The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1909-08-31

and grant reprieves, combinations, pardons
and paroles, after conviction in all cases except
impeachment; The four 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.
(The different paragraphs of this amendment
being necessary interdependent, are considered
as one amendmentl
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 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 fo1
one year or for refusal to perform the duties
of his Office, by a 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 ".
l. The Supreme court shall be organized in
three divisions. namely, the appeals division
the law division and the chancery division. II
shall consist of presiding justice of the .ap-
peals division who shall be. styled the CHIEF
Justice a 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 serve il
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.
a. Whenever the number OF causes before
the appeals division shall be so great that the
division cannot promptly hear and determine
them the Governor shall, when authorized by
statute temporarily assign five of the justice:
of the other divisions to sit in the appeals divi
sion which shall thereupon sit in two division.
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 o.
interlocutory orders by a lesser NUMBER OF Jus
tees or by one justice; such orders to be sub
iect to revision by the appeals division.
On the hearing of cause in the appeals di
vision, no justice who has given a judicia
opinion in the cause in favor of or against the
Judgment order 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 thu
Supreme court, to be presided over by the chic
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 o.
more reporters, not exceeding three, to repor
the decisions of the court, and shall by ruiz
define his or their duties and powers. The. re
porters shall hold Office for hve years, subject
Ia wever, to removal at the discretion of tn,
court.
SECTION v.
l. 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
heretofore possessed by the Prerogative cour
on appeal, and by the ordinary appeal anC
such further appellate jurisdiction as may b,
conferred upon it by law, together with sucl
original jurisdiction as may be incident to thu
complete determination of any cause review
saving however, the right of trial by jury.
T. The Jurisdiction heretofore possessed b,
the Supreme court and the justices thereof no
hereby conferred on the appeals division, anS
the jurisdiction heretofore possessed by thu
Circuit courts and the judges thereof, and sucl
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 the sew
eral justices thereof, in accordance with rule
of practice and procedure prescribed by statute
or in the absence of statute by the Supreme
court.
a. The jurisdiction heretofore possessed b,
the Prerogative court and the ordinary, no
hereby conferred on the appeals division, anC
the Jurisdiction heretofore possessed by thu
court of Chancery and the chancellor, and sucl
further original equity jurisdiction as may b'
conferred by statute, and such further origina
jurisdiction as is now comfortable on the Prero
gative court shall be exercised by the chancerN
division and by the chancellor and the severa
justices of said division in accordance will
rules of practice and procedure prescribed by
statute, or, in the absence OF statute, by thu
Supreme court, but the justices of that division
shall be under such control and supervision by
the chancellor shall be provided by thu
Supreme court.
d. Terms of the Supreme court presided owe
by single Justice of the law division for tn,
trial of issues Joined in or brought to the Law
division of the Supreme court shall be held IL
the several counties at times fixed by the
SUPP enie court. Until so fixed, such trial term.
shall be held at the places and times now hxeC
by law for the holding of the courts of Common
Pleas in the several counties
{. 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 chancerv division TO the law division of the
Supreme court and from the county court tC
the law division the chancery division of tht
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 powe1
or jurisdiction conferred upon any court OF
judge since the adoption of the Constitution IL
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
cised by or which may now be conferred upor
the inferior courts mentioned in section Of
Article VI of the Constitution CT Is44.
SECTION VI.
The county courts shall have and exercise II
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
exercised by the courts of Common Pleas, Or
phans' courts courts of Oyer and Termi ner
courts of Quarter Sessions, 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
lily now vested III any court, Judge Ut uaS1S
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 it 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 OF 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
judge shall be entered as that oil the division OF
court to which the suit or proceeding shall have
been transferred.
Fifth-Strike out paragraphs 1, 2, S and OF
section ii of Article VII and substitute the fol
lowing paragraphs in place of paragraphs and
2 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-hve years of age, and shall have
been practicing attorneys in the state for al
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 III the practice OF
law during their term of office. The chancellor
aud the chief justice OF the Supreme court, and