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If returned by him with objections

how disposed of.

Bills to be returned within ten days.

State officers how elected and terms of office.

State engineer and sur

tions to that house in which it shall have originated; who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two thirds of all the members present, it shall become a law, notwithstanding the objections of the Governor. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Legislature shall, by their adjournment, prevent its return; in which case it shall not be a law.

ARTICLE V.

Section 1. The Secretary of State, Comptroller, Treasurer and Attorney-General, shall be chosen at a general election, and shall hold their offices for two years. Each of the officers in this Article named (except the Speaker of the Assembly), shall at stated times, during his continuance in office, receive for his services, a compensation which shall not be increased or diminished during the term for which he shall have been elected: nor shall he receive, to his use, any fees or perquisites of office, or other compensation.

Section 2. A State Engineer and Surveyor shall be chosen at a general election, and shall hold his office two years, but no person shall be elected to said office term of office. who is not a practical engineer.

veyor, how chosen and

Canal commissioners how chosen

Section 3. Three Canal Commissioners shall be chosen at the general election which shall be held next and terms of after 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 Commissioners of the

office.

Canal Fund shall meet at the 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.

and terms of

Section 4. Three Inspectors of State Prisons, shall be Inspectors of elected at the general election which shall be held next state prisons after the adoption of this Constitution, one of whom how elected shall hold his office for one year, one for two years, and office. 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.

Section 5. The Lieutenant-Governor, Speaker of the Com'rs of Assembly, Secretary of State, Comptroller, Treasurer, the land Attorney-General, and State Engineer and Surveyor, shall be the Commissioners of the Land-Office.

office.

The Lieutenant-Governor, Secretary of State, Comp- Com'rs of troller, Treasurer, and Attorney-General, shall be the the canal Commissioners of the Canal Fund.

The Canal Board shall consist of the Commissioners of the Canal Fund, the State Engineer and Surveyor and the Canal Commissioners.

fund.

Canal board.

Section 6. The powers and duties of the respective Powers and boards, and of the several officers in this article men- duties of the tioned, shall be such as now are or hereafter may be prescribed by law.

boards and officers named in

Section 7. The Treasurer may be suspended from this article. office by the Governor, during the recess of the Legis. Treasurer lature, and until thirty days after the commencement may be sus

pended by governor.

Certain offi

ed.

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 com-
petent person to discharge the duties of the office,
during such suspension of the Treasurer.

Section 8. All offices for the weighing, gaging, 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.

Assembly to Section 1. The Assembly shall have the power of imimpeach. peachment, by the vote of the majority of all the memCourt of im- bers elected. The court for the trial of impeachments, peachment. shall be composed 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.

Section 2. There shall be a Court of Appeals com- Court of apposed of eight judges, of whom four shall be elected by peals, 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 Supreme general jurisdiction in law and equity.

court.

districts.

in each.

Section 4. The State shall be divided into eight ju- State to be dicial districts, of which the city of New-York shall divided into be one; the others to be bounded by county lines and to be compact and equal in population as nearly as may be. There shall be four Justices of the Supreme Number of Court in each district, and as many more in the district justices of composed of the city of New-York, as may from time sup. court 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 justi- Justices of ces of each district shall go out of office at the end of sup. court to every two years. After the expiration of their terms under such classification, the term of their office shall be eight years.

be classified.

altered.

Section 5. The Legislature shall have the same Jurisdiction, powers to alter and regulate the jurisdiction and pro- &c., may be ceedings in law and equity, as they have heretofore possessed.

Section 6. Provision may be made by law for de- Presiding signating from time to time, one or more of the said judge to be designated. justices, who is not a judge of the court of appeals, to preside at the general terms of the said court to be Who may held in the several districts. Any three or more of the hold general and special said justices, of whom one of the said justices so designated, shall always be one, may hold such general terms. circuit And any one or more of the justices may hold special courts, &c.

terms, and

Compensa

cial officers.

terms and circuit courts, and any one of them may preside in courts of oyer and terminer in any county.

Section 7. The judges of the court of appeals and tion to judi- justices 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 court of ap- public trust. All votes for either of them, for any elechold no other tive office (except that of justice of the supreme court, peals, &c., to or judge of the court of appeals), given by the Legislature or the people, shall be void. They shall not exercise any power of appointment to public office. Any male citizen of 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.

Counsellors

and attorneys. Classification of justices, and terms of

court to be

provided for by law.

Testimony in equity

cases.

Removal of

certain judicial officers.

Section 9. The classification of the justices of the supreme court; the times and place of holding the terms of the court of appeals, and of the general and special 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 in like manner as in cases at law.

Section 11. Justices of the supreme court and judges of the court of appeals, may be removed by concurrent resolution of both Houses of the Legislature, if twothirds 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

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