The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-12-08

SEC. 10 A Lieutenant Governor shall be elected
al the same time and places, and IN the same man
The Governor; and his term ct Office, and hts
quail lfcsnons Of eligibility shall also be the same
lie shall be President Of the Senate, but shall emily
have u casting vote therein IT, during vacancy
of The office Of Governor, the Lieutenant Governor
shall be impesched. displaced, resign, die, or be-
come incapable Of performing The duties OF his
Office, be absent from the State, the President OF
,ho Senate shall act Governor, unti the vacancy
be lied, or the disability shal cease.
SEC IL. la case of the impeachment OF the Go
vernon, or his removal from Office, death, Inability
| to dlscharGe the powers and dnues OF the SAID
eff &c, resignation abseuce from the State, the
powers and duues Of the Office snail deyolve upon
| The Lieutenant Governor Tor the resldue Of the
tenn, uDui The disability snail cease. But when
the Governor shall vita the coneent oi the iegsla-
mre be al the State IN time of war, the head
| Of any military force thereof, he shall continue
| commander.In. chief Of all the military force OF the
State
| SIC IS A Secre tary of State, a COMPTROLLER a
| Treasurer, an Attorney General and Surveyor Ge-
| neral shall be chosen IN The manner provided In
this constitution; and the term VI office, and eligi
bliiy o. each, shall be lhs came Is are prescribed
| for the Governor aud Lieutenant Governor.
| SIC. 10. The Secretary Of State shall be appoint
| 20 by the Governor, by and with The advice and
! consent Of the Senate. He shall keep fair re-
| cord Of The official acts at the legislative and
| executive departments OF the government; aud
sba, when required, lay toe ssmr .nd all matters
relative thereto, before either branch OF the Legs
laure: and rhal perform such Other dunes as snail
| be assigned mm nv law.
| SIC 20 The Comptroller, Treasurer, Attorney
General and Surveyor General, shali be chosen by
Joint vote Of the Two houses OF the Legislature, at
| their first session under THIS Constitution, aud
thereafter shall be elected at the tlnie anl
places, ard IN The same manner, as the Cove rnor
| and Lieutenant Governor.
| SIC 81. The Governor, Lieutenant Governor,
| Secretary of State, Comptroller. Treasurer, At
torney General and Surveyor General, shall each
Al stated tunes during their continuance IN office,
| s.pIN I'm IlHlr ser. "A a .ut
| shall not be increased or diminished durag the
| term Ton which they shall lave been elected but
neither Of these officers shall receive for bs own
use any fees for the Performance Of his official
| duties.
| ARTICLE VI
| Judtcoi Department.
SEC. l. The JUDICIAL power o. this state shall be
| vested IN Supreme Cont, IN District Courts, IN
| County Courts, and IN Justices OF the Peace. The
| Legislature may also establish such munclpal and
Gthe ME nor courts may be deemed necessary.
| SIC. 2. The Supreme Court snail consist of
| Chief Justice, and TWO Associate Justices, any
Two Of whom shall constitute a quorum,
| SIC. 3. The Jusuces of The Supreme Court shall
| be elected al The general election, nv the quahed
electors Of the Slate, aud shall hold their office tor
the term Of six years from The first day of January
next after their election provided that the Legs-
lature shall, at It's first meeting. elect Chef JUS
| nee and two Associate Justices OF the Supreme
Court, by Joint vote Of both houses, aud classify
| Them that one shall 90 out of Office every two
years. After the first lection The senior Justice
| SIC. I. The Supreme Court shall have appellate
| junsdlcuon in all cases when the matter in dispute
exceeds two hundred collars, when the legality Of
| any lax, toll, or Impost or municipal fine is in
| question: and in all criminal cases amounting to
| felony, or questions at law alone. Aud the said
court, and each OF the Justices thereof, well
all district add county Judges, shall have power to
issue wrts OF habeas corpus, at the instance OF any
person held ID actual custody. They shall also have
power TO issue all other wrs and process
10 the exercise OF the appellate jurisdiction, and
shall be cCnseryators OF the peace throughout the
| State.
| SEC. g. The State shall be divided by the first
legislature into convenient number OF districts,
subject TO such alteration from time to time as the
| public good may require; for each Of which dis
trisi jutge snail be appointed by The JOINT vote of
the legislature, at It's first meeting whs shall hold
his Office for two years from the first day ot Janu-
airy next after his election; after which, said Judges
shall be elected by the qualified electors OF their
respe Give Districts ut the general election, and
shall hold their office for the term Of six years.
SIC 9. The District Courts shall have original
jurisdiction, IN law and equity, in all civil cases
where the amount IN dispute exceeds two hundred
dollars, exclusive Of interest In all criminal cases
not otherwise provided for, and IN all issues OF fact
joined IN the probate courts, their jurisdiction shall
| be unlimited.
SEC z. The legislature shall provide for the cleo
| ton, by the people. OF Geek Of the supreme
Court. and County Cerks, District Attorneys, She
riffs, Coroners, and oher necessary officers; and
shall fix by law their duties and compensation.
County Clerks shall he, sr.obscio, clerks Of the
District Courts In and for their respective counties.
SEC. s There shall be elected IN each Of the
organised counties Of this State one County Judge
who shall hold his office for four years He shall
hold the County Court. and perform the duties OF
Surrogate, or Probate Judge. The County Judge,
with two Justices OF the Peace, TO be designated
according 10 law, shall hold courts Of sessions,
with such criminal jurisdiction AZ the Legislature
shall prescribe, and he shall perform such other
duties rs snail be required by law.
SIC. o. The County Courts shall have such ju-
rsdIction, IN cases arising IN Justices Courts, and
in special cases, ns the Legislature may prescribe,
but shall have no original civil jurisdiction, except
m such special cases.
SIC. 10 The tunes and places Of holding the
terms of the Supreme Court, and the general and
special terms OF the District Courts within the
several districts, shall be provided Tor by law,
SEC. III No judicial officer, except a Justice Of
the Pesct. sha receive, To has own use, any fees,
or Ierqulsiies OF office.
SIC. IL. The Legislature shall provide for the
speedy publication OF all statute laws, and Of such
judicial decisions as II may deem expedIeDt and
n laws and judicial decisions shall be Tree Tor pub
lication by auy person.
SIC -. Tribunals for Cancellation may be esta-
blshed with such powers and duties may be
yrescrihsd by law hat such tribunals shall nave
no power to render judgment to be obligatory on
the parirs. except they voluntarily submit their
matters difference, aud agree Ia abide the Iudg
nenf. or assent thereto In the presence at such
tribunal IN such eases shall be prescribed by law.
SIC IL The Legislature shall determine the
member al Justices Ut the Peace, tn be- elected IN
each county, city, town, and incorporated village
OF The state, and fix by law their powers, duiies,
ard responsibilities. II shall also determine in
what cstes aspeals may be made from Justices |
Courts 10 The County Court
SIC Is. The Justices Of the Supreme Court, |
ebd Judges Of the District Court shall scverslly,
~ stated times during their continuance Ia Office,
receive tor thsIr services compensatory tn ne paid
out of the treasury, which shall not be increased /
az diminished during the term for which they shall
have been elected The county Judges shall also /
severely. AZ stated times receive for ihelrsevices
compensation to he paid out Of the county rcasu-
" az Their respective counties, which shall not oe
increased or diminished during the term for which |
they shsll have been elected.
SIC. 10. The Justices II the Supreme Court and |
District Judges shall be Ineligible any other Of
tce, during the tenn for which they shall have |
been elected.
sac. u judge shall not charge Iuries with re-
sIsct e. matters Of fact, but may state the testmo-