, 1862-02-28

Glover.
REPORT OF COMMITTEES ON REVENUE.
Mr.. Graham from Committee on Revenue
reported that the Committee had article TX |
under consideration, and he was directed to
report upon it.
TIE JUDICIARY ARTICLE AGAIN.
Sec, g, Judiciary article, coming up under
out 81 900, and insert 800. On this the Tote
stood ayes q, noes So.
Mr.. Burr then offered substitute, proyi-
ding that Probate Judges shall have such
original Jurisdiction rs is now vested In the
County Courts, and exclusive original ]uris-
diction in ill criminal cases, not extending to
death or Imprisonment in the penitentiary,
and without any presentment or Indictment
from q grand Jury, provided the General |
Assembly shall have power to vest IN
creased civil Jurisdiction in such County
Courts ns 1t may deem necessary.
Mr.. Wentworth proposed to name S5O as
the extent Of the civil Jurisdiction
Mr. Edwards offered an amendment to Mr.
Burr's substitute, striking out the proyiso,
and inserting: And also Jurisdiction in all !
cases at law in which the amount IN contro,
yersy shall not exceed three hundred dollars"
and also add the proyiso Of the original Sec
tion. -.
Mr.. Vaudcyccr contended that unless some
such court was created, counties having from
1900 to 15,oo0 population, would be pEacti-
Mr. Anthony vas in favor Of the following
for sections %, 80 and 81:
SEC. ~ The said court ehan exercise such juris-
diction ehan be provided by law"
The debate was continued by Messrs-
OMclyeny, Reilly, Duff, Hanna. Muhike,
Terry, Wdg1ey, Bartley, 5os'sns Singleton
Mr. Muhlke moved that as the lawyers Of
the Convention, after twenty-four hours dis
cussion were not able to agece upon the sec
tion, that it be referred to committee OF
three doctors.
Mr., Edwaras's amendment was then laid on
the table By ayes IS, noes q.
An attempt to lay Mr.. Burr's amendment On
the table failed by ayes 20, noes ".
Mr.. Singleton offered an amendment PRO-
yiding for county court, TO have judge to
be elected for three years; the jurisdiction to
extend in civil suits to such cases IS the Cen
erm Assembly may determine, and to criminal
| cases to those in which the fine does not e1-
| coed s1oO.
Nh. Burr accepted the amendment.
mr. Thornton moved to Lay upon the table.
/ Lost-1yes 20, noes 81.
III. Purple said if the substitute was
! adopted The section would conflict with SEC
| ton 81 He therefore moved to refer 1t to q
| special committee.
NIr. Burr then moved a substitute, which
he subsequently modified SO as to read as fol'
lows:
tend to all probatc and such other Jurisdiction a:
| the General Assembly 1nay confer III civil cases
and such criminal eases as nay be prescribed t b5
cceding ono hundred dollars. I'T0piael the jorls
dctio1 conferred by law in sucn courts in civil ant
criminal Gases shall be Uniform throughout th'
State.
Mr.. Ross subsequently, offered an amend
ment which provided for probate in
risdiction and uniformity throughout tn
State.
4 motion TO lay Ill the amendments on tn
table t:tlled by ayes ., noes *
read for information. It provides that tn
| Court shall have such probate jurisdiction 4
the County Courts now have and in conntle
| with population exceeding 80, ODD civil jnrls
diction not to exceed $500, and in all othe
counties civil jurisdiction where tile amour
does not exceed Sl00, and exclusive origina
criminal Jurisdiction in all cases not extcndin
I to punishment by death OF imprisonment
+ the pcnitcntiary.
| Tie amendment OF Mr. Ross was then lal
on the table by ayes 4, noes u
2 The amendment Of Mr.. Singleton was the
4 voted down By 45aycs to IL noes.
AFTERNOON.
= JUDICIARY ARTICLE.
Mr.. Hacker offered substitute for sectic
20, as follows:
SIC %. The said courts shall hare probate juri
diction; and original jurisdiction IN all crimis,
cases. not extending to death OF Imprisonment
the peliientiary, without any pssssntm'enEt ne T @ OF
Assembly shall have power to vest Increased ci'
Jurisdiction in such County Courts az to i q
hs aDa taas ea
the lille to real estate, or to franchise, or to
= tions for libel, SANDER or seduction
- An attempt to lay this On the table failed
ayes II, noes ~, and it was then adopted bJ
~ large majority.
~ Section 80 was then taken up and amend
= so as TO read as follows:
+ Sec. So The eaid court shall have exclusive
pellate Jurisdiction in all case: arising In justic
prosecuted to the Circuit and Supreme Courts q
lnjnnc.io1s granted in such manneras may be p
y;ded by law
= Section 81, which is as follows, was acco1
"a iDgly stricken out:
SEC 1.-THE County Judge may grant preliui
r. ipJurctions and such othcr remedial wrlts
nay be provided by law, returnable to the clrc
u Court.
7 Sections 81, 33, 81 and S5 were adopted vi
- out amendment, as follows:
Il SEC S. There shall be elected in each count
' thereof who shall hold his ofllce for the tern
four ycara and until his SUCCESSOR shall be cleo
ard qualified ssd = - whose duty and spnpeasa:
~ SEC. So. 4 county attorney eha11 be c1cctci
= each county by the qualified electors thereof. Y
suHi neu llIe uaee ~ ~ teA1.. - %
un11I 1ls saSos :a - Eat u 80. h1f H., "a
l. aLd Eno5e oailes ano en1l1 " ~
esss0 t " q I:M Mo 5ust;ccs ab,r he e1ectcd in
llc count :. not having townsIip organization, by
lzt qualified electors thereof, who shall hold their
nses iot in NJ ILL., - ~ ~. a1;t;a5 md vim
co,Ecr u;th % thc eonnfr iudee shaII form a Ct
M M for lie trapsactien and management of the
adj nese and internal concerns Of the counties.
tee who shaii hold such terms perform such dHtles
~ n receive such compensation as may be preser'
oy iaW. az n~,..o .,,,,, ,,o o,oo+aa h,- +ba nno,
. as;c,9 ~, r. aach cnnv v1 sheI 1h, shn1 hoI;
~ offcn Tor The term Of four yeaFs' and until his
. ceseor sliaI be elected and qualified: Pr0ri
that no person shall be eligible to said Office
than once in eight years.
On section 36 there Was considerable deb
- and II was amended SO as to read as follow
JE Sm 81 The General Assembly shall ir1pt
fax an ali civil e11its which shall constitute
to be applied toward the payment OF the SAL
Of judges and other expenses Of courts, and "
- tax shall be nnuof1n throasnoa1 tae s'ate.
In The above form it was passed oy 59 az
n % noes.
IN Section 81 was then taken up and amer
SO as to read as follows:
SEC. 81. The amount arising from said ta.
ILL imposed upon suits in the county courts. sh:
h. lA.N tilN. ~ ~At9 ~ Irnrrn+- i,
. the payment Of the salaries 81 the county ~
NJ and county attorneys, and all excess after inc
.;.. mcnt Of their saariee, 70 DC paia mug tus
ticasuls, AHn ; ~ VIZ e,,rtE ~ ~ VIA int
en- ,or ,sd Thai No tx be i'm,
+, nnnn cir;l srfita commenced in the courts oi
ficcs Of lie Pcace.