Jurisdiction

of suits.

Chancellor

court.

seven, as may be prescribed by law. The said courts shall respectively enter upon their duties, on the first Monday of July, next thereafter; but the term of office of said judges, clerk and justices as declared by this Constitution, shall be deemed to commence on the first day of January, one thousand eight hundred and fortyeight.

Section 5. On the first Monday of July, one thousand eight hundred and forty-seven, jurisdiction of all suits and proceedings then pending in the present supreme court and court of chancery, and all suits and proceedings originally commenced and then pending in any court of common pleas, (except in the city and county of New-York,) shall become vested in the supreme court hereby established. Proceedings pending in courts of common pleas and in suits originally commenced in justices' courts, shall be transferred to the county courts provided for in this Constitution, in such manner and form and under such regulations as shall be provided by law. The courts of oyer and terminer hereby established shall, in their respective counties, have jurisdiction, on and after the day last mentioned, of all indictments and proceedings then pending in the present courts of oyer and terminer, and also of all indictments and proceedings then pending in the present courts of general sessions of the peace, except in the city of New-York, and except in cases of which the courts of sessions hereby established may lawfully take cognizance; and of such indictments and proceedings as the courts of sessions hereby established shall have jurisdiction on and after the day last mentioned.

Section 6. The chancellor and the present supreme and supreme court shall, respectively, have power to hear and determine any of such suits and proceedings ready on the first Monday of July, one thousand eight hundred and forty-seven, for hearing or decision, and shall, for their services therein, be entitled to their present rates of compensation, until the first day of July, one thousand eight hundred and forty-eight, or until all such suits and proceedings shall be sooner heard and determined.

Masters in chancery may continue to exercise the Masters in functions of their offices in the court of chancery, so chancery. long as the chancellor shall continue to exercise the functions of his office under the provisions of this Constitution. And the supreme court hereby established, shall also have power to hear and determine such of said suits and proceedings as may be prescribed by law.

Chancellor,

Section 7. In case any vacancy shall occur in the Vacancy in office of chancellor or justice of the present supreme office of court, previously to the first day of July, one thousand or Justice of eight hundred and forty-eight, the Governor may nomi- Supreme nate, and by and with the advice and consent of the Court, how Senate, appoint a proper person to fill such vacancy. Any judge of the court of appeals or justice of the supreme court, elected under this Constitution, may receive and hold such appointment.

filled.

abolished.

Section 8. The offices of chancellor, justices of the Offices existing supreme court, circuit judge, vice-chancellor, assistant vice-chancellor, judge of the existing county courts of each county, supreme court commissioner, master in chancery, examiner in chancery, and surrogate, (except as herein otherwise provided,) are abolished from and after the first Monday of July, one thousand eight hundred and forty-seven (1847).

Section 9. The chancellor, the justices of the present Chancellor supreme court, and the circuit judges are hereby de- and Justices of present su clared to be severally eligible to any office at the first preme court election under this Constitution.

eligible.

of term.

Section 10. Sheriffs, clerks of counties, (including the Officers to register and clerk of the city and county of New-York,) hold until and justices of the peace and coroners, in office when expiration this Constitution shall take effect, shall hold their respective offices until the expiration of the term for which they were respectively elected.

ceive fees,

Section 11. Judicial officers in office when this Con- Judicial offistitution shall take effect, may continue to receive such cers may refees and perquisites of office as are now authorized by law, until the first day of July, one thousand eight hundred and forty-seven, notwithstanding the provisions

Local courts to remain until, &c.

Constitution

goes into operation.

of the twentieth section of the sixth article of this Con stitution.

Section 12. All local courts established in any city or village, including the superior court, common pleas, sessions and surrogate's courts of the city and county of New-York, shall remain until otherwise directed by the Legislature, with their present powers and jurisdiction; and the judges of such courts and any clerks thereof in office on the first day of January, one thousand eight hundred and forty-seven, shall continue in office until the expiration of their terms of office, or until the Legislature shall otherwise direct.

Section 13. This Constitution shall be in force from and including the first day of January, one thousand eight hundred and forty-seven, except as is herein otherwise provided.

DONE, in Convention, at the Capitol in the City of Albany, the ninth day of October, in the year one thousand eight hundred and forty-six, and of the Independence of the United States of America the seventy-first.

In witness whereof, we have hereunto subscribed our names.

JAMES F. STARBUCK,

H. W. STRONG,

FR. SEGER,

JOHN TRACY, President, and Delegate from the County of Chenango

Secretaries.

AMENDMENT TO THE CONSTITUTION OF THE STATE OF NEW-YORK.

[The following amendment to the Constitution was proposed by the Legislature in 1853, referred to the Legislature of 1854, agreed to by two-thirds of the members elected to each house of that Legislature, submitted to the people, and approved and ratified at an election held on the 14th day of February, 1854.]

Substitute for Section Three of Article Seven, the following:

After paying the said expenses of collection, super intendence and repairs of the canals, and the sums appropriated by the first and second sections of this article, there shall be appropriated and set apart in each fiscal year, out of the surplus revenues of the canals, as a sinking fund, a sum sufficient to pay the interest as it falls due, and extinguish the principal within eighteen years, of any loan made under this section; and if the said sinking fund shall not be sufficient to redeem any part of the principal at the stipulated times of payment, or to pay any part of the interest of such loans as stipulated, the means to satisfy any such deficiency shall be procured on the credit of the said sinking fund. After complying with the foregoing provisions, there shall be paid annually out of said revenues, into the treasury of the state, two hundred thousand dollars, to defray the necessary expenses of government. The remainder shall, in each fiscal year, be applied to meet appropriations for the enlargement and completion of the canals mentioned in this section, until the said canals shall be completed. In each fiscal year thereafter the remainder shall be dis

posed of in such manner as the Legislature may direct; but shall at no time be anticipated or pledged for more than one year in advance. The Legislature shall annually, during the next four years, appropriate to the enlargement of the Erie, the Oswego, the Cayuga and Seneca canals, and to the completion of the Black River and Genesee Valley canals, and for the enlargement of the locks of the Champlain canal, whenever from dilapidation or decay it shall be necessary to rebuild them, a sum not exceeding two millions two hundred and fifty thousand dollars. The remainder of the revenues of the canals, for the current fiscal year in which such appropriation is made, shall be applied to meet such appropriation; and if the same shall be deemed insufficient, the Legislature shall, at the same session, provide for the deficiency by loan. The Legis lature shall also borrow one million and five hundred thousand dollars, to refund to the holders of the canal revenue certificates issued under the provisions of chapter four hundred and eighty-five of the Laws of the year one thousand eight hundred and fifty-one, the amount received into the treasury thereon; but no interest, to accrue after July first, one thousand eight hundred and fifty-five, shall be paid on such certifi cates. The provisions of section twelve of this article, requiring every law for borrowing money to be submitted to the people, shall not apply to the loans authorized by this section. No part of the revenues of the canals, or of the funds borrowed under this section, shall be paid or applied upon or in consequence of any alleged contract made under chapter four hundred and eighty-five of the Laws of the year one thou sand eight hundred and fifty-one, except to pay for work done or materials furnished prior to the first day of June, one thousand eight hundred and fifty-two The rates of toll on persons and property transported on the canals shall not be reduced below those for the year one thousand eight hundred and fifty-two, except