The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-09-07

STATE CONSTITUTIONAL CoNvENTIoN-Sept. c.
The President presented the returns of the clerk
IN chancery for the sh circuit giving state of the
funds and securities in his hands clerk Referred
Mr. Loomis presented certain propositions making prov
sion Tor the disposition of Judicial proceedings pending
the several courts at the time the constitution goes
mittee.
At the time when this constitution shall take effect all
suits and proceedings then pending in the for the
OF appeals and all suits and proceedings then pending in
the court OF chancery in the supreme court and in the
court OF common pleas shall be deemed pending in the
supreme court hereby established.
Ihe chancellor and justices of the supreme court shall
continue to have and exercise the powers duties and
compensation of their respective Offices in respect all
nses and proceedings in their respective courts when
Us constitution shall take effect and then ready for
hearing before them respectively until said causes and
proceedings have been adudcstsd and finally disposs
~ IN said courts but such time shall respect to
the courts Of chancery exceed two years. and respect
time this constitution takes effect.
Any causes or proceedings pending in the court Of
ing before the chancellor before justices of the
supreme court may, Notwithstanding the last section be
sent OF parties and all proceedings pending
in the court OF chancery in the supreme court when
this constitution shall take effect shall be subject to the
appellate jurisdiction OF the court of appeals like
ner a. If originally commenced in the supreme court By
this constitution ordained.
The chancellor, vice chancelors and assistant vice
chancellor the justices Of the supreme court and circuit
Judges hereby declared to be severally eligible to
se once OF Judge OF the court Of appeals or justice of
reside.
Any vacancy in the office of chancellor within two
years from the time this constitution shall take effect
in the Office of justice Of the supreme court within
year from the time this constitution shall take effect,
advice and consent Of the Senate.
MIR. Bascom offered the following proposition and
moved its reference to the judiciary committee
The Governor may require the judges of the supreme
court to perform duties without the judicial districts TO
which they belong and equal to their travelling
expenses, besides their salaries, may be allowed judges
while such service.
Motion to refer lost and the proposition was laid on
the table Mr.. Young moved that afternoon session
be held to dispose OF the u dietary report Mr. Worden
moved torecomm the report to the judiciary commit.
tee with instructions to amend in accordance with plan
he proposed. Debated and then the whole subject was
laid over and the report of the judiciary committee
Ken up. The question was upon the following section
be compensated by fixed salaries and they shall not re.
ceve to their own any fees perquises of Office
The surrogate may be made a Judge of any inferior
court which may be established in any county.
b Lost The question then upon.ths following sec.
tons for the organization of court of Cancellation
There may be established in any county one or more
tribunals OF Cancellation, each to be composed of not
more than three concators to be elected the legs
lature may direct They shall be paid reasonable com.
pensation to be fixed by law and all fees received by
them shall be paid into the country treasury The le
gislaure may afford pertes inducements to submit their
differences to the Cancellation Of such tribunals by regu
laton as TO costs in other courts.
The courts by the last section authorized, shall have
power to render judgment to be obligatory upon the
parties except the parties voluntarily submit their mat
tiers in difference and agree to abide the Judgment
sent thereto IN the presence oil the court such
shall be prescribed by law.
Mr. Patterson moved the following as a substitute for
the two sections
Tribunals of cancellation may be organized by the e
Mr. Young moved to add " without costs to parties
Mr. Hart moved to amend the first Of the above sections
by striking out the compensation to be paid 10 the
ciliaors, and the disposition to be made of the fees
Agreed to, 90 to 40 MIR. Youngs motion to Mr. Paer-
sons section wasrejected, and then the section of Mr.
Patterson was rejected, SO to 40 The vote then
taken on the first of the two sections amended and It
was rejected, ~ to a. Mr. Miller gave notice Of a mo-
ton to reconsider The second Of the above sections
fell with the rejection OF the first The 10th section
was then read as follows:
The court for the trial of impeachments and the cor
rection Of errors the court Of chancery the supreme
court and the county courts or at present organized
abolished.
Referred to the committee OF the judiciary having
charge oil Mr.. LOOMS proposition The lath section
relative 10 the reorganization Of the judicial trcts on
the taking Of the census, was agreed to. Mr. Swack-
hamer offered the following section -
There shall be but one appeal in civil causes tried
before the courts Of this State except the decision Of
the court appealed IRON be reversed which case one
additional appeal may be allowed.
After debate, Mr. Taggsrt moved substitute for this
which was discussed until 2 O'Clock No
question Adjourned.-.aibany Argus