The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-25

equal to that OF any Justice OF tho suprem,
court. II Is provided that the compensation
IN the state shall be neither Increased moi
Increased during the term OF office foi
"sa s ne Tas SIce rs or appointsai, nav.
the power OF impeachment, by n vote OF. Q
majority OF all tho members elected The
be composed Of the president OF the. senate
tne senators or tho major part OF them,
ana ne judges OF. the court of appeals, o,
an Impeachment against the governor OF
neutenant-eovernor. neither the lieutenant,
gSvernor nor The temporary president, .,
Inc court, The court court For The III trial o. Inn;
pcachments may order all or any part %
BY . commiftee composed Of merrbcTs q
the court. except that the impesci.ed on.
s cour Tq;' b DC =. .'' S..i4.. to S ss.' iaa,s esl't Ss, tsf
shall exercise his ONCE. after articles oil
impeachment against him snail have been
been acquitted. Before the trial OF an i'm;
parchment the members Of the court shat
take. an oath or affirmation truly and I'm
partially. TO try the impeachment accord
Ing to the evidence. and no person shal
be convicted. without the concurrence oil
r m"n, In cf NE mSmSers m presen shhsii ne,
extend further than TO removal from %
lice; or removal from ONCE and disaua'in,
~ W noN dVl 'Hl'y ~ 49,
honor. trust or profit under this state: but
the. party imp'irhed shall be Liable 20
Indictment anu p~unishmont according u
law.
Abstract.--Thc amendment to this sec-
ton extends tho existing prohibition
against the lieutcnant-govcrnor acting as
a member OF thc court OF mpeaenmehh M
governor to tho temporary president OF
The senate; such prohibition being the sp,
plication Of tho principle tina, no man
fhOnln NIf In fnlEtnNnt whore he ms n III
the eoaducI Of impeachmcn, proSeedinss
II Is nlso provided that the court. Tor tho
irial OF impeachmcnts may order all or any
part OF tho testimony 10 BE- taken ana
reported by IA committee composed oi
members OF the court. except that the I'm
pcached officer must lie allowed 70 testiiy
before the court. II hc shall 50 desire.
section liil 10. The existing COUNTY
thereof now In office shah hold their Of
ICES nnlli IN ,,p,Ia.,o1 ~, .f co,n, court our ,
in the counties OF Rings. Queens, .k'rh.
mond and Bron, shall n. abolished and
The counts judge. transferred as provided
there shall bo four county judeesl TN
number OF, county Judges n any COUNT
may lalsol be Increased. from time "a
time. by the Legislature, 10 such number
that the total number 81 county judges IN
any one county shall not exceed one ,or
fraction thereof, ~ the population OF such
county. tThe additional county judges IN
tff county OF hllEN sIAAAl hf ~ Nht
general election held in the fret odd mum
bered year after the adoption OF mi.
amcndment.l The additional county Judges
whose offices may DO created by the iegIs;
lature shall be chosen at the genera
election held In tn" FIRST old-nlmoereId
year after the creation OF such Office, Al
county Judges. Including successors to tx
isting Judges, shall be chosen 10y the cleo
tors OF the counties FOR the term o. az
years from and Including N" FIRST day OF
a. In this article otherwise provided
county courts shall nav. ths powen. ~.
legislature, tppsscss,l and also 6rislhIi
jurisdiction Ia action, for III" recoVety "'
money only. wheru NIL the d~efenda1's re
plain; demand judgment Tor "A sum nov
.sceeiins, ltvnI three lh9usani a" .ar n.
restrict: The Jurisdiction of the county
courts. provided, however. that their luris-
o. money only. an which % tn sum O.
handed evcaeds ltwol three thousand no.,
resident Of the. county /, a defenaantIl J,
unle,. such defendant have Nh cii-e Tor
the ,ran ana e.. OF c.u ""''" Of acsio" aro.s
therein. TCourts OF sessions, except In
II, county Of New fors; are. ASo 30,
i,hed ,temper eighteen hundred .ni
upin.tv.hS". All the jurisdiction OF
Inc eOn5; Q, %.eS''oa + '' Cork. e0S shaii
thoreupon be vested in tn" county court
thereof. and all actions ana p,oVenuihss
shai be transferred to thu said count;
court. for hearing and dst.Lniha.,o.
Judge In ronntics having the same shall
perform such iu,ies az ttheEi mfs ess.
ished by law, payable out of the county
,reasurs' 4 county judge of any county
may hold county COURT In any ono,
county when requested oy mo 'uus' y
such other county
Abs,rart-The amendment - th.r &c
ZION a0o.i.hes tho county court o. hirt,
Queens Ricnmoni ana from M 49,,
IA. Jurisdiction 81 the REMAINING -ldl''
cnur;s IN common law actions - sd.'n'.
1ud authorizes the Legislature - 'Nt""u
person not a res.dcn, OF ''o s"n",y Is, d
defendant. 10 h- have ~ ono f"F IN
transaction Of business h. inc rolntS
and the cause Of acton "Jo.r tn',''h
These changes are mad" IA response - Il
very widespread demand.
section tl5l Il. The existing snrroeltcs
court, are e~oniinHea ing tr' of iSr'os an,i
the expiration Of Their Terms 4"".I sut,
ccssors shaI! lie chosen by me eleStot. OF
OF "tnce shall be ~. years, except In the
Comfy OF New York, where thcy shall
continue to be fourteen years. surrosa,"s
ss:ss .nd eSi,,1ss ,s s.arG Z, ,s. [ l.x 1
,nturc until otherwise provided nv l;he
iesIsaturei law. The county Judge shall
be surrogate OF ms SouH'S, 49,. ne
elected. In counties having popu'ntiou
exceeding forty thousand Wherei9 tnIrs
NAV proyldc Tor the election of a separate
ofnccr TO be surrogate, whose term OF
ofnce shall be six wears. when the sur
rogatc shall he eac,ted as u separate of
nror mis- salary shall be establishes Icy
so county judge or turrogai" nal hold
Once longer than unHl ana M ding the
last day OF December next g't't he shall
Of general session. Of the city Of New
Slort. judge Of tho city '1n,, OF nr~
OF surrogate shall h." nlled ia the sans
manner ~ like vacancies occurring IN the
county JUDE or surrogate shall not b.
increased or diuiinished during his term
81 ofhce.l For the rcltet OF snrrosa,es
Supreme court in any COUNTY. having d
population eIeeedinf Tour hnndred ,hons'
rogatcs. l. with authority to Try issue
of fact ny Jury In probate cases \ sur
gates court In any other county when re
1urstrd nv the surrogate OF such othci
county, The legislator. may at any tim,
consolidate the office. OF county )udse ant
surrogate In any county.
Ahstract-By the amendment 10 THU
section, surrogatss and surrogates' court.
are given the jurisdiction now prescribel
Iy he Legislature. urtil otherwise pre-,
sS;r!Sci by law Tn. general extension O
The jurisdiction or those ofrctrr AM
courts hy the code amendment OF 1911.
we're regarded as too recent and expert
mental to Justify more than II ~continuanC,
Of the jurisdiction 50 conferred, subJec'
20 legislative change or modification Tn,
surrogate OF any county Is authorized I,
hold "a surrogate's court IN any othe
county when REQUESTED by the surrogat,
of such county. and The legislature is aa
thoris.d at any time TO consolidate Ia,
Offices Of county Judge and surrogate ~
any county
Scction tiGl "a The legislature may
- ..,rt.Ztl,t a. ,l. ln.r, -