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Defence,

Compensation

for private

for public use.

Opening of

the militia when in actual service, and in the land and naval forces in time of war, or in the forces which the State may keep with the consent of Congress, in time of peace, and in cases of petit larceny under the regulations of the Legislature. In any trial in any court the party accused shall be confronted with the witnesses against him, and be allowed to appear and defend in person and with counsel as in civil actions. No person shall be

twice put in jeopardy for the same offence, nor shall he be comaccused persons. pelled in any criminal case to be a witness against himself;

nor be deprived of life, liberty or property without due process Private property of law; nor shall private property be taken for public use,

without just compensation.

Sec. 7. When private property shall be taken for public use, property taken the compensation to be made therefor, when such compensation

is not made by the State, shall be ascertained by a jury, or not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the

manner to be prescribed by law; but in every case the necessity private roads.

of the road and the amount of damage to be sustained by the opening thereof, shall be first determined by a jury of freeholders, and such amount, with the expenses of the proceedings, shall be paid by the person to be benefited. The fee of land taken for railroad tracks, without consent of the owners thereof, shall remain in such owners, subject to the sole possession of the railroad company while used for such purposes. General laws may be passed permitting the owners or occupants of lands to construct and maintain necessary drains and ditches for agricultural purposes, across the lands of others, under proper restrictions and with just compensation; but no special laws shall be enacted for such purposes.

Sec. 8. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions for libel, the truth may be given in evidence to the jury; and if it shall appear that the matter charged as libellous is true and was published with good motives and for justifiable ends, the accused shall be acquitted; and the jury shall have the right to determine the law and the fact.

Fee of railroad

lands.

Drains and

ditches.

Freedom of speech and of

the press.

Libel.

No anreasonable

seizures or searches.

Sec. 9. The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and

naval forces in time of war, or which this State may keep with the consent of Congress, in time of peace; and in cases of petit larceny, under the regulation of the Legislature,) unless on presentment or indictment of a grand jury, and in any trial in any court whatever, the party accused shall be allowed to appear and defend in person and with counsel as in civil actions. No person shall be subject to be twice put in jeopardy for the same offence; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property, without due process of law; nor shall private property be Private property taken for public use, without just compensation.

Defence.

Rights of

accused persons.

for public use.

for public use.

SEC. 7. When private property shall be taken for any public Compensation use, the compensation to be made therefor, when such compen- property taken sation is not made by the State, shall be ascertained by a jury, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road, and the amount of all damage to be sustained by the opening thereof, shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited.

Opening of private roads.

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SEC. 8. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury, that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

Libel.

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No warrant

without

searches, shall not be violated; and no warrant shall issue withprobable cause. out probable cause, supported by oath or affirmation, particularly

describing the place to be searched and the persons and things to be seized.

Right of petition.

Sec. 10. No law shall be passed abridging the right of the people peaceably to assemble and petition the government or any department thereof.

(See Art. I., Sec. 20, Proposed Constitution.)

Right of property

in lands.

Escheats.

Feudal tenures

abolished.

Allodial tenare.

SEC. 11. The people of this State, in their right of sovereignty, are deemed to possess the original and ultimate property in and to all lands within the jurisdiction of the State; and all lands, the title to which shall fail from a defect of heirs, shall revert or escheat to the people.

Sec. 12. All feudal tenures of every description, with all their incidents, are declared to be abolished; saving, however, all rents and services certain which at any time heretofore have been lawfully created or reserved.

Sec. 13. All lands within the State are declared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners according to the nature of their respective estates.

SEC. 14. No lease or grant of agricultural land hereafter made for a longer period than twenty years, in which is reserved any rent or service, shall be valid.

Sec. 15. All fines, quarter-sales, or other like restraints upon alienation, reserved in any grant of land hereafter to be made, shall be void.

SEC. 16. Such parts of the common law, and of the acts of the the Legislatnro Legislature of the Colony of New York, as together did form the

laws of the said colony on the nineteenth day of April, one thousand seven hundred and seventy-five, and the resolutions of the Congress of the said colony, and of the Convention of the State of New York, in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired or been repealed or altered, and such acts of the Legislature as are now in force, shall be and continue the law, subject

Certain leases

invalid.

Fines & quarter sales abolished.

Old colony laws

and acts of

Common law.

Two-third bills.

Divorces.

hibited.

in lands.

Escheats,

Fendal tenures

abolished.

SEC. 9. The assent of two-thirds of the members elected to each branch of the Legislature, shall be requisite to every bill appropriating the public moneys or property for local or private purposes.

Sec. 10. No law shall be passed abridging the right of the Right of petition. people peaceably to assemble and to petition the government, or any department thereof, nor shall any divorce be granted, otherwise than by due judicial proceedings; nor shall any lottery hereafter be authorized or any sale of lottery tickets allowed Lotteries prowithin this State.

SEC. 11. The people of this State, in their right of sovereignty, Right of property are deemed to possess the original and ultimate property in and to all lands within the jurisdiction of the State: and all lands the title to which shall fail, from a defect of heirs, shall revert, or escheat to the people.

Sec. 12. All feudal tenures of every description, with all their incidents, are declared to be abolished, saving however all rents and services certain which at any time heretofore have been lawfully created or reserved.

Sec. 13. All lands within this State are declared to be allodial, Allodial tenure. so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners, according to the nature of their respective estates.

SEC. 14. No lease or grant of agricultural land, for a longer Certain lenses period than twelve years, hereafter made, in which shall be reserved any rent or service of any kind, shall be valid.

SEC. 15. All fines, quarter sales, or other like restraints upon Fines & quarter alienation reserved in any grant of land, hereafter to be made, shall be void.

Sec. 17. Such parts of the common law, and of the acts of the old colony laws Legislature of the Colony of New York, as together did form the Legislaturethe law of the said colony on the nineteenth day of April, one thousand seven hundred and seventy-five, and the resolutions of the Congress of the said colony, and of the Convention of the State of New York in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered; and such acts of the Legislature of this State as are now in force, shall be and continue

invalid.

sales abolished.

Common law.

to repeal or to such alterations as the Legislature shall make. But all such parts of the common law, and of such of the said acts or parts thereof as are repugnant to this Constitution, are hereby abrogated.

Grants of land

since 1775.

Grants prior to

1775.

SEC. 17. Grants of land within the State, made by the King of Great Britain, or persons acting under his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be void; but nothing in this Constitution shall affect any grants of land made by the authority of the said king or his predecessors, or shall annul any charters to bodies politic or corporate by him or them made before that day, or shall affect any such grants or charters since made by the State, or by persons acting under its authority, or shall impair the obligation

debts contracted by the State or individuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice.

of any

Sale of Indian lands since 1775.

SEC. 18. No purchase of lands, or contract for the sale thereof, made since the fourteenth day of October, one thousand seven hundred and seventy-five, or which may hereafter be made, of or with the Indians, shall be valid, unless made under the authority and with the consent of the Legislature.

Sec. 19. The right to take fish, in any of the international waters bordering on this State, shall not be denied or restrained.

SEC. 20. No divorce shall be granted in this State, except by the judgment of a court of competent jurisdiction.

Right to fish,

Divorces.

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