ARTICLE I- Continued.

nor partly for public and partly for private use. Matter of Albany Street, 11 Wend. 148; nor were not necessary. Id.

Property whose abuse engenders mischief is protected. v. People, 13 N. Y. 378; for example intoxicating liquors

Wynehamer

But to eatitle the owner to compensation there must be an actual taking of private property; mere consequential damage does not give the right to compensation. Lansing v. Smith, 4 Wend, 9; Matter of Hamilton Avenue, 14 Barb. 403; Swett v. City of Troy, 62 1d. 630; People v. Supervisors of Oneida, 19 Wend. 102; Radcliffy Mayor of Brooklyn, 4 N. Y. 195; relaying a railroad track is not a "taking Hentz v. L. I. R. Co., 13 Barb. 646; but an easement is such a "taking. People v. Haines, 49 N Y. 537; so is the laying of an elevated railway in a street, although the fee is in the public. Story v. N. Y. El. Ry. Co., 90 N. Y. 122; S. C., 43 Am. Rep. 146; so the conversion of a city reservoir into a public park; Webb v. Mayor, 61 How. Pr. 10; so the erection of telegraph poles; Tiffany v. U. S. Illum. Co., 67 id. 73.

The citizen is not entitled to compensation where a public way to his property is closed, provided another is left. Fearing v. Irwin, 55 N. Y. 483.

A law providing that when a plank-road is surrendered the land shall revert to the town, is valid as to land to which the road got absolute title. Heath v. Barmore 50 N. Y. 302.

A lay declaring a private stream, on which riparian owners have vested nterests, a public highway, without providing compensation to the owners, is void. Morgan v. King, 35 N. Y. 454.

The lien of a judgment. not ripened into title, may be superseded by the exercise of the right of eminent domain, upon compensation. Watson v. N. Y. Cent. R. R. Co., 47 N. Y. 157.

A reversionary interest cannot be acquired without compensation. Matter of N. Y. Cent., etc., R. R. Co., 60 N. Y. 116.

The State may appropriate the Indian lands for public use upon compensation; Wadsworth v. Buffalo Hydraulic Association, 15 Barb 83: my authorize the laying of railroads in highways or streets; Buffalo & N. Y. City R. Co v. Brainard, 9 N. Y. 100; or the taking of the franchises of a corporation; Er parte Kerr, 42 Barb. 119; or the appropriation of any stream; Partridge v. Eaton, 3 Hun, 533; or the pasturing of cattle, etc., on highways. Hardenburgh v. Lockwood, 25 Barb. 9; or the drainage of lands. Matter of Ryers, 72 N. Y. 1; S. C., 28 Am. Rep. 88.

An act prohibiting a second railway in a street without censent of the first is valid. Matter of Thirty-fourth Street R. Co.. 37 Hun, 442.

An act vacating a street and vesting the soil in the corporation is unconstitutional; John Street, 19 Wend. 659; nor can the Legislature reduce the width of a road and vest the surplus in the former owner who had already received compensation; People v. Commissioners of Pala

tine, 53 Barb. 70.

When lands are taken for public use, the public acquires absolute title, divested of dower; Moore v. New York, 8 N. Y. 110; and of reversion; Rexford v. Knight, 11 id. 30s; but not where an easement only was acquired; Heard v. City of Brooklyn, 60 id. 242: and may divert them to other purposes; Heyward v. New York, 7 id. 319; Heath v. Barmore, 50 id. 302

Where a law provides adequate means for obtaining compensation. it need not be actually paid before appropriation. Rider v. Struker, 63 N. Y. 137; Patten v. N. Y. El. Ry. Co. 3 Abb. N. C. 306; Matter of U. S., 46 N. Y. 227; Matter of Mayor, 99 id. 569.

ARTICLE I-Continued.

But the owner may not be remitted to a tax fund for compensation. Sage v. City of Brooklyn, 89 N. Y. 189; Matter of Church, 92 id. 1.

The power may not be exercised by a private corporation. Dusenbury v. Mut. Teleg. Co., 11 Abb. N. C. 410.

By the Federal Constitution, art. 1. § 10, subd. 1, no State can pass any ex post facto law, or law impairing the obligation of contracts.

EX POST FACTO LAWS. This provision has no application to laws relating exclusively to private rights; Southwick v. Southwick, 49 N. Y. 510; and applies only to crimes and punishments; Dash v. Van Kleeck, 7 Johns. 477.

WHAT LAWS ARE EX POST FACTO. — A law increasing the punishment denounced against an act when committed, or changing the punishment without lessening it; Shepherd v. People, 25 N. Y. 406; Hartung v. People, 26 id. 127; an act imposing upon electors a test oath as to past conduct: Green v. Slimway, 39 id. 418.

