Bridgeton pioneer., 1890-03-27
LAY JUDGES.
THE FIRST APPOINTMENT OF
FLAX SEED JUDGES.
HOW Useless Ornaments 10 the
Bench Became to be q Real
ity in jersey.

AAV" useless OrnamentS 10 the
Bench Became to be a Real
ity in Jersey.
The increase of compensation for lay
judges in some counties, which has
been proposed in the legislature, has
| awakened public interest in the ques-
tlon of abolishing these judgeships
The bar is practically unanimous
against their retention in our judicial
system, and it is probable that in
vote OF the people large majority
would favor their abolition.
Comparatively few people in the
State know how the lay judge element
came to be part of New Jerseys sys-
tenn of jurisprudence, and the inform
alton will be Of general interest at this
time.
The original proprietors of New Jer-
sey, Berkeley and Carteret, conferred
upon the general assembly the right to
create courts and to define their juris-
diction.
This body first met in Elizabethtown
in 1868, but it was not until 1875 that
courts were created. The assembly of
that year established monthly courts
for trial of matters under forty shil-
lings to be held in each town of their
province by two or three persons, one
OF whom was to be justice of the
peace.
1t also established courts of sessions,
to be held twice a year in each county,
In which could be tried ''all causes ac-
tionable," and they seem to have had
unlimited jurisdiction with appeals to
the bench or Court of Chancery, in
suits involving more than twenty
pounds.
The Bench" was the court of as
size, held once a year in Woodbury., or
where the Governor and Council
should appoint. 1t was the Supreme
Court of the province, froin which ap-
peals would be only to the Governor
and Council, and through them to the
King.
The courts were the germs of our
present system. Soon after Lord Gran
bury was appointed Governor in 1904,
the Governor and Council ordained
there should be court of Common
Pleas in every county, and a Supreme
Court, to be held alternately at Perth
Amboy and Burlington, TO have cog
nizance of all cases as fully as the
courts of the Queen bench, Common
Pleas and Exchequer of England had.
Before the adoption of the constitu-
tion of 1874 the common pleas judges
were appointed by the legislature in
joint meeting, for five years, and their
number was unlimited. One Judge
could hold the court, but the number
in each county averaged from ten to
fifteen, and in some cases there were
thirty judges in county.
No legal education or other special
qualification was requisite in an incum-
bent of the office, no salary was paid,
and the small fees paid were INSULT
cient to defray the expenses of attend
ance at court. Once year a presiding
Judge was selected by the county
judges in each county, but this Judge
possessed no greater power than his
fellows because of his elevation to this
superior dignity.
The constitution of 1874 limited the
number of judges in each county,
but did not change the modes of ap-
pointment. The present amended
constitution gave the power of ap-
pointment to the governor, and in 1866
the legislature enacted there should be
no more than three common pleas
judges, besides the justice of the SUI
preme court, for the county, who
should be president judge of the court.
Although the act of 1866 made the
judge OF the supreme court the rresid-
ing Judge of the common pleas, he sell
dom presided in fact, but the court
continued to be held by tho judges,
who by this time come to be familiarly
known as the wooden judges, on &C:
count OF their ignorance of the law,
which they were appointed to d dsclarea
A Reform Demanded.
- 1uA - ~