CONSTITUTIONAL PROVISIONS RELATING

TO PRACTICE.

DAMAGES FOR INJURIES RESULTING IN DEATH.

Article I.

§ 18. The right of action now existing to recover damages for injuries resulting in death, shall never be abrogated; and the amount recoverable shall not be subject to any statutory limitation.

JUDICIARY ARTICLE.

Article VI.

1. The supreme court is continued with general jurisdiction in law Jurisdicand equity, subject to such appellate jurisdiction of the court of ap- tion of su peals as now is or may be prescribed by law not inconsistent with preme this article. The existing judicial districts of the state are continued court. until changed as hereinafter provided. The supreme court shall consist Number of of the justices now in office, and of the judges transferred thereto by justices. the fifth section of this article, all of whom shall continue to be justices of the supreme court during their respective terms, and of twelve additional justices who shall reside in and be chosen by the electors of the several existing judicial districts, three in the first district, three in the second, and one in each of the other districts; and of their successors. The successors of said justices shall be chosen by the electors of their respective judicial districts. The legislature Judicial may alter the judicial districts once after every enumeration under districts. the constitution, of the inhabitants of the state, and thereupon reapportion the justices to be thereafter elected in the districts so altered.

§ 2. The legislature shall divide the state into four judicial depart- Legisla ments. The first department shall consist of the county of New York; ture to the others shall be bounded by county lines, and be compact and equal dicial deform ju in population as nearly as may be. Once every ten years the legisla- partments. ture may alter the judicial departments, but without increasing the number thereof.

the su

There shall be an appellate division of the supreme court, consisting Appellate of seven justices in the first department, and of five justices in each division of of the other departments. In each department four shall constitute preme a quorum, and the concurrence of three shall be necessary to a decision. court. No more than five justices shall sit in any case.

From all the justices elected to the supreme court the governor shal Judges of designate those who shall constitute the appellate division in each appellate division department; and he shall designate the presiding justice thereof, who how desigshalb act as such during his term of office, and shall be a resident of nated. the department. The other justices shall be designated for terms of five years, or the unexpired portions of their respective terms of office, if less than five years. From time to time as the terms of such designations expire, or vacancies occur, he shall make new designations.

A majority of the justices so designated to sit in the appellate division in each department shall be residents of the department. He may also make temporary designations in case of the absence or inability to act, of any justice in the appellate division, or in case the presiding justice of any appellate division shall certify to him that one or more additional justices are needed for the speedy disposition of the business before it. Whenever the appellate division in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the several departments at a meeting called by the presiding justice of the department in arrears may transfer any pending appeals from such department to any other department for hearing and determination. No justice of the appellate division shall exercise any of the powers of a justice of the supreme court, other than those of a justice out of court, and those pertaining to the appellate division or to the hearing and decisions of motions submitted by consent of counsel. From and after the last day of December, eighteen hundred and ninetyfive, the appellate division shall have the jurisdiction now exercised by the supreme court at its general terms, and by the general terms of the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buffalo and the city of Brooklyn, and such additional jurisdiction as may be conferred by the legislature. It shall have power to Justices of appoint and remove a reporter.

appellate division to fix times

and place for special

nd trial terms.

Judges not to sit in re

view in certain cases.

Terms of

supreme

court.

The justices of the appellate division in each department shall have power to fix the times and places for holding special and trial terms therein, and to assign the justices in the departments to hold such terms; or to make rules therefor.

3. No judge or justice shall sit in the appellate division or in the court of appeals in review of a decision made by him or by any court of which he was at the time a sitting member. The testimony in equity cases shall be taken in like manner as in cases at law; and, except as herein otherwise provided, the legislature shall have the same power to alter and regulate the jurisdiction and proceedings in law and in equity that it has heretofore exercised.

This was practically § 8, Art. VI, and was amended, and made § 3, Art. VI, by Convention of 1894.

§ 4. The official terms of the justices of the supreme court shall be justices of fourteen years from and including the first day of January next after their election. When a vacancy shall occur otherwise than by expiration of term in the office of justice of the supreme court the same shall be filled for a full term, at the next general election, happening not less than three months after such vacancy occurs; and, until the vacancy shall be so filled, the governor by and with the advice and consent of the senate, if the senate shall be in session, or if not in session the governor, may fill such vacancy by appointment, which shall continue until and including the last day of December next after the election at which the vacancy shall be filled.

