The Supreme Court of New Jersey. inates them to the Senate, who may confirm or reject the "nominations. When Lord Cornbury undertook the task of reconstructing the courts of his province, he found a framework ready to his hand which only needed filling out, and perhaps required some additions. The proprietary courts then in existence had met all the re quirements of the community; but there were many inconsistencies and blemishes in them, and a guiding master mind was required to reduce them to order, lop off excrescences, introduce precision, make them consistent with each other, and, above all, produce system out of disorder. It is quite doubtful whether the measures which he adopted originated entirely in his own mind. They hardly seem consistent with the frivolity and meanness which he so often manifested. In fact, the conclusion can be fairly reached that he was very ma terially aided by a lawyer of mature life who came from England about that time, who had attained some eminence in his profes sion at home, and who afterward became the first Chief-Justice of New Jersey. Lord Cornbury's effort at reforming the courts was by ordinance, and without the intervention of the Legislature. He recog nized in his ordinances, however, the action of his Council, which had been selected for him by his sovereign to aid him in his re sponsible position of governor. His first ordinance is not dated; but it was promul gated in 1704, and somewhat less than two years after he received his commission. By this ordinance he invested every justice of the peace with full jurisdiction over all causes of debt and trespass to the value of forty shillings and under, which " causes or cases " might be heard, tried, and finally determined without a jury. The mode of procedure in such cases was particularly prescribed. By the same ordinance he also established Courts of Common Picas in each county in the colony, the sessions of which were to be held four times each year at the same place where the Courts of Sessions
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were held, and immediately after their ad journment. These Courts of Common Pleas had " Power and Jurisdiction to hear, try, and finally determine all Actions or Causes of Action, and all Matters and Things Tryable at Common Law of what nature or kind soever." From these courts an appeal was had where the judgment was for Ten Pounds or upwards, or where the right or title to land, " or anything relating thereto," might be brought into dispute. The ordi nance did not provide to what tribunal this appeal could be taken; but it was presum ably to the Supreme Court, which was cre ated at the same time and by the same ordinance. The royal governor also provided for the formation of General Sessions of the Peace, which, like the Common Pleas, were to sit four times yearly in each county, but could continue in session only four days at one time. The terms of the Commdn Pleas were to begin immediately at the close of the Court of Sessions, and could continue for three days. The jurisdiction of the Court of General Sessions was exclusively criminal. A "Supream" Court of judicature was also created by this ordinance, which was directed to sit alternately at Perth, Amboy, and Burlington. Its jurisdiction was de clared to be the same as that of the Courts of Queen's Bench, Common Pleas, and Ex chequer in England. This court was re quired to hold two sessions yearly, but could sit only five days at one time. Circuits of the " Supream " Court were held once in each year in every county in the State by one of the justices of the main court, as sisted by two or more justices of the peace of the county where the Circuit sat, but the terms could be only two days. This Supreme Court was authorized to establish such rules of practice as the judges of the Courts of Queen's Bench, Common Pleas, or Exchequer in England might ordain. The last section of this ordinance was
