, 604; People v. O'Brien, 111 N. Y. 3; Booth v. R., W. & O. T. R. R. Co., 44 State Rep. 9, 11.) Dues of corporations. — § 2. Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law. [Section 2 of article Vin of the amended constitution of 1846, without change.] This does not include "dues" to directors. (McDowall v. Sheehan, 139 N. Y. 200.) Corporation, definition of term. — § 3. The term corporations as used in this article shall be construed to include all associations and joint- stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue and shall be subject to be sued in all courts in like oases as natural persons. [Section 3 of article VIII of the amended constitution of 1846, without change.] The provision that corporations shall be subject to be used in like cases as natural persons, is an enabling, and not a restricting one, and summary pro- ceedings to enforce a liability are valid. (Matter of Empire City Bank, 18 N. Y. 179.) , . -u This provision was intended to confer on corporations the capacity to be sued, not to define cases in which suits may be maintained against them. (Grayv. City of Brooklyn, 10 Abb. [N. S.] 186; Van Vranken v. City of Schenectady, 81 Hun, 516.) . ... A provision in a corporate charter that "all applications for injunctions shall be made only to the supreme court is void, being a violation of this section. (Story v. N. Y. Elevated R. R. Co., 3 Abb. N. C. 478.) A statute requiring a notice before an action can be maintained against a municipal corporation because of personal injuries received from defective sidewalks is constitutional. (Smith v. City of Rochester, 46 State Rep. 727, citing McNally v. City of Cohoes, 127 N. Y. 350.) As to liabiUty of joint stock associations to taxation under statutes taxing corporations, see People, ex rel., Piatt v. Wemple, 117 N. J. 136; citing Waterbury v. Merchants' Union Express Company, 50 Barb. 158; Westcott v. Fargo, 6 Lans. 819; People, ex rel., Winchester v. Coleman, 183 N. Y. 379. Savings bank charters ; restrictions upon trustees ; special charters not to be granted.— § 4. The Legislature shall, by general law, conform 190 New Yoek State Constitution of 1894. all charters of savings banks, or institutions for savings, to a uniformity of powers, rights and liabilities, and all charters hereafter granted for such corporations shall be made to conform to such general law, and to such amendments as may be made thereto. And no such corporation shall have any capital stock, nor shall the trustees thereof, or any of them, have any interest whatever, direct or indirect, in the profits of such corporation; and no director or trustee of any such bank or insti- tution shall be interested in any loan or use of any money or property of such bank or institution for savings. The Legislature shall have no power to pass any act granting any special charter for banking pur- poses; but corporations or associations may be formed for such purposes under general laws. [Section 4 of article VIII of the amended constitution of 1846, without change.] The provision relating to the granting of " special charters for banking pur- poses " relates to banking business that might be carried on at the time of the adoption of the provision in ltf46, as authorized by the banking act, passed April 18, 1^38; and, therefore, a special charter granted to the United States Deposit Company is valid. (United States Deposit Co. v. Brady, 20 Barb. 119; Pardee v. Fish, 60 N. Y. 265.) Specie payment — § 5. The Legislature shall have no power to pass any law sanctioning in any manner, directly or indirectly, the suspen- sion of specie payments, by any person, association or coi-poration, issuing bank notes of any description. [Section 5 of article VIII of the amended constitution of 1846, without'change.l Registry of bills or notes. — § 6. The Legislature shall provide by law for the registry of all bills or notes, issued or put in circulation as money, and shall require ample security for the redemption of the same in specie. [Section 6 of article VIII of the amended constitution of 1846, without change.] Liability of stockholders of banks. — § 7. The stockholders of every corporation and joint-stock association for banking purposes, shall be individually responsible to the amount of their respective share or shares of stock in any such corporation or association, for all its debts and liabilities of every kind. [Section 1 of article VIII of the amended constitution of 1816, amended.] This section applies to banks chartered before the constitution of 1846. (Matter of Reciprocity Bank, 17 How. Pr. 323.) > The liability of a stockholder under this section is not|limited to the amount of capital stock which he has agreed to pay, but it extenSs to an amount equal to the stock held by him and additional thereto. (Matter of Empire City Bank, 18 N. Y. 179; Briggs v. Penniman, 8 Cow. 387.) Billholders of insolvent bank, preferred creditors.— § 8. In case of the insolvency of any bank .or banking association, the billholders thereof shall be entitled to preference in payment, overall other credit- ors of such bank or association. [Sectioi ? of article VIII>f th9 amended oonatltutloa of 1846, wlthont change,] New Tobk State CoHSTmiTioN of 1894. 191 Credit or money of the state not to be given. — § 9. Neither the credit nor the money of the State shall be given or loaned to or in aid of any association, corporation or private undertaking. This section shall not, however, prevent the Legislature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper. Nor shall it apply to any fund or property now held, or which may hereafter be held, by the State for educational purposes. [Section 10 of article VIII of the amended constitution of ;1818, without change.] This provision has reference to moneys raised by taxation throughout the state and paid out of the state treasury, and does not prevent the legislature from authorizing a board of supervisors to impose a tax for the relief of poor through the instrumentality of a charitable institution. (Shepherd's Fold v. Mayor, etc., of New York, 96 N. Y. 137 ; White v. The Inebriates' Home for Kings Co., 141 id. 123.) Counties, cities and towns not to give or loan money or credit; lim- \ itation of indebtedness.— § 10. No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any associa- tion or corporation ; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes. This section shall not prevent such coun^, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. No county or city shall be allowed to become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment-rolls of said county or city on the last assessment for state or county taxes prior to the incurring" of such indebtedness; and all indebtedness in excess of such limitation, except such as may now exist, shall be absolutely void, except as herein otherwise provided. No county or city whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually conta,ined, or to be con- tained in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water; but the term of the bonds issued to provide the supply of water shall not exceed twenty years, and a sink- ing fund shall be created on the issuing of the said bonds for their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any debt hereafter incurred by any portion or 192 New Tohk State CoNSTTTurroN of 1894. part of a city, if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise indebted. Whenever hereafter the boundaries of any city shall become the same as thost) of a county, the power of the county to become indebted shall cease, but the debt of the county at that time existing shall not be included as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants, or any such city of this State, in addition to providing for the principal and interest of existing debt, shall rot in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt. [Section 11 of article V^ll of tbe amended constitution of 1846, amended. The most important chaqges are: (1) applying the limitation of indebtedness to all cities and countiesf (ji) providing that certificates or bonds isi-ued in anticipation of the collection of taxes, not retired within five years, water bonds, and debts incurred by a part of a citj shall be included in ascertaining the power to contract further indebtedness; and (3) providing that power of a county to contract a debt shall cease when the boundaries of county and city shall become the same.] The legislature has power to compel a town to pay bonds issued for a local improvement, although the statute under vrhich they were issued is uncon- stitutional. (Knapp V. Town of Newton, 1 Hun, 86b; Town of Cherry Creek V. Becker, 123 N. Y. 161.) This section does not prohibit the legislature from enacting a statute author- izing two cities to construct apublic bridge connecting them. (People, exrel. Y. Kelly , •76 N. Y. 475.) An issue ot bonde to raise money to make immediate payment for local im- provements, to be reimbursed by a subsequent assesEment on the landowners benefited is not a leaning of city "crtdit or money" within the prohibition of this section. (People, ex rel. v. Banks, 67 N. Y. 568.) The caring for the poor of a city through the instrumentality of a private corporation is not prohibited by this section, and is not a gift of city money. (The Shepherd's Fold v. Mayor of N. Y., 96 N. Y. 137.) And an act pro- viding that a part of city excise money be paid to the use of an inebriate asylum for the care of the inebriates of a certain Iccality is making a pro- vision for the support of the poor. (White v. The Inebriate Home for Kings Co., 141 id. 123.) The creation of a liability on towns for damages occasioned by defective highways and bridges is not a gift of the money or property of the towns to or in aid of an individual within the meaning of this section. (BidweU v Town of Murray, 40 Hun, 190.) An act authorizing a town holding railroad bonds to exchange them for common stock in the same railroad is unconstitutional. (Town of Wheat- land V. Taylor, 29 Hun, 70.) The creation of a debt for the purchase of lands outside the city limits for a park, is for a "city purpose," and therefore valid . (Matter of Mayor, etc., of New York, 99 N. Y. 569.) And tbe creation of a debt for the construction and operation of an electrii light system by a city for its own and the use of its inhabitants is for f "city purpose." (Heqi-embourg v. City of Dunkirk, 49 Hun, 550.) J Municipalities have the right to compromise a claim which they disput^, but which in the end they deem wise and prudent to acknowledge in nart! (Hills V. Peekskill Savings Bank, 101 N. Y. 490.) ^ . Stocks and bonds created by the city of New York and held by the con^- missioners of the sinking fund are not debts to be met in the future by taxation, and are not such debts as the municipality can be called upon to pay. (Bank for Savings in New York City v. Grace, K)2 N. Y. 313.) The issue of bonds by a city for a water supply is for a "city purpose," and therefore not within the prohibition of this section. (Sweet v Citv of ' Syracuse, 129 N. Y. 316.) ■ y " Nbw Toek State Constitution of 1894. 193 This section only imposes a limitation upon water bonds, the issue of- which passes the hmit of indebtedness, and water bonds issued within such limit may be made to run for a longer period than twenty years. (City of Rochester v. Quintard, 136 N. Y. 231 .) -' In determining the limit of indebtedness, the valuation of real estate in the city and county is to be taken diHtdbutively and not collectively. (Adams V. East River Savings Inst., 136 N. Y. 53.) State board of charities ; state commission in lunacy ; state commis- sion of prisons. — § 11. The Legislature shall provide for a state board of charities, which shall visit and inspect all institutions, whether state, county, municipal, incorporated or not incorporated, which are of a charitable, >'leemosynary, correctional or reformatory character, except- ing only such institutions as are hereby made subject to the visitation and inspection of either of the commissions hereinafter mentioned, but including all reformatories except th )t-e in which adult males convicted of felony shall be confined; a state commission in lunacy, which shall visit and inspect all institutions,, either public or pri\ ate, used for the care and treatment of the insane (not includinfr institutions for epilep- tics or idiots); a state commission of prisons which shall visii and in- spect all institutions used for the detention of sane adults charged with or convicted of crime, or detained as witnesses or debtors. [New. Por act« creattiiR prespnt state board of charities, s«e L. '867, chap. 951; L. 1878, chap 671, and 8 8, chap. 61; R. 8., 8th ed , pp 2137-46. For acts rplatlig to the present state commission in lunacy, see L. 1889, chap. S63, as amended bjr L. 1890, chap. 273; B. S., 8th ed. (Supp.), 8486.] Boards appointed by governor.— § 12. The members of the said board and of the sai I commissions shall be appointed by the Governor, by and with the advice and consent of the Senate ; and any member may be removed from office by the Governor for cause, an opportunity having been given him to be heard in his defense. [New.] Existing laws to remain in force.— § 13. Existing laws relating to institutions referred to in the foregoing sections and to their super- vision and inspection, in so far as such laws are not inconsistent with the provisions of the Constitution, shall remain in force until amended or repealed by the Legislature. The visitation and inspection herein provided for shall not be exclusive of other visitation and inspection now authorized by law . [New.] maintenance and support of inmates of charitable institutions. — § 14. Nothing in this Constitution contained shall prevent the Legislature from making such provision for the education and support of the blind, the deaf and dumh, and juvenile delinquents, as to it may seem proper; or pre- " vent any county, city, town or village from providing for the care, sup- port, maintenance and secular education, of inmates of orphan asylums, homes for dependent children or correctional institutions, whether under public or private control. Payments by counties, cities, towns and vil- lages to charitable, eleemosynary, correctional and reformatory institu- tions, wholly or partly under private control, for care, support and main- tenance, may be authorized, but shall not be required by the Legislature. 