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Vacancies otherwise than by expiration of term.
SEC. 28. When a vacancy shall occur, otherwise than Vacancies by expiration of term, in the office of chief or associate than by judge of the court of appeals, the same shall be filled, of term. for a full term, at the next general election, happening not less than three months after such vacancy occurs ; and until the vacancy shall be so filled, the governor by and with the advice and consent of the senate, if the senate shall be in session, or if not, the governor alone, may appoint to fill such vacancy. If any such appointment of chief jndge shall be made from among the associate judges, a temporary appointment of associate judge shall be made in like manner; but in such case the person appointed chief judge shall not be deemed to vacate his office of associate judge any longer than until the expiration of his appointment as chief judge. The powers and jurisdiction of the court shall not be suspended for want of appointment or election, when the number of judges is sufficient to constitute a quorurn. All appointments under this section shall continue until and including the last day of December next after the election at which the vacancy shall be filled. $ 3, art. 6, State Constitution. Supreme court jurisdiction - number of justices.
Sec. 29. There shall be the existing supreme court Supreme with general jurisdiction in law and equity, subject to judison such appellate jurisdiction of the court of appeals as now is or may be prescribed by law; and it shall be composed of the justices now in office, with one additional justice, to be elected as hereinafter provided, who shall be continued during their respective terms and of their successors. The existing judicial districts of the State are continued until changed pursuant to this section. Five of the justices shall reside in the district in which is the city of New York, five in the second judicial district, and four in each of the other districts. The legislature may alter the districts, without increasing the number, once after every enumeration, under this constitution, of the inhabitants of the State. § 6, art. 6, State Constitution, as amended in 1879.
number of justices.
Sec. 30. The State is hereby divided into EIGHT JUDICIAL DISTRICTS, pursuant to the provisions of the fourth section of the sixth article of the constitution, which districts shall be arranged as follows:
The first judicial district shall consist of the city and county of New York, as the same has been constituted by law since the first day of January, eighteen hundred and seventy-four. As amended by ch. 24, 1876.
The second judicial district shall consist of the counties of Richmond, Suffolk, Queens, Kings, Westchester, as the same has been constituted by law since the first day of January, eighteen hundred and seventy-four, Orange, Rockland, Putnam and Dutchess. As amended by ch. 24, 1876.
The third judicial district shall consist of the counties of Columbia, Sullivan, Ulster, Greene, Albany, Schoharie and Rensselaer.
The fourth judicial district shall consist of the counties of Warren, Saratoga, Washington, Essex, Franklin, St. Lawrence, Clinton, Montgomery, Hamilton, Fulton and Schenectady.
The fifth judicial district shall consist of the counties of Onondaga, Oneida, Oswego, Herkimer, Jefferson and Lewis.
The sixth judicial district shall consist of the counties of Otsego, Delaware, Madison, Chenango, Broome, Tioga, Chemung, Tompkins and Cortland. [The county of Schuyler is hereby annexed to, and shall form a part of, the sixth judicial district of this state, and the judges of said sixth judicial district shall, at the first general term held therein succeeding the passage of this act, appoint at least one circuit court and court of oyer and terminer, to be held in and for said county of Schuyler, in the year eighteen hundred and fiftyseven, and from thence the appointments of courts for said county to be made as in other counties in said district, and at the time and in the manner prescribed by the Code of Procedure, ch. 485, 1857.]
The seventh judicial district shall consist of the counties of Livingston, Wayne, Seneca, Yates, Ontario, Steuben, Monroe and Cayuga.
The eighth judicial district shall consist of the counties of Erie, Chautauqua, Cattaraugus, Orleans, Niagara, Genesee, Allegany and Wyoming. Ch. 241, 1847, entitled “ An act to divide the State into judicial districts," passed May 8, 1847, as amended by ch. 24, 1876, and modified by ch. 485, 1867.
Vacancy otherwise than by expiration of term.
