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ber: Madison county, one member; Monroe county, four members; Montgomery county, one member; New York county, thirty-five members; Niagara county, two members; Oneida county, three members; Onondaga county, four members; Ontario county, one member; Orange county, two members; Orleans county, one member: Oswego county, two members; Otsego county, one member; l'utnam county, one member; Queens county, three members; Rensselaer county, three members; Richmond county, one member; Rockland county, one member; St. Lawrence county, two members; Saratoga county, one member; Schenectady county, one member; Schoharie county, one member; Schuyler county, one member; Seneca county, one member; Steuben county, two members; Suffolk county, two members; Sullivan county, one member; Tioga county, one member; Tompkins county, one member; Ulster county, two members; Warren county, one member; Washington county, one member; Wayne county, one member; Westchester county, three members; Wyoming county, one member, and Yates county, one member.
In any county entitled to more than one member, the board of supervisors, and in any city embracing an entire county and having no board of supervisors, the common council, or if there be none, the body exercising the powers of a common council, shall assemble on the second Tuesday of June, one thousand eight hundred and ninety-five, and at such times as the Legislature making an apportionment shall prescribe, and divide such counties into assembly districts as nearly equal in number of inhabitants, excluding aliens, as may be, of convenient and contiguous territory in as compact form as practicable, each of which shall be wholly within a senate district formed under the same apportionment, equal to the number of members of assembly to which such county shall be entitled, and shall cause to be filed in the office of the Secretary of State and of the clerk of such county, a description of such districts, specifying the number of each district and of the inhabitants thereof, excluding aliens, according to the last preceding enumeration; and such apportionment and districts shall remain unaltered until another enumeration shall be made, as herein provided; but said division of the city of Brooklyn and the county of Kings to be made on the second Tuesday of June, one thousand eight hundred and ninety five, shall be made by the common council of the said city and the board of supervisors of said county, assembled in joint ses sion. In counties having more than one senate district, the sam number of assembly districts shall be put in each senate district unless the assembly districts cannot be evenly divided among the senate districts of any county, in which case one more assembl district shall be put in the senate district in such county having the largest, or one less assembly district shall be put in th senate district in such county having the smallest number of inhabitants, excluding aliens, as the case may require. No town and no block in a city inclosed by streets or public ways, shall be divided in the formation of assembly districts, nor shall any dis trict contain a greater excess in population over an adjoining district in the same senate district, than the population of a towr or block therein adjoining such assembly district. Towns or blocks which, from their location, may be included in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants, excluding aliens; but in
the division of cities under the first apportionment, regard shall be had to the number of inhabitants, excluding aliens, of the election districts according to the State enumeration of one thousand eight hundred and ninety-two, so far as may be, instead of blocks. Nothing in this section shall prevent the division, at any time, of counties and towns, and the erection of new towns by the Legislature.
An apportionment by the Legislature, or other body, shall be subject to review by the Supreme Court, at the suit of any citizen, under such reasonable regulations as the Legislature may prescribe; and any court before which a cause may be pending involving an apportionment, shall give precedence thereto over all other causes and proceedings, and if said court be not in session it shall convene promptly for the disposition of the same. Const. 1846, art. III, § 5.
6. Compensation of members.
Each member of the Legislature shall receive for his services an annual salary of one thousand five hundred dollars. The members of either house 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, once in each session, on the most usual route. Senators, when the Senate alone is convened in extraordinary session, or when serving as members of the court for the trial of impeachments, and such members of the Assembly, not exceeding nine in number, as shall be appointed managers of an impeachment, shall receive an additional allowance of ten dollars a day.
Const. 1846, art. III, § 6.
§ 7. Civil appointments of members void.
No member of the Legislature shall receive any civil appointment within this State, or the Senate of the United States, from the Governor, the Governor and Senate, or from the Legislature, or from any city government, during the time 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.
Const. 1846, art. III, § 7.
§ 8. Persons disqualified from being members.
No person shall be eligible to the Legislature, who at the time of his election, is, or within one hundred days previous thereto has been, a member of Congress, a civil or military officer under the United States, or an officer under any city government. 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, or under any city government, his acceptance thereof shall vacate his seat. Const. 1846, art. III, § 8.
§ 9. Time of elections.
The elections of senators and members of assembly, 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.
Const. 1846, art. III, § 9.
10. Powers of each house.
A majority of each house shall constitute a quorum to do busiBess. 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 to preside in case of the absence or impeachment of the Lieutenant-Governor, or when he shall refuse to act as president, or shall act as Governor. Const. 1846, art. III, § 10.
§ 11. Journals; open sessions; adjournments.
Each house shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy. The doors of each house shall be kept open, except when the public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days.
Const. 1846, art. III, § 11.
§ 12. Members not to be questioned for speeches. For any speech or debate in either house of the Legislature, the members shall not be questioned in any other place.
