This is ready to go.  Although there is still a question about
amendment 835.

JW 1.7.02


NEW YORK STATE CONSTITUTION ANNOTATED

PART I
Text in Force April 6, 1915, with Notes

PART Il
Amendments Adopted and Proposed, 1895-1914

PREPARED UNDER THE DIRECTION OF THE NEW YORK STATE LIBRARY

The New York State
Constitutional Convention Commission
1915


*** CSTART NY 11/6/1894 11/8/1938 ***

*** MSTART 001 007.0 001.0 0 NY 1894 1913 ***

Adopted Nov. 4, 1913

Art. 1, 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 the supreme court with or without a jury, but not with a referee, 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. General laws may be passed permitting the owners or occupants of
agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and
dykes upon the lands of others, under proper restrictions and with just compensation, but no
special laws shall be enacted for such purposes.
The legislature may authorize cities to take more land and property than is needed for actual
construction in the laying out, widening, extending or relocating parks, public places, highways
or streets; provided, however, that the additional land and property so authorized to be taken shall
be no more than sufficient to form suitable building sites abutting on such park, public place,
highway or street. After so much of the land and property has been appropriated for such park,
public place, highway or street as is needed therefor, the remainder may be sold or leased.

*** MEND ***

*** MSTART 002 019.0 001.0 0 NY 1894 1913 ***

Adopted Nov. 7, 1913

Art. 1, Sec. 19. Nothing contained in this constitution shall be construed to limit the power of the
legislature to enact laws for the protection of the lives, health, or safety of employees; or for the
payment, either by employers, or by employers and employees or otherwise, either directly or
through a state or other system of insurance or otherwise, of compensation for injuries to
employees or for death of employees resulting from such injuries without regard to fault as a
cause thereof, except where the injury is occasioned by the willful -intention of the injured
employee to bring about the injury or death of himself or of another, or where the injury results
solely from the intoxication of the injured employee while on duty; or for the adjustment,
determination and settlement, with or without trial by jury, of issues which may arise under such
legislation; or to provide that the right of such compensation, and the remedy therefor shall be
exclusive of all other rights and remedies for injuries to employees or for death resulting from
such injuries; or to provide that the amount of such compensation for death shall not exceed a
fixed or determinable sum; provided that all moneys paid by an employer to his employees or
their legal representatives, by reason of the enactment of any of the laws herein authorized, shall
be held to be a proper charge in the cost of operating the business of the employer.

*** MEND ***


*** MSTART 003 018.0 003.0 0 NY 1894 1901 ***

Adopted Nov. 5, 1901

Art. 3, 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 empaneling 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.
Granting to any person, association, firm or corporation, an exemption from taxation on real or
personal property.
Providing for building bridges, and chartering companies for such purposes, except on the
Hudson river below Waterford, and on the East river, or over the waters forming a part of the
boundaries of the state.
The legislature shall pass general laws providing for the cases enumerated in this section, and for
all other cases which in its 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 of 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 appellate division of the supreme court, in the
department 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 004 026.0 003.0 0 NY 1894 1899 ***

Adopted Nov. 7, 1899

Art. 3, Sec. 26. There shall be in each county, except in a county wholly included in a city, 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 a city which includes an entire county, or two or more
entire counties, the powers and duties of a board of supervisors may be devolved upon the
municipal assembly, common council, [or] board of aldermen or other legislative body of the
city.

*** MEND ***
*** MSTART 005 027.0 003.0 0 NY 1894 1909 ***

Adopted Nov. 2, 1909

Art. 3, Sec. 27. The legislative shall, by general laws, confer upon the boards of supervisors of
the several counties of the state such further powers of local legislation and administration as the
legislature may, from time to time, deem expedient, and in counties which now have, or may
hereafter have, county auditors or other fiscal officers, authorized to audit bills, accounts,
charges, claims or demands against the county, the legislature may confer such powers upon said
auditors, or fiscal officers, as the legislature may, from time to time deem expedient.
 
*** MEND ***
*** MSTART 006 001.0 006.0 0 NY 1894 1905 ***

Adopted Nov. 7, 1905 
Art. 6, Sec.1. The Supreme Court is continued 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 not
inconsistent with this article. The existing judicial districts of the State are continued until
changed as hereinafter provided. The Supreme Court shall consist of the Justices now in office,
and of the Judges transferred thereto by the fifth section of this article, all of whom shall continue
to be Justices of the Supreme Court during their respective terms, and of twelve additional
Justices who shall reside in, and be chosen by the electors of, the several existing judicial
districts, three in the first district, three in the second, and one in each of the other districts; and
of their successors.  The successors of said justices shall be chosen by the electors of their
respective judicial districts. The Legislature may alter the judicial districts once after every
enumeration under the Constitution, of the inhabitants of the State, and thereupon reapportion the
Justices to be thereafter elected in the districts so altered. The legislature may from time to time
increase the number of justices in any judicial district, except that the number of justices in the
first and second district or in any of the districts into which the second district may be divided,
shall not be increased to exceed one justice for each eighty-thousand, or fraction over forty
thousand of the population thereof, as shown by the -last state, or federal census or enumeration,
and except that the number of justices in any other district shall not be increased to exceed one
justice for each sixty thousand or fraction over thirty-five thousand 'of the population thereof as
shown by the last state or federal census or enumeration. The legislature may erect out of the
second judicial district as now constituted, another judicial district and apportion the justices in
office between the districts, and provide for the election of additiont6l justices in the new district
not exceeding the limit herein provided.

*** MEND ***
*** MSTART 007 002.0 006.0 0 NY 1894 1899 ***

Adopted Nov. 7, 1899

Art. 6, Sec. 2. The legislature shall divide the state into four judicial departments. The first
department shall consist of the county of New York; the others shall be bounded by county lines,
and be compact and equal in population as nearly as may be. Once every ten years the legislature
may alter the judicial departments, but without increasing the number thereof. There shall be an
appellate division of the supreme court, consisting of seven justices in the first department, and
of five justices in each of the other departments. In each department four shall constitute a
quorum, and the concurrence of three shall be necessary to a decision. No more than five justices
shall sit in any case. From all the justices elected to the supreme court the governor shall
designate those who shall constitute the appellate division in each department; and he shall
designate the presiding justice thereof, who shall act as such during his term of office, and shall
be a resident of the department. The other justices shall be designated for terms of five years or
the unexpired portions of their respective terms of office, if less than five years. From time to
time as the terms of such designations expire, or vacancies occur, he shall make new
designations. A majority of the justices so designated to sit in the appellate division in each
department shall be residents of the department. He may also make temporary designations in
case of the absence or inability to act of any justice in the appellate division or in case the
presiding justice of any appellate division shall certify to him that one or more additional justices
are needed for the speedy disposition of the business before it. Whenever the appellate division
in any department shall be unable to dispose of its business within a reasonable time, a majority
of the presiding justices of the several departments at a meeting called by the presiding justice of
the department in arrears may transfer any pending appeals from such department to any other
department for hearing and determination. No justice of the appellate division shall exercise any
of the powers of a justice of the supreme court, other than those of a justice out of court, and
those pertaining to the appellate division or to the hearing and decision of motions submitted by
consent of counsel. From and after the last day of December, eighteen hundred and ninety five,
the appellate division shall have the jurisdiction now exercised by the supreme court at its
general terms and by the general terms of the court of common pleas for the city and county of
New York, the superior court of the city of New York, the superior court of Buffalo and the city
court of Brooklyn, and such additional jurisdiction as may be conferred by the legislature. It shall
have power to appoint and remove a reporter.. The justices of the appellate division in each
department shall have power to fix the times and places for holding special and trial terms
therein, and to assign the justices in the departments to hold such terms; or to make rules
therefor.
*** MEND ***
*** MSTART 008 002.0 006.0 0 NY 1894 1905 ***

Adopted Nov. 7, 1905

Art. 6, Sec. 2. The legislature shall divide the state into four judicial departments. The first
department shall consist of the county of New York; the others shall be. bounded by county lines,
and be compact and equal in population as nearly as may be. Once every ten years the legislature
may alter the judicial departments, but without increasing the number thereof. There shall be an
appellate division of the supreme court, consisting of seven justices in the first department, and
of five justices in each of the other departments. In each department four shall constitute a
quorum, and the concurrence of three shall be necessary to a decision. Nor more than five
justices shall sit in any case. From all the justices elected to the supreme court the governor shall
designate those who shall constitute the appellate division in each department; and he shall
designate the presiding justice thereof, who shall act as such during his term of office, and shall
be a resident of the department. The other justices shall be designated for terms of five years or
the unexpired portions of their respective terms of office, if less than five years. From time to
time as the terms of such designations expire, or vacancies occur, he shall make new
designations. A majority of the justices so designated to sit in the appellate division, in each
department shall be residents of the department. He may also make temporary designations in
case of the absence or inability to act of any justice in the appellate division, or in case the
presiding justice of any appellate division shall certify to him that one or more additional justices
are needed for the speedy disposition of the business before it. Whenever the appellate division
in any, department shall be unable to dispose of its business within a reasonable time, a majority
of the presiding justices of the several departments at a meeting called by the presiding justice of
the department in arrears may transfer any pending appeals from such department to any other
department or hearing and determination. No justice of the appellate division shall, within the
department to which he may be designated to perform the duties of an appellate justice, exercise
any of the powers of a justice of the supreme court, other than those of a justice out of court, and
those pertaining to the appellate division, or to the hearing and decision of motions submitted by
consent of counsel, but any such justice, when not actually engaged in performing the duties of
such appellate justice in the department to which he is designated, may hold any term of the
supreme court and exercise any of the powers of a justice of the supreme court in any county or
judicial. district in any other department of the state. From and after the last day of December,
eighteen hundred and ninety-five, the appellate division shall have the jurisdiction now exercised
by the supreme court at its general terms and by the general terms of the court of common pleas
for the city and county of New York, the superior court of the city of New York, the superior
court of Buffalo and the city of Brooklyn, and such additional jurisdiction as may be conferred by
the legislature. It shall have power to appoint and remove a reporter. The justices of the appellate
division in each department shall have power to fix the times and places for holding special terms
therein, and to assign the justices in the departments to hold such terms; or to make rules
therefor.
*** MEND ***
*** MSTART 009 012.0 006.0 0 NY 1894 1909 ***

      Adopted Nov. 2, 1909

Art. 6, Sec. 12. No person shall hold the office of judge or justice of any court longer than and
including the last day of December next after he shall be seventy years of age. Each justice of the
supreme court shall receive from the state the sum of ten thousand dollars per year. Those
assigned to the appellate divisions in the third and fourth departments shall each receive in
addition the sum of two thousand dollars, and the presiding justices thereof the sum of two thou-

sand five hundred dollars per year. Those justices elected in the first and second judicial
departments shall continue to receive from their respective cities, counties or districts, as now
provided by law, such additional compensation as will make their aggregate compensation what
they are now receiving. Those justices elected in any judicial department other than the first or
second, and assigned to the appellate divisions of the first or second departments shall, while so
assigned, receive from those departments respectively, as now provided by law, such additional
sum as is paid to the justices of those departments. A justice elected in the third or' fourth
department assigned by the appellate division or designated by the Governor to hold a trial or
special term in a judicial district other than that in which he is elected shall receive in addition
ten dollars per day for expenses while actually so engaged in holding such term, which shall be
paid by the state and charged upon the judicial district where the service is rendered. The
compensation herein provided shall be in lieu of and shall exclude all other compensation and
allowance to said justices for expenses of every kind and nature whatsoever. The provisions of
this section shall apply to the judges and justices now in office and to those hereafter elected.
*** MEND ***
*** MSTART 010 014.0 006.0 0 NY 1894 1913 ***

Adopted Nov. 4, 1913

Art 6 Sec. 14. The existing county courts are continued, and the judges thereof now in office
shall hold their offices until the expiration of their respective terms. In the county of Kings there
shall be four county judges. The number of county judges in any county may also be increased,
from time to time, by the legislature, to such number that the total number of county judges in
any one county shall not exceed one for every two hundred thousand, or major fraction thereof,
of the population of such county. The additional county judges in the county of Kings shall be
chosen at the general election held in the first odd-numbered year' after the adoption of this
amendment. The additional county judges whose offices may be created by the legislature shall
be chosen at the general election held in the first odd numbered year after the creation of such
office. All county judges, including successors to existing judges, shall be chosen by the electors
of the counties for the term of six years from and including the first day of January following
their election. County courts shall have the powers and jurisdiction they now possess, and also
original jurisdiction in actions for the recovery of money only, where the defendants reside in the
county, and in which the complaint demands judgment for a sum not exceeding two thousand
dollars. The legislature may hereafter enlarge or restrict the jurisdiction of the county courts,
provided, however, that their jurisdiction shall not be so extended as to authorize an action
therein for the recovery of money only, in which the sum demanded exceeds two thousand
dollars, or in which any person not a resident of the county is a defendant. Courts of sessions,
except in the county of New York, are abolished from and after the last day of December,
eighteen hundred and ninety-five. All the jurisdiction of the court of sessions in each county,
except the county of New York, shall thereupon be vested in the county court thereof, and all
actions and proceedings then pending in such courts of sessions shall be transferred to said
county courts for hearing and determination. Every county judge shall perform such duties as
they may be required by law. His salary shall be established by law, payable out of the county
treasury. A county judge of any county may hold county courts in any other county when
requested by the judge of such other county.

*** MEND ***

*** MSTART 011 004.0 007.0 0 NY 1894 1905 ***

Adopted Nov. 7 1905 
 
Art. 7, Sec. 4. Except the debts specified in sections two and three of this article, no debts shall
be hereafter contracted by or in 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 direct annual tax to pay, and sufficient to pay, the interest on such
debt as it falls due, and also to pay and discharge the principal of such debt within eighteen fifty
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 annually collected, until the proceeds thereof shall
have made the provision hereinbefore specified to pay and discharge the interest and principal of
such debt and liability. The money arising from any loan or stock creating such debt or liability
shall be applied to the work or object specified in the act authorizing such debt or liability, or for
the payment 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 shall be submitted to be voted for or against. The legislature may
provide for the issue of bonds of the state to run for a period not exceeding fifty years in lieu of
bonds heretofore authorized but not issued and shall impose and provide for the collection of a
direct annual tax for the payment of the same as hereinbefore required. When any sinking fund
created under this section shall equal in amount the debt for which it was created, no further
direct tax shall be levied on account of said sinking fu4d and the legislature shall reduce the tax
to an amount equal to the accruing interest on such debt.

*** MEND ***
*** MSTART 012 004.0 007.0 0 NY 1894 1909 ***

Adopted Nov. 2, 1909

Art. 7, Sec. 4. Except the debts specified in sections two and three of this article, no debts shall
be hereafter contracted by or in behalf of this state, unless such debt shall be authorized by law,
for some single work or object, to be distinctly specified therein; and such law shall impose and
provide for the collection of a direct annual tax to pay, and sufficient to pay, the interest on such
debt as it falls due, and also to pay and discharge the principal of such debt within fifty years
from the time of the contracting thereof. No such law shall take effect until it shall, at a general
election, have been submitted to the people, and have received a majority of all the votes cast for
and against it at such election. On the final passage of such bill in either house of the legislature,
the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall
be: "Shall this bill pass, and ought the same to receive the sanction of the people?" The
legislature may at any time after the approval of such law by the people, if no debt shall have
been contracted in pursuance thereof, repeal the same; and may at any time, by law, forbid the
contracting of any further debt or liability under such law; but the tax imposed by such act, in
proportion to the debt and liability which may have been contracted in pursuance of such law,
shall remain in force and be irrepealable, and be annually collected, until the proceeds thereof
shall have made the provision hereinbefore specified to pay and discharge the interest and
principal of such debt and liability. The money arising from any loan or stock creating such debt
or liability shall be applied to the work or object specified in the act authorizing such debt or
liability, or for the payment 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 shall be submitted to be voted for or against. The
legislature may provide for the issue of bonds of the state to run for a period not exceeding fifty
years in lieu of bonds heretofore authorized but not issued and shall impose and provide for the
collection of a direct annual tax for the payment of the same as hereinbefore required. When any
sinking fund created under this section shall equal in amount the debt for which it was created,
no further direct tax shall be levied on account of said sinking fund, and the legislature shall
reduce the tax to an amount equal to the accruing interest on such debt. The legislature may from
time to time alter the rate of interest to be paid upon any state debt, which has been or may be
authorized pursuant to the provisions of this section, or upon any part of such debt, provided,
however, that the rate of interest shall not be altered upon any part of such debt or upon any bond
or other evidence thereof, which has been, or shall be created or issued before such alteration. In
base the legislature increase the rate of interest upon any such debt, or part thereof, it shall
impose and provide for the collection of a direct annual tax to pay and sufficient to pay the in-

creased or altered interest on such debt as it falls due and also to pay and discharge the principal
of such debt within fifty years from the time of the contracting thereof, and shall appropriate
annually to the sinking fund moneys in amount sufficient to pay such interest and pay and
discharge the principal of such debt when it shall become due and payable.

*** MEND ***
*** MSTART 013 007.0 007.0 0 NY 1894 1913 ***

Adopted Nov. 4, 1913

Art. 7, Sec. 7. The lands of the state, now owned or hereafter acquired constituting the forest
preserve as now, fixed by law, shall be forever kept as wild forest lands. They shall not be leased,
sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon
be sold, removed or destroyed. But the legislature may by general laws provide for the use of not
exceeding three per centum of such lands for the construction and maintenance of reservoirs for
municipal water supply, for the canals of the state and to regulate the flow of streams. Such
reservoirs shall be constructed, owned and controlled by the state, but such work shall not be
undertaken until after the boundaries and high flow lines thereof shall have been accurately
surveyed and fixed, and after public notice, hearing and determination that such lands are
required for such public use. The expense of any such improvements shall be apportioned on the
public and private property and municipalities benefited to the extent of the benefits received.
Any such reservoir shall always be operated by the state and the legislature shall provide for a
charge upon the property and municipalities benefited for a reasonable return to the state upon
the value of the rights and property of the state used and the services of the state rendered, which
shall be fixed for terms of not exceeding ten years and be readjustable at the end of any term.
Unsanitary conditions shall not be created or continued by any such public works. A violation of
any of the provisions of this section may be restrained at the suit of the people or, with consent of
the supreme court in appellate division, on notice to the attorney-general at the suit of any citizen.

*** MEND ***
*** MSTART 014 011.0 007.0 0 NY 1894 1905 ***

New.  Adopted Nov. 7 1905 

Art. 7 Sec. 11. The legislature may appropriate out of any funds in the treasury, moneys to pay
the accruing interest and principal of any debt heretofore or hereafter created, or any part thereof,
and may set apart in each fiscal year, moneys in, the state treasury as a sinking fund to pay the
interest as it falls due and to pay and discharge the principal of any debt heretofore or hereafter
created under section four of article seven of the constitution until the same shall be wholly paid
and the principal and income of such sinking fund shall be applied to the purpose for which said
sinking fund is created and to no other purpose whatever and in the event such moneys so set
apart in any fiscal year be sufficient to provide such sinking fund, a direct annual tax for such
year need not be imposed and collected, as required by the provisions of said section four of
article seven, or of any law enacted in pursuance thereof.

