Impeachment. County courts. Jurisdic tion. peals or justice of the Supreme Court elected prior to the first day January, one thousand eight hundred and ninety-four, whose term 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 mor shall be continued during the remainder of the term for which was elected; but any such judge or justice may, with his cont, I assigned by the Governor, from time to time, to any duty in the S preme Court while his compensation is so continued. The first part of this section was formerly embodied in § 14, Art. VI. and w amended and made § 12, Art. VI, by Constitution of 1894, ratified Nov. 6, 189 13. The Assembly shall have the power of impeachment by a vo of a majority of all the members elected. The court for the trial impeachments shall be composed of the President of the Senate, t! senators, or the major part of them, and the judges of the Court Appeals, or the major part of them. On the trial of an impeachmen against the Governor or Lieutenant-Governor, the Lieutenant-Go ernor shall not act as a member of the court. No judicial officer sha exercise his office, after articles of impeachment against him sha have been preferred to the Senate, until he shall have been acquitted Before the trial of an impeachment the members of the court ha take an oath or affirmation truly and impartially to try the impeach ment according to the evidence, and no person shall be convicte without the concurrence of two-thirds of the members presen Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold and enjoy any off of honor, trust or profit under this State; but the party impeach shall be liable to indictment and punishment according to law. This was formerly § 1, Art. VI, and was made § 13, Art. VT, by the Conventi of 1894; ratified Nov. 6, 1894. T § 14. The existing County Courts are continued, and the judg thereof now in office shall hold their offices until the expiration their respective terms. In the county of Kings there shall be tv county judges and the additional county judge shall be chosen the next general election held after the adoption of this article. successors of the several county judges shall be chosen by the electo of the counties for the term of six years. County Courts shall ha the powers and jurisdiction they now possess, and also original ju diction in actions for the recovery of money only, where the d fendants reside in the county, and in which the complaint deman judgment for a sum not exceeding two thousand dollars. The Leg lature may hereafter enlarge or restrict the jurisdiction of the Cont Courts, provided, however, that their jurisdiction shall not b 8) tended as to authorize an action therein for the recovery of mon only, in which the sum exceeds two thousand dollars, or in which a person not a resident of the county is a defendant. Courts of Session except in the county of New York, are abolished from and after t last day of December, one thousand 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 then pending in such Coarts 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, arable out of the county treasury. A county judge of any county Ly hold County Courts in any other county when requested by the jage of such other county. This provision was formerly partly embodied in § 15, Art. VI, and was amended and made § 14, Art. VI, by Convention of 1894; ratified, Nov. 6, 1894. The salary of a county judge must be fixed by the Legislature; they cannot authorize the board of supervisors to do it. Healey v. Dudley, 5 Lans. 115. The act increasing the jurisdiction to $3,000 is void. Lenhard v. Lynch, 62 How. Pr. 56; Rall v. Buckhout, 2 Civ. Proc. 442; contra, Sweet v. Flanagan, 61 How. Pr. 327. Where the county judge is surrogate, an administrator's bond should run to the county judge. Farley v. McConnell, 52 N. Y. 630. The provision as to surrogates does not apply to the city and county of New York. People v. Carr, 86 N. Y. 512. An act extending powers of county judges holding court in other counties, vad. Pratt v. Stecins, 94 N. Y. 387. la case of vacancy in the office of surrogate, outside of Kings and New York, which is to be filled at the next general election, the election is for a full term, and the Legislature may provide that the person elected shall enter upon office at once. People v. Townsend, 102 N. Y. 430. judge, rogate. 