The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-09-25

equal to that of any justice OF the supreme
Of a judge or justice OF a court of record
In the state shall be neither increased nor
decreased during the term nnn OF Slic' LOT
Section tisl rs. The assembly shall have
the power Of impeachment. by a vote ola
| court for the trial OF impeachments shall
be composed OF the president OF the senate
the senator's or me major part o. mem mr.
the major part of them. On the trial OF
an Impeachment asains, the governor or
lieutenant. governor. neither the li%en,enaht,
governor nor the temporary president OF
the senate shall mot act as a msmSet OF
r~s SGnsu i msy 'o order ali or any part Of
by n committee composed Of members OF
GER must be allowed TO testify before the
court II he so desire. No judicial ou'eer
smaii exercise his os' lin, a sssil G have see en-
preferred TO the senate. until he shall nave
been acquitted. Before the trial OF an I'M
| parchment tho members of the court snhIl
lake an oath or affirmation truly and I'm
partially TO ;ry the Impeachment secorui
be- convicted without the concurrence of
two-thirds Of the members present Judg.
ment In cases OF Impeachment .ha.L no,
extend further than to remoNal from o.
nee. or removal from once and dlsaua'ln,,
cation to hold and enjoy any office OF
the party impeaehed shall be liable 70
indictment and punishment according 'o
Abstract-The amendment TO thl. sec.
ton extends the existing prohibition
against the lieutenant governor actihg "
n member Of the court OF ifnpeerhnshs
on tho trial OF Impeachment against the
governor to tho temporary president OF
the senate such prohibition heins me sp,
p~licatiOn of the principle thht no ma"
should sit Ia judgment where ne mas a.,
rect interest IL the result To tmS.l hiny,
IL /. also provided that tho court for tho
trial OF impeachments may order az OF any
part Of the 'estimSny to oS om ,nSen Of
members OF the court, except that the IN.
peschtd offcer must be allowed 20 tes"'y
Section tlI l6. The existing county
courts are continued. and the Judges
aces until The expiration OF their rcspec-
tive terms except that the county courts
In the ccnn,is, OF h,nT e.. auS "eT"s and
the county judges transferred ~ pro'tdeh
in this article. lin the county, OF kirrs,
number OF county Judges II any county
may talsol be increased. FROM UNI 70
th"t the total NUMBER Of county judges in
any ono county shall not exceed one 10.
every two hundred thousand or mnJnr
fraction thereof. % the population OF sutn
county. tThe additional county Judges IN
the county OF Kings shall be chosen az we
general election head in the hrst odI'"p ~
amendment The additional county !uutss
whoss onrees may be created ny me srsi
election held in the hrst odd-numbersdi
year after the creation OF such om,r A.
county Judges. Including SUCCESSFUL 10 eN-
lstinx Judges. shall be chosen by tho Sl"c-
tors OF the counties for the term OF ely
yyannusry f%o,iowirs their election. Except
as In this article otherwise pro'iaca
county courts shall have ,he boIen \, The
Jurisdiction ltheYl now prescribed pN rnr
Legislature. lpcssess,l and ate" or,Fiha,,
Jurisdiction In actions. for the recoveis OF
side IN The county, and In which the com.
plalnt demands judgment LOT = sun ~
The legislature may hereafter enlarge nr
restrict the jurisdiction or the '2un'S
courts. provided. however. ma va" sT.
thor!Ee an action therein ier NE reGnNSrS
Of money only, IN whlIh mo ,bSnnggssaSnd dol
lars. or Is, in which any person hot =
rs,laent o, d., d.,, GSGnly have nm otace Tor
,hs trsnsaction OF business within the
county aud the cause Of acton n in
therein. Courts OF sessions a sN'e ShoI,
i hne from and atter mo lat saSS
Of December. eighteen Ee1Ii1,o OF
nine'y1nye' o, s.idn in each county;
except the county OF Sew n"rN; csurt
t th.r.upon be vested IN 'n and proc pirGoSeedins
then pending IN such ,oufts o. SESSION.
shail be transferred - 'h% s san ,s sIH%.i
: ET.ry county Judge and special county
, Judge in c%oun,ie, having the m sane he s" fo.
aauirel by law. His salary shal! he e.tan,
. Iish.d by law. payah,@ 1a' ~ INV .hyy county
t mS ho,l county courts in any other
county when requested by the 1u'se o'
. 'uJ Ahs.Sract-Ths amendment to this sec
. ton auoIishes the. county court @, N,nk.
