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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.

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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 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 dimin

25 ished during their continuance in office.

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, except judicial officers, during his

6 time of service.

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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 Springs

Canals, and
Select Com.

4 State and under its management forever. The aggre

5 gate quantity of land now connected with the salt

6 springs shall not be diminished.

Referred to Committee on Educa. tion.

1 SEC. 17. The Legislature shall provide by law for 2 making all the common schools in this State free, and

3 requiring all children in the State to be educated.

1 Sec. 18. 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

4 vacancies in office, and in case of elective offices, any person

5 appointed to fill a vacancy shall hold the office till a successor

6 shall be chosen at the ensuing clection, and duly qualified

7 according to law.

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Sec. 19. Provision shall be made by law for the removal, for 2 misconduct or malversation in oslice, of all officers (except judi

3 cial), whose powers and duties are not local or legislative, and 4 who shall be elected at general elections, and also for supplying 5 vacancies created by such removal.

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Sec. 20. When the duration of the term of any office is not

2 provided for by this Constitution, it may be declared by law, 3 and if not so declared such office shall be held during the pleas4 ure of the authority making the appointment.

1 SEC. 21. The Legislature shall not exempt any Committee

on Finance.

2 property from taxation except churches, burial grounds, 3 and that of free colleges and incorporated academies,

4 and of all common or public schools organized pursu

5 ant to the laws of this State and subject to the super

6 vision of the Superintendent of Public Instruction.

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Sec. 22. The political year and Legislative term shall com

2 mence on the first day of January.

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SEC. 23. No railroad shall hereafter be constructed This section

pending

Sept. 3d. 2 or operated within any of the cities or incorporated

3 villages of this State, until the consent of the local

4 authorities of such village or city shall be first obtained

5 for that purpose, and also the consent of the owners of

6 at least one-half in value of the property on the line

7 of the streets through or over which the same shall be

8 constructed, be previously had and obtained for that

9 purpose; or in case the consent of such property 10 owners be not obtained, then with the consent of the

11 general term of the Supreme Court of the district in

12 which such road shall be located to be first obtained;

13 such consent to be obtained and authenticated in such

14 manner as the Legislature shall by general law for that

15 purpose provide. The franchise allowing such railroad

16 to be operated, shall be sold at public auction to the

To the President of the Constitutional Convention of the State of New

York:

In compliance with a resolution adopted by the Constitutional Convention on the 20th of September, 1867, the Metropolitan Board of Excise of the Metropolitan Police District of the State of New York, excepiting and excluding the county of Westchester, respectfully submits the following report : 1st. The number of licenses granted by the Board

of Excise, from its organization, April 20th,
1866, to Nov. Stlı, 1867,

13,583 2d. The gross amount received for such licenses, ... $2,555,658 00 31. The number of complaints preferred against such

licensees, during the same period, by the po-
lice,

1,457 4th. The number of complaints preferred against

such licensees, by persons other than police-
men, during the same period,

77 5th. The number of licenses revoked during the same period,.....

184 6th. The number of complaints dismissed, after hearing evidence, ....

253
The number of complaints dismissed,
without hearing evidence,

20
And number of complaints not officially
acted upon by the Board,

1,077

1,350 A large majority of the complaints noted above as preferred against licensees by the police, originated from complaints made by citizens at the police stations and at this office, which were referred to the Police Deparıment for investigation. If, upon examination, a complaint proved to be well founded, the policeman would make a new complaint, upon which the Board could formally act.

Respectfully submitted, by order of the Metropolitan Board of Excise.

JACKSON S. SCHULTZ, President EMMONS CLARK, Secretary.

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