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AETICLE XV - Continued.

directly or indirectly, any thing of value or of personal advantage, or the promise thereof, for performing or omitting to perform any official act, or with the express or implied understanding that his official action or omission to act is to be in any degree influenced thereby, shall be deemed guilty of a felony. This section shall not affect the validity of any existing statute in relation to the offense of bribery.

Offer or promise to bribe, a felony.

SEC. 2. Any person who shall offer or promise a bribe to an officer, if it shall be received, shall be deemed guilty of a felony and liable to punishment, except as herein provided. No person offering a bribe shall upon any prosecution of the officer for receiving such bribe, be privileged from testifying in relation thereto, and he shall not be liable to civil or criminal prosecution there for, if he shall testify to the giving or offering of such bribe. Any person who shall offer or promise a bribe, if it be rejected by the officer to whom it is tendered, shall be deemed guilty of an attempt to bribe, which is hereby declared to be a felony.

Person offering or receiving bribe may be witness.

SEC. 3. Any person charged with receiving a bribe, or with offering or promising a bribe, shall be permitted to testify in his own behalf in any civil or criminal prosecution therefor.

District Attorney may be removed for failure to prosecute violations--Expenses of prosecution, how chargeable.

SEC. 4. Any district attorney who shall fail faithfully to prosecute a person charged with the violation in his county of any provision of this article which may come to his knowledge, shall be removed from office by the Governor, after due notice and an opportunity of being heard in his defense. The expenses which shall be

ARTICLE XV-Continued.

incurred by any county, in investigating and prosecuting any charge of bribery or attempting to bribe any person holding office under the laws of this State, within such county, or of receiving bribes by any such person in said county, shall be a charge against the State, and their payment by the State shall be provided for by law.

The expenses of an investigation ordered by the Governor must be borne by the county. People v. Supervisors, 39 Hun, 442.

*ARTICLE XVI.

Amendments, when to take effect.

SECTION 1. All amendments to the Constitution shall be in force from and including the first day of January succeeding the election at which the same were adopted, except when otherwise provided by such amendments.

An amendment to the Constitution takes effect upon the date of the declaration by the canvassers of the result of the popular election and its adoption, unless a different intention appears in the amendment; but where amendments were submitted containing a clause specifying a certain day for their going into effect, and only a part thereof was adopted, and that not including the clause fixing the day, it was held that the clause, although not adopted, was indicative of intention, and should control as to the time of taking effect. Real v. People, 42 N. Y. 270.

Done, in Convention, at the Capitol in the city of Albany, the ninth day of October in the year one thousand eight hundred and forty-six, and of the Independence of the United States of America the seventy-first.

In witness whereof, we have hereunto subscribed our names.

JOHN TRACY, President

and Delegate from the County of Chenango.]

JAMES F. STARBUCK,

H. W. STRONG,

FR. SEGER,

Secretaries.

*Article 16, added by vote of the people, Nov. 3, 1874.

Vote of the People upon the Constitution and its Amendments.

Nov. 4, 1845. For a convention to consider and alter

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Feb. 15, 1854. For amendment of section 3 of article 7, for speedy completion of canals.. 185,771 Against

Nov. 6, 1866. For a convention to revise Constitu

60,526

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Against

Nov. 5, 1872. For amendment of article 6, relating to

Commission of Appeals

Nov. 4, 1873. For appointment of Judges of Court of Appeals and of Supreme Court...

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176,038

9,196

115,337

Against.

819,979

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For appointment of Judges of county
and certain city courts

110,725

Against

319,660

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Nov. 3, 1874. For amendment of article 3, sections

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Against

194,236

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For amendment of article 8, section 10, 336,237

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Nov. 7, 1876. For amendment of article 5, section 3..

533,153

Against.....

81,832

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For amendment of article 5, section 4..

530,226

Against.

80,358

Nov. 4, 1879. For amendment of article 6, section 6..

95,331

Against

25,578

Nov. 2, 1880. For amendment of article 6, sections

12 and 13. Against.

221,903

......

111,225

Nov. 7, 1882. For amendment of section 3 of article 7, 486,105

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Nov. 4, 1884. For amendment of section 11 of arti

cle 8 Against

Nov. 2, 1886. For a convention to revise the Consti

tution and amend the same

Against....

163,151

248,784

75,644

499,661

9,161

*574,993

+30,766

*Including 218,376 informal votes. +Including 3,735 informal votes.

COUNTIES OF THE STATE OF NEW YORK, IN THE ORDER OF THEIR ERECTION.

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1 As Tryon; changed April 2, 1784.

March

11, 1808

2 As Charlotte; changed April 2, 1784.

3 Parts of Montgomery, Herkimer and Oneida, provisionally annexed.

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