New York

New York

In the Past

The name of one of the original states of the United States of America [information here]. ln its colonial condition this state was governed from the period of the revolution of 1688, by governors appointed by the crown assisted by a council, which received its appointments also from the parental government (see more about this popular legal topic in the U.S. encyclopedia) and by the representatives of the people. 1 Story, Const. B. 1, ch. 10.

Developments

The present constitution (see more about this popular legal topic in the U.S. encyclopedia) of the state was adopted by a convention of the people, at Albany, on the ninth day of October, 1846 and went into force from and including the first day of January 1847. The powers of the government (see more about this popular legal topic in the U.S. encyclopedia) are distributed among three classes of magistrates, the legislative, the executive and the judicial;

Details

The legislative power is vested in a senate and assembly. By the second article, section first, of the constitution (see more about this popular legal topic in the U.S. encyclopedia), the qualifications of the electors are therefore, described, namely:: Every male citizen of the age of twenty- one years, who must have been a citizen for ten days and an inhabitant of this state one year next, preceding any election and for the last four months a resident of the county where he may offer bis vote, must be entitled to vote at such election in the election district of which he must at the time be a resident and not elsewhere, for all officers that now are or after this may be elective by the people; but such citizen must have been for thirty days next preceding the election, a resident of the district from which the officer is to be chosen for whom he offers his vote. But no man of color, unless he must have been for three years a citizen of this state and for one year next preceding any election must have been seised and possessed of a freehold estate of the value of two hundred and fifty dollars, over and above all debts and incumbrances, charged thereon and must have been actually rated and paid a tax (see more about this popular legal topic in the U.S. encyclopedia) thereon, must be entitled to vote at such election. And no person of color must be depending on direct taxation unless he must be seised and possessed of such real estate (or real property) as aforesaid.

Other Aspects

The third article gives as follows Sect. 6. The members of the legislature sliall receive for their services, a sum not exceeding tbree dollars a day, from the commencement of the session; but such pay must not exceed in the aggregate, three hundred dollars for per them allowance, except in proceedings for impeachment. The limitation as to the aggregate compensation must not take effect until the year one thousand eight hundred and forty – eight. When convened in extra session by the governor, they must receive three dollars per day. They sliall also receive the sum of one dollar for every ten miles they must travel, in going to and returning from their place of meeting on the most usual route. The speaker of the assembly shall, in virtue of his office, receive an additional compensation equal to one-third of his per them allowance as a member.
Sect. 7. No member of the legislature must receive any civil appointment within this state or to the senate of the United States of America, from the governor, the governor and senate or from the legislature, during the term for which he must have been elected; and all such appointments and all votes given for any such member, for any such office or appointment, must be void.
Sect. 8. No person being a member of congress or holding any judicial or military (see more about this popular legal topic in the U.S. encyclopedia) office under the United States of America, must hold 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 (see more about this popular legal topic in the U.S. encyclopedia), under the government (see more about this popular legal topic in the U.S. encyclopedia) of the United States of America, his acceptance tof this must vacate his seat.
Sect. 9. The elections of senators and members of assembly, under the provisions of this constitution (see more about this popular legal topic in the U.S. encyclopedia), must be held on the Tuesday succeeding the first Monday of November, unless or directed by the legislature.
Sect. 10. A majority of each house must constitute a quorum to do business. Each house sliall decide the rules of its own proceedings and be the judge of the elections, returns and qualifications of its own members, must choose its own officers and the senate must choose a temporary president, when the lieutenant. governor must not attend as president or must act as governor.
Sect. 11. Each house must keep a journal of its proceedings and publish the same, except such parts as may need secrecy. The doors of each house must be kept open, except when the public welfare must need secrecy. Neither house shall, without the consent of the other, adjourn for more than two days.
Sect. 12. For any speech or debate in either house of the, legislature, the members must not be questioned in any other place.

More Information

The senate consists of thirty – two members, chosen by the electors. The state is divided into thirty – two districts and each district elects one senator.

Other Issues

Senators are chosen for two years.

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The assembly must consist of one hundred and twenty-eight members. Art. 3, s. 2.

