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 in such other cases as may be provided by law, and to exercise such other powers in special cases as are or may be provided by law.

This was formerly § 16, Art. VI.

Under these provisions, the legislature has power to authorize a special county judge to make a recognizance. People v. Maine, 20 N. Y. 434; see People v. Townsend, 102 N. Y. 430.

Justices of 17. The electors of the several towns shall, at their annual town the peace. meetings, or at such other time and 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 justices of inferior courts not of record, and their clerks, may be removed for cause, after due notice and an opportunity of being heard, by such courts as are or may be prescribed by law. Justices of the peace and district court justices may be elected in the different cities of this state in such manner, and with such powers, and for such terms, respectively, as are or shall 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 such cities, or appointed by some local authorities thereof.

Inferior local courts.

Clerks of courts.

receive

fees.

This is practically former § 18, Art. VI.

§ 18. Inferior local courts of civil and criminal jurisdiction may be established by the legislature, but no inferior local court hereafter created shall be a court of record. The legislature shall not hereafter confer upon any inferior or local court of its creation, any equity jurisdiction or any greater jurisdiction in other respects than is conferred upon county courts by or under this article. 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. This was formerly § 19, Art. VI.

§ 19. Clerks of the several counties shall be clerks of the supreme court, with such powers and duties as shall be prescribed by law. The justices of the appellate division in each department shall have power to appoint and to remove a clerk who shall keep his office at a place to be designated by said justices. The clerk of the court of appeals shall keep his office at the seat of government. The clerk of the court of appeals and the clerks of the appellate division shall receive compensation to be established by law and paid out of the public treasury.

This was formerly part of § 20, Art. VI.

Certain ju20. No judicial officer, except justices of the peace, shall receive dicial offi- to his own use any fees or perquisites of office; nor shall any judge of cers not to the court of appeals, or justice of the supreme court, or any county judge or surrogate hereafter elected in a county having a population exceeding one hundred and twenty thousand, practice as an attorney or counselor in any court of record in this state, or act as referee. The legislature may impose a similar prohibition upon county judges and surrogates in other counties. No one shall be eligible to the office of judge of the court of appeals, justice of the supreme court,

or, except in the county of Hamilton, to the office of county judge or surrogate, who is not an attorney and counselor of this state.

This was part of § 21, Art. VI, and was made § 20, Art. VI, and amended by Convention of 1894.

tion of

21. The legislature shall provide for the speedy publication of all Publicastatutes, and shall regulate the reporting of the decisions of the courts; statutes but all laws and judicial decisions shall be free for publication by and re

any person.

Part of this section was formerly in § 23, Art. VI.

ports.

8 22. Justices of the peace and other local judicial officers provided Local judifor in sections seventeen and eighteen, in office when this article takes cial officers effect, shall hold their offices until the expiration of their respective office for

terms.

shall hold

rest of their terms

823. Courts of special sessions shall have such jurisdiction of Courts of offenses of the grade of misdemeanors as may be prescribed by law. special sessions, This was formerly § 26, Art. VI, and was made § 23, Art. VI, by Con. vention of 1894.

THE STATUTORY CONSTRUCTION LAW.

CHAPTER 677 OF 1892.

AN ACT relating to the construction of statutes constituting chapter one of the general laws.

Approved by the Governor May 18, 1892. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CHAPTER 1 OF THE GENERAL LAWS.

The Statutory Construction Law.

Section 1. Short title; extent of application.

28. Standard time.

29. Civil and criminal codes.

30. Laws of England and of the colony of New York.

31. Limiting the effect of repealing statutes.

32. Effect of repeal and re-enactment.

1

Section 33. Effect of revision upon laws passed at same session or before revision takes effect.

34. Alterations of titles and head notes.

35. Laws repealed.

36. Time of taking effect.

Section 1. Short title; extent of application.

This chapter shall be known as the statutory construction law, and is applicable to every statute unless its general object, or the context of the language construed, or other provisions of law indicate that a different meaning or application was intended from that required to be given by this chapter.

§ 2. Property.

The term property includes real and personal property.

§ 3. Real property.

The term real property includes real estate, lands, tenements and hereditaments, corporeal and incorporeal.

§ 4. Personal property.

The term personal property includes chattels, money, things in action, and all written instruments themselves, as distinguished from the rights or interests to which they relate, by which any right, interest. lien or incumbrance in, to or upon property, or any debt or financial obligation is created, acknowledged, evidenced, transferred, discharged or defeated, wholly or in part, and everything, except real property, which may be the subject of ownership. The term chattels includes goods and chattels.

§ 5. Person.

The term person includes a corporation and a joint-stock association. When used to designate a party whose property may be the subject of any offense, the term person also includes the state, or any other state, government or country which may lawfully own property in the state.

§ 6. Judge.

The term judge includes every judicial officer authorized, alone or with others, to hold or preside over a court of record.

§ 7. Lunacy; idiocy.

The terms lunatic and lunacy include every kind of unsoundness of mind except idiocy.

§ 8. Gender; number; tense.

Words of the masculine gender include the feminine and the neuter, and may refer to a corporation, or to a board or other body or assemblage of persons; and, when the sense so indicates, words of the neuter gender may refer to any gender. The term men includes boys and the term women includes girls.

Words in the singular number include the plural, and in the plura! number include the singular.

Words in the present tense include the future.