§ 9. The chancellor, the justices of the present supreme court, and the Chancellor circuit judges, are hereby declared to be severally eligible to any office at of present the first election under this constitution. and justices supreme court, § 10. Sheriffs, clerks of counties (including the register and clerk of eligible. the city and county of New York), and justices of the peace and coro- Officers to ners, in office when this constitution shall take effect, shall hold their expiration respective offices until the expiration of the term for which they were respectively elected. hold until of term. officers may re § 11. Judicial officers in office when this constitution shall take effect, Judicial may continue to receive such fees and perquisites of office as are now authorized by law, until the first day of July, one thousand eight hun- ceive fees. dred and forty-seven, notwithstanding the provisions of the twentieth section of the sixth article of this constitution. courts to § 12. All local courts established in any city or village, including the Local superior court, common pleas, sessions and surrogates' courts of the city remain, and county of New York, shall remain, until otherwise directed by the etc. legislature, with their present powers and jurisdictions; and the judges of such courts and any clerks thereof in office on the first day of January, one thousand eight hundred and forty-seven, shall continue in office until the expiration of their terms of office, or until the legislature shall otherwise direct.' stitution § 13. This constitution shall be in force from and including the first When conday of January, one thousand eight hundred and forty-seven, except as is herein otherwise provided. *ARTICLE XV. goes into operation. corruption. SECTION 1. Any person holding office under the laws of this state, Bribery who, except in payment of his legal salary, fees or perquisites, shall and official receive, or consent to receive, directly or indirectly, any thing of value or of personal advantage, or the promise thereof, for performing or omitting to perform any official act, or with the express or implied understanding that his official action or omission to act is to be in any degree influenced thereby, shall be deemed guilty of a felony. This section shall not affect the validity of any existing statute in relation to the offence of bribery. § 2. Any person who shall offer or promise a bribe to an officer, if it The same shall be received, shall be deemed guilty of a felony and liable to subject. punishment, except as herein provided. No person offering a bribe shall, upon any prosecution of the officer for receiving such bribe, be privileged from testifying in relation thereto, and he shall not be liable to civil or criminal prosecution therefor, if he shall testify to the giving or offering of such bribe. Any person who shall offer or promise a bribe, if it be rejected by the officer to whom it is tendered, shall be deemed guilty of an attempt to bribe, which is hereby declared to be a felony. §3. Any person charged with receiving a bribe, or with offering or promising a bribe, shall be permitted to testify in his own behalf in any civil or criminal prosecution therefor. offering or receiving bribe may be witness, may be re prosecute § 4. Any district attorney who shall fail faithfully to prosecute a person District charged with the violation in his county of any provision of this article attorney which may come to his knowledge, shall be removed from office by the moved for governor, after due notice and an opportunity of being heard in his failure to defence. The expenses which shall be incurred by any county, in inves- violations. tigating and prosecuting any charge of bribery or attempting to bribe of prosecu any person holding office under the laws of this state, within such county, tion. how or of receiving bribes by any such person in said county, shall be a charge against the state, and their payment by the state shall be provided for by law." 113 Abb. Pr. R. (N. S.), 328; 90 N. Y., 68; 102 N. Y., 42. 239 Hun, 442. * Article 15, added by vote of the people, Nov. 3, 1874. Went into effect January 1, 1875. Expenses chargeable Amendments, * ARTICLE XVI. SECTION 1. All amendments to the constitution shall be in force from and including the first day of January succeeding the election at which take effect. the same were adopted, except when otherwise provided by such amend when to ments. Done, in convention, at the capitol in the city of Albany, the ninth day In witness whereof, we have hereunto subscribed our names. JAMES F. STARBUCK, H. W. STRONG, FR. SEGER, COURT OF APPEALS, SECOND DIVISION. AMENDMENT TO ARTICLE 6, SECTION 6. Whenever, and as often as there shall be such an accumulation of causes on the calendar of the court of appeals that the public interests require a more speedy disposition thereof, the said court may certify such fact to the governor, who shall thereupon designate seven justices of the supreme court to act as associate judges, for the time being, of the court of appeals, and to form a second division of said court, and who shall act as such until all the causes upon the said calendar at the time of the making of such certificate are determined, or the judges of said court, elected as such, shall certify to the governor that said causes are substantially disposed of, and on receiving such certificate, the governor may declare said second division dissolved, and the designation of justices to serve thereon shall thereupon expire. The second division of said court hereby authorized to be constituted, shall be competent to determine any causes on said calendar which may be assigned to such division by the court composed of judges elected to serve in the court of appeals, and that court may at any time before judgment direct any of the causes so assigned to be restored to its calendar for hearing and decision. The rules of practice in both divisions shall be the same. Five members of the court shall be sufficient to form a quorum for said second division, and the concurrence of four shall be necessary to a decision. The judges composing said second division shall appoint from their number a chief judge of such division, and the governor may from time to time, when in his judgment the public interests may require, change the designation of any justice of the supreme court to serve in such division, and may fill any vacancy occurring therein, by designating any justice of the supreme court to fill such vacancy. Said second division may appoint and remove a crier and such attendants as may be necessary. The judges composing said second division shall not, during the time of their service therein, exercise any of the functions of justices of the supreme court, nor receive any salary or compensation as such justices, but in lieu thereof shall during such term of service receive the same compensation as the associate judges of the court of appeals. They shall have power to appoint the times and places of their sessions, within this state, and the clerk and reporter of the court of appeals shall be clerk and reporter of said second division.t Article 16, added by vote of the people, November 3, 1874. Went into effect January 1, 1875. † Added to article 6. section 6, ante, p. 95, by vote of the people, November 6, 1888. Went into effect January 1, 1889. INDEX TO THE CONSTITUTION OF THE STATE OF NEW-YORK. IN FORCE JANUARY 1st, 1889. Art. 9 1 ...... .... 3 11 1 3 ...... .... stitution].... 13 6 Academies, support of.... fected.. by or against corporations 8 Adjournment, neither house to adjourn without consent of the other.............. Adjutant-general, appointment and tenure of office.... 11 Agricultural land, certain leases or grants to be void.... 1 Alienation of lands, restraints upon, to be void...................... Amendments to constitution, when to go into effect... 16 to bills, may be made in either house. to the constitution [see Con Appeals, court of [see Court of appeals]... Appropriation laws, to be passed within two years. ...... to specify distinctly sum appropriated.... 7 8 Ayes and noes, on final passage bills, how to be passed.... 3 Assembly, number of members 3 members not to receive civil ...... .... who ineligible to.... number, when and how ap portioned and chosen... 3 districts, how and when formed when reorgan compensation of members 3 21 18 3 1 Assembly, not to adjourn without consent of the senate 3 members not to be questioned elsewhere for words said in debate.... 3 majority of, necessary to 11 12 pass bills.. first election of members. 14 Assistant vice-chancellor, office Attorney-general, election and .... 3 15 6 1 1 822 |