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Court, and shall perform the duties required of him by law in that respect.
Sec. V.-1. The Supreme Court shall consist of a chief justice and four associate justices. The number of associate justices may be increased or decreased by law, but shall never be less than two.
2. The circuit courts shall be held in every county of this State, by one or more of the justices of the Supreme Court, or a judge ap. pointed for that purpose ; and shall in all cases within the county, except in those of a criminal nature, have common law jurisdiction concurrent with the Supreme Court; and any final judgment of a Circuit Court may be docketed in the Supreme Court, and shall operate as a judgment obtained in the Supreme Court, from the time of such docketing
3. Final judgments in any circuit court may be brought, by writ of error, into the Supreme Court, or directly into the Court of Errors and Appeals.
Sec. VI.-1. There shall be no more than five judges of the infelior court of Common Pleas in each of the counties in this State, after the terms of the judges of said court now in office shall termi. nate. One judge for each county shall be appointed every year, and no more, except to fill vacancies, which shall be for the unexpired term only.
2. The commissions for the first appointments of judges of said court, shall bear date and take effect on the first day of April next; and all subsequent commissions for judges of said court shall bear date and take effect on the first day of April in every successive year, except commissions to fill vacancies, which shall bear date and take effect when issued.
Sec. VII.-1. There may be elected under this Constitution two, and not more than five, justices of the peace in each of the townships of the several counties of this State, and in each of the wards, in cities that may vote in wards. When a township or ward contains two thousand inhabitants, or less, it may have two justices; when it contains more than two thousand inhabitants, and not more than four thousand, it may have four justices; and when it contains more than four thousand inhabitants, it may have five justices; provided, that whenever any township, not voting in wards, contains more than seven thousand inhabitants, such township may have an additional justice for each additional three thousand inhabitants above four thousand.
2. The population of the townships in the several counties of the State and of the several wards, shall be ascertained by the last preceding census of the United States, until the Legislature shal' provide by law some other mode of ascertaining it.
ARTICLE VII. Appointing Power and Tenure of Office.—Militia Officers. Sec. 1. The Legislature shall provide by law for enrolling, organizing, and arming the militia.
2. Captains, subalterns, and non-commissioned officers shall be elected by the members of their respective companies.
3. Field officers of regiments, independent battalions and squadrons, shall be elected by the commissioned officers of their respective regiments, battalions, or squadrons.
4. Brigadier-generals shall be elected by the field officers of their respective brigades.
5. Major-generals shall be nominated by the Governor, and appointed by him, with the advice and consent of the Senate.
6. The Legislature shall provide, by law, the time and manner of electing militia officers, and of certifying their elections to the Governor, who shall grant their commissions and determine their rank, when not determined by law ;-and no commissioned officer shall be removed from office but by the sentence of a court martial, pursuant to law.
7. In case the electors of subalterns, captains, or field officers, shall refuse or neglect to make such elections, the Governor shall have power to appoint such officers, and to fill all vacancies caused by such refusal or neglect.
8. Brigade inspectors shall be chosen by the field officers of their respective brigades.
9. The Governor shall appoint the adjutant-general, quartermaster-general, and all other militia officers whose appointment is not otherwise provided for in this Constitution.
10. Major-generals, brigadier-generals, and commanding officers of regiments, independent battalions, and squadrons, shall appoint the staff officers of their divisions, brigades, regiments, independent battalions, and squadrons, respectively.
Civil Officers. Sec. II.-1. Justices of the Supreme Court, Chancellor, and judges of the Court of Errors and Appeals, shall be nominated by the Governor, and appointed by him, with the advice and consent of the Senate.
The Justices of the Supreme Court, and Chancellor, shall hold their offices for the term of seven years; shall, at stated times, receive for their services a compensation, which shall not be diminished during the term of their appointments; and they shall hold no other office under the government of this State, or the United States.
2. Judges of the Court of Common Pleas shall be appointed by Senate and General Assembly, in joint meeting
They shall hold their offices for five years: but when appointed to fill vacancies, they shall hold for the unexpired term only.
3. The State Treasurer and the keeper and inspectors of the State Prison, shall be appointed by the Senate and General Assembly, in joint meeting
They shall hold their offices for one year, and until their successors shall be qualified into office.
4. The Attorney-General, prosecutors of the pleas, clerk of the Supreme Court, clerk of the Court of Chancery, and Secretary of State, 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.
5. The law reporten 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 of their respective counties, at the annual election for members of the General Assembly.
They shall be commissioned by the Governor, and hold their offices for five years.
7. Sheriffs and coroners shall be elected annually by the people of their respective counties, at the annual elections for members of the General Assembly.
They may be re-elected until they shall have served three years, but no longer; after which, three years must elapse before they can be again capable of serving.
8. Justices of the peace shall be elected by ballot at the annual meetings of the townships in the several counties of the State, and of the wards in cities that may vote in wards, in such manner, and under such regulations, as may be hereafter provided by law.