*** MEND ***
*** MSTART 015 012.0 007.0 0 NY 1894 1905 ***

Adopted Nov. 7, 1905

Art. 7 Sec. 12. A debt or debts. of the state may be authorized by law for the improvement of
highways. Such highways shall be determined under general laws, which shall also provide for
the equitable apportionment thereof among the counties. The aggregate of the debts authorized
by this section shall not at any one time exceed the sum of fifty millions of dollars. The payment
of the annual interest on such debt and the creation of a sinking fund of at least two per centum
per annum to discharge the principal at maturity shall be provided by general laws whose force
and effect shall not be diminished during the existence of any debt created thereunder. The
legislature may by general laws require the county or town or both to pay to the sinking fund the
proportionate part of the cost of any such highway within the boundaries of such county or town
and the proportionate part of the interest thereon, but no county shall at any time for any highway
be required to pay more than thirty-five hundredths of the cost of such highway, and no town
more than fifteen hundredths. None of the provisions of the fourth section of this article shall
apply to debts for the improvement of highways hereby authorized.

*** MEND ***
*** MSTART 016 010.0 008.0 0 NY 1894 1899 ***

Adopted Nov. 7, 1899

Art. 8, Sec. 10. No county, city, town or village shall hereafter give any money or property, or
loan its money or credit to or in aid of any individual, association or corporation, or become
directly or indirectly the owner of stock in, or bonds of, any 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 or city shall be allowed to become indebted for any purpose or in any manner to an
amount which, including existing indebtedness, shall exceed ten per centum of the assessed
valuation of the real estate of such county or city subject to taxation, as it appeared by the
assessment-rolls of said county or city on the last assessment for state or county taxes prior to the
incurring of such indebtedness; and all indebtedness in excess of such limitation, except such as
may now exist, shall be absolutely void, except as herein otherwise provided. No county or city
whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate
subject to taxation, shall be allowed to become indebted in any further amount until such
indebtedness shall be reduced within such limit. This section shall not be construed to prevent
the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the
collection of taxes for amounts actually 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 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 said bonds at
their maturity. All certificates of indebtedness or revenue bonds issued in anticipation of the
collection of taxes, which axe not retired within five years after their date of issue, and bonds
issued to provide for the supply of water, and any debt hereafter incurred by any portion or part
of a city, if there shall be any such debt, shall be included in ascertaining the power of the city to
become otherwise indebted. Whenever the boundaries of any city are the same as those of a
county, or when any city shall include within its boundaries more than one county, the power of
any county wholly included within such city to become indebted shall cease, but, the debt of the
county heretofore existing shall not, for the purposes of this section, be reckoned as a part of the
city debt. The amount hereafter to be raised by tax for county or city purposes, in any county
containing a city of over one hundred thousand inhabitants, or any such city of this state, in
addition to providing for the principal and interest of existing debt, shall 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 017 010.0 008.0 0 NY 1894 1905 ***

Adopted Nov. 7, 1905

Art 8, Sec.10. No county, city, town or village shall hereafter give any money or property, or loan
its money or credit to or in aid of any individual, association or corporation, or become directly
or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such
county, city, town or village be allowed to incur any indebtedness except for county, city or 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 or city
shall be allowed to become indebted for any purpose or in any manner to an amount which,
including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real
estate of such county or city subject to taxation, as it appeared by the assessment-rolls of said
county or city on the last assessment for state or county taxes prior to the incurring of such
indebtedness; and all indebtedness in excess of such limitation, except such as now may exist,
shall be absolutely void, except as herein otherwise provided. No county or city whose present
indebtedness exceeds ten per centum of the assessed valuation of its real estate subject to
taxation, shall be allowed to become indebted in any further amount until such indebtedness shall
be reduced within such limit. This section shall not be construed to prevent the issuing of
certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for
amounts actually 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 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 said bonds at their maturity. All
certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes,
which are not retired within five years after their date of issue, and bonds issued to provide for
the supply of water, and any debt hereafter incurred by any portion or part of a city, if there shall
be any such debt, shall be included in ascertaining the power of the city to become otherwise
indebted; except that debts incurred by the city of New York after the first day of January,
nineteen hundred and four, to provide for the supply of water shall not be so included. Whenever
the boundaries of any city are the same as those of a county, or when any city shall include within
its boundaries more than one county, the power of any county wholly included within such city to
become indebted shall cease, but the debt of the county, heretofore existing, shall not, for the
purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be raised
by tax for county or city purposes, in any county containing a city of over one hundred thousand
inhabitants, or any such city of this state, in addition to providing for the principal and interest of
existing debt, shall 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 018 010.0 008.0 0 NY 1894 1907 ***

Adopted Nov. 5, 1907 

Art. 8, Sec. 10. No county, city, town or village shall hereafter give any money or property, or
loan its money or credit to or in aid of any individual, association or corporation, or become
directly or indirectly the owner of stock in, or bonds of, any 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 or city shall be allowed to become indebted for any purpose or in any manner to an
amount which, including existing indebtedness, shall exceed ten per centum of the assessed
valuation of the real estate of such county or city subject to taxation, as it appeared by the
assessment-rolls of said county or city on the last assessment for state or county taxes prior to the
incurring of such indebtedness; and all indebtedness in excess of such limitations, except such as
now may exist, shall be absolutely void, except as herein otherwise provided. No county or city,
whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate
subject to taxation, shall be allowed to become indebted in any further amount until such
indebtedness shall be reduced within such limit. This section shall not be construed to prevent
the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the
collection of taxes for amounts actually 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 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 said bonds at
their maturity. All certificates of indebtedness or revenue bonds issued in anticipation of the
collection of taxes, which are not retired within five years after their date of issue, and bonds
issued to provide for the supply of water, and any debt hereafter incurred by any portion or part
of a, city, if there shall be any such debt, shall be included in ascertaining the power of the city to
become otherwise indebted; except that debts incurred by the city of New York after the first day
of January, nineteen hundred and four, and debts incurred by any city of the second class after the
first day of January, nineteen hundred and eight, to provide for the supply of water shall not be so
included. Whenever the boundaries of any city are the same as those of a county, or when any
city shall include within its boundaries more than one county, the power of any county wholly
included within such city to become indebted shall cease, but the debt of the county, heretofore
existing shall not, for the purposes of this section, be reckoned as a part of the city debt. The
amount hereafter to be raised by tax for county or city purposes, in any county containing a city
of over one hundred thousand inhabitants, or any such city of this state, in addition to providing
for the principal and interest of existing debt, shall 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 019 010.0 008.0 0 NY 1894 1909 ***

Adopted Nov. 7, 1909

Art. 8, Sec. 10. No county, city, town or village shall hereafter give any money or property, or
loan its money or credit to or in aid of any individual, association or corporation, or become
directly or indirectly the owner of stock in, or bonds of, any 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 or city shall be allowed to become indebted for any purpose or in any manner to an
amount which, including existing indebtedness, shall exceed ten per centum. of the assessed
valuation of the real estate of such county or city subject to taxation, as it appeared by the
assessment-rolls of said county or city on the last assessment for state or county taxes prior to the
incurring of such indebtedness; and all indebtedness in excess of such limitation, except such as
now may exist, shall be absolutely void, except as herein otherwise provided. No county or city
whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate
subject to taxation, shall be allowed to become indebted in any further amount until such
indebtedness shall be reduced within such limit. This section shall not be construed to pre, vent
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 to prevent
the city of New York from issuing bonds to be redeemed out of the tax levy for the year next
succeeding the year of their issue, provided that the amount of such bonds which may be issued
in any one year in excess of the limitations herein contained shall not exceed one-tenth of one per
centum of the assessed valuation of the real estate of said city subject to taxation. Nor shall this
section be construed to prevent the issue of bonds to provide for the supply of water; but the term
of the bonds issued to provide the supply of water, in excess of the limitation of indebtedness
fixed herein, 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 said bonds at their maturity. All certificates of
indebtedness or revenue bonds issued in anticipation of the collection of taxes, which are not
retired within five years after their date of issue, and bonds issued to provide for the supply of
water, and any debt hereafter incurred by any portion or part of a city if there shall be any such
debt, shall be included in ascertaining the power of the city to become otherwise indebted; except
that debts incurred by the city of New York after the first day of January, nineteen hundred and
four, and debts incurred by any city of the second class after the first day of January, nineteen
hundred and eight, and debts incurred by any city of the third class after the first day of January,
nineteen hundred and ten, to provide for the supply of water, shall not be so included; and except
further that any debt hereafter incurred by the city of New York for a public improvement owned
or to be owned by the city, which yields to the city current net revenue, after making any
necessary allowance for repairs and maintenance for which the city is liable, in excess of the
interest on said debt and !of the annual instalments necessary for its amortization may be
excluded in ascertaining the power of said city to become otherwise indebted, provided that a
sinking fund for its amortization shall have been established and maintained and that the
indebtedness shall not be, so excluded during any period of time when the revenue aforesaid
shall not be sufficient to equal the said interest and amortization instalments, and except further
that any indebtedness heretofore incurred by the city of New York for any rapid transit or dock
investment may be so excluded proportionately to the extent to which the current net revenue
received by said city therefrom shall meet the interest and amortization instalments thereof,
provided that any increase in the debt incurring power of the city of New York which shall result
from the exclusion of debts heretofore incurred shall be available only for the acquisition or
construction of properties to be used for rapid transit or dock purposes. The legislature shall
prescribe the method by which and the terms and conditions under which the amount of any debt
to be so excluded shall be determined, and no such debt shall be excluded except in accordance
with the determination so prescribed. The legislature may in its discretion confer appropriate
jurisdiction on the appellate division of the supreme court in the first judicial department for the
purpose of determining the amount of any debt to be so excluded. No indebtedness of a city valid
at the time of its inception shall thereafter become invalid by reason of the operation of any of the
provisions of this section.  Whenever the boundaries of any city are the same as those of a
county, or when any city shall include within its boundaries more than one county, the power of
any county wholly included within such city to become indebted-shall cease, but the debt of the
county, heretofore existing, shall not, for the purposes of this section, be reckoned as a part of the
city debt. The amount hereafter to be raised by tax for county or city purposes, in any county
containing a city of over one hundred thousand inhabitants, or any such city of this state, in
addition to providing for the principal and interest of existing debt, shall 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 019 001.0 012.0 0 NY 1894 1905 ***

Adopted Nov. 7, 1905

Art. 12, Sec. 1. 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; and the legislature may regulate and fix the
wages or salaries, the hours of work or labor, and make provision for the protection, welfare and
safety of persons employed by the state or by any county, city, town, village or other civil
division of the state, or by any contractor or subcontractor performing work, labor or services f or
the state, or for any county, city, town, village or other civil division thereof.
*** MEND ***
*** MSTART 020 002.0 012.0 0 NY 1894 1907 ***

Adopted Nov. 5, 1907

Art. 12, Sec. 2. All cities are classified according to the latest state enumeration, as from time to
time made, as follows: The first class includes all cities having a population of one hundred and
seventy-five thousand or more; the second class, all cities having a population of fifty thousand
and less than one hundred and seventy-five thousand;  the third class, all other cities. Laws
relating to the property, affairs  of government of cities, and the several departments thereof, are
divided into general and special city laws; general city laws are those which relate to all the cities
of one or more classes; special city laws are those which relate to a single city, or to less than all
the cities of a class.  Special city laws shall not be passed except in conformity with the
provisions of this section. After any bill f or a special city law, relating to a city, has been passed
by both branches of the legislature, the house in which it originated shall immediately transmit a
certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall
return such bill to the house from which it was sent, or if the session of the legislature at which
such bill was passed has terminated, to the governor, with the mayor's certificate thereon, stating
whether the city has or has not accepted the same. In every city of the first class, the mayor, and
in every other city, the mayor and the legislative body thereof concurrently, shall act for such city
as to such bill; but the legislature may provide for the concurrence
of the legislative body in cities of the first class. The legislature shall provide for a public notice
and opportunity for a public hearing concerning any such bill in every city to which it relates,
before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the
mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein
provided, by every such city. Whenever any such bill is accepted as herein provided, it shall be
subject as are other bills, to the action of the governor. Whenever, during the session at which it
was passed, any such bill is returned without the acceptance of
the city or cities to which it relates, or within such fifteen days is not returned, it may
nevertheless again be passed by both branches of the legislature, and it shall then be subject as
are other bills, to the action of the governor. In every special city law which has been accepted by
the city or cities to which it relates, the title shall be followed by the words "accepted by the
city," or "cities," as the case may be; in every such law which is passed without such acceptance,
by the words "passed without the acceptance of the city," or " cities," as the case may be.

*** MEND ***
*** MSTART 021 002.0 001.0 0 NY 1894 1935 ***
 
Adopted Nov. 5, 1935 

Art. 1, 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. The legislature may provide, however, by law, that a verdict may be
rendered by not less than five-sixths of the jurymen constituting a jury in any civil case.

*** MEND *** 
*** MSTART 022 002.0 001.0 0 NY 1894 1937 ***

Adopted Nov. 7, 1937

Art. 1, 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 in the manner to be prescribed by law by the
parties in all civil cases and by the defendant in all criminal cases, except those in which the
crime charged may be punishable by death. The legislature may provide, however, by law, that a
verdict may be rendered by not less than five-sixths of the jurymen constituting a jury in any civil
case.


*** MEND ***
*** MSTART 023 007.0 001.0 0 NY 1894 1919 ***

Adopted Nov. 4, 1919

Art. 1, 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 the supreme court with or without a jury, but not with a referee, 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. The use of property for the drainage of swamp or agricultural lands
is declared to be a public use, and general laws may be passed permitting the owners or
occupants of swamp or agricultural lands to construct and maintain for the drainage thereof,
necessary drains, ditches and dykes upon the lands of others, under proper restrictions on making
just compensation, and such compensation, together with the cost of such drainage may be
assessed, wholly or partly, against any property benefited thereby; but no special laws shall be
enacted for such purposes.
The legislature may authorize cities to take more land and property than is needed for actual
construction in the laying out, widening, extending or relocating parks, public places, highways,
or streets; provided, however, that the additional land and property so authorized to be taken shall
be no more than sufficient to form suitable building sites abutting on such park, public place,
highway or street. After so much of the land and property has been appropriated for such park,
public place, highway or street as is needed therefor, the remainder may be sold or leased.

*** MEND *** 
*** MSTART 024 007.0 001.0 0 NY 1894 1927 *** 

Adopted Nov. 8, 1927

Art. 1, 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 the supreme court with or without a jury, but not with a referee, 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 proceedings, shall be
paid by the person to be benefited. The use of property for the drainage of swamp or agricultural
lands is declared to be a public use and general laws may be passed permitting the owner or
occupants of swamp or agricultural lands to. construct and maintain for the drainage thereof,
necessary drains, ditches and dykes upon the lands of others, under proper restrictions on making
just compensation, and such compensation together with the cost of such drainage may be
assessed, wholly or partly, against any property benefited thereby; but no special laws shall be
enacted for such purposes.
The legislature may authorize cities and counties to take more land and property than is needed
for actual construction in. the laying out, widening, extending or relocating parks, public places,
highways or streets; provided, however, that the additional land and property so authorized to be
taken shall be no more than sufficient to form suitable building sites abutting on such park,
public place, highway or street. After so much of the land and property has been appropriated for
such park, public place, highway or street as is needed therefor, the remainder may be sold or
leased.

*** MEND ***
*** MSTART 025 007.0 001.0 0 NY 1894 1933 ***

Adopted Nov. 7 1933

Art 1, 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 the supreme court with or without a jury, but not with a referee, or, in proceedings affecting
property located within the city of New York and to be acquired by the city of New York, by a
term of said court to consist of one or more justices thereof without a jury, or by not less than
three commissioners ap pointed 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 proceedings, shall be
paid by the person to be benefited. The use of property for the drainage of swamp or agricultural
lands is declared to be a public use and general laws may be passed permitting the owners or
occupants of swamp or agricultural lands to construct and maintain for the drainage thereof,
necessary drains, ditches and dykes upon the lands of others, under proper restrictions on making
just compensation, and such compensation together with the cost of such drainage may be
assessed, wholly or partly, against any property benefited thereby; but no special laws shall be
enacted for such purposes.
The legislature may authorize cities and counties to take more land and property than is needed
for actual construction in the laying out, widening, extending or relocating parks, public places,
highways or streets; provided, however, that the additional land and property so authorized to be
taken shall be no more than sufficient to form suitable building sites abutting on such park, pub-

lic place, highway or street. After so much of the land and property has been appropriated for
such park, public place, highway or street, as is needed therefor, the remainder may be sold or
leased.

*** MEND ***
*** MSTART 026 001.0 002.0 0 NY 1894 1917 ***

Adopted Nov. 6, 1917

Art. 2 Section 1. Every citizen of the age of twenty-one years, who shall have been a citizen for
ninety days, and an inhabitant of this state one year next preceding an election, and for the last
four months a resident of the county and for the last thirty days a resident of the election district
in which he or she, may offer his or her vote, shall be entitled to vote at such election in the
election district of which he or she 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
however that a citizen by marriage shall have been an inhabitant of the United States for five
years; and 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 or her vote by reason of his or her 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 027 001.0 002.0 0 NY 1894 1921 ***

Adopted Nov. 8, 1921

Art. 2, Sec. 1. Every citizen of the age of twenty-one years, who shall have been a citizen for
ninety days, and an inhabitant of this state one year next preceding an election, and for the last
four months a resident of the county and for the last thirty days a resident of the election district
in which he or she may offer his or her vote, shall be entitled to vote at such election in the elec-

tion district of which he or she 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 however that a citizen by marriage shall have been
an inhabitant of the United States for five years; and 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 or her vote by reason of his or her 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. Notwithstanding the
foregoing provisions, after January first, one thousand nine hundred and twenty-two, no person
shall become entitled to vote by attaining majority, by naturalization or otherwise, unless such
person is also able, except for physical disability, to read and write English; and suitable laws
shall be passed by the legislature to enforce this provision.

*** MEND *** 



*** MSTART 028 001.A 002.0 0 NY 1894 1919 ***

Adopted Nov. 4, 1919

[This section did not exist in 1894, but was subsequently adopted in 1919.
AMENDMENT ADDING NEW SECTION 1-a TO 1894 TEXT OF ARTICLE II SUBMITTED
TO PEOPLE AND ADOPTED]

Art. 2, Sec.1-a. The legislature may, by general law, provide a manner in which, and the time and
place at which, qualified voters who may, on the occurrence, of any general election, be
unavoidably absent from the state or county of their residence because their duties, occupation or
business require them to be elsewhere within the United States, may vote, and for the return and
canvass of their votes in the election district in which they respectively reside.



*** MEND ***
*** MSTART 029 001.A 002.0 0 NY 1894 1923 ***

Adopted Nov. 6, 1923.

