The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1896-08-05

journals with the yeas and nays thefeol'' "Hu
referred to the legislature next to be ehoseh'
~ unfinished for three months previous to
the first Tuesday after the first Monday OF NO,
rramber next, being the third day OF salo
onth in at least one newspaper OF eacn
nonntv. to be designated by the president OF
the senate, the speaker Of the house CT assem-
bly. and the secretary of state; 81,
II. Strike out paragraph ~ of section -,
of article " and change the mum Dels Oh 'h'
following paragraphs to correspond.
(2.) Change paragraph ~ OF article W 81 az
TO read as follows: .-.-..
10. The governor, or person administrators
the government, the president Judge Oh the
sunreme court and the attorney general, oi
any two of them, may remit fines and forfeit
ures, and grant pardons and paroles altoF CON
yiction in all cases except Impeachment
~ CHANCE section of article VI, so as tc
read az follows:
The judicial power shall BIO vested In cou. .
for the trial of impeachments, supreme eoai .
q prerogative court, circuit courts anu s"IH
inferior courts as now exist and as may DC
hereafter established by law; the prerosatiVs
court the inferior courts now exlstlng an"
such as may be hereafter established by law
may be altered or abolished by the leelSia' III
as the public good shall require.
IA Strike out all Of section II, of article y l.
* Change the number of section Ill, oil ar
ticle vi, to section IL.
I8.) Strike out all of sections ", V, and VI
of article VI, and insert the following
SECTION III.
/ The supreme court shall consist OF sucf
number of Judges as the legislature snail de
termine, but there shall never DE less thal III
teen: the justices of the supreme court u
heretofore constituted, and the chancellor ant
vice chancellors in office when this provision
takes effect shall become judges OF the court
and continue as such until the expiration
the respective terms of office for which they
shall have been appointed.
@ The supreme court so constituted shal
have all the jurisdiction and powers that ar
now possessed and exercised by the court
errors and appeals. the present supreme eoart
the chancellor, the court of chancery, and thu
prerogative court, which jurisdiction ant
nowers 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 herein
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 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 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 q 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 DO president of this division and
of the court when sitting as IA 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 tho expiration OF their re-
spective terms, but no judge shall sit in the
appellate division for longer period than
seven yenrs 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 mny 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 diyi
sion or court.
4. The judges of the court not serving in tbs
appellate division shall from time to time bt
assigned by the court sitting as q whole to serv
Ice In the law and ohancery divisions respec
lively, and tho Judge longest in office shall b.
the president of the division to which he is as
signed.
5. On the hearing of q writ of error ap
peal, a Judge who has given judicial opinion
in the cause in favor of or against the judg
ment, order or decree under review, shall no
Ia hos sNF hn nnnRIlnfn division n
have o voice in the hearing.
0. In all causes in which writ of erro
could heretofore issue out of the supreme
court, such writ shall issue only out of tn
appellate division, and be determined therein
on 5The court shan convene at tho call of tn
ps&&,ident judge, and when sitting as who'll
may prescribe rules not Inconsistent will
statutes and appoint masters and examiner
In chancery.
g. Additional jurisdiction may be conferre,
on the court or on any division thereof.
SECTION ".
/. One of the judges of tho law or CHANGER,
division of the supreme court shall be asigne
by the court from time TO time to BIO the or
binary or surrogate general and judge of tn
prerogative court
g. The secretary of state shall be clerk to tn
ordinary or surrogate general, and registe
of the prerogatiye court.
8. From any order or decree of the prerogH
tive court an appeal may be taken to the al
pellats division OF the supreme court: and a
appeals now cognizable In the prerogativ
court shall hereafter BIO made directly to tn
appellate division of the supreme court,
SECTION v.
l. Causes and proceedings may be con
menced and prosecuted either in the law G
chancery division of the supreme court az
cording to the facts, and may be transferre
from one of said divisions to the other.
q Circuit courts shall be held in every couI
ty of this state by one or more judges assigne
to the law division of the supreme court, an
shall In all cases within the county. except
those Of n criminal nature, have common la
Jurisdiction concurrent with the law divisio
of the supreme court; and any final judgmer
of the circuit court may be docketed in the Ia
division of the supreme court and shall ope
ate az q Judgment obtained in the suprem
court In such division from tho time of sue
docketing.
.. Orders refusing new trials in the circu
courts may BIO reviewed by appeal in the al
pellate division of the supreme court.
4. The Legislature may vest In the circu
court chancery powers, to BIO exercised sal
1ect TO appeal to the appellate division of tn
supreme court.
a. Change paragraph of section H. of 81
ticle VII, SO as to read as follows:
]. Judges Of tho supreme court shall
nominated by the governor and appointed b
him with the advice and consent of the senate
they shall hold their offices for a term of seve
years; they shall. at stated times, receive &c
their services an equal compensation, whic
shall not be diminished during the term
their appointments, and they shall hold n
other Office under the government of this stat
or of the United States.
az Strike out paragraph 2.
o. Change the number of paragraph to
(l0.) Change paragraph so as to read as TO
lows:
Q. The attorney general, prosecutors of tn
pleas, clerk of the law division of the supren
court, clerk of the chancery division of I'll
supreme court, secretary of state, and keept
of the state prison, shall be nominated by tn
governor and appointed by him with the adviC
and consent OF the senate; they shall hold the
offices for five years.
Ol.) Change paragraph SO as to read as 70
lows:
4. One or more reporters of judicial decisio
shall be appointed by the supreme court an
shall hold office for Ave years.
(l2.l Change the number Of the succeedin
paragraphs so as to make each bear the pr
ceding number to that it now bears.
(l8.l Article X, strike out paragraph II.
tl4.) Change paragraph IL SO as to read {
follows:
II. The legislature shall pass all laws nece
sary TO carry into effect the provisions of tn
constitution and the amendments hereof.