New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-11-23

hereby established may order any vi ha comnosed of
the Judges of the present Court OF Appess S e
pointed thereto. and NTH tb the aSyiee and
consent OF the Senate or II the senate De ot ~ % y.
by the Governor Dn tbe IN S TSS " session
syc II any vacancy shall occur In the once OF the
said COMMISSIONER It shall De hed ~ ppavsent OF tbe
Senate; or il the Senate is not In session. ny te
ernor but in such CASE the shall
appoint from their number ehef C0mmissonT "I ia
may appoint and remove s9Sn of Apneais shall
be the reporter of said Commission Inc "a eo
Commission snail be certified to. and entered ana S
forced as the Judgments OF the Court Of Appeals Inc
Commission shall continue untli the CAUSES ~ III
1t are determined but not exceeding lnrss h Cnr -
causes then undetermined shall DC hearu ny 'o
Appeals .o,, In ,ho awaiting sunreme Court, with
appellate jurisdiction Of the Court OF Appeals as NOV 70
or may be prescribed by law ana ~ sa Dy during
the justices in Office who SHAH DC continues r hus
their respective terms and Of their successors Inc en
isng judicial districts Of the state are continues Ice
shall reside in the district in which is the City Oh New
The Legislature may alter the districts Without III
creasng the number, once after every ennmeratIon'
under this Constitution OF the lnhaDtans Oh ' , te
adoption Of this article ana from time 10 tlhe AZ
may be necessary but not oener than once ,h s
preme Court not more than four Geeral leIns
each to be composed OF presiding Justice anu Gs m
than three other Justices. who shall be desgnae az
eOrdng TO law from the whole number OF Justices Eacn
presiding Justice shall connne to act as snch dns s
ing the General Terms in each Judicial District Any
Justice OF the Supreme Court may hold speeal i G
and Circuit Courts, and may preside III Co'S VI N'o'
and Terminer, In any county. =, -. -. . c,ouo,
SEC. 8. No Judge or Justice shall SIT az General
Term OF any Court or i'm the Court OF Appeals IN review
Of decision made by him or by any Conrt OF when ne
at the time sitting member Inc testno so al
law; and, except as herein otherwise proVluea, tmo
Legislature shall have the same power TO alter ana ee
late the jurisdiction and proceedings In law ana equity u"
they have heretofore exercised .,t.o ,tar h,
expiration of term III Office of Justice Of the supreme
Court the shall be filled for fuil TERM AT tue
general election happening not less than tne1 sba
after such vacancy occurs; aud until any vacancy sinai
be- filled, the Governor, by ana WIN inc huJo "
consent OF the Senate II the senate sna, pO 20 mi sch
If not in session, the Governor may appoint 10 i @
vacancy. Any such appointment shall continue u. anu
ton at which the vacancy shall he hled.
SEC 10. The Judges Of the Court OF Appeals anu Se
Justices OF the supreme Sou, snn v 81 them Tor any
other than judicial office, gwen by inc Legislature "
SIC H. Judges Of the OF Appeals and Justices OF
the Supreme Court may be removed by c3ncurrSnt
luton Of both houses OF the Legislature II twotrds OF
all the members elected 10 each mouse c9nG gu ,h en-
All judicial officers except those mentioned ID TINS sec
ton and except Justices Of the Peace and Judges ana
Justices of the inferior courts not OF record may % %
moved by the Senate on the recommendations Vi Wy
Governor II twOhirds OF all the members eleCteu 10 ho
Senate therein But no removal shali oe maui
by virtue OF this section unless the cause hereoi DC
OF shall have been served with copy Of the charges
against him, and shall have had an oPPoirny NJ @
SIC H. The Superior Court Of the city OF York:
New the supcrlor Court OF Buffalo, and the City
Court of BROOKLYN continued with tho powers qua
Jurisdiction they scyefaly have, ana such iurher
civil and criminal Jurisdiction may be conferred by
law The superior Court OF NewYork shall be composed
article and their successors; the Court Of Common
Pleas OF New-YOrk, Of the three Judges then IA
Judges: the Superior Court Of Buffalo, Of the Judges
now In Office and their successors ana the Cly
Court Of Brooklyn, aud such number OF Judges MOI
exceeding three as may DO provided by law The
Gdges Of said courts In office at the adoption OF this ar
co are continued until the expiration OF their terms
A cmefudge shall be appointed by the Judges OF each
OF said courts, from their own number VINO shh ACT az
the Judges named In this section occurring otherwise
by expiration of term shall be nled In inc same
manner rs vacancies In the Supreme Court Inc L@gls
ature may provide for detailing Judges OF tho superior
Court aud Court Of Common Pleas of New YORK. TO hoa
circuits special terms OF the supreme court III na'
city, as the public interests may require. ,,,
SIC 10 Justices Of the Supreme Court shall be chosen
by the electors OF their respective Judicial districts
Judges OF the mentioned In the last preceding
section shall he chosen by the electors OF the clues 10
Official OF the said Justices and Judges Wh0 sha De
elected after the adoption OF THIS article sha pe four
teen wears from aud including the rt day OF January
next after their election. But no person shall hold the
Office OF Justice Judge OF any court longer man un
and including the last day OF December next aie' nc
! shall be seventy years OF age.
