Article VI, § 14 sessions except in county 32 hundred and ninety-five. All the jurisdiction of the court Courts of 33 of sessions in each county, except the county of New York, abolished 34 shall thereupon be vested in the county court thereof, and New York 35 all actions and proceedings then pending in such courts of 36 sessions shall be transferred to the said county courts for 37 hearing and determination. Every county judge shall per38 form such duties as they may be required by law. His County 39 salary shall be established by law, payable out of the county powers and 40 treasury. A county judge of any county may hold county salary' courts in any other county when requested by the judge of May hold 42 such other county.39 Source Const. 1846, Art. VI, § 14; amended, Judiciary Article, 1869,40 Art. Lincoln's Constitutional History For historical sketch of the county court from 1691 to 1894, see For court decisions construing this section, see IV:613-615. 1777. I:153–154. 1821. I:673, 677. 1846. II:142-143, 155-157. Debates of constitutional conventions 1846. Organization, 684-688 (Aug. 18), 691 (Aug. 19), 797-798 1894. Organization, III:65-66 (III:1315–1316); jurisdiction, II:1169– Texts of proposed amendments In the constitutional convention of 1891: see Proposed Constitutional Amendments, Overtures Nos. 41, 79, 126, 172, 180 (Int. 179), 269 (Int. 267), 422 (Int. 383).42 In the legislature, 1895-1914: see Part II, post, pp. 143–155. 39 For suggestions relative to associate county judges, see Supplemental Notes following Article XV, post, under the title Judges. 40 See footnote no. 3, to Art. VI, § 1, ante. 41 For legislative history of this amendment and the action of the people thereon, see Part II, post, pp. 144-145. 42 This overture was adopted by the convention and accordingly became a part of the Constitution. judges; duties, court in other counties Surrogates' 1 courts Surrogates; election, term, powers and duties County judge as surrogate Separate officer as surrogate Vacancies 2 3 4 8 9 10 11 12 Article VI, § 15 In § 15. The existing Surrogates' Courts are continued, and the Surrogates 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 5 of office shall be six years, except in the county of New York, 6 where they shall continue to be fourteen years. Surrogates 7 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 Judge shall be Surrogate of his county, except where a separate Surrogate has been or shall be elected. counties having a population exceeding forty thousand, 13 wherein there is no separate Surrogate, the Legislature may 14 provide for the election of a separate officer to be Surrogate, 15 whose term of office shall be six years. When the Surrogate 16 shall be elected as a separate officer his salary shall be estab17 lished by law, payable out of the county treasury. No County 18 Judge or Surrogate shall hold office longer than until and 19 including the last day of December next after he shall be 20 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 diminished during his term of office. For the relief of Surrogates' Courts the Legislature may confer upon the Supreme Court in any county having a population exceed27 ing four hundred thousand, the powers and jurisdiction of 28 Surrogates, with authority to try issues of fact by jury in 29 probate cases.43 21 Compensa- 22 tion 23 Powers of 24 surrogates may be con- 25 ferred on supreme court in certain counti 26 Source Const. 1846, Art. VI, § 14; amended, Judiciary Article, 1869,44 Art. VI, § 15; amended, Const. 1894, Art. VI, § 15. See also Const. 1777, Art. XXIV, and Const. 1821, Art. V, $ 6. Lincoln's Constitutional History For historical sketch of surrogates' courts from 1692 to 1846, see II: For court decisions construing this section, see IV:616-617. 1846. II:159. 1890. II:710-713, 725. 1894. III:362, 373. 43 For provisions relating to probate courts and to registers of wills, see Supplemental Notes following Article XV, post, under the titles Courts and Wills, respectively. 44 See footnote no. 3, to Art. VI, § 1, ante. Article VI, § 17 Debates of constitutional conventions 1867. Jurisdiction, IV:2592-2609, 2633-2635, 2696-2697; vacancies, 1894. Jurisdiction, II:1186-1189 (III:1272-1273); term, II:903 (III: Texts of proposed amendments 1 In the constitutional convention of 1894: see Proposed Constiutional County surrogate § 16. The Legislature may, on application of the board of Special 2 supervisors, provide for the election of local officers, not to judge and 3 exceed two in any county, to discharge the duties of County 4 Judge and of Surrogate, in cases of their inability or of a 5 vacancy, and in such other cases as may be provided by law, 6 and to exercise such other powers in special cases as are 7 or may be provided by law. Source Const. 1846, § 15; continued without change in Judiciary Article, 46 Lincoln's Constitutional History For court decisions construing this section, see IV :617-618. 1846. II:163. 