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

creation Of the ninth judicial district out
vi me Former second district.
state into four Judicial departments ],
sSnsis, d ,b 1.-THE seun nrs' dt ssH Yo.., 'n e,
and be eompsc, and equal in population
year. the legislature g %sy G @.y . Hes' the ssi sasd,s la
lumber ;herssI Ts.Y snail 3 sss.dss
es9.ai In pspoistion q nearly . NAY Be-
aTh.re shall be AMI The appella!s division.
shall soa asstf%s ec OF i.. s.s s% nos isss IKE. sss
ten nor more h twelve. Justices in tbs
hrst department. seven Justices In the
In each OF the other .depsrtmen,s.. The
Justices heretofore designated .shail cen:
t In to alt i1 the :pps.llsts dlyls!ens a..ll
lively expire. The appellate divisien In Che
atst department mSy. az in tive perts. Ia
:isn. the Justice. Who from Ss'; lime 's e time
shall alt In each part. The preslding Jus-
tice may preside In ether part and he shall
part when 5. 'I !: not 70 pre.s sn' in ' e.sh
appellate divislon or part thereof depart
mehtI four shall ccns,itute a quorum. and
sary to a decision. No more than i've
justices shall sit in any case. tFrom all
he i s"S.rnor e': .n.ii q; a.. ias ss'f 'so.e 'S %SS
snail constitute tho appellate division In
each department: and hel
h governor shall designate the pre-
OF. who shall act as such during his term
OF oince ~ and shall be q resident Of the
department, The other justices shall be
justices elected TO the supreme court for
terms or nvo years or the unexpired por-
less than nvo years. From ,i1e V 10 time
as tho terms OF tsuchl the designations
Expire, or VACANCIES occur. the sovenor
jority OF the justices so designated to sit
In the appellate division. in each depart
% %sn; shall be rs:idsn,. q The aepsr,,n.nt
appellate division In the aret department,
but In csse the .presidins Justice thereof
that the interests Of justice so reaaiss The
governor shall de.ignats two additional
justices to slt therein. lille may also make
absence or inability to act Of tanyl .
, ,ss p,. 81 :"y j t,n sssI ,h :Pssi'r m., ai. ...;.:
TO sit in the appellate diyision durlns such
sbsence .. inability. but NO Justice shsii
months In any year. torI In case The
presiding Justice Of any appellate division
shall certify TO lhiml the governor that
for the speedy. disposition Of the business
before 4. II the Goyernor shall desiGnate
auch additional Justice or justices. When
ever the appellate division in any depart
ment shall be unable to dispose of Its
business Within "A reasonable time, a ma
erai departmsnts nj n meeting called Nv
the presiding Justice OF the Department in
arrears tmay1 shall transfer such numbeP
AZ, fTem n's snss nay isr %tT,ne ~ 70 gS n o,Ssr
department for hearing and determination.
within IN, dana r,msn, 10 vhich n. nav
be designated TO perform the duties Of an
appellate Justice. exercise any OF the
powers 81 a Justice Of the supreme court.
other than those of a Justice out
OF court. and those pertaining TO the
decision Of motions submitted by con.
sen; of counsel. but any such Justice,
Ing The duties OF such appellate justice
in the department TO which he il desis.
mated, may hold any term OF the supreme
tuustice 81 ths snnyem. court in .ny conr,v
or judicial dis;rIrt In any other denartment
81 ne siate TN. smrsi,.te dI.t.ior' srcent
~. herein nroyIded' shnII nave thc iur,s.
djrtIOn now sxerrised nv m FRAN and
after IN. last dny Of Dccs mbe eighteen
vision shall have the turisdic,io, now ex.
ercIsed by ,he supr.me cour, nj ~. rem.
.ral terms and BIZ the general terms OF
the cour, OF common Meas for the e,ty
and county Of New York The superior court
OF The city OF New York' The sunerior court
Of Runaio and 81. citS ~ propIiyn AMI
snchh nadt, an ttmnrvtS. ,W n."Ua,ynh.! anu
ferred nv the legislature' On anDe,is fro1,
Judgment. of con,ictIon In criminal essrs,
thA AnnRIUuvH llvt0l0n n n the AnDRIuAoA tenn
"a fkr case mas ~ ma. 10000 eSe -.
iencr i.mposei by the trial eeurt or iudse.
II shall have power to appoin, ana remSys
dIvision in each denar.mcn, .h.H have
pow or to hx the times and PAGES for hold.
Ing the Isp.cIaij terms ~ thr suprcmr
court therein. and 10 assign IN. tus,ice,
in The I.nsrtinents 10 hold such terms m
Tor 20 maxi pnins ,SS.refo a IIu'" ''"s ''I'
,hSran, rs,s - -
N"s'Iact svCt'on ~ hn'hued so
as y" pd1ytle 'or ,h' ,ont'nuahcs "t ,ne
oiai aepartments. IL increases ne number
a. a. 'S,nIn ~ nv appo,'Is. u.,.s,"n IN "
more ',han tweiye' and in The second d..
y, Ia, $500 ~ ~ a. 1.vo"u "
en-; provided. In order to make II possible
for the appellate division in the first de-
partment to dispose of the growing volume
amounted TO upwards OF 1900 appeals and
$50 original mo,ions-.nenrly double that OF
auihoriasi to 81, in two parts. and il the
10 the governor that the interests of JUS
justices 20 sit In that division. The
presiding justice, OF any appellate division
isa 1'sG SH, tn rn' o., In aS ease iu Dt the , Isssnfe os
assign any justice Of ihe supreme court TO
sit in tho appellate division during such
longer than four months in any year. ii
Is further provided that on appeals from
o. 'SnyIs,ion y Criminal Gases
term. a. tho case may I've. may reduce the
sentence imposed ny the trial court or
Judge For the purpose Of better distribu- |
ton Of the Judicial business Of the depart |
mcnt. III" iustic.s OF the appellate division |!
In each department are given power TO NIX
the times aud places for holding. no, only
the special terms Of the supreme court ,at
equity eases only are triabieJ. bu,
also all other terms Of the supreme court
In that department. and to assign the tus-
tees In the departments TO hold such
terms. The obsolete provisions referring |
to the court Of common pleas for the city
and county OF New York. the superior court