The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-09-25

~ hN AtNAAfA'bN ~ theiNs N8 ~
be taken in like manner as In cases at law;
aud. except as herein otherwise provided.
to alter and regulate the Jurisdiction and
proceedings In law and in equity that u
has heretofore exercised.
Abstract.-Rv this section as amended.
the present Prohibition against n Judge
or Justice sitting In the appellate division
or In the court, Of appeals In review OF =
which he was at the time a sitting mem
Der. Is extended to the appellate term; the
same reasons which 'hunSeu u,iiy SnnIi.
Section ~ s. The orcial terms Of the
justices OF the supreme court shall ne -FOUR.
teen years from and including the hrst
day OF January next after their election
When q vacancy shall occur othsrwise man
tlCe Of the supreme court the same shaI
be nlled for n full term, at the next gen
months after such Vacancy occurs; and
until the vacancy shall be SO hlled' the gov
egnor by and with the advice AMI consent
Of the senate. N the senate shall be In ses.
sion. or II no, In session the sovernor. may
MI such vacancy by appointment, Wnlch
shall continue until and including the last
day OF December next after the eIectoh AT
which tho vacancy shall be hllod. -
Section 9. To secur. . more simple.
,lcc. Il shall he the duty Of the LEGISLATURE
To net with all convenient speed upon the
report 81 the hoard Of stn'n,G.y ron'o !,
the governor on the twenty-hrst DAY OF
ApriI, one thousand nine hundred and ~.
, nrrs;, s.d ~. 70 and sns', 70 /" . S,,s, a a s.e s.%a,. body
Of civil practice rules for the resv,n',on
II procedure In the court Of sPgssi.. su-
premP court and county courts. rue IrKis-
iaturr may make the civil practice rules
or any part thereof applicable to such other
,cmr'; a; !. MAJ nn, az not lee. ,n""
Ave years. the legislature may sppe,n, .
commission to consider and report "hs,
law and rules governing civil procedure:
The Legislature shall act on the rspor, 81
each such commission b. . snn,,f "n ~,
nj any other. time, enact any inw pre-,
scribins. regulating or changing the civil
psS," or county on sns courts court unless the judge.
or justices, empowered to max sWu
After the adoption Of the civil practice
rule. by the legislature under the require
ments of the first paragraph OF TINS sec
tIon. the power TO alter and amend such
rules and to make, alter and amend ci,u
The courts of the state to he exrrcised by
the Judge. Of the court Of appeals and sne
Justices Of the appellate division. OF the
supreme court, or by such Judges or JUS
court and the county courts a. the ,csis-
Rss,r"St FIJI. section u. intended to
remedy the existing evils OF the ci'it prso-
templates the adoption by the Legislature
NJ a snort practice act and a pody OF
practice rules which shall take the place
OF the practice now regulated by the code
VI cIva procedure. Under the present pro.
Cedure the practice IL regulated 10y tlgla
statutory rules which encourage controveT.
sizes over mere matters Of procedure. II
the provisions Of this section are carried
into. cnect the practice WI be reaulstsa
remove all disputes ovcT matters OF prac.
tlCc. II places the fesponNbtllty Tot the
administration OF Justice upon tho courts
rather than upon the legislature The
practice act and rules referred 70 ~ the
Of statutory consolidation which has been
engaged upon the task for over zen years.
~ attention. however during me pnst
two years being chiefly confined 20 the
civil procedure Ia the courts This hoard
consolidated the Feneral statutes OF ,the
state and prepared the statutory record OF
the special. private and local statutes al
! tho state az well as that Of the genera
statutes lis report upon proce lure w
three volumes which Is referred TO- IN this
section Is now before the legislature and
T. being examined by a Joint committee
Of the legislator. and comaiitte"s OF n"
various bar associations 81 the state THE
report viii come before the legislature for
action At is next session.
section :. The court Of claims L. con.
tinued and shall he n court OF record II
shall consist OF the three judges now in
office. who shall. hold their offices until
the 90 expiration of their respective terms!
and their ,uccrs.ors Who shall be appoinie,
b, the governor by aud with. the nd, ic,
hold office. for nine ,rnr,. The icsisla,
ture may further increase III" number oi
Judge. Of the court Of claim. b, perms,
Judge. heretofore appointed shall %coniinu,
10 serve until the hr,t da, oi January
one thousand nine hundred and eighteen
or such earlier date ns shali he deter,
mined pursuant to law The court shal
and such court st"noxraphers aud attend
ants ~ the legislature ma, provide. Tbs
Judges shall continue to receive from, th'
state their present compensation and al
owancc. until the Legislature shall other
inrir.dI"tio" now "Serci.rd ss i, and .n"i
additional jurisdiction To hear and deter
mn- claims against the state or hc,weci
conflicting claimants ns the legislature
may separately take testimony In relation
except by a majority 81 the whole court
The court NAV establish rules to go,rrI
ASstratt'-ThIs section make tho cour
OF claims a permanent court Of the state
subject to the, provisions OF the consti
tuition, as are the other courts enumeratc,
therein, The recent changes In this bod
for political PURPOSES 10y IN. legislature ha
court as u constitutional trihuna. 80 a
20 give 1t PPermHnengc and impr"Ne H. 81
noiency The !anguhSc Of the provision
laiing 20 This court. except that the !cgis
laiure may confer upon the court n
power 90 determine conflicting claims he
tween claimants. u jurisdiction which !
does not now possess.
New York. the court of common plea
Tor the city and county Of New York tn
superior court uf Buffalo, amt the cit
after the iirst day Of January, one thou
sand eight hundred and nin"tv--iN, an,
thereupon the seals, records, papers an
documents ~ or belonging to such CourtI
t shall be deposited In the Offices OF IN
clerks Of the several counties IN whlc'
, said courts now exist; and all actions an
proceedings then pending IN such court
Y Shall be transferred 20 the supreme comr
! for hearing and determination Th
r inilag OF said courts IN office on the mrs
dred and ninety-siN. shall for the re
. muinder OF the terms for which they wer
I elected or appointed BE- justices Of N
E IN the counties In which they we're elerte
= or appointed, Their salaries shall h
n paid by the said counties respectively. an
: shall be the same as the salaries of IN
= other justices Of the supreme court re
u siding In the same counties Their su,
' cessorS shall be elected "a justices Of IN
, dlclal districts In which they respective
y reside.
: several courts hereby abolished. shall b
\ vested In tho supreme court. Appeal
from Inferior and local courts now hear
in the court OF common pleas for the Ct,
\ court OF Puralo, shall be heard IN IN
supreme court In such manner ana h
such. Justice or Justices as the a%ppellat
r which include New York and Buffalo sha
Il direct. unless otherwise provided by IN
Il AhstractlThis section Is eliminated q
Il being now obsolete.
ia. circuit courts and courts OF oy,
2 and terminer are abolished from and ate
the last day OF December, one thOusan
u eight hundred and ninety-nye. All the
. jurisdiction shall thereupon he vested
n the supreme court aud Al actions and prt
a he transferred 10 the supreme court Il
; hearing and determination Any iustlr