CONTENTS.

THE CONSTITUTION OF THE STATE OF NEW YORK.

As revised in 1894, and including the amendments of 1899, 1901,

and 1905.

Constitution and amendments, 3.

PREAMBLE, 3-29.

First Constitution had an introduction, but no preamble, 3-Intro-

duction included various resolutions and the Declaration of Inde-

pendence; people supreme, 4.-Introduction omitted in second

Constitution; preambles, 1821, 1846, 1894; purpose of preamble;

judicial construction, 5.-What is a constitution? 6.-Japan's con-

stitution, 1889; preamble, 7.-Early Roman law; use of term in

early colonial charters, 8.-English constitution; Governor Tryon

on colonial constitution; use of term in first convention, 9.—

Various definitions, 10.-Object of written constitution; adoption

of Constitution; amended Constitution, 11.-Amendment; who

may raise constitutional question, 12.-When question may be

raised; how question raised, 13.

PRINCIPLES OF CONSTRUCTION, 14-21.

In general, 14.-Aid to construction; doubtful construction not en-

couraged; existing statutes; legislative construction, 17.-Mean-

ing, when fixed; object; scope of Constitution; self-executing

provisions, 19.-Special term, 20.-Waiver, 21.

CONSTITUTIONS OF OTHER STATES, 21, 22.

CONSTITUTION OF UNITED STATES, 22-29.

Accused, rights of; attainder; bankruptcy; bills of credit, 22.-Com-

mon carriers; construction by state courts; corporations; crimes;

due process, 23.-Faith and credit, 24-Federal Constitution su-

preme; fugitives from justice; fugitive slaves, 25.--Hudson river;

involuntary servitude; jurisdiction of courts, 26.-Jury trial, 27.-

Legal tender act; maritime liens; national banks; naturalization;

property; treaties, 28.-Unreasonable searches and seizures; volun-

teers and substitutes, 29.

ARTICLE I. BILL OF RIGHTS, 29-179.

SEC. I. RIGHTS OF CITIZENS, 29-38.

History of section; members of the state, 30.

Rights of Citizens, 30-37.

Accused, rights of, 30.-Appeal; corporations; court-martial;

crimes; education, 31.-Fire department; master and servant;

minors, 32.-Offices, 33.-Parties, rights of; property, 34.-Public

health, 35.-Race discrimination; suffrage; vaccination; vocation,

36.

Law of the Land, 37, 38.

SEC. 2. TRIAL BY JURY, 38-53.

Historical sketch, 38.-Trial by jury in colony, 39.-Application of

constitutional provision, 41.-Apprentice; assault and battery;

challenge, 42.-Contempt; corporations; counterclaim, 43.—Court-

martial; court cannot withdraw case from jury; damages; de-

cedents' estates; disorderly persons, 44.-Divorce; eminent do-

main; equity; equity actions, 45.-Evidence; excise, 46.— Ex parte

proceeding; habitual criminals; impartial jury; Indian lands, 47.—

Intoxication; justices' courts; liens, 48.—Misdemeanors, 49.-New

offense; New York charter; nuisance; penalties, 50.-Pleading;

procedure; public health; recognizance; referee, 51.-Special pro-

ceedings; special sessions, 52.-Summary proceedings; Sunday

law; venue; village ordinance; waiver, 53-

SEC. 3. RELIGIOUS TOLERATION, 54-65.

Historical sketch, 54.-Judicial construction, 55.-Convention of 1821,

56.-Competency of witnesses, 58.-Convention of 1846 amends

section, 60.-Sunday laws, 61.-Christianity the acknowledged re-

ligion of the people, 62.-Belief in divine healing no excuse for

neglect of parental duty, 64.

SEC. 4. WHEN WRIT OF HABEAS CORPUS NOT TO BE SUSPENDed, 65.

SEC. 5. EXCESSIVE BAIL, FINES, AND PUNISHMENTS PROHIBITED; RIGHTS

OF WITNESS, 65-68.

Origin of section, 65.-Cruel and unusual punishments, 66.—Ex-

cessive bail, 68.

SEC. 6. RIGHTS OF ACCUSED IN CRIMINAL CASES; TAKING PRIVATE PROP-

ERTY FOR PUBLIC USE, 68-135.

Historical sketch;

Grand Jury, 69, 70.

Charter of Liberties, 1683, grand inquest; Fifth

Amendment to Federal Constitution, 69.-Second state Constitu-

tion, 70.

Indictment, 70-72.

Right to Counsel, 72-74.

Twice in Jeopardy, 74-78.

Competent court; concurrent jurisdiction of Federal courts; cor-

recting judgment, 74-Discharge of jury, 75.-New trial, 76.-

Revoking commutation; solitary confinement; trial necessary, 77.—

Variance, 78.

Witness against Himself, 78-83.

Silence no presumption, 81.-Waiver, 82.

Due Process of Law, 83-112.

Origin of term; historical sketch, 83.-Fifth Amendment to Fed-

eral Constitution, 85.

Liberty, 85, 86.

What Is Due Process? 86-90

Due Process Classified, 90.

