N.J. Constitutional Convention: Vol. 4, Page 573


PROPOSED REVISED CONSTITUTION OF 1944

Article XI SCHEDULE

Section IV

Prerogative Court and of the Court of Chancery or in the custody of said Courts shall be disposed of as shall be provided by law.

6. The Court of Errors and Appeals, the present Supreme Court, the Court of Chancery and the Prerogative Court shall be abolished when the Judicial Article of this Constitution takes effect and all their jurisdiction, functions, powers and duties shall be transferred to and divided between the new Supreme Court and the Superior Court according as jurisdiction is vested in each of them under this Constitution.

7. The Circuit Courts, Courts of Common Pleas, Courts of Oyer and Terminer, Courts of Quarter Sessions, Courts of Special Sessions and the Orphans' Courts shall be abolished when the Judicial Article of this Constitution takes effect, and all their jurisdiction, functions, powers and duties shall be transferred to the Superior Court. Causes pending in such superseded Courts shall be heard in the Superior Court sitting in the same county.

8. From and after the taking effect of the Judicial Article of this Constitution, all the functions, powers and duties conferred by statute or rule upon the Chancellor, the Ordinary and the Justices and Judges of Courts abolished by this Constitution, to the extent that such functions, powers and duties are not inconsistent with this Constitution, shall be transferred to and may be exercised by Justices of the Superior Court until otherwise provided by law or rule of the Supreme Court; excepting that such statutory powers not related to the administration of justice as are then vested in any such judicial officers shall, after the Judicial Article of this Constitution takes effect and until otherwise provided by law, be transferred to and shall be exercised by the Chief Justice of the Supreme Court.

9. Upon the taking effect of the Judicial Article of this Constitution, the Clerk of the Supreme Court shall become the Clerk of the new Supreme Court and shall serve as such Clerk until the expiration of the term for which he was appointed as Clerk of the Supreme Court, and all employees of the Supreme Court as previously constituted, of the Clerk thereof and of the Chief Justice and the Justices thereof and of the Court of Errors and Appeals shall be transferred to appropriate similar positions with similar compensation and civil service status under the Clerk of the Supreme Court or the Supreme Court which shall be provided by law.

10. Upon the taking effect of the Judicial Article of this Constitution, the Clerk in Chancery shall become the State Clerk of the Superior Court and shall serve as such Clerk until the expiration of the term for which he was appointed as Clerk in Chancery, and all employees of the Clerk in Chancery, the Court of Chancery, the Chancellor and the several Vice-Chancellors shall be transferred to appropriate similar positions with similar compensation and civil


Previous Page in Book ********* Table of Contents *********** Next Page in Book