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

ineration under section I OF article 8. The
further changes in section I are those In
h"ived In striking out the portions which
creation Of the ninth judicial district out
OF the former second district.
section :. 1.-The Legislature shall divide
.ss,. 'I, nsaa sphe present division OF the
s"nsinned: THE first department. shall
opnsist Of III. county of Sew York; the
others shall be bounded by county lines.
Years the legislature may alter the Judicial
numbcr thereof They shall be bounded
by county lines. and be compact and
faIa' n .h l,ppS +. Ito As 4. nearly :: ~ be;
" me supreme court are continued and
snsA consisttingl OF lscvenl mot Lees than
ir.t derartme", ." seven r Justice. d" !" he
second department and TOfl nvc justices
~ nssh Ut n. other departmentss Ihe
enuc to alt In the appellate divisions until
Tie term. Of their designations respec-
tilv.i, expire. The appellate division In the
which ease The p@ssldins Ja.iics ssaii IS.
s,an the .~yusticcs who from time to time
s sn." mat -, IN ssss PAT; The r,.sidins Iu.;;
destenate the Justice to preside In either
pass when he Ia not present. In each
tvtstou " VuTv tueTeOu luepdTl-
mentl four shall constitute a quorum. and
tho concurrence OF three shall be neces-
sary to a decision. No more than ave
tho Justices elected TO the supreme court
the governor shall designate those who
shau constitute the appellate division In
each department: and hel
The governor shall designate the pre-
siding Justice Of each department There
of, who shall act rs such during his term
OF ofnce T. and shall be u resident Of the
designated by the governor from all the
Justices elected to the supreme court for
terms OF hve years or the uncxpired por.
lions OF their respective terms of office. IL
less than Ave years. From time to time
as the terms OF tsuchl the designations
expire. or vacancies occur. the governor
lh"l shall make new designations a ma
lority OF the justices 80 designated to sit
In the appellate division, IN each depart
Ten Justice. h be de.isnstsd to it In the
appellate division In the first dcpar ri ent.
but In ease the presiding Justice thrrrcs
that the interests Of Justice "a r-Quirc the
governor shall designate two additional
Justices to sit therein. lilo may also make
absence or inability 20 act Of Ianyl y
justice o, any I'm ,thcl appellate division.
tn. p,e.idins Justice thereof may A..,an
to lit In the appellate division during such
absence. or inability. but no Justice shall
he so designated TO sit longer than four
presiding Justice Of any appellate division
shall certify {" him the governor that
for the speedy disposition Of the business
before it..Ll the governor shall DESIGNATE
such additional Justice or j%nstice-. when
ever the appellate division In any depart
ment shall he unable to- dispose Of I.s
business within "A reasonable time. a ma
jority OF tho presiding justices OF the sew
eral departments at a meeting called by
the presiding Justice OF tho department In
arrears tnayI shall transfer such number
siding Justices may determine to bc neces-
sary from such department 10 any other
department for hearing aud determination.
No Justice OF the appellate division shall.
within tho department 10 which he may
be designated TO perform the duties of an
appellate justice. exercise any OF MS
other than those OF a Justice out
Of court, and. those pertaining 70 the
decision OF mo,ions submitted by con-
sent Of counsel, but any such Justice.
when not actually engaged In perform
IN the department to which h. is des.s-
mated. may hold any term OF tho supreme
court and exercise any OF the power OF a
or judicial district In any other department
- the state, The appellate division. except
~. herein provided, shall have the jurts,
after the las; day OF Decs mber, eighteen
hundred and ninety-nve, he appellate d.
.rcissl by the supreme cour. at It's zen
erai terms and by the general terms o,
the court o.: common pleas Tor the city
Of the city OF New York. tn. superior court
NJ Buffalo and the city OF brooklyn and
such additional jurisdiction rs may b. con,
Judgments ~ zen, iction In criminal cases,
the appellate division or the appellate term
irncr imposed by the trial court or Judge.
u shall have power to appoint and remove
q, reporter, The justices OF the appellate
division in each dcpai 'ment shall have
power to iN the times and PAGES for hold
ing the tspec.all terne OF the supreme
IN n, departments 10 hold such terms IL,
Tor 20 make rules therefor
Abstract -rhi. section Is amended SO
as TO provide Tor the continuance OF the
present division Of the state into four judi
sial departments. II Increases tho number
of justices Of the appellate division in tn.
first department 10 not less than ten nor
more than twelve, ana In the second de-
psrtment 20 seven. leaving i've justices IN
each OF the other departments. a at pres
eut provided. In order t. MAKE II possible
for the appellate division ~ nc hrst de
OF its appellate business. which In 1915
amounted TO upwards Of 1900 appeals and
$50 original motions-ucarly double that OF
any other court In the srate-the court Is
authorized TO ST In two parts, and ~ the
presiding Justice at any time shall certify
10 the governor that IN" Interests ~ jus
diticnal justices TO sit IN that division. The
presiding Justice. OF any appellate division
j. also authorized, In case Of the absence OF
inability 20 act " any Justice thereof, 20
assign any Justice Of the supreme court q
~ In tho appellate division during such
longer than four months In any year. II
Is further provided that on appeals from
the appellate division or the arneIlatt
term. as the case ~ 81 he. may reduce th'
sentence Imposed me trial SHsrt o.
lion OF the iudicial business Of tho depart
mcnt. the justices OF the appellate division
IN each department are given power to IA
tho times and places for holding. not onlS
the special terms OF tho supreme court Cat
which equity cases only are trlablep. bu'
In that department. and to assign the Jus
tees In the departments 20 hold suct
terms The obsolete provisions r%eferrini
and county Ct New York. the superior court
Of the c',y OF, New York the tuperiol
BROOKLYN. are stricken out,
section 3. There shall be an appellate
term Of the supreme court In the Hr-i
and In the second department consisting
J~u.ticcs Of the supreme court 10 be desls
mated annually hS the appellate division
Of the supreme court In such Department.
spectively may designate Justices to st u
the appellate term during the temporar,
di.shili,. Of any Of the Justice, rI,s,ou-',
quorum. and the concurrence ~ n majorit,
Of the justices sitting shall he nrcrssar,
10 u decision. All appeals from Judgment
and orders In civil eases made by count,
courts within such departments, and nj
appeals from Judgments and orders made
b., the city court Of the city Of New York
the municipal court of the city Of New
York, the court. VI special sessions Of tn,
city 81 New York. NJ such courts now exist
or as hereafter consolidated or rpcOgnIyct
pursunnt To this article. and by all Othrl
Inferior local courts, except courts hels
by justices ~ the peace. city mRgistntrs
courts. and courts Of special srssions hci,