ARTICLE I- Continued.

Law depriving owner of beneficial use of property without legal process is invalid. Forster v. Scott, 136 N. Y. 577.

A statute to validate irregular sales of land by confirming title in one who had heretofore acquired no title is invalid. Cromwell v. MacLean, 123 N. Y. 474.

Act authorizing termination of trust in personal property, valid. Matter of Heinz, 20 Mise. 371.

Section 688 of Penal Code relating to second offenses is not unconstitutional. People v. Sickles, 156 N. Y. 541.

Anti-scalping law, forbidding certain persons from dealing in passenger tickets, unconstitutional. People ex rel. Tyroler v. Warden, 157 N. Y. 116.

Commissioner appointed by foreign state to take depositions cannot commit witness to jail. People ex rel. McDonald v. Leubischer, 34 App. Div. 577.

Turnpike company having once received authority cannot be deprived of right to collect toll from bicycles. Rochester, etc., Co., v. Joel, 41 App. Div. 43.

Act declaring what shall be deemed adulterated milk, invalid. People v. Cipperly, 37 Hun, 319.

Game law valid. Phelps v. Racey, 60 N. Y. 10; 10 Am. Rep. 140. Destruction of fish-nets found in waters in violation of game law. Lawton v. Steele, 6 N. Y. Supp. 15.

Trial by jury not always essential to due process. Matter of Curry, 25 Hun, 321.

Tenement house cigar act invalid. Matter of Jacobs, 98 N. Y. 98; 50 Am. Rep. 636.

Act regulating height of buildings, valid. People ex rel. Kemp v. D'Oeuch, 111 N. Y. 359. So act prohibiting sale or bringing of any milk diluted with water or adulterated to a butter or cheese manufactory to be manufactured, is valid. People v. West, 106 N. Y. 293. Oleomargarine act invalid. People v. Marx, 90 N. Y. 377; 52 Am. Rep. 34.

Civil damage act invalid. Bertholf v. O'Reilly, 74 N. Y. 509; 30 Am. Rep. 323.

Summary abatement of nuisances by board of health not unconstitutional. Lawton v. Steele, 119 N. Y. 227; Cartwright v. City of Cohoes, 39 App. Div. 69.

City may sell lands acquired by condemnation proceedings when such lands are no longer necessary. Matter of City of Rochester, 137 N. Y. 243.

Statute nullifying judgment is unconstitutional. Gilmen v. Tucker, 128 N. Y. 190.

TAKING PRIVATE PROPERTY.-The Legislature may prohibit a use of private property which violates the duty the owner owes to his neighFor or to the State. Prentice v. Weston, 111 N. Y. 460. This does not include taxation. People ex rel. Griffin v. Mayor of Brooklyn, 4 N. Y. 419; Brewster v. City of Syracuse, 19 id. 216. But it includes prospective profits on a State contract. Danolds v. State, 89 N. Y. 36.

It belongs to the Legislature and not to the courts to determine whether the public benefit will justify the taking of private prop erty for public use. Beekman v. Saratoga & S. R. R. Co., 3 Pai. 45; Harris v. Thompson, 9 Barb. 350: Bloodgood v. Mohawk & Hudson R. Co., 18 Wend. 9; Buffalo & N. Y. R. R. Co. v. Brainard, 9 N. Y. 100; People v. Smith, 21 id. 595; Ex parte Townsend, 39 id. 171; Dean Street, 53 id. 60; and how much or what interest shall be taken, Brooklyn Park Comm'rs v. Armstrong, 45 N. Y. 234.

ARTICLE I- Continued.

But the question whether the purpose is public or private is a judicial one, to be determined by the courts; the grant by the Legislature of the right to take is not conclusive evidence that the use is a public one; so the provisions authorizing the taking of land for a rural cemetery association by proceeding in invitum is unconstitutional. Matter of Dansville Cemetery Ass'n, 66 N. Y, 569.

The exercise of the right of eminent domain does not impair the validity of contracts. Lansing v. Smith, 4 Wend. 9.

The right may be exercised for the benefit and at the expense of a few. Owners v. Albany, 15 Wend. 374; through the instrumentality of a foreign or other corporation. Ex parte Townsend, 39 N. Y. 171; Bloomfield v. Natural Gas-light Co., 63 Barb. 437.

