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governor and senate, or by the legislature in joint meeting, the 1 fill such vacancy and the commission shall expire at the end session of the legislature, unless a successor sha be sooner ap u a vacancy happens in the office of clerk or surrogate of any governor shall fill such vacancy, and the commission shall expire essor is elected and qualified. No person who shall have been the senate by the governor for any office of trust or profit under nt of this State, and shall not have been confirmed before the legislature, shall be eligible for appointment to such office during ce of such recess.17

ase of the impeachment of the governor, his absence from the ility to discharge the duties of his office, the powers, duties and f the office shall devolve upon the president of the senate; and is death, resignation or removal, then upon the speaker of the mbly for the time being, until the governor, absent or impeached, or be acquitted, or until the disqualification or inability shall

a new governor be elected and qualified.

se of a vacancy in the office of governor from any other cause rein enumerated, or in case of the death of the governor-elect qualified into office, the powers, duties and emoluments of the volve upon the president of the senate or speaker of the house s above provided for, until a new governor be elected and qual

ARTICLE VI.

JUDICIARY.

Section I.

dicial power shall be vested in a court of errors and appeals ort in all causes as heretofore; a court for the trial of impeachrt of chancery; a prerogative court; a supreme court; circuit h inferior courts as now exist, and as may be hereafter ordained d by law; which inferior courts the legislature may alter or public good shall require.

Section II.

urt of errors and appeals shall consist of the chancellor, the supreme court, and six judges, or a major part of them; which be appointed for six years.

ately after the court shall first assemble, the six judges shall lyes in such manner that the seat of one of them shall be year, in order that thereafter one judge may be annually ap

f the six judges as shall attend the court shall receive respectm compensation, to be provided by law.

retary of state shall be the clerk of this court.

in appeal from an order or decree shall be heard, the chancellor e court, in writing, of the reasons for his order or decree; but as a member, or have a voice in the hearing or final sentence. writ of error shall be brought, no justice who has given a in the cause in favor of or against any error complained of. member, or have à voice on the hearing, or for its affirmance t the reasons for such opinion shall be assigned to the court

Section III.

se of assembly shall have the sole power of impeaching. by a ity of all the members; and all impeachments shall be tried by

members, when sitting for that purpose, to be on oath or ly and impartially to try and determine the charge in question

12 was amended in 1897 by adding the last sentence.

according to evidence;" and no person shall be convicted without the concur rence of two-thirds of all the members of the senate.

2. Any judicial officer impeached shall be suspended from exercising his office until his acquittal.

3. Judgment in cases of impeachment shall not extend farther than to removal from office, and to disqualification to hold and enjoy any office of honor, profit or trust under this State; but the party convicted shall, never theless, be liable to indictment, trial and punishment according to law.

4. The secretary of state shall be the clerk of this court.

Section IV.

1. The court of chancery shall consist of a chancellor.

2. The chancellor shall be the ordinary or surrogate general, and judges“ of the prerogative court.

3. All persons aggrieved by any order, sentence or decree of the orphans court, may appeal from the same, or from any part thereof, to the prerogati court; but such order, sentence or decree shall not be removed into the suprem court, or circuit court if the subject-matter thereof be within the jurisdictio of the orphans' court.

4. The secretary of state shall be the register of the prerogative cou and shall perform the duties required of him by law in that respect.

Section V.

1. The supreme court shall consist of a chief justice and four assoct justices. The number of associate justices may be increased or decreased law, but shall never be less than two.

2. The circuit courts shall be held in every county of this State, by or more of the justices of the supreme court, or a judge appointed for t purpose, and shall, in all cases within the county, except in those of a cr inal nature, have common law jurisdiction, concurrent with the supreme com and any final judgment of a circuit court may be docketed in the supre court, and shall operate as a judgment obtained in the supreme court fr the time of such docketing.

3. Final judgments in any circuit court may be brought by writ of er into the supreme court, or directly into the court of errors and appeals,

Section VI.

1. There shall be no more than five judges of the inferior court of mon pleas in each of the counties in this State, after the terms of the ju of said court now in office shall terminate. One judge for each county be appointed every year, and no more, except to fill vacancies, which shal for the unexpired term only.

2. The commissions for the first appointments of judges of said o shall bear date and take effect on the first day of April next and all su quent commissions for judges of said court shall bear date and take effect the first day of April in every successive year, except commissions the vacancies, which shall bear date and take effect when issued.

