Court of
Appeals.

Vacancies

in Court of Appeals.

Jurisdiction of Court of Appeals.

cept as otherwise provided in this article, may hold court in any county.

(New.)

Amendment of Convention of 1894, ratified Nov. 6, 1894.

§ 7. The Court of Appeals is continued. It shall consist of the chief judge and associate judges now in office, who shall hold their offices until the expiration of their respective terms, and their successors, who shall be chosen by the electors of the State. The official terms of the chief judge and associate judges shall be fourteen years from and including the first day of January next after their election. Five members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court shall have power to appoint and to remove its reporter, clerk and attendants.

Amendment of Convention of 1894, ratified Nov. 6, 1894. This section was formerly embodied in part in § 2, Art VI.

§ 8. When a vacancy shall occur otherwise than by expiration of term, in the office of chief or associate judge of the Court of Appeals, the same shall be filled, for a full term, at the next general election happening not less than three months after such vacancy occurs; and until the vacancy shall be so filled, the Governor, by and with the advice and consent of the Senate, if the Senate shall be in session, or if not in session the Governor may fill such vacancy by appointment. If any such appointment of chief judge shall be made from among the associate judges, a temporary appointment of associate judge shall be made in like manner; but in such case, the person appointed chief judge shall not be deemed to vacate his office of associate judge any longer than until the expiration of his appointment as chief judge. The powers and jurisdiction of the court shall not be suspended for want of appointment or election, when the number of judges is sufficient to constitute a quorum. All appointments under this section shall continue until and including the last day of December next after the election at which the vacancy shall be filled.

Amendment in Italics.

This was practically former § 3, Art. VI, and was slightly amended and made 8, Art. VI, by Convention of 1894; ratified Nov. 6, 1894.

§ 9. After the last day of December, one thousand eight hundred and ninety-five, the jurisdiction of the Court of Appeals, except where the judgment is of death, shall be limited to the review of questions of law. No unanimous decision of the Appellate Division of the Supreme Court that there is evidence supporting or tending to sustain a finding of fact or a verdict not directed by the court, shall be reviewed by the Court of Appeals. Except where the judgment is of death, appeals may be taken as of right, to said court only from judg ments or orders entered upon decisions of the Appellate Division of the Supreme Court, finally determining actions or special proceedings,

stipulate that upon affirmance judgment absolute shall be rendered against them. The Appellate Division in any department may, however, allow an appeal upon any question of law which, in its opinion, ought to be reviewed by the Court of Appeals. The Legislature may further restrict the jurisdiction of the Court of Appeals and the right of appeal thereto, but the right to appeal shall not depend upon the amount involved. The provisions of this section shall not apply to orders made or judgments rendered by any General Term before the last day of December, one thousand eight hundred and ninety-five, but appeals therefrom may be taken under existing provisions of law. (New.)

Amendment of Convention of 1894; ratified, Nov. 6 1894.

§ 10. The judges of the Court of Appeals and the justices of Supreme Court shall not hold any other office or public trust. votes for any of them, for any other than a judicial office, given the Legislature or the people, shall be void.

the Judges to
All other
by

hold no

This provision does not extend to mere extension of jurisdiction; Striker v. Kelly, 7 Hill, 9; Beekman's Case, 11 Abb. Pr. 164; nor to a case where a judge and two others were appointed by the Legislature as appraisers to fix a value on certain historical relics bought by the State; People, ex rel. Washington, v. Nich els, 52 N. Y. 478; nor to a special transient exigency; Matter of Hathaway, 71 N. Y. 238; nor to a case where the presiding justices of the Supreme Court and others are appointed to designate a law journal in which certain matters shall be published; Daily Reg. Printing Co. v. Mayor, etc., 52 Hun, 542.

office.

§ 11. Judges of the Court of Appeals and justices of the Supreme Removals. Court, may be removed by concurrent resolution of both houses of the Legislature, if two-thirds of all the members elected to each house concur therein. All other judicial officers, except justices of the peace and judges or justices of inferior courts not of record, may be removed by the Senate, on the recommendation of the Governor, if two-thirds of all the members elected to the Senate concur therein. But no officer shall be removed by virtue of this section except for cause, which shall be entered on the journals, nor unless he shall have been served with a statement of the cause alleged, and shall have had an opportunity to be heard. On the question of removal, the yeas and nays shall be entered on the journal.

This was practically former § 11, Art. VI, and was slightly amended by Convention of 1894; ratified Nov. 6, 1894.

tion of judges and

office.

§ 12. The judges and justices herein before mentioned shall receive Compensa for there services a compensation established by law, which shall not be increased or diminished during their official terms, except as pro- justices. vided in section five of this article. No person shall hold the office of Tenure of judge or justice of any court longer than until and including the last day of December next after he shall be seventy years of age. No judge or justice elected after the first day of January, one thousand eight hundred and ninety-four, shall be entitled to receive any compensation after the last day of December next after he shall be seventy years of age; but the compensation of every judge of the Court of Ap

Impeach

ment.

County

courts

Jurisdiction.

peals or justice of the Supreme Court elected prior to the first day of January, one thousand eight hundred and ninety-four, whose term of office has been, or whose present term of office shall be, so abridged, and who shall have served as such judge or justice ten years or more, shall be continued during the remainder of the term for which he was elected; but any such judge or justice may, with his consent, be assigned by the Governor, from time to time, to any duty in the Supreme Court while his compensation is so continued.

