The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-09-27

meration under section I OF article 8. The
,oItner changes In section ! are those In
VOWED In striking out the portions which
have become obsolete by reason Of the
creation of the ninth judicial district out
OF the former second district.
Section 2. 1.-THE legislature shalt divide
ne statel The present division Of the
state into four judicial departments IL
continued; THE first department.. shall
others shall be bounded by county lines.
ana be compact and equal In population
Years ettbh c ,cs,s, may be- One every ten
departments, but without increasing the
plumber thereof. They shall he bounded
equal In population as nearly as may be.
lIhere shall be AMI The appellate divisions
% me supreme court are continued and
ten nor more than twelve justices In tho
ntst department, seven justices In the
second department and tofl Ave justices
Justices heretofore designated shall con
unue to sit in the appellate divisions until
lively expire. The a,pe,Ists I,",sio, In m.
which ease the pre.idins Justice shall as.
shall cit in each part. The prssidins jus
t'ce may preside In ether part and he shall
DESIGNATE the Justice to preside In either
psrt when he IL not present. In each
appellate division or part thereof depart
mentl four shall constitute n quorum. and
ne concurrence OF three shall be neces.
justices shall sit In any case. from all
ne Justices elected to the supreme court
the governor shall designate those who
shall constitute the appellate division In
each department.: ard hel
The governor shall designate the pre-
siding justice Of each department There
of. who shall act rs such during his term
of ofnce I'll and shall be a resident OF the
department The other justices shall he
designated BY the governor from all the
nANlES act An ah. g.l -
terms OF Ave years or the uneSpired por-
tions Of their respective terms OF office. n
less than i've years From dime 70 time
expire, or vacancies occur. the governor
The shall make new designations 4 ma
jority OF the justices 50 designated TO ait
In the appellate division, IN each depart
ment shall be residents VI the department.
Ten Justice. shall be designated to alt in the
but In case the presidins Justice thereof
at any time shall certify to the governor
that the interests OF Justice so require the
governor shall designate two additional
Justices TO sit therein. lie may also make
temporary deslgnatlons inl In case OF the
the presiding Justice thereof may assign
any Of the Justices Of the supreme court
to sit In the appellate division during such
absence or inability, but no justice shall
be 80 designated To sit longer than four
months In an, year. tori In case The
shall certify TO thimI the governor that
| one or more additional justices are needed
for the speedy disposition OF the business
before IL IL the governor shall designate
such additional Justice or justices. When
ever the appellate division In any depart
inent shall he unable to dispose Of lts
business within a reasonable time. a ma
joriiy OF the presiding justices Of the sew
eral departments at a meeting called by
the presiding Justice Of the department in
arrears tmayl shall transfer such number
Of the tanyl pending appeals rs the pre-
siding justices may determine tn he neces-
AAEg NEAHa EHFAN A. - = . NVN- - AnN HhA
department for hearing and determination
No justice % the appellate division shall.
be designated to perform the duties Of an
appellate Justice, exercise any % the
powers 81 n Justice Of The supreme couri,
other than those OF a justice out
o, cou-t. and those pertaining 20 ;he
appellate division, or 20 the hearing and
decision Of motions submitted 10y con
when no, actually engaged in perform
ing the duties % such appellate justice
In the department TO which he l. desiE-
mated. may hold any term OF the supreme
court and exercise any OF the powers q a
Justice Of the supreme court In amy county
or judicial district In any other department
NJ the state The appellate division. except
Ne herein provided. shall have the Juris-
diction now exercised by IL From and
hundred ana ntnetv.nve. the appellate ii-
vision shall have the Jurisdiction now sN-
ercised by me supreme court a. ~ gen,
the court OF common pleas for III" city
and county Of New York. the superior court
~ the city Of New York, the superior court
OF Buffalo and the city - P-noklyrl AMI
such additional jurisdiction as may DO CON
,erred by the. leri@lntur" On appeals from
Jud gments Of conviction In criminal eases,
the appellate division or the appellate term
as the case may he NAV reduce the sem
tcnce imposed by the trial court or judge.
]. shall have power 10 appoint. and remove
a reporter. The justices % the appellate
division In each department shall hsy"
power to fix the times ana places !u~ hold
Ing the lspeciall terms Of the supreme
court therein. and TO assign the justices
IN the departments 70 hold such terms Ia
Tor 20 make rules therefor
Abstract-This section il amended %
as TO provide Tor the continuanr" ~ me
present division OF the stI'" into four oil
cial departments 1t Increases N" number
OF justices of the appc'lat" division IN the
nrst department TO not less than ten nor
psrtmen' TO seven. leaving i'c Justices In
each ~ the other departments. a. ~ pres
ent provided. In order to make Il possible
for the appellate division In the first de-
partner TO dispose OF the growing volume
Of It's appellate business. which IN 1873
amounted 70 upwards Of 900 appeals m
$50 original motions-nenrlv double that OF
any other court In the st1te-'he court Is
authorized To sit In two parts. ana u the
presiding ius'lce at any time shall certify
10 the =, ernor that the Interests Of jus
tlce so require, he may designat" two adj
ditionsl justices To sit IN that division. tn"
IL also authorized, In case OF the absence Or
inability TO ar' OF any Justice thereof, To
assign any justice OF the supreme court 20
sit In the appellate division during such
absence or inability. but for a period not
longer than four months In any year. u
IL further provided tha' on appeals from
judgments OF conviction In criminal cases
the appellate division or the appeilHt"
term. as the case may be- may reduce IN"
sentence imposed by the trial cOur, ar
Judge. For the purpose Of better distrihu-
tion OF the judicial business ~ he depart
mcnt, the justices II the appellate division
In each department. are given power TO iN
the times and places FOR holding, not onll