The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1896-09-16


and published for three months previous to
the first Tuesday after the first Monday of No
yember 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:
ID Strike out paragraph III OF section VII,
Of article ", 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 tine attorney general, OF
any two of them, may remit fines and forfeit
ures, and grant pardons and paroles, after con
yiction, in all cases except impeachment.
49, Change section of article vi, so as to
read as follows:
The judicial power shall be vested in court
for the trial of impeachments, supreme court,
q 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
al Strike out all of section H. of article vi.
Isl Change the number of section III, of ar
ticle VI, to section II.
(6.) Strike out all of sections ". V, and vi,
Of article VI, and insert the following;
SECTION H.
1, The supreme court shall consist of such
number of judges as the legislature shall de-
termine, but there shall never be less than ff-
teen; the justices of the supreme court as
heretofore constituted, and the chancellor and
vice chancellors in office whom this provision
takes effect, shall become judges of the court,
and continue as such until the expiration OF
the respective terms of office for which they
shall have been appointed.
e. The supreme court so constituted shal!
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 dlYlslonsi 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 as herein
otherwise provided; two or 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 OK
listing, except as herein otherwise provided;
one or more judges may have and exercise
such jurisdiction and powers.
The clerk of the court of chaneery as hereto
fore constituted shall be the clerk of this diyi'
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 quorum, may exercise
such jurisdiction and powers, and the concur
renee of three shall be necessary to a decision.
The Judge of the appellate division longest
In office shall be president of this division and
OF the court when sitting as a whole.
The secretary Of state shall be the clerk OF
this division and shall also keep the minutes
OF the court when sitting as a 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 consecutively nor be eligible to
reassignment thereto until after serving for at
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 divi.
sion or court.
L. 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 ohancery divisions, respec'
lively, and the Judge longest In Office shall be
the president Of the division to which he Is as
signed
5. On the hearing of a writ Of error or ap
peal q Judge who has given a judicial opinion
in the cause in favor of or against the judg
ment, order or decree under review, shall NOT
sit as O member of the appellate division oil
have o voice in the hearing.
0. In all causes in which 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
2. The court shall convene at the call OF the
president Judge. and when sitting as whole
may prescribe rules not inconsistent with
statutes, and appoint masters and examiners
in chancery.
g. 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 be the or
binary or surrogate general and Judge OF the
prerogative court.
e. The secretary of state shall be clerk TO the
ordinary or surrogate general, and register
of the prerogative court.
0. From any order or decree OF the preroga
tive court an appeal may be taken to the ap
pellats division Of the supreme court: and al
appeals now cognizable In the prerogativt
court shall hereafter DO made directly to the
SECTION V.
1. Causes and proceedings may be com
menced and prosecuted either in the law oil
chancery division Of the supreme court &c
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 or more judges assigned
to tho law division of the supreme court, nnt
shall In all cases within the county. except In
those Of o 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 docketed in the law
division OF the supreme court, and shall oper
ate az judgment obtained in the supreme
court in such division from the time Of such
docketing.
O. Orders refusing new trials in the circuit
courts may be reviewed by appeal In the APP
pellate division of the supreme court.
4. The legislature may vest In the circuit
court chancery powers, to be exercised sub
5ect to appeal to the appellate division of the
supreme court.
a. 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 a term of seven
years; they shall, at stated times receive for
their services equal compensation, which
shall not be diminished during the torn 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 2.
(9.) Change the number of paragraph to 2.
(i0) Change paragraph so as to read as fol-
lows:
g. 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:
L. One or more reporters of judicial decision
shall be appointed by the supreme court and
shall hold office for five years.
(i2.) Change the number OF the succeeding
paragraphs SO as to make each bear the pre-
ceding number to that 1t now bears.
(1S.l Article x, strike out paragraph II.
ti4) 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
constitution and the amendments hereof.