the time of the discharge of such receiver; but it is further provided, that after the expiration of said sixty days, the corporation that shall own or operate said railroad, shall be liable in any action that may be commenced against such company, and founded on any act or omission of such receiver (for which he may not as aforesaid be sued), and to the same extent as said receiver, but for this act, would be or remain liable, or to the same exteut that such corporation would be, had it done or omitted the acts complained of against such receiver. §3. This act shall take effect immediately. 43 CONCURRENT RESOLUTIONS OF THE SENATE AND ASSEMBLY. CONCURRENT RESOLUTIONS proposing an amendment to section three of article five of the Constitution. WHEREAS, At the annual session of the Legislature for the year eighteen hundred and seventy-five, a proposed amendment of the Čonstitution was agreed to by the Senate and Assembly, viz. : 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 regulation 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 Public 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; and, WHEREAS, Said proposed amendment was agreed to by a majority of all the members elected to each of the two houses of the said Legislature, entered in their journals with the yeas and nays taken thereon, and referred to the Legislature to be chosen at the next eleetion of Senators; and, WHEREAS, Such general election has taken place, and said proposed amendment was duly published for three months previous to the time of making such choice, in pursuance of the provisions of section one of article thirteen of the Constitution; therefore, Resolved (if the Assembly concur), that the two houses composing the present Legislature do agree to the said proposed amendment. STATE OF NEW YORK, In Senate, February 1, 1876. 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, February 4, 1876. 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. EDW'D M. JOHNSON, Clerk. } WHEREAS, At the annual session of the Legislature for the year eighteen hundred and seventy-five, a proposed amendment to the Constitution was agreed to by concurrent vote of the Senate and Assembly, viz. : CONCURRENT RESOLUTION proposing an amendment to section four of article five of the Constitution. Resolved (in the Senate concur), That section four, 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 clerk 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 Superintendent for cause at any time, giving to him a copy of the charges against him, and an opportunity to be heard in his defense; and, WHEREAS, The said proposed amendment was agreed to by a majority of all the members elected to each of the two houses of the said Legislature, entered in their respective journals, with the yeas and nays taken thereon, and referred to the Legislature to be chosen at the then next general election of Senators; and, WHEREAS, Such general election has taken place, and said proposed amendment was duly published for three months previous to the time of making such choice, in pursuance of the provisions of section one of article thirteen of the Constitution; therefore, Resolved (if the Senate concur), That the said amendment be agreed to by the two houses comprising the present Legislature. STATE OF NEW YORK, The foregoing resolutions were duly passed. EDW'D M. JOHNSON, Clerk. STATE OF NEW YORK, HENRY A. GLIDDEN, Clerk. CONCURRENT RESOLUTION proposing an amendment to section eleven of article eight of the Constitution, prohibiting the loan or use of public money for private purposes, and restricting the indebtedness of counties, cities, towns and villages. Resolved (if the Assembly concur), That section eleven of article eight of the Constitution be amended so as to read as follows: § 11. No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness, except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. No county or city shall be allowed to become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed five per cent. of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment-rolls of said county or city on the last assessment for State or county taxes prior to the incurring of such indebtedness; and all indebtedness in excess of such limitation, except such as may now exist, shall be absolutely void, except as herein otherwise provided. No county or city, whose present indebtedness exceeds five per cent. of the assessed valuation of its real estate, subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit, except such indebtedness as may be provided for by the tax levy for the then current year, and except that the Legislature, if it is deemed necessary for the interest of said city or county, may authorize it to contract further indebtedness to an amount not exceeding for any one year one dollar per capita for each of its population as ascertained by the last State census, and for a period not exceeding five years in any case. No law shall hereafter be passed authorizing any indebtedness of or the issuing of any bonds or evidence of debt by any county or city, unless such law shall provide that such indebtedness, bonds or evidence of debts, shall be made payable in equal amounts in each year, during a period not in any case to exceed twenty years from the contracting of such indebtedness; and such law shall provide that such city or county shall, in each year, levy and raise by taxation a sum sufficient to pay the interest on such debt and the amount thereof coming due in each year, which said provisions as to time of payment and the taxation therefor shall be irrepealable. The money raised for the purpose of such interest and principal shall be applied for that purpose, and none other, until the whole of such indebtedness is paid. 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 to section one of article thirteen of the Constitution, it be published for three months previous to the time of such election. CONCURRENT RESOLUTION proposing an amendment to the Constitution in relation to the schools. Resolved (if the Assembly concur), That article nine of the Constitution be amended by the addition of the following sections: § 2. Free common schools shall be maintained throughout the State forever. The Legislature shall provide for the instruction in the branches of elementary education in such schools of all persons in the State between the ages of five and twenty-one years, for the period of at least twenty-eight weeks in each year. § 3. Neither the money, property or credit of the State, nor of any county, city, town, village or school districts, shall be given, loaned or leased, or be otherwise applied, to the support or in aid of any school or instruction under the control or in charge of any church, sect, denomination or religious society; nor to or in aid of any school in which instruction is given peculiar to any church, creed, sect or denomination, or to or in aid of any such instruction; nor to or in aid of any school or instruction not only under the control and supervision and in charge of the public school authorities. This section shall not prohibit the Legislature from making such provision for the education of the blind, the deaf and dumb, and juvenile delinquents as it may deem proper, except in institutions in which instruction is given peculiar to any church, creed, sect, denomination or religious society; nor shall it |
