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Sec. 5. If any vacancy shall occur in the office of the said commissioners, it shall be filled by appointment by the Governor by and with the advice and consent of the Senate; or if the Senate is not in session, by the Governor; but in such case, the appointment shall expire at the end of 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.
. Sec. 6. There shall be the existing Supreme Court, with general jurisdiction in law and equity, subject to such appellate jurisdiction of the Court of Appeals as now is or may be prescribed by law; and it shall be 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. 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 erery enumeration, under this Constitution, of the inhabitants of the State. Whenever, and as often as there shall be such an accumulation of causes on the calendar of the Court of Appeals that the public interests require a more speedy disposition thereof, the said court may certify such fact to the Governor, who shall thereupon designate seven justices of the Supreme Court to act as associate judges, for the time being, of the Court of Appeals, and to form a second division of said court, and who shall act as such until all the causes upon the said calendar at the time of the making of such certificate are determined, or the judges of said court, elected as such, shall certify to the Governor that said causes are substantially disposed of, and on receiving such certificate, the Governor may declare said second division dissolved, and the designation of justices to serve thereon shall thereupon expire. The second division of said court hereby authorized to be con
stituted, shall be competent to determine any causes on said calendar which may be assigned to such division by the court composed of judges elected to serve in the Court of Appeals, and that court may at any time before judgment direct any of the causes so assigned to be restored to its calendar for hearing and decision. The rules of practice in both divisions shall be the same. Five members of the court shall be sufficient to form a quorum for said second division, and the concurrence of four shall be necessary to a decision. The judges composing said second division shall appoint from their number a Chief Judge of such division, and the Governor may from time to time, when in his judgment the public interests may require, change the designation of any justice of the Supreme Court to serve in such division, and may fill any vacancy occurring therein, by designating any justice of the Supreme Court to fill such vacancy. Said second division may appoint and remove a crier and such attendants as may be necessary. The judges composing said second division shall not during the time of their service therein exercise any of the functions of justices of the Supreme Court, nor receive any salary or compensation as such justices, but in lieu thereof shall during such term of service receive the same compensation as the associate judges of the Court of Appeals. They shall have power to appoint the times and places, of their sessions, within this state, and the clerk and reporter of the Court of Appeals' shall be clerk and reporter of said second division.
Sec. 7. At the first session of the Legislature, after the adoption of this article, and from time to time thereafter as may be necessary, but not 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. Provision shall be made by law for holding the General Terms in each judicial district. Any justice of the Supreme Court may hold Special Terms and Circuit Courts, and may preside in Courts of Orand Terminer, in illiy county.
Sec. 8. No judge or justice shall sit, at a General Term of any court, or in 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.
Sec. 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 advice 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 wbich the vacancy shall be filled.
Sec. 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.
Sec. 11. Judges of the Court of Appeals and justices of the Supreme 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 judicial officers, except those mentioned in this section, and except justices of the peace and judges and justices of the 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 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.
Sec. 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 sererally 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 of that city, and for detailing 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.
Sec. 13. Justices of the Supreme Court shall be chosen by the electors of their respective judicial districts. Judges of all courts mentioned in the last preceding section shall be chosen by the electors of the cities respectively in which said courts are insti. tuted. The official terms of the said justices and judges who shall be elected after the adoption 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.
Sec. 14. The judges and justices herein before 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 Appeals and the justices of the Supreme Court, they shall be paid, and the expenses of their courts defrayed, by the cities or counties in which such courts are instituted, as shall be provided by law.
Sec. 15. The existing County Courts are continued, and the judges thereof 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 Court 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 jus. tices of the peace, to be designated according to law, may hold Courts of Sessions, with such criminal jurisdiction as the Legisla. ture 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 surrogate 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.
Sec. 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 to exer. cise such other powers in special cases as may be provided by law.
Sec. 17. The Legislature shall provide for submitting to the electors of the State, at the general election in the year eighteen hundred and seventy-three, two questions, to be voted upon on separate ballots, as follows: First,“ Shall the offices of chief judge and associate judge of the Court of Appeals, and of justice of the