This is ready to go JW 1.7.02 *** CSTART NY 1/1/1846 1/1/1894 *** CONSTITUTION OF NEW YORK 1846 *** ASTART 9001.0 NY 1846 *** We the people of the State of New York, grateful to the almighty God for our freedom: in order to secure its blessings, do establish this Constitution. *** AEND *** *** ASTART 001.0 NY 1846 *** *** SSTART 001.0 001.0 0 NY 1846 *** 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. *** SEND *** *** SSTART 002.0 001.0 0 NY 1846 *** SEC 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. *** SEND *** *** SSTART 003.0 001.0 0 NY 1846 *** SEC 3. The free exercise and enjoyment of religious profession and worship, without discrimination or reference, 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. *** SEND *** *** SSTART 004.0 001.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 005.0 001.0 0 NY 1846 *** SEC. 5. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel and unusual punishment be inflicted, nor shall witnesses be unreasonably detained. *** SEND *** *** SSTART 006.0 001.0 0 NY 1846 *** SEC. 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 offence; 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. *** SEND *** *** SSTART 007.0 001.0 0 NY 1846 *** SEC. 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 commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road, and the amount of all damage to be sustained by the opening thereof, shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. *** SEND *** *** SSTART 008.0 001.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 009.0 001.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 010.0 001.0 0 NY 1846 *** SEC. 10. No law shall be passed, abridging the right of the people peaceably to assemble and to petition, on the government, or any department thereof, nor shall any office 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. *** SEND *** *** SSTART 011.0 001.0 0 NY 1846 *** SEC. 11. The People of this State, in their right of sovereignty, are deemed to possess the original and ultimate property in and to all lands within the jurisdiction of the State; and all lands the title to which shall fall, from a defect of-heirs, shall revert, or escheat to the people. *** SEND *** *** SSTART 012.0 001.0 0 NY 1846 *** Sect. 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 t1ine heretofore have been lawfully created or reserved. *** SEND *** *** SSTART 013.0 001.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 014.0 001.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 015.0 001.0 0 NY 1846 *** SEC. 15. All fines, quarter sales, or other like restraints upon alienation reserved in any grant of land, hereafter to be made, shall be void. *** SEND *** *** SSTART 016.0 001.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 017.0 001.0 0 NY 1846 *** SEC. 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 clay 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 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 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 commissioners; and shall also provide for the publication of the said code, prior to its being presented to the Legislature for adoption. *** SEND *** *** SSTART 018.0 001.0 0 NY 1846 *** SEC. 18. All grants of land within this State, made by the King of Great Britain, or persons acting tinder 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 contracted by this State, or individuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of actions, or other proceedings in courts of justice. *** SEND *** *** AEND *** *** ASTART 002.0 NY 1846 *** ARTICLE II *** SSTART 001.0 002.0 0 NY 1846 *** SECTION 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 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 elective by the people; but such citizen shall have been for thirty days next preceding the election, a resident of the district 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 hundred 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 he subject to direct taxation unless he shall be seized and possessed of such real estate as aforesaid. *** SEND *** *** SSTART 002.0 002.0 0 NY 1846 *** SEC. 2. Laws may be passed excluding from the right of suffrage all persons who have been or may be convicted of bribery, of larceny, or of any infamous crime; and for depriving every person who shall make, or become directly or indirectly interested in any bet or wager depending upon the result of any election from the right to vote at such election. *** SEND *** *** SSTART 003.0 002.0 0 NY 1846 *** SEC. 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 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. *** SEND *** *** SSTART 004.0 002.0 0 NY 1846 *** SEC. 4. Laws shall be made for ascertaining by proper proofs the citizens who shall be entitled to the right of suffrage hereby established. *** SEND *** *** SSTART 005.0 002.0 0 NY 1846 *** SEC. 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. *** SEND *** *** AEND *** *** ASTART 003.0 NY 1846 *** ARTICLE III *** SSTART 001.0 003.0 0 NY 1846 *** SECTION 1. The legislative power of this State shall be vested in a Senate and Assembly. *** SEND *** *** SSTART 002.0 003.0 0 NY 1846 *** SEC. 2. The Senate shall consist of thirty-two members, and the Senators shall be chosen for two years. The Assembly shall consist of one hundred and twenty-eight members, who shall be annually elected. *** SEND *** *** SSTART 003.0 003.0 0 NY 1846 *** SEC. 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, Richmond and Queens. District number two (2) shall consist of the county of Kings. Districts number three (3) number four (4) number five (5) and number 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 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, 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. 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 Washington 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. Lawrence and Franklin. District number sixteen (16) shall consist of the counties of Herkiner, Hamilton, Fulton and Montgomery. District number seventeen (17) shall consist of the counties of Schoharie 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 Ontario and Livingston. 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. *** SEND *** *** SSTART 004.0 003.