The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-01
NEW YORK HERALD MONDAY NOVEMBER l8e9-TRIPLE SHEET

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once In Ave years provision shall be made for organ
iAing, IN the Supreme Court, not more than four a
4 presiding justice aud AI not more than three
other justices, who shall DO designated according 70
s ie a coans q ac &c eS
MS term OF ONCE. Provision shall be made by law
ior holding the general terms IN each Judicial dis
special terms and Circuit Courts, and may preside IN
courts OF Oyer aud Terminer in any county.
SEQ. g. No judge or justice shall sit at o general
term Of any court or In The Court OF Appeals In re.
view OF decision made by him, or by any court OF
| which ne was at the time q sitting member. The
testimony IN equity cases shall be taken In like man.
ner as in cases at law and except as herein other
| wise provided tho Legislature shall have the same
power 70 alter and regulate the jurisdiction and pro-
ceedngs IN law aud equity that they have heretofore
SEQ 8. When a vacancy shall occur otherwise
than by expiration OF term IN the ONCE OF Justice Of
term. at the next general election happening not less
/ than three months after such vacancy occurs; aud
| until any vacancy shall be so filled the Governor by
and with the advice ana consent OF the Senate II
the Senate shall be In session, or, II not in session.
| the Governor may appoint TO I'LL such vacancy. Any
such appointment shall continue untll and including
tue last day OF December next after The election AZ
which the vacancy shall be llled.
SEC. 10. The judges Of the Court Of Appeals and
the justices Of the Supreme Court shall not hold any
other oce or puoiic trust All votes for any Of
| the legislature or the people, shall be void.
SEC. II Judges OF the Court OF Appeals and jus.
tlce5 OF the supreme Court may be removed by con-
current resolution OF boh houses Of the Legislature,
| 4 .wo-thlrds Of al! the members elected to each
those mentioned IN this section and except Justices
| OF the peace and judges and justices OF inferior
| on the recommendation Of the Governor, II two.
thirds OF all the members elected TO the
cur therein. But no removal Shalt DO made, by
virtue OF this section unless the thereof be
entered on the Journals nor unless the party
planned OF shall have been served with copy or the
charges against him, and shall have had an oppor
tunily oil being heard. On the question OF removal
the yeas and nays shall be entered on the journal
THE SUPERIOR AND COMMON PLEAS COURTS.
SEC. IL. me Superior Court OF the city Of New
YORK, tae Court Of Common Pleas for the city and
co uty or New York, the Superior Court OF Buffalo
and the CITY Court OF Brooklyn are continued, with
the powers and jurisdiction they now severa,lv have
| and such further civil and Criminal Jurisdiction as
may be conferred by law. Tue superior Court OF
New York shall be composed OF the SIX Judges In
olfee at tue adoption OF this article and their sue
| ce55or5 the Court OF Common Pleas OF New York OF
tue three Judges then In Office and their
and three additional judges tho superior Court OF
sors; and the CITY Court OF Brooklyn or such num-
Dor OF juages not exceeding three as may be pro-
vlded by law. Tne judges 0f said courts IN oice at
the adoption Of this article continued untl the
| expiration OF their terms Chief Judge shall DO
tneir own number, VINO shall act as such during his
| 0ncial term Vacancies IN the onlce OF the judges
expiration OF term shall be flied ID the same man
| ner a. vacancies In the supreme Court me Legis
lature may provide for detailing judges OF the su.
| pegior Court and Court OF Common Pleas Of new
| York to hold circuits or special terms OF the Su.
preme Court ia that city, Us the pubic interests may
| require
| MANNER OF BLECriNd JUDGES.
| SEC. IS. Justices OF the supreme Court shall be
chosen by the electors Of their respective judicial
districts. Judges OF all the courts mentioned in the
last preceding section shall be chosen Dy the electors
OF the cities respectively In winch ne said courts are
/ Instituted. The Official term OF the said justices and
| Judges who snail be elected after the adoption or
THIS article Shall be fourteen years from ana includ
ing The lst day OF January next after their eection
| but no person shall hold the Office OF justice or
Judge OF any court longer than until and including
| the last day or December next alter lie shall he
| seventy years OF age.
