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How are examiners and masters in chancery appointed?

They are appointed by the Governor, with the consent of the Senate.

How long do they hold their office?

Three years, unless sooner removed by the Senate, on the recommendation of the Governor.

The register and assistant register are how appointed?

By the Chancellor, and hold their office during his pleasure.

How are the special justices and the assistant justices and their clerks in the city of New York appointed?

By the common council of the city.
How long do they hold their office?

Four years.

ARTICLE FIFTH.

You have heard of causes being carried up to the court for the correction of errors will you tell me of what this court is composed?

The Senators, the Lieutenant Governor, the Chancellor,

and the three justices of the supreme court.

If a cause is carried up from the supreme court to the court for the correction of errors, can the justices of the supreme court have a voice in the final decision of the cause?

They cannot. They can only assign the reasons for their former decision.

Who have the power of impeaching all civil officers of this State for corrupt conduct in office, or for high crimes and misdemeanors?

The Assembly.

How large a part of the members of the Assembly must concur in an impeachment ?

A majority of all the members elected.

After an officer is impeached by the Assembly, by whom is this impeachment to be tried?

By the court for the trial of impeachments, which is the court for the correction of errors.

When the court proceed to try the impeachment, wnat oath do they take?

An oath or affirmation, "truly and impartially to try and determine the charge in question according to evidence."

What part of the members of the court must concur in order to convict the person of the charge against him?

Two-thirds of the members present?

How far can judgment extend in cases of impeachment ?

To removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under this State. In the impeachment of civil officers, in what capacity does the Assembly act?

In the capacity of a grand jury in finding a bill of indictment against a criminal.

In what capacity do the members of the court for the trial of impeachments and correction of errors act, in trying a civil officer who has been impeached by the Assembly?

In the capacity of a petit jury.

How long do the chancellor and justices of the supreme court hold their office?

During good behavior, or until they shall attain the age of sixty years.

Of what does the supreme court consist?

It consists of a chief justice and two justices, either of whom may hold the court.

Into how many circuits is the State divided?

Eight.

How many circuit judges are appointed?

Eight; who are appointed in the same manner and for

the same length of time as the justices.

How long do judges of county courts and recorders of cities hold their office?

For five

years, unless sooner removed by the Senate, on the recommendation of the Governor.

Can the chancellor, justices of the supreme court, or the circuit judges, hold any other office of public trust?

They cannot.

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ARTICLE SIXTH.

What oath are all members of the Legislature, and all officers, executive and judicial (except a few inferior officers), required to take and subscribe before they enter on the duties of their respective offices ?

"I do solemnly swear (or affirm) that I will support the constitution of the United States and the constitution of the State of New York: and that I will faithfully discharge the duties of the office of

the best of my ability."

according to

Is any other oath, declaration, or test, required as a qualification for any office or public trust?

There is not.

ARTICLE SEVENTH.

How only can a member of this State, be disfranchised, or deprived of rights and privileges secured to other citizens ?

Only by the law of the land or the judgment of his peers.

How long and to whom shall the free exercise and enjoyment of religious profession and worship, without discrimination or preference, be allowed in this State?

For ever, to all mankind.

Shall the liberty of conscience hereby secured be construed so as to

excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of this State?

It shall not.

What does the constitution of this State declare respecting ministers of the gospel and priests of every denomination ?

That they shall not be eligible to, or capable of holding any civil or military office or place within the State. What is required of the militia of this State at all times?

To be armed and disciplined, and in readiness for service.

If the members of any religious denomination are from scruples of conscience averse to bearing arms, on what ground can they be excused?

By paying to the State an equivalent in money.

When only shall the privilege of the writ of habeas corpus be suspended?

Only when in cases of rebellion or invasion the public safety may require its suspension.

When only shall a person be held to answer for a capital or otherwise infamous crime?

On presentment or indictment of a grand jury.

When a criminal is tried what shall he be allowed?

Counsel.

Can a person be twice put in jeopardy of life or limb for the same offence ?

He cannot.

What shall he not be compelled to do in any criminal case?

To testify against himself.

How only shall a person be deprived of life, liberty, or property? Only by due process of law.

Can private property be taken for public use?

It cannot without just compensation.

To what extent is the freedom of speech and of the press secured? So far that every citizen may freely speak, write and

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CONSTITUTION OF THE STATE OF NEW YORK.

publish his sentiments on all subjects, being responsible for the abuse of that right.

Can any law be passed to abridge the liberty of speech or of the press?

There cannot.

In all prosecutions for libel what may be given in evidence to the jury?

The truth may be given in evidence.

If it shall appear to the jury that the matter charged as libellous is true, and was published with good motives, and for justifiable ends, what shall be done?

The party shall be acquitted.

If a bill be passed appropriating public moneys or property for local or private purposes, or a bill for creating, continuing, altering, or renewing any body politic or corporate, what part of the members elected to both houses must concur therein ?

Two-thirds.

For what purpose are the proceeds of the public lands and the toll from the canals appropriated?

To the support of common schools.

Where may propositions to amend this constitution be made?
In the Senate or Assembly.

If the proposed amendments are agreed to by a majority of the members of both houses, where shall the proposed amendments be entered?

On the journal of each house.

To whom must these amendments then be referred ?

To the Legislature then next to be chosen.

How long shall these proposed amendments be published previous to choosing the next Legislature?

Three months.

If two-thirds of the Legislature then chosen agree to the amendments, what is next to be done?

The amendments are to be submitted to the people, and if approved by a majority of the legal voters, the amendments shall become part of the constitution.

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