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 005.0 003.0 0 NY 1846 *** SEC. 5. The members a Assembly shall be apportioned 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 Assembly 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 consist of convenient and contiguous territory; but no town shall be divided in the formation of Assembly districts. The Legislature, at its first session after the return of every enumeration, shall re-apportion the members of Assembly among the several counties of this State, in manner aforesaid, and the boards of supervisors in such counties as may be entitled, under such reapportionment, to more than one member, shall assemble at such time as the Legislature making such re-apportionment shall prescribe, and divide the counties into Assembly districts, in the manner herein directed; and the apportionment and districts so to be made, shall remain unaltered 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 be hereafter 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. *** SEND *** *** SSTART 006.0 003.0 0 NY 1846 *** SEC. 6. The members of the Legislature shall receive for their services a sum not exceeding three dollars a day, from the commencement of the session; but such pay shall not exceed in the aggregate three hundred dollars for 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 convened 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 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 office receive an additional compensation equal to one-third of his per diem allowance as a member. *** SEND *** *** SSTART 007.0 003.0 0 NY 1846 *** SEC. 7. No member of the Legislature shall receive any civil appointment within this State, or to the Senate of the United States, from the Governor, 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 appointment, shall be void. *** SEND *** *** SSTART 008.0 003.0 0 NY 1846 *** SEC. 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 Legislature. 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. *** SEND *** *** SSTART 009.0 003.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 010.0 003.0 0 NY 1846 *** SEC. 10. A majority of each house shall constitute 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, when the Lieutenant-Governor shall not attend as president, or shall act as Governor. *** SEND *** *** SSTART 011.0 003.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 012.0 003.0 0 NY 1846 *** SEC. 12. For any speech or debate in either house of the Legislature, the members shall not he questioned in any other place. *** SEND *** *** SSTART 013.0 003.0 0 NY 1846 *** SEC. 13. Any bill may originate in either house of the Legislature, and all bills passed by one house may be amended by the other. *** SEND *** *** SSTART 014.0 003.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 015.0 003.0 0 NY 1846 *** SEC. 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 reading, and the yeas and nays entered on the journal. *** SEND *** *** SSTART 016.0 003.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 017.0 003.0 0 NY 1846 *** SEC. 17. 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. *** SEND *** *** AEND *** *** ASTART 004.0 NY 1846 *** ARTICLE IV *** SSTART 001.0 004.0 0 NY 1846 *** SECTION 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. *** SEND *** *** SSTART 002.0 004.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 003.0 004.0 0 NY 1846 *** SEC. 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 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. *** SEND *** *** SSTART 004.0 004.0 0 NY 1846 *** SEC. 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. 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, receive for his services a compensation to be established by law, which shall neither be increased nor diminished after his election and during his continuance in office. *** SEND *** *** SSTART 005.0 004.0 0 NY 1846 *** SEC. 5. The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offences except treason and cases of impeachment, upon such conditions, and with such restrictions 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 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 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. *** SEND *** *** SSTART 006.0 004.0 0 NY 1846 *** SEC. 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 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-chief of all the military force of the State. *** SEND *** *** SSTART 007.0 004.0 0 NY 1846 *** SEC. 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 only have 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. *** SEND *** *** SSTART 008.0 004.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 009.0 004.0 0 NY 1846 *** SEC. 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, notwithstanding the objections of the Governor. But in all such cases, the votes of both houses shall be determined by yeas 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 manner as if be had signed it, unless the Legislature shall, by their adjournment, prevent its return; in which case it shall not be a law. *** SEND *** *** AEND *** *** ASTART 005.0 NY 1846 *** ARTICLE V *** SSTART 001.0 005.0 0 NY 1846 *** SECTION 1. The Secretary of State, Comptroller, Treasurer and Attorney 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 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. *** SEND *** *** SSTART 002.0 005.0 0 NY 1846 *** SEC. 2. A State Engineer and Surveyor shall be chosen at a general election, and shall hold his office two years, but no person shall be elected to said office who is not a practical engineer. *** SEND *** *** SSTART 003.0 005.0 0 NY 1846 *** SEC. 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 by 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. *** SEND *** *** SSTART 004.0 005.0 0 NY 1846 *** SEC. 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 the 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 prison, 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. *** SEND *** *** SSTART 005.0 005.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 006.0 005.0 0 NY 1846 *** SEC. 6. The powers and duties of the respective boards, and of the several offices in this Article mentioned, shall be such as now are or hereafter may be prescribed by law. *** SEND *** *** SSTART 007.0 005.0 0 NY 1846 *** SEC. 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 competent person to discharge the duties of the office, during such suspension of the Treasurer. *** SEND *** *** SSTART 008.0 005.0 0 NY 1846 *** SEC. 8. All offices for the weighing, gauging, measuring, culling or inspecting any merchandize, 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. *** SEND *** *** AEND *** *** ASTART 006.0 NY 1846 *** ARTICLE VI *** SSTART 001.0 006.0 0 NY 1846 *** SECTION 1. The Assembly shall have the power of impeachment, by the, vote of a 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 he shall have been impeached, until he shall have been acquitted. Before the trial of an impeachment, 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 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 according to law. *** SEND *** *** SSTART 002.0 006.0 0 NY 1846 *** SEC. 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 designating 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. *** SEND *** *** SSTART 003.0 006.0 0 NY 1846 *** SEC. 3. There shall be a Supreme Court having general jurisdiction in law and equity. *** SEND *** *** SSTART 004.0 006.0 0 NY 1846 *** SEC. 