No. 167.

IN CONVENTION

January 17, 1868.

REPORT

OF THE COMMITTEE ON THE POWERS AND DUTIES OF THE LEGISLATURE, EXCEPT AS TO MATTERS OTHERWISE REFERRED, AS AMENDED IN COMMIT TEE OF THE WHOLE, ADOPTED BY THE CONVENTION AND REFERRED TO THE COMMITTEE ON REVISION.

ARTICLE.

1 SECTION 1. The Governor may call special sessions of the 2 Legislature by proclamation, in which shall be stated the particu3 lar object or objects for which they are so called, and no business 4 shall be transacted at any such special session except such as shall 5 be stated in the proclamation calling the same.

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SEC. 2. For any speech or debate, in either house of the 2 Legislature, the members shall not be questioned in any other 3 place.

1 SEC. 3. Any bill may originate in either house of the Legisla2 ture, 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 People 2 of the State of New York, represented in Senate and Assembly, 3 do enact as follows," and no law shall be enacted except by 4 bill.

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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 3 Legislature; and the question upon the final passage shall be 4 taken immediately upon its last reading, and the yeas and nays 5 entered on the journal.

1 SEC. 6. No law shall embrace more than one subject, which 2 subject shall be expressed in its title. But if any subject shall 3 be embraced in an act which shall not be expressed in the title, 4 such act shall be void only as to so much thereof as shall not be 5 expressed in the title.

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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 as altered or amended, shall be re-enacted and 4 published at length.

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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.

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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 consent of the Senate, in which court shall be adju. 4 dicated all claims against the State which the Legislature shall 5 from time to time, by general laws direct. Such claims shall be 6 tried without a jury, but the facts found by the court on the 7 proofs shall be stated in each adjudication. In all contested 8 cases where such claims shall amount to five hundred dollars or 9 more, and be for the value of or damages to real estate, the 10 judges of said court shall, and in all other cases, may view the 11 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 by the rules of law applicable to controversies as 15 between the State and its citizens. The laws of limitation shall 16 prevail in favor of the State the same as in favor of individuals. 17 The jurisdiction of such court shall be exclusive, and its decisions 18 may be reviewed on the law on appeal to the Court of Appeals. 19 The judges of said court shall hold their offices for the term of 20 five years, unless sooner removed according to law, and shall

21 severally receive at stated times for their services a compensation 22 to be established by law, which shall not be diminished during

23 their continuance in office.

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SEC. 11. There shall be a solicitor of claims, to be appointed 2 in the same manner and whose term of office shall be for the 3 same period as the judges of the court of claims, whose duty it 4 shall be to take charge of the interests of the State in all matters 5 depending before the court of claims; and he shall receive for 6 his services, a compensation to be established by law. Such solic 7 itor may be removed by the Governor (for misconduct, incompe8 tency or neglect of duty,) upon the recommendation of said court, 9 and whenever, in the judgment of the Legislature, the office of 10 solicitor of claims shall become unnecessary, they may abolish 11 the same by law.

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SEC. 12. The Legislature shall not grant any extra compen2 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 3 that purpose in this Constitution, and shall provide for filling