Section 2. All county officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of the respective counties or appointed by the boards of supervisors, or other county authorities, as the Legislature shall direct. All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed oy 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, wise offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct. Section 3. When the duration of any office is not provided by this Constitution, it may be declared by law, and if not so declared, such office shall be held during the pleasure of the authority making the appointment. Section 4. The time of electing all officers named in this article shall be prescribed by law. Section 5. The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy. Section 6. The political year and legislative term shall begin on the first day of January; and the Legislature shall, every year, assemble on the first Wednesday in January. Section 7. Provision shall be made by law for the removal for mi-conduct or malversation in office of all officers, except judicial, whose powers, and duties are not local or legislative and who shall be elected at general elections, and also for supplying vacancies created by such removal. Section 8. The Legislature may declare the cases in which any office shall be deemed vacant when no provision is made for that purpose in this Constitution. Section 9. No officer whose salary is fixed by the Constitution shall receive any additional compensation. Each of the other State officers named in the Constitution shall, during his continuance in office, receive a compensation, to be fixed by law, which shall not be increased or diminished during the term for which he shall have been elected or appointed; nor shall he receive to his use any fees or perquisites of office or other compensation. ARTICLE XI. Section 1. All able-bodied male citizens between the ages of eighteen and forty-five years, who are residents of the State, shall constitute the militia, subject however to such exemptions as are now, or may be hereafter created by the laws of the United States, or by the Legislature of this State. Section 2. The Legislature may provide for the enlistment into the active force of such other persons as may make application to be so enlisted. Section 3. The militia shall be organized and divided into such land and naval, and active and reserve forces, as the Legislature may deem proper, provided however that there shall be maintained at all times a force of not less than ten thousand enlisted men, fully uniformed, armed, equipped, disciplined and ready for active service. And it shall be the duty of the Legislature at each session to make sufficient appropriations for the maintenance thereof. Section 4. The Governor shall appoint the chiefs of the several staff departments, his aides-de-camp and military secretary, all of whom shall hold office during his pleasure, their commissions to expire with the term for which the Governor shall have been elected; he shall also nominate, and with the consent of the Senate appoint, all major-generals. Section 5. All other commissioned and non-commissioned officers shall be chosen or appointed in such manner as the Legislature may deem most conducive to the improvement of the militia, provided however that no law shall be passed changing the existing mode of election and appointment unless two-thirds of the members present in each house shall concur therein Section 6. The commissioned officers shall be commissioned by the Governor as commander-in-chief. No commissioned officer shall be removed from office during the term for which he shall have been appointed or elected, unless by the Senate on the recommendation of the Governor, stating the grounds on which such removal is recommended, or by the sentence of a court-martial, or upon the findings of an examining board organized pursuant to law, or for absence without leave for a period of six months or more. ARTICLE XII. Section 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 taxat on, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments, and in contracting debt by such municipal corporations. Section 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 two hundred and fifty thousand, or more; the second class, all cities having a population of fifty thousand and less than two hundred and fifty thousand; the third class, all other cities. Laws relating to the property, affairs or government of cities, and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a 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. Such a 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. 