N.J. Constitutional Convention: Vol. 4, Page 572


PROPOSED REVISED CONSTITUTION OF 1944

Article XI SCHEDULE

Section IV

ferred to the Superior Court, may be increased, as may be provided by law.

3. The Chief Justice shall annually assign a Common Pleas Judge, who is transferred to the Superior Court in accordance with this Article, to act as Resident Justice of the Superior Court, in the manner required by this Constitution, for the county of which he was Common Pleas Judge, so long as there shall be a Justice of the Superior Court in office who, prior to the taking effect of the Judicial Article of this Constitution, was a Common Pleas Judge of said county or until another Justice of the Superior Court is designated as Resident Justice of the Superior Court for said county.

4. When the Judicial Article of this Constitution takes effect:

  • (a) All causes pending in the Court of Errors and Appeals shall be transferred to the new Supreme Court for determination;  
  • (b) All causes pending on appeal in the present Supreme Court and in the Prerogative Court and all causes involving the Prerogative Writs shall be transferred to an appellate division of the Superior Court, to be designated by the Chief Justice;  
  • (c) All causes pending in the present Supreme Court sitting at circuit shall be transferred to the law section of the Superior Court of the appropriate county; and all causes pending in the Court of Chancery and all other causes pending in the Prerogative Court shall be transferred to the equity and probate section of the Superior Court of the appropriate county; but all pleadings, papers and documents filed and to be filed and all orders, judgments and decrees made and entered and to be made and entered in any such cause shall be filed, and entered in, the office of the State Clerk of the Superior Court and shall have the same effect as though filed and entered in the office of the Clerk of the Court in which such cause was instituted; and  
  • (d) All causes pending in any other county or State Courts, which are superseded by the taking effect of the Judicial Article of this Constitution, shall be transferred to the Superior Court.  
  • (e) Causes shall be deemed to be pending for the purposes of this paragraph notwithstanding that a judgment or decree has been entered therein until the time limited for review has expired.  

5. The files of all causes pending in the Court of Errors and Appeals shall be delivered by the Secretary of State to the Clerk of the new Supreme Court and the files of all causes pending in the present Supreme Court, in the Court of Chancery and the Prerogative Court shall be delivered by the Clerk of the Supreme Court, the Clerk in Chancery and the Register of the Prerogative Court, respectively, to the State Clerk of the Superior Court, and all other files, books, papers, records and documents and all property of the Court of Errors and Appeals, of the present Supreme Court, of the


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