0urd shall receive for their services compensation u
be established by law, which shall not he Diminished
during their Official term Laeept the Judges Of tnc
they shall be paid and the expenses OF their courts de
fayed by the cities counties IN which SUCH courts are
instituted "a shall be provided by law
SEQ 10. The existing County Courts are continued and
the Judges thereof Office at the adoption Of this article
shall hold their offices until tho expiration OF their
spectye Their successors shall be chosen by The
County Courts shall have the powers and Jurisdiction
they possess until altered by the legislature They
shA also have rignal jurisdiction all where the
defendants reside IN the county. and In which the dam
ages claimed shall not exceed 600 and also such appel
late Jurisdiction sha! be provided by law, subject
%
the removal Of causes into the supreme Court
They shall also have such other original turis.
dcton as shall from time 10 time. be conferred upon them
by the Legislature. The County Judge with OJustccu
of the Peace 10 DO designated according TO law may
hold Courts OF sesslons with such criminal Jurisdiction
the Legislature shall prescribe ana he shall perform
oTy and tho salary OF the Surrogate when elected as
separate officer shall be established by law, payable out
OF the County treasury aud shall not DO diminished
during his term OF Office. The Justices OF the
peace shall be paid for services IN courts or sessions
Der diem allowance out OF the County treasury The
County Judge shall also be Surrogate OF his county but
In counties having population exceeding 10000 the Leg
isature may provide election OF separate officer
10 be Surrogate whose term OF Office shall be the
that Of the County Judge The County Judge OF any
Courts In any other county except NewYork and Kng,
when requested by the judge OF such other county.
Board Of superTsos provide for the ELECTION Of local
officers not 10 exceed two In any County to discharge
tho duties OF County Judge aud OF Surrogate In Of
their Inability OF a vacancy, and TO exercise such
other powers special may be provided by law
SEC H. The Legislature shall provide for submitting 70
the electors OF the State ut the general election In the
eighteen hundred and seventy three Two quesons to be
voted upon separate ballots follows Fret Shsll
the offices OF Chief Judge and OF Court
OF Appeals and OF Justice OF the supreme Court be here
after hed by appointments II majority OF the votes
upon the qusesOn shall be in the Affirmative the said Of
foes shall not thereafter be elective but. as vacancies
occur they shall be filled by appointment by the Governor
by and with the advice and consent OF the Senate;
Senate be not session, by tho Governor but In such
case he shall nominate 20 the Senate when next con-
vened, and such appointment by the Governor alone
shall expire at Of that session Second. "Shall
the Offices the judges mentioned In sections twelve and
fifteen OF article six OF the constitution be hereafter filled
by appointment" II majority Of votes upon the quos
ton shall be In the affirmative, the said offices shall not
thereafter be elective but vacancies occur they shall
be filled the IN the section above provided.
BIC ~, The electors OF the several towns shall, at
their annual town meeting and in such manner the
Legislature may direct elect Justices OF the Peace whose
IL a.IuI L. f.E o-r In al al il.l.