arms and assistants, shall receive the same compensation as provided by law for similar services and attendance upon the assembly. The amount of pay shall be certified by the president of the convention and shall be paid by the treasurer of the state on the warrant of the comptroller, in the same manner as members of the legislature are paid. It shall be the duty of the secretary of state to attend said convention at the opening thereof, and to call the roll thereof, to administer the constitutional oath of office to the members, and to preside at all meetings thereof until a president has been elected and has taken his seat. But the secretary of state shall have no vote therein. All public officers, boards and commissions shall furnish such convention with all such information, papers, statements, books or other public documents in their possession as the said convention shall order or require for its use from time to time while in session, and it shall be the duty of the comptroller to furnish the members thereof with stationery to the amount provided by law for members of the legislature while in session, and to the convention such stationery and file-boards and other like things as are furnished to the two houses of the legislature. And such convention may adopt such rules and regulations for its own government as a majority of its members may determine, and it shall be the judge of the election and qualifications of its own members. And it shall be the duty of the secretary of state, attorney-general and comptroller, who shall be in offica on the first day of January, eighteen hundred and ninetyfour, to cause to be prepared and ready for said convention, at the commencement of its session, a suitable manual, two copies of which shall be furnished to each member and officer of the said convention, and the expense of which shall be paid by the treasurer upon the warrant of the comptroller.

Proceedings in convention; privileges of delegates.

§ 9. A journal of the proceedings of said convention shall be kept and shall be daily printed and given to each member, and shall at the final adjournment thereof, be filed in the office of the secretary of state, and the amendments to the present constitution, or the constitution agreed to by said convention shall be recorded in his office. A majority of the convention shall con stitute a quorum to do business. The doors of the convention

shall be kept open to the public during all its sessions. Every delegate to the convention shall be privileged from arrest on civil process during his attendance at the session of the convention, except on process issued in any suit brought against him for any forfeiture, misdemeanor or breach of trust in any office or place of public trust held by him. Each delegate shall enjoy the like privilege for the space of fourteen days before and after any such session, and during adjournments thereof. Each delegate shall enjoy the like privilege while absent with leave of the convention. No officer of the convention, while in actual attendance upon the same, shall be liable to arrest on civil process. For any speech or debate in the convention the members shall not be questioned in any other place. The convention shall have the power to expel any of its members and to punish its members and officers. for disorderly behavior by imprisonment or otherwise, but no member shall be expelled until the report of a committee appointed to inquire into the facts alleged as the ground for his expulsion shall have been made. The convention shall have the power to punish as a contempt and by imprisonment, or otherwise, a breach of its privileges, or of the privileges of its members; but such powers shall not be exercised, except against persons guilty of one or more of the following offenses:

1. The offense of arresting a member or officer of the convention in violation of his privilege from arrest, as hereinbefore declared.

2. That of disorderly conduct in the immediate view and presence of the convention and directly tending to interrupt its proceedings.

3. That of publishing any false and malicious report of the proceedings of the convention, or of the conduct of a member in his delegated capacity.

4. That of refusing to attend or be examined as a witness, or to produce papers and documents called for by subpoena, either before the convention or a committee, or before any person authorized by the convention or by a committee, to take testimony in the proceedings of the convention.

5. That of giving or offering a bribe to any member or of attempting by menace or any other corrupt means or device, directly or indirectly, to control or influence a member in giving his vote or to prevent him from giving the same. In all cases in

which the convention shall punish any of its members or officers, or any other person, by imprisonment, such imprisonment shall not extend beyond the session of the convention. Every person appointed to the office of secretary of the convention shall, before he enters on the duties of his office, execute a bond to the people of this state, with such security as the comptroller shall approve in the penal sum of twenty-five thousand dollars, conditioned that he shall faithfully perform the duties of his office, and account for all moneys which may come to his hands by virtue thereof. Submission to the people.

