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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. 481; laws altering desceut of lands already vested. McCloughry v. Lyon, 9 Cow. 661; 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. $. Sup. Ct.) reversing * N. Y. 87; franchises of a corporation unre. servedly granted. McLaren v. Pennington, 1 Pai. 102; a ferry franchise. Benson v, New York, 10 Barb. 2:23; 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, 2 N. Y. 517; and inchoate dower. Richardson v. Pulver, 63 Barb. 07. 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. B. 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. 1.0; Clark v. Miller, 54 id. 5:28. 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 reservel in the charter. Hyatt v. Whipple, 37 Barb.5:5; as a law rendering stockholders individually liable. Einpire City Bank, 18 N. Y. 199; Ex parte Reciprocity Bank, 22 id. 9. LAWS changing or repealing powers conferred en 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, 3:24. 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. MeCormick 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. 369,

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 ld. 107. An act declaring any evidence prima facie proof. Howard v. Joot, Id. *2; an act regulating business by foreign insurance companies. Pe ple v. Fire Asy'n of Philadelphia, 92 N. Y. 311; a statute repealing a statute allowing merely equitable claim against a county brefore payment. People v. Supervisors, 67 id. 109; 3 Am. Rep. 91; 27 act giving to fire departinents the tax on foreign insurance comadies, Trusiees v. Roome, 93 N. Y. 313; 45 Am. Rep. 217; an act allowing others to use a street railway on making compensation, Sixih Ave. R. Co. v, Kerr, 72 N. Y. 330; a law imposing a tax on foreign corporations. People v. Equit. Trust Co., 90 id. 387; People v. Home Ins. Co., 22 d. 228.

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 inehvate right of dower of the wife of the owner of land so taken is divested by compensation to the husband. Moore v. Mayor.

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. 5:33: Chapman v. Gates, 54 id. 132.

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 free. holders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be ARTICLE I- Continued. benefited. General laws may be passed permitting the owners or occupants of agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and dykes upon the lands of others, under proper restrictions and with just compensation, but no special laws shall be enacted for such purposes. See Matter of Village of Middleton, 82 N. Y. 196.


This mode of assessing damages does not apply to assessments of benefits chargeable on owners whose lands are benefited by a local improvement. People ex rel. Griffin v. Mayor, 4 N. Y. 419.

The "jury" referred to means a body drawn in the ordinary mode, but whose decision may be pronounced by a majority. Cruger v. Hudson R. R. (0., 12 N. Y. 190.

An act providing that such assessors may be appointed by a common council, is unconstitutional. House v. City of Rochester, 15 Barb. 517; so where the common council is empowered to select twelve and draw three for commissioners. Menges v. City of Albany, 56 N. Y. 374; Hilton v. Bender, 69 id. 76.

A statute providing for re-assessment by a jury, when an assessment by commissioners is unsatisfactory, is valid. Clark v. Miller, 42 Barb. 255.

The creation of a new road, which may answer as a substitute for a private way, does not affect the title of the party to the private way. Croupse v. Wemple, 29 N. Y. 540.

Where there has been an assessment in one mode the Legislature may direct a re-assessment in the other. Clark v. Miller, 54 Ñ. Y. 528.

Objection to taking private property can only be raised by the owner. Waterloo Woolen Co. v. Shanahan, 128 N. Y. 345.

Compensation depending on a contingency not valid. Mitchell v. Village of White Plains, 62 Hun, 231.

Act authorizing the common council on its own motion to set aside appraisers' report is invalid. Schneider v. City of Rochester, 8 Misc. 652; affirmed, 90 Hun, 171.

Act authorizing city to acquire property for corporation is valid. Matter of City of Brooklyn, 143 N. Y. 596.

Legislature may prohibit interments in cemetery and cemetery may be sold on notice to lot owners. Went v. Methodist Protestant Church, 80 Hun, 266.

Amendment of 1893 to village laws relating to drawing of jurors, invalid. People ex rel. Eckerston v. Trustees, 151 N. Y. 75.

