shall it extend to any claims duly presented within the time allowed by law, and prosecuted with due diligence from the time of such presentment. But if the claimant shall be under legal disability, the claim may be presented within two years after such disability is removed.' ARTICLE VIII. tions, how SECTION 1. Corporations may be formed under general laws; but shall Corpora not be created by special act, except for municipal purposes, and in cases created. where, in the judgment of the legislature, the objects of the corporation cannot be attained under general laws. All general laws and special acts passed pursuant to this section may be altered from time to time or repealed.' §2. Dues from corporations shall be secured by such individual liability Debts of of the corporators and other means as may be prescribed by law.* corporations. fined. §3. The term corporations as used in this article shall be construed to Corporainclude all associations and joint-stock companies having any of the tions depowers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue and shall be subject to be sued in all courts in like cases as natural persons.* banks and *§ 4. The legislature shall, by general law, conform all charters of sav- Charters ings banks, or institutions for savings, to a uniformity of powers, rights for savings and liabilities, and all charters hereafter granted for such corporations banking shall be made to conform to such general law, and to such amendments purposes. as may be made thereto. And no such corporation shall have any capital stock, nor shall the trustees thereof, or any of them, have any interest whatever, direct or indirect, in the profits of such corporation; and no director or trustee of any such bank or institution shall be interested in any loan or use of any money or property of such bank or institution for savings. The legislature shall have no power to pass any act granting any special charter for banking purposes; but corporations or associations may be formed for such purposes under general laws. § 5. The legislature shall have no power to pass any law sanctioning Specie in any manner, directly or indirectly, the suspension of specie payments, payments. by any person, association or corporation issuing bank notes of any description. bills or § 6. The legislature shall provide by law for the registry of all bills Registry of or notes, issued or put in circulation as money, and shall require ample notes. security for the redemption of the same in specie." responsi § 7. The stockholders in every corporation and joint-stock association Individual for banking purposes issuing bank notes or any kind of paper credits to bility of circulate as money, after the first day of January, one thousand eight stocks. hundred and fifty, shall be individually responsible to the amount of their respective share or shares of stock in any such corporation or association, for all its debts and liabilities of every kind, contracted after the said first day of January, one thousand eight hundred and fifty." of banks, § 8. In case of the insolvency of any bank or banking association, the Insolvency bill-holders thereof shall be entitled to preference in payment, over all preference. other creditors of such bank or association. Legislature to provide § 9. It shall be the duty of the legislature to provide for the organiza- for the intion of cities and incorporated villages, and to restrict their power of corpora taxation, assessment, borrowing money, contracting debts, and loaning 128 How. Pr. R., 353; 31 N. Y., 186; 17 N. Y., 235; 19 N. Y., 116; 13 N. Y., 143; 8 N. Y., 241; id., 317; 99 N. Y., 491. 249 N. Y., 458; 26 N. Y., 467; 26 Barb., 657; 20 Barb., 119; 16 Barb., 188; 15 Barb., 657; 70 N. Y., 327; 27 Hun, 483; 40 Hun, 31. * 36 Hun, 627. 14 Barb., 405, 559; 1 Barb. Ch. R., 547; 6 Paige, 559; 31 Hun, 516; 32 Hun, 317. 544 Hun, 563 27 N Y., 393; 18 N. Y., 199; 24 W., 473; 8 Cow., 387; 39 Barb., 356; 2 Abb. Ct. Ap. Dec., 369; 99 N. Y., 192. • As amended by vote of the people, November 3, 1874. Went into effect January 1, 1875. tion of cities and villages, and to de. fine powers thereof in certain cases. The credit or money of the state not to be given or loaned. Counties, cities, towns and to give &c., credit: Their power to contract debts limited. Common school, literature and United their credit, so as to prevent abuses in assessments, and in contracting debt by such municipal corporations.' *§ 10. Neither the credit nor the money of the state shall be given or loaned to or in aid of any association, corporation or private undertaking. This section shall not, however, prevent the legislature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper. Nor shall it apply to any fund or property now held, or which may hereafter be held by the state for educational purposes.' *1811. No county, city, town or village shall hereafter give any money or property, or loan its money or credit, to or in aid of any individual, association or corporation, or become, directly or indirectly the owner of stock in or bonds of any association or corporation, nor shall any such county, city, town or village be allowed to incur any indebtedness, except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor, as may be authorized by law. No county containing a city of over one hundred thousand inhabitants, or any such city, shall be allowed to become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment-rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such indebtedness; and all indebtedness in excess of such limitation, except such as may now exist, shall be absolutely void, except as herein otherwise provided. No such county or such city whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually contained, or to be contained in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water, but the term of the bonds issued to provide for the supply of water