The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1896-09-02


and nublished for three months previous to
fine 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:
III Strike out paragraph 10 of section VII
Of article ", and change the numbers OF the
following paragraphs to correspond.
(2) Change paragraph 10 of article V, so ms
to read as follows:
TO- 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 &c
read as follows:
The judicial power shall be vested in a court
for the trial Of impeachments, a supreme court,
a prerogatiye 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 ii, OF article W.
(5,j Change the number of section III, of ar
ticle VI, to section ii.
f6.) 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
terrnine, but there shall never be less than fif
teen: the Justices of the supreme court rs
heretofore constituted, and the chancellor ano
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.
q The supreme court so constituted shal
have all the jurisdiction and powers that arr
now possessed and exercised by the court OF
errors and appeals, the present supreme court
the chancellor, the court of chancery, and thu
prerogative court, which jurisdiction anC
powers shall be exercised in divisions; sucf
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 tn,
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 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 TIN
court of errors and appeals now existing ant
the Jurisdiction hereby conferred; five judges
of whom four shall be a quorum, may exercis
such jurisdiction and powers and the concur
renee of three shall be necessary to decision
The Judge OF the appellate division longes
in office shall be president of this division ant
Of the court when sitting as whole.
The secretary Of state shall be the clerk o
this division ind shall also keep the minute
of the court when sitting as whole.
The appellate division shall be composed o.
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 longer period thar
seven years conseoutively nor BIO eligible t.
reassignment thereto until after serving for a
least three years in the law or chancery divi
sion; provided, that during tho absence o
disability of o judge of this division, an,
Judge of the court may be temporarily assign
ed to his place by the governor; judge as
signed to this division shall not. during hi
term of service therein, sit in any other divi
sion or court.
4. The Judges of the court not serving In tn
appellate division shall from time to time b
assigned by the court sitting as whole to serv
ice in the law and chancery divisions, respec
lively, and the judge longest in Office shall b
the president of the division to which he is as
signed.
g. On the hearing of a writ of error or ap
peal q Judge who has given judicial opinion
in the cause in favor of or against the judg
ment, order or decree under review, shall no
sit as member of the appellate division o
have voice in the hearing.
@. In all causes in which writ OF erro
could heretofore issue out of the suprem
court, such writ shall issue only out of tn
appellate division, and be determined therein
q. The court shall convene at the call of tn
president judge, and when sitting as who'll
snsv r,Eesestbo raios mob inuOnsistene with
statutes, and appoint masters and examiner
in chancery.
8. Additional Jurisdiction may be conferre,
on the court or on any division thereof.
SECTION ".
l. One OF the judges of the law or CHANGER.
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 tn
prerogative court
O. The secretary of state shall bo clerk to tn
ordinary or surrogate general, and registe
of tho prerogative court.
3. From any order or decree of the preroga
tive court an appeal may be taken to the up
pellate division of the supreme court: and al
appeals now cognizable in tho prerogativ
court shall hereafter be made directly to tn
appellate division of the supreme court.
SECTION V.
l. Causes and proceedings may DO CON
menced and prosecuted either in the law o
chancery division of the supreme court &C
oording to the facts, and may be transferre
from one Of said divisions to the other.
2. Circuit courts shall be held In every cour
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 i
those of a criminal nature, have common 10y
jurisdiction concurrent with the law dtvisto
of the supreme court; and any final judgmen
Of tho circuit court may be docketed in the lay
division Of the supreme court, and shall opei
ate as Judgment obtained in the supreIn
court in such division from the time Of sucl
docketing.
8. Orders refusing new trials in the ciroui
courts may be reviewed by appeal in the ap
pellate division Of the supreme court.
4. The legislature may vest In the circui
court chancery powers, to be exercised SUB
ject to appeal to the appellate division Of tn
supreme court.
~ Change paragraph OF section II, Of ar
tiole VII, so as to read as follows:
l. Judges Of the supreme court shall b.
nominated by the governor and appointed b.
him with the advice and consent Of the senate
they shall hold their offices for term of sever
years: they shall, at stated times, receive TO
their services an equal compensation, whicl
shall not be diminished during the term o
their appointments and they shall hold M
other office under the government of this stat
or of the United States
49, Strike out paragraph q
(9) Change the number of paragraph to
(i0.) Change paragraph so as to read as fol
lows:
8. The attorney general, prosecutors Of TIN
pleas, clerk of the law division of the supreme
court, clerk OF the chancery division of thu
supreme court, secretary of state, and keeper
of the state prison, shall be nominated by thu
governor and appointed by him with the advice
and consent of the senate; they shall hold theii
offices for five years.
Ql.) Change paragraph SO as to read as fol
lows:
Z. One or more reporters Of judicial decision
shall be appointed by the supreme court ant
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 II now bears.
QS.l Article X, strike out paragraph IL.
QA.) Change paragraph IL so as to read o.
follows:
II. The legislature shall pass all laws neces
sary to carry into effect the provisions Of thi
constitution and the amendments hereof.