25 194 New Toek State Constitution of 1894. No such payments shall be made for any inmate of such institutions who is not received and retained therein pursuant to rules established by the state board of charities. Such rules shall be subject to the con- trol of the Legislature by general laws. [New.] Oommissioners continued in offloe. — §15. Commissioners of the state board of charities and commissioners of the state commission in lunacy, now holding office shall be continued in office for the term for which they were appointed, respectively, unless the Legislature shall otherwise provide. The legislature may confer upon the commissions/ and upon the board mentioned in the foregoing sections any additional powers that are not inconsistent with other provisions of the Constitution. [New.] ARTICLE IX. Common schools. — Section 1. The Legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this State may be educated. [New.] Regents of the university.— § 2. The corporation created in the year one thousand seven hundred and eighty-four, under the name of The Regents of the University of the State of New York, is hereby continued under the name of The University of the State of New York. It shall be governed and its corporate powers, which may be increased, modi- fied or diminished by the Legislature, shall be exercised, by not less than nine regents. [New.] Common school, literature and the XTnited States deposit funds.— § 3. The capital of the common school fund, the capital'of the literature fund, and the capital of the United States deposit fund, shall be respectively preserved inviolate. The revenue of the said common school fund shall be applied to the support of commoiT schools; the revenue of the said literature fund shall be applied to the support~of academies; and the sum of twenty-five thousand dollars of the revenues of the United States deposit fund shall each year be appropriated to and made part of the capital of the said common school fund. [Section 1 of article IX of the amended constitution of 184S,'without change.] A statute authorizing an orphan asylum to share in the common school fund would be in violation of this section. (People, ex rel. v. Board of Education. 18 Barb. 400.) The manner of the disposition of the common school fund is left to the legislature. (Dallas v. Fosdiok, 40 How. Pr. 249, 253.) But the legislature cannot appropriate therefrom for the construction of an astronomical observa- tory (People, ex rel. v. Allen, 42 N. Y. 404); nor for the benefit of a normal school. (Grordon v. Comes, 47 id. 608.) The words " common schools" as used in this spction mean such schools as are open to all, and not conflaed to any class. (People v. Board of Education, 13 Barb. 400: People, ex rel. v. Crissley, 45 Hun, 19.) New Toek State Constituiion of 1894. 196 Noaid to denominational schools. — § 4. Neither the State nor any subdivision thereof, shall use its property or credit or any public money, or authorize or permit either to be used, directly or indirectly, in aid or maintenance, other than for examination or inspection, of any school or institution of learning wholly or in part under the control or direction of any religious denomination, or in which any denominational tenet or doctrine is taught. [New.] ARTICLE X. Sheriffs, clerks of counties, district attorneys and regfisters ; governor may remove. — Sbction 1. Sheriffs, clerks of counties, district attorneys and registers in counties having registers, shall be chosen by the electors of the respective counties, once in every three years and as often as vacancies shall happen, except in the counties of New York and Kings, and in counties whose boundaries are the same as those of a city, where such officers shall be chosen by the electors once in every two or four years as the Legislature shall direct. Sheriffs shall hold no other office and be ineligible for the next term after the termination of their offices. They may be required by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed Vacant. But the county shall never be made responsible for the acts of the sheriff. The Governor may remove any officer, in this section mentioned, within the term for which he shall have been elected; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense. [Section 1 of article X of the amended conBtitution of 1846, amended. The reference to "coroners^^ in omitted; therefore, that office ceases to be a constitutional one and may be abolished by the legislature. The provision that in counties whose boundaries are the same as cities, these officers shall be elected for two or four years as the legislature shall direct, is new,] Officers elected to flU vacancies serve for the full term of three years. (Peo pie V. Green, 2 Wend. 366; Coutant v. People, 11 id. 511.) Where the constitution provides for the appointment of an officer in a par- ticular manner the legislature has no power to create a new officer to perform the same duties, or the principal part of the same duties. (Warner v. People, 2 Denio, 372.) An act depriving the sheriff of the custody and control of the jail and the prisoners therein deprived him of common law powers and duties pertaining to his office prior to the adoption of this section and is unconstitutional. (People, ex rel. v. Keeler, 39 Hun, 175.) An act making counties liable for damages caused by mobs and riots is not in conflict with the provision that counties shall not be made Uable for acts of sheriff. (JMoodyv. Supervisors, 46 Barb. 659.) Appointment or election of officers, not provided for by this constitu- tion.— §2. All county officers, whose elfCtion or appointment is not provided for by this Constitution, shall be elected by the electors of the respective counties or appointed by the boards of supervisors, or other county authorities, as th^ Legislature shall direct. AH city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, townsand villages, or of some division tliereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose. All other officers, whose election or appointment is not provided for by this Con' 196 New Yobk State Constitution of 1894. stitution, and all officers, whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may - direct. [Section 8 of article X of the amended constitution of 1846, without change.] The reservation to the electors or local authorities to elect or appoint county, city, town and village officers relates only to such officers as existed at the time of the adoption of the constitution. (People, ex rel. v. Draper, 15, N. Y. 53S; People v. Pinckney, 33 id. 377; Fire Department v. Steamship Co. 106 id. 566.) Firemen in cities and villag:es are not civil and public officers within the pro- visions of this section. (People v. Pinckney, 32 N. Y. 377.) Office of commissioners of taxes in city of New York, comprised functions of office existing at the time of adoption of the constitution and cannot be filled by appointment of the governor. (People v. Raymond, 37 N. Y. 428.) This constitutional right of local self-government cannot be evaded by a change in the name of an office, nor can an office be divided and the duties assigned to two or more officers of different names. (People, ex rel. v. Albertson, 55 N. Y. 50.) Office of commissioner of records in city of New York does not supersede or interfere with that of register and is a new office. (People, ex rel. v. Palmer, 52N. Y. 83.) Act of legislature extending terms of town collectors then in office, is an attempted exercise of the power of appointment and is unconstitutional. (People, ex rel. v. McKinney, 52 N. Y. 374; People, ex rel. v. Crooks, 53 id. 648.) Act extending the jurisdiction of park commissioners of New York city over land in Westchester authorized to be acquired by it is not violative of this section. (Matter of Application of Mayor, etc., of New York, 99 N. Y. 569.) Legislature can clothe officers appointed by it for the purpose of carrying out a public improvement with power to perform acts which at the time of the adoption of the constitution was vested in local officers elected by the people, if such acts had special relation to such improvement. (Astor v. Mayor, etc., 68 N. Y. 567. And see also Fire Department v. Steamship Co., 106 id. 566, 577.) And so the legislature may provide for the widening of a street in a village bv the appointment of commissioners. (People, ex rel. v. McDonald, 69 N. Y. 363; Hanlon v. Supervisors, 57 Barb. 397.) The provisions of this section include superintendents of the poor, and the legislature may direct that vacancies in such office be filled by boards of supervisors. (People, ex rel. v. Comstock, 78 N. Y. 356; People, ex rel. v. Clute, 50 id. 451.459.) The office of health officer of the port of New York is not a county or city officer, and the governor may appoint. (In Matter of Whiting, 3 Barb. 513.) A commissioner of loans was a county officer at the time of the adoption of the constitution of 1846, and the governor cannot appoint. This does not refer to United States loan commissioners. (Matter of Carpenter, 7 Barb. 30.) President pro tempore of board of supervisors is a county authority, and an act authorizing him to appoint commissioners is constitutional, (ikatter of Carboy, 37 Hun, 82.) An act creating a board of water commissioners is constitutional as creating new offices, the duties of which had not devolved upon other officers. (Hequembourg v. Dunkirk, 49 Hun, 650.) Act vesting appointment of tax commissioners in city of New York upon governors was declared unconstitutional. (People v. Raymond, 37 N. Y. 438.) An act providing for the appointment of pilot commissioners by the Chamber of Commerce and the presidents of the marine insurance companies is within the provisions of this section relating to the appointment of officers created by the legislature and is valid. (Sturgis v. Spoflord, 45 N. Y. 446.) An act directing that regulations of mayor for admission into the civil ser- vice of a city be submitted to the state board of civil service commissioners for their approval, does not interfere with the general powers of the local authorities to appoint. (Rogers v. Common Council of Buffalo, 133 N. Y. 173.) New Toek State Constitution of 1894. 19Y Where a new town is created out of an old one, an act providing that the oflScers of the old shall act as the officers of the new town until the next elec- tion is conBtitutional. (People, ex rel. v. Hayt, 7 Hun, 39.) An act transferring power from one local board to another is not contrary to this section. (Matter of Lester, 21 Hun, 130.) _ The provisions of this section relate to villages incorporated since the adop- tion of the constitution of 184fii and the part of an act naming village officers would be unconstitutional. (People v. Blake, 49 Barb. 9.) Trustees of school districts are not "county, city, town or village" officers, within the provisions of this section. (People, ex rel. v. Bennett, 54 Barb. 480.) The office of school commissioner is created by law, and made elective by the direction of the legislature according to thejalternative provided by this section, and an act permitting women to vote for a person to fill such office is unconstitutional. (Matter of Gage, 141 N. Y. 112.) Duration of term. — § 3. When the duration of any office is not pro- vided by this Constitution it may be declared by law, and if not so declared, such office shall be held during the pleasure of the authority making the appointment. [Sectlon^S of article X of the amended conBtitatlon of 1846, irithout change.] When the duration is once declared by law the legislature cannot extend the term of the office so as to affect the present incumbent. (People, eas reZ. v. Bull, 46 N. Y. 57.) ' Legislature may abridge the term of office either by express words or may specify an event upon the happening of which it shall end. (People, ex rel. v. Whitlock, 93 N. Y. 191.) When the power of appointment is conferred in general terms and with- out restriction the office is held only during the pleasure of the authority making the appointment. (People, ex rel. v. Robb, 126 N. Y. 180 ) The provision that "such office shaU be held during the pleasure of the authority making the appointment" applies only to an office that is con- tinuous. (Bergen v. Powell, 94 N. Y. 591.) Time of election.— § 4. The time of electing all officers named in this article shall be prescribed by law. [Section 4 of article X of the amended constitution of 1848, without change.] Vacancies in offices, how filled.— § 5. The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy. [Section B of article X of the amended constitution of 1846, without change.] This section relates only to offices which are certain and fixed as elective offices, not of those which may become so by act of legislature, and therefore does not refer to superintendents of the poor. (People, ex rel. v. Comstock, 78 N. Y. 356. And see also People, ex rel. v. Townsend, 103 id. 480, 439.) A construction of the provisions of this section is contained in People v. Keeler, 17 N. Y. 370.) Politicat year. — § 6. The political year and legislative term shall begin on the first day of January; and the Legislature shall, every year, assemble on the first Wednesday in January. [Section 6 of article X of the amended constitution of|1846, amended. The time of the assem- bling of the legislatiu-e is changed and made absolute.] 