Imagens das páginas
PDF
ePub

13 City Court of Brooklyn, not exceeding three, as may from time 14 to time be fixed by law; and three judges of the Superior Court 15 of the city of Buffalo. The judges of said courts, respectively, 16 shall designate one of their number as chief justice, who shall 17 act as such as long as he continues in office. The provision 18 for filling vacancies in office made by section ten of this article 19 shall apply to all courts and all judges named in this section. It 20 shall be competent for the Legislature to provide by law for the 21 detailing of one or more Judges of the Superior Court or of the 22 Court of Common Pleas of the city of New York to hold cir 23 cuits or special terms of the Supreme Court in the city and 24 county of New York, from time to time, as the exigencies of 25 judicial business in that city and county may require. The 26 judges of the courts mentioned in this section shall be paid, and 27 the expenses of said courts defrayed by the localities wherein 28 said courts are respectively located in the manner provided by 29 law.

[ocr errors]

§ 16. Justices of the Supreme Court shall be elected by the 2 electors of their respective districts; judges of the Superior Court 3 of the city and county of New York, and of the Court of Com4 mon Pleas of the city and county of New York, by the electors 5 of that city and county; the judge or judges of the city court of 6 Brooklyn, and the judges of the Superior Court of the city of 7 Buffalo, by the electors of those cities respectively. The said 8 justices and judges elected under this Constitution shall hold

9 their office for the term of fourteen years from the first day of 10 January next after such election. The justices and judges of 11 the present Supreme and Superior Courts, and Courts of Com12 mon Pleas, and city court of Brooklyn, shall be justices and 13 judges of the said courts hereby established during the terms 14 for which they were respectively elected. But no person shall 15 hold the office of justice or judge of any court longer than until 16 the first day of January next after he shall have arrived at the 17 age of seventy years.

1 17. All the judges and justices of the courts of record, 2 herein before mentioned in this article, shall receive at stated 3 times for their services, a compensation to be fixed by law, which 4 shall not be diminished during their respective terms of office.

1

18. There shall be elected in each of the counties of this 2 State, except the city and county of New York, one county judge, 3 who shall hold his office for six years. He shall hold the county 4 court and perform the duties of the office of surrogate. The 5 county court as at present existing, shall be continued and shall 6 have original jurisdiction in all cases where the defendants reside 7 in the county in which the damages claimed shall not exceed one 8 thousand dollars, and also such appellate jurisdiction as shall be 9 provided by law, subject, however, to such provision as shall be 10 made by law for the removal of causes into the Supreme Court, 11 and shall have such other original jurisdiction as shall from time

12 to time be conferred upon it by the Legislature. The county 13 judge with two justices of the peace, to be designated according 14 to law, may hold courts of sessions, with such criminal jurisdic15 tion as the Legislature shall prescribe, and perform such other 16 duties as may be required by law. The county judge shall 17 receive an annual salary to be established by law, which shall not 18 be diminished during his continuance in office. The justices of 19 the peace for services in courts of session shall be paid a per 20 diem allowance out of the county treasury. In counties having 21 a population exceeding sixty thousand, the Legislature may pro22 vide for the election of a separate officer to perform the duties of 23 the office of surrogate, whose term of office shall be the same as 24 that of the county judge. Inferior local courts of civil and 25 criminal jurisdiction, may be established by the Legislature.

1

19. The county judge of any county may preside at courts 2 of sessions or hold county courts in any other county (except 3 the city and county of New York, and the county of Kings), 4 when requested thereto by the county judge of said other 5 county.

1

§ 20. The Legislature may, on application of the board of 2 supervisors, provide for the election of local officers, not to 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 vacancy, 5 and to exercise such other powers in special cases as may be 6 provided by law.

1 § 21. The Legislature may reorganize the judicial departments 2 and districts at the first session after the return of every enume

3 ration under this Constitution, in the manner provided for in the

4

section of sixth article, and at no other time. But the Legis5 lature shall not increase the number of the departments or of the

6 districts

1

22. The electors of the several towns shall, at their annual 2 town meeting, and in such manner as the Legislature may direct, 3 elect justices of the peace, whose term of office shall be four 4 years. In case of an election to fill a vacancy, occurring before 5 the expiration of a full term, they shall hold for the residue of 6 the unexpired term. Their number and classification may be 7 regulated by law. Justices of the peace, and judges or justices 8 of inferior courts, not of record, and their clerks, may be remov9 ed after due notice, and an opportunity of being heard in their 10 defense, by such county, city, or State courts, as may be pre11 scribed by law for causes to be assigned in the order of removal.

1 § 23. All judicial officers of cities and villages, and all such 2 judicial officers as may be created therein by law, shall be elected 3 or appointed at such times, and in such manner, as the Legisla4 ture may direct, except as herein otherwise provided.

1

24. Clerks of the several counties of this State shall be 2 clerks of the Supreme Court, with such powers and duties as shall 3 be prescribed by law The clerk of the Court of Appeals shall

4 keep his office at the seat of government. His compensation 5 shall be fixed by law and paid out of the public treasury.

1 25. No judicial officer except justices of the peace, shall 2 receive to his own use, any fees or perquisites of office; nor 3 shall any Judge of the Court of Appeals or of the Supreme 4 Court, nor shall any judicial officer in the city of New York, or 5 in the city of Brooklyn, or in the city of Buffalo, practice as an 6 attorney or counselor at law in any court of record in this State, 7 or act as referee.

1 § 26. The Legislature may authorize the judgments, decrees 2 and decisions of any local inferior court of record of original 3 civil jurisdiction, established in a city, to be removed for review, 4 directly into the Court of Appeals.

1

§ 27. The Legislature shall provide for the speedy publica2 tion of all statute laws, and also for the appointment by the Jus 3 tices of the Supreme Court designated to hold general terms of 4 a Reporter of the decisions of the Supreme Court. And all 5 laws and judicial decisions shall be free for publication by any 6 person.

Ι

28. The first election of Judges of the Court of Appeals, 2 shall take place at such time as the Legislature shall prescribe 3 between the first Tuesday of April and the first Tuesday of 4 June, one thousand eight hundred and sixty-nine. The said

« AnteriorContinuar »