1:1-22. Statutes which became effective before September 15, 1948 relating to courts or officers existing prior thereto; effect to be given to
Any statute, which became effective prior to September fifteenth, one thousand nine hundred and forty-eight and still remains in effect and which contains any provision governing or relating to any court or officer, existing prior to said date in accordance with the Constitution of 1844, hereinafter designated, shall be given effect, on and after said date, as governing or relating to the court or officer established in accordance with the Constitution of 1947, hereinafter designated, as though the reference therein to the former court or officer were made to such latter court or officer, except as otherwise provided in this act or in the Rules made and promulgated by the Supreme Court and in cases in which the provisions of the Constitution of 1947 may be to the contrary, and any power conferred upon, jurisdiction vested in, duty provided to be performed by, limitation prescribed upon the action of, or provision governing or relating to, any such former court or officer shall, except as aforesaid, be conferred upon, be vested in, be performed by, be applicable to or govern or relate to such latter court or officer as fully as though such latter court or officer were specifically referred to therein:
(a) Where the reference is to the Court of Errors and Appeals, it shall be given effect as though it were to the Supreme Court established by the Constitution of 1947, except where a right of review by the Court of Errors and Appeals, by appeal or otherwise, is provided for in such statute;
(b) Where the reference is to the former Supreme Court, in respect to its appellate jurisdiction, it shall be given effect as though it were to the Appellate Division of the Superior Court, and otherwise as though it were to the Law Division of the Superior Court or a Judge of the Superior Court assigned to the Law Division thereof;
(c) Where the reference is to the Court of Chancery, it shall be given effect as though it were to the Chancery Division of the Superior Court or a Judge of the Superior Court assigned to the Chancery Division thereof;
(d) Where the reference is to the Prerogative Court, in respect to its appellate jurisdiction, it shall be given effect as though it were to the Appellate Division of the Superior Court, and otherwise as though it were to the Chancery Division of the Superior Court or a Judge of the Superior Court assigned to the Chancery Division thereof;
(e) Where the reference is to the Circuit Court, it shall be given effect as though it were to the Law Division of the Superior Court or a judge of the Superior Court assigned to the Law Division thereof;
(f) Where the reference is to the Chancellor as acting in, or constituting, the Court of Chancery, it shall be given effect as though it were to the Chancery Division of the Superior Court or to a Judge of the Superior Court assigned to the Chancery Division thereof, and otherwise as though it were to the Chief Justice of the Supreme Court established by the Constitution of 1947;
(g) Where the reference is to the Ordinary, as such, or as the Surrogate General or Judge of the Prerogative Court, or in terms of similar import, as acting in, or as, the Prerogative Court, in respect to his or its appellate jurisdiction, it shall be given effect as though it were to the Appellate Division of the Superior Court, and otherwise as though it were to the Chancery Division of the Superior Court or to any Judge of the Superior Court assigned to the Chancery Division thereof;
(h) Where the reference is to the Chief Justice of the former Supreme Court, it shall be given the same effect as is herein provided where such reference is to a former "Supreme Court Justice;"
(i) Where the reference is to a former Supreme Court Justice, as the Supreme Court Justice presiding in a circuit, or in such terms as indicate that the reference is to such former officer while performing his duty of presiding in or over the circuit of the former Supreme Court of a county, it shall be given effect as though it were to such Judge of the Superior Court as is assigned in a similar capacity in the county if any such Judge is so assigned, otherwise as though it were to a Judge of the Superior Court assigned to the Law Division thereof in the county;
(j) Where the reference is to a Vice Chancellor, it shall be given effect as though it were to a Judge of the Superior Court assigned to the Chancery Division thereof;
(k) Where the reference is to a Vice Ordinary, in respect to the exercise of any appellate jurisdiction or action in an appellate capacity, it shall be given effect as though it were to the Appellate Division of the Superior Court, and otherwise as though it were to a Judge of the Superior Court assigned to the Chancery Division thereof;
(l) Where the reference is to a Circuit Court Judge, it shall be given effect as though it were to the Judge of the Superior Court assigned to the Law Division thereof;
