age of twenty-one years, of good moral character, and who possesses the requisite qualifications of learning and ability, shall be entitled to admission to practice in all the courts of this state.

of justices, and

to be provided

SECTION 9. The classification of the justices of the Classification supreme court; the times and place of holding the terms terms of court of the court of appeals, and of the general and special for by law. terms of the supreme court within the several districts, and the circuit courts and courts of oyer and terminer within the several counties, shall be provided for by law.

SECTION 10. The testimony in equity cases shall be taken Testimony in in like manner as in cases at law.

equity cases.

certain judicial

SECTION 11. Justices of the supreme court and judges Removal of of the court of appeals may be removed by concurrent officers. resolution of both houses of the legislature, if two-thirds of all the members elected to the assembly and a majority of all the members elected to the senate, concur therein. All judicial officers, except those mentioned in this section, and except justices of the peace, and judges and justices of inferior courts not of record, may be removed by the senate on the recommendation of the governor; but no removal shall be made by virtue of this section, unless the cause thereof be entered on the journals, nor unless the party complained of shall have been served with a copy of the complaint against him, and shall have had an opportunity of being heard in his defense. On the question of removal, the ayes and noes shall be entered on the journals.

electing judges peals and justi

SECTION 12. The judges of the court of appeals shall be Manner of elected by the electors of the state, and the justices of the of court of an. supreme court by the electors of the several judicial dis- ces of supreme tricts, at such times as may be prescribed by law.

court.

ernor to fill cer

SECTION 13. In case the office of any judge of the Power of gov. court of appeals, or justice of the supreme court, shall tain vacancies, become vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appointment by the governor, until it shall be supplied at the next general election of judges, when it shall be filled by election for the residue of the unexpired term.

ty courts, how

term of office.

SECTION 14. There shall be elected in each of the coun- Judges of counties of this state, except the city and county of New York, chosen and one county judge, who shall hold his office for four years. He shall hold the county court, and perform the duties of the office of surrogate. The county court shall have such jurisdiction in cases arising in justices' courts, and in special cases, as the legislature may prescribe; but shall have no original civil jurisdiction, except in such special cases. The county judge, with two justices of the peace to be Power county designated according to law, may hold courts of sessions,

judge.

His salary.

When two may be elected.

Equity jurisdiction.

Inferior local courts.

Two local judicial officers

in

with such criminal jurisdiction as the legislature shall prescribe, and perform such other duties as may be required by law.

The county judge shall receive an annual salary, to be fixed by the board of supervisors, which shall be neither increased nor diminished during his continuance in office. The justices of the peace, for services in courts of sessions, shall be paid a per diem allowance out of the county treasury.

In counties having a population exceeding forty thousand, the legislature may provide for the election of a separate officer to perform the duties of the office of surrogate. The legislature may confer equity jurisdiction, in special cases, upon the county judge.

Inferior local courts, of civil and criminal jurisdiction, may be established by the legislature in cities; and such courts, except for the cities of New York and Buffalo, shall have an uniform organization and jurisdiction in such

cities.

SECTION 15. The legislature may, on application of the In each county board of supervisors, provide for the election of local officers, not to exceed two in any county, to discharge the duties of county judge and of surrogate, in cases of their inability or of a vacancy, and to exercise such other powers in special cases as may be provided by law.

Judicial districts to be reorganized.

Justices of the peace how elected.

SECTION 16. The legislature may reorganize the judicial districts, at the first session after the return of every enumeration under this constitution, in the manner provided for in the fourth section of this article, and at no other time; and they may, at such session, increase or diminish the number of districts, but such increase or diminution shall not be more than one district at any one time. Each district shall have four justices of the supreme court; but no diminution of the districts shall have the effect to remove a judge from office.

SECTION 17. The electors of the several towns shall, at their annual town meeting, and in such manner as the legislature may direct, elect justices of the peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term. Their number and classification may be regulated by law. Justices of the peace and judges or justices of inferior courts, not of record, and their clerks, may be removed, after due notice and an opportunity of their being heard in their defense, by such county, city or state courts as may be prescribed by law, for causes to be assigned in the order

of removal.

cial officers in

lages how elect

SECTION 18. All judicial officers of cities and villages, Certain judiand all such judicial officers as may be created therein by cities and vil law, shall be elected at such times and in such manner as ed. the legislature may direct.

to be clerks of

court of ap

SECTION 19. Clerks of the several counties of this state County clerks shall be clerks of the supreme court, with such powers supreme court. and duties as shall be prescribed by law. A clerk of the court of appeals, to be ex-officio clerk of the supreme court, Clerk for the and to keep his office at the seat of government, shall be peals, how chosen by the electors of the state; he shall hold his office term of office. for three years, and his compensation shall be fixed by law and paid out of the public treasury.

chosen and

cer except, &C., to receive fees.

SECTION 20. No judicial officer, except justices of the No judicial off peace, shall receive to his own use any fees or perquisites of office.

SECTION 21. The legislature may authorize the judgments, decrees and decisions of any local inferior court of record of original civil jurisdiction, established in a city, to be removed for review directly into the court of appeals.

Certain jude crees may be

ments and de

removed to court of ap

peals.

laws.

