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supreme court, from time to time, and for so classifying those elected, that one shall be elected every second year.

1 N. Y., 17; 3 N. Y., 547.

SECTION 3.

There shall be a supreme court having general jurisdiction Supreme in law and equity.

21 B., 424; 2 N. Y., 186; 13 N. Y., 468

SECTION 4.

court.

districts.

The state shall be divided into eight judicial districts, of Judicial which the city of New York shall be one; the others to be bounded by county lines, and to be compact and equal in population as nearly as may be. There shall be four justices of the supreme court in each district, and as many more in the district composed of the city of New York, as may from time to time be authorized by law, but not to exceed in the whole such number in proportion to its population, as shall be in conformity with the number of such judges in the residue of the state, in proportion to its population. They shall be classified so that one of the justices of each district shall go out of office at the end of every two years. After the expiration of their terms under such classification, the term of their office shall be eight years.

SECTION 5.

tion, &c.,

The legislature shall have the same powers to alter and Jurisdic regulate the jurisdiction and proceedings in law and equity may be as they have heretofore possessed.

17 N. Y., 270.

SECTION 6.

altered.

justice.

hold courts.

Provision may be made, by law, for designating, from time Presiding to time, one or more of the said justices, who is not a judge of the court of appeals, to preside at the general terms of the said court to be held in the several districts. Any three Who may or more of the said justices, of whom one of the said justices so designated shall always be one, may hold such general terms. And any one or more of the justices may hold special terms, and circuit courts, and any one of them may preside in courts of oyer and terminer in any county.

SECTION 7.

tion to

The judges of the court of appeals and justices of the Compensa supreme court shall severally receive, at stated times, for judges. their services, a compensation, to be established by law, which shall not be increased or diminished during their continuance in office.

15 B., 529.

SECTION 8.

They shall not hold any other office or public trust. All votes for either of them for any elective office (except that of justice of the supreme court or judge of the court of appeals)

Judges to

hold no

other office.

given by the legislature or the people shall be void. They shall not exercise any power of appointment to public office. Attorneys, Any male citizen, of the age of twenty-one years, of good who may be moral character, and who possesses the requisite qualifications of learning and ability, shall be entitled to admission to practice in all the courts of this state.

Classification of judges and terms of court.

Equity

cases.

Removal of judges.

Judges,

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The classification of the justices of the supreme court; the times and place of holding the terms of the court of appeals, and of the general and special terms of the supreme court, within the several districts, and the circuit courts and courts of oyer and terminer, within the several counties shall be provided for by law.

SECTION 10.

The testimony in equity cases shall be taken in like manner as in cases at law.

SECTION 11.

Justices of the supreme court and judges of the court of appeals may be removed by concurrent resolution of both houses of the legislature, if two-thirds of all the members elected to the assembly and a majority of all the members elected to the senate concur therein. All judicial officers, except those mentioned in this section, and except justices of the peace and judges and justices of inferior courts, not of record, may be removed by the senate on the recommendation of the governor; but no removal shall be made by virtue of this section, unless the cause thereof be entered on the journals, nor unless the party complained of shall have been served with a copy of the complaint against him, and shall have had an opportunity of being heard in his defence. On the question of removal the ayes and noes shall be entered on the journals.

SECTION 12.

The judges of the court of appeals shall be elected by the how elected electors of the state, and the justices of the supreme court by the electors of the several judicial districts, at such times as may be prescribed by law.

Vacancies,

how sup

plied.

SECTION 13.

In case the office of any judge of the court of appeals or justice of the supreme court shall become vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appointment by the governor until it shall be supplied at the next general election of judges, when it shall be filled by election for the residue of the unexpired term.

13 N. Y., 350.

SECTION 14.

There shall be elected in each of the counties of this state, County judges. except the city and county of New York, one county judge, who shall hold his office for four years. He shall hold the county court and perform the duties of the office of surrogate. The county court shall have such jurisdiction, in cases arising in justices' courts, and in special cases, as the legislature may prescribe, but shall have no original civil jurisdiction except in such special cases.

sessions.

The county judge, with two justices of the peace, to be Courts of designated according to law, may hold courts of sessions, with such criminal jurisdiction as the legislature shall prescribe, and perform such other duties as may be required by law.

tion.

The county judge shall receive an annual salary, to be fixed Compensaby the board of supervisors, which shall be neither increased nor diminished during his continuance in office. The justices of the peace, for services in courts of sessions shall be paid a

per diem allowance out of the county treasury.

In counties having a population exceeding forty thousand, Surrogates.. the legislature may provide for the election of a separate officer to perform the duties of the office of surrogate.

powers.

The legislature may confer equity jurisdiction in special Equity cases upon the county judge.

courts.

Inferior local courts of civil and criminal jurisdiction may be Local
established by the legislature in cities; and such courts, except
for the cities of New York and Buffalo, shall have an uniform
organization and jurisdiction in such cities.

4 N. Y., 581; 6 N. Y., 176; 12 N. Y., 593; 15 N. Y., 297; 16 N. Y., 80;
17 N. Y., 316; 18 N. Y., 57, 126; 19 N. Y., 245.

SECTION 15.