15. The existing Surrogates' Courts are continued, and the surro- Surrogates gates 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 shall be six years except in the County of New York, where they shall continue to be fourteen years. surrogates and Surrogates' Courts shall have the jurisdiction and powers which the surrogates and existing Surrogates' Courts now possess, until otherwise provided by the Legislature. The county County jalge shall be surrogate of his county, except where a separate surro- when sur gate has been or shall be elected. In counties having a population. exceeding forty thousand, wherein there is no separate surrogate, the Legislature may provide for the election of a separate officer to be Farrogate, 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 occurring in the office of county judge or surrogate 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 in-Compensa. er-ased or dimished during his term of office. For the relief of Surrogas' Courts the Legislature may confer upon the Supreme Court in tlon. Local judicial officers. Justices of the peace. powers and jurisdiction of surrogates, with authority to try issues fact by jury in probate cases. Amendment of Convention of 1894; ratified Nov. 6, 1894. Where the county judge is surrogate an administrator's bond should run the county judge. Farley v. McConnell, 52 N. Y. 630. The provision, as to surrogate, does not apply to the city and county of N York. People v. Carr, 86 N. Y. 512. The salary of the surrogate must be fixed by the Legislature, they cannot thorize the board of supervisors to do it. Healey v. Dudley, 5 Lans. 115. § 16. The Legislature may, on application of the board of sup visors, provide for the election of local officers, not to exceed two any county, to discharge the duties of county judge and of surroga in cases of their inability or of a vacancy, and in such other cases may be provided by law, and to exercise such other powers in spec cases as are or may be provided by law. New matter in Italics. This matter not in Italics was formerly § 16 Art. VI, and was amended as in cated by Convention of 1894; ratified, Nov. 6, 1894. Under these provisions, the Legislature has power to authorize a spe county judge to make a recognizance. People v. Maine, 20 N. Y. 434; see Pe v. Townsend, 102 N. Y. 430. § 17. The electors of the several towns shall, at their annual to meetings, or at such other time and in such manner as the Legislat may direct, elect justices of the peace, whose term of office shall four years. In case of an election to fill a vacancy occurring bef the expiration of a full term, they shall hold for the residue of the expired term. Their number and classification may be regulated law. Justices of the peace and judges or justices of inferior courts: of record, and their clerks, may be removed for cause, after due not and an opportunity of being heard, by such courts as are or may prescribed by law. Justices of the peace and district court justi may be elected in the different cities of this State in such manner, a with such powers, and for such terms, respectively, as are or shall prescribed by law; all other judicial officers in cities, whose elect or appointment is not otherwise provided for in this article, shall chosen by the electors of such cities, or appointed by some lo authorities thereof. This is practically former § 18, Art. VI, and was amended and made § 17, VI, by Convention of 1894, ratified Nov. 6, 1894. Not applicable to police justices in the city of New York; Wenzler v. Ped 58 N. Y. 516; but applies to police justices in Port Jervis; People v. Dute 4 Thomp. & C. 301; and to justices in Rochester; People v. Com. Counc Rochester, 11 Hun, 241. Justices of the peace may not be elected at any other time than the annual t meeting. People v. Schiellein, 95 N. Y. 124. The Legislature may abolish or abridge the tenure of the office of police just Coulter v. Murray, 15 Abb. (N. S) 129; Wenzler v. People, 58 N. Y. 516. An appointment by the Governor intermediate to the happening of the vaca and the election, is void so far as it assumes to authorize the appointee to l until the commencement of the political year following the election. Peop Kedler, 17 N. Y. 370. This section applies to supplying an incumbent for a term as distinguished f a mere vacancy in office. People, ex rel. v. Shea, 7 Hun, 309. The provision of this section as to the election of justices of the peace in to cannot be construed as a limitation upon the power of the Legislature to cr local § 18. Inferior local courts of civil and criminal jurisdiction may be Inferior established by the Legislature, but no inferior local court hereafter courts., created shall be a court of record. The Legislature shall not hereafter confer upon any inferior