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

After paying the expenses of collection, superintendence Canal debt and ordinary repairs, there shall be appropriated and set fund." 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

Surplus

revenues

of canals.

Loans to

companies.

as any part thereof may become a charge on the treasury or general fund until the same shall be wholly paid; and the principal and income of the said last mentioned sinking fund shall be sacredly applied to the purpose aforesaid; and if the payment of any part of the moneys to the said sinking fund shall at any time be deferred, by reason of the priority recognized in the first section of this article, the sum so deferred, with quarterly interest thereon at the then current rate, shall be paid to the last mentioned sinking fund, as soon as it can be done consistently, with the just rights of the creditors holding said canal debt.

SECTION 3.

After paying the said expenses of superintendence and repairs of the canals, and the sums appropriated by the first and second sections of this article, there shall be paid out of the surplus revenues of the canals to the treasury of the state, on or before the thirtieth day of September in each year, for the use and benefit of the general fund, such sum, not exceeding two hundred thousand dollars, as may be required to defray the necessary expenses of the state; and the remainder of the revenues of the said canals shall in each fiscal year be applied in such manner as the legislature shall direct to the completion of the Erie canal enlargement and the Genesee Valley and Black River canals, until the said canals shall be completed.

If at any time after the period of eight years from the adoption of this constitution, the revenues of the state, unappropriated by this article, shall not be sufficient to defray the necessary expenses of the government, without continuing or laying a direct tax, the legislature may, at its discretion, supply the deficiency in whole or in part from the surplus revenues of the canals, after complying with the provisions of the first two sections of this article for paying the interest and extinguishing the principal of the canal and general fund debt; but the sum thus appropriated from the surplus revenues of the canals shall not exceed annually three hundred and fifty thousand dollars, including the sum of two hundred thousand dollars provided for by this section for the expenses of the government, until the general fund debt shall be extinguished, or until the Erie canal enlargement and Genesee Valley and Black River canals shall be completed, and after that debt shall be paid, or the said canals shall be completed, then the sum of six hundred and seventy-two thousand five hundred dollars, or so much thereof as shall be necessary, may be annually appropriated to defray the expenses of the government.

7 N. Y., 9, 83; 19 B., 291.

SECTION 4.

The claims of the state against any incorporated company to pay the interest and redeem the principal of the stock of the state, loaned or advanced to such company, shall be fairly enforced, and not released or compromised; and the moneys

arising from such claims shall be set apart and applied as part of the sinking fund provided in the second section of this article. But the time limited for the fulfilment of any condition of any release or compromise heretofore made or provided for, may be extended by law.

SECTION 5.

in sinking

If the sinking funds, or either of them, provided in this Deficiency article, shall prove insufficient to enable the state, on the credit funds. of such fund to procure the means to satisfy the claims of the creditors of the state, as they become payable, the legislature shall, by equitable taxes, so increase the revenues of the said funds as to make them, respectively, sufficient perfectly to preserve the public faith. Every contribution or advance to the canals or their debt from any source other than their direct revenues, shall, with quarterly interest, at the rates then current, be repaid into the treasury for the use of the state, out of the canal revenues, as soon as it can be done consistently with the just rights of the creditors holding the said canal debt.

SECTION 6.

to be sold.

The legislature shall not sell, lease, or otherwise dispose of Canals not any of the canals of the state, but they shall remain the property of the state, and under its management forever.

SECTION 7.

not to be

The legislature shall never sell or dispose of the salt springs Salt springs belonging to this state. The lands contiguous thereto, and sold. which may be necessary and convenient for the use of the salt springs, may be sold by authority of law, and under the direction of the commissioners of the land office, for the purpose of investing the moneys arising therefrom in other lands alike convenient; but by such sale and purchase the aggregate quantity of these lands shall not be diminished.

7 B., 599; 6 N. Y., 74; 12 N. Y., 603.

SECTION 8.

No moneys shall ever be paid out of the treasury of this Appropriastate or any of its funds, or any of the funds under its tion bills. management, except in pursuance of an appropriation by law; nor unless such payment be made within two years next after the passage of such appropriation act; and every such law, making a new appropriation or continuing or reviving an appropriation, shall distinctly specify the sum appropriated and the object to which it is to be applied; and it shall not be sufficient for such law to refer to any other law to fix such sum.

3 D., 381; 3 N. Y., 294; 8 N. Y., 317.

SECTION 9.

not to be

The credit of the state shall not, in any manner, be given State credit or loaned to, or in aid of, any individual, association or corpo- loaned. ration.

Power to

incur debt.

Debts to repel invasion, &c.

Limitation of power to

SECTION 10.

The state may, to meet casual deficits or failures in revenues, or for expenses not provided for, contract debts, but such debts direct and contingent, singly or in the aggregate, shall not at any time exceed one million of dollars; and the moneys arising from the loans creating such debts, shall be applied to the purpose for which they were obtained, or to repay the debt so contracted, and to no other purpose whatever.

SECTION 11.

In addition to the above limited power to contract debts, the state may contract debts to repel invasion, suppress insurrection or defend the state in war, but the money arising from the contracting of such debts shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever.

SECTION 12.

Except the debts specified in the tenth and eleventh sections incur debt. of this article, no debt shall be hereafter contracted by or on behalf of this state, unless such debt shall be authorized by a law for some single work or object to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax, to pay and sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within eighteen years from the time of the contracting thereof.

No such law shall take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it at such election.

On the final passage of such bill in either house of the legislature, the question shall be taken by ayes and noes to be duly entered on the journals thereof, and shall be: "Shall this bill pass and ought the same to receive the sanction of the people?"

The legislature may, at any time after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same; and may at any time, by law, forbid the contracting of any further debt or liability under such law; but the tax imposed by such act, in proportion to the debt and liability, which may have been contracted in pursuance of such law, shall remain in force and be irrepealable, and be annually collected until the proceeds thereof shall have made the provision herein before specified to pay and discharge the interest and principal of such debt and liability.

The money arising from any loan or stock creating such debt or liability, shall be applied to the work or object specified in the act authorizing such debt or liability, or for the repayment of such debt or liability, and for no other purpose whatever.