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1 N.J. L. Rev. Univ. of Newark 65 (1935)
Commercial Arbitration in New Jersey

handle is hein.journals/njlrun1 and id is 67 raw text is: COMMERCIAL ARBITRATION IN NEW JERSEY S. WHITNEY LANDON And for the preventing of needless and frivolous Suits, BE IT HEREBY ENACTED by Authority aforesaid, that all Accounts of Debt, Accounts of Slander and Accounts of the Case concerning Debts, and Accounts, and all Accounts whatsoever not exceeding Twenty Shillings, between Neighbours, Arbitration of two indiffer- ent Persons of the Neighbourhood, shall be tendered by some one Justice of the Peace who shall have Power to summon the Parties before him, before it be brought to Court...... In these words arbitration was written into the laws of the colony of New Jersey in the eighteenth year of its existence. On September 20, 1682, the Assembly, in session at Burlington, passed the Act from which this is quoted, which is not only the first law in the colony of New Jersey providing for arbitration but is also one of the first in any of the North American colonies; and in the preamble of this Act the fathers of the State took cognizance, at this early date, of the fact that in certain cases suits at law are needless and frivolous, and that arbitration offers a far more preferable means of settling such disputes. As a background for this discussion, a brief outline of the early years of the colony will be of use. On March 12, 1864, Charles II, then King of England, granted to his brother James, Duke of York, the soil and government of the northeastern section of America, in which was in- cluded what now comprises the State of New Jersey.2 The Duke of York, probably being in need of ready cash, released a certain portion of this tract, which he designated Nova Caeserea, or New-Jersey, to John Lord Berkeley and Sir George Carteret on June 24, 1664.' Forthwith these two gentlemen published an agreement to and with all and every the adventurers and all such as shall Settle or Plant in New Jersey and provided therein for a Governor of the colony and an Assembly for the making of necessary laws. The first assembly which is recorded met in March of 1668, and the acts passed by this assembly, as well as by those which met during the next few years, were of a routine nature and had to do largely with criminal and administrative matters. On December 2, 1675, we find the first act of the Assembly which bears in any way on arbitration. This provided that no debt under forty shillings should be actionable in any court but should be tried by two 1. LEA ING AND SPICER, GRANTS AND CONCESSIONS OF NEW JERSEY 455. 2. Id., at 3. 3. I'd., at 8.

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