Justices of the peace; District Court justices

Const. Art. VI, § 17

surrogate, outside the counties of New York and Kings, caused by the death of the incumbent, the election must be for a full term, beginning on the first day of January after the election.

Local judicial officers. § 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 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.

Under this section, the legislature has power to authorize a special county judge to take a recognizance. People v. Main (1859), 20 N. Y. 434.

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Justices of the peace; District Court justices. — § 17. The electors of the several towns shall, at their annual town 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.

Justices of the peace. Legislature cannot provide for election of justices of the peace in any other manner or by any other locality than is prescribed in Constitution. Geraty v. Reid (1879), 78 N. Y. 64. They can be elected only at an "annual town meeting." People ex rel. Smith v. Schiellen (1884), 95 N. Y. 124.

This section does not prevent annexing towns to cities, and in effect ending the term of a justice of the peace. Gertum v. Supervisors of Kings (1888), 109 N. Y. 170.

Legislature may confer powers of justices of the peace of towns upon justices in cities. Ostrander v. People (1882), 29 Hun, 513.

A justice of the peace in a town is a constitutional officer. Eisenberg v. Lape (1907), 52 Misc. 229, 103 N. Y. Supp. 169. His office cannot be abolished, directly or indirectly. People ex rel. Burby v. Howland (1898), 155 N. Y. 270.

The criminal jurisdiction of a justice of the peace may be limited as to a village, and the provision of the General Village Law conferring upon police justices exclusive jurisdiction of misdemeanors in the village, is constitutional. People ex rel. Saloom v. Whitney (1898), 32 App. Div. 144, 52 N. Y. Supp. 695.

See also People ex rel. Ryan v. Supervisors (1898), 155 N. Y. 295. Civil justices of the peace in cities have no jurisdiction beyond the city limits. Tobias v. Perry (1898), 25 Misc. 74, 54 N. Y. Supp. 716.

Police justices. This section does not apply to police justices in New York City, and they may be appointed. Wenzler v. People (1874), 58 N. Y. 516; People v. Morgan (1874), 5 Daly, 161, affd. 58 N. Y. 679. And the legislature may abolish or abridge the tenure of office of a police justice. Coulter v. Murray (1873), 15 Abb. (N. S.) 129. A statute conferring exclusive jurisdiction on the police justice of a town is in violation of this section. People ex rel. Holmes v. Lane (1900), 53 App. Div. 531, 65 N. Y. Supp. 1004.

Removal of justice of Court of Special Sessions. The Appellate Division pursuant to the provision of this section that "justices of the peace and judges or justices of inferior courts not of record

may

be removed for cause," has jurisdiction in the First Department to hear a petition for the removal of a justice of the Court of Special Sessions. Matter of Duel (1906), 112 App. Div. 99, 98 N. Y. Supp. 297.

Inferior local courts.- $ 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 crea

Inferior local courts Const. Art. VI, § 18

tion 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.

The limitation imposed by this section upon the power of the legislature to confer jurisdiction upon inferior local courts relates to the jurisdiction as to subject-matter and not as to territory, non-resident parties defendant, or foreign corporations. Worthington v. London G. & A. Co. (1900), 164 N. Y. 81; Irwin v. Metropolitan St. Ry. Co. (1899), 38 App. Div. 253, 57 N. Y. Supp. 21; Kamtro v. Armstrong (1899), 44 App. Div. 506, 60 N. Y. Supp. 970.

An act establishing within a village a court with inferior and local jurisdiction, although he be named a justice of the peace and is given similar powers, is valid. People ex rel. v. Terry (1888), 108 N. Y. 1; Bocock v. Cochran (1884), 32 Hun, 521.

The Municipal Court of the City of New York is not a new local inferior court within the meaning of this section. Worthington v. London G. & A. Co. (1900), 164 N. Y. 81.

Act creating office of police justice in village is not void as giving too broad territorial jurisdiction. Village of Deposit v. Vail (1875), 5 Hun, 310. An act (L. 1861, ch. 31), creating the office of police justice for a town, which attempts to vest in the police justice exclusive jurisdiction to hear and determine all criminal cases in a town, is unconstitutional; but after eliminating this provision there still remains a court created having concurrent jurisdiction with the justice of the peace in criminal matters only, which neither supersedes nor fulfills the purpose of any constitutional court the creation of which was within the power of the legislature. People ex rel. Slade v. Boyce (1909), 63 Misc. 357, 118 N. Y. Supp. 500.

