8 vision is made in this Act, or in any such orders of court, 9 with reference thereto, it shall be exercised as nearly as 10 may be in the same manner as the same has been exer11 cised in the respective courts in which such jurisdiction 12 shall have heretofore been exercised.

SECTION 76. Meetings of the judges of the County 2 Courts.] The judges of the several County Courts shall

3 meet

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5

6

7

8

1. Once in each year, at the time and place of the meeting of the judges of the General Court of Judicature, as hereinbefore provided, and

2. At such other times and places as may be required by the presiding justice of County Courts,

9 for the consideration of such matters pertaining to the 10 administration of justice in the County Courts as may be 11 brought before them.

12 At such meetings the judges of the County Courts shall 13 receive and investigate or cause to be investigated, all 14 complaints presented to them pertaining to said County 15 Courts and to the officers thereof, and shall take such 16 steps provided by law as they may deem necessary or 17 proper with respect thereto.

18

The said judges of the County Courts so meeting shall

19 have power and it shall be their duty to recommend to 20 the Judicial Council all such rules and regulations for 21 the proper administration of justice in said courts as to 22 them may seem expedient.

SECTION 77. Reports to Chief Justice.] It shall be the 2 duty of the County Judge of each of the several counties 3 of the state to make reports to the Presiding Justice of 4 the County Courts at the close of every month concerning 5 the transactions of the County Court and District Mag6 istrates of his county in accordance with forms to be pre7 scribed by said Presiding Justice.

PART V.

THE JUDICIAL COUNCIL.

SECTION 78. Constitution of the Judicial Council.]

2 The Judicial Council hereinbefore and hereinafter re

3 ferred to, shall consist of

4

1. The Chief Justice;

2. The Presiding Justices of each of the several

divisions of the Superior Court;

3. The Presiding Justice of the County Courts,

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9

10

11

13

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if he be one other than the Chief Justice; but if not, then a County Judge appointed by the Chief Justice in writing, for such period as the Chief Justice shall specify, but not longer than the term of office of the Chief Justice.

4. One justice of the Court of Appeal and one judge of the General Court of Judicature, to be ap

15 pointed by the Chief Justice from time to time in writing, such appointment to continue for such time

16

17

18

as shall be specified therein, but not longer than the term of office of the Chief Justice.

This membership in the Judicial Council is based upon the assumption that the territorial plan of organization for the Superior Court is adopted. It would follow that the five Presiding Justices of divisions would form a permanent nucleus for the Council. The Chief Justice and three others appointed by him would constitute the changing element.

If the functional plan of organization for the Superior Court be adopted there might be only two divisions of the Superior Court. In that case the membership to the Council might be reduced to five-the Chief Justice, the two Presiding Justices of divisions, the Presiding Justice of the County Court, and one other appointed by the Chief Justice.

It has been suggested that the rules of court and of practice and procedure should be made by the Supreme Court Division of the Court of Appeals because it is the ultimate reviewing body and has the final word in the construction of rules.

Precisely these reasons have led the directors to conclude that the rule-making power should be placed in the Judicial Council.

When rules are made their application in a particular litigation may have an important bearing upon the result. Each side has an interest in the application of the rules. Their construction and application in a particular case is the exercise of the judicial function. The rules must be construed according to general rules of construction such as are applicable to statutory provisions. They cannot be changed, modified or twisted at the moment of application in a particular case. It follows that the ultimate judicial function in applying and construing the rules in a particular case is quite a different function from the making of the rules. It has seemed to the directors on the whole to be the part of wisdom to keep a clear line between the two functions and to permit the reviewing court to concentrate in its performance of the judicial function and to leave the rule-making power to a different body.

There is an especial advantage also in placing in the administrative hierarchy of the court the rule-making power, for it is among those who have administrative authority and responsibility that the greatest interest in the making and alteration of rules which guide the business of the court is to be obtained.

On the whole, it is better to unite the rule-making power with administrative responsibility than to give it to the court of last resort which has no administrative authority or responsibility, but only the duty to perform the judicial function of applying and contruing the rules.

SECTION 79. Powers of the Judicial Council.] The

2 Judicial Council, in addition to the powers hereinbefore

3 and hereafter conferred upon it, shall have power:

4

1. To reduce or add to the present number of judges

5 of any division of the Superior Court;

6 Provided that the total number of judges by this Act 7 determined shall not be increased or diminished, and also 8 Provided that the reduction of the regularly consti

9 tuted places in one division and the increasing of those of 10 another shall be effected only when a vacancy occurs in 11 the one in which the number is reduced.

12 2. To prescribe generally by rules of court the duties 13 and jurisdiction of masters, and District Magistrates. 3. To make, alter, and amend all rules:

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(a) For regulating the sittings of the Court of Appeal, the Superior Court, the several County Courts or of any branch thereof, of the judges sitting in chambers, and all vacations of judges;

(b) For regulating the pleadings, practice and procedure in the Court of Appeal, the Superior Court, the several County Courts and before Dis

trict Magistrates;

(c) Generally for regulating any matters relat

ing to Practice and procedure

In the General Court of Judicature, or

Any permanent or other division or branch thereof;

Or the duties of the officers thereof,

Or the costs of proceeding therein.

4. To make all rules and regulations