, oleens RicHmont ermd broqhi ns sn, r6aayS
= courts In common law a,;i"ns 30 snV
o ana authorizes the IeslslAtufe 70 :,
their Jurisdiction to causes IN W"''n I,
e person not a resident of the ,onn,y ~
: SSefsaiant. II. he have an On Tor rrh NM
h u,i the cause OF action arusr therein
? These changes are made In response 20 d
Section ii5l IL. The existing surroratcS
. courts are continued. ana the sArroSni"'
: now in ofAce shall hold their otHce. UNI.
csssors shall he chosen by the e.eetors u'
Q their respective counties. ana '@ ae, ~, I'm Nh,
i county OF Sew York. whore they sh".
= continue to h" fourteen year. S',I%E t,,Tr,.
. isdiction and powers lMnlgh tHe cs ~
e gates. and eNIs,Ins sa,rIs"',hn i,risIa.
: i.,nrc until otherwise provided by me
A.. i"gisJnturel law. The county judge ~.
: n sep,raie surrogate has been or sh.. b,
" elected. In counties haNi"S . pIn'' NO..
exceeding tor!y 'GT Sa a., iIssesHi ,ls'ar,
WAY proVlla for the election OF a s'ptlat,
!, ofacer to be surr"ga,r' Ne tTt" sy .
(, roEAte shall he e.ected as a .e'phrhle q
u ncer his salary shall he e>'thl'N'H 10y
, law, payable out Of the county ttt'suIE
I\n county Judge or surrogate shau holt
e ofnce longer than until and including ,'h'
last day Of December next after ne sht|
be seventy years OF age Na.in,l's o.
curing in. the otn.e o, Judge o. TN, '%nf ,
York, Judge Of the city, court h Sew
" York county Judge, special county Jnhs'
" or surrogAte snail 70" N'.ei IN 'he s.l,''
u manner as like vacancies occurring ~ Va
- supreme court. THE 'olnpen,tll@n or az!
n comfy fudge or surrogdi" sinai. hot b.
~ Increased OF diminished during MS tern
Of ofnC-.1 For the rclicf oi Surrpghl"s
courts the legislature may confer upon w
pnpula'lon exceeding four hundred nous
and. the powers and jurisdiction or sur
m rngates. [, with uuthorliN 10 Try issue
" Of fact by jury in pronu,s 'i.ss y snr
~ gate. court In any other county when re
y our.ted nv the surrogate W snrh oih'
county. The legislature. ma, AZ my I'm
consolidate I'll" Offices OF county Judge AM
Abstract-Ry the amendment 10 thi
section. slrrogatss and surrogAies' court
are given the jurisdiction now prescribe
" hv the .'-ls'aiutn hnul "iherNlse pre-
~ the Jurisdiction of thOs" otaCc's au
courts 10y the code amendments ot 1911
4. were regarded rs too recent and expert
mental to Justify more than a ,ont!uuanc
- to legislative change or modification tn
surrogate OF any county IS authorized {
s. hold A surrOghte's court IN any u'he
l. county when requested by the surrugat
ir Of such. county, ana inc Legislature - 49,
re thoriEed at any time 10 consoltiHt" N
in Offices OF county Judge ami surrogate I
~ Section ilCl ~. The 'pgls tlrs ma,
Visors' provide for the election ot loo.
p. ofnrers. not to exceed two iu an