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Article III, § 14

37

TEXT IN FORCE APRIL 6, 1915, With NOTES

Article III, 8 16

l's Constitutional History r historical statement of the exclusive right claimed by the colonial Jassembly to originate money bills, see IV:367-368. ferences to constitutional conventions.

1921. I:639; IV:366-367. of constitutional conventions 17. IV:2751.

proposed amendments he constitutional convention of 1894: see Proposed Constitutional mendments, Overtures Nos. 146–390 (Int. 146), 155, 219 (Int.

Lincoln's Constitutional History

For court decisions under this section prior to the constitutional

amendment of 1894, see IV:376–377. For discussion of the subject of the consideration and passage of

bills, see III:235–244; for special comment on the emergency

message of the governor, see IV :242–244.
References to constitutional conventions and commissions.

1867. II:321-322. 1872. II :494 495. 1894. III:235-244. Debates of constitutional conventions

1867. Signing of bills and resolutions by presiding officer in the

presence of the house, II:1302–1304. 1894. I:6 (1:7), 1:478-490 (1:246-252), 1:671-676 (1:348–351),

1:695-696 (1:362), 1:887–917 (1:468–483). Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional

Amendments, Overtures Nos. 73–173–290–365 (Int. 73),10 219 (Int.

217), 248 (Int. 246), 288-396 (Int. 286). In the legislature, 1895–1914: see Part II, post, p. 69.

14. The enacting clause of all bills shall be “ The People e State of New York, represented in Senate and Assembly, pact as follows," and no law shall be enacted except by

1777, Art. XXXI (omitted in Const. 1821); amended, Const. 6, Art. III, $ 14. Constitutional History istorical statement of the enacting clause in early English utes, in the colony of New York, and in this state down to

(from which time there has been no change), see IV:369-375. toposed amendments constitutional convention of 1894: see Proposed Constitutional pdments, Overture No. 219 (Int. 217). Legislature, 1895–1914: see Part II, post, p. 68.

1 § 16. No private or local bill, which may be passed by the private, of 2 Legislature, shall embrace more than one subject, and that limited to 3 shall be expressed in the title.

one subject to be expressed in title

No bill shall be passed or become a law unless it shall een printed and upon the desks of the members, in its rm, at least three calendar legislative days prior to its assage, unless the Governor, or the acting Governor, kve certified to the necessity of its immediate passage, his hand and the seal of the State; nor shall any bill be for become a law, except by the assent of a majority members elected to each branch of the Legislature; In the last reading of a bill, no amendment thereof Jallowed, and the question upon its final passage shall

inmediately thereafter, and the yeas and nays enthe journal.

Source

Const. 1846, Art. III, $ 16. Lincoln's Constitutional History

Art. III, $ 15; amended, Const. 1894, Art. III, $ 15.

For historical basis of this section, see IV:377–378.
For court decisions dealing with the general principles of this section,

see IV:380-382.
For a chronological list of statutes from 1847 to 1901 with the court

decisions holding them valid under this section, see IV:383-402;
for a chronological list of statutes from 1854 to 1904 with the
court decisions holding them invalid under this section, see IV:

403-410.
References to constitutional conventions and commissions.

1872. II:493_494.
Debates of constitutional conventions

1846. 176-177 (June 27).
1867. III:2102-2104.
1894. Certain limitations proposed as to general bills, III:142-155

(III:1358-1365).

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

i restrictions upon the manner of passing local or private mental Votes following Article XV, post, under the title

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38

NEW YORK STATE CONSTITUTION ANNOTATED

(Part

Article III, 8 17

Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional

Amendments, Overtures Nos. 11-418 (Int. 11), 63, 154, 214-388 (Int. 212), 219 (Int. 217), 201-427 (Int. 200), 306 (Int. 300), 330-407 (Int. 322).

Existing
laws not

by refer-
ence

1 § 17. No act shall be passed which shall provide that any applicable 2 existing law, or any part thereof, shall be made or deemed a

3 part of said act, or which shall enact that any existing law, or 4 part thereof, shall be applicable, except by inserting it in such 5 dct.

Source

Amendment of 1874.
Lincoln's Constitutional History

For comment upon this section, see IV:410-411.
For chronological list of statutes from 1875 to 1901 with the court

decisions construing them in the light of this section, see IV:411

415.
References to constitutional conventions and commissions.

1872. II:494.
Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional

Amendments, Overtures Nos. 219 (Int. 217), 283 (Int. 281).

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1 8 18. The legislature shall not pass a private or local bill 2 in any of the following cases :11 3 Changing the names of persons. 4 *Lay out, opening, altering, working or discontinuing 5 roads, highways or alleys, or for draining swamps or other 6 low lands. 7 Locating or changing county seats. 8 Providing for changes of venue in civil or criminal cases. 9 Incorporating villages. 10 Providing for election of members of boards of supervisors. 11 Selecting, drawing, summoning or empaneling grand or 12 petit jurors. 13 Regulating the rate of interest on money.

Cases in which private or local billa shall not be passed

11 For other suggested restrictions upon the manner of passing local or private bills, see Supplemental Notes following Article XV, post, under the title Bills.

* So in original.

