The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1896-09-30


journals, with the yeas and nays thereon, and
referred to the legislature next to be chosen
and published for three months previous tC
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:
u Strike out paragraph ~ of section VII
of article ", and change the numbers OF the
following paragraphs to correspond.
(2) Change paragraph 10 of article V, so a:
to read as follows
TO- The governor, or person administering
tho government, the president judge of this
supreme court and the attorney general, Oh
any two OF them, may remit fines and forfeit
ures and grant pardonS and paroles, after con
vietion. in all cases except impeachment.
80 Change section Of article vi, so as tx
read as follows:
The judicial power shall be vested in eourt
for the trial of impeachments, a supreme court
O prerogative court, circuit COURTS and sucf
inferior courts as now exist and as may bt
hereafter established by law the prerogativt
court the inferior courts now existing anc
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 II, of article VI
81 Change the number of section III, of ar
ticle VI, to section II.
(6) Strike out all of sections ". V, and VI
of article W. and insert the following;
SECTION III.
1. The supreme court shall consist of sucl
number Of judges as the legislature shall de
termine, but there shall never be less than fif
teen; the justices of the supreme court al
heretofore constituted, and the chancellor ant
vice chancellors in office when this provision
takes effect, shall become judges of the court
and continue such until the expiration O
the respective terms of Office for which they
shall have been appointed
2. Tho supreme court so constituted shall
have all the jurisdiction and powers that arr
now possessed and exercised by the court o
errors and appeals, the present supreme court
the chancellor, the court of ehancery, and th'
prerogative court which jurisdiction ant
powers shall be exercised in divisions; sucl
divisions shall be:
First, Law division, in which shall be exer
cised the jurisdiction and powers of the su
preme court now existing, except as hereiI
otherwise provided; two or more judges sit
ting together may have and exercise sucl
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 b.
exercised the jurisdiction and powers of thu
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 b.
exercised the jurisdiction and powers of thu
court of errors and appeals now existing ant
the jurisdiction hereby conferred; five judges
of whom four shall be quorum, may exercise
such jurisdiction and powers, and the concur
~ chan ha To a IN
The Judge of the appellate division longes
in office shall be president of this division ant
of the court when sitting q whole.
The secretary of state shall be the clerk o
this division and shall also keep the minutes
of the court when sitting whole.
The appellate division shall be composed oi
Judges assigned thereto by the governor t.
serve therein until the expiration Of their re
spective terms, but no judge shall sit In thu
appellate division for q longer period thar
seven years consecutively nor be eligible Il
reassignment thereto until after serving for o.
least three years in the law or chancery divt
sion; provided, that during the absence Of
disability of o judge of this division, any
Judge of the court may be temporarily assign
ed to his place by the governor; q Judge ns
signed to this division shall not, during hi
term of service therein, sit in any other divt
sion or court.
4. The Judges of the court not serving In tn,
assigned by tho court sitting as whole to serv
ice In the law and ehancery divisions, respec
lively, and tho judge longest in office shall b.
tho president of the division to which he Is as
signed.
8. On the hearing OF a 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 MOI
sit as q member of the appellate division Of
have voice in the hearing.
6. In all causes In which a 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. Tho court shall convene at the call Of the
president judge, and when sitting as whole
may prescribe rules not inconsistent with
statutes an4 appoint masters and examiners
In ohancery9
g. Additional jurisdiction may be conferred
on the court or on any division thereof.
SECTION ".
l. One of the judges of the law or chancery
division of the supreme court shall BIO assigned
by the court from time to time to BIO the or
binary or surrogate general and judge of thu
prerogative court.
q The secretary of state shall BIO clerk to the
ordinary or surrogate general, and register
of the prerogative court
8. From any order or decree 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 provocative
court shall hereafter be made directly to th'
appellate division of the supreme court.
SECTION V.
/. Causes and proceedings may be com
menced and prosecuted either in the law Of
chancery divisic.a of tho supreme court &c
cording to the facts, and may be transferred
from one of said divisions to the other.
.. Circuit courts shall be held In every coun
ty OF this state by one or more judges assigned
to the law division of the supreme court an(
shall in all cases within the county. except II
those of criminal nature, have common law
jurisdiction concurrent with the law division
sof tho supreme court; and any final tudgmen
of the circuit court may be docketed in the Law
gdivision of the supreme court, and shall oper
ate as O Judgment obtained in the supreme
court in such division from the time Of such
docketng.
8. Orders refusing new trials in the circuit
courts may be reviewed by appeal in the ap'
pellate division of the supreme court.
4. Tho legislature may vest In 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. 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 tie senate
NS'NN
years. they shall, at stated times, receive for
their services an 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.
81 Strike out paragraph 9.
(9.) Change the number of paragraph TO q
Q0) Change paragraph so as to read as fol-
lows:
o. The attorney general, prosecutors of the
pleas, clerk of the law division of the supreme
court, clerk of tao ehancery division of the
supreme court, secretary of state. and keeper
of the state prison. shall DO nominated by the
governor and appointed by him with the advice
and consent of the senate; they shall hold their
offices for five years.
(ll.) Change paragraph so as to read as fol-
lows:
a. One or more reporters of judicial decision