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LAWS OF NEW YORK

PASSED AT THE

Extraordinary Session of the Legislature, which began June 21, 1905, and ended July 20, 1905.

Chap. 761.

AN ACT making an appropriation for the expenses of the extraordinary session of the legislature, called by proclamation of the governor to convene on June twenty-first, nineteen hundred and five.

Became a law, July 20, 1905, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The sum of thirty thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, for the mileage of members, compensation of employees and of counsel to the legislature and for other contingent expenses of the extraordinary session of the legislature, called by proclamation of the governor to convene on June twenty-first, nineteen hundred and five.

§ 2. This act shall take effect immediately.

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CONCURRENT RESOLUTIONS

OF THE

SENATE AND ASSEMBLY.

CONCURRENT RESOLUTION of the senate and assembly proposing amendment to article seven of the constitution, relating to improvement of highways.

Section 1. Resolved, (if the assembly concur) that the seventh article of the constitution be amended by adding thereto the following section:

§ 12. Improvement of highways.-A debt or debts of the state may be authorized by law for the improvement of highways. Such highways shall be determined under general laws, which shall also provide for the equitable apportionment thereof among the counties. The aggregate of the debts authorized by this section shall not at any one time exceed the sum of fifty millions of dollars. The payment of the annual interest on such debt and the creation of a sinking fund of at least two per centum per annum to discharge the principal at maturity shall be provided by general laws whose force and effect shall not be diminished during the existence of any debt created thereunder. The legislature may by general laws require the county or town or both to pay to the sinking fund the proportionate part of the cost of any such highway within the boundaries of such county or town and the proportionate part of the interest thereon, but no county shall at any time for any highway be required to pay more than thirty-five hundredths of the cost of such highway, and no town more than fifteen hundredths. None of the provisions of the fourth section of this article shall apply to debts for the improvement of highways hereby authorized.

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§ 2. Resolved, (if the assembly concur) that the foregoing amendment be submitted to the people for approval at the next general election in accordance with the provisions of the election

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CONCURRENT RESOLUTION of the senate and assembly proposing an amendment to section four of article seven of the constitution in relation to the time within which debts of the state must be paid and striking from said section certain limitations.

Whereas, The legislature at its regular session in nineteen hundred and three duly adopted a resolution, proposing an amendment to section four of article seven of the constitution in relation to the time within which debts of the state must be paid, and striking from said section certain limitations, and

Whereas, such resolution has been duly published in accordance with law and the constitution, and referred to this legisla ture for action; therefore:

Section 1. Resolved (if the assembly concur), that section four of article seven of the constitution be amended to read as follows:

ARTICLE VII.

§ 4. Except the debts specified in sections two and three of this article, no debts shall be hereafter contracted by or in behalf of this state, unless such debt shall be authorized by a law, for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufficient to pay, the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within fifty years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election have been submitted to the people, and have received a majority of all the votes cast for and against it at such election. On the final passage of such bill in either house

of the legislature, the question shall be taken by ayes and noes. to be duly entered on the journals thereof, and shall be: "Shall this bill pass, and ought the same to receive the sanction of the people?" The legislature may at any time, after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same; and may at any time, by law, forbid the contracting of any further debt or liability under such law; but the tax imposed by such act, in proportion to the debt and liability which may have been contracted in pursuance of such law, shall remain in force and be irrepealable, and be annually collected, until the proceeds thereof shall have made the provision hereinbefore specified to pay and discharge the interest and principal of such debt and liability. The money arising from any loan or stock creating such debt or liability shall be applied to the work or object specified in the act authorizing such debt or liability, or for the payment of such debt or liability, and for no other purpose whatever. No such law shall be submitted to be voted on, within three months after its passage or at any general election when any other law, or any bill shall be submitted to be voted for or against. The legislature may provide for the issue of bonds of the state to run for a period not exceeding fifty years in lieu of bonds heretofore authorized but not issued and shall impose and provide for the collection of a direct annual tax for the payment of the same as hereinbefore required. When any sinking fund created under this section shall equal in amount the debt for which it was created, no further direct tax shall be levied on account of said sinking fund and the legislature shall reduce the tax to an amount equal to the accruing interest on such debt.

§ 2. Resolved (if the assembly concur), that the foregoing amendment be submitted to the people for approval at the general election to be held in the year nineteen hundred and five in accordance with the provisions of the election law.

STATE OF NEW YORK.

In Senate, Mar 1 1905.

This resolution was duly passed, a majority of all the Senators elected voting in favor thereof, three-fifths being present.

By order of the Senate,
M. LINN BRUCE

STATE OF NEW YORK.

In Assembly, Apr 4 1905.
This resolution was duly passed, a
majority of all the members elected to
the Assembly voting in favor thereof,
three-fifths being present.

By order of the Assembly,
8. F. NIXON

President

Speaker

CONCURRENT RESOLUTION of the senate and assembly proposing an amendment to section two of article six of the constitution in relation to justices of the appellate division of the supreme court.

Whereas, The legislature at its regular session in nineteen hundred and four duly adopted a resolution, proposing an amendment to section two of article six of the constitution, in relation to justices of the appellate division of the supreme court; and Whereas, such resolution has been duly published in accordance with law and the constitution, and referred to this legislature for action; therefore:

Section 1. Resolved (if the assembly concur) that section two of article six of the constitution be amended to read as follows:

ARTICLE VI.

§ 2. The legislature shall divide the state into four judicial departments. The first department shall consist of the county of New York; the others shall be bounded by county lines, and be compact and equal in population as nearly as may be. Once every ten years the legislature may alter the judicial departments, but without increasing the number thereof. There shall be an appellate division of the supreme court, consisting of seven justices in the first department, and of five justices in each of the other departments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five justices shall sit in any case. From all the justices elected to the supreme court the governor shall designate those who shall constitute the appellate division in each department; and he shall designate the presiding justice thereof, who shall act as such during his term of office, and shall be a resident of the department. The other justices shall be designated for terms of five years or the unexpired portions of their respective terms of office, if less than five years. From time to time as the terms of such designations expire, or vacancies occur, he shall make new designations. A majority of the justices so designated to sit in the appellate division, in each department shall be residents of the department. He may also make temporary designations in case of the absence or inability to act of any justice in the appellate division, or in case the pre

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