The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1896-08-26

.ra berebv proposed, and when the same shall
% 3. oereed to by majority of the members
aIactad to the senate and house OF assembly,
tha said amendments shall be entered ON their
mammals. with the yeas and nays thereon, aho
referred to the legislature next to be chosen'
and published for three months previous to
the The srst Tuesday after the first Monday Of No.
,,a1,ber next, being the third day of said
,nontb In at least one newspapers of each
county. to be designated by the president Of
tbe senate, the speaker of the house'o of Assem-
blv. and the secretary of state:
n Strike out paragraph ~ OF section VIII
~ article W. and change the numbers OF the
Sollowinp paragraphs to correspond.
II2l Change paragraph 10 of article v, 30 as
TO read as follows:
M The governor, or person administering
the government, the president judge OF INC
asnbreme court and the attorney general OF
any twoiof them, may remit fines and forfeit
ures. and grant pardons and paroles, after con
viction in all cases except impeachment.
ny Change section of article VI so as &c
read as follows:
The judicial power shall be vested in court
for the trial Of impeachments, supreme court.
a nreropatiye court circuit courts, and such
inferior courts as now exist and as may be
hereafter established by law; the prerogatlVe
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
+ f51 Change the number of section III, of ar
ticle VI. TO section II.
Ge) Strike out all of sections w. " and vi,
of article VI, and insert the following;
SECTION III.
I 1, The supreme court shall consist OF such
number of Judges as the legislature snail De
ter,nine but there shall never be less than If
kba it1cfi 0f supreme
heretofore constituted, and the chancellor ana
vice chancellors in office when this provision
+ takes effect shall become judges of the court,
and continue as such until the expiration oil
/ the respective terms OF office for which they
shall have been appointed.
2. 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 ana
powers shall be exercised in divisions; such
divisions shall be:
/, First, Law division, in which shall BIO 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 ex
+ istinQ 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
oourt of errors and appeals now existing and
hars oOt1fa ind
of whom four shall be a quorum, may exercise
such jurisdiction and powers, and the concur
renee of three shall be necessary to q 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 the1eourt 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 q longer period than
seven years consecutiyely nor DO eligible to
reinstatement thereto until after serving for at
least three years In the law or chancery diyi-
sion; provided, that during the absence or
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
sion or conrt.
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 ohancery divisions, respee-
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 up
peal, Judge who has given o judicial opinion
in the cause in favor of or against the judg-
ment, order or decree under review, shall not
sit as member Of the appellate division or
have voice in the hearing.
Q. 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.
'. 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.
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 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.
q g. 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 all
appeals now oognizable In the prerogatiye
court shall hereafter be made directly to the
appellate division of the supreme court
I. SECTION v.
s. l. Causes and proceedings may be com.
menced and prosecuted either in the law or
, chancery division of the supreme court ac-
cording to tho facts, and may be transferred
from one Of said divisions to the other.
q. Circuit courts shall be held in every coun-
j sty Of this state by one more judges assigned
J. to the law division of the supreme court, and
shall In all cases within the county, except In
those of q criminal nature, have common law
: jurisdiction concurrent with the law division
of the supreme court: and any final Judgment
4. of the circuit court may be docketed in the law
division Of the supreme court. and shall oper-
ate as O. 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 APP
pellate division of the supreme court
4 The legislature may vest in the circuit
court chancery powers, to be exercised sub
= 3ect 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 an equal compensation. which
shall not be diminished during the term of
their appointments. and they shall hold no
.othar office under the government of thia state