Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-11-17
EARLY COURT PROCEDURE.

the small cause or Justices Court, origl-
mated by virtue OF an act Of the General
Assembly, passed in 1892, which provi-
ded that any justice of the peace might
near and determine any action OF debt
within his jurisdiction, under forty shil.
Iings, with the right OF appeal to the
County Court. At first the Justices were
appointed by the General Assembly, but
afterwards were elected by the inhabi-
tanis of each County.
The County Courts held by not less
than three Justices, according to the
Grants and Concessions, had unlimited
jurisdiction, both in civil and criminal
causes, except in cases of a capital nature
for which no provision was made, until
1893, when Court of Oyer and Termi-
ner was created, the judges to be named
by the Governor, with the advice of the
Council, which Judge, assisted by two
or more justices Of the County, where
the cause of the action arose, was en-
powered to try criminals under accusa-
tion for capital offences.
The County Court in its civil jurisdic-
ton was known as the Court of Common
Pleas and in it's authority over crimes
was called Court of Sessions OF the Peace
1t was also the origin of the lay judges,
for until the Constitution of 1S44, which
limited the number TO five, the Court
consisted of an indefinite number of JUS
tices of the Peace, and other persons Of
local consequence.
An Ordinance OF Lord Cornbury, pro-
mulgated s704, continued the Justices
Court, the Court OF Common Pleas and
the Sessions, and established a Supreme
Court with Circuit to be held in each
County by one of the Judges thereof, as
sisted by two or more of the Justices of
the Peace. BY the terms of this enact
ment the Gloucester Sessions We're
ordered to be held four times each wear,
in the months of March, June, Septem-
ber and December, and the term of the
Supreme Court Circuit was fixed as the
third Tuesday OF MAY at Gloucester.
These terms were subsequently altered
by rule of Court.
An Orphans Court was established in
1884, but prior to that time, the County
Court or the Justices exercised authority
over wills and estates of intestates.
After the Supreme Court Circuit was
established it was the custom to have the
Sheriff, Justices of the Peace and officers
Of the Court in all the counties, meet the
Court Judge at the County line to which
he had been escorted bv the officers of
the adjoining county, In those days
travelling was usually on horseback. The
Sheriff and Constables were in constant
attendance upon the Judge and escorted
him from the Court House to his place
of lodging. This practice was abolished
about the end of the eighteenth century.
This brings our subject down to the
time OF the adoption of the State Con-
stitution and the independence OF the
colonies. after which there was little, if
any, change in the status or jurisdiction
of the County Courts, except as to num-
ber and qualifications Of the Judges and
the method of their selection.
By far the most interesting period Of
the County's history, relating to its
Courts and legal matters, is that begin
ming with the adoption of what has been
termed the County Constitution, in 1856,
and ending about the middle OF the
eighteenth century.
Notwithstanding the fact that the So
called County Constitution provided that
Courts should be held both at Gloucester
and Red Bank, Sessions were held at the
latter places two or three time only, in
1856 and 1857 and then ceased. Glouces-
ter became to be recognized as the County
town and continued until the destruction
of the public buildings by fire, about
1887, when the County seat was removed
to Woodbury..
The exact location of the place where
the Court at Red Bank was held is un-
certain. although from the best historical
information obtainable, it is quite proba-
bic, the Sessions were at a tavern, which
had been erected near the mouth OF the
Woodbury. Creek. Neither is there any
authentic statement in existence, by
which can be discovered the reason why
the positive regulation of the Consttu-
ton was disregarded, and sessions Of
Court no longer held at Red Bank after
1857.
The earliest records of the County are
contained in book entitled as follows
"Book of Records of the Minutes Of the
Courts Of Sessions and Common Pleas
@for the County OF Gloucester this 2Sth
May 1855.
On page ! is copied the beforemen-
toned CoDntv Constitution and then fol-
lows the minutes OF the first Court held
at Gloucester ton We lst day of month
1856 !" The Justices present ton We
Bench" were Francis Collins, Thomas
lIl6Ckdkd anu JUN " pOQ. i WetbN-IlVP
names were returned by We Sheriff for
Jurors, of whom fourteen only were at
tested on the Jury. Fonr of the number
summoned failed to respond and the Jury
did present and with ye concurrence OF
the Court fyned each and every Of them
ten shillings apiece for their non-appear-
ance. and the Clerk was ordered to give
the Sheriff warrant for the speedy gath
ering in Of the said fines.
On the same day after an adjournment
of an hour and half Upon ye COM
"plaint of Rehecca Hammond against
'sher master, Robert Zane, for want Of
necessary apparel, as alsoe his failure
Gin some covenants that he was obliged
tby his indenture to perform-it was or
s'dered that We said Rob. Zane before We
first day of the ninth mouth next,
'sshould find and give to yesaid Rebecka
'sHammond apparel to he value of three
stpounds seven sbillings and six pence
'sand also fifty acres of land to her and
cher heirs forever, and in case ye sd
"Rob. shall dislike this order, then te
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