Изображения страниц

Officers to be ap


their nominations, the person so nominated shall be appointed to the office for which he shall be nomi. nated. If they shall disagree, the appointment shall be made by the joint ballot of the senators and mem

bers of assembly. The treasurer shall be chosen Terms of office. annually. The secretary of state, comptroller, at

torney-general, surveyor-general, and commissarygeneral, shall hold their offices for three years, unless sooner removed by concurrent resolution of the senate and assembly.

Sec. VII. The governor shall nominate, by mespointed by governor and se- sage, in writing, and with the consent of the senate,

shall appoint all judicial officers, except justices of Justices of peace the peace, who shall be appointed in manner follow

ing, that is to say: The board of supervisors in every county in this state, shall, at such times as the legislature may direct, meet together: and they or a majority of them so assembled, shall nominate so many persons as shall be equal to the number of justices of the peace to be appointed in the several towns in the respective counties. And the judges of the respective county courts, or a majority of them, shall also meet and nominate a like number of persons: and it shall be the duty of the said boards of supervisors, and judges of county courts, to compare such nominations, at such time and place as the legislature may direct; and if, on such comparison, the said boards of supervisors and judges of county courts shall agree in their nominations, in all or in part, they shall file a certificate of the nominations in which they shall agree in the office of the clerk of the county; and the person or persons named in such certificates shall be justices of the peace; and in case of disagreement in whole or in part, it shall be the further duty of the said boards of supervisors and judges, respectively, to transmit their said nominations, so far as they disagree in the same, to the governor, who shall select from the said nominations, and appoint so many justices of the peace as shall be requisite to fill the va.

of counties, and

of New York.

cancies. Every person appointed a justice of the Term of office peace shall hold his office for four years, unless removed by the county court, for causes particularly assigned by the judges of the said court.

And no justice of the peace shall be removed, until he shall have notice of the charges made against him, and an opportunity of being heard in his defence.

SEC. VIII. Sheriffs, and clerks of counties, includ. Sheriffs, clerks ing the register, and clerks of the city and county of register and clerk New York, shall be chosen by the electors of the respective counties, once in every three years, and as often as vacancies shall happen. Sheriffs 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 be made responsible for the acts of the sheriff. And the governor may remove any such sheriff, clerk, or register, at any time within Sheriffs, how re the three years for which he shall be elected, giving to such sheriff, clerk, or register, a copy of the charge against him, and an opportunity of being heard in his defence before any removal be made.

Sec. IX. The clerks of courts, except those clerks Clerks of courts whose appointment is provided for in the preceding torney. section, shall be appointed by the courts of which they respectively are clerks; and district attorneys, by the county courts. Clerks of courts, and district attorneys, shall hold their offices for three years, unless sooner removed by the courts appointing them.

Sec. X. The mayors of all the cities in this Mayors. state shall be appointed annually by the common councils of their respective cities.

Sec. XI. So many coroners as the legislature may direct, not exceeding four in each county, shall be elected in the same manner as sheriffs, and shall hold their offices for the same term, and be removable in like manner.



Chancery offi


Clerks of oyer and terminer in New York.

Justices and clerks in N. Y.

Sec. XII. The governor shall nominate, and, with the consent of the senate, appoint masters and examiners in chancery ; who shall hold their offices for three years, unless sooner removed by the senate, on the recommendation of the governor. The registers, and assisting-registers, shall be appointed by the chancel. lor, and hold their offices during his pleasure.

Sec. XIII. The clerk of the courts of oyer and terminer, and general sessions of the peace, in and for the city and county of New York, shall be appointed by the court of general sessions of the peace in said city, and hold his office during the pleasure of the said court; and such clerks and other officers of courts, whose appointment is not herein provided for, shall be appointed by the several courts; or by the governor, with the consent of the senate, as may be directed by law.

Sec. XIV. The special justices, and the assistantjustices, and their clerks, in the city of New York, shall be appointed by the common council of this said city ; and shall hold their offices for the same term that the justices of the peace, in the other coun. ties in the state, hold their offices, and shall be removable in like manner.

Sec. XV. All officers heretofore elective by the people shall continue to be elected ; and all other officers whose appointment is not provided for by this constitution, and all officers, whose offices may be hereafter created by law, shall be elected by the people, or appointed as may by law be directed.

Sec. XVI. Where the duration of any office is not prescribed 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.

Officers how chosen.

Duration of office.

Court of impeachments and correction of errors.

ARTICLE FIFTH., Sec. I. The court for the trial of impeachments and the correction of errors, shall consist of the president of the senate, the senators, the chancellors, and the justices of the supreme court, or the major part of them: but when an impeachment shall be prosecuted against the chancellor, or any justice of the supreme court, the person so impeached shall be suspended from exercising his office, until his acquittal : and when an appeal from a decree in chancery shall be heard, the chancellor shall inform the court of the reasons for his decree, but shall have no voice in the final sentence; and when a writ of error shall be brought on a judgment of the supreme court, the justices of that court shall assign the reasons for their judgment, but shall not have a voice for its affirmance or reversal.

Sec. II. The assembly shall have the power of Power of imimpeaching all civil officers of this state for mal and corrupt practices in office, and high crimes and misdemeanors : but a majority of all the members elected shall concur in an impeachment. Before the trial of an impeachment, the members of the court shall take an oath or affirmation, truly and impartially to try and determine the charge in question, according to 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 the removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under this state; but the party convicted shall be liable to indictment and punishment, according to law.

Sec. III. The chancellor, and justices of the Chancellor, &c. supreme court, shall hold their offices during good behavior, or until they shall attain the age of sixty years.

Sec. IV. The supreme court shall consist of a Supreme court. chief justice and two justices, any of whom may hold the court.

Sec. V. The state shall be divided, by law, into a District



and circuit judges.

convenient number of circuits, not less than four, nor exceeding eight, subject to alteration by the legislature, from time to time, as the public good may require ; for each of which a circuit judge shall be appointed, in the same manner, and hold his office by the same tenure, as the justices of the supreme court; and who shall possess the powers of a justice of the supreme court at chambers, and in the trial of issues joined in the supreme court, and in courts of oyer

and terminer and jail delivery. And such equity powers may be vested in the said circuit judges, or in the county courts, or in such other subordinate courts, as the legislature may by law direct, subject to the ap

pellate jurisdiction of the chancellor. Judges of county Sec. VI. Judges of the county courts, and record

ers of cities, shall hold their offices for five years, but may be removed by the senate, on the recommendation of the governor, for causes to be stated in the recommendation.

Sec. VII. Neither the chancellor, nor justices of judges to hold any other office. the supreme court, nor any circuit judges, shall hold

any other office or public trust. All votes for any elective office, given by the legislature or the people, for the chancellor, or a justice of the supreme court, or circuit judge, during his continuance in his judicial office, shall be void.


Chancellor nor

Oath of office prescribed.

ARTICLE SIXTH. Sec. I. Members of the legislature, and all officers, executive and judicial, except such inferior officers as may by law be exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation :

I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the state of New York, and that I will faithfully discharge the duties of the office of according to the best of my ability.

« ПредыдущаяПродолжить »