ADOPTED IN 1894, WHICH TOOK EFFECT JANUARY 1, 1895. ARTICLE I. § 18. The right of action now existing to recover damages for injuries resulting in death, shall never be abrogated; and the amount recoverable shall not be subject to any statutory limitation. JUDICIARY. ARTICLE VI. of Supreme justices. §1. The Supreme Court is continued with general jurisdiction in Jurisdiction law and equity, subject to such appellate jurisdiction of the Court of Court. Appeals as now is or may be prescribed by law not inconsistent with this article. The existing judicial districts of the State are continued until changed as hereinafter provided. The Supreme Court shall Number of consist of the Justices now in office, and of the Judges transferred thereto by the fifth section of this article, all of whom shall continue to be Justices of the Supreme Court during their respective terms, and of twelve additional Justices who shall reside in and be chosen by the electors of the several existing judicial districts, three in the first district, three in the second, and one in each of the other districts; and of their successors. The successors of said Justices shall be chosen by the electors of their respective judicial districts. The Judicial dis Legislature may alter the judicial districts once after every enumeraton under the Constitution, of the inhabitants of the State, and thereupon reapportion the Justices to be thereafter elected in the districts so altered. (New) Amendment of Convention of 1894, ratified Nov. 6, 1894. tricts. to forin ju partments. §2. The Legislature shall divide the State into four judicial depart- Legislature ments. The first department shall consist of the county of New dicial deYork; the others shall be bounded by county lines, and be compact and equal in population as nearly as may be. Once every ten years the Legislature may alter the judicial departments, but without increasing the number thereof. Division of preme There shall be an appellate division of the Supreme Court, consist-Appellate ing of seven justices in the first department, and of five justices in the su each of the other departments. In each department four shall con- Court. stitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five justices shall sit in any case. Judges of how desig- 1 Justices of From all the justices elected to the Supreme Court the Gover shall designate those who shall constitute the Appellate Division each department; and he shall designate the presiding justice ther who shall act as such during his term of office, and shall be a resid of the department. The other justices shall be designated for te of five years, or the unexpired portions of their respective term. office, if less than five years. From time to time as the terms of = designations expire, or vacancies occur, he shall make new desig tions. He may also make temporary designations in case of the sence or inability to act, of any justice in the Appellate Division. majority of the justices designated to sit in the Appellate Division each department shall be residents of the department. Whenever Appellate Division in any department shall be unable to dispose of business within a reasonable time, a majority of the presiding just of the several departments at a meeting called by the presiding jus of the department in arrears may transfer any pending appeals f such department to any other department for hearing and determi tion. No justice of the Appellate Division shall exercise any of powers of a justice of the Supreme Court, other than those of a tice out of court, and those pertaining to the Appellate Division o the hearing and decision of motions submitted by consent of coun From and after the last day of December, one thousand eight h dred and ninety-five, the Appellate Division shall have the juris tion now exercised by the Supreme Court at its General Terms, by the General Terms of the Court of Common Pleas for the City County of New York, the Superior Court of the City of New Yo the Superior Court of Buffalo and the City Court of Brooklyn, such additional jurisdiction as may be conferred by the Legislatu It shall have power to appoint and remove a reporter. The justices of the Appellate Division in each department sl Division to have power to fix the times and places for holding special and t and place terms therein, and to assign the justices in the departments to h for Special and Trial such terms; or to make rules therefor. fix times Terms. Judges not to sit in re tain cases. (New.) Amendment of Convention of 1894, ratified Nov. 6, 1894. § 3. No judge or justice shall sit in the Appellate Division or in view in cer- Court of Appeals in review of a decision made by him or by any co of which he was at the time a sitting member. The testimony equity cases shall be taken in like manner as in cases at law; and, cept as herein otherwise providel, the Legislature shall have the sa power to alter and regulate the jurisdiction and proceedings in and in equity that it has heretofore exercised. Amendment in Italics. This was practically $8, Art, VI, and was amended as indicated, and made justices Court. The official terms of the justices of the Supreme Court shall Terms of be fourteen years from and including the first day of January next of Supreme after their election. When a vacancy shall occur otherwise than by expiration of term in the office of justice of the Supreme Court the ime shall be filled for a full term, at the next general election, happening not less than three months after such vacancy occurs; and, ntil the vacancy shall be so filled, the Governor by and with the alrice and consent of the Senate, if the Senate shall be in session, or if not in session the Governor, may fill such vacancy by appointment, which shall continue until and including the last day of December next after the election at which the vacancy shall be filled. Amendment of Convention of 1894; ratified Nov. 6, 1894. abolished §3. The Superior Court of the City of New York, the Court of Courts Common Pleas for the City and County of New York, the Superior Court of Buffalo, and the City Court of Brooklyn, are abolished from and after the first day of January, one thousand eight hundred and ninety-six, and thereupon the seals, records, papers and documents of or belonging to such courts, shall be deposited in the offices of the clerks of the several counties in which said courts now exist; and all actions and proceedings then pending in such courts shall be transferred to the Supreme Court for hearing and determination. The jalzes of said courts in office on the first day of January, one thouand eight hundred and ninety-six, shall, for the remainder of the rms for which they were elected or appointed, be justices of the Spreme Court; but they shall sit only in the counties in which they were elected or appointed. Their salaries shall be paid by the said anties respectively, and shall be the same as the salaries of the other Justices of the Supreme Court residing in the same counties. Their successors shall be elected as justices of the Supreme Court by the electors of the judicial districts in which they respectively reside. The jurisdiction now exercised by the several courts hereby abolished, shall be vested in the Supreme Court. Appeals from inferor and boleoarts now heard in the Court of Common Pleas for the City and County of New York and the Superior Court of Buffalo, shall be hed in the Supreme Court in such manner and by such justice or jesties as the Appellate Divisions in the respective departments which ...ude New York and Buffalo shall direct, unless otherwise provided ty te Legislature. Amendment of Convention of 1894, ratified Nov. 6, 1894. courts and Oyer and abolished. 