Courts 5. The superior court of the city of New York, the court of common abolished. pleas for the city and county of New York, the superior court of Buffalo, and the city court of Brooklyn, are abolished from and after the first day of January, one thousand eight hundred and ninety-six, and thereupon the seals. records, papers and documents of or belonging to such courts. shall be deposited in the offices of the clerks of the several counties in which said courts now exist: and all actions and proceedings then pending in such courts shall be transferred to the supreme court for hearing and determination. The judges of said courts in office on the first day of January, one thousand eight hundred and ninety-six, shall for the remainder of the terms for which they were elected or appointed. be justices of the supreme court; but they shall sit only in the counties in which they were elected or appointed. Their salaries shall be paid by the said counties respectively, and shall be the same as the salaries of the other justices of the su

preme court residing in the same counties. Their successors shall be elected as justices of the supreme court by the electors of the judicial districts in which they respectively reside.

The jurisdiction now exercised by the several courts hereby abolished, shall be vested in the supreme court. Appeals from inferior and local courts now heard in the court of common pleas for the city and county of New York and the superior court of Buffalo, shall be heard in the supreme court in such manner and by such justice or justices as the appellate divisions in the respective departments which include New York and Buffalo shall direct, unless otherwise provided by the legis

lature.

courts of

oyer and

§ 6. Circuit courts and courts of oyer and terminer are abolished Circuit from and after the last day of December, one thousand eight hundred courts and and ninety-five. All their jurisdiction shall thereupon be vested in the supreme court, and all actions and proceedings then pending in such terminer courts shall be transferred to the supreme court for hearing and deter- abolished. mination. Any justice of the supreme court, except as otherwise provided in this article, may hold court in any county.

87. The court of appeals is continued. It shall consist of the chief Court of judge and associate judges now in office, who shall hold their offices until appeals. the expiration of their respective terms, and their successors, who shall be chosen by the electors of the state. The official terms of the chief judge and associate judges shall be fourteen years from and including the first day of January next after their election. Five members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court shall have power to appoint and to remove its reporter, clerk and attendants. Whenever and as often as a majority of the judges of the court of appeals shall certify to the governor that said court is unable, by reason of the accumulation of causes pending therein, to hear and dispose of the same with reasonable speed, the governor shall designate not more than four justices of the supreme court to serve as associate judges of court of appeals. The justices so designated shall be relieved from their duties as justices of the supreme court and shall serve as associate judges of the court of appeals Vacancies until the causes undisposed of in said court are reduced to two hundred, when in court of they shall return to the supreme court. The governor may designate justices appeals. of the supreme court to fill vacancies. No justice shall serve as associate judge of the court of appeals except while holding the office of justice of the supreme court, and no more than seven judges shall sit in any case. This section was formerly embodied in part in § 2, Art. VI.

§ 8. When a vacancy shall occur otherwise than by expiration of term, in the office of chief or associate judge of the court of appeals, the same shall be filled, for a full term, at the next general election happening not less than three months after such vacancy occurs; and until the vacancy shall be so filled, the governor, by and with the advice and consent of the senate, if the senate shall be in session, or if not in session the governor may fill such vacancy by appointment. If any such appointment of chief judge shall be made from among the associate judges, a temporary appointment of associate judge shall be made in like manner; but in such case, the person appointed chief judge shall not be deemed to vacate his office of associate judge any longer than until the expiration of his appointment as chief judge. The powers and jurisdiction of the court shall not be suspended for want of appointment or election, when the number of judges is sufficient to constitute a quorum. All appointments under this section shall continue until and including the last day of December next after the election at which the vacancy shall be filled.

This was practically former § 3, Art. VI, and was slightly amended and made § 8, Art. VI, by Convention of 1894.

9. After the last day of December, one thousand eight hundred and Jurisdicninety-five, the jurisdiction of the court of appeals, except where the tion of judgment is of death, shall be limited to the review of questions of law. court of No unanimous decision of the appellate division of the supreme court appeals. that there is evidence supporting or tending to sustain a finding of fact or a verdict not directed by the court, shall be reviewed by the court of appeals. Except where the judgment is of death, appeals may be taken as of right, to said court only from judgments or orders entered upon decisions of the appellate division of the supreme court, finally determining actions or special proceedings. and from orders granting new trials on exceptions, where the appellants stipulate that

Judges to hold no

other office.

Removals.

