Article VIII, § 10

issuing of the said bonds for their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any city debt hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise indebted; except that debts incurred by the city of New York after the first day of January, nineteen hundred and four, [to provide for the supply of water,] and debts incurred by any city of the second class after the first day of January, nineteen hundred and eight, to provide for the supply of water, shall not be so included]; and except further that debts heretofore or hereafter incurred by the said city for the acquisition of property or for the construction of railroads, docks or other improvements which shall be owned by the said city, shall not be so included if it shall appear by the ascertainment and determination hereinafter provided that the said city is receiving current net income from such property or improvement in excess of the interest payable by the said city upon the total debt incurred for the acquisition of such property or the making of such improvement. The appellate division of the supreme court in the first department shall, from time to time, upon the application of the board of estimate and apportionment or other chief financial board of the said city, ascertain and by order determine the existing debt or debts incurred by it for such acquisition of property or the making of such improvement and which shall not be so included, provided that such ascertainment and determination shall be upon the notice to the governor and attorney-general of the state and to the mayor of the said city and upon other reasonable public notice to be prescribed by the court, and that the attorneygeneral, either upon his own motion or upon the direction of the governor, and the mayor of the said city, and any resident of the said city who shall be the owner of real estate therein, duly assessed for taxation, shall be entitled to appear and to be heard in the proceeding for such ascertainment and determination, and provided further that any such ascertainment and determination, shall be valid and effectual only for such period as shall

Article VIII, § 10

be prescribed therein not exceeding five years from and after the making thereof, but shall not prevent the making of any new ascertainment and determination whether during or after such period. Whenever the boundaries of any city are the same as those of a county, or when any city shall include within its boundaries more than one county, the power of any county wholly included within such city to become indebted shall cease, but the debt of the county, heretofore existing, shall not, for the purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants, or any such city of this state, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt.

1908. A. No. 772 (Int. 674).

A. J. 293.

12. Restricting legislation as to cities

municipal control of public utilities

(For proposed amendment to this and other sections restricting the power of the legislature over cities and providing for municipal control of public utilities, see p. 337.)

§ 12. The members of the said board and of the said commissions shall be appointed by the Governor, by and with the advice and consent of the Senate; and any member may be removed from office by the Governor for cause, an opportunity having been given him to be heard in his defense.

AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Short ballot

(For proposed amendment to this and other sections providing for the short ballot, see p. 322.)

2. Terms and salaries of members of legislature, governor and lieutenantgovernor short ballot

(For proposed amendment to this and other sections changing the terms and salaries of members of the legislature, governor and lieutenant-governor, and providing for the short ballot, see p. 319.)

13. Existing laws relating to institutions referred to in the foregoing sections and to their supervision and inspection, in so far as such laws are not inconsistent with the provisions of the

Article X, § 1

Constitution, shall remain in force until amended or repealed by the Legislature. The visitation and inspection herein provided for, shall not be exclusive of other visitation and inspection now authorized by law.

AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Initiative, referendum and recall

(For proposed amendment to this and other sections providing for the initiative, the referendum and the recall of elective officers, see p. 293.)

ARTICLE IX

§ 3. The capital of the common school fund, the capital of the literature fund, and the capital of the United States deposit fund, shall be respectively preserved inviolate. The revenue of the said common school fund shall be applied to the support of common schools; the revenue of the said literature fund shall be applied to the support of academies; and the sum of twenty-five thousand dollars of the revenues of the United States deposit fund shall each year be appropriated to and made part of the capital of the said common school fund.

AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Biennial sessions of legislature — United States deposit fund

(For proposed amendment to this and other sections providing for biennial sessions of the legislature and regulating the use of the United States deposit fund for educational purposes, see p. 314.)

ARTICLE X

§ 1. Sheriffs, clerks of counties, district attorneys, and registers in counties having registers, shall be chosen by the electors of the respective counties, once in every three years and as often as vacancies shall happen, except in the counties of New York and Kings, and in counties whose boundaries are the same as those of a city, where such officers shall be chosen by the electors once in every two or four years as the Legislature shall direct. Sheriffs shall hold no other office, and be ineligible for the next term after the termination of their offices. They may be required by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed

Article X, § 1

vacant. But the county shall never be made responsible for the acts of the sheriff. The Governor may remove any officer, in this section mentioned, within the term for which he shall have been elected; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense.

AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Terms of office of sheriffs, county clerks, district attorneys and registers

§ 1. [Sheriffs, clerks of counties, district attorneys, and registers in counties having registers, shall be chosen by the electors of the respective counties, once in every three years and as often as vacancies shall happen, except in the counties of New York and Kings, and in counties whose boundaries are the same as those of a city, where such [officers] officer shall be chosen by the electors] All sheriffs, clerk of counties, district attorneys and registers in counties having registers, now in office shall hold their offices until the expiration of their respective terms. If the terms of office of any of such officers shall expire on the last day of December of an odd numbered year their immediate successors shall be chosen by the electors of their respective counties for three years. All other sheriffs, clerks of counties, district attorneys and registers in counties having registers, shall be chosen by the electors of their respective counties once in every two or four years as the legislature shall direct. Sheriff's shall hold no other office, and be ineligible for the next term after the termination of their offices. They may be required by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. The governor may remove any officer, in this section mentioned, within the term for which he shall have been elected; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense.

1898. A. No. 895 (Int. 779).

A. J. 491.

2. Governor to appoint sheriffs-justices of appellate division to appoint county clerks and registers

81. [Sheriffs, clerks of counties,] [d]District attorneys [and registers in counties having registers,] shall be chosen by the electors of the respective counties, once in every three years and as often as vacancies shall happen, except in the counties of

Article X, § 2

New York and Kings, and in counties whose boundaries are the same as those of a city, where such officers shall be chosen by the electors once in every two or four years as the legislature shall direct. Sheriffs shall be appointed for each of the respective counties by the governor, by and with the advice and consent of the senate, and hold their office until the end of the term of the governor by whom they were nominated, and until their successors are appointed and qualified. Sheriffs shall hold no other office and be ineligible for the next term after the termination of their offices. They may be required by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. Clerks of counties and registers in counties having registers shall be appointed by the justices of that department of the appellate division having jurisdiction over those counties, and such officers must be residents of the county in which they are appointed to serve. The governor may remove any officer, in this section mentioned, within the term for which he shall have been [elected;] appointed; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense.

1910. A. No. 872. (Int. 766).

A. J. 428.

3. Appointment or election of city officers and county officers in city of New York-term removal

(For proposed amendment to this and other sections regarding the appointment or election of city officers and county officers in New York city, their term of office and manner of removal, see p. 335.)

§ 2. All county officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of the respective counties or appointed by the boards of supervisors, or other county authorities, as the Legislature shall direct. All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose. All other officers, whose election or appointment is not provided for by this Constitution, and all officers, whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct.

PART II-9