Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-05-20


an appeal from the Court of Chancery
shall consist of the Chief Justice and the
four Associate Judges.
The Chief Justice when present shall
prcsiie, and in his absence the senior AS 4
sociate Judge present shall preside. Any
three of them shall constitute a quorum,
and one Of them may open and adjourn
court. .t
Section IL. Whenever the Superior
Court, Court Of Oyer and Terminer or
Court of General Sessions shall consider
that question of law ought to be heard
by the Court in Bhnc, they shall have
power. upon application of either party.
to direct it TO be so heard; and in that case
the Court in Banc shall consist of the
Chief Justice and the four Associate
Judges.
The Chief Justice when present shall
preside, and in his absence the senior AS
socate Judge present shall preside. Any
four of them shall constitute a quorum,
and one of them may open and adjourn
court.
The Superior Court, Court Of Oyer and
Terminer or Court of General Sessions in
exercising this power, may direct a cause
to be proceeded in to verdict or Judgment
in that court, or TO be otherwise proceeded
in. as shall be hest for exploiting justice.
Section 16. Inmattcrs of chancery juris-
dction in which the Chancellor is inter
csted or otherwise disqualified the Chief
Justice shall have jurisdiction, aud there
shall be an appeal to the Supreme Court.
which shall in this ease consist of the fonr
Associate Judges, the senior Associate
Judge present presiding. Any three Of
them shall constitute a quorum. and one
of them may open and adjourn court
Section II. Tic Chief Justice or. in
case of his absence from the State or dis
ability, the senior Associate Judge, shan
have power. during the absence of the
Chancellor from the State or his tempo
rary disability. to grant restraining or
ders and preliminary injunctions, pur-
snant to the rules of the Court of Chan
Gerry; provided, that nothing herein con-
tanned shall be construed to confer general
jurisdiction over the case.
Section IS. The Governor shall have
power to commission judge ad litem for
the purpose of constituting quorum in
the Superior Court Court of Oyer and
Tcrminer, Court of General Sessions or
Superior Court, where by reason of legal
exception to the Chancellor or any judge
or for other cause a quorum conld not
otherwise be had. The commission in such
case shall confne the office TO the cause,
and it shall expire on the determination of
the cause. The judge so appointed shall
receive a reasonable compensation TO be
fixed by the General Assembly. A mem
her of Congress, or any person holding or
exercising an Office under the United
States, shall not be disqualified from be-
ing appointed Judge ad litem.
Section 10. The jurisdiction of each of
the aforesaid courts shall be co-extcnsiye
with the State. Process may be issued
out of each court, in either county, into
every county. No costs shall he awarded
against any party to a cause by reason
of the fact that suit Is brought in county
other than that in which the defendant or
defendants may reside at the time of
bringing suit
Section 20. The General Assembly, not
withstanding anything contained in this
Article, shall have power to repeal or alter
any act of the General Assembly. giving
jurisdiction to the Court of Oyer and
Terminer, the Superior Court, the Court
of General Sessions of the Peace and Jail
Delivery, the Orphans Court, or the Court
of Chancery, in any matter, or giving any
power to either of the said courts. The
General Assembly shall also have power
10 confer upon the Court Of Oyer and Ter
miner, the Superior Court. the Court of
General Sessions the Orphans Court and
the Court of Chunccry jurisdiction and
powers in addition TO those hcreinbcforc
mentioned. Until the General Assembly
shall otherwise direct, there shall be an
appeal to the Supreme Court in all cases
in which there is an appeal, according TO
any act Of the General Assembly, to the
Court of Errors and Appeals.
Section 81. Until the General Assembly
shall otherwise provide, the Chancellor
shall exercise all the powers which any
law of this State vests in the Chancellor,
beside the general powers of the Court of
Chancery; and the Chief Justice and AS
socate Judges shall each sing.y exercise
all the powers which any law Of this State
vests in the judges singly of the Superior
Court.
Section 30. Judges shall not charge
iures with respect to matters of fact, but
may state the questions of fact in issue
and declare the law.
Section %. In civil causes where mat
tcrs of fact are at issue, if the parties
agree, such matters of fact shall he tried
by the court and judgment rendered upon
their decision thereon as upon verdict
by jury.
Section "a. Incivil causes, when pending,
the Superior Court shall have the power
before Judgment, of directing, upon such
terms as they deem reasonable amend
ments, impleadings and legal proceedings,
so that by error in any OF them, the deter
mination of causes, according to their real
merits, shall not he hindered; aud also of
directing the examination of witnesses
who are aged, very infirm, or going out OF
the State, upon interrogatorios de hene
csse TO be read in evidence. in case of the
death or departure of the witnesses before
the trial, or inability by reason of age,
sickness, bodily in6rmity. or imprison-
ment then to attend; and also the power
of obtaining evidence from places not
within the State.
Section %. At any time pending an
action for debt or damages, the defendant
may bring into court sum of money for
discharging the same. together with the
cost then accrued and the plaintiff not
accepting the same, if upon the final de-
cision of the cause. he shall not recover a
greater sum than that so paid into court
for him, he shall not recover any costs
accruing after such payment, except where
the plaintiff is an executor or administra-
tor.
Section 20. BY the death of any party.
& no suit in chancery or nj law, where the
cause of action survives. shall nbnte. but,
until the General Assembly shall other
wise provide, suggestion of such death be-