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

State shall be vested in Supreme cor..
y superior Court u Court of Chonoo.t
an Orphans Court, Court of Over
Icrmlilcr, Court of General SeSs;"nuNi
Registers Court, Justices Of pcnr, ,as
such other courts MS the General Assn,"
biy, with the concurrence of two.ih;.n
OF all the members elected to cnch Has
shall from time to time by law cstabl;St
Section 2, There shall be six s,,,.
Judges who shall be learned in Tho lay.
One of them shall be Chancellor. ono ".
them Chief Justice and the other fonr :,
them Associate Judges. VI
The Chancellor. Chief Justice and ~.
of the Associate Judges may he nnnnintas
from and reside In any part Of Stntc. 'rha
other three Associate Judges may bc any
pointed from any part of the State. Thnv
shall be resident Associate JUDGES NH
one of them shall reside in each COUNTY
In case the commissions of two or NOR.
of the Associate Judges shall be Of hs
same date, they shall, as soon as conyen.
iently may be after their appointment
determine their seniority by lot, and cor,
tify the result to the Governor.
Section Q. The Chancellor, Chief ,Iu,.
tice and Associate Judges shall hc anpon,.
cd by the Governor, by and with tho con.
sent Of majority of all the member,
elected to the Senate, for the term Al
twelve years, and ii vacancy shall occur
by expiration of term or otherwise, nj
time when the Senate shall not he in Sos
sion. the Governor shall within thirty DAYS
after the happening of any such vncancy
convene the Senate for the purpose II
confirming his appointment to fill said
vacancy. and the transaction OF such o her
executive business as may come before II
Such vacancy shall be filed as aforesaid
for the full term. The said appointments
shall he such that no more than three Of
the said five law judges, in office at the
same time, shall have been appointed from
the same political party.
Section 4. The Chancellor. Chief Ius
tice and Associate Judges shall rcspae
| lively receive from the State for their SER
| vices compensation which shall be fixed
by Inv and paid quarterly, and shall not
| be less than the annual sum of three
| thousand dollars, and they shall not 70!
ceive any fees or perquisites in addition
to their salaries for business done by them
except as provided by law. They shall
hold no other office of profit
Section 5. The Chief Justice anil the
| ibNi sNHsb'ihtt ruuEfs ohuii tbiHll'St tue
Superior Court, the Court of General SEES.
Stops and the Court of Oyer and Terminer
as hereinafter prescribed.
The said five judges shall designate
those of their number who shall hold the
said courts in the several counties. When.
ever practicable the said courts shall con
sist of three Of the said five judges. hut
no more than three of them shall sit 10.
gethcr 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
preside.
Two shall constitute quorum in the
said courts respectively, except in the
court of Oyer and Termincr, where three
shall constitute a quorum.
Ono may open and adjourn court.
Section 6. 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 aud Ter.
miner and of either, Of the other of the
said courts may mt the same time he held
in the same county or in different com.
ties, and the business In the several cOun.
ties may he distributed and apportioned
in such manner as shall be provided by
the rules Of the said courts respectively,
! Section Z. The Superior Court shall
have jurisdiction Of all causes of a civil
nature, real, personal and mixed, at com.
mon law and all other the jurisdiction and
powers vested by the laws of this State
in the Superior Court.
Section =. The Court of General SEES.
sions shall have all tho jurisdiction and
powers vested by the laws of this State in
the Court of General Sessions Of the
Peace and Jail delivery.
Section o. The Court of Oyer and Ter.
miner shall have all the jurisdiction and
powers vested by the laws Of this State
in the Court of Oyer and Termincr.
Section 10. The Chancellor shall hold
the Court Of Chancery. This court shall
have all the jurisdiction and powers vested
by the laws of this State in the Court Of
Chancery.
Section II, The Orphans Court in each
county shall consist of the Chancellor ani
the resident Associate Judge of the coun
ty. The Chancellor when present shnl
preside. One OF them shall constitute {
quorum.
When their opinions are opposed o.
when the decision is made by one of them
or when the decision is made by both o.
them in matters involving right to rea
| crthtt vi tIt vi V'HNl
value thereof, and in all matters affecting
guardians or guardians accounts, ther'
shall be an appeal to the Superior Cour
for the county, which shall have final jur
isdiction in every such case. Upon sucl
appeal, il the Associate Judge sat In tn,
cause below, he shall not sit in the Super
ior Court. In all other cases the decision
of the Orphans Court shall he final,
This court shall have all the jurisdiction
and powers vested by the laws of THU
State in the Orphans Court.
Section IL. The Supreme Court shall
have jurisdiction as follows:
"a. To issue writs of error to the Su
perier Court and to determine finally al
mat,ers in error in the judgments ant
proceedings of said Superior Court.
III. To issue upon application of the
accused, after conviction and sentence
writs of error to the Court Of Oyer AND
Terminer and the Court of General Ses
sions in all cases in which the sentence
shall he death. Imprisonment exceeding
ono month, or fine exceeding one hundred
dollars, and in such other cases as shall
he provided by law; and to determine
, finally all matters in error in the judg
, mcnts and proceedings of said Court o
Oyer and Termincr and Court of Genera
Sessions in such cnscs: provided, however
that there shall he no writ of error Il
, the Court Of General Sessions in cases o
prosecution under Section of Article y
of this Constitution.