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Enacting clause of bills.

Majority of members elected

SECTION 11.

Each house shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy. The doors of each house shall be kept open, except when the public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days. SECTION 12.

For any speech or debate in either house of the legislature, the members shall not be questioned in any other place.

SECTION 13.

Any bill may originate in either house of the legislature, and all bills passed by one house may be amended by the other.

SECTION 14.

The enacting clause of all bills shall be "The People of the state of New York represented in senate and assembly, do enact as follows," and no law shall be enacted except by bill. SECTION 15.

No bill shall be passed unless by the assent of a majority of all the members elected to each branch of the legislature, required to and the question upon the final passage shall be taken immediately upon its last reading, and the yeas and nays entered on the journal.

pass bills.

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27 B., 575, 584; 8 N. Y., 324.

SECTION 16.

No private or local bill, which may be passed by the legislature, shall embrace more than one subject, and that shall be expressed in the title.

3 B., 162; 15 B., 657; 19 B., 81; 22 B., 634; 5 N. Y., 285; 8 N. Y., 241; 16 N. Y., 58; 19 N. Y., 116.

SECTION 17.

The legislature may confer upon the boards of supervisors of the several counties of the state, such further powers of local legislation and administration, as they shall from time to time prescribe.

8 N. Y., 472; 13 N. Y., 143.

ARTICLE IV.
SECTION 1.

The executive power shall be vested in a governor, who shall hold his office for two years; a lieutenant-governor shall be chosen at the same time and for the same term.

SECTION 2.

No person, except a citizen of the United States, shall be eligible to the office of governor, nor shall any person be eligible to that office who shall not have attained the age of

thirty years, and who shall not have been five years next preceding his election, a resident within this state.

SECTION 3.

governor

ernor.

The governor and lieutenant-governor shall be elected at the Election of times and places of choosing members of the assembly. The and lieutenpersons respectively having the highest number of votes for an governor and lieutenant-governor, shall be elected; but in case two or more shall have an equal and the highest number of votes for governor, or for lieutenant-governor, the two houses of the legislature, at its next annual session, shall, forthwith, by joint ballot, choose one of the said persons so having an equal and the highest number of votes for governor, or lieutenant-governor.

SECTION 4.

duties of

The governor shall be commander-in-chief of the military Powers and and naval forces of the state. He shall have power to convene governor. the legislature (or the senate only) on extraordinary occasions. He shall communicate by message to the legislature, at every session, the condition of the state, and recommend such matters to them as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed. He shall, at stated times, receive Compensafor his services a compensation to be established by law, which shall neither be increased nor diminished after his election, or during his continuance in office.

SECTION 5.

tion.

power.

The governor shall have the power to grant reprieves, com- Pardoning mutations, and pardons after conviction, for all offences, except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations as he may think proper, subject to such regulation as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the legislature at its next meeting, when the legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall annually communicate to the legislature each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve.

SECTION 6.

to

In case of the impeachment of the governor, or his removal when from office, death, inability to discharge the powers and duties governor t of the said office, resignation, or absence from the state, the devolve on power and duties of the office shall devolve upon the lieu- governor.

lieutenant

Qualifica

tenant-governor for the residue of the term, or until the disability shall cease. But when the governor shall, with the consent of the legislature, be out of the state in time of war, at the head of a military force thereof, he shall continue commander-in-chief of all the military force of the state.

SECTION 7.

The lieutenant-governor shall possess the same qualifications tions, pow. of eligibility for office as the governor. He shall be president of the senate, but shall have only a casting vote therein. If governor. during a vacancy of the office of governor, the lieutenant

ers and duties of lieutenant

Compensation of

governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or he be absent from the state, the president of the senate shall act as governor, until the vacancy be filled, or the disability shall cease.

SECTION 8.

The lieutenant-governor shall, while acting as such, receive lieutenant a compensation which shall be fixed by law, and which shall not be increased or diminished during his continuance in office.

governor.

Bills to be

to governor.

SECTION 9.

Every bill which shall have passed the senate and assembly presented shall, before it becomes a law, be presented to the governor; If returned if he approve he shall sign it; but if not, he shall return with objec it with his objections to that house, in which it shall have disposed of. originated; who shall enter the objections at large on their

tions, how

journal, and proceed to reconsider it. If after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of all the members present, it shall become a law, notwithstanding the objections of the governor. But in all such cases, the votes of both houses shall be determined by ayes and nays, and the names of the members voting for and against the bill, shall be entered on the journal of each Effect if not house respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the legislature shall, by their adjournment, prevent its return; in which case it shall not be a law.

returned

within ten

days.

