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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.


§ 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.


§ 27. The Legislature shall provide for the speedy publica2 tion of all statute laws, and also, for the appointment by the Jus3 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.

1 § 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

5 Court of Appeals and the Commissioners of Appeals, shall

6 respectively enter upon their duties on the first Monday of July 7 next thereafter.


§ 29. On the first Monday of July, one thousand eight hun2 dred and sixty-nine, jurisdiction of all suits and proceedings 3 then pending in the present Supreme Court, shall become vested 4 in the Supreme Court hereby established. Proceedings pending 5 in county courts and in suits originally commenced in courts of justices of the peace, shall be and remain in the county courts 7 as is now provided for by law. The Courts of Oyer and Ter8 miner hereby established, shall in their respective counties have 9 jurisdiction on and after the day last mentioned, of all indict10 ments and proceedings then pending in the present courts of 11 Oyer and Terminer. Indictments and proceedings pending in 12 the court of general sessions of the peace in the city of New .13 York, shall be and remain in the said court, subject to all pro 14 visions of law relating thereto. Indictments and proceedings, 15 pending in the courts of sessions in the several counties of this 16 State shall be and remain in the said courts, subject to all provi- · 17 sions of law relating thereto.

1 $30. The Judges of the present Court of Appeals, and the 2 Justices of the present Supreme Court, are hereby declared to 3 be severally eligible to any office at the first election under this 4 Constitution.

1 2 judicial officers, provided for in section twenty, and coroners in 3 office when this Constitution shall take effect, shall hold their

§ 31. County judges, surrogates, justices of the peace, local

4 respective offices until the expiration of the term for which they 5 were respectively elected.

1 $32. All local courts established in any city or village, not 2 in this article specially provided for, shall remain, until other3 wise directed by the Legislature, with their present powers and 4 jurisdiction; and the judges of such courts, and any clerks 5 thereof, in office on the first day of January, one thousand eight 6 hundred and sixty-nine, shall continue in office until the expira7 tion of their terms of office, or until the Legislature shall other8 wise direct.


§ 33. The Legislature may create probate courts, confer upon 2 other courts of record the powers and duties of surrogate and 3 the jurisdiction of surrogates, create registers of wills and 4 of the probate thereof, and of letters of administration, and pro5 vide for the trial by jury of issues in surrogates' courts, and in 6 courts having the like powers and duties.


34. Courts of special sessions shall have such jurisdiction 2 of offenses of the grade of misdemeanors as may be prescribed 3 by law.


§ 35. The testimony in equity cases shall be taken in like 2 manner as in cases at law.

No. 166.


January 17, 1868.



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1 SECTION 1. Any amendment or amendments to this Consti2 tution may be proposed in the Senate or Assembly; and if the 3 same shall be agreed to by a majority of the members elected to 4 each of the two houses, such proposed amendment or amend5 ments shall be entered on their respective journals, with the 6 yeas and nays taken thereon, and be referred to the next Legis7 lature, and shall be published for three months previous to the 8 next general election, and if in the next Legislature such pro9 posed amendment or amendments shall be agreed to by a majority [CON. No. 166.]


10 of all the members elected to each house, then it shall be the 11 duty of the Legislature to submit such proposed amendment or 12 amendments to the people, in such manner and at such time as the 13 Legislature shall prescribe; and if the people shall approve and 14 ratify such amendment or amendments by a majority of the 15 electors voting thereon, such amendment or amendments shall 16 become part of the Constitution.


SEC. 2. At the general election to be held in the year one 2 thousand eight hundred and eighty-eight, and in each twen3 tieth year thereafter, and also at such other time as the Legis4 lature may by law prescribe, the question, "shall therė 5 be a Convention to revise the Constitution and amend the 6 same?" shall be decided by the electors; and in case a majority 7 of the electors voting on the question at such election, shall de8 cide in favor of a Convention, the Legislature, at its next session,

9 shall provide by law for the election of delegates to such Con10 vention.

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