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Article XII, § 3

without

ceptance

35 bills, to the action of the governor. Whenever, during the Page 36 session at which it was passed, any such bill is returned with-cac37 out the acceptance of the city or cities to which it relates, or 38 within such fifteen days is not returned, it may nevertheless 39 again be passed by both branches of the legislature, and it 40 shall then be subject as are other bills, to the action of the 41 governor. In every special city law which has been accepted Title of 42 by the city or cities to which it relates, the title shall be city laws 43 followed by the words "accepted by the city," or "cities," 44 as the case may be; in every such law which is passed without 45 such acceptance, by the words "passed without the accept46 ance of the city," or "cities," as the case may be.

Source

Const. 1894, Art. XII, § 2; amended in 1907.3 Lincoln's Constitutional History

For the judicial construction of this section with special reference to the question whether, in a given case, a bill is or is not a city bill, and therefore should or should not be transmitted to the city or cities affected, and for certain rules that have been formulated by Mr. Lincoln to aid in the determination of this question, see IV: 777-786. See also these pages for certain rules formulated by Mr. Lincoln relating to the provision requiring the return of city bills to the legislature or governor, and the computation of time in connection therewith.

References to constitutional conventions.

1894. III:628-652.

Debates of constitutional conventions

1894. Classification of cities. II:229-230 (II:747-748); II:243-
244 (II:755-756); II:342-343 (II:807-808); II:353 (II:814).
City laws, general and special. III:494-521 (IV:1552-1556); IV:
815-824 (V:2425-2431); IV:980-1005 (V:2522-2537). Refer-
endum. II:244–246 (II:756–757); II:381–383 (II:829–830).
Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional
Amendments, Overtures Nos. 267 (Int. 265), 461, 464 (Int. 394).*
In the legislature, 1895-1914: see Part II, post, pp. 248-252.

special

1

§ 3. All elections of city officers, including supervisors and City of2 judicial officers of inferior local courts, elected in any city to be

cers; when

3 For legislative history of the amendment of 1907 and the action of the people thereon, see Part II, post, pp. 248-249.

4 This overture was adopted by the convention and accordingly became a part of the Constitution.

elected; terms

Article XII, § 3

5

3 or part of a city, and of county officers elected in the counties 4 of New York and Kings, and in all counties whose boundaries are the same as those of a city, except to fill vacancies, shall 6 be held on the Tuesday succeeding the first Monday in No7 vember in an odd-numbered year, and the term of every such 8 officer shall expire at the end of an odd-numbered year. The 9 terms of office of all such officers elected before the first day 10 of January, one thousand eight hundred and ninety-five, 11 whose successors have not then been elected, which under 12 existing laws would expire with an even-numbered year, or 13 in an odd-numbered year and before the end thereof, are 14 extended to and including the last day of December next 15 following the time when such terms would otherwise expire; 16 the terms of office of all such officers, which under existing 17 laws would expire in an even-numbered year, and before the 18 end thereof, are abridged so as to expire at the end of the Exceptions 19 preceding year. This section shall not apply to any city of 20 the third class, or to elections of any judicial officer, except 21 judges and justices of inferior local courts.

Source

Const. 1894, Art. XII, § 3. For election of mayor, see also Const. 1777, Art. XXIII; Const. 1821, Art. IV, § 10; amendments of 18335 and 1839.5

Lincoln's Constitutional History

For court decisions construing this section, see IV :787-788.
References to constitutional conventions.

1894. III:628, 640-642.

Debates of constitutional conventions

1894. II:111-112 (II:683); II:169–170 (II:715); II:340–342 (II: 806-807); II:353 (II:814); II:392-393 (II:835); III:276–342 (III:1429-1466).

Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 3, 88, 176 (Int. 175), 318 (Int. 310), 451 (Int. 369).

In the legislature, 1895-1914: see Part II, post, p. 253.

5 For the text of the constitutional amendments of 1833 and 1839 relating to mayors, see Lincoln's Constitutional History, I:223, 224.

6 This overture was adopted by the convention and accordingly became a part of the Constitution.

Article XIII, § 1

1

2

5

ARTICLE XIII

office

Section 1. Members of the Legislature, and all officers, ex- Oath of ecutive and judicial, except such inferior officers as shall be 3 by law exempted shall, before they enter on the duties of 4 their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will 6 support the Constitution of the United States, and the Con7 stitution of the State of New York, and that I will faithfully 8 discharge the duties of the office of -, according to the 9 best of my ability;" and all such officers who shall have been 10 chosen at any election shall, *befor they enter on the duties

of their respective offices, take and subscribe the oath or 12 affirmation above prescribed, together with the following 13 addition thereto, as part thereof:

14

"And I do further solemnly swear (or affirm) that I have 15 not directly or indirectly paid, offered or promised to pay, 16 contributed, or offered or promised to contribute any money 17 or other valuable thing as a consideration or reward for the 18 giving or with-holding a vote at the election at which I was 19 elected to said office, and have not made any promise to 20 influence the giving or with-holding any such vote," and no 21 other oath, declaration or test shall be required as a quali22 fication for any office or public trust.1

Source

Const. 1821, Art. VI, § 1; continued without change in Const. 1846, Art. XII, § 1; amended in 1874, Art. XII, § 1; continued without change in Const. 1894, Art. XIII, § 1.

