Слике страница
PDF
ePub

Art. VIII, Sec. 10

Art. VIII, Sec. 10

Art. VIII, Sec. 10

Art. VIII, Sec. 10

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 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 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 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.

(1846, VIII, 11, added by vote of the people, 1884; 1894, VIII, 10; amended 1905, 1907, 1909)

3. 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.

(Added by vote of the people 1909)

4. 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.

(Added by vote of the people, 1909)

5. 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.

(Added by vote of the people, 1909)

6. 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.

(Amended by vote of the people, 1899)

Tax Rate
Art. VIII, Sec. 10

Extra Compensation
Art. III, Sec. 28

Art. XIV, Sec. 1

Art. XIV, Sec. 2

Section 10. 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 [the foregoing] section in respect to county or city debt.

(1846, VIII, 11; added by vote of the people, 1884) Section 11. [Neither] the common council of any city, nor any board of supervisors [shall] grant any extra compensation to any public officer, servant, agent or contractor. (1846, III, 24; added, 1874)

ARTICLE XII

AMENDMENTS

Section 1. Any amendment or amendments to this Constitution may be proposed in the senate and assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election of senators, and shall be published for three months previous to the time of making such choice; and if in the legislature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to submit such proposed amendment or amendments to the people for approval in such manner and at such times as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become a part of the Constitution from and after the first day of January next after such approval.

(1821, VIII; 1846, XIII, 1)

66

Section 2. At the general election to be held in the year one thousand nine hundred and sixteen, and every twentieth year thereafter, and also at such times as the Legislature may by law provide, the question: Shall there be a convention to revise the Constitution and amend the same?" shall be decided by the electors of the state; and in case a majority of the electors voting thereon shall decide in favor of a convention for such purpose, the electors of every senate district of the state, as then organized, shall elect three delegates at the next ensuing general election at which members of the assembly shall be chosen, and the electors of the state voting at the same election shall elect fifteen delegates-at-large. The delegates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their election, and shall continue their session until the business of such convention shall have been completed. Every delegate shall receive for his services the same compensation and the same mileage as shall then be annually payable to the members of the assembly. A majority of the convention shall constitute a quorum for the transaction of business, and no amendment to the Constitution shall be submitted for approval to the electors as hereinafter provided, unless by the assent of a majority of all the delegates elected to the convention, the yeas and nays

Art. XIV, Sec. 3

Reenactment of the
Present Laws
Art. I, Sec. 16

being entered on the journal to be kept. The convention shall have the power to appoint such officers, employees and assistants as it may deem necessary, and fix their compensation and to provide for the printing of its documents, journal and proceedings. The convention shall determine the rules of its own proceedings, choose its own officers, and be the judge of the election, returns and qualifications of its members. In case of a vacancy, by death, resignation or other cause, of any district delegate elected to the convention, such vacancy shall be filled by a vote of the remaining delegates representing the district in which such vacancy occurs. IF such vacancy occurs in the office of a delegate-at-large, suck vacancy shall be filled by a vote of the remaining delegates-atlarge. Any proposed constitution or constitutional amendment which shall have been adopted by such convention, shall be submitted to a vote of the electors of the state at the time and in the manner provided by such convention, at an election which shall be held not less than six weeks after the adjournment of such convention. Upon the approval of such constitution or constitutional amendments, in the manner provided in the last preceding section, such constitution or constitutional amendment shall go into effect on the first day of January next after such approval.

(1846, XIII, 2)

Section 3. Any amendment proposed by a constitutional convention relating to the same subject as an amendment proposed by the Legislature, coincidently submitted to the people for approval at the general election held in the year one thousand eight hundred and ninety-four, or at any subsequent election, shall, if approved, be deemed to supersede the amendment so proposed by the legislature.

ARTICLE XIII

PROVISIONS OF PRIVATE LAW INCLUDED
IN CONSTITUTION*

Section 1. Such parts of the common law, and of the acts of the legislature of the colony of New York, as together did form the law of said colony, on the nineteenth day of April, one thousand seven hundred and seventy-five, and the resolutions of the congress of the said colony, and of the convention of the state of New York, in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered; and such acts of the legislature of this state as are now in force, shall be and continue the law of this state, subject to such alterations as the legislature shall make concerning the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this Constitution are hereby abrogated.

(1777, XXXV, 1821, VII, 13; 1846, I, 17)

It is a common thing to find in a charter of government (or so-called written constitution) certain provisions which, logically, form no part of a constitution, but which partake of the nature of legislation. Such provisions as these have been collected here under the above title. In making the classification, those parts of the charter which provide for the structure and the exercise of the powers of government have been regarded as constitutional and those parts which are directed to the individual are regarded as statutory. In other words, it is conceived that the "constitution " is that body of laws which is set up by the state, through its authorized agents, for the regulation of the government, while "the provisions of private law is that body of law which is established for the regulation of society. As a matter of giving certain statutes greater permanence and placing them beyond the power of government to alter, it has been customary to have them enacted by the superior constituent body. This accounts for the statutes which we find in the acts of constituent assemblies.

