N.J. Constitutional Convention: Vol. 4, Page 277



Section I

State for at least five years. They shall hold office for the term of five years; shall at stated times receive for their services such compensation, which shall not be diminished during their term of office, as the Legislature in its discretion shall fix for each county, and they shall hold no other office under the government of the State or of the United States, and shall not engage in practice of the law in the courts of the county where they hold court during their term of office. The judges of the Common Pleas in office when this amendment takes effect shall be the judges of the County Courts until the expiration of their present terms.

3. The Governor or person administering the government, and four citizens of the State appointed by the Governor, by and with the advice and consent of the Senate, shall constitute the Board of Pardons. The members of said Board, or any three of them, of whom the Governor or person administering the government shall be one, may remit fines and forfeitures, and grant reprieves, commutations, pardons and paroles, after conviction in all cases except impeachment. The four members specially appointed shall hold office for five years, and receive for their services a compensation which shall not be diminished during the term of their appointment.

4. The Legislature shall pass all laws necessary to carry into effect the provisions of the constitution and this amendment thereof."

MR. ECKMAN: What this proposes is a Supreme Court in three divisions: an Appeals Division which would have the appellate jurisdiction of the present Court of Errors and Appeals and of the Supreme Court, the Prerogative Court on appeals and the Orphans' Court on appeals. Then below that, the Law Division and the Chancery Division. The Law Division would have the jurisdiction, the original jurisdiction, of the Supreme Court and also of the present Circuit Court, while the Chancery Division would preserve the jurisdiction of the Court of Chancery and also the Prerogative Court and Ordinary in probate matters.

There is quite a lot of sentiment at the Bar for the preservation of the Court of Chancery. At a meeting of the Burlington County Bar Association the other night, the majority seemed to be in favor of preserving the present Court of Chancery, as is, as a separate court, and you, no doubt, heard a great many in favor of that, from witnesses of high standing. But personally favoring a unified system of courts, that would not be possible if we are to have a unified system of courts. I am concerned about preserving the court, however, designated as the Chancery Division, with its presiding officer retaining the rank of Chancellor, or the title of Chancellor, and a certain number of associates justices within.

That follows substantially the English Plan which, as we know, originated in the Judicature or the Reform Acts of 1873 and 1875, and then there was a further merger of certain divisions in 1881. But that court system has received a great deal of study and endorsement of high-ranking jurists as a very workable system, the courts being among the most efficient and expeditious courts in the world.

Then below the Supreme Court, so organized, I would favor pre-

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