USA > New York > A geographical history of the state of New York: embracing its history, government, physical features, climate, geology, mineralogy, botany, zoology, education, internal improvements, &c., with a separate map of each county > Part 13
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Sec. 5. The Legislature shall have the same powers to alter and regulate the jurisdiction and proceedings in law and equity, as they have heretofore possessed.
Sec. 6. Provision may be made by law for designating from time to time, one or more of the said justices, who is not a judge of the court of appeals, to preside at the general terms of the said court to be held in the several districts. Any three or more of the said justices, of whom one of the said justices so designated, shall always be one, may hold such general terms. And any one or more of the justices may hold special terms and circuit courts, and any one of them may preside in courts of oyer and terminer in any county.
Sec. 7. The judges of the court of appeals and justices of the supreme court shall severally receive at stated times for their services, a compensation to be established by law, which shall not be increased or diminished during their con- tinuance in office.
Sec. 8. They shall not hold any other office or public trust. All votes for either of them, for any elective office (except that of justice of the supreme court, or judge of the court of appeals,) given by the Legislature or the people, shall be void. They shall not exercise any power of appointment to public office. Any male citizen of the age of twenty-one years, of good moral character, and who possesses the requisite qualifications of learning and ability, shall be entitled to ad- mission to practice in all the courts of this state.
Sec. 9. The classification of the justices of the supreme court ; the times and place of holding the terms of the court of appeals, and of the general and special terms of the supreme court within the several districts, and the circuit courts and courts of oyer and terminer within the several counties, shall be provided for by law.
Sec. 10. The testimony in equity cases shall be taken in like manner as in cases at law.
Sec. 11. Justices of the supreme court and judges of the court of appeals, may be removed by concurrent resolution of both Houses of the Legislature, if two-thirds of all the members elected to the Assembly, and a majority of all the members elected to the Senate, concur therein. All judicial officers, except those mentioned in this section, and except justices of the peace, and judges and jus-
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tices of inferior courts not of record may be removed by the Senate on the recom- inendation of the Governor ; but no removal shall be made by virtue of this sec- tion, unless the cause thereof be entered on the journals, nor unless the party complained of, shall have been served with a copy of the complaint against him, and shall have had an opportunity of being heard in his defence. On the ques- tion of removal, the ayes and nocs shall be entered on the journals.
Sec. 12. The judges of the court of appeals shall be elected by the electors of the state, and the justices of the supreme court by the electors of the several judi- cial districts, at such times as may be prescribed by law.
Sec. 13. In case the office of any judge of the court of appeals, or justice of the supreme court, shall become vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appointment by the Gov- ernor, until it shall be supplied at the next general election of judges, when it shall be filled by election for the residue of the unexpired term.
Sec. 14. There shall be elected in each of the counties of this state, except the city and county of New York, one county judge, who shall hold his office for four years. He shall hold the county court, and perforin the duties of the office of surrogate. The county court shall have such jurisdiction in cases arising in justices courts, and in special cases, as the Legislature may prescribe ; but shall have no original civil jurisdiction, except in such special cases.
The county judge, with two justices of the peace to be designated according to law, may hold courts of sessions, with such criminal jurisdiction as the Legisla- ture shall prescribe, and perform such other duties as may be required by law.
The county judge shall receive an annual salary, to be fixed by the board of supervisors, which shall be neither increased nor diminished during his continu- ance in office. The justices of the peace, for services in courts of sessions, shall be paid a per diem allowance out of the county treasury.
In counties having a population exceeding forty thousand, the Legislature may provide for the election of a separate officer to perform the duties of the office of surrogate.
The legislature may confer equity jurisdiction, in special cases, upon the county judge.
Inferior local courts, of civil and criminal jurisdiction, may be established by the Legislature in cities ; and such courts, except for the cities of New York and Buffalo, shall have an uniform organization and jurisdiction in such cities.
Sec. 15. The Legislature may, on application of the board of supervisors, pro- vide for the election of local officers, not to exceed two in any county, to dis- charge the duties of county judge and of surrogate, in cases of their inability, or of a vacancy, and to exercise such other powers, in special cases, as may be provided by law.
Sec. 16. The Legislature may reorganize the judicial districts at the first session after the return of every enumeration under this Constitution, in the manner pro- vided for in the fourth section of this article and at no other timne ; and they inay, at such session, increase or diminish the number of districts, but such in- crease or diminution shall not be more than one district at any one time. Each district shall have four justices of the Supreme Court ; but no diminution of the districts shall have the effect to remove a judge from office.
