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apportioned and

chosen.

districts.

Description of Assembly dis

tricts to be filed.

territory; and no county shall be divided in the formation of a senate district except such county shall be equitably entitled to two or more senators.

(See Art. III., Sec. 2, Present Constitution.)

Sec. 5. The members of Assembly shall be apportioned among Assembly, how the several counties of this State, by the Legislature, as nearly as may be, according to the number of their respective inhabitants, excluding aliens and persons of color not taxed, and shall be chosen by single districts.

The several boards of supervisors in such counties of this State, Boards of Superas are now entitled to more than one member of assembly, shall counties to divide assemble on the first Tuesday of January next, and divide their into Assembly respective counties into assembly districts equal to the number of members of assembly to which such counties are now severally entitled by law, and shall cause to be filed in the offices of the secretary of state, and the clerks of their respective counties, a description of such assembly districts, specifying the number of each district and the population thereof, according to the last preceding State enumeration, as néar as can be ascertained. Each assembly district shall contain, as nearly as may be, an equal Contents of Asnumber of inhabitants, excluding aliens and persons of color not sembly districts. taxed, and shall consist of convenient and contiguous territory; but no town shall be divided in the formation of assembly districts.

The county of Hamilton shall elect with the county of Fulton, County of Hamuntil the population of the county of Hamilton shall, according to the ratio, be entitled to a member.

Every county heretofore established and separately organized, Each county except the county of Hamilton, shall always be entitled to one member of the assembly, and no new county shall be hereafter erected, unless its population shall entitle it to a member.

The Legislature, at its first session after the return of every Legislature to reenumeration, shall reapportion the members of assembly among bers of Assembly. the several counties of this State, in manner aforesaid, and the boards of supervisors in such counties as may be entitled, under such reapportionment to more than one member, shall assemble at such time as the Legislature making such reapportionment shall prescribe, and divide such counties into assembly districts, in the manner herein directed; and the apportionment and districts so to be made shall remain unaltered until another enumeration shall be taken under the provisions of the preceding section.

Sec. 6. The members of the Legislature shall receive for their Pay Per members

ilton.

entitled to one

member.

annual salary of one thousand dollars, and ten cents for every mile they shall travel in once going to and returning from their place of meeting, by the most usual route.

Additional com

pensation to Speaker.

The speaker of the assembly shall receive an additional salary of five hundred dollars; but the Legislature shall provide by law for a deduction from the salary of members for non-attendance.

Sec. 6. No member of the Legislature shall be appointed to an appointment. any civil office within the State, by the governor, the governor

and senate, or by the Legislature, during the time for which he shall have been elected; and all such appointments and all votes given for any such member therefor shall be void.

No member to

receive

Persons disquali

fied from

Nor shall any member of Congress or any judicial or military being members. officer under the United States hold a seat in the Legislature.

If any person, after his election to the Legislature, shall be elected to Congress or appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat.

Time of election

fixed.

Sec. 7. The election of members of the Legislature, shall be held on the Tuesday succeeding the first Monday in November, unless otherwise directed by law. The first election shall be held in the year one thousand eight hundred and sixty-nine. The

legislative term shall begin on the first day of January, and the Legislature to Legislature shall every year assemble on the first Tuesday in

January, unless a different day be appointed by law. The members of the Legislature who may be in office on the first day of January, one thousand eight hundred and sixty-nine, shall hold their offices until and including the 31st day of December of that year, and no longer.

SEO. 8. A majority of each house shall constitute a quorum. Each house shall determine the rules of its own proceedings, and be the judge of the election, returns and qualifications of its members; shall choose its own officers; and the Senate shall choose a temporary president to preside when the Lieutenant

Powers of each

house,

pensation to Speaker.

services a sum not exceeding three dollars a day, from the commencement of the session; but such pay shall not exceed in the aggregate three hundred dollars for per diem allowance, except in proceedings for impeachment. The limitation as to the aggregate compensation shall not take effect until the year one thousand eight hundred and forty-eight. When convened in extra session by the governor, they shall receive three dollars per day. They shall also receive the sum of one dollar for every ten miles they shall travel, in going to and returning from their place of meeting, on the most usual route. The speaker of the assembly Additional comshall, in virtue of his office, receive an additional compensation equal to one-third of his per diem allowance as a member.

