In England the granting of probates was a royal prerogative and in the colony was vested in the King's representative, the Governor. The Governor of the State was stripped of this authority, which was granted to the surrogates of the counties and the Court of Probate. With these exceptions, the colonial courts were recognized, and we have the Court of Chancery with equity powers, the Supreme Court, Court of Common Pleas, Court of Sessions and the Justices' Courts. Their powers remained substantially the same. The Supreme Court judges held Circuit Courts and Courts of Oyer and Terminer in each of the counties. In the latter, two or more judges of the Common Pleas were associated.

The Constitution of 1821 extended the elective franchise by virtually removing the property qualification, except in the case of colored persons, who were to be freeholders of two hundred and fifty dollars and tax-payers. The appointing power was vested in the Governor with the advice and consent of the Senate. The offices of sheriff and county clerk became elective (term of service three years). The justices of the peace were to be appointed by the supervisors and judges of the County Court.

The courts in name remained the same, but the constitution of the Supreme Court was somewhat changed and a Circuit Court was added. "The Supreme Court sat four times a year in review of their decisions and for the determination of questions of law. Each justice was empowered to hold circuit courts and any justice of the Supreme Court could