New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-08-16
GENERAL TERMS.


%" BY Two-ABoLITIoN OF THE
- GENERAL TERMS.
IN TIE nEcul.h CORRESPONDENT OF THE rnIb'lNE
- Aug l5--The judiciary article Of the pro-
A Now state Constitution is finished Elihu
fHes os chairman of the judiciary Committee Of
H"c,n.,i,ut!onal Convention, submitted II 20 that
~ today -. o,,,,.,or
" General Terms OF the Supreme AMI Superior
- and the substitution for them OF an Appellate
e~on Of the supreme Court composed OF twenty
,us,ices; the increase OF the number OF judges
",,s Cour, of Appeals from seven TO nine the I'M
.,, OF the Court OF Appeals 10 the decision OF
I,ons Of Jaw; the abolition OF second division
a. ~, Cour, Of Appeals; the abolition of the Su-
Courts of New-York. Brooklyn and Buffalo;
p.or,,or Of the Court Of Common Peas of New
,ha abolition Of courts Of sessions. except In
vork. an addition Of Twelve judges 10 the SUI
80 Cour, bench an enlargement OF the jurisdic-
Pc ~ county courts. and the abrogaton Of pen
"a Judges OF the Court of Appeals ana SUI
creme Court Justices
V.,n motion Of Mr.. Roo; the convention ordered
49,, 800 copies OF the Judiciary Article, with the
'ompanying report. should he printed for the use
- ,ss lawyers and laymen of the state of New
~ and of members of the convention
TEXT OF THE JUDICIARY ARTICLE.
r,,ovng is the text of the proposed judiciary
Article:
ARTICLE VI.
s..,,o, The Supreme Court Is continued with
.cnsra, Jurisdiction In Jaw ana equity subject 10
sh appe..ate Jurisdiction OF the Court Of Appeals
nov is or may be prescribed by Jaw. not ncon-
.r, with this article. The existing judicial dis
,rcts of the state continued unit. changed as
,s,s,,after provided. The supreme Court sha
sns,si Of the supreme justices in office, ana
,,,-.4c Z thereto
.an Of this ar;c.e all Of whom shd.. continue 10
se" ,scns Of the supreme Court during III ,ir re-
.,sc;,ye terms and ~ Twelve additional justices
wac shI.a oxstjnr iudica. dsirlcs-three in
q ~ ~, 6is.ric, three in the second and one IN
each OF the other districts and OF their successors
The successors Of said justices sha.i D. chosen 10y
m Legislature may alter the jutica districts once
after every enumeration under me constitution, OF
portion The justices TO be thereafter eected IN the
e ssc The Legislature shall divide the State into
four jud!ca. departments. The FIRST Department
sha. consist Of The county OF Newly ork the o,heIs
ana equal in population as nearly as may be. once
every ten years the Legislature nay a.ter the Ju-
dcia DEPARTMENTS, but without increasing the num-
Der thereof.
APPELLATE DIVISIONS
There shat. be an appellate division Of the su-
nrsne Court consisting of seven justices In the
First Department snd Of five justices in each OF the
other departments. In each department; four shA'!
constitute a quorum. and the concurrence OF three
sha,. be necessary decision. No more than hVe
From all the justices elected TO the supreme
Court the Governor shall designate those VINO shai!
ment and he snail designate the presiding justice
thereof who shall act as such during ms Term 81
Office and shall be a resident OF the department.
The other Justices shall be designated Tor terms OF
five years. or the unexpired portions oi their Re-
From time to time. as the terms OF such deslgna,
tions expire vacancies occur. he shall MAKE new
raSi II. al ke
nations from time TO time IN fSse o. ~ 'e
DIVISION majority OF the Justices designated TO
sit in the Appellate Division IN edch dSpar,meh.
ths Apreate Division in any dcpartmen, shall be
unable 10 dispose OF its business within reasonaole
tine a majority Of the Presiding Justices OF the
several departments, at a meeting called by the
TRANSFER any pending appeals from such department
to any other department. for hearing and determine;
ton No Justice Of me Appellate Division shall
Teme Court other than those Of a Justice out OF
nurt and those pertaining TO- the Appellate ID.
submitted by consent Of counsel. From and after
she las, day of December. 1885 the appellate d.
By the supreme Court at its General Terms. and
b. the General Terms OF the Court Of Common
superor Court OF the city of New-York. the Su-
perior Court Of Buffalo and he City Court OF l5rooR'
hn and such additional jurisietion as may De con,
ferred by the Legislature. 1t shall have power to
apRoin; and removs a report6.r n,y,son IN each de-
partment shall have power 10 fix the times anu
places for holding special and trial terms therein
and 10 assign the Justices In the departments 10
hold such terms or 10 make rules therefor
Sec no JudGe or JnsS Sar sha Of A s5 shf in
New Of a decision made by him or by any cQ CUR
Of which ne az the time sitting menu Il,
The testimony in equity cases shaiI be Idht. ~
like manner in cases at law; ana. except al al
herein otherwise provided the Le ess.t the urls
diction ana proceedings In law and in equity tha'
has heretofore exercised: 81 the Justices Of the
suprtme Court shall be fourteen years from ana
including the first day OF January mex, aitfr .nt.
election When vacancy shall occur OF Irs,isc
than By expiration Of term In the Once OF ~
othe Supreme Court the same insi De banpenjng
not les. than three months after such XaSa. ~,
Govarnor 6y and with the advice and consent OF
the Senate L. the Senate snail De IN 49, ',c oc,
Nv annontmnnt which shall continue untli anu IN
Gliding the last day OF December hsn' all ~
election at which the vacancy shal De ""e'
FOUR COURTS ABOLISHED.
Sec r The Superior Court Of the City OF New
York the Court Of Common Pleas for tn '''y
mi County OF NAw-York. the Superior Court %
Buffalo and the CITY Court Of BROOKLYN ar "Do
,shsd from and after the first day or JahuH' !,
1856 and thereupon the seals. records paPJls Hi h
documents Of belonging 70 SYN Of the several
co,riies in which said courts now exist anu a.,
actbns and proceedings 'neh ,b ees supreme Court
forhearing and determination. Inc lLuSeS 200
courts IN Office the first gay VI for which
t ma. lor thc ,d nr annointed be Justices OF IN"
sueme Court but they shall sit only IN .he Their
uesin which they were eecteu OF aai1 Counties re-
speavey and shall be the SAM as co ,nf residing
n Ne same Counties Their successors shaii ,b ne
eeeed az Justices Of the supreme 6G they re-
eecors OF the judicial districts IN "H'c" INV
specvey reside. ,e, b,, tho several
Tn jurisdiction now exercsed ,, oy in the Su-
cours hereby abolished shaI, u 'r and local courts
xSsard in The Court Of Cowm sna r se superior
City and County of New otk I'm IN the supreme
S sven manner and by suf the 'G qespecv
partuents which Include New-York ana Ice
shaiIIrect unless Otherwise provided by the iFs'S-
hiur . oor md Ter
SECT Circuit courts and courts OF Oyer , a' dav OF
sher abolished rom and AFTER tne shan there
spnt v.st@i in the Supreme Court ana an sh,II
~ roceedings then pending In sncn T 60 hearint
rnsferred 20 the Supreme Court io'
Sne termination. c,,., e~cent as