Art. 2, Sec. 1-a. The legislature may, by general law, provide a manner in which, and the time
and place at which, qualified voters who may, on the occurrence of any general election be
unavoidably absent from the state or county or their residence because they are inmates of a
soldiers' and sailors' home, or because their duties, occupation or business require them to be
elsewhere within the United States, may vote, and for the return and canvass of their votes in the
election district in which they respectively reside.

*** MEND ***
*** MSTART 030 001.A 002.0 0 NY 1894 1929 ***

Adopted Nov. 5, 1929

Art 2, Sec. 1-a. The legislature may, by general law, provide a manner in which, and the time and
place at which, qualified voters who may, on the occurrence of any general election be
unavoidably absent from the state or county of their residence because they are inmates of a
soldiers' and sailors' home or of a United States veterans' bureau hospital, or because their duties,
occupation or business require them to be elsewhere within the United States, may vote, and f or
the return and 'canvass of their votes in the election district in which they respectively reside.

*** MEND ***
*** MSTART 031 004.0 002.0 0 NY 1894 1931 ***

Adopted Nov. 3, 1931

Art. 2 Sec. 4. Laws shall be made for ascertaining, by proper proofs, the citizens who shall be
entitled to the right of suffrage hereby established, and for the registration of voters; which
registration shall be completed at least ten days before each election. Such registration shall not
be required for town and village elections except by express provision of law. In cities and
villages having five thousand inhabitants or more, voters shall be registered upon personal
application only; but voters not residing in such cities or villages shall not be required to apply in
person for registration at the first meeting of the officers having . charge of ,the registry of voters.
The number of such inhabitants shall be determined according to the latest census or
enumeration, federal or state, showing the population of the city or village, except that the federal
census shall be controlling unless such state enumeration, if any, shall have been taken and
returned two or more years after the return of the preceding federal census.
*** MEND ***

*** MSTART 032 004.0 003.0 0 NY 1894 1931 ***

Adopted Nov. 3, 1931 

Art. 3, Sect. 4
Except as herein otherwise provided, the federal census taken in the year nineteen hundred thirty
and each federal census taken decennially thereafter shall be controlling as to the number of
inhabitants in the state or any part thereof for the purposes of the apportionment of members of
assembly and readjustment or alteration of senate and assembly districts next occurring, in so far
as such census and the tabulation thereof purport to give the information necessary therefor. The
legislature, by law, shall provide for the making and tabulation by state authorities of an
enumeration of the inhabitants of the entire state to be used for such purposes, instead of a
federal census, if the taking of a federal census in any tenth year from the year nineteen hundred
thirty be omitted or if the federal census fails to show the number of aliens or Indians not taxed.
If a federal census, though giving the requisite information as to the state at large, fails to give the
information as to any civil or territorial divisions which is required to be known for such
purposes, the legislature, by law, shall provide for such an enumeration of the inhabitants of such
parts of the state only as may be necessary, which shall supersede in part the federal census and
be used in connection therewith for such purposes. The legislature, by law, may provide in its
discretion for an enumeration by state authorities of the inhabitants of the state, to be used for
such purposes, in place of a federal census, when the return of a decennial federal census is
delayed so that it is not available at the beginning of the regular session of the legislature in the
second year after the year nineteen hundred thirty or after any tenth year therefrom, or if an
apportionment of members of assembly and readjustment or alteration of senate districts is not
made at. or before such a session. At the regular session in the year nineteen hundred thirty-two,
and at the first regular session after the year nineteen hundred forty and after each tenth year
therefrom the senate districts shall be readjusted or altered, but if, in any decade, counting from
and including that which begins with the year nineteen hundred thirty-one, such a readjustment or
alteration is not made at the time above prescribed, it shall be made at a subsequent session
occurring not later than the sixth year of such decade, meaning not later than nineteen hundred
thirty-six, nineteen hundred forty-six, nineteen hundred fifty-six, and so on; provided, however,
that if such districts shall have been readjusted or altered by law in either of the years nineteen
hundred thirty or nineteen hundred thirty-one, they shall remain unaltered until the first regular
session after the year nineteen hundred forty. Such districts shall be so readjusted or altered that
each senate district shall contain as nearly as may be an equal number of inhabitants, excluding
aliens, and be in as compact form as practicable, and shall remain unaltered until the first year of
the next decade as above defined, and shall at all times consist of contiguous territory, and no
county shall be divided in the formation of a senate district except to make two or more senate
districts wholly in such county. No town, and no block in a city inclosed by streets or public
ways, shall be divided in the formation of senate districts; nor shall any district contain a greater
excess in population over an adjoining district in the same county, than the population of a town
or block therein adjoining such district. Counties, towns or blocks, which, from their location,
may be included in either of two districts, shall be so placed as to make said districts most nearly
equal in number of inhabitants, excluding aliens.
No county shall have four or more senators unless it shall have a full ratio for each senator. No
county shall have more than one third of all the senators; and no two counties or the territory
thereof as now organized, which are adjoining counties; or which are separated only by public
waters, shall have more than one half of all the senators.
The ratio for apportioning senators shall always be obtained by dividing the number of
inhabitants, excluding aliens, by fifty, and the senate shall always be composed of fifty members,
except that if any county having three or more senators at the time of any apportionment shall be
entitled on such ratio to an additional senator or senators, such additional senator or senators
shall be given to such county in addition to the fifty senators, and the whole number of senators
shall be increased to that extent.
The senate districts, including the present ones, as existing immediately before the enactment of
a law readjusting or altering the senate districts, shall continue to be the senate districts of the
state until the expirations of the terms of the senators then in Office, except for the purpose of an
election of senators for full terms beginning at such expirations, and for the formation of
assembly districts.

*** MEND ***
*** MSTART 033 005.0 003.0 0 NY 1894 1931 ***

Adopted Nov. 3, 1931

Art. 3, Sec. 5. The members of the assembly shall be chosen by single districts and shall be
apportioned by the legislature at each regular session at which the senate districts are readjusted
or altered, and by the same law, among the several counties of the state as nearly as may be
according to the number of their respective inhabitants, excluding aliens. Every county heretofore
established and separately organized, except the county of Hamilton shall always be entitled to
one member of assembly, and no county shall hereafter be erected unless its population shall
entitle it to a member. The county of Hamilton shall elect with the county of Fulton, until the
population of the county of Hamilton shall, according to the ratio, entitle it to a member. But the
legislature may abolish the said county of Hamilton and annex the territory thereof to some other
county or counties.
     The quotient obtained by dividing the whole number of inhabitants of the state, excluding
aliens, by the number of members of assembly, shall, be the ratio for apportionment, which shall
be made as follows: One member of assembly shall be apportioned to every county, including
Fulton and Hamilton as one county, containing less than the ratio and one-half over. Two
members shall be apportioned to every other county. The remaining members of assembly shall
be apportioned to the counties having more than two ratios according to the number of
inhabitants, excluding aliens. Members apportioned on remainders shall be apportioned to the
counties having the highest remainders in the order thereof respectively. No county shall have
more members of assembly than a county having a greater number of inhabitants, excluding
aliens.
     The assembly districts, including the present ones, as existing immediately before the
enactment of a law making an apportionment of members of assembly among the counties, shall
continue to be the assembly districts of the state until the expiration of the terms of members then
in office, except for the purpose of an election of members of assembly for full terms beginning
at such expirations.
     In any county entitled to more than one member, the board of supervisors, and in any city
embracing an entire county and having no board of supervisors, the common council, or if there
be none, the body exercising the powers of a common council, shall assemble at such times as
the legislature making an apportionment shall prescribe, and divide such counties into assembly
districts as nearly equal in number of inhabitants, excluding aliens, as may be, of convenient and
contiguous territory in as compact form as practicable, each of which shall be wholly within a
senate district formed under the same apportionment, equal to the number of members of
assembly to which such county shall be entitled, and shall cause to be filed in the office of the
secretary of state and of the clerk of such county, a description of such districts, specifying the
number of each district and of the inhabitants thereof, excluding aliens, according to the census
or enumeration used as the population basis for the formation of such districts; and such
apportionment and districts shall remain unaltered until after the next reapportionment of
members of assembly. In counties having more than one senate district, the same number of
assembly districts shall be put in each senate district, unless the assembly districts cannot be
evenly divided among the senate districts of any county, in which case one more assembly
district shall be put in the senate district in such county having the largest, or one less assembly
district shall be put in the senate district in such county having the smallest number of in-

habitants, excluding aliens, as the case may require. No town, and no block in a city inclosed by
streets or public ways, shall be divided in the formation of assembly districts, nor shall any
districts contain a greater excess in population over an adjoining district in the same senate
district, than the population of a town or block therein adjoining such assembly district. Towns or
blocks which, from their location may be included in either of two districts, shall be so placed as
to  make said districts most nearly equal in number of inhabitants, excluding aliens.  Nothing in
this section shall prevent the division, at any time, of counties and towns and the erection of new
towns by the legislature.
    An apportionment by the legislature, or other body, shall be subject to review by the supreme
court, at the suit of any citizen, under such reasonable regulations as the legislature may
prescribe; and any court before which a cause may be pending involving an apportionment, shall
give precedence thereto over all other causes and proceedings, and if said court be not in session
it shall convene promptly for the disposition of the same.

*** MEND ***
*** MSTART 034 026.0 003.0 0 NY 1894 1921 ***

Adopted Nov. 8, 1921 

Art. 3, Sec. 26. There shall be in each county, except in a county wholly included in a city, 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. The legislature may provide by law for forms of
government for the counties of Westchester and Nassau, or either, subject to adoption and
approval by the electors of any such county at a general election in an odd-numbered year. Any
such form of government may include the transfer to the county or to county officers of any
functions now exercised by towns or town officers. The law providing for such form of
government shall also prescribe the manner in which the county affected may subsequently
abandon it, and revert to its former form of government. The adoption of such form of
government by the county shall not preclude the legislature from amending or modifying such
plan. If under such form of government the board of supervisors be abolished, the powers and
duties of the board of supervisors, as prescribed by the constitution, or by statute if not provided
for by such form of government, shall devolve upon the governing elective body in such county.
In a city which includes an entire county, or two or more entire counties, the powers and duties of
a board of supervisors may be devolved upon the municipal assembly, common council, board.
of aldermen or other legislative body of the city.
*** MEND ***


*** MSTART 035 026.0 003.0 0 NY 1894 1921 ***

Art. 3, Sec. 26, There shall be in each county, except in a county wholly included in a city, 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. The legislature may provide by law for forms of
government for the counties of Westchester and Nassau, or either, subject to adoption and
approval by the electors of any such county at a general election in an odd-numbered year. Any
such form of government may include the transfer to the county or to county officers of any
functions now exercised by towns or town officers. The law providing for such form of
government shall also prescribe the manner in which the county affected may subsequently
abandon it, and revert to its former form of government.  The adoption of such form of
government by the county shall not preclude the legislature from amending or modifying such
plan.  If under such form of government the board of supervisors be abolished, the powers and
duties of the board of supervisors, as prescribed by the constitution, or by statute if not provided
for by such form of government, shall devolve upon the governing elective body in such county. 
In a city which includes an entire county, or two or more entire counties, the powers and duties of
a board of supervisors may be devolved upon the municipal assembly, common council, board of
aldermen or other legislative body of the city.  

[Adopted Nov. 8, 1921]

*** MEND ***


*** MSTART 835 026.0 003.0 0 NY 1894 1929 ***

[Note, the text for this amendment is currently incomplete, and we are not sure of the date it was
adopted.  This section of the constitution was amended in 1929, and was again amended in 1935. 
See amendment 735]

Art. 3, Sec. 26, There shall be in each county, except in a county wholly included in a city, 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. The legislature may provide by law for forms of
government for the counties of Westchester and Nassau, or either, subject to adoption and
approval by the electors of any such county at a general election in an odd-numbered year. Any
such form of government may include the transfer to the county or to county officers of any
functions now exercised by towns or town officers. After the adoption of such form of gov-

ernment by the county, no law which abolishes or creates an elective office or changes the voting
or veto power of or the method of removing an elective officer, changes the term of office or re-

duces the salary of an elective officer during his term of office, abolishes, transfers or curtails any
power of an elective officer, changes the form or composition of a legislative body, or provides a
new charter for such county, shall become effective without adoption and approval by the
electors of such county. No other special or local law affecting the counties of Westchester or
Nassau, or either, shall be passed by the legislature except in conformity with the provisions of
this section. After any such bill has been passed by both branches of the legislature, the house in
which it originated shall immediately transmit a certified copy thereof to the clerk of the board of
supervisors or other governing elective body of such county, and within fifteen days thereafter
such clerk shall return such bill to the clerk of the house from which it was sent, or if the session
of the legislature at which such bill was passed has terminated, to the governor, with the clerk's
certificate thereon, stating whether the county has or has not accepted the same. The legislature
shall provide' for a public notice and opportunity for a public hearing concerning any such bill
before the board of supervisors or other governing elective body of the county before action
thereon, and the board of supervisors or other governing elective body shall act for the county as
to such bill, provided that if under such form of government there shall be an executive head of
the county, the concurrence of such executive head shall also be required for the acceptance of
such bill by the county. Whenever any such bill is accepted as herein provided, it shall be subject
as are other bills, to the action of the governor. No such bill shall, take effect until at least sixty
days after the approval by the governor, or its final adoption by the legislature notwithstanding
the disapproval of the governor;

[Missing text from here on, ed.]

*** MEND ***
*** MSTART 735 026.0 003.0 0 NY 1894 1935 ***

Adopted Nov. 5, 1935
 
Art. 3, Sec. 26. 
Subdivision 1. There shall be in each county, except in a county wholly included in a city, a
board of supervisors, or other elective body, to be composed of such members and elected in
such manner and for such period as is or may be provided by law.


Subdivision  2. The legislature shall provide by law for the organization and government of
counties and shall provide by law alternative forms of government for counties except counties
wholly included in a city and for the submission of one or more such forms of government to the
electors residing in such counties. No such form of government shall become operative in any
such county unless and until adopted at a general election held in such county by receiving a
majority of the total votes cast thereon in (1) the county, (2) every city containing more than
twenty-five per centum of the population of the county according to the last preceding federal
census, and (3) that part of the county, if any, outside of such cities. Any such form of
government shall set forth the structure of the county government and the manner in which it is
to function. Any such. form of government may provide for the appointment of any county
officers or their selection by any method of nomination and election, or the abolition of their
offices, and may also provide for the exercise by the board of supervisors or other elective body
of powers of local legislation and administration and the transfer of any or all of the functions
and duties of the county and the cities, towns, villages, districts and other units of government
contained in such county to each other or to the state, and for the abolition of offices,
departments, agencies or units of government when all of their functions are so transferred
without regard to the provisions of article ten or any other provisions of this constitution
inconsistent herewith. The boards of supervisors or other elective bodies of any two or more such
counties may by agreement provide for the discharge within the territorial limits of such counties
or parts thereof of one or more governmental functions.

Subdivision 3. Nothing herein contained shall be deemed to impair or restrict the existing power
of the legislature to enact laws relating to the government of a county or the cities, town s,.
villages, districts or other units of government therein contained until the adoption of a form of
government by such county' pursuant to subdivision two of this section.

Subdivision 4. After the adoption of a form of government by a county pursuant to subdivision
two of this section, the legislature shall not pass any law relating to the property, affairs or
government of such county, which shall be special or local either in its terms or in its effect, but
shall act in relation to the property, affairs or government of any such county only by general
laws which shall in terms and in effect apply alike to all such counties except on message from
the governor declaring that an emergency exists and the concurrent action of two-thirds of the
members of each house of the legislature and no law, special or local in its terms or in its effect,
which abolishes or creates an elective office or changes the voting or veto power of or the
method of removing an elective officer, changes the term of office or reduces the salary of an
elective officer during his term of office, abolishes, transfers or curtails any power of an elective
officer, changes the form or composition of the elective body of such county, or provides a new
form of government for such county, shall become effective without adoption by the electors of
such county in the manner prescribed in subdivision two of this section for the adoption of a
form of government for such county pursuant thereto. Nothing herein contained shall impair or
restrict the power of the legislature to enact laws relating to matters other than the property,
affairs or government of such county.

Subdivision 5. If under a form of government, adopted by a county pursuant to subdivision two
of this section, the board of supervisors be abolished, the powers and duties of the board of
supervisors, as prescribed by the constitution, or by statute if not provided for by such form of
government, shall devolve upon the elective body in such county.

Subdivision 6. In a city which includes an entire county, or two or more entire counties, the
powers and duties of a board of supervisors may be devolved upon the municipal assembly,
common council, board of aldermen or other legislative body of the city.

Subdivision 7. Existing laws applicable to the government of counties and the cities, towns,
villages, districts and other units of government therein contained shall continue in force until
repealed, amended, modified or superseded by law or by a form of government and nothing
contained in this section shall be construed to impair the provisions of article twelve of this
constitution.

*** MEND ***

*** MSTART 036 027.0 003.0 0 NY 1894 1921 ***

Adopted Nov. 8, 1921

Art 3, Sec.  27. The legislature shall, by general laws, confer upon the boards of supervisors, or
other governing elective bodies, of the several counties of the state such further powers of local
legislation and administration as the legislature may, from time to time, deem expedient. In
counties which now have, or hereafter have, county auditors or other fiscal officers, authorized to
audit bills, accounts, charges, claims or demands against the county, the legislature may confer
such powers upon such auditors, or fiscal officers, as the legislature may, from time to time,
deem expedient.

*** MEND ***
*** MSTART 037 001.0 004.0 0 NY 1894 1937 ***

Adopted 2, 1937 

Art 4 Sec. 1. The executive power shall be vested in the governor, who shall hold his office for
four years; the lieutenant-governor shall be chosen at the same time, and for the same term. The
governor and lieutenant-governor chosen at the general election in nineteen hundred and thirty-
six shall hold office until and including the thirty-first day of December, nineteen hundred and
thirty-eight. Their successors shall be chosen at the general election held in that year and each
fourth year thereafter.
*** MEND ***


*** MSTART 038 004.0 004.0 0 NY 1894 1927 ***

Adopted Nov. 8 1927 

Art 4, 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. 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 it 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 twenty-
five thousand dollars, and there shall be provided for his use a suitable and furnished executive
residence.

*** MEND ***


*** MSTART 700 000.0 004.A 0 NY 1894 1927 ***

[Amendments 700, 39, 40, 41, and 42 create a new Article, 4A; Amendment 700 contains the
text of the entire article]

Adopted Nov. 8, 1927

Art. 4-a, Sec. 1. On or before the fifteenth day of October in the year nineteen hundred and
twenty-eight and in each year thereafter the head of each department of the state government,
except the legislature and judiciary, shall submit to the governor itemized estimates of
appropriations to meet the financial needs of such department, including a statement in detail of
all moneys f or which any general or special appropriation is desired at the ensuing session of the
legislature, classified according to relative importance and in such form and with such
explanation as the governor may require. Copies of such estimates shall be simultaneously
furnished to the designated representatives of the appropriate committees of the legislature for
their information.
The governor, after hearings thereon, at which he may require the attendance of heads of
departments and their subordinates, shall revise-such estimates according to his judgment. The
representatives aforesaid of the committees of the legislature shall be invited to attend such
hearings, and under regulations to be provided by law shall be entitled to make inquiry in respect
to the estimates and the revision thereof.
Itemized estimates of the financial needs of the legislature certified by the presiding officer of
each house and of the judiciary certified by-the comptroller shall be transmitted to the governor
on or before said fifteenth day of October for inclusion in the budget without revision but with
such recommendation as he may think proper.