The national government may apply to condemn lands. Matter of U. S., 96 N. Y. 227.

Owner entitled to notice and hearing. Stuart v. Palmer, 74 N. Y. 183; 30 Am. Rep. 289; but Legislature may dictate manner and procedure: Matter of Mayor, 90 N. Y. 569; Matter of Livingston Street, 82 id. 221; but the court may not be directed to appoint commissioners from a list submitted by a common council. Menges v. City of Albany, 56 id. 374.

The permission to take private property for public use implies that it shall not be taken for any other use. Private property cannot be taken for private use. Cochran v. Van Surlay, 20 Wend. 365; Embury v. Connor, 3 N. Y. 511; Powers v. Bergen, 6 id. 358; even where compensation is made. Varick v. Smith, 5 Pai. 137; Taylor v. Porter, 4 Hill, 140; nor partly for public and partly for private use. Matter of Albany Street, 11 Wend. 148; nor where not necessary. Id. Property whose abuse engenders mischief is protected. Wynehamer v. People, 13 N. Y. 378; for example, intoxicating liquors But to entitle the owner to compensation there must be an actual taking of private property; mere consequential damage does not give the right to compensation. Lansing v Smith, 4 Wend. 9: Matter of Hamilton Avenue, 14 Barb. 405; Swett v. City of Troy, 62 id. 630; People v. Supervisors of Oneida, 19 Wend. 102; Radcliff v. Mayor of Brooklyn, 4 N. Y. 195; relaying a railroad track is not a “taking." Hentz v. L. I. R. Co., 13 Barb. 646; but an easement is such a "taking." People v. Haines, 49 N. Y. 587; so is the laying of an elevated railway in a street, although the fee is in the public. Story v. N. Y. El. Ry. Co., 90 N. Y. 122; S. C., 43 Am. Rep. 146; so the conversion of a city reservoir into a public park; Webb v. Mayor, 64 How. Pr. 10; so the erection of telegraph poles; Tiffany v. U. S. Illum. Co., 67 id. 73.

The citizen is not entitled to compensation where a public way to his property is closed, provided another is left. Fearing v. Irwin, 55 N. Y. 486.

A law providing that when a plank road is surrendered the land shall revert to the town, is valid as to land to which the road got absolute title. Heath v. Barmore, 50 N. Y. 302.

A law declaring a private stream, on which riparian owners have vested interests, a public highway, without providing compensation to the owners, is void. Morgan v. King, 35 N. Y. 454.

The lien of a judgment, not ripened into title, may be superseded by the exercise of the right of eminent domain, upon compensation. Watson v. N. Y. Cent. R. R. Co., 47 N. Y. 157.

A reversionary interest cannot be acquired without compensation. Matter of N. Y. Cent., etc., R. R. Co., 60 N. Y. 116.

ARTICLE I- Continued.

The State may appropriate the Indian lands for public use upon compensation; Wadsworth v. Buffalo Hydraulic Association, 15 Barb. 83; may authorize the laying of railroads in highways or streets; Buffalo & N. Y. City R. Co. v. Brainard, 9 N. Y. 100; or the taking of the franchises of a corporation; Ex parte Kerr, 42 Barb. 119; or the appropriation of any stream; Partridge v. Eaton, 3 Hun, 533; or the pasturing of cattle, etc., on highways. Hardenburgh v. Lockwood, 25 Barb. 9; or the drainage of lands. Matter of Ryers, 72 N. Y. 1; S. C., 28 Am. Rep. 88.

An act prohibiting a second railway in a street without consent of the first is valid. Matter of Thirty-fourth Street R. Co., 37 Hun, 442. An act vacating a street and vesting the soil in the corporation is unconstitutional; John Street, 19 Wend. 659; nor can the Legislature reduce the width of a road and vest the surplus in the former owner who had already received compensation; People v. Commissioners of Palatine, 53 Barb. 70.

When lands are taken for public use, the public acquires absolute title, divested of dower; Moore v. New York, 8 N. Y. 110; and of reversion; Rexford v. Knight, 11 id. 308: but not where an easement only was acquired; Heard v. City of Brooklyn, 60 id. 242; and may divert them to other purposes; Heyward v. New York, 7 id. 319; Heath v. Barmore, 50 id. 302.

