The superintendent of public works shall appoint not more than three assistant superintendents, whose duties shall be prescribed by him, subject to modification by the legislature, and who shall receive for their services a compensation to be fixed by law. They shall hold their office for three years, subject to suspension or removal by the superintendent of public works, whenever, in his judgment, the public interest shall so require. Any vacancy in the office of any such assistant superintendent shall be filled, for the remainder of the term for which he was appointed, by the superintendent of public works; but in case of the suspension or removal of any such assistant superintendent by him, he shall at once report to the governor, in writing, the cause of such removal. All other persons employed in the care and management of the canals, except collectors of tolls, and those in the department of the state engineer and surveyor, shall be appointed by the superintendent of public works, and be subject to suspension or removal by him. The office of canal commissioner is abolished from and after the appointment and qualification of the superintendent of public works, until which time the canal commissioners shall continue to discharge their duties as now provided by law. The superintendent of public works shall perform all the duties of the canal commissioners, and board of canal commissioners, as now declared by law, until otherwise provided by the legislature. The governor, by and with the advice and consent of the senate, shall have power to fill vacancies in the office of superintendent of public works; if the senate be not in session, he may grant commissions which shall expire at the end of the next succeeding session of the senate.'

tendent of

appoint

§ 4. A superintendent of state prisons shall be appointed by the Superingovernor, by and with the advice and consent of the senate, and hold state his office for five years, unless sooner removed; he shall give security in prisons; such amount, and with such sureties, as shall be required by law, for the ment, faithful discharge of his duties; he shall have the superintendence, duties. management and control of state prisons, subject to such laws as now exist, or may hereafter be enacted; he shall appoint the agents, wardens, physicians and chaplains of the prisons. The agent and warden of each prison shall appoint all other officers of such prison, except the clerk, subject to the approval of the same by the superintendent. The comptroller shall appoint the clerks of the prisons. The superintendent shall have all the powers and perform all the duties not inconsistent herewith, which have heretofore been had and performed by the inspectors of state prisons; and from and after the time when such superintendent of state prisons shall have been appointed and qualified, the office of inspector of state prisons shall be and hereby is abolished. The governor may remove the superintendent for cause at any time, giving to him a copy of the charges against him, and an opportunity to be heard in his defence." § 5. The lieutenant-governor, speaker of the assembly, secretary of Commis state, comptroller, treasurer, attorney-general, and state engineer and the land surveyor, shall be the commissioners of the land office. The lieutenant- office. governor, secretary of state, comptroller, treasurer, and attorney-general, sioners of shall be the commissioners of the canal fund. The canal board shall the canal consist of the commissioners of the canal fund, the state engineer and Canal surveyor, and the canal commissioners.

sioners of

Commis

fund.

board.

and duties

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

&c.

§7. The treasurer may be suspended from office by the governor, Treasurer during the recess of the legislature, and until thirty days after the commencement of the next session of the legislature, whenever it shall governor.

192 N. Y., 191; 98 N. Y., 593.

140 Hun, 235.

399 N. Y., 503.

may be suspended by

As amended by vote of the people, Nov. 7, 1876. Went into effect, Jan. 1, 1877.

Certain

offices abol. ished.

Impeachment, assembly has power of.

appear to him that such treasurer has, in any particular, violated his duty. The governor shall appoint a competent person to discharge the duties of the office, during such suspension of the treasurer.'

§ 8. All offices for the weighing, gauging, measuring, culling, or inspecting any merchandise, 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.*

SECTION 1. The assembly shall have the power of impeachment, by a vote of the 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 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 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 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 judgment. 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.'

Effect of

Court of appeals. Judges

how

chosen.

Appoint

ment of clerk.

Vacancies

judge of court of appeals how filled.

§ 2. There shall be a court of appeals, composed of a chief judge and six associate judges, who shall be chosen by the electors of the state, and shall hold their office for the term of fourteen years from and including the first day of January next after their election. At the first election of judges under this constitution, every elector may vote for the chief and only four of the associate judges. Any five members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court shall have the appointment, with the power of removal, of its reporter and clerk, and of such attendants as may be necessary.

