not exceed one thousand dollars, and also such | appellate jurisdiction as shall be provided by law, subject however to such provision as shall be made by law for the removal of causes into the supreme court. They shall also have such other original jurisdiction as shall from time to time be conferred on them by the Legislature. The county judge with two justices of the peace, to be desig. nated according to law, may hold courts of sessions, with such criminal jurisdiction as the Leg lature shall prescribe, and he shall perform such other duties, as may be required by law. His salary, and the salary of the surrogate, when elected as a separate officer, shall be established by law, payable out of the county treasury, and shall not be diminished during his term of office. The justices of the peace shall be paid for services in courts of sessions a per diem allowance out of the county treasury. The county judge shall also be surrogate of his county, but in counties having a population exceeding forty thousand, the Legislature may provide for the election of a separate officer to be surrogate, whose term of office shall be the same as that of the county judge. The county judge of any county may preside at courts of sessions or hold county courts in any other county except New York and Kings, when requested by the judge of such, other county.

SEC. 16. The Legislature may, on application of the board of supervisors, provide for the election of local officers, not to exceed two in any county, to discharge 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.

justices of inferior courts, not of record, and their clerks, may be removed after due notice, and an opportunity of being heard by such courts as may be prescribed by law for causes to be assigned in the order of removal. Justices of the peace, and district court justices, shall be elected in the different cities of this State, in such manner and with such powers, and for such terms, respectively, as shail be prescribed by law; all other judicial officers in cities, whose election or appointment is not otherwise provided for in this article, shall be chosen by the electors of cities, or appointed by some local authorities thereof.

SEC. 19. Inferior local courts of civil and criminal jurisdiction may be established by the Legislature; and, except as herein otherwise provided, all judicial officers shall be elected or appointed at such times, and in such manner, as the Legislature may direct.

SEC. 20. Clerks of the several counties shall be clerks of the supreme court, with such powers and duties as shall be prescribed by law. The clerk of the court of appeals shall keep his office at the seat of government. His compensation shall be fixed by law and paid out of the public treasury.

SEC. 21. No judicial officer except justices of the peace shall receive to his own use any fees or perquisites of office; nor shall any judge of the court of appeals, justice of the supreme court, or judge of a court of record in the cities of New York, Brooklyn, or Buffalo, practice as an attorney or counselor in any court of record in this State, or act as referee.

SEC. 22. The Legislature may authorize the judgments, decrees, and decisions of any court of record of original civil jurisdiction, established in a city, to be removed for review, directly into the court of appeals.

SEC. 17. The Legislature shall provide for submitting to the electors of the State at the general election in the year 1873, two questions to be voted upon on separate ballots, as follows: First, "Shall the offices of chief judge and associate SEC. 23. The Legislature shall provide for the judge of the court of appeals and of justice of speedy publication of all statutes, and also for the the supreme court be hereafter filled by appoint- appointment, by justices of the supreme court ment?" If a majority of the votes upon the ques-designated to hold general terms, of a reporter of tion shall be in the affirmative, the said offices the decisions of that court. All laws and judishall not thereafter be elective, but as vacancies cial decisions shall be free for publication by any occur they shall be filled by appointment by the person. 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 he shall nominate to the Senate when next convened, and such appointment by the Governor alone shall expire at the end of that session. Second, "Shall the offices of the judges mentioned in sections 12 and 15 of article IV of the Constitution be hereafter filled by appointment?" If a majority of the votes upon the question shall be in the affirmative, he said offices shall not thereafter be elective, but as vacancies occur they shall be filled in the manner in this section above provided.

SEC. 18. The electors of the several towns shall, at their annual town-meeting, aud 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. Justices of the peace, and judges or

SEC. 24. The first election of judges of the court of appeals, and of the three additional judges of the court of common pleas for the city and county of New York, shall take place on such day between the first Tuesday of April and the second Tuesday in June next after the adoption of this article, as may be provided by law. The court of appeals, the commissioners of appeals, and the additional judges of the said court of common pleas, shall respectively enter upon their duties on the first Monday of July thereafter.

SEC. 25. Surrogates, justices of the peace, and local judicial officers provided for in section sixteen, in office when this article shall take effect, shall hold their respective offices until the expiration of their terms.

SEC. 26. Courts of special sessions shall have such jurisdiction of offenses of the grade of misdemeanors as may be prescribed by law.