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 cities," as the case without the acceptance of the city," or may be. Section 3. All elections of city officers, including supervisors and judicial officers of inferior local courts, elected in any city or part of a city, and of county officers elected in the counties of New York and Kings, and in all counties whose boundaries are the same as those of a city, except to fill vacancies, shall be held on the Tuesday succeeding the first Monday in November in an odd-numbered year, and the term of every such officer shall expire at the end of an odd-numbered year. The terms of office of all such officers elected before the first day of January, one thousand eight hundred and ninety-five, whose successors have not then been elected, which under existing laws would expire with an even-numbered year, or in an odd-numbered year and before the end thereof, are extended to and including the last day of 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 any city of the third class, or to elections of any judicial officer, except judges and justices of inferior local courts. ARTICLE XIII. Section 1. Members of the Legislature, and all officers, executive and judicial, except such inferior officers as shall be by law exempted shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constiaccording to the tution of the State of New York, and that I will faithfully discharge the duties of the office of best of my ability;" and all such officers who shall have been chosen at any election shall, before they enter on the duties of their respective offices, take and subscribe the oath or affirmation above prescribed, together with the following addition thereto, as part thereof: "And I do further solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed, or offered or promised to contribute any money or other valuable thing as a consideration or reward for the giving or withholding a vote at the election at which I was elected to said office, and have not made any promise to influence the giving or withholding any such vote," and no other oath, declaration or test shall be required as a qualification for any office of public trust. Section 2. Any person holding office under the laws of this State, who, except in payment of his legal salary, fees or perquisites, shall receive or consent to receive, directly or indirectly, any thing of value or of personal advantage, or the promise thereof, for performing or omitting to perform any official act, or with the express or implied understanding that his official action or omission to act is to be in any degree influenced thereby, shall be deemed guilty of a felony. This section shall not effect the validity of any existing statue in relation to the offense of bribery. Section 3. 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. Section 4. Any person charged with receiving a bribe, or with offering or promising a bribe, shall be permitted to testify in his own behalf in any civil or criminal prosecution therefor. Section 5. No public officer, or person elected or appointed to a public office, under the laws of this State, shall directly or indirectly ask, demand, accept, receive or consent to receive for his own use or benefit, or for the use or benefit of another, any free pass, free transportation, franking privilege or disc imination in passenger, telegraph or telephone rates, from any person or corporation, or make use of the same himself or in conjunction with another. A person who violates any provision of this section, shall be deemed guilty of a misdemeanor, and shall forfeit his office at the suit of the Attorney-General. Any corporation, or officer or agent thereof, who shall offer or promise to a public officer, or person elected or ap pointed 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 discrimnation 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 6. Any district attorney who shall fail faithfully to prosecute a person charged with the violation in his county of any provision of this article which may come to his knowledge, shall be removed from office by the Governor, after due notice and an opportunity of being heard in his defense. The expenses which shall be incurred by any county, in investigating and prosecuting any charge of bribery or attempting to bribe any person holding office under the laws of this State, within such county, or of receiving bribes by any such person in said county, shall be a charge against the State, and their payment by the State shall be provided for by law. ARTICLE XIV. 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, and 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 each proposed amendment or amendments to the people for approval in such manner and at such times as the Legisla ture shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become a part of the Constitution from and after the first day of January next after such approval. Section 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 shail constitute a quorum for the transaction of business, and no amendment to the Constitution shall be submitted for approval to the electors as hereinafter provided, unless by the assent of a majority of all the delegates elected to the convention, the yeas and nays being entered on the journal to be kept. The convention shall have the power to appoint such officers, employes and assistants as it may deem necessary, and fix their compensation and to provide for the printing of its documents, journal and proceedings. The convention shall determine the rules of its own proceedings, choose its own 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, such vacancy shall be filled by a vote of the remaining delegates at-large. 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 session, such constitution or constitutional amendment, shall go into effect on the first day of January next after such approval. 