New Jersey § 1:1-22

§ 1:1-22.

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 1 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. 1

N.J.S.A. §§ 1:1-22 to 1:1-27.