The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1909-09-07

impeachment. Inc 1OuT members specially ap-
pointed shall hold Office for five years, and re
ceive for their services a compensation which
shall not be diminished during the term of their
appointment.
THIRD AMENDMENT.
THIS AMENDMENT.
1.-THE different paragraphs of this amendment
being necessary interdependent, considered
one amendment.)
Change Section I 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 abolish as the public good shall require.
Strike out all of Sections II, ", 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 W.
l.. The Supreme court shall be organized in
three, divisions. namely the appeals division
the law division and the chancery division. 1t
shall consist of a 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.
2. 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 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 NAV 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.
a. 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
tices or by one justice; such orders to be sub
ject to revision by the appeals division.
On the nearing OF cause IN the appeals d1-
vision, no justice who has given a 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. 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.
6. The Supreme court shall appoint one or
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.
I. 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 on writ of error, and the jurisdiction
heretofore possessed by the Prerogative 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 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
red by statute, shall be exercised by the law
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 by
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 chaucery
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.
q. 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 fixed
by law for the holding of the courts of Comm
Pleas in the several counties.
E The Supreme court NAV provide by rule
for the transfer Of any cause or issue from the
law division to the chancery division or from
the chancerv division to the law division of the
Supreme court and from the county court to
the law division or the chancery division of the
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 any
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 section I a
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
otherwise provided, the Jurisdiction heretofore
phans 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 oficio Judges of the
county courts. All other jurisdiction or author
ity now vested in any court, judge or maRis-
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 proceeding
pending when it takes effect The Supreme
court shall make such general and special rules
and orders may be necessary for the transfer
of all snts 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 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 1, 2, and 8 of
section IL of Article VII and substitute the fol-
lowing paragraphs in place of paragraphs and
e. 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
and consent of the Senate. They shall not be
less than thirtyhve 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, re-
ceive for their services 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