The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1909-08-17

pointed shall hold Office for five years, and re-
shall not be diminished during the term of their
appointment.
THIRD AMENDMENT.
THIS AMENDMENT.
(The different paragraphs of this amendment
being necessary interdependent, are considered
as one amendment.)
Change Section of Article VI so as to read as
follows:
SECTION I.
The judicial power shall be vested in a court
for the trial of impeachments, Supreme court
county courts, and such other courts inferior
to the Supreme court, as may be established by
law, which inferior courts the legislature may
alter or abolish as the public good shall require
Strike out all of Sections II, ", v, VI, and
VII of Article W. change the number of Section
III of Article VI to Section II, and insert the
following sections in Article VI:
SECTION ILL.,
Any judge of any of the courts of the state
may be removed for disability continuing for
one year, or for refusal to perform the duties
of his Office by vote of two-thirds of all the
members of the Senate and of two-thirds of all
the members of the House of Assembly voting
separately, after a hearing before both Houses
in joint session.
SECTION ".
!. The Supreme court shall be organized in
three divisions. namely, the appeals division,
the law division and the chancery division. 1t
shall consist of presiding justice of the ap-
peals division who shall be styled the chief
justice, presiding justice of the law division
who shall be styled the president justice, and a
presiding Justice of the chancery division, who
shall be styled the chancellor, and eighteen as
sociate justices, which number may be increas-
ed by law.
g. The appeals division shall consist of the
chief justice. and six other justices of the
Supreme court to be assigned by the Governor.
Justice of the Supreme court assigned by the
Governor to the appeals division shall serve in
said division until the end of his term.
The remaining justices shall be assigned by
the Supreme court to the law or chancery divi-
sion, as the business of the court may require.
3. Whenever the number of causes before
the appeals division sh all be so great that the
division cannot promptly hear and determine
them, the Governor shall, when authorized by
statute, temporarily assign five of the justices
of the other divisions to sit in the appeals divi
sion which shall thereupon sit in two divisions
for the hearing and decision of causes pending
at the time of such assignment.
d. Four justices shall be necessary to con
stitute quorum on the final hearing of any
cause in the appeals division, but the Supreme
court may provide by rule for the making OF
interlocutory orders by lesser number of JUS
tees or by one justice such orders to be sub
ject to revision by the appeals division.
On the hearing of cause in the appeals di-
vision no Justice who has given q judicial
opinion in the cause in favor of or against the
judgment, order or decree under review shall
sit at the hearing to review such Judgment
order or decree, but the reasons for such opin-
ion shall be assigned to the court in writing.
S. majority of all the members of the
Supreme court, to be presided over by the CHIEF
justices, shall constitute quorum for the as.
signment of justices, and for the appointment
of officers, and the enactment of rules.
6. The Supreme court shall appoint one OF
more reporters, not exceeding three, to report
the decisions of the court, and shall by rule
define his or their duties and powers. The re-
porters shall hold Office for five years, subject
court.
SECTION v.
I. The appeals division shall have and exer-
else the appellate jurisdiction heretofore poses
sed by the court of Errors and Appeals the iur-
isdiction heretofore possessed by the Supreme
court on writ of error, and the Jurisdiction
heretofore possessed by the Provocative court
on appeal, and by the ordinary on appeal and
such further appellate jurisdiction as may be
conferred upon it by law, together with such
original jurisdiction as may be incident to the
complete determination of any cause on review
saving however, the right of trial by jury.
