void. affected. seventy-five, shall be null and void; but nothing contained in Britain, this constitution shall affect any grants of land within this Certain state, made by the authority of the said king, or his prede- rights not cessors, or shall annul any charters to bodies politic and corporate, by him or them made, before that day; or shall affect any such grants or charters since made by this state, or by persons acting under its authority, or shall impair the obligation of any debts contracted by this state, or individuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice. 10 B., 120; 9 N. Y., 349. ARTICLE II. tion of Every male citizen of the age of twenty-one years, who qualifica shall have been a citizen for ten days, and an inhabitant of electors. this state one year next preceding any election, and for the last four months a resident of the county where he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elected by the people; but such citizens shall have been for thirty days next preceding the election, a resident of the district from which the officer is to be chosen for whom he offers his vote. But no man of color, unless he shall have Freehold been for three years a citizen of this state, and for one year of color. next preceding any election shall have been seized and possessed of a freehold estate of the value of two hundred and fifty dollars, over and above all debts and incumbrances charged thereon, and shall have been actually rated and paid a tax thereon, shall be entitled to vote at such election. And no person of color shall be subject to direct taxation unless he shall be seized and possessed of such real estate as aforesaid. SECTION 2. Laws may be passed excluding from the right of suffrage all persons who have been or may be convicted of bribery, larceny, or of any infamous crime; and for depriving every person who shall make, or become directly or indirectly interested in any bet or wager depending upon the result of any election, from the right to vote at such election. SECTION 3. for persona of voters. For the purpose of voting, no person shall be deemed to have Residence gained or lost a residence, by reason of his presence or absence, while employed in the service of the United States; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any alms-house, or Proofs of right to vote. Ballot. other asylum, at public expense; nor while confined in any public prison. SECTION 4. Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established. SECTION 5. All elections by the citizens shall be by ballot, except for such town officers as may by law be directed to be otherwise chosen. ARTICLE III. SECTION 1. Legislature. Senate, number of. Assembly, number of. Senatorial districts. No. 1. No. 2. No. 3. 4. 5. 6. No. 7. No. 8. The legislative power of this state shall be vested in a senate and assembly. 18 W, 9; 21 W., 563; 1 H., 324; 5 H., 121; 15 B., 112, 122; 23 B., 355, 33; 8 N. Y., 488; 10 N. Y., 374; 12 N. Y., 541; 19 N. Y., 445. SECTION 2. The senate shall consist of thirty-two members, and the senators shall be chosen for two years. The assembly shall consist of one hundred and twenty-eight members, who shall be annually elected. SECTION 3. The state shall be divided into thirty-two districts, to be called senate districts, each of which shall choose one senator. The districts shall be numbered from one to thirty-two, inclusive. District number one (1) shall consist of the counties of Suffolk, Richmond, and Queens. District number two (2) shall consist of the county of Kings. District number three (3), number four (4), number five (5), and number six (6), shall consist of the city and county of New York; and the board of supervisors of said city and county shall, on or before the first day of May, one thousand eight hundred and forty-seven, divide the said city and county into the number of senate districts to which it is entitled, as near as may be of an equal number of inhabitants, excluding aliens and persons of color not taxed, and consisting of convenient and contiguous territory; and no assembly district shall be divided in the formation of a senate district. The board of supervisors, when they shall have completed such division, shall cause certificates thereof, stating the number and boundaries of each district and the population thereof, to be filed in the office of the secretary of state, and of the clerk of the said city and county. District number seven (7) shall consist of the counties of Westchester, Putnam and Rockland. District number eight (8) shall consist of the counties of Dutchess and Columbia. District number nine (9) shall consist of the counties of No. 9. Orange and Sullivan. District number ten (10) shall consist of the counties of No. 10. Ulster and Greene. District number eleven (11) shall consist of the counties of No. 11. Albany and Schenectady. District number twelve (12) shall consist of the county of No. 12. Rensselaer. District number thirteen (13) shall consist of the counties No. 13. of Washington and Saratoga. District number fourteen (14) shall consist of the counties No. 14. of Warren, Essex and Clinton. District number fifteen (15) shall consist of the counties of No. 15. St. Lawrence and Franklin. District number sixteen (16) shall consist of the counties No. 16. of Herkimer, Hamilton, Fulton and Montgomery. District number seventeen (17) shall consist of the counties No. 17. of Schoharie and Delaware. District number eighteen (18) shall consist of the counties No. 18. of Otsego and Chenango. District number nineteen (19) shall consist of the county No. 19. of Oneida. District number twenty (20) shall consist of the counties No. 20. of Madison and Oswego. District number twenty-one (21) shall consist of the coun- No. 21. ties of Jefferson and Lewis. District number twenty-two (22) shall consist of the county No. 22. of Onondaga. District number twenty-three (23) shall consist of the No. 23. counties of Cortland, Broome and Tioga. District number' twenty-four (24) shall consist of the coun- No. 24. ties of Cayuga and Wayne. District number twenty-five (25) shall consist of the counties No. 25. of Tompkins, Seneca and Yates. District number twenty-six (26) shall consist of the counties