New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-09-14

J.
lshed be composed OF The President Of the Senate
the the major part OF them the Judges
OF the Court oil appeals or the MAJOR part Of them
=. Abol-hes the present Court .ur the Correction Of
Errors and in lieu thereof establishes Court Of A;
peals composed OF eight judge four OF whom are 10
be- elected 10y the electors Of the state for eight year.
and four selected from the class Of Justices Of the
prcIne Court having Tho shortest time 10 serve. Inc
Legislature i provide for clas=ifyih. those elected
so that one shall be elected every second year
,. Organizes Supreme Court having general uris
dlctOn IN law and equity subject 10 alteration and
ation by the Legislature. Law and equity powers are
vested in this Court.
4. Divides the state into eight Judicial Districts Of
which the City o., New York one. The Districts 70
compact and equal in population nearly a. may be
There be four Justices OF the Supreme Court
each District and as many more in the District
posed OF the City OF New-York ~ may from time 10
time be authorized by law but not exceed the mum.
Der OF Justices III the other Districts in proportion
population. Upon the first election the Justices are to
be classified 50 that one in each District snail 20 OF
Office at the end OF every years After the expira-
ton OF these under such classification the term
Of these Offices is to be eight years.
Provides tlat any three OF the Justices OF
the supreme Court may hold general terms the Court
in any district any OF them may hold special
and Circuit Courts and preside at the Courts OF Oyer
and Terininer in any County Provision be made
by the Legislature for designating Judge preside
the Courts IN banc Of the several districts
g. The Judges 10 received compensation for their
services to be established by law, which shall be
increased or diminished during their continuance il
Office
= The Judges TO hold any other office pub
lie trust al gwen tor them for elective OF.
nee except that OF judge declared void They
not 10 exercise any power o; appointment 10 public OF
ice Every male citizen OF the OF u years. OF good
moral character and having the requisite Learning and
ability shall be admitted 20 practice IN all the Courts OF
the state
Provision he made by law for the classification
ot the usccs OF the supreme Court and for designating
the times and place ofholdnc the terms OF the Court OF
Appeal, and OF the general and special terms OF the ~
prcmc Court within the several districts. md the Cir
cult Courts and Courts o oil oyer and Icrmincr within
the several Counties.
9 The testimony in Equity cases to be taken in like
manner at law, and the Offices o; Master and
Examiner in Chancery are abolished This provision
summary disposcs of over three hundred officers and
adopts the only rational mode OF taking testimony.
10 Provides for the removal OF all Judicial officers
except Justices of the Peace by Joint resolution both
houses of tile Legislature il two thirds of all the mem
bcrs elected "a the senate concur therein Removal
only to take place FOR disability nHlconduct in Office
and opportunity to be gwen Tor the party charged to
be heard IN his defence.
~. Provides Tor the election of Justices of the Su-
prcmc Court by the electors OF the respective Judicial
districts The first election to bc special and
not TO take place within forty days OF general annual
election Subsequent elections OF one Judge IN each
district may take place Il the annual election
L. Each county il elect one Judge TO hold Coun-
~ Court and discharge III" duties OF Surrogate The
County Court to have appellate jurisdiction OF pro-
Cecducs IN Justices Courts, but no Original civil urs
dction except special to hc prescribed by law
1t Is have such original criminal jurisdiction the
is To be composed Of the Judge elected and two Jus;i
of the Peace, be- designated 10y the Board OF
pcrvsors The Judge Is to receive salary 10 bc tNcd
hy the Board ut Supervisors and the Justices per diem
allowance bc also fixed by sHid Board I'm counties
containing population oi over 10000, County Judge
and also person discharge the duties OF Surrogate
! may be elected.
l3 Empowers The Legislature 10 establish inferior
OF civil aud criminal jurisdiction in cities not
to be charge upon the state Treasury Provision may
also be made by law Tor appealing directly from these
courts To the Court OF Appeals.
u. The Legislature reorsnuzc the Judicial Dis
ucis every years and may increase or diminish
their number but such increase or minu,iVn shall not
he more than one district AT any one time No dn!i-
mutton shall nave the effect 20 remove Judge from
office
10 Provides Tor the election Justices Of the Pence
10y the people their %. Office 4 four years
and leaves their number ami classification to bc rulat
cd by law. The Legislature may application OF the
Board OF Supervisors provide Tor the election OF local
officers exceed IN any county 10 discharge
the duties OF judge and Surrogate in their ina
ability or of vacancy. and To exercise such other
powers i'll special cases "a li,y be provided by law
H. Prevents any judicial officer except Justices OF ,nt
Peace, from receiving any fees or pcrquises OF o'ct
tor his own use
Il? Authorizes the Legislature. on the application %
the Board OF Supervisors provide Tor the election %
officers exceeding two in any county, to discharge
the duties OF Judge and Surrogate OF vacancy
these Offices and also such duties special proceeding.
may Ice prescribed 10y law. :
L. Empowers the Legislature To establish ,rlbunai5
OF Cancellation but the tribunals established are NOD
to be empowered enter judgments DEGREES asan>t
parties unless they voluntarily asscn; thereto in thl
presence OF the conciliUiors.
10 Authorizes the Legislature 10 make provision Ot
leaving free 10 any individual the publication OF the stat
tutcs OF the State, and the decisions % the courts
- Provides for che hrsi election OF Justices OF iht
Supreme Cour; between the l., Tuesday in April and
LIST Tuesday in June, ISL Said Court organize
the Isl Monday OF July ss and their judicial term Is
to be deemed TO commence the LIST day OF January
ISIS For the purpose OF finishing the business
hand IN the Courts the old Courts TO continue until
the Isl Monday OF July ISIS unless the business shall
be sooner disposed OF The Court is Ia act in aid
OF the old one in determining the unfinished business
u Provides Tor the election by the Electors OF the
State OF a Clerk OF the Court OF Appeals who Sha. hc
e1oc50 Clerk OF the supreme Court and shall keep MI
Office at the Seat OF Government The County Clerks
shall be esCttcio Clerks OF the supreme Court
Such. says the Eve Journal the general fen
lures OF the Judicial System which the Convention
has finally wrought out and adopted We con
graduate the People upon result SO auspicious-
This is the great measure OF Reform which brought
the Conv entiou into existence. Long and anNioUsI
~ has public attention been hanging upon its dellb
crations. But men will breathe with freedom now
The great merits OF this system viii be universally
acknowledged. We poiui To It's different sections
with pleasure and pride. They contemplate great
and benidcent Reforms They meet the wants OF
the State and answer the expectations OF the Peo'
pie Should the Convention tail 70 accomplish 9th,
cr needed objects OF Reform, the establishment o{
such an enlarged. enlightened aud phllanthropJc
Judicial System viii compensate, n thousand fold
FOR what IL has cost.