3 of the Court of Appeals as may be prescribed by law. The 4 Legislature at its session next after the adoption of this Consti5 tution, shall divide the State into four judicial departments, and 6 each of said departments into two districts to be bounded by 7 county lines. The city and county of New York shall form 8 one district. There shall be thirty-three Justices of the said 9 Supreme Court; five thereof shall reside in the district in which 10 is the city and county of New York, and four in each of the 11 other districts. But the Legislature shall have power to provide 12 for an additional justice in any district. But if, where the state 13 shall be so divided, the number of Justices then resident in any 14 district, shall be less than the number herein specified, one or 15 more Justices for such district shall be elected to make up the 16 required number, and if at such time the number of Justices 17 so resident in any district shall be greater than herein specified, 18 a reduction to the number required shall take place as soon as 19 may be by the expiration of the official term of any such Justice 20 or Justices.

1 87. The Legislature shall have the same power to alter and 2 regulate the jurisdiction and proceedings in law and equity, as 3 they have heretofore possessed.

1 § 8. Provision shall be made by law for designating from 2 time to time the justices who shall hold the general terms, and 3 also for designating from their number a Chief Justice of each

4 department, who shall act as such during his continuance in 5 office. Four justices in each department, including the Chief 6 Justice, shall be designated to hold General Terms, and three of 7 them shall form a quorum, and the justices so designated may 8 sit at General Term in any district, except as the Legislature 9 may otherwise provide. It shall be competent for any one or 10 more of said judges to hold Special Terms and Circuit Courts, 11 and to preside in Courts of Oyer and Terminer in any county, 12 as the Legislature may by law direct. The Chief Justices of the 13 several departments shall meet, at such times and places as may 14 be designated by law, for the purpose of reviewing in such 15 manner as the law may provide, any decision relating to questions 16 of practice not reviewable in the Court of Appeals arising under 17 the Code of Procedure, made by any of the terms of the Supreme 18 Court or the Superior Court of the city of New York, or the 19 Court of Common Pleas of the city and county of New York, 20 or the Superior Court of the city of Buffalo, which shall con21 flict with the decision of any other of said courts.

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§ 9. No judge shall sit in review of a decision in which he 2 formerly participated.

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§ 10. Where a vacancy shall occur in the office of Justice of

2 the Supreme Court three months prior to a general election, the 3 same shall be filled at such election, for a full term, and until 4 any vacancy can be so filled, the Governor by the advice and

5 consent of the Senate, if the Senate shall be in session, or if not 6 in session, the Governor alone may appoint to fill such vacancy. 7 Any such appointment shall continue until the first day of Jan8 uary next after the election, at which the vacancy can be filled.

§ 11. At the general election in the year 1873, there shall be 2 submitted to the people, in such manner as the Legislature shall 3 provide by law, to be determined by the electors of the State, 4 the question: "Shall vacancies as they occur in the office of the 5 judges and justices mentioned in sections 2 and 6 of article VI 6 of the constitution, be filled by appointment?" And also the 7 question: "Shall vacancies, as they occur in the office of the 8 judges and justices mentioned in sections 15 and 18 of article VI 9 of the constitution, be filled by appointment?" And if the ma10 jority of all the electors voting on such question at such election 11 shall vote that such vacancies in the offices mentioned in said 12 sections 2 and 6 of said article VI shall be so filled, then there13 after, all vacancies in the offices mentioned in said sections 2 and 14 6 shall be filled by the Governor, by and with the advice and 15 consent of the Senate; or if the Senate is not in session, by the 16 Governor, but in such case the term of office shall expire at 17 the end of the session of the Senate next after such appoint18 ment. And if the majority of all the electors voting on such 19 question at such election, shall vote that such vacancies in the 20 offices mentioned in sections 15 and 18 of said article VI shall be

21 so filled, then, thereafter, all vacancies in the offices mentioned in 22 sections 15 and 18 of said article VI shall be so filled; then, 23 thereafter, all vacancies in the offices mentioned in said sections 24 15 and 18 shall be filled by the Governor, by and with the ad25 vice and consent of the Senate, or if the Senate is not in session, 26 by the Governor; but in such case the term of office shall expire 27 at the end of the session of the Senate next after such appoint28 ment.

1 § 12. The Judges of the Court of Appeals, and the Justices 2 of the Supreme Court, shall not hold any other office or public 3 trust. All votes for either of them for any elective office (except 4 that of Justice of the Supreme Court or Judge of the Court of 5 Appeals) given by the Legislature or the people shall be void. 6 They shall not exercise any power of appointment to public 7 office, except as is herein specially provided.

1 § 13. The times and places of holding the terms of the Court 2 of Appeals and of the General and Special Terms of the Supreme 3 Court within the several departments and districts, and the Cir4 cuit Courts and Courts of Oyer and Terminer within the several 5 counties shall be provided for by law. But provision shall be 6 made for holding General Terms of the Supreme Court in each 7 of said districts.

1 14. Judges of the Court of Appeals and Justices of the 2 Supreme Court, may. be removed by concurrent resolution of

3 both houses of the Legislature, if two-thirds of all the members 4 elected to the Assembly, and a majority of all the members 5 elected to the Senate concur therein. All judicial officers, except 6 those mentioned in this section, and except justices of the peace 7 and judges and justices of inferior courts, not of record, may be 8 removed by the Senate on the recommendation of the Governor. 9 But no removal shall be made by virtue of this section unless the 10 cause thereof be entered on the journals, nor unless the party 11 complained of shall have been served with a copy of the com12 plaint against him, and shall have had an opportunity of being 13 heard in his defense. On the question of removal, the ayes and 14 noes shall be entered on the journal.

1 § 15. There shall be in the city and county of New York, 2 the Superior Court of the city of New York, and the Court of 3 Common Pleas of said city and county. There shall be in the 4 city of Brooklyn, the City Court of Brooklyn, with such further 5 jurisdiction as may be determined by law. And there shall be 6 in the city of Buffalo, the Superior Court of said city. The said 7 courts shall severally have the jurisdiction and powers they now 8 severally possess, and such other original and appellate civil and 9 criminal jurisdiction as may be conferred by law. There shall 10 be six judges of the Superior Court of the city and county of 11 New York; six judges of the Court of Common Pleas of the 12 said city and county of New York; one or more judges of the [CON. No. 165.]

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