No. 26. of Steuben and Chemung. District number twenty-seven (27) shall consist of the No. 27. county of Monroe. District number twenty-eight (28) shall consist of the No. 29. counties of Orleans, Genesee and Niagara. District number twenty-nine (29) shall consist of the coun- No. 29. ties of Ontario and Livingston. District number thirty (30) shall consist of the counties of No. 30. Allegany and Wyoming. District number thirty-one (31) shall consist of the county No. 31. of Erie. District number thirty-two (32) shall consist of the counties No. 32. of Chautauqua and Cattaraugus. SECTION 4. An enumeration of the inhabitants of the state shall be Census, taken. Senate districts altered. when to be taken, under the direction of the legislature, in the year one thousand eight hundred and fifty-five, and at the end of every ten years thereafter; and the said districts shall be so altered by the legislature, at the first session after the return of every enumeration, that each senate district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens, To remain and persons of color not taxed; and shall remain unaltered until the return of another enumeration, and shall at all times consist of contiguous territory; and no county shall be divided in the formation of a senate district, except such county shall be equitably entitled to two or more senators. 19 N. Y., 55; 20 N. Y., 447. unaltered. Members of be appor to divide assembly districts. SECTION 5. The members of assembly shall be apportioned among the assembly to several counties of this state, by the legislature, as nearly as tioned. may be, according to the number of their respective inhabitants, excluding aliens, and persons of color not taxed, and Supervisors shall be chosen by single districts. The several boards of County into supervisors in such counties of this state, as are now entitled to more than one member of assembly, shall assemble on the first Tuesday of January next, and divide their respective counties into assembly districts, equal to the number of members of assembly to which such counties are now severally entitled by law, and shall cause to be filed in the offices of the secretary of state and the clerks of their respective counties, a description of such assembly districts, specifying the number of each district and the population thereof, according to the last preceding state enumeration, as near as can be ascertained. Each assembly district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens, and persons of color not taxed, and shall consist of convenient and contiguous territory; but no town shall be divided in the formation of assembly districts. Members to tioned, Districts to be altered. The legislature, at its first session after the return of every be reappor enumeration, shall re-apportion the members of assembly among the several counties of this state, in manner aforesaid: and the boards of supervisors in such counties as may be entitled, under such re-apportionment, to more than one member, shall assemble at such time as the legislature making such re-apportionment shall prescribe, and divide such counties To remain into assembly districts, in the manner herein directed; and unaltered. the apportionment and districts so to be made shall remain unaltered until another enumeration shall be taken, under the provisions of the preceding section. Each conn to mem Hamilton. Every county heretofore established and separately organty entitled- ized, except the county of Hamilton, shall always be entitled ber except to one member of the assembly, and no new county shall hereafter be erected, unless its population shall entitle it to a member. The county of Hamilton shall elect with the with Fulton County of Fulton, until the population of the county of Hamilton to elect Hamilton shall, according to the ratio, be entitled to a member. 21 W., 563; 19 B., 81; 19 N. Y., 41; 20 N. Y., 447. SECTION 6. The members of the legislature shall receive for their ser- Pay of vices a sum not exceeding three dollars a day, from the members. commencement of the session, but such pay shall not exceed in the aggregate three hundred dollars for per diem allowance, except in proceedings for impeachment. The limitation as to the aggregate compensation shall not take effect until the year one thousand eight hundred and forty-eight. When convened in extra session by the governor, they shall receive three dollars per day. They shall also receive the sum of one dollar Mileage for every ten miles they shall travel, in going to and returning from their place of meeting on the most usual route. compensa The speaker of the assembly shall, in virtue of his office, Speaker's receive an additional compensation equal to one-third of his tion. per diem allowance as a member. SECTION 7. to receive No member of the legislature shall receive any civil appoint- No member ment within this state, or to the senate of the United States, appoint from the governor, the governor and senate, or from the ment. legislature, during the term for which he shall have been elected; and all such appointments, and all votes given for any such member, for any such office or appointment, shall be void. SECTION 8. member. No person being a member of congress, or holding any who canjudicial or military office under the United States, shall hold not be a a seat in the legislature; and if any person shall, after his election as a member of the legislature, be elected to congress, or appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat. SECTION 9. Time of annual The elections of senators and members of assembly, pursuant to the provisions of this constitution, shall be held on election. the Tuesday succeeding the first Monday of November, unless otherwise directed by the legislature. SECTION 10. each house. A majority of each house shall constitute a quorum to do Powers of business. Each house shall determine the rules of its own contested proceedings, and be the judge of the elections, returns, and seats. qualifications of its own members; shall choose its own officers; and the senate shall choose a temporary president, when the lieutenant-governor shall not attend as president, or shall act as governor. 3 Cow., 686; 8 N. Y., 324. |