SEC. 31. When a vacancy shall occur, otherwise than Vacancy by expiration of term, in the office of justice of the than by supreme court, the same shall be filled, for a full term, at of term. the next general election happening not less than three · months after such vacancy occurs; and until any vacancy shall be so filled, the governor by and with the advice and consent of the senate, if the senate shall be in session, or if not in session, the governor may appoint to fill such vacancy. Any such appointment shall continue until and including the last day of December next after the election at which the vacancy shall be filled. $ 9, art. 6, State Constitution.
Judges not to hold other offices.'
SEC. 32. The judges of the court of appeals and the Judges not justices of the supreme court shall not hold any other other offioffice or public trust. All votes for any of them for any other than a judicial office, given by the legislature or the people, shall be void. § 10, art. 6, State Constitution.
y number of
Superior city courts, jurisdiction and number of judges.
SEC. 33. The superior court of the city of New York, Superior the court of common pleas for the city and county of courts,
jurisdicNew York, the superior court of Buffalo, and the city tion and court of Brooklyn, are continued with the powers and judges. jurisdiction they now severally have, and such further civil and criminal jurisdiction as may be conferred by law. The superior court of New York shall be composed of the six judges in office at the adoption of this article and their successors; the court of common pleas of New York, of the three judges then in office, and
their successors and three additional judges ; the supe. rior court of Buffalo, of the judges now in office and their successors; and the city court of Brooklyn of such number of judyes, not exceeding three, as may be provided by law. The judges of said courts, in office at the adoption of this article, are continued until the expiration of their terms. A chief judge shall be appointed by the judges of each of said courts, from their own number, who shall act as such during his official term. Vacancies in the office of the judges named in this section, occurring otherwise than by expiration of term, shall be filled in the same manner as vacancies in the supreme court. The legislature may provide for detailing judges of the superior court and court of common pleas of New York, to hold circuits or special terms of the supreme court in that city, as the public interests may require. $12, art. 6, State Constitution.
Justices of Supreme court, how elected, term of office. Justices of SEC. 34. Justices of the supreme courts shall be chosen court, how by the electors of their respective judicial districts. term of Judges of all the courts mentioned in the last preceding
section shall be chosen by the electors of the cities respectively in which the said courts are instituted. The official terms of the said justices and judges who shall be elected after the adoption of this article shall be fourteen years from and including the first day of January next after their election. But no person shall hold the office of justice or judge of any court longer than until and including the last day of December next after he shall be seventy years of age. $ 13, art. 6, State Constitution.
elected, term of office.
Judges to make and file certificate of age, and when
their term of office expires. Judges to Sec. 35. A judge of a court of record must, within ma certid ten days after he enters on the duties of his office, make age, and and sign a certificate, stating his age, and the time when term of er his official term will expire, either by completion of a full
term or by reason of the disability of age, prescribed in the constitution. See § 34, ante. The certificate must be
Ale certifcate of
filed in the office of the secretary of State, who must keep a record of the time of the commencement and termination of the official term of each judge of a court of record. $ 54, Code of Civil Procedure.
Election of judges.
judges. the courts mentioned in the last preceding section, except county judges, will expire at the close of any year, by the effluxion of time or the disability of age, the successor of such justice or judge shall be chosen at the preceding general election. Vacancies otherwise occurring in the said offices shall be filled in the manner prescribed in the ninth section of said sixth article of the constitution. $ 9, ch. 86, 1870, entitled “An act to provide for an election of chief judge and associate judges of the court of appeals, and judges of the court of common pleas of the city and county of New York," passed May 22, 1870; three-fifths being present. County courts and judges.
Sec. 37. The existing county courts are continued, and courty the judges thereof in office at the adoption of this arti- cu cie, shall hold their offices until the expiration of their respective terms; their successors shall be chosen by the electors of the counties for the term of six years. Part of g 15, art. 6, State Constitution.
courts and judges.
Sec. 38. The county judge shall also be surrogate of Surrohis county ; but in counties having a population exceed-bace ing forty thousand, the legislature may provide for the