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day of July, one thousand eight hundred and forty-eight, the governor may nominate and by and with the advice and consent of the senate appoint a proper person to fill such vacancy. Any judge of the court of appeals or justice of the supreme court, elected imder this constitution, may receive and hold such appointment.
Section 8. oiBce» The offices of chancellor, justices of the existing supreme
»boiieiied. court, circuit judge, vice-chancellor, assistant vice-chancellor, judge of the existing county courts of each county, supreme court commissioner, master in chancery, examiner in chancery and surrogate (except as herein otherwise provided), are abolished from and after the first Monday of July, one thousand eight hundred and forty-seven (1847).
3 B., 332.
jndeet The chancellor, the justices of the present supreme court,
oflfce.* and the circuit judges are hereby declared to be severally eligible to any office at the first election under this constitution.
lcerto,Jioid Sheriffs, clerks of coimties (including the register and clerk
office. of the city and, county of New York) and justices of the
peace, and coroners in office when this constitution shall take
effect, shall hold their respective office until the expiration of
the term for which they were respectively elected.
officers Judicial officers in office when this constitution shall take
may receive effec£( may continue to receive such fees and perquisites of office as are now authorized by law, until the first day of July, one thousand eight hundred and forty-seven, notwithstanding the provisions of the twentieth section of the sixth article of this constitution.
Section 12. Local conns All local courts established in any city or village, including
to continue. ., . , i • j j. »
the superior court, common pleas, sessions and surrogate s courts of the city and county of New York, shall remain until otherwise directed by the legislature with their present powers and jurisdictions; and the judges of such courts and any clerks thereof in office on the first day of January, one thousand eight hundred and forty-seven, shall continue in office until the expiration of their terms of office, or until the legislature shall otherwise direct.
Section 13. constitn- This constitution shall be in force from and including the inwffflrt. first day of January, one thousand eight hundred and fortyseven, except as herein otherwise provided.
Done in convention at the capitol in the city of
Fk. Segee, )
AMENDMENT TO THE CONSTITUTION.
[The following amendment was proposed by the legislature in 1853, agreed to by the legislature in 1854, and approved and ratified by the people at an election held on the 14th day of February, 1854.]
Substitute for section three of article seven, the following: After paying the said expenses of collection, superintendence and repairs of the canals, and the sums appropriated by the first and second sections of this article, there shall be appropriated and set apart in each fiscal year, out of the surplus revenues of the canals, as a sinking fund, a sum sufficient to pay the interest as it falls due, and extinguish the principal within eighteen years, of any loan made under this section; and if the said sinking fund shall not be sufficient to redeem any part of the principal at the stipulated times of payment, or to pay any part of the interest of such loans as stipulated, the means to satisfy any such deficiency shall be procured on the credit of the said sinking fund. After complying with the foregoing provisions, there shall be paid annually out of said revenues, into the treasury of the state, two hundred thousand dollars, to defray the necessary expenses of government. The remainder shall, in each fiscal year, be applied to meet appropriations for the enlargement and completion of the canals mentioned in this section, until the said canals shall be completed. In each fiscal year thereafter the remainder shall be disposed of in such manner as the legislature may direct; but shall at no time be anticipated or pledged for more than one year in advance. The legislature shall, annually, during the next four years, appropriate to the enlargement of the Erie, the Oswego, the Cayuga and Seneca canals and to the completion of the Black River and Genesee Valley canals, and for the enlargement of the locks of the Champlain canal, whenever from dilapidation or decay it shall be necessary to rebuild them, a sum not exceeding two millions two hundred and fifty thousand dollars. The remainder of the revenues of the canals, for the current fiscal year in which such appropriation is made, shall be applied to meet such appropriation; and if the same shall be deemed insufficient, the legislature shall, at the same session, provide for the deficiency by loan. The legislature shall also borrow one million and five hundred thousand dollars, to refund to the holders of the canal revenue certificates issued under the provisions of chapter four hundred and eighty-five of the Laws of the year one thousand eight hundred and fifty-one, the amount received into the treasury thereon; but no interest to accrue after July first, one thousand eight hundred and fifty-five, shall be paid on such certificates. The provisions of section twelve of this article, requiring every law for borrowing money to be submitted to the people, shall not apply to the loans authorized by this section. No part of the revenues of the canals, or of the funds borrowed under this section, shall be paid or applied upon or in consequence of any alleged contract made under chapter four hundred and eighty-five of the Laws of the year one thousand eight hundred and fifty-one, except to pay for work done or materials furnished prior to the first day of June, one thousand eight hundred and fifty-two. The rates of toll on persons and property transported on the canals, shall not be reduced below those for the year one thousand eight hundred and fifty-two, except by the canal board with the concurrence of the legislature. All contracts for work or materials on any canal shall be made with the person who shall otter to do or provide the same at the lowest price, with adequate security for their performance.
