Oath of office prescribed. Amendments. Future Conventions, ARTICLE XII. Section 1. Members of the Legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States, and the Constitution of the State of New-York; and that I will faithfully discharge the duties of the office of according to the best of my ability." And no other oath, declaration or test, shall be required as a qualification for any office or public trust. ARTICLE XIII. Section 1. Any amendment or amendments to this Constitution may be proposed in the Senate and Assembly and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals with the yeas and nays taken thereon, and referred to the Legislature to be chosen at the next general election of Senators, and shall be published for three months previous to the time of making such choice; and if in the Legislature so next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the Legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the Legislature, voting thereon, such amendment or amendments shall become part of the Constitution. Section 2. At the general election to be held in the year eighteen hundred and sixty-six, and in each twenhow called. tieth year thereafter, and also at such time as the Legislature may by law provide, the question "Shall there be a Convention to revise the Constitution and amend the same?" shall be decided by the electors qualified to vote for members of the Legislature; and in case a majority of the electors so qualified, voting at such election, shall decide in favor of a Convention for such purpose, the Legislature, at its next session, shall provide by law for the election of delegates to such Convention. ARTICLE XIV. Section 1. The first election of Senators and Mem- Election. bers of Assembly, pursuant to the provisions of this Constitution, shall be held on the Tuesday succeeding the first Monday of November, one thousand eight hundred and forty-seven. The Senators and Members of Assembly who may Term of ofbe in office on the first day of January, one thousand fice of senaeight hundred and forty-seven, shall hold their offices tors and until and including the thirty-first day of December assembly. following, and no longer. members of and Lieuten Section 2. The first election of Governor and Lieu- First election tenant-Governor under this Constitution, shall be held of Governor on the Tuesday succeeding the first Monday of No- ant-Governvember, one thousand eight hundred and forty-eight; or, when. and the Governor and Lieutenant-Governor in office when this Constitution shall take effect, shall hold their respective offices until and including the thirty-first day of December of that year. Section 3. The Secretary of State, Comptroller, Trea- State officers surer, Attorney-General, District Attorney, Surveyor- and others to General, Canal Commissioners and Inspectors of State remain in of fice, till 31st Prisons, in office when this Constitution shall take ef- Dec., 1847. fect, shall hold their respective offices until and including the thirty-first day of December, one thousand eight hundred and forty-seven, and no longer. Section 4. The first election of Judges and Clerk of First election the Court of Appeals, Justices of the Supreme Court, of judicial of and County Judges, shall take place at such time be- ficers, when. tween the first Tuesday of April and the second Tuesday of June, one thousand eight hundred and forty Jurisdiction of suits. Chancellor court. seven, as may be prescribed by law. The said courts shall respectively enter upon their duties, on the first Monday of July, next thereafter; but the term of office of said judges, clerk and justices as declared by this Constitution, shall be deemed to commence on the first day of January, one thousand eight hundred and fortyeight. Section 5. On the first Monday of July, one thousand eight hundred and forty-seven, jurisdiction of all suits and proceedings then pending in the present supreme court and court of chancery, and all suits and proceedings originally commenced and then pending in any court of common pleas, (except in the city and county of New-York,) shall become vested in the supreme court hereby established. Proceedings pending in courts of common pleas and in suits originally commenced in justices' courts, shall be transferred to the county courts provided for in this Constitution, in such manner and form and under such regulations as shall be provided by law. The courts of oyer and terminer hereby established shall, in their respective counties, have jurisdiction, on and after the day last mentioned, of all indictments and proceedings then pending in the present courts of oyer and terminer, and also of all indictments and proceedings then pending in the present courts of general sessions of the peace, except in the city of New-York, and except in cases of which the courts of sessions hereby established may lawfully take cognizance; and of such indictments and proceedings as the courts of sessions hereby established shall have jurisdiction on and after the day last mentioned. Section 6. The chancellor and the present supreme and supreme court shall, respectively, have power to hear and determine any of such suits and proceedings ready on the first Monday of July, one thousand eight hundred and forty-seven, for hearing or decision, and shall, for their services therein, be entitled to their present rates of compensation, until the first day of July, one thousand eight hundred and forty-eight, or until all such suits and proceedings shall be sooner heard and determined. Masters in chancery may continue to exercise the Masters in functions of their offices in the court of chancery, so chancery. long as the chancellor shall continue to exercise the functions of his office under the provisions of this Constitution. And the supreme court hereby established, shall also have power to hear and determine such of said suits and proceedings as may be prescribed by law. Chancellor, Section 7. In case any vacancy shall occur in the Vacancy in office of chancellor or justice of the present supreme office of court, previously to the first day of July, one thousand or Justice of eight hundred and forty-eight, the Governor may nomi- Supreme nate, and by and with the advice and consent of the Court, how Senate, appoint a proper person to fill such vacancy. Any judge of the court of appeals or justice of the supreme court, elected under this Constitution, may receive and hold such appointment. filled. Section 8. The offices of chancellor, justices of the Offices existing supreme court, circuit judge, vice-chancellor, abolished. assistant vice-chancellor, judge of the existing county courts of each county, supreme court commissioner, master in chancery, examiner in chancery, and surrogate, (except as herein otherwise provided,) are abolished from and after the first Monday of July, one thousand eight hundred and forty-seven (1847). Section 9. The chancellor, the justices of the present Chancellor supreme court, and the circuit judges are hereby de- and Justices of present suclared to be severally eligible to any office at the first preme court election under this Constitution. eligible. of term. Section 10. Sheriffs, clerks of counties, (including the Officers to register and clerk of the city and county of New-York,) hold until and justices of the peace and coroners, in office when expiration this Constitution shall take effect, shall hold their respective offices until the expiration of the term for which they were respectively elected. ceive fees, Section 11. Judicial officers in office when this Con- Judicial offistitution shall take effect, may continue to receive such cers may refees and perquisites of office as are now authorized by law, until the first day of July, one thousand eight hundred and forty-seven, notwithstanding the provisions Local courts to remain until, &c. Constitution goes into operation. of the twentieth section of the sixth article of this Constitution. Section 12. All local courts established in any city or village, including the superior court, common pleas, sessions and surrogate's courts of the city and county of New-York, shall remain until otherwise directed by the Legislature, with their present powers and jurisdiction; and the judges of such courts and any clerks thereof in office on the first day of January, one thousand eight hundred and forty-seven, shall continue in office until the expiration of their terms of office, or until the Legislature shall otherwise direct. Section 13. This Constitution shall be in force from and including the first day of January, one thousand eight hundred and forty-seven, except as is herein otherwise provided. DONE, in Convention, at the Capitol in the City of Albany, the ninth day of October, in the year one thousand eight hundred and forty-six, and of the Independence of the United States of America the seventy-first. In witness whereof, we have hereunto subscribed our names. JAMES F. STARBUCK, H. W. STRONG, FR. SEGER, Secretaries. |