The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-08-16
CHAPTER CxyI.
An Act to facilitate judicial proceeding
in counties of the second class.

An Act to facilitate judicial proceedings
in counties of the second class.
1. Be it enacted by the Senate and Cen
eral Assembly of the State of New Jersey,
That the courts of common pleas, oyer
and terminert and general Jail delivery,
general quarter sessions of the peace and
counties of this state of the second class,
shall hereafter consist of one law Judge
and two lay judges in addition to the JUS
tice of the supreme court holding the CIR
cult for said county, and the said law
Judge shall be a counsellor-at-laW OF this
state of at least five years standing, and
in the absence of the justice of the su-
preme court he shall be the president
Judge of such courts of common pleas,
oyer and terminer 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 authority to settle and deter.
mine all legal questions and matters OF
practice.
2. And be it enacted, That whenever any
person shall be charged upon oath before
any officer authorized to hear the same in,
any of aid counties, with any ofence now
triable by law before the court OF general
quarter sessions 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 Immediately, II
shall be the duty of said prosecutor, un-
less he shall think the pubic interest VIII
be benefited by denying said request, to
apply to said law judge for the immedlate
trial of said person, and the said law Judge
shall thereupon in his discretion cal a
court of special sessions, to be composed
of himself ana at least one other judge OF
said county, which court is hereby en-
powered and required to try such person
with all due speed, having due regard to
the circumstances of the case, the PUBIC
interest and the possibility OF obtaining
witnesses to determine the quit
or innocence of the person charged; II
such a person be acquitted by the said
court, he or she shall be forthwith dis
charged if he or she shall plead guilty
or be convicted, said court shall mere
upon forthwith render and record such
judgement of imprisonment or me, or
both, as shall be authorized by the law,
in case such person nag peen quly IN
dicted and convicted; and it shall be the
duty of said prosecutor lin person or by
deputy to attend upon said trial, prefer
to said court an allegation in writing al
leging the time and place and nature OF
the offence with which such person IS
charged, and to which said person shall
forthwith plead, and the proceedings for
such court, the accusation, place, trial
and sentence shall be in conformity with
the law and practice heretofore, except
as the same are altered py inns aet, .aa,i,rgt
under this act shall be taxed and pald IN
the same as costs OF proceeding
and indictments found IN courts 81 oyer
and terminer and general Jail delivery OF
said county are now taxed and paid; pro-
vided, that hereafter no person charged
with larceny shall be tried otherwise tnan
-eIsu SUCCESSES IgIo9ds 10 slInoo pres eIoIsq
by provided for. or on regular lndlcts
ment. according to the usual course OF
proceedings at law.
3. And be enacted, That the respective
clerks of the said counties shall be the
clerks of the said courts of special ses-
sions. and shall issue all process, whether
of capias, subpoena or execution,
which shall be required in carrying out
the provisions of this act, which process
shall be delivered to the respective sher-
ifs of the said counties. n shall be
by them served, n returned under the
same regulations and penalties, and with
the same compensation as heretofore;
and the said sheriffs shall be the officers
of said courts, and exercise the same su-
pervision and direction of all constables
and subordinate officers attending said
the Office. as heretofore.
4. And be it enacted. That said law
Judges shall each receive such compen
sation and salary as is now provided by
law, payable in monthly. payments ky
the respective county collectors of said
counties, but h receive no share of
the fees which are divided among or