The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1894-07-04
CHAPTER CXVI.


An Act to facilitate judicial proceedings in
counties of the second class.
l. BE it enacted by the Senate and General
Assembly of the State of New Jersey, That
the courts of common pleas, oyer and termin-
err and general Jail delivery, general quarter
sessions of the peace and orphans courts, in
and for the several counties of this State of
the second class shall hereafter consist of one
law judge and two lay judges in addition to
the Justice of the supreme court holding the
circuit for said county, and the said law judge
shall be IL counselor at law of this state of at
least five years standing, and in the absence
of the justice of the supreme court he shall be
the president Judge of such courts of common
pleas, oyer and termner and general Jail de-
| livery, general quarter sessions of the peace
and orphans courts, and shall have in all
matters within the jurisdiction of the said
several courts the exclusive power and author
ity to settle and determine all legal questions
and matters of practice.
=. And be il enacted, That whenever any
person shall be charged upon oath before any
officer authorized to hear the same in any of
said counties, with any offense now triable by
law before the court of general quarter SEES
sions of the peace, and such person shall, in
writing, signed by him or her addressed to the
prosecutor of the pleas, waive indictment and
trial by jury, and request to be tried imme-
diately, it shall be the duty of said prosecutor,
unless he shall think the public interest will
be benefited by denying said request, to apply
to said law Judge for the immediate trial of
said person. and the said law Judge shall
thereupon in his discretion call court of
special sessions to be composed of himself and
at least one Otllef Judge Oh Stllu county, WHICH
court is hereby empowered and required to try
such person with all due speed, having due re-
gard To the circumstances of the case, the pub
Tic interest and the possibility of obtaining
necessary witnesses to determine the guilt OF
innocence of the person charged; il such Il
person be acquitted by the said court, he OF
She shall be forthwith discharged; If he or she
shall plead guilty or be convicted, said court
shall thereupon forthwith render and record
such judgment of Imprisonment or fine, or
both as shall be authorized by the law in case
| Gu IN indicted
victed and it shall be the duty of said prose-
| cutor lin person or by deputy to attend upon
said trial prefer to said court an allegation in
writing alleging the time and place and ma
| ture of the otfense with which such person is
charged, and to which said person shall forth
| with plead, and the proceedings for bringing
cusation. place, trial and sentence shall be in
conformity with the law and the practice
heretofore, except as the same are altered by
this act, and the cost of all proceedings in
! said court under this act shall be taxed and
paid in the same manner MS costs of proceed
ings and indictments found in courts of oyer
and terminer and general delivery of said
county are now taxed and paid provided
that hereafter no person charged with lar,
ceny shall be tried otherwise than before said
courts of special sessions hereby provided for,
or on regular Indictment. according to the
| usual course of proceedings at law.
3. And be IL enacted, That the respective
clerks of the said counties shall be the clerks of
| the said courts of special sessions, and shall
| issue all process, whether of capias subpoena
OF Wltltll HllHil Itiulitu thil
| ing out the provisions of this act, which pro-
cess shall be delivered to the respective sheritfs
of the said counties, and shall be by them
served and returned under the same regula-
| tons and penalties, and with the same com
| pensation rs heretofore; and the said sheritis
shall be the officers of said courts, and exercise
| the same supervision and direction of all con-
stables and subordinate officers attending said
courts and in all things pertaining to the
| office, as heretofore.
| a. And be it enacted, That said law judges
| shall conversation
salary rs is now provided by law, payable in
monthly payments by the respective county
collectors of said counties, but shall receive no
share of the fees which are divided among or
paid to the judges of the courts of common
| pleas or orphans court.
s. And be it enacted, That all acts and parts
of acts Inconsistent with the provisions of this
act shall be and the same are hereby repealed,
and that this act shall be deemed public act
and take effect Immediately; provided, how
ever, that nothing herein shall operate to re-
peal or modify any of the acts whereby law
Judges have been heretofore provided for in
any of the counties of this state.
| Approved May l. 1884,