Section VII.

1. There may be elected under this constitution two, and not more five, justices of the peace in each of the townships of the several coun es this State, and in each of the wards, in cities that may vote in wards. a township or ward contains two thousand inhabitants or less, it may h two justices; when it contains more than two thousand inhabitauts, and more than four thousand, it may have four justices; and when it conte more than four thousand inhabitants, it may have five justices; provided, 1 whenever any township not voting in wards contains more than seven thous inhabitants, such township may have an additional justice for each add* three thousand inhabitants above four thousand.

2. The population of the townships in the several counties of the s

d of the several wards shall be ascertained by the last preceding census the United States, until the legislature shall provide, by law, some other de of ascertaining it.

ARTICLE VII.

APPOINTING POWER AND TENURE OF OFFICE.

Section 1.

MILITIA OFFICERS.

1. The legislature shall provide by law for enrolling, organizing and armthe militia.

2. Captains, subalterns and non-commissioned officers shall be elected by members of their respective companies.

3. Field officers of regiments, independent battalions and squadrons shall lected by the commissioned officers of their respective regiments, battalions quadrons.

4. Brigadier-generals shall be elected by the field officers of their refive brigades.

5. Major-generals, the adjutant-general and quartermaster-general shall ominated by the governor, and appointed by him, with the advice and ent of the senate.18

6. The legislature shall provide, by law, the time and manner of electing Ja officers, and of certifying their elections to the governor, who shall their commissions, and determine their rank, when not determined by and no commissioned officer shall be removed from office but by the nce of a court-martial, pursuant to law.

In case the electors of subalterns, captains or field officers shall refuse eglect to make such elections, the governor shall have power to appoint officers, and to fill all vacancies caused by such refusal or neglect.

Brigade inspectors shall be chosen by the field officers of their respectrigades.

The governor shall appoint all militia officers whose appointment is otherwise provided for in this constitution.19

6. Major-generals, brigadier-generals and commanding officers of regis, independent battalions and squadrons shall appoint the staff officers of divisions, brigades, regiments, independent battalions and squadrons, reively.

Section II.

CIVIL OFFICERS.

1. Justices of the supreme court, chancellor, judges of the court of errors appeals and judges of the inferior court of common pleas shall be nomi1 by the governor, and appointed by him, with the advice and consent of senate.20

The justices of the supreme court and chancellor shall hold their offices he term of seven years; shall, at stated times, receive for their services apensation which shall not be diminished during the term of their appoint8: and they shall hold no other office under the government of this State f the United States.

2. Judges of the courts of common pleas shall be appointed by the senate general assembly, in joint meeting.

3. The state treasurer and comptroller shall be appointed by the senate general assembly, in joint meeting.

Amended in 1875 by inserting the words "the adjutant-general and quartermaseneral.'

Amended in 1875 by striking out the words "the adjutant-general, quartermasterral and" where they occur after the word "appoint" and the word "other" where it rred after the word "all" in the original paragraph.

Amended in 1875 by striking out the word "and" where it occurred after the I "chancellor" in the original paragraph, and inserting after the word "appeals" words "and judges of the inferior court of common pleas."

They shall hold their offices for five years; but when appointed to fill vacancies, they shall hold for the unexpired term only.

They shall hold their offices for three years, and until their successors shall be qualified into office.21

4. The attorney-general, prosecutors of the pleas, clerk of the supreme court, clerk of the court of chancery, secretary of state and the keeper of the state prison shall be nominated by the governor, and appointed by him, with the advice and consent of the senate.

They shall hold their offices for five years,22

5. The law reporter shall be appointed by the justices of the supreme court, or a majority of them; and the chancery reporter shall be appointed by the chancellor.

They shall hold their offices for five years.

6. Clerks and surrogates of counties shall be elected by the people their respective counties, at the annual elections for members of the genera assembly.

They shall hold their offices for five years.

7. Sheriffs and coroners shall be elected by the people of their respectių counties, at the elections for members of the general assembly, and they shal hold their offices for three years, after which three years must elapse befor they can be again capable of serving. Sheriffs shall annually renew the bonds,23

8. Justices of the peace shall be elected by ballot at the annual meeting of the townships in the several counties of the State, and of the wards cities that may vote in wards, in such manner and under such regulations may be hereafter provided by law.

