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'''1675-present:''' Small Cause Courts and Justices' Courts are presided over by justices of the peace. Justices of the peace perform marriages, issue summons for debts, and rule on minor civil suits. They also once had criminal jurisdiction over bastardy, domestic violence, trespass, disorderly conduct, and forcible entry. Most of these courts have been replaced in the twentieth century by district and superior courts. Some of their records have been deposited with county clerks, but some were kept by families of the justices. The Family History Library has microfilm copies of some justice of the peace records. | '''1675-present:''' Small Cause Courts and Justices' Courts are presided over by justices of the peace. Justices of the peace perform marriages, issue summons for debts, and rule on minor civil suits. They also once had criminal jurisdiction over bastardy, domestic violence, trespass, disorderly conduct, and forcible entry. Most of these courts have been replaced in the twentieth century by district and superior courts. Some of their records have been deposited with county clerks, but some were kept by families of the justices. The Family History Library has microfilm copies of some justice of the peace records. | ||
'''1682-present:''' The Supreme Court of Judicature has statewide appellate jurisdiction in civil matters, original common law jurisdiction, and criminal jurisdiction in capital crimes such as treason and murder. Some common law matters handled by the court included dower, naturalization, land title, and child custody. The early minutes also record criminal matters such as trespassing, adultery, prostitution, disturbing the peace, malfeasance, assault, and rape. In 1947, the Supreme Court of Judicature became the highest court in the state. The state archives and the Family History Library have | '''1682-present:''' The Supreme Court of Judicature has statewide appellate jurisdiction in civil matters, original common law jurisdiction, and criminal jurisdiction in capital crimes such as treason and murder. Some common law matters handled by the court included dower, naturalization, land title, and child custody. The early minutes also record criminal matters such as trespassing, adultery, prostitution, disturbing the peace, malfeasance, assault, and rape. In 1947, the Supreme Court of Judicature became the highest court in the state. | ||
The state archives and the Family History Library have: | |||
''New Jersey, Supreme Court, Index to Supreme Court Cases Before and After the Revolution, 1709 to 1842.'' Salt Lake City, Utah: Genealogical Society of Utah, 1978. (Family History Library [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=17533&disp=Index+to+Supreme+Court+cases+before+and+++ film 1028304-305].) | |||
''New Jersey, Supreme Court (Burlington County), Early Index to Supreme Court Minutes, 1681-1842''. Not Published Bibliofilm, 1938. (Family History Library [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=478749&disp=Early+index+to+Supreme+Court+minutes%2C+%20%20&columns=*,0,0 film 016538 item 2]). | |||
The state archives has the actions-at-law, 1709 to 1842; minutes, 1681 to 1820; judgements, 1704 to 1866; dockets, 1681 to 1873; and docket books and indexes, 1842 to 1947. The case files, 1842 to 1947, are in the possession of: | |||
'''Clerk of the Superior Court'''<br>R. J. Hughes Justice Complex<br>CN 971<br>Trenton, NJ 08625-0971 | '''Clerk of the Superior Court'''<br>R. J. Hughes Justice Complex<br>CN 971<br>Trenton, NJ 08625-0971 | ||
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'''1684-1696, 1705-1947:'''The Court of Chancery was a statewide court that gradually received civil and equity jurisdiction over matters such as mortgage foreclosures, lis pendens (probate disputes over land title), land partitions, the enforcement of the payment of debts, probate suits, lunacy inquisitions, naturalizations, divorces, and child custody. These functions are now handled by the superior courts. The largest collections of New Jersey court records at the state archives and the Family History Library are the chancery court records. These include: | '''1684-1696, 1705-1947:'''The Court of Chancery was a statewide court that gradually received civil and equity jurisdiction over matters such as mortgage foreclosures, lis pendens (probate disputes over land title), land partitions, the enforcement of the payment of debts, probate suits, lunacy inquisitions, naturalizations, divorces, and child custody. These functions are now handled by the superior courts. The largest collections of New Jersey court records at the state archives and the Family History Library are the chancery court records. These include: | ||
*''Chancery Court Cases, 1743-1845'' (beginning with Family History Library microfilm 1032125.) These are indexed by plaintiff. | *''Chancery Court Cases, 1743-1845.'' (beginning with Family History Library microfilm [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=19655&disp=Chancery+court+cases%2C+1743-1845++ 1032125].) These are indexed by plaintiff. | ||
