Imágenes de páginas
PDF
EPUB

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

ges of courts

Section 12. The judges of the court of appeals shall Manner of be elected by the electors of the State, and the justices electing judof the supreme court by the electors of the several ju- of appeals & dicial districts, at such times as may be prescribed by justices of law.

sup. conrt.

fill certain

vacancies.

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.

chosen and

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 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 county 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 clection of a may be electseparate officer to perform the duties of the office of ed.

surrogate.

Equity jurisdiction.

Interior local courts.

Two loca! judicial officers may be elected in each county.

Judical districts to be reorganized.

Justices of

the peace how elected.

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

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 jurisdiction in such cities.

Section 15. The Legislature may, on application of the board of supervisors, provide for the election of local officers, not to exceed 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. The Legislature may reorganize the judicial 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.

Section 17. The electors of the several towns, shall, at their annual town meeting, and in such manner as 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 opportunity 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.

cial officers in cities and villages how elected.

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

chosen and

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.

crees may be removed to

ap

any fees. Section 21. The Legislature may authorize the judg- Certain judg ments, decrees and decisions of any local inferior court ments and deof record of original civil jurisdiction, established in a city, to be removed for review directly into the Court court of of 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.

conciliation.

Section 23. Tribunals of conciliation may be estab- Tribunals of lished, 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 Commisthe adoption of this Constitution, shall provide for the sioners to revise, &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 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.

record.

Organization of courts of appeal.

Canal debt.

Section 25. The Legislature at its first session after the adoption of this Constitution, shall provide for the organization of the Court of Appeals, and for transferring to it the business pending in the 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. After paying the expenses of collection, superintendence, and ordinary repairs, there shall be appropriated and set apart in each fiscal year out of Sinking fund the revenues of the State canals, commencing on the first day of June, one thousand eight hundred and forty$1,300,000, six, the sum of one million and three hundred thou

sand dollars, until the first day of June, one thousand eight hundred and fifty-five, and from that time the sum $1,700,000. 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.

General
Fund debt.

Sinking fund
$350,000.

Section 2. After complying with the provisions of the first section of this article, there shall be appropriated and set apart out of the surplus revenues of the State canals, in each fiscal year, commencing 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 $1,500,000. 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 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.

Canal reve

nues annu

General

Section 3. After paying the said expenses of superin- $20,000 of tendence and repairs of the canals, and the sums appro- the surplus priated by the first and second sections of this article, there shall be paid out of the surplus revenues of the ally approcanals, to the Treasury of the State, on or before the priated to thirtieth day of September, in each year, for the use Fund, and and benefit of the General Fund, such sum not exceed- the remaining two hundred thousand dollars, as may be required der to specific to defray the necessary expenses of the State; and the public works. 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 govern- Certain defiment, without continuing or laying a direct tax, the ciencies in the Legislature may, at its discretion, supply the deficien- the State not cy, in whole or in part, from the surplus revenues of exceeding the canals, after complying with the provisions of the $250,000,

revenues of

« AnteriorContinuar »