court of common pleas for the city and county of New York, shall meet in general session, at the capitol, in the city of Albany, on the first Wednespay in August, 1852, and every two years thereafter, and at such sessions shall revise their general rules and make such amendments thereto, and such further rules not inconsistent with this Code, as may be necessary to carry it into full effect. The rules so made shall govern the supreme court, the superior court of the city of New York, the court of common pleas for the city and county of New York, and the county courts, so far as the same may be applicable.

2471. Until the legislature shall otherwise provide, the second part of this act shall not affect proceedings upon mandamus or prohibition; nor appeals from surrogates' courts, except that the costs on such appeal shall be regulated and allowed in the manner provided in section 318 of this act; nor any special statutory remedy not heretofore obtained by action; nor any existing statutory provisions relating to actions, not inconsistent with this act, and in substance applicable to the actions hereby provided; nor any proceedings provided for by chapter 5 of the second part of the Revised Satutes, or by the sixth and eighth titles of chapter 5 of the third part of those statutes, or by chapter 8 of the same part, excluding the second and twelfth titles thereof, or by the first title of chapter 9 of the same part; except that when, in consequence of any such proceeding, a civil action shall be brought, such action shall be conducted in conformity to this act; and except also, that, where any particular provision of the titles and chapters enumerated in this

section shall be plainly inconsistent with this act, such provision shall be deemed repealed.

In actions or proceedings by mandamus, amendments of any mistakes in the process, pleadings or proceedings therein may be allowed, and shall be made in conformity to the provisions of chapter 6, title 6 [22 160-177] of the second part of the Code of Procedure.

472. Nothing in this act contained shall be taken to repeal section 23 of article 2 of title 5 of chapter 6, part third of the Revised Statutes, or to repeal an act to extend the exemption of household furniture and working tools from distress for rent and sale under execution, passed April 11, 1842.

473. This act shall take effect on the first day of July, 1818, except that sections 22, 23, 24 and 25 shall take effect immediately.

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 president 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.

24.-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 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