Freedom of speech and press; criminal prosecutions for libel. - $ 8. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right ; and no law shall be passed to restrain or abridge ARTICLE I- Continued. the liberty of speech or of the press. In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact.

This applies only to criminal prosecutions. George v. Jennings, 4 Hun, 66,

An act prohibiting advertising lotteries is valid. Hart v. People, B Hun, 306.

By-laws of news associations, placing certain restrictions upon its members, held valid. Mathews v. Associated Press, 61 Hun, 199.

The erection and exhibition of statue of deceased may be enjoined. Schuyler v. Curtis, 30 Abb. N. C. 376.

Right to assemble and petition; divorce; lotteries, pool-selling and gambling, laws to prevent.-- $ 9. No law shall be passed abridging the right of the people peaceably to assemble and to petition the government, or any department thereof ; nor shall any divorce be granted otherwise than by due judicial proceedings ; nor shall any lottery or the sale of lottery tickets, pool-selling, book-making, or any other kind of gambling hereafter be authorized or allowed within this state ; and the Legislature shall pass appropriate laws to prevent offenses against any of the provisions of this section.

Payment of prizes in money is not an essential ingredient of a lottery; it is equally a lottery if the prizes are lands and chattels. Governors of Almshouse v. Am. Art Union, 7 N. Y. 228.

The sale of foreign lottery tickets is within the prohibition. Charles v. People, 1 N. Y. 180.

Act making pool selling a felony, held constitutional. People ex rel, Weaver v Van De Carr, 150 X Y. 139.

Act authorizing recovery of sweep stakes at a horse race is invalid. Dudley v. Flushing Jockey Club. 14 Misc. 58.

Act imposing penalty for making bet on horse race valid. People ex rel. Sturgis v. Fallon, 152 N. Y. 1.

The Racing Law (Chap. 570, Laws 1895) is constitutional. People ex rel. Laurence v. Fallon, 152 N. Y. 12.


ARTICLE I— Continued. The sale of prize packages of candy, some containing money, or tickets entitling the purchaser to other property, constitutes a lottery. Hull v. Ruggles, 56 N. Y. 424.

A gift concert " enterprise is a lottery. Negley v. Devlin, 12 Abb. (N. S.) 210.

Any distribution of prizes by chance is a lottery. Rolfe v. Delmar, 7 Rob. 80.

“ Playing policy" is a lottery; Wilkinson v. Gill, 74 N. Y. 63; 30 Am. Rep. 264; but the issue of foreign government bonds with prizes is not; Kohu v. Koehler, 96 N. Y. 362; 48 Am. Rep. 628 A statute may prohibit

the sale of tickets in a lottery in another State and lawful there. People v. Noelke, 94 N. Y. 137; 46 Am. Rep. 128.

Escheats.- $ 10. The people of this State, in their right of sovereignty, are deemed to possess the original and ultimate property in and to all lands within the jurisdiction of the State; and all lands the title to which shall fail, from a defect of heirs, shall revert, or escheat to the people.

The acts of 1833 and 1834 concerning the relinquishment of escheats are constitutional. Englishbee v. Helmuth, 3 N. Y. 294.

Escheats are subject to claims of creditors; Mooers v. White, 6 Johns. Ch. 360; and outstanding life estates; People v. Conklin, 2 Hill, 67; and purchase-money mortgages. Farmers' Loan and Trust Co. v. People, 1 Sandf, Ch. 139.

A trust cannot defeat the right of escheat; as in the case of an alien; Leggett v. Dubois, 5 Pai. 114; nor adverse possession; McCaughal v. Ryan, 27 Barb. 376; nor naturalization by retroactive effect. Heney v. Brooklyn Benev. Soc., 39 N. Y. 333.

Feudal tenures abolished.- $ 11. All feudal tenures of every description, with all their incidents, are declared to be abolished, saving however, all rents and services certain which at any time heretofore have been lawfully created or reserved.

Allodial tenures.- § 12. All lands within this State are declared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners, according to the nature of their respective estates. French grants are not a legal title. Jackson v. Ingraham, 4 Johns.


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