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 with the number of such judges in the residue of the State in proportion 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. *** SEND *** *** SSTART 005.0 006.0 0 NY 1846 *** SEC. 5. The Legislature shall have the same powers to alter and regulate the jurisdiction and proceedings in law and equity, as they have heretofore possessed. *** SEND *** *** SSTART 006.0 006.0 0 NY 1846 *** SEC. 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. And 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. *** SEND *** *** SSTART 007.0 006.0 0 NY 1846 *** SEC. 7. The Judges of the Court of Appeals and justices of the Supreme Court shall severally receive at stated times for their services, a compensation to be established by law, which shall not be increased or diminished during their continuance in office. *** SEND *** *** SSTART 008.0 006.0 0 NY 1846 *** SEC. 8. They shall not hold any other office or public trust. All votes for either of them, for any elective office (except that of Justice of the Supreme Court or judge of the Court of appeals), given by the Legislature, 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. *** SEND *** *** SSTART 009.0 006.0 0 NY 1846 *** SEC .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 general and special terms of the Supreme Court within the several districts, and the circuit courts and courts of oyer and terrniner within the several counties, shall be provided for by law. *** SEND *** *** SSTART 010.0 006.0 0 NY 1846 *** SEC. 10. The testimony in equity cases shall be taken in like manner as in cases at law. *** SEND *** *** SSTART 011.0 006.0 0 NY 1846 *** SEC. 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 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 complaint 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. *** SEND *** *** SSTART 012.0 006.0 0 NY 1846 *** SEC. 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 electors of the several judicial districts, at such times as may be prescribed by law. *** SEND *** *** SSTART 013.0 006.0 0 NY 1846 *** SEC. 13. In case the office of any judge of the Court of Appeals, or justice 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. *** SEND *** *** SSTART 014.0 006.0 0 NY 1846 *** SEC. 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 perform 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 civil 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 jurisdiction 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 them allowance out of the county treasury. In counties having a population exceeding forty thousand, the Legislature 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 civil and criminal jurisdiction, may be established by the Legislature in cities; and such courts, except for the cities of New-York and Buffalo, shall have an uniform organization and jurisdiction in such cities. *** SEND *** *** SSTART 015.0 006.0 0 NY 1846 *** SEC. 15. 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. *** SEND *** *** SSTART 016.0 006.0 0 NY 1846 *** SEC. 16. The Legislature may reorganize the judicial districts at the first session after the return of every enumeration under this Constitution, 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. *** SEND *** *** SSTART 017.0 006.0 0 NY 1846 *** SEC. 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 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 in their defence by such county, city or state courts as may be prescribed by law, for causes to be assigned in the order of removal. *** SEND *** *** SSTART 018.0 006.0 0 NY 1846 *** SEC. 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 in such manner as the Legislature may direct. *** SEND *** *** SSTART 019.0 006.0 0 NY 1846 *** SEC. 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 for 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. *** SEND *** *** SSTART 020.0 006.0 0 NY 1846 *** SEC. 20. No judicial officer, except justices of the peace shall receive to his own use, any fees or perquisites of office. *** SEND *** *** SSTART 021.0 006.0 0 NY 1846 *** SEC. 21. The Legislature may authorize the judgments decrees and decisions of any local inferior court of record of original civil jurisdiction, established in a city, to be removed for review directly into the Court of Appeals. *** SEND *** *** SSTART 022.0 006.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 023.0 006.0 0 NY 1846 *** SEC. 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 to render judgment to be obligatory on the parties, except they voluntarily submit their matters in difference and agree to abide the judgement, or assent thereto, in the presence of such tribunal, in such cases as shall be prescribed by law. *** SEND *** *** SSTART 024.0 006.0 0 NY 1846 *** SEC. 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 and practice, pleadings, form 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. *** SEND *** *** SSTART 025.0 006.0 0 NY 1846 *** SEC. 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 the Court for the Correction of Errors, 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. *** SEND *** *** AEND *** *** ASTART 007.0 NY 1846 *** ARTICLE VII *** SSTART 001.0 007.0 0 NY 1846 *** SECTION 1. After paying the expenses of collection, superintendance and ordinary repairs, there shall be appropriated and set apart in each fiscal year, out of the revenues of the State canals, commencing 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 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 thousand 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. *** SEND *** *** SSTART 002.0 007.0 0 NY 1846 *** SEC. 2. After complying with the provisions of the first section of this article, there shall be appointed and set apart out of the surplus revenues 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 hundred thousand dollars in each fiscal year, as a sinking fund, to pay the interest and redeem the principal to that part of the State debt called the General Fund debt, including the debt for loans of the State credit to rail road 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 of aforesaid; and if the payment of any part of the monies 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. *** SEND *** *** SSTART 003.0 007.0 0 NY 1846 *** SEC. 3. After paying the said expenses of superintendance 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 remainder 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 Canal 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 debt shall be extinguished, or until the Erie Canal enlargement and Genessee Valley and Black River Canals shall be completed, and after that debt shall be paid, or the said canals shall be completed, then the sun 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. *** SEND *** *** SSTART 004.0 007.0 0 NY 1846 *** SEC. 