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

section tS.l N. when a vacancy shall
occur otherwise than by expiration Of term.
In the Once OF chief or associate Judge
o. the court OF app ais. the same shall be
hlled. for a fun term. at the next general
].lcctlon happening not less than three
until the vacancy shall he so filled. the
governor. by and with tho advice and con-
in session. or il not in session the governor
any such appointment 81 chief Judge shall
be made from amonS the associate Judges,
temporary appointment OF assoc'h,e
Judge SHAH be made In like manner but
In such case, the person arpointed enc,
Judge shall not he deemed to vacate MS
ONCE Of associate judge amy longer than
until the expiration Of his appointment as
chief Judge. The powers and jurisdiction
number Of judges Is sufficient to consti-
ks sec qrH"r" !nall N aon, a"ES'" until and in.
Guiding. the last day u Dccember ncxt
after the election at which the vacancy
section l9i ~. After the last day OF
December' one thousand ls,sh,l nine nun.
dictlon OF the court Of appeals. except
whore the Judgment is Of death, or. where
the appellate. division on rercr-ane Or
ings Of fact and renders judgment there.
on. shall be limited TO the review %.
Spe ,hs sr of Law. iS,s,o ana ot ise snprs%e
court that there is evidence supporting or
tending to sustain a finding OF fact ora
reviewed by the court Of appeals. Except
whore the judgment is OF death, appeals
may be taken. as of right, to said court
upon decisions OF the appellate division OF
the supreme court, finally determining. ac-
lions or special PROCEEDINGS, and ION
where The appellants stipulate that upon
afiirm.nce iHdsmsns aS.oluic sna,, dH BE-
vision in any department. Appeal. may
he taken as Of right 20 the court 81 sp.
peal, in the following eases only ..,,.
upon the decision ~ an appellate. division
Of the supreme conr, which n"arS asiTr
where is dlrcctiy involved the construc:
ton % the constitution % the state or OF
" the Justice. who heard the ease dissents
from the decision. Of the court. or where
the Jnd Of the trial court Is reversed"
%, From an order Of an appellate Ill
vision o. the supreme court rr,n,ing q
that upon affirmanc. Judgment absolute
shalt be rendered against him.
The court Of appeals may. however' a..
low an appeal lupon anyl In any case
where In its opinion ~ question OF law Is
involved. which Tin is opinion,l ought to
be reviewed tby the couri OF appealsl.
The legislature may further %r"strict the
Jurisdiction OF the court OF appeals and
The right OF appeal thereto, but the right
~ fNpFit NlFlt HbN hfDFhh hl'li II
The provis!ors ~ this ser,lon shall not
lpply to appeals taken to the court 81 ap,,
psais lordcrs made o. judgments rendered
hv any general terml before tie last day
NJ December m" thousand tNightl min"
hundred and. tninetv.nvc.l aftrcn. but f!r:
from shall be reviewed lthorefrom may be
'akenl under existing provisions Of law
The court Of appeals may determine the
qualifications and prescr'b" the rules r'gu-
fir III. uInntsslnu In EN nj nj
torneys and cOunselOrs In the courts OF the
state.
Abstract The amendment % his soc.
lion, dealing with Tho turiSdicti"n Of the
court Of appeals, was framed VIII a View
=" carrying out n" principe that every
l~ii'eant Is "n'ii'ed 70 a. east one review
should he preserved az 4 court to review
md settle questions NJ law rather than a.
a general court TO review fully the deci.
SONS ~ courts Of hrst instance. By a recent
amendment 80 section 1877 ~ the code Of
civil procedure the appellate division on
reversing or modifying a Judgment IL EN-
powered to make now findings % fact and
render judgment thereon. In such cases,
The appellate division In .rcct acts as a
trinI court. and unless I reNlnW Of the
facts l. allowed In the court ~ appeals.
the ~iitigant Is deprived % the right TO al
Hidrman, ~ thu rial cnurt WIN ,his lin.
glc exception. ia" present limitation Of the
Jurisdiction of the court Of appeals 20 the
review Of questions Of law "ulv-save ~
! capital cases-is retained. Section ~ also
( defines the jurisdiction OF IN, court ~ APP
pca's TIN. provision In 'hc ovis'iue con.
