The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-06-19
S. D. LAUTER CO.,
657-659 BROAD ST, NEWARK, NJ. ].


fixed as the legal fees and charges to be
made, paid and taxed as part of the judg-
ment in any civil cause in any of the courts
of this State.
That before the filing of any bill on the
issuance of any subpoena, IN or other
original writ or process, the sum of two
dollars to be paid to the State or county, as
the case may be, and at the same time the
sum of two dollars to be paid to the
clerk for his fees and services in such
cause, and in case of a final decree or
Judgment or non-sult, or the dismissal of q
bill for want of prosecution or non-suit, to
the attorney or solicitor of record of the pre-
vailing party, the sun of twenty dollars, on
ly, of said costs to be taxed as a part of the
judgment, and to be received accordingly.
In case of appeal or writ of error by which
any rule, order, decree or Judgment shall be
taken to q higher court, the same fees shall
be paid on appeal or writ of error on the fill
ing of the original papers therein, for the use
of the State and the Clerk, as required at the
institution of the suit or action as aforesaid,
and a like attorney, solicitor or counsel fee
shall also be recoverable and be taxed in the
costs of the prevailing party.
That this act shall not affect the fees of a
Sheriff, constable or other officer in serving
any writ to prevent the actual expenses or
disbursements necessary in the prosecution
of any cause which may be allowed and
taxed as a part of the costs, by the court, in
favor of the prevailing party, and entered
up with and as a part of the final Judgment
or decree entered in the cause.
That the rate of fees and costs herein pro-
vided for shall not apply to courts for the
trial of small causesso or to district courts in
cities. .-s,,
That all fees, or costs taxable or payable
to the the judge or judges, or clerk of any
of the courts of this State, in any civil &C
ton or proceeding, as now provided by law,
other than those in this act expressly pro-
vided for, or any fees or costs payable or
taxable to any attorney, solicitor or counsel
i'll any such suit or action, other than as
herein provided, are hereby abolished.
contested COURTS.
The commission has a very practical il
lustration of the shortcomings of the present
system in the embarrassed condition of the
Supreme Court. The June term of this
court developed the longest list of causes
ever known in the history of New Jersey,
and, as a result, they nave not yet disposed
of one halt of the cases OF the list and viii
not be able to complete it by next Tuesday,
when the Court of Errors and Appeals viii
begin its sessions. The court, appreciating
the numerous causes to be argued before it,
divided its energy as well as it could, having
at some times as many7as three branches in
session on the same day, but, even with this
arrangement they have been unable to get
to the bottom of the list and, some. of the
cases will have to go over until next term,
unless submitted by brief. i
COURT OF ERRORS CROWDED.
The list of causes for the Court of Errors
is quite extensive, and will take the judges
well into hot weather, and this state of
affairs very pronouncedly argues in favor of
the amendment submitted by Chancery
Clerk Allan L. McDermott at Tuesdays ses-
sion of the Constitutional Commission: that
the Court of Last Resort should consist only
of counsellors-at-law of ton years standing
who are not members OF any other court. If
the supreme Court judges were not member
of the Court of Errors and Appeals, they
could continue their sessions until they
heard all causes that nave a right to be heard
before them, and if the Court Of Last Resort
were of independent construction it could do
its work irrespective of the business of the
Supreme Court.
The increase of business of the Supreme
Court is not occasional. 1t is becoming gen
eral, and each term brings a longer list of
causes, showing The necessity of a separation
of these two appellate branches of the jul
dietary.