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

sioners In the third and fourth Judicial
Second Department not within the city 81
New York. such commissioner shall be
members Of the bar Of not less than ten
year, standing They shall mot practice
this state or Of the United state~. They
shall hold office during the pleasure Of
me respective appellate divisions by which
they shall have been appointed. supreme
court commissioners during their c%ontinu-
ance In office shall not hold any other
office or public trust.
Abstract-To relieve the courts from
the consideration of many procedural mo-
lions furnish a means OF conducting pro-
ceedinss for the condemnation OF land,
where the compensation IL not paid by the
ttate. without the expense and delay OF
we present system, and to provide a stand
Ing body OF competent masters or referees.
by the respective appellate divisions In the
hrst and second departments, for each Of
me counties therein within the city OF
New York, Of supreme court commission
ers, to such number az they may deem
necessary. and with the approval Of the
board OF M and npportlontnent. to
TX thelr compensation. which, shan he uni.
form In each county. and a charge against
the city. The legislature Is empowered to
authorize the appointment OF such com.
missioners In the third and fourth judicial
departments and In the counties In the
second department not within the city OF
New York
section III .. The court OF appeals is
continued. II shall consist Of the chief
Judge and associate judges now In office,
who shall hold their offices until the eN.
piratIon OF their respective TERMS. and
'heir successors. who shall be chosen by
the electors of tn. state IL and 81 the
three Justice. Of the supreme court now
serving as associate judges Of the court ~
appeals by designation by the governor.
court Of appeals until the expiration Of
the terms for which they respectively were
elected justices Of the supreme court. and
the electors Of The state. The ofaciri
terms Of the chief Judge and associate
Judges shall be fourteen years from and
after their election. No more than seven
Judges shall ait In any case. Five mem
heTs or the court shall lforml constitute
a quorum, and N" concurrence of four
shall y" necessary 30 a decision. Tho
court shall have power TO appoint and TO
remove Its reporter. clerk and attendants,
ability to act Of any judge Of the court Of
appeals. the court may designate any Jus
tire OF the supreme court TO serve. as as
.ocihte Judge OF the court Of appeals. dur.
ing such absence or inability to act. hut
for u period not exceeding four months
IN any year. For the purpo-e OF disposing
with reasonable speed OF the accumulation
at causes nov pending In the court Of ap-
PsaIs, the court On or before the hrst day
o. March, one thousand nine hundred and
sixteen. shall designate not less than four
nor more than -ix Justices Of the supreme
court to serve a- associate Judge, OF the
court Of appeals until the cause. pending
on the calendar shall be reduced to one
hundred hut not later than the thirty
first TIA, Of December. one Thousand nine
hundred and seventeen. when thcy shall
ing In the court of appeals, the justices 20
dr-ignated shall he relieved ~ their duties
a. justices Of the supreme court. DnrlnG
such period the court Of appeals shall cit
in two parts. zach Of which shall consist
81 not more than so en- Judges. Ave Of
currrnce Of four being necessary TO = de-
ci>ion. The chief judge shall from time
To time designate the associate judges Of
III" court Of appeals and the Justices Of
the supreme court serving "a associate
Judges 81 the court ~ appeals To lit In
the respective parts Of the court, In such
court - designated shalt he distributed o..
equal, "a may he between the two parts.
The chief judge may preside In either
part. and he shall designate the judy
who shall preside In either part when he
l. not present. The causes pending In the
court o. appeals shall be di-tributed h,
the chief Judge ~ nearly equally a. ma,
he between the two part. Of the court.
The court Of appeals shall cause q cal
cndar Of appeal. pending therein to he
mad" aud published at least once In each
wear. Whenever on the first day Of Jan
uary In any year after the present nc
cumulation of causes 10 the court Of ap-
p~al~ shall have been disposed of. ~ above
provided. there shall he morr than
Ave hundred causes pending undisposed OF
on the calendar. the court. shall In the
manner above provided designate justices
nf the supreme court to serve ~ associate
judges az the court 81 appeals. and shall
sit In two parts: the pending cause. shall
he distributed between the parts for dis
position until the number Of causes pend
ing on the calendar shall he reduced to
expiration NJ one year from the date Of
-uch designations. whereupon the justices
- designated shall return To the supreme
court.
III.
other ,iisabiiit, 81 An, ~ the justices ~
the supreme court dc~isnated 10 serve a.
associate judges ~ the court ~ appeal.
n In this article provided. the court Of
appeals shall designate u Justice Of the
supreme court To serve In his place In like
manner a u originally 80 designated. Each
Ol the justices III the supreme court while
serving a. associate Judge 81 the court Of
appeals -. herein provided shall receive
from the state the same compensation n
the elected associate Judges OF the court
u appeals. tpon the termination Of the
designation Of n Justice Of the supreme
court a. associate Judge Of he court Of
Justice of an appellate division, he shall
return to such appellate division unless
the term 81 his designation thereto shall
have expired and shall not have been re-
nrwrd b, the g,,rrnor. The appellate
division may designate other justices Of
the supreme court to Ill In the appellate
division during the absence of regularly
assigned justices Of such division serving
~ associate judges Of the court Of appeals,
In case the business Of the appellate diNt-
sion shall render such action necessary.
IN. Judges of The court ~ appeals shall
certify to the governor that said court T.
unable, hy treason OF he accumulation "
causes pending therein, To hear ana dis
pose Of the am" With reasonable speed
the governor shall designat" not more
than four justices Of the supreme court
20 serve rs associate Judges - the court
Of app.4Is The justices So Designated
shall Doe relieved from theIr duties as jus
ices of IN" supreme court and shall serve
lS associate judges ~ the court OF APP
peaIs until the causes undlsposed NJ In
said court are reduced ia two hundred,
when they shall return 10 the supreme
court. Tho governor may designate jus
ti,es ~ the supreme court TO MI vacancies
No Justice shah serve as associate Judge
inr he office Of justice ot the supreme
colr'. and no more than seven Judges
shall ST. IN any case
Abstract To enable the court OF ap.
poa.s to dispose ~ ~ business without
cases 'or hearing. Il Is provided by the
amendment 10 this section that me court
shall be permanently composed Of ten
Judges. instead Of seven as at present. For
several years past three supreme court Jus
ices have been sitting In the court Of aP.
meals 10y designation OF the governor. and
me three justices at present so serving are
continued as Judges ~ that court until tho
expiration 81 their respective terms Of Of
ncr. their successors 10 be chosen by the
electors Of the state. The court IS further
authorized 20 designate any Justice Of tho
supreme court 20 serve during the tenn.
portry absence W inability Of a regularly
assigned Justice but for not more than four
months In any year For the purpose
Of diSposiug with reasonable speed ot an
accumulation of upwards 81 500 causes now
psudlng in the court Of appeals. the court
I, required ON or before March |, 1919, %
call ia not less than four. nor more than
six justices Of the supreme court to sit rs
associate Judges OF the court ~ appeals
untl tho number OF pending cases shah
be reduced to ono hundred, but not later
than December 81. 1911. when they shall
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