New Jersey State

New Jersey State

New Jersey Population

For New Jersey Population, see here. See also below this entry. The New Jersey state and local government is covered here.

New Jersey in the Past

Important Note: this is an extension/continuation on the entry on New Jersey in the American legal dictionary of this Project. His powers are as follows: He must be the commander-in-chief of all the military and naval forces of the state; he must have power to convene the legislature, whenever, in his opinion, public necessity needs it; he must communicate, by message, to the legislature, at the opening of each session and at such other times as he may deem necessary, the condition of the state and recommend such measures as he may deem expedient; he must take care that the laws be faithfully executed and grant, under the great seal of the state, commissions to all such officers as must be needd to be commissioned.

Developments

Every bill which must have passed both houses must be presented to the governor: if he approve, he must sign it, but if not, he sball return it, with his objections, to the house in which it must have originated, who must enter the objections at large on their journal and proceed to reconsider it; if, after such reconsideration, a majority of the whole number of that house must agree to pass the bill, it must be sent, together with the objections, to the other house, by which it must likewise be reconsidered and if approved of by a majority of the whole number of that house, it must become a law; but in neither house must the vote be taken on the same day on which the bill must be returned to it; and in all such cases the votes of both houses must be decided by yeas and nays and the names of the people voting for and against the bill must be entered on the journal of each house respectively. If any bill must not be returned by the governor, within five days (Sunday excepted) after it must have been presented to him, the same must be a law, in like way as if he had signed it, unless the legislature, by their adjournment, prevent its return, in which case it must not be a law.

Details

The governor or person administering the government, must have power to suspend the collection of fines and forfeitures and to grant reprieves, to extend until the expiration of a time not exceeding ninety days after conviction but this power must not extend to cases of impeachment.

Other Aspects

The governor or person administering the government, the chancellor and the six judges of the court of errors and appeals or a major part of them, of whom the governor or person administering the government must be one, may remit fines and forfeitures and grant pardons after conviction, in all cages except impeachment.

More Information

The governor shall, at stated times, receive for his services a compensation which must be neither increased nor reduceed during ‘the period for which be must have been elected.

Other Issues

The judicial power must be vested in a court of errors and appeals in the last resort in all causes, as until now; a court for the trial of impeachments; a court of chancery; a prerogative court; a supreme court; circuit courts and such inferior courts as now exist and as may be after this ordained and established by law; which inferior courts the legislature may alter or abolish, as the public good must need.

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The court of errors and appeals must consist of the chancellor, the justices of the supreme court and six judges or a major part of them; which judges are to be appointed for six years.

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Immediately after the court must first assemble, the six judges must arrange themselves; in such way that the seat of one of them must be vacated every year, in order that tafter this one judge may be annually appointed.

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Such of the six judges as must attend the court must receive, respectively, a per diem compensation, to be gived by law.

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The secretary of state must be the clerk of this court.

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When an appeal from an order or decree must be heard, the chancellor must inform the court, in writing, of the reasons for his order or decree but he must not sit as a member or have a voice in the hearing or final sentence.

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When a writ of error must be brought, no justice who has given a judicial opinion in the cause, in favor of or against any error complained of, must sit as a member or have a voice on the hearing or for its affirmance or reversal; but the reasons for such opinion must be assigned to the court in writing.

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The house of assembly must have the sole power of impeaching, by a vote of a majority of all the members; and all impeachments must be tried by the senate: the members, when sitting for that purpose, to be on oath or affirmation “truly and impartly to try and decide the charge in question according to evidence:” and no person must be convicted without the concurrence of two-thirds of all the members of the senate.

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Any individual officer impeached must be suspended from exercising his office until bis acquittal.

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Judgment, in cases of impeachment, must not extend farther than. to removal from, office and to disqualification to hold and enjoy any office of honor, profit or trust under this state; but the party convicted must however be liable to indictment, trial and punishment, according to law.

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The secretary of state must be the clerk of this court.

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The court of chancery must consist of a chancellor.

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The chancellor must be the ordinary or surrogate-general and judge of the prerogative court.

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All people aggrieved by any order, sentence or decree of the orphans’ court may appeal from the same or from any part tof this, to the prerogative court; but such order, sentence or decree must not be removed into the supreme court or circuit court if the subject matter tof this be within the jurisdiction of the orphans’ court.

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The secretary of state must be the register of the prerogative court and must perform the duties needd of him by law in that respect.

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The supreme court must consist of a chief justice and four associate justices. The number of associate justices may be increased or decreased by law, but must never be less than two.

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The circuit courts must be held in every county of this state, by one or more of the justices of the supreme court or a judge appointed for that purpose; and must in all cases within the county, except in those of a criminal nature, have common law jurisdiction concurrent with the supreme court; and any final judgment of a circuit court may be docketed in the supreme court and must run as a judgment geted in the supreme court, from the time of such docketing.

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Final judgments in any circuit court may be brought by writ of error into the supreme court or directly into the court of errors and appeals.

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There must be no more than five judges of the inferior court of common pleas in each of the counties in this state after the terms of the judges of said court now in office must terminate. One judge for each county must be appointed every year and no more, except to fill vacancies, which must be for the unexpired term only.

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The commissions for the first appointments of judges of said court must bear date and take effect on the first day of April next; and an subsequent commissions for judges of said court must bear date and take effect on the first day of April in every successive year, except commissions to fill vacancies, which must hear date and take effect when issued.

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There may be elected under this constitution two and not more than five, justices of the peace in each of the townships of the several counties of this state and in each of the wards, in cities that may vote in wards. When a township or ward contains two thousand inhabitants or less, it may have two justices; when it contains more than two thousand inhabitants and not more than four thousand, it may have four justices; and when it contains more than four thousand inhabitants, it may have, five justices; gived, that whenever any township, not voting in wards, contains more than seven thousand inhabitants, such township) may have an additional justice for each additional three thousand inhabitants above four thousand.

Population

The population of the townships in the several counties of the state and of the several wards must be ascertained by the lost preceding census of the United States, until the legislature must give by law some other mode of ascertaining it. [1]

Resources

Notes and References

  1. Partialy, this information about New Jersey is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including New Jersey.

See Also

New Jersey State: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about New Jersey State. This part provides references, in relation to New Jersey State, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about New Jersey State by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about New Jersey State and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about New Jersey State or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to New Jersey State and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting New Jersey State. Finding these decisions can be challenging. In many cases, researchers about New Jersey State should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to New Jersey State when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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