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CONCURRENT RESOLUTIONS

PROPOSING AMENDMENTS TO THE CONSTITUTION OF

THE STATE OF NEW YORK.

CONCURRENT RESOLUTION

Proposing an amendment to section three, article five of the

Constitution.

Resolved (if the Assembly concur), That section three of article five of the Constitution be amended so as to read as follows:

§ 3. A Superintendent of Public Works shall be appointed by the Governor by and with the advice and consent of the Senate, and hold his office until the end of the term of the Governor by whom he was nominated, and until his successor is appointed and qualified. He shall receive a compensation to be fixed by law. He shall be required by law to give security for the faithful execution of his office before entering upon the duties thereof. He shall be charged with the execution of all laws relating to the repair and navigation of the canals; and also of those relating to the construction and improvement of the canals, except so far as the execution of the laws relating to such construction or improvement shall be confided to the State Engineer and Surveyor; subject to the control of the Legislature, he shall make the rules and regulations for the navigation or use of the canals. He may be suspended or removed from office by the Governor, whenever, in his judgment, the public interest shall so require; but, in case of the removal of such Superintendent of Public Works from office, the Governor shall file with the Secretary of State a statement of the cause of such removal, and shall report such removal, and the cause thereof, to the Legislature at its next session. The Superintendent of Public Works shall appoint not more than three assistant superintendents, whose duties shall be prescribed by him, subject to modification by the Legislature, and who shall receive for their services a compensation to be fixed by law. They shall hold their office for three years, subject to suspension or removal by the Superintendent of Public Works, whenever, in his judgment, the public interest shall so require. Any vacancy in the office of any such assistant superintendent shall be filled, for the remainder of the term for which he was appointed, by the Superintendent of Publie Works; but in case of the suspension or removal of any such assistant superintendent by him, he shall at once report to the Governor, in writing, the cause of such removal. All other persons employed in the care and management of the canals, except collectors of tolls, and those in the department of the State Engineer and Surveyor, shall be appointed by the Superintendent of Public Works, and be subject to suspension or removal by him. The office of Canal Commissioner is abolished from and after the appointment and qualification of the Superintendent of Public Works, until which time the Canal Commissioners shall continue to discharge their duties as now provided by law. The Superintendent of Public Works shall perform all the duties of the Canal Commissioners, and board of Canal Commissioners, as now declared by law, until otherwise provided by the Legislature. The Governor, by and with the advice and consent of the Senate, shall have power to fill vacancies in the office of Superintendent of Public Works ; if the Senate be not in session, he may grant commissions which shall expire at the end of the next succeeding session of the Senate.

Resolved (if the Assembly concur), That the foregoing amendment be referred to the Legislature to be chosen at the next general election of Senators, and that in conformity with section one of article thirteen of the Constitution, it be published for three months previous to the time of such election.

STATE OF NEW YORK,

In Senate, May 14, 1875.5 The foregoing resolution was duly passed, a majority of all the Senators elected voting in favor thereof. By order of the Senate.

HENRY A. GLIDDEN, Clerk.

STATE OF NEW YORK,

In Assembly, May 17, 1875. The foregoing resolution was concurred in, a majority of all the members elected to the Assembly voting in favor thereof. By order of the Assembly.

HIRAM CALKINS, Clerk.

CONCURRENT RESOLUTION

Proposing an amendment to section four of article five of the

Constitution.

Resolved (if the Assembly concnr), That section four of article five of the Constitution be amended so as to read as follows:

$ 4. A Superintendent of State Prisons shall be appointed by the Governor, by and with the advice and consent of the Senate, and hold his office for five years, unless sooner removed; he shall give security in such amount, and with such sureties, as shall be required by law, for the faithful discharge of his duties; he shall have the superintendence, management and control of State prisons, subject to such laws as now exist, or may hereafter be enacted; he shall appoint the agents, wardens, physicians and chaplains of the prisons. The agent and warden of each prison shall appoint all other officers of such prison, except the clerk, subject to the approval of the same by the Superintendent. The Comptroller shall appoint the clerks of the prisons. The Superintendent shall have all the powers and perform all the duties not inconsistent herewith, which have heretofore been had and performed by the Inspectors of State Prisons; and from and after the time when such Superintendent of State Prisons shall have been appointed and qualified, the office of Inspector of State Prisons shall be and hereby is abolished. The Governor may remove the Superin

tendent for cause at any time, giving to him a copy of the charges against him, and an opportunity to be heard in his defense.

Resolved (if the Assembly concur), That the foregoing amendment be referred to the Legislature to be chosen at the next general election of Senators, and that in conformity with section one of article thirteen of the Constitution, it be published for three months previous to the time of such election.