*''Enrolled Decrees, 1825-1850'' | *''Enrolled Decrees, 1825-1850''. There is an ''index to enrolled decrees, 1825 to 1854.'' (Family History Library film 1032124.) The usual way to access records is to use the C''hancery Docket Books, 1824 to 1900.'' (Family History Library [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=44683&disp=Chancery+docket+books%2C+1824-1900%3B+++ films 1023876-81].), and ''dockets, 1824 to 1900'' (Family History Library [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=44683&disp=Chancery+docket+books%2C+1824-1900%3B+++ films 1023882-84], and [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=44683&disp=Chancery+docket+books%2C+1824-1900%3B+++ 1024050-62]). Case files and indexes from 1850 to 1947 are at the office of the Clerk of the Superior Court. | ||
*''Chancery Register, 1781-1894'' (Family History Library films 1018599-608.) | *''Chancery Register, 1781-1894.'' (Family History Library [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=416834&disp=Chancery+register%2C+1781-1894+%5BNew+++ films 1018599-608].) | ||
*''Court Executions, 1810-1900'' (On 84 Family History Films films beginning with 1019886.) | *''Court Executions, 1810-1900.'' (On 84 Family History Films films beginning with [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=296775&disp=Court+executions%2C+1810-1900++ 1019886].) | ||
'''1693-1947: ''' Courts of Oyer and Terminer and General Gaol Delivery were county courts that had jurisdiction over all crimes committed within the county except for the capital offenses of treason and murder. Records are found at the county clerks' offices. | '''1693-1947: ''' Courts of Oyer and Terminer and General Gaol Delivery were county courts that had jurisdiction over all crimes committed within the county except for the capital offenses of treason and murder. Records are found at the county clerks' offices. | ||
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The county clerk served as the clerk to the courts of common pleas, oyer and terminer, quarter sessions, special sessions, and circuit court. The records of these courts are usually found at the county courthouse. | The county clerk served as the clerk to the courts of common pleas, oyer and terminer, quarter sessions, special sessions, and circuit court. The records of these courts are usually found at the county courthouse. | ||
Many types of documents may be found in county court records in addition to minutes, dockets, judgments, executions, appeals, and case files. The Family History Library has, for example, microfilms of Hunterdon county court affidavits, liens, indictments, insolvent petitions, recognizances, coroner's inquests, miscellaneous records, and a card index from 1700 to 1900. These records are located in the Family History Library Catalog under the Author/Title Search (Family History Library films 802468-500) | Many types of documents may be found in county court records in addition to minutes, dockets, judgments, executions, appeals, and case files. The Family History Library has, for example, microfilms of Hunterdon county court affidavits, liens, indictments, insolvent petitions, recognizances, coroner's inquests, miscellaneous records, and a card index from 1700 to 1900. These records are located in the Family History Library Catalog under the Author/Title Search (Family History Library [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=239186&disp=Index+to+files+including+recognizances2++ films 802468-500].) Additional courts and types of court records are described in [[New Jersey Naturalization and Citizenship|New Jersey Naturalization and Citizenship]] and [[New Jersey Probate Records|New Jersey Probate Records]]. | ||
For more information about New Jersey court procedures, see: | For more information about New Jersey court procedures, see: | ||
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=== Federal Courts === | === Federal Courts === | ||
*''Records of the U.S. District Court for the District of New Jersey, 1789 to 1967'''''', '''and records of the circuit courts (absorbed by the district court in 1911) are found at the National Archives—Northeast Region (New York City). These records include bankruptcy proceedings. Most have been microfilmed as Records of the U.S. District Court of New Jersey and Predecessor Courts, 1789-1950 (Family History Library | *''Records of the U.S. District Court for the District of New Jersey, 1789 to 1967'''''', '''and records of the circuit courts (absorbed by the district court in 1911) are found at the National Archives—Northeast Region (New York City). These records include bankruptcy proceedings. Most have been microfilmed as Records of the U.S. District Court of New Jersey and Predecessor Courts, 1789-1950 (Family History Library [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=403622&disp=Records+of+the+U.+S.+District+Court+++ films 1493227- 412].) | ||
[[Category:New_Jersey]] | [[Category:New_Jersey]] | ||