Concurrent Resolutions amend CONCURRENT RESOLUTION of the Senate and Assembly Proposed proposing an amendment to article eight of the constitution, ment to in relation to limitation of indebtedness of cities art. 8, § 10. cities, not to loan credit; limitation edness. Section 1. Resolved (if the Senate concur), That section ten of article eight of the constitution be amended to read as follows: § 10. No county, city, town or village shall hereafter give any Counties, money or property, or loan its money or credit to or in aid of towns and any individual, association or corporation, or become directly or villages indirectly the owner of stock in, or bonds of, any association or give or corporation; nor shall any such county, city, town or village be money or allowed to incur any indebtedness except for county, city, town or village purposes. This section shall not prevent such county, city, of indebttown or village from making such provision for the aid or support of its poor as may be authorized by law. No county or city shall be allowed to become indebted for any purpose or in any manner to an amount which including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such indebtedness; and all indebtedness in excess of such limitation, except such as now may exist, shall be absolutely void, except as herein otherwise provided. No county or city whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of cer- Debts to tificates of indebtedness or revenue bonds issued in anticipation section of the collection of taxes for amounts actually contained or to be plicable. contained in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes; nor to prevent the city of New York from issuing bonds to be redeemed out of the tax levy for the year next succeeding the year of their issue, provided that the amount of such bonds which may be issued in any one year in excess of the limiations herein contained shall not exceed one-tenth of one per centum of the assessed valuation of the real estate of said city subject to taxation. All certifi cates of indebtedness or revenue bonds issued in anticipation of the collection of taxes, which are not retired within five years after their date of issue, and any debt hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise indebted; except that debts heretofore or hereafter incurred by any city to provide for the supply of water, shall not be so included; and except that debts not exceeding in the aggregate the sum of ten million dollars, heretofore or hereafter incurred by any city with a population of not less than two hundred and fifty thousand and not more than one million, and except that debts not ex1 Remainder of section materially amended. which not ap Concurrent Resolutions ceeding in the aggregate the sum of five million dollars heretofore or hereafter incurred by any city with a population of not less than one hundred and seventy-five thousand and not more than two hundred and fifty thousand, for so much of the cost and expense of any public improvement as may be required by the ordinance or other local legislative law therein assessing the same to be raised by assessment upon local property or territory, shall not be so included; and except further that any debt hereafter incurred by the city of New York for a public improvement owned or to be owned by the city, which yields to the city current net revenue, after making any necessary allowance for repairs and maintenance for which the city is liable, in excess of the interest on said debt and of the annual installments necessary for its amortization may be excluded in ascertaining the power of said city to become otherwise indebted, provided that a sinking fund for its amortization shall have been established and maintained and that the indebtedness shall not be so excluded during any period of time when the revenue aforesaid shall not be sufficient to equal the said interest and amortization installments, and except further that any indebtedness heretofore incurred by the city of New York for any rapid transit or dock investment may be so excluded proportionately to the extent to which the current net revenue received by said city therefrom shall meet the interest and amortization installments thereof, provided that any increase in the debt incurring power of the city of New York which shall result from the exclusion of debts heretofore incurred shall be available only for the acquisition or construction of properties to be used for rapid transit or dock purposes. The legislature shall prescribe the method by which and the terms and conditions under which the amount of any debt incurred by the city of New York for a revenue producing improvement to be so excluded shall be determined, and no such debt shall be excluded except in accordance with the determination so prescribed. The legislature may in its discretion confer appropriate jurisdiction on the appellate division of the supreme court in the first judicial department for the purpose of determining the amount of any debt to be so excluded. No indebtedness of a city valid at the time of its inception shall thereafter become invalid by reason of the operation of any of the provisions of this section. Whenever the boundaries of any city are the same as those of a county, or when any city shall include within its boundaries more than one county, the power of any county wholly included within such city to become indebted shall cease, but the debt of the county, heretofore existing, shall not, for the purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants, or in any such city of this state, in addition to providing for the principal and interest of the county or city debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or Concurrent Resolutions city, to be ascertained as prescribed in this section in respect to county or city debt. added. § 2. Resolved (if the Senate concur), That article eight of the 10 constitution be amended by adding a new section to follow section ten, to be section ten-a, to read as follows: city for transit § 10-a. Notwithstanding any of the limitations prescribed by Debts of the preceding section, debts may be incurred by the city of New New York York after January first, nineteen hundred and twenty-eight, for rapid the construction or equipment, or both, of new rapid transit rail- railroads, roads not exceeding the sum of three hundred million dollars, and such debts shall not be included in computing