Judge of court of appeals, or justice of supreme court, elec. tion or ap pointment of, question to be submitted to people. Justices of the peace. Inferior local courts. Clerks of supreme court and court of appeals. No judicial officer, ex peace, to re 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.' § 17. The legislature shall provide for submitting to the electors of the state, at the general election in the year eighteen hundred and seventythree, two questions, to be voted upon on separate ballots, as follows: First, "Shall the offices of chief judge and associate judge of the court of appeals, and of justice of the supreme court, be hereafter filled by appointment?"* If a majority of the votes upon the question shall be in the affirmative, the said officers 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; or if the senate be not in session, by the governor; but in such case, he shall nominate to the senate when next convened, and such appointment by the governor alone shall expire at the end of that session. Second, "Shall the offices of the judges, mentioned in sections twelve and fifteen of articles six of the constitution, be hereafter filled by appointment?"* If a majority of the votes upon the question shall be in the affirmative, the said officers shall not thereafter be elective, but as vacancies occur, they shall be filled in the manner in this section above provided. § 18. 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, by such courts as may be prescribed by law, for causes to be assigned in the order of removal. Justices of the peace and district court justices shall be elected in the different cities in this state, in such manner, and with such powers, and for such terms, respectively, as shall be prescribed by law; all other judicial officers in cities, whose election or appointment is not otherwise provided for in this article, shall be chosen by the electors of cities, or appointed by some local authorities thereof.' § 19. Inferior local courts of civil and criminal jurisdiction may be established by the legislature; and, except as herein otherwise provided, all judicial officers shall be elected or appointed at such times, and in such manner as the legislature may direct." § 20. Clerks of the several counties shall be clerks of the supreme court, with such powers and duties as shall be prescribed by law. The clerk of the court of appeals shall keep his office at the seat of government. His compensation shall be fixed by law, and paid out of the public treasury.* § 21. No judicial officer, except justices of the peace, shall receive to his cept justice own use any fees or perquisities of office; nor shall any judge of the court of the of appeals, justice of the supreme court, or judge of a court of record in ceive fees. the cities of New York, Brooklyn or Buffalo, practice as an attorney or counsellor in any court of record in this state, or act as referee. Judgments, § 22. The legislature may authorize the judgments, decrees or decisions be ordered of any court of record of original civil jurisdiction, established in a city, directly to to be removed from review, directly into the court of appeals." etc., may court of ap appeals for § 23. The legislature shall provide for the speedy publication of all review. statutes and also for the appointment by the justices of the supreme Publica tion of statutes to 1 100 N. Y., 241; 102 N. Y., 438. 253 N. Y., 450; 46 N. Y., 57; 37 N. Y., 671; 14 Abb. Pr. R. (N. S.), 419; 58 N. Y., 516, 679; 78 N. Y., 64; 29 Hun, 513; 95 N. Y., 124; 42 Hun, 273. 50 N. Y., 278; 5 Hun, 310; 4 T. & C., 391; 66 N. Y., 189; 90 N. Y., 68. 4 98 N. Y., 523. 103 N. Y., 377. Submitted to vote of the people, November 4, 1873-pursuant to chap. 314, laws of 1873,—and determined in the negative. vided for court designated to hold general terms, of a reporter of the decisions of be proAll laws and judicial decisions shall be free for publication to be free that court. to all. tion of, enter upon by any person. § 24. The first election of judges of the court of appeals, and of the Judges, three additional judges of the court of common pleas for the city and first eleccounty of New York, shall take place on such day, between the first when to Tuesday of April and the second Tuesday in June next after the adop- duties. tion of this article, as may be provided by law. The court of appeals, the commissioners of appeals, and the additional judges of the said court of common pleas, shall respectively enter upon their duties on the first Monday of July thereafter. § 25. Surrogates, justices of the peace, and local judicial officers provided for in section sixteen, in office when this article shall take effect, shall hold their respective offices until the expiration of their terms.' § 26. Courts of special sessions shall have such jurisdiction of offences of the grade of misdemeanors as may be prescribed by law." Local judi cial off Court of sions. § 27. For the relief of surrogates' courts, the legislature may confer social ses upon courts of record, in any county having a population exceeding four Surrogates hundred thousand, the powers and jurisdiction of surrogates, with authority to try issues of fact by jury in probate causes.* courts. may order *§ 28. The court of appeals may order any of the causes, not exceed- Court of ing five hundred in number, pending in that court at the time of the appeals adoption of this provision, to be heard and determined by the commission- causes to ers of appeals, and the legislature may extend the term of service of the by comcommissioners of appeals, not exceeding two years.