An act forbidding suit on insurance policies by a home company if assured die in a State imposing certain restrictions on companies of this State. Hamilton v. Knick. Life Ins. Co., N. Y. Daily Reg., Dec. 15, 1882. WHAT LAWS ARE NOT EX POST FACTO.-Those changing the rules of evidence of the details of a criminal trial; People v. Stokes, 53 N. Y. 164; a law granting peremptory challenges to the people; Walter v. People. 32 id. 147: an act of Congress providing that deserters from military service, who shall refuse to return to service within a specified time, shall forfeit their citizenship; Gotchens v. Matheson, 58 Barb. 152; a law increasing punishment; People v Raymond, 32 Hun, 123.

The former law cannot be revived as to persons who meantime have obtained an adjudication in their favor. Hartung v. People, supra.

LAWS IMPAIRING OBLIGATION OF CONTRACTS, WHAT ARE. Laws divesting vested rights in property. Benson v. Mayor of New York, 10 Barb. 223; whether by State grant. People v. Platt, 17 Johns. 195; People ex rel. Fountain v. Supervisors of Westchester, 4 Barb. 64; or by private conveyance. Van Rensselaer v. Ball, 19 N. Y. 100; laws affecting marital rights already acquired in property. White v. White, 5 Barb. 474; Lawrence v. Miller, 2 N. Y. 245, laws extending time for redemption from tax sale where purchaser has already got title. Dikeman v. Dikeman, 11 Pai. 484; laws altering descent of lands already vested. Me Cloughry v. Lyon, 9 Cow. 664; where a grant to one bridge company prohibits the erection of another bridge within a certain distance, a subsequent grant to another company. Chenango Bridge Co. v. Binghamton Bridge Co., 3 Wall (U. S. Sup. Ct.) reversing 27 N. Y. 87; franchises of a corporation unreservedly granted. McLaren v. Pennington, 1 Pai. 102; a ferry franchise. Benson v. New York, 10 Barb. 223; insolvent laws in their retrospective action. Roosevelt v. Cebra, 17 Johns. 18; an act releasing a city on stolen bonds in hands of a bona fide holder upon issuing duplicates to the original owner. Feople v. Otis, 90 N. Y. 48. WHAT ARE NOT. --See Matter of Buffalo, etc., R. Co., 111 N. Y. 132. Laws affecting prospective marital rights, as courtesy. Danber v. Tornsend, 22 N. Y. 517: and inchoate dower. Richardson v. Pulver, 63 Barb. 67. Game laws. Phelps v. Racey, 60 N. Y. 10. Statutes exempting property from taxation. People v. Roper, 35 id. 629. People v. Comm'rs, 47 id. 501. Laws substituting a salary for fees of a public officer. Conner v. New York, 5 id. 285; or taking away such compensation entirely. Conner v. New York, 5 id. 285. A law repealing a clause in the charter of a bridge company prohibiting the erection of another bridge within a certain distance. Fort Plain Bridge Co. v. Smith, 30 id. 44. A statute directing the review of a municipal assessment

ARTICLE I-Continued.

declared by the original act to be final and conclusive. Widening of Broadway, 49 id. 150; Clark v. Miller, 51 id. 525. A license to sell liquor, Board of Excise v. Barry, 34 id. 654. Laws modifying privileges of a corporation where the right to amend was reserved in the charter. Hyatt v. Whipple, 37 Barb. 595; as a law rendering stockholders individually liable. Empire City Bank, 18 N. Y. 199; Ex parte Reciprocity Bank, 22 id. 9. Laws changing or repealing powers conferred on municipal corporations. People v. Morris, 13 Wend. 325; Darlington v. New York, 31 N. Y. 164. Laws merely affecting the remedy. Ex parte Palmer, 40 id. 561; even if a remedy is taken away. Lennon v. New York, 55 id. 361; as exemption laws. Morse v. Gould, 11 id. 281; laws abolishing distress for rents. Van Rensselaer v. Snyder, 13 id. 299; or a future right of appeal. Grover v. Coon, 1 id. 536; People v. Fowler, 55 id. 675; a reasonable statute of limitations. Rexford v. Knight, 11 id. 30s; an act reducing the time to redeem a mortgage sale. Butler v. Palmer, 1 Hill, 324. Mechanics' lien laws. Hauptman v. Catlin, 20 N. Y. 247. An act reviving proceedings against personal representatives of deceased assignees. Ex parte Grove, 53 N. Y. 645. Insolvent laws as to prospective action. Mather v. Bush, 16 Johns. 233. National bankrupt laws. Mc Cormick v. Pickering, 4 N. Y. 276. The exercise of the right of eminent domain. Lansing v. Smith, 4 Wend. 9. The civil damage act. Bertholf v. O'Reilly, 18 Alb. L. Jour. 389. An act repealing a tax exemption. People ex rel. Davies v. Comm'rs, 47 N. Y. 501. An act suspending pablic work and thus involving a breach of contract with a citizen. Lord v. Thomas, 64 id. 107. An act declaring any evidence prima facie proof. Howard v. Moot, id. 262; an act regulating business by foreign insurance companies. People v. Fire Ass'n of Philadelphia, 92 N. Y. 311; a statute repealing a statute allowing merely equitable claim against a county before payment. People v. Supervisors, 67 id. 109; 23 Am Rep. 94; an act giving to fire departments the tax on foreign insurance companies. Trustees v. Roome, 93 N. Y. 313; 45 Am. Rep 217; an act allowing others to use a street railway on making compensation. Sixth Ave. R. Co. v. Kerr, 72 N. Y. 330; a law imposing a tax on foreign corporations. People v. Equit. Trust Co., 96 id. 387; People v. Home Ins. Co., 92 id. 328.

