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convention

tion, where

corded.

furnished to the two houses of the legislature. And such convention may adopt such rules and regulations for its own government as a majority of its members may determine ; and said convention shall be the judge of the election and qualification of its own members. And it shall be the duty Manual for of the secretary of state, attorney-general and comptroller, to cause to be prepared and ready for said convention, at the commencement of its session, a suitable manual, two copies of which shall be furnished to each member and officer of said convention, and the expense of which shall be paid upon like order and in the same manner as the expense of stationery.

S 4. A journal of the proceedings of the said convention Journal of shall be kept, and shall, at the final adjournment thereof, be purgse filed in the office of the secretary of state, and the amendments to the present constitution, or the constitution agreed Constituto by the said convention, shall be recorded in his office. A to be remajority of the convention shall constitute a quorum to do business. The doors of the convention shall be kept open, Quorum except when the public welfare shall require secrecy. Every tings to be delegate to the convention shall be privileged from arrest on public. civil process during his attendance at the session of the convention, except on process issued in any suit brought against from arrest. bim for any forfeiture, misdemeanor or breach of trust in any office or place of public trust held by him. Each delegate shall enjoy the like privilege for the space of fourteen days previous to any such session, and also while going to or returning from such session; provided, the time of such going or returning do not exceed fourteen days. Each delegate shall enjoy the like privilege, after any adjournment of the convention, until its next meeting, when such adjournment shall not exceed fourteen days. Each delegate shall enjoy the like privilege, while absent with leave of the convention.' No officer of the convention, whilst in actual attendance upon the same, shall be liable to arrest on civil process. For any speech or debate, in the convention, the members shall not be questioned in any other place. The convention shall Expulsion hare the power to expel any of its members, and to punish ment of its members and officers for disorderly behavior, by imprison- &c. ment or otherwise; but no member shall be expelled until the report of a committee, appointed to inquire into the facts alleged as the ground of his expulsion, shall have been made. The convention shall have the power to punish as a contempt, Punish. and by imprisonment or otherwise, a breach of its privileges, contempt. or of the privileges of its members; but such power shall not be exercised, except against persons guilty of one or more of the following offenses :

1. The offense of arresting a member or officer of the What con convention, in violation of his privilege from arrest, as coutempt. berein before declared.

members,

Limit of

ment.

to give security.

2. That of disorderly conduct in the immediate view and presence of the convention, and directly tending to interrupt its proceedings.

3. That of publishing any false and malicious report of the proceedings of the convention, or of the conduct of a member in his delegated capacity.

4. That of refusing to attend or be examined as a witness, either before the convention or a committee, or before any person authorized by the convention or by a committee, to take testimony in the proceedings of the convention.

5. That of giving or offering a bribe to a member, or of attempting by menace, or any other corrupt means or device, directly or indirectly, to control or influence a member in giving his vote, or to prevent him from giving the same.

In all cases in which the convention shall punish any of its imprison. members or officers, or any other person, by imprisonment,

such imprisonment shall not extend beyond the session of the

convention. Every person appointed to the office of secretary Secretary

of the convention, shall, before he enters on the duties of his office, execute a bond to the people of this state, with such security as the comptroller shall approve, in the penal sum of five thousand dollars, conditioned that he shall faithfully perform the duties of his office, and account for all money's which may come to his hands by virtue thereof.

$ 5. The said amendments or constitution shall be submitof constitu- ted by the convention to the people, for their adoption or

rejection, at the next general election, to be held on the Tuesday next after the first Monday of November next, and every person hereby entitled to vote for delegates may, at that election, vote on such adoption or rejection, in the election district in which he shall then reside, and not elsewhere.

The said amendments or the said constitution shall be voted fion how upon as a whole, or in such separate propositions as the to be taken. convention shall deem practicable, and as the convention

shall by resolution declare. In either case the convention shall prescribe the form of the ballot, the publication of the amendments or of the constitution, and the notice to be given

of the election. In case the said amendment or parts of the Convention said constitution shall be voted upon separately, every person form or bare entitled to vote thereon may vote for or against any one or

more of them. At the election mentioned in this section, the inspectors in every election district shall provide a suitable box or boxes, to receive the ballots given upon the said amendments, which ballots shall have the word “Constitution," written or printed, or partly written or partly printed

upon them, so that when they are folded, that word will Application appear upon the outside of the ballot; and all the provisions erning gen- of the laws of this state, in relation to the election of officers

at a general election not inconsistent herewith, shall apply to the voting thereon, so far as the same can be made applicable

Submission

tion.

Vote upon

lot, &c.

Indorse. ment of ballot.

eral elec. tions, &c.

When constitution to

void.

thereto; and the votes so given, shall be given and canvassed, and all the proceedings shall be had in regard to them, as nearly as practicable, in the manner prescribed by law in respect to the votes given for governor. And when it shall When probe ascertained by the board of state canvassers, under the be declared foregoing provisions, that any proposition submitted as aforesaid has received more votes in its favor than have been cast against the same, then that proposition shall be declared to be adopted, either as the constitution, a part of the constitution, or an amendment to the present constitution, as the case may be; and said board of state canvassers shall determine and take effect. declare, by their certificate in writing, to be filed and recorded in the office of the secretary of state, the constitution as adopted, revised or amended, and the same shall take effect from and after the thirty-first day of December, one thousand eigbt hundred and sixty-seven, unless the said convention shall prescribe some other time on which the same shall take effect, and the convention may in its discretion, by resolution tis a time other than the foregoing; and each of the said When proamendments which shall not receive a majority of all the positions to Totes given upon it at the said election, shall be void and of no effect.