AN ACT concerning the Revised Statutes.
Passed December 10, 1828.
The People of tlie State of New-Yoric, represented in Senate and Assembly, da declare and enact as follows:
3 1. The act passed on the fourth day of December, one First p»n thousand eight hundred and twenty-seven, entitled "An act vfsedstatconcerning the territorial limits and divisions, the civil polity, ute*and the internal administration of this state," consisting of twenty Chapters, shall be known and distinguished as the First Part of the Revised Statutes.
5 2. The act passed at the present meeting of the legislature second part entitled "An act relative to the acquisition, the enjoyment and the transmission of property, real and personal; to the domestic relations, and other matters connected with private rights," consisting of eight Chapters, the first of which was passed at the present meeting of the legislature, and the other Chapters were passed on the fourth day of December, one thousand eight hundred and twenty-seven, shall be known and distinguished as the Second Part of the Revised Statutes.
3 3. The act passed at the present meeting of the legislature, Thlr<1 p*rtentitled "An act concerning courts and ministers of justice, and proceedings in civil cases," consisting of ten Chapters, shall be known and distinguished as the Third Part of the Revised Statutes.
3 -4. The act passed at the present meeting of the legislature, Fourth port entitled "An act concerning crimes and punishments; proceedings in criminal cases; and prison discipline," consisting of three Chapters, shall be known and distinguished as the Fourth Part of the Revised Statutes.
§ 5. The following Chapters and parts of Chapters, of the said First Part of the Revised Statutes, as originally passed, are declared to have commenced and taken effect on the first day of January, one thousand eight hundred and twentyeight, viz.:
1. Chapter six, entitled "Of elections, other than for militia and town officers:"
2. Chapter eight, entitled "Of the duties of the executive officers of the state, and of various matters connected with their respective departments:"
s. Chapter nine, entitled "Of the funds, revenue, expenditures and property of the state, and the administration thereof," except section one hundred and eighty-six, of the ninth Title thereof, originally passed as section one hundred and eightyone, which section shall take effect on the first day of January, one thousand eight hundred and twenty-nine; and the forfeiture therein mentioned, shall not take effect until six months after the said section shall be in force as a law.
4. Chapter ten, entitled "Of the militia and the public defence:"
5. Chapter thirteen, entitled "Of the assessment and collection of taxes:"
6. Chapter fourteen, entitled "Of the public health:"
7. The second Title of Chapter fifteen, entitled "Of public instruction," which Title relates to the common schools:
8. Chapter sixteen, entitled "Of highways, bridges and ferries:"
9. Chapter eighteen, entitled "Of incorporations."
§ 6. The seventeenth Chapter of the said First Part of the Revised Statutes, entitled "Of the regulation of trade in certain cases," as the same was originally passed, is declared to have commenced and taken effect on the first day of May, one thousand eight hundred and twenty-eight.
§ 7. The additions and alterations, in the Chapters enumerated in the two preceding sections, made in pursuance of acts of the legislature, are declared to have taken effect at the several times when the statutes directing such additions and alterations, were respectively passed.
§ 8. The remaining Chapters and parts of Chapters of the said Revised Statutes, not specified in the three last preceding sections, and respecting the commencement of which no direction is herein before given, shall severally commence and take effect as laws, on the first day of January, one thousand eight hnndred and thirty.
§ 9. The term "laws now in force," whenever it occurs in the Revised Statutes, shall be construed to mean the statutes and other laws in force immediately previous to the final passage of the Chapter containing such term.
§ 10. Whenever the term "heretofore" occurs in any Chapter or Title of the Revised Statutes, it shall be construed to mean any time previous to the day when such Chapter or