shall not exceed twenty years, and a sinking fund shall be created on the issuing of the said bonds for their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. The amount hereafter to be raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants or any such city of this state, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt.3 ARTICLE IX. SECTION 1. The capital of the common school fund, the capital of the literature fund, and the capital of the United States deposit fund, shall be States de respectively preserved inviolate. The revenue of the said common school positfunds. fund shall be applied to the support of common schools; the revenue of the said literature fund shall be applied to the support of academies, and 1 26 N. Y., 467; 18 N. Y., 38; 15 N. Y., 297, 532; 5 Hill, 121; 55 N. Y., 50; 24 Barb., 446; 10 Wend., 547; 5 Hun, 485; 29 Hun, 391; 82 N. Y., 621; 90 N. Y., 68; 93 N. Y., 313. 2 96 N. Y., 137. 3 76 N. Y., 475; 5 Hun, 475; 39 Hun, 370; 40 Hun, 190; 96 N. Y., 432; 99 N. Y., 586; 101 N. Y., 490; 102 N. Y., 313. Section 10 and 11 added by vote of the people, Nov. 3, 1874. † Section 11 thus amended by vote of the people, Nov. 4, 1884. Went into effect Jan. 1, 1875. Went into effect Jan 1, 1885. the sum of twenty-five thousand dollars of the revenues of the United States deposit fund shall each year be appropriated to and made part of the capital of the said common school fund." ARTICLE X. clerks of and clerk and district SECTION 1. Sheriffs, clerks of counties, including the register and Sheriffs, clerk of the city and county of New York, coroners, and district attor- counties, neys, shall be chosen, by the electors of the respective counties, once in register every three years and as often as vacancies shall happen. Sheriffs shall of N. York, hold no other office, and be ineligible for the next three years after the coroners termination of their offices. They may be required by law to renew their attorneyssecurity, from time to time; and in default of giving such new security, may their offices shall be deemed vacant. But the county shall never be made remove. responsible for the acts of the sheriff. The governor may remove any officer, in this section mentioned, within the term for which he shall have been elected; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defence." governor how chosen § 2. All county officers whose election or appointment is not provided Officers, for, by this constitution, shall be elected by the electors of the respective or ap counties or appointed by the boards of supervisors, or other county pointed authorities, as the legislature shall direct. All city, town, and village officers, whose election or appointment is not provided for by this constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the legislature shall designate for that purpose. All other officers, whose election or appointment is not provided for by this constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the legislature may direct." of office. §3. When the duration of any office is not provided by this constitu- Duration tion, it may be declared by law, and if not so declared, such office shall be held during the pleasure of the authority making the appointment.* § 4. The time of electing all officers named in this article shall be pre- Time of scribed by law. election. how filled. § 5. The legislature shall provide for filling vacancies in office, and in Vacancies case of elective officers, no person appointed to fill a vacancy shall hold in i his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy." §6. The political year and legislative term shall begin on the first day Political of January, and the legislature shall, every year, assemble on the first year. Tuesday in January, unless a different day shall be appointed by law. § 7. Provision shall be made by law for the removal for misconduct or Removal malversation in office of all officers (except judicial) whose powers and from office. duties are not local or legislative, and who shall be elected at general elections, and also for supplying vacancies created by such removal." office § 8. The legislature may declare the cases in which any office shall be When deemed vacant when no provision is made for that purpose in this con- deemed stitution.' vacant. tion of *§ 9. No officer whose salary is fixed by the constitution shall receive Compensaany additional compensation. Each of the other state officers named in certain 142 N. Y., 310; 13 Barb., 400; 40 How. Pr. R.,252. 22 Wend., 266; 11 Wend., 511; 29 Hun, 175; 102 N. Y., 441. 355 N. Y., 50; 52 N. Y., 83, 374; 50 N. Y., 459; 41 N. Y., 135; 37 N. Y., 428; 32 N. Y., 377; 15 N. Y., 452 N. Y., 83; 46 N. Y., 61; 34 N. Y., 398; 30 Hun, 438; 92 N. Y., 191; 94 N. Y., 591. $46 N. Y., 57; 45 N. Y., 816; 24 Wend., 215; 18 Hun, 311; 78 N. Y., 356; 40 Hun, 364; 102 N. Y., 439. 45 N. Y., 816. 745 N. Y., 816. * Section 9 added by vote of the people, November 3, 1874. Went into effect January 1, 1875. officers. Militia. Manner of militia officers. the constitution shall, during his continuance in office, receive a compensation, to be fixed by law, which shall not be increased or diminished during the term for which he shall have been elected or appointed; nor shall he receive to his use, any fees or perquisites of office or other compensation.' ARTICLE XI. SECTION 1. The militia of this state shall, at all times hereafter, be armed and disciplined and in readiness for service; but all such inhabitants of this state of any religious denomination whatever as from scruples of conscience may be averse to bearing arms, shall be excused therefrom upon such conditions as shall be prescribed by law. 2 § 2. Militia officers shall be chosen, or appointed, as follows: Captains, choosing or subalterns, and non-commissioned officers shall be chosen by the written appointing votes of the members of their respective companies. Field officers