Page:New York Constitution of 1846.pdf/24

 and proceedings as may be prescribed by law.

§ 7. [Governor to fill vacancies.]—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 fortyeight, the governor may nominate, amid 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. § 8. [Certain judicial offices abolished.]—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).

§ 9. [Incumbents of abolished offices eligible to new office.]—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. § 10. [County officers to continue until expiration of term.]—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.

§ 11. [Judicial officers may continue to receive certain fees.]—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.

§ 12. [Local courts continued.]—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.

§ 13. [When Constitution to take effect.]—This Constitution shall be in force from and including the first day of January, one thousand eight hundred and forty-seven, except as 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.