Contracts
Art. I, Sec. 17

Land Law
Escheat

Art. I, Sec. 10

Allodial Lands
Art. I, Sec. 12

Feudal Tenure
Art. I, Sec. 11

Lease of Agricultural
Lands

Art. I, Sec. 13

Restraints on
Alienation
Art. I, Sec. 14

Art. I, Sec. 15

Canals

Art. VII, Sec. 9

Corporations
Definition

Art. VIII, Sec. 3

Section 2. All grants of land within the state, made by the king of Great Britain, or persons acting under his authority, after the fourteenth day of October one thousand seven hundred and seventy-five, shall be null and void; but nothing contained in this Constitution shall affect any grants of land within this state, made by the authority of the said king or his predecessors, or shall annul any charters to bodies politic and corporate, by him or them made, before that day; or shall affect any such grants or charters since made by this state, or by persons acting under its authority, or shall impair the obligation of any debts contracted by the state, or individuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice.

(1777, XXXVI; 1821, VII, 14; 1846, I, 18)

Section 3. The people of this state, in their right of sovereignty, are deemed to possess the original and ultimate property in and to all lands within the jurisdiction of the state; and all lands the title to which shall fail, from a defect of heirs, shall revert, or escheat to the people.

(1846, I, 11)

Section 4. All lands within this state are declared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners, according to the nature of their respective estates.

(1846, I, 13)

Section 5. All feudal tenures of every description with all their incidents, are declared to be abolished, saving, however, all rents and services certain which at any time heretofore have been lawfully created or reserved.

(1846, I, 12)

Section 6. No lease or grant of agricultural land, for a longer period than twelve years, hereafter made in which shall be reserved any rent or service of any kind, shall be valid.

(1846, I, 14)

Section 7. All fines, quarter sales, or other like restraints upon alienation reserved in any grant of land, hereafter to be made, shall be void.

(1846, I, 15)

Section 8. No purchase or contract for the sale of lands in this state made since the fourteenth day of October, one thousand seven hundred and seventy-five; or which may hereafter be made, of, or with the Indians, shall be valid. unless made under the authority, and with the consent of the legislature.

(1777, XXXVII; 1821, VII, 12; 1846, I, 16)

Section 9. No tolls shall hereafter be imposed on persons or property transported on the canals, but all boats navigating the canals, and the owners and masters thereof, shall be subject to such laws and regulations as have been or may hereafter be enacted concerning the navigation of the canals. (1846, VII, 2; as amended, 1874)

Section 10. The term corporations as used in this article shall be construed to include all associations and joint stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And

[blocks in formation]

all corporations shall have the right to sue and shall be subject to be sued in all courts in iike cases as natural

persons.

(1846, VIII, 3)

Section 11. Corporations or associations may be formed for [savings bank] purposes under general laws.

(1846, VIII, 4)

Section 12. All charters hereafter granted for [savings bank] corporations shall be made to conform to [the] general laws and to such amendments as may be made thereto.

2. No such corporation shall have any capital stock, nor shall the trustees thereof, or any of them, have any interest whatever, direct or indirect, in the profits of such corporation; and no director or trustee of any such bank or institution shall be interested in any loan or use of any money or property of such bank or institution for savings.

(1846, VIII, 4; as amended, 1874)

Section 13. In case of the insolvency of any bank or banking association, the billholders thereof shall be entitled to preference in payment, over all other creditors of such bank or association.

(1846, VIII, 8)

Section 14. The stockholders of every corporation and joint-stock association for banking purposes, shall be individually responsible to the amount of their respective share or shares of stock in any such corporation or association, for all its debts and liabilities of every kind.

(1846, VIII, 7)

Section 15. Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law.

(1846, VIII, 2)

Section 16. Any corporation, or officer or agent thereof, who shall offer or promise to a public officer, or person elected or appointed to a public office, any such free pass, free transportation, franking privilege or discrimination. shall also be deemed guilty of a misdemeanor and liable to punishment except as herein provided. No person, or officer or agent of a corporation giving any such free pass, free transportation, franking privilege or discrimination hereby prohibited, shall be privileged from testifying in relation thereto, and he shall not be liable to civil or criminal prosecution therefor if he shall testify to the giving of the same.

Section 17. Any person who shall offer or promise a bribe to an officer, if it shall be received, shall be deemed guilty of a felony and liable to punishment, except as herein provided. No person offering a bribe shall, upon any prosecution of the officer for receiving such bribe, be privileged from testifying in relation thereto, and he shall not be liable to civil or criminal prosecution therefor, if he shall testify to the giving or offering of such bribe. Any person who shall offer or promise a bribe, if it be rejected by the officer to whom it was tendered, shall be deemed guilty of an attempt to bribe, which is hereby declared to be a felony.

(1846, XV, 2; added 1874)

« ПретходнаНастави »