Scc. 17. The electors of the several towns, shall, at their annual town meet- ing, and in such manner as the Legislature may direct, elect justices of the peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term. Their number and classification may be regulated by law. Jus- tices of the peace, and judges or justices of inferior courts not of record, and their clerks, may be removed after due notice and an opportunity of being heard in their defence by such county, city or state courts, as may be prescribed by law, for causes to be assigned in the order of removal.
Sec. 18. All judicial officers of cities and villages, and all such judicial offi- cers as may be created therein by law, shall be elected at such times and in such manner as the Legislature may direct.
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Sec. 19. Clerks of the several counties of this state shall be clerks of the Su- preme Court, with such powers and duties as shall be prescribed by law. A clerk for the Court of Appeals, to be ex officio clerk of the Supreme Court, and to keep his office at the seat of government, shall be chosen by the electors of the State ; he shall hold his office for three years, and his compensation shall be fixed by law and paid out of the public Treasury.
Sec. 20. No judicial officer, except justices of the peace, shall receive to his own use, any fees or perquisites of office.
Sec. 21. The Legislature may authorize the judgments, decrees and decisions of any local inferior court of record of original civil jurisdiction, established in a. city, to be removed for review directly into the Court of Appeals.
Sec. 22. The Legislature shall provide for the speedy publication of all statute laws, and of such judicial decisions as it may deem expedient. And all laws and judicial decisions shall be free for publication by any person.
Sec. 23. Tribunals of conciliation may be established, with such powers and duties as may be prescribed by law, but such tribunals shall have no power to render judgment to be obligatory on the parties, except they voluntarily submit their matters in difference and agree to abide the judgment, or assent thereto, in the presence of such tribunal, in such cases as shall be prescribed by law.
Sec. 24. The Legislature at its first session after the adoption of this Consti- tution, shall provide for the appointment of three commissioners, whose duty it shall be to revise, reform, simplify and abridge the rules and practice, pleadings, forms and proceedings of the courts of record of this state, and to report thereon to the Legislature, subject to their adoption and modification from time to time.
Sec. 25. The Legislature, at its first session after the adoption of this Consti- tution, shall provide for the organization of the Court of Appeals, and for trans- ferring to it the business pending in the Court for the Correction of Errors, and for the allowance of writs of error and appeals to the Court of Appeals, from the judg- ments and decrees of the present Court of Chancery and Supreme Court, and of the courts that may be organized under this Constitution.
ARTICLE VII.
Sec. 1. After paying the expenses of collection, superintendence and ordinary repairs, there shall be appropriated and set apart in each fiscal year, out of the revenues of the state canals, commencing on the first day of June, one thousand eight hundred and forty-six, the sum of one million and three hundred thousand dollars, until the first day of June, one thousand eight hundred and fifty-five, and from that time, the sum of one million and seven hundred thousand dollars in each fiscal year, as a sinking fund, to pay the interest and redeem the principal of that part of the state debt called the canal debt, as it existed at the time first aforesaid, and including three hundred thousand dollars then to be borrowed, until the same shall be wholly paid ; and the principal and income of the said sinking fund shall be sacredly applied to that purpose.
Sec. 2. After complying with the provisions of the first section of this article, there shall be appropriated and set apart out of the surplus revenues of the state canals, in each fiscal year, commencing on the first day of June, one thousand eight hundred and forty-six, the sum of three hundred and fifty thousand dollars, until the time when a sufficient sum shall have been appropriated and set apari, under the said first section, to pay the interest and extinguish the entire principal of the canal debt ; and after that period, then the sum of one million and five hun- dred thousand dollars in each fiscal year, as a sinking fund, to pay the interest and redeem the principal of that part of the state debt called the General Fund debt, including the debt for loans of the state credit to railroad companies which have failed to pay the interest thereon, and also the contingent debt on state stocks loaned to incorporated companies which have hitherto paid the interest thereon, whenever and as far as any part thereof may become a charge on the Treasury or General Fund, until the same shall be wholly paid; and the principal and in- come of the said last mentioned sinking fund shall be sacredly applied to the pur- pose aforesaid ; and if the payment of any part of the moneys to the said sinking
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fund shall at any time be deferred, by reason of the priority recognized in the first section of this article, the sum so deferred, with quarterly interest thereon, at the then current rate, shall be paid to the last mentioned sinking fund, as soon as it can be done consistently with the just rights of the creditors holding said canal debt.
