Inspectors of state prisons and terms of Capitol on the first Monday of January, next after such election, and determine by lot which of said Commissioners shall hold his office for one year, which for two, and which for three years; and there shall be elected annually, thereafter, one Canal Commissioner, who shall hold his office for three years. Section 4. Three Inspectors of State Prisons, shall be how elected elected at the general election which shall be held next after office. the adoption of this Constitution, one of whom shall hold his office for one year, one for two years, and one for three years. The Governor, Secretary of State, and Comptroller, shall meet at the Capitol on the first Monday of January next succeeding such election, and determine by lot which of said Inspectors shall hold his office for one year, which for two, and which for three years; and there shall be elected annually thereafter one Inspector of State Prisons, who shall hold his office for three years; said Inspectors shall have the charge and superintendence of the State Prisons, and shall appoint all the officers therein. All vacancies in the office of such Inspector shall be filled by the Governor, till the next election. Com❜rs of the land office. Com'rs of Section 5. The Lieutenant-Governor, Speaker of the Assembly, Secretary of State, Comptroller, Treasurer, Attorney-General and State Engineer and Surveyor, shall be the Commissioners of the Land-Office. The Lieutenant-Governor, Secretary of State, Comptrolthe canal ler, Treasurer, and Attorney-General, shall be the Commissioners of the Canal Fund. fund. Canal board. Powers and boards and ed this Art. Treasurer. may be sus The Canal Board shall consist of the Commissioners of the Canal Fund, the State Engineer and Surveyor, and the Canal Commissioners. Section 6. The powers and duties of the respective boards, duties of the and of the several officers in this Article mentioned, shall officers nam- be such as now are or hereafter may be prescribed by law. Section 7. The Treasurer may be suspended from office by the Governor, during the recess of the Legislature, and until thirty days after the commencement of the next session of the Legislature, whenever it shall appear to him that such Treasurer has, in any particular, violated his duty. The Governor shall appoint a competent person to discharge the duties of the office, during such suspension of the Treasurer. pended by governor. Certain offi ed. Section 8. All offices for the weighing, guaging, meaces abolish- suring, culling or inspecting any merchandize, produce, manufacture or commodity, whatever, are hereby abolished, and no such office shall hereafter be created by law; but nothing in this section contained, shall abrogate any office created for the purpose of protecting the public health or the interests of the State in its property, revenue, tolls, or purchases, or of supplying the people with correct standards of weights and measures, or shall prevent the creation of any office for such purposes hereafter. ARTICLE VI. impeach. peachment. Section 1. The Assembly shall have the power of im- Assembly to peachment, by the vote of the majority of all the members elected. The court for the trial of impeachments, shall be Court of imcomposed of the President of the Senate, the Senators, or a major part of them, and the judges of the court of appeals, or the major part of them. On the trial of an impeachment against the Governor, the Lieutenant-Governor shall not act as a member of the court. No judicial officer shall exercise his office after he shall have been impeached, until he shall have been acquitted. Before the trial of an impeachment, the members of the court shall take an oath or affirmation, truly and impartially to try the impeachment, according to evidence; and no person shall be convicted, without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under this State; but the party impeached shall be liable to indictment, and punishment according to law. appeals. Section 2. There shall be a Court of Appeals, composed Court of of eight judges, of whom four shall be elected by the electors of the State for eight years, and four selected from the class of Justices of the Supreme Court having the shortest time to serve. Provision shall be made by law, for designating one of the number elected, as chief judge, and for selecting such justices of the Supreme Court, from time to time, and for so classifying those elected, that one shall be elected every second year. Section 3. There shall be a Supreme Court having general Supreme jurisdiction in law and equity. court. divided into tices of sup. Section 4. The State shall be divided into eight judicial State to be districts, of which the city of New-York shall be one; the districts. others to be bounded by county lines and to be compact and equal in population as nearly as may be. There shall be No. of Jusfour Justices of the Supreme Court in each district, and as court in many more in the district composed of the city of New- each. York, as may from time to time be authorized by law, but not to exceed in the whole such number in proportion to its population, as shall be in conformity with the number of such judges in the residue of the State in proportion to its population. They shall be classified so that one of the justices of each district shall go out of office at the end of every Justices of sup. court to be classified. Jurisdiction, &c. may be altered. Presiding judge to be two years. After the expiration of their terms under such classification, the term of their office shall be eight years. Section 5. The Legislature shall have the same powers to alter and regulate the jurisdiction and proceedings in law and equity, as they have