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 XV. Section 1. This Constitution shall be in force from and including the first day of January, one thousand eight hundred and ninety-five, except as herein otherwise provided. Done in Convention at the Capitol in the City of our names. JOSEPH HODGES CHOATE, President and Delegate-at-Large. CHARLES ELLIOTT FITCH, Secretary. SCHEDULE SHOWING WHERE SECTIONS OF CONSTITUTION OF 1846 OCCUR IN REVISED Sec. 17. Old colony laws and acts of the Legislature-Common law-Commissioners to be appointed- (amended by) Sec. 16 Sec. 2. Persons exclu led from right of suffrage-Challenge-Laws to be passed excluding from right of ....(amended by) Sec. 3. Certain employments not to effect residence of voters Sec. 4. Laws to be passed ..(amended by) Sec. 2 Sec. 3 Sec. 4 Sec. 3. .... Sec. 1 ....(amended by) Secs. 2-5 Sec. 4. State divided into thirty-two Senatorial districts-Boundaries thereof-Board of supervisors of the city of New York to divide the county into four Senate districts-Certificates, etc., to be filed..... .(amended by) Secs. 2-5 Census to be taken in 1855, and every ten years-Senate districts, how altered..........(amended by) Secs. 2-5 Members of Assembly, number of, and how apportioned and chosen-Boards of supervisors in certain counties and board of aldermen in New York city to divide the same into Assembly districts-Description of Assembly districts to be filed-Contents of Assembly districtsLegislature to reapportion members of Assembly-Each county entitled to one memberHamilton county-Counties and towns may be divided and new ones erected...(amended by) Sec. 6. Pay of members........... Sec. 15. Assent of a majority of all the members required, etc.. CONSTITUTION OF 1846. Sec. 16. Restriction as to private and local bills......... REVISED CONSTITUTION. Sec. 16 Sec. 17. Existing law not to be made a part of an act except by inserting it therein.... Sec. 17 Sec. 18. Sec. 19. Private and local bills, in what cases they may not be passed-General laws to be passed No extra compensation to be granted to a public officer, servant, agent or contractor.. Sec. 28 Sec. 23 Time and manner of electing Governor and Lieutenant-Governor. Sec. 3 Sec. 4 Requisite qualifications of Lieutenant-Governor-To be President of the Senate, and to act as ..(amended by) Sec. 7 Sec. S. Compensation of Lieutenant Governor.. Sec. 8 Bills to be presented to the Governor for signature-If returned by him with objections, how Sec. 1. State officers, how elected and terms of office.... Sec. 2. State Engineer and Surveyor, how chosen and term of office.. Sec. 5. Commissioners of the Land Office -Commissioners of the Canal Fund-Canal Board. Sec. 6. Powers and duties of boards, etc....... .......... ARTICLE VI. Amended by Secs. 1 to 23, inclusive Sec. 1. Impeachment-Assembly has power of-Effect of judgment.. Sec. 7. Terms of Supreme Court.... 64 64 Sec. 8. Sec. 9. Judge or justice may not sit in review of decisions made by him, etc. Sec 10. Judges of Court of Appeals, or justices of Supreme Court, to hold no other office.. Sec. 11. Removals-Proceedings in relation to...... Sec. 12. City courts..... Sec. 13. Justice of Supreme Court or judge of city courts, how chosen-Term of office-Restriction as to age.... Sec. 14. Compensation of judges or justices-Not to be diminished during term of office. Judge of Court of Appeals or justice of Supreme Court, election or appointment of-Question Sec. 19. Inferior local courts.. Sec. 20. Clerks of Supreme Court and Court of Appeals.. Sec. 21. No judicial officer, except justice of the peace, to receive fees Sec. 22. Sec. 23. Sec. 24. Judgments, etc., may be ordered directly to Court of Appeals for review. Local judicial officers-Term of office of present incumbents Sec. 27. Surrogates' Courts... 66 Sec. 28. Court of Appeals may order causes to be heard by Commissioner of Appeals CONSTITUTION OF 1846. ARTICLE VII. REVISED CONSTITUTION. abrogated Sec. 9 .abrogated Sec. 8 .abrogated Sec. 1 Sec. 2 Limitation of the legislative power in the creation of debts .(amended by) Sec. 4 Sec. 5 (amended by) Sec. 6 Legislature to provide for the incorporation of cities and villages, and to define powers thereof Sec. 10. The credit or money of the State not to be given or loaned. Sec. 9 Sec. 11. Counties, cities, towns and villages not to give money or property or loan their money or credit Sec. 10 ARTICLE IX. Sec. 1. Common school, literature and United States deposit funds... Sec. 3 Sec. 1. Sheriff, clerks of counties, register and clerk of New York, coroners and district attorneys- Sec. 2 Officers to be appointed by Governor and Senate-Commissary-General.. (amended by)) inclu .(amended by)! sive. .(amended by)] Sec. 1-6 Sec. 1. Election-Term of office of Senators and members of Assembly.. Sec. 3. Sec. 4. State officers, and others, to remain in office till December 31, 1847. Vacancy in office of chancellor, or justice of Supreme Court, how filled Sec. 9. Sec. 10. Chancellor and justice of present Supre:ne Court, eligible.. Sec. 11. Persons offering or receiving bribe may be witness (Art. XIII., Sec. 4) ARTICLE XVI. Sec. 1. Amendments, when to take effect (superseded by Art. XIV., Sec. 1)......... |