Lincoln's Constitutional History

For comment upon this section and court decisions construing it, see
IV:789-790. See also IV :726.

References to constitutional conventions and commissions.

1777. I:552. 1867. II:406.

1894. III:652–653.

Debates of constitutional conventions

1872. II:482, 563-565, 571–572.

1821. 206-210 (Sept. 21). 1867. I:606-616. 1894. II:457–460 (I: 233-235).

* So in original.

1 For references on the subject of the regulation of expenditures of candidates for public office, see Supplemental Notes following Article XV, post, under the title Campaign expenses.

Article XIII, § 2

Acceptance

of bribe by public off

cer a felony

Texts of proposed amendments

1

2

3

4

In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 34, 94, 142, 144, 158-445 (Int. 158), 190 (Int. 189), 356 (Int. 347).

§ 2. Any person holding office under the laws of this State, who, except in payment of his legal salary, fees or perquisites, shall receive or consent to receive, directly or indirectly, any thing of value or of personal advantage, or the promise 5 thereof, for performing or omitting to perform any official 6 act, or with the express or implied understanding that his 7 official action or omission to act is to be in any degree in8 fluenced thereby, shall be deemed guilty of a felony. This 9 section shall not affect the validity of any existing statute in 10 relation to the offense of bribery.

Source

Amendments of 1874, Art. XV, § 1; continued without change in
Const. 1894, Art. XIII, § 2.

Lincoln's Constitutional History

References to constitutional conventions.

1867. II:379-382, 406. 1872. II:571-572.

Debates of constitutional conventions

1867. III:2276-2288; IV :2568-2573; V:3297-3320, 3331-3355. Texts of proposed amendments

Offer of 1

bribe to

public off

cer a felony

Person of

fering

bribe not

privileged

from testi

fying: im

munity

2

3

4

5

6

In the constitutional convention of 1894: see Proposed Constitutional
Amendments, Overture No. 211 (Int. 209).

§ 3. Any person who shall offer or promise a bribe to an officer, if it shall be received, shall be deemed guilty of a felony and liable to 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 9 promise a bribe, if it be rejected by the officer to whom it was 10 tendered, shall be guilty of an attempt to bribe, which is 11 hereby declared to be a felony.

7

8

Source

Amendments of 1874, Art. XV, § 2; continued without change in
Const. 1894, Art. XIII, § 3.

Article XIII, § 5

Lincoln's Constitutional History

For court decisions relating to bribery, see IV:791-792.

Debates of constitutional conventions

1867. III:2276-2280; IV:2568-2573; V:3297-3320, 3331-3355.

Texts of proposed amendments

1

In the constitutional convention of 1894: see Proposed Constitutional
Amendments, Overture No. 211 (Int. 209).

in bribery

§ 4. Any person charged with receiving a bribe, or with Defendant 2 offering or promising a bribe, shall be permitted to testify in case may 3 his own behalf in any civil or criminal prosecution therefor.

Source

Amendments of 1874, Art. XV, § 3; continued without change in
Const. 1894, Art. XIII, § 4.

Lincoln's Constitutional History

References to constitutional conventions and commissions.

1872. II:571-572. 1894. III:653.

Debates of constitutional conventions

1894. I:733-734 (1:384).

Texts of proposed amendments

1

8

In the constitutional convention of 1894: see Proposed Constitutional
Amendments, Overtures Nos. 197 (Int. 196), 211 (Int. 209).

testify in his own behalf

tion in

public off

transporta

graph and

rates,

privileges,

hibited;

§ 5. No public officer, or person elected or appointed to a Discrimina2 public office, under the laws of this State, shall directly or favor of 3 indirectly ask, demand, accept, receive or consent to receive cera in 4 for his own use or benefit, or for the use or benefit of another, tion, tele5 any free pass, free transportation, franking privilege or dis- telephone 6 crimination in passenger, telegraph or telephone rates, from franking 7 any person or corporation, or make use of the same himself etc., proor in conjunction with another. A person who violates any penalties 9 provision of this section, shall be deemed guilty of a mis10 demeanor, and shall forfeit his office at the suit of the At11 torney-General. Any corporation, or officer or agent thereof, 12 who shall offer or promise to a public officer, or person elected 13 or appointed to a public office, any such free pass, free trans14 portation, franking privilege or discrimination, shall also be 15 deemed guilty of a misdemeanor and liable to punishment 16 except as herein provided. No person, or officer or agent of a 17 corporation giving any such free pass, free transportation, lege from 18 franking privilege or discrimination hereby prohibited, shall immunity

No privi

granted

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