SEC. 27. For the relief of surrogates' courts the Legislature may confer upon courts of record in any county, having a population exceeding four

SEC. 3. There shall be in each county a board of supervisors, to be composed of such members, and elected in such manner, and for such SEC. 5. All city, town, and village officers, period, as is or may be provided by law; whose election or appointment is not provided for said boards shall have such powers as are by this Constitution, shall be elected by the elecor may be conferred by law, until revoked tors of such cities, towns and villages, or of or modified by the Legislature; and, subject to some division thereof, or appointed by such aulegislative modfication, shall have exclusive juris-thorities thereof as the Legislature shall desig diction in the following cases:

to $5.642,622.22, the canal enlargement debt, enforced, and not released or compromised, and amounting at the same time to $10,785,000, and the moneys arising from such claims shall be apthe floating debt loan contracted under chapter plied to the payment of said stock, or to repay 271 of the laws of 1859, amounting on the 1st the money which may be advanced to pay the day of October, 1867, to $1,700,000, shall here- same. after be known as the "canal debt," for the payment of which the canal revenues are hereby pledged; and the several sinking funds applicable to the payment of the said debts, together with the contributions to be made thereto and the in-treasury of the State, or funds under its managecome thereof, shall be known, as the "canal debt sinking fund."

SEO. 6. The canals shall not be sold, leased, or otherwise disposed of, and shall remain under the management of the State forever.

SEO. 7. No money shall be paid out of the

ment, except in pursuance of an appropriation by law, nor unless such payment be made within two years after the passage of such appropriation; and every law making, continuing or reviving an appropriation shall specify the sum appropriated and the objects to which it is to be applied, and it shall not be sufficient for such law to refer to any other law for that purpose.

SEC. 2. In each fiscal year, commencing on the first day of October, one thousand eight hundred and sixty-nine, after paying the expenses of collection, superintendence and ordinary repair, there shall be set apart and paid into the canal debt sinking fund, out of the revenues of the canals, the sum of $2,418,000 to pay SEC. 8. The credit of the State shall not be given the interest as it shall become due and redeem or loaned to, or in aid of any individual, corporathe principal of the several debts specified in sec- tion or association. On the final passage in each tion one of this article, until the said several debts house of the Legislature of any act appropriating shall be fully paid or provided for, and the prin- money or property, except for the purposes of cipal and income of said sinking fund shall be government, the question shall be taken by yeas applied to no other purpose. If in any fiscal year and nays, which shall be entered on the journal, there shall not be contributed from said revenues and two-thirds of all the members elected to each the sum of $2,418,000, the deficiency shall be House shall be necessary to pass the same. supplied by taxation the next year. The remain- SEC. 9. The State may, to meet casual deficits ing revenues of the canals in each fiscal year may or failures in revenues, or for unexpected exbe applied by law to the improvement or compenses not provided for, temporarily contract pletion of the canals, but shall at no time be anticipated or pledged; if not so applied they shall be and remain a part of the canal debt sinking fund. The tax authorized to provide for the sinking fund to pay the floating canal debt, shall be suspended after the first day of October, one thousand eight hundred and sixty-eight.

SEC. 3. After the debts specified in section one are paid or provided for, according to the provisions of section two, the revenues of the canals, after paying the expenses of collection, superin. tendence and ordinary repair, shall in each fiscal year be paid into the treasury of the State to pay the amount advanced since one thousand eight hundred and forty-six, for canal purposes by taxation, until the whole amount so advanced, with interest at five per cent per annum, shall be paid, and until any amount hereafter advanced for canal debts or other canal purposes, with interest thereon at five per cent per annum shall be paid; but the moneys so paid into the treasury may from time to time be appropriated by law for the improvement of the canals, or for such other purposes as may be deemed proper. But the said moneys shall not be anticipated or pledged.

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 purposes for which they were obtained, or to repay the debt so contracted, and to no other purpose whatever; and such temporary debts shall in all cases be provided for at the earliest practicable period, and shall be paid within two years after they are contracted.

SEC. 10. The State may also contract debts to repel invasion of the State or of the United States, to suppress insurrection in the State or the United States, or to defend the State or the United States in war; but the money so raised shall be applied to such purpose or to repay such debts, and to no other purpose.

