The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1909-07-28

LORI; from the chancellor sitting al
ordinary or as the prerogative court
there is an appeal to the court Of er
rors and appeals. Thus under the
present system, if litigants are deter
mined, there are three appeals in mat
tiers involving the settlement Of es
tates and the property and persons Of
infants. Under the proposed system
there would be but two appeals, one
from the surrogate to the county
court and one from the county court
to the appellate division, and the leg.
islature is authorized even to take
away the appellate jurisdiction Of the
county court, so that litigants may
appeal direct from the surrogate to
the court of last resort If the legisla-
ture so enacts. a. The legislature
may confer further appellate jurisdic-
ton upon the appeals division. This
needs an explanation. 1t leaves the
matter for future legislatures as need
may arise. % The amendment gives
the appeals division such jurisdiction
as may be incident to the complete
determination of any cause on review,
saving the right of trial by jury. At
present the court of errors and ap-
peals has no original jurisdiction. 1t
has sometimes been questioned wheth-
er it has power to dispose finally Of
any cause or whether it must send
the case back with orders as to what
is to be done by the lower court. The
new provision meets this difficulty and
authorizes the appeals division to do
what is necessary for a complete de-
termination of the cause. The pro-
vision reserving the right Of trial by
jury Is necessary for the reason that
the spirit of our constitution requires
that the final determination of the
facts In trial at law shall be by a
jury. This provision is merely meant
to preserve the present right Of trial
by jury.
In short, the object of paragraph
OF section ) of the third amendment
is to simplify and shorten proceedings
on appeal.
Section ;, paragraph 2. The object
of this paragraph is to confer upon
the law division the present jurisdic-
ton of the supreme and circuit courts
and such further jurisdiction as the
legslat ure may choose to give It. II
Is necessary to provide in this way,
since the circuit courts will In name
cease 10 exist If the amendments are
adopted, and the supreme court will
become really supreme instead OF be-
Ing mere name. The law division
Is to be composed of seven judges in
stead of nine as at present. Its func-
lions will he the same as those now
exercised by the supreme and circuit
court, except In appeals which will so
direct to the appeals division. The
substantial change here seems TO be
merely in name. Instead of the judges
being called justices Of the supreme
court and circuit court judges, all will
be called justices of the supreme
court and will do the same trial work
as the circuit judges and supreme
court justices do now.
This paragraph, however contains
one most important clause. The juris-
diction Is TO he exercised by the law
division In accordance with the rules
of practice and procedure prescribed
by statute or, In the absence Of statute
by the supreme court. Our present
system of practice and procedure Is
based upon the old English practice
and procedure dating centuries ago,
with some notifications In the direc-
ton of greater simplicity and some
technlcality made some fifty years ago.
The present procedure Is very tech
meal. For example, when II man ia
sued upon an ordinary book account or
promissory note the declaration, as II
is called-that is to say. the COM
plant or state OF demand-of the
plaintiff need not give the defendant
any Information at all as to what the
suit is about. Ordinarily the defend
ant Is puzzled by being Informed that
he was indebted to the plaintiff for
goods sold for work and labor, fol-
money loaned, for money had and re.
ceived by the defendant for the plain
tiif's use, for interest and upon an nc.
count stated. The puzzled defendant
IL obliged to employ LAWYER to tell
him what II means and even the law
yer can ONLY guess what the suit In nj
about. Again. II has recently han
pened and has not been infrement
that in litiyations over The right I,
office In municipal corporation-s
town. city. borough or township or fl
a private corporation. railroad OF
business corporation-the party com
plaining has asked for writ of GER
tiorari and the court has thought h,
ought to have asked for quo war
ranto or a mandamus. He has failed
without even having the merits of the
case considered, merely because he
has failed to use the proper magical
words, Just as the man In the story
said Open. Barley, when he ought to
have said Open, Sesame. Apparently
the craftsmen of this amendment
have had this and similar troubles In
mind and have, therefore, empowered
the legislature by statute or the su