State officers, when chosen, tenure of office and

ARTICLE V.
SECTION 1.

The secretary of state, comptroller, treasurer, and attorneygeneral, shall be chosen at a general election, and shall hold their offices for two years. Each of the officers in this article compensa named (except the speaker of the assembly,) shall at stated times, during his continuance in office, receive for his services a compensation, which shall not be increased or diminished during the term for which he shall have been elected; nor shall

tion.

he receive, to his use, any fees or perquisites of office, or other compensation.

SECTION 2.

A state engineer and surveyor shall be chosen at a general state engi election, and shall hold his office two years, but no person shall neer. be elected to said office who is not a practical engineer.

SECTION 3.

missioners.

Three canal commissioners shall be chosen at the general canal comelection which shall be held next after the adoption of this constitution, one of whom shall hold his office for one year, one for two years, and one for three years. The commissioners of the canal fund shall meet at the capitol on the first Monday of January next after such election, and determine by lot which of said commissioners shall hold his office for one year, which for two, and which for three years; and there shall be elected annually, thereafter, one canal commissioner, who shall hold his office for three years.

SECTION 4.

of state

Three inspectors of state prisons shall be elected at the Inspectors general election, which shall be held next after the adoption prisons. of this constitution, one of whom shall hold his office for one year, one for two years, and one for three years. The governor, secretary of state and comptroller, shall meet at the capitol on the first Monday of January next succeeding such election, and determine by lot which of said inspectors shall hold his office for one year, which for two, and which for three years; and there shall be elected annually thereafter, one inspector of state prisons, who shall hold his office for three years; said inspectors shall have the charge and superintendence of the state prisons, and shall appoint all the officers therein. All vacancies in the office of such inspector shall be filled by the governor, till the next election.

SECTION 5.

the land

The lieutenant-governor, speaker of the assembly, secretary Commis of state, comptroller, treasurer, attorney-general and state sioners of engineer and surveyor, shall be the commissioners of the land office. office.

The lieutenant-governor, secretary of state, comptroller, commis treasurer and attorney-general shall be the commissioners of the canal fund.

sioners of

the canal fund.

The canal board shall consist of the commissioners of the Canal canal fund, the state engineer and surveyor, and the canal board. commissioners.

SECTION 6.

duties of

The powers and duties of the respective boards, and of the Powers and several officers in this article mentioned, shall be such as now boards and are or hereafter may be prescribed by law.

officers.

Treasurer

may be sus

the gov

ernor.

SECTION 7.

The treasurer may be suspended from office by the governor, pended by during the recess of the legislature and until thirty days after the commencement of the next session of the legislature, whenever it shall appear to him that such treasurer has, in any particular, violated his duty. The governor shall appoint a competent person to discharge the duties of the office, during such suspension of the treasurer.

Certain offices abolished.

Impeachment.

Court of appeals.

SECTION 8.

All offices for the weighing, gauging, measuring, culling or inspecting any merchandize, produce, manufacture or commodity, whatever, are hereby abolished, and no such office shall hereafter be created by law; but nothing in this section contained, shall abrogate any office created for the purpose of protecting the public health or the interests of the state in its property, revenue, tolls or purchases, or of supplying the people with correct standards of weights and measures, or shall prevent the creation of any office for such purposes hereafter.

17 N. Y., 141.

ARTICLE VI.
SECTION 1.

The assembly shall have the power of impeachment, by the vote of the majority of all the members elected. The court for the trial of impeachments, shall be composed of the president of the senate, the senators, or a major part of them, and the judges of the court of appeals, or the major part of them. On the trial of an impeachment against the governor, the lieutenant-governor shall not act as a member of the court. No judicial officer shall exercise his office after he shall have been impeached, until he shall have been acquitted. Before the trial of an impeachment, the members of the court shall take an oath or affirmation, truly and impartially to try the impeachment, according to evidence; and no person shall be convicted, without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold and enjoy any office of honor, trust or profit under this state; but the party impeached shall be liable to indictment and punishment according to law.

SECTION 2.

There shall be a court of appeals, composed of eight judges, of whom four shall be elected by the electors of the state for eight years, and four selected from the class of justices of the supreme court having the shortest time to serve. Provision shall be made by law, for designating one of the number elected, as chief judge, and for selecting such justices of the

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