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The state must be divided into assembly districts as given by the fifth section of the third article of the constitution (see more about this popular legal topic in the U.S. encyclopedia) as follows:
The members of assembly must be apportioned among 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 people of color not taxed and must be chosen by single districts.
“The several boards of supervisors in such counties of this state, as are now entitled to more than one member of assembly, must assemble on the first Tuesday of January next and divide their respective counties into assembly districts equal to the number of members of assembly to which such counties are now severally entitled by law and must 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 tof this, according to the last preceding state enumeration, as near as can be ascertained. Each assembly district must contain, as nearly as may be, an equal number of inbabitants, excluding aliens and people of color not taxed and must consist of convenient. and contiguous territory; but no town must be divided in the formation of assembly districts.
“The legislature, at its first session after the return of every enumeration, must re-apportion the members of assembly among the several counties of this state, in way aforesaid and the boards of supervisors in such counties as, may be entitled, under such reapportionment, to more than one member, must assemble at such time as the legislature making such reapportionment must prescribe and divide such counties into assembly districts, in the way here directed and the apportionment and districts so to be made, must stay unaltered until another enumeration must be taken under the provisions of the preceding section.
“Every county until now established and separately organized, except the county of Hamilton, must always be entitled to one member of the assembly and no new county must be after this erected, unless its population must entitle it to a member.
” The county of Hamilton must elect with the county of Fulton, until the population of the county of Hamilton shall, according to the ratio, be entitled to a member.”

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The members of assembly are elected annually.