Sec. 7. No member of the Legislature shall receive any civil No member to appointment within this State, or to the senate of the United an appointment. States, from the governor and senate, or from the Legislature during the term for which he shall have been elected; and all such appointments, and all votes given for any such member, for any such office or appointment, shall be void.

SEC. 8. No person being a member of Congress, or holding Persons disqualiany judicial or military office under the United States, shall hold being members. a seat in the Legislature. And if any person shall, after his election as a member of the Legislature, be elected to Congress, or appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat.

SEC. 9. The elections of Senators and Members of Assembly, Time of election pursuant to the provisions of this Constitution, shall be held on the Tuesday succeeding the first Monday of November, unless otherwise directed by the Legislature.

(See Art. X., Sec. 6, Present Constitution.)

fixed.

Sec. 10. A majority of each house shall constitute a quorum Powors of each to do business. Each house shall determine the rules of its own proceedings, and be the judge of the elections, returns and qualifications of its own members; shall choose its own officers; and the Senate shall choose a temporary president, when the Lieute

Secretary of State to organize

Assembly.

Expulsion.

Governor shall not attend as president, or shall act as Governor. The Secretary of State shall call the Assembly to order at the opening of each new Assembly, and preside over it until a presiding officer thereof shall have been chosen and shall have taken his seat. No member shall be expelled by either house, except by a vote of a majority of all the members elected to that house, and no member shall be twice expelled for the same offence.

Sec. 9. Each house shall keep a journal of its proceedings

and publish the same, except such parts as may require secrecy. Secret session. The doors of each house shall be kept open, except when the

public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days.

Sec. 10. For any speech or debate in the Legislature the members shall not be questioned in any other place.

Journals to be

kept.

Recess.

No member to be questioned, &c.

Bills may originate in either

house.

of bills,

Sec. 11. Any bill may originate in either house of the Legislature; and bills passed by one house may be amended by the

other. Enacting clause Sec. 12. The enacting clause of bills shall be “The People of

the State of New York, represented in Senate and Assembly, do enact as follows," and no law shall be passed except by bill.

SEC. 13. No bill shall be passed unless by the assent of a majority of the members elected to each house. The question

upon the final passage shall be taken immediately upon the last final passager reading; and the yeas and nays shall be entered on the journal.

Assent of a ma

jority of all the members re

quired. Question on

Restriction as to

all laws.

amendment of

laws.

Sec. 14. No law shall embrace more than one subject, which

shall be named in the title; but if the title contain only one subHow far void. ject, the law shall be valid as to that, and void as to all other Alteration or subjects. No law shall be revived, altered or amended by refer

ence to its title only, but the act revived, or the section or sections thereof as altered or amended, shall be re-enacted and published at length.

SEC. 15. On the day of its final adjournment, the Legislature shall adjourn at twelve o'clock at noon.

Sec. 16. The Legislature shall not audit or allow any private claim or account against the State, nor pass any special law in relation thereto, but may appropriate money to pay such claims as shall have been audited and allowed according to law.

Sec. 17. The Legislature shall not grant any extra compensa tion prohibited.

tion to any public officer, servant, agent or contractor, nor

Final adjournment.

Private claims.

Extra compensa

nant-Governor shall not attend as president, or shall act as Governor.

.

Recess.

questioned, &c.

nate in either

house.

Sec. 11. Each house shall keep a journal of its proceedings, Journals to be and publish the same, except such parts as may require secrecy. The doors of each house shall be kept open, except when the Secret session. public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days.

Sec. 12. For any speech or debate in either house of the No member to be Legislature, the members shall not be questioned in any

other place.

SEC. 13. Any bill may originate in either house of the Legis- Bills may origilature, and all bills passed by one house may be amended by the other.

SEC. 14. The enacting clause of all bills shall be “ The People Enacting clause of the State of New York, represented in Senate and Assembly, do enact as follows,” and no law shall be enacted except by bill.

Sec. 15. No bill shall be passed unless by the assent of a ma- Assent of a majority of all the members elected to each branch of the Legis- the members relature, and the question upon the final passage shall be taken immediately upon its last reading, and the yeas and nays entered on the journal.

Sec. 16. No private or local bill, which may be passed by the Restriction as to Legislature, shall embrace more than one subject and that shall be expressed in the title.

of bills.

quired. Question on final passage.

bills.

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