The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1895-08-14
ARTICLE v.
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PROPOSED AMENDMENTS TO THE CONSTR
TIITION RELATING TO THE JUDICIARY.


1. Be It resolved tthe house of assembly concur
ring), That the following amendments to the con-
sttution of this state be and the same are hereby
proposed, and when the same be agreed to by n
ma jorty of the members elected to the senate and
house Of assembly, the said amendments shall be
entered ON their journals, with the yeas and nays
thereon and referred to the legislature next to be
chosen, and published for three months previous
TO the frst Tuesday after the first Monday OF No
vember next being the fifth day of said month, in
at least newspaper of each county to be desig-
mated by the president of the senate, the speaker
of the house OF assembly and the secretary state;
payment for such publication to be made by the
treasurer the warrant Of the comptroller:
a. Change section l. of article vi. SOFAS to read
as follows:
Al. The judicial power of this state shall be
vested in a court of errors and appeals, which
shall be the court of last resort in all causes as
heretofore court for the trial of impeaehments;
a supreme court; q court of cbancery q prerogh'
tive court; circuit courts and such inferior courts
now exist, and as may be hereafter ordained and
established by law which inferior courts the
legislature may alter or abolish as the public good
shall require"
(2) Strike out paragraphs /, and dissection III.
OF article vi and substitute the following;
II. The court Of errors and appeals shall consist
of the chancellor and the justices of the supreme
court of whom four shall be quorum"
(3.) Change the number OF paragraph 4, OF Sec
ton ii. of article vi. t02.
a. Strike out paragraphs and 6 of section il.
of article W.
(5.) Change paragraph OF section Nv. OF article
VI 80 as to read as follows:
~. The court of chanoery shall consist OF
chancellor and four vice chancellors the number
OF vice ehancelors may be increased or decreased
by law tho chancellor and the vice chancellors
shall each have the Jurisdiction heretofore possess
ed and exercised by the chancellor and the court
of chancery the rules OF the court shall be made
by the chancellor"
(6J Change paragraph of section ~. of article
VI SO as to read as follows;
~ The cha ncellor shall be the ordinary or sur
rogate general and judge of the prerogatiye court,
and may designate vice chancellor, or vice chan
cellors with power seyeraly to act as ordinary or
surrogate general and Judge OF the prerogatiVe
court" -,
a. Change paragraph OF section V. of article
VI. so as to read as follows:
Al The supreme court shall consist Of q chief
justice and eight associate Justices the number OF
associate justices may be Increased or decreased
by law but shalll never be less than seven; the
said court may be divided by law, or rule of court
and each and every division thereof shall have the
Jurisdiction of the court provided that each di-
vision shall consist Of at least two Justices" :,
49, Add the following paragraph 10 seetoh "
~. The supreme court may, certiorari, re-
view any order Of a circuit court granting or re-
fusing new trial"
(91 Strike out paragraphs and of section
vi. Of article vi. and insert the following:
~. When a writ Of error shall be brought nc
Justice who has given a judicial opinion in Inc
| cause In favor of or against any error complain
ed Of shall sit a member of the court in when
the alleged error Is considered, or have voice
4 on the hearing or for its afhrmance or reversal
but the reason or reasons for such opinion shall
| be assigned TO the court In writing"
"2. When an appeal from an order or decree
shall be heard the chancellor the vice chancel
Tor who signed the same shall in form the court IL
writing of the reason reasons therefor but th'
chancellor sha II not sit on the hearing nor have
voice in the decision of an appeal from any orde
| or decree made by him, In cause in which hf
| has given a judicial opinion"
t10.) Change paragraph OF section IL oil arlici'
VII SO 10 read as follows:
Il. Justices Of the supreme court, the chancel
lor and vice ehancelors shall be nominated by the
governor and appointed by him, with tho advice
aud consent of the senate.
1.-THE Justices of the supreme court, the chan
eelor and the vice chancelors shall hold their OF
| fees for the term OF seven years. they snail, a
stat ed times receive for their services compen
satiOp which shall not be diminished during thu
term of their appointment and they shall hold M
other Office under the government of this state o.
OF the United States the Justices or the supreme
court chancellor and vice chancellors now In OF
| fce shall remain therein during the terms 10
| which they have been appointed respectively"
| Q1) Strike out paragraph of section ii. OF ar
| ticle VII. and change the numbers OF the follow
| ing paragraphs to correspond.
| (I2) Strike out paragraph 10 OF article V. AM
| substitute the following: ,
| 10 The governor, or person admnist ering tn
| government, the chancellor, the chief justice AM
| the attorney general or any three OF them, ma
remit fines and FORT eitures and grant pardons an
paroles after convictions in all cases except I'M
peachment."
03.) Strike out paragraph II of article x.
| (4.j Change paragraph IL Of article X. 30 as =
| read as follows
sary to carry into effect the provisions OF THIS con
| stitution and OF the amendments hereof"