Section 4. Transfer of causes; commission of appeals

Transfer of causes; commission of appeals

Upon the organization of the court of appeals, under this article, the causes then pending in the present court of appeals shall become vested in the court of appeals hereby established. Such of said causes as are pending on the first day of January, eighteen hundred and sixty-nine, shall be heard and determined by a commission, to be composed of five commissioners of appeals, four of whom shall be necessary to constitute a quorum. But the court of appeals hereby established may order any of said causes to be heard therein. Such commission shall be composed of the judges of the present court of appeals, elected or appointed thereto, and a fifth commissioner who shall be appointed by the governor by and with the advice and consent of the Senate; or if the Senate be not in session, by the governor; but in such case, the appointment shall expire at the end of the next session.