§ 3. When a vacancy shall occur, otherwise than by expiration of term. in office of 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, the governor alone, may appoint to fill such vacancy. 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

137 Hun, 450.

2 45 N. Y., 814; 17 N. Y., 141.

$32 Hun, 586; 35 Hun, 522; 93 N. Y., 98; 2 N. Y. Crim. R., 150.

41 N. Y., 17; 3 N. Y., 547; 42 How. Pr. R., 262; 58 N. Y., 489.

[* Article 6 of the constitution (except section 28) was framed by delegates elected April 23, 1867, under chapter 194, laws of 1867, to a constitutional convention (convened pursuant to section 2 of article 13 of the constitution, by a vote of the people at the general election held November 6, 1866), which convention met in the city of Albany, June 4, 1867, and adjourned February 28, 1868.

Article 6 (except section 28) was submitted separately to the people, pursuant to chapter 318, laws of 1869, at the general election held November 2, 1869, and declared ratified and adopted by the board of state canvassers, by certificate of determination, dated December 6, 1869, the official vote thereon, as declared, standing, "for the amended judiciary article," 247,240 votes, and "against the amended judiciary article," 240,442 votes.]

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.'

court of

be referred

appeals

§ 4. Upon the organization of the court of appeals, under this article, Causes the causes then pending in the present court of appeals shall become pending in vested in the court of appeals hereby established. Such of said causes appeals to as are pending on the first day of January, eighteen hundred and sixty- to commis nine shall be heard and determined by a commission, to be composed of sioners of five commissioners of appeals, four of whom shall be necessary to constitute a quorum; but the court of appeals hereby established may order any of said causes to be heard therein. Such commission shall be composed of the judges of the present court of appeals, elected or appointed thereto, and a fifth commissioner who shall be appointed 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, the appointment shall expire at the end of the next session.

Chief com

missioner to be ap

§5. If any vacancy shall occur in the office of the said commissioners, Commis it shall be filled by appointment by the governer by and with the advice sioners of appeals. and consent of the senate; or if the senate is not in session, by the Vacancies, governor; but in such case, the appointment shall expire at the end of how filled. the next session The commissioners shall appoint, from their number, a chief commissioner, and may appoint and remove such attendants as may be necessary. The reporter of the court of appeals shall be the reporter of said commission. The decisions of the commission shall be certified to, and entered and enforced, as the judgments of the court of appeals. The commission shall continue until the causes committed to it are determined, but not exceeding three years; and all causes then undetermined shall be heard by the court of appeals.

pointed.

diction.

*§ 6. There shall be the existing supreme court with general juris- Supreme diction in law and equity, subject to such appellate jurisdiction of the court,juris court of appeals as now is or may be prescribed by law, and it shall bo composed of the justices now in office, with one additional justice to be elected as hereinafter provided, who shall be continued during their respective terms, and of their successors. The existing judicial districts of the state are continued until changed pursuant to this section.f Five of the justices shall reside in the district in which is the city of New York, and five in the second judicial district, and four in each of the other districts. The legislature may alter the districts, without increasing the number, once after every enumeration, under this constitution of the inhabitants of the state."

This section also amended in 1888, by adding provisions for the second division of the court of appeals. See post, p. 110.

court.

§ 7. At the first session of the legislature, after the adoption of this Terms of article, and from time to time thereafter as may be necessary, but not supreme oftener than once in five years, provisions shall be made for organizing, in the supreme court, not more than four general terms thereof, each to be composed of a presiding justice, and not more than three other justices, who shall be designated, according to law, from the whole number of justices. Each presiding justice shall continue to act as such during his term of office. Provisions shall be made by law for holding the general terms in each judicial district. Any justice of the supreme

14 Abb. Ct. Ap. Dec., 213.

45 N. Y., 814; 49 N. Y., 280; 53 N. Y., 450; 32 N. Y., 57; 13 N. Y., 468; 2 N. Y., 186; 65 Barb., 294; 21 Barb., 424; 38 How. Pr. R., 513; 42 How. Pr. R.. 268; 3 Abb. Pr. R., (N. S.), 199; 13 Abb. Pr. R. (N. S.), 6; 3 Hun, 375; 58 N. Y., 489; 75 N Y., 528; 79 N. Y., 582.

