Smyrna times., 1950-07-20

j
therein, or for other cause, there are no
, sufficient number of Judges available Il
hold such Court. The commission in sucl
! case shall cOnfne the office TO the eaus,
and Il shall expire on the discrimination
OF the cause. The Judge so appointed shal
receive reasonable compensation TO B,
nNed BY the General Assembly. Mem.
Der OF Congress. or any person holdinp
or exercising an Office under the United
States. shall not be disqualified from be-
ing appointed a judge ad litem.
Section Is. The jurisdiction Of each OF
the Aforesaid courts shall be eo-extensive
with the State. Process may be issued
out OF each court, in any county, into
every county. No costs shall be awarded
bgainst any party to a cause by reason
of the fact that suit is brought in 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 Assembly
giving jurisdiction to the former Court OF
Oyer and Terminer. the former Superior
Court, the former Court of General Ses-
sions of the Peace and Jail Delivery, the
former Court of General Sessions. the
Superior Court hereby established the
in any matter, or giving any power to
either of the said courts. The General
Assembly shall also have power to con-
fer upon the Superior Court. the Orphans
Court and the Court of Chancery juris-
diction and powers in addition to those
hereinbefore mentioned. Until the Gen.
eral Assembly 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 As
sembly, to the former Court of Errors
and Appeals or to the former Supreme
Court of this State.
Section Is. Until the General Assembly
shall otherwise provide, the Chancellor
and the Vice-Chancellor or Vce-C -Chancel-
lors, respectively. shall exercise all the
powers which any law of this State vests
in the Chancellor. besides the general
President Judge of the Superior Court 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 former Superior Court, whether as
members of the Court or otherwise.
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 mat
tiers of fact are at ISSUE if the parties
agree, such matters of fact shall be tried
by the court. and judgment rendered upon
their decisios thereon as upon a verdict
by jury.
Section 81. In civil causes, when pend
ing, the Superior Court shall have the
power, before judgment. of directing, upon
such terms as it shall deem reasonable,
amendments in pleadings and legal pro-
ceedings. so that by error in any of them,
the determination of causes according to
their real merits, shall not be hindered ;
and also of directing the examination of
witnesses and parties litigant.
Section %. At any time pending an
action for debt or damages, the defend
ant may bring into court a sum of money
for discharging the same, together with
the costs then accrued and 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 ad-
ministrator
Section 23. By the death of any party,
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
lstrator of a deceased petitioner or plain
tiff may prosecute the said suit +; and if a
respondent or defendant dies, the executor
or administrator being duly serviced with
scire facias thirty (30) days before the
d
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 decree, render judg-
ment for or against executors or admin
istrators as to right appertains. But where
an executor or administrator of a deceased
respondent or defendant becomes a party,
the court upon motion shall grant such
a continuance of the cause as to the judges
shall appear proper.
Section "a. Whenever a person, not
being executor or administrator, ap-
peals or applies to the Supreme Court for
writ of error, such appeal or writ shall
be stay of proceedings in the court
below unless the appellant or plaintiff in
error shall give sufficient security to be ap-
proved by the court below or by judge
of the Supreme Court that the appellant or
plaintiff in error shall prosecute respective
ly his appeal or writ to effect, and pay the
condemnation money and all costs, or other
wise abide the decree in appeal or the judg-
ment in error, if he fail to make his plea
good.
Section 25. No writ of error shall be
brought upon any judgment heretofore con-
fessed, entered or rendered, or upon any
Judgment hereafter to be confessed entered
or rendered, but within six (6) months
after the confessing, entering or rendering
thereof unless the person entitled to such
writ be an infant, non compos mentls, or
a
elusive of the time of such disability.
Section 26. The Prothonotary OF each
County shall be the Clerk of the Superior
Court in and for the County in which he
holds office. He may issue process, take
recognizance of bail and enter judgments,
according to law and the practice of the
court No judgment in one county shall
bind lands or tenements in another until
a testatum feri facias being issued shall
be entered of record in the Office OF the
Prothonotary of the County wherein the
lands or tenements are situated. Such
Prothonotary shall perform all duties here
tofore performed by the Clerk of the Peace
as Clerk of the former Court of General
Sessions and the former Court Of Oyer and
Terminer.
Section 81. 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 28. The General Assembly may
by law give to any inferior courts by 1t
established or to be established, or to one
or more justices of the peace, jurisdiction
of the criminal matters following, that is
to say-assaults and batteries, carrying con-
cealed a deadly weapon, disturbing meet
ings held for the purpose of religious wor-
ship, nuisances, and such other misdemean-
ors as the General Assembly may from time
to time, with the concurrence of two-thirds
of all the Members elected to each House
prescribe.
The General Assembly may by law regu-
late this jurisdiction. and provide that the
proceedings shall be with or without in
dictment by grand jury, or trial by petit
jury, and may grant or deny the privilege
of appeal to the Superior Court provided
however, that there shall be an appeal tc
the Superior Court in all cases in which
the sentence shall be imprisonment exceed
ing one ~ month, or fine exceeding One
IJundrad nollars (SIO0 00l