† be heard mission of appeals. terms. § 28. (So in the original.) The legislature, at the first session thereof after Legisla the adoption of this amendment, shall provide for organizing the supreme ture to or court not more than five general terms thereof; and for the election at the general general election next after the adoption of this amendment, by the electors of the judicial districts mentioned in this section, respectively, of not more than two justices of the supreme court in addition to the justices of that court now in office in the first, fifth, seventh and eighth, and not more than one justice of that court in the second, third, fourth and sixth judicial districts. The justices so elected shall be invested with their offices on the first Monday of June next after their election.T ARTICLE VII. fund, June 1,1855, SECTION 1. After paying the expenses of collection, superintendence Canal debt, and ordinary repairs, there shall be appropriated and set apart in each sinking fiscal year out of the revenues of the state canals, in each year, commenc- June 1,1846, ing on the first day of June, one thousand eight hundred and forty-six, $1,300,000, the sum of one million and three hundred thousand dollars until the $1,700,000. 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. 4 100 N. Y., 236. Section 28, added by vote of the people, Nov. 5, 1872. Went into effect January 1, 1873. Term of service of commissioners of appeals extended to July 1, 1875, by chap. 3, laws of 1873. None of the laws relating to the commission of appeals, except the provisions contained in the constitution, are included in this compilation, as that court has ceased to exist. ↑ Added by vote of the people, November 7, 1882. Went into effect January 1, 1883. For the legislation under this section, see L. 1883, ch. 329. General fund debt, sinking 000; after certain § 2. After complying with the provisions of the first section of this article, there shall be appropriated and set apart out of the surplus revfund, $350,- enues of the state canals, in each fiscal year, commencing on the first day of June, one 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 debts 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.' No tolls shall be imposed. Legisla ture shall make pro annually vision for expenses and repairs. Sinking fund. Contracts for work and materials. Contrac tors, no extra com § 3. The first and second sections of this article having been fully complied with, no tolls shall hereafter be imposed on persons or property transported on the canals, but all boats navigating the canals, and the owners and masters thereof, shall be subject to such laws and regulations as have been or may hereafter be enacted concerning the navigation of the canals. The legislature shall annually, by equitable taxes, make provision for the expenses of the superintendence and repairs of the canals. The canal debt contracted under the section hereby amended, which, on the first day of October, eighteen hundred and eighty, amounted to eight million nine hundred and eighty-two thousand two hundred dollars, shall continue to be known as the "canal debt, under article seven, section three of the constitution;" and the sinking fund applicable to the payment thereof, together with the contributions to be made thereto, shall continue to be known as the "canal debt sinking fund," and the principal and interest of said debt shall be met as provided in the fifth section of this article. All contracts for work or materials on any canals shall be made with the person who shall offer to do or provide the same at the lowest price with adequate security for their performance. No extra compensation shall be made to any contractor; but if, from any unforeseen cause, the terms of any contract shall prove to be unjust pensation and oppressive, the canal board may, upon the application of the contractor, cancel such contract.' to be made to. Loans to incorporated com § 4. The claims of the state against any incorporated company to pay the interest and redeem the principal of the stock of the state loaned or panies not advanced to such company, shall be fairly enforced, and not released or compromised; and the moneys arising from such claim shall be set apart, to be re leased or compromised. 1 26 Hun, 396; 92 N. Y., 328. 255 N. Y., 367; 27 N. Y., 380; 7 N. R., 9; 46 Barb., 256; 19 Barb., 291; 3 Lans., 401; 4 Lans., 272; 1 N. Y. S. C. R. (T. & C., 14; id., 311. Section 3, as amended by vote of the people, November 7, 1882. Went into effect January 1, 1883.. 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. shall annu. and inter § 5. There shall annually be imposed and levied a tax which shall be Legislature sufficient to pay the interest and extinguish the principal of the cenel ally impose debt mentioned in the third section of this article, as the same shall be and levy tax for paycome due and payable, and the proceeds of such tax shall, in each fiscal ment of year, be appropriated and set apart for the sinking fund constituted for principal the payment of the principal and the interest of the aforestid debt. But est of debt. the legislature may, in its discretion, impose for the fiscal year, beginning on the first day of October, eighteen hundred and eighty-three, a state tax on each dollar of the valuation of the property in this state which may by law then be subject to taxation, suficient, with the accumulations of the sinking fund applicable thereto, to pay in full both the principal and interest of the canal debt before mentioned, and the proceeds of such tax shall be appropriated and set apart for the sinking fund constituted for the payment of the principal and the interest