District number Twenty (20) shall consist of the counties of Madison and Oswego. District number Twenty-two (22) shall consist of the county of Onondaga. District number Seventeen (17) shall consist of the counties of Schoharie and Delaware. District number Eighteen (18) shall consist of the counties of Otsego and Chenango. District number Twenty-three (23) shall consist of the counties of Cortland, Broome and Tioga. District number Twenty-four (24) shall consist of the counties of Cayuga and Wayne. District number Twenty-five (25) shall consist of the counties of Tompkins, Seneca and Yates. District number Twenty-six (26) shall consist of the counties of Steuben and Chemung. District number Twenty-seven (27) shall consist of the county of Monroe. District number Twenty-eight (28) shall consist of the counties of Orleans, Genesee and Niagara. District number Twenty-nine (29) shall consist of the counties of Ontario and Livingston. District number Thirty (30) shall consist of the counties of Allegany and Wyoming. District number Thirty-one (31) shall consist of the county of Erie. District number Thirty-two (32) shall consist of the counties of Chautauque and Cattaraugus. SEC. 4. An enumeration of the inhabitants of the State shall be taken under the direction of the Legislature, in the year one thousand eight hundred and fifty-five, and at the end of every ten years thereafter; and the said districts shall be so altered by the Legislature, at the first session after the return of every enumeration, that each senate district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens and persons of color not taxed; and shall remain unaltered until the return of another enumeration, and shall at all times consist of contiguous Census to be taken in 1855, and every ten years. Senate districts, how altered. Assembly, number of. ties. tion of senate districts, unless it shall be entitled to two or more senators. SEC. 4. The Assembly shall consist of one hundred and thirtyChosen by coun- nine members, who shall be chosen by counties, and shall be apportioned among the several counties of the State, as nearly as may be, according to the number of inhabitants thereof, excludTerm of office. ing aliens, and shall hold office for one year. How apportioned. County of Hamilton. Each county entitled to one member. Each county shall be entitled to at least one member, except that the counties of Fulton and Hamilton shall elect together, until the population of the county of Hamilton shall, according to the ratio, entitle it to a member. No new county shall be First apportionment of Assembly. New counties. made, unless its population, according to the last preceding enumeration, shall entitle it to a member. The members of assembly shall be apportioned by the Legislature, at its first session after the adoption of this constitution, upon the enumeration of the inhabitants of the State, excluding aliens, made in the year one New apportion- thousand eight hundred and sixty-five. A like apportionment shall be made by the Legislature at its first session after every such enumeration, and every apportionment shall remain unaltered until another enumeration. ment. Pay of members of Legislature. SEC. 5. The members of the Legislature shall each receive an territory; and no county shall be divided in the formation of a senate district except such county shall be equitably entitled to two or more senators. (See Art. III., Sec. 2, Present Constitution.) apportioned and chosen. SEC. 5. The members of Assembly shall be apportioned among Assembly, how the several counties of this State, by the Legislature, as nearly as may be, according to the number of their respective inhabitants, excluding aliens and persons of color not taxed, and shall be chosen by single districts. Boards of Supercounties to divide into Assembly visors in certain the same districts. Description of Assembly dis- The several boards of supervisors in such counties of this State, as are now entitled to more than one member of assembly, shall assemble on the first Tuesday of January next, and divide their respective counties into assembly districts equal to the number of members of assembly to which such counties are now severally entitled by law, and shall cause to be filed in the offices of the secretary of state, and the clerks of their respective counties, a description of such assembly districts, specifying the number of each district and the population thereof, according to the last preceding State enumeration, as near as can be ascertained. Each assembly district shall contain, as nearly as may be, an equal Contents of Asnumber of inhabitants, excluding aliens and persons of color not sembly districts. taxed, and shall consist of convenient and contiguous territory; but no town shall be divided in the formation of assembly districts. ilton. The county of Hamilton shall elect with the county of Fulton, County of Hamuntil the population of the county of Hamilton shall, according to the ratio, be entitled to a member. entitled to one member. apportion mem Every county heretofore established and separately organized, Each county except the county