198 New Toek State Constitution or 1894. (For an interpretation of this section, see People v. Supervisors of Monroe Couaty, 65 Hun, 363, aSl.) Removal from ofiace for misconduct, etc. — § 1. Provision shall be made bylaw for the removal for misooiiduut or malversation in office of ' all officers, except judicial, whose powers and duties are not local or legislative and who shall be elected at- general elections, and also for supplying vacancies created by such removal. [Section 7 of article X of the amei ded constitut'on of 1846, without change.] OfB.ce deemed vacant. — § 8. The Lecislature may declare the cases in which any office shall be deemed vacant when no provision is made for that purpose in this constitution. [Section 8 of article X of the amended constitution of 1846, without change.] Compensation of ofiacers. — § 9. No officer whose salary is fixed by the Constitution shall receive any additional compensation. Each of the other state officers named in the Constitution shall, during his continu- ance in office, receive a compensation, to be fixed by law, which shall not be increased or dioiinished during the term for which be shall have been elected or appointed ; nor shall he receive to his use any fees or perquisites of office as other compensation. [Section 9 of article X of the amended constitution of 1846, without change.] As to meaning of word compensation as distinguished from " allowances.'' (Mangam v. City of Brooklyn, 98 N. Y. 585, 598.) ARTICLE XL State militia. — Section 1. All able-bodied male citizens between the ages of eighteen and forty-five years, who are residents of the State, shall constitute the militia, subject however, to such exemptions as are now, or may be hereafter created by the laws of the United States, or by the Legislature of this State. [Section 1 of article II of the amended constitution of 1846, amended.] Enlistment. — § 2. The Legislature may provide for the enlistment into the active force of such other persons as may make application to be so enlisted. [This provision is not contained in the amended constitution of 1846, although this power wag impliedly granted therein.] Organization of militia.— § 3. The militia shall be organized and divided into such land and naval, and active and reserve forces as the Legislature may deem proper, provided however that there shall be maintained at all times a force of not less than ten thousand enlisted men, fully uniformed, armed, equipped, disciplined and ready for active service. And it shall be the duty of the Legislature at each session to make sufficient appropriationsf or the maintenance -thereof. [New ii? terms.] Courts-martial are necessary incidents to the " discipline " of the state militia. (People, ex rel. v. Daniell, 50 N. Y. 374.) New Toee State Constitution or 1894. 199 Appointment of military officers by the governor.— § 4. The Gov- ernor shall appoint the chiefs of the several staff departments, his aides- de-camp and military secretary, all of whom shall hold office during his pleasure, their commissions to expire with the term for which the Gov- ernor shall have been elected; he shall also nominate, and with the con- sent of the Senate appoint, all major-generals. [The substance of this section Is contained in section 8 of article XI of the amended constitn tlonof 84e. A portion of such section Is omitted.] The governor has no power during the recess of the senate to appoint a major-general of the national guard to fill a vacancy. (People v. Molyneux, Manner of election of military officers prescribed by legislature. — § 5. All other commissioned and non-commissioned officers shall be chosen or appointed in such manner as the Legislature may deem most conducive to the improvement of the militia, provided, however, that no law shall be passed changing the existing mode of election and appointment unless two-thirds of the members present in each house shall concur therein. [This section is a substitute for sections 4 and 6 of article XI of the amended constitution of 1846.] Commissioned officers ; their removal. — § 6. The conimissi6ned officers shall be commissioned by the Governor as commander-in-chief. No commissioned officer shall be, removed from office during the term for which he shall have been appointed or elected, unless by the Senate on the recojiimendation of the Governor, stating the grounds on which such removal is recommended, or by the sentence of a court-martial, or upon the findings of an examining board organized pursuant to law, or for absence without leave for a period of six months or more. [Section 5 ol article XI of the amended constitution of 1846, amended. The principal change is the removal of oommiasloned ofaoers upon the findings of an examining board or for absence without leave.] A commissioned ofHoer, rendered supernumerary by the disbandment of a military company, pursuant to Military Code, is not removed from office within the meaning of this section. (People, ex rel. v. Hill, 136 N. Y. 497; People, ex rel. v. Ewen, 17 How. Pr. 375.) ARTICLE XII. Organization of cities and villages. — Section 1. It shall be the duty of the Legislature to provide for the organization of cities and in- corporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments, and in contracting debt by such munici- pal corporations. [Section 9 of article VIII of theamended constitution of 1846, without change.] This provision is merely a direction to the legislature for the exercise of a power which had been restricted by former constitutions . (Bank of Chenango V. Brown, 36 N. Y. 467.) This section authorizes the legislature to restrict the power of incurring indebtedness by municipal corporations, and the degree of such restriction is 200 New Toek State OoNSTrrtrrioN or 1894. in the discretion of the legislature. (Sweet v. City of Syracuse, 129 N. Y. 316,331.) The legislature is not prohibited from authorizing a municipal corporation to incur an indebtedness of a new and unusual character. (Bank of Rome v. City of Rome, 18 N. Y. 88 ; Grant v. Courier, 24 Barb. 232 ; Benson v. Mayor of Albany, id. 248.) By this section local legislative powers may be delegated to villages and cities. (Consumers' Gas Co. v. Spring Co., 61 Hun, 135; WallerBtein v. Judge, 24 State Rep. 814.) Classification of cities ; general and special city laws ; special city laws ; how passed by legislature and acceptance by cities. — § 2 All cities are classified accordiDg to the latest state enumeration, as from time to time made, as follows: The first class includes all cities having a population of two hundred and fifty thousand, or more; the second class, all cities having a population of fifty thousand and less than two hundred and fifty thousand; the third class, all other cities. Laws relating to the property, affairs or government of cities, and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a sp'ecial city law, relating to a city, has been passed by both branches of the Legislature, the house in which it originated shall im- mediately transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the house from which it was sent, or if the session of the Legislature at which such bill was passed has terminated, to the Governor, with the mayor's certificate thereon, stating whether the city has or has not ac- cepted the same. Jn every city of the first class, the mayor, and in every other city, the mayor and the legislative body thereof concurrently, shall act for such city as to such bill; but the Legislature may provide for the con- currence of the legislative body in cities of the first class. The Legis- lature shall provide for a public notice and opportunity for a public hearing concerning any such bill in every city to which it relates, before action thereon. Sach a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided, by every such city. Whenever any such bill is accepted as herein pro- vided, it shall be subject as are other bills, to the action of the Governor. Whenever, during the session at which it was passed, any such bill is returned without the acceptance of the city or cities to which it relates, or within such fifteen days is not returned, it may nevertheless again be passed by both branches of the Legislature, and it shall then be subject as are other bills, to the action of the Governor. In every special city law which has been accepted by the city or cities ^to which it relates, the title shall be followed by the words "accepted by the city," or " cities," as the case may be; in every such law which is passed without such acceptance, by the words " passed without the acceptance of the city," or " cities," as the case may be. [New.] Kew Toek State Constitution of 1894. 201 Election of city officers^ when to be held ; extension and abridgment of terms. — § 3. AH elections of city officers, including supervisors and judicial officers of inferior local courts, elected in any city or part of a city, and of county officers elected in the counties of New York and Kings, and in all counties whose boundaries are the same as those of a city, except to fill vacancies, shall be held on the Tuesday succeeding the first Monday in November in an odd-numbered year, and the term of every such officer shall expire at the end of an odd-numbered year. The terms of office of all such officers elected before the first day of January, one thousand eight hundred and ninety-five, whose successors have not then been elected, which under existing laws would expire with an even-numbered year, or in an odd-numbered year and before the end thereof, are extended to and including the last day of Decem- ber next following the time when such terms would otherwise expire; the terms of office of all such officers, which under existing laws would expire in an even-numbered year, and before the end thereof, are abridged so as to expire at the end of the preceding year. This section shall not apply to any city of the third class, or to elections of any judicial officer, except judges and justices of inferior local courts. [New.] ARTICLE XIII. Oathof office.— Section 1. Members of the Legislature, and all officers executive and judicial, except such inferior officers as shall be by law exempted shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation :"" I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the C/onstitution of the State of New York, and that I will faithfully discharge the duties of the office of , according to the best of my ability;" and all such officers who shall have been chosen at any election shall, before they enter on the duties of their respective offices, take and subscribe the oatt or affirmation above prescribed, together with the following addition thereto, as part thereof: "And I do further solemnly swear for affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed, or offered or promised to contribute any money, or other valuable thing as a consideration or reward for the giving gr withholding a vote at the election at which I was elected to said office, and have not made any promise to influence the giving or withholding any such vote," and no other oath, declaration or test shall be required as a qualifica- tion for any office of public trust. [Section 1 of article XII of the amended constitution of ISH, without change.] A statute which requires an applicant for appointment to a position in a public office to show his fitness therefor is not an illegal test within the meaning of the provision of this section. (Eogers v. Common Council of City of Buffalo, 133 N. Y. 173.) The excise commissioners' test oath required by section 8 of chapter 163 of the Laws of 1890 is repugnant to this section. (People, ex rel. v. Palen, 74 Hun, 289.) 26 202 Nbw Tokk State Constittition of 1894. Official brilDery and corraption.— § 2. Any person holding oiBce under the laws of this State who, except in payment of his legal salary, fees or perquisites, shall receive or consent to receive, directly or indirectly, anything of value or of personal advantage, _ or the promise thereof, for performing or omitting to perform any official act, or with the express or implied understanding that his official action or omission to act is to be in any degree influenced thereby, shall be deemed guilty of a felony. This section shall not affect the validity of any existing statute in relation to the offense of bribery. [SBCtion 1 of article XT of the amended eonatitution of 1846, without change.] Offer or promise to bribe. — §3. Any person who shall offer or promise a bribe tt) an officer, if it shall be received, shall be deemed guilty of a felony and liable to punishment, except as herein provided. No person offering a bribe shall, upon any prosecution of the officer for receiving such bribe, be privileged from testifying in relation thereto, and he shall not be liable to civil or criminal prosecution therefor, if he shall testify to the giving or offering of such bribe. Any person who shall offer or promise a bribe, if it be rejected by the officer to whom it was tendered, shall be deemed guilty of an attempt to bribe, which is hereby declared to be a felony. [Section 3 of article XV of the amended constitution of 1846, without change.] Person bribed or offering a bribe may be a witness. — § 4. Any per- son charged with receiving a bribe, or with offering or promising a bribe, shall be permitted to testify in his own behalf in any civil or criminal prosecution therefor. [Section 8 of article XV of the amended constitution of 1846, without change.] Free passes, franliing privileges, etc., not to be received by public officer; penalty.