Tribunals of

SECTION 22. The legislature shall provide for the speedy Publication of publication of all statute laws, and of such judicial decisions as it may deem expedient. And all laws and judicial decisions shall be free for publication by any person. SECTION 23. Tribunals of conciliation may be established, Tociation with such powers and duties as may be prescribed by law; but such tribunals shall have no power to render judgment to be obligatory upon the parties, except they voluntarily submit their matters in difference, and agree to abide the judgment, or assent thereto in the presence of such tribunal, in such cases as shall be prescribed by law.

to revise, &c.,

of courts of

SECTION 24. The legislature, at its first session after the Commissioners adoption of this constitution, shall provide for the appoint- the rules, &c., ment of three commissioners, whose duty it shall be to record. revise, reform, simplify and abridge the rules and practice, pleadings, forms and proceedings of the courts of record of this state, and to report thereon to the legislature, subject to their adoption and modification from time to time. SECTION 25. The legislature at its first session after the Organization of adoption of this constitution, shall provide for the organ- peals. ization of the court of appeals, and for transferring to it the business pending in the court for the correction of errors, and for the allowance of writs of error, and appeals to the court of appeals, from the judgments and decrees of the present court of chancery and supreme court, and of the courts that may be organized under this constitution.

5

court of ap

Canal debt.

Sinking fund, $1,300,000.

$1,700,000,

General Fund, debt.

$350,000.

$1,500,000.

ARTICLE VII.

SECTION 1. After paying the expenses of collection, superintendence and ordinary repairs, there shall be appropri ated and set apart in each fiscal year, out of the revenues of the state canals, commencing on the first day of June, one thousand eight hundred and forty-six, the sum of one million and three hundred thousand dollars, until the first day of June, one thousand eight hundred and fifty-five, and from that time the sum of one million and seven hundred thousand dollars in each fiscal year, as a sinking fund, to pay the interest and redeem the principal of that part of the state debt called the canal debt as it existed at the time first aforesaid, and including three hundred thousand dollars then to be borrowed, until the same shall be wholly paid; and the principal and income of the said sinking fund shall be sacredly applied to that

purpose.

SECTION 2. After complying with the provisions of the first section of this article, there shall be appropriated and set apart out of the surplus revenues of the state canals, in each fiscal year, commencing on the first day of June, one Sinking fund, thousand eight hundred and forty-six, the sum of three hundred and fifty thousand dollars, until the time when a sufficient sum shall have been appropriated and set apart, under the said first section, to pay the interest and extinguish the entire principal of the canal debt; and after that period, then the sum of one million and five hundred thousand dollars in each fiscal year, as a sinking fund, to pay the interest and redeem the principal of that part of the state debt called the general fund debt, including the debt for loans of the state credit to railroad companies which have failed to pay the interest thereon, and also the contingent debt on state stocks loaned to incorporated companies which have hitherto paid the interest thereon, whenever and as far as any part thereof may become a charge on the treasury or general fund, until the same shall be wholly paid; and the principal and income of the said last mentioned sinking fund shall be sacredly applied to the purpose aforesaid; and if the payment of any part of the moneys to the said sinking fund shall at any time be deferred, by reason of the priority recognized in the first section of this article, the sum so deferred, with quarterly interest thereon, at the then current rate, shall be paid to the last mentioned sinking fund, as soon as it can be done consistently with the just rights of the creditors holding said canal debt.

$200,000 of the surplus Canal

revenues

annu

ally appropriated to Gene.

Fal Fund, and

[SECTION 3. After paying the said expenses of superintendence and repairs of the canals, and the sums appropriated by the first and second sections of this article,

to specified

there shall be paid out of the surplus revenues of the the remainder canals, to the treasury of the state, on or before the thirtieth public works. day of September, in each year, for the use and benefit of the general fund, such sum, not exceeding two hundred thousand dollars, as may be required to defray the necessary expenses of the state; and the remainder of the revenues of the said canals shall, in each fiscal year, be applied, in such manner as the legislature shall direct, to the com- Annulled. pletion of the Erie canal enlargement, and the Genesee Valley and Black River canals, until the canals shall be completed.

ciencies in the

State not ex

000, annually

be supplied pues of the

from the reve

Canals.

If at any time after the period of eight years from the adoption of this constitution, the revenues of the state, unappropriated by this article, shall not be sufficient to defray the necessary expenses of the government, without continuing or laying a direct tax, the legislature may, at Certain defl. its discretion, supply the deficiency, in whole or in part, revenues of the from the surplus revenues of the canals, after complying ceeding $350, with the provisions of the first two sections of this article, to for paying the interest and extinguishing the principal of the canal and general fund debt; but the sum thus appropriated from the surplus revenues of the canals shall not exceed annually three hundred and fifty thousand dollars, including the sum of two hundred thousand dollars provided for by this section for the expenses of the government, until the general fund debt shall be extinguished, or until the Erie canal enlargement and Genesee Valley and Black River canals shall be completed, and after that debt shall be paid, or the said canals shall be completed, then the sum of six hundred and seventy-two thousand five hundred dollars, or so much thereof as shall be necessary, may be annually appropriated to defray the expenses of the government.]

porated compa

released or

SECTION 4. The claims of the state against any incorpo- Loans to incorrated company to pay the interest and redeem the principal nies not to be of the stock of the state loaned or advanced to such com- compromised. pany, shall be fairly enforced, and not released or compromised; and the moneys arising from such claims shall be set apart and applied as part of the sinking fund provided in the second section of this article. But the time limited for the fulfillment of any condition of any release or compromise, heretofore made or provided for, may be extended by law.

SECTION 5. If the sinking funds, or either of them, provided in this article, shall prove insufficient to enable the state, on the credit of such fund, to procure the means to satisfy the claims of the creditors of the state as they become payable, the legislature shall, by equitable taxes,

Legislature ble taxes in

shall by equita

crease the rev