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second year.

court.

districts.

in each

Section 2. There shall be a Court of Appeals com- Court of apposed of eight judges, of whom four shall be elected by peals, the electors of the State for eight years, and four selected from the class of Justices of the Supreme Court having the shortest time to serve. Provision shall be made

by law, for designating one of the number elected, as chief judge, and for selecting such Justices of the Supreme Court, from time to time, and for so classifying those elected, that one shall be elected every

Section 3. There shall be a Supreme Court having Supreme general jurisdiction in law and equity,

Section 4. The State shall be divided into eight ju- State to be dicial districts, of which the city of New-York shall divided into 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 Number of Court in each district, and as many more in the district justices of composed of the city of New-York, as may from time sup. court 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 justi- Justices of ces of each district shall go out of office at the end of sup. court to every two years. After the expiration of their terms under such classification, the term of their office shall be eight years.

Section 5. The Legislature shall have the same Jurisdiction, powers to alter and regulate the jurisdiction and pro

&c., may be ceedings in law and equity, as they have heretofore possessed.

Section 6. Provision may be made by law for de- Presiding, signating from time to time, one or more of the said judge to be justices, who is not a judge of the court of appeals, to

designated, preside at the general terms of the said court to be Who may held in the several districts. Any three or more of the hold general

and special said justices, of whom one of the said justices so designated, shall always be one, may hold such general terms. circuit And any one or more of the justices may hold special courts, &c.

be classified,

altered.

terms, and

peals, &c., to

hold no other office.

and attor

terms and circuit courts, and any one of them may pre

side in courts of oyer and terminer in any county, Compensa- Section 7. The judges of the court of appeals and tion 1o judi- justices of the supreme court shall severally receive at

stated times for their services, a compensation to be established by law, which shall not be increased or di

minished during their continuance in office. Judges of Section 8. They shall not hold any other office or court of appublic trust. All votes for either of them, for any elec

tive office (except that of justice of the supreme court, or judge of the court of appeals), given by the Legislature or the people, shall be void. They shall not exercise any power of appointment to public office. Any

male citizen of the age of twenty-one years, of good Counsellors moral character, and who possesses the requisite qua

lifications of learning and ability, shall be entitled to neys.

admission to practice in all the courts of this State. Classifica

Section 9. The classification of the justices of the sution of justi

preme court; the times and place of holding the terms

of the court of appeals, and of the general and special court to be

terms of the supreme court within the several districts, provided for and the circuit courts and courts of oyer and terminer by law.

within the several counties, shall be provided for by

law. Testimony

Section 10. The testimony in equity cases shall be in equity

taken in like manner as in cases at law.

Section 11. Justices of the supreme court and judges certain judi- of the court of appeals, may be removed by concurrent cial officers. 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

ces, and terms of

cases. Removal of

sup. conrt.

vacancies,

heard in his defence. On the question of removal, the ayes and does shall be entered on the journals.

Section 12. The judges of the court of appeals shall Manner of be elected by the electors of the State, and the justices electing jud. of the supreme court by the electors of the several ju- of appeals &

ges of courts dicial districts, at such times as may be prescribed by justices of law.

Section 13. In case the office of any judge of the Power of court of appeals, or justice of the supreme court, shall governor to 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.

Section 14. There shall be elected in each of the Judges of counties of this State, except the city and county of county New-York, one county judge, who shall hold his office courts, how

chosen and for four years. He shall hold the county court, and term of perform the duties of the office of surrogate. The coun- office. ty 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.

The county judge, with two justices of the peace to Power connty be designated according to law, may hold courts of ses- judges. sions, with such criminal jurisdiction as the Legislature shall prescribe, and perform such other duties as may be required by law.

The county judge shall receive an annual salary, to His salary. be fixed by 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 thou- When two sand, the Legislature may provide for the election of a may be electseparate officer to perform the duties of the office of ed. surrogate.

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courts,

ed in each

Judical dis

Equity jnris- The Legislature may confer equity jurisdiction in diction.

special cases upon the county judge. Interior local Inferior local courts, of civil and criminal jurisdiction,

may be established by the Legislature in cities; and such courts, except for the cities of New York and Buffalo, shall have an uniform organization and jurisdic

tion in such cities. Two local ju- Section 15. The Legislature may, on application of dicial officers the board of supervisors, provide for the election of lomay be elect

cal officers, not to exceed two in any county, to discounty. charge 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. The Legislature may reorganize the jutricts to be reorganized.

dicial districts at the first session after the return of every enumeration under this 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. Justices of Section 17. The electors of the several towns, sball,

at their annual town meeting, and in such manner as how elected.

the Legislature may direct, 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 oppor

tunity of being heard in their defence by such county, Certain judi- city or state courts as may be prescribed by law, for

causes to be assigned in the order of removal. villages how Section 18. All judicial officers of cities and villages,

and all such judicial officers as may be created therein

the peace

cial officers in cities and

elected,

chosen and

any fees.

by law, shall be elected at such times and in such manncr as the Legislature may direct.

Section 19. Clerks of the several counties of this County clerks State shall be clerks of the Supreme Court, with such to be clerks of powers and duties as shall be prescribed by law. A sup. court. clerk for the Court of Appeals, to be ex-officio clerk of the Supreme Court, and to keep his office at the seat Clerk for the of government, shall be chosen by the electors of the court of ap

peals, how State; he shall hold his office for three years, and his compensation shall be fixed by law and paid out of the term of office. public Treasury.

Section 20. No judicial officer, except justices of the No judicial peace, shall receive to his own use, any fees or perqui- officer except sites of office.

&c., to rec. Section 21. The Legislature may authorize the judg. Certain judge ments, decrees and decisions of any local inferior court ments and deof record of original civil jurisdiction, established in a

crees may be

removed to city, to be removed for review directly into the Court court of apof Appeals.

peals. Section 22. The Legislature shall provide for the Publication speedy publication of all statute laws, and of such ju of laws. dicial 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 estab- Tribunals of lished, with such powers and duties as may be pre

conciliation scribed 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 Commisthe adoption of this Constitution, shall provide for the sioners to re

vise, &c., the appointment of three commissioners, whose duty it rules, &c., of shall be to revise, reform, simplify, and abridge the courts of rules of practice, pleadings, forms, and proceedings record. 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,

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