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. Co., 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. Crounse 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 N. 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, 26 Hun, 396.

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 N. Y. 439.

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.

Agift 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. 163.

ARTICLE I-Continued.

The title to lands under water is in the people. Gould v. Hudson R. R. R. Co., 6 N. Y. 522.

Right over navigable rivers and the land thereunder held by the State in trust for the people. Saunder v. N. Y. C. & H. R. R. R. Co.. 71 Hun, 153. See, also, 146 U. S. 387.

Title to land under water, including shore to high-water mark, is in the people. Howell v. Jessup, 160 N. Y. 256. See, also, Cone v. State, 146 N. Y. 406.

Leases of agricultural lands.- § 13. No lease or grant of agricultural land, for a longer period than twelve years, hereafter made, in which shall be reserved any rent or service of any kind, shall be valid.

A lease of agricultural lands for twelve years, with covenants for renewals, is void as to the renewals, but good for the original term. Hart v. Hart, 22 Barb. 606.

Two simultaneous leases of same lands, one for eight and the other for twelve years, both void. Clark v. Barnes, 76 N. Y. 301; 33 Am. Rep. 306.

In consideration of a covenant to support the plaintiff for life, she conveyed her real estate for life, and certain personal estate, and covenanted to devise a parcel of land; held not a lease within this provision. Stephens v. Reynolds, 6 N. Y. 454.

In order to render a lease void under this provision, there must be a reservation of a periodical rent as compensation for the estate granted; a grant for life or lives, upon a good consideration, payable at once or in installments, not by way of rent, is valid. Parsell v. Stryker. 41 N. Y. 480.

A lease of agricultural lands for longer than twelve years is void, although for other than agricultural purposes, unless there is a restriction as to their use in the lease. Odell v. Durant, 62 N. Y. 524.

Fines and quarter-sales abolished.— § 14. All fines, quarter-sales, or other like restraints upon alienation, reserved in any grant of land hereafter to be made, shall be void.

A condition of quarter sale in a lease in fee is void. De Puyster v. Michael, 6 N. Y. 467.

Purchase of lands of Indians.-§ 15. No purchase or contract for the sale of lands in this State, made since the fourteenth day of October, one thousand seven hundred and seventy-five; or which may hereafter be made, of, or with the Indians, shall be

ARTICLE I- Continued.

valid, unless made under the authority, and with the consent of the Legislature.

This provision applies to a purchase from a single Indian. Goodell v. Jackson, 20 Johns. 693.

Common law and acts of the colonial and State Legislatures.- § 16. Such parts of the common law, and of the acts of the Legislature of the colony of New York, as together did form the law of the said colony, on the nineteenth day of April, one thousand seven hundred and seventy-five, and the resolutions of the Congress of the said colony, and of the convention of the State of New York, in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered; and such acts of the Legislature of this State as are now in force, shall be and continue the law of this State, subject to such alterations as the Legislature shall make concerning the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this Constitution, are hereby abrogated.

So much only of the common law was in force here as was applicable to our circumstances and conditions; Myers v. Gemmel, 10 Barb. 537; thus, the doctrine of easements in light and air never prevailed here.

The statute law of the mother country, when introduced by consent into the colony, became part of the common law. Bogardus v. Trinity Church, 4 Pai. 178, 198.

The English law of charitable uses is no part of the law of this State. Holland v. Alcock, 108 N. Y. 312; 2 Am. St. Rep. 240.

Grants of land made by the king of Great Britain since 1775; prior grants.-§ 17. All grants of land within this State, made by the king of Great Britain, or persons acting under his authority, after the four