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

= Registers Ccurt. JuStirPs Of Pesra ,ni
srsh niher rSinrts as the General As,nn,
biz. with the concurrence Of two-ihitJ.
% all tIlr measler- clec4ssi 10 each Homss
shsl fnsn time 10 time By law establish
Section 2 There shsli be six S,o,.
judges who shall b. lesrnnd in the law
One Of them shall BE- Chancellor, one az
them Chief Justice and the other four ~
them Associate JujEeS-
The Chancellor. Chief Justice and ons
Of the Associate judges mas be app,iHt,d
from and reside in any part Of State The
other three Associate Judges may 10 an
pointed from any par; Of the State. They
shsll to resident Associate Judge dad
one Of them shall reside in each county
In case the commissions Of two or more
Of the Associate Judges shall be OF The
tsne date. they shall. as soon as cOnyea.
iently may be after their appointment
determine their seniority by lot, and Ger
iify the result to the Governor.
Section 3. The Chancellor. Chief .lrs.
tiee and Associate Judges shall be appoint.
Cd by the Governor. by and with the con.
sent of a majority Of all the members
elected 10 the Senate, for The term Of
twelve years. and II a vacancy shall occur
by expiration Of term or otherwise, At 4
time when the Senate shall not be in srs.
sion. the Governor shall within thirty days
after the happening of any such vacancy
| convene the Senate for The purpose NJ
| confirming his appointment 10 fill said
/ vacancy. and the transaction Of such other
/ executive business as may como before IT,
| Such vacancy shall be filed as aforesaid
| for the full term. The said appointments
| shall he such that no more than three II
/ the said five law judges. In office NJ the
| same time. shall have been appointcd from
the same political party,
i Section 4. The Chancellor. Chief Jus.
lice and Associate Judges shall resper
| lively receive from the State for their scr.
vices compensation which shall he fixed
by law and paid quarterly, and shall not
be less than the annual sum Of three
thousand dollars. and they shall not re.
cpive any fees or pcrquisites in addition
to their salaries for business done by them
except as provided by law They shall
hold no other office Of profit.
Section =. Tho Chief Justice anil the
fonr Associate Judges shall compose the
Superior Court. the Court Of General Sos.
sions and the Court Of Oyer and Tcrmincr
as hereinafter prescribed.
The said FIVE judges shall designate
those Of their number who shall hold The
I
ever practicable the said courts shall con.
sist Of three Of the said 1--WE Judges, hut
no more than three Of them shall sit 10.
gether in any OF the said courts. In each
! Of the said courts the Chief Justice when
present shall preside. and in his absence
the senior Associate Judge present shall
priside.
Two shall constitute quorum in the
said courts respectively, except in the
, court Of Oyer and Termincr, where three
: shall constitute a quorum.
, One may open and adjourn court.
Section Il. Two sessions of the Superior
, Court. or Court of General Sessions, or
one session of each of the said courts or
one session of the Court of Oyer and Ter
!, miner and of either of the other III the
! said courts may at the same time l'eld
In the same county or in diffcic,' tJun'
ties. and the business in the severs! ronn.
!, tics may he distributed and apportioned
: in such manner as. shall be provided by
the rules Of the said courts respectively
Section I. The Superior Court shall
have, Jurisdiction of all causes of civil
!, nature. real. personal and mixed, al com
: mon law and all other the jurisdiction and
powers vested by the laws of this State
: In the Superior Court.
!, Section s. The Court of General SEES.
I sions shall have all the Jurisdiction and
!, powers vested by the laws Of this State II
! the Court of General Sessions of thu
Peace and Jail delivery.
:, Section q. The Court Of Oyer and Ter
7 miner shall have all the jurisdiction an
J, powers vested by the laws Of this Stat
/. in tho Court of Oyer and Terminer.
= Section 10. The Chancellor shall hol
= the Court of Chanccry. This court shn
:, have III the jurisdiction and powers veste
y hy tho laws of this State in the Court q
\ Chlncery.
10 Section II. Tho Orphans Court in enc
4. county shall cousis, Of the Chancellor an
- the resident Associate Judge of the couI
,s ~. The Chancellor when present sha
, preside. One Of them shall constitute
quorum.
"A When their opinions are opposed ,
n when the decision is made by one of then
- or when the decision is made by both
! them in matters involving right to re-
~ estate or the appraised value or 9th,
I yalne thereof, and in all matters affectiu
ii guardians or guardians accounts, theI
m shall be an appeal to the Superior Cou
n for the county, which shall have final ju
mr. isdiction in every such ease. Upon suc
n. appeal, if the Associate Judge sal in IL
IA | cause below. ne snall not SIT IN the NunP
q. ior Court. In all other cases the decisic
: of the Orphans Court shall be final.
Io This court shall have all the jurisdietif
Il and powers vested by the laws of th
a. State in the Orphans Court.
70 Section II. The Supreme Court shs
ii have jurisdiction as follows:
nr ID. To issue wrts of error to the s.
81 perior Court and to determine finally u
he matters in error in the judgments al
10. proceedings of said Superior Court.
rd ~. To issre upon application of IL
accused, after conviction and sentenc
on writs of error to the Court of Oyer nj
rr rerminer and the Court of General Sc
lis sions in all eases in which the scnten
nd shall lie death. Imprisonment exccedil
10 one month. or fine exceeding one llundri
dollars, and in such other cases as sha
he lie provided by law; and to determil
br finally all matters in error in the iud
,tc ments and proceedings of said Court
no. Oyer and Tcrminer and Court of Gener
,Is Sessions in such cases. provided, howeve
nil that there shall he no writ Of error
,rn the Court of General Sessions in cases
,sa prosecutions under Section Of Article
,er of this Constitution.
me 81. To receive appeals from the Cou
he Of General Sessions in cnses of prosec
ro- tons under Section s of Article V of I'll
all Constitution, and to determine finally
iid matters of appeal in such cases.
me- | III. To receive apDealS from the Con