Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-05-27

Section ii. The Supreme Court upon
an appeal from the Court Of Chancery
shall consist of the Chief Justice and the
four Associate Judges.
The Chief Justice when present shall
nreside and in his absence the senior AS
sociate Judge present shall preside. Any
three of them shall constitute a quorum,
and one of them may open and adjourn
court.
Section 15 Whenever the Superior
Court, Court Of Oyer and Termner or
Court of General Sessions shall consider
that question Of law ought to be heard
BY the Court in Banc, they shall have
power, upon application Of either party,
10 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. M
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 quorum,
and one of them may open and adjourn
court, 9l n.
The Superior Court, Court of Oyer and
Terminer or Court of General Sessions in
exercising this power, may direct n cause
10 he proceeded in to verdict or Judgment
in that court, or to be otherwise proceeded
in as shall be hest for eXpedtinS justice
Section 16. In matters Of chancery juris-
diction in which the Chancellor is inter-
eSted or otherwise disqualified, the Chief
Justice shall have Jurisdiction, and 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 \ quorum, and one
Of them may open and adjourn court.
Section II. The Chief Justice, or, in
case of his absence from the State or dis
ability, the senior Associate Judge, shall
have power. during the absence of the
Chancellor from the State or his tempo
r0ry disability, TO grant restraining or
dcrs and preliminary injunctions, pur-
suant TO the rules of the Court of Chan
ccry' 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 Item for
the purpose of constituting n 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 quorum could not
otherwise be had. The commission in such
case shall coniine the Office to the cause,
and it shall expire on the determination of
the cause. The judge so appointed shall
receive 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-extensive
with the State. Process may be issued
out of each court, in either county, into
every county. No costs shall be awarded
against any party to cause by reason
of the fact that, suit is brought in county
other than thatNin 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
to confer upon the Court of Oyer and Ter
miner, the Superior Court, the Court of
General Sessions, the Orphans Court and
the Court of Chancery jurisdiction and
powers in addition to those hereinbefore
mentioned, Until the General Assembly
shall otherwise d.. set, 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 ofNErrors and Appeals.
Section II. 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
sociate Judges shall each singly exercise
all the powers which any law of this State
vests in the judges singly Of the Superior
Court.
Section %. Judges shall not charge
juries 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
tiers 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 a verdict
by jury.
Section "a. civil causes, whenpending,
the Superior Court shall have the power
before Judgment, of directing, upon snch
terms as 1t deems reasonable. amend
ments, impleadings and legal proceedings,
so that by error in any or them, the deter
mination of causes, according to their real
merits, shall not be hindered; and also of
directing the examination of witnesses
who are aged, very iniirm, or going out of
the State, upon interrogatories de bene
esse, 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 inhrmty, 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 a sum of money for
discharging the snme, together with the
cost then accrued, and the plaintiff not
accepting the same, il upon the final de-
cison of the cause, he shall not recover a
greater sum than that so paid into court
for him, he shall not recover any costs
accrning 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 at law, where the
cause of action survives, shall abate, but,
until the General Assembly shall other