ARTICLE III- Continued.

or an officer under any city government. 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, or under any city government, his acceptance thereof shall vacate his seat.

Time of election fixed.

SEC. 9. 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.

Powers of each house.

SEC. 10. A majority of each house shall constitute a quorum 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 LieutenantGovernor shall not attend as president, or shall act as Governor.

Journals to be kept.

SEC. 11. 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.

No member to be questioned, etc.

SEC. 12. For any speech or debate in either house of the Legislature, the members shall not be questioned in any other place.

Bills may originate in either house.

SEC. 13. Any bill may originate in either house of

ARTICLE III-Continued.

the Legislature, and all bills passed by one house may be amended by the other.

Enacting clause of bills.

SEC. 14. 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.

Assent of a majority of all the members required, etc.

SEC. 15. No bill shall be passed unless by the assent of a majority of all the members elected to each branch of the Legislature, and the question upon the final passage shall be taken immediately upon its last reading, and the yeas and nays entered on the journal.

This requirement is satisfied where a bill having been so passed, subse quent amendments, passed in the same manner, are receded from by a vote without calling the ayes and nays. People ex rel. Scott v. Supervisors, 8 N. Y. 317.

This provision is only directory; an act passed otherwise is not declared void. Id.; People ex rel. Burrows v. Supervisors, 27 Barb. 584.

Restriction as to private and local bills.

SEC. 16. 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.

An act containing both general and local provisions is not a local act, and the general provisions are not vold because the title refers only to the local provisions; People v. McCann, 16 N. Y. 58; but the local provisions are void unless specified in the title. People v. Supervisors of Chautauqua, 43 N. Y. 10.

An expression of the general subject is sufficient. Neuendorf v. Duryea, 69 N. Y. 557.

It is enough if it fairly and reasonably announces the subject; the details and the means need not be set forth. Matter of Petition of Mayer, 50 N. Y. 50; People ex rel. Davies v. Com's, 47 id. 501. The title need not be the most exact expression possible. Matter of Mayer, 50 id. 504. An act is local when limited to a particular locality, irrespective of population. People v. O'Brien, 38 N. Y. 193.

It is not necessary to constitute a public act that it should be equally applicable to all parts of the State; it is enough that it extends to all persons within the territory described. Burnham v. Acton, 7 Rob. 395. A local act with a title apparently of general application, the subject of which is sufficiently set forth, is valid. Neuendorff v. Duryea, supra. As to what acts are, and what are not, within this provision, see Peo ple v. Hills, 35 N. Y. 449; People v. Briggs, 50 id. 553; Matter of Petition of Astor, id. 363; Matter of Van Antw rp, 56 id. 261; Matter of Petition of Volkenning, 52 id. 650: Sullivan v. Mayor, 53 id. 652; People v. Dudley, 58 id. 323 Wentler v. People, 58 id. 516; People v. Quigg, 59 id. 88; People v. Willsea, 60 id. 507; People v. Trustees of Dansville, 1 Hun, 595; Gaskin v. Meek, 42 N. Y. 186; People ex rel. Schenectady Astr. Observatory v.

ARTICLE III- Continued.

Allen, id. 404; Healey v. Dudley, 5 Lans. 115; Matter of Van Antwerp, 56 N. Y. 261; Harris v. People, 59 id. 599; Gordon v Cornes, 47 id. 608; People, ex rel. Hayden, v. City of Rochester, 50 id. 525; Huber v. People, 49 id. 132; and note to Neuendorf v. Duryea, 25 Am. Rep. 239; also People, ex rel. v. Sup. of Essex Co., 70 N. Y. 229; In re Pet. N. Y. Elev. R. R. Co., id. 327; People, ex rel. v. Dunlap, 66 id. 162; In re Prospect Park, etc., Co., 67 id. 372; People, ex rel. Com'rs, v. Banks, id. 568; People, ex rel. v. Brinkerhoff, 68 id. 259; Kerrigan v. Force, id. 381; Billings v. Mayor, id. 413: Matter of Mayer, 50 id. 504; Matter of Flatbush, 60 id. 398; People v. Crissey, 91 id. 616; Matter of Upson, 89 id. 67: Webb v. Mayor, 64 How. Pr. 10; People v. Partridge, 13 Abb. N. C. 410; Matter of Paul, 94 N. Y. 497; Van Vranken v. Schenectady, 31 Hun, 516; Utica WaterWorks v. City of Utica, id. 426; Matter of U. S, 66 How. Pr. 517: 96 N. Y. 227; Matter of Mayor, 99 1d. 569: Chamberlain v. Taylor, 36 Hun, 24; Supervisors of Seneca v. Allen, 99 N. Y. 532 Harris v. Supervisors of Niagara, 33 Hun, 279; Matter of Church, 92 N. Y. 1; Mc Donald v. Mayor, 19 Week. Dig. 513: Board of Water Com'rs v. Durght, 101 N. Y. 9; In re Knanst, id. 188; Tingue v. Village of Port Chester, id. 294; Cole v. State, 102 id. 48.