COMPENSATION.— Benefit to the adjacent land of an owner whose land is taken for a public use is compensation, within this provision, and may equalize the damage. Betts v. Williamsburgh, 15 Barb 255.

The inchoate right of dower of the wife of the owner of land so taken is divested by compensation to the husband. Moore v. Mayor, 8 N. Y. 110. A statute deferring the payment of the compensation until it can be raised by tax is constitutional. Hammersly v. Mayor, 56 N. Y. 533; Chapman v. Gates, 54 id. 132.

Payment into court, under the general railroad act, when there are adverse claims to the compensation, is valid. Matter of N. Y. C. & H. R. R. R. Co., 60 N. Y. 116.

The clause, " be deprived of life, liberty or property without due process of law," is to have a large and liberal interpretation. People v. King, 110 N. Ý. 423.

A street railroad franchise is "property "in the highest sense of the term, and not a mere license or privilege revokable at the will of the State. People v. O'Brien, 111 N. Y. 40, 41.

ARTICLE I- Continued.

Private property - Private roads.

SEC. 7. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited.

See Matter of Village of Middleton, 82 N. Y. 196.

This mode of assessing damages does not apply to assessments of benefits chargeable on owners whose lands are benefited by a local improvement People ex rel. Griffin v. Mayor, 4 N. Y. 419.

The jury" referred to means a body drawn in the ordinary mode, but whose decision may be pronounced by a majority. Cruger v. Hudson R. R. Co., 12 N. Y. 190.

An act providing that such assessors may be appointed by a common council, is unconstitutional. House v. City of Rochester, 15 Barb. 517; so where the common council is empowered to select twelve and draw three for commissioners. Menges v. "City of Albany, 56 N. Y. 374; Hilton v. Bender, 69 id. 76.

A statute providing for re-assessment by a jury, when an assessment by commissioners is unsatisfactory, is valid. Clarke v. Miller, 42 Barb. 255. The creation of a new road, which may answer as a substitute for a private way, does not affect the title of the party to the private way. Crounse v. Wemple, 29 N. Y. 540.

Where there has been an assessment in one mode, the Legislature may direct a re-assessment in the other. Clark v. Miller, 54 N. Y. 528.

Freedom of speech and of the press.

SEC. 8. Every citizen may freely speak, write and pub lish his sentiments on all subjects, being respousible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury, that the matter charged as libelous is true, and was published with good motives, and for justifiable ends,

ARTICLE I-Continued.

the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

This applies only to criminal prosecutions. George v. Jennings, 4 Hun, 66.

An act prohibiting advertising lotteries, is valid. Hart v. People, 26 Hun, 396.

Two-third bills.

SEC. 9. The assent of two-thirds of the members elected to each branch of the Legislature shall be requisite to every bill appropriating the public moneys or property for local or private purposes.

Such bills must show on their face the requisite vote. People v. Comrs., 54 N. Y. 276; 13 Am. Rep. 5-1

This applies to appropriations for purposes either private or local. People v. Allen, 42 Ñ. Y. 378.

The acts concerning the relinquishment of escheats did not require a two-thirds vote; Englishbee v. Helmuth, 3 N. Y. 294; nor the act substituting commutation for military service; People ex rel. Scott v. Supervisors, 8 id. 317; the term "public moneys" means moneys belonging to the State; Matter of Tax Payers of Kingston, 40 How. Pr. 444; the appropriation of money to improve a particular river is local, within this provision; People ex rel. Adart v. Allen, 42 N. Y. 378.

An act vesting in a town for road purposes the title of the State to lands, is within this provision. People ex rel. Purdy v. Commrs. of Highways of Marlborough, 54 N. Y. 276; 13 Am. Rep. 581.

An act declaring the compensation of a public officer to be a public charge, and directing a board of supervisors to allow it, is not within this provision. Morris v. People 3 Den. 381.

Does not apply to an act directing that commissions formerly allowed to county treasurers go to the counties. Supervisors of Seneca County v. Allen, 99 N. Y. 532.

Right of petition – Divorces - Lotteries.

SEC. 10. No law shall be passed abridging the right of the people peaceably to assemble and to petition the government, or any department thereof, nor shall any divorce be granted, otherwise than by due judicial proceedings; nor shall any lottery hereafter be authorized or any sale of lottery tickets allowed within this State.

Payment of prizes in money is not an essential Ingredient of a lottery; it is equally a lottery if the prizes are lands and chattels. Governors of Alms-house v. Am. Art Union, 7 N. Y. 228.

The sale of foreign lottery tickets is within the prohibition. Charles v. People, 1 N. Y. 180.