2. The jurisdiction heretofore possessed by
the Supreme court and the justices thereof not
hereby conferred on the appeals division and
the jurisdiction heretofore possessed by the
Circuit courts and the judges thereof and such
further original jurisdiction not of an equit-
able nature, and such further appellate iuris-
diction from inferior courts as may be confer
division of the Supreme court and by the sew
eral justices thereof, in accordance with rules
of practice and procedure prescribed by statute,
or in the absence of statute by the Supreme
court.
g. The jurisdiction heretofore possessed bv
the Prerogative court and the ordinary, not
hereby conferred on the appeals division and
the jurisdiction heretofore possessed by the
court of Chancery and the chancellor and such
further original equity jurisdiction as NAV be
conferred by statute, and such further original
fcdf q Ne
gative court shall be exercised by the chancery
division and by the chancellor and the several
justices of said division in accordance with
rules of practice and procedure prescribed by
statute, or, in the absence of statute by the
Supreme court but the justices of that division
shall be under such control and supervision by
the chancellor as shall be provided by the
Supreme court.
a. Terms of the Supreme court presided over
by single justice of the law division for the
trial of issues Joined in or brought to the law
the several counties at times fixed by the
Supreme court. Until so fixed, such trial terms
shall be held at the places and times now fixed
by law for the holding of the courts of Common
Pleas in the several counties.
S. The Supreme court may provide by rule
for the transfer Of any cause or issue from the
law division to the chancery division or from
the chancery division TO the law division of the
Supreme court, and from the county court to
the law division or the chancery division of the
Supreme court, and for the giving of complete
legal and equitable relief in any cause in the
court or division where it may be pending
6. Nothing herein contained shall prevent
the alteration, by law, of any statutory power
or jurisdiction conferred upon any court or
Judge since the adoption of the Constitution in
the year one thousand eight hundred and forty
four and nothing herein contained shall pre-
vent the legislature from comforting upon auy
inferior court which may hereafter be estab-
lished such power or jurisdiction as was exer-
cised by or which may now be conferred upon
the inferior courts mentioned in section of
Article VI of the Constitution Of 1874.
SECTION VI.
The county courts shall have and exercise in
all cases within the county such original common
law jurisdiction concurrent with the Supreme
court and such other Jurisdiction heretofore ex-
ercised by courts inferior to the Supreme court
and the Prerogative court as may be provided
by law. The final judgments of the county
courts may be brought for review before the
Supreme court In the appeals division. Until
provided, the Jurisdiction heretofore
exercised by the courts of Common Pleas Or
phaus' courts, courts of Oyer and Terminer,
courts of Quarter Sessions, or by the Judges
thereof shall be exercised by the county courts
pursuant to rules prescribed by the Supreme
court. The justices of the law division of the
Supreme court shall be ex officio Judges of the
county courts All other Jurisdiction or author
ity now vested in any court, judge or magis-
trate with jurisdiction inferior to the courts
in this section mentioned, and not superseded
by this article shall continue to be exercised by
such court, judge or magistrate until the Leg
islature shall otherwise provide.
SECTION VII.
This amendment to the Constitution shall not
cause the abatement of any suit or proceeding
pending when 1t takes effect. The Supreme
court shall make such general and special rules
and orders as may be necessary for the transfer
of all suits and proceedings to the appropriate
division or court created by this amendment
Matters pending when this amendment takes
effect shall be decided by the judge or judges to
whom they were submitted, and the order,
Judgment or decree made or advised by said
Judge shall be entered as that of the division or
court to which the suit or proceeding shall have
been transferred.
Fifth-Strike out paragraphs l, z, S and of
section II of Article VII and substitute the fol-
lowing paragraphs in place of paragraphs l and
p and change the numbers of the paragraphs
following to correspond
l. The chief justice of the Supreme court
the president justice of the law division, the
chancellor and the associate justices of the
Supreme court shall be nominated by the Gov
ernor and appointed by him, with the advice
and consent of the Senate. They shall not be
less than thirty years of age, and shall have
been practicing attorneys in the state for at
least ten years They shall hold Office for the
term of seven years; shall. at stated times,
ceive for their services a compensation which
shall not be diminished during their term of
Office, and they shall hold no other Office under
the government of the state, or of the United
States, and shall not engage in the practice of
law during their term of Office. The chancellor
and the chief Justice of the SuDreme court and