or local court of its creation, any equity jurisdiction or any greater jurisdiction in other respects than is conferred upon County Courts by or under this article. Except as herein otherwise provided, all judicial officers shall be elected or appointed at such times and in such manner as the Legislature may direct. New matter in Italics. This part not in Italics was formerly all of $ 19, Art. VI, and was amended as shown and made § 18. Art. VI by Convention of 1894; ratified Nov. 6, 1894. See People, ex rel. Sinkler, v. Terry, 108 N. Y. 1. The office of police justice is within this provision. People, ex rel. Cregan, v. Dutcher, 2 Hun, 156; Village of Deposit v. Vail, 5 id. 310.. An act conferring on the Marine Court jurisdiction in actions for assault and battery, without limit as to amount of recovery, is valid. Anderson v. Reilly, 66 N. Y. 189. The only limitation upon the jurisdiction of new magistrates created under this provision, is that it be local and inferior. Brandon v. Avery, 22 N. Y. 469. After the Legislature have prescribed the length of term, and the office has been filled, they cannot extend the term of the incumbent, in case of an elective office. People, ex rel. v. Bull, 46 N. Y. 57, distinguishing People v. Batchellor, 22 id. 138. Such courts may not be empowered to send process into adjacent towns. Geraty v. Bil, 79 N. Y. 65; Connor v. Hilton, 66 How. Pr. 144. As to Marine Court. See Feerick v. Connor, 11 Week. Dig. 342; Anderson v. Billy, 66 N. Y. 189. An act organizing a police court in a district not bounded by town, county, city or village lines, is invalid. People v Porter, 90 N. Y. 68. Police commissioners not a court, bound by the rules of Art. I, § 6, but an lulaistrative tribunal. People v. Police Com'rs, 93 N. Y. 97. $19. Clerks of the several counties shall be clerks of the Supreme Court, with such powers and duties as shall be prescribed by law The justices of the appellate division in each department shall have power to appoint and to remove a clerk who shall keep his office at a place to be designated by said justices. The clerk of the Court of Appeals shall keep his office at the seat of government. The clerk of the Court of Appeals and the clerks of the Appellate Division shall receive compensation to be established by law and paid out of the public treasury. This was formerly part of § 20, Art. VI, and was amended and made § 19, Art. VI, by Convention of 1894; ratified Nov. 6, 1894. Clerks of courts. Certain ju receive fees. 20. No judicial officer, except justices of the peace, shall receive dicial offto his own use any fees or perquisites of office; nor shall any judge of cers not to the Court of Appeals, or justice of the Supreme Court, or any county jalg or surrogate hereafter elected in a county having a population exceeding one hundred and twenty thousand, practice as an attorney. or counselor in any court of record in this State, or act as referee. The Legislature may impose a similar prohibition upon county judges al surrogates in other counties. No one shall be eligible to the Publication of statutes and reports. Local judicial officers or, except in the county of Hamilton, to the office of county judge or surrogate, who is not an attorney and counselor of this 'State. This was part of § 21, Art. VI, and was made $ 20, Art. VI, and amended by Convention of 1894; ratified Nov. 6. 1894. But a judge may act as attorney in his own case. Libby v. Rosekrans, 56 Barb. 202. § 21. The Legislature shall provide for the speedy publication of all statutes, and shall regulate the reporting of the decisions of the courts; but all laws and judicial decisions shall be free for publication by any person. Part of this section was formerly in § 23, Art. VI; it was made § 21, Art VI, and amended by Convention of 1894; ratified Nov. 6, 1894. 22. Justices of the peace and other local judicial officers provided shall hold for in sections seventeen and eighteen, in office when this article takes rest of their effect, shall hold their offices until the expiration of their respective office for terms. Courts of terms. (New). Amendment of Convention of 1894; ratified Nov. 6, 1894. § 23. Courts of Special Sessions shall have such jurisdiction of offenses of the grade of misdemeanors as may be prescribed by law. This was formally § 26, Art. VI, and was made § 23, Art. VI, by Convention of 1894; ratified Nov. 6, 1894. See People v. Austin, 49 Hun, 397; Devine v. People, 20 Hun, 98. These courts may receive exclusive jurisdiction in petit larceny. People v. Dutcher, 83 N. Y. 240. |