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 fulfilment of any condition of any release or compromise heretofore made or provided for, may be extended by law. *** SEND *** *** SSTART 005.0 007.0 0 NY 1846 *** SEC. 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 call be done consistently with the just rights of the creditors holding the said canal debt. *** SEND *** *** SSTART 006.0 007.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 007.0 007.0 0 NY 1846 *** SEC. 7. 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 therefrom in other lands alike convenient; but by such sale and purchase the aggregate quantity of these lands shall not be diminished. *** SEND *** *** SSTART 008.0 007.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 009.0 007.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 010.0 007.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 011.0 007.0 0 NY 1846 *** SEC. 11. 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 to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever. *** SEND *** *** SSTART 012.0 007.0 0 NY 1846 *** SEC. 12. Except the debts specified in the tenth and eleventh sections of this article, no debt shall be hereafter contracted by or only 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 due, and also 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 herein before 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 authorising 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. *** SEND *** *** SSTART 013.0 007.0 0 NY 1846 *** SEC. 13. 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. *** SEND *** *** SSTART 014.0 007.0 0 NY 1846 *** SEC. 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 trust money or property, or releases, discharges, or commutes any claim or demand of the State, the question shall be taken by ayes and noes, 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. *** SEND *** *** AEND *** *** ASTART 008.0 NY 1846 *** ARTICLE VIII *** SSTART 001.0 008.0 0 NY 1846 *** 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 under general laws. All general laws and special acts pursuant to this section, may be altered from time to time or repealed. *** SEND *** *** SSTART 002.0 008.0 0 NY 1846 *** SEC. 2. Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law. *** SEND *** *** SSTART 003.0 008.0 0 NY 1846 *** SEC. 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 site and shall be subject to be sued in all courts in like cases as natural persons. *** SEND *** *** SSTART 004.0 008.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 005.0 008.0 0 NY 1846 *** SEC. 5. The Legislature shall have no power to pass any law sanctioning in any manner, directly or indirectly, the suspension of specie payments, by any person, association or corporation issuing bank notes of any description. *** SEND *** *** SSTART 006.0 008.0 0 NY 1846 *** SEC 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. *** SEND *** *** SSTART 007.0 008.0 0 NY 1846 *** SEC. 7. The stockholders in every corporation and joint-stock association for banking purposes, issuing bank notes or any kind of paper credits 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 the said first day of January, one thousand eight hundred and fifty. *** SEND *** *** SSTART 008.0 008.0 0 NY 1846 *** SEC. 8. In case of the insolvency of any bank or banking association, the bill-holders thereof shall be entitled to preference in payment, over all other creditors of such bank or association. *** SEND *** *** SSTART 009.0 008.0 0 NY 1846 *** SEC. 9. It shall be the duty of the Legislature to provide for the organization of cities and incorporated 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 municipal corporations. *** SEND *** *** AEND *** *** ASTART 009.0 NY 1846 *** ARTICLE IX *** SSTART 001.0 009.0 0 NY 1846 *** SECTION 1. The capital of the Common School Fund; the capital of the Literature Fluid, and the capital of the United States Deposite Fund, shall be respectively preserved inviolate. The revenue 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 Deposite Fund shall each year be appropriated to and made a part of the capital of the said Common School Fund. *** SEND *** *** AEND *** *** ASTART 010.0 NY 1846 *** ARTICLE X *** SSTART 001.0 010.0 0 NY 1846 *** SECTION 1. Sheriffs, clerks of counties, including the register and clerk of the city and county of New-York, coroners, and district attorneys, 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 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 defence. *** SEND *** *** SSTART 002.0 010.0 0 NY 1846 *** SEC. 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 Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, 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 Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct. *** SEND *** *** SSTART 003.0 010.0 0 NY 1846 *** SEC. 3. When the duration of any office, is not provided 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. *** SEND *** *** SSTART 004.0 010.0 0 NY 1846 *** SEC. 4. The time of electing all officers named in this article shall be prescribed by law. *** SEND *** *** SSTART 005.0 010.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 006.0 010.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 007.0 010.0 0 NY 1846 *** SEC. 7. Provisions 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. *** SEND *** *** SSTART 008.0 010.0 0 NY 1846 *** SEC. 8. The Legislature may declare the cases in which any office shall be deemed vacant, where no provision is made for that purpose in this Constitution. *** SEND *** *** AEND *** *** ASTART 011.0 NY 1846 *** ARTICLE XI *** SSTART 001.0 011.0 0 NY 1846 *** SECTION 1. 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 therefrom, upon such conditions as shall be prescribed by law. *** SEND *** *** SSTART 002.0 011.0 0 NY 1846 *** SEC. 2. Militia officers shall be chosen, or a pointed, 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 battalions; brigadier-generals and brigade inspectors 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 to their respective divisions, brigades, regiments, or separate battalions. *** SEND *** *** SSTART 003.0 011.0 0 NY 1846 *** SEC. 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 aids-de-camp of the commander-in-chief shall be appointed by the Governor, and their commisions shall expire with the time for which the Governor shall have been elected. The commissary 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. *** SEND *** *** SSTART 004.0 011.0 0 NY 1846 *** SEC. 4. The Legislature shall, by law, direct the time and manner of electing militia officers, and of certifying their elections to the Governor. *** SEND *** *** SSTART 005.0 011.0 0 NY 1846 *** SEC. 