Institutional
History
The
Supreme Court of New Jersey was established in 1704 when Governor
Cornbury published "An Ordinance for Establishing Courts of
Judicature" upon his appointment as royal governor of the colony.
Placed under the jurisdiction of the English Parliament, the supreme
court was granted the same powers as the courts of the queen's (king's)
bench, common pleas and exchequer, namely, to have "cognizance
of all Pleas, civil criminal and mixt" (Bradford, Ordinance
of 1704). The court could either hear original cases or receive
appeals from lower courts, such as justices of the peace and county
courts of common pleas. In practice, the court's original civil
jurisdiction tended to be limited to cases involving land or relatively
large sums of money. Appeals from the supreme court itself could
be made only to the governor and council.
The court's jurisdiction remained relatively unchanged under the
state's first and second constitutions. The first constitution (1776)
adopted the colonial judicial system almost wholesale. The supreme
court's jurisdiction remained untouched, except that appeals would
now be made to an elective governor and legislative council, rather
than to their appointive predecessors. The second constitution (1844)
somewhat diminished the court's stature by requiring that appeals
from circuit courts be made not to it, but rather to a newly formed
court of errors and appeals.
During the colonial period, the Supreme Court met somewhat irregularly
in the first few decades before settling into a fairly steady pattern
of meeting four times each year, at Perth Amboy in March and August
and at Burlington in May and November. Between 1777 and April 1780,
the British occupation of New York City forced the court to move
its East Jersey sessions from Perth Amboy to a variety of safer
locations, including New Brunswick and Hillsborough. Beginning in
April 1780, the court convened all four sessions at Trenton. Court
terms were set by statute in 1798 as the months of February, May,
September and November.
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