Assembly to impeach.

peachment.

the State and the citizen. The laws of limitation., except as provided in the sixth section of this article, shall prevail in favor of the State as in favor of individuals. The limitation shall begin to run from the adoption of this Constitution; but this shall not be construed to revive claims already barred by existing statutes. The jurisdiction of such court shall be exclusive; and its decisions may be reviewed on the law, on appeal to the court of appeals. The judges of said court shall hold their offices for five years, unless sooner removed according to law, and shall receive at stated times for their services a compensation to be established by law, which shall not be diminished during their continuance in office.

SEC. 9. There shall be a solicitor of claims appointed in the same manner and for the same term as the judges of the court of claims, whose duty it shall be to take charge of the interests of the State in all matters depending in the court of claims; and who shall receive for his services a compensation to be established by law. He may be removed by the governor for misconduct, incompetency, or neglect of duty, upon the recommendation of said court; and whenever, in the judgment of the Legislature, the office of solicitor of claims shall become unnecessary, it may be abolished.

SEC. 10. The canal board, and the contracting board, and the office of canal commissioner and canal appraiser are abolished from and after the first day of January, eighteen hundred and sixty-nine; but until the appointment and qualification of a superintendent of public works and the organization of a court of claims, as provided by this article, said boards and officers shall discharge their duties as heretofore.

ARTICLE VI.

SECTION 1. The Assembly shall have the power of impeachment, by a vote of the majority of all the members elected. The court for the trial of impeachments shall be composed of the Court of Im- president of the senate, the senators, or a major part of them, and the judges of the court of appeals, or the major part of them. On the trial of an impeachment against the governor, the lieutenant-governor shall not act as a member of the court. No judicial officer shall exercise his office, after articles of impeachment against him shall have been preferred to the Senate, until he shall have been acquitted. Before the trial of an impeachment, the members of the court shall take an oath or affirma

ARTICLE VI.

impeach.

Court of Impeachment.

SECTION 1. The Assembly shall have the power of impeach- Assembly to ment, by the vote of the majority of all the members elected. The court for the trial of impeachments, shall be composed of the president of the senate, the senators, or a major part of them, and the judges of the the court of appeals, or the major part of them. On the trial of an impeachment against the governor, the lieutenant-governor shall not act as a member of the court. No judicial officer shall exercise his office after he shall have been impeached, until he shall have been acquitted. Before the trial of an impeachment, the members of the court shall take an oath or affirmation, truly and impartially to try the impeachment according

Judgment.

Court of Appeals.

six associates.

tion, truly and impartially to try the impeachment according to evidence; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold and enjoy any office of honor, trust, or profit, under this State; but the party impeached shall be liable to indictment and punishment according to law.

SEC. 2. There shall be a court of appeals, composed of a chief Chief judge and judge and six associate judges, who shall be chosen by the electors of the State, and shall hold their office for a term of fourteen years from and including the first day of January next after their election. At the first election of judges, under this constitution, every elector may vote for the chief and only four of the associate judges. Any five members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court shall have the appointment, with the power of removal, of its reporter and clerk, and of such attendants as may be necessary.

Reporter, clerk, &c.

Filling vacancies.

Causes pending,

Jan. 1, 1869.

SEC. 3. When a vacancy shall occur, otherwise than by expiration of term, in the office of chief or associate judge of the court of appeals, the same shall be filled, for a full term, at the next general election, happening not less than three months after such vacancy occurs; and until the vacancy shall be so filled, the governor by and with the advice and consent of the Senate, if the Senate shall be in session, or if not, the governor alone, may appoint to fill such vacancy. If any such appointment of chief judge shall be made from among the associate judges, a temporary appointment of associate judge shall be made in like manner; but in such case the person appointed chief judge shall not be deemed to vacate his office of associate judge any longer than until the expiration of his appointment as chief judge. The powers and jurisdiction of the court shall not be suspended for want of appointment or election, when the number of judges is sufficient to constitute a quorum. All appointments under this section shall continue until and including the last day of December next after the election at which the vacancy shall be filled.

SEC. 4. Upon the organization of the court of appeals, under this article, the causes then pending in the present court of appeals shall become vested in the court of appeals hereby established. Such of said causes as are pending on the first day of January, eighteen hundred and sixty-nine, shall be heard and

to evidence; and no person shall be convicted, without the concurrence of two-thirds of the members present. Judgment in Judgment. cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold and enjoy any office of honor, trust or profit under this State; but the party impeached shall be liable to indictment and punishment according to law.

Eight judges.

Chief judge.

SEC. 2. There shall be a court of appeals, composed of eight Court of Appeals. judges, of whom four shall be elected by the electors of the State for eight years, and four selected from the class of justices of the supreme court having the shortest time to serve. Provision shall be made by law for designating one of the number elected as chief judge, and for selecting such justices of the supreme court, from time to time, and for so classifying those selected, that one shall be elected every second year.

(See Art. VI., Sec. 19, Present Constitution.)

SEC. 13. In case the office of any judge of the court of appeals, Filling vacancies. or justice of the supreme court, shall become vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appointment by the governor, until it shall be supplied by the next general election of judges, when it shall be filled by election for the residue of the unexpired

term.