The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-25

VI ". tne court OF appchiB III ~ "
decision made by him or by any court OF
which he was at the time q sitting mem,
sse b. The 'es,imony In equity =. s e.: :, 1 isw
md. excep, as herein otherwise provided,
the legislature shall have the, came power
10 alter and regulate the Jurisdiction AND
PROCEEDINGS In law and In equity thai II
has heretofore exercised.
Abstract.-By this section as AMENDED
or Justice sitting in the appellate division
or IN the court Of appeals In review OF 3
S MS,:h made BY him or BY any i, sog menu o.
Der. Ia extended to the appellate term; the
same reasons which induced the prohibi-
ton In the one case being equally appli-
cable to the other.
Section 70 4. The onneia, terms OF the
day Of January n.Tm ns snd . me,oa their %eiection.
by expiration OF term in the once Of Jus;
be filled for a full term. at the next gen
eral election. happening not less than three
until II. H vacancy sSI shall H' g. 90 niied'' n. gov:
ernor by and with the advice ana consent
81 s,oI the :, se,a,s T. tn. ;snats shat, he IN m s..;
shail continue. until and ineluding n. las,
DAY OF December next after tho electioh NJ
which the vacancy shall be hlled.
speedy sss,'G and T. . +: :ssr .smin,.t %Sis :s" ]S:.
10 act With nj. Convenient speed npon he
report Of the bsasd Of ststutory consoii-
Il. sov ,s.".", Ua ,hs 20 .M sss ,. .ssss dry 81 81
April, one thousand mine hundred and ~;
teen. and TO enact . brief and simple civil
q St cisii ps. sHs 70 rules ss'G For the 1csslssion
Of procedure In the court Of spgeal:. gu
I::sss s ss.y MAKE maj s' ~. si fs%S'; "%;.es!ss ;Si:.
o. any part THEREOF applicable to such other
;i%. 10 =; ;,m n may i nssy;@si: a ~ not 's.: , sSs%
Ave yesrS. the Legislature maj appolnt 2
cemni.sion 10 consider and report what
= issi., .s, .Ssi, .ss o" Che report q
and: and the ssf isri :H%%'s, .Ssl, y 10. .. i'ns.f c' :!
At amy other time, enact any Az pre-,
r:r.S.%s; T e Il. ssu: e 9. ssn :SSs.i.. t .Sp- .ssa.
court or county courts. unless the judas:
.. .m.5 5%'' ss.;, s srs;s Su,.s 70 .t 81: e.- az
After the edoption Of the civil practice
ton. tn. p"~e %'i 70 alter md smsna such
5 p.c,,: end rules 81 .': :ssi, A, s::. ' and '" :s%:,. s'i ~
the courts OF the state 70 be exerri.ed by
e.; ;%s:,i lss': !; 3" ~ q: .s sssi: q s iHg:':.: '" ~ e.: &:
ice. o. the :.. ecuts >! .psss!:. Is: supreme
latHre shall provide.
Abstract-Thl. section >. intended TO
,s len sH the The . sas sy' Y. OF iss e'vii p sos.
templates the adoption by tho Legislature
OF a short prs Sn,cs act. act ana a sod s,sS OF
Of the practice now regulated by the code
OF ciyii procedure; Under tho present Pre-;
statutory rules which encourage controver.
sies over mere matters OF procedure y
into enect the practice viii be regulated
by flexible court rules which VIII tend TO
remove !, ' pls sissH ,s. G ,sspo %HsiiT, q Tor 0' n.
administration OF Justice upon the courts
rather than upon the i.sis!sturs. tn.
Of s,atu,ory con,ol,dsttcn which has been
g.. attention. however. during The pas,
,wo years be,nE chiefly confined 70 ne
eonsoiidstcd tho genera statutes OF the
state and prepared the statutory record o;
The s%peeiai. private and ioeai statute. OF
hire. volums. which is teferred 70 in mi.
Is being examined by a Joint committee
OF the legislature and committees OF the
VARIOUS a w g.r c ss-.e' ss,op Oh. the lss, STAT Tn for
action at its next session.
SECTION :. Tho court VI claims IL con
tlnuei and shs!i b. . court Of record II
office. Who shall. hold their office. until
the expiration Of their respective terms,
sS the so"crncr ~ s"d with the sdsice
hold % S.S't ;. ,sf e'T ':el y:r.- ~, TIE :,m ,s.,:': :;
judges Of the court 81 elaine b. perms.
.eni o. Temporary .Ypo,n,%.nt HS, 10,
{" ss!," until the .krss day .! January.
or such earlier date rs shsii br deter:
mined pursuant 20 law. The court shall
sns . p:Sr so to ' ...=nosr .pS rs% .n% :t: sicst
ants rs the. Legislature may provide. The
Judge. .h.I' continue to reeve from The
Iowance. until the LEGISLATURE sh.iI other
wise p,syldc; The court sh.ii have the
mn: claims sS.ln.. the state Or between
%as .s"srsseIy .sH. t,s.si%ony 4" rel.sisn
s 70 %s BY S,-' . m S%t II ~ she Whole s %a%
The court ms. establish rules to govern
Its own procedure
Abstract-This section makes tho court
OF claims a permanent court OF the state.
subject to the provisions Of the consti.
tuition. as are the other courts enumerated
Tor political purposes 10y The ierislsture has
prompted thu convention to establish the
f TO Eivc al !, p.f e1asssiS..0 asd i Sr,SISa, IL; SO =. 4.
tclency. The language OF tho provision
ssGs,sHt ~ ~, conforms soa c to 'h Ina. %:'1 ,Ss I. Re-:
power e" determine eoSnaie,i"s claims be-
tween sla,,aani., a Jurisdiction which 1t
10 8. The superior court o! tn. city OF
for the city and county Of New York. the
superior court OF Buffalo, and the city
sssr III; n R fS:9 1ay or. Of t Established o from ,h s"a
sand cigh, hundred and nincty-six. and
thereupon the seals, records, papers and
documents OF or belonging to such courts.
c chIs1ks Of ths several c%"sntis s 10 Which,
said courts now exist: and al actions and
proceedings then pending In such court.
shall be Transferred 70 the supreme court
judges OF said courts in otnce on the nrsi
day, OF January. one thousand eight hun
mainder Of the terms for which they were
elected or appointed. he justices OF the
supreme court, but they, shall sit only
paid by the said counties respectively. and
shall be the same as the salaries Of thu
siding In the same counties. Their sue
cessors shall he elected as justices OF the
supreme court by the electors OF the ju'
diciai districts In which they respectively
The Jurisdiction now exercised by tn.
several courts hereby abolished. shall bs
vested In the supreme court. Appeal,
from inferior and local courts now heard
In the court Of common pleas for the city
ana county OF New York ana the superior
supreme court - such manner and hy
such justice or justices rs the appellate
divisions Ia tho respective department,
which include New York and Bunaio shall
direct. unless otherwise provided by tn
"hhstract.-Thi section &, eliminated a.
being now obsolete.
1876. Circuit courts ard courts OF oy.i
and ,erminsr are abolished from and afte,
The last day of December, ono thousand
eight hundred and Ninety Ave, All their
the supreme court, and al actions and pro.
ceedings then pending In such courts sha'