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 fortyeight, or until all such suits and proceedings shall be sooner heard and determined. Masters in Chancery may continue to exercise the functions of their office in the Court of Chancery, so 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. SEC. 7. In case any vacancy shall occur in the office of Chancellor or Justice of the present Supreme Court, previously to the first day of July, one thousand eight hundred and forty-eight, the Governor may nominate, and by and with the advice and consent of the 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. SEC. 8. The offices of Chancellor, Justice of the 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.) SEC. 9. The Chancellor, the Justices of the present Supreme Court, and the Circuit Judges, are hereby declared to be severally eligible to any office at the first election under this Constitution. SEC. 10. Sheriffs, Clerks of Counties (including the Register and Clerk of the City and County of New York), and Justices of the Peace, and Coroners, in office when this Constitution shall take effect, shall hold their respective offices until the expiration of the term for which they were respectively elected. SEC. 11. Judicial officers in office when this Constitution shall take effect may continue to receive such fees 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 of the twentieth section of the sixth article of this Constitution, SEC. 12. All local courts established in any city or village, including the Superior Court, Common Pleas, Sessions and Surrogates' Courts of the City and County of New York, shall remain, until otherwise directed by the Legislature, with their present powers and jurisdictions; 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. SEC. 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. * ARTICLE XV. SECTION 1. Any person holding office under the laws of this State, who, except in payment of his legal salary, fees or perquisites, shall receive or consent to receive, directly or indirectly, anything of value or of personal advantage, or the promise thereof, for performing or omitting to perform any official act, or with the express or implied understanding that his official action or omission to act is to be in any degree influenced thereby, shall be deemed guilty of a felony. This section shall not affect the validity of any existing statute in relation to the offense of bribery. SEC. 2. Any person who shall offer or promise a bribe to an officer, if it shall be received, shall be deemed guilty of a felony and liable to punishment, except as herein provided. No person offering a bribe shall, upon any prosecution of the officer for receiving such bribe, be privileged from testifying in relation thereto, and he shall not be liable to civil or criminal prosecution therefor, if he shall testify to the giving or offering of such bribe. Any person who shall offer or promise a bribe, if it be rejected by the officer to whom it is tendered, shall be deemed guilty of an attempt to bribe, which is hereby declared to be a felony. SEC. 3. Any person charged with receiving a bribe, or with offering or promising a bribe, shall be permitted to testify in his own behalf in any civil or criminal prosecution therefor. * Article 15, added by vote of the people, Nov. 3, 1874. SEC. 4. Any district attorney who shall fail faithfully to prosecute a person charged with the violation in his county of any provision of this article which may come to his knowledge, shall be removed from office by the Governor, after due notice and an opportunity of being heard in his defense. The expenses which shall be incurred by any county, in investigating and prosecuting any charge of bribery or attempting to bribe any person holding office under the laws of this State, within such county, or of receiving bribes by any such person in said county, shall be a charge against the State, and their payment by the State shall be provided for by law. *ARTICLE XVI. SECTION 1. All amendments to the Constitution shall be in force from and including the first day of January succeeding the election at which the same were adopted, except when otherwise provided by such amendments. 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. JOHN TRACY, President and Delegate from the County of Chenango. JAMES F. STARBUCK, H. W. STRONG, FR. SEGER, Secretaries. *Article 16, added by vote of the people, Nov. 3, 1874. VOTE OF THE PEOPLE UPON THE CONSTITUTION AND ITS AMENDMENTS. Nov. 4, 1845. For a convention to consider and alter Constitution.... Against.... Nov. 3, 1846. For amended Constitution. Against.... Feb. 15, 1854 For amendment of section 3, of 213,257 33,860 221,528 92,436 of canals... 185,771 Against. 60,526 Nov. 6, 1866. For a convention to revise Constitu- Nov. 2, 1869. For the amended Judiciary article.. 247,240 Against..... Nov. 5, 1872. For amendment of article 6, relating .... 223,935 290,456 240,442 to Commission of Appeals.. 176,038 Against..... 9,196 Nov. 3, 1874. For amendment of article 2.. |