The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-11

6uCn VOunua1hBShOtlVEv BUZZ "
membere Of the bas Of not less. than tel
YEAR, standing. They shall not practic
g attorneys Or counselors In any court o
shall hold office during the pleasure .
ne respsstive appellate divisions By whicl
e soey ' soM ncvc been spPc!nssd; s s"p,;r"
sSss n '" oss:: sssi, d NOT ho aSf' any So" ssse
once or public trust.
Abstraot-To relieve the courts from
.ne consideration Of many procedural mo
tions' furnish q means Of conducting pro
ceedinss for the condemnation of land
where the compensation is not paid by tn
state. Without the expense and delay Q
Ing body OF competent masters or referees
seetion eight authorizes the appointment
~ the respective appellate divisions In. tn
ths ana second departments Tor eacn O.
New York. of supreme court commission
s.s. 70 such number as they may deem
necessary. and with the approval Of tn
eoard or estimate and apportlonment. e
TX their compensation, which. shall be uni
FORM In each county. and n charge agains'
inc city. The legislature is empowered e
autnorize the appointment OF such com,
missioners In the third and fourth judicia
departments and In the counties in thu
second department not within the city OF
New York.
SECTION ~ o.. Tho court OF. appeals I,
Judge and associate Judges now In office
who shall hold their Offices until the ex.
pirstion OF their respective terms, and
!heir successors. who shall be chosen b,
the electors OF the state RI. and Of the
three justices Of the smpremc court nov
serving as associate Judges Of the court Of
VII" sh.iiii e Ss': .ssosi%.e D judges .ns ss0 u Il,
court Of appeals until the expiration Of
the terms for which they respectively were
tSeIr sSccssses- .. Who hoe ,%n .iieS b. c chosen "S 81
isIms q the chief Judge and associas.
Including. the first day Of January mex,
after their election. No more than seven
Judges shall sit In amy cnse. Five mem
oers OF the court shall tforml constitute
a quorum, and tho concurrence OF four
shaIl be necessary to "A decision. The
court shan have power TO appoint and to
,,s r Its rSpor,er clerk and attendants
sbIIIty to act Of any judge Of the court Of
,.ppes!s' the court may dcslGnste any jus-
tlcs o. thc supreme court TO serve. as AS
ing such absence Or Inability 20 act. but
or q period not exceeding four months
w any year. For the purpose Of dispo.inE
Ut causes now pending In the court Of APP
pcais. the court on or before the first day
o. March; one thousand nine hundred and
nor more than ak justices Of the supreme
court TO serve Ms associate Judges Of the
court Of appeals until the causes pending
hundred but not later than the thirty
arst day Of December, one thousand nine
and seventeen. when they sha,l
ing. In the court Of appeals, the justices 50
designated shall he relieved Of their duties
a. Justices Of the supreme court. During
IN ~" " parts. ~" s.c iHo y S %ni %S's s%s,i H" consist II
81 not more than seven Judges. 1--WE Of
shaii constitute . quorum. the con-
cislon. The chief Judge shall from tune
70 lime designate the associate Judges Of
the court of appeals and the justices Of
Judges Of the court Of sppeai. to st In
the respective parts Of the court. In such
manner that the Justices Of the supreme
q. may he between the two parts.
The chief judge may preside In either
p.rt. and ne shall designate the Judge
Is NOT present. The cause. pending in the
court ~ appeals shall he distributed by
The chief Judge u. nearly equally as may
The court Of sppeai. h a cause . ."i.
made and published ut irn.t once In ~ach
nary In snS year ." .it nr mr." n. I nr,.. or 's s".
rumulRtion Of causes In the cOurt of M
peal. shall have been di.po-~d Of rs above
provided: there shall be 'nor- than
On the calendar. the court shall In the
manner above provided designate Justices
the supreme court to serve q. associate
Judges of the court Of appeals. and shall
1T In two parts: the pending cnus~s shall
BE- distributed between the parts for dis
until the number Of cause. pend
ms an the calendar shall he reduced 20
Dne hundred. but not later than until the
aspiration OF ONe year from the date Of
such designations wh~reupOn the Justices
~ designated shall return To the supreme
rOtrt.
In case Of the death. rcsirnntion or
Dthrr disability Of any ~ the Justiu.- ~
he supreme court designated To serve a-
aSsnatANa taaslR.S nE aL.. s.uRf 80 ....I-
~ In TIL. article provided. the court of
appeals shall designate u Justice Of thu
rourt 10 serve In hi. place In like
manner ~ u originally 81 d~--isnst-d. Each
II the Justices Of the supreme court while
ms as-ociate judge 81 The court Of
appeal. -. herein provided shall receive
rom the state the same compensation as
he elected associate judges of the court
u appeals. lpon the termination Of the
resignation of u Justice ~ the supreme
'ourt as associate judge Of the court Of
appeals who when 80 'esignated was q
Justice Of mn appellate division. he shall
'eturn 20 such appellate division unless
expired aud shall not have been re-
by the sr'rrnor. The appellate
may designate other Justice. of
he supreme court to sit In the appellate
during the absence Of regularly
Justices Of such III, L,ion serving
- associate Judges Of the court 81 appeals.
n case the busincs- ~ the appellate dI>t-
Ion shall render such action necessary.
Whenever and as often as "A ma iurity of
he Judges OF the court Of appeals shall
Gritty 10 III" governor that said court Is
10y reason OF the accumulation Of
'auses pending therein. to hear and dis
81 the same win reasonable" speed.
b" governor shah designate not more
han four justices OF the suprrin. court
O serve as associate Judges OF thu court
& appeals. Tho justices sn designated
hail be relieved from their duties ss JUS
ices OF IN" supreme court and shall sprv,
associate ittges of the court OF APP
reals until thu causes undisposei OF in
aid court are reduced 10 two hundred.
when they shall return to the supreme
ourt. The governor may dcslrnsIe ius-
Ices OF the supreme court 10 M vacancies.
so justice shall serve as associate Judge
ng the office OF Justice OF The supreme
'ourt. and no more than seven Judges
hall cit In any case
Abstract.-To en- ole the court OF ap-
'eais to dispose OF ITS business without
Ielays which now occur In reaching
for hearing, IL Is provided by The
amendment 10 this section that the court
hall be permanently mpo. OF ten
years past three supreme court Jus.
Ices have been sitting In the court OF APP
he three Justices at present so s-rN."g are
as Judges OF that court until the
EXPIRATION OF their respective terms OF OF.
lee. their successors To- be chosen hy Tho
10 designate any Justice OF The
uprem- court to serve during the TOM
atsen"e or inability II a regularly
ssigned justice but for not ilorc than four
months IA any year, For the purpose
{ disposing with reasonable speed of an
ccumulation Of upwards OF 600 causes now
In the court Of appeals, the court
required ON ar before March /, 1916. TO
all In not lee than four. nor more than
tx justices Of the supreme cour, to sit as
ssociate Judges OF the court Of appeais
ntli the number Of pending cases shall
- reduced to ono hundred. hut not later
December 81. 1917. when they snail
rturn Ia the supreme court. During such
eriod. Tho court Is required TO sit in two
arts OF seven Judges cnch' hNe OF whom
.preme court 80 sitting shall be divided
5 equally ms may he between the two
rIbutej as nearly Equally ma NAV ~,
ctween the two parts OF the court. To