Smyrna times., 1932-08-03

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shall have the power to designate any
other Associate Judge TO sit in the
OrDhans' Court with the resident ASSOCIATE
Judge of the County at any time when the
Presiding Judge will not be present and
more than one Judge is required to con-
stitute the court and shall also have the
mower to designate any other Associate
Judge to sit in 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
County, incapacitated or disqualified to sit
~ reason of interest and shall also have
the power to designate any Associate Judge
~ sit in the Orphans Court in any County
as a third Judge of said court in any case
where the opinions of two Judges sitting
are opposed.
Section 10. The Chancellor shall hold
the Court of Chancery. This court shall
have all the jurisdiction and powers vested
IN The laws of this State in the Court of
Chancery.
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 be incapacitated or absent
from the State, such Presiding Judge or
senior Associate Judge. as the case may
be- shall be 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 separate
ly as Acting Vice-Chancellor. or Acting
Vice -ChancellOrs, and hear and decide such
causes in the Court of Chancery as the
Chancellor may indicate prior to such
designation that he desires to be SO heard
and decided. 1t shall be the duty of the
Judges so designated to serve accordingly
As Acting ice-Chancellors. The Judges
hearing and deciding such causes as such
" hal
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 Chancel-
lor.
Section IL. The Supreme Court shall
have jurisdiction as follows:
~ 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. i'm
prisonment exceeding one month, or hne
exceeding SlO0. and in such other cases as
shall be provided by law and to determine
finally all matters in error in the judg-
ments and proceedings of said Court OF
General Sessions in such criminal causes
provided, however. that there shall be no
writ of error to the Court of General Ses-
sions in cases of prosecution under Section
of Article V of this Constitution.
(3) To receive appeals from the Court
Of General Sessions in cases Of prosecu-
tion under Section of Article V Of this
Constitution and to determine finally all
r~atters Of appeal in such cases.
az To receive appeals from the Court
of Chancery and to determine finally all
matters of appeal in the interlocutory or
( final DEGREES and other proceedings IN
Chancery.
(5) To receive appeals from the
Orphans Court and TO determine finally
ali matters of appeal in the interlocutory
or final DEGREES and or judgments and
other proceedings in the Orphans Court.
(6l To issue writs Of prohibition. quo
warranto, certiorari and mandamus to the
Court of General Sessions, the Court of
! Chaneery and the Orphans 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 va
cation and whether by one or more Judges
of the Supreme Court.
\ Section u. The Supreme Court shall
always consist of the three Justices COM
posing it except in case of a vacancy or
vacancies in their number or in case any
/ one or two of them shall be incapacitated
or disqualified to sit by reason of interest
in any of which cases the Chief Justice OF
\ the Supreme Court. or if he be disqualified
or incapacitated, the Justice who by SEN
iority is next in rank to the Chief Justice
shall have the power to designate one OF
more of the said six other State Judges "a
sit in the Supreme Court temporarily "a
( fill up the number of that court to three
Justices and it shall be the duty of those
of said six other State Judges. so desig-
mated, to sit accordingly, provided. how
ever that no one of said six other State
Judges shall be so designated to sit in the
Supreme Court to hear any cause in which
he sat below. Three Judges shall con-
stitute a quorum in the Supreme Court
Any one of the Justices Of the Supreme
Court may open and adjourn court.
Section 13. In matters of chancery
jurisdiction in which the Chancellor is in.
terested or otherwise disqualified. the Pre-
siding Judge of the Court of General Ses-
sions and of the Orphans Court shall have
jurisdiction. or, if the said Presiding
Judge is interested or otherwise disqual'
flied. the senior Associate Judge not inter.
ested or otherwise disqualified shall have
jurisdiction.
Section IA. The Presiding Judge of the
Court of General Sessions and of the Or.
phans' Court or any Associate Judge shal
have power. in the absence of the Chancel.
lor from the county where any suit in
equity may be instituted or during tht
/ temporary disability of the Chancellor, Il
grant restraining orders, and the said Pre-
siding Judge or any Associate Judge shal
have power. during the absence Of the
Chancellor from the State or his temporary
disability. to grant preliminary injunctions
pursuant to the rules and practice of the
Court of Chaneery; provided that nothing
herein contained shall be construed to con
fer general jurisdiction over the case.
Section Is. The Governor shall have
power to commission a judge or judges aC
Item to sit in any cause in any of sale
Courts when by reason of legal exception
to the Judges authorized TO sit therein. ol
for other cause. there are not a sufficient
number of Judges available to hold such
Court. The commission in such case shal
conine the office to the cause and it shal
expire on the determination of the cause
\ The judge appointed shall receive rea
sonabe compensation to be fixed by the
General Assembly. A member of Con
gress. or any person holding or exercising
be disqualified from being appointed {
Judge ad litem.
Section 16. The jurisdiction Of each Of
the aforesaid courts shall be co-extensive
with the State. Process may be issued ou
of each court, in either county, into every
county. No costs shall be awarded agans
any party TO cause by reason of the fac
that suit is brought in a county other thar
. hat in, runf he ofa Iofo uY1ft