STATE OF NEW YORK,

In Senate, May 14, 1875.5 The foregoing resolution was duly passed, a majority of all the Senators elected voting in favor thereof. By order of the Senate.

HENRY A. GLIDDEN, Clerk.

STATE OF NEW YORK,

In Assembly, May 17, 1875. The foregoing resolution was concurred in, a majority of all the Members elected to the Assembly voting in favor thereof. By order of the Assembly.

HIRAM CALKINS, Clerk.

TATE,} 88:

STATE OF NEW YORK,
OFFICE OF THE SECRETARY OF STATE,

I have compared the preceding with the original Concurrent Resolutions on file in this office, and do hereby certify the same to be a correct transcript therefrom, and of the whole of said original Concurrent Resolutions. Given under my hand and seal of office, at the city of Albany,

this twentieth day of July, in the year one thousand eight [L. S. hundred and seventy-five.

DIEDRICH WILLERS, JR.,

Secretary of State.

CONCURRENT RESOLUTION

Relative to conferring brevet commissions on officers of the

National Guard.

Resolved (if the Senate concur), That the Governor be and hereby is authorized to confer on any officers of the National Guard of the State of New York, below the rank of colonel, who shall have been ten years a member thereof, seven of which shall have been of service as a commissioned officer, a brevet commission, corresponding in rank to the grade next above the one actually held by said officer at the time of conferring such brevet commission; such brevet rank shall be honorary, and shall not entitle the person holding same to precedence in command, except by special assignment of commander-inchief. Recommendations for promotion of snch brevet ranks shall be made by the brigadier-generals for the officers of their respective brigades, indorsed by the commandant of their division, except in the case of a separate troop, battery or company attached to a division, which shall be made by the division commander. STATE OF NEW YORK,

STATE OF NEW YORK, ! In Assembly, May 19, 1875.

In Senate, May 21, 1875. The foregoing resolution was duly passed. The foregoing resolution was duly passed. By order of the Assembly.

By order of the Senate.
HIRAM CALKINS, Clerk,

HENRY A. GLIDDEN, Clerk.

TITLES OF ACTS

PASSED AT THE NINETY-NINTH SESSION,

1876.

CHAP. 1. An act to amend chapter three of the laws of one thousand eight lundred and

forty-five, entitled "An act to prevent persons appearing disguised and armed.” Passed

January 20, 1876; three-fifths being present. CHAP. 2. An act repealing so much of section one of chapter six hundred and thirty

four of the laws of eighteen hundred and seventy-five, as fixes a limitation upon the expenditure of the appropriation for work upon the New Capitol. Passed January 28,

1876; three-fifths being present. CHAP. 3. An act to extend the time for the collection of taxes in the city of Elmira.

Passed January 28, 1876; three-fifths being present. CHAP. 4. An act to repeal chapter three hundred and fifty-three of the laws of eighteen

hundred and seventy-five, entitled "An act to amend chapter three hundred and twenty-four of the laws of eighteen hundred and seventy-one, entitled 'An act to incorporate the Sisterhood of Grey Nuns in the State of New York.'” Passed Febru

ary 1, 1876. CHAP. 5. An act to enable “The Medical Society of the State of New York" to alter

the time of holding its annual meeting. Passed February 1, 1876. CHAP. 6. An act authorizing the board of supervisors of the county of Albany to issue

bonds to pay a portion of the bonds of said county that will mature during the year

eighteen hundred and seventy-six. Passed February 1, 1876; three-fifths being present. CHAP. 7. An act to authorize the extension of the time for the collection of taxes in the

several towns of the State. Passed February 1, 1876; three fifths being present. CHAP. 8. An act to amend chapter three hundred and twenty-nine of the laws of eighteen

hundred and fifty-nine entitled “An act to incorporate the fire department of the city

of Syracuse.” Passed February 2, 1876; three fifths being present. Caap. 9. An act to legalize and confirm all the acts of the trustees of the village of Medina,

in the laying out and construction of South Avenue sewer, and accepting conveyance

of real estate therefor. Passed February 2, 1876 ; three-fifths being present. Chap. 10. An act to alter the boundaries of the towns of Hopkinton and Colton, in the

county of St. Lawrence. Passed February 3, 1876; three-fifths ng present. Chap. 11. An act in relation to posting notices and papers in the county of Erie. Passed

February 4, 1876. CHAP. 12. An act to authorize the city of Schenectady to borrow money for current

expenses. Passed February 4, 1876; three-fifths being present. CHAP. 13. An act in relation to the Central New York Institution for Deaf-mutes at

Rome. Passed February 4, 1876; three-fifths being present. CHAP. 14. An act to authorize the mayor of the city, and the supervisor of the town of

Binghamton, to sell and convey the real estate of said city and town situate in said city for bridge or highway purposes. Passed February 8, 1876; three-fi'ths being present.

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