Where a law provides adequate means for obtaining compensation, it need not be actually paid before appropriatlon. Rider v. Stryker, 63 N. Y. 137; Patten v. N. Y. El. Ry. Co., 3 Abb. N. C. 3Cô; Matter of U. S., 46 N. Y. 227; Matter of Mayor, 99 id. 569.

But the owner may not be remitted to a tax fund for compensa. tion. Sage v. City of Brooklyn, 89 N. Y. 189; Matter of Church, 92 id. 1.

The power may not be exercised by a private corporation. Dusenbury v. Mut. Teleg. Co., 11 Abb. N. Č. 440.

By the Federal Constitution, art. 1, § 10, subd. 1, no State can pass any ex post facto law, or law impairing the obligation of contracts. EX POST FACTO LAWS.-This provision has no application to laws relating exclusively to private rights; Southwick v. Southwick, 49 N. Y. 510; and applies only to crimes and punishments; Dash v. Van Kleeck, 7 Johns. 477.

WHAT LAWS ARE EX POST FACTO.- A law increasing the punishment denounced against an act when committed, or changing the punishment without lessening it; Shepherd v. People, 25 N. Y. 406; Hartung v. People, 26 id. 127; an act imposing upon electors a test oath as to past conduct; Green v. Shumway, 39 id. 418.

An act forbidding suit on insurance policies by a home company if assured die in a State imposing certain restrictions on companies of this State. Hamilton v. Knick. Life Ins. Co., N. Y. Daily Reg., Dec. 15, 1882.

WHAT LAWS ARE NOT EX POST FACTO.- Those changing the rules of evidence of the details of a criminal trial; People v. Stokes, 53 N. Y. 164; a law granting peremptory challenges to the people; Walter v. People, 32 id. 147; an act of Congress providing that deserters from military service, who shall refuse to return to service within a specified time, shall forfeit their citizenship; Gotchens v. Matheson, 58 Barb. 152; a law increasing punishment; People v. Raymond, 32 Hun, 123.

Saving clause of excise law of 1892 not ex post facto; People v. Maxwell, 83 Hun, 157.

ARTICLE I- Continued.

The former law cannot be revived as to persons who meantime have obtained an adjudication in their favor. Hartung v. People, supra.

LAWS IMPAIRING OBLIGATION OF CONTRACTS, WHAT ARE.- Laws divesting vested rights in property. Benson v. Mayor of New York, 10 Barb. 223; whether by State grant. People v. Platt, 17 Johns. 195; People ex rel. Fountain v. Supervisors of Westchester, 4 Barb. 64; or by private conveyance. Van Rensselaer v. Ball, 19 N. Y. 100; laws affecting marital rights already acquired in property. White v. White, 5 Barb. 474; Lawrence v. Miller, 2 N. Y. 245; laws extending time for redemption from tax sale where purchaser has already got title. Dikeman v. Dikeman, 11 Pai. 484; laws altering descent of lands already vested. McCloughry v. Lyon, 9 Cow. 664; where a grant to one bridge company prohibits the erection of another bridge within a certain distance, a subsequent grant to another company. Chenango Bridge Co, v. Binghamton Bridge Co., 3 Wall (U. S. Sup. Ct.) reversing 27 N. Y. 87; franchises of a corporation unreservedly granted. McLaren v. Pennington, 1 Pai. 102; a ferry franchise. Benson v. New York, 10 Barb. 223; insolvent laws in their retrospective action. Roosevelt v. Cebra, 17 Johns. 108; an act releasing a city on stolen bonds in hands of a bona fide holder upon issuing duplicates to the original owner. People v. Otis, 90 N. Y. 48.