§ 10. The said amendments or revised constitution shall be submitted by the convention to the people for their adoption or rejection at the general election in November, eighteen hundred and ninety-four, and all laws providing for or regulating the submission of constitutional amendments, and all laws regulating general elections so far as the same are applicable and not inconsistent with the terms of this act, shall apply to such election; and every person entitled to vote for member of assembly may at that election vote on such adoption or rejection in the election district in which he shall then reside and not elsewhere. The said amendments or the said constitution shall be voted upon as a whole or in such separate propositions as the convention shall deem practicable and as the convention shall by resolution declare. All the provisions of the laws of this state in relation to the election of officers at a general election not inconsistent herewith shall apply to the voting thereon, so far as the same can be made applicable thereto; and the votes so given shall be canvassed and all the proceedings shall be had in regard to them, as nearly as practicable, in the manner prescribed by law in respect to the votes given for governor. And when it shall be ascertained by the board of state canvassers under the foregoing provisions that any proposition submitted as aforesaid has received more votes in its favor than have been cast against the same, then that proposition shall be declared to be adopted, either as the constitution, a part of the constitution or an amendment to the present constitution, as the case may be, and said board of state canvassers shall determine and declare by certificate, in writing, to be filed and recorded in the office of the secretary of state, the constitution as adopted, revised or amended and the same shall take effect from and after the thirty-first day of Decem

ber, eighteen hundred and ninety-four, unless the said convention shall prescribe some other time on which the same shall take effect, and the convention may in its discretion, by resolution, fix a time other than the foregoing; and each of the said amendments which shall not receive a majority of all votes given upon it at the same election, shall be void and of no effect.

Perjuries.

§ 11. All willful and corrupt false swearing, in taking any of the oaths prescribed by this act, or by the laws of this state made applicable to this act, or in any other mode or form in carrying into effect this act, shall be deemed perjury, and shall be punished in the manner now prescribed by law for willful and corrupt perjury. Printing and supplies for convention.

§ 12. The comptroller and secretary of state are hereby authorized and required in the month of March, eighteen hundred and ninety-three, to receive proposals and make a contract for all the printing, binding and other supplies necessary for said convention, and such contract shall be awarded under the provisions of the legislative law regulating legislative printing, so far as applicable to the supply of the printing, binding and other supplies necessary for said convention.

13. This act shall take effect immediately.

Terms of

surrogate's court in New York city.

Chap. 9.

AN ACT to amend section twenty-five hundred and four of the code of civil procedure, relative to surrogates' courts.

APPROVED by the Governor January 27, 1893. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section twenty-five hundred and four of the code of civil procedure is hereby amended so as to read as follows:

§ 2504. The surrogate's court is always open for the tran saction of any business, within its powers and jurisdiction. The surrogates of the city and county of New York, from time to time must appoint, and may alter the times of holding terms of that court for the trial of probate proceedings and for the hearing of motions and other chamber business. They must prescribe the

duration of such terms, and assign the surrogate to preside and attend at the terms so appointed. In case of the inability of a surrogate of that county to preside or attend, the other surrogate may preside or attend in his place. Two or more terms of the surrogate's court may be appointed to be held at the same time. The term of that court held at chambers shall dispose of all business except contested probate proceedings; all contested probate proceedings shall be disposed of at the trial term. appointment must be published in two newspapers published in Appoint the city of New York during or before the first week in January in each year; except that the surrogates of that county may, by notice to be published in two newspapers in the city of New York for at least five days, appoint the time for holding chambers and trial terms during the year eighteen hundred and ninety-three. All the powers conferred by law upon the surrogate Powers of of the city and county of New York may be exercised by either of the surrogates of said city and county.

§ 2. This act shall take effect immediately.

ment to be published.

surrogates.

Chap. 10.

AN ACT to amend chapter one hundred and thirty-seven of the laws of eighteen hundred and forty-two, entitled "An act in relation to the common schools in the city of Utica," and acts amendatory thereof and supplemental thereto.

APPROVED by the Governor January 28, 1893. Passed, three-fifths being present. The People of the State of New York, represented in Senats and Assembly, do enact as follows:

School act

Section 1. Section three of chapter one hundred and thirty- amended. seven of the laws of eighteen hundred and forty-two is hereby amended so as to read as follows:

sioners, their elec tion and terms.

§ 3. At every annual election for officers of the city in said Commis city there shall be elected by the electors of the city two commissioners of common schools to supply the places of those whose term of office is next to expire. They shall hold their office for three years and until there* successors are elected and have taken the oath of office, except as hereinafter provided. The term of office of all commissioners elected pursuant to the provisions of

*So in the original.