The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1895-08-07
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ID
PROPOSED AMENDMENTS TO THE CoNsrI-
TUITION RELATING TO THE JUDICIARY.


1. Be II resolved (the house of assembly concur
ring), That the following amendments TO the con-
stiution of this state be and the same are hereby
proposed, and when the same be agreed to by q
majority 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 frat Tuesday after the first Monday o No
yember next, being the fifth day of said month, In
at least newspaper of each county, TO be desg-
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 on the warrant of the comptroller:
ID Change section l. OF article VI SOFAS to read
as follows:
a. The judicial power of this state shall be
vested IN court Of errors and appeals, which
shall be the court of last resort in all causes as
heretofore a court for the trial of impeachments
a supreme court; a court of chancery; a preroga
tive court; circuit courts and such inferior courts
now exist, and as may be hereafter ordained and
established by law I; which inferior courts the
legislature may alter or abolish, as the public good
shall require.p
(2) Strike out paragraphs j, and 8 dissection II
OF article VI and substitute the following:
~. Tho court Of errors and appeals shall consist
of the chancellor and the justices of the supreme
court of whom four shall be quorum"
t3) Change the number of paragraph T. OF sec
ton ii. Of article W. to-.
"a Strike out paragraphs and G of section II.
of article VI.
(bl Change paragraph Of section ~. of article
vi so rs TO read as follows;
II. The court of chancery shall consist OF n
chancellor and four vice chancelors the number
Of vice chancellors may BIO Increased or decreased
by law; tho chancellor and the vice chancellors
shall each have the jurisdiction heretofore possess
cd and exercised by the chancellor and the court
OF cbanccry the rules of the court shall be made
by the chancellor"
(6) Change paragraph 2 of section ~. of article
vi. so as to read as follows;
20. The cha ncellor shall be the ordinary or sur
rogate general and judge of the prerogative court
and may designate vice chancellor, or vice chan
celIors with power severaly TO act as ordinary or
surrogate general and judge OF the prerogative
court"
a. Change paragraph OF section v. of article
vi. 80 as to read as follows:
al The supreme court shall consist OF chief
Justice and eight associate justices the number OF
associate justices may be Increased or decreased
by law but shall. never be less than seven; the
said court may be divided by law or rule OF court,
and each and every division thereof she'll have the
Jurisdiction OF thecourt provided that each d.
vision shall consist of at least two justices"
(S) Add tho following paragraph to section V.
of article VI:
a. The supreme court may, on certlorari, re-
view any order of circuit court granting or re-
lusing a new trial"
i01 Strike out paragraphs ! and 2 of section
vi OF article VI and insert the following:
AZ. When a writ Of error shall be brought nc
| Justice who has given judicial opinion In the
| cause In favor of or against any error complain
ed of shall sit as a member of the court in which
| the alleged is considered or have a voice
| on the hearing, for its afiirmance or reversal
! but the reason or TeAhOHb iOT hhcH opiuloh
| be assigned TO the court in writing"
co. When an appeal from an order or decree
| shall be heard, tho chancellor or the vice chance
lor who signed the same shall In form the court III
writing of the reason reasons therefor but the
chancellor shall not sit on the hearing nor have
voice in the decision of appeal from any order
or decree made by him, or In cause in which he
has given judicial opinion"
ti0) Change paragraph OF section III. oil arllclt
VII. so as TO read as follows:
I" 1. Justices OF tho supreme court, the ehancei'
lor and vice chancelors shall be nominated by the
governor and appointed by him, with the advice
and consent of the senate.
1.-THE Justices OF the supreme court, the chan
cellor and the vice chaneellors shall hold their +
fees for the term of seven years they shall, al
stated times receive for their services a compen
satiOn which shall not be diminished during thu
term Of their appointment and they shall hold NJ
of the United States the justices of the supreme
| court chancellor and vice chancellors now In OIL
| fee shall remain therein during the terms 10
| which they have been appointed respectively"
III Strike out paragraph OF section H. OF ar
| ticle VII and change the numbers of the follow
| ing paragraphs to correspond.
(12) Strike out paragraph 10 OF article V. AM
| substitute the following:
| 10. The governor or person admnist ering tn
| government, the chancellor, the chief ju stice ant
| The attorney. general, or any three of them, ma
| remit fines and orfeitures and grant pardons an
| paroles after convictions, In all cases except IN
| parchment"
| 03) Strike out paragraph II Of article x.
(14) Change paragraph IL OF article X so as U
read as follows
" (ii.j The Iegis ature shall pass all laws neces
sary TO carry into effect the provisions Of this con
stituton and OF the amendments hereof"