The legislature may, on application of the board of super- Local judivisors, provide for the election of local officers, not to exceed cial officers. two in any county to discharge the duties of county judge and of surrogate, in cases of their inability, or of a vacancy, and to exercise such other powers in special cases as may be provided by law.

SECTION 16.

of judicial

The legislature may re-organize the judicial districts at the Alteration first session after the return of every enumeration under this districts. constitution, in the manner provided for in the fourth section of this article, and at no other time; and they may at such session increase or diminish the number of districts; but such increase or diminution shall not be more than one district at any one time. Each district shall have four justices of the supreme court; but no diminution of the districts shall have the effect to remove a judge from office.

SECTION 17.

The electors of the several towns shall at their annual town meeting, and in such manner as the legislature may direct,

Justices of how elected

the peace,

Their removal.

Judicial officers of cities, &c.

Clerks of supreme

appeals.

elect justices of the peace, whose term of office shall be four
years. In case of an election to fill a vacancy occurring before
the expiration of a full term, they shall hold for the residue of
the unexpired term. Their number and classification may be
regulated by law. Justices of the peace and judges, or justices
of inferior courts, not of record, and their clerks, may be
removed after due notice, and an opportunity of being heard
in their defence by such county, city, or state courts as may
be prescribed by law, for causes to be assigned in the order of
removal.
17 N. Y., 370.

SECTION 18.

All judicial officers of cities and villages, and all such judicial officers as may be created therein by law, shall be elected at such times and in such manner as the legislature may direct.

SECTION 19.

Clerks of the several counties of this state shall be clerks of court and of the supreme court, with such powers and duties as shall be prescribed by law. A clerk of the court of appeals, to be ex officio clerk of the supreme court, and to keep his office at the seat of government, shall be chosen by the electors of the state; he shall hold his office for three years, and his compensation shall be fixed by law and paid out of the public treasury. SECTION 20.

No fees to judicial officers.

Appeals

courts.

No judicial officer, receive, to his own use,

except justices of the peace shall any fees or perquisites of office.

SECTION 21.

The legislature may authorize the judgments, decrees and from local decisions of any local inferior court of record, of original civil jurisdiction, established in a city, to be removed, for review, directly into the court of appeals.

Publica

tion of laws.

Tribunals

of conciliation.

Revision of practice.

SECTION 22.

The legislature shall provide for the speedy publication of all statute laws, and of such judicial decisions as it may deem expedient. And all laws and judicial decisions shall be free for publication by any person.

SECTION 23.

Tribunals of conciliation may be established, with such powers and duties as may be prescribed by law; but such tribunals shall have no power to render judgment to be obligatory on the parties, except they voluntarily submit their matters in difference and agree to abide the judgment, or assent thereto, in the presence of such tribunal, in such cases as shall be prescribed by law.

SECTION 24.

The legislature, at its first session after the adoption of this constitution, shall provide for the appointment of three

commissioners, whose duty it shall be to revise, reform, simplify and abridge the rules of practice, pleadings, forms and proceedings of the courts of record of this state, and to report thereon to the legislature, subject to their adoption and modification from time to time.

SECTION 25.

tion of

The legislature, at its first session after the adoption of this Organizaconstitution shall provide for the organization of the court of court of appeals, and for transferring to it the business pending in the appeals. court for the correction of errors, and for the allowance of writs of error and appeals to the court of appeals from the judgments and decrees of the present court of chancery and supreme court, and of the courts that may be organized under this constitution.

ARTICLE VII.
SECTION 1.

sinking

fund.

After paying the expenses of collection, superintendence Canal debt. and ordinary repairs, there shall be appropriated and set apart, in each fiscal year, out of the revenues of the state canals, in each year, commencing on the first day of June, one thousand eight hundred and forty-six, the sum of one million and three hundred thousand dollars, until the first day of June, one thousand eight hundred and fifty-five, and from that time, the sum of one million and seven hundred thousand dollars, in each fiscal year, as a sinking fund, to pay the interest and redeem the principal of that part of the state debt called the canal debt, as it existed at the time first aforesaid, and including three hundred thousand dollars, then to be borrowed, until the same shall be wholly paid; and the principal and income of the said sinking fund shall be sacredly applied to that purpose.

SECTION 2.

After complying with the provisions of the first section General of this article there shall be appropriated and set apart out of inking the surplus revenues of the state canals in each fiscal year, com- fund. mencing on the first day of June, one thousand eight hundred and forty-six, the sum of three hundred and fifty thousand dollars, until the time when a sufficient sum shall have been appropriated and set apart, under the said first section, to pay the interest and extinguish the entire principal of the canal debt; and after that period, then the sum of one million and five hundred thousand dollars in each fiscal year, as a sinking fund, to pay the interest and redeem the principal of that part of the state debt called the general fund debt, including the debt for loans of the state credit to railroad companies, which have failed to pay the interest thereon, and also the contingent debt on state stocks loaned to incorporated companies which have hitherto paid the interest thereon, whenever, and as far

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