— § 5. No public officer, or person elected or appointed to a public office, under the laws of this State, shall directly or indi- rectly ask, demand, accept, receive or consent to receive for his own use or benefit, or for the use or benefit of another, any free pass, free transportation, franking privilege or discrimination in passenger, tele- graph or telephone rates, from any person or corporation, or make use of the same himself or in conjunction with another. A person who violates any provision of this section, shall be deemed guilty of a mis- demeanor, and shall forfeit his office at the suit of the Attorney-General. Any corporation, or officer or agent thereof, who shall offer or promise to a public officer, or person elected or appointed to a public office, any such free pass, free transportation, franking privilege or discrimination, shall also be deemed guilty of a misdemeanor and liable to jiunishment except as herein provided. No person, or officer or agent of a corpora- tion, giving any such free pass, free transportation, franking privilege or discrimination hereby prohibited, shall be privileged from testifying in relation thereto, and he shall not be liable to civil or criminal prose- cution tberefor if he shall testify to the giving of the same. [New.] Removal of district attorney for failure to prosecute ; expenses of prosecutions for bribery. —§ 6. Any district attorney who shall fail faithfully to prosecute' a person charged with the violation in his New Yoek State Constitution of 1894. 203 county of any provision of this article which may come to his knowl- edge, shall be removed from "oiRce by the Governor, after due notice and an opportunity of being heard in his defense. The expenses which shall be incurred by any county, in investigating and prosecut- ing any charge of bribery or attempting to bribe any person holding office under the laws of this State within such county, or of receiving bribes by any such person in said county, shall be a charge against the State, and their payment by the State shall be provided for by law. [Section 4 of article XV of the amended constitution of 1846, without change] This section only refers to investigations in bribery proceedings, and an act providing that all the costs and expenses of an investigation of charges against a county ofScer be borne by the county is not contrary thereto. (People, ex rel. v. Supervisors, 39 Hun, 442.) ARTICLE XIV. Amendments to constitution, how proposed, voted upon and ratified. — Section 1. Any amendment or amendments to this Constitution may be proposed in the Senate and Asseinbly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, and the jeas and nays taken thereon, and referred to the Legislature to be chosen at the next general election of senators, and shall be published for three month-s previous to the time of making such choice; and if in the Legislature so next cliosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people for approval in such manner and at such times as the Legis- lature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become a part of the Constitution from and after the first day of January next after such approval. [Section 1 of article XIII of the amended constitution of 1846, amended.] Future constitutional conventions ; how called ; election of delegates compensation ; quorum ; submission of amendments ; officers ; rules ; vacancies; taking effect. — § 2. At the general election to be held in the year one thousand nine hundred and sixteen, and every twentieth year thereafter, and also at such times as the Legislature may by law provide, the question, " Shall there be a convention to revise the Constitution and amend the same?" shall be decided by the electors of the State; and in case a majority of the electors voting thereon shall decide in favor of a convention for such purpose, the electors of every senate district of the State, as then organized, shall elect three delegates at the next ensuing general election at which members of the Assembly, shall be chosen, and the electors of the State voting at the same election shall elect fifteen delegates- at-large. The delegates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their election, and shall continue their session until the business of such convention shall have been completed. Every delegate shall receive for his services the same compensation and the same mileage as shall New Toek State Constitution of 1894. then be annually payable to the members of the Assembly. A majority of the convention shall constitute a quorum for the transaction of business, and no amendment to the Constitution shall be submitted for approval to the electors as hereinafter provided, unless by the assent of a majority of all the delegates elected to the convention, the yeas and nays being entered on the journal to be kept. The convention shall have the power to appoint such oiEcers, employes and assistants as it may deem necessary, and fix their compensation and to provide for the printing of its documents, journal and proceedings. The convention shall determine the rules of its own proceedings, choose its own ofBcers, and be the judge of the election, returns and qualifications of its mem- bers. In case of a vacancy, by death, resignation or other cause, of any district delegate elected to the convention, such vacancy shall be filled by a vote of the remaining delegates representing the district in which such vacancy occurs. If such vacancy occurs in the office of a delegate-at-large, such vacancy shall be filled by a vote of the remaining delegates-at-large. Any proposed consti- tution or constitutional amendment which shall have been adopted by such convention, shall be submitted to a vote of the electors of the State at the time and in the manner provided by such convention, at an election which shall be held not less than six weeks after the adjournment of such convention. Upon the approval of such con- stitution or constitutional amendments, in the manner provided in the last preceding section, such constitution or constitutional amendment, shall go into effect on the first day of January next after such approval. [The part of this section relating to the calling of future conventions is substantially the sai.e as section Si of article XIII of the amended constitution of 1846. The remainder of the section is new.] Amendments of convention and legislature submitted coincidently. — § 3. Any amendment proposed by a constitutional convention relating to the same subject as an amendment proposed by the Legislature, coincidently submitted to the people for approval at the general election held in the year one thousand eight hundred and ninety-four, or at any subsequent election, shall, if approved, be deemed to super- sede the amendment so proposed by the legislature. [New.] ARTICLE XV. Time of taking eflfect.— Section 1. This Constitution shall be in force from and including the first day of January, one thousand eight hundred and ninety-five, except as herein otherwise provided. Done in Convention at the Capitol in the city of Albany, the twenty-ninth day of September, in the year one thousand e'ight hundred and ninety-four, and of the Independence of the United States of America the one hundred and nineteenth. In witness whereof, we have hereunto subscribed our names. JOSEPH HODGES CHOATE, President and Delegate-at-Large. Ohablbs Elliott Fitch, Secretary. SoTJBOBS OF Sbotiohs OF Statb Constitdtion of 1894. 206 ScHBDULB, Showing Soubcks op Sbotions of the New Toek State Constitution of 1894. Oonetltutlon of 1894. Article I, Sec. I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, n, n, II, II, II, II, III, III, III, III, III, III, III, III, III, III, III, III, III, m, III, III, III, III, III, ni, III, in, ni, III, Constitution of 1846, amended. 1. 2. 3. 4. 5. 6. 1. 8. 9. 10. 11 12. 13. 14. 15. 16. 17. 18. 1. 2, 3. 4. 5. 6. 1. 2. 3. Article New. Article , Sec. . . New. . . Article . . New. . . New. 4 New. 5 New. 6 Article III, Sec, 7 1. 2. 3. 4. 5. 6, 1, amended. 8. 10, amended. 11. 12. 13. 14. 15. 16. 17, amended. 18. 1, amended. 2, amended in language. 3, amended. 4, amended. 5, amended. Ill, III, III, III, III, III, III, III, III, III, III, III, ni, I, VII, New. 23 Article III, 24 m, 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Superseding article III, sec. 2. Ill, 3. Ill, 4. Ill, 5. 6. 7. 8. 9. 10, amended. 11. 12. 13. 14. 15, amended. 16. 17. 1 8, amended in language. 19. 9. 8. 25. 20. 206 SouEOBs OP Sbotions or State Constitution of 1894. OoHstitution of 1894. Constitutloa of 1846, amended. Article III, Sec. 25 Article III, Sec. 21. Ill, 26 ni, 22. Ill, 27 Ill, 23. Ill, 28 Ill, 24. III, 29 New. IV, 1 Article IV, 1, amended. IV, 2 IV, 2. IV, 3 IV, 3. IV, 4 IV, 4. IV, 5 IV, 5. IV, 6 IV, 6. IV, 1 IV, 1, amended. IV, 8 IV, 8. IV, 9 IV, 9. V, 1 V, 1, amended. V, 2 New. V, 3 Article V, 3, amended in language. V, 4 V, 4, amended in language. V, 5 V, 5, amended in language. V, 6 V, 6. V, 7 V, 7. V, 8 V, 8. V, 9 New. VI, 1 Partly new, superseding article VI, sec. 6. VI, 2 Mostly new, superseding article VI, sees. 7 and 28. VI, 5 Article VI, Sec. 8, amended. VI, 4 VI, 9, amended. VI, ' 5 New. Repealing article VI, sec. 12. VI, 6 New. VI, 7 Article VI, Sec. 2, amended. VI, 8 VI, 3, amended. VI, 9 New. VI, 10 Article VI, Sec. 10. VI, 11 VI, 11, amended. VI, 12 Partly new, superseding article VI, sees. 13 and 14. VI, 13 Article VI, S^c. 1. VI, 14 VI, 15, amended. VI, 15 Partly new, and see article VI, sec. 15. VI, 16 Article VI, Sec. 16, amended. VI, 17 VI, 18, amended. VI, 18 VI, 19, amended. VI, 19 VI, 20, amended. VI, 20 Partly new, superseding article VI, sec. 21. VI, 21 Article VI, Sec. 28, amended. VI, 22 VI, 25, amended. VI, 23 VI, 26. VII, 1 VII, 9. VII, 2 VII, 10. VII, 3 vn, 11. SoTjEOEB OF Sbotions ow Statb Constitutiom^ of 1894. 207 Constitution of 1894. Constitution of 1846, amended. Article VII, Sec. 4 Article "VII, Sec. 12, amended in langnage. VII, 5 vn, 13. ^ ^ VII, 6 vn, 14, amended. VII, 7 New. VII, 8 Article vn, 6, amended. VII, 9 VII, 3, amended. VII, 10 New. . Vni, 1 Art. VIII, 1. vin, 2 vni, 2. VIII, 3 VIII, 3. VIII, 4 VIII, 4. VIII, 5 VIII, 5. VIII, 6 VIII, 6. VIII, 1 VIII, 7, amended. VIII, 8 VIII, 8. VIII, 9 VIII, 10. VIII, 10 VIII, 1 1, amended. VIII, 11-15... New. IX, 1 New. IX, 2 New. IX, 3 Article IX, 1. IX, 4 New. X, 1 Article X, 1, amended. X, 2 X, 2. X, 3 X, 3. X, 4 X, 4. X, 5 X, 5. X, 6 X, 6, amended. X, 1 X, 7. X, 8 X, 8. X, 9 X, 9. XI, 1 XI, 1, amended. XI, 2 XI, 2, amended. XI, 3 XI, 3, amended. XI, 4 XI, 4, amended. XI, 6 XI, 5, amended. XI, 6 XI, 6, amended. XII, 1 VIII, 9. XII, 2 New. XII, 3 New. XIII, 1 Art. XII, 1. XIII, 2 XV, 1. XIII, 3 XV, 2. XIII, 4 XV, 3. XIII, 5 New. XIII, 6 Art. XV, 4. XIV, 1 XIII, 1, amended. XIV, 2 XIII, 2, amended. XIV, 3 New. XV, 1 Art. XIV, 13. 208 Disposition of Sbotions of Constitution of 184:6, Amended. ScHBDULB Showing Disposition op Sbctions op the Nbw Toek Statb Constitution op 1846, Ambnded. Constitution of 1(46, amended. Constitution of 1894. Art. I, See. 1 Re-enacted in Art. I, Sec. 1. . I, 2 " I, 2. I, 3 " I, 3. I, 4 " I, 4. I, 5 " I, 6. I, 6 " I, 6. I, 1 Amended by I, 1. 1, 8 Re-enacted in I, 8. I, 9 " III, 20. I, 10 Amended by I, 9. I, 11 Re-enacted in I, 10. I, 12 " I, 11. I, 13 " I, 12. I, 14 " I, 13. I, 15 « I, 14. I, 16 « I, 15. I, 17 Amended by I, 16. I, 18 Re-enacted in I, 17. II, 1 Amended by II, 1. 11, 2 " II, 2. II, 3 « II, 3, II, 4 " II, 4. II, 5 " II, 5. Ill, 1 Re-enacted in III, 1. Ill, 2 Superseded by III, 2. Ill, 3 " III, 3. Ill, 4 « III, 4. Ill, 5 " in, 5. Ill, 6 Re-enacted in III, 6. Ill, 7 " III, 7. Ill, 8 " III, 8. Ill, 9 « III, 9. Ill, 10 Amended by III, 10. Ill, 11..;... Re-enacted in III, ii. Ill, 12 « III, 12. Ill, 13 « III, 13. Ill, 14 " III, 14. Ill, 15 Amended by III, 15. Ill, 16 Re-enacted in III, 16 HI, 17 « III, 17. Ill, 18 Amended by III, 18. Ill, 19 Re-enacted in III, 19 III, 20 « III, 24. Ill, 21 " III, 25. HI, 22 " III, 26. HI, 23 " III, 27. Ill, 24 « III, 28. Disposition of Sbotions op Constitution of 1846, Amended. 209 Constitution of 1846, amended. Constitution of 1894. Art. Ill, Sec. 25 Re-enacted in Art. JII, Sec. 23. I^. 1 Amended by IV, 1. I^> 2 Re-enacted in IV, 2. ^Z' «•••-• " IV, 3. IV, 4 « IV, 4. ^' 6 " IV 5. JV, 6 « IV, 6. IV, 7 Amended by IV, V. IV, 8 Re-enacted in IV, 8. IV, 9 « IV, 9. V, 1 Amended by V, 1. V, 2 " V, 1,2. V, 3 Amended in language, article V, section 3. V, 4 " « article V, section 4. V, 6 « " article V, section 5. V, 6 Re-enacted in Art. V, Sec. 6. V, 7 « V, 7. V, 8 « V, 8. VI, 1 « VI, 13. VI, 2 Amended by VI, 7. VI, 8 " VI, 8. VI, 4 (Causes referred to commissioners of appeals.) Abrogated. VI, 5 (Commissioners of appeals.) Abrogated. VI, 6 Superseded by Art. VI, Sec. 1. VI, 7 " VI, 2. VI, 8 Amended by VI, 3. VI, 9 " VI, 4. VI, 10 Re-enacted in VI, 10. VI, 11 Amended by VI, 11. VI, 12 (City courts) repealed by article VI, sec. 5. VI, 13 Superseded by Art. Vt, Sec. 12. VI, 14 " VI, 12. VI, 15 Amended by VI, 14. VI, 16 « VI, 16. VI, 17 (Question of election or appointment of judges.) Abrogated. VI, 18 Amended by Art. VI, Sec. 17. VI, 19...... " VI, 18. VI, 20 « VI, 19. VI, 21 Superseded by VI, 20. VI, 22 " VI, 9. VI, 23 Amended by VI, 21. VI, 24 (First election of judges.) Abrogated. VI, 25 Amended by Art. VI, Sec. 22. VI, 26 Re-enacted in VI, 23. Vn, 1 (Canal debt, etc.) Abrogated. VII, 2 (General fund debt, etc.) Abrogated. VII, 3 Amended by Art. VII, See. 9. 27 210 Disposition of Sections of Constithtion of 1846, Amended. Conetltutlon of 1846, amended. Oonstitution of 1894. Art. VII, Sec. 4 (Loans to incorporated companies.) Abro- gated. VII, 5 (Provisions for payment of canal debt.) Abrogated. VII, 6 Re-enacted in Art. VII, See. 8. VII, 7 (Salt springs.) Abrogated. VII, 8 Re-enacted in Art. Ill, Sec. 21. VII, 9 " VII, 1. VII, 10 " VII, 2. VII, 11 " VII, 3. VII, 12 Amended in language article VII, sec. 4. VII, 13 Re-enacted in Art. VII, Sec. 5. VII, 14 Amended by VII, 6. VIII, 1 Re-enacted in VIII, 1. VIII, 2 " vm, 2. VIII, 3 " VIII, 8. VIII, 4 " VIII, 4. VIII, 5 " VIII, 5. VIII, 6 " VIII, 6. VIII, 1 Amended by VIII, 1. VIII, 8 Re-enacted in VIII, 8. VIII, 9 " XII, 1. VIII, 10 " VIII, 9. vm, 11 " VIII, 10. IX, 1 " IX, 3. X, 1 Amended by X, 1. X, 2 Re-enacted in X, 2. X, 3 " X, 3. X, 4 " X, 4. X, 5 , " X, 5. X, 6 Amended by X, 6. X, 7 , Re-enacted in X, 7. X, 8 " X, 8. X, 9 " X, 9. XI, 1 Superseded by XI, 1. XI, 2 " XI, 5. XI, 3 Amended by XI, 4. XI, 4 " XI, 5. XI, 5 " XI, 6. XI, 6 Superseded by XI, 6. XII, 1 Re-enacted in XIII, 1. XIII, 1 Amended by XIV, 1. XIII, 2 " XIV, 2. XIV, 1 (First election of senators, etc.) Abrogated. XIV, 2 (First election of governor and lieutenant- governor.) Abrogated. XIV, 3 (State officers to remain in office.) Abrogated. XIV, 4 (First election of judges, etc.) Abrogated. XIV, 5 (Pending suits.) Abrogated. XIV, 6 Masters in chancery.) Abrogated. Disposition of Sections of Constitution of i8i6, Amended. 