(k) This section does not restrain the power of the legislature to create new civil divisions or districts for the general and permanent purposes of civil government, which recognize and do not abolish the established divisions into counties, towns and cities, and to appoint officers of the district thus organized, whether the offices, whose functions they are to discharge were created before or since the constitution. People v. Pickney, 32 N. Y. 382; People ex rel. Wood v. Draper, 15 Id. 532. Compare People ex rel. Bolton v. Albertson, distinguishing and limiting the two last cited cases, 55 N. Y. 50.

(1) The scope and effect of this section considered in discussing the validity of legislation providing for minority representation in appointments, and the authorities reviewed: People ex rel. Rathbone v. Wirth, 150 N. Y. 459.

Duration of term of office.

XVIII. When the duration of any office is not provided by this constitution, it may be declared by law, and if not so declared, such office shall be held during the pleasure of the authority making the appointment. (N. Y. Cons. Art. 10, Sec. 3.)

(a) When the duration is once declared by law the legislature cannot extend the term of the office so as to effect the present incumbent. People v. Bull, 46 N. Y. 57; People ex rel. Le Roy v. Foley, 148 Id. 677.

(b) Where the power of appointment is conferred in general terms the power of removal at will by the appointing power exists, unless limited by some other provision of law. People ex rel. McCullough v. Cram, 15 Misc., 12; s. c., 36 N. Y. Supp. 1117; 72 N. Y. State Rep. 266; People v. Robt., 126 N. Y. 180.

(c) The provision of this section which declares that, where the duration of an office is not provided by the constitution or declared by law, 'such office shall be held during the pleasure of the authority making the appointment," applies only when the power of appointment is continuous, and does not apply where such power is specifically declared by statute to be exercised by a certain officer, and not to one who at some future time may be an incumbent of that office. Bergen v. Powell, 94 N. Y. 591

Classification of cities; general and special city laws; bills for same; how passed by legislature and acceptance by city.

XIX. All cities are classified according to the latest state enumeration, as from time to time made, as follows: The first class includes all cities having a population of two hundred and fifty thousand, or more; the second class, all cities having a population of fifty thousand and less than two hundred and fifty thousand; the third class, all other cities. Laws relating to the property, affairs or government of cities, and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more

classes; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city, has been passed by both branches of the legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the house from which it was sent, or if the session of the legislature at which such bill was passed has terminated, to the governor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same.

In every city of the first class, the mayor, and in every other city, the mayor and the legislative body thereof concurrently, shall act for such city as to such bill; but the legislature may provide for the concurrence of the legislative body in cities of the first class. The legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided, by every such city. Whenever any such bill is accepted as herein provided, it shall be subject as are other bills, to the action of the governor. Whenever, during the session at which it was passed, any such bill is returned without the acceptance of the city or cities to which it relates, or within such fifteen days is not returned it may nevertheless again be passed by both branches of the legislature, and it shall then be subject as are other bills, to the action of the governor. In every special city law which has been accepted by the city or cities to which it relates, the title shall be followed by the words "accepted by the city," or "cities," as the case may be, in every such law which is passed without such acceptance, by the words "passed without the acceptance of the city," or "cities," as the case may be. (N. Y. Cons. Art. 12, Sec. 2.)

(a) By Laws 1895, ch. 9, the proceedings before the mayor pursuant to this section are provided for as follows:

Notice to be given by mayor as to bill affecting the city.

SECTION 1. Whenever a certified copy of any bill for a special city law shall be transmitted to the mayor of any city of the first class, pursuant to the provisions of the second section of the twelfth article of the constitution of this state, the said mayor shall forthwith, upon the receipt thereof, fix a day for a public hearing in such city concerning such bill,

and shall give public notice of the time and place of such hearing, by publishing said notice for two successive days in two daily newspapers published in said city and designated by him. Said notice shall also contain the title of the bill and any explanatory statement concerning the same which the mayor shall deem advisable.

Id.; hearing.

§ 2. The mayor shall attend at the time and place appointed for such hearing, and shall afford an opportunity for a public hearing concerning such bill.

Id.;

when and how bill to be returned by mayor; contents of certificate. § 3. After such hearing, and within fifteen days after the transmission to him of a certified copy of such bill, the said mayor shall return the same to the house from which it was sent, or if the session of the legislature at which such bill was passed has terminated, to the governor, with the mayor's certificate thereon stating whether the city has or has not accepted the same. The mayor shall also append to said certified copy of such bill a further certificate stating that the public notice herein provided for has been given, and that an opportunity for a public hearing concerning such bill has been afforded, pursuant to the provisions of this act, and such certificate shall be conclusive evidence thereof.