6. Circuit Courts and Courts of Oyer and Terminer are abolished Circuit from and after the last day of December, one thousand eight hun- courts of dred and ninety-five. All their jurisdiction shall thereupon be vested Terminer in the Supreme Court, and all actions and proceedings then pending in such courts shall be transferred to the Supreme Court for Court of Vacancies Appeals. cept as otherwise provided in this article, may hold court in county. (New.) Amendment of Convention of 1894, ratified Nov. 6, 1894. § 7. The Court of Appeals is continued. It shall consist of chief judge and associate judges now in office, who shall hold th offices until the expiration of their respective terms, and their cessors, who shall be chosen by the electors of the State. The offi terms of the chief judge and associate judges shall be fourteen yo from and including the first day of January next after their electi Five members of the court shall form a quorum, and the concurre of four shall be necessary to a decision. The court shall have po to appoint and to remove its reporter, clerk and attendants. Amendment of Convention of 1894, ratified Nov. 6, 1894. This section formerly embodied in part in § 2, Art VI. in Court of § 8. When a vacancy shall occur otherwise than by expiration term, in the office of chief or associate judge of the Court of peals, the same shall be filled, for a full term, at the next gen election happening not less than three months after such vaca occurs; and until the vacancy shall be so filled, the Governor, by with the advice and consent of the Senate, if the Senate shall be session, or if not in session the Governor may fill such vacancy by pointment. If any such appointment of chief judge shall be m from among the associate judges, a temporary appointment of a ciate judge shall be made in like manner; but in such case, the per appointed chief judge shall not be deemed to vacate his office of sociate judge any longer than until the expiration of his appointm as chief judge. The powers and jurisdiction of the court shall no suspended for want of appointment or election, when the numbe judges is sufficient to constitute a quorum. All appointments u this section shall continue until and including the last day of Dec ber next after the election at which the vacancy shall be filled. Amendment in Italics. of Court of Appeals. This was practically former § 3, Art. VI, and was slightly amended and 1 § 8, Art. VI, by Convention of 1894; ratified Nov. 6, 1894. Jurisdiction § 9. After the last day of December, one thousand eight hund and ninety-five, the jurisdiction of the Court of Appeals, except w the judgment is of death, shall be limited to the review of quest of law. No unanimous decision of the Appellate Division of Supreme Court that there is evidence supporting or tending to sus a finding of fact or a verdict not directed by the court, shall be viewed by the Court of Appeals. Except where the judgment i death, appeals may be taken as of right, to said court only from jɩ ments or orders entered upon decisions of the Appellate Divisio the Supreme Court, finally determining actions or special proceedi: and from orders granting new trials on exceptions, where the appell stipulate that upon affirmance judgment absolute shall be rendered against them. The Appellate Division in any department may, however, allow an appeal upon any question of law which, in its opinion, ought to be reviewed by the Court of Appeals. The Legislature may farther restrict the jurisdiction of the Court of Appeals and the right of appeal thereto, but the right to appeal shall not depend upon the amount involved. The provisions of this section shall not apply to orders made or judgments rendered by any General Term before the last day of December, one thousand eight hundred and ninety-five, but appeals therefrom may be taken under existing provisions of law. (New.) Amendment of Convention of 1894; ratified, Nov. 6 1894. hold no 10. The judges of the Court of Appeals and the justices of the Judges to Supreme Court shall not hold any other office or public trust. All other votes for any of them, for any other than a judicial office, given the Legislature or the people, shall be void. by This provision does not extend to mere extension of jurisdiction; Striker vKey, 7 Hill, 9; Beekman's Case, 11 Abb. Pr. 164; nor to a case where a judge ard two others were appointed by the Legislature as appraisers to fix a value on certain historical relics bought by the State; People, ex rel. Washington, v. Nich da, 52 N. Y. 478; nor to a special transient exigency; Matter of Hathaway, 71 N. Y. 239; nor to a case where the presiding justices of the Supreme Court and others are appointed to designate a law journal in which certain matters shall be published; Daily Reg. Printing Co. v. Mayor, etc., 52 Hun, 542. office. 11. Judges of the Court of Appeals and justices of the Supreme Removals Court, may be removed by concurrent resolution of both houses of the Legislature, if two-thirds of all the members elected to each house concur therein. All other judicial officers, except justices of the peace and judges or justices of inferior courts not of record, may be removed by the Senate, on the recommendation of the Governor, if two-thirds of all the members elected to the Senate concur therein. Bat no officer shall be removed by virtue of this section except for cause, which shall be entered on the journals, nor unless he shall have been served with a statement of the cause alleged, and shall have had an opportunity to be heard. On the question of removal, the yeas and nays shall be entered on the journal. This was practically former § 11, Art. VI, and was slightly amended by Convention of 1894; ratified Nov. 6, 1894. tion of office. §12. The judges and justices hereinbefore mentioned shall receive compensa for there services a compensation established by law, which shall not judges and be increased or diminished during their official terms, except as pro- justices. vided in section five of this article. No person shall hold the office of Tenure of Judge or justice of any court longer than until and including the last day of December next after he shall be seventy years of age. No julge or justice elected after the first day of January, one thousand eight hundred and ninety-four, shall be entitled to receive any compensation after the last day of December next after he shall be seventy years of age; but the compensation of every judge of the Court of Ap |