OF THE SUPERIOR COURT. CHAPTER 92.

shall have cognizance of such business only as the Chief Justice shall designate in the Powers of call for such special session.

mandamus in

shall transmit to

court at special sessions. SEC. 3. It shall be lawful at any time in vacation for a petition for a mandamus to Lawful to file be filed in the office of the prothonotary of the Superior Court of any county, and such petition for petition shall be immediately transmitted by the said prothonotary to the Chief Justice vacation. of the State. If it shall appear that the matters contained in said petition and affida- Prothonotary vits accompanying the same ought to be heard and determined before the time of the Chief Justice. next regular session of said court, then it shall be lawful for the Chief Justice to award Hearing. a rule to show cause why a mandamus shall not be issued and to make the said rule Justice. returnable at a special session of the said court, to be called as provided in Section.2 of Return of rule. this act.

Passed at Dover, April 10, 1893.

Rule of Chief

CHAPTER XCII.

OF THE SUPERIOR COURT.

SEC. 1. Subject of this court's cognizance, 2. Powers of the court.

3. To deliver jails. Courts of oyer.
4. Inquiry on interlocutory judgments.
5. Power to make rules, &c.

SEC. 6. Admission of attornies.
Their duty, and powers.

7. Judges to frame and issue writs.
Act to regulate the mode of procedure
and the attendance of witnesses, &c.
Additional acts.

SECTION 1. The judges of the Superior Court, or any two of Cognizance, them, shall hold pleas of assize, scire facias, replevins, informations and actions on penal statutes; and hear and determine all and all manner of pleas, actions, suits, and causes, civil, real, personal and mixed, according to the constitution and laws of this State, as fully and amply, to all intents and purposes, as the justices of the king's bench, common pleas, and exchequer of England, or any of them, may or can do.

SEC. 2. The said judges, or any two of them, shall have full power and authority to examine, correct and punish the contempt, omissions, neglects, favors, corruptions and defaults of all justices of the peace, sheriffs, coroners, clerks and other officers within this State; and also shall award process for levying all such fines, forfeitures and amercements as shall be imposed, or recovered, in said court; and generally shall minister justice to all persons, and exercise the jurisdictions and powers hereby granted them, concerning the premises, according to law and equity, as fully and amply, to all intents and purposes whatsoever, as the justices of the king's bench and common pleas at Westminster, or the chancellor of England, may or can do.

Powers.

SEC. 3. The said judges, or any three of them, shall have power, Jail delivery. from time to time as there shall be occasion, to deliver the jails of all persons committed for treasons, murders, and such other crimes as by the laws of this State are made capital, or felonies of death;

Precepts for

OF THE SUPERIOR COURT. CHAP. 92. CHAP. 557, VOL. 14.

and for that end, from time to time, to issue forth such necessary precepts and process, and force obedience thereto, as justices of asCourts of Oyer. size, justices of oyer and terminer and jail delivery, may or can do in the realm of Great Britain.

Inquiry on interlocutory judgments.

Power to make rules.

Admission of attornies.

Their duty.

And powers.

Judges may issue writs.

How.

SEC. 4. The judges who give any interlocutory judgment, shall on motion, make an order, in the nature of a writ of inquiry, to charge the jury attending at the same, or next court, to inquire in open court, of the damages and costs sustained by the plaintiff in such action, and return their inquisition, under their hands and seals; whereupon the court may proceed to judgment.

SEC. 5. The said judges of the Superior Court shall have power to make regulations for the returns of all judicial writs, entering rules thereon, and on the sheriff filing declarations and other pleadings in vacation, and all other rules necessary for the bringing forward and expediting the trial of causes and finishing executions.

SEC. 6. There may be a competent number of persons, of an honest disposition and learned in the law, admitted by the judges of the respective courts to practice as attornies there, who shall behave themselves justly and faithfully in their practice; and if they misbehave themselves therein, they shall suffer such penalties and suspensions as attornies at law in Great Britain are liable to. Such attornies may enter actions, prosecute and defend suits, draw writs, process and pleadings, and practice generally in all the courts of this State without further license.*

power

SEC. 7. Each of the judges of the Superior Court shall have and authority to frame and issue writs of habeas corpus, certiorari, and all remedial writs, or other process, necessary for bringing the causes in said court to trial, and for carrying the judgments of said court into execution.

All the said writs shall be granted of course; shall bear test in the name of the chief justice, or, if he be a party, in the name of one of the other judges, and shall be sealed and made returnable to the next term of the court after the date of such writ, or otherwise as the case may require.

CHAPER 557, VOL. 14, LAWS OF DELAWARE.

AN ACT TO REGULATE THE MODE OF PROCEDURE AND THE ATTENDANCE OF WITNESSES AT CERTAIN COURTS OF THIS STATE. SECTION 1. It shall be the duty of the Judges of Courts of General Sessions and Duty of the Judges to meet Jail Delivery, and of the Superior Court in and for New Castle County, to meet at seven days before Court and make some convenient place and at seven days previous to the meeting of either of the said courts, and the said judges shall then cause to be made a list of the cases to come before the ensuing session of said court. And the said judges shall cause the cases in such list to be numbered in such order as they shall deem proper, and shall divide the

out a list of cases.

*Chap. 117, Vol. 13, requires attornies to take out license; but does not prevent them practicing without it, the said act imposing a fine and imprisonment for refusing. (From Code of 1874.)

OF THE SUPERIOR COURT. CHAP. 92. CHAP. 135, VOL. 16.

cases in such list into classes, according to such numbering, and subject to the provis

ions and exceptions hereinafter mentioned.

Clerk of the

SEC. 2. The clerk of the peace in and for New Castle county shall give public no- Notice given by tice of the day on which the Judges of the Court of General Sessions and Jail Deliv- Peace. ery in and for New Castle County shall meet to prepare the list directed by this act for said court: he shall attend the said meeting, and shall prepare said list under the di- Clerk of Peace rection of the judges aforesaid, and shall publish said list in such papers, and for such meeting time, as he may deem proper, giving the number of each case, the class to which it List published. belongs, and the date on which the trial in each class shall commence as hereinafter provided.

to attend the

meeting.

SEC. 3. The prothonotary of New Castle County shall attend the meeting of the Prothonotary Judges of the Superior Court directed by this act, and in relation to the Superior to attend the Court shall perform similar duties to those directed by this act to be performed by the clerk of the peace in relation to the Court of General Sessions and Jail Delivery.

SEC. 4. The list of cases provided by Section 1, for the Court of General Sesssons List of cases in the Court of and Jail Delivery in and for New Castle County, shall be divided into such number General Sessions of classes, and with such number of cases in each class, as the judges of said court and Jail Delivery shall direct, and the said judges shall assign days on which the trial of each class of Days for trial assigned. cases in said court shall commence. Witnesses in said cases, before the said court, Witnesses summoned when to in any one of the classes aforesaid, shall be summoned to attend said court at a day appear. not more than two days previous to the day on which the trial of the cases in said class shall commence, except as otherwise provided in Section 6.

into classes.

pear; when.

SEC. 5. The list of cases provided in Section 1, for the Superior Court of New List of cases of the Superior Castle County, shall be divided into such number of classes, and with such number of Court divided cases in each class as the judges of said court shall direct, and the judges of said court Days for trial shall assign days on which the trial of each class of cases