Article III, § 18

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14 The opening and conducting of elections or designating
15 places of voting.
16 Creating, increasing or decreasing fees, percentage or
17 allowances of public officers, during the term for which said
18 officers are elected or appointed.
19 Granting to any corporation, association or individual the
20 right to lay down railroad tracks.
21 Granting to any private corporation, association or indi.
22 vidual any exclusive privilege, immunity or franchise what-
23 ever.
24 Granting to any person, association, firm or corporation
25 an exemption from taxation on real or personal property.
26 Providing for building bridges, and chartering companies
27 for such purposes, except on the Hudson river below Water-
28 ford, and on the East river, or over the waters forming a
29 part of the boundaries of the state.
30 The legislature shall pass general laws providing for the General
31 cases enumerated in this section, and for all other cases which vide for
32 in its judgment, may be provided for by general laws. But cases
33 no law shall authorize the construction or operation of a Restrictions
34 street railroad except upon the condition that the consent governing
35 of the owners of one-half in value of the property bounded
36 on, and the consent also of the local authorities having the
37 control of that portion of a street or highway upon which
38 it is proposed to construct or operate such railroad be first
39 obtained, or in case the consent of such property owners can-
40 not be obtained, the appellate division of the supreme court,
41 in the department in which it is proposed to be constructed,
42 may, upon application, appoint three commissioners who shall
43 determine, after a hearing of all parties interested, whether
44 such railroad ought to be constructed or operated, and their
45 determination, confirmed by the court, may be taken in lieu
46 of the consent of the property owners.

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Source

Amendment of 1874; amended in 1901.12
Lincoln's Constitutional History

For court decisions construing certain parts of this section, see the

following pages in volume 4:

12 The amendment of 1901 added the lines 24–25. For explanation of this amendment, see Lincoln's Constitutional History, III:680-681. For its legislative history and the action of the people thereon, see Part II, post, pp. 70–71.

Article III, 8 19

Line 3, page 418. Lines 4-6, pages 418-420. Line 7, pages

420-421. Line 8, page 421. Line 9, page 421. Line 10, pages 421-422. Lines 11-12, page 423. Lines 16–18, pages 424-425. Lines 19-20, pages 425-427. Lines 21-23, pages 427-430. Lines 26-29, page 430. Lines 30–46, pages 431

434. For historical comment on this section, including references to the

work of the constitutional convention of 1867-68 and the con-
stitutional commission of 1872, see II :323-327, 497-501, and IV:

417-418.
Debates of constitutional conventions

1867. II:1379–1381, 1385–1386; III:2102-2128; IV:2777-2785, 2801

2803, 3111-3117; V:3603-3609, 3683-3685. Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional

Amendments, Overtures Nos. 87, 115-424 (Int. 115), 116-386
(Int. 116), 124, 147, 219 (Int. 217), 299 (Int. 295), 309 (Int. 303),

320 (Int. 312), 354 (Int. 345), 369 (Int. 362).
In the legislature, 1895–1914: see Part II, post, pp. 70-73.

1 § 19. The Legislature shall neither audit nor allow any

2 private claim or account against the State, but may approbe audited 3 priate money to pay such claims as shall have been audited and

4 allowed according to law.13

Private
claims
against
state not to

by tu're

Source

Amendment of 1874.
Lincoln's Constitutional History

For court decisions construing this section, see IV:434-435.
References to constitutional conventions and commissions.

1872. II :501-502.
Debates of constitutional conventions

1867. II:1319-1348; IV:2755.
Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional

Amendments, Overtures Nos. 217–391 (Int. 215), 219 (Int. 217). In the legislature, 1895–1914: see Part II, post, p. 73.

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tion of public property for local or private purposes; two-thirds vote required

Appropria- 1 § 20. The assent of two-thirds of the members elected to

2 each branch of the Legislature shall be requisite to every bill
3 appropriating the public moneys or property for local or
4 private purposes.
Source

Const. 1821, Art. VII, § 9; amended, Const. 1846, Art. I, § 9; con

tinued without change in Const. 1894, Art. III, $ 20.

18 For references to the court of claims see Supplemental Notes following Article XV, post, under the title Court of claims.

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Article III, § 22

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Lincoln's Constitutional History

For comment on this section and court decisions construing it, see

IV:435–439.
This section, as it existed in the Constitution of 1821, included the

following words at the end thereof, namely" or creating, continuing,
altering, or renewing, any body politic or corporate.” For court

decisions construing this provision, see I :215–216.
Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional

Amendments, Overtures Nos. 81, 219 (Int. 217).

Pages 131

Eces to the

the con

and IT:

-5, 2801

tion bills

utional

16-386 303).

1 $ 21. No money shall ever be paid out of the treasury of Appropria-
2 this State, or any of its funds, or any of the funds under its
3 management, except in pursuance of an appropriation by
4 law; nor unless such payment be made within two years next
5 after the passage of such appropriation act; and every such
6 law making a new appropriation, or continuing or reviving
7 an appropriation, shall distinctly specify the sum appro-
8 priated, and the object to which it is to be applied, and it
9 shall not be sufficient for such law to refer to any other law
10 to fix such sum.

any

pro.

ind

Source

Const. 1846, Art. VII, & 8; continued without change in Const. 1894,

Art. III, $ 21.
Lincoln's Constitutional History

For court decisions construing this section, see IV:439–440.
References to constitutional conventions.

1846. II :182-184.
Debates of constitutional conventions

1846. 940-943 (Sept. 22). 1867. III:1840.
Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional

Amendments, Overture No. 219 (Int, 217).
In the legislature, 1895–1914: see Part II, post, p. 74.

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1 § 22. No provision or enactment shall be embraced in the appropria-
2 annual appropriation or supply bill, unless it relates specif. not to em.
3 cally to some particular appropriation in the bill; and any subjects
4 such provision or enactment shall be limited in its operation
5 to such appropriation.

Source

Const. 1894, Art. III, $ 22.

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