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time thereafter may, enact laws excluding from the right of suffrage all persons convicted of bribery or of any infamous crime."]

(See Penal Code, §§ 411, 41p, 41q; Election L., §§ 30, 111.) One who has been convicted of a felony while a minor, and has served out his term before attaining majority, is disqualified as an elector. (Hamilton v. People, 57 Barb. 625. See People ex rel. Furman v. Clute, 50 N. Y. 451.)

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Certain occupations and conditions not to affect residence. § 3. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while employed in the service of the United States; nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse, or other asylum, or institution wholly or partly supported at public expense or by charity; nor while confined in any public prison.

[Section 3 of article II of the amended constitution of 1846 amended by inserting after the word "asylum" the words or other institution wholly or partly supported," and after the word expense the words" or by charity."]

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Not applicable to fishermen who elect their residence in the place of their business. (1871.) (Opinion of Atty.-Gen. 585.)

A prisoner though not strictly confined and under an irregular or illegal commitment cannot gain a voting residence. (People v. Cady [Ct. of App.], 60 N. Y. St. Rep. 474.)

The Soldiers' Home at Bath is an "asylum" hereunder.

than a declaration of his intention to reside there. (Silvey An inmate must find his voting qualifications in other facts v. Lindsay, 42 Hun, 116, affirmed in 107 N. Y. 55.)

This section does not prevent a student from abandoning his previous home and of acquiring a residence at the place where the seminary which he attends is situated. (Matter of Ward [Sp. T.], 29 Abb. N. C. 187.)

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Registration and election laws to be passed.§ 4. Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established, and for the registration of voters; which registration shall be completed at least ten days before each election. Such registration shall not be required for town and village elections except by express provision of law. In cities and villages having five thousand inhabitants or more, according to the last preceding state enumeration of inhabitants, voters shall be registered upon personal application only; but voters not residing in such cities or villages shall not be required to apply in person for registration at the first meeting of the officers having charge of the registry of voters.

[Section 4 of article II of the amended constitution of 1846 amended by adding all after the word established."]

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Manner of voting.— § 5. All elections by the citizens, except for such town officers as may by law be directed to be otherwise chosen, shall be by ballot, or by such other method as may be prescribed by law, provided that secrecy in voting be preserved.

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[Section 5 of article II of the amended constitution of 1846 amended by transposing the words shall be by ballot" from after the word "citizen" to after the word chosen," and by adding all after the word "ballot."]

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The amendment of this section authorizes the legislature to adopt a mechanical device for recording and counting votes.

Supervisors may be elected by ayes and nays, or by a show of hands, or other division, if the legislature so authorizes. (People ex rel. Clancy v. Supervisors, 139 N. Y. 524, 528.)

Registration and election boards to be bi-partisan, except at town and village elections.- § 6. All laws creating, regulating or affecting boards of officers charged with the duty of registering voters, or of distributing ballots at the polls to voters, or of receiving, recording or counting votes at elections, shall secure equal representation of the two political parties which, at the general election next preceding that for which such boards or officers are to serve, cast the highest and the next highest number of votes. All such boards and officers shall be appointed or elected in such manner, and upon the nomination of such representatives of said parties respectively, as the Legislature may direct. Existing laws on this subject shall continue until the Legislature shall otherwise provide. This section shall not apply to town meetings, or to village elections.

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(See Laws 1894, chapter 348.)

ARTICLE III.

Legislative powers.- Section 1. The legislative power of this State shall be vested in the Senate and Assembly.

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[Section 1 of article III of the amended constitution of 1846 amended by changing the word "a" before " senate to the.' This amendment was not referred to by the revisers, but as the people voted on the " Revised Constitution," it seems to have been effected.]

The constitution confers upon the legislature the whole legislative power, unlimited save by the restrictions of the state and federal constitutions. (People v. West, 106 N. Y. 293; People ex rel. v. Keeler, 99 id. 463; Bertholf v. O'Reilly, 74 id. 509; People ex rel. v. Flagg, 46 id. 401; Bank of Chenango v. Brown, 26 id. 467; People v. Learned, 5 Hun, 626.)

If no authority were delegated to the legislature by the constitution it would still have the power to exercise and declare the will of the people. (People v. Young, 18 App. Div. 162.) (1897.)

Subject to the limitations of the constitution, the legislature may change or abrogate a right derived from legislative authority (People ex rel. McCarthy v. French, 10 Abb. N. C. [Gen. T.] 418); may interfere with vested rights (Butler v. Palmer, 1 Hill, 324); may directly control the local public affairs of any civil division of the state. (People v. Tweed, 63 N. Y. 202.)

Under our government, the powers are divided into legislative, judicial and executive branches, each restricted to the exercise of its own legitimate functions; and unless a constitutional warrant can be found, no one of them should be permitted to be made the domain of the other. (People ex rel. Sabold v. Webb [Sp. T.], 23 N. Y. St. Rep. 325.)

The legislature may provide that an act shall take effect on the happening of a future event, certain or uncertain

(Corning v. Greene, 23 Barb. 33; People v. Fire Association, 92 N. Y. 311); but, except as authorized by the constitution, cannot divide the responsibility of enacting laws, as by referring their enactment to a popular vote (Thorne v. Cramer, 15 Barb. 112; Bradley v. Baxter, 15 id. 122; People ex rel. v. Stout, 23 id. 349; Corning v. Greene, id. 33; Barto v. Himrod, 8 N. Y. 483); but it may enact that the electors of a village may determine what parts of the general village law shall apply to their village (Bank of Chenango v. Brown, 26 N. Y. 467); or that a provision is not to be effective until approved by a vote of the inhabitants of a municipality. (Bank of Rome v. Rome, 18 N. Y. 38.)

The legislature cannot declare in advance the effect of subsequent legislation on existing statutes. (Mongeon v. People, 55 N. Y. 613.)

The legislature cannot control future legislation upon matters of a public interest. (People v. L. I. R. R. Co., 9 Abb. N. C. 181.)

An act authorizing the supreme court, on application, to order gates to be erected by a railroad company at a certain street, is not a delegation of legislative power. (People v. L. I. R. R. Co., 134 N. Y. 506.)

The legislature may determine whether a special act is necessary. (People v. Bowen, 21 N. Y. 517; U. S. Trust Co. v. Brady, 20 Barb. 119.)

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The taxing power of the legislature for public purposes is unlimited, except as restrained by the constitution. Van Antwerp, 56 N. Y. 261; McLaughlin v. Miller, 124 id. 510; State v. County of Kings, 125 id. 312.) Thus it may cure defects and confirm taxes where there was jurisdiction to impose them. (People v. McDonald, 69 id. 362; Terrel v. Wheeler, 123 id. 76; Cromwell v. MacLean, 123 id, 474.) It may confirm a tax imposed where the assessment omits property which might originally have been exempted. (Van Deventer v. Long Island City, 139 id. 133.) It may delegate to a municipality the power to tax for the expenses of the local government. (Matter of Petition of Zborowski, 68 id. 88.)

The power of the legislature to apportion taxes is as broad

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