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. *** SEND *** *** SSTART 006.0 011.0 0 NY 1846 *** SEC. 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. *** SEND *** *** AEND *** *** ASTART 012.0 NY 1846 *** ARTICLE XII *** SSTART 001.0 012.0 0 NY 1846 *** SECTION 1. Members of the Legislature and all officers, 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 subscribe 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 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 qualification for any office or public trust. *** SEND *** *** AEND *** *** ASTART 013.0 NY 1846 *** ARTICLE XIII *** SSTART 001.0 013.0 0 NY 1846 *** 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 published for three months previous to the time of making such choice, and if in the Legislature so next chosen, 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, in such manner and at 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 Legislature, voting thereon, such amendment or amendments shall become part of the Constitution. *** SEND *** *** SSTART 002.0 013.0 0 NY 1846 *** SEC. 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 election, shall decide in favor of a Convention for such purpose, the Legislature at its next session, shall provide by law for the election of delegates to such Convention. *** SEND *** *** AEND *** *** ASTART 014.0 NY 1846 *** ARTICLE XIV *** SSTART 001.0 014.0 0 NY 1846 *** 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, shall hold their offices until and including the thirty-first day of December following, and no longer. *** SEND *** *** SSTART 002.0 014.0 0 NY 1846 *** SEC. 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 office when this Constitution shall take effect, shall hold their respective offices Until and including the thirty-first day of December of that year. *** SEND *** *** SSTART 003.0 014.0 0 NY 1846 *** SEC. 3. The Secretary of State, Comptroller, Treasurer, Attorney General, District-Attorney, Surveyor-General, Canal Commissioners, and inspectors of State prisons in office when this Constitution shall take effect, shall hold their respective offices until and including the thirty-first day of December, one thousand eight hundred and forty-seven, and no longer. *** SEND *** *** SSTART 004.0 014.0 0 NY 1846 *** SEC. 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 prescribed 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. *** SEND *** *** SSTART 005.0 014.0 0 NY 1846 *** SEC. 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 proceedings originally commenced and then pending in any court of common pleas, (except in the city and county of New-York) shall become vested in the Supreme Court hereby established. Proceedings pending in courts of common pleas and in suits originally commenced in justices 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 over 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 over and terminer, and also of all indictments and proceedings then pending in the present courts of general 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 proceedings the courts of sessions hereby established shall have jurisdiction on and after the day last mentioned. *** SEND *** *** SSTART 006.0 014.0 0 NY 1846 *** SEC. 6. The Chancellor and the present Supreme Com-t 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 office in the court of chancery, so long as the Chancellor shall continue to exercise the functions of his office under the provisions of this Constitution. And the Supreme Court hereby established shall also have power to hear and determine such of said suits and proceedings as may be prescribed by law. *** SEND *** *** SSTART 007.0 014.0 0 NY 1846 *** SEC. 7. In case any vacancy shall occur in the office of chancellor or justice of the present Supreme Court, previously to the first day of July, one thousand eight hundred and forty-eight, the Governor may nominate, 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. *** SEND *** *** SSTART 008.0 014.0 0 NY 1846 *** SEC. 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 Monday of July, one thousand eight hundred and forty-seven, (1847). *** SEND *** *** SSTART 009.0 014.0 0 NY 1846 *** SEC 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. *** SEND *** *** SSTART 010.0 014.0 0 NY 1846 *** SEC. 10. Sheriffs, clerks of counties, (including the register and clerk of the city and comity 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. *** SEND *** *** SSTART 011.0 014.0 0 NY 1846 *** SEC. 11. Judicial officers in office when this Constitution shall take effect, may continue 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 twentieth section of the sixth article of this Constitution. *** SEND *** *** SSTART 012.0 014.0 0 NY 1846 *** SEC. 12. All local courts established in any city or village, including the superior court, common pleas, sessions and surrogate's courts of the city and comity of New York shall remain, until other wise 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 Legislature shall otherwise direct. *** SEND *** *** SSTART 013.0 014.0 0 NY 1846 *** SEC. 13. This Constitution shall be in force from and including the first day of January, one thousand eight hundred and forty-seven except as is herein otherwise provided. *** SEND *** *** AEND *** *** ASTART 9016.0 NY 1846 *** Done, In Convention, at the Capitol, in the City of Albany, the ninth day of October in the ear 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 TRACY, President, and Delegate from the County of Chenango. JAMES F. STARBUCK, H. W. STRONG, FR. SEGER, Secretaries. STATE OF NEW YORK, Secretary's Office. I have compared the preceding with the original engrossed Constitution deposited in this office on the ninth day of October, 1846, and Do Certify, that the same is a correct transcript therefrom, and of the whole of said original. Given under my hand and seal of office, at the City of Albany, the tenth day of October, in the year of our Lord one thousand eight hundred and forty-six. N. S. BENTON, Secretary of State. *** AEND *** AMENDMENTS TO CONSTITUTION OF 1846* *** MSTART 001 001.0 002.0 0 NY 1846 1874 *** SEC 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 an election, and 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 return and canvass of their votes in the election districts in which they respectively reside. *** MEND *** *** MSTART 002 002.0 002.0 0 NY 1846 1874 *** SEC. 2. No 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 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 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. *** MEND *** *** MSTART 003 003.0 002.0 0 NY 1846 1874 *** SEC. 