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ARTICLE SIX

OF THE

CONSTITUTION.

SECTION 1.-IMPEACHMENT. 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 pres ident of the senate, the senators, or a major part of them, and the judges of the court of appeals, or a major part of them. On the trial of an impeachment against the 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 evidence; and no person shall be convicted without the concurrence of two-thirds of the members pres ent. 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 impeached shall be liable to indictment and punishment according to law.

2.-COURT OF APPEALS. There shall be a court of appeals, composed of a chief judge and six associate judges, who shall be chosen by the electors of the state, and shall hold their office for the term of fourteen years from and including the first day of January next after their election. At the first election of judges under this constitution, every elector may vote for the chief and only four of the associate judges. Any five members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court shall have the appointment, with the power of removal, of its reporter and clerk, and of such attendants as may be necessary.

3.-VACANCIES. When a vacancy shall occur, otherwise than by expiration of term, in the office of the 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, the governor alone, may appoint to fill such vacancy. 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 ap pointment 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.

4.-CAUSES PENDING IN COURT OF APPEALS. Upon the organization of the court of appeals under this article, the causes then pending in the present court of appeals shall become vested in the court of appeals hereby established. Such of said causes as are pending on the first day of January, 1869, shall be heard and 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.

? 5.-COMMISSIONERS. 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 sen. ate is not in session, by the governor; but, in that case, the appointment shall expire at the end of the next session. The commissioners shall appoint from their number a chief commissioner; and may ap point and remove such attendants as may be neces sary. 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 com. mitted to it are determined, but not exceeding three years, and all causes then undetermined shall be heard by the court of appeals.

6.-SUPREME COURT. 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 their successors. The existing judicial districts of the state are 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. The legislature may alter the districts, without increasing the number, once after every enumeration, under this constitution, of the inhabitants of the state.

27.-GENERAL TERMS. 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, provisions may 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 term of office. Provision shall be made by law for holding the general terms in each judicial district. Any justice of the supreme court may

hold special terms and circuit courts, and may pre side in courts of oyer and terminer, in any county.

S.-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 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 equity that they have heretofore exercised.

29.-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.

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.-REMOVALS. Judges of the court of appeals, and justices of the supreme court, may be removed

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