The first part of this section was formerly embodied in § 14, Art. VI, and was amended and made § 12, Art. VI, by Constitution of 1894, ratified Nov. 6, 1894

§ 13. The Assembly shall have the power of impeachment by a vote of a majority of all the members elected. The court for the trial of impeachments shall be composed of the President of the Senate, the senators, or the 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 or Lieutenant-Governor, the Lieutenant-Governor shall not act as a member of the court. No judicial officer shall exercise his office, after articles of impeachment against him shall have been preferred to the Senate, 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 the 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 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.

This was formerly § 1, Art. VI, and was made § 13, Art. VT, by the Convention of 1894; ratified Nov. 6, 1894.

§ 14. 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 and the additional county judge shall be chosen at the next general election held after the adoption of this article. The successors of the several county judges shall be chosen by the electors of the counties for the term of six years. County Courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment for a sum not exceeding two thousand dollars. The Legislature may hereafter enlarge or restrict the jurisdiction of the County Courts, provided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum exceeds two thousand dollars, or in which any person not a resident of the county is a defendant. Courts of Sessions,

last day of December, one thousand eight hundred and ninety-five. All the jurisdiction of the Court of Sessions in each county, except the county of New York, shall thereupon be vested in the County Court thereof, and all actions and proceedings then pending in such Courts of Sessions shall be transferred to said county courts for hearing and determination. 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. A county judge of any county may hold County Courts in any other county when requested by the judge of such other county.

This provision was formerly partly embodied in § 15, Art. VI, and was amended and made § 14, Art. VI, by Convention of 1894; ratified, Nov. 6, 1894. The salary of a county judge must be fixed by the Legislature; they cannot authorize the board of supervisors to do it. Healey v. Dudley, 5 Lans. 115.

The act increasing the jurisdiction to $3,000 is void. Lenhard v. Lynch, 62 How. Pr. 56; Rall v. Buckhout, 2 Civ. Proc. 442; contra, Sweet v. Flanagan, 61 How. Pr. 327.

Where the county judge is surrogate, an administrator's bond should run to the county judge. Farley v. McConnell, 52 N. Y. 630.

The provision as to surrogates does not apply to the city and county of New York. People v. Carr, 86 N. Y. 512.

An act extending powers of county judges holding court in other counties, valid. Pratt v. Stevens, 94 N. Y. 387.

In case of vacancy in the office of surrogate, outside of Kings and New York, which is to be filled at the next general election, the election is for a full term, and the Legislature may provide that the person elected shall enter upon office at once. People v. Townsend, 102 N, Y. 430.”

judge,

rogate.

15. The existing Surrogates' Courts are continued, and the surro- Surrogates gates 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. surrogates and Surrogates' Courts shall have the jurisdiction and powers which the surrogates and existing Surrogates' Courts now possess, until otherwise provided by the Legislature. The county County judge shall be surrogate of his county, except where a separate surro- when surgate has been or shall be elected. In counties having a population 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. No county judge or Surrogate shall hold office longer than until and including the last day of December next after he shall be seventy years of age. Vacancies occurring in the office of county judge or surrogate shall be filled in the same manner as like vacancies occurring in the Supreme Court. The compensation of any county judge or surrogate shall not be increased or dimished during his term of office. For the relief of Surrogates' Courts the Legislature may confer upon the Supreme Court in

tlon.

Local judicial officers.

Justices of the peace.

powers and jurisdiction of surrogates, with authority to try issues of fact by jury in probate cases.

Amendment of Convention of 1894; ratified Nov. 6, 1894.

Where the county judge is surrogate an administrator's bond should run to the county judge. Farley v. McConnell, 52 N. Y. 630.

The provision, as to surrogate, does not apply to the city and county of New York. People v. Carr, 86 N. Y. 512.

The salary of the surrogate must be thorize the board of supervisors to do it.

fixed by the Legislature, they cannot auHealey v. Dudley, 5 Lans. 115.

§ 16. 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.

New matter in Italics.

This matter not in Italics was formerly § 16 Art. VI, and was amended as indicated by Convention of 1894; ratified, Nov. 6, 1894.

Under these provisions, the Legislature has power to authorize a special county judge to make a recognizance. People v. Maine, 20 N. Y. 434; see People v. Townsend, 102 N. Y. 430,

§ 17. 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. 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 for cause, after due notice and an opportunity of being heard, by such courts as are or may be prescribed by law. 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; 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 such cities, or appointed by some local authorities thereof.

This is practically former § 18, Art. VI, and was amended and made § 17, Art. VI, by Convention of 1894, ratified Nov. 6, 1894.

Not applicable to police justices in the city of New York; Wenzler v. People, 58 N. Y. 516; but applies to police justices in Port Jervis; People v. Dutcher, 4 Thomp. & C. 301; and to justices in Rochester; People v. Com. Counc. of Rochester, 11 Hun, 241.

Justices of the peace may not be elected at any other time than the annual town meeting. People v. Schiellein, 95 N. Y. 124.

The Legislature may abolish or abridge the tenure of the office of police justice. Coulter v. Murray, 15 Abb. (N. S) 129; Wenzler v. People, 58 N. Y. 516.

An appointment by the Governor intermediate to the happening of the vacancy and the election, is void so far as it assumes to authorize the appointee to hold until the commencement of the political year following the election. People v. Keeler, 17 N. Y. 370.

This section applies to supplying an incumbent for a term as distinguished from a mere vacancy in office. People, ex rel. v. Shea, 7 Hun, 309.

The provision of this section as to the election of justices of the peace in towns, cannot be construed as a limitation upon the power of the Legislature to create