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. *** MEND *** *** MSTART 004 005.0 002.0 0 NY 1846 1874 *** SEC. 5. The Assembly shall consist of one hundred and twenty-eight members, elected for one year. The members of Assembly shall be apportioned among the several counties of the State, by the Legislature, as nearly as may be, according to the number of their respective inhabitants, 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 hundred 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 apportionment 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 separately organized, except the county of Hamilton, shall always be entitled to one member of the Assembly, and no new county shall be hereafter 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 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. *** MEND *** *** MSTART 005 006.0 002.0 0 NY 1846 1874 *** SEC. 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. *** MEND *** *** MSTART 006 007.0 002.0 0 NY 1846 1874 *** SEC. 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 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. *** MEND *** *** MSTART 007 008.0 002.0 0 NY 1846 1874 *** SEC. 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 Congress, 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 Congress, or appointed to any office, civil or military, under the government of United States, or under any city government, his acceptance thereof shall vacate his seat. *** MEND *** *** MSTART 008 017.0 003.0 0 NY 1846 1874 *** SEC. 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. *** MEND *** *** MSTART 009 018.0 003.0 0 NY 1846 1874 *** SEC. 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, highways or alleys, or for draining swamps or other low lands. Locating or changing county seats. Providing for changes of venue in civil or criminal cases. Incorporating villages. Providing for 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 officers 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 tile 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 judgment, may be provided for by general laws. But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value the property 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 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 proposed to be constructed, may, upon application, appoint three commissioners 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 consent of the property-owners. *** MEND *** *** MSTART 010 019.0 003.0 0 NY 1846 1874 *** SEC. 19. The Legislature 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. *** MEND *** *** MSTART 011 020.0 003.0 0 NY 1846 1874 *** SEC. 20. Every law which imposes, continues or revises 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. *** MEND *** *** MSTART 012 021.0 003.0 0 NY 1846 1874 *** SEC. 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. *** MEND *** *** MSTART 013 022.0 003.0 0 NY 1846 1874 *** SEC. 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. *** MEND *** *** MSTART 014 023.0 003.0 0 NY 1846 1874 *** SEC. 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 form time to time deem expedient. *** MEND *** *** MSTART 015 024.0 003.0 0 NY 1846 1874 *** SEC. 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 officer, servant, agent or contractor. *** MEND *** *** MSTART 016 025.0 003.0 0 NY 1846 1874 *** SEC. 25. 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. *** MEND *** *** MSTART 017 001.0 004.0 0 NY 1846 1874 *** SECT10N 1. The executive power shall be vested in a Governor, who shall hold his office for three years; a Lieutenant-Governor 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 during the term for which they were elected. *** MEND *** *** MSTART 018 002.0 004.0 0 NY 1846 1874 *** SEC. 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. *** MEND *** *** MSTART 019 004.0 004.0 0 NY 1846 1874 *** SEC. 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 State only) on extraordinary occasions. At extraordinary 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 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 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. *** MEND *** *** MSTART 020 008.0 004.0 0 NY 1846 1874 *** SEC. 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. *** MEND *** *** MSTART 021 009.0 004.0 0 NY 1846 1874 *** SEC. 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 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 shall 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 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, prevent 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 contains 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 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-thirds 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. *** MEND *** *** MSTART 022 003.0 005.0 0 NY 1846 1874 *** SEC. 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 the laws relating to such construction or improvement shall be confided to the- State Engineer and Surveyor; 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 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 removal by the Superintendent of Public Works, whenever, 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. 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 appointment 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 shall perform all the duties of the Canal Commissioners, 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 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 succeeding session of the Senate. *** MEND *** *** MSTART 023 004.0 005.0 0 NY 1846 1876 *** SEC. 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 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 same 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 have heretofore been had and performed by the Inspectors of State Prisons; and from and after the time when such Superintendent of State Prisons shall have been appointed and qualified, the office of Inspector of State 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 opportunity to be heard in his defense. *** MEND *** *** MSTART 024 001.0 006.0 0 NY 1846 1869 *** 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 impeachment, 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 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 impeachment shall be liable to indictment and punishment according to law. *** MEND *** *** MSTART 025 002.0 006.0 0 NY 1846 1869 *** SEC. 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 members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court shall have the appointment, with the power of removal, of its reporter and clerk, and of such attendants as may be necessary. *** MEND *** *** MSTART 026 003.0 006.0 0 NY 1846 1869 *** SEC. 