Art. 4-a, Sec. 2. On or before the fifteenth day of January next succeeding (except in the ease of a
newly elected governor and then on or before the first; day of February) he shall submit to the
legislature a budget containing a complete plan of proposed expenditures and estimated revenues.
It shall contain all the estimates so revised or certified and clearly itemized, and shall be accom-

panied by a bill or bills for all proposed appropriations and reappropriations; it shall show the
estimated revenues for the ensuing f1scal year and the estimated surplus or deficit o r revenues at
the end of the current fiscal year, together with the measures of taxation, if any, which the
governor may propose for the increase of the revenues. It shall be accompanied by a statement .of
current assets, liabilities, reserves and surplus or deficit of the state; statements of the debts and
funds of the state; an estimate of its financial condition as of the beginning and end of the en-

suing f1scal year; and a statement of revenues and expenditures for the two fiscal years next
preceding said year in form suitable for comparison. The governor may before final action by the
legislature thereon, and not more than thirty days after submission thereof, amend or supplement
the budget; he may. also with the consent of the legislature, submit such amendment or a
supplemental bill at any time before the adjournment of the legislature.  A copy of the budget and
of any amendments or additions thereto shall be forthwith transmitted by the governor to the
comptroller.

Art. 4-a, Sec. 3. The governor and the heads of departments shall have the right, and it shall be
the duty of the heads of departments when requested by either house of the legislature, to appear
and be heard in respect to the budget during the consideration thereof, and to answer inquiries
relevant thereto. The procedure for such appearance and inquiries shall be provided by law. The
legislature may not alter an appropriation bill submitted by the governor except to strike out or
reduce items therein, but it may add thereto items of appropriation provided that such additions
are stated separately and distinctly from the original items of the bill and refer each to a single
object or purpose; none of the restrictions of this provision, however, shall apply to
appropriations for the legislature or judiciary. Such a bill when passed by both houses shall be a
law immediately without further action by the governor, except that appropriations for the
legislature and judiciary and separate items added to the governor's bills by the legislature shall
be subject to his approval as provided in section nine of article four.

Art. 4-a, Sec. 4. Neither house shall consider further appropriations until the appropriation bills
proposed by the governor shall have been  finally acted on by both houses; nor shall such further
appropriations be then made except by separate bills each for a single work or object, which bills
shall be subject to the governor's approval as provided in section nine of article four. Nothing
herein contained shall be construed to prevent the governor from recommending that one or more
of his proposed bills be passed in advance of the others to supply the immediate needs of
government or to meet an emergency.

*** MEND ***

*** MSTART 039 001.0 004.A 0 NY 1894 1927 ***

Adopted Nov. 8, 1927

Art. 4-a, Sec. 1. On or before the fifteenth day of October in the year nineteen hundred and
twenty-eight and in each year thereafter the head of each department of the state government,
except the legislature and judiciary, shall submit to the governor itemized estimates of
appropriations to meet the financial needs of such department, including a statement in detail of
all moneys f or which any general or special appropriation is desired at the ensuing session of the
legislature, classified according to relative importance and in such form and with such
explanation as the governor may require. Copies of such estimates shall be simultaneously
furnished to the designated representatives of the appropriate committees of the legislature for
their information.
The governor, after hearings thereon, at which he may require the attendance of heads of
departments and their subordinates, shall revise-such estimates according to his judgment. The
representatives aforesaid of the committees of the legislature shall be invited to attend such
hearings, and under regulations to be provided by law shall be entitled to make inquiry in respect
to the estimates and the revision thereof.
Itemized estimates of the financial needs of the legislature certified by the presiding officer of
each house and of the judiciary certified by-the comptroller shall be transmitted to the governor
on or before said fifteenth day of October for inclusion in the budget without revision but with
such recommendation as he may think proper.

*** MEND ***
*** MSTART 040 002.0 004.A 0 NY 1894 1927 ***

Adopted Nov. 8, 1927

Art. 4-a, Sec. 2. On or before the fifteenth day of January next succeeding (except in the ease of a
newly elected governor and then on or before the first; day of February) he shall submit to the
legislature a budget containing a complete plan of proposed expenditures and estimated revenues.
It shall contain all the estimates so revised or certified and clearly itemized, and shall be accom-

panied by a bill or bills for all proposed appropriations and reappropriations; it shall show the
estimated revenues for the ensuing f1scal year and the estimated surplus or deficit o r revenues at
the end of the current fiscal year, together with the measures of taxation, if any, which the
governor may propose for the increase of the revenues. It shall be accompanied by a statement .of
current assets, liabilities, reserves and surplus or deficit of the state; statements of the debts and
funds of the state; an estimate of its financial condition as of the beginning and end of the en-

suing f1scal year; and a statement of revenues and expenditures for the two fiscal years next
preceding said year in form suitable for comparison. The governor may before final action by the
legislature thereon, and not more than thirty days after submission thereof, amend or supplement
the budget; he may. also with the consent of the legislature, submit such amendment or a
supplemental bill at any time before the adjournment of the legislature.  A copy of the budget and
of any amendments or additions thereto shall be forthwith transmitted by the governor to the
comptroller.

*** MEND ***

*** MSTART 041 003.0 004.A 0 NY 1894 1927 ***

Adopted Nov. 8, 1927

Art. 4-a, Sec. 3. The governor and the heads of departments shall have the right, and it shall be
the duty of the heads of departments when requested by either house of the legislature, to appear
and be heard in respect to the budget during the consideration thereof, and to answer inquiries
relevant thereto. The procedure for such appearance and inquiries shall be provided by law. The
legislature may not alter an appropriation bill submitted by the governor except to strike out or
reduce items therein, but it may add thereto items of appropriation provided that such additions
are stated separately and distinctly from the original items of the bill and refer each to a single
object or purpose; none of the restrictions of this provision, however, shall apply to
appropriations for the legislature or judiciary. Such a bill when passed by both houses shall be a
law immediately without further action by the governor, except that appropriations for the
legislature and judiciary and separate items added to the governor's bills by the legislature shall
be subject to his approval as provided in section nine of article four.

*** MEND ***
*** MSTART 042 004.0 004.A 0 NY 1894 1927 ***

Adopted Nov. 8, 1927

Art. 4-a, Sec. 4. Neither house shall consider further appropriations until the appropriation bills
proposed by the governor shall have been  finally acted on by both houses; nor shall such further
appropriations be then made except by separate bills each for a single work or object, which bills
shall be subject to the governor's approval as provided in section nine of article four. Nothing
herein contained shall be construed to prevent the governor from recommending that one or more
of his proposed bills be passed in advance of the others to supply the immediate needs of
government or to meet an emergency.

*** MEND ***

*** MSTART 043 001.0 005.0 0 NY 1894 1925 ***

Adopted Nov. 3, 1925

Art 5, Sec. 1. The comptroller and attorney-general shall be chosen at a general election, at the
times and places of electing the governor and lieutenant-governor, and shall hold office for the
same term as the governor and lieutenant-governor.  The comptroller shall be required: (1) To
audit all vouchers before payment and all official accounts; (2) to audit the accrual and collection
of all revenues and receipts; and (3) to prescribe such methods of accounting as are necessary for
the performance of the foregoing duties. In such respect the legislature shall define his powers
and duties and may also assign to him supervision of the accounts of any political subdivision of
the state, but shall assign to him no administrative duties, excepting such as may be incidental to
the performance of these functions, any other provision of this constitution to the contrary
notwithstanding. Each of the officers in this article named shall, at stated times during his contin-

uance 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.

*** MEND ***

*** MSTART 044 002.0 005.0 0 NY 1894 1925 ***

Adopted Nov. 3, 1925 

Art 5, Sec. 2. There shall be the following civil departments in the state government: First,
executive; second, audit and control; third, taxation and finance; fourth, law; fifth, state; sixth,
public works; seventh, architecture; eighth, conservation; ninth, agriculture and markets; tenth,
labor; eleventh, education; twelfth, health; thirteenth, mental hygiene; fourteenth, charities; fif-

teenth, correction; sixteenth, public service; seventeenth, banking; eighteenth, insurance;
nineteenth, civil service; twentieth, military and naval affairs.

*** MEND ***
*** MSTART 045 003.0 005.0 0 NY 1894 1925 ***

Adopted Nov. 3, 1925

Art. 5 Sect. 3. At the session immediately following the adoption of this article the legislature
shall provide by law for the appropriate assignment, to take effect not earlier than the first day of
July, one thousand nine hundred and twenty-six, of all the civil, administrative and executive
functions of the state government, to the several departments in this article provided. Subject to
the limitations contained in this constitution, the legislature may from time to time assign by law
new powers and functions to departments, officers, boards or commissions continued or created
under this constitution, and increase, modify or diminish their powers and functions. No specific
grant of power herein to a department shall prevent the legislature fr&m conferring additional
powers upon such department. No new departments shall be created hereafter, but this shall not
prevent the legislature from creating temporary commissions for special purposes and nothing.
contained in this article shall prevent the legislature from reducing the number of departments as
provided for in this article, by consolidation or otherwise. The elective state officers in office at
the time this article as amended takes effect shall continue in office until the end of the terms for
which they were elected. Pending the assignment of the civil, administrative and executive
functions by the legislature pursuant to the directions of this section, the powers and duties of the
several departments, boards, commissions and officers now existing are continued. Subject to the
power of the legislature to reduce the number of officers, when the powers and duties of any
existing office are assigned to any department, the officers exercising such powers shall continue
in office in such department, and their term of office shall not be shortened by such assignment.

*** MEND ***
*** MSTART 046 004.0 005.0 0 NY 1894 1925 ***

Adopted Nov. 3, 1925

Art 5, Sec. 4. The head of the department of audit and control shall be the comptroller and of the
department of law, the attorney-general. The head of the department of education shall be the
regents of the university of the state of New York, who shall appoint and at pleasure remove a
commissioner of education to be the chief administrative officer of the department. The head of
the department of agriculture and markets shall be -appointed in a manner to be prescribed by
law. Except as otherwise provided in this constitution, the heads of all other departments and the
members of all boards and commissions mentioned in this article, excepting temporary
commissions for special purposes, shall be appointed by the governor by and with the advice and
consent of the senate and may be removed by the governor, in a manner to be prescribed by law.

*** MEND ***
*** MSTART 047 004.0 005.0 0 NY 1894 1927 ***

Art. 5, Sec. 4. The head of the executive department shall be the governor. The head of the
department of audit and control shall be the comptroller and of the department of law, the
attorney-general. The head of the department of education shall be the regents of the university of
the state of New York, who shall appoint and at pleasure remove a commissioner of education to
be the chief administrative officer of the department. The head of the department of agriculture
and markets shall be appointed in a manner to be prescribed by law. Except as otherwise
provided in this constitution, the heads of all other departments and the members of all boards
and commissions mentioned in this article, excepting temporary commissions for special
purposes, shall be appointed by the governor by and with the advice and consent of the senate
and may be removed by the governor, in a manner to be prescribed by law.

*** MEND ***
*** MSTART 048 006.0 005.0 0 NY 1894 1929 ***

Adopted Nov. 5, 1929

Art. 5, Sec. 6. Appointments and promotions in the civil service of the state, and of all the civil
divisions thereof, including cities and villages, shall be made according to merit and fitness to be
ascertained, so far  as practicable, by examinations, which so far as practicable, shall be
competitive; provided, however, any honorably discharged
soldiers, sailors, marines or nurses of the army, navy or marine corps of the United States
disabled in the actual performance of duty in any war, to an extent recognized by the United
States Veterans' Bureau, who are citizens and residents of this state and were at the time of their
entrance into the military or naval service of the United States, and whose disability exists at the
time of his or her application for such appointment or promotion, shall be entitled to preference
in appointment and promotion, without regard to their standing on any list from which such
appointment or promotion may be made. Laws shall be made to provide for the enforcement of
this section.

*** MEND ***
*** MSTART 049 007.0 006.0 0 NY 1894 1899 *** 

Adopted Nov. 7, 1899

Art 6, Sec. 7. The court of appeals is continued. It shall consist of the chief judge and associate
judges now in office, who shall hold their offices until the expiration of their respective terms,
and their successors, who shall be chosen by the electors of the state. The official terms of the
chief judge and associate judges shall be fourteen years from and including the first day of
January next after their election. Five members of the court shall form a quorum, and the
concurrence of four shall be necessary to a decision. The court shall have power to appoint and to
remove its reporter, clerk and attendants. Whenever and as often as a majority of the judges of
the court of appeals shall certify to the governor that said court is unable, by reason of the
accumulation of causes pending therein, to hear and dispose of the same with reasonable speed,
the governor shall designate not more than four justices of the supreme court to serve As
associate judges of the court of appeals. The justices so designated shall be relieved from their
duties as justices of the supreme court and shall serve as associate judges of the court of appeals
until the causes undisposed of in said court are reduced to two hundred, when they shall return to
the supreme court. The governor may designate justices of the supreme court to fill vacancies.
No justice shall serve as associate judge of the court of appeals except while holding the office of
justice of the supreme court, and no more than seven judges shall sit in any case.

*** MEND ***

Mike, the following amendment is already in this list, in the amendments adopted before 1915,
but it is listed as adopted in 1913.  This info below (from your source published in 1938) says it
was passed in 1915.

*** MSTART 050 014.0 006.0 0 NY 1894 1915 ***


Art 6, Sec. 14. The existing county courts are continued, and the judges thereof now in office
shall hold their offices until the expiration of their respective terms. In the county of Kings there
shall be four county judges. The number of county judges in any county may also be increased,
from time to time, by the legislature, to such number that the total number of county judges in
any one county shall not exceed one for every two hundred thousand, or major fraction thereof,
of the population of such county. The additional county judges in the county of Kings shall be
chosen at the general election held in the first odd-numbered year after the adoption of this
amendment. The additional county judges whose offices may be created by the legislature shall
be chosen at the general election held in the first odd numbered year after the creation of such
office. All county judges, including successors to existing judges, shall be chosen by the electors
of the counties for the term of six years from and including the first. day of January following
their election.  County courts shall have the powers and jurisdiction they now possess, and also
original jurisdiction in actions for the recovery of money only, where the defendants reside in the
county, and in which the complaint demands judgment for a sum not exceeding two thousand
dollars. The legislature may hereafter enlarge or restrict the jurisdiction of the county courts,
provided, however, that their jurisdiction shall not be so extended as to authorize an action
therein for the recovery of money only, in which the sum demanded exceeds two thousand
dollars, or in which any person not a resident of the county is a defendant. Courts of sessions,
except in the county of New York, are abolished from and after the last day of December,
eighteen hundred and ninety-five. All the jurisdiction of the court of sessions in each county,
except the county of New York, shall thereupon be vested in the county court thereof, and all
actions and proceedings then pending in such courts of sessions shall be transferred to said
county courts for hearing and determination. Every county judge shall perform such duties as
they may be required by law. His salary shall be established by law, payable out of the county
treasury. A county judge of any county may hold county courts in any other county when
requested by the judge of such other county.


[There is some confusion in our source document about this amendment.  It was adopted in 1913,
see amendment 10.  However, when this section was again amended in the "general amendment"
of 1925, it was renumbered as Article 6, Section 11, (our amendment 061), and the text at that
time refers to the changes made in 1914.

The text of the source document has the following note:

"1915. Adopted and proposed by the Const. Conv. of 1915.
Int. No. 718, Pr. Nos. 807, 828P 850.
This amendment, the text of which is identical with that proposed in 1916 (S. Int. No. 33) but not
submitted to the people, is part of a general amendment of Article V1. For text, see "General
Amendments," p. 926 ( [14]16).

N. B. This section was amended by the general amendment of Article VI adopted in 1925. See p.
484 ( 11)."  

This text is on page 451. ]

*** MEND ***
*** MSTART 051 018.0 006.0 0 NY 1894 1921 ***

Adopted Nov. 8, 1921

Art. 6, Sec. 18. Inferior local courts of civil and criminal jurisdiction may be established by the
legislature, but no inferior local court hereafter created shall be a court of record.  Except as
herein provided the legislature shall not hereafter confer upon any inferior or local court of its
creation, any equity jurisdiction or any greater jurisdiction in other respects than is conferred
upon county courts by or under this article. The legislature may establish children's courts, and
courts of domestic relations, as separate courts, or as parts of existing courts or courts hereafter to
be created, and, may confer upon them such jurisdiction as may be necessary for the correction,
protection, guardianship and disposition of delinquent, neglected or dependent minors, and for
the punishment and correction of adults responsible for or contributing to such delinquency,
neglect or dependency, and to compel the support of a wife, child or poor relative by persons
legally chargeable therewith who abandon or neglect to support any of them. In conferring such
jurisdiction the legislature shall provide that whenever a child is committed to an institution or is
placed in the custody of any person by parole, placing out, adoption or guardianship, it shall be
so committed or placed, when practicable, to an institution governed by persons, or in the
custody of a person, of the same religious persuasion as the child. In the exercise of such
jurisdiction such courts may hear and determine such causes, with or without a jury, except those
involving a felony. 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 052 001.0 006.0 0 NY 1894 1925 ***

[ARTICLE 6
(AFTER THE GENERAL AMENDMENT ADOPTED IN 1925)
The 1905 text of section 1 was continued, with various changes, by the general amendment of
Article VI adopted in 1925, as shown below.]


Adopted Nov. 3, 1925

Art 6, Sec 1. The supreme court is continued with general jurisdiction in law and equity, subject
to such appellate jurisdiction of the court of appeals as now is or hereafter may be prescribed by
law not inconsistent with this article. The existing judicial districts of the state are continued until
changed as hereinafter provided. The supreme court shall consist of the justices now in office and
their successors, together with such additional justices as may be authorized by law. The
successors of said justices shall be chosen by the electors of their respective judicial districts. The
legislature may alter the judicial districts once after every federal census or state enumeration,
each district being bounded by county lines, and thereupon re-apportion the justices to be
thereafter elected in the districts so altered.
The legislature may from time to time increase the number of justices in any judicial district,
except the number of justices in any district shall not be increased to exceed one justice for each
sixty thousand, or fraction over thirty-five thousand, of the population thereof as shown by the
last federal census or state enumeration. Any justice of the supreme court, except as otherwise
provided in this article, may perform the duties of his office or hold court in any county. 

