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Amount of debt.

Amendments to the Constitution

lating 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. 14The 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 elimiprovisions nation, heretofore begun or authorized, which was imposed by former provisions of this section on a city, town or village therein.

Obliga

tions of County under

former

of this section.

Counties, cities,

villages

not to give or loan

money or

credit: limitation

of indebt

edness.

ARTICLE VIII

§ 10. No county, city, town or village shall hereafter give any towns and 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 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. 15 All certifi 14 Following sentence new.

Debts to which section

not applicable.

15 Remainder of section materially amended.

Amendments to the Constitution

cates 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 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. 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 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

Debts of

New York city for

rapid transit

railroads.

Amendments to the Constitution

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.

§ 10-a.16 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.

ARTICLE XII

§ 8.17 Annexation of territory to cities. 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.

16 Section 10a added.

17 Section 8 added.

CONCURRENT RESOLUTION

OF THE

SENATE AND ASSEMBLY

amend

CONCURRENT RESOLUTION of the Senate and Assembly Proposed proposing an amendment to section six of article five of the ment to constitution, in relation to civil service appointments and art. 5, promotions

Section 1. Resolved (if the Senate concur), That section six of article five of the constitution be amended to read as follows:

and pro

§ 6. Appointments and promotions in the civil service of the civil serv. state, and of all the civil divisions thereof, including cities and vil-pointments lages, shall be made according to merit and fitness to be ascer- motions. tained, 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 per formance of duty in any war, to an extent recognized by the United States Veterans' Bureau,2 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.

3

to legis

§ 2. Resolved (if the Senate concur), That the foregoing amend- Referred ment be referred to the legislature to be chosen at the next general lature election of senators, and in conformity with section one of article chosen at fourteen of the constitution be published for three months previous tion of to the time of such election.

[blocks in formation]

1 Words "that honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war," omitted.

> Words "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," new.

3 Words "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," new.

next elec

senators.

AMENDMENTS TO RULES OF THE COURT OF APPEALS RELATING TO ADMISSION OF ATTORNEYS

STATE OF NEW YORK

IN COURT OF APPEALS

At a Court of Appeals for the State of New York, held at Court of Appeals Hall in the city of Albany, on the thirteenth day of January A. D., 1928.

Present, HON. BENJAMIN N. CARDOZO, Chief Judge, Presiding.

In the Matter

of

The Amendment to Rule VIII of the Rules of the Court of Appeals for the admission of attorneys and counselors at law.

IT IS ORDERED, That Rule VIII of the Rules of the Court of Appeals for the admission of Attorneys and Counselors at Law, be amended so as to read as follows:

RULE VIII

Regulations concerning examinations

The examination held by such State Board of Examiners may be conducted by oral or written questions and answers, or partly oral and partly written, but shall be as nearly uniform in the knowledge and capacity which they shall require, as is reasonably possible. Every applicant shall be given and required to pass a satisfactory examination in the canons of ethics adopted by the American Bar Association and by the New York State Bar Association. Applicants who have previously failed shall not be eligible for reexamination in June. Applicants who fail in both parts of the June examination shall not be eligible for the next succeeding examination. 1After the third successive failure to pass the examination, an applicant shall not be eligible for re-examination at either of the next two successive examinations.

The State Board of Law Examiners shall each be paid as compensation, each year, such sum as the Court may direct, and an 1 Following sentence new.

Word "each" new.

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