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No. 165.

IN CONVENTION

January 15, 1868.

REPORT

OF THE COMMITTEE ON THE JUDICIARY AS AMENDED. AND REPORTED FROM THE COMMITTEE OF THE WHOLE, AND AS FURTHER AMENDED IN CONVENTION AND REFERRED TO THE COMMITTEE ON JUDICIARY TO REVISE AND REPORT COMPLETE.

ARTICLE VI.

1 SECTION 1 The Assembly shall have the power of impeach2 ment, by a vote of the majority of all the members elected. The 3 court for the trial of impeachments, shall be composed of the 4 President of the Senate, the Senators, or a major part of them, 5 and the Judges of the Court of Appeals, or the major part of 6 them. On the trial of an impeachment against the Governor, 7 the Lieutenant-Governor shall not act as a member of the court. 8 No judicial officer shall exercise his office after he shall have 9 been impeached, until he shall have been acquitted. Before the [CON. No. 165.]

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10 trial of an impeachment, the members of the court shall take an 11 oath or affirmation truly and impartially to try the impeachment 12 according to evidence, and no person shall be convicted without 13 the concurrence of two-thirds of the members present. Judg14 ment in cases of impeachment shall not extend further than to 15 removal from office, or removal from office and disqualification 16 to hold and enjoy any office of honor, trust or profit under this 17 State; but the party impeached shall be liable to indictment and 18 punishment according to law.

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§ 2. There shall be a court of appellate jurisdiction, called a 2 Court of Appeals, composed of a chief judge and six associate 3 judges, who shall be chosen by the electors of the State, and 4 shall hold their office for the term of fourteen years from the first 5 day of January next after such election. At the first election of 46 judges under this Constitution, evcry elector may vote for the 7 chief and only four of the associate judges. Any five members 8 of said court shall form a quorum, and the concurrence of four 9 shall be necessary to a decision, until otherwise provided by law. 10 The court shall have the appointment, with the power of removal, 11 of the Reporter and Clerk of the court, and of such attendants 12 as may be authorized by law.

1 § 3. Upon the organization of the Court of Appeals under 2 this Constitution, the causes then pending in the present Court 3 of Appeals shall become vested in the Court of Appeals hereby

4 created. Such of said causes as are pending on the first day o 5 January, eighteen hundred and sixty-nine, shall be heard and 6 determined by a commission to consist of five Commissioners of 7 Appeals, and four of said Commissioners shall be necessary to 8 constitute a quorum. But the Court of Appeals hereby created, 9 for cause shown, may order any cause thus pending before the 10 said Commissioners to be heard in such Court. Such Commis11 sion shall consist of the judges of the present Court of Appeals 12 elected or appointed thereto, and a fifth Commissioner who shall 13 be appointed by the Governor, by and with the advice and 14 consent of the Senate.

§ 4. If any vacancy shall occur in the office of said Com2 missioners, it shall be filled by appointment by the Governor, by 3 and with the advice and consent of the Senate; and if the Sen4 ate is not in session, by the Governor, but in such case the term 5 of office shall expire at the end of the session of the Senate next 6 after such appointment. The said Commissioners shall appoint 7 from their number a Chief Commissioner (and may in like man8 ner fill all vacancies in such appointment); (and may appoint 9 and remove such attendants as shall be provided for by law). 10 The reporter of the Court of Appeals shall be the reporter of said 11 Commissioners. And the decisions of said Commissioners shall 12 be certified to and entered and enforced as the judgments of the 13 Court of Appeals. The said Commission shall continue for

14 three

years, unless the causes committed to it are sooner deter

15 mined. If at the end of three years from the time of entering

16 upon its duties, all the causes assigned to such Commission shall 17 not have been heard and determined, the residue shall be heard 18 and determined by the Court of Appeals hereby created.

5. When a vacancy shall occur in the office of Chief Jus2 tice or Associate Judge of the Court of Appeals, three months 3 prior to a general election, the same shall be filled at such elec4 tion for a full term; and until any vacancy can be so filled, the 5 Governor, by the advice and consent of the Senate, if the Senate 6 shall be in session, or if not, the Governor alone, may appoint 7 to fill such vacancy. If any such appointment of Chief Justice 8 shall be made from among the Associate Judges, a temporary 9 appointment of Associate Judge shall be made in like manner, 10 but in such case, the person appointed Chief Justice shall not be 11 deemed to vacate his office of Associate Judge any longer than 12 until the expiration of such appointment. The powers and juris13 diction of the court shall not be suspended for want of appoint. 14 ment when the number of Judges is sufficient to constitute a 15 quorum. All appointments under this section shall continue 16 until the first day of January next after the election at which 17 the vacancy can be filled.

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§ 6. There shall be a Supreme Court having general juris

2 diction in law and equity, subject to such appellate jurisdiction

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.

§ 7. 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

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