*** MEND ***


*** MSTART 053 002.0 006.0 0 NY 1894 1925 ***

Adopted Nov. 3, 1925

Art. 6  Sec 2. The division of the state into four judicial departments is continued as now
constituted by law. Once every ten years, the legislature may alter the boundaries of the judicial
departments, but without increasing the number thereof, and each department shall be bounded
by the lines of judicial districts. The appellate divisions of the supreme court are continued, and
shall consisting of seven justices of the supreme court in each of the first and second
departments, and five justices in each of the other departments. In each appellate division, four
justices shall constitute a quorum, and the concurrence of three shall be necessary to a decision.
No more than five justices shall sit in any case.
The governor shall designate the presiding justice of each appellate division, who shall act as
such during his term of office and shall be a resident of the department. The other justices of the
appellate divisions shall be designated by the governor, from all the justices elected to the
supreme court, for terms of five years or the unexpired portions of their respective terms of
office, if less than five years. The justices heretofore designated shall continue to sit in the
appellate divisions until the terms of their respective designations shall expire. From time to time
as the terms of the designations expire, or vacancies occur, the governor shall make new des-

ignations. He may also, on request of any appellate division, make temporary designations in
case of the absence or inability to act of any justice in such appellate division, for service only
during such absence or inability to act. In case any appellate division shall certify to the governor
that one or more additional justices are needed for the speedy disposition of the business before
it, the governor shall designate an additional justice or additional justices; but when the need for
such additional justice or justices shall no longer exist, the appellate division shall so certify to
the governor, and thereupon service under such designation or designations shall cease. A
majority of the justices designated to sit in any appellate division shall at all times be residents of
the department.
Whenever the appellate division in any department shall be unable to dispose of its business
within a reasonable time, a majority of the presiding justices of the several departments, at a
meeting called by the presiding justice of the department in arrears, may transfer any pending
appeals from such department to any other department for hearing and determination.
The several appellate divisions, except as hereinafter provided, shall have and exercise such
original or appellate jurisdiction as is now or may hereafter be prescribed by law. Each appellate
division shall have power to appoint and remove its clerk and attendants. No justice of the
appellate division shall, within the department to which he may be designated to perform the
duties of an appellate justice, exercise any of the powers of a justice of the supreme court, other
than those of a justice out of court, and those pertaining to the appellate division, except that he
may decide causes or proceedings theretofore submitted, or hear and decide motions submitted
by consent of counsel, but any such justice, when not actually engaged in performing the duties
of such appellate justice in the department to which he is designated, may hold any term of the
supreme court and exercise any of the powers of a justice of the supreme court in any judicial
district in any other department of the state. From and after the last day of December, eighteen
hundred and ninety-five, the appellate division shall have the jurisdiction now exercised by the
supreme court at its general terms and by the general terms of the court of common pleas for the
city and county of New York, the superior court of the city of New York, the superior court of
Buffalo and the city of Brooklyn, and such additional jurisdiction as may be conferred by the
legislature. The justices of the appellate division in each department shall have power to fix the
times and places for holding special and trial terms of the supreme court held therein and to
assign the justices in the departments to hold such terms; or to make rules therefor.
*** MEND ***
*** MSTART 054 003.0 006.0 0 NY 1894 1925 ***

Adopted Nov. 3, 1925 

Art 6,  Sec. 3. The appellate divisions in the first and second departments shall. severally have
power to establish an appellate term of the supreme court to be held in and for its department, to
be constituted of not less than three nor more than five justices of the supreme court, who shall
be designated from time to time by such appellate division and shall be residents of the depart-

ment. Any such appellate term may be discontinued and reestablished as said appellate divisions,
respectively, from time to time shall determine, and any designation to service therein may be
revoked at any time by the appellate division so designating. In each appellate term, no more than
three justices assigned thereto shall sit in any case; two of such justices shall constitute a quorum,
and the concurrence of two shall be necessary to a decision. Such appellate terms shall have
jurisdiction to hear and determine all appeals now or hereafter authorized by law to be taken to
the supreme court or to the appellate division other than appeals from the supreme court, a
surrogate's court, or the court of general sessions of the city of New York, as may from time to
time be directed by the appellate division establishing such appellate term. The appellate term or
the appellate division establishing it may allow an appeal from such appellate term to such
appellate division whenever in the opinion of either a question of law or fact is involved which
ought to be reviewed.

*** MEND ***
*** MSTART 701 004.0 006.0 0 NY 1894 1925 ***

[note: this amendment comes between amendments 54 and 55 in the amendment series, it is
renumbered because of a coding error.]


Adopted Nov. 3, 1925 ***

Art. 6 Sec. 4. The official terms of the justices of the supreme court shall be fourteen years from
and including the first day of January next after their election. 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 held not less than three months after such
vacancy occurs; and, until the vacancy shall be so filled, the governor, by and with the advice and
consent of the senate, if the senate shall be in session, or if not in session, the governor may fill
such vacancy by appointment, which shall continue until and including the last day of December
next after the election at which the vacancy shall be filled.

*** MEND ***

*** MSTART 055 005.0 006.0 0 NY 1895 1925 ***

Section five of the 1894 text of Article VI was eliminated by the general amendment of Article
VI in 1925, and section 7 was amended and renumbered section 5, as shown below.

Old Art. 6, Sec. 5. Repealed

Adopted Nov. 3, 1925

New Art. 6, Sec. 5.The court of appeals is continued. It shall consist of the chief judge, the six
elected associate judge snow in office, who shall hold their offices until the expiration of their
respective terms, and their successors, who shall be chosen by the electors of the state, and such
justices of the supreme court as may be designated for service in said. court as hereinafter pro-

vided. The official terms of the chief judge and elected associate judges shall be fourteen years
from and including the first day of January next after their election. Five members of the court
shall constitute a quorum, and the concurrence of four shall be necessary to a decision; but no
more than seven judges shall sit in any case. In case of the temporary absence or inability to act
of any judge of the court of appeals, the court may designate any justice of the supreme court to
serve as associate judge of the court during such absence or inability to act. The court shall have
power to appoint and to remove its clerk and attendants.
Whenever and as often as the court of appeals shall certify to the governor that  the court is
unable, by reason of the accumulation of causes pending therein, to hear and dispose of the same
with reasonable speed, the governor shall designate such number of justices of the supreme court
as may be so certified to be necessary, but not more than four, to serve as associate judges of the
court of appeals. The justices so designated shall be relieved, while so serving, from their duties
as justices of the supreme court, and shall serve as associate judges of the court of appeals until
the court shall certify that the need for the services of any such justices no longer exists,
whereupon they shall return to the supreme court. The governor may fill vacancies among such
designated judges. No such justice shall serve as associate judge of the court of appeals except
while holding the office of justice of the supreme court.  The designation of a justice of the
supreme court as an associate judge of the court of appeals shall not be deemed to affect his
existing office any longer than until the expiration of his designation as such associate judge, nor
to create a vacancy.

[formerly article 6, section 7

*** MEND ***
*** MSTART 056 006.0 006.0 0 NY 1894 1925 ***

Section 6 of the 1894 text of Article VI was eliminated by the general amendment of this Article
VI adopted in 1925, and section 8 was amended and renumbered section 6, as shown below.

Old Art. 6, Sec. 6 Repealed

Adopted Nov. 3, 1925

New Art. 6, Sec. 6 When a vacancy shall occur otherwise than by expiration of term, in the office
of chief or elected associate judge of the court of appeals, the same shall be filled, for a full term,
at the next general election held not less than three months after such vacancy occurs; and until
the vacancy shall be so filled, the governor, by and with the advice and consent of the senate if
the senate shall be in session, or if not in session, the governor may fill such vacancy by
appointment. If any such appointment be made from among the justices of the supreme court,
such appointment shall not be deemed to affect his existing office any longer than until the
expiration of his appointment as such associate judge, nor to create a 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 appointment
shall not be deemed to affect his office of associate judge any longer than until the expiration of
his appointment as chief judge, nor to create a vacancy. 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.

[formerly article 6, section 8]

*** MEND ***
*** MSTART 057 007.0 006.0 0 NY 1894 1925 ***

The 1894 text of section 9 was renumbered to section seven and continued, with various changes,
by the general amendment of Article VI adopted in 1925, as shown below.

Old Art. 6, Sec. 7 Renumbered as Art. 6, Sec. 5 

Adopted Nov. 3, 1925

New Art. 6, Sec. 7 
The jurisdiction of the court of appeals, except where the judgment is of death, or where the
appellate division, on reversing or modifying a final judgment in an action or a final order in a
special proceeding, makes new findings of fact and renders final judgment or a final order
thereon, shall be limited to the review of questions of law; but the right to appeal shall not
depend upon the amount involved.
Appeals may be taken to the court of appeals in the classes of cases enumerated in this section.
In criminal cases, directly from a court of original jurisdiction where the judgment is of death,
and in other criminal cases from an appellate division or otherwise as the legislature may from
time to time provide.
In civil cases and proceedings as follows:
(1) As of right, from a judgment or order entered upon the decision of an appellate division of the
supreme court which finally determines an action or special proceeding wherein is directly
involved the construction of the constitution of the state or of the United States, or where one or
more of the justices of the appellate division dissents from the decision of the court, or where the
judgment or order is one of reversal or modification.
(2) As of right, from an order of the appellate division granting a new trial where the appellant
stipulates that, upon affirmance, judgment absolute shall be rendered against him.
(3) As of right, from a judgment or order of a court of record of original jurisdiction which
finally determines an action or special. proceeding where the only question involved on the ap-

peal is the validity of a statutory provision of the state or of the United States under the
constitution of the state or of the United States; and on any such appeal only the constitutional
question shall be considered and determined by the court.
(4) From a determination of the appellate division of the supreme court in any department, other
than a judgment or order which finally determines an action or special proceeding, where the
appellate division allows the same and certifies that one or more questions of law have arisen
which, in its opinion, ought to be reviewed by the court of appeals, but in such case the appeal
shall bring up for review only the question or questions so certified; and the court of appeals shall
certify to the appellate division its determination upon such question or questions.
(5) From a judgment or order entered upon the decision of an appellate division of the supreme
court which finally determines an action or special proceeding but which is not appealable under
subdivision one of this section where the appellate division shall certify that in its opinion a
question of law is involved which ought to be reviewed by the court of appeals, or where, in case
of the refusal so to certify, an appeal is allowed by the court of appeals. Such an appeal shall be
allowed when required in the interest of substantial justice. The legislature may further restrict
the jurisdiction of the court of appeals and the right of appeal thereto. No appeal shall be taken to
said court of appeals from a final judgment or order of the appellate division in any civil case or
proceeding originally commenced in any court other than the supreme court, a county court, a
surrogate's court, or a court of claims or board of audit unless the appellate. division of the
supreme court shall certify that in its opinion a question of law is involved which ought to be
reviewed by the court of appeals.

[formerly article 6, section 9]

*** MEND ***

*** MSTART 058 008.0 006.0 0 NY 1894 1925 ***

Adopted Nov. 3, 1925

Old Art. 6 Section 8. Renumbered as Art. 6 Section 6.

New Art. 6 Section 8. Upon an appeal from a judgment or an order, any appellate court to which
the appeal is taken which is authorized to review such judgment or order may reverse or affirm,
wholly or in part, or may modify the judgment or order appealed from, and each interlocutory
judgment or intermediate or other order which it is authorized to review, and as to any or all of
the parties. It shall thereupon render judgment of  affirmance, judgment of reversal and final
judgment upon the right of any or all of the parties, or judgment of modification thereon
according to law, except where it may be necessary or proper to grant a new trial or hearing,
when it may grant a new trial or hearing.

*** MEND ***
*** MSTART 059 009.0 006.0 0 NY 1894 1925 ***

The 1894 of section 11 was renumbered to section 9 and continued, with various changes, by the
general amendment of Article VI adopted in 1925, as shown below.

Adopted Nov. 3, 1925

Old  Art. 6 Section 9. Renumbered as Art. 6 Section 7.

New Art. 6 Section 9. 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 other judicial officers, except justices of the
peace, justices of the municipal court of the city of New York and judges or justices of inferior
courts not of record, may be removed by the senate, on the recommendation of the governor, if
two-thirds of all the members elected to the senate concur therein. But no officer shall be
removed by virtue of this section except for cause, which shall be entered on the journals,, nor
unless he shall have been served with a statement of the cause alleged, and shall have had an
opportunity to be heard. On the question of removal, the yeas and nays shall be entered on the
journal.



*** MEND ***
*** MSTART 060 010.0 006.0 0 NY 1894 1925 ***


Section 10 of the 1894 text of Article VI was eliminated by the general amendment of this article
adopted in 1925, and section 13 was amended and renumbered section 10, as shown below. The
subject matter of old section 10 was made part of section 19 of this article as generally amended
in 1925. 
The 1894 text of section 13 was continued, with various changes, by the general amendment of
Article VI adopted in 1925, as shown below.

Adopted Nov. 3, 1925

Old  Art. 6, Sec. 10. Repealed.

New Art. 6, Sec. 10. The assembly shall have the power of impeachment by a vote of a majority
of all the members elected thereto. The court for the trial of impeachments shall be composed of
the president of the senate, the senators, or the major part of them, and the judges of the court of
appeals, or the major part of them. On the trial of an impeachment against the governor or
lieutenant-governor, neither the lieutenant-governor nor the temporary president of the senate
shall 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 the evidence, and no person
shall be convicted without the concurrence of two-thirds of the members present. Judgment in
cases of impeachment shall not extend further than to removal from office, or removal from
office and disqualification to hold and enjoy any public office of honor, trust, or profit under this
state; but the party impeached shall be liable to indictment and punishment according to law.

*** MEND ***
*** MSTART 061 011.0 006.0 0 NY 1894 1925 ***

The 1914 text of section 14 was renumbered to section 11 and continued, with various changes,
by the general amendment of Article IV adopted in 1925, as shown below.

Adopted Nov. 3, 1925

Old Art. 6, Sec. 11. Renumbered as Art. 6, Sec. 9 .

New Art. 6, Sec. 11. The existing county courts are continued, and the judges thereof now in
office shall hold their offices until the expiration of their respective terms. In the county of Kings
there shall be five county judges and in the county of Bronx two county judges. The number of
county judges in any county may also be increased, from time to time, by the legislature, to such
number that the total number of county judges in any one county shall not exceed one for every
two hundred thousand, or major fraction thereof, of the population of such county. The additional
county judge in the county of  Bronx shall be chosen at the general election held in the first odd-
numbered year after the adoption of this amendment. The, additional county judges whose offices
may be created by the legislature shall be chosen at the general election held in the first odd-
numbered year after the creation of such office. All county judges, including successors to
existing judges, shall be chosen by the electors of the counties for the term of six years from and
including the first day of January following their election except that in counties within the city
of New York the term shall be fourteen years. County courts in counties outside the city of New
York shall have the powers and jurisdiction now prescribed by law, and also original jurisdiction
in actions for the recovery of money only, where all the defendants reside in the county and in
which the complaint demands judgment for a sum not exceeding three thousand dollars; but, if,
in any action, brought in said court, a counterclaim for more than three thousand dollars shall be
interposed, the supreme court, on the application of either party made in the judicial district
embracing the county, may remove the cause to the supreme court, whereupon such action shall
proceed and be heard as if originally brought therein. The legislature may hereafter enlarge or
restrict the jurisdiction of the county courts provided, however, that their jurisdiction shall not be
so extended as to authorize an action therein for the recovery of money only in which (1) the sum
demanded exceeds three thousand dollars, or (2) in which any person not a resident of the county
is a defendant, unless such defendant have an office for the transaction of business within the
county and the cause of action arose therein. From and after the first day of January in the second
year following the adoption of this article, all the jurisdiction in civil actions or proceedings now
vested in the county courts of the counties of Kings, Bronx, Queens and Richmond shall be
withdrawn from such county courts and vested in the city court of the city of New York as
constituted in and by section fifteen of this article, and said county courts shall thereafter be
vested with jurisdiction only in criminal prosecutions or proceedings as now or hereafter pro-

vided by law.  County judges shall perform such duties as E may be prescribed by law, and their
compensation, as established by law, shall be payable out of the county treasury. A county judge
of any county outside the city of New York may hold the county court in any other county when
requested by the county judge of such other county; and, in case of the death, absence, or
incapacity of a county judge, in a county having no special county judge then able to serve, the
governor may designate a county judge of another county to hold the county court during such
vacancy, absence, or inability to act.

*** MEND ***
*** MSTART 062 012.0 006.0 0 NY 1894 1925 ***

Section 12 of the 1894 text of Article VI was eliminated by the general amendment of this article
adopted in 1925, and section 16 was amended and renumbered section 12, as shown below. The
subject matter of old section 12 was made part of section 19 of this article as generally amended
in 1925.

Adopted Nov. 3, 1925

Old Art. 6 Section 12.  Repealed.

New Art. 6 Section 12. The legislature, on application of the board of supervisors or other body
exercising similar powers, may, in any county having a county court, provide for the election of a
special county judge or special surrogate, not to exceed two in any county, to discharge the duties
of county judge or of surrogate in such  cases as may be provided by. Any such special county
judge or surrogate shall be chosen at the general election held in the first odd-numbered year
after the creation of any such office, to take office on the 1st day of January following such
election, but no appointment shall be made by the governor to such office meantime.
*** MEND ***
*** MSTART 063 013.0 006.0 0 NY 1894 1925 ***

The 1894 text of section 15 was renumbered to section 13 and continued, with various changes,
by the general amendment of Article VI adopted in 1925 as shown below.

Adopted Nov. 3, 1925

Old Art. 6 Section 13. Repealed

New Art. 6 Section 13. The existing surrogates' courts are continued, and the surrogates now in
office shall hold their offices until the expiration of their respective present terms. Their suc-

cessors shall be chosen by the electors of their respective counties, and their terms of office shall
be six years, except in the counties of New York, Kings, Bronx and Queens, where they shall
hereafter be elected for terms of fourteen years. The legislature may provide for the election of an
additional surrogate in any county having a population of more than one million. Surrogates and
surrogates' courts shall have the jurisdiction, legal and equitable, and powers now established by
law until otherwise provided by the legislature. The county, judge shall be and serve as surrogate
of his county except where a separate surrogate has been or shall be elected. In any county having
a population exceeding forty thousand wherein there is now no separate surrogate, the legislature
may provide for the election of a separate officer to be surrogate, whose term of office shall be
six years. When the surrogate shall be elected as a separate officer, his compensation shall be
established by law, and shall be payable out of the county treasury.
The legislature may at any time provide that the duties of county judge and surrogate in any
county be discharged by the same person. For the relief of surrogates' courts, the legislature may
confer upon the supreme court in any county having a population exceeding four hundred
thousand, the powers and jurisdiction of surrogates.