SEC; a. the Judges and justices herelnbefore
satioa to be established by law, watch shall not be
diminished during their Official terms. Except tile
judges Of the Court Of Appeals and the Justices OF the
OF Their courts betrayed by the cities or counes in
| which such courts are Instituted, as shall be pro-
| vlded by law.
SEC. IL. The existing county courts are continued
ana the Judges thereof in ofce at the adoption OF
| ton OF their respective terms. Their successors
shall be chosen by the electors Of the counties Tor
| the powers and jurisdiction they possess until
| altered by the Legislature. they shall also have
ANS reside in the county and in which the damages
| Claimed shall not exceed 1000; and also such APP
ject however, to such provision shall DC made by
| law for the removal OF causes into the supreme
Jurisdiction as SHALL from time to time be conferred
| upon them by the Legislature. The county Judge,
| With two Justices OF the peace, to De designated
according to law, may hold courts OF SESSIONS With
such criminal jurisdiction as the Legislature SHAH
prescribe, and he shall perform such other duties
y.
salary OF the Surrogate when elected as separate
officer, shall be established by law, payable out OF
| the county treasury, ond shall not be diminished
duriag his term OF oice. The Justices OF the peace
sAaH paid, Tor services in courts OF sessions a
per diem allowance out OF the county treasury. The
| county judge shall also be surrogate OF his county;
but in counties having population exceeding forty
| thousand tue Legislature NAV provide for the cleo
| ton OF separate olncer 10 De surrogate, whose
term or Office shal be the same as that OF tic county
| judge. The county judge OF any county may pre-
side al courts OF sessous or hold county courts la
| any other county, except New YORK and KINGS
| when requested by the Judge OF such other county,
/ SEC. H. The Legislature may, on application OF
the Board OF Supervisors provide for the election OF
local officers, not TO exceed TWO In any county 10
gate, IL cases OF their inhaolity OF vacancy, aud
/ TO exercise such other powers III special as
/ may be provided by law
| TIE GENERAL ELECTION OF 1573-THE QUESTIONS
| TO BE SUBMITTED WITH REFERENCE TO THE JUDI
| CIARY.
ting 10 the electors OF the State at Tie general cleo
ton IN the year 1875 two questions 10 be voted upon
on separate ballots, us IolloWS:-First-'Shall the
offices OF Chief Judge and Associate Judge OF the
| Court Uf Appeals and or Justice OF the Supreme
| Court, be hereafter filed by appointment Il a
the affirmative the said Offices shah hot thereafter
| be elective put, as vacancies occur, they shall be
filled by appointment by the Governor by and with
the advice and consent OF the Senate; or If the SEN
ate be not in session, by the Governor but In such
! case no shall nominate 10 the Senate when next con-
vened, and such appointment by the Governor alone
| shall expire at the cad OF that session. Second
| 'Shau the oilcoa OF tue judges mentioned in Sec
tons twelve ana fifteen OF article six OF the constl
| tuition be hereafter filed by appointment" II a
majority OF the votes upon the question shall be in
the Affirmative the said oiices shall not thereafter
| be elective, but as vacancies occur they shall be
filled in the manner In tAls section above provided
| Sec Is. The electors OF the several towns shall
| at their annual town meeting, anu in such manner
as the Legislature may direct elect justices OF the
peace whose term OF ONCE shall be four years.
| In case OF an election 10 Ill vacancy occurring
before the expiration OF full term, they shall hold
| for the residue OF the unexpired term Their num-
| Der and classification may be regulated by law.
Justices OF the peace, and Judges or justices OF ME-
rior courts, not OF record and their clerks, may be
| removed, after due notice, ana an opportunity
| OF beng heard by such courts as may
be prescribed by law. for cause. DO assigned In
| the order OF removal. Justices OF the peace and
district court justices shall be elected In the differ
| ent cities OF this State, In such manner and with
| such powers ana Tor such terms, respectively, as
shall DO prescribed by law; all other judicial officers
In the cities whose election or appointment Is not