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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.

Section 9. The assent of two-thirds of the members Two-third elected to each branch of the Legislature, shall be re- bills. quisite to every bill appropriating the public moneys or property for local or private purposes.

Section 10. No law shall be passed abridging the Right of right of the People peaceably to assemble and to peti- petition. tion the Government, or any department thereof, nor shall any divorce be granted, otherwise than by due Divorces. judicial proceedings; nor shall any lottery hereafter Lotteries. be authorized or any sale of lottery tickets allowed within this State.

lands.

Section 11. The people of this State, in their right Right of of Sovereignty, are deemed to possess the original and property in 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 es- Escheats. cheat to the people

Section 12. All feudal tenures of every description, Feudal tenwith all their incidents are declared to be abolished, ures abolishsaving however all rents and services certain which at ed.

any time heretofore have been lawfully created or reserved.

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

valid.

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

Fines and

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

abolished.

Sale of lands.

ture.

Common law.

Section 16. No purchase or contract for the sale of lands in this State, made since the fourteenth day of October, One thousand seven hundred and seventyfive; 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.

Old colony Section 17. Such parts of the common law, and of laws and acts the acts of the Legislature of the Colony of New-York, of the legisla- as together did form the 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 the law of this State, subject to such alterations as the Legislature shall make concerning the same. But all such parts of the Common law, and such of the said acts, or parts thereof, as are repugnant to this Constitution, are hereby abrogated; and the Legislature, at its first session after the adoption of this Constitution, shall appoint three commissioners whose duty it shall be to sioners to be reduce into a written and systematic code the whole appointed. body of the law of this State, or so much and such parts thereof as to the said commissioners shall seem practicable and expedient. And the said commissioners shall specify such alterations and amendments therein as they shall deem proper, and they shall at all times make reports of their proceedings to the Legislature, when called upon to do so; and the Legislature shall pass laws regulating the tenure of office, the filling of vacancies therein, and the compensation of the said commissioners, and shall also provide

Commis

Their duties.

for the publication of the said code, prior to its being presented to the Legislature for adoption.

1775.

Section 18. All grants of land within this State, made Grants of by the King of Great Britain, or persons acting under land since his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be null and void; but nothing contained in this Constitution shall affect any grants of land within this State, made Prior grants. by the authority of the said King or his predecessors, or shall annul any charters to bodies politic and corporate, by him or them made, before that day; or shall affect any such grants or charters since made by this State, or by persons acting under its authority; or shall impair the obligation of any debts contracted by this 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.

ARTICLE II.

tion of voters.

Section 1. Every male citizen of the age of twenty- Qualificaone years who shall have been a citizen for ten days, and an inhabitant of this State one year next preceding an election, and for the last four months a resident of the county where he may offer his vote, shall be entitled to vote at such election, in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people; but such citizen shall 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 Freehold reColor, unless he shall have been for three years a citi- quired for zen of this State, and for one year next preceding any man of color. election, shall have been seized 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 shall have been actually rated and paid a tax thereon, shall be entitled to vote at such election. And no person of color shall be subject

Persons ex

cluded from right of suffrage.

Certain employments

residence of voters.

to direct taxation unless he shall be seized and possessed of such real estate as aforesaid.

Section 2. Laws may be passed excluding from the right of suffrage all persons who have been or may be convicted of bribery, larceny, or of any infamous crime; and for depriving every person who shall make, or become directly or indirectly interested in any bet or wager, depending upon the result of any election, from the right to vote at such election.

Section 3. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reanot to affect son of his presence or absence, while employed in the service of the United States; nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any alms house, or other asylum, at public expense; nor while confined in any public prison.

Laws to be passed.

Election to

Section 4. Laws shall be made for ascertaining by proper proofs the citizens who shall be entitled to the right of suffrage hereby established.

Section 5. All elections by the citizens shall be by be by ballot. ballot, except for such town Officers as may by law be directed to be otherwise chosen.

Legislative

power.

Senate, number of.

Assembly, number of.

State divided

ARTICLE III.

Section 1. The Legislative power of this State shall be vested in a Senate and Assembly.

Section 2. The Senate shall consist of thirty-two members, and the Senators shall be chosen for two years. The Assembly shall consist of one hundred and twenty-eight members, who shall be annually elected.

Section 3. The State shall be divided into thirtyinto 32 sena- two districts, to be called Senate Districts, each of which shall choose one Senator. The districts shall be numbered from one to thirty-two inclusive.

torial dis

tricts.

No. 1.

District number One (1) shall consist of the counties of Suffolk, Richmond and Queens.

District number Two (2) shall consist of the county No. 2. of Kings.

4 senate dis

District number Three (3) number Four (4) num- No. 3, 4, 5, ber Five (5) and number Six (6) shall consist of the and 6. city and county of New York, And the board of su- Board of su pervisors of said city and county shall, on or before pervisors of the city of the first day of May, one thousand eight hundred and New York forty-seven, divide the said city and county into the to divide the number of Senate Districts to which it is entitled, as county into near as may be of an equal number of inhabitants, tricts. excluding aliens and persons of color not taxed, and consisting of convenient and Contiguous territory; and no assembly district shall be divided in the formation of a Senate district. The Board of Supervisors, when they shall have completed such division, shall cause certificates thereof, stating the number and Certificate, boundaries of each district, and the population there- &c., to be of, to be filed in the Office of the Secretary of State, and of the clerk of the said city and county.

filed.

District number Seven (7) shall consist of the No. 7. counties of Westchester, Putnam and Rockland.

District number Eight (8) shall consist of the coun- No. 8. ties of Dutchess and Columbia.

District number Nine (9) shall consist of the coun- No. 9. ties of Orange and Sullivan.

District number Ten (10) shall consist of the coun- No. 10. ties of Ulster and Greene.

District number Eleven (11) shall consist of the No. 11. counties of Albany and Schenectady.

District number Twelve (12) shall consist of the No. 12. county of Rensselaer.

District number Thirteen (13) shall consist of the No. 18. counties of Washington and Saratoga.

District number Fourteen (14) shall consist of the No. 14. counties of Warren, Essex and Clinton.

District number Fifteen (15) shall consist of the No. 15. counties of St. Lawrence and Franklin.

District number Sixteen (16) shall consist of the No. 16.

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