(m) Where the reference is to the Court of Oyer and Terminer, the Court of Quarter Sessions, the Court of Special Sessions, or the Court of Common Pleas, of any county, or to any Judge of any such court, it shall be given effect as though it were to the Law Division of the County Court of such county or to a Judge thereof;
(n) Where the reference is to a Judge of the Court of Common Pleas sitting in the Court of Oyer and Terminer, in the Court of Quarter Sessions, in the Court of Special Sessions, or in the Court of Common Pleas, of any county, or to a Judge of the Court of Quarter Sessions, of the Court of Special Sessions, or of the Court of Common Pleas, of any county, it shall be given effect as though it were to a Judge of the County Court of such county;
(o) Where the reference is to the Orphans' Court, or any Judge of the Orphans' Court, of any county, it shall be given effect as though it were to the Probate Division of the County Court of said county, or to a Judge of the County Court of said county;
(p) Where the reference is to the Clerk of the Court of Errors and Appeals, it shall be given effect as though it were to the Clerk of the new Supreme Court;
(q) Where the reference is to the Clerk of the Supreme Court, the Clerk in Chancery or the Clerk of the Court of Chancery, however described, or to the Register of the Prerogative Court, it shall be given effect as though it were to the Clerk of the Superior Court;
(r) Where the reference is to the Clerk of the Court of Oyer and Terminer, the Clerk of the Court of Quarter Sessions, the Clerk of the Court of Special Sessions, the Clerk of the Court of Common Pleas, or the Clerk of the Circuit Court, of any county, it shall be given effect as though it were to the county clerk of the county;
(s) Where the reference is to the Clerk of the Orphans' Court of any county, it shall be given effect as though it were to the Surrogate of the county, acting as the Clerk of the Probate Division of the County Court of the county;
(t) Where the reference is to an Advisory Master in Chancery, it shall be given effect as though it were to the same or to a similar officer of the Superior Court or such officer as shall be authorized to perform the same or similar duties in the Superior Court as were performed by such officer in the Court of Chancery;
(u) Where the reference is to a Master in Chancery or a Master of the Court of Chancery or to a Solicitor in Chancery, it shall be given effect as though it were to an Attorney at Law.
In the event that any such statute is proceeded under pursuant to law or the Rules of the Supreme Court, in any action, cause or proceeding, on or after September fifteenth, one thousand nine hundred and forty-eight, by complaint, answer, crossclaim or counterclaim, or in any other manner, in any division or part of any court other than the division hereinbefore named, such statute shall be given effect as though the appropriate division or part of said court were named herein.
L.1948, c. 375, p. 1540, s. 1.
Structure New Jersey Revised Statutes
Title 1 - Acts, Laws and Statutes
Section 1:1-1 - General rules of construction
Section 1:1-2 - Words and phrases defined.
Section 1:1-2a - "Present war" and similar phrases
Section 1:1-2b - "Blighted area" and "renewal area"
Section 1:1-2.1 - Seal; sealed
Section 1:1-2.2 - Surety; sureties
Section 1:1-2.3 - Time; standard time
Section 1:1-3 - Effect of definitions on treaties, compacts, or agreements
Section 1:1-3.1 - Definition applicable to amendment of, or supplement to, statute
Section 1:1-3.2 - Repeal of repealing statute
Section 1:1-3.3 - Reference to revised statute
Section 1:1-4 - Construction as continuation of heretofore existing laws
Section 1:1-5 - Classification and arrangement; effect on construction
Section 1:1-6 - Outlines, analyses and headnotes not part of statutes
Section 1:1-7 - References to titles, subtitles, chapters, articles and sections
Section 1:1-8 - Inclusive references
Section 1:1-9 - References to repealed or superseded statutes
Section 1:1-10 - Partial unconstitutionality
Section 1:1-11 - Acts done, rights acquired, etc., under repealed acts not affected by repeal
Section 1:1-13 - Existing boards, commissions and public bodies continued
Section 1:1-13.1 - Successors to members of existing boards; terms
Section 1:1-17 - Revision or inclusion of referendum acts in Revised Statutes; effect
Section 1:1-19 - Corporations, associations or societies included in Revised Statutes
Section 1:1-20 - Public institutions and agencies; effect of repealer thereon
Section 1:1-21 - Construction and effect of statutes compiled or saved from repeal
Section 1:1-23 - Statutes containing references to proceedings under former prerogative writs
Section 1:1-24 - Statutes containing references to certain summary proceedings
Section 1:1-25 - Statutes containing references to "term of court"
Section 1:1-26 - Statutes containing references to rules
Section 1:1-27 - Effective date
Section 1:2-1 - Enacting clause of laws; numbering sections; engrossing of bills
Section 1:2-2 - Chapters designated by Arabic numerals
Section 1:2-3 - Effective date of public acts
Section 1:2-3.1 - Format of bills, joint resolutions for Governor's signature.
