of appeals.

Commissioners determined by a commission, to be composed of five commissioners of appeals, four of whom shall be necessary to constitute a quorum. But the court of appeals hereby established may order any of said causes to be heard therein. Such commission shall be composed of the judges of the present court of appeals, elected or appointed thereto, and a fifth commissioner who shall be appointed by the governor by and with the advice and consent of the Senate; or if the Senate be not in session, by the governor; but in such case, the appointment shall expire at the end of the next session.

How appointed.

Filling vacancies.

Reporter.

Decisions.

Limitation.

Supreme court.

SEC. 5. If any vacancy shall occur in the office of the said commissioners, it shall be filled by appointment by the governor by and with the advice and consent of the Senate; or if the Senate is not in session, by the governor; but in such case, the appointment shall expire at the end of the next session. The commissioners shall appoint, from their number, a chief commissioner; and may appoint and remove such attendants as may be necessary. The reporter of the court of appeals shall be the reporter of said commission. The decisions of the commission shall be certified to, and entered and enforced, as the judgments of the court of appeals. The commission shall continue until the causes committed to it are determined, but not exceeding three years; and all causes then undetermined shall be heard by the court of appeals.

SEC. 6. There shall be the existing supreme court, with general jurisdiction in law and equity, subject to such appellate jurisdiction of the court of appeals as now is or may be prescribed by law; and it shall be composed of the justices now in office, who shall be continued during their respective terms, and of Existing districts continued, their successors. The existing judicial districts of the State are

Number of justices in each.

continued until changed pursuant to this section. Five of the justices shall reside in the district in which is the city of New York, and four in each of the other districts.

SEC. 3. There shall be a supreme court having general juris- Supreme court. diction in law and equity.

SEC. 4. The State shall be divided into eight judicial districts, of which the city of New York shall be one; the others to be bounded by county lines and to be compact and equal in population as nearly as may be. There shall be four justices of the supreme court in each district, and as many more in the district composed of the city of New York, as may from time to time be authorized by law, but not to exceed in the whole such number in proportion to its population, as shall be in conformity with the number of such judges in the residue of the State in proportion to its population. They shall be classified so that one of the justices of each district shall go out of office at the end of every two years. After the expiration of their terms under such classification, the term of their office shall be eight years.

State to be divided into districts.

Number of

justices in each.

Justices to be classified.

of

Reorganization The Legislature may alter the districts, without increasing judicial districts. the number, once after every enumeration, under this constitution, of the inhabitants of the State.

Presiding judge of supreme court.

SEC. 7. At the first session of the Legislature, after the adoption of this article, and from time to time thereafter as may be necessary, but not oftener than once in five years, provision shall be made for organizing, in the supreme court, not more than four general terms thereof, each to be composed of a presiding justice and not more than three other justices, who shall be designated, according to law, from the whole number of justices. Each presiding justice shall continue to act as such during his General term. term of office. Provision shall be made by law for holding the general terms in each judicial district. Any justice of the sucircuits, and oyer preme courts may hold special terms and circuit courts, and may preside in courts of oyer and terminer, in any county.

Special terms,

and terminer.

No judge to review his own decision.

SEC. 8. No judge or justice shall sit, at a general term of any court, 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 may be altered.' the jurisdiction and proceedings in law and equity as they have heretofore exercised.

Testimony in equity cases.

Jurisdiction, &c.,

Vacancy in supreme courthow filled.

SEC. 9. 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 any 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 appoint to fill such vacancy. Any such appointment shall continue until and including the last day of December next after the election at which the vacancy shall be filled.

of

SEC. 16. The Legislature may reorganize the judicial districts Reorganization at the first session after the return of every enumeration under judicial districts. this constitution, in the manner provided for in the fourth section of this article, and at no other time; and they may, at such session, increase or diminish the number of districts, but such increase 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.

of supreme court.

SEC. 6. Provision may be made by law for designating from Presiding judge 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 desig- General term. nated 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 circuits, and oyer oyer and terminer in any county.

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.

Special terms,

and terminer.

Classification of terms of court to

justices and

be provided for by law.

SEC. 10. The testimony in equity cases shall be taken in like Testimony in manner as in cases at law.

equity cases.

Jurisdiction, &c.,

SEC. 5. The Legislature shall have the same powers to alter and regulate the jurisdiction and proceedings in law and equity may be altered. as they have heretofore possessed.

of appeals, &c.,

office.

Judges of court SEC. 10. The judges of the court of appeals, and the justices to hold no other of the supreme court, shall not hold any other office of 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.

Removal of justices of su

appeals.

Removal of other

SEC. 11. Judges of the court of appeals, and justices of the preme court, and supreme court, may be removed by concurrent resolution of both judges of court of houses of the Legislature, if two-thirds of all the members elected to each house concur therein. All judicial officers, except judicial officers. those mentioned in this section, and except justices of the peace and judges and justices of inferior courts not of record, may be removed by the Senate, on the recommendation of the governor, if two-thirds of all the members elected to the Senate concur therein. But no removal shall be made, by virtue of this section, unless the cause thereof be entered on the journals, nor unless the party complained of shall have been served with a copy of the charges against him, and shall have had an opportunity of being heard. On the question of removal the yeas and nays shall be entered on the journal.

Superior court and common

pleas continued.

pose such courts.

SEC. 12. The superior court of the city of New York, the court of common pleas for the city and county of New York, the superior court of Buffalo, and the city court of Brooklyn, are continued with the powers and jurisdiction they now severally have, and such further civil and criminal jurisdiction as may be conferred by law. The superior court of New York shall be Who shall com- composed of the six judges in office at the adoption of this article and their successors; the court of common pleas of New York, of the three judges then in office, and their successors, and three additional judges; the superior court of Buffalo, of the judges now in office and their successors; and the city court of Brooklyn, of such number of judges, not exceeding three, as may be provided by law. The judges of said courts, in office at the adoption of this article, are continued until the expiration of their terms. A chief judge shall be appointed by the judges of each of said courts, from their own number, who shall act as such during his official term. Vacancies in the office of the judges named in this Vacancies-how section, occurring otherwise than by expiration of term, shall be filled in the same manner as vacancies in the supreme court.

Chief judges.

filled.