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AMENDMENTS TO THE CONSTITUTION

OF THE

STATE OF

OF NEW

NEW YORK.

Adopted at the general election held November 4, 1919.

ARTICLE I. § 7. When private property shall be taken for any public use, Compenthe compensation to be made therefor, when such compensation is taking not made by the state, shall be ascertained by a jury, or by the property. supreme court with or without a jury, but not with a referee, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opening opened in the manner to be prescribed by law; but in every case roads. the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. The use Use of of property for the drainage of swamp or agricultural lands is for dra in. declared to be a public use and general laws may be passed per-swamp or mitting the owners or occupants of swamp or ? agricultural lands tural lands, to construct and maintain for the drainage thereof, necessary drains, ditches and dykes upon the lands of others, under proper restrictions on making | just compensation, and such compensation together with the cost of such drainage may be assessed, wholly or partly, against any property benefited thereby; 4 but no special laws shall be enacted for such purposes.

The legislature may authorize cities to take more land and prop- Excess erty than is needed for actual construction in the laying out, nation by widening, extending or relocating parks, public places, highways or streets; provided, however, that the additional land and property

cities.

1 Sentence to here new.
2 Words “
swamp or

new.
3 Words on making” substituted for words “and with."

4 Words " and such compensation together with the cost of such drainage may be assessed, wholly or partly, against any property benefited thereby,” new.

Amendments to the Constitution. 80 authorized to be taken shall be no more than sufficient to form suitable building sites abutting on such park, public place, highway or street. After so much of the land and property has been appropriated for such park, public place, highway or street as is needed therefor, the remainder may be sold or leased.

ARTICLE II. § 1-a.? The legislature may, by general law, provide a manner in which, and the time and place at which, qualified voters who may, on the occurrence of any general election, be unavoidably absent from the state or county of their residence because their duties, occupation or business require them to be elsewhere within the United States, may vote, and for the return and canvass of their votes in the election district in which they respectively reside.

Legislature may provide vote for absent voters,

1 Added.

CONCURRENT RESOLUTIONS

OF THE

SENATE AND

AND ASSEMBLY.

PROPOSED AMENDMENTS TO THE CONSTITUTION

OF THE STATE OF NEW YORK.

CONCURRENT RESOLUTION of the Senate and Assembly Proposed

proposing an amendment to article two of the constitution, in to art. 2, relation to absent voters.

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Section 1. Resolved (if the Assembly concur), That article two of the constitution be amended by inserting therein a new section, to be section 1-a,' to read as follows:

§ 1-a. The legislature may, by general law, provide a manner Legislature in which, and the time and place at which, qualified voters who ride vote may, on the occurrence of any general election, be unavoidably voters. absent from the state or county of their residence because their duties, occupation or business require them to be elsewhere within the United States, may vote, and for the return and canvass of their votes.

§ 2. Resolved (if the Assembly concur), That the foregoing Referred to amendment be referred to the legislature to be chosen at the next ture chosen general election of senators and in conformity with section one of election of article fourteen of the constitution be published for three months previous to the time of such election.

senators,

STATE OF NEW YORK,
IN SENATE,

Apr. 15, 1920.
The foregoing resolution was duly
passed, a majority of all the Senators
élected voting avor thereof.
By order of the Senate,
HARRY C. WALKER,

President.

STATE OF NEW YORK,
IN ASSEMBLY,

Apr. 23, 1920.
The foregoing resolution was duly
passed, a majority of all the members
elected to the Assembly voting in favor
thereof.

By order of the Assembly,
THADDEUS C. SWEET,

Speaker.

1 Section la was added 1919; see p. 2508, ante.

2 Remainder of sentence omitted which read: “in the election district in which they respectively reside."

amendment to art. 3, $ 6.

Salaries and mileage of members

la ture.

Concurrent Resolutions. Proposed CONCURRENT RESOLUTION of the Senate and Assembly

proposing an amendment to section six of article three of the constitution, in relation to compensation of members of the legislature.

Section 1. Resolved (if the Assembly concur), That section six of article three of the constitution be amended to read as follows:

$ 6. Each member of the legislature shall receive for his

services an annual salary of three thousand dollars. The memof legis. bers of either house 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, once in each session on the most usual route. Senators, when the senate alone is convened in extraordinary session, or when serving as members of the court for the trial of impeachments, and such members of the assembly, not exceeding nine in number, as shall be appointed managers of an impeachment, shall receive an additional allowance of ten dollars a day.

§ 2. Resolved (if the Assembly concur), That the foregoing ture chosen amendment be referred to the legislature to be chosen at the next elections of general election of senators and in conformity with section one

of article fourteen of the constitution be published for three months previous to the time of such election.

Referred to legisla

STATE OF NEW YORK,
IN SENATE,

Apr. 1, 1920.
The foregoing resolution was duly
passed, a majority of all the Senators
elected voting in favor thereof.
By order of the Senate,
HARRY C. WALKER,

President.

STATE OF NEW YORK,
IN ASSEMBLY,

Apr. 14, 1920. The foregoing resolution was duly passed, a majority of all the members elected to the Assembly voting in favor thereof.

By order of the Assembly,
THADDEUS C. SWEET,

Speaker.

Proposed
amend.
ment to
art. 3, $ 7.

CONCURRENT RESOLUTION of the Senate and Assembly

proposing an amendment to section seven of article three of the constitution, in relation to appointments of members of the legislature to the office of notary public.

Section 1. Resolved (if the Senate concur), That section seven of article three of the constitution be amended to read as follows:

8 7. No member of the legislature shall receive any civil appointment within this state or the senate of the United States, from the governor, the governor and senate, or from the legislaConcurrent Resolutions. ture, or from any city government, during the time 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; 'provided, however, that the legislature may provide by law that any such member may be appointed during such time to the office of notary public.

Civil appointments of members void.

1 Formerly

one thousand five hundred dollars."

§ 2. Resolved (if the Senate concur), That the foregoing Referred to amendment be referred to the legislature to be chosen at the next ture chosen general election of senators and in conformity with section one of election of article fourteen of the constitution be published for three months previous to the time of such election.

senators.

STATE OF NEW YORK,
IN ASSEMBLY,

Mar. 3, 1920. This bill 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,
THADDEUS C. SWEET,

Speaker.

STATE OF NEW YORK,
IN SENATE,

Mar. 25, 1920.
This bill was duly passed, a majority
of all the Senators elected voting in
favor thereof, three-fifths being present.
By order of the Senate,
HARRY C. WALKER,

President.

amend

CONCURRENT RESOLUTION of the Senate and Assembly Proposed

proposing an amendment to sections twenty-six and twenty-ment to seven of article three of the constitution to enable the legislature 11 28, 27. to provide forms of government for the counties of Westchester and Nassau.

Section 1. Resolved (if the Assembly concur), That sections twenty-six and twenty-seven of article three of the constitution be amended to read as follows:

§ 26. There shall be in each county, except in a county wholly Boards of included in a city, a board of supervisors, to be composed of such members and elected in such manner and for such period as is governor may be provided by law. l«The legislature may provide by law Westche ter for forms of government for the counties of Westchester and and Nassau Nassau, or either, subject to adoption and approval by the electors of any such county at a general election in an odd-numbered year. Any such form of government may include the transfer to the county or to county officers of any functions now exercised by towns or town officers. The law providing for such form of government shall also prescribe the manner in which the county affected may subsequently abandon it, and revert to its former

super-
visors:
forms of

1 Remainder of section new,
la Remainder of section, except last sentence, new.

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