211 Constitution of 1848, amended. Constitution of 1894. Art.XIV, Sec. 7 (Yacancy in office of chancellor.) Abrogated. XIV, 8 (Offices abolished.) Abrogated. XIV, 9 (Chancellors and justices eligible.) Abrogated. XIV, 10 (Expiration of term.) Abrogated. XIV, 11 (Judicial officers may take fees.) Abrogated. XIV, 12 (Local courts.) Abrogated. XIV, 13 Amended by Art. XV, Sec. 1. XV, 1 Re-enacted in XIII, 2. XV, 2 " XIII, 3. XV, 3 " XIII, 4. XV, 4 " xin, 6. INDEX TO THE Constitution of the United States AND THE AMENDMENTS THERETO. Art. Abolition of slavery am . 13 Account of receipts and expenditures to be published. 1 Accusation to be made known to accused am. 6 Accused to have speedy trial am . 6 to be tried by impartial jury am. 6 to have compulsory process am . 6 entitled to counsel am . 6 Acts, records and judicial proceedings of states, how proved 4 full faith to be given to 4 Adjournment, of congress from day to day 1 neither house to adjourn without consent of the other 1 bills not to become laws when return is prevented by 1 Admiralty jurisdiction vested in federal courts 3 Admission of new states 4 Age, senators to be thirty years of 1 representatives to be twenty-five years 1 qualification of, for president 2 qualification of, for vice-president ... am. 12 Ambassadors, subject to judicial power 3 president to appoint .' 3 president to receive foreign 3 Amendments to constitution, how proposed 5 how ratified 5 Appointment of members of congress to civil offices. . 1 of mili<;ia officers 1 of officers by president 8 by heads of departments and courts 2 Apportionment of representatives, how first made ... 1 how now made am. 14 Appropriations for support of armies not to be for longer than two years 1 necessary for expending money 1 Approval of president before bill becomes a law 1 Arms, right to bear, not to be infringed am . 2 Sec. Clanse. Page, 40 9 6 28 88 88 88 38 88 1 33 1 32 5 1 26 5 4 26 7 2 26 2 1 31 8 1 32 3 3 35 2 2 34 1 4 80 39 2 1 31 2 2 80 8 1 31 1 38 1 33 6 2 26 8 16 28 3 2 30 2 3 30 2 3 24 2 40 8 13 27 9 7 28 7 2 26 37 21 A Index to the Constitution of the United States. Army, congress to raise money appropriated for, not to be for longer than two years congress to provide rules and regulations president to be commander-in-chief Arrest, members of congress privileged from Art, congress to promote progress of Assemble, right of people not to be abridged am. Attainder, bills of, congress not to pass states not to pass Attainder of treason not to work corruption of blood or forfeiture. . ; " Authors to secure copyrights Bail, excessive, not to be required am. Bankruptcy, congress to establish laws of Basis of representation in house of representatives am. Bills, presentation of, to president for approval not approved by president passage of after veto of president become laws if not returned by president in ten days Bills of attainder not to be passed by congress nor by states Bills of credit, states not to emit Bills for revenue, to originate in house of representa- tives senate may propose amendments to Borrow money, congress may Bounties and pensions, debt created because of, not to be questioned am. Capital or infamous crime, answerable only on indict- ment am. Capitation tax, not to be laid except in proportion to census or enumeration Captures on lands and water, congress to regulate . . . Censuj, when to be taken taxes to be laid in proportion to Chief justice, to preside when president is tried on impeachment Citizen, representative must be senator must be president must be Citizens, who are am. rights of, not to be abridged by state am . privileges and immunities right to vote not to be denied because of race, color, etc am. of different states and same state, judicial power as to Classification of senators, how made Coin, gold and silver, states to make legal tender counterfeiting of, congress to punish Coinage of money, congress to regulate Commander-in-chief of army and navy, president to be Commerce, congress may regulate no preference given to ports by regulation of Commissions of public officers to be given by presi- dent of officers appoir ted to fill vacancies Common defense, congress to provide for Art. Sec. Cause. Page. 1 8 13 27 1 8 13 37 1 8 14 28 2 3 1 30 1 6 1 26 1 8 8 27 1 37 1 9 8 28 1 10 1 29 3 3 3 33 1 8 8 37 8 38 1 8 4 37 14 3 • > > • 40 1 7 3 36 1 7 2 36 1 7 3 26 1 7 3 36 1 9 3 38 1 10 1 29 1 10 1 29 1 7 1 26 1 7 1 26 1 8 3 37 14 1 1 1 1 1 1 1 2 14 14 4 15 3 1 1 1 1 2 1 1 3 3 1 8 3 10 8 2 8 9 8 3 8 4 11 3 4 6 3 3 5 41 38 28 37 34 35 34 35 80 40 40 33 41 81 35 29 27 37 30 27 38 31 30 27 Index to the CoNSTiTUTiniT or the United States. 215 Compensation of senators and representatives deter- mined by law of president, not to be increased or diminished. . . . of judges, not to be increased or diminished private property not to be taken for public use vFithout am Congress of the United States : legislative power vested in consist of senate and house of representatives may regulate election of members to assemble first Monday in December may impose and collect taxes, duties, etc pay debts and provide for common defense borrow money regulate commerce establish rule of naturalization establish uniform laws of bankruptcy coin money and regulate its value fix standard of vt^eights and measures punish counterfeiting establish post-of&ces, etc provide for patents and copyrights establish inferior courts punish piracies and offenses against law of nations, declare war grant letters of marque, reprisal, etc maintain an army and navy make rules for regulation of army and navy call out militia provide for organization of militia exercise legislation over District of Columbia to have authority over forts, arsenals, etc to pass general laws consent of, and control over duties laid by state. . . to determine time of choosing electors of president and vice-president to provide for succession in case of death of presi- dent and vice-president vest appointment of certain officers in heads of departments to declare punishment of treason provide for proving acts, records and judicial pro- ceedings of states to admit new states regulate disposition of territory and property of United States to propose amendments to constitution not to interfere with religion am. each house of, judgeof qualifications of its members quorum shall be a majority may compel attendance of its members determine rules of proceedings punish its members expel its members to keep a journal yeas and nays of members when to be entered on journal not to adjourn without consent of other members of, privileged from arrest members not to be questioned for speech or debate, members not to hold other civil office under United States government rt. Sec. Clause. Page. 1 6 1 2fi a 1 7 30 a 1 1 31 5 . * ■ . 38 1 1 24 1 1 24 4 1 36 4 3 26 8 1 27 8 1 27 8 3 27 8 3 37 8 4 37 8 4 37 8 5 37 8 5 37 8 6 37 8 7 27 8 8 37 8 9 27 8 10 37 8 11 37 8 11 37 8 12,13 37 8 14 38 8 15 28 8 16 28 8 17 88 8 17 38 8 18 28 10 3 39 2 1 4 30 3 1 6 80 3 2 2 30 3 3 3 32 4 1 1 33 4 3 1 32 4 3 3 33 5 1 1 33 37 5 1 36 5 1 26 5 1 26 5 2 36 5 .2 36 5 3 26 5 3 26 5 3 26 5 4 26 6 1 26 6 1 26 216 Index to the Constitution of the TJnitbd States. Consent of congress, officer not to accept gift, etc., from other nation without states not to engage in war without states not to levy duties, etc., without states not to enter into compact without states not to keep troops and ships without Consent of states, no two to be joined without Consent of citizens, soldiers not to be quartered in house of, without am. Constitution, supreme law oath to support, by president all officers to take oath to support amendments to, how proposed and ratified judges in all states bound Jby Contracts, obligations of, not to be impaired Convention, for proposing amendments to constitu- tion Copyright, congress to provide for Counsel, accused to have assistance of am. Counterfeiting, congress to punish Courts, inferior to supreme court, congress to establish, judicial power vested in inferior judges of, to hold office during good behavior. . . . Credit, bills of, state not to emit Art. Sec. Clause. Page. given to acts, etc., of each state Crime, person accused of, to be tried by jury to have speedy trial am. to be informed of accusation am. to be confronted with witnesses am. to have subpoe as am. to have counsel am. to be delivered up Crimes, person not to be amenable for, except upon indictment am. Criminate himself, no person shall be compelled to, am. Cruel and unusual punishments prohibited am. 3 6 3 1 6 1 ■ 1 3 3 1 4 3 6 6 6 6 6 4 6 5 8 9 10 10 10 10 3 10 1 8 8 1 1 10 1 3 2 8 3 1 2 1 1 8 6 9 28 29 39 29 39 32 37 33 30 33 33 33 39 33 37 38 37 27 31 31 29 33 33 38 38 38 38 38 38 38 38 Death of president and vice-president, congress to pro- vide for succession, in event of Debts, contracted before adoption of constitution, to be paid no state shall make anything but gold and silver a tender. validity of public, incurred in suppressing rebellion not to be questioned am . contracted in aid of rebellion not to be paid. . am. December, first Monday of, congress to assemble Defense, common, to be provided for Departments, to appoint officers ,. ... to inform president Direct tax, not to be laid unless in proportion to census Disability of person from holding office, how removed .- am . District of Columbia, congress to exercise exclusive legislation ! . . . Domestic violence, United States to protect states from Due process of law, person not to be deprived of life, liberty or property, without am. 5 and Duties, congress may lay and collect not to be levied on articles exported from state. . . . 14 14 1 1 3 2 14 14 1 1 1 1 10 4 8 8 3 5 1 1 4 4 3 1 2 1 4 3 17 1 30 33 39 41 41 26 27 30 30 38 41 83 1 38,40 1 27 5 38 Index to the Constitution of the United States. 217 Duties — (Continued) . Art. vessels to or from one state not to pay 1 produce of, to be paid into United States treasury, 1 states not to lay, without consent of congress 1 Duty of tonnage, states not to lay without consent of congress i Election of president and vice-president, congress to determine day 2 of president and vice-president, method of . . .am. 13 Election of senators and representatives prescribed m each state by legislature 1 congress may alter regulations 1 Electors of members of house of representatives, qualifications 1 Electors of president and vice-president, number of . . 3 how chosen 3 congress to determine time of choosing 3 senators and representatives not to be 2 how to vote for president am . 13 lists of vote to be transmitted to seat of govern- ment am . 12 persons disqualified from being am. 14 Enumeration, when to be taken 1 Eq.ual suffrage in senate preserved for states 5 Excessive bail, not to be required am . 8 Executive departments, president may require opinions of 8 appointment of inferior officers vested in 3 Executive power, vested in president 3 Expenditures and receipts, statement and account of, to be published 1 Exports from any state, no duty to be laid on 1 Exports, no state to impose duty on 1 Ex post facto law, not to be passed by congress 1 by state legislatures 1 Faith and credit in each state to be given to act, records, etc., of another state 4 Felonies on high seas, congress to punish 1 Fines, excessive, not to be imposed am. 8 Foreign coin, congress to fix value of . . . 1 Foreign nations, congress to regulate commerce with. 1 states not to make treaties with 1 officers not to accept gifts from 1 Freedom of speech and press am. 1 Fugitives from justice to be delivered up 4 slaves to be dehvered up 4 General welfare, constitution to provide . . Preamble. . . . congress to provide for 1 Good behavior, judges to hold office during 3 Government, republican form of, guaranteed to states. 4 Grand jury, indictment of, for capital or infamous crimes ; am. 5 Habeas corpus, writ of, not to be suspended. 1 Heads of departments, president may require written opinion of 3 appointment of officers by 3 House of representatives, members chosen 1 qualifications of members 1 vacancies in, how filled 1 28 Rflc. Clause Page. 9 6 38 10 3 29 10 2 29 10 29 1 4 30 89 4 1 36 4 1 28 2 1 24 1 3 29 1 3 39 1 3 29 1 2 29 39 89 3 41 2 3 24 1 1 33 38 2 1 30 2 2 30 1 1 39 9 6 28 9 5 38 10 2 29 9 8 28 10 1 39 1 33 8 10 27 38 8 5 37 8 3 37 10 3 39 9 7 18 37 2 3 32 2 3 32 24 8 1 27 1 31 4 1 33 38 38 2 1 30 2 2 30 3 1 24 3 2 24 3 4 25 218 Index to the Oonbtittttion of the United States. House of representatives — (Continued). ■*■'■' to choose speaker and officers have sole power of impeachment judge of election of its members quorum of may determine rules of proceedings punish its members keep a journal of its proceedings .' revenue biUs to originate in when and how to choose president am. basis of representation, when reduced 14 Impeachment, sole power of, vested in house of repre- sentatives to be tried by senate when president of U. S. is tried, chief justice to preside no person convicted without concurrence of two- thirds of niembers judgments in cases of party convicted subject to indictment officers to be removed on Importation of slaves prior to 1808 Imports, congress to lay duties on duties are to be uniform states not to impose duties on, without consent of congress Indian tribes, congress to regulate commerce with . . . Indictment of grand jury, person not to answer for infamous or capital crime except upon am. Inferior courts, congress to establish , judicial power vested in Interstate commerce Invasion, state not to engage in war except upon. . . ; . habeas corpvs suspended in case of United States to protect states from congress to call out miUtia in case of Inventors, patents to Jeopardy, twice in, for same offense am. Journal of proceedings, each house to keep to be published from time to time Judges, -compensation of, not to be increased or dimin- ished to hold office during good behavior of states, to be bound by constitution, laws and treaties of supreme court, appointed by president Judgment in cases of impeachment Judicial power, how vested to what extended not extended to suits by citizens against states . am . Jurisdiction of supreme court admiralty and maritime original, over ambassadors, etc appellate Jury trial, for all crimes, except on impeachment .... preserved in civil cases am. Justice, person fleeing from, to be deUvered up Land and naval forces, congress to regulate Law of the land, what constitutes judges in every state boimd by •t. Bee. Clause. Page. 1 3 5 35 1 2 5 35 1 5 1 36 1 5 1 26 1 5 3 36 1 5 3 36 1 5 3 26 1 7 1 36 3 39 4 2 40 1 3 5 35 1 3 6 25 1 3 6 25 1 3 6 35 1 3 7 35 1 3 7 25 2 4 1 31 1 9 1 28 1 8 1 27 1 8 1 27 1 10 3 29 1 8 3 37 5 38 3 1 1 81 3 1 1 81 1 8 3 27 1 10 3 39 1 9 1 28 4 4 1 33 1 8 15 28 1 8 8 a7 5 88 1 5 3 36 1 5 3 26 8 1 1 31 3 1 1 31 6 1 2 33 3 3 2 30 1 3 7 25 3 1 1 31 3 2 1 31 11 39 3 2 1 31 3 3 1 31 3 2 2 33 3 3 3 33 3 2 3 32 7 • • • > 88 4 2 2 33 1 8 14 38 6 1 3 33 6 1 2 33 Index to the CoNSTiTrTioN of the United States. 