No. 136. IN CONVENTION November 21, 1867. REPORT OF THE COMMITTEE ON THE POWERS AND DUTIES OF THE LEGISLATURE, EXCEPT AS TO MATTERS OTHERWISE REFERRED, AS AMENDED IN COMMITTEE OF THE WHOLE, AND MADE A SPECIAL ORDER FOR NOVEMBER 21ST, AT 7 O'CLOCK, P. M. 1 SECTION 1. The Governor may call special sessions of the 2 Legislature by proclamation, in which shall be stated the par3 ticular object or objects for which they are so called, and no 4 business shall be transacted at any such special session except 5 such as shall be stated in the proclamation calling the same. 1 SEC. 2. For any speech or debate, in either houses of the 2 Legislature, the members shall not be questioned in any other 3 place. [CON. No. 136.] 1 1 SEC. 3. Any bill may originate in either house of the Legis2 lature, and all bills passed by one house may be amended by the 3 other. 1 SEC. 4. The enacting clause of all bills shall be "The 2 People of the State of New York, represented in Senate and 3 Assembly, do enact as follows," and no law shall be enacted 4 except by bill. 1 SEC. 5. No bill shall be passed unless by the assent of a 2 majority of all the members elected to each branch of the Legis 3 lature; and the question upon the final passage shall be taken 4 immediately upon its last reading, and the yeas and nays entered 5 on the journal. 1 SEC. 6. No law shall embrace more than one subject and the 2 matters necessarily connected therewith, which subject shall be 3 expressed in its title. But if any subject shall be embraced in 4 an act which shall not be expressed in the title, such act shall be 5 void only as to so much thereof as shall not be expressed in the 6 title. 1 SEC. 7. No law shall be revised, altered or amended by 2 reference to its title only, but the act revised, or the section or 3 sections thereof altered or amended, shall be re-enacted and pub4 lished at length, and the act so revised, or the part or parts 5 thereof so altered or amended, shall be repealed. 1 SEC. 8. On the day of its final adjournment the Legislature 2 shall adjourn at twelve o'clock, at noon. 1 SEC. 9. The Legislature shall not audit or allow any private 2 claim or account against the State, or pass any special law in 3 relation thereto, but may appropriate money to pay such claims 4 as shall have been audited and allowed according to law. 1 SEC. 10. There shall be a court of claims, to consist of three 2 judges, to be appointed on the nomination of the Governor, by 3 and with the advice and consent of the Senate, in which court 4 shall be adjudicated all such claims against the State as the 5 Legislature shall from time to time, by general laws direct. 6 Such claims shall be tried without a jury, but the facts fourd 7 by the court on the proofs shall be stated in each adjudication. 8 In all cases where such claims shall amount to five hundred dol9 lars or more, and be for the value of or damages to real estate, 10 the judges of said court shall, and in all other cases, may view 11 the property in question, and in deciding thereon shall consider 12 their own estimate of such value or damages in connection with 13 the evidence in the case. In all other respects such court shall 14 be governed in its adjudications by the legal rules which have 15 heretofore existed between the State and its citizens, according 16 to the course and practice of the common law as modified by the 17 statutes of this State. The statute of limitations shall prevail 18 in favor of the State the same as in favor of individuals. The 19 jurisdiction of such court shall be exclusive, and its decisions 20 may be reviewed on the law on appeal to the Court of Appeals. 21 The judges of said court shall hold their offices for the term of 22 five years, unless sooner removed according to law, and shall 23 severally receive at stated times for their services a compensation 24 to be established by law, which shall not be increased or dimin25 ished during their continuance in office. 1 SEC. 11. There shall be a solicitor of claims, to be appointed 2 in the same manner as the judges of the court of claims, whose 3 duty it shall be to take charge of the interests of the State in all 4 matters depending before the court of claims. Such solicitor 5 may be removed by the Governor for incompetency or neglect 6 of duty, upon the recommendation of said court, and whenever, 7 in the judgment of the Legislature, the office of solicitor of 8 claims shall be or become unnecessary, they may abolish the 9 same by law. 1 SEC. 12. The Legislature shall not grant any extra compen 2 sation to any public officer, servant, agent or contractor after 3 the service shall have been rendered, or the contract entered into, 4 nor increase or diminish the compensation of any public officer, 5 agent, contractor or servant, except judicial officers, during his 6 time of service. 1 SEC. 13. The Legislature may declare the cases in which any 2 office shall be deemed vacant, when no provision is made for 1 SEC. 8. On the day of its final adjournment the Legislature 2 shall adjourn at twelve o'clock, at noon. 1 SEC. 9. The Legislature shall not audit or allow any private 2 claim or account against the State, or pass any special law in 3 relation thereto, but may appropriate money to pay such claims 4 as shall have been audited and allowed according to law. 1 SEC. 10. There shall be a court of claims, to consist of three 2 judges, to be appointed on the nomination of the Governor, by 3 and with the advice and consent of the Senate, in which court 4 shall be adjudicated all such claims against the State as the 5 Legislature shall from time to time, by general laws direct. 6 Such claims shall be tried without a jury, but the facts fourd 7 by the court on the proofs shall be stated in each adjudication. 8 In all cases where such claims shall amount to five hundred dol. 9 lars or more, and be for the value of or damages to real estate, 10 the judges of said court shall, and in all other cases, may view 11 the property in question, and in deciding thereon shall consider 12 their own estimate of such value or damages in connection with 13 the evidence in the case. In all other respects such court shall 14 be governed in its adjudications by the legal rules which have 15 heretofore existed between the State and its citizens, according 16 to the course and practice of the common law as modified by the 17 statutes of this State. The statute of limitations shall prevail 18 in favor of the State the same as in favor of individuals. The |