*** MEND ***
*** MSTART 064 014.0 006.0 0 NY 1894 1925 ***

 Adopted Nov. 3, 1925

Old Art. 6 Section 14. Renumbered as Art. 6 Section 11 (with changes)

New Art. 6 Section 14. The court of general sessions in and for the city and county of New York
is continued with its present jurisdiction, under the name of the court of general sessions of the
county of New York. The said court shall consist of the judges now in office, all of whom shall
continue to be judges of the court of general sessions of the county of New York for the
remainder of the terms for which they were severally elected or appointed. The successors to the
judges who were elected or appointed as judges of the court of general sessions in and for the city
and county of New York shall be elected by the electors within the county of New York. The
legislature may in its discretion authorize the election of one or more additional judges of said
court. The successors to all said judges of the court of general sessions of the county of New
York shall be elected for the term of fourteen years.
               
*** MEND ***

*** MSTART 065 015.0 006.0 0 NY 1894 1925 ***

Adopted Nov. 3, 1925

 Art. 6 Section 15. The city court of the city of New York is Continued, and, from and after the
first day of January in the second year following the adoption of this article, it shall have the
same jurisdiction and power throughout the city of New York, under the name of the city court of
the city of New York, as it now possesses within the county of New York and the county of
Bronx, and original jurisdiction concurrent with the supreme court in actions for the recovery of
money only in which the complaint demands judgment for a sum not exceeding three thousand
dollars, and interest, and in actions of replevin, foreclosure of mechanic's liens and liens on
personal property where the property involved does not exceed in value the sum. of three
thousand dollars. Its jurisdiction to enter judgment upon a counterclaim shall be unlimited. It
shall consist of the justices then in office who shall continue to be justices of the court for the
remainder of the terms for which they severally were elected or appointed, and the additional
justices to be elected as provided in this section. The justices who were elected or appointed as
justices of the city court of the city of New York shall be paid the compensation now fixed by
law for such justices until the expiration of the terms for which they were respectively elected or
appointed. Eight of their successors shall be elected by the electors of the county of New York
and two by the electors of the county of Bronx, and hold office for ten years. There shall also be
five additional justices, two of whom shall reside in and be chosen by the electors in the county
of Kings, and one of whom shall reside in and be chosen by the electors in each of the counties of
New York, Bronx and Queens, and all of whom shall be elected at the first general election
following the adoption of this article, and they and their successors, who shall be chosen in like
manner, shall hold office for ten years. Until the legislature shall otherwise provide, the county
judge and surrogate of Richmond county shall perform in said county the duties of a justice of
the city court of the city of New York and also the duties of a justice of the supreme court at
chambers or out of court. The legislature may in its discretion authorize the election of one or
more additional justices of the city court in any county within, the city of New York. The justices
hereafter elected shall receive from the city of New York such compensation as may be fixed by
law.
The justices of the city court of the city of New York shall choose one of their number to be the
presiding justice thereof, who shall act as such during his term of office, and who shall be
charged with the general administration of the court and the assignment of the justices to hold the
terms thereof, subject to such regulations as the presiding justices of the appellate divisions of the
supreme court in the first and second departments shall from time to time prescribe. The justices
of said city court shall have power to appoint and remove a chief clerk of the court, and one or
more deputy clerks in each county, who shall keep their respective office or offices at a place or
places to be designated by the court, and whose duties shall be regulated and supervised by the
presiding justice of the court.
All civil actions or proceedings pending on said first day of January in the county courts of the
counties of Kings, Bronx, Queens and Richmond, respectively, are hereby transferred to the city
court of the city of New York for hearing and determination at terms held within the counties in
which the same shall be pending, and, for the purpose only of such hearing and determination
and the enforcement of the judgments rendered thereon, said city court shall have and exercise
the equity jurisdiction previously vested in the respective county courts from which such cases
are so transferred, but not otherwise. Until the legislature shall otherwise provide, the clerk of the
city court of the city of New York and the chief clerk of the county court in each of the counties
of Kings, Bronx, Queens and Richmond, shall severally act within his county as a deputy clerk of
the city court of the city of New York, and the presiding justice of the court shall make such rules
and regulations respecting the clerk's offices, the assignment of secretaries to the justices, court
clerks, stenographers, interpreters and other attendants and the distribution of the business of the
court in the said several counties as from time to time may be expedient, subject to such general
regulations as the presiding justices of the appellate divisions of the first and second departments
shall from time to time prescribe. Appeals from the city court of the city of New York shall be
taken to the appellate term for the appropriate department or otherwise as may be prescribed by
law.

*** MEND ***
*** MSTART 066 016.0 006.0 0 NY 1894 1925 ***

Adopted Nov. 3, 1925

Art. 6 Section 16. Vacancies occurring in the office of county judge, special county judge,
surrogate, special surrogate, judge of the court of general sessions of the city of New York, or
justice of the county court of the city of New York2  shall be filled by appointment by the
governor by and with the advice and consent of the senate if the senate be in session, or if not in
session, the governor shall fill such vacancy by appointment which shall continue until and
including the last day of December next after the election at which the vacancy shall be filled.

*** MEND ***
*** MSTART 067 017.0 006.0 0 NY 1894 1925 ***

Adopted Nov. 3, 1925

Art. 6 Section 17. The electors of the several towns shall, at their annual town meetings, or at
such other time and in such manner as the legislature may direct, elect justices of the peace,
whose term of office shall be four years. In case of an election to fill a vacancy occurring before
the expiration of a full term, they shall hold for the remainder of the unexpired term. Their
number, classification and duties shall be regulated by law. Justices of the peace, justices of the
municipal court of the city of New York, and judges or justices of inferior courts not of record,
and their clerks, may be removed for cause, after. due notice and an opportunity of being heard,
by such courts as are or may be prescribed by law. All other judicial officers in cities, whose
election or appointment is not otherwise provided for in this article, including all judicial officers
holding courts of special sessions, magistrates' courts, or other inferior local courts of criminal
jurisdiction in the city of New York, shall be chosen by the electors of such cities, or appointed
by some local authorities thereof as may be prescribed by law. The boards of supervisors, or
other officials exercising power now vested in such boards, may fix the compensation to be paid
or allowed to justices of the peace for their services in criminal matters.

*** MEND ***
*** MSTART 068 017.0 006.0 0 NY 1894 1929 ***

Adopted Nov. 5, 1929

Art. 6 Sec. 17. The electors of the several towns shall, at their annual town meetings, or at such
other time and in such manner as the legislature may direct, elect justices of the peace, whose
term of office shall be four years. In case of an election to fill a vacancy occurring before the
expiration of a. full term, they shall hold for the remainder of the unexpired term. Their number,
classification and duties shall be regulated by law. Justices of the peace, justices of the municipal
court of the city of New York, and judges or justices of inferior courts not of record, and their
clerks, may be removed for cause, after due notice and an opportunity of being heard, by such
courts as are or may be prescribed by law. All other judicial officers in cities, whose election or
appointment is not otherwise provided for in this article, including all judicial officers holding
courts of special sessions, magistrates' courts, or other inferior local courts of criminal
jurisdiction in the city of New York shall be chosen by the electors of such cities, or appointed by
some local authorities thereof as may be prescribed by law. The boards of supervisors, or other
officials exercising power now vested in such boards, may fix the compensation to be paid or
allowed to justices of the peace for their services in criminal matters; but the powers or duties in
criminal matters now exercised by justices of the peace may be transferred by law to inferior
local courts of criminal jurisdiction, the territorial jurisdiction of which outside of cities may be
defined by the respective boards of supervisors.

*** MEND ***
*** MSTART 069 018.0 006.0 0 NY 1894 1925 ***

Adopted Nov. 3, 1925

Art. 6 Section 18. Inferior local courts of civil and criminal jurisdiction may be established by the
legislature, but no such inferior local court which has been created since the first day of January,
one thousand eight hundred and ninety-five, or is hereafter created shall be a court of record. All
inferior local courts now or hereafter established may be regulated or discontinued by the
legislature. The legislature shall not hereafter confer upon any inferior or local court of its
creation any equity jurisdiction or any greater jurisdiction in other respects than is conferred upon
county courts by or under this article; but it may provide that the territorial jurisdiction in civil
cases of any inferior or local court now existing or hereafter established in any city or of justices
of the peace in cities shall extend throughout the county or counties in which such city may be
located. Courts of special sessions and inferior local courts of similar character shall have such
jurisdiction of offenses of the grade of misdemeanors as may be prescribed by law, and the
legislature may authorize them to try such offenses without a jury. The legislature may establish
children's courts, and courts of domestic relations, as separate courts, or as parts of existing
courts or courts hereafter to be created, and may confer upon them such jurisdiction as may be
necessary for the correction, protection, guardianship and disposition of delinquent, neglected or
dependent minors, and for the punishment and correction of adults responsible for or contributing
to such delinquency, neglect or dependency, and to compel the support of a wife, child, or poor
relative by persons legally chargeable therewith who abandon or neglect to support any of them.
In conferring such jurisdiction the legislature shall provide that whenever a child is committed to
an institution or is placed in the custody of any person by parole, placing out, adoption, or
guardianship, it shall be so committed or placed, when practicable, to an institution governed by
persons, or in the custody of a person, of the same religious persuasion as, the child. In the
exercise of such jurisdiction such courts may hear and determine such causes with or without a
jury, except those involving a felony.

*** MEND ***
*** MSTART 070 019.0 006.0 0 NY 1894 1925 ***

Adopted Nov. 3, 1925

Art. 6 Section 19. All judges, justices and surrogates shall receive for their services such
compensation as is now or may hereafter be established by law, provided only that such,
compensation shall not be diminished during their respective terms of office. Except as in this
article provided, all judicial officers shall be elected or appointed at such times and in such
manner as the legislature may direct. No one shall be eligible to the office of judge of the court of
appeals, justice of the supreme court, surrogate, or judge of any other court of record who is not
an attorney and counselor of this state except in the county of Hamilton as to the office of county
judge or surrogate. No judge or justice shall sit in any appellate court in review of a decision
made by him or by any court of which he was at the time a sitting member. No person shall hold
the office of judge or justice of any court or the office of surrogate longer than until and
including the last day of December next after he shall be seventy years of age. The judges of the
court of appeals and the justices of the supreme court shall not hold any other public office or
trust, except that they shall be eligible to serve as members of a constitutional convention. All
votes for any such judges or justices for any other than a judicial office or as a member of a
constitutional convention, given by the legislature or the people, shall be void. No judicial officer
except justices of the peace, shall receive to his own use any fees or perquisites of office. A judge
of the court of appeals, a justice of the supreme court, a judge of the court of general sessions of
the county of New York a justice of the city court of the city of New York, and a county judge or
surrogate elected in a county having a population exceeding one hundred and twenty thousand,
shall not practice as an attorney or counselor in any court of record in this state nor act as referee
in any action or proceeding. The legislature may impose a similar prohibition upon county judges
or surrogates in other counties. No district attorney or assistant to or deputy of a district attorney
shall appear or act as attorney or counsel for the defendant in any criminal case or proceeding in
any court of the state, nor shall any county judge, special county judge, surrogate, or special
surrogate appear or act as counsel for a defendant in any criminal case or proceeding pending in
his own county or in any adjacent county.

*** MEND ***
*** MSTART 071 020.0 006.0 0 NY 1894 1925 ***

Section 20 of the 1894 text of Article VI was eliminated by the general amendment of this article
adopted in 1925, and a new section 20 was added, as shown below. The subject matter of old
section 20 was made part of section 19 of this article as generally amended in 1925.  The subject
matter of new section 20 was formerly contained in section 3 of the 1894 text.

Old Art. 6 Sec. 20. Renumbered into part of Art. 6 Sec. 19. 

New Art. 6 Sec. 20. 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 in equity that it has heretofore exercised.

*** MEND ***
*** MSTART 071 021.0 006.0 0 NY 1894 1925 ***

The text of section 19 was renumbered section 21 and continued, with various changes, by the
general amendment of article VI adopted in 1925.

Adopted Nov. 3, 1925.

Old Art. 6 Sec. 21. Renumbered as Art. 6 Sec. 22.

New Art. 6 Sec. 21. The 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. The clerk of the court of appeals and the clerks of the
appellate divisions shall receive such compensation as may be established by law which shall be
paid out of the state treasury.

*** MEND ***
*** MSTART 072 022.0 006.0 0 NY 1894 1925 ***

Section 22 of the 1894 text of Article VI was eliminated by the general amendment of this article
adopted in 1925, and section 21 was amended and renumbered section 22, as shown below.
The 1894 text of section 21 was continued with various changes, by the general amendment of
Article VI adopted in 1925, as shown above.

Adopted Nov. 3, 1925

Old Art. 6 Sec 22.  Repealed.

Art. 6 Sec. 22. The legislature shall provide for the speedy publication of all, statutes and all civil
or criminal practice acts and rules, and -for the collection, compilation and publication annually
of the civil and criminal judicial statistics of the state. It shall further provide for the creation of a
state law reporting bureau, which shall be under the direction and control o f an official state
reporter, who shall be appointed and be removable by the court of appeals, and who shall be
charged with the duty, as may be provided by law and directed by said court, of publishing
official reports of the opinions or decisions of all the courts of the state. But all laws and judicial
opinions or decisions shall nevertheless be free for publication by any person.
*** MEND ***
*** MSTART 073 023.0 006.0 0 NY 1894 1925 ***

Section 23 of the 1894 text of Article IV was eliminated by the general amendment of his article
adopted in 1925, and a new section 23 was added, as shown below.

Adopted Nov. 3, 1925

Art. 6 Sec. 23. Nothing in this article contained shall abridge the authority of the legislature to
create or abolish any board or court with jurisdiction to hear and audit or determine claims
against the state, and any such tribunal existing when this article shall take effect shall be
continued with the powers then vested in it
until otherwise provided by law.

*** MEND ***
*** MSTART 074 002.0 007.0 0 NY 1894 1920 ***

Adopted Nov. 8, 1920

Art. 7 Sec. 2. The state may contract debts in anticipation of the receipt of taxes and revenues,
direct or indirect, for the purposes and within the amounts of appropriations theretofore made;
bonds or other obligations for the moneys so borrowed shall be issued as may be provided by
law, and shall with the interest thereon be paid from such taxes and revenues within one year
from the date of issue.

*** MEND ***
*** MSTART 075 003.0 007.0 0 NY 1894 1929 ***

Adopted Nov. 5, 1929 

Art. 7 Sec. 3. 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, or to suppress forest
fires; 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.

*** MEND ***
*** MSTART 076 004.0 007.0 0 NY 1894 1918 ***

Adopted Nov. 5, 1918

Art. 7 Sec. 4. Except the debts specified in sections two and three of this article, no debts shall be
hereafter contracted by or in behalf of this state, unless such debt shall be authorized by law, for
some single work or object, to be distinctly specified therein.  No such debt hereafter authorized
shall be contracted for a period longer than that of the probable life of the work or object for
which the debt is to be contracted to be determined by general laws, which determination shall be
conclusive, nor for more than fifty years from the time of the contracting of such debt. A debt
hereafter contracted by the state, pursuant to an authorization hereafter made, and each portion of
any such debt from time to time so contracted, may, if provided by the law authorizing such debt,
be paid in equal annual instalments, the first of which shall be payable not more than one year,
and the last of which shall be payable not more than fifty years, after such debt or portion thereof
shall have been contracted. Such law shall if it authorize the contracting of a debt payable
otherwise than in equal annual instalments impose and provide for the collection of a direct
annual tax to pay, and sufficient to pay, the interest on such debt as it falls due, and also to pay
and discharge the principal of such debt within fifty years from the time of the contracting
thereof. No law authorizing the contracting of a debt pursuant to this section 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, if any, imposed by such act, in proportion to the debt and liability which may have been
contracted in pursuance of such law, shall remain in force and be irrepealable, and be annually
collected, until the proceeds thereof shall have made the provision hereinbefore specified to pay
and discharge the interest and principal of such debt and liability. The money arising from any
loan or stock creating such debt or liability shall be applied to the work or object specified in the
act authorizing such debt or liability, or for the payment 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 shall be submitted to be voted
for or against. . The legislature may provide for the issue of bonds of the state to run for a period
not exceeding fifty years in lieu of bonds heretofore authorized but not issued and shall impose
and provide for the collection of a direct annual tax for the' payment of the same as hereinbefore
required. When any sinking fund created under this section shall equal in amount the debt for
which it was created, no further direct tax shall be levied on account of said sinking fund and the
legislature shall. reduce the tax to an amount equal to the accruing interest on such debt. The
legislature may from time to time alter the rate of interest to be paid upon any state debt, which
has been or may be authorized pursuant to the provisions of this section, or upon any part of such
debt, provided, however, that the rate of interest shall not be altered upon any part of such debt or
upon any bond or other evidence thereof, which has been, or shall be created or issued before
such alteration. In case the legislature increase the rate of interest upon any such debt, or part
thereof, it shall, if such debt be payable otherwise than in equal annual instalments, impose and
provide for the collection of a direct annual tax to pay and sufficient to pay the increased or
altered interest on such debt as it falls due and also to pay and discharge the principal of such
debt within fifty years from the time of the contracting thereof, and shall appropriate annually to
the sinking fund moneys in amount sufficient to pay such interest and pay and discharge the
principal of such debt when it shall become due and payable.
*** MEND ***

*** MSTART 077 004.0 007.0 0 NY 1894 1920 ***
Adopted Nov. 8, 1920 

Art. 7 Sec. 4. Except the debts specified in sections two and three of this article, no debt shall be
hereafter contracted by or in behalf of this state, unless such debt shall be authorized by law, for
some single work or object, to be distinctly specified therein. 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?" 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 nor shall it be submitted to be voted on within three months after its passage nor at
any general election when any other law, or any bill shall be submitted to be voted for or against.
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.
Except the debts specified in sections two and three of this article, all debts contracted by the
state after January first, nineteen hundred and twenty, pursuant to an authorization therefor,
heretofore or hereafter made and each portion of any such debt from time to time so contracted
irrespective of the terms of such authorization, shall be paid in equal annual instalments, the first
of which shall be payable not more than one year, and the last of which shall be payable not more
than fifty years, after such debt or portion thereof shall have been contracted. No such debt here-

after authorized shall be contracted for a period longer than that of the probable life of the work
or object for which the debt is to be contracted, to be determined by general laws, which deter-

mination shall be conclusive.  The legislature may from time to time alter the rate of interest to
be paid upon any state debt which has been or may be authorized pursuant to the provisions of
this section or upon any part of such debt, provided, however, that the rate of interest shall not be
altered upon any part of such debt or upon any bond or other evidence thereof which has been or
shall be created or issued before such alteration.
The money arising from any loan creating such debt or liability shall be applied to the work or
object specified in the act authorizing such debt or liability, or for the payment of such debt or
liability, and for no other purpose whatever.
*** MEND ***

*** MSTART 078 005.0 007.0 0 NY 1894 1920 ***

Adopted Nov. 8, 1920

Art. 7 Sec. 5. The sinking, funds provided for, the payment. of interest and the extinguishment of
the principal of the debts of the state heretofore contracted shall be continued; they shall be
separately kept and safely invested and neither of them shall be appropriated or used in any
manner other than for such payment and extinguishment as hereinafter provided. The comptroller
shall each year appraise the securities held for investment in each of such funds at their fair
market value not exceeding par. He shall then determine and certify to the legislature the amount
of each of such funds and the amounts which, if thereafter annually contributed to each such
fund, would, with the fund and with the accumulations thereon and upon the contributions
thereto, computed at the rate of three per centum per annum, produce at the date of maturity the
amount of the debt to retire which such fund was created, and the legislature shall thereupon
appropriate as the contribution to each such fund for such year at least the amount thus certified.
If the income of any such fund in any year is more than a sum which, if annually added to such
fund would, with the fund and its accumulations as aforesaid, retire the debt at maturity, the
excess income may be applied to the interest on the debt for which the fund was created.
After any sinking fund shall equal in amount the debt for which it was created no further
contribution shall be made thereto except to make good any losses ascertained at the annual
appraisals above mentioned, and the income thereof shall be applied to the payment of the
interest on such debt. Any excess in such income not required for the payment of interest may be
applied to the general fund of the state.
The legislature may also by general laws provide means and authority whereby outstanding
bonds of the state, for which sinking funds are provided, may be exchanged at par for
cancellation, for serial bonds of the form authorized under section four of this article, upon such
terms and conditions as to interest and otherwise as it may in its discretion authorize or
determine, except that the debt as thus refunded shall finally mature no later and at no greater
comparative cost to the state than the original debt; the determination of the legislature as to such
comparative cost shall be conclusive. No further contributions to the respective
sinking funds shall be made on account of bonds so exchanged and the proportion of any such
sinking fund which the amount of the bonds 3o exchanged shall bear to the amount of bonds out-

standing of the same issue may be appropriated, as required, for the payment of the substituted
serial bonds.

