N.J. Constitutional Convention: Vol. 4, Page 256


STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947 COMMITTEE ON THE JUDICIARY
Thursday, July 3, 1947 (Afternoon session)
"DRAFT OF JUDICIAL ARTICLE

Article - - -

Section VII

1. The Chancery Division of the General Court shall consist of a Chancellor, who shall be the Presiding Judge of the Chancery Division of the Court, and - - Vice-Chancellors. The number of Vice-Chancellors may be increased by the Legislature as the public good may require.

2. The Chancery Division of the General Court shall have and exercise throughout the State all the original inherent jurisdiction possessed by the former Court of Chancery and by the former Prerogative Court of this State under the Constitution of 1844, except as inconsistent with the provisions hereof, together with such additional jurisdiction as is hereby conferred upon it.

3. The Chancellor shall have power and authority to exercise in his own name alone all the powers and functions of the Chancery Division of the General Court, and each of the Vice-Chancellors, subject to rules made by the Supreme Court, shall have power and authority to exercise in his own name alone all the powers and functions of the Chancery Division of the General Court.

4. The Legislature may vest Chancery powers in the County Courts, so far as relates to the foreclosure of mortgages and sale of mortgaged premises.

Section VIII

1. An appeal to the Supreme Court from any court may be taken only:

(1) In capital cases and cases involving a question arising under the Constitution of the United States or of this State, which appeals shall be taken directly as a matter of right to the Supreme Court.

(2) As a matter of right from any final judgment, decree, or order of the Appellate Division of the General Court made upon appeal taken as a matter of right from either the Law Division or the Chancery Division of the General Court or from a County Court where at least two of the members of the Appellate Division of the General Court dissent from the decision of the Appellate Division of the General Court and assign in writing their reasons therefor, and from any other judgment, decree or order of the Appellate Division of the General Court by permission of the Supreme Court or a Justice thereof or of the Appellate Division of the General Court, or a Judge thereof, subject to rules made by the Supreme Court.

2. (1) An appeal to the Appellate Division of the General Court may be taken as a matter of right from any final judgment, decree or order of either the Law Division or the Chancery Division of the General Court, including an appeal from any order denying a prerogative writ; and from any final judgment, decree or order of a County Court.

(2) An appeal to the Appellate Division of the General Court may be taken from any other judgment, decree or order of either the Law Division or the Chancery Division of the General Court or of a County Court, and from any final judgment, decree or order of an inferior court, only as may be provided by law.

Section IX

1. There shall be a County Court in each of the several counties of this State.

2. Each such Court shall consist of one or more Judges the number of whom shall be established by law and each of whom shall be a lawyer of this State of at least - - years standing.

3. Each County Court shall have and exercise within its own County all jurisdiction heretofore exercised by the Court of Oyer and Terminer, Special Sessions, Common Pleas, Orphans' Court, Surrogate's Court and such other jurisdiction as may be conferred by law.


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