1894. III:369. Proceedings and debates of constitutional conventions 1867. IV:2609-2610, 2709-2710; V:3847–3848. 1894. II:1189 (III:1273). Texts of proposed amendments 1 In the constitutional convention of 1894: see Proposed Constitutional the peace; term, etc. § 17. The electors of the several towns shall, at their Justices of 2 annual town meetings, or at such other time and in such election. 3 manner as the Legislature may direct, elect Justices of the 4 Peace, whose term of office shall be four years. In case of an 5 election to fill a vacancy occurring before the expiration of a 6 full term, they shall hold for the residue of the unexpired 7 term. Their number and classification may be regulated by 8 law. Justices of the Peace and judges or justices of inferior Removal of 9 courts not of record, and their clerks, may be removed for 45 This overture was adopted by the convention and accordingly became a part of the Constitution. inferior Judicial officers and their clerks 46 See footnote no. 3, to Art. VI, § 1, ante. Article VI, § 18 Inferior local 10 cause, after due notice and an opportunity of being heard by 11 such courts as are or may be prescribed by law. Justices 12 of the Peace and District Court Justices may be elected in 13 the different cities of this State in such manner, and with 14 such powers, and for such terms, respectively, as are or shall 15 be prescribed by law; all other judicial officers in cities, 16 whose election or appointment is not otherwise provided for 17 in this article, shall be chosen by the electors of such cities, or appointed by some local authorities thereof. Source Const. 1821, Art. IV, § 7; amended in 1826;47 amended, Const. 1846, Lincoln's Constitutional History For court decisions construing this section, see IV:619-622. See also, IV:48, 241, 598, 745, 762. References to constitutional conventions. 1777. Justices, removal, I:674. 1821. Justices, term, I:672; how chosen, III:616-617; special justices in New York city, I:672-673. 1846. Justices' courts, organization, II:161-162; justices, how chosen, II:142, 163. 1867. Justices' courts, II:285, 290. 1894. Justices' courts, III:364, 374. Debates of constitutional conventions 1821. Justices, how chosen, 307-309 (Oct. 2), 321-356 (Oct. 3-5), 378-383 (Oct. 8-9). 1846. Justices' courts, jurisdiction, 815-819 (Sept. 7). 1867. Justices, how chosen, IV:2610–2611, 2626. 1894. Justices' courts, organization, II:1189-1191 (III:1273-1274). Texts of proposed amendments 1 courts 2 In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 62, 162, 210 (Int. 208), 227 (Int. 225), 269 (Int. 267), 363 (Int. 354). § 18. Inferior local courts of civil and criminal jurisdiction may be established by the Legislature, but no inferior local court hereafter created shall be a court of record. The Legis4 lature shall not hereafter confer upon any inferior or local 3 47 For text of the constitutional amendment of 1826, see Lincoln's Constitutional History, I: 222-223. 48 See footnote no. 3, to Art. VI, § 1, ante. Article VI, § 19 5 court of its creation, any equity jurisdiction or any greater 6 jurisdiction in other respects than is conferred upon County 7 Courts by or under this article. Except as herein otherwise 8 provided, all judicial officers shall be elected or appointed at 9 such times and in such manner as the Legislature may direct. Source Const. 1846, Art. VI, § 14; amended, Judiciary Article, 1869,49 Art. VI, § 19; amended, Const. 1894, Art. VI, § 18. See also Const. 1777, Art. XXIV, and Const. 1821, Art. V, § 6. Lincoln's Constitutional History For history of this section and court decisions construing it, see References to constitutional conventions and commissions. 1821. I:672–673. 1846. II:142, 163. 1867. II:284. 1872. II: Debates of constitutional conventions 1846. 800-801 (Sept. 3), 807-812 (Sept. 4), 819 (Sept. 8), 828 (Sept. 9). 1867. IV:2701-2704. 1894. II:901-902 (III:1113); II:1191-1194 (III:1274-1276). Texts of proposed amendments 1 In the constitutional convention of 1894: see Proposed Constitutional courts § 19. Clerks of the several counties shall be clerks of the Clerks of 2 Supreme Court, with such powers and duties as shall be 3 prescribed by law. The Justices of the Appellate Division in 4 each department shall have power to appoint and to remove 5 a clerk who shall keep his office at a place to be designated 6 by said Justices. The Clerk of the Court of Appeals shall 7 keep his office at the seat of *govermnent. The Clerk of the 8 Court of Appeals and the clerks of the Appellate Division 9 shall receive compensation to be established by law and 10 paid out of the public treasury. Source Const. 1821, Art. IV, § 9; amended, Const. 1846, Art. VI, § 19; amended, Judiciary Article, 1869,51 Art. VI, § 20; amended, Const. 1894, Art. VI, § 19. *So in original. 49 See footnote no. 3, to Art. VI, § 1, ante. 50 This overture was adopted by the convention and accordingly became a part of the Constitution. 51 See footnote no. 3, to Art. VI, § 1, ante. |