of Hamilton, shall always be entitled to one member of the assembly, and no new county shall be hereafter erected, unless its population shall entitle it to a member. The Legislature, at its first session after the return of every Legislature to reenumeration, shall reapportion the members of assembly among bers of Assembly. the several counties of this State, in manner aforesaid, and the boards of supervisors in such counties as may be entitled, under such reapportionment to more than one member, shall assemble at such time as the Legislature making such reapportionment shall prescribe, and divide such counties into assembly districts, in the manner herein directed; and the apportionment and districts so to be made shall remain unaltered until another enumeration shall be taken under the provisions of the preceding section. SEC. 6. The members of the Legislature shall receive for their Pay of members of Legislature. annual salary of one thousand dollars, and ten cents for every mile they shall travel in once going to and returning from their place of meeting, by the most usual route. Additional com pensation to Speaker. No member to receive The speaker of the assembly shall receive an additional salary of five hundred dollars; but the Legislature shall provide by law for a deduction from the salary of members for non-attendance. SEC. 6. No member of the Legislature shall be appointed to an appointment. any civil office within the State, by the governor, the governor and senate, or by the Legislature, during the time for which he shall have been elected; and all such appointments and all votes given for any such member therefor shall be void. Persons disquali fied from Nor shall any member of Congress or any judicial or military being members. officer under the United States hold a seat in the Legislature. If any person, after his election to the Legislature, shall be elected to Congress or appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat. Time of election fixed. SEC. 7. The election of members of the Legislature, shall be held on the Tuesday succeeding the first Monday in November, unless otherwise directed by law. The first election shall be held in the year one thousand eight hundred and sixty-nine. The legislative term shall begin on the first day of January, and the Legislature to Legislature shall every year assemble on the first Tuesday in January, unless a different day be appointed by law. The members of the Legislature who may be in office on the first day of January, one thousand eight hundred and sixty-nine, shall hold their offices until and including the 31st day of December of that year, and no longer. Powers of each house. SEO. 8. A majority of each house shall constitute a quorum. Each house shall determine the rules of its own proceedings, and be the judge of the election, returns and qualifications of its members; shall choose its own officers; and the Senate shall choose a temporary president to preside when the Lieutenant services a sum not exceeding three dollars a day, from the commencement of the session; but such pay shall not exceed in the aggregate three hundred dollars for per diem allowance, except in proceedings for impeachment. The limitation as to the aggregate compensation shall not take effect until the year one thousand eight hundred and forty-eight. When convened in extra session by the governor, they shall receive three dollars per day. They shall also receive the sum of one dollar for every ten miles they shall travel, in going to and returning from their place of meeting, on the most usual route. The speaker of the assembly Additional comshall, in virtue of his office, receive an additional compensation equal to one-third of his per diem allowance as a member. pensation to Speaker. receive SEC. 7. No member of the Legislature shall receive any civil No member to appointment within this State, or to the senate of the United an appointment. States, from the governor and senate, or from the Legislature during the term for which he shall have been elected; and all such appointments, and all votes given for any such member, for any such office or appointment, shall be void. fied from being members. SEC. 8. No person being a member of Congress, or holding Persons disqualiany judicial or military office under the United States, shall hold a seat in the Legislature. And if any person shall, after his election as a member of the Legislature, be elected to Congress, or appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat. fixed. SEC. 9. The elections of Senators and Members of Assembly, Time of election pursuant to the provisions of this Constitution, shall be held on the Tuesday succeeding the first Monday of November, unless otherwise directed by the Legislature. (See Art. X., Sec. 6, Present Constitution.) house. SEC. 10. A majority of each house shall constitute a quorum Powors of each to do business. Each house shall determine the rules of its own proceedings, and be the judge of the elections, returns and qualifications of its own members; shall choose its own officers; and the Senate shall choose a temporary president, when the Lieute |