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No. 130.

IN CONVENTION

September 3, 1867.

REPORT

OF THE COMMITTEE ON THE POWERS AND DUTIES

OF THE LEGISLATURE EXCEPT AS OTHERWISE REFERRED, AS FAR AS COMPLETED IN COMMIT. TEE OF THE WHOLE.

Amendments generally being in order, the question pending is on the adoption of section 23.

LUTHER CALDWELL,

Secretary.

ARTICLE

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.

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15 In any case for which provision has been made by any existing 16 general law.

17 And the Legislature shall pass general laws providing for 18 the cases enumerated in this section, and for all other cases where

19 a general law can be made applicable.

1 Sec. 8. On the day of its final adjournment the 2 Legislature shall adjourn at twelve o'clock, at noon.

1

Sec. 9. The Legislature shall not appropriate, lend

This section was referred to the Committee

2 or give any of the money or property of the State to on Chari

ties.

3 or for any charitable institution, purpose or object,

4 except such as have been or shall be established by and

5 be owned and controlled solely by the State, except

6 the following: the New York institution for the blind;

7 the New York State institution for the blind;

the

8 society for the reformation of juvenile delinquents in

9 New York; the New York institution for the deaf and

10 dumb.

1

Sec. 10. The Legislature shall not give, lend or Referred to 2 appropriate any of the money of the State in any manner

Committee on Finance

3 to or for the use of any person, body of persons, associa

4 tion or corporation, except such appropriations as ale

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1

Sec. 11. The credit of the State shall not in any Referred to

Committee on Finance.

2 manner, nor for any purpose, be given or lent to any

3 person, body of persons, association or corporation,

4 nor shall the State take or be interested in any stock of

5 any company or corporation, except in payment of or 6 as security for a debt previously due the State.

1

SEC. 12. 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. 13. 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 found

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 sball, 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 sball 23 severally receive at stated times for their services a compensation 24 to be established by law, which shall not be increased or dimin

25 ished during their continuance in office.

1

Sec. 14. 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. 15. 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, excepit judicial officers, during his

6 time of service.

1

Sec. 16. The Legislature shall not sell, lease, or Referred to

Committee of the

2 otherwise dispose of any of the canals or salt springs Whole on 3 of the State, but they shall remain the property of the Springst

Canals, and
Select Com.

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