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 appointment of Chief Judge shall be made from among the Associate Judges, a temporary appointment of Associate Judge shall be made 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 powers and jurisdiction of the court shall not be suspended for want of appointment or election, when the number of Judges is sufficient to constitute a quorum. All appointments under this section shall continue until and including the last day of December next after the election at which the vacancy shall be filled. *** MEND *** *** MSTART 027 004.0 006.0 0 NY 1846 1869 *** SEC. 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 constitute 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. *** MEND *** *** MSTART 028 005.0 006.0 0 NY 1846 1869 *** SEC. 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 Governor; 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. *** MEND *** *** MSTART 029 006.0 006.0 0 NY 1846 1869 *** SEC. 6. There shall be the existing. Supreme Court with general jurisdiction in law and equity, subject to such appellate jurisdiction of the Court of Appeals as now is or may be prescribed by law; and it shall be composed of the Justices now in office, 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 four in each of the other Districts. The Legislature may alter the Districts without increasing the number once after every enumeration under this Constitution of the inhabitants, of the State. *** MEND *** *** MSTART 030 007.0 006.0 0 NY 1846 1869 *** SEC. 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 oftener 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. Provision 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, and may preside in Courts of Oyer and Terminer, in any county. *** MEND *** *** MSTART 031 008.0 006.0 0 NY 1846 1869 *** SEC. 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. *** MEND *** *** MSTART 032 009.0 006.0 0 NY 1846 1869 *** SEC. 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 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. *** MEND *** *** MSTART 033 010.0 006.0 0 NY 1846 1869 *** SEC. 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. *** MEND *** *** MSTART 034 011.0 006.0 0 NY 1846 1869 *** SEC. 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 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, 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 party complained of shall have been served with a copy of the charges against him, and shall have had an opportunity of being heard On the question of removal, the yeas and nays shall be entered on the journal. *** MEND *** *** MSTART 035 012.0 006.0 0 NY 1846 1869 *** SEC. 12. The Superior Court of 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; and the Court of Common Pleas of New York, of the three Judges then in office and their successors, 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 terms. 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 Legislature may provide for detailing Judges of the Superior Court and Court of Common Pleas of New York to hold Circuits or Special Terms of the Supreme Court in that city as the public interest may require. *** MEND *** *** MSTART 036 013.0 006.0 0 NY 1846 1869 *** SEC. 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 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. *** MEND *** *** MSTART 037 014.0 006.0 0 NY 1846 1869 *** SEC. 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. *** MEND *** *** MSTART 038 015.0 006.0 0 NY 1846 1869 *** SEC. 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 Court 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. The 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 bounties 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. *** MEND *** *** MSTART 039 016.0 006.0 0 NY 1846 1869 *** SEC. 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. *** MEND *** *** MSTART 040 017.0 006.0 0 NY 1846 1869 *** SEC. 17. The Legislature shall provide for submitting to the electors of the State, at the general election in the year eighteen hundred and seventy-three, two questions, to be voted upon on separate ballots, as follows: First, "Shall the offices of Chief Justice 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 mentioned 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 thereafter be elective, but, as vacancies occur, they shall be filled in the manner in this section above provided. *** MEND *** *** MSTART 041 018.0 006.0 0 NY 1846 1869 *** SEC. 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 Peace and District Court Justices shall be elected in the different cities of 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. *** MEND *** *** MSTART 042 019.0 006.0 0 NY 1846 1869 *** SEC. 19. Inferior local courts of civil and criminal jurisdiction may 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. *** MEND *** *** MSTART 043 020.0 006.0 0 NY 1846 1869 *** SEC. 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 government. His compensation shall be fixed by law and paid out of the public treasury. *** MEND *** *** MSTART 044 021.0 006.0 0 NY 1846 1869 *** SEC. 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 referee. *** MEND *** *** MSTART 045 022.0 006.0 0 NY 1846 1869 *** SEC. 22. The Legislature may authorize the judgments, decrees and decisions of any court of record of original civil jurisdiction, established in a city, to be removed for review, directly into the Court of Appeals. *** MEND *** *** MSTART 046 023.0 006.0 0 NY 1846 1869 *** SEC. 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 publication by any person. *** MEND *** *** MSTART 047 024.0 006.0 0 NY 1846 1869 *** SEC. 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 adoption 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. *** MEND *** *** MSTART 048 025.0 006.0 0 NY 1846 1869 *** SEC. 25. Surrogates, Justices of the Peace and local judicial officers provided for in section sixteen, in office when this article shall take effect, shall hold their respective offices until the expiration of their terms. *** MEND *** *** MSTART 049 026.0 006.0 0 NY 1846 1869 *** SEC. 26. Courts of Special Sessions shall have such jurisdiction of offenses of the grade of misdemeanors as may be prescribed by law. *** MEND *** *** MSTART 050 027.0 006.0 0 NY 1846 1869 *** SEC. 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. *** MEND *** *** MSTART 051 028.0 006.0 0 NY 1846 1872 *** SEC. 28. The Court of Appeals may order any of the causes, not exceeding five hundred in number, pending in that court at the time of the adoption of this provision, to be heard and determined by the Commissioners of Appeals, and the Legislature may extend the term of service of the Commissioners of Appeals, not exceeding two years. *** MEND *** *** MSTART 052 028.0 006.0 0 NY 1846 1872 *** SEC. 28. The Legislature, at the first session thereof after the adoption of this amendment, shall provide for organizing in the Supreme Court not more than five General Terms thereof; and for the election at, the general election next after the adoption of this amendment, by the electors of the judicial districts mentioned in this section, respectively, of not more than two Justices of the Supreme Court in addition 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. *** MEND *** *** MSTART 053 006.0 006.0 0 NY 1846 1879 *** SEC. 6. There shall be the existing Supreme Court, with general jurisdiction in law and equity, subject to such appellate jurisdiction of the Court of Appeals as now is or may be prescribed by law; and it shall be composed 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 increasing the number, once after every enumeration, under this Constitution, of the inhabitants of the State. *** MEND *** *** MSTART 054 012.0 006.0 0 NY 1846 1880 *** SEC. 