They shall be commissioned for the county, and their commissions sh bear date and take effect on the first day of May next after their election. They shall hold their offices for five years; but when elected to fill vac cies, they shall hold for the unexpired term only; provided, that the c mission of any justice of the peace shall become vacant upon his ceasing reside in the township in which he was elected.

The first election for justices of the peace shall take place at the e annual town-meetings of the townships in the several counties of the Staf and of the wards in cities that may vote in wards,

9. All other officers, whose appointments are not otherwise provided for law, shall be nominated by the governor, and appointed by him, with the advi and consent of the senate; and shall hold their offices for the time prescribi by law.

10. All civil officers elected or appointed pursuant to the provisions this constitution, shall be commissioned by the governor.

11. The term of office of all officers elected or appointed, pursuant to provisions of this constitution, except when herein otherwise directed. sh commence on the day of the date of their respective commissions; but

21 Amended in 1875 by striking out the words "and the keeper and inspectors the state prison" where they occurred in the original after the word "treasurer" a inserting in lieu thereof the words "and comptroller"; by the same amendment words "one year" were stricken out and the words "three years" inserted.

Amended in 1875 by striking out the word "and" where it occurred in the or inal after the word "chancery" and inserting after the word "state" the words “ the keeper of the state prison."

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Amended in 1875 by striking out the word "annually" where it occurred in original paragraph after the word "elected"; also by striking out the word "annus where it occurred before the word "elections"; also by striking out the words "Th may be re-elected until they shall have served three years, but no longer" where the occurred after the words "assembly"; also by inserting after the word "assembly" words "and they shall hold their offices for three years"; also by adding to the end the paragraph the sentence, "Sheriffs shall annually renew their bonds." The ame ments to this Section proposed in 1875 also provide for the renumbering of all of paragraphs of the section beginning with the second so that paragraph 3 would paragraph 2, paragraph 4 would be paragraph 3, and so on. This was manifestly error on the part of the draftsman, as no paragraph had been stricken out or solidated and the numbering as it appeared in the original section still obtains.

for any office shall bear date prior to the "expiration of the term bent of said office.

ARTICLE VIII.

GENERAL PROVISIONS.

secretary of state shall be ex officio an auditor of the accounts urer, and as such, it shall be his duty to assist the legislature in examination and settlement of said accounts, until otherwise pro

v.

seal of the State shall be kept by the governor, or person admingovernment, and used by him officially, and shall be called the the State of New Jersey.

rants and commissions shall be in the name and by the authority of New Jersey, sealed with the great seal, signed by the govrson administering the government, and countersigned by the secte, and it shall run thus: "The State of New Jersey, to All writs shall be in the name of the State; and all indictments le in the following manner, viz., “against the peace of this State, ent and dignity of the same."

constitution shall take effect and go into operation on the second ember, in the year of our Lord one thousand eight hundred and

ARTICLE IX.

AMENDMENTS.

cific amendment or amendments to the constitution may be prosenate or general assembly, and if the same shall be agreed to y of the members elected to each of the two houses, such proposed or amendments shall be entered on their journals, with the yeas en thereon, and referred to the legislature then next to be chosen, published for three months previous to making such choice, in newspaper of each county, if any be published therein; and if in e next chosen as aforesaid, such proposed amendment or amendy of them, shall be agreed to by a majority of all the members ch house, then it shall be the duty of the legislature to submit 1 amendment or amendments, or such of them as may have been aforesaid by the two legislatures, to the people, in such manner time, at least four months after the adjournment of the legislalegislature shall prescribe; and if the people at a special election or that purpose only, shall approve and ratify such amendment ts, or any of them, by a majority of the electors qualified to vote of the legislature voting thereon, such amendment or amendments and ratified shall become part of the constitution; provided, that

one amendment be submitted, they shall be submitted in such form that the people may vote for or against each amendment ad distinctly; but no amendment or amendments shall be subpeople by the legislature oftener than once in five years.

ARTICLE X.

SCHEDULE.

inconvenience may arise from the change in the constitution of nd in order to carry the same into complete operation, it is ed and ordained, that

ommon law and the statute laws now in force, not repugnant to ion, shall remain in force until they expire by their own limitatered or repealed by the legislature; and all writs, actions, causes rosecutions, contracts, claims and rights of individuals and of ate, and of the State, and all charters of incorporation, shall conindictments which shall have been found, or which may here

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