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8. Insolvency.-In case of the insolvency of any bank or banking association, the billholders thereof shall be entitled to preference in payment over all other creditors of such bank or association.
9. Cities and villages.-It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments, and in contracting debt by such municipal corporations.
10. State credit.-Neither the credit nor the money of the State shall be given or loaned to or in aid of any association, corporation or private undertaking. This section shall not, however, 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. Nor shall it apply to any fund or property now held, or which may hereafter be held by the State, for educational purposes.
11. Restrictions.—No county, city, town or village shall hereafter give any money or property, or loan its money or credit, to or in aid of any individual, association or corporation, or become, directly or indirectly, the owner of stock in or bonds of any association or corporation, nor shall any such county, city, town or village be allowed to incur any indebtedness, except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor, as may be authorized by law.
Secs. 1,2] SCHOOL FUNDS : COUNTY OFFICERS.
ARTICLE IX.--School Funds. 1. How applied.—The capital of the common school fund, the capital of the literature fund, and the capital of the United States deposit fund, shall be 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 said common school fund.
ARTICLE X.-County Officers. 1. Election of certain officers.—Sheriffs, clerks of counties, including the Register and Clerk of the city and county of New York, Coroners and District Attorneys, shall be chosen, by the electors of the respective counties, one in every three years and as often as vacancies shall happen. Sheriffs shall hold no other office, and be ineligible for the next three years 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 defence.
2. Election of other officers.-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. 3. Term of office.
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.
4. Time of election. The time of electing all officers named in this article shall be prescribed by law.
5. Vacancies.—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.
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 Tuesday in January, unless a different day shall be appointed by law.
1. Removal.—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.
8. Offices 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.
9. Salaries.—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 or other compensation.
ARTICLE XI.-Militia. 1. Bearing arms. The militia of this State shall, at all times hereafter, be armed and disciplined and in readiness for service; but all such inhabitants of this State of any religious demonstration whatever as from scruples of conscience may be averse to bearing arms, shall be excused therefrom upon such conditions as shall be prescribed by law.
2. Officers.—Militia officers shall be chosen, or appointed as follows:-Captains, subalterns, and noncommissioned officers shall be chosen by the written votes of the members of their respective companies ;
Field officers of regiments and separate battalions by the written votes of the commissioned officers of the regiments and separate battalions ; Brigadier-Generals and Brigade Inspectors by the field officers of their respective brigades; Major-Generals, Brigadier-Generals and commanding officers of regiments or separate battalions, shall appoint the staff officers to their respective divisions, brigades, regiments or separate battalions.
3. Appointments. The Governor shall nominate and, with the consent of the Senate, appoint all Major-Generals and the Commissary-General. The Adjutant-General and other Chiefs of staff departments, and the Aid-de-Camp of the Commander-in-Chief, shall be appointed by the Governor, and their commissions shall expire with the time for which the Governor shall have been elected. The Commissary-General shall hold his office for two years. He shall give security for the faithful execution of the duties of his office in such manner and amount as shall be prescribed by law.
4. Elections.—The Legislature shall, by law, direct the time and manner of electing militia officers, and of certifying their elections to the Governor.
5. Commissions. The commissioned officers of the militia shall be commissioned by the Governor ; and no commissioned officer shall be removed from office, unless by the Senate on the recommendation of the Governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial, pursuant to law. The present officers of the militia shall hold their commissions subject to removal, as before provided.