ARTICLE III- Continued.

District number One (1) shall consist of the counties of Suffolk, Richmond and Queens.

District number Two (2) shall consist of the county of Kings.

Districts number Three (3), number Four (4), number Five (5), and number Six (6) shall consist of the city and county of New York. And the board of supervisors of said city and county shall, on or before the first day of May one thousand eight hundred and fortyseven, divide the said city and county into the number of Senate districts, to which it is entitled, as near as may be of an equal number of inhabitants, excluding aliens and persons of color not taxed, and consisting of convenient and contiguous territory; and no Assembly district shall be divided in the formation of a Senate district. The board of supervisors, when they shall have completed such division, shall cause certificates thereof, stating the number and boundaries of each district and the population thereof, to be filed in the office of the Secretary of State, and of the clerk of said city and county.

District number Seven (7) shall consist of the counties of Westchester, Putnam and Rockland.

District number Eight (8) shall consist of the counties of Dutchess and Columbia.

District number Nine (9) shall consist of the counties of Orange and Sullivan.

District number Ten (10) shall consist of the counties of Ulster and Greene.

District number Eleven (11) shall consist of the counies of Albany and Schenectady.

District number Twelve (12) shall consist of the county of Rensselaer.

District number Thirteen (13) shall consist of the counties of Washington and Saratoga.

ARTICLE III- Continued.

District number Fourteen (14) shall consist of the counties of Warren, Essex and Clinton.

District number Fifteen (15) shall consist of the coun ties of St. Lawrence and Franklin.

District number Sixteen (16) shall consist of the counties of Herkimer, Hamilton, Fulton and Montgomery. District number Seventeen (17) shall consist of the counties of Schoharie and Delaware.

District number Eighteen (18) shall consist of the counties of Otsego and Chenango.

District number Nineteen (19) shall consist of the county of Oneida.

District number Twenty (20) shall consist of the counties of Madison, and Oswego.

District number Twenty-one (21) shall consist of the counties of Jefferson and Lewis.

District number Twenty-two (22) shall consist of the county of Onondaga.

District number Twenty-three (23) shall consist of the counties of Cortland, Broome and Tioga.

District number Twenty-four (24) shall consist of the counties of Cayuga and Wayne.

District number Twenty-five (25) shall consist of the counties of Tompkins, Seneca and Yates.

District number Twenty-six (26) shall consist of the counties of Steuben and Chemung.

District number Twenty-seven (27) shall consist of the county of Monroe.

District number Twenty-eight (28) shall consist of the counties of Orleans, Genesee and Niagara.

District number Twenty-nine (29) shall consist of the counties of Ontario and Livingston.

District number Thirty (30) shall consist of the counties of Allegany and Wyoming.

ARTICLE III- Continued.

District number Thirty-one (31) shall consist of the county of Erie.

District number Thirty-two (32) shall consist of the counties of Chautauqua and Cattaraugus.

Enumeration to be taken in 1855, and every ten years -Senate districts, how altered.

SEC. 4. An enumeration of the inhabitants of the State shall be taken, under the direction of the Legisla ture, in the year one thousand eight hundred and fiftyfive, and at the end of every ten years thereafter; and the said districts shall be so altered by the Legislature, at the first session after the return of every enumeration, that each Senate district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens, and persons of color not taxed; and shall remain unaltered until the return of another enumeration, and shall at all times consist of contiguous territory; and no county shall be divided in the formation of a Senate district, except such county shall be equitably entitled to two or more Senators.

Members of Assembly, number of, etc.

*SEC. 5. The Assembly shall consist of one hundred and twenty-eight members, elected for one year. The Members of Assembly shall be apportioned among the seve ral counties of the State, by the Legislature, as nearly as may be, according to the number of their respective inhabitants, excluding aliens and shall be chosen by single districts. The Assembly districts shall remain as at present organized, until after the enumeration of the inhabitants of the State, in the year eighteen hundred and seventy-five. The Legislature, at its first session after the return of every enumeration, shall appor

*As amended by vote of the people, November 3, 1874.

For existing Assembly districts, see chapter 208, Laws of

ARTICLE III - Continued.

tion the Members of Assembly among the several counties of the State, in manner aforesaid, and the board of supervisors in such counties as may be entitled under such apportionment to more than one member, except the city and county of New York, and in said city and county the board of aldermen of said city shall assemble at such time as the Legislature, making such apportionment shall prescribe, and divide their respective counties into Assembly districts, each of which districts shall consist of convenient and contiguous territory equal to the number of members of Assembly to which such counties shall be entitled, and shall cause to be filed in the offices of the Secretary of State and the clerks of their respective counties, a description of such districts, specifying the number of each district and the population thereof, according to the last preceding enumeration as near as can be ascertained, and the apportionment and districts shall remain unaltered until another enumeration shall be made as herein provided. No town shall be divided in the formation of Assembly districts. Every county heretofore established and separately organized, except the county of Hamilton, shall always be entitled to one member of the Assembly, and no new county shall be hereafter erected, unless its population shall entitle it to a member. The county of Hamilton shall elect with the county of Fulton, until the popula tion of the county of Hamilton shall, according to the ratio be entitled to a member. But the Legislature may abolish the said county of Hamilton, and annex the territory thereof to some other county or counties. Nothing in this section shall prevent division at any time of counties and towns, and the erection of new towns and counties by the Legislature.

This provision recognizes the power of the Legislature to erect new counties. People v. Morrell, 21 Wend. 563.

The Legislature cannot, by altering bounds of cities and towns alter an Assembly district except at the decennial apportionment. Kinne v. Syra cuse, 3 Keyes, 110.

ARTICLE III - Continued.

The provision for re-organizing Senate and Assembly districts at the next session of the Legislature after the decennial census is directory merely; an act for that purpose, passed at a subsequent session, is valid. Rumsey v. People, 19 N. Y. 41.

This provision' binds the Legislature as well as boards of supervisors. Lanning v. Carpenter, 20 N. Y. 447.

In determining the question of population the Legislature are not confined to the last census, nor restrained in regard to the nature of the evidence as their basis of the action. De Camp v. Eveland, 19 Barb. 81.

A new county may be erected for municipal and judicial purposes only, until the next apportionment, with right of suffrage to the electors meanwhile. Id.

Pay of members.

*SEC. 6. Each member of the Legislature shall receive for his services an annual salary of one thousand five hundred dollars. The members 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. No member to receive an appointment.

*SEC. 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 Legislature, 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.

Persons disqualified from being members.

*SEC. 8. No person shall be eligible to the Legislature who, at the time of his election, is, or within one hundred days previous thereto has been, a member of Con. gress, a civil or military officer under the United States,

* As amended by vote of the people, Nov. 3, 1874.