219 Art. Law of nations, congress to punish offenses against. . . 1 Laws of the United States, congress to make 1 execution of, vested in president 2 all persons entitled to protection of am . 14 Legislative powers vested in congress 1 Legislatures of states to choose senators 1 states not to be joined without consent of 4 application of, for convention to propose amend- ments to constitution 6 application to United States government for pro- tection 4 members of, to take oath of office . . r 6 Letters of marque and reprisal 1 prohibited to the states 1 Life, liberty and property entitled to due process of law am . 5 Life or limb not to be put twice in jeopardy am . 5 Sec. Clause. Page. 4 1 8 10 10 18 1 "i 1 1 1 3 11 1 27 38 31 40 24 25 83 83 83 38 27 39 38 Magazines, congress shall have exclusive authority over 1 Majority of each house to constitute quorum 1 Maritime jurisdiction vested in federal courts 3 Measures, standard of weights and 1 Meeting of congress 1 Message, annual, of president, what to contain .... 2 Militia, congress may call out 1 organization and discipline 1 appointment of officers reserved to states 1 president, commander-in-chief of 3 Ministers, appointment of 2 ■ subject to judicial power 3 Money, congress to borrow 1 congress to coin and regulate value of 1 not to be drawn from treasury except by appro- priation 1 17 1 1 5 3 1 15 16 16 1 3 1 2 5 28 26 31 37 26 31 28 28 28 30 30 30 27 27 38 Nations, foreign, congress to regulate commerce with, 1 congress to provide for punishment of offenses against law of 1 Naturalization, congress to establish uniform rules of, 1 Naval forces, rules for governing 1 Navy, congress to maintain 1 president to be commander-in-chief of 2 Nobility, title of, not to be granted -. . . 1 not to be granted by state 1 Nomination of officers by president 3 Oath, of office, of president 3 senators to take, before trying impeachments. ... 1 of officers of United States and states to support constitution • 6 Obligation of contracts, not to be impaired 1 Offense, no person to be in jeopardy twice for same. . am. 5 Office, forfeiture of, on impeachment 1 senator and representative ineligible to civil 1 Officers of senate, how chosen 1 of house of representatives 1 United States not to take gift, etc, from foreign 3 state . appointed by president with advice and consent of senate 3 9 10 1 3 1 10 "3 6 3 2 9 3 10 4 14 13 1 7 1 2 8 6 3 1 "7 3 5 5 37 37 37 28 38 80 28 29 30 30. 25 33 29 38 25 26 25 25 28 30 220 Index to the Constitution of the United States. Officers- of senate — {Continued). Art. removal on impeachment 2 inferior, may be appointed by heads of depart- ments 3 to be commissioned by president 2 constitutional oath of 6 religious test not to be required 6 Opinions of departments, when to be given to president, 2 Order requiring concurrence of both houses to be pre- sented to president 1 Papers, when secure from search am. 4 Pardons, president may grant ': 3 Patent rights, congress to regulate 1 Pensions, validity of debts contracted to pay not to be questioned am . 14 People, right to assemble and petition am . 1 right to bear arms am. 2 to be secure' in person, etc am . 4 powers reserved to am. 10 Petition, right to, not to be abridged am. 1 Piracy, congress to define and punish 1 Ports, no preference of one state over those of another, 1 Post-offices and roads, congress to establish ..'. 1 Powers not delegated to United States, reserved to states. am. 10 President, executive power vested in 2 how elected am. 13, 3 when and how chosen by house of representa- tives am . 13 term of office of ; 2 to be natural-born citizen . . . . , 2 age of 2 succes-iion to, in case of death of 2 congress to provide for removal of 3 compensation of 3 salary not to be diminished or increased during term of 2 not to receive any other emolument 3 oath of office of 3 approval or veto of bills by 1 to grant reprieves and pardons 3 commander-in-chief of army and navy 2 may require written opinions from heads of depart- ments 2 appoint and receive ambassadors 2 to make treaties 3 appoint officers 2 fill vacancies happening during recess of senate. . . 2 to see that laws are faithfully executed 3 to commission all officers 3 may adjourn congress when two houses disagree . . 3 annual message -. 3 removal on impeachment 3 President of senate, vice-president to be 1 President of senate pro tempore, how chosen 1 to preside over senate in absence of vice-president, 1 Press, freedom of, secured am. 1 Private property, when taken for public use .... am . 5 Property of U. S. under control of congress 4 of citizens secure from seizure am . 4 citizens not to be deprived of am. 5 . private, when taken for public use am. 5 Sec. Clause. Page. 4 1 31 2 2 30 3 1 31 1 3 83 1 8 33 3 1 30 7 2 26 88 2 1 30 8 8 27 4 .... 41 37 87 88 89 37 8 10 27 9 5 28 8 7 27 39 1 1 29 1 2 29,39 89 1 1 29 1 5 30 1 5 80 1 6 30 1 6 30 1 7 30 1 7 30 1 7 30 1 8 30 7 2 26 2 1 80 3 1 30 2 1 80 2 3 30 3 3 80 3 2 30 2 3 81 3 1 31 3 1 31 3 1 81 3 1 31 4 1 31 3 4 25 3 5 25 3 5 25 37 38 3 2 33 88 38 38 Index to the Constitution of the United States. 221 Art. Public debt, validity of, not to be qupstioned ... am. 14 Publication of journals of proceedings 1 of receipts and expenditures 1 Punishmeut on impeachment 1 cruel or unusual, prohibited am. 8 Q,ualifl.cation of president 2 of members of congress, each house to be judge of, 1 ftuartering soldiers in house of citizens am. 3 Quorum, majority of each house to constitute 1 Ratiflcation of amendments to constitution 5 Rebellion, suspension of habeas corpus during 1 validity of debts contracted in suppressing, not to be questioned ara. 14 debts incurred in aid of, not to be paid a,m . 14 Keceipts and expenditures, accounts of 1 Becords, full faith to be given to 4 Redress of grievances, petition for am. 1 Religious test, not to be required of public ofilcers ... 6 Religion, congress not to interfere with am. 1 Representatives, house of, how composed 1 qualifications of electors of members of 1 members of, chosen every second year 1 qualifications of members 1 vacancies, how filled 1 to choose speaker 1 time, place and manner of holding elections of members of 1 members of, not to be questioned for speech or debate 1 members privileged from arrest 1 compensation of members 1 members not to hold other ofiflce 1 members not to be electors 3 members' oath of office 6 person disqualified from being member am. 14 apportionment of members am . 14 Representation, basis of, when reduced am. 14 Reprieves and pardons, president to grajit 3 Reprisal, letters of 1 not to be granted by states 1 Republican form of government guaranteed to states, 4 Reserved rights of states and people am. 10 Resolutions, requiring concurrence of both houses to be presented to president 1 Revenue, bills for raising, to originate in house of representatives 1 Rights of conscience s,m. 1 of the people to petition am. 1 to keep and bear arms am. 8 to be secure in person am. 4 of accused in criminal cases am. 6 of trial by jury. . , am. 7 to writ of habeas coipus 1 reservation of , not to impair am. 9 not to be abridged by state ana. It not to be abridged on account of race, color, gt(j am. 15 Rules of proceedings, each house to determine 1 Sec . Clause. Page . 4 . 41 5 8 39 9 7 28 3 7 25 38 1 5 80 5 1 36 37 5 1 26 1 1 33 9 3 28 4 41 4 41 9 6 38 1 1 32 37 1 3 33 87 3 1 34 3 1 24 3 1 . 24 3 3 24 3 4 35 3 5 25 4 1 26 6 1 26 6 1 26 6 1 26 6 3 26 1 3 29 1 8 33 3 41 3 40 2 40 3 1 80 8 11 37 10 1 29 4 1 33 89 7 3 27 7 1 26 37 87 37 38 38 38 9 3 28 38 1 ... 40 1 41 5 2 S6 222 Index to the OoHSTiTtrTroN of the Uottbd States. Science and arts, promotion of Searches and seizures, people secured against . . . am. Senate, how complied president of divided into classes vacancies, how tilled ' oiQoers and president pro tempore of to try impea'hments oath before trial of impeachment quorum, majority to constitute expulsion of members determine rules of proceedings may amend bills of revenue equal suffrage of states in consent of, to treaties consent of, to appointments when to elect vice-president am. Senators, qualifications of terms of office to have one vote divided into classes time, place and manner of electing compensation of not to be questioned for speech or debate privileged from arrest not to be appointed to other civil office under gov- ernment not to be electors oath of office of person disqualified from being am . Ships of war, state may keep Silver and gold, state to make lawful tender Slave, fugitive, to be delivered up Slavery abolished am. Soldier not to be quartered on citizen am . Speaker of house of representatives, how chosen Speech or debate, members of congress not to be ques- tioned freedom of, not to be abridged am. Standard of weights and measures State legislatures, members of, to take constitutional oath ; to choose United States senators States, each of, to have one representative power reserved, to train militia and appoint officers prohibitions not to lay duties without consent of congress not to engage in war not to enter into compact with other states not to keep troops in time of peace without con- sent of congress acts, records and judicial proceedings to be given full faith and credit citizens of, entitled to privileges and iinmunities. . to deliver up person fleeing from justice new, to be admitted by congress not to be formed within jurisdiction of other state, not to be joined without consent of legislature . . . to be guaranteed republican form of government, protection of, against invasion Lrt. See. Clause. Page. 1 8 8 37 4 38 1 R 1 35 1 3 4 25 1 3 2 25 1 3 3 35 1 3 5 35 1 3 6 35 1 3 6 35 1 5 1 36 1 5 3 36 1 5 3 36 1 7 1 36 5 1 1 33 2 3 2 30 3 2 3 30 13 39 1 3 3 35 1 3 1 35 1 3 1 25 1 ' 3 3 35 1 4 1 36 1 6 1 26 1 6 1 36 1 6 1 36 1 6 3 36 2 1 3 29 6 1 3 33 14 3 . . . . 41 1 10 3 39 1 10 1 39 4 3 3 32 13 40 3 37 1 3 5 35 1 6 1 26 1 37 1 8 5 27 6 1 3 33 1 3 1 25 1 2 3 34 1 8 16 38 1 10 1 29 1 10 2 29 1 10 3 39 1 10 3 39 1 10 2 38 4 1 32 4 2 1 32 4 3 2 S3 4 3 32 4 3 33 4 3 33 4 4 33 4 4 83 IlTDEI TO THE CONSTITUTION OF THB UnITBD StATES. 223 States — {Continued) . ^rt_ equal suffrage of, in senate 5 controversies between, judicial power over 3 powers reserved to am. 10 judicial power not extended to suits against, by- citizens am. 11 Suits against states by citizens, judicial power not extended to am. 11 Supreme Court, judicial power vested in 3 appellate jurisdiction 3 original jurisdiction 3 Supreme law of the land, what constitutes 6 Taxes, congress may levy and collect 1 capitation or direct, how laid 1 not to be levied on articles exported from any state, 1 Term of office of senators 1 of representatives 1 of president and vice-president 3 of judges 3 Territory of United States , congress has authority over, 4 Title of nobility, not to be granted 1 Treason, person accused of, convicted on testimony of two Tvitnesses 8 what constitutes 3 Treasury, money not, to be drawn from, but by appro- priation 1 Treaties, president to make 2 not to be made by states 1 supreme law of land 6 judicial power to extend to cases arising under. ... 3 Trial by jury, secured j . . . am. 7, 3 where to be had am. 6 Tribunals, congress to establish, inferior to supreme court 1 United States, guarantee to states republican form of government 4 protect states from invasion, etc . 4 not to assume certain debts am. 14 powers not delegated to, reserved am. 10 Unusual punishments prohibited am. 8 Vacancies in house of representatives 1 in senate, filled by governor 1 in office, filled by president 3 Veto, power of the president 1 Vice-president, how elected am. 13 when elected by senate am. 13 to be president of the senate 1 vote in case of a tie 1 term of office 2 to act as president 3 remoyed on impeachment 2 Vote, each senator to have 1 casting, of vice-president 1 when taken by yeas and nays 1 of electors am. 13 right to, not be abridged because of race, color, etc am. 15 Sec. [Ulause Page. 1 1 33 3 1 31 39 39 39 1 1 31 2 2 33 3 3 33 1 3 83 8 1 37 9 4 38 9 6 28 3 1 35 3 1 34 1 1 29 1 1 31 3 3 33 9 7 38 3 1 32 3 1 82 9 6 38 2 3 30 10 1 39 1 3 83 3 1 31 2 3 33,38 38 37 4 . 83 4 33 4 ;;; 41 89 38 3 4 35 3 2 25 2 3 80 7 3 26 39 89 8 4 25 3 4 25 1 1 29 1 6 30 4 1 31 3 1 25 3 4 25 7 3 26 39 1 41 224: Ihdex to the Constitution of the Unitbd States. Art. War, congress to declare 1 rules and articles of 1 no state shaU make 1 Warrants, for searches and seizures not to issue with- out cause and on oath am. 4 Weights and measures, congress to fix standard of . . . 1 Welfare, general, congress to provide for 1 Witness, accused to be confronted with am. 6 against himself, accused not to be am . 