Existing law not to be made a part of an act except by inserting it therein.

*SEC. 17. 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 any part thereof, shall be applicable, except by inserting it in such act.

An act recognizing and validating a concurrent resolution is not within this prohibition; People v. Lurned, 5 Hun, 626.

This provision does not require the re-enactment of general laws necessary to carry into effect a special statute. People ex rel. Comrs. v. Banks, 67 N. Y. 568.

An act altering a town by creating a new one out of it, and providing that all laws applicable to the old town is valid. People ex rel. v. Hayt, 7 Hun, 39.

See Wells v. City of Buffalo, 14 Hun, 438; Hurlburt v. Banks, 1 Abb. N. C. 157; People v. Hayt, 7 Hun, 39; Hathaway v. Tuttle, 12 Week. Dig. 240; Nash v. White's Bank of Buffalo, 37 Hun, 57.

Private and local bills, in what cases they may not be passed- General laws to be passed-Street railroads, condition upon which they may be authorized. SEC. 18. The Legislature shall not pass a private or local bill in any of the following cases:

Changing the names of persons.

Not applicable to corporations. 8. c., 27 Hun, 582.

Moran v. Lydecker, 11 Abb. N. C. 298:

Laying out, opening, altering, working or discontinu

* Sections 17 to 25. both inclusive, added by vote of the people November 3, 1874.

ARTICLE III - Continued.

ing roads, highways or alleys, or for draining swamps or other low lands.

Not applicable to city streets or avenues. Matter of Woolsey, 95 N. Y. 135.

Locating or changing county seats.

Providing for changes of venue in civil or criminal

cases.

Incorporating villages.

But they may amend a village charter existing before this provision was adopted. Reed v. Schmit, 37 Hun, 223.

Providing for election of members of boards of supervisors.

An act providing for election of supervisors in four counties only is void. People v. Hoffman, 60 How. Pr. 324.

Selecting, drawing, summoning or impaneling grand or petit jurors.

Not applicable to an amendment simply transferring power of selection of petit jurors. People v. Petrea, 92 N. Y. 128.

Regulating the rate of interest on money.

The opening and conducting of elections or designating places of voting.

Creating, increasing or decreasing fees, percentage or allowances of public officers, during the term for which said officers are elected or appointed.

Not applicable to general bill increasing fees of sheriffs of Kings county; Kerrigan v. Force, 68 N. Y. 381; nor to New York city consolidation act, Ricketts v. Mayor. 67 How. Pr. 320; nor to regularly salaried officers: Mangam v. City of Brooklyn, 98 N. Y. 585; nor to certain county treasurers; Supervisors of Seneca v. Allen, 99 id. 532. See Cole v. State, 101 id. 48.

Granting to any corporation, association or individual the right to lay down railroad tracks.

An act authorizing the construction of an "illustrative section" of elevated railway on a street in New York is invalid. People v. Loew, 102 N. Y. 471.

An act extending the expired time of a railroad is invalid. Matter of Brooklyn, etc.. R. Co.. 75 N. Y. 335: Patten v. N. Y. El. R. Co.. 3 Abb. id. 306.

ARTICLE III- Continued.

But an act restricting and regulating an existing right is not within the prohibition. Gilbert El. Ry. Co. v. Anderson, 3 Abb. N. C. 434 Feople v. Long Island R. Co., 9 id. 181.

Granting to any private corporation, association or individual any exclusive privilege, immuuity or franchise whatever.

See Matter of Union Ferry Co., 98 N. Y. 139. The Legislature may regulate powers previously granted to a corporation Matter of N. Y. El. Ry. Co., 70 N. Y. 327; Moran v. Long Island City, 101 id. 439.

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 one-half in value 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 general term of the supreme court, in the district 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 ope rated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property

owners.

This provision as to highways applies only to public highways. Peo ple ex rel. Comrs v. Banks. 67 N. Y. 568.

These provisions for consent of property owners do not apply to the city of New York. In re Gilbert Elev. R. Co., 70 N. Y. 361.

The Legislature may enact that a second railway shall not be constructed in a street until the consent of the first is obtained. In re Thirty-fourth St. R. Co., 102 N. Y. 343.