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THE ARMS OF THE STATE OF NEW YORK,

AS RE-ESTABLISHED BY CHAPTER 190 OF THE LAWS OF 1882
AND AMENDED IN 1895.

CHAPTER 190.

AN ACT to re-establish the original arms of the State of New York, and to provide for the use thereof on the public seals.

PASSED May 20, 1882; three-fifths being present.

The people of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The device of arms of this State, as adopted March sixteenth, seventeen hundred and seventy-eight, is hereby declared to be correctly described as follows:

Charge.-Azure, in a landscape, the sun in fess, rising in splendor, or,* behind a range of three mountains, the middle one the highest; in base a ship and sloop under sail, passing and about to meet on a river bordered below by a grassy shore fringed with shrubs, all proper.t

Crest.-On a wreath, azure and or, an American eagle proper,

*This word, or, derived through the French language from the Latin word aurum, gold, means yellow or gold color, and is represented in engravings by small dots.

ti.e., represented in their natural color.

rising to the dexter, from a two-thirds of a globe terrestrial showing the North Atlantic Ocean, with outlines of its shores.

Supporters.-On a quasi-compartment formed by the extension of the scroll.

Dexter. The figure of Liberty proper, her hair disheveled and decorated with pearls, vested azure, sandaled gules, about the waist a cincture or, fringed gules, a mantle of the last depending from the shoulders behind to the feet, in the dexter hand a staff ensigned with Phrygian cap or, the sinister arm embowed, the hand supporting the shield at the dexter chief point, a royal crown by her sinister foot dejected.

Sinister -The figure of Justice proper, her hair disheveled and decorated with pearls, vested or, about the waist a cinctured azure, fringed gules, sandaled and mantled as Liberty, bound about the eyes with a fillet proper, in the dexter hand a straight sword hilted or, erect, resting on the sinister chief point of the shield, the sinister arm embowed, holding before her her scales proper.

Motto.-On a scroll below the shield, argent, in sable, EXCELSIOR. Sec. 7. During the hours when the legislature is in session, the State flag shall be displayed from the Capitol together with the flag of the United States; the State flag shall be blue containing a white circular space charged with the arms of the State in the colors as described in the blason of section one of this Act.

STATE COLOR.

By common consent the imperial color, purple, has been used as the color of the Empire State. No official action was taken as to its adoption, however, till the Columbian exposition of 1893, when the State commissioners in charge of New York's exhibit adopted it as the color emblem of the Empire State.

STATE TREE AND STATE FLOWER.

By vote of the school children of the State taken on Arbor day in 1889 the maple was adopted as the State tree, and in the same way in 1891 the rose was adopted as the State flower.

THE CONSTITUTION OF THE STATE OF NEW YORK

Adopted Nov. 3, 1846, as Amended, and in Force Jan. 1, 1895.

Sections marked thus, †, are the additions to the Constitution of 1846 which were adopted in 1894.

WE THE PEOPLE of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION.

ARTICLE I-Certain Personal Rights *

§ 1. Persons not to be disfranchised.-No member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers.

§ 2. Trial by jury.-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.

83. Religious liberty. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse

* The first 8 sections of Art I may be called the "Bill of Rights" of the N. Y. Constitution (see page 193, secs. 2 and 3), though § 6 is indicated in the text as the Bill of Rights,

acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.

84. Habeas corpus.-The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension.

85. Excessive bail and fines.-Excessive bail shall not be required nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained.

§ 6. Grand jury-bill of rights.-No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service; and the land and naval forces in time of war, or which this State may keep, with the consent of Congress, in time of peace; and in cases of petit larceny, under the regulation of the Legislature), unless on presentment or indictment of a grand jury; and in any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions. No person shall be subject to be twice put in jeopardy for the same offence; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.

§ 7. Compensation for taking private property; private roads; drainage of agricultural lands. 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 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.

§ 8. Freedom of speech and press; criminal prosecutions for libel. Every citizen may freely speak, write and publish his

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