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partment. The other Justices shall be designated for terms of five years or the unexpired portions of their respective terms of office, if less than five years. From time to time as the terms of such designations expire, or vacancies occur, he suall make new designations. He may also make tempor.iry designations in case of the absence or inability to act, of any Justice in the Appellate Division. A majority of the Justices desiguated to sit in the Appellate Division in each department shall be residents of the department. Whenover the Appellate Division in any department shall be anable to dispose of its business within a reasonable time, a majority of the Presiding Justices of the several departments at a meeting called by the Presiding Justice of the department in arrears may transfer any pending appeals from such department to any other department for hearing and determination. No Justice of the Appellate Division shall exercise any of the powers of a Justice of the Supreme Court, other than those of a Justice out of court, and those pertaining to the Appollate Division or to the hearing and decision of motions submitted by consent of counsel. From and after the last day of December, one thousand eight hundred and ninety-five, the Appellate Division shall have the jurisdiction now exercised by the Supreme Court at its General Terms, and by the General Terms of the Court of Common Pleas for the City and County of New York, the Superior Court of tbe City of New York, the Superior Court of Buffalo and the City Court of Brooklyn, and such additional jurisdiction as may be conferred by the Legislature. It shall have power to appoint and remove a reporter.
The Justices of the Appellate Division in each department shall have power to fix the times and places for holding Special and Trial Terms therein, and to assign the Justices in the departments to hold such terms; or to make rules therefor.
8 3. No Judge or Justice shall sit in the Appellate Divi. sion 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 other. wise provided, the Legislature shall have the same power to alter and regulate the jurisdiction and proceedings in law and in equity that it has heretofore exercised.
§ 4. The official terms of the Justices of the Supreme Court shall he fourteen years from and including the first day of January next after their election. 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 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, which shall continue until and including the last day of December next after the election at which the vacancy shall be filled.
$. The Superior Court of the City of New York, the Court of Common Pleas for the City and County of New Tork, the Superior Court of Buffalo, and the City Court of Brooklyn, are abolished from and after the first day of January, one thousand eight hundred and ninety-six, and thereapou the seals, records, papers and documents of or belonging to such courts, shall be deposited in the offices of the Clerks of tbe several counties in which said courts now exist; and all actions and proceedings then pevding in such courts shall be transferred to the Supreme Court for hearing sod determination. The Judges of said courts in office on the first day of January, one thousand eight hundred and ninety-six, shall, for the remainder of the terms for which they were elected or appointed, be Justices of the Supreme Coort; bat they shall sit only in the counties in which they vere elected or appointed. Their salaries shall be paid by the said counties respectively, and shall be the same as the salaries of the other Justices of the Supreme Court residing in the same counties. Their successors shall be elected as Justices of the Supreme Court by the electors of the judicial districts in which they respectively reside.
The jurisdiction now exercised by the several courts bere. bg abolished, shall be vested in the Supreme Court. Appeals from inferior and local courts now heard in the Court of Common Pleas for the City and County of New York and the Superior Court of Buffalo, shall be heard in the Supreme Conrt in such manner and by such Justice or Justices as the Appellate Divisions in the respective departments which include New York and Buffalo shall direct, unless otherwise provided by the Legislature.
$ 6. Circuit Courts and Courts of Oyer and Terminer are abolished from and after the last day of December, one thousand eight hundred and ninety-five. All their jurisdiction shall thereupon be vested in the Supreme Court, and all actions and proceedings then pending in such courts shall be transferred to the Supreme Court for hearing and determination. Any Justice of the Supreme Court, except as otherwise provided in this article, may hold court in any county.
37. 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 respec. tive 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 inclading 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 remove its roporter, clerk and attendants.
88. When a vacancy shall occur otherwise than by ex. piration 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 V&
cancy shall be so filled, the Governor, by and with the advi and consent of the Senate, if the Senate shall be in sessio or if not in session the Governor may fill such vacancy, I appointment. If any such appointment of Chief Judge sha be made from among the Associate Judges, a temporary a poi tment of Associate Judge shall be made in like maant but in such case, the person appointed Chief Judge shall no be deemed to vacate his office of Associate Judge any longe than until the expiration of his appointment as Chief Judge The powers and jurisdiction of the court shall not be sus pended for want of appointment or election, when the aum ber of Judges is sufficient to constitute a quorum. Al . appoiotments under this section shall continue until and including the last day of December next after the election et which the vacancy shall be filled.
8 9. After the last day of December, one thousand eight hundred and ninety-five, the jurisdiction of the Court of Appoals, except where the judgment is of death, sball be limited to the review of questions of law, No unanimons decision of the Appellate Division of the Supreme Court that there is evidence supporting or tending to sustain a fin ding of fact or a verdict not directed by the court, shall be reviewed by the Court of Appeals. Except where the judg. ment is of death, appeals may be taken as of right, to said court only from judgments or orders entered upon decisions of the Appellate Division of the Supreme Court, finally de. termining actions or special proceedings, and from orders granting new trials on exceptions, where the appellants 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, buat 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 exist. ing provisions of law.
$ 10. The Judges of the Court of Appeals and the Jus tices 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, 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 there
$12-12 CONSTITUTIONAL AMENDMENTS. xiit N. But no officer shall be removed by virtue of this section *Icept for cause, which shall be entered on the journals, nor apless he shall have been served with a statement of the dase alleged, and shall have had an opportunity to be heard. On the question of removal, the yeas and naye snall be en. tered on the journal. $ 12. The Judges and Justioes hereinbofore mentioned shall receive for their services a compensation established by law, which shall not be increased or diminished during their official terms, except as provided in section five of this article. No person shall hold the office of Judge or Justice of sny court longer than until and including the last day of Decein ber next after he shall be seventy years of age. No Judge or Justice elected aftor the first day of January, ono thousand eight hundred and ninety-four shall be entitled to receive any compensation after the last day of December Dent after he shall be seventy years of ago; but the compensation of every Judge of the Court of Appeals 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 remaindor of the term for which he was elected; but any such Judge or Justice may, with his consent, be assigned by the Governor, from timo to time, to any duty in the Supreme Court while his compensation is so continued.
$ 13. The Assombly shall have the power of impeach, ment, by a vote of a majority of all tho momhers elected. The Court for the Trial of Ini peachments shall be composed of the President of the Senate, tho senators, or the major part of them, and the Judgos 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 be 1 shall have been acquitted. Before the trial of an impeach.
ment 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 pres. ent. Judgment in cases of impeachment shall not extend
farther than to removal from office, or removal from offico I and disqualification to hold and enjoy any office of honor,
trast or profit under this State; but the party impeached shall be liable to indictment and punishment according to law.
$ 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 bave the pwers and jurisdiction they now possess, and also original juris liction 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 tnejurisdiction of the County Courts, provided how. ever that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant.
Courts of Sessions, except in the county of New York, are abolished from and after the last day of December, one thou. sand 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 thon 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.
8 15. The existing Surrogate's 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 of office sball be six years, except in the county of New York, where they shall continue to be fourteen years. Surrogates and Surrogate's 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. In counties having a population exceeding forty thousand, wherein there is no separate Surrogate, the Logislature 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 occur. ring in the office of County Judge or Surregate 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 cffice. For the relief of Surrogates' Courts the Legislature may confer upon the Supreme Court in any county having a population exceeing four hundred thoua sand, the powers and jurisdiction of Surrogates, with author. ity to try issues of fact by jury in probate cases.