1. Is Due Process, 91-100.

Animals; barber law; bottling acts; Brooklyn, 91.-Contempt;

crimes, 92.-Drainage; elevators; excise, 93.-Forest preserve;

gambling; game, 94.-Indemnitors; insane persons; insurance

companies; jurors, 95.-Letters; license; liens; mileage books;

milk ordinances; monopolies; New York city, 96.-Niagara Res-

ervation, 97.-Nuisances; recognizance; summons, substituted

service; taxes, 98.-Trusts, 99.-Vinegar act; White Plains, 100.

2. Not Due Process, 100-112.

Animals; appeal, 100.-Cause of action; commitment; compulsory

arbitration; contempt, 101.-Corporations, 102.-Decedents' es-

tates; drainage; evidence; excise, 103.-Fire limits; foreclosure;

franchise, 104.-Indemnitors; inebriate asylum; labor law, 105.—

Married women; metropolitan police district; mileage books;

monuments; New York city, 106.-Notice of assessment, 107.-

Notice of injury; oleomargarine act, 108.-Partition, unknown

heirs; passage tickets; private roads; prizes with food products;

procedure, preferences in civil actions, 109.-Proceeding without

process; real estate sales in certain cities; receivers; redemption

on execution sale; sheriff's costs on attachment, 110.-Summary

proceedings against certain trespassers; tenement houses; transfer

tax; vaccination; villages, 111.-Vinegar; warehousemen; wit-

ness, 112.

Private Property Cannot Be Taken for Public Use Without Com-

pensation, 112-125.

In general, 112.-Bicycle path; canals, 114.-Cause of action; ceme-

teries; compensation, 115.-Consequential damages; dower; drain-

age; foreign insurance companies, 117.—Franchise; highways, 118.

-Hudson river, riparian owner; muniments of title; oyster beds,

122.-Railroad aid; snow and ice; taxation; trade label; water,

123.-Wharves, 124.

Eminent Domain, 125-135.

General consideration of subject, 125-135.-Second taking, 127-131.-

Public use, 131-135.

SEC. 7. COMPENSATION FOR PRIVATE PROPERTY, HOW ASCERTAINED;

PRIVATE ROADS; DRAINAGE, 135-141.

Compensation, how ascertained, 136.-Notice, 137.-Jury; commis-

sioners, 138.-Private roads, 139.-Drainage, 140.

SEC. 8. FREEDOM OF SPEECH AND PRESS; EVIDENCE IN LIBEL CASES,

141-144.

Freedom of press, 141.-Libel, 142.

SEC. 9. RIGHT TO ASSEMBLE AND PETITION; DIVORCES; LOTTERIES PRO-

HIBITED, 144-147.

Right of petition, 144-Lotteries, 145.-Poolselling, 146.

SEC. IO. SOVEREIGNTY IN REAL RROPERTY; ESCHEATS, 147-149.

Origin and scope of section, 147.

SEC. 11. FEUDAL TENURES ABOLISHED, 149.

SEC. 12. ABSOLUTE OWNERSHIP OF ESTATES, 149, 150.

SEC. 13. LEASES OF AGRICULTURAL LANDS LIMITED, 150-152.

Origin and application of section, 150-152.

SEC. 14. RESTRAINTS ON ALIENATION PROHIBITED, 152.

Scope of provision, 152.

SEC. 15. INDIAN LANDS, 152-174.

Jay amendment, 152.-Dutch policy, 154.-English policy, 155.—

Treaty of 1701, 157.—Sir William Johnson's negotiations, 158.—

Fort Stanwix treaty of 1768; Governor Tryon's report, 159.—

Treaty of Paris, 1783, 162.-State policy, 163.-Chancellor Kent's

views, 164.-Judge Bronson's opinion, 167.-The Massachusetts

claim, 168.-Other judicial construction, 169-174.

SEC. 16. COMMON LAW CONTINUED, 175-178.

Governor Tryon on common law in province, 175.-Common law

continued by each Constitution; colonists carry laws of mother

country, 176.-Colonial legislation; charitable uses, 177.-Presump-

tion as to common law of other states, 178.

SEC. 17. ROYAL GRANTS AND CHARTERS PRESERVED, 178.

SEC. 18. DAMAGES FOR INJURIES CAUSING DEATH, 179.

Origin of section; not retroactive, 179.

ARTICLE II. Suffrage, 179-197.

SEC. I. QUALIFICATIONS OF VOTERS, 179-191.

Scope of section, 179.-Legislative control, 182.-Residence, 183.-

Election district; minority representation, 184.-Women excluded;

Church amendment, 185.

SEC. 2. EXCLUSION FROM RIGHT OF Suffrage, 191.

SEC. 3. VOTING RESIDENCE, 192-195.

Institutions of learning, 192.—Soldiers' Home, 193.—Home for Aged

Men; hospitals; prisons, 194.

SEC. 4. REGISTRATION OF VOTERS, 195, 196.

Object of section, 195.

SEC. 5. MANNER OF VOTING, 196.

SEC. 6. BI-PARTISAN ELECTION BOARDS, 197.

Application of section, 196.