Sec. 3. After paying the said expenses of superintendence and repairs of the canals, and the sums appropriated by the first and second sections of this article, there shall be paid out of the surplus revenues of the canals, to the Treasury of the State, on or before the thirtieth day of September, in each year, for the use and benefit of the General Fund, such sum, not exceeding two hundred thousand dollars, as may be required to defray the necessary expenses of the state; and the remainder of the revenues of the said canals shall, in each fiscal year, be applied, in such manner as the Legislature shall direct, to the completion of the Erie Ca- nal enlargement, and the Genesee Valley and Black River canals, until the said canals shall be completed.
If at any time after the period of eight years from the adoption of this Consti- tution, the revenues of the state, unappropriated by this article, shall not be suffi- cient to defray the necessary expenses of the government, without continuing or laying a direct tax, the Legislature may, at its discretion, supply the deficiency, in whole or in part, from the surplus revenues of the canals, after complying with the provisions of the first two sections of this article, for paying the interest and extinguishing the principal of the Canal and General Fund debt ; but the sum thus appropriated from the surplus revenues of the canals shall not exceed annually three hundred and fifty thousand dollars, including the sum of two hundred thou- sand dollars, provided for by this section for the expenses of the government, until the General Fund debt shall be extinguished, or until the Erie Canal Enlargement and Genesee Valley and Black River Canals shall be completed, and after that debt shall be paid, or the said canals shall be completed, then the sum of six hun- dred and seventy-two thousand five hundred dollars, or so much thereof as shall be necessary, may be annually appropriated to defray the expenses of the govern- ment.
Sec. 4. The claims of the state against any incorporated company to pay the interest and redeem the principal of the stock of the state, loaned or advanced to such company, shall be fairly enforced, and not released or compromised ; and the moneys arising from such claims shall be set apart and applied as part of the sinking fund provided in the second section of this article. But the time limited for the fulfillment of any condition of any release or compromise heretofore made or provided for, may be extended by law.
Sec. 5. If the sinking funds, or either of them, provided in this article, shall prove insufficient to enable the state, on the credit of such fund, to procure the means to satisfy the claims of the creditors of the state, as they become payable, the Legislature shall, by equitable taxes, so increase the revenues of the said funds as to inake them, respectively, sufficient perfectly to preserve the public faith. Every contribution or advance to the canals, or their debt, from any source, other than their direct revenues, shall, with quarterly interest, at the rates then cur- rent, be repaid into the Treasury, for the use of the state, out of the canal reve- nues, as soon as it can be done consistently with the just rights of the creditors holding the said canal debt.
Sec. 6. The Legislature shall not sell, lease, or otherwise dispose of any of the canals of the state ; but they shall remain the property of the state and under its management, forever.
Sec. 7. The Legislature shall never sell or dispose of the salt springs, belong- ing to this state. The lands contiguous thereto and which may be necessary and convenient for the use of the salt springs, may be sold by authority of law, and under the direction of the commissioners of the land office, for the purpose of in- vesting the moneys arising therefrom in other lands alike convenient ; but by such sale and purchase the aggregate quantity of these lands shall not be dimin- ished.
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Sec. 8. No moneys shall ever be paid out of the treasury of this state, or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law ; nor unless such payment be made within two years next after the passage of such appropriation act ; and every such law, making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied ; and it shall not be sufficient for such law to refer to any other law to fix such sum.
Sec. 9. The credit of the state shall not, in any manner, be given or loaned to, or in aid of any individual, association or corporation.
Sec. 10. The state may, to meet casual deficits or failures in revenues, or for expenses not provided for, contract debts, but such debts, direct and contingent, singly or in the aggregate, shall not at any time, exceed one million of dollars ; and the moneys arising from the loans creating such debts. shall be applied to the pur- pose for which they were obtained, or to repay the debt so contracted, and to no other purpose whatever.
Sec. 11. In addition to the above limited power to contract debts, the state may contract debts to repel invasion, suppress insurrection, or defend the state in war ; but the money arising from the contracting of such debts shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever.
Sec. 12. Except the debts specified in the tenth and eleventh sections of this article, no debt shall be hereafter contracted by or on behalf of this state, unless such debt shall be authorized by a law, for some single work or object, to be dis- tinctly specified therein ; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within eighteen years from the time of the contracting thereof.
No such law shall take effect until it shall, at a general election, have been sub- mitted to the people, and have received a majority of all the votes cast for and against it, at such election.
On the final passage of such bill in either house of the Legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be : "Shall this bill pass, and ought the same to receive the sanction of the people ?"
