But the Legislature may alter the judicial districts once after every enumeration (Art. VI., Sec. 1).

Terms and Salaries of Justices.-The justices of each district are elected by the voters in the district.

The official terms of the Justices of the Supreme Court shall be fourteen years from and including the first day of January next after the election. . . . (Art. VI., Sec. 4.)

Vacancies are filled in the same manner as in the office of Judge of the Court of Appeals.

The salary of a Justice of the Supreme Court is $7,200, including $1,200 for expenses, except in the First District, where a justice receives $17,500, and in Kings County, where the salary is $13,200.

Divisions of Supreme Court.-The Court is divided into two divisions, one with original jurisdiction and the other with appellate. (See Book I., page 162.) In each county there are held at stated intervals "trial" terms of the original branch, at which civil and criminal cases are tried before a Justice of the Supreme Court and a jury, and "special" terms at which are held trials of cases before a Justice without a jury.

Appellate Division.-There shall be an Appellate Division of the Supreme Court, consisting of seven Justices of the first department, and of five Justices in each of the other departments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five Justices shall sit in any case.

From all the Justices elected to the Supreme Court the Governor shall designate those who shall constitute the Appellate Division in each department; and he shall designate the Presiding Justice thereof, who shall act as such during his term of office, and shall be a resident of the department. The other Justices shall be designated for terms of five years, or the unex

pired portions of their respective terms of office, if less than five years. A majority of the Justices designated to sit in the Appellate Division in each department shall be residents of the department. . . .

...

The Justices of the Appellate Division in each department shall have power to fix the times and places for holding Special and Trial Terms [in the several counties] therein, and to assign the Justices in the departments to hold such terms; or to make rules therefor. (Art. VI., Sec. 2.)

Clerks of Courts.-Clerks of the several counties shall be Clerks of the Supreme Court, with such powers and duties as shall be prescribed by law. The Justices of the Appellate Division in each department shall have power to appoint and to remove a clerk, who shall keep his office at a place to be designated by said Justices. The Clerk of the Court of Appeals shall keep his office at the seat of government [the city of Albany]. The Clerk of the Court of Appeals and the Clerks of the Appellate Division shall receive compensation to be established by law and paid out of the public treasury. (Art. VI., Sec. 19.)

4. COUNTY COURTS.

Constitutional Provision.-County Courts are among the oldest judicial institutions of England and America, and they are thus retained by the Constitution:

The existing County Courts are continued, and the Judges thereof now in office shall hold their offices until the expiration of their respective terms. In the county of Kings there shall be two County Judges. The successors of the several County Judges shall be chosen by the electors of the counties for the term of six years. Every County Judge shall perform such duties as may be required by law. His salary shall be established by law, payable out of the county treasury. County Judge of any county may hold County courts in any other county when requested by the Judge of such other county. (Art. VI., Sec. 14.)

A

In counties having less than forty thousand inhabitants, the County Judge also acts as Surrogate.

The County Judge; New York County Courts.-The County Judge receives a salary fixed by the legislature. In New York County there is no County Court, but its place is taken by two courts-a Court of General Sessions, over the divisions of which preside the Recorder, the City Judge and three Justices of Sessions, who are elected by the voters of the entire county for terms of fourteen years each, receiving a salary of $12,000 a year; and a City Court, with seven judges, who are elected for ten years with annual salaries of $10,000.

5. SURROGATES' COURTS.

Constitutional Provision.-The Constitution provides: The existing Surrogates' Courts are continued, and the Surrogates now in office shall hold their offices until the expiration of their terms. Their successors shall be chosen by the electors of their respective counties, and their terms of office shall be six years, except in the county of New York, where they shall continue to be fourteen years. In counties having a popu lation exceeding forty thousand, wherein there is no separate Surrogate, the Legislature may provide for the election of a separate officer to be surrogate, whose term of office shall be six years. When the Surrogate shall be elected as a separate officer his salary shall be established by law, payable out of the county treasury. For the relief of the Surrogates' Courts the Legislature may confer upon the Supreme Court in any county having a population exceeding four hundred thousand the powers and jurisdiction of Surrogates, with authority to try issues of fact by jury in probate cases. (Art. VI., Sec. 15.)

Vacancies in the offices of County Judge and Surrogate are filled in the same manner as in the office of Judge of the Court of Appeals.

Assistants to County Judges and Surrogates.-The Legislature may, on application of the 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 in such other cases as may be provided by law, and to exercise such other powers in special cases as are or may be provided by law. (Art. VI., Sec. 16.)

6. JUSTICES OF THE PEACE AND INFERIOR LOCAL COURTS.

Constitutional Provisions. The constitutional provisions which apply to courts of this class are:

The electors of the several towns shall, at their annual town meetings or at such other time and in such manner as the Legislature may direct, elect Justices of the Peace, whose term of office shall be four years. . Justices of the Peace and District Court Justices may be elected in the different cities of this State in such manner, and with such powers, and for such terms, respectively, as are or shall be prescribed by law. (Art VI., Sec. 17.)

Inferior local courts of civil and criminal jurisdiction may be established by the Legislature, but no inferior local court hereafter created shall be a court of record. Sec. 18.)

(Art. VI.,

Statutory Provisions. In accordance with these sections the Legislature has enacted that there shall be elected in each town four Justices of the Peace, each of whom shall hold a separate court in the town and shall receive for his services fees fixed by law. In the case of district, police and other inferior courts, the judges receive salaries established by the Legislature.

Inferior Courts of Greater New York. The charter of Greater New York provides for two inferior courts-a Court of Special Sessions and a Municipal Court. There