Article VI, § 1 attendants for the trial term to which he is assigned as may be necessary, not exceeding four; and all existing provisions of law relating to the appointment of clerks and stenographers for the parts and terms of the supreme court in the several judicial districts shall be applicable to the trial terms to which such trial commissioners may be assigned. 1900. S. No. 870 (Int. 716). S. J. 547. 6. Trial commissioners to assist supreme court justices in first and second districts § 1. (Proposal to add the following:) Whenever and as often as there shall be such an accumulation of causes on the calendar of the trial term of the supreme court, in the first and second judicial districts, that the public interests require a more speedy disposition thereof, the appellate division of the supreme court in the first and second departments may certify such fact to the governor, together with a recommendation that he may designate as many persons to act as trial commissioners of the supreme court in such judicial district for a specified period, as the said appellate division may deem requisite. The governor shall thereupon designate the number of trial commissioners so recommended for the specified period. The persons so designated shall be attorneys and counsellors-at-law of at least ten years' standing, practicing and residing in the judicial district to which they are appointed. Their jurisdiction shall be limited to the trial of such actions and special proceedings, and the disposition of such business, upon the trial term calendars of the supreme court in said district, as may be assigned to them, and subject to such rules and regulations as shall be made with regard thereto, by said appellate division. Every such trial commissioner, when holding a trial term, shall exercise therein all the powers conferred by law upon trial justices of the supreme court in the trial of actions and special proceedings at trial term; and may settle a case upon appeal after the expiration of his specified term. For his services, each trial commissioner shall be paid while actually engaged under his designation, such sum monthly as shall be equal to the salary for a like period of a justice of the supreme court in the first and second judicial district and such compensation shall be paid to him in the same manner. Each of such trial commissioners may appoint such attendants for the trial term to which he is assigned as may Article VI, § 2 be necessary, not exceeding four; and all existing provisions of law relating to the appointment of clerks and stenographers for the parts and terms of the supreme court in the first and second judicial districts shall be applicable to the trial terms to which such trial commissioners may be assigned. 1900. A. No. 1550 (Int. 685). To S. A. J. 401, 1095, 1394, 1506, 1601, 1621, 1699. S. J. 906. 7. Assignment of county judges to assist supreme court justices § 1. (Proposal to add the following:) Whenever and as often as the number of causes upon the calendar of the trial term of the supreme court in any county shall exceed two thousand, the appellate division of the department embracing such county shall certify such fact to the governor, who shall thereupon designate such number of county judges, not exceeding ten, as he shall deem necessary, to act as justices of the supreme court for such time as he shall designate, but no longer than until the number of causes upon the said calendar shall have been reduced to two thousand, which fact shall thereupon be certified by such appellate division to the governor, and on the filing of said certificate such designations of county judges to serve as justices of the supreme court shall thereupon expire. The county judges so designated shall continue to act as county judges, except during the time for which they shall be so designated as justices of the supreme court. They shall receive the same compensation for their services as such justices as is paid to justices of the supreme court from other departments assigned to the county to which such county judges are designated, to be paid in the same manner. No county judge shall serve as justice of the supreme court except while holding the office of county judge, nor shall sit outside the county to which he shall be assigned. § 2. The Legislature shall divide the State into four judicial departments. The first department shall consist of the county of New York; the others shall be bounded by county lines, and be compact and equal in population as nearly as may be. Once every ten years the Legislature may alter the judicial departments, but without increasing the number thereof. PART II 5 Article VI, § 2 There shall be an Appellate Division of the Supreme Court, consisting of seven Justices in the first department, and of five Justices in each of the other departments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five 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 he shall designate the Presiding Justice thereof, who shall act as such during his term of office, and shall be a resident of the department. The other Justices shall be designated for terms of five years, or the unexpired portions of their respective terms of office, if less than five years. From time to time as the terms of such designations expire, or vacancies occur, he shall make new designations. He may also make temporary designations in case of the absence or inability to act, of any Justice in the Appellate Division. A majority of the Justices designated to sit in the Appellate Division in each department shall be residents of the department. Whenever the Appellate Division in any department shall