*** MEND ***
*** MSTART 079 007.0 007.0 0 NY 1894 1918 ***

Adopted Nov. 5, 1918 

Art. 7 Sec. 7. The lands of the state, now owned or hereafter acquired, 1918 Text constituting the
forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be
leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber
thereon be sold, removed or destroyed. Nothing contained in this section shall prevent the state
from constructing a state highway from Saranac Lake in Franklin county to Long Lake in
Hamilton county and thence to Old Forge in Herkimer county by way of Blue Mountain lake and
Racquette lake.
The legislature may by general laws provide for the use of not exceeding three per centum of
such lands for the construction and maintenance of reservoirs for municipal water supply, for the
canals of the state and to regulate the flow of streams. Such reservoirs shall be constructed,
owned and controlled by the state, but such work shall not be undertaken until after the
boundaries and high flow lines thereof shall have been accurately surveyed and fixed, and after
public notice, hearing and determination that such lands are required for such public use. The
expense of any such improvements shall be apportioned on the public and private property and
municipalities benefited to the extent of the benefits received. Any such reservoir shall always be
operated by the state and the legislature shall provide for a charge upon the property and
municipalities benefited for a reasonable return to the state upon the value of the rights and
property of the state used and the services of the state rendered, which shall be fixed for terms of
not exceeding ten years and be readjustable at the end of any term.. Unsanitary conditions shall
not be created or continued by any such public works. A violation of any of the provisions of this
section may be restrained at the suit of the people or, with the consent of the supreme court in
appellate division, on notice to the attorney-general at the suit of any citizen.

*** MEND ***
*** MSTART 080 007.0 007.0 0 NY 1894 1927 ***

Adopted Nov. 8, 1927

Art. 7 Sec. 7. The lands of the state, now owned or hereafter acquired, constituting the forest
preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased,
sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon
be sold, removed or destroyed. Nothing .contained in this section shall prevent the state from
constructing a state highway from Saranac lake in Franklin county to Long lake in Hamilton
county and thence to Old Forge in Herkimer county by way of Blue Mountain lake and Racquette
lake, and nothing shall prevent the state from constructing a state highway
in Essex county from Wilmington to the top of Whiteface mountain.
The legislature may by general laws provide for the use of not exceeding three per centum of
such lands for the construction and maintenance of reservoirs for municipal water supply, for the
canals of the state and to regulate the flow of streams. Such reservoirs shall be constructed,
owned and controlled by the state, but such work shall not be undertaken until after the
boundaries and high flow lines thereof shall have been accurately surveyed and fixed, and after
public notice, hearing and determination that such lands are required for such public use. The
expense of any such improvements shall be apportioned on the public and private property and
municipalities benefited to the extent of the bene fits received. Any such reservoir shall always
be operated by the state and the legislature shall provide for a charge. upon the property and
municipalities benefited for a reasonable return to the state upon the value of the rights and
property of the state used and the services of the state rendered, which shall be fixed for terms of
not exceeding ten years and be readjustable at the end of any term. Unsanitary conditions shall
not be created or continued by any such public works. A violation of any of the provisions of this
section may be restrained at the suit of the people or, with the consent of the supreme court in
appellate division, on notice to the attorney-general at the suit of any citizen.

*** MEND *** 
*** MSTART 081 007.A 007.0 0 NY 1894 1933 ***

This amendment adds a new section, numbered 7-a, to Article 7.
Adopted Nov. 7, 1933 

Art. 7 Sec.7-a. Nothing contained in section seven of this article, shall prevent the state from
constructing a state highway in Hamilton county from Indian Lake to the village of Speculator by
way of the existing highway whenever practical.
*** MEND ***
*** MSTART 082 008.0 007.0 0 NY 1894 1918 ***

Adopted Nov. 5, 1918 

Art. 7 Sec. 8. 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. The prohibition of
lease, sale or other disposition herein contained, shall not apply to the canal known as the Main
and Hamburg street canal, situated in the city of Buffalo, and which extends easterly from the
westerly line of Main street to the westerly line of Hamburg street, nor to that portion of the
existing Erie canal in the city of Utica between the westerly line of Schuyler street and the
easterly line of Third street, provided that a flow of sufficient water from Schuyler street to Third
street to feed that portion of the canal east of Third street be maintained. All funds that may be
derived from any lease, sale or other disposition of any canal shall be applied to the improve-

ment, superintendence or repair of the remaining portion of the canals.

*** MEND ***
*** MSTART 083 008.0 007.0 0 NY 1894 1921 ***

Two separate amendments to this article were approved on Nov. 8, 1921.
Adopted Nov. 8, 1921 

Art. 7 Sec.8. 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. The prohibition of
lease, sale or other disposition herein contained, shall not apply to the canal known as the Main
and Hamburg street canal, situated in the city of Buffalo, and which extends easterly from the
westerly line of Main street to the westerly line of Hamburg street, nor to that portion of the
existing Erie canal between Rome and Mohawk. All funds that may be derived from any lease,
sale or other disposition of any canal shall be applied to the improvement, superintendence or
repair of the remaining portion of the canals.

*** MEND ***
*** MSTART 084 008.0 007.0 0 NY 1894 1921 ***

Two separate amendments to this article were approved Nov. 8, 1921.
Adopted Nov. 8, 1921.

Art. 7 Sec. 8. 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. The prohibition of
lease, sale or other disposition herein contained, shall not apply to the canal known as the Main
and Hamburg street canal, situated in the city of Buffalo, and which extends easterly from the
westerly line of Main street to the Westerly line of Hamburg street, nor to that portion of the
existing Erie canal in the city of Utica between the westerly line of Schuyler street and the
easterly line of Third street, provided that a flow of sufficient water from Schuyler street to Third
street to feed that portion of the canal east of Third street be maintained; nor shall such
prohibition apply to that portion of the existing Erie canal in the county of Herkimer between the
easterly portion of the village of Mohawk and the county boundary line between the counties of
Herkimer and Oneida. All funds that may be derived from any lease, sale or other disposition of
any canal shall be applied to the improvement, superintendence or repair of the remaining portion
of the canals.
*** MEND ***
*** MSTART 085 008.0 007.0 0 NY 1894 1933 ***

Adopted Nov. 7, 1933.
Art 7 Sec. 8. 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. The prohibition of
lease, sale or other disposition herein contained, shall not apply to the canal known as the Main
and Hamburg street -banal, situated in the city of Buffalo, and which extends easterly from the
westerly line of Main street to the westerly line of Hamburg street, nor to that portion of the
existing Me canal between Rome and Mohawk. The prohibition of lease, sale or other disposition
herein contained, shall not apply to the barge terminal canal lands situated at the foot of West
Fifty third street and the Hudson or North river, known generally as pier ninety-three, North
river, in the borough of Manhattan and city of New York. All funds that may be derived from any
lease, sale or other disposition of any canal shall be applied to the improvement, superintendence
or repair of the remaining portion of the canals.

*** MEND ***
*** MSTART 086 011.0 007.0 0 NY 1894 1918 ***

Adopted Nov. 5, 1918
 
Art. 7 Sec. 11. The legislature may appropriate out of any funds in the treasury, moneys to pay
the accruing interest and principal of any debt heretofore or hereafter created, or any part thereof
and may, if such debt be payable otherwise than in annual instalments, set apart in each fiscal
year, moneys in the state treasury as a sinking fund to pay the interest as it falls due and to pay
and discharge the principal of any debt heretofore or hereafter created under section four of
article seven of the constitution until the same shall be wholly paid, and the principal and income
of such sinking fund is created and to no other purpose whatever; and, in the event such moneys
so set apart in any fiscal year for such year need not be imposed and collected, as required by the
provisions of said section four of article seven, or of any law enacted in pursuance thereof.  The
legislature shall annually as the same shall fall due provide by direct tax, appropriation or both
for the payment of the interest upon and instalments of principle of all debts created on behalf of
the state, payable in annual instalments, pursuant to section four of article seven, or of any law
enacted in pursuance thereof.

*** MEND ***
*** MSTART 087 011.0 007.0 0 NY 1894 1920 ***

Adopted Nov. 8, 1920

Art. 7, Sec. 11. The legislature shall annually provide by appropriation for the payment of the
interest upon and instalments of principal of all debts created on behalf of the state except those
contracted under section two of this article, as the same shall fall due, and for the contribution to
all of the sinking funds heretofore created by law, of the amounts annually to be contributed
under the provisions of section five of this article. If at any time the legislature shall fail to make
any such appropriation, the comptroller shall set apart from the first revenues thereafter received,
applicable to the general fund of the state, a sum sufficient to pay such interest, instalments of
principal, or contributions to such sinking fund, as the case may be, and shall so apply the
moneys thus set apart. The comptroller may be required to set aside and apply such revenues as
aforesaid, at the suit of any holder of such bonds.

*** MEND ***
*** MSTART 088 012.0 007.0 0 NY 1894 1920 ***

Adopted Nov. 8, 1920 

Art. 7, Sec. 12. Debts, hereafter authorized for the improvement of highways shall be created
only in the manner provided in section four of this article. No provision of this article shall be
deemed to impair or affect the validity of any debt of the state heretofore contracted or any right
or obligation heretofore created between the state and any of its civil divisions.

*** MEND ***

*** MSTART 089 013.0 007.0 0 NY 1894 1923 ***

New.  Adopted Nov. 6, 1923 

Art. 7, Sec. 13. The legislature may authorize by law the creation of a debt or debts of the state to
provide for the payment of bonuses to honorably discharged soldiers, sailors and marines of -the
World War who were actual residents of the state at the time of their enlistment or induction into
the military service of the United States. An apportionment of the moneys on the basis of the
periods of service of the respective beneficiaries shall be provided for by general laws. The
aggregate of the debts authorized by this section shall not exceed forty-five million dollars. The
provisions of this article, not inconsistent with this section, relating to the issuance of bonds for a
debt or debts of the state and the maturity and payment thereof, shall apply to a debt or debts
created pursuant to this section; except that the law authorizing the contracting of such debt or
debts shall take effect without submission to the people pursuant to section four of this article.

*** MEND ***
*** MSTART 090 014.0 007.0 0 NY 1894 1925 ***

New.  Adopted Nov. 3, 1925 

Art. 7 Sec. 14. The legislature may authorize by law the creation of a debt or debts of the state,
not exceeding in the aggregate three hundred million dollars, to provide moneys for the
elimination, under state supervision, of railroad crossings at grade within the state, at the expense
of the state, railroad companies, cities, towns and villages. Of the expense of a grade crossing
elimination to which any of the proceeds of such a debt are applied, twenty-five per centum shall
be borne by the state, twenty-five per centum by the city, town or village, and fifty per centum by
the railroad company. Laws shall be enacted to provide, so far as practicable, for repayment to
the state- of moneys advanced in aid of railroad companies, cities, towns and villages, at such
times, in such manner and with interest at such rate, that the state shall be able to pay when due
the portion of the state debt equal to the proceeds which shall have been so advanced, and
interest thereon. The provisions of this article, not inconsistent with this section, relating to the
issuance of bonds for a debt or debts of the state and the maturity and payment thereof, shall
apply to a state debt or debts created pursuant to this section; except that the law authorizing the
contracting of such debt or debts shall take effect without submission to the people pursuant to
section- four of this article.

*** MEND ***
*** MSTART 091 014.0 007.0 0 NY 1894 1927 ***

Adopted Nov. 8, 1927 

Art. 7 Sec. 14. The legislature may authorize by law the creation of a debt or debts of the state,
not exceeding in the aggregate three hundred million dollars, to provide moneys for the
elimination, under state supervision, of railroad crossings at grade within the state, at the expense
of the state, railroad companies, counties and cities, as hereinafter provided. Of the expense of a
grade crossing elimination to which any of the proceeds of such a debt are applied, fifty per
centum shall be borne by the railroad company.  The remaining fifty per centum, shall be borne
by the state and the county in which the crossing is located, or by the state and the city in which it
is located if the city contain two or more counties, except that if so provided by law, such
remaining fifty per centum. of the expense of elimination of a grade crossing in any other city
shall be borne by the state, the county and such city. The proportions of the expense of a grade
crossing elimination to be borne by the state and county, state and city, or state, county and city,
under the provisions of this section, shall be determined by or pursuant to law. Laws shall be
enacted to provide, so far as practicable, for repayment to the state of moneys advanced in aid of
railroad companies, counties and cities, at such times, in such manner and with interest at such
rate, that the state shall be able to pay when due the portion of the state debt equal to the proceeds
which shall have been so advanced, and interest thereon. The provisions of this article, not
inconsistent with this section, relating to the issuance of bonds for a debt or debts of the state and
the maturity and payment, thereof, shall apply to a state debt or debts created pursuant to this
section; except that the law authorizing the contracting of such debt or debts shall take effect
without submission to the people pursuant to section four of this article. The aggregate amount of
a state debt or debts which may be created pursuant to this section, as hereby amended, shall not
exceed the difference between the amount of the debt or debts heretofore created or authorized by
law, under the former provisions of this section, and the sum of three hundred million dollars;
and the legislature, by law, may authorize or require a county to bear all or part of the portion of
the expense of any such crossing elimination, heretofore begun or authorized, which was
imposed by former provisions of this section on a city, town or village therein.

*** MEND ***
*** MSTART 092 015.0 007.0 0 NY 1894 1925 ***

New.  Adopted Nov. 3, 1925 

Art. 7 Sec.15. In addition to any other debt, authorized by or pursuant to this article, the
legislature, in each of the ten calendar years following the adoption of this section, may authorize
by law the creation of a debt or debts, not exceeding in the aggregate in any such year the sum of
ten million dollars, to provide moneys for the acquisition by the state of real property and for the
construction of buildings, works and improvements for the state, or for any one or more of such
objects. The provisions of this article, not inconsistent with this section, relating to the issuance
of bonds for a debt or debts of the state and the maturity and payment thereof, shall apply to a
state debt or debts created pursuant to this section; except that the law authorizing the contracting
of such debt or debts shall take effect without submission to the people pursuant to section four
of this article.

*** MEND ***
*** MSTART 093 016.0 007.0 0 NY 1894 1931 ***

New. Adopted Nov. 3, 1931

Art. 7 Sec. 16.The legislature in each of the eleven calendar years immediately following the
adoption of this amendment shall appropriate out of any funds in the treasury not otherwise
appropriated moneys for the acquisition by the state of land, outside the Adirondack and Catskill
parks, as now fixed by law, best suited for reforestation, for the reforesting of the same and the
protection and management of forests thereon; for the acquisition of land for forest tree nurseries,
and for the establishment and maintenance of such nurseries, such appropriations to begin in the
first year with the sum of one million dollars ($1,000,000) and increasing annually by the sum of
two hundred thousand dollars ($200,000) to and including the sixth year and in each of the five
years immediately following, a sum equal to that appropriated for the sixth year. All such
appropriations to be available until expended. A law enacted pursuant to this section shall take
effect without submission to the people.
The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now
fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or ex-

changed, or be taken by any corporation, public or private, nor shall the timber thereon be sold,
removed or destroyed. Nothing contained in this section nor in the prohibitions of section seven
of this article shall prevent the state from cutting, selling or removing the trees, timber, forest
products and other materials on any lands hereafter acquired with the moneys herein authorized
within the forest preserve counties but outside of the Adirondack and Catskill parks as now fixed
or hereafter extended by law.

