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

meration under section I Of article 8. The
further changes In section l are those in
have become obsolete by reason OF the
creation OF the ninth judicial district out
OF The former second district.
Section 2. 1.-THE Legislature shall divide
the stated The present division Of the
state Into four judicial departments IL
continued; 1.-THE hrst department shall
others shall he bounded by county lines,
and he compact and equal In population
as nearly as may bel once every, ten
years the Legislature may alter the judicial
departments. hut without Increasing the
plumber thereof. They shall be bounded
by county lines. and he compact and
There shall be an The appellate divisions
OF the supreme court are continued and
shall consistlingl Of lsevenl not les, than
ten nor more than twelve justices in the
htSt department. seven Justices In the
second department and Iofl Ave Justices
n Sash OF ths other COMMITMENTS The
tlnue to sit In the appellate divisions until
the terms Of their designations respec-
lively expire. The appellate division In the
FIRST department may sit in two parts, In
which ease the presiding Justice shall as
sign the Justices who from time TO time
shall sit In zach part; The presiding Jus,
designate the Justice to preside In either
part when he IN not present. In each
appellate division or part thereof depart.
mentl four shall constitute a quorum. and
the concurrence OF three shall be neces-
sary to a decision. Ne more than ave
justices shall sit In any case. From all
the justices elected to the supreme court
the governor shall designate those who
shall constitute the appellate division In
each department; and hcl
The governor shall designate the pre-
siding Justice VI each department There
OIL, who shall act as such during his term
OF office [ and shall be a resident of the
department. The other justices shall be
designated by the governor from all the
Justices elected to the supreme court for
terms OF Ave years or the uncNpirCd por-
lions of their respective terms OF ofhcc, II
less than nve years. From time to time
as the terms Of tsuchl tue designations
expire, or vacancies occur. the governor
Incl shall make new designations. A ma
iority Of the justices so designated 10 SIT
In the appellate division. in each depart
Ten justices shall he designated to sit In the
appellate division In the first department
but In cnse the presiding Justice thereof
at any time shall certify to the governor
that the interests Of Justice 80 require tbs
governor shall designate two additions
Justices to sit therein. HE may also max,
temporary designations iul In case or th'
absence or Inability 60 act OF tany q
Justice OF any lin thel appellate division
the presiding Justice thereof may assign
any Of the Justices 10 the supreme court
to sit In the appellate division during -uct
absence or inability. but no Justice shal
he so designated TO sit longer than foui
presiding Justice of any appellate division
shall certify TO thlml the governor tho'
one or more additional justices are needcc
for the speedy disposition of The husints -
before IL t. the governor shall designate
such additional Justice or justices. w hen
ever the appellate division IN any depart
nent shall he unable to dispose OF ~
business within a reasonable time. a ma
jority ~ the presiding justices % the seV
ersl departments at a meeting ca.ied b.
the presiding justice OF the department II
arrears tmsy shall transfer such numbr
Of the lsnyl pending appeals a. the pre-
siding justices may determine to he nrcr.
..rx frAEVa such 40 nm . vnanf Ia any ONE
department for hearing and determination
No Justice OF the appellate division SHAH
be designated to perform the duties OF al
appellate justice, cNervis" any of N
powers 81 a Justice Of the suprcm" court
other than those of = Justice on
appellate division. or to the hearing an
decision 81 motions submitted by con
when no. actually engaged In perform
ing the duties % such appellate 1ustic
In the department to which he is desig
! mated. may hold any term % the supren
| court and exercise any Of the powers of
Justice 81 the supreme court In any count.
or judicial district IN any othsr iepartm.n
~ herein provided. shall have the juris
diction now exercised by II tFrotn an
after the last day of Decenber' .ishtee
! hundred and nlnetv.nvc, the appellate oil
! vision shall have the jurisdiction now eN
erciscl by the supreme court at its gen
crai terms and by the general terms q
I Inv AFulN ~ ~ fH.hE 49, -" 49,
and county Of New York. the superior cour
Of the cIjy Of New YORK, The superior cour
Of Buffalo and the city 81 Rrooklynl an
such additional jurisdiction as may be con
fcrred by the legislature On appeals fro'
judgments of conviction In criminal case
the appellate division or the appellate" teri
as the case may be may reduce the sen
tcnce imposed by the trial court or judE'
II shall have power TO appoint and IeinoN
a reporter. The justices OF the appeltat
division IN zach department shah hay
power to Tx the times and places for hold
Ing the tspociall terms of the -uprrm
court therein, aud to assign III, Jusiie,
IN the departments 20 hold such terms |
for 20 max rules therefor
Abstract-This section j. amended :
as to provide for the continuance" Of IA
present division OF the stat" into four iiu|
Ciai departments T. Increases ih' uun'ns
of justices Of the arpclIste division IN IN
hrs' department 10 not less than ten NJ
more han twelve, and In the second de
partment to seven. leavin. NE justices
each OF the other departments. a a. pref
ent provided In order 10 make It possih'
Tor the appellate division IN the hrst d'
partmcnt to dispose OF the growing Nolunl
Of igs appellate business. which IN l'l
amounted 90 upwards Of 1900 appeals Hr
$50 original mOtions--nearly double that
any other court In the statc-ih' court
authorized to sit In two parts and II ..
presiding Justice ~ any time shall Ccrttf
10 tho governor that the Interests OF IA
tlcc 50 require, he may designate two n
dltional Justices TO SIT In that division tt
presiding Justice Of any appellate divisio
IL also authorized. IN case OF the nbsenc" {
inability 10 act OF any Justice thereof.
assign any Justice OF the supreme court
st in tho appellate division during sue
absence or Inability, but Tor "A period NJ
longer han four months In any Year.
IL further provided that IN appeals fro
judgments OF conviction In criminal cas'
the appellate division or the sppe'In,.
sentence imposed ny the trial court
Judge For the purpose Of better distr'b'
mcnt. the Justice. ~ the appellate divislt
I'm each department are given power to I