Smyrna times., 1950-07-20

this State in the formerly existing Cour
OF General Sessions of the Peace and Jai
DellVery; and also shall have all the iuris
diction and powers vested by the laws 81
tnls state in the formerly existing Cour
OF General Sessions; and also shall hav,
the laws of this State in the formerly exist
ing Court of Oyer and Terminer.
section g.. The phrase Supreme Court
as used in Section 4 of Article v of thi:
constitution and the phrases 'sSuperiol
Court, Court of General Sessions Of IN,
Peace and Jail Delivery" Court of Owe
and Ierminer" and Court of General Ses
lions lions wherever found in the law of this
state. elsewhere than in this amended
Article Nv of this Constitution, shall B,
read as and taken to mean, and hereafter
printed as, the Superior Court provided fol
an this amended Article ~ of this Con.
stltution; and the phrase "Chief Justice
Wherever found in the law of this State
existing at the time this amended Article
~ OF this Constitution becomes effective
elsewhere than in this amended Article Nv
of this Constitution. shall be read as anG
taken to mean, and hereafter printed as
President Judge of the Superior Court and
OF the Orphans Court. as provided for in
this amended Article " of this Constitu.
tion.
Section 9. The Orphans Court shall
have all the jurisdiction and powers vested
by the laws of this State in the Orphans
Court.
Section 10. The Chancellor and the Vice.
Chancellor or Vice -Chancelors shall hold
the Court of Chancery. One of them, re-
spectively. shall sit alone in that court
This court shall have all the jurisdiction
and powers vested by the laws of this
State in the Court of Chancery The busi-
ness of the court shall be distributed by the
IbanqaIInr ha n
Chancellors between or among themselves
in such manner as to expedite it. The rules
of the Court of Chancery shall be made
by the Chancellor and he may make gen.
eral rules providing for the distribution OF
the business of the court between or among
the Chancellor and the Vice-Chancellor or
In any cause or matter
in the Court of Chancery that is initiated
by an application to a Judge of that Court
the application may be made directly to the
Chancellor or a Vice-Chancellor. Causes or
in the Court of Chancery shall
be decided, and orders or DEGREES therein
shall be made. by the Chancellor or Vice
Chancellor who hears them, respectively.
In cases of temporary emergency, upon
written request made by the Chancellor to
the President Judge of the Superior Court
and of the Orphans Court, or to the Senior
Associate Judge of said Courts if the said
President Judge should be incapacitated or
absent from the State. such President 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 Superior Court and of the
Orphans Court to sit separately as Acting
Vice Chancellor, or Acting Vice-C -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 Vice-Chancel-
lors. The Judges hearing and deciding such
causes as such Acting Vice-Chancellors
shall make all appropriate orders and de-
crees therein, in their own names as Acting
Vice. -Chancellors, and, for the purpose OF
said causes, shall be Judges of the Court
of Chancery.
Section H. The Supreme Court shall
have jurisdiction as follows
~ To issue writs of error in civil
causes to the Superior Court and to de-
termine finally all matters in error in the
judgments and proceedings of said Superior
Court in civil causes.
(2) To issue upon application Of the
accused, after conviction and sentence,
writs of error in criminal causes to the
Superior Court in all cases in which the
sentence shall be death, imprisonment eX-
ceeding one month, or fine exceeding One
ftunUfeQ
other cases as shall be provided by law /;
and to determine finally all matters in error
in the judgments and proceedings of said
Court in such criminal causes
however, that there shall be no
writ of error to the Superior Court in cases
of prosecution under Section of Article V
of this Constitution.
(3) To receive appeals from the Superior
Court in cases of prosecution under Section
s of Article v of this Constitution and to
determine finally all matters of appeal in
such cases.
"a 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 all
matters of appeal in the interlocutory or
final DEGREES and judgments and other pro-
in the Orphans Court.
(6) To issue writs of prohibition. quo
warranto certiorari and mandamus to the
Superior Court, the Court of Chancery
and the Orphans Court, or any OF the
Judges of the said courts and also to any
inferior court or courts established or to
be established by law and to any OF the
Judges thereof and to issue 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 vacation
and whether by one or more Justices OF
the Supreme Court.
(7) To issue such temporary writs OF
orders in causes pending on appeal. OF
on writ of error, as may be necessary to
protect the rights of parties and any
Justice of the Supreme Court may exer-
else this power when the court is not in
Bession.
(S) To exercise such other jurisdiction
by way of appeal, writ of error or OF
certiorari as the General Assembly may
from time to time confer upon it.
(9) To hear and determine questions
of law certified to it by the Court Of
Chancery. Superior Court or Orphans
Court where it appears to the Supreme
Court that there are important and urgent
reasons for an immediate determination
of such questions by it. The Supreme
Court may by rules define generally the
conditions under which questions may bt
certified to it and prescribe methods oi
certifcation.
Section IL. The Supreme Court shal
always consist of three Justices compos-
ing it except in case of vacancy oil
vacancies in their number or in case any
one or two of them shall be incapacitateC
or disqualified to sit by reason of interest
in any of which cases the Chief Justice
of the Supreme Court, or if he be dis
qualified or incapacitated or if there b.
a vacancy in that office. the Justice who
by seniority is next in rank to the Chiei
Justice, shall have the power to designat,
from among the Chancellor, the Vice
Chancellor or Vice-Chancellors, and the
Judges of the Superior Court, one OIL
more persons to sit in the Supreme Cour
temporarily to fill up the number of tha
court to three Justices and it shall be tn,
duty of the person or persons SO desig
mated to sit accordingly. provided. how
ever. that no one shall be so designated
to sit in the Supreme Court to hear any
cause in which he sat below. Three Jus
tices shall constitute a quorum in tn,
Supreme Court. Any one of the Justice
of the Supreme Court may open and ad
journ court.