The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-18

% SUCH COMMISSIONER SubiS. "
members o. the bar Of not less than ten
e attorneys or counselors in sny court Of
shall held ofnce during. the pleasure e
sSe respective appellate divisions BY when
cnsy shall have been appointed; sup.sme
snce In office shall mot hold any other
once o. public trust.
Abstract.-To relieve the courts from
lions furnish a means Of conducting pro-
ceedlnss for the condemnation OF. land,
wnere the compensation Is not paid by the
the present system. and to provide a stand
ing body OF competent masters or referees,
sec.ion eight authorizes the appointment
~ inc respective appellate divisions IN the
nrst and second departments, for each Of
me counties therein within the city OF
New York. Of supreme court commission
ers. 10 such number a. they may deem
necessary. and with the approval of the
ooard or I'M and appor'ionment TO
nM ,heIr compensation, which shall DC uni,
FORM IN each county. and a charge against
INC city. Tho legislature Is empowered 10
nutnorize the appointment OF such com;
missioners In the third and fourth judicial
departments and in the counties In the
New York.
Section III o. The court Of appeals is
continued. 1t shall consist OF the CHIEF
who shall hold their offices until the ex.
piration OF their respective terms, and
their successors. who shall be chosen by
tbe electors OF the state I'll. and 81 the
thre. justices Of the supreme court now
serving a. associate Judges Of the court Of
ss :h.S1Iy %SSs'':n: .s By ~. soss'r ~:
the terms for which they respectively were
their successor. who shall be chosen by
the ~elector. Of the state. The official
terms 81 he chief Judge and associate
Judges shall be fourteen years from and
lnclndine Tho nrst day OF January next
after 1heir election. No more than seven
Jnases shall st In any case. Five mem
a quorum. and the concurrence of four
shal! be necessary to n decision. The
court shall have power TO appoint and TO
.emove its reporter. clerk and attendants.
In case Of the Temporary absence or In
ability to act af amy judse Of tho court Of
srrea,s' the court may OBSTINATE any Jus
socAAte Judge of the court 81 appeals, dur.
ing such absence or inability TO act. hut
In any year. For the purpose Of disposins
with reasonable speed Of the accumulation
81 csuses now pending In the court 81 APP
o. Marrh, ONE Thousand mine hundred and
sixteen. shall designate not lee. han four
nos more than -is Justice. Of the suprem.
court to serve ms associate judges 81 the
on III .c.l.ndsr sSsii b. rri"csd 10 one
s s"%ds ssy OFT p no. ,s.rr on as.s sh. sss a"i nis.
return to the supreme court. While serv-
y. !" scs s .S.ii e e s% 1eiiss.d t 81 ,I SsT''S Ss;, =.
a. justices Of the supreme court. During
such period h court Of appeals shall alt
of not more than seven judges. five of
whom shall censtitut~ y qnorum. the rom
cn,rcnce Of four helm. necessary to . de-
cision. The chief Judge shall from time
e time designate tho associate Judges Of
the court Of appeal. and tho ~ju.tice. Of
isS ..r Of n. r c""s. . :i .~pe. I: !. ..'s q, n
the respective parts Of the court. In such
manner that the justices Of the supreme
equally as may he between the two parts.
The chief Judge may prcside In either
p.rt. and he shall d.,isuate the Judge
10 not present. The causes pending In the
court o. appeals shall he distributed by
the chief Judge ~ nearly equally - may
The court 81 appeals .hali cause . cal
-ndsr Of appeals pending therein TO be
s ".@e ~ Whs nsS,.:"s g" I, y. '1 sr., o %.s ~ = jan. jam
usry In. any year after the present ac-
cumulaticn Of causes ~ the court Of sp-
provided. there shall be mor- than
Ave hundred causes pending undi.pc--d Of
on the calendar. the court shall In the
of the supreme court 10 serve as associate
Judges II the court Of appeals. and shall
III in two part.; the pending cause. shall
he distributed between the parts for dis
p~ositioa until the number Of causes pend
Ing On the calendar shml he reduced TO
one hundred; but not later th:s until the
such Designations. w~hereupon the Justices
30 designated shall return to the supreme
court
In Gaze Of the death. resignation or
other disability u any ~ the Justices Of
the suprem~ court designated to serve rs
associate Judges Of the court ~ appeals
~ In this article provided. the court 81
appeals shall designate u Justice Of the
supreme court 20 serve In hi. place In like
manner ss u originally 81 designated. Zach
Of the Justices Of the supreme court while
serving ms associate Judge Of the court Of
appeals ~ herein pro, ided shall receive
the elected associate Judges Of the court
81 appeals. Upon the termination Of the
designation Of = Justice Of the supreme
appeals who when 50 designated was q
Justice OF An appellate diSi.ion, he shall
return to such appellate division unle..
have expired and shall not have been re-
newell by the governor. The appellate
division may de.iEnst" other Justices 81
division during the absence Of regularly
GNsigned justices Of such division serving
In cn~e the bu.ine.- Of the appellate divi-
sion shall render such action necessary.
Whenever and "a often a. a majority OF
the Judges OF tNe court of appeals shall
certify to the governor that said court Is
unable. by reason 81 the accumulation Of
causes pending therein, to hear and dis
pose Of the same with reasonable speed.
he governor shall designate no, more
to serve as associat" Judges of the court
OF appeals. Tho Justices 50 designated
shall he relieved from their duties as ius-
tees OF the supreme court and shall serve
as associate Judges % the court OF APP
peals until the cause, undisposed Of in
said court are reduced to two hundred.
when they shall return to the supreme
court. The governor may designate JUS
tees Of The supreme court to M vacancies
OF the court OF appeals except while hold
Ing the office Of justice OF the supreme
court. and no more than seven Judges
shall sit In any easel
Abstract.-To enable the court Of APP
peals to dispose Of Its business without
delays which now occur In reaching
cases for hearing. II is provided by the
amendment to this section hat the court
shall he permanently composed OF ten
instead of seven AS at present. For
several years past three supreme court JUS
peals by designation OF the governor, and
the three justices at present 80 serving are
continued as judges OF that court until the
nee, their successors TO be chosen by the
electors OF the state. The court Is further
authorized to designate any Justice = the
supreme court TO serve during the ,oin-
porHry absence OF inability Of a regularly
assigned justice, but for not more than four
OF disposing with reasonable speed Of an
accumulation OF upwards Of GOO causes now
pending in the court OF appea.s. the court
is required on or before March !. 1915. to
call in not less than four. nor more than
six justices OF the supreme court to 81, as
associate judges OF the court of appeals
until the number Of pending cases shall
be reduced to one hundred, but not later
than December 81. 1917, when they shall
to the supreme court. During such
period, the court Ia required to sit In two
parts of seven Judges each, hve Of whom
shall form "A quorum. The Justices Of he
court SO sitting shall be- divided
as equally az MAJ be between the two