*** MEND ***
*** MSTART 094 010.0 008.0 0 NY 1894 1917 ***

Adopted Nov. 7, 1917

Art. 8 Sec. 10. No county, city, town or village shall hereafter give any money or property, or
loan its money or credit to or in aid of any individual, association or corporation, or become
directly or indirectly the owner of stock in, or bonds of, any 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 or city shall be allowed to become indebted for any purpose or in any manner to an
amount which, including existing indebtedness, shall exceed ten per centum of the assessed
valuation of the real estate of such county or city subject to taxation, as it appeared by the assess-

ment-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
now may exist, shall be absolutely void, except as herein otherwise provided. No county or city
whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate
subject to taxation, shall be allowed to become indebted in any further amount until such
indebtedness shall be reduced within such limit. This section shall not be construed to prevent
the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the
collection of taxes for amounts actually 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 to prevent
the city of New York from issuing bonds to be redeemed out of the tax levy for the year next
succeeding the year of their issue, provided that the am6unt of such bonds which may be issued
in any one year in excess of the limitations herein contained shall not exceed one-tenth of one per
centum of the assessed valuation of the real estate of said city subject to taxation. 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, in excess of the limitation of indebtedness
fixed herein, 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 said bonds at their maturity. All certificates of
indebtedness or revenue bonds issued in anticipation of the collection of taxes, which are not
retired within five years after their date of issue, and bonds issued to provide for the supply of
water, and any debt hereafter incurred by any portion or part of a city, if there shall be any such
debt, shall be included in ascertaining the power of the city to become otherwise indebted; except
that debts incurred by any city of the first class after the first day of January, nineteen hundred
and four, and debts incurred by any city of the second class after the first day of January, nineteen
hundred and eight, and debts incurred by any city of the third class after the first day of January,
nineteen hundred and ten, to provide for the supply of water, shall not be so included; and except
further that any debt hereafter incurred by the city of New York for a public improvement owned
or to be owned by the city, which yields to the liable, in excess of the interest on said debt and of
the annual instalments necessary for its amortization may be excluded in ascertaining the power
of said city to become otherwise indebted, provided that a sinking fund for its amortization shall
have been established and maintained and that the indebtedness shall not be so excluded during
any period of time when the revenue aforesaid shall not be sufficient to equal the said interest
and amortization instalments, and except further that any indebtedness heretofore incurred by the
city city ??? current net revenue, after making any necessary allowance for repairs and mainte-

nance for which the city is of New York for any rapid transit or dock investment may be so
excluded proportionately to the extent to which the current net revenue received by said city
therefrom shall meet the interest and amortization instalments thereof, provided that any increase
in the debt incurring power of the city of New York which shall. result from the exclusion of
debts heretofore incurred shall be available only f or the acquisition or construction of properties
to be used for rapid transit or dock purposes. The legislature shall prescribe the method by which
and the terms and conditions under which the amount of any debt to be so excluded shall be
determined, and no such debt shall be excluded except in accordance with the determination so
prescribed. The legislature may in its discretion confer appropriate jurisdiction on the appellate
division of the supreme court in the first judicial department for the purpose of determining the
amount of any debt to be so excluded. No indebtedness of a city valid at the time of its inception
shall thereafter become invalid by reason of the operation of any of the provisions of this section.
Whenever the boundaries of any city are the same as those of a county, or when any city shall
include within its boundaries more than one county, the power of any county wholly included
within such city to become indebted shall cease, but the debt of the county, heretofore existing,
shall not, for the purposes of this section, be reckoned as a part of the city debt. The amount
hereafter to be raised by tax for county or city purposes, in any county containing a city of over
one hundred thousand inhabitants, or any such city of this state, in addition to providing for the
principal and interest of the 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 094 010.0 008.0 0 NY 1894 1927 ***

Adopted Nov. 8, 1927

Art. 8 Sec. 10. No county, city, town or village shall hereafter give any money or property, or
loan its money or credit to or in aid of any individual, association or corporation, or become
directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall
any such county, city, town or village be town or village from making such provision for the aid
or supallowed ?? 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 provisions for the
aid or support of its poor as may be authorized by law. No county or city shall be allowed to
become indebted for any purpose or in any manner to an amount which including existing
indebtedness, shall exceed ten per centum, of the assessed valuation of the real estate of such
county or city subject to taxation, as it appeared by the assessment rolls of said county or city on
the last assessment for state or county taxes prior to the incurring of such indebtedness; and all
indebtedness in excess of such limitation, except such as now may exist, shall be absolutely void,
except as herein otherwise provided. No county or city whose present indebtedness exceeds ten
per centum. of the assessed valuation of its real estate subject to taxation, shall be allowed to
become indebted in any further amount until such indebtedness shall be reduced within such
limit. This section shall not be construed to prevent the issuing of certificates of indebtedness or
revenue bonds issued in anticipation of the collection of taxes for amounts actually 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 to prevent the city of New York from issuing bonds to be
redeemed out of the tax levy for the year next succeeding the year of their issue, provided that the
amount of such bonds
which may be issued in any one year in excess of the limitations herein contained shall not
exceed one-tenth of one per centum of the assessed valuation of the real estate of said city subject
to taxation. All certificates of indebtedness or revenue bonds issued in anticipation of the
collection of taxes, which are not retired within five years after their date of issue, and any debt
hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be,
included in ascertaining the power of the city to become otherwise indebted; except that debts
heretofore or hereafter incurred by any city to provide for the supply of water, shall not be so
included; and except that debts not exceeding in the aggregate the sum of ten million dollars,
heretofore or hereafter incurred by any city with a population of not less than two hundred and
fifty thousand and not more than one million, and except that debts not exceeding in the
aggregate the sum of five million  dollars heretofore or hereafter incurred by any city with a
population of not less than one hundred and seventy-five thousand and not more than two
hundred and fifty thousand, for so much of the cost and expense of any public improvement as
may be required by the ordinance or other local legislative law therein assessing the same to be
raised by assessment upon local property or territory, shall not be so included,; and except further
that any debt hereafter incurred by the city of New York for a public improvement owned or to
be owned by the city, which yields to the city current net revenue, after making any necessary
allowance for repairs and. maintenance, for which the city is liable, in excess. of the interest on
said debt and of the annual installments necessary for its amortization may be excluded in
ascertaining the power of said city to become
otherwise indebted, provided that a sinking fund for its amortization shall have been established
and maintained and that the indebtedness shall not be so excluded during any period of time
when the revenue aforesaid shall not be sufficient to equal the said interest and amortization
installments, and except further
that any indebtedness heretofore incurred by the city of New York f or any rapid transit or dock
investment may be so excluded proportionately to the extent to which the current net revenue
received by said city therefrom shall meet the interest and amortization installments thereof,
provided that any increase
in the debt incurring power of the city of New York which shall result from the exclusion of
debts heretofore incurred shall be available only for the acquisition or construction of properties
to be used for rapid transit or dock purposes. The legislature shall prescribe the method by which
and the terms and conditions under which the amount of any debt incurred by the city of New
York for a revenue producing improvement to be so excluded. shall be determined, and no such
debt shall be excluded except in accordance with the determination so prescribed. The legislature
may in its discretion confer appropriate jurisdiction the appellate division of the supreme court in
the first judicial department for the purpose of determining the amount of any debt to be so
excluded. No indebtedness of a city valid at the time of its inception shall thereafter become
invalid by reason of the operation of any of the provisions of this section. Whenever the
boundaries of any city are the same as those of a county, or when any city shall include within its
boundaries more than one county, the power of any county wholly included within such city to
become indebted shall cease, but the debt of the county, heretofore existing, shall not, for the
purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be raised
by tax for county or city purposes, in any county containing a city of over one hundred thousand
inhabitants, or in any such city of this state, in addition to providing for the principal and interest
of the county or city 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 095 010.A 008.0 0 NY 1894 1937 ***

Adopted Nov. 8, 1937

Art. 8  10-a. Notwithstanding any of the limitations prescribed by the preceding section, debts
may be incurred by the city of New York after January first, nineteen hundred and twenty-eight,
for the construction or equipment, or both, of new rapid transit railroads not exceeding the sum
of three hundred million dollars, and such debts shall not be included in computing the debt limit
of such city for the purpose of ascertaining the power of such city to become otherwise indebted.

*** MEND ***
*** MSTART 096 011.0 008.0 0 NY 1894 1925 ***

Adopted Nov. 3, 1925

Art. 8 Sec. 11. The legislature shall provide for a state board of charities, which shall visit and
inspect all institutions, whether state, county, municipal, incorporated or not incorporated, which
are of a charitable, eleemosynary, correctional or reformatory character, excepting state
institutions for the education and support of the blind and the deaf and dumb, and excepting also
such institutions as are hereby made subject to the visitation and inspection of either of the
authorities hereinafter mentioned, but including all reformatories for juveniles.  The head of the
department of mental hygiene shall visit and inspect all institutions, either public or private, used
for the care and treatment of the insane, epileptics, idiots, feeble-minded or mentally defective.
There shall be a state commission of correction, of which the head of the department of
correction shall be the chairman,  which shall visit and inspect all institutions used for the deten-

tion of sane adults charged with or convicted of crime, or detained as witnesses or debtors.

*** MEND ***
*** MSTART 097 011.0 008.0 0 NY 1894 1931 ***

Adopted Nov. 3, 1931

Art. 8, Sec.11. The legislature shall provide for a state board of  social welfare, which shall visit
and inspect all institutions, whether state, county, municipal, incorporated or not incorporated,
which are of a charitable, eleemosynary correctional or reformatory character, excepting state
institutions for the education and support of the blind and the deaf and dumb, and excepting also
such institutions as are hereby made subject to the visitation and inspection of either of the
authorities hereinafter mentioned, but including all reformatories for juveniles. The head of the
department of mental hygiene shall visit and inspect all institutions, either public or private, used
for the care and treatment of the insane, epileptics, idiots, feeble-minded or mental defectives.
There shall be a state commission of correction, of which the head of the department of
correction shall be the chairman, which shall visit and inspect all institutions used for the
detention of sane adults charged with or convicted of crime, or detained as witnesses or debtors.

*** MEND ***
*** MSTART 098 014.0 008.0 0 NY 1894 1931 ***

Adopted Nov. 3, 1931 

Art. 8 Sec. 14. Nothing in this constitution contained shall prevent the legislature from making
such provision for the education and support of the blind, the deaf and dumb, and juvenile delin-

quents, as to it may seem proper; or prevent any county, city, town or village from providing for
the care, support, maintenance and secular education, of inmates of orphan asylums, homes for
dependent children or correctional institutions, whether under public or private control. Payments
by counties, cities, towns and villages to charitable, eleemosynary, correctional and reformatory
institutions, wholly or partly under private control, for care, support and maintenance, may be
authorized, but shall not be required by the legislature. No such payments shall be made for any
inmate of such institutions who is not received and retained therein pursuant to rules established
by the state board of social welfare. Such rules shall be subject to the control of the legislature by
general laws.

*** MEND ***
*** MSTART 099 015.0 008.0 0 NY 1894 1931 ***

Adopted Nov. 3, 1931

Art. 8 Sec. 15. Commissioners of the state board of charities, now holding office, shall be
continued in office as members of the state board of social welfare for the term for which they
were appointed, respectively, unless the legislature shall otherwise provide. The legislature may
confer upon the state board of social welfare any additional powers that are not inconsistent with
other provisions of the constitution.

*** MEND ***
*** MSTART 100 001.0 010.0 0 NY 1894 1935 ***

Adopted Nov. 5, 1935

Art. 10 Sec. 1. Except in counties in the city of New York, sheriffs, clerks of counties, district
attorneys, and registers in counties having registers, shall be chosen by the electors of the
respective counties, once in every three years and as often as vacancies shall happen. Sheriffs
shall hold no other office and be ineligible for the next term after the termination of their offices.
They may be required by law to renew their security, from time to time; and in default of giving
such new security, their offices shall be deemed vacant. But the county shall never be made
responsible for the act of the sheriff. The governor may remove any officer, hereinbefore in this
section mentioned, within the term for which he shall have been elected; giving to such officer a
copy of the charges against him, and an opportunity of being heard in his defense. In each county
in the city of New York a district attorney shall be chosen by the electors once in every two or
four years as the legislature shall direct and shall be subject to removal by the governor within
the term for which he shall have been elected; giving to such officer a copy of the charges against
him, and an opportunity of being heard in his defense. The clerks of said counties shall be
appointed, and be subject to removal by the appellate division of the supreme court in the judicial
department in which the respective counties are located. In addition to their powers and duties as
clerks of the supreme court, they shall have power to select, draw, summon and empanel grand
and petit jurors in the manner and under the conditions now or hereafter prescribed by law, and
shall have such other powers and duties as shall be prescribed from time to time by local law.

*** MEND ***
*** MSTART 101 001.0 010.0 0 NY 1894 1937 ***

Adopted Nov. 2, 1937

Art. 10 Sec. 1. Except in counties in the city of New York, sheriffs, clerks of counties, district
attorneys, and registers in counties  having registers, shall be chosen by the electors of the
respective counties, once in every three years and as often as vacancies shall happen. Sheriffs
shall hold no other office. 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, hereinbefore in this section mentioned, within the term for which he shall have been
elected; giving to such officer a copy of the charges against him, and an opportunity of being
heard in his defense. In each county in the city of New York a district attorney shall be chosen by
the electors once in every two or four years as the legislature shall direct and shall be subject to
removal by the governor within the term for which he shall have been elected; giving to such
officer a copy of the charges against him, and an opportunity of being heard in his defense. The
clerks of said counties shall be appointed, and be subject to removal by the appellate division of
the supreme court in the judicial department in which the respective counties are located. In
addition to their powers and duties as clerks of the supreme court, they shall have power to
select, draw, summon and empanel grand and petit jurors in the manner and under the conditions
now or here. after prescribed by law, and shall have such other powers and duties as shall be
prescribed from time to time by local law.

*** MEND *** 
*** MSTART 102 002.0 010.0 0 NY 1894 1935 *** 

Adopted Nov. 5, 1935

Art. 10 Sec. 2. Except as herein otherwise provided for counties in the city of New York, 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. In counties in the city of New York the city of
New York is hereby vested with power from time to time by local law, to abolish the office of
any county officer other than judges, clerks of counties and district attorneys, and to assign any or
all functions of such officers to city officers, courts or clerks of counties, and to prescribe the
powers, duties, qualifications, number, mode of selection and removal, terms of office and
compensation of the persons holding such offices and the employees therein, and to assign to city
officers any powers or duties of clerks of counties not assigned by this constitution. The
legislature shall not pass any law affecting any such matters in relation to such offices within the
city of New York except on message from the governor declaring that an emergency exists and
the concurrent action of two-thirds of the members of each house of the legislature, but existing
laws regarding each such office shall continue in force, and may be amended or repealed by the
legislature as heretofore, until the power herein granted to the city has been exercised with
respect to that office. The elective county officers in office at the time this article, as amended,
takes effect, shall continue in office until the end of the terms for which they were elected. 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.
*** MEND *** 
*** MSTART 103 002.0 012.0 0 NY 1894 1922 ***

Adopted Nov. 7, 1922

Art. 12 Sec. 2. All cities are classified according to the latest state enumeration, as from time to
time made, as follows: The first class includes all cities having a population of one hundred and
seventy-five thousand or more; the second class, all cities having a population of fifty thousand
and less than one hundred and seventy-five thousand; the third class, all other cities. Laws re-

lating to the property, affairs or government of cities, and the several departments thereof, are
divided into general and special city laws; general city laws are those which relate to all the cities
of one or more classes; special city laws are those which relate to a single city, or to less than all
the cities of a class. Special city laws shall not be passed except in conformity with the
provisions of this section. After any bill for a special city law, relating to a city, has been passed
by both branches of the legislature, the house in which it originated shall immediately transmit a
certified copy thereof to the mayor of. such city, and within fifteen days thereafter, the mayor
shall return such bill to the clerk of the house from which it was sent, who if the session of the
legislature at which such bill was passed has terminated, shall immediately transmit the same to
the governor, with the mayor's certificate thereon, stating whether the city has or has not accepted
the same. In every city of the first class, the mayor, and in every other city, the mayor and the
legislative body thereof concurrently, shall act for such city as to such bill; but the legislature
may provide for the concurrence of the legislative body in cities of the first class. The legislature
shall provide for a public notice and opportunity for a public hearing concerning any such bill in
every city to which it relates, before action thereon. Such a bill, if it relates to more than one city,
shall be transmitted to the mayor of each city to which it relates, and shall not be deemed
accepted unless accepted as herein provided, by every such city. Whenever any such bill is
accepted as herein provided, it shall be subject as are other bills, to the action of the governor.
Whenever, during the session at which it was passed, any such bill is returned without the
acceptance of the city or cities to which it relates, or within such fifteen days is not returned, it
may nevertheless again be passed by both branches of the legislature, and it shall then be subject
as are other bills, to the action of the governor. In every special city law which has been accepted
by the city or cities to which it relates, the title shall 'be followed by the words "accepted by the
city," or "cities," as the case may be; in every such law which is passed without such acceptance,
by the words "passed without the acceptance of the city," or "cities," as the case may be.

*** MEND *** 
*** MSTART 104 002.0 014.0 0 NY 1894 1922 ***

Adopted Nov. 7, 1922

Art. 12, Sec. 2.  The legislature shall not pass any law relating to the property, affairs or
government of cities, which shall be special or local either in its terms or in its effect, but shall
act in relation to the property, affairs, or government of any city only by general laws which shall
in terms and in effect apply alike to all cities except on message from the governor declaring that
an emergency exists and the concurrent action of two-thirds of the members of each house of the
legislature.

*** MEND ***
*** MSTART 105 003.0 012.0 0 NY 1894 1923 ***

This amendment changed section 3 to section 6 and added a new section three to article 12. 
Adopted Nov. 6, 1923

Art. 12 Sec. 3. Every city shall have power to adopt and amend local laws not inconsistent with
the constitution and laws of the state, relating to the powers, duties, qualifications, number, mode
of selection and removal, terms of office and compensation of all officers and employees of the
city, the transaction of its business, the incurring of its obligations, the presentation,
ascertainment and discharge of claims against it, the acquisition, care, management and use of its
streets and property, the wages or salaries, the hours of work or labor, and the protection, welfare
and safety of persons employed by any contractor or subcontractor performing work, labor or
services for it, and the government and regulation of the conduct of its inhabitants and the
protection of their property, safety and health. The legislature shall, at its next session after this
section shall become part of the constitution, provide by general law for carrying into effect the
provisions of this section.

*** MEND ***
*** MSTART 106 004.0 012.0 0 NY 1894 1923 ***

New. Adopted Nov. 6, 1923


Art. 12, Sec. 4.  The provision of this article shall not be deemed to restrict the power of the
Legislature to enact laws relating to matters other than the property, affairs or government of
cities.

*** MEND ***
*** MSTART 107 005.0 012.0 0 NY 1894 1923 ***

Adopted Nov. 6, 1923 

Art 12 Sec. 5. The legislature may by general laws confer on cities such further powers of local
legislation and administration as it may from time to time, deem expedient.

*** MEND ***
*** MSTART 108 006.0 012.0 0 NY 1894 1923 ***

This section did not exist in 1894.  The text is that of former section 3 of article twelve, with
some changes.
Adopted Nov. 6, 1923

Art. 12, Sec. 6. All elections of city officers, including supervisors and judicial officer of inferior
local courts, elected in any city or part of a city, and of county officers elected in the counties of
New York and Kings, and in all counties whose boundaries are the same as those of a city, except
to fill vacancies, shall be held on the Tuesday succeeding the first Monday in November in an
odd-numbered year, and the term. of every such officer shall expire at the end of an odd-
numbered year. The terms of office of all such officers elected before the first day of January, one
thousand eight hundred and ninety-five, whose successors have not then been elected, which
under existing laws would expire with an even-numbered year, or in an odd-numbered year and
before the end thereof, are extended to and including the last day of December next following the
time when such terms would otherwise expire, the terms of office of all such officers, which 
under existing laws would expire in an even-numbered year, and before the end thereof, are
abridged so as to expire at the end of the preceding year. This section shall not apply to elections
of any judicial officer, except judges and justices of inferior local courts.

*** MEND ***
*** MSTART 109 007.0 012.0 0 NY 1894 1923 ***

New.  Adopted Nov. 6, 1923.


Art. 12, Sec 7. The provisions of this article shall not affect any existing provision of law; but all
existing charters and other laws shall continue in force until repealed, amended, modified, or
superseded accordance with the provisions of this article. Nothing in this article contained shall
apply to or affect the maintenance, support, or administration of the public school systems in the
several cities of the state, as required or provided by article nine of the constitution.

*** MEND ***
*** MSTART 110 008.0 012.0 0 NY 1894 1927 ***

New.  Adopted Nov. 8, 1927

Art. 12, Sec. 8. No territory shall be annexed to any city until the people of the territory proposed
to be annexed shall have consented to such annexation by a majority vote on a referendum called
for that purpose.

*** MEND ***

*** CEND ***