Id.; duties of clerk on return of mayor's certificate; indorsement on bill.

§ 4. The clerk of the house in which such bill originated shall indorse upon the original bill to be presented to the governor, and upon the certified copy thereof to be transmitted to the mayor, the date of such transmission. The said clerk, if the certified copy of said bill is returned to the house in which the bill originated, or the governor, if said certified copy is returned to him, shall indorse the date of such return upon the said original bill and also upon said certified copy thereof. In every case in which a bill for a special city law has been accepted by the city or cities to which it relates, the certified copy or copies thereof transmitted to the mayor or mayors of said city or cities and returned by him or them, with the certificates indorsed thereon or appended thereto, shall be attached to the original bill and presented therewith to the governor.

Id.; expenses of hearing, etc., to be a city charge; appropriation therefor.

§ 5. The expense incurred by the mayor of any city of the first class in complying with the requirements of this act shall be a public charge, and shall be paid out of any fund or appropriation applicable thereto, and if, in any of such cities, there is no fund or appropriation applicable no such payment in the year eighteen hundred and ninety-five, then and in that case the board or body in such city charged with the duty of estimating the amounts required to pay the expenses of conducting the public business of said city, shall, within thirty days after the passage of this act, meet and estimate the amount necessary to be expended by the mayor of said city under the provisions of this act during the year

eighteen hundred and ninety-five, and the amount so estimated shall be added to and become a part of the final estimate of the amounts required to pay the expense of conducting the public business of said city during said year, and shall be collected by a tax upon the estates, real and personal, subject to taxation in said city.

Election of city officers, when to be held; extension and abridgment of terms.

XX. All elections of city officers, including supervisors and judicial officers of inferior local courts, elected in any city or part of a city, and of county officers elected in the counties of New York and Kings, and in all counties whose boundaries are the same as those of a city, except to fill vacancies, shall be held on the Tuesday succeeding the first Monday in November in an odd-numbered year, and the term of every such officer shall expire at the end of an odd-numbered year. The terms of office of all such officers elected before the first day of January, one thousand eight hundred and ninety-five, whose successors have not then been elected, which under existing laws would expire with an even-numbered year, or in an odd-numbered year and before the end thereof, are extended to and including the last day of December next following the time when such terms would otherwise expire; the terms of office of all such officers, which under existing laws would expire in an even-numbered year, and before the end thereof, are abridged so as to expire at the end of the preceding year. This section shall not apply to any city of the third class, or to elections of any judicial officer, except judges and justices of inferior local courts. (N. Y. Cons. Art. 12, Sec. 3.)

APPENDIX III.

ASSEMBLY DISTRICTS OF THE CITY OF NEW YORK REFERRED TO IN § 19 OF GREATER NEW YORK CHARTER.

Certificate of apportionment by Common Council of New York County into Assembly Districts on June 11, 1895, pursuant to State Constitution, art. 3, § 5, filed in New York County Clerk's office June 13, 1895:

"IN COMMON COUNCIL. Resolved, That the County of New York be apportioned into thirty-five Assembly Districts, bounded and described as follows:

First Assembly District.

Assembly District Number One shall consist of that portion of the Tenth Senate District within and bounded by a line beginning at the Hudson or North river and Canal street, running thence along Canal street to Hudson street, to Dominick street, to Varick street, to Broome street, to Sullivan street, to Spring street, to Broadway, to Fulton street, to William street, to Wall street, to Broadway, to Whitehall street, to the East river and East and Hudson or North river, to the place of beginning, and also Governor's and Bedloe's Islands; also Ellis Island. Citizen population, 39,740.

Second Assembly District.

Assembly District Number Two shall consist of that portion of the Tenth Senate District within and bounded by a line beginning at the East river and Whitehall street, running thence along Whitehall street to Broadway, to Wall street, to William street, to Fulton street, to Broadway, to Canal street, to the Bowery, to Division street, to Market street, to Monroe street, to Catharine street, to the East river, to the place of beginning. Citizen population, 39,785.

Third Assembly District.

Assembly District Number Three shall consist of all that part of the Thirteenth Senate District within and bounded by a line beginning at the North or Hudson river and Canal street, to Hudson street, to Dominick street, to Varick street, to Broome street, to Sullivan street, to West Houston street, to Varick street, to Carmine street, to Sixth avenue, to West Eleventh street, to Greenwich avenue, to Perry street, to Waverley place, to Charles street, to West street, to place of beginning. Population, 38,544. (See re-apportionment Sept. 30, 1895, post.)