N.J. Constitutional Convention: Vol. 4, Page 716


July 2, 1947
 Chairman, Judiciary Committee, State Constitutional Convention, Rutgers University, New Brunswick, N. J. Appeal on Original Record and Exhibits -  No printing of Record and Exhibits required.

Dear Sir:

In view of Judge Roscoe Pound's suggestions and recommendation for reducing the cost of litigation, may I call your Committee's attention to the practice in the English Courts of taking up an appeal on the record of the court below, together with the original exhibits used in the court of original jurisdiction. The minutes taken in the court below and the exhibits used therein are sent up. No printing of the record of the court of original jurisdiction is required and no copies of the exhibits are required to be printed by the appellants.

This greatly reducing the costs to the litigants, is an aid to justice to the small business man, who in the State conducts his business as a small corporation. 90% of our business in this State and elsewhere is done by small corporations owned by a few stockholders and with small capital.

A poor man may take advantage of the "poor person law" and have the printing of the record waived, but a small company doing business under the corporation form cannot take advantage of this poor person's act as a corporation is not a person and the act does not apply to the small corporation, while the large corporation can afford the cost of printing the record.

This proviso should go into the Constitution, for relief will not be granted by the Legislature or by court rules adopted under its authority. The small business man should be enabled to do business under modern methods so should have relief from the high costs of appeal, and thus placed in a position of equality before the courts, and so should the individual.

Respectfully,Archibald N. Jordan229 Larch Avenue, Teaneck, New Jersey.

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