be unable to dispose of its business within a reasonable time, a majority of the Presiding Justices of the several departments at a meeting called by the Presiding Justice of the department in arrears may transfer any pending appeals from such department to any other department for hearing and determination. No Justice of the Appellate Division shall exercise any of the powers of a Justice of the Supreme Court, other than those of a Justice out of court, and those pertaining to the Appellate Division or to the hearing and decision of motions submitted by consent of counsel. From and after the last day of December, eighteen hundred and ninetyfive, the Appellate Division shall have the jurisdiction now exercised by the Supreme Court at its General Terms, and by the General Terms of the Court of Common Pleas for the City and County of New York, the Superior Court of the City of New York, the Superior Court of Buffalo and the City Court of Brooklyn, and such additional jurisdiction as may be conferred by the Legislature. It shall have power to appoint and remove a reporter. The Justices of the Appellate Division in each department shall have power to fix the times and places for holding Special and Trial Terms therein, and to assign the Justices in the departments to hold such terms; or to make rules therefor. Article VI, § 2 AMENDMENTS SUBMITTED TO THE PEOPLE AND ADOPTED § 2. The legislature shall divide the state into four judicial departments. The first department shall consist of the county of New York; the others shall be bounded by county lines, and be compact and equal in population as nearly as may be. Once every ten years the legislature may alter the judicial departments, but without increasing the number thereof. There shall be an appellate division of the supreme court, consisting of seven justices in the first department, and of five justices in each of the other departments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five 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 he shall designate the presiding justice thereof, who shall act as such during his term of office, and shall be a resident of the department. The other justices shall be designated for terms of five years or the unexpired portions of their respective terms of office, if less than five years. From time to time as the terms of such designations expire, or vacancies occur, he shall make new designations. A majority of the justices so designated to sit in the appellate division in each department shall be residents of the department. He may also make temporary designations in case of the absence or inability to act of any justice in the appellate division[-] [A majority of the justices designated to sit in the appellate division in each department shall be residents of the departments.], or in case the presiding justice of any appellate division shall certify to him that one or more additional justices are needed for the speedy disposition of the business before it. Whenever the appellate division in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the several departments at a meeting called by the presiding justice of the department in arrears may transfer any pending appeals from such department to any other department for hearing and determination. No justice of the appellate division shall exercise any of the powers of a justice of the supreme court, other than those of a justice out of court, and Article VI, § 2 those pertaining to the appellate division or to the hearing and decision of motions submitted by consent of counsel. From and after the last day of December, eighteen hundred and ninetyfive, the appellate division shall have the jurisdiction now exercised by the supreme court at its general terms and by the general terms of the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buffalo and the city court of Brooklyn, and such additional jurisdiction as may be conferred by the legislature. It shall have power to appoint and remove a reporter. The justices of the appellate division in each department shall have power to fix the times and places for holding special and trial terms therein, and to assign the justices in the departments to hold such terms; or to make rules therefor. 1898. 1899. S. No. 150 (Int. 146). To Sec. of State. S. J. 71, 210, 264, 274, 280, 1117. A. J. 652, 2037, 2084, 2156, 2158. S. No. 1313 (Int. 919). (Same as A. No. 2115.) To Sec. of State. S. J. 933, 1119, 1199, 1209, 1327, 1332, 1334, 1393. A. J. 2670. A. No. 2115 (Int. 1328). (Same as S. No. 1313.) A. J. 1501, 1726, 2044, 2114, 2116, 2211, 2242, 2275, 2277. To 8. Adopted Nov. 7, 1899. Vote: for, 283,880; against, 137,408. § 2. The legislature shall divide the state into four judicial departments. The first department shall consist of the county of New York; the others shall be bounded by county lines, and be compact and equal in population as nearly as may be. Once every ten years the legislature may alter the judicial departments, but without increasing the number thereof. There shall be an appellate division of the supreme court, consisting of seven justices in the first department, and of five justices in each of the other departments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five 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 he shall designate the presiding justice thereof, who shall act as such during his term of office, and shall be a resident of the department. The other justices shall be designated for terms of five years or the unexpired portions of their respective terms of office, if less than five years. From time to time as the terms of such designations expire, or vacancies |