5 Writ of habeas corpus, not to be suspended 1 Teas and nays, when to be entered on journal 1 to be taken when passing bill over president's veto, 1 Sec. Clause. Page. 8 11 27 8 14 38 10 3 39 88 8 5 27 8 1 27 88 S8 9 3 28 5 3 26 7 a 26 INDEX TO THE Constitution of the State of New York IN FORCE JANUARY 1, 189S. Sec. 3 Page. 194 6 18 18 135 146 146 11 159 7 13 141 144 Academies : Art. support of 9 Actions : rights of party, in criminal 1 to recover damages for death, not to be abrogated 1 amount recoverable in, for death, not limited 1 Adjournment : neither house to adjourn without consent of other 3 Agricultural land : , general laws may authorize owners to construct drains, etc, , on lands of others 1 lease of, for longer than twelve years, void, when 1 Alienation of lands : restraints on, to be void 1 14 145 Allodial : lands of state are 1 13 144 Amendments : to constitution, manner of proposing, by legislature 14 1 303 conventions to propose 14 3 308 efiFect, when amendments relating to same subject, proposed by legislature and convention, are coinci- dently adopted 14 3 204 Appeals, court of. (See Court of appeals.) Apportionment : subject to review by courts '. 3 5 156 Appropriation laws :■ to be for two years 3 ohall distinctly specify sum and object ; 3 not to contain " riders " 3 governor may veto items in 4 bills, how passed 3 Assembly : of what to consist 3 members, terms 3 how chosen 3 when and how to be apportioned 3 each county to have one 3 Hamilton and Fulton to have but one 3 ratio of apportionment 3 apportionment of 3 compensation of 3 civil appointments of, void 3 when speaker o^, to act as governor 4 29 21 165 31 165 22 166 9 170 25 167 2 151 2 151 5 156 5 156 5 156 5 156 5 156 5 156 6 158 ,8 159 7 170 226 Index to the Hmw Yoek State Constitution. Assembly — (Continued). •^■■'• has power of impeachment 6 to judge of qualiBcations ^ to choose Us own officers 3 to keep journal and publish same 3 to sit with open doors, except, etc 3 not to adjourn without consent of senate 3 members not to be questioned elsewhere for speech or debate 3 majority of, necessary to pass bills 3 (See Legislature.) Attorney-general : when chosen 5 term of, to be two years 5 compensation of, not to be increased or diminished 5 not to receive fees to own use f) term of, elected in 1895, to be three years 5 to be commissioner of land office, of canal fund, and member of canal board 5 Attorney, district. (See District-attorney.) Ayes and noes : ncL'essary on pa sage of bills on tax and appropriation bills to be taken, on removal of judicial officers to be taken on bill creating debt on bills returned by governor, with objecti-ns Bail : excessive, not to be required Ballot : elections to be by, except for town officers, or where legislature prescribes other secret method Banking : legislature not to pass special acts for corporations may be formed for, under general laws . . . individual liability of stockholders billholders of institution for, to be preferred suspension of specie payments not sanctioned Bank notes : to be registered to be preferred in cases of insolvency Betting : on elections, persons excluded from voting Bills : may originate or be amended in either house enacting clause of , to be on desks three days before passage majority vote necessary to passage not to be amended on final passage vote on, to be by yeas and nays private or local, to embrace but one subject, expressed in title not to enact existing law, without inserting it private or local bills, certain, prohibited certain provisions not to apply to bills reported by commissioners passage after veto by governor when becomes law without his signature thirty days bills must be approved creating debt, ayes and noes necessary issued as money, legislature to provide for registry of . . . relating to cities, manner of passage of for tax and appropriations, three-fifths quorum Black Eiver canal, not to be sold, etc Sec. Page. 13 180 10 10 11 11 11 12 15 1 1,2 1 1 159 1.59 159 159 159 160 160 171 173 171 171 17a 173 3 15 IfiO 3 25 167 B 11 179 7 4 185 4 9 170 1 5 135 2 5 148 8 4 189 8 4 189 8 7 190 8 8 190 8 5 190 8 6 190 8 8 190 2 2 147 3 13 160 8 14 160 3 15 160 3 15 160 3 15 160 3 15 160 3 16 160 3 17 163 3 18 163 3 33 166 4 9 170 4 9 170 4 9 170 7 4 185 8 6 igo- 12 2 200 3 25 167 7 8 187 Index to the New York State Constitution. 227 •Board of supervisors . (See Supervisors.) Bookmaking: Art. Sec. Page, prohibited 1 9 143 Borrowing money : state may borrow for casual deficit and 7 3 185 to repel invasion, etc 7 3 185 otherwise only with assent of people 7 4 185 restrictions on municipalities 8 10 191 Bribery : to disfranchise 2 acceptance of bribe by public officer, felony 13 of public ofiBcers 13 person charged with oflfering or receiving bribe may testify in his own behalf 18 acceptance or use of passes or franking privilege pro- hibited .' 13 expenses of prosecution for, chargeable to state 13 Bridges : except over certain waters, to be builtunder general laws, 3 18 162 Brooklyn city court : abolished after 1895 6 jurisdiction transferred to supreme court 6 judges of, to become justices of supreme court 6 disposition of record of 6 appeals from 6 Buffalo superior court : abolished after 1895 6 jurisdiction transferred to supreme court 6 judges of, to become justices of supreme court 6 disposition of records of -. 6 appeals from 6 5 3, .'> 5 5 5 5 2, 5 5 5 5 Canal board : of whom to consist powers and duties of not to allow claim barred by time may cancel contract Canal fund commissioners. (See Commissioners of canal fund.) Canals : legislature not to sell certain canals but may sell Main and Hamburg street canal in Buffalo . funds derived from sale of, to be applied to improvement of no tolls on to be supported by state. contracts for work on contractors may be relieved from onerous contracts may be improved in manner provided by legislature. . . . debt may be contracted for improvement of or tax may be levied Census : when to be taken Circuit courts : abolished after 1895 actions, etc., in, to be transferred to supreme court . . . Cities : credit of, not to be loaned limitations of indebtedness may provide for orphan asylums, etc payments by, to eleemosynary, etc., institutions may be authorized :■••.- credit or money not to be loaned to denominational insti- tutions 9 9 9 9 10 10 10 6 6 10 10 14 147 203 302 202 203 202 177 176 177 177 177 177 176 177 177 177 5 178 6 174 6 186 9 187 8 187 8 187 187 187 187 187 187 188 188 188 155 178 178 191 191 193 14 193 4 195 228 Index to the New Toek State Constitution. Cities — (Continued) : officers of, not provided by constitution, how chosen .... legislature to provide for organization of legislature to restrict power of taxation, etc. classification of laws relative to, general and special special city laws to be sent to mayor to be acted on by city authorities special provisions as to biUs relative to election of officers, when to be held terms of office of officers of terms of officers in office January 1 , 1895 Citizens : not to be disfranchised or deprived of rights or privi- leges, save by law of land may freely express opinions not to be twice put in jeopardy Civil service : appointments in, to be according to fitness soldiers and sailors to be preferred Claims : barred by lapse of time, not to be audited or allowed . . . effect of legal disability oh Convicts : to be employed Criminal cases : no one to be witness against himself Clerk of inferior court : how removed Clerk of court of appeals : office to be at Albany to be appointed by court Clerk of supreme court : county clerk to be Clerks of counties. (See County clerk ) Clerks and registers of New York city : term of removable by governor vacancy, how filled (■'ee Officers; Office.) Colonial laws : what, are laws of this state Commissioners : certain provisions not to apply to bills reported by Commissioners of canal fund : who are powers and duties of Commissioners of land office : who are powers and duties of . .' Commissary-general. (See Militia.) Common law : part of law of this state Common pleas : abolished after 1895 jurisdiction transferred to supreme court judges of, to become judges of supreme court disposition of records of appeals from Common school fund : capital of, to remain inviolate revenue to be applied to support of cummon schools of what to consist , rt. Sec. Page. 10 2 195 12 1 199 13 1 199 12 3 200 13 3 200 12 3 200 12 2 300 12 2 200 13 3 301 12 8 301 12 3 201 1 1 132 1 8 142 1 6 135 5 9 174 5 9 174 7 6 186 7 6 186 3 39 167 1 6 135 6 17 183 6 19 184 6 1 178 19 184 10 10 10 1 1 5 195 195 197 1 16 145 3 23 166 5 5 5 6 173 174 5 5 5 6 173 174 16 145 6 5 177 6 2, 5 176 6 5 177 6 5 177 6 5 177 9 3 194 9 3 194 9 3 194 Index to the New Yoek State Constitution. 229 Common schools : Art. Sec. Page. 1 194 1 171 1, 2 171 171 173 178 legislature to provide for. . . o support of g g jn4 Compensation, (See titles of respective offices!) Comptroller : when chosen 5 term of, to be two years 5 compensation not to be increased or diminished. . ] '. 5 "'I 171 not to receive fees to own use 5 1 term of, elected in 1895, to be three years 5 3 to be commissioner of land office, commissioner of canal fund, and member of canal board g 5 to appoint clerks of prisons ' 5 4 173 Congress : . ' ' persons elected to, ineligible to legislature 3 8 159 Conscience : liberty of, not to justify licentiousness '1 3 134 Constitution : ' amendments to, proposed by legislature 14 1 203 convention to revise and amend 14 2 208 amendments to, on same subject, coincidently adopted . . 14 3 204 when in force ig i 204 Contractors : no extra compensation to j. ^ ^ 187 Convention to revise constitution : when to be held, etc 14 2 203 Coroners. (Not referrrt to in constitution.) Corporations : exclusive rights granted to, to be by general laws 3 may be formed under general laws 8 - and by special act, when legislature deems necessary 8 .dues from, to be secured by individual liability 8 ■what term includes ' 8 L to have right to sue and be sued 8 savings banks' charters to be uniform 8 may be formed for banking purposes under general laws, 8 issuing bank notes, not to suspend specie payments 8 individual liability of stockholders of banking 8 billholders of banking, to be preferred 8 not to furnish passes or free transportation to public officers 13 5 202 (See Banking; Savings banks.) County clerks : to be clerks of supreme court .^ terms of removable by governor 10 vacancies, how fiUed County courts : continued jurisdiction legislature may enlarge or restrict jurisdiction vested with jurisdiction of courts of sessions jurisdiction of, may be conferred on inferior courts . . . County judge : terms of duties salary to be established may hold courts in other counties to act as surrogate, except where separate surrogate . . age limitation vacancies compensation of, not to be increased or diminished 18 162 1 188 1 188 2 189 3 189 3 189 4 189 4 189 5 190 7 190 8 190 6 19 184 10 1 195 10 1 195 10 5 197 6 14 181 6 14 181 6 14 181 6 14 ]81 6 18 183 6 14 181 6 14 181 14 181 6 14 181 6 15 181 6 15 181 6 15 181 6 15 181 Sec. Page. 16 183 19 184 20 184 4 155 18 163 , 10 191 10 191 14 193 7 178 7 178 7 178 7 178 8 178 8 178 9 179 9 179 9 179 19 184 19 184 230 Index to tbk New Yokk State CoNSTiTtrTioN. County judge — {Continued) : Art. local officers may be provided to act as 6 not to practice in counties of over 120,000 6 except in Hamilton county, to be attorney 6 County : not to be divided in forming senate district 3 change of county seat, to be by general lavr 3 loan of credit of, prohibited 8 limitations on incurring indebtedness 8 may provide for orphan asylums, etc 8 payments by, to eleemosynary and reformatory institu- tions may be authorized 8 14 193 credit or money not to be granted to denominational institutions , 9 4 195 officers of, vrhose election or appointment is not provided by constitution, how chosen 10 3 195 (See Supervisors.) Court of appeals : continued 6 of whom to consist 6 quorum of 6 reporter, clerk, attendants 6 jurisdiction not to be suspended, if there is a quorum of judges in office 6 vacancies in 6 jurisdiction of 6 appeals to 6 , legislature may restrict jurisdiction of 6 clerk of, to have office at Albany 6 -clerk of, to receive compensation fixed by law 6 (See Judges of court of appeals.) Court of common pleas. (See Common pleas.) Courts of oyer and terminer : abolished after 1895 6 6 178 Court of sessions : abolished after 1895 6 14 181 jurisdiction transferred to county court 6 14 181 Courts of special sessions : to have such jurisdiction of misdemeanors as legislature may confer 6 23 184 Credit of state : not to be loaned to individuals, corporations or associ- , „ ations J ^ but may be in certain oases for deaf, dumb, etc 8 Crime : infamous, indictment necessary 1 6 135 Death : no limitation of amount recoverable in action to recover damages for 1 18 146 Debate : members of legislature not to be questioned for 3 13 16O Debt : state may contract, to meet casual deficit 7 state may contract, to repel invasions, etc 7 if contracted by state, to be authorized by law for a dis- tinct object 7 law contracting, to be submitted to people 7 ayes and noes to be taken on bill creating 7 legislature may repeal law 7 tax for debt incurred, not repealable 7 act to be submitted to people after three months. ....... 7 1 185 9 191 9 191 2 185 3 185 4 185 4 185 4 185 4 185 4 185 4 185 Index to the New York State Constitution. 231 Debt — {Continued) : ' Art. but not at general election 7 sinking funds for. not to be impaired 7 may be contracted for canals 7 (See cities, villages, towns, counties.) Debts : obligations of, not to be impaired 1 Decisions : legislature to provide for speedy publication of 6 Denominational institutions : not to receive public money or credit 9 District-attorneys : terms of 10 removable by governor 10 removal^ of, for failures to prosecute for bribery 13 District court judges : may be elected in different cities 6 Districts. (See Assembly, Senate, Judicial districts.) Divorce : to be granted only by due judicial proceedings 1 Due process of law : person not to be deprived of life, liberty or property without 1 Duration of o£Blce : when not fixed by law 10 Elections : to be by ballot or other secret method 2 ' of town officers, need not be by ballot 2 boards of, to be bi-partisan, except in towns and villages, 2 when to be held 3 (See titles of offices.) Electors : who are, qualifications 3 absent, in a'-my or navy, how to vote 2 disqualification 2 what constitutes residence 2 Enacting clause of bills : form of 3 Engineer. (See State engineer.) Enumeration of inhabitants : when to be taken 3 Erie canal : no tolls on 7 not to be sold, leased, etc 7 Escheats : when lands escheat 1 Executive power : vested in governor 4 Extra compensation : to contractors, not allowed \ i^ Fees : I laws increasing or decreasing, etc., to be general 3 judicial officers, except justices of peace, not to receive. . 