The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1888-12-26
EXPENSIVE JUSTICE.
KEEN DISSECTION OF JERSEY LAW
METHODS.

CAFEN0At6 Su0btO6s
KEEN DISSECTION OF JERSEY Law
METHODS.
Hoso tie Courts of the State are Constitg
ted-LeqGl PdgeaRtry Surprising the
Methods Of the ORIENT Cttna6sr.
some and Costly Machinery
"A Change Required.
From the cumden Daily 7slegrdm, Dee. 10.
For years there has been great COM
plant against the composition of the
courts of this State. The cumbrous-
ness of the system is annoying to the
lawyers, and the long delays incident to
trial, argument OF legal exceptions aud
final appeals to higher courts seriously
perplexes both counsel and client. The
British Empire, in its vastness, has not
such complicated legal system as OBJ.
tains in the State of New Jersey. 1t is
safe to say that there Is no lawyer or
judge upon the bench to-day, who can
upon inquiry, safely give correct pre-
cedent upon the'varied law and equity
practice of the intricately constituted
courts of this State.
THE COURT OF cHANcRRY.
With one exception. New Jersey is
the only State in the Union that has 9
court Of chancery, presided over by O
chancellor, where the legal fiction OF
equity is solely disposed of by him as
both judge and jury, on questions Of
law, equity and fact. The composition
of the New Jersey courts, is equal ia
the grandeur and royal retinue of an
Eastern Empire.
There is chancellor, two vice chan.
cellors, injunction masters. advisory
masters, examiners and masters in chan.
Gerry to an extent that puzzles the urban
ity of the appointing power of the chan.
cellor himself; who not only has the
prerogative OF appointing these officials,
but has, in addition, jurisdiction by in.
junction and attachment, over person
and property, equal to that of the Gear
of Russia, which power is alone checked
by the court of error and appeals, and in
the final review of which, he sits as pre-.
siding judge to vote and argue upon his
individual rulings, as decided by him
before.
THE CIRCUIT COURT.
The circuit court is composed of one
or more counties, presided over by one
of the justices of the supreme court
who tries civil causes. of matters in dis
pute exceeding one hundred dollars, il
not brought before the district court,
which court was created by depriving
justices of the peace of jurisdiction in
certain cities, aud giving the distriot
court concurrent jurisdiction with the
circuit court to the extent Of three hun
dred dollars.
The justice Of the supreme court is
merely trial judge OF the circuit court,
before whom are disposed of all causes,
not sonly civil but criminal, such as
murder, arson. rape and, until lately,
homicide, and granting of writs of
''haheas corpus
SPECIAL QUARTER SESSIONS.
Ia the more populous counties OF the
State. by act of the Legislature, spe.
cial court OF quarter sessions was Gre
ated, which is presided over by law
Judge and two lay judges, who now
have the right of trying upon request in
of the constitution, all
persons in confinement, without trial
by jury. The lay judges, as in fact all
of our judges, except those OF the dis
trict court, are appointed by the Cover
nor The lay judges while, as a rule,
men OF personal integrity, have not
the slightest knowledge OF the law.
The court in which they SIT as associates
is correctly named the court of common
pleas, trying matter of assault. minor
and appeals from justices of
the peace.
In less populous counties these COM
mon pleas courts are composed entirely
Of lay judges.
HOW APPEALS ARE TAKEN.
The circuit and common pleas courts
are renewable before the
supreme court, but the circuit court
Judge who tried the cause in his circuit
has right to vote upon his own rulings.
The supreme court has both original
and appellate jurisdiction. 1t can issue
writs of quo warranto, certioraris, man-
damuses, etc., and decides all legal dis
putes, excepting matters of equity"
Both the court of chancery aud the
supreme court are also renewable be-
fore the court of errors aud appeals,
which is higher than the supreme court,
and is composed of the chancellor, who
is the presiding judge, the chief Justice
Of the supreme court, who is also cir
cult judge, and each Of the judges of
the circuit court, who are also judges
Of the supreme court, and, as If this
legal farce was not sufficient, there are
also six additional lay judges, unlearned
in the law, appointed by the Governor
and this court, more intricate than
crazy quilt, as court of last resort,
deeides all questions, as to the consti-
OF the laws enacted by the
and establishes by its de-
the very highest legal author
ity of this great State.
The expense Of this grand and ap.
parently endless pageantry of courts is
nothing in comparison to the tedious
delays. A cause, partaking of law and
equity. must be tried 10 separate courts,
entailing double expense.
The cost Of the foreclosure of q mort
gage is five times greater than that of
any bordering State, and consumes
much longer time.
To obtain judgment in the circuit, of
any OF the inferior courts, and take
final appeal to the court OF errors. after
having been heard in the supreme, will
occupy year or more, entailing an
enormous outlay for expenses; whereas
in Now York, Pennsylvania and others
States, the supreme, or court of las,
resort, would hear argument. and rem.
der decision within very brief space
Of time, without any DISQUALIFICATION,
the decision being final.
EXPENSIVE MACHINERY.
The intricacy of our judicial system
is bewildering; the expense appalling;
the delay exasperatiug; and the system
is modelled after the efiste aud munifi.
cent pageantry OF English Royalty.
The chancellor receives a salary OF
BIC, 900 per annum. The two vice chan
cellors, 5000 each. The judges Of the
circuit, or supreme court, abont 80, coo
each.
The law judges Of the common pleas