The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1909-08-24

YEATS,
ceive for their services a compensation which
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 l.
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 H. ", v, VI, and
VII of Article VI, change the number of Section
III of Article VI to Section II, and insert the
| following sections in Article VI:
SECTION III.
| 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 hearing before both Houses
/ in joint session.
SECTION ".
1. 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.
a. The appeals division shall consist of the
chief justice. and six other justices of the
Supreme court to be assigned by the Governor.
A Justice of the Supreme court assigned by the
Governor to the appeals division shall in
said division until the end of his term.
The remaining justices shall be assigned by
the Supreme court to the law chancery divi-
sion, as the business of the court may require.
3. Whenever the number of causes before
the appeals division sh all be great that the
division cannot promptly hear and determine
them the Governor shall when authorized by
statute, temporarily assign FIVE of the justices
sion, which shall thereupon sit in two divisions
| for the hearing and decision of causes pending
| at the time of such assignment.
4. Four justices shall be necessary to con-
stitute quorum on the final hearing of any
cause i'll the appeals division but the Supreme
court may provide by rule for the making of
interlocutory orders by a lesser NUMBER OF 1us-
/ 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, justice who has given a judicial
| opinion in the cause in favor of 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. A majority of all the members of the
Supreme court, to be presided over by the chief
justices, shall constitute quorum for the as
signment ofjustices, and for the appointment
of officers and the enactment of rules
g. The Supreme court shall appoint one or
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 hve years, subject
hawever, to removal at the discretion of the
court
SECTION v.
1. The appeals division shall have and exer-
else the appellate jurisdiction heretofore poses
sed by the court of Errors and Appeals, the jur-
isdiction heretofore possessed by the Supreme
court writ of error, and the jurisdiction
heretofore possessed by the Provocative court
OH 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 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 juris-
diction from inferior courts as may be confer
| red by statute, shall be exercised by the law
division of the Supreme court and by 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 may be
conferred by statute, and such further original
jurisdiction as is now comfortable on the Prero
gative court shall be exercised by the chancery
division and bV the chancellor and the
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
division of the Supreme court shall be held in
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 i'll the several counties.
5. The Supreme court may provide by rule
for the transfer of any cause or issue from the
law division to the chancery division, 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.
8. 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 any
inferior court which may hereafter be estab-
lished such power or jurisdiction as was exer-
cised by or which may be conferred upon
the inferior courts mentioned in section / of
Article VI of the Constitution CT 1874.
SECTION VI.
The county courts shall have and exercise, in
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
exercised by the courts of Common Pleas, Or
phans courts, courts of Oyer and Terminer
courts Of Quarter Sessions, or by the judges
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
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 |
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 I, g. S and of
section II of Article VII and substitute the fol-
lowing paragraphs in place of paragraphs and
g. and change the numbers of the paragraphs
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
aud consent of the Senate. They shall not be
less than thirty-ive years of age, and shall have
been practicing attorneys in the state for at
east ten years. They shall hold office for the
erm of seven years; shall, at stated times, re-
GIVE for their services compensation which |
hall not be diminished during their term of
,fice, and they shall hold no other office under
he government of the state, of the United