6 no state officer to receive 10 Feudal tenures : abolished '■ Fines : excessive, not to be imposed j on grants of land, void 1 Sec. 4 5 10 Page. 185 186 188 17 146 31 184 4 195 1 1 6 195 195 202 17 183 9 140 6 135 8 197 5 148 5 148 6 148 9 159 146 146 147 147 14 160 155 9 8 187 187 10 143 1 168 38 9 168 187 18 20 9 162 184 198 11 144 5 14 185 145 232 Index to the ITew Tokk State Constitcttion. Forest preserve : Art. Sec. Page, to be preserved 7 7 187 rreedom of speech : press, secured 1 8 142 religion. 1 3 133 Funds. (See Sinking fund, Common school fund, Litera- ture fund, U. 8. deposit fund.) Gambling : prohibited Gauging : office for, aboUshed Governor : term of term of, elected in 1894 persons eligible as times and places of election in case of tie vote for, legislature to decide to be commander-in-chief ' may convene legislature in extraordinary session shall coinmunicate by message with legislature general powers salary and residence may grant pardons, etc . , except for treason and impeach- ment . : in treason cases, may suspend sentence shall communicate to legislature each case of pardon, etc to continue as commander-in-chief, .though without the state when president of senate to act as when speaker of assembly to act as powers and duties of, in relation to signing and vetoing of biUs may remove certain county ofiSxjers to appoint certain militia officers 11 to commission militia officers powers of, relative to removal of militia officers 11 may remove district-attorney for failure to prosecute bribery cases Grants : certain, with rents reserved, void from king of Great Britain Habeas corpus: writ of, not to be suspended . Hamilton county : legislature may aboUsh Impeachment : assembly to have power of concurrence of two-thirds necessary court for trial of, of whom composed judgment of, to what to extend members of court to be sworn . of governor or lieutenant-governor ; lieutenant-governor not to act on trial of Indians : contract for purchase of land of, when void Indictment : no person to be tried without person convicted on impeachment, liable to 1 9 143 5 8 174 4 1 168 4 1 168 4 3 168 4 3 168 4 3 168 4 4 169 4 4 169 4 4 169 4 4 169 4 4 169 4 5 169 4 5 169 4 5 169 4 6 170 4 7 170 4 7 170 4 9 170 10 1 195 11 4 199 11 6 199 11 6 199 13 6 203 1 13 144 1 17 146 1 4 134 3 5 156 6 13 180 6 13 180 6 13 180 6 13 180 6 18 180 13 180 15 145 6 13 135 180 Index to the New Yoek State CoNSTiTUTioif. 233 Infamous crime : Art not to answer for, unless on indictment persons guilty of, may be deprived of right to vote 2 Inferior local courts: removal of judges of ; clerks of may be establisned legislature may confer on, any jurisdiction of county courts Inspeption : all offices for, abolished, and not to be created Inspectors : board to be bi-partisan Interest : laws regulating, to be general Invasion : debt may be created to repel t 1 2 Sec. 6 3 Page. 135 147 6 6 17 18 182 183 6 18 183 5 8 144 2 6 148 3 18 163 7 3 185 Jeopardy : person not to be put twice in Journals : each house of legislature to keep yeas and nays, when to be entered in objections of governor to be entered on Judge : removal of .' limitation of age of , compensation Judge of court of appeals : term of vacancies in office of not to hold any other office of public trust votes given for, for other than judicial office, void removal of compensation of, not to be increased or diminished age limitation compensation after seventy years of age not to practice as attorneys eligibihty , (See Court of appeals.) Judges of inferior courts : removal of clerks of, removal of not to practice as attorney if judge of certain courts . . Judicial decisions : free for publication Judicial departments: creation of Judicial districts: continued, when legislature may alter Jurors : laws for selecting, etc. , of, to be general Jury: trial by, to remain inviolate when may be waived indictment of grand, necessary for infamous crime judge of law and fact, in libel cases to assess property, where road is laid out Justices of peace : to be elected, terms of. vacancies number and classification to be regulated by law removal of to hold office until expiration of terms 30 135 3 11 159 3 15 160 4 9 170 6 11 179 6 12 180 6 12 180 6 7 178 6 8 178 6 10 179 6 10 179 6 11 179 6 13 180 6 13 180 6 12 180 6 20 184 6 20 184 6 17 183 6 17 182 6 20 184 6 21 184 6 2 176 6 1 175 3 18 162 2 133 3 133 6 135 8 143 7 141 6 17 182 6 17 182 6 17 182 6 17 182 6 23 184 234 Index to the ISTew York State Constitotion. Justices of supreme court : Art. number of 6 twelve additional, to be chosen ., 6 designation of, to act in appellate division 6 not to sit in review of decision made by him 6 terms of 6 vacancies in office of 6 judges of certain courts become, after 1895 6 may hold court in any county 6 not to hold any other public trust 6 votes for, for other than judicial offices, void 6 removal of 6 compensation of, not to be increased or diminished 6 age limitation 6 compensation after seventy years of age 6 of appellate division, may appoint clerk 6 not to practice as attorneys 6 eUgibiUty 6 (See Supreme court.) King of Grreat Britain : grants of lands by. 1 Sec. Page. Larceny : petit, indictment not necessary Land office : commissioners of Land purchases from Indians : void, unless, etc Land: of state, people possess original property in all lands in state are allodial certain restraints on alienation of, void contracts with Indians for sale of, when void grants by king of England, when void low, acts for draining, to be general forest preserve to be protected and preserved Law and equity : supreme court of Laws: to be enacted by bill only general, may authorize construction of drain by owners of agricultural lands on land of others what constitutes law of state existing, not to be enacted without being inserted which impose or revive tax, to distinctly state it relative to cities, special provisions as to 12 (See Bills.) Lease : of agricultural land for more than twelve years Legislature : to pass laws prohibiting pool-selUng, etc may abolish Hamilton county compensation of members of members of, not to receive civil appointment who ineligible to when members of, to be elected quorum of each house each house to determine rules of proceeding each house to judge of qualification of its members each house of, to keep journals. doors of each house, when to be kept open neither house to adjourn without consent of other members of, not to be questioned for speech or debate in. 1 1 3 3 4 4 5 6 10' 10 11 13 12 13 19 30 20 175 175 176 177 177 177 177 178 179 179 179 lt-0 180 180 184 184 184 17 146 6 135 5 5 173 1 15 145 10 148 13 144 14 145 15 145 17 146 3 18 162 7 7 187 1 175 14 160 1 16 145 3 17 163 3 24 166 .3 2 200 13 144 1 9 143 3 5 156 3 6 158 8 7 159 3 8 159 3 9 159 3 10 159 3 10 159 3 10 159 3 11 159 3 11 159 3 11 159 3 13 160 IWDEX TO THE TTeW YoKK StATE CONSTITUTION. 235 Legislature — {Continued) : Art. bills may originate in either house either house of, may amend bills majority of each house necessary to pass bill 3 restrictions on passage of private or local bills .\ not to audit or allow private claims when two-thirds vote of, necessary when yeas and nays to be taken when three-fifths necessary for quorum shall confer powers of local legi-lation on boards of supervisors must not grant extra coaipensation shall provide for employment of prisoners to decide, in case of tie vote for governor or lieutenant- governor may be convened in extraordinary session by governor. . may alter judicial districts may alter judicial departments may alter and regulate proceedings in law and equity. . . may prohibit county judges and surrogates practicing as attorneys , not to allow claim barred by statute oflimitations may provide for blind, deaf and dumb, and juvenile delinquents when to meet (See Assembly; Senate; Bills; Laws; Ayes and noes; Two-thirds.) Liability : of corporations and stockholders of stockholders of banking institutions Libel: truth may be given in evidence , law and facts to be determined by jury Liberty of conscience : not to justify acts of hcentiousness Lieutenant-governor : term of term of, elected in 1894 person eUgible as -j times and places of, election of in case of tie vote for, legislature to decide to act as governor, in case of vacancy in office. , to be president of senate and have casting vote who to act as, if impeached, refuses to act, or acts as governor compensation of Life and liberty : due process of law necessary to deprive of r. .. 1 6 135 Limitation of claims : against the state 7 6 186 Literature fund : capital to be inviolate 9 3 194 revenue of, to be applied to support of academies 9 3 194 Local bills : to embrace but one subject, expressed in title 3 16 160 not to be passed, relating to certain subjects 3 18 163 Local judicial officers : to hold office until expiration of terms 6 32 184 legislature may provide not to exceed two, to act as county judge or surrogate ... 6 16 182 t. Sec. Page. 3 13 160 8 18 160 3 15 160 3 16 160 3 18 163 3 19 164 3 20 165 8 35 167 8 35 167 8 27 167 3 28 168 3 29 168 4 3 168 4 4 169 6 1 175 6 3 176 6 3 177 6 20 184 7 6 186 8 14 198 10 6 197 8 3 189 8 7 190 1 8 142 1 8 142 1" 3 134 4 1 168 4 1 168 4 2 168 4 7 170 4 8 168 4 8 168 4 6 170 4 7 170 3 10 159 4 8 170 236 Index to the New Yoke State Constitution. Local legislation : Art. powers of may be conferred on supervisors 3 Lotteries : prohibited 1 Majority : of each house, necessary for quorum 3 necessary to pass bills 3 Measures and weights : how supplied 5 Measuring : offices for, abolished 5 Message : governor to communicate, to legislature 4 objections to bill 4 Militia : who constitute 11 legislature may provide for enUstments 11 land and naval forces, active and reserve 11 legislature to provide for 11 governor to appoint certain commissioned officers 11 other officers to be appointed as legislature directs 11 commissions 11 removal of commissioned officers 11 Money : bills and notes issued as, to be registered 8 specie payments, not to be j-uspended 8 not to be paid out of treasury, without appropriation ... 3 Municipal corporations : may be created by special acts 8 (See Counties; Cities ; Villages and Towns.) Municipalities : restrictions of taxation; incurring of debts; expenditure of money 8 Names : acts changing, to be general 3 New York city : common council of, to have powers ■ and duties of supervisors •. . 3 election of officers in, when held 13 (See Common pleas; Superior court of New York.) New York superior court. (See Superior court of New York.) Sec. Page 37 167 9 43 10 159 15 160 8 174 8 174 4 159 9 170 1 198 2 198 3 198 3 198 4 199 5 199 6 199 6 199 6 190 5 190 21 165 188 10 191 18 163 36 3 167 301 Oath: constitutional, form of 13 Officers : laws increasing, etc. , fees of, to be general 3 judicial, not to receive fees 6 county, not provided by constitution, how chosen 10 city, town and county, not provided by constitution, how chosen 10 other officers, how chosen 10 time of electing, to be prescribed by law 10 vacancies. 10 person appointed to fill vacancy in elective office, to hold untilJanuary flr?t 10 provision to be made for removal of, for misconduct 10 where salary is fixed by constitution, to receive no additional 10 other officers to receive fixed salary 10 which shall not be increased or diminished 10 not to receive fees to own use , '. lo 1 301 18 162 30 184 2 195 195 195 197 197 197 198 198 198 198 198 Sec. Page. 3 201 3 201 3 302 3 202 5 202 5 202 8 174 3 197 3 197 5 197 7 198 8 198 1 201 5 169 5 169 5 202 2 189 7 190 Index to the New Yoek State Constitution. 237 Officers — (Oontinned) : Art. city, when to be elected 12 terms of city, in office January 1, 1895 13 accepting bribp for official action, guilty of felony 13 bribery of public . fficers 13 public, not to accept passes or franking privileges 13 use of, constitutes misdemeanor 33 for weighing, insp .'cting, etc. , abolished 5 (See title of respective officers.) Office: duration of, may be declared by law 10 when not declared, to be held during authority making appointment 10 V3,cancies in, legislature to provide for filling 10 provisions to be made for removal froin ] legislature may declare when vacant 10 oath of, form of 13 Oyer and terminer. (See Court of oyer and terminer.) Pardons and commutations : powers of governor relative to 4 governor to communicate to legislature all cases of 4 Passes : acceptance or use of, by public officer a misdemeanor. . . 13 Personal liability : of stockholders and corporators 8 of banking institutions 8 Petition : right of, guaranteed , 1 9 143 Political year : to begin January first 10 6 197 Pool selling : • prohibited 1 9 143 President of senate : when to act as governor 4 pro tempore, when chosen 8 Press : liberty of ._ 1 Prisons : contract system in, abolished ' 3 legislature to provide for employment of convicts 8 officers of, how appointed , 5 superintendent, appointment of, etc 5 Private or local bill : to embrace but one subject, expressed in title" 3 not to be passed in certain cases 3 certain, prohibited 3 Private road : , may be opened 1 necessity of, and damages for, ascertained 1 Property : private, due process of law necessary 1 not to be taken for public use without compensation . . 1 manner of ascertaining compensation for, where taken for public use 1 public, applied to local purposes, requires two-thirds vote, 3 Public money or property : for local purposes requires t