N.J. Constitutional Convention: Vol. 4, Page 647


resort and an intermediate appellate court in which will be allowed a full review of law and facts; and

Whereas, as the supervisory and visitorial power of the present Supreme Court is one of the bulwarks of our present system and has been used with salutory and compelling results, it is our opinion that such power should be conferred unimpaired on the intermediate appellate court; and

Whereas, a determined effort is being made to abolish the Court of Chancery based upon arguments that lack validity or fairness; and

Whereas, the development of equity jurisprudence in New Jersey under a separate Court of Chancery is acknowledged by jurists, lawyers and scholars the world over to have reached a peak of advanced thinking and justice unequaled by any other judicial system in this country and England and whose decisions are cited with approval by practically every court in our country; and

Whereas, a virile and growing equity jurisprudence is that organ which gives to the body of the law its moral vitality and conscience and in so doing gives to law the power, remedies and flexibility required to protect the weak against the strong and all rights, inalienable, real, personal, and mixed, against the rigidities of legal form and precedent; and

Whereas, the tremendous increase in actions for divorce and nullity presents serious moral, social and special procedural problems that have been met and tried with strictness and due regard to the public policy of this State, under the Advisory Master system of the Court of Chancery, with its control centered in the Chancellor, and any attempt to remove this control and to leave questions of policy to each individual trial judge, would lead to possibilities of grave danger from loose procedure; and

Whereas, it is of vital concern to many of the litigants of this State that certain civil, probate and criminal matters be tried before county judges who are familiar with local customs and practices, therefore

Be It Resolved, that the members of the Hudson County Bar Association, in Special Meeting assembled, have determined and record as their considered judgment that any judicial system proposed by the Constitutional Convention should be constituted as follows:

  • 1. There should be an independent Court of Appeals consisting of at least seven members.  
  • 2. There should be an intermediate appellate court to hear appeals in the first instance, which court shall be vested with all jurisdiction heretofore vested in the Supreme Court, except jurisdiction of actions at law    inter partes   .  

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