Legislature has power to confer upon a local inferior court, whatever civil or criminal jurisdiction it deems best, subject to constitutional restriction. Anderson v. Reilly (1876), 66 N. Y. 189.

This section does not authorize the legislature to provide a district for judicial purposes not bounded by town, county, village or city lines. People ex rel. v. Porter (1882), 90 N. Y. 68.

Jurisdiction is limited to localities for which such courts were established. Rockwell v. Raymond (1889), 5 N. Y. Supp. 642. Legislature may prescribe the jurisdiction. Connors v. Hilton (1883), 66 How. Pr. 144. Act giving exclusive jurisdiction to Courts of Special Sessions is valid. Jurisdiction is not exclusive unless specified. People v. Austin (1888), 49 Hun, 396, 3 N. Y. Supp. 578.

A justice of the peace is a constitutional officer and his court stands on

Clerks of courts Const. Art. VI, § 19

a different footing from that of inferior local courts established under the provisions of this section. His jurisdiction is usually coextensive with the county in which he resides. Beach v. Baker (1898), 25 App. Div. 9, 48 N. Y. Supp. 1042.

The justices' court of Hornellsville is not an "inferior local court" within the meaning of this section. Lantz v. Galpin (1904), 44 Misc. 356, 89 N. Y. Supp. 1096.

Justices of the peace in Rochester, possessing no criminal jurisdiction, are inferior local courts and may be abolished. People ex rel. v. Common Council of Rochester (1877), 11 Hun, 241. As to Municipal Court of Syracuse, see Curtin v. Barton (1894), 139 N. Y. 505.

The only limitation upon the jurisdiction of new magistrates created under this provision, is that it be local and inferior. Brandon v. Avery (1860), 22 N. Y. 469.

The jurisdiction of a local court must be exercised within the locality, and its process cannot be executed outside of it. Geraty v. Reid (1879), 78 N. Y. 65; Hoag v. Lamont (1875), 60 id. 96; Connor v. Hilton (1883), 66 How. Pr. 144.

An act authorizing the City Court of Mount Vernon to authorize the service of its summons outside of the city, held unconstitutional. Pierson v. Fries (1896), 3 App. Div. 418, 38 N. Y. Supp. 765.

The jurisdiction of a local court cannot be extended by legislation so as to authorize service of process without its territorial limits. Baird v. Helfer (1896), 12 App. Div. 23, 42 N. Y. Supp. 484; Ziegler v. Corwin (1897), 12 App. Div. 60, 48 N. Y. Supp. 855.

See Armstrong v. Kennedy (1898), 23 Misc. 47, 51 N. Y. Supp. 509. Although several of the above decisions hold that process of a local court cannot be served without the municipality, they were rendered under the language of section 19 of article 6 of the old Constitution, which was much narrower than the language of the above section. It is believed that the section was expressly amended to obviate the effect of these decisions, and that under this section, process of a local court may, if authorized by the legislature, be served anywhere in the county.

Clerks of courts.- § 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 re

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Terms of office of present justices Const. Art. VI, § 22

ceive compensation to be established by law and paid out of the public treasury.

No judicial officer, except justice of the peace, to receive fees; not to act as attorney or counselor. § 20. No judicial officer, except justices of the peace, shall receive to his own use any fees or perquisites of office; nor shall any judge of 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.

An objection that a referee in an action for an accounting was disqualified because at the time of his appointment he was the county judge of a county having more than 120,000 inhabitants, cannot be sustained by the Court of Appeals where the last public record preceding his appointment shows the population to have been less than 120,000, although in fact it may have been more at the time. Adams v. Elwood (1903), 176 N. Y. 106.

The Appellate Division has no jurisdiction to suspend from practice or remove from his office as attorney, a surrogate who practices law during his term of office, in violation of this section. Matter of Silkman (1903), 88 App. Div. 102, 84 N. Y. Supp. 1025.

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

Terms of office of present justices of the peace and local judicial officers. § 22. Justices of the peace and