36. All willful and corrupt false swearing in taking any Perjury. of the oaths prescribed by this act, or by the laws of this state made applicable to this act, or in any other mode or form in carrying into effect this act, shall be deemed perjury, 'andeshall be punished in the manner now prescribed by law for willful and corrupt perjury.

37. It shall be the duty of the secretary of state to cause Duty of this act to be published once a week, for each week after its passage, until the election herein provided, in not less than to publica tro or more than four of the public newspapers published in sending each of the several counties of this state, in which two or structions, more public newspapers are published, and shall also cause to be transmitted to the several clerks of counties in this state, such number of copies of this act, with the necessary forms and instructions, as shall be sufficient to supply the several officers who are to perform the duties prescribed by this act, and the said clerks of counties shall distribute the same to such officers; and the expense of publishing and distributing the same, and all other legal expenses incurred in printing for the convention shall be audited by the comptroller, and paid by the treasurer according to law.

3 8. The comptroller and secretary of state are hereby Printing to anthorized and required to receive proposals and make con-bendraget by tract, for all the printing necessary for the said convention, under the provisions of this act, and all such printing shall be done under that contract. Such proposals shall be called for, on public notice by advertisement, as they shall determine.

secretary of state as

&c.

$ 9. The sum of two hundred and fifty thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the treasury to pay the expenses of the convention provided for in this act.

$ 10. This act shall take effect immediately.

Buffalo.

CHAP. 28.
AN ACT in relation to the Niagara Frontier Police

District.

PASSED April 1, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section six of the act entitled "An act to establish the Niagara frontier police district, and to provide for the government and discipline thereof," passed April tenth, one thousand eight hundred and sixty-six, is hereby amended by striking out of said section the words “they shall appoint patrolmen to the number of not exceeding one hundred and five," and in the place thereof inserting the words following, to wit: “they shall appoint patrolmen to the number of not exceeding one hundred and twenty.”

Ante, vol. Quota for 82. The first sentence of section seven of the said act is

hereby amended so as to read as follows: “The quota of patrolmen for the city of Buffalo, and whose services are to be paid for by the contributions to the Niagara frontier police. district fund, shall not exceed one hundred and fifteen, unless the common council of said city shall, by resolution, upon the recommendation of the mayor, determine a specified additional number to be necessary.

Ante, vol. $ 3. Section nine of the said act is hereby amended so as to read as follows:

$ 9. The said board of commissioners shall appoint two doormen for each police station, one for the day and one for the night, who shall be subject like patrolmen to the govern

ment and discipline of said commissioners and superintendClerk and ent. The said board shall also appoint a clerk to the board,

and a surgeon to the police force, each of whom shall hold office during the pleasure of the board of commissioners. The superintendent shall detail from the patrolmen a number not to exceed fifteen at any one time for duty as detectives during his pleasure, and while detailed as such detectives, the said patrolmen shall receive an additional compensation at the rate of one hundred dollars per annum.

$ 4. Section fourteen of the said act is hereby amended so as to read as follows:

Doormen.

surgeon.

Detectives.

treasurer.

$ 14. The treasurer of said board shall be the fiscal officer Duties of of the said police district. He shall receive, keep, and duly disburse, in the manner in this act provided, all moneys belonging to the Niagara frontier police district fund, and shall deposit to the credit of said fund all such moneys, when received by him, in some bank designated by the board. No moneys shall be paid out from said fund by said treasurer except upon warrants signed by the president or a majority of the said board for the purposes authorized by law or allowed by this act. Such warrants shall specify the purpose for which they are drawn. The treasurer shall keep an acciirate account of all such receipts and payments, in suitable books to be provided for that purpose, specifying therein the sources from which the said moneys were received, and the purposes for which the same were paid out, and shall annually, in the month of January, file in the office of the secretary of state a copy, duly verified by him, of such account for the year next preceding, and a like copy in the office of the clerk of the city of Buffalo. The said treasurer shall His bond. execute a bond, with not less than two sureties, in a penal sum of not less than forty thousand dollars, to the people of the state of New York, for the faithful discharge of his duties as such treasurer; and said sureties shall qualify before'a justice of the supreme court of this state, and such bond shall have the approval of such justice indorsed thereon, and Where to shall be filed in the office of the comptroller of the state before such treasurer shall enter upon the duties of his office; and any collections that may be made upon such bond, by suit or otherwise, shall be immediately deposited in such bank as said board shall direct, to the credit of the Niagara frontier police district fund. No expenses other than salaries and pay herein provided for shall ever be incurred by the board of police, except for rents, telegraphing, postage, and incidental expenses, stationery, printing, advertising, fuel and lights, unless the same shall be expressly authorized and provision made therefor as a separate city, village or town charge upon the city, village or town within wbich the expenditure becomes necessary.

Ante, vol. 6, p. 752. $ 5. Section twenty of said act is hereby amended so as to read as follows:

Ante, vol. 6, p. 754. $ 20. The commissioners of police, in furtherance of the Rules and police government of said district, and for the promoting and regulations perfecting the discipline of subordinates and members of the force, are empowered to enact, modity and repeal, from time to time, rules and regulations of general discipline, wherein, in addition to such other provisions as may be deemed expedient by said commissioners, there shall be particularly defined, enumerated and distributed, the powers and duties

be filed.

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