Const. 1846, art. III, § 12.
§ 13. Bills may originate in either house.
Any bill may originate in either house of the Legislature, and all bills passed by one house may be amended by the other. Const. 1846, art. III, § 13.
14. Enacting clause of bills.
The enacting clause of all bills shall be "The People of the State of New York, represented in Senate and Assembly, do enact as follows," and no law shall be enacted except by bill.
Const. 1846, art. III, § 14.
§ 15. Manner of passing bills.
No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, unless the Governor, or the acting Governor, shall have certified to the necessity of its immediate passage, under his hand and the seal of the State; nor shall any bill be passed or become a law, except by the assent of a majority of the members elected to each branch of the Legislature; and upon the last reading of a bill, no amendment thereof shall be allowed, and the question upon its final passage shall be taken immediately thereafter, and the yeas and nays entered on the journal.
Const. 1846, art. III, § 15.
16. Private and local bills not to embrace more than one subject.
No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title.
Const. 1846, art. III, § 16.
§ 17. Existing laws made applicable to be inserted. No act shall be passed which shall provide that any existing law, or any part thereof, shall be made or deemed a part of said act, or which shall enact that any existing law, or part thereof, shall be applicable, except by inserting it in such act.
Const. 1846, art. III, § 17.
§ 18. Cases in which private and local bills shall not be passed; restrictions as to laws authorizing street railroads.
The legislature shall not pass a private or local bill in any of the following cases:
Changing the names of persons.
Laying out, opening, altering, working or discontinuing roads, highways or alleys, or for draining swamps or other low lands. Locating or changing county seats.
Providing for changes of venue in civil or criminal cases.
Providing for election of members of boards of supervisors. Selecting, drawing, summoning or impaneling grand or petit jurors.
Regulating the rate of interest on money.
The opening and conducting of elections or designating places of voting.
Creating, increasing or decreasing fees, percentages or allowances of public officers, during the term for which said officers are elected or appointed.
Granting to any corporation, association or individual the right to lay down railroad tracks.
Granting to any private corporation, association or individual any exclusive privilège, immunity or franchise whatever.
Granting to any person, association, firm or corporation an exemption from taxation on real or personal property
Providing for building bridges, and chartering companies for such purposes, except on the Hudson river below Waterford, and on the East river, or over the waters forming a part of the boundaries of the State.
The Legislature shall pass general laws providing for the cases enumerated in this section, and for all other cases which in its judgment, may be provided for by general laws. But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of onehalf in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained, or in case the consent of such property owners cannot be obtained, the Appellate Division of the Supreme Court, in the department in which it is proposed to be constructed, may, upon application, appoint three commissioners who shall determine, after a hearing of all parties interested, whether such railroad ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners. [As amended in 1901. To take effect Jan. 1, 1902.]
Const. 1846, art. III, § 18, added in 1874.
§ 19. Private claims not to be audited by legislature. The Legislature shall neither audit nor allow any private claim or account against the State, but may appropriate money to pay such claims as shall have been audited and allowed according to law.
Const. 1846, art. III, § 19, added in 1874.
§ 20. Two-thirds bills.
The assent of two-thirds of the members elected to each branch of the Legislature shall be requisite to every bill appropriating the public moneys or property for local or private purposes.
Const. 1846, art. I, § 9.
§ 21. Appropriation bills.
No money shall ever be paid out of the treasury of this State, or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law; nor unless such payment be made within two years next after the passage of such appropriation act; and every such law making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied; and it shall not be sufficient for such law to refer to any other law to fix such sum.
Const. 1846, art. VII, § 8.
§ 22. Restrictions as to provisions in the appropriation or supply bills.
No provision or enactment shall be embraced in the annual appropriation or supply bill, unless it relates specifically to some particular appropriation in the bill; and any such provision or enactment shall be limited in its operation to such appropriation. New.
§ 23. Certain sections not to apply to commission bills. Sections seventeen and eighteen of this article shall not apply to any bill, or the amendments to any bill, which shall be reported to the Legislature by commissioners who have been appointed pursuant to law to revise the statutes.
Const. 1846, art. III, § 25, added in 1874.
§ 24. Tax bills to state tax distinctly.
Every law which imposes, continues or revives a tax shall distinctly state the tax and the object to which it is to be applied, and it shall not be sufficient to refer to any other law to fix such tax or object.
Const. 1846, art. III, § 20, added in 1874.
25. When ayes and nays necessary; three-fifths to constitute quorum.
On the final passage, in either house of the Legislature, of any act which imposes, continues or revives a tax, or creates a debt or charge, or makes, continues or revives any appropriation of public or trust money or property, or releases, discharges or commutes any claim or demand of the State, the question shall be taken by yeas and nays, which shall be duly entered upon the