The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-11-27
JERSEYS CHANCERY COURT.
JARNDTcE rs JARNDFcE CASES NOT
LACKING IN II.
Suits Pending HnIf . Century-Others That
win Never Re Finished vast Ac-
-eumnlations OF PnPrrs-The Modern
Law writers-A Relic of British RoJaity.

. oNMNA y hNNA AAAMM - @-
VIII Never he Finished vast Ac-
eumulations of PnPers-The Modern
Law writers-A Relic of British Royalty.
There must always be an interest In the
New Jersey Court Of Chancery, even among
those who have never been It's wards or Its pc
t~itiOners. That such q relic Of British royalty
should exist here Il invites the attention Of those
who know the ancient equity tribunal from
an acquaintance with JarndJce W. Jarndyce.
The Court Of Chancery. still fostered by New
Jersey. Il an offshoot from the legal trunk that
incited the sarcasm Of Charles Dickens In
Bleak House" In turning to yiew q tribunal
Of such historical and literary r"novn. It must
not be expected to see the same dinGy Lin.
coins Inn Hall and a Chancellor with a foeEy
halo around his head. bewiERed and fenced
within a crimson cloth. surrounded by maces.
petty bags and privy purses. II was such
when It was created. but the Official candles
have given way to electric lights. the court
room is as bright as the trescoer's art can
make Il. and the Chancellor has legally dis
solved himself into parts. In other words. the
modern system comprises q Chancellor and
i've Vice. hancellors. with as many chambers
scattered over the State Of New Jersey.
The practice Of the modern Court Of Chan
Gerry. though. differs only slightly from that
which was dlled with scarce rows Of lawsuits.
1t has been Literally sprayed with Yankee
ideas and Is a freshened Court OF ChancerY.
but no natter what has been done. It Is still
Chancery. with its ancient forms OF practice.
absolute powers and It's weary army Of liti-
giants. Those who are In It YEARLY wish they
we're out OF IL. and many that are out Of it
madly rush into It The same sign that
Charles Dickens wrote over the doors Of the
old English Chanoery Court would read well
over the main chamber OF the New Jersey
Tk.&.. nA,rk. sG,T.- a~- --A-. Nh,N "a.
be done you rather than com here" Those
who took the trouble TO run up and down the
narrow pages OF the several thousand docket
books In the vaults Of the ChancerJ ONCE In
the State House would soon reach the corclu-
sion that Chanoery Is Chancery. whether un-
der the King or the people, There Is Just as
much red tape. Just as much sealing wax. Just
the same bills, cross bills, answers. returns,
rejoinders. amendment to the answers. In
functions. af1dsvits, issues. references to
masters. masters reports and all the noun
tains OF costly nonsense described by Dickens.
Every one OF the causes on docket and on die
has acquired from one to ten pounds Of parch-
ment. seals and red tape. and the odoro OF mus
tiness which they have acquired is not q bit
from that in Lincoln's Inn Hall. where
Mr.. Blowers ioked with the Lnnd Chancellor.
All this documentary evidence OF legal frio-
ton means that there have been thousands
upon thousands OF people who have gone
through the New Jersey Chancery with moro
or less happiness. II the trouble is taken to
examine these dockets 1t will be found that
thousands Of cases are still pending. and
some may pend till Judgment day. Some OF
the litigants have gone to the celestial court OF
last resort, some have gone into bankruptcy
and many are still blindly lighting. Strange
as it may be. there have been cases like Jarn-
dyce VS.. Jarndyce, where the suit has 40
tually lapsed and melted out Of court: In other
words. the costs have consumed the princi-
pai. Tho litlgants got empty shells. the law
yers devoured the oysters, There are cases
that are pending and haze been pending for Q
half century or more. and to those few lRvy ers
that know them they are monuments Of Chan
Gerry practice. or exquisite examples Of what
can be done in the way Of making a Chan
Gerry Court interesting il the lawyers can In
duce their clients not to be ~parsimonious and
not TO expect quick results.
The Chancery Court OF England was long a
rotten Judicial system, and the first signs of
improyement came In the reign OF Charles n.
lts. opinions we're weighed and delivered with
Chancellor Nottingham died IN 1867 and his
name gees into history because he endeavored
e s4 aaOf the int inses Tais1c OF tS RsaS s5efs ane This II rs Is
mentioned because it was soon following his
death 81 that . branch OF the old GhanesTy Court
try; 1t grew and tourished In many States
and then withered except in New Jersey and
nished 70 G. z. Green. then Chancery reporter.
an authentic statement Of the DEVELOPMENT OF
says that the grants to'the proprietors author
ized the Assembly to create courts for all pnr-
SSS Sufs of e 6oS aGf Ras sfSh II With laS 6ia ssts issd o tee
an cases Lord Cornbury and his Council
Issued rs the J, ordnance creating the CouIt Of
nance said: 1T Will tend much to the ease and
benefit q her MaIesty,s subjects abiding
cases and suits be brought to a speedy termi-
nation" The ordinance empowered the Gov
the province and any two Of them oV Vii the os
sag Goyernor or LieutspsntoGo Governor 70 st
i hRf e eaat c @9fioas; The II ne Rev Re Gers s.Sq GSs Is the
OF the court 70 hear and determine ali causes
time shall come before them. In such manner
or near as may be according q the usage and
Gen us eanr Of the High Curt OF Chancery in the
The frs! Chancellor, Lord Cornbury. was no.
Anne and left England because Of his debts.
HE personal history is q such a character that
extant is now in the British Museum and rep
resents him IN female attire. which he fire.
srnor. in i7e2. oohtains;d 7 similar faIsiH'i powers SHy1
I PASSED SFe septa Q. 0 g9Es' t An Gov Srdl PrantlID was as
be the Chancellor and Judge Of the higher
court ne was eOIneWnAC In doubt as to his
powers and he had a special commission ascer-
tain whether he was Chancellor by the fact Of
being. Governor. The Constitution, adopted
fl I758. made the Governor the Chancellor.
confirmed and continued the court with like
powers, as before the Declaration Of Independ-
ence. This gave TO the free State OF New Jer-
sey the old English 1hancery procedure as
1t was Mr.. Snagsby Of Chancery Lane who
remarked that our Law writer's are a queer
lot Now Trenton has lite ChAncery lane
and It's Law writer's. and II old Mr.. Snagsby
could, see, the law writer's OF to-day the very
fact that he, was looking at them would yex
Mrs.; snaGsby. They are a group Of indus
chambers Of the State House Will be found
these %copyists, who write and write and COS
sip the meanwhile. putting into ponderous
zones the records o. this ancient Court Of
generation has troubles. just like those who
were before and those who will come after.
New Jersey ehancery has Islegated TO The rear
the old -time scriveners. The new Chancery
Court brought into existence for some years
the same ,scrivener or law writer such as
at a. the sI Rple once and the Kings Bench ON:
as the candlelight In the Old Chancsrr