The Legislature may at any time, after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same; and may at any time, by law, forbid the contracting of any further debt or liability under such law ; but the tax imposed by such act, in proportion to the debt and liability which may have been contracted, in pursuance of such law, shall remain in force and be irrepealable, and be annually collected, until the proceeds thereof shall have made the provision herein before specified to pay and discharge the in- terest and principal of such debt and liability.
The money arising from any loan or stock creating such debt or liability, shall be applied to the work or object specified in the act authorizing such debt or lia- bility, or for the repayment of such debt or liability, and for no other purpose whatever.
No such law shall be submitted to be voted on, within three months after its passage, or at any general election, when any other law, or any bill, or any amend- ment to the Constitution shall be submitted to be voted for or against.
Sec. 13. Every law which imposes, continues or revives a tax, shall distinctly state the tax and the object to which it is to be applied ; and it shall not be suffi- cient to refer to any other law to fix such tax or object.
Sec. 14. On the final passage, in either house of the Legislature, of every act which imposes, continues, or revives a tax, or creates a debt or charge, or makes, continues or revives any appropriation of public or trust-money or property, or re- leases, discharges, or commutes any claim or demand of the state, the question shall be taken by ayes and noes, which shall be duly entered on the journals, and three-fifths of all the members elected to either house, shall, in all such cases, be necessary to constitute a quorum therein.
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ARTICLE VIII.
Sec. 1. Corporations may be formed under general laws; but shall not be created by special act, except for municipal purposes, and in cases where in the judgment of the Legislature, the objects of the corporation cannot be attained un- der general laws. All general laws and special acts passed pursuant to this sec- tion, may be altered from time to time, or repealed.
Sec. 2. Dnes from corporations shall be secured by such individual liability of the corporators, and other means, as may be prescribed by law.
Sec. 3. The term corporations, as used in this article, shall be construed to in- clude all associations and joint-stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons.
Sec. 4. The Legislature, shall have no power to pass any act granting any special charter for banking purposes ; but corporations or associations may be formed for such purposes under general laws.
Sec. 5. The Legislature shall have no power to pass any law sanctioning in any manner, directly or indirectly, the suspension of specie payments, by any per- son, association or corporation issuing bank notes of any description.
Sec. 6. The Legislature shall provide by law for the registry of all bills or notes, issued or put in circulation as money, and shall require ample security for the redemption of the same in specie.
Sec. 7. The stockholders in every corporation and joint-stock association for banking purposes, issuing bank notes or any kind of paper credits to circulate as money, after the first day of January, one thousand eight hundred and fifty, shall be individually responsible to the amount of their respective share or shares of stock in any such corporation or association, for all its debts and liabilities of every kind, contracted after the said first day of January, one thousand eight hundred and fifty.
Sec. 8. In case of the insolvency of any bank or banking association, the bill- holders thereof shall be entitled to preference in payment, over all other creditors of such bank or association.
Sec. 9. It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assess- ment, borrowing money, contracting debts and loaning their credit, so as to pre- vent abuses in assessments, and in contracting debts by such municipal corpora- tions.
ARTICLE IX.
Sec. 1. The capital of the Common School Fund ; the capital of the Literature Fund, and the capital of the United States Deposit Fund, shall be respectively pre- served inviolate. The revenue of the said Common School Fund shall be applied to the support of common schools ; the revenues of the said Literature Fund shall be applied to the support of academies, and the sum of twenty-five thousand dol- lars of the revenues of the United States Deposit Fund shall each year be appro- priated to and made a part of the capital of the said Common School Fund.
ARTICLE X.
Scc. 1. Sheriff's, clerks of counties, including the register and clerk of the city and county of New York, coroners, and district attorneys, shall be chosen, by the electors of the respective counties, once in every three years, and as often as vacan- cies shall happen. Sheriff's shall hold no other office, and be ineligible for the next three years after the termination of their offices. They may be required by law, to renew their security, from time to time ; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never he made responsible for the acts of the sheriff.
The Governor may remove any officer, in this section mentioned, within the term for which he shall have been elected ; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defence.
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Sec. 2. All county officers whose election or appointment is not provided for, by this Constitution, shall be elected by the electors of the respective counties, or appointed by the boards of supervisors, or othes county authorities, as the Legisla- ture shall direct. All city, town and village officers, whose election or appoint- ment is not provided for by this Constitution, shall be elected by the electors, of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose. All other officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct.
Sec. 3. When the duration of any office, is not provided by this Constitution, it may be declared by law, and if not so declared, such office shall be held, during the pleasure of the authority making the appointment.
Sec. 4. The time of electing all officers named in this article shall be prescribed by law.
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