They shall be commissioned for the county, and their commissions shall bear date and take effect on the first day of May next after their election.
They shall hold their offices for five years :-except when elected to fill vacancies, they shall hold for the unexpired term only; provided, that the commission of any justice of the peace shall become vacant upon his ceasing to reside in the township in which he was elected
The first clection for justices of the peace shall take place at the next annual town meetings of the townships in the several counties of the State, and of the wards in cities that may vote in wards.
9. All other officers, whose appointments are not otherwise provided for by law, shall be nominated by the Governor, and appointed by him, with the advice and consent of the Senate; and they shall hold their offices for the time prescribed by law.
10. All civil officers nominated by the Governor, and appointed by him, with the advice and consent of the Senate, shall be commissioned by the Governor.
11. The term of office of all officers elected or appointed pursu
ant to the provisions of this Constitution, except when herein otherwise directed, shall commence on the day of the date of their respective commissions; but no commission for any office shall bear date prior to the expiration of the term of the incumbent of said office.
ARTICLE VIII.— General Provisions. 1. The Secretary of State shall be ex-officio an auditor of the accounts of the Treasurer, and, as such, it shall be his duty to assist the Legislature in the annual examination and settlement of said accounts, until otherwise provided by law.
2. The seal of the State shall be kept by the Governor or person administering the Government, and used by him officially, and shall be called the great seal of the State of New Jersey.
3. All grants and commissions shall be in the name and by the authority of the State of New Jersey, sealed with the great seal, signed by the Governor, or person administering the Government, and countersigned by the Secretary of State, and shall run thus: “ The State of New Jersey to —
-, greeting." All writs shall be in the name of the State; and all indictments shall conclude in the following manner, viz. : “ against the peace of this State, the government and dignity of the same."
4. This Constitution shall take effect and go into operation on the second day of September, in the year of our Lord one thousand eight hundred and forty-four.
ARTICLE IX.—Amendments. Any specific amendment or amendments to the Constitution may be proposed in the Senate or General Assembly, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and referred to the Legislature then next to be chosen, and shall be published for three months previous to making such choice, in at least one newspaper of each county, if any be published therein; and if in the Legislature next chosen, as aforesaid, such proposed amendment or amendments, or any of them, shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit to such proposed amendment or amendments; or such of them as may have been agreed to as aforesaid by the two Legislatures, to the people, in such manner and at such time, at least four months after the adjournment of the Legis. lature, as the Legislature shall prescribe; and if the people, at a special election to be held for that purpose only, shall approve and ratify such amendment or amendments, or any of them, by a majority of the electors qualified to vote for members of the Legislature voting thereon, such amendment or amendments, so approved and ratified, shall become part of the Constitution : provided, that if more than one amendment be submitted, they shall be submitted in such manner and form that the people may vote for or against each amend. ment separately and distinctly; but no amendment or amendments shall be submitted to the people by the Legislature oftener than once in five years.
ARTICLE X.—Schedule. That no inconvenience may arise from the change in the Constitution of this State, and in order to carry the same into complete operation, it is hereby declared and ordained, that
1. The common law and the statute laws now in force, not repugnant to this Constitution, shall remain in force until they expire by their own limitation, or be altered or repealed by the Legislature; and all writs, actions, causes of such action, prosecutions, contracts, claims, and rights of individuals, and of bodies corporate, and of the State, and all charters of incorporations, shall continue, and all indictments which shall have been found, or which may hereafter be found, for any crime or offence committed before the adoption of this Constitution, may be proceeded upon as if no change had taken place. The several courts of law and equity, except as herein otherwise provided, shall continue with the like powers and jurisdiction as if this Constitution had not been adopted.
2. All officers now filling any office or appointment, shall continue in the exercise of the duties thereof, according to their respective commissions or appointments unless by this Constitution it is otherwise directed.
3. The present Governor, Chancellor, and Ordinary or SurrogateGeneral, and Treasurer of this State, shall continue in office until successors elected or appointed under this Constitution shall be sworn or affirmed into office.
4. In case of the death, resignation, or disability of the present Governor, the person who may be Vice-President of the Council at the time of the adoption of this Constitution shall continue in office, and administer the government, until a Governor shall have been elected and sworn or affirmed into oflice under this Constitution.
5. The present Governor, or in case of his death, or disability to act, the Vice-President of Council, together with the present members of the Legislative Council and Secretary of State shall constitute a board of State canvassers, in the manner now provided by law, for the purpose of ascertaining and declaring the result of the next ensuing election for Governor, members of the House of Representatives, and electors of the President and Vice-President.
6. The returns of the votes for Governor, at the said next ensuing election shall be transmitted to the Secretary of State, the votes counted, and the election declared, in the manner now provided by law in the case of the election of electors of President and VicePresident.