WHAT ARE NOT.- See Matter of Buffalo, etc., R. Co., 111 N. Y. 132. Laws affecting prospective marital rights, as courtesy. Thurber v. Townsend, 22 N. Y. 517; and inchoate dower. Richardson v. Pulver, 63 Barb. 67. Game laws. Phelps v. Racey, 60 N. Y. 10. Statutes exempting property from taxation. People v. Roper, 35 id. 629; People v. Commrs., 47 id. 501. Laws substituting a salary for fees of a public officer. Conner v. New York, 5 id. 285; or taking away such compensation entirely. Conner v. New York, 5 id. 285. A law repealing a clause in the charter of a bridge company prohibiting the erection of another bridge within a certain distance. Fort Plain Bridge Co. v. Smith, 30 id. 44. A statute directing the review of a municipal assessment declared by the original act to be final and conclusive. Widening of Broadway, 49 id. 10; Clark v. Miller, 54 id. 528. A license to sell liquor. Board of Excise v. Barry, 34 id. 654. Laws modifying privileges of a corporation where the right to amend was reserved in the charter. Hyatt v. Whipple, 37 Barb. 55; as a law rendering stockholders individually liable. Empire_City Bank, 18 N. Y. 199; Ex parte Reciprocity Bank, 22 id. 9. Laws changing or repealing powers conferred on municipal corporations. People v. Morris, 13 Wend. 325; Darlington v. New York, 31 N. Y. 164. Laws merely affecting the remedy. Ex parte Palmer, 40 id. 561; even if a remedy is taken away. Lennon v. New York, 55 id. 361; as exemption laws. Morse v. Gould, 11 id. 281; laws abolishing distress for rents. Van Rensselaer v. Snyder, 13 id. 299; or a future right of appeal. Grover v. Coon, 1 id. 536; People v. Fowler, 55 id, 675; a reasonable statute of limitations. Rexford v. Knight, 11 id. 308; an act reducing the time to redeem a mortgage sale. Butler v. Palmer, 1 Hill, 824. Mechanics' lien laws. Hauptman v. Catlin, 20 N. Y. 247. An act reviving proceedings against personal representatives of deceased assignees. Ex parte Grove, 53 N. Y. 645. Insolvent laws as to prospective action. Mather v. Bush, 16 Johns. 233. National bankrupt laws. McCormick v. Pickering, 4 N. Y. 276. The exercise of the right of eminent domain. Lansing v. Smith, 4 Wend. 9. The civil damage act. Bertholf v. O'Reilly, 18 Alb. L. Jour. 389.

ARTICLE I-Continued.

An act repealing a tax exemption. People ex rel. Davies v. Comm'rs 47 N. Y. 501. An act suspending public work and thus involving a breach of contract with a citizen. Lord v. Thomas, 64 Id. 107. An act declaring any evidence prima facie proof. Howard v. Moot, Id. 32; an act regulating business by foreign insurance companies. People v. Fire Ass'n of Philadelphia, 92 N. Y. 311; a statute repealing a statute allowing merely equitable claim against a county before payment. People v. Supervisors, 67 id. 109; 23 Am. Rep. 94; an act giving to fire departments the tax on foreign insurance companies. Trustees v. Roome, 93 N. Y. 313; 45 Am. Rep. 217; an act allowing others to use a street railway on making compensation. Sixth Ave. R. Co. v. Kerr, 72 N. Y. 330; a law imposing a tax on foreign corporations. People v. Equit. Trust Co., 96 id. 387; People v. Home Ins. Co., 92 id. 328.

COMPENSATION.- Benefit to the adjacent land of an owner whose land is taken for a public use is compensation, within this provision, and may equalize the damage. Betts v. Williamsburgh, 15 Barb. 255. The inchoate right of dower of the wife of the owner of land so taken is divested by compensation to the husband. Moore v. Mayor. 8 N. Y. 110.

A statute deferring the payment of the compensation until it can be raised by tax is constitutional. Hammersly v. Mayor, 56 N. Y. 533: Chapman v. Gates, 54 id. 182.

Payment into court under the general railroad act, when there are adverse claims to the compensation, is valid. Matter of N. Y. C. & H. R. R R. Co., 60 N. Y. 116.

The clause, " be deprived of life, liberty or property without due process of law," is to have a large and liberal interpretation. People v. King, 110 N. Y. 423.

A street railroad franchise is "property" in the highest sense of the term, and not a mere license or privilege revokable at the will of the State. People v. O'Brien, 111 N. Y. 40, 41.

Compensation for taking private property; private roads; drainage of agricultural lands.- § 7. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be