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

NhIch he was at the time A sitting mem
Der. The testimony In equity cases shall
be taken In like manner a. In cases al law.
and. except as herein otherwise provided.
the legislature shalt have the same power
TO alter and regulate the Jurisdiction and
proceedings In law and In equity that II
mas heretofore exercised.
AbstraCt.-Rv this section az amended
the present Prohibition against q fudge
or Justice sitting IN the appellate division
or IN me court or appeals in review OF q
u,cision made by BIN or by any court OF
which he was at the time a sitting mem
her, is extended to the appellate term. the
same reasons which induced the prohibit
tion In the one case being equally appli.
cable to-ihe other.
Section ri 5. The omcial terms Of the
Justices OF the supreme court shall be four
teen years from and including the first
day OF January next after their election.
ny expiration Of term in the once OF Jus,
lice u the supreme court tho same shall
be f!ied for a full term, AZ the next gen
ersl election. happening not less than three
months after such vacancy occurs; and.
until the vacancy shall he 50 filled. the gov
etn2r by and with the advice and consent
OF the senate. IL the senate shall be In ses-
sion. or II not in session the governor, may
MI such vacancy by appointment. which
day Of December next after the election al
which the vacancy shall be allied.
section 9. To secure q more simple.
speedy aud effective administration OF Jus
tice. Il shall be the duty Of the legislature
To net with all convenient speed upon the
gspG,s Ct the hoard Of ,,s'.,G.y r1n'o y,
the governor on the twenty first day of
April. one thousand nine hundred and NJ.
practice act and to adopt u separate. body
of civil practice rules for the regulation
OF procedure In the court Of appeals. su-
preme court and county courts. The lrKts-
iaturr may make the civil. practice rules
or any part thereof applicable to such other
time to time. AT intervals Of not less than
Ave years. the legislature may appoint .
semmi..ion to consider and report what
law and rules go, eruing civil procedure:
The legislature shall act on the, report 81
and the legislature shall not otherwise. or
ut any other time, enact any law pre-.
proccdafe in the court Of appeals. Supreme
court or county courts. unless the Judges
or %j.sticcr, c%mponered to max. and
amend civil practice rules shall certiN
that legislation II necessary.
After the adoption Of the civil practice
rule. b, tn. legislature under the require
ments Of the first PARAGRAPH Of this see
tion. the power to alter aud amend. such
practice rules shall vest and remain In
the courts Of the state TO he exercised b,
the judge. o. the court OF appeals and ne
supreme court. or u, such Judges or Jus
tices Of the court Of appcais' the supreme
court and the count, courts a. the legis-
laturc shall provide.
Abstract TIT. section is intended 20
remedy ne e.'s'ins eyi.s OF m. ciNi prac-
templates the adoption by the Legislature
" a shpr, practice ac; and "a body "
?,aCtice rules which shaN axe the pace
- ne practice nov tegulatei by ne code
~ ,civii procedure. tnd"r the present pro,
gedur" the practice. !s regulated by rigli
statutory rules which encourage ro'tfnNer-
sles over mere matters ~ procedure "
the provisions ~ This section are carried
into. rnr.t th" prrg'Ire VII be regulated
by flexible court rules which vi tend 10
remove az disputes owes matters o. prac-
administration Of ,us.Ies upon tho courts
rtihr IMAM npon 'he legl slaiIf" Inc
practice act ani tl'es referred - In the
OF statutory consultation which has been
engaFsi upon tho t'sk for over 'en ear,
Two years being chiefly confined 80 the
clyil procedure In ih- courts Th.s board
state and prepared the -ta'u'nry record ~
he spnria.. pr,N1f" amt local statutes of
he state - VOL ~ iha' @: IN" genera
1 -~ta'ui~-. It's report upon procedure IN
thtr" volumes which j. t't"-r"i - 10 ihlS
se'tl'h u now .rt'r- w" "r.'' ''lf' tnl
y, p,.nr eN'n,lhrd ny a loLAt ',h.''f"'
pt ne irrl"AtnF" tni '.ihiniilr's "i m"
various usr associations q me state THIS
rernrt WI come heinfy me legislature Tor
.,,L., m. o,r a, claim. l., .,,
,inncd and shall he " court Of record II
shall consist Of the three judges nov in
..n'e. VINO snal nnid 'n'u ",m'e- nn.li
md ,hri, sn""e.s"rs Who .h,Ii he ,p,oin'ed
nnu 'omsfn' nI III >ehn'r any WI" shaI'
tuIe ma, further increase the number Of
1nnses " " r.p,' ,in"ms ~ ps'" m
f 70 e,sred ~" Il alp T%s ad%i'!o"sI
!ndxrs heretofore hppolntcd shail continue
on" on" thousand nine hnndr"T and ,isht"rn',
or sun rh,.r, n"t" rs shhU W" '',rt
m,hs" pursunn, u" IN" ne o"mf, .hsu
nay" pow r 10 "n,,n,nt nnn rrnln,r - clerk
anu .n'n '"nr. s,rnnetnnnrrs ann n't"nh-
nt,m,"' hm.JII .an'i',. "a. 49, ~.
1.uk'r ~" ~. ''"m ~
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