Section 1:2-3.2 - Display of summaries of appropriations.
Section 1:2-4 - Printed laws as evidence
Section 1:2-7 - Bills passed over governor's veto; delivery to and filing by secretary of state
Section 1:2-8 - Certified copies of filed bills and resolutions; use as evidence; fee
Section 1:3-1 - Preparation of laws for printing.
Section 1:3-3 - Superintendence of printing
Section 1:3-3.1 - Numbering of laws; first and second annual session
Section 1:3-4 - Style and contents of annual volume of laws
Section 1:3-5 - Printing laws; contract
Section 1:3-6 - General control and supervision of printing
Section 1:3-7 - Binding and distribution of paper volumes of laws
Section 1:4-1 - Style of printing journal and minutes
Section 1:4-4 - Indexes of journal and minutes; preparation; printing and delivery
Section 1:4-5 - Binding and distribution of complete journals and minutes
Section 1:4-6 - Current legislative printing; subscriptions; cost; advance copies of laws
Section 1:4-7 - General control and supervision; laws applicable
Section 1:5-1 - Acceptance filed with secretary of state
Section 1:5-2 - Statement of adoption or acceptance published in volume of laws; effect
Section 1:5-3 - Format of petition for referendum
Section 1:6-1 - Notice of application for passage in general; contents; publication
Section 1:6-4 - Proof of publications of notices
Section 1:6-5 - Record of proof of publication of notices
Section 1:6-6 - Publication in pamphlet laws prima facie evidence of notice given
Section 1:6-7 - False swearing in making proofs of publications; perjury
Section 1:6-10 - Petition for passage of private, special local law
Section 1:6-11 - Petition requesting filing of petition with Legislature
Section 1:6-12 - Adoption of resolution
Section 1:6-13 - Question placed on ballot
Section 1:6-14 - Adoption of resolution after favorable vote
Section 1:6-15 - Petition; publication of notice of intention
Section 1:6-16 - Filing of petition and resolution with bill
Section 1:6-17 - Law operative only after adoption
Section 1:6-18 - Submission of question of adoption
Section 1:6-20 - Law operative upon adoption
Section 1:7-2 - Summary hearing of application; witnesses; depositions; notices
Section 1:7-3 - Hearings; adjudging law or resolution void
Section 1:7-4 - Application by citizens; procedure thereon
Section 1:7-5 - Participation by citizens in proceedings
Section 1:7-6 - Judgment of invalidity; copy for and proclamation by governor; operation and effect
Section 1:7-7 - Costs, fees and expenses of proceedings
Section 1:8-1 - Appointment, powers and duties of commissioners
Section 1:10-1 - Commission established; members; powers and duties
Section 1:12A-1 - Law Revision Commission
Section 1:12A-5 - No compensation
Section 1:12A-8 - Functions; duties
Section 1:12A-9 - Annual report
Section 1:14-12 - New Jersey Corporate and Business Law Study Commission
Section 1:14-13 - Organization
Section 1:14-14 - Duties, powers