Compensation of

judges and justices.

office.

upon affirmance judgment absolute shall be rendered against them. The appellate division in any department may, however, allow an appeal upon any question of law which, in its opinion, ought to be reviewed by the court of appeals. The legislature may further restrict the jurisdiction of the court of appeals and the right of appeal thereto, but the right to appeal shall not depend upon the amount involved. The provisions of this section shall not apply to orders made or judgments rendered by any general term before the last day of December, one thousand eight hundred and ninety-five, but appeals therefrom may be taken under existing provisions of law.

§ 10. The judges of the court of appeals and the justices of the supreme court shall not hold any other office or public trust. All votes for any of them, for any other than a judicial office, given by the legislature or the people, shall be void.

11. Judges of the court of appeals and justices of the supreme court, may be removed by concurrent resolution of both houses of the legislature, if two-thirds of all the members elected to each house concur therein. All other judicial officers, except justices of the peace and judges or justices of inferior courts not of record, may be removed by the senate, on the recommendation of the governor, if twothirds of all the members elected to the senate concur therein. But no officer shall be removed by virtue of this section except for cause, which shall be entered on the journals, nor unless he shall have been served with a statement of the cause alleged, and shall have had an opportunity to be heard. On the question of removal, the yeas and nays shall be entered on the journal.

This was practically former § 11, Art. VI, and was slightly amended by Convention of 1894.

§ 12. The judges and justices hereinbefore mentioned shall receive for their services a compensation established by law. which shall not be increased or diminished during their official terms, except as provided in section five of this article. No person shall hold the office of judge or justice of any court longer than until and including the last Tenure of day of December next after he shall be seventy years of age. No judge or justice elected after the first day of January, one thousand cight hundred and ninety-four, shall be entitled to receive any compensation after the last day of December next after he shall be seventy years of age; but the compensation of every judge of the court of appeals or justice of the supreme court elected prior to the first day of January, one thousand eight hundred and ninety-four, whose term of office has been, or whose present term of office shall be, so abridged, and who shail have served as such judge or justice ten years or more, shall be continued during the remainder of the term for which he was elected; but any such judge or justice may, with his consent, be assigned by the governor, from time to time, to any duty in the supreme court while his compensation is so continued.

Impeach

ment.

The first part of this section was formerly embodied in § 14, Art. VI, and was amended and made § 12, Art. VI, by Constitution of 1894.

13. The assembly shall have the power of impeachment by a vote of a majority of all the members elected. The court for the trial of impeachments shall be composed of the president of the senate, the senators, or the major part of them, and the judges of the court of appeals, or the major part of them. On the trial of an impeachment against the governor or lieutenant-governor, the lieutenant-governor shall not act as a member of the court. No judicial officer shall exercise his office, after articles of impeachment against him shall have been preferred to the senate, until he shall have been acquitted. Before the trial of an impeachment the members of the court shall

take an oath or affirmation truly and impartially to try the impeachment according to the evidence, and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold and enjoy any office of honor, trust or profit under this state; but the party imDeached shall be liable to indictment and punishment according to law. This was formerly § 1, Art. VI, and was made § 13, Art. VI, by the Convention of 1894.

14. The existing county courts are continued, and the judges County thereof now in office shall hold their offices until the expiration of courts. their respective terms. In the county of Kings there shall be two county judges and the additional county judge shall be chosen at the next general election held after the adoption of this article. The successors of the several county judges shall be chosen by the electors of the counties for the term of six years. County courts shall have Jurisdicthe powers and jurisdiction they now possess, and also original juris- tion. diction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment for a sum not exceeding two thousand dollars. The legislature may hereafter enlarge or restrict the jurisdiction of the county courts, provided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant. Courts of sessions, except in the county of New York, are abolished from and after the 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 courts 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, payable out of the county treasury. A county judge of any county may hold county courts in any other county when requested by the judge of such other county.

This provision was formerly embodied in § 15, Art. VI, and was amended and made § 14, Art. VI, by Convention of 1894.

15. The existing surrogates' courts are continued, and the surro- Surrogates now in office shall hold their offices until the expiration of their gates. 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 judge shall be sur County rogate of his county, except where a separate surrogate has been or judge, shall be elected. In counties having a population exceeding forty when sur. thousand, wherein there is no separate surrogate, the legislature may rogate. provide for the election of a separate officer to be surrogate, 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 Compen. county judge or surrogate shall not be increased or diminished during sation. his term of office. For the relief of surrogates' courts the legislature may confer upon the supreme court in any county having a population exceeding four hundred thousand, the powers and jurisdiction of surrogates, with authority to try issues of fact by jury in probate cases.