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

decision made by him or by any court ot
s sh,'n The he T s..,, ns nse Il, r'm equity Z ,'' snss. m sssii
and. except as herein otherwise provided.
to alter ' aaS fe snns, n; sss i%r,.si %i and
Procsedinss in law and In equity that II
xbstrsee'e"nye S IRIS sac,,cn a. amended
or Justice sitting in the appellate, division
decision made by him or by any court Of
which he was at the time |. sitting mem
s ssr; is extended e. the appellate term rTnb, sSe
sion In the one case being equally appii-
cable TO the other. -
justices ,,o1 Of ~ . su pne s" esur, hail be four.
teen years from and Including the nrst
day Of January next after their election.
BY expiration Of term in the once Of Jus;
uee 9f the supreme court the same ehaii
s eH n Election sSr I s. tS1. sssm; not # ,s r.: , Rss' , sfs.
until the vacancy shall b. 20 niied,. the gov:
Of n. senate. II M'i n. 's senate sss' shall be in se:.
siGn. or II not in session the governor. may
s Il, ;u son,, x.S:n Ss,,, BY and s' lssiSd1ns the sh lac,
which the Vacancy shall Be niisd.
speedy sssSS md + . 4: :ssr .ss.i.,.. %Sss q. :s" yS::
10 set With al sssyeSisns speed upon the
ssSr e sns s:s SSsfd to q the s:.t% 'ess.i.t s%@'' Is
April. one Thousand MIN hundred End a.;
q civil Pnetics rules for the ~res.lsiion
o. pr-% nss' ssS.s ~. n : s:s. ss' s.- q .' + legs a.
:: -. ~ .s:.s:s :sr,is.$,. q :sss ;;s::
ave- se.! !."s shs ,sss:i:ss;. 9 me: ~ ..po.ss :
s sS.sss:. r :: :s, :'s ss.ss . ::s ''s E IN IN" H.
1 A.. i .SS .s,s: : :Ss;s en- .. s'' IL. p rsSsss q
and the ssf isei c: :S.ll 80. o.ss!.s.e. .:
at any other. time. enact any Law pre-.
S sss.s.sa; ' e *. ss.r = q. sin :sSssi., "a. .%p. ssn@
court Or county courts. un!ess the judge.
g: :m.1 %ss'' s,s;, s s..s;s.: rule. 10 .s %Hl: sc- sss
iEi.:r lie :d:e:i:s q sss .e,,n practice
. %s"'I the 2. p.se s'; I. sisss I'D sms md .sch
p%rSctics rules shall vest and remain In
~; ;s:,, is$s: 5; 4 4; i: :: Fl: y : sSs;:i: 3 81 4: &:
iices of the court II sppesl:. the supreme
lsturc shall provide.
Ab.tract.-This section =: Intended to
remedy the existing evils Of the civil prsc-
IN III Nhc VI Nv olSkN 'oh-
templates the adoption by the legislature
Of a short practice act and a bod, OF
u The prae,is. now rsaaI...d By the code
Of civil procedure. Under the present pro.
esdaro the practice is rssala,sd by rigid
the provisions OF this section are carried
BY nsaisi. court rules witch viii Tend to
remove all disputes over matters OF prac-
ad minis.rnttnn of tugticA unpu tho COurts
practice. act ana rules referred TO In the
Of statutory consolidation which has been
engaged upon the task for over ten years,
two years being chieny confined 90 the
civil procedure In the courts. This board
consolidated the s.ncrAi statutes Of tbs
the special. private and local statutes of
tho state a. well a. that Of the general
three volumes which 1. referred TO in thi,
section Is now before the legislature and
!. being examined BY a Joint eommit's.
various bar associations of tie state. This
report will come before the Legislature for
action at It's next session.
section :. The court Of ciaims IL con.
once. eS vino .Ss,l. hold sSeiS oisces s'S until
.ns .SsI. :asss.: o. ' nso he. ss;Rr s. :pp sss%.i
by the Governor by and with the advice
nd I'D e s;sss %, g, H. a;:. senate ,. and 4h shc .. hal
judges q. the court Of ci.ims Sy psrms.
;snt .. C. z s'r n. q :sPa''Ss$S:"' .s al: mat
81 '; ;Sss.. ."iI' mime m: a Sss AZ .s q ! i:ss::s:
9, sS'n nu r:s'I.s % S.t: rs r.. .a be d sS.,i
and such court s9~nosrsrS.r. and attend.
.nt. IS the lrGi.lsture MAJ provide. The
state their present compensation and 81.
lowanc~. until the ieGisl.ture sh:ll other
S u;;.a RYr,iis'af now The ss-: si.ss ss.i, . ..S such sss
nm: ci.im: :s.in:. the state or s-sw.en
may . er%s.Ssll tx. s 'essi%on ~ IN me %f-l :GEss
.se :ps S,s' /: m S%s r. . " *. ." .Soi IL c %s%s
TIL court may establish rules to govern
Its own procedure
.Ah~tract.-Ths section makc. tn. cour,
of claims a permanent court OF. the state.
subject 10 the provisions OF the consti-
tuition, as are the other courts enumerated
finfI p%ol,,.os sns purpores SSN the i.xisl snts oSay
ompte the convention to estsblisHNh Me
court a. a constitutional tribunal so as
to give II perinanence and improve It's ef-
fc,ency. Tho language Of the precision
substantially conforms to the statutes re-
iatnr. may confer upon the court the
power to determine connicting claims be
tween claimants a Jurisdiction which It
IL S. The superior court Of tn. city of
New York. the court OF common pleas
superior court of Buffalo, and the CITY
court OF BROOKLYN. are abolished from and
sand eight hundred and ninety-six. and
thersupon the seals. records. papers and
documents of or belonging to such courts.
:l.rs, be Of d ,as s.S.r II s sSs G.aee in Q" Which iss
said courts now exist; and al action. and
judges OF said courts In office on the nrst
dred and ninety-six. shall. for the re-
mainder Of the terms for which they were
elected or appointed b. justices Of the
In the counties In which they were elected
or appointed. Their salaries shall he
other justices OF the supreme court re-
siding In the same counties. Their sue
supreme court by the electors of the ju-
dicial districts In which they respectively
reside.
The Jurisdiction now exercised by tho
several courts hereby abolished. shall be
vested In the supreme court. Appeals
In the court of common pleas for the city
and county Of New York and the superior
court OF Buffalo shall be heard in the
supreme court Ia such manner and by
such justice or Justices as the appellate
divisions in tho respective departments
direct Wnstr Unless otherwiss provid.d BY n the
kDstract.-This section 10 eliminated as
being now obsolete.
[sG. Circuit courts and courts OF oyer
and terminsv are abolished from and after
the last day OF December. ono thousand
s ,nEfIsa, nntuion" snail ,here"pon ;. y H ,he In
the supreme court. and all actions and pre-
eeedinEs then pending in such courts shall