' s~'i'utipn that no unanimous decision ~ the
appellate division Of the supreme cour'
'h,t 'bcr" q, '%rii"uC. supporting or tend
- not ~l.,-,,,i by the cour' shall he r..
viewed lF tA' court pt Appeals is 'liui
ntfrd such question 8, 'sson'ltI'F one -
l1N. an ,sp.f.'u', h'- d'muu-irat.d that
' 2, withhold fruW ihe y,lrt = app,als Tie
r'gh. 90 ,"nsii'~ -1,h question ll~ Jed 60
injustice I'm many rt.os The hight 800 APP
fIt. from judgments or tho tpt..|tfs iii.
. Vision To- tn court u app.ii~ ia fur. her
r's;ri,'ri hy pr"'itiuS Nat Appeals from,
a Judgment ar orier entered upon such
b decision finally determining actions oi
sr"Cill proceedings. may hs taken only
stru,ti'n % tho. constitution ~ the state
Of II the United states. ~ whore one 81
mof" Of IN" Justices Who heard the case
iiss"n's from N" decision 81 III" court
hut the court Of appeals T. authorized "a
allow an appeal IN any cas-" where, TN Is
opinion. % uuc~,Inu 4 law l. involved
Ing December ~ 1919. ar" - be- reviewed
uidcr 'Ntsting provisions ~ law II
the quH'lN,!l"n. nnt pre''fih" ih" ru'r'
Re gulatiug the admission - practice 81 at
torn'ys and ,ounse'lors In m" courts ~ IN.
stat" rms now provided 10y %s'ttut"
and n rs considered hat such a provision
should he embodied In the constitution
section Il0l ie. The Judge. II ne c,ur.
rrelnc court shall nor hold any other Of
t." or ,puhii, i'ust Al votes for any of
. Alf lAf lhi biA AAll' AAAA - I| llflAH tNTltt
given ny the Legislature" OF the pcop'e. shaI
be void
section I'M ~. Judges OF thc eoar, o
appeals and Justices Of IN" suprcm,
court IT. may be removed lay concurrent
resolution u both house, of the lcgisla
lure. u two-th,rds of an IA" m"mb'r
elected 10 each house concur therein Al
other iudiCill officers, except justices o
the peace ana judges cog justices ~ inferior
courts not of record. may ho removed h'
he senate. on tho .udatlun - tn,
governor, II tNo-thiris Of an The member
eisCt-i {" the senate concur thrrrin Bu
This section except fHr cause, which shal
be entered ON the Journals, nor unless n
shan hty" been served With a ststtmcn
~ the cause alleged, and shall have Ia,
rjon "f r"WovH. the yeas ana nays shll
h" entered on 'h" journal
section IT.: ! H. 80 person shall hol,
tho office OF lulE" lori. Justice % am
our, or snrr"s"'r long,, ,nen Hnti an'
after h" SHAH be- seventy years Of age
Each justice ~ the supreme court shal
receive from the state 1.-THE sum an M
uual salRr, ~ ten Thousand dollars pc
ycarl Those a%ssltucd 20 the appcVtt
divisions IN zine thtui and fourth o.. part
mcntS shall each receive iu addition tn
sum nf two thousand dnttars, aud the pre-
siding justices thereof ia" sum Of two thou
sand ave hundred dollars per year. rhoA"
The Justices now in office or hereaft-
elected In the first and second judicial de
lrtmcnt shall continue to receive iron
heir respective cities, counties or dis
tricts, as now provided lbs law. such hidi
tional compensation as Viii make incl
aggregate 'otnpsn~aiioI, what they ar
nnW rFCriNing Those Justices elected I
first or second, and assigned to the an
pellaic divisions uf the nrs' or sccon
departments shall, while So assigned. re
geINe from those departments respcrtINcly
a. nov provided ny LAW. EuIn AIIltl iona