The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1896-07-29

- aIooted to the senate and house OF assehiDl
tba said amendments shall be entered on tn l
journals, with the yeas ana hhys ,i otosa
ssosorred to the legislature next TO be chose
rel ssh1isbed for three months previous
~ ~ arst Tuesday after the first Monday OF N
,,a,ober next being the third DAY OF sa
nth in at least one newspaper OF ea'
o 10 be designated by the president
tbe senate. the speaker of the house OF "ssoii
hIv and the secretary OF state: ~,
~ strike out paragraph III OF section ' i
;, -, articie w and change the numbers OF III
Following paragraphs to correspoha;
12) Change paragraph 10 of article " ~ 4
. to read as follows ...u,r
&C " N The governor, or person administerln
= rho government, tho president judge OF III
y supreme court and the attorney genera, y
. any two of them, may remit hhes ai1. NJ. ~. -,
, ures and grant pardons and paroles, i'er o'i'
,,iotjon in All cases except impeachment.
70 y Change section of article VI, so as u
read as follows:
Tho iudicial power shall be vested IN u eouI
o., e., trial of impeaohments, supreme court
a nrerogative court, circuit courts ana slSi
| 1nfarior courts as now exist and rs may pe
hereafter established by law; the preIos"ei' Wv :
court the inferior courts now eXlstins anu
such as may be hereafter esbapilshsu . go
| NAV be altered or abolished by the ies i'4''' -
! as the public good shall require:
| IA strike out all Of section ii, OF articio d
| f51 Change tho number Of section ILL., OF az
! ticlo W. to section IL w " I'D VT
| I61 Strike out all of sections ~, W anu l.
| of article VI, and insert the toIio"AhE
SECTION III.
, u,t,o s,,,rape court shall consist OF such
number of Judges as the legislature snail ae
termine, but there shall never be less 'hah ~
teen: the justices of the supreme couiP "s
heretofore constituted, and the cnanceIlor anu
vice cbancellors in office when this provision
takes effect. shall become judges of the court.
and continue as such until the expiration OF
fine resnectiye terms of office for which they
shall have been appointed
e. The supreme court so constituted shaii
have all the jurisdiction and powers that are
now possessed and exercised by the court oil
errors and appeals, the present supreme court,
the chancellor, the court of chancery, and the
prerogative court, which jurisdiction ana
mowers shall DO exercised in divisions; such
divisions shall be:
First. Law division, in which shall DO exer'
oised the jurisdiction and powers OF tho su'
preme court now existing except as herein
otherwise provided; two or more judges sle-
ting together may have and exercise such
| jurisdiction and powers.
The clerk of the supreme court as heretofore
constituted shall be tho 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'
| isting. 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
renee of three shall be necessary to decision
The Judge of the appellate division longes
in office shall BIO president Of this division ant
Of the court when sitting as whole
The secretary of state shall be the clerk o
this division and shall also keep the minute
of the court when sitting as n whole.
The appellate division shall be composed o
Judges assigned thereto by the governor +
serve therein until the expiration of their re
spective terms, but no judge shall sit IN tn
appellate division for n longer period thai
seven years consecutively nor be eligible +
reassignment thereto until after serving for a
least three years in the law or chancery divi
sion; provided, that during the absence o
| disability of 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 III any other olVl
| sion or court.
A. The Judges of the court not serving in til
: appellate division shall from time to time
. 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
the president OF the division to which he is as
u signed.
s. On the hearing OF writ of error or ap
! peal, judge who hns given a judicial opinio
' in the cause in favor of against the iudg
= ment, order or decree under review, shall no
sit as q member of the appellate division o
have a voice in the hearing.
u Q. In all causes in which writ of erro
10 could heretofore issue ont of the supreme
!. court, such writ shall issue only out of tn
" appellate division and be determined therein
10 Z. Tho court shall convene at the call of tn,
u president Judge and when sitting as o Who'll,
~ may prescribe rules not inconsistent witt
% statutes, and appoint masters and examiners
% in chancery.
NO 8. Additional jurisdiction may be conferred
no on the court on any division thereof.
g. SECTION ".
an !. One of tho judges of the law or CHANGER,
re- division of the supreme court shall be assigned
X by the court from time to time to be the or
"a. binary surrogate general and Judge of tn,
NJ prerogative court.
he 2 The secretary of state shall be clerk to thu
NO ordinary or surrogate general and register
re Of tho prerogative court.
IN. 0. From any order decree of the preroga
*. tive court an appeal may be taken to the ap
pellate division of the supreme court; and al
k. appeals now cognizable In the prerogatv
court shall hereafter be made directly to tn,
,le appellate division of tho supreme court.
SECTION V.
m l. Causes and proceedings may be com
cd menced and prosecuted either in the law O
no chancery division of the supreme court &c
N cording to the facts, and may be TRANSFORMS
es from one of said divisions to the other.
he 2. Circuit courts shall be held in every coun
air ty OF this state by one or more Judges assigne
on | to the law division of the supreme court, an
m shall in all cases within the county, except |
| n n init ma rra hnxto
to jurisdiction concurrent with the law divisio
OF the supreme court. and any final judgmer
zee OF the circuit court may be docketed in the la
III division of the supreme court, and shall ope
re- ate as O Judgment obtained In the supren
ur court in such division from the time of sucl
of dooketing.
nd 0. Orders refusing new trials in the circui
ay courts may be reviewed by appeal in the ar
all pellate division of the supreme court.
ur d. The legislature may vest in the circui
we eourt chancery powers, to be exercised sui
to 1eot to appeal to the appellate division of III
ng supreme court.
90 Change paragraph of section H. of a
ticle VII, so as to read as follows:
/. Judges of the supreme court shall
nominated by the governor and appointed
him with the advice and consent of the senat
IT. they shall hold their offices for q term of sevt
years; they shall, at stated times receive Il
their services an equal compensation, viii,
- shall not be diminished during the term
their appointments, and they shall hold !
au other office under the government of this sta
az or of the United States.
~ 49, Strike out paragraph 3
~, (9.) Change the number of paragraph to
"a O0.) Change paragraph 80 as to read as Il
M lows:
e. g. The attorney general, prosecutors of t
~ | pleas, clerk of the law division of tho suprer
~, court, clerk of the chancery division of Il
~ supreme court secretary of state. and keep
'e as of the state prison, shall be nominated by t
30 governor and appointed by him with the advi
-" and consent of the senate; they shall hold tn,
.,o offices for five years.
o (ll) Change paragraph so Us to read as +
l.. lows:
% 4. One OF more reporters of judicial decisi
Ia shall be appointed by the supreme court q
az shall hold office for five years.
"a (l2) Change the number of the succeed
. e, paragraphs SO 20 make each bear the D
ny ceding number to that IL now bears.
~ tl8.) Article X, strike out paragraph II.
.Ae Q4) Change paragraph IL SO as to read
ded follows:
II. The legislature shall pass all laws nee
aary tn carry into affact tho t,rovioio,,s % =