Milford chronicle., 1932-08-05

infthe law of this State. elsewhere tina
in this amended Article ~ of this Con
stitution, shall be read as and taken {
mean, and hereafter printed as, Pre-
siding Judge of the Court of Genera
: Sessions and of the Orphans Court. a
; provided for in this amended Articl
~ of this Constitution.
Section g. The Orphans Court sha
have all the jurisdiction and power
/ vested by the laws of this State in tn
Orphans Court.
The Orphans Court in each Count,
shall, except as hereinafter providet
for, consist of the Presiding Judge o
the Orphans Court and the residen
Associate Judge of the County. TIL,
Presiding Judge when present shal
preside. The Presiding Judge shal
have the power to designate any Othel
Associate Judge to sit in the Orphans
Court with the resident Associate
| Judge of the County at any time wher
the presiding Judge will not be pres
| ent and more than one Judge is re-
| quired to constitute the court; ano
shall also have the power to designate
any other Associate Judge to sit i'm the
! Orphans Court in any County in place
/ of the resident Associate Judge of the
! County in case such resident Associate
| Judge should be absent from the Coun-
| ty. incapacitated or disqualified to sit
\ by reason of interest; and shall also
| have the power to designate any ASso-
ciate Judge to sit i'm the Orphans
Court in any County as a third Judge
! of said court in any case where the
opinions of two Judges sitting are OPP
posed.
Section 10. The Chancellor shall
hold the Court of Chancery. This court
shall have all the jurisdiction and DOW
ers vested by the laws of this State
in the Court OF ChanceTy
Upon written request made by the
Chancellor to the Presiding Judge of
the Court of General Sessions and of
the Orphans Court. or to the senior
Associate Judge of said Courts if the
said Presiding Judge should he in
capacitated or absent from the State,
such Presiding Judge or senior Asso-
ciate Judge, as the case may he, shall
he authorized and it shall be his duty
to designate one or more of the five
Judges of the Court of General Sessions
and of the Orphans Court to sit sep
arately as Acting Vice-C Chancellor. or
Acting Vice Chancellors. and hear and
decide such causes in the Court -s OF
Chancery as the Chancellor may indi-
cate prior to such designation that ne
desires to be so heard and decided. 1t
shall be the duty of the Judges so des-
ignated to serve accordingly as Acting
Vice -Chancellors. The Judges hearing
and deciding such causes as such Act
ing Vice Chancellors shall, upon their
decision of a cause, recommend to the
Chancellor the decree to be entered
therein and all DEGREES in such causes
shall be made by and in the name of
the Chancellor.
Section IL. The Supreme Court shall
have jurisdiction as follows:
Q) To issue writs of error in civil
causes to the Court of General Sessions
and to determine finally all matters in
error in the judgments and proceedings
of said Court of General Sessions in
civil causes
(2) To issue upon application of the
accused, after conviction and sentence,
writs of error in criminal causes to the
Court of General Sessions in all cases
in which the sentence shall be death,
Imprisonment exceeding one month. or
fine exceeding $100. and in such other
cases as shall be provided by law; and
to determine finally all matters in err
ror in the judgments and proceedings
of said Court of General Sessions in
such criminal causes provided, how
ever, that there shall be no writ of
error to the Court of General Sessions
in cases of prosecution under Section 8 |
of Article V of this Constitution.
(3) To receive appeals from the |
Court of General Sessions in cases OF
prosecution under Section 8 of Article |
V of this Constitution and to deter |
mine finally all matters of appeal in |
such cases.
(4 To receive appeals from the |
Court of Chancery and to determine |
or final DEGREES and other
in Chancery.
(5) To receive appeals from the Or
phans' Court and to determine finally
all matters of appeal in the interlocu-
tory or final DEGREES and/or judgments
and other proceedings in the Orphans
Court.
(6) To issue writs of prohibition.
quo warranto, certiorarl and manda-
mus to the Court of General Sessions,
the Court of Chancery and the Or
phans Court. or any of the Judges of
the said courts. and all orders, rules
and processes. proper to give effect to
the same. The General Assembly shall
have power to provide by law in what
manner the jurisdiction and power
hereby conferred may be exercised in
and whether by one or more
Judges of the Supreme Court.
Section II. The Supreme Court shall
always consist of the three Justices
it except in case of a va
;ancy or vacancies in their number or
n case any one or. two of them shat
De incapacitated or" disqualified to sit
~ reason of interest, in any of which
,ases the Chief Justice of the Supreme
Court. or if he be disqualified or incap-
lcitated, the Justice who by seniority
S next i'm rank to the Chief Justice.
hall have the power to designate one
)r more of the said six. other State
Judges to sit in the Supreme Cour
to fill up the number OF
hat court to three Justices and
hall be the duty of those of said six
'ther State Judges, SO designated, to
it accordingly. provided. however, that
10 one of said six other, State Judges
hall be so designated to sit in the
supreme Court to hear any cause in
which he sat below. Three Judges shall
onstitute quorum in the Supreme
]ourt. Any one of the Justices of the
supreme Court may open and adjourn
curt
Section 13. In matters of chancery
i'm which the Chancellor is
Interested or otherwise disqualified, tn
residing Judge of the Court of Cen
raj Sessions and of the Orphans
'ourt shall have jurisdiction. or. if the
aid Presiding Judge is interested or
therwise disqualified, the senior Asso-
late Judge not interested or otherwise
isqualifed shall have Jurisdiction.
Section IA. The Presiding Judge of
he Court of General Sessions and OF
udge shall have power, in the absence
the Chancellor from the county
here any suit i'm equity may be insti-
lted or during the temporary disabil
" of the Chancellor. to grant restrain
lg orders, and the said PRESIDING |
udge or any Associate Judge shall
ave power, during the absence of the
hancelor from the State or his tenn
Orary disability, to grant preliminary I
njunctions pursuant to the rules and
ractice of the Court of Chancery; pro-
ided that nothing herein contained
hall be construed to confer general
lrisdiction over the case.
Section IS. The Governor shall have