The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-03

w w ~ w hFp'd ~
decision made by him or by any court ~
which he was at the time q sitting mem,
Der The tcstimony In equity cases ina.
be taken In like manner as In cases al law
and. except as herein otherwise provided,
the legislature shall have the same power
to alter and regulate the jurisdiction and
proceedings In law and In equity that IL
has heretofore exercised.
Abstract-By this section as amended
the present prohibition against a Judge
or Justice sitting In the appellate division
or In The court Of appeals In review OF q
which he was at the time n sitting mem
Der, Is extended to the appellate term. the
same reasons which induced the prohlb,-
tion In the one case being equally april
Section ~ 8. The onclal terms Of the
justices Of the supreme court shall be four
teen years from and including the frst
day Of January next after their tIec,,on.
When q vacancy shall occur otherwise than
by expiration of term In the office or Jus,
lice OF the supreme court the same sna'l
be filled for a full term. at the next gen
cral election. happening not less mar tnree
months after such vacancy occurs anu
until the vacancy shall be so filled. the gov
ernor by and with the advice and consen'
Of the senate. II the senate shall be in ses.
sion. or II not in session the governor. may
MI such vacancy by appointment, whicn
shall continue. until and Including ne las,
day OF December next after The election a.
which the vacancy shall be filled.
.,s Section .rS 2 . To- csc1, su, = ratio s,in }%s:
report Of the board Of statutory CONSOLE
, y. .o, ,,.m:m, =. IT. to the ,-S H., ia, 81 81
April. one thousand nine hundred and hi.
teen. and TO enact n brief and simple civil
:" as". EVIL S %rrac sn% 20 %'ss 'f sor the reputation
Of procedure In the court of appeals. SUI
preme court and county courts. !hr ire,--
Iature may make the civil. practice rules
or any part thereof applicable to such either
courts - II may psovide. There.fser, isem
AWE ~. y e s."s IL: 81 ,. .sssISst: ' me-: "S' . .rs. ;%-s :
c%S""s".: Il any. there Should be in Inc
The irgisiaiurr Shall act on the rcpor! q
rncii such commission by IA single bill.
and The l.gi,lntnre shall rot oth'r r or
procedure in the court OF appeals. supreme
ar justices. empowered TO make and
amend civil practice rule. shall certh!
after the adoption Of the civil practice
rules by the legislature under the rcQuire-
ments Of the first psrnyraph ou TN. ZEE,
practice rules sEail vest and remain In
the judge. Of The court Of sppssi- and ne
Justices OF the appellate divisions OF tne
; ;.p.e% M , G""r court Tr 81 ~ sp r%"% IKE supreme
court and the county courts - the irEis-
lsture shall provide.
Abstract This section is Intended to
remedy the existing evils OF the civil prac-
,icc In the courts OF the state. H. con-
templates the adoption by the legislature
I practice rules which shall take the place
~ the practice now regulated by tn" code
cedure the practice. i regulated by rlgld
statutory rules which encourage controver.
s,es over mere matters OF proesanrs nt
into effect the practice will Ice regulated
by flexible court rules which Will tend to
remove all disputes over matters OF prac.
ticc. T. places the responsibility for the
administration Of justice upon the courts
rather than upon The leRisl9ture The
section have been prepared by. the board
of statutory consolidation which has been
is attention. however during the past
two years being chiefly coninsd 10 the
,ivi' procedure In the courts. This hoard
consolidated 'he general statutes OF the
state and prepared the statutory record ~
tn. special, private and local statutes or
'he state as well as that OF the general
/ statutes. Its report upon procedure In
three volumes which is referred to In this
section f., now before the legislature and
o. the legislature and committees OF the
various bar associations Of the state THIS
report Will come before the legislature Tor
action at lis NEXT session.
section :. The cour, Of claims Is con
timed and shall be u court Of record u
shall consist of the three Judges now tn
, Office: Mn sn"a ~ E ,S.i, 'nr.r r.. "tnce' term. %m,s.
and their successors VIII" shall he appointed
by the governor by and with the advice
and consent of the senate and who shall
hold office for nine years. TIL" lcgisia.
iurr may further incrcase the number Of
judges Of the court ~ claims by pcrmn-
nrnt or Temporary app"inlmen' hut no!
to exceed f,e In all. tn. additional
Judges heretofore appointed shall continue
To- serve until the first day OF january.
one ti,ousand nine hundred and eighteen.
or such cartier dat" ~ shali b." deter;
have pow r to appoint and remove n clerk
and such court st.nographer, and attend
Judges shalt continue :" receive from the
state their present compensation and nj
iownncc- until the Legislature shall other
wise provide. The court shall have the
jurisdiction now exercised by II and such
additional jurisdiction to hear and deter
conflicting claimants a. the Legislature
may provide, The judge OF the court
T., i'm" sns rIsi",. but no award Shall h" mad"
except by u majority 81 the whole court
The court ma. establish rules I" govern
Its own procedure
Abstract This section makes the court
Of claims "A permanent court "f the state
subject 1" the. provisions Of the consti
tation. a are the other courts enumerated
therein. The recent changes In this hodS
FOR political purposes by The legislature hat
prompted the convention to establish IL.
court as /, Constitutional tribunal 50 as
10 give II parW1ueucc and improve II. eff
nciency. The language Of III" provision
lsting to this court, except that tn" legls
lature may confer upon IN" court th'
! over 10 determine ihllll' INK 'iil'l~ ~
tween rlaimrn's u lurisdi'tion which !
does not now possess,
The superior court % the city o
Tor the city and county OF New York. I'll,
superior court Of Buffalo. and the city
court Of BROOKLYN. are abolished from nn'
after the first dag ~ January. one thou
sand eight hundred and ulnrtN-siN. an'
thereupou the seals, records, papers aUt
documrnts nf or belonging - such courts
shall BE- deposited 10 the offices Of IN
clerks % the several counties IN whtci
said court7 now exist and all actions ant
proceedings theu pendins In such court
shall he transferred TO the supreme cour
for hearing and determlnaiion. TN
DAY of lnnuHry. one thousand eight hun
bred and ninety SIN, shall, for the re-
mainder Of the terms for which they wer
elected or appointed. be justices OF tn
supreme court. but they shall sit onl'
In the counties in which they were elocto,
ar appointed Their, salaries shall h
shall he The same ~ the salaries Of TIA
other Justices Of the supreme court re-
siding in she same counties Their sue
e, ssors shall he elected as justices Of "a
diclal districts In which they respec,tvcl
reside.
several courts hereby abolished, shall h
vested In the supreme court. Appeal
from Inferior aud local courts now hear
in the court Of common pleas for the cit
court Of Buffalo, shall be heard Wv IN
supreme court In such manner and h
such justice or justices as the appcllat
divisions in the respective apartment
which include New York ana buffalo shat
direct, unless otherwise provided by tn
Nbstrac,-This section Is eliminated a
being now obsolete,
u" II. circuit COURTS aui courts Of oye
p and ta-miner are abolished from and afte
!, the last dty Of Dec 'mher. one thousnu