of regiments and separate battalions by the written votes of the commissioned officers of the respective regiments and separate battalions; brigadier-generals and brigade inspectors by the field officers of their respective brigades; major-generals, brigadier-generals and commanding officers of regiments or separate battalions, shall appoint the staff officers to their respective divisions, brigades, regiments or separate battalions.' § 3. The governor shall nominate, and with the consent of the senate, appoint all major-generals and the commissary-general. The adjutantgeneral and other chiefs of staff departments, and the aids-de-camp of the commander-in-chief, shall be appointed by the governor, and their commissions shall expire with the time for which the governor shall have been elected. The commissary-general shall hold his office for two years. He shall give security for the faithful execution of the duties of his office in such manner and amount as shall be prescribed by law.* Officers to ed by gov: gov. ernor and senate. Commis sary gen eral. Election of § 4. The legislature shall, by law, direct the time and manner of electmilitia off- ing militia officers, and of certifying their elections to the governor. cers. Officers, how commissioned. § 5. The commissioned officers of the militia shall be commissioned by the governor; and no commissioned officer shall be removed from office, unless by the senate on the recommendation of the governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial, pursuant to law. The present officers of the militia shall hold their commissions subject to removal, as before provided. Election of § 6. In case the mode of election and appointment of militia officers hereby directed, shall not be found conductive to the improvement of the militia, the legislature may abolish the same, and provide by law for their appointment and removal, if two-thirds of the members present in each house shall concur therein. militia offi cers may be abolished. Oath of *ARTICLE XII. SECTION 1. Members of the legislature (and all officers, executive and judicial, except such inferior officers as shall be by law exempted), shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) office pre- that I will support the constitution of the United States, and the constitution of the state of New York, and that I will faithfully discharge the duties of the office of , according to the best of my ability;" and all such officers who shall have been chosen at any election shall, before they enter on the duties of their respective offices, take and sub scribed. 1 98 N. Y., 593. 250 N. Y., 280; 45 N. Y., 814; 6 Lans., 44. 340 N. Y., 114. 440 N. Y., 114; 53 Barb., 13. * As amended by vote of the people, November 3, 1874. Went into effect January 1, 1875. scribe the oath or affirmation above prescribed, together with the following addition thereto, as part thereof: "And I do further solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed, or offered or promised to contribute, any money or other valuable thing as a consideration or reward for the giving or withholding a vote at the election at which I was elected to said office, and have not made any promise to influence the giving or withholding any such vote," and no other oath, declaration or test, shall be required as a qualification for any office of public trust.' ARTICLE XIII. SECTION 1, Any amendment or amendments to this constitution Amend. may ments. be proposed in the senate and assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals with the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election of senators, and shall be published for three months previous to the time of making such choice, and if in the legislature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the legislature, voting thereon, such amendment or amendments shall become part of the constitution. conven * § 2. At the general election to be held in the year eighteen hundred Future and sixty-six, and in each twentieth year thereafter, and also at such tions, how time as the legislature may by law provide, the question, "Shall there called. be a convention to revise the constitution, and amend the same?" shall be decided by the electors qualified to vote for members of the legislature; and in case a majority of the electors so qualified, voting at such election, shall decide in favor of a convention for such purpose, the legislature at its next session shall provide by law for the election of delegates to such convention.' ARTICLE XIV. term of and mem SECTION 1. The first election of senators and members of the assembly, Election, pursuant to the provisions of this constitution, shall be held on the office of Tuesday succeeding the first Monday of November, one thousand eight senators hundred and forty-seven. The senators and members of assembly who bers of asmay be in office on the first day of January, one thousand eight hundred sembly. and forty-seven, shall hold their offices until and including the thirtyfirst day of December following, and no longer. tion of gov. governor, § 2. The first election of governor and lieutenant-governor under this First elecconstitution shall be held on the Tuesday succeeding the first Monday ernor and of November, one thousand eight hundred and forty-eight; and the lieutenantgovernor and lieutenant-governor in office when this constitution shall when. take effect, shall hold their respective offices until and including the thirty-first day of December of that year. cers, and §3. The secretary of state, comptroller, treasurer, attorney-general, State offi district-attorneys, surveyor-general, canal commissioners and inspectors others, to 137 Han, 44. 239 N. Y., 426. * A convention, held in 1867, pursuant to this provision, proposed a new constitution, which was voted upon in parts, in November, 1869, and rejected, except article six (sections 1 to 27 inclusive). |