As amended by a vote of the people, Nov. 4, 1879. Went into effect January 1, 1880. See also post, 28 of this article, added in 1882.

+ See L. 1847, chap. 241, 1. 1857, chap. 485, and L. 1876, chap. 24, for existing judicial districts.

Judge or

not sit in

review of decisions made by him, &c.

court may hold special terms and circuit courts, and may preside in courts of oyer and terminer, in any county.'

§ 8. No judge or justice shall sit, at a general term of any court, or in justice may the court of appeals, in review of a decision made by him, or by any court of which he was at the time, a sitting member. The testimony in equity cases shall be taken in like manner as in cases at law; and except as herein otherwise provided, the legislature shall have the same power to alter and regulate the jurisdiction and proceedings in law and equity that they have heretofore exercised.'

Vacancy in office of justice of supreme court, how filled.

Judges of court of

appeals, or justices of

supreme court to hold no

other office.

proceedings in relation to.

§ 9. When a vacancy shall occur, otherwise than by expiration of term, in the office of justice of the supreme court, 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 any vacancy shall be so filled, the governor by and with the advise and consent of the senate, if the senate shall be in session, or if not in session, the governor may appoint to fill such vacancy. Any such appointment shall continue until and including the last day of December next after the election at which the vacancy shall be filled.'

§ 10. The judges of the court of appeals, and the justices of the supreme court, shall not hold any other office or public trust. All votes for any of them, for any other than a judicial office, given by the legislature or the people, shall be void.'

§ 11. Judges of the court of appeals, and justices of the supreme court Removals, 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 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, if twothirds of all the members elected to the senate concur therein. 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 charges against him, and shall have had an opportunity of being heard. On the question of removal, the yeas and nays shall be entered on the journal.

City courts.

* 12. The superior court in the city of New York, the court of common pleas for the city and county of New York, the superior court of Buffalo, and the city court of Brooklyn, are continued with the powers and jurisdiction they now severally have, and such further civil and criminal jurisdiction as may be conferred by law. The superior court of New York shall be composed of the six judges in office at the adoption of this article, and their successors. The court of common pleas of New York, of the three judges then in office, and their successors, and three additional judges. The superior court of Buffalo, of the judges now in office, and their successors; and the city court of Brooklyn, of such number of judges, not exceeding three, as may be provided by law. The judges of said courts, in office at the adoption of this article, are continued until the expiration of their terms. A chief judge shall be appointed by the judges of each of said courts, from their own number, who shall act as such during his official term. Vacancies in the office of the judges named in this section, occurring otherwise than by expiration of term, shall be filled in the same manner as vacancies in the supreme court. The legislature may provide for detailing judges of the superior court and court of common pleas of New York to hold circuits and special terms of the supreme court in that city; and for detailing

147 N. Y., 332; 49 N. Y., 280. For the existing judicial departments, see 28 of this article, adopted November 4, 1882; and L. 1883, ch. 329. 246 N. Y., 249; 42 N. Y., 276; 17 N. Y., 270; 13 Abb. N. C., 168; 27 Hun., 429, 599; 90 N. Y., 584: 44 Hun, 567.

50 N. Y., 288, 291; 49 N. Y., 280; 47 N. Y., 375; 45 N. Y., 816; 13 N. Y., 350; 42 How. Pr. R., 268 452 N. Y., 478; 49 N. Y., 280; 4 Abb. Ct. Ap. Dec., 213; 30 Hun, 154.

649 N. Y., 280; 17 N. Y., 370; 32 Hun, 586.

* As amended by vote of the people, Nov. 2, 1880.