heretofore possessed. Section 6. Provision may be made by law for designating designated. from time to time, one or more of the said justices, who is not a judge of the court of appeals, to preside at the general terms of the said court to be held in the several districts. Who may Any three or more of the said justices, of whom one of the and special said justices so designated, shall always be one, may hold terms, and such general terms. And any one or more of the justices courts, &c. may hold special terms and circuit courts, and any one of them may preside in courts of oyer and terminer in any county. hold general circuit Compensa tion to judi Section 7. The judges of the court of appeals and justices cial officers. of the supreme court shall severally receive at stated times for their services, a compensation to be established by law, which shall not be increased or diminished during their continuance in office. Judges of office. Section 8. They shall not hold any other office or public court of ap- trust. All votes for either of them, for any elective peals, &c. to hold no other office, (except that of justice of the Supreme Court, or judge of the court of appeals), given by the Legislature or the people, shall be void. They shall not exercise any Counsell's power of appointment to public office. Any male citizen of neys. the 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. and attor Classifica ces, and terms of Section 9. The classification of the justices of the supreme tion of justi- court; the times and place of holding the terms of the court to be Court of appeals, and of the general and special terms of the provided for 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. by law. Testimony Section 10. The testimony in equity cases shall be taken in equity in like manner as in cases at law. cases. Removal of Section 11. Justices of the supreme court and judges of certain judi- the court of appeals, may be removed by concurrent resolucial officers. tion 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 defence. On the question of removal, the ayes and noes shall be entered on the journals. of ct. of ap 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 el'eting idg's supreme court by the electors of the several judicial districts, peal and jusat such times as may be prescribed by law. tices of sup. court. governor to Section 13. In case the office of any judge of the court of Power of appeals, or justice of the supreme court, shall become va- ll certain cant before the expiration of the regular term for which he vacancies. 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. term of of Section 14. There shall be elected in each of the counties Judges of of this State, except the city and county of New-York, one courts, how county judge, who shall hold his office for four years. He chosen and shall hold the county court, and perform the duties of the fice. 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. ty judge. The county judge, with two justices of the peace to be Power coundesignated according to law, may hold courts of sessions, 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 His salary. 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, When two the Legislature may provide for the election of a separate may be elecofficer to perform the duties of the office of surrogate. ted. The Legislature may confer equity jurisdiction in special Equity juriscases, upon the county judge. diction. cal courts. Inferior local courts, of civil and criminal jurisdiction, Inferior lomay 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 Two local board of supervisors provide for the election of local officers, cers may be not to exceed two in any county, to discharge the duties of each county county judge and of surrogate, in cases of their inability or judicial offi elected in Judicial dis tricts to be of a vacancy, and to exercise such other powers in special cases as may be provided by law. Section 16. The Legislature may reorganize the judicial reorganized. 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. Justices of the peace, how elected. cial officers 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 being heard in their defence by such county, city or state courts as may be prescribed by law, for causes to be assigned in the order of removal. Certain judi- Section 18. All judicial officers of cities and villages, and in cities and all such judicial officers as may be created therein by law, villages how I shall be elected at such times and in such manner as the Le elected. County clerks to be gislature may direct. Section 19. Clerks of the several counties of this State clerks of shall be clerks of the supreme court, with such powers and sup. court. duties as shall be prescribed by law. A clerk of the court court of ap of appeals, to be ex-officio clerk of the supreme court, and peals, how to keep his office at the seat of government, shall be chosen term of of by the electors of the State; he shall hold his office for three Clerk for the chosen and fice. years, and his compensation shall be fixed by law and paid officer exc❜pt out of the public treasury. No judicial Section 20. No judicial officer, except justices of the &c to rec'ive peace shall receive to his own use, any fees or perquisites of any fees. office. Certain jdgm'ts & decrees may Section 21. The Legislature may authorize the judgments, decrees and decisions of any local inferior court of record of to court of original civil jurisdiction, established in a city, to be removed for review directly into the court of appeals. be removed appeals. Publication of laws. Section 22. The Legislature shall provide for the speedy 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. |