hereinafter mentioned, but including all reformatories except those in which adult males convicted of felony shall be confined; a state commission in lunacy, which shall visit and inspect all institutions, either public or private, used for the care and treatment of the insane (not including institutions for epileptics or idiots); a state commission of prisons which shall visit and inspect all institutions used for the detention of sane adults charged with or convicted of crime, or detained as witnesses or debtors. New. § 12. Boards appointed by governor. The members of the said board and of the said commissions shall be appointed by the Governor, by and with the advice and consent of the Senate; and any member may be removed from office by the Governor for cause, an opportunity having been given him to be heard in his defense. New. § 13. Existing laws to remain in force. Existing laws relating to institutions referred to in the foregoing sections and to their supervision and inspection, in so far as such laws are not inconsistent with the provisions of the Constitution, shall remain in force until amended or repealed by the Legislature. The visitation and inspection herein provided for shall not be exclusive of other visitation and inspection now authorized by law. New. § 14. Maintenance and support of inmates of charitable institutions. Nothing in this Constitution contained shall prevent the Legislature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper; or prevent any county, city, town or village from providing for the care, support, maintenance and secular education, of inmates of orphan asylums, homes for dependent children or correctional institutions, whether under public or private control. Payments by counties, cities, towns and villages to charitable, eleemosynary, correctional and reformatory institutions, wholly or partly under private control, for care, support and maintenance, may be authorized, but shall not be required by the Legislature. No such payments shall be made for any inmate of such institutions who is not received and retained therein pursuant to rules established by the state board of charities. Such rules shall be subject to the control of the Legislature by general laws. New. 15. Commissioners continued in office. Commissioners of the state board of charities and commissioners of the state commission in lunacy, now holding office, shall be continued in office for the term for which they were appointed, respectively, unless the Legislature shall otherwise provide. The Legislature may confer upon the commissions and upon the board mentioned in the foregoing sections any additional powers that are not inconsistent with other provisions of the Constitution. New. 3. Common school, literature and the United States deposit funds. 4. No aid to denominational schools. 1. Common schools. The Legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this State may be educated. New. § 2. Regents of the university. The corporation created in the year one thousand seven hundred and eighty-four, under the name of The Regents of the University of the State of New York, is hereby continued under the name of The University of the State of New York. It shall be governed and its corporate powers, which may be increased, modified or diminished by the Legislature, shall be exercised by not less than nine regents. New. 3. Common school, literature and the United States deposit funds. The capital of the common school fund, the capital of the literature fund, and the capital of the United States deposit fund, shall he respectively preserved inviolate. The revenue of the said common school fund shall be applied to the support of common schools; the revenue of the said literature fund shall be applied to the support of academies; and the sum of twenty-five thousand dollars of the revenues of the United States deposit fund shall each year be appropriated to and made part of the capital of the said common school fund. Const. 1846, art. IX, § 1. § 4. No aid to denominational schools, Neither the State nor any subdivision thereof, shall use its property or credit or any public money, or authorize or permit either to be used, directly or indirectly, in aid or maintenance, other than for examintion or inspection, of any school or institution of learning wholly or in part under the control or direction of any religious denomination, or in which any denominational tenet or doctrine is taught. New. 43 Sec. ARTICLE TENTH. 1. Sheriffs, clerks of counties, district attorneys and registers; gov ernor may remove. 2. Appointment or stitution. 3. Duration of term. 4. Time of election. election of officers not provided for by this con 5. Vacancies in office, how filled. 6. Political year. 7. Removal from office for misconduct, etc. 8. Office deemed vacant. 9. Compensation of officers. 1. Sheriffs, clerks of counties, district attorneys and registers; governor may remove. Sheriffs, clerks of counties, district attorneys and registers in counties having registers, shall be chosen by the electors of the respective counties, once in every three years and as often as vacancies shall happen, except in the counties of New York and Kings, and in counties whose boundaries are the same as those of a city, where such officers shall be chosen by the electors once in every two or four years as the Legislature shall direct. Sheriffs shall hold no other office and be ineligible for the next term after the termination of their offices. They may be required by law to renew their security from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. The Governor may remove any officer, in this section mentioned, within the term for which he shall have been elected; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense. Const. 1846, art. X, § 1. § 2. Appointment or election of officers, not provided for by this constitution. All county officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of the respective counties or appointed by the boards of supervisors, or other county authorities, as the Legislature shall direct. All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose. All other officers, whose election or appointment is not provided for by this Constitution, and all officers, whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct. Const. 1846, art. X, § 2. § 3. Duration of term. When the duration of any office is not provided by this Constitution it may be declared by law, and if not so declared, such office shall be held during the pleasure of the authority making the appointment. Const. 1846, art. X, § 3. 4. Time of election. The time of electing all officers named in this article shall be prescribed by law. Const. 1846, art. X, § 4. 5. Vacancies in offices, how filled. The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy. Const. 1846, art. X, § 5. 6. Political year. The political year and legislative term shall begin on the first day of January; and the Legislature shall, every year, assemble on the first Wednesday in January. Const. 1846, art. X, § 6. § 7. Removal from office for misconduct, etc. Provision shall be made by law for the removal for misconduct or malversation in office of all officers, except judicial, whose powers and duties are not local or legislative and who shall be elected at general elections, and also for supplying vacancies created by such removal. Const. 1846, art. X, § 7. 8. Office deemed vacant. The Legislature may declare the cases in which any office shall be deemed vacant when no provision is made for that purpose in this Constitution. Const. 1846, art. X, § 8. § 9. Compensation of officers. No officer whose salary is fixed by the Constitution shall receive any additional compensation. Each of the other state officers named in the Constitution shall, during his continuance in office, receive a compensation, to be fixed by law, which shall not be increased or diminished during the term for which he shall have been elected or appointed; nor shall he receive to his use any fees or perquisites of office as other compensation. Const. 1846, art. X, § 9. 45 ARTICLE ELEVENTH. Sec. 1. State militia. 2. Enlistment. 3. Organization of militia. 4. Appointment of military officers by the governor. 5. Manner of election of military officers prescribed by the legislature. 6. Commissioned officers, their removal. § 1. State militia. All able-bodied male citizens between the ages of eighteen and forty-five years, who are residents of the State, shall constitute the militia, subject however, to such exemptions as are now, or may be hereafter created by the laws of the United States, or by the Legislature of this State. Const. 1846, art. XI, § 1. § 2. Enlistment. The Legislature may provide for the enlistment into the active force of such other persons as may make application to be so enlisted. New. § 3. Organization of militia. The militia shall be organized and divided into such land and naval, and active and reserve forces as the Legislature may deem proper, provided however that there shall be maintained at all times a force of not less than ten thousand enlisted men, fully uniformed, armed, equipped, disciplined and ready for active service. And it shall be the duty of the Legislature at each session to make sufficient appropriation for the maintenance thereof. New. § 4. Appointment of military officers by the governor. The Governor shall appoint the chiefs of the several staff departments, his aides-de-camp and military secretary, all of whom shall hold office during his pleasure, their commissions to expire with the term for which the Governor shall have been elected; he shall also nominate, and with the consent of the Senate appoint, all major-generals. 5. Manner of election of military officers prescribed by legislature. All other commissioned and non-commissioned officers shall be chosen or appointed in such manner as the Legislature may deem most conducive to the improvement of the militia, provided, however, that no law shall be passed changing the existing mode of election and appointment unless two-thirds of the members present in each house shall concur therein. Const. 1846, art. XI, §§ 4, 6. |