the debt limit of such city for the purpose of ascertaining the power of such city to become otherwise indebted. § 3. Resolved (if the Senate concur), That the foregoing submisamendment be submitted to the people at the general election in sion to the year nineteen hundred and twenty-seven in accordance with 1927. the provisions of the election law. STATE OF NEW YORK IN ASSEMBLY, March 22, 1927. This bill was duly passed, a majority of all the members elected to the Assembly voting in favor thereof, threefifths being present. By order of the Assembly, J. A. McGINNIES. Speaker. STATE OF NEW YORK IN SENATE, March 23, 1927. EDWIN CORNING, President. people, amend art. 12. CONCURRENT RESOLUTION of the Senate and Assembly Proposed proposing an amendment to article twelve of the constitution, men to in relation to territory proposed to be annexed to a city Section 1. Resolved (if the Assembly concur), That article 8 twelve of the constitution be amended by adding thereto a new section to follow section seven, to be section eight, to read as follows: § 8. Annexation of territory to cities. No territory shall be annexed to any city until the people of the territory proposed to be annexed shall have consented to such annexation by a majority vote on a referendum called for that purpose. added. sion to § 2. Resolved (if the Assembly concur), That the foregoing submisamendment be submitted to the people for approval at the general people, election to be held in the year nineteen hundred and twenty-seven, 1927. in accordance with the provisions of the election law. STATE OF NEW YORK IN SENATE, Feb. 21. 1927. The foregoing resolution was duly passed, a majority of all the Senators elected voting in favor thereof. By order of the Senate. EDWIN CORNING, President. STATE OF NEW YORK IN ASSEMBLY, March 22, 1927. By order of the Assembly, 57 Speaker. AMENDMENTS TO RULES OF THE COURT OF APPEALS RELATING TO ADMISSION OF ATTORNEYS STATE OF NEW YORK IN COURT OF APPEALS At a Court of Appeals for the State of New York, held at Court of Appeals Hall in the City of Albany on the seventh day of June A. D. 1927. Present, HON. BENJAMIN N. CARDOZÓ, Chief Judge, Presiding. In the Matter of The Amendment of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors-at-Law. ORDERED: That the rules relative to the admission of attorneys and counselors at law be and they are hereby amended by adding thereto a new rule to read as follows: RULE IV-A Regulations concerning preliminary studies. Every candidate for admission to the bar upon examination, except (a) applicants in the third class mentioned in Rule III (i. e., persons who have been admitted and have practiced three years in another state or country), (b) applicants who shall have graduated from a college or university registered for this purpose by the State Department of Education must, before beginning the study of law on or after October 15, 1928, present evidence that 1. He has satisfactorily completed as shown by a certificate from the college or university one full year's study in any college or university, registered for this purpose by the State Department of Education, or the equivalent as hereinafter prescribed; and that 2. Prior to his admission to the college or university he satisfactorily completed a four-year secondary school course of study, or the equivalent, approved by the State Department of Education. In addition to the above an applicant for admission who is not a graduate of a college or university must present a certification of his record to the State Department of Education, and having obtained from said Department a certificate that he has met the qualifications in this rule expressed, must file this certificate with the clerk of the Court of Appeals whose duty it shall be to return to the person named therein a certified copy thereof showing the date of such filing. Such certificate shall be deemed to take effect as of the date of the completion of the requirements therefor. The State Department of Education may accept as the equivalent of the one year of college study, evidence that 1. The applicant has passed in a college or university approved for this purpose by the State Department of Education examinations sufficient to admit him to the sophomore year; or that 2. The applicant has passed in special examinations of college grade held and conducted by the said State Department of Education the following subjects: English composition; American Government and political history; physics; Latin, or a modern foreign language; economics or logic or psychology. In addition to these examinations he must present to the State Department of Education evidence of preparation in the subjects in which he is to be examined which said Department deems satisfactory. An applicant for credit toward admission to the study of law upon credentials from foreign countries shall present his credentials to the State Department of Education for evaluation and shall be allowed credit toward meeting the requirement, in this rule expressed, according to the value placed upon his credentials by said State Department of Education. In no case shall such applicant from a foreign county (unless English be the language of the country) be allowed full credit unless and until he has satisfactorily completed a course of study in English in a secondary school or college approved by the State Department of Education, or in lieu thereof, has passed an examination in English held and conducted under the authority of the State Department of Education. On and after October 15, 1929, the preliminary educational requirement shall be the same except that two years of college study shall be required instead of one. The equivalent of the two years of college study may be earned in the same manner as the equivalent of one year of college study in this rule provided, except that if an applicant presents evidence of having passed the examinations of a college or university they must be examinations which will admit him to the junior year instead of to the sophomore year, and that if he offers examinations of the State Department of Education he must pass in special examinations of college grade in English composition, English and American literature, American government and political history, physics, economics, logic, psychology and Latin or a modern foreign language. (A copy) [SEAL] Endorsed: Filed June 9, 1927. ROBERT MOSES, Secretary of State. WM. J. ARMSTRONG, Clerk. |