SEC. 11. Except the debts specified in the ninth and tenth sections of this article, no debt shall be contracted by or on behalf of the State, unless it shall be authorized by law for some single work or object to be specified therein; and such law shall provide for a direct annual tar sufficient to pay the interest on such debt as it shall become due; and also to pay the principal of such debt within eighteen years from the SEC. 4. After complying with the provisions time of the contracting thereof. No such law of the second and third sections of this article, shall take effect until it shall have been submitted and after paying said expenses of collection, to the people at a general election, and shall superintendence and ordinary repair, the surplus have received a majority of all the votes revenues of the canals may, in each fiscal year, cast for and against it at such election. On be disposed of for the improvement of the canals, the final passage of such bill in each or for such other purposes as the Legislature may direct, but shall at no time be anticipated or bledg-d.

SEC. 5. 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

house of the Legislature, the question shall be "Shall this bill pass and ought the same to receive the sanction of the people ?" which shall be taken by yeas and nays to be entered on the journal. The Legislature may at any time repeal such law if no debt shall have been contracted in pursuance thereof, and may at any time forbid the

INDEX.

A BOLISHMENT OF COURT OF APPEALS,

Resolution in reference to, 233.

ABOLISHMENT OF OFFICE OF SUPERINTENDENT OF

PUBLIC INSTRUCTION,

Resolution in reference to, 193.

ABOLISHMENT OF OFFICES,

Resolution in reference to, 217, 351.

ABOLISHMENT OF SCHOOL COMMISSIONER,
Petition in reference to, 895.

ABSENTEES,

Resolution in reference to, 412.

Resolution in reference to pay of, 2779.
Resolution requesting information from
Comptroller in reference to compensa-
tion of, 2357.

Resolution requesting Secretary to notify
to attend, 3415, 3416.

Resolution requesting to resign their
seats, 2815.

ACCUSED PERSONS,

Resolution in reference to testimony of,
135, 149.

ACTIVE MILITIA,

Resolution of inquiry to committee on
militia and military officers in reference
to, 145.

ADDRESS OF PRESIDENT,

On taking the chair, 19.

At close of proceedings of Convention,
3950.

ADDRESS TO PEOPLE, SHOWING CHANGES IN CONSTI-

TUTION,

Resolution of instruction to committee on

revision to amend article on organiza-
tion of Legislature in reference to, 3594.
Resolution in reference to, 266, 412, 680,

1919, 1951, 2058, 2098, 2263, 2528, 2529,
2567, 2657, 2659, 2659, 3003, 3788.
ADULTERATION AND SALE OF INTOXICATING LIQUORS,
Committee appointed on, 142.

Committee on, resolution to obtain infor-
mation from, 641, 643.

Debate on report of committee on, 3265 to
3297.

Debate on report of committee on revision
on article, 3666 to 3672.

Report from committee on, 2274.
Resolution to appoint committee on, 12, 793.
Resolution to reconsider motion reconsid-
ering vote rejecting report on, 3624.

AGAN, FRANK,

Appointed messenger, 29.

ALBANY,

Resolution tendering thanks of Conven-
tion to mayor and authorities of, 2660.
Resolution of thanks to mayor and com-
mon council of, 3874, 3913.

Resolution to appoint select committee to ALDERMEN, BOARDS OF,

prepare, 3777, 3865.

Report from committee on, 3916.

ADJOURNMENT,

Debate in reference to, 187, 2655.

ADJOURNMENT TO SARATOGA,

Resolution in reference to, 25, 161, 358.

ADJOURNMENT, FINAL, OF CONVENTION,

Remarks of Mr. Develin on, 3140.

ALIENISM AFFECTING TITLE TO REAL ESTATE,
Remarks of Mr. Livingston on, 3555
Mr. Rumsey on, 3556.
Resolution of instruction to committee on
revision to amend article on preamblo
and bill of rights in reference to, 3555.

Resolution in reference to, 647, 673, 3283, ALIENS, EQUAL RIGHTS OF, TO HOLD REAL ESTATE,

3891
1

Remarks of Mr. Alvord on, 3258.

A delegate from the twelfth senatorial
district, 186, 234, 747, 2885, 3352, 3720.
Appointed member of the committee on ALLEN,
the Governor, Lieutenant-Governor, etc.,
95.

Oath of office taken by, 18.

Petition against abolishing office of re-
gents of university, presented by, 2443.
Petition in favor of abolishing office of
regents of university, presented by,