Went into effect Jan. 1, 1881.

judges how

office; res

to age;

judges of the city court of Brooklyn, to hold circuits and special terms of the supreme court in Kings county as the public interest may require.' *§ 13. Justices of the supreme court shall be chosen by the electors of Certain their respective judicial districts. Judges of all the courts mentioned chosen ; in the last preceding section shall be chosen by the electors of the cities terms of respectively in which the said courts are instituted. The official terms triction as of the said justices and judges who shall be elected after the adoption pension. of this article shall be fourteen years from and including the first day of January next after their election. But no person shall hold the office of justice or judge of any court longer than until and including the last day of December next after he shall be seventy years of age. The compensation of every judge of the court of appeals, and of every justice of the supreme court, whose term of office shall be abridged pursuant to this provision, 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."

§ 14. The judges and justices hereinbefore mentioned shall receive for their services a compensation to be established by law, which shall not be diminished during their official terms. Except the Judges of the court of appeal and the justices of the supreme court, they shall be paid, and expenses of their courts defrayed, by the cities or counties in which such courts are instituted, as shall be provided by law.3

the

Compensajudges or justices, diminished during term of office.

tion of

not to be

courts.

§ 15. The existing county courts are continued, and the judges thereof County in office at the adoption of this article shall hold their offices until the expiration of their respective terms. Their successors shall be chosen by the electors of the counties, for the term of six years. The county courts shall have the powers and jurisdiction they now possess, until altered by the legislature. They shall also have original jurisdiction in all cases where the defendants reside in the county and in which the damages claimed shall not exceed one thousand dollars; and also such appellate jurisdiction as shall be provided by law, subject, however, to such provision as shall be made by law for the removal of causes into the supreme court. They shall also have such other original jurisdiction as shall, from time to time, be conferred upon them by the legislature. The county judge, with two justices of the peace, to be designated according to law, may hold courts of sessions, with such criminal jurisdiction as the legislature shall prescribe, and he shall perform such other duties as may be required by law. His salary, and the salary of the surrogate when elected as a separate officer, shall be established by law, payable out of the county treasury and shall not be diminished during his term of office. The justices of the peace shall be paid, for services in courts of sessions, a per diem allowance out of the county treasury. The county judge shall also be surrrogate of his county; but in counties having a population exceeding forty thousand, the legislature may provide for the election of a separate officer to be surrogate, whose term of office shall be the same as that of the county judge. The county judge of any county may preside at courts of sessions, or hold county courts, in any other county, except New York and Kings, when requested by the judge of such other county."

§ 16. The legislature may, on application of the board of supervisors, Local Judi provide for the election of local officers, not to exceed two in any county, cial off

153 N. Y., 450; 45 N. Y., 814; 59 Barb., 223; 13 Abb. Pr. R. (N. S.), 328; 60 N. Y., 204; 7 J. & S., 1923 Abb. N. C., 478; 7 Daly, 197; 19 J. & S.,119; 90 N. Y., 68; 100 N. Y., 239; 102 N. Y., 38; 103 N. Y., 377.

245 N. Y., 814; 59 Barb., 223; 78 N. Y., 403; 42 How. Pr. R., 268; 2 How., N. S., 502; 32 Hun, 441; 42 Hun, 273; 97 N. Y., 530; 100 N. Y., 239.

53 N. Y., 450; 20 J. & S., 66; 90 N. Y., 68; 98 N. Y., 503; 100 N. Y., 239.

453 N. Y., 450; 52 N. Y., 630; 45 N. Y., 814; 59 Barb., 191, 223; 57 Barb., 643; 7 Lans., 423; 24 Hun, 550 28 Hun, 484; 29 Hun, 513; 30 Hun, 230, 502; 34 Hun, 604; 38 Hun, 633; 40 Hun, 563; 41 Hun, 596; 86 N. Y, 512; 90 N. Y., 68; 98 N. Y., 593; 100 N. Y., 241; 102 N. Y., 433.

As amended by vote of the people, Nov. 2, 1880. Went into effect Jan. 1, 1881.

cers.