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 successors, 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 terms. 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 Legislature 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. *** MEND *** *** MSTART 055 013.0 006.0 0 NY 1846 1880 *** SEC. 13. Justices of the Supreme Court shall be chosen by the electors of their respective judicial districts. Judges of all courts mentioned in the last preceding section shall be chosen by the electors of the cities respectively in which said courts are instituted. The official terms of the said Justices and Judges who shall be elected after the 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. *** MEND *** *** MSTART 056 003.0 007.0 0 NY 1846 1874 *** SEC 3. The first and second sections of this article having been fully complied with, no tolls shall hereafter be imposed on persons or property transported on the canals, but all boats navigating the canals, and the owners and [sic] *** MEND *** *** MSTART 057 005.0 007.0 0 NY 1846 1874 *** SEC. 5. There shall annually be imposed and levied a tax, which shall be sufficient to pay the interest and ex- [sic] *** MEND *** *** MSTART 058 006.0 007.0 0 NY 1846 1874 *** SEC. 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 property 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. *** MEND *** *** MSTART 059 013.0 007.0 0 NY 1846 1874 *** SEC. 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 appropriated or used in any manner other than for the specific purpose for which it shall have been provided. *** MEND *** *** MSTART 060 014.0 007.0 0 NY 1846 1874 *** SEC. 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 revive 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 presentment. But if the claimant shall be under legal disability, the claim may be presented within two years after such disability is removed. *** MEND *** *** MSTART 061 004.0 008.0 0 NY 1846 1874 *** SEC. 4. The Legislature shall, by general law, conform 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 institution 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 purposes; but corporations or associations may be formed for such purposes under general laws. *** MEND *** *** MSTART 062 010.0 008.0 0 NY 1846 1874 *** SEC. 10. 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. *** MEND *** *** MSTART 063 011.0 008.0 0 NY 1846 1874 *** SEC. 11. 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 association 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 county, city, town or village from making such provision for the aid or support of' its poor as may be authorized by law. No county containing a city of over one hundred thousand inhabitants, or any such 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 such county or such 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 contained, or to be contained 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 for the supply of water shall not exceed twenty years, and a sinking 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 sand bonds at their maturity. 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 not 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. *** MEND *** *** MSTART 064 011.0 008.0 0 NY 1846 1884 *** SEC. 11. 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 association 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 county, city, town or village from making such provision for the aid or support of' its poor as may be authorized by law. No county containing a city of over one hundred thousand inhabitants, or any such 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 such county or such 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 contained, or to be contained 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 for the supply of water shall not exceed twenty years, and a sinking 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 sand bonds at their maturity. 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 not 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. *** MEND *** *** MSTART 065 009.0 010.0 0 NY 1846 1874 *** ARTICLE X SEC. 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 continuance in office, receive a compensation, to be fixed by law, which shall not be increased or diminished during the term for which he shall have been elected or appointed; nor shall he receive to his use any fees or perquisites of office or other compensation. *** MEND *** *** MSTART 066 001.0 012.0 0 NY 1846 1874 *** SECTI0N 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 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 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 oath or affirmation above prescribed, together with the following addition thereto, as part thereof: "And I do further solemnly swear (or 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 or 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 qualification for any office of public trust. *** MEND *** *** MSTART 067 001.0 015.0 0 NY 1846 1874 *** SEC 1. Any person holding office 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, any thing 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. *** MEND *** *** MSTART 068 002.0 015.0 0 NY 1846 1874 *** SEC. 2. And person who shall offer or promise. a bribe to 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. *** MEND *** *** MSTART 069 003.0 015.0 0 NY 1846 1874 *** SEC. 3. Any person 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. *** MEND *** *** MSTART 070 004.0 015.0 0 NY 1846 1874 *** SEC. 4. Any District Attorney who shall fail faithfully to prosecute a person charged with the violation in his county of any provision of this article which may come to his knowledge shall be removed from office 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 prosecuting 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. *** MEND *** *** MSTART 071 001.0 016.0 0 NY 1846 1874 *** SEC 1. All amendments to the Constitution shall be in force from and including the first day of January succeeding the election at which the same were adopted, except when otherwise provided by such amendments. *** MEND *** *** CEND ***