Smyrna times., 1932-08-03

aSAee' such matters OF 1act snail be tried
by the court, and judgment rendered upon
their decision thereon as upon a verdict by
a jury.
Section 21. In civil causes, when pend
ing, the Court of General Sessions shall
have the power, before judgment, of direct
ing, upon such terms as it shall deem
reasonable, amendments, impeadings and
legal proceedings. so that by error in any
of them, the determination of causes. ac-
cording to their real merits. shall not be
hlndered; and also of directing the exam
ination of witnesses who are aged very
infrm, or going out of the State, upon in
terrogatories de bene esse to be read in
evidence. in case of the death or departure
of the witnesses before the trial, or in
ability by reason of age. sickness, bodily
infirmity, or imprisonment, then to attend;
and also the power of obtaining evidence
from places not within the State.
Section %. AT any time pending an ac-
ton for debt damages, the defendant
may bring into court a sum of money for
costs then accrued and the plaintiff not
accepting the same, if upon the final de-
cision of the cause, he shall not recover
greater sum than that paid into court
for him. he shall not recover any costs
accruing after such payment. except where
the plaintiff is an executor admin
istrator.
.
no suit in chancery or at law, where the
cause of action survives, shall abate, but,
until the General Assembly shall otherwise
provide. suggestion of such death being
entered of record, the executor or admin
istrator of a deceased petitioner or plain
tiff may prosecute the said suit /: and If
respondent defendant dies. the executor
or administrator being duly served with
scire facias thirty days before the return
thereof shall be considered as 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 deere. render judgment for or against
executors or administrators as to right
appertains. But where an executor or adj
ministrator of a deceased respondent or
defendant becomes a party. the court upon
motion shall grant such continuance of
the cause as to the judges shall appear
proper.
Section "a Whenever a person. not be-
ing an executor or administrator, appeals
from a decree of the Chancellor. or ap-
plies for a writ of error, such appeal or
writ shall be no stay of proceeding in
chancery, or the court to which the writ
issues, unless the appellant or plaintiff in
error snail give sufficient security to be
approved respectively by the Chancellor. or
by a judge Of the court from which the
writ issues. that the appellant or plaintiff
in error shall prosecute respectively his APP
demnation money and all costs. or other
wise abide the decree in appeal or the
judgment in error. if he fail to make his
plea good.
Section 25. No writ of error shall be
brought upon any judgment heretofore
confessed, entered or rendered or upon
any judgment hereafter to be confessed,
entered or rendered. but within five years
after the confessing. entering or rendering
thereof; unless the person entitled to such
writ be an infant. non compos mentis. or
a prisoner and then within five years eX-
elusive of the time of such disability.
| Section &C. The Prothonotary of each
county shall be the Clerk of the Court of
General Sessions in and for the County in
which he holds office. He may issue pro-
1 cess. take recognizance of bail and enter
1 judgments. according to law and the prac-
/ tlee of the court. No judgment in one
county shall bind lands or tenements in
| another until a testatum fieri facias being
| issued shall be entered of record in the
office of the Prothonotary of the county
wherein the lands or tenements are situat-
ed. Such Prothonotary shall perform all
duties heretofore performed by the Clerk
/ of the Peace Clerk of the former Court
/ of General Sessions and the former Court
/ of Oyer and Terminer
/ Section p. The Supreme Court shall
/ have the power to appoint Clerk to hold
| office at the pleasure of the said Court
| He shall receive from the State for his
/ services a compensation which shall be
fixed from time TO time by the said Court
and paid monthly.
\ Section %. The General Assembly NAV
I by law give to any inferior courts BY It
established or to be established or to one
I or more justices of the peace. jurisdiction
/ OF the criminal matters following. that is
I to say: assaults and batteries carrying
concealed a deadly weapon. disturbing
meetings held for the purpose of religious
worship. nuisances, and such other mis-
de.neanOrs as the General Assembly may
from time 10 time. with the concurrence
of two-thirds of all the members elected
to each House prescribe.
4 The General Assembly NAV by law req,I-
late this jurisdiction. and provide that the
proceedings shall be with or without indict-
ment by grand jury. or trial by petit jury,
and may grant or deny the privilege Of ap-
peal TO the Court of General Sessions :
provided. however, that there shall be an
appeal to the Court of General Sessions in
all cases in which the sentence shall be
imprisonment exceeding one month, or a
fine exceeding one hundred dollars.
Section 20, There shall be appointed as
hereinafter provided, such number of
persons to the Office of Justice of the Peace
as shall be directed by law. who shall be
commissioned for four years.
I SecJon 81. justices OF the Peace and
the judges of such courts as the General
! Assembly may establish pursuant to the
1 provisions of Section / or Section 28 of
this Article shall be appointed by the Gov
ernor. by and with the consent of a ma
jority of all the members elected to the
! Senate. for such terms as shah be fixed by
this Constitution or by law.
Section 81. The Registers of Wills of
the several counties shall respectively hold
the Registers Court in each county. Upon
/ the litigation of a cause the depositions OF
! the witnesses examined shall be taken at
large in writing and make part of the pro-
ceedings in the cause. This court may is
sue process throughout the State. Appeals
may be taken from a Registers Court to
the Orphans Court. In cases where a
Register of Wills is interested in questions
concerning the probate of wills. the grant
ing of letters of administration, or ex-
ecutors' or administrators accounts. the
cognizance thereof shall belong to the
Orphans Court.
Section 80. An executor or administrator
shall file every account with the Register
of Wills for the county, who shall, as
soon as conveniently may be, carefully eX-
anime the particulars with the proofs
thereof, in the presence of such executor
or administrator. and shall adjust and
settle the same according to the right of
the matter and the law of the land which
account so settled shall remain in his office
for inspection and the executor or adj
ministrator shall within three months af-
ter such settlement give notice in writing
. ~ cbaraS Of the