of said debt In the event of such action by the legislature, then the legislature shall, under the law directing the assessment and levy of such tax, make such provision for the retirement of the canal debt as it shall deem equitable and just to the creditors of the state. state not to or sold. *§ 6. The legislature shall not sell, lease, or otherwise dispose of the Certain caErie canal, the Oswego canal, the Champlain canal, the Cayuga and alsof the Seneca canal, or the Black River canal, but they shall remain the prop- be leased erty of the state and under its management forever. All funds that may Funds be derived from any lease, sale, or other disposition of any canal shall be applied in payment of the canal debt mentioned in the third section of this article.' from leases how ap or sale, plied. § 7. The legislature shall never sell or dispose of the salt springs be- salt longing to this state. The lands contiguous thereto and which may be springs. necessary and convenient for the use of the salt springs, may be sold by authority of law and under the direction of the commissioners of the land office, for the purpose of investing the moneys arising therefrom in other lands alike convenient; but by such sale and purchase the aggregate quantity of these lands shall not be diminished." tion bills. § 8. No moneys shall ever be paid out of the treasury of this state, or Appropria any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law; nor unless such payment be made within two years next after the passage of such appropriation act; and every such law making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied; and it shall not be sufficient for such law to refer to any other law to fix such sum." § 9. The credit of the state shall not, in any manner, be given or State credi loaned to, or in aid of any individual, association or corporation. 15 Lans., 397; 13 Hun, 17; 45 N. Y., 812; 43 Hun, 102. * 12 N. Y., 603; 6 N. Y., 74; 7 Barb, 599. 3 55 N. Y., 399; 8 N. Y., 317; 3 N. Y., 294; 3 Denio, 381; 101 N. Y., 682; 106 N. Y., 104. * As amended by vote of the people, November 7, 1882. Went into effect January 1, 1883. not to be loaned. Power to contract § 10. The state may, to meet casual deficits or failures in revenues, or debts lim for expenses not provided for, contract debts; but such debts, direct and ited. Debts to sion, &c., may be contingent, singly or in the aggregate, shall not, at any time, exceed one S11. In addition to the above limited power to contract debts, the repel inva- state may contract debts to repel invasion, suppress insurrection, or defend the state in war; but the money arising from the contracting of contracted. such debts shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever. Limitation lative power in the crea tion of debts. § 12. Except the debts specified in the tenth and eleventh sections of of the legis- this article, no debts shall be hereafter contracted by or on behalf of this state, unless such debt shall be authorized by a law, for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within eighteen years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it, at such election. On the final passage of such bill in either house of the legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be: "Shall this bill pass, and ought the same to receive the sanction of the people ?" Sinking funds to be separately The legislature may at any time, after the approval of such law by the eople, if no debt shall have been contracted in pursuance thereof, repeal the same; and may at any time, by law, forbid the contracting of any further debt or liability under such law; but the tax imposed by such act, in proportion to the debt and liability which may have been contracted, in pursuance of such law, shall remain in force and be irrepealable, and be annually collected, until the proceeds thereof shall have made the provision hereinbefore specified to pay and discharge the interest and principal of such debt and liability. The money arising from any loan or stock creating such debt or liability shall be applied to the work or object specified in the act authorizing such debt or liability, or for the repayment of such debt or liability, and for no other purpose whatever. No such law shall be submitted to be voted on, within three months after its passage, or at any general election, when any other law, or any bill, or any amendment to the constitution shall be submitted to be voted for or against. *§ 13. The sinking funds provided for the payment of interest and the extinguishment of the principal of the debts of the state shall be sepakept and rately kept and safely invested, and neither of them shall be appropriated or used in any manner other than for the specific purpose for which it shall have been provided." safely invested. Claims barred by lapse of § 14. Neither the legislature, canal board, canal appraisers, nor any person or persons acting in behalf of the state, shall audit, allow, or pay time-limi- any claim which, as between citizens of the state, would be barred by lapse of time. The limitation of existing claims shall begin to run from the adoption of this section; but this provision shall not be construed to revive claims already barred by existing statutes, nor to repeal any statute fixing the time within which claims shall be presented or allowed, nor tation of existing claims. 1 52 N. Y., 563; 26 Hun, 396. 2 46 N. Y., 406; 52 N. Y., 556. $52 N. Y., 563; 3 Abb. Ct. Ap. Dec., 548; 47 How. Pr. R., 510; 3 N. Y. S. C. R. (T. & C.), 341 ; 4 id., 378; 92 N. Y. 463. * As amended by vote of the people, Nov. 3, 1874. Went into effect Jan. 1, 1875. K |