Milford chronicle., 1932-08-05

power to commission a judge or judges
ad litem to sit i'm any cause i'm any o
} said Courts when by reason of lega
exception to the Judges authorized L
sit therein, or Tor other cause, thefl
are not a sufficient number of Judgei
available to hold such Court. The
commission in such case shall confinC
the office to the cause and il shall eX-
pire on the determination of the cause
reasonable compensation to be fixed by
the General Assembly. A member oi
Congress, or any person holding or eX-
ercising an Office under the United
States, shall not he disqualified from
being appointed a judge ad Item.
Section 16. The jurisdiction of each
4 of the aforesaid courts shall be cO-eX-
tensiye 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
a cause by reason of the fact that suit
is brought i'm a county other than that
in which the defendant or defendants
| may reside at the time of bringing suit.
/ Section II. The General Assembly,
Notwithstanding anything contained in
| this Article, shall have power TO repeal
or alter any act of the General Assem-
| bly, giving jurisdiction to the former
| Court of Oyer and Terminer. the for
| mer Superior Court, the former Court
! of General Sessions of the Peace and
| Jail Delivery, the Court of General
Sessions. 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
Supreme Court. the Court of General
Sessions, the Orphans Court and the
Court of Chancery jurisdiction and
fore mentioned. Until the General AS
sembly 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 former Court
of Errors and Appeals.
Section IS. Until the General As
sembly shall otherwise provide, the
Chancellor shall exercise all the pow
erS which any law of this State vests
in the Chancellor, besides the general
powers of the Court of Chancery. and
the Presiding Judge of the Court of
General Sessions and of the Orphans
Court and the Associate Judges of said
Courts shall each singly exercise all the
powers which any law of this State
vests in the Judges singly of the for
mer Superior Court.
Section 10. 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 20. In civil causes where
matters of fact are at issue, if the par
ties agree, such matters of fact shall
be tried by the court. and judgment
rendered upon their decision thereon
as upon a verdict by a jury
Section 81. In civil causes. when
pending, the Court of General Sessions
shall have the power. before judgment.
OF directing, upon such terms as it
shall deem reasonable. amendments.
impleadings and legal proceedings. so
that by error in any of them, the de-
termination of causes. according to
their real merits, shall not be hinder
ed; and also of directing the eXamina-
tion of witnesses who are aged. very
infirm, 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 infirmity, 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 defen- |
dant may bring into court a sum of /
money for diScharging the same, to-
gether with the costs then accrued an
the plaintiff not accepting the same, if
upon the final decision 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 90. BY the death Of any par
ty, no suit in. chancery or at law
where the cause of action survives,
shall abate, but. until the General AS
sembly shall otherwise provide, sug-
gestion of such death being tentered of
record, the executor or administrator
of a deceased petitioner or plaintiff
may prosecute the said suit and if
or defendant dies, the exc
cutor or administrator being duly ser
we'd with scire facias thirty days be-
fore the return thereof shall be con-
sidered as a party to the suit, in the
same manner as if he had voluntarily
made himself a party; and in any OF
those cases, the court shall pass a de-
cree, or render judgment for or against
executors or administrators as to right
appertains. But where an executor or
of a deceased respond
ent or defendant becomes a party, the
court upon motion shall grant such a
of the cause as to the
judges shall appear proper.
Section "a. Whenever a person, not
being an executor or administrator.
appeals from a decree of the Chancel-
or, or applies for a writ of error, such
appeal or writ shall be no stay of pro-
eeeding in chancery. or the court to
which the writ issues, unless the ap-
sufficient security to be approved re-
spectively by the Chancellor. or by a
Judge of the court from which the writ
ssues. that the appellant or plaintiff in
error shall prosecute respectively his
appeal or writ to effect. and pay the
money and all costs, or
otherwise abide the decree in appeal or
he judgment in error. if he fail to
make his plea good.
Section 25. No writ of error shall be
,rought upon any judgment heretofore
entered or rendered, or upon
my judgment hereafter to be confess
ID. entered or rendered. but within five
ears after the confessing, entering or
thereof: unless the person
untitled to such writ be an infant, non
ompos nentis, or prisoner. and then
within five years exclusive of the time
# such disability.
Section 26 The Prothonotary of
ach county shall he the Clerk of the
,ourt of General Sessions in and for
he County in which he holds office.
ance of bail and enter judgments. ac-
ording to law and the practice of the
ourt. No judgment in one county
hall bind lands or tenements in an G
ther until a testatum fieri facias be-
ng issued shall be entered of record '
n the office of the Prothonotary of the
ounty wherein the lands or tenements !
re situated. Such Prothonotary shall !
erform all duties heretofore perfcrm-
d by the Clerk of the Peace as Clerk I
+ the former Court of General Ses- 7
ions and the former Court of Oyer !
nd Terminer.
Section q. The Supreme Court shall S
ave the power to appoint a Clerk to
old office at the pleasure, of the SAID