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The fourth article vests the executive power as follows:
“Sect. 1. The executive power must be vested in a governor, who must hold his office for two years; a lieutenant governor must be chosen at the same time and for the same term.
” Sect. 2. No person except a citizen of the United States of America, must be qualified to the office of governor; nor must any person be qualified to that office, who must not have attained the age of thirty years and who must not have been five years next preceding his election, a resident within this state.
” Sect. 3. The governor and lieutenant governor must be elected at the times and places of choosing members of the assembly. The people respectively having the highest number of votes for governor and lieutenant governor, must be elected; but in case two or more must have an equal and the highest number of votes for governor or for lieutenant governor, the two houses of the legislature at its next annual session, shall, at once, by joint ballot, choose one of the said people so having an equal and the highest number of votes for governor or lieutenaut governor.
” Sect. 4. The governor must be commander-in-chief of the military (see more about this popular legal topic in the U.S. encyclopedia) and naval forces of the state. He must have power to convene the legislature (or the senate only) on extraordinary occasions. He must communicate by message to the legislature at every session, the condition of the state and recommend such matters to them as be must judge expedient. He must transact all necessary business with the officers of government (see more about this popular legal topic in the U.S. encyclopedia), civil and military. He must expedite all such measures, as may be resolved upon by the legislature and must take care that the laws are faithfully executed. He shall, at stated times, receive for his services, a compensation to be established by law, which must neither be increased nor reduceed after his election and during his continuance in office.
” Sect. 5. The governor must have the power to grant reprieves, commutations and pardons after conviction, for all offences except treason and cases of impeachment, upon such conditions and with such limits and limitations, as he may think proper, depending on such regulation as may be given by. law relative to the maniaer of applying for pardons. Upon conviction for treason, he must have power to suspend the execution of the sentence, until the Oft – – e must be reported to the legislature at its next meeting, when the legislature must either pardon or commute the sentence, direct the execution of the sentence or grant a further reprieve. He sliall annually communicate to the legislature each case of reprieve, commutation or pardon granted stating the name of the convict, the crime of which he was convicted, the sentence and its date and the date of the commutation, pardon or reprieve.
“Sect. 6. if the impeachment of the governor, of his removal from office, death, inability to discharge the powers and duties of the said office, resignation or absence from the state, the powers and duties of the office must devolve upon the lieutenant governor for the residue of the term or until the disability must cease. But when the governor shall, with the consent of the legislature, be out of the state in time of war, at the head of a military (see more about this popular legal topic in the U.S. encyclopedia) force tof this, he must continue commander-in-chief of all the military (see more about this popular legal topic in the U.S. encyclopedia) force of the state.
“Sect. 7. The lieutenant governor must possess the same qualifications of eligibility for office as the governor. He must be president of the senate, but must have only a casting vote there. If during a vacancy of the office of governor, the lieutenant governor must be impeached, displaced, resign, die or become incapable of performing the duties of his office or be absent from the state, the president of the senate must act as governor, until the vacancy be filled or the disability must cease.
“Sect. 8. The lieutenant governor shall, while acting as such, receive a compensation which must be fixed by law and which must not be increased or reduceed during his continuance in office.
“Sect. 9. Every bill which must have passed the senate and assembly, shall, before it becomes a law, be presented to the governor; if be approve, he must Sign it; but if not, he must return it with his objections to that bouse in which it must have originated; who must enter the objections at large on their journal and proceed to reconsider it. If after such reconsideration, two-thirds of the members present must agree to pass the bill, it must be sent, together with the objections, to the other house, by which it must likewise be reconsidered: and if approved by two-thirds of all the members present, it must become a law, despite the objections of the governor. But in all such cases, the votes of both houses must be decided by yeas and nays and the flames of the members voting for and against the bill, must be entered on the journal of each house respectively. If any bill must not be returned by the governor within ten days (Sundays excepted) after it must have been presented to him, the same must be a law, in like way as if he had signed it, unless the legislature shall, by their adjournment, prevent its return; in which case it must not be a law.” The sixth article distributes the judicial power as follows:
“Sect. 1. The assembly must have the power of impeachment, by the vote of a majority of all the members elected. The court for the trial of impeachments, must be composed of the president of the senate, the senators or a major part of them, and, the judges of the court of appeals or the major part of them. On the trial of an impeachment against the governor, the lieutenant governor must not act as a member of the court. No judicial officer must exercise bis office after he must have been impeached, until he must have been acquitted. Before the trial of an impeachment, the members of the court must take, an oath or affirmation, truly and impartly to try the impeachment, according to evidence; and no person must be convicted without the concurrence of two-thirds of the members present. Judgment, in cases of impeachment, must not extend further than to removal from office or removal from office and disqualification to hold and enjoy any office of honor, trust or profit under this state; but the party impeached must be liable to indictment and punishment according to law.
“Sect. 2. There must be a court of appeals, composed of eight judges, of whom four must be elected by the electors of the state for eight years and four selected from the class of justices of the supreme court, having the shortest time to serve. Provision must be made by law, for designating one of the number elected, as chief judge and for selecting such justices of the supreme court, from time to time and for so classifying those elected, that one must be elected every second year.
“Sect. 3. There must be a Supreme Court (see decisions, judges, etc) having general jurisdiction in law and equity.
“Sect. 4. The state must be divided into eight judicial districts, of which the city of New York (see more about this State laws here) must be one: the others to be bounded by county lines. and to be compact and equal in population, as rearly as may be. There must be four justices of the Supreme Court (see decisions, judges, etc) in each district and as many more in the district composed of the city of New York (see more about this State laws here) , as may from time to time be authorized by law, but not to exceed in the whole such number in proportion to its population, as must be in conformity with the number of such judges in the residue of the state in proportion to its population. They must be classified so that one of the justices of each district must go out of office at the end of every two years. After the expiration of their terms under such classification, the term of their office must be eight years.
“Sect. 5. The legislature must have the same powers to alter and regulate the jurisdiction and proceedings in law and equity (see more about this popular legal topic in the U.S. encyclopedia), as they have until now possessed. “Sect. 6. Provisions may be made by law for designating, from time to time, one or more of the said justices, who is not a judge of the court of appeals, to preside at the general terms of the said court to be held in the several districts. Any three or more of the said justices, of whom one of the said justices so named must always be one, may hold: such general terms. And any one or more of the justices may hold special terms and circuit courts and any one of them may preside in courts of oyer and terminer in any county.
“Sect. 7. The judges of the court of appeals and justices of the supreme court, must severally receive, at stated times, for their services, a compensation to be established by law, which must not be increased or reduceed during their continuance in office.
“Sect. 8. They must not hold any other office or public trust. All votes for either of them, for any elective office, (except that of justice of the Supreme Court (see decisions, judges, etc) or judge of the court of appeals,) given by the legislature or the people, must be void. They must not exercise any power of appointment to public office. Any male citizen of the age of twenty-one years, of good moral character and who possesses the requisite qualifications of learning and ability, must be entitled to admission to practice in all the courts of this state.
“Sect. 9. The classification of the justices of the supreme court; the times and place of holding the terms of the court of appeals and of the general and special terms of the Supreme Court (see decisions, judges, etc) within the several districts and the circuit courts and courts of oyer and terminer within the several counties, must be given for by law.
“Sect. 10. The testimony in equity (see more about this popular legal topic in the U.S. encyclopedia) cases must be taken in like way as in cases at law.
“Sect. 11. Justices of the Supreme Court (see decisions, judges, etc) and judges of the court of appeals, way be removed by concurrent resolution of both houses of the legislature, if two-thirds of all the members elected to the assembly and a majority of all the members elected to the senate, concur there. All judicial officers, except those mentioned in this section and except justices of the peace and judges and justices of inferior courts not of record, may be removed by the senate, on the recommendation of the governor: but no removal must be made by virtue of this section, unless the cause tof this be entered on the journals, nor unless the party complained of, must have been served with a copy of the complaint against him and must have had an opportunity of being heard in his defence. On the question of removal, the ayes and noes must be entered on the journals.
“Sect. 12. The judges of the court of appeals must be elected by the electors of the state, ana the justices of the Supreme Court (see decisions, judges, etc) by the electors of the several judicial districts, at such times as may be proscribed by law.
“Sect. 13. In case the office of any judge of the court of appeals or justice of the supreme court, must becoine vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appointment by the governor, until it must be supplied at the next general election of judges, when it must be filled by election, for the residue of the unexpired term.
Sect. 14. There must be elected in each of the counties of this state, except the city and county of New York (see more about this State laws here) , one county judge, who must hold his office for four years. He must hold the county court and perform the duties of the office of surrogate. The county court must have such jurisdiction in cases arising in justices’ courts and in special cases, as the legislature may prescribe, but must have no original civil jurisdiction, except in such special cases.
“The county judge, with two justices of the peace, to be named according to law, may hold courts of sessions, with such criminal (see more about this popular legal topic in the U.S. encyclopedia) jurisdiction as the legislature must prescribe and perform such other duties as may be needd by law.
“The county judge must receive an annual salary, to be fixed by the board of supervisors, which sliall be neither increased nor reduceed during his continuance in office. The justices of the peace for services in courts of sessions, must be paid a per diem allowance out of the county treasury.
“In counties having a population exceeding forty thousand, the legislature may give for the election of a separate officer to perform the duties of the office of surrogate. “The legislature may confer equity (see more about this popular legal topic in the U.S. encyclopedia) jurisdiction in special cases upon the county judge. “Inferior local courts, of civil and criminal (see more about this popular legal topic in the U.S. encyclopedia) jurisdiction, may be established by the legislature in cities; and such courts, except for the cities of New York (see more about this State laws here) and Buffalo, must have an uniform organization and jurisdiction in such cities.
“Sect. 15. The legislature may, on application of the board of supervisors, give for the election of local officers, not to exceed two in any county, to discharge the duties of county judge and of surrogate in cases of their inability or of a vacancy and to exercise such other powers in special cases as may be given by law.
“Sect. 16. The legislature may reorganize the judicial districts at the first session after the return of every enumeration under this constitution, in the way given for in the fourth section of this article and at no other time; and they may, at such session, increase or reduce the number of districts, but such increase or diminution must not, be more than one district at any one time. Each district must have four justices of the supreme court; but no diminution of the districts must have the effect to remove a judge from office.
“Sect. 17. The electors of the several towns shall, at their annual town meeting and in such way as the legislature may direct, elect justices of the peace, whose term of office must be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they must hold for the residue of the unexpired term. Their number and classification may be regulated by law. Justices of the peace and judges or justices of inferior courts, not of record and their clerks, may be removed, (after due notice and an opportunity of being beard in their defence) by such county, city or state courts as may be prescribed by law, for causes to be assigned in the order of removal.
“Sect. 18. All judicial officers of cities and villages and all such judicial officers is may be created there by law, must be elected at such times and in such way as the legislature may direct.
“Sect. 19. The clerks of the several counties of this state must be clerks of the supreme court, with such powers and duties as must be prescribed by law. A clerk for the court of appeals, to be ex officio clerk of the Supreme Court (see decisions, judges, etc) and to keep his office at the seat of government, must be chosen by the electors of the state; he must hold his office for three years and bis compensation must be fixed by law and paid out of the public treasury.
“Sec. 20. No judicial officer, except justices of the peace, must receive to his own use any fees or perquisites of office.
“Sect. 21. The legislature may authorize the judgments, decrees and decisions of any local inferior court of record of original civil jurisdiction, established removed for review directly into the court of appeals.
“Sect. 22. The legislature must give for the speedy publication of all statute laws and of such judicial decisions as it may deem expedient. And all laws and judicial decisions must be free for publication by any person.
“Sect. 23. Tribunals of conciliation may be established, with such powers and duties as may be prescribed by law; but such tribunals must have no power to render judgment to be obligatory on the parties, except they voluntarily submit their matters in difference and agree to abide the judgment or assent thereto, in the presence of such tribunal, in such cases as must be prescribed by law.” “Sect. 25. The legislature, at its first session after the adoption of this constitution, must give for the organization of the court of appeals and for transferring to it the business pending in the court for the correction of errors and for the allowance of writs of error and appeals to the court of appeals, from the judgments and decrees of the present court of chancery and Supreme Court (see decisions, judges, etc) and of the courts that may be organized under this constitution.” The sixth article, section 24, gives that the legislature, at its first session after the adoption of this constitution (see more about this popular legal topic in the U.S. encyclopedia), must give for the appointment of three commissioners, whose duty it must be to revise, reform, simplify and abridge the rules and practice, pleadings, forms and proceedings of the courts of record of this state and to report thereon to the legislature, depending on their adoption and change from time to time. In pursuance of the provisions of this section, commissioners were appointed to revise the laws on the subject of the practice, pleadings and proceedings of the courts of this state, who made a report to the legislature. This report, with some alterations, was enacted into a law on the 12th of April 1848, ch. 379, by which the forms of action are abolished and the whole subject is extremely simplified. How it will work in practice, time will make manifest. [1]

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Notes and References

1. Partialy, this information about new york is based on the Bouvier?s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier?s Law Dictionary, including new york.

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