The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1896-10-14

Journals, Win the yeas ana nays thereon, and
referred to the legislature next to be chosen,
and published for three months previous to
the first Tuesday after the first Monday of No
vember next, being the third day of said
month, in at least one newspaper of each
county, to be designated by the president OF
the senate, the speaker of the house of assem-.
bly,, and the secretary of state:
~ Strike out paragraph 10 Of section VII,
Of article w, and change the numbers Of the
following paragraphs to correspond.
(2.) Change paragraph 10 of article V, so as
to read as follows
10. The governor, or person administering
the government, the president judge of the
supreme court and the attorney general, OF
any two of them, may remit fines and forfeit.
ures and grant pardons and paroles, after CON
viction, in all cases except impeachment.
49, Change section of article VI, SO as to
read as follows:
SECTION !.
The judicial power shall be vested in court
for the trial of impeachments, supreme court,
a prerogative court, circuit courts, and such
inferior courts as now exist and as may be
hereafter established by law; the prerogative
court, the inferior courts now existing and
such as may be hereafter established by law.
may be altered or abolished by the Legislature
as the public good shall require.
a. Strike out all of section II, Of article VI.
(5) Change the number of section H. of ar
ticle VI, to section II.
(6) Strike out all of sections ". V, and VI,
of article VI, and insert the following:
SECTION III.
l. The supreme court shall consist OF such
number Of judges as the legislature shall de-
termine, but there shall never be less than hf-
teen; the Justices of the supreme court as
heretofore constituted, and the chancellor and
vice chancellors in office when this provision
takes effect, shall become judges Of the court,
and continue such until the expiration OF
the respective terms of Office for which they
shall have been appointed.
2. The supreme court so constituted shall
have all the jurisdiction and powers that are
now possessed and exercised by the court OF
errors and appeals, the present supreme court.
the chancellor, the court of chancery, and the
prerogative court, which jurisdiction and
powers shall be exercised in divisions; such
divisions shall be:
First, Law division, in which shall be exer-
cised the jurisdiction and powers OF the SUI
preme court now existing, except herein
otherwise provided; two OF more judges sit
ting together may have and exercise such
jurisdiction and powers
The clerk of the supreme court as heretofore
constituted shall be the clerk of this division.
Second, Chancery division, in which shall be
exercised the jurisdiction and powers of the
chancellor and the court Of chancery now ex.
listing, except as herein otherwise provided
one or more judges may have and exercise
such jurisdiction and powers.
The clerk of the court of chancery as hereto
fore constituted shall be the clerk OF this divi
sion.
Third, Appellate division, in which shall be
exercised the jurisdiction and powers of the
court of errors and appeals now existing and
the jurisdiction hereby conferred; five judges,
of whom four shall be a quorum, may exercise
such jurisdiction and powers, and the concur
renee of three shall be necessary to decision
The Judge of the appellate division longest
In Office shall be president of this division and
of the court when sitting as whole.
The secretary of state shall be the clerk Of
this division and shall also keep the minutes
of the court when sitting as whole.
The appellate division shall be composed of
Judges assigned thereto by the governor to
serve therein until the expiration Of their re-
spective terms, but no judge shall sit in the
appellate division for longer period than
seven years consecutiyely nor be eligible to
reassignment thereto until after serving for al
least three years in the law or chancery divi'
sion; provided that during the absence OF
disability of judge of this DIVISION any
Judge of the court may be temporarily assign
ed to his place by the governor; judge as
signed to this division shall not, during his
term of service therein, sit in any other divf'
sion court.
4. The judges of the court not serving in the
appellate division shall from time to time be
assigned by the court sitting as whole to serv'
ice in the law and ehancery divisions, respec'
lively, and the judge longest in office shall be
the president of the division to which he is as
signed.
s. On the hearing OF writ Of error or ap
peal, Judge who has given judicial opinion
In the cause in favor of or against the judg-
ment, order or decree under review, shall not
sit as a member of the appellate division OF
have voice in the hearing.
@. In all causes in which q writ OF error
could heretofore issue out Of the supreme
court, such writ shall issue only out of the
appellate division, and be determined therein.
z. The court shall convene at the call of the
president Judge, and when sitting MS whole
may prescribe rules not inconsistent with
statutes, and appoint masters and examiners
In chancery.
8. Additional jurisdiction may be conferred
ON the court or on any division thereof.
SECTION ".
/. One of the judges Of the law or chancery
division of the supreme court shall be assigned
by the court from time to time to BIO the or
binary or surrogate general and Judge OF the
prerogative court
g. The secretary of state shall be clerk to the
ordinary surrogate general, and register
of tho prerogative court.
g. From any order or doereo of the preroga
tive court an appeal may be taken to the ap
pellate division of the supreme court: and al
appeals now cognizable in the prerogativt
appellate division of the supreme court.
SECTION V.
/. Causes and proceedings may be com
menced and prosecuted either in the law OF
chancery division of the supreme court ac
cording to the facts, and may be transferred
from one of said divisions to the other.
2. Circuit courts shall be held in every coun
ty of this state by one more judges assigned
to tho law division of the supreme court, an6
shall in all cases within the county, except IL
those of a criminal nature have common law
jurisdiction concurrent with the law division
of the supreme court; and any final judgment
of the circuit court may be doclseted in the law
division of the supreme court, and shall oper
alto as judgment obtained in the supreme
court in such division from the time of such
docketing.
8. Orders refusing new trials in the circuit
courts may be reviewed by appeal in the ap.
pellate division of the supreme court
4. The legislature may vest i'll the circuit
court chancery powers, to be exercised sub
ject to appeal to the appellate division of the
supreme court.
o. Change paragraph / of section II, of ar
ticle VII, so as to read as follows:
!. Judges of the supreme court shall be
nominated by the governor and appointed by
him with the advice and consent of the senate
they shall hold their offices for term of seven
years; they shall, at stated times, receive for
their services equal compensation, which
shall not be diminished during the term OF
their appointments and they shall hold nc
other office under the government of this state
or of the United States
49, Strike out paragraph 9
(9.) Change the number of paragraph 10 9,
(l0.) Change paragraph so as to read as fol-
lows:
5. The attorney general. prosecutors of the
pleas, clerk of the law division of the supreme
court. clerk of the chancery division Of the
supreme court. secretary of state. and keeper
of the state prison. shall be nominated by the
governor and appointed by him with the advice
and consent of the senate; they shall hold their
offices for five years.
(l1.) Change paragraph SO as to read as fol
lows:
4. One or more reporters of judicial decision
shall be appointed by the supreme court and
shall hold Office for five years.
(l2) Change the number of the succeeding
paragraphs so as to make each bear the pre-
ceding number to that 1t now bears.
(l3l Article x, strike out paragraph II.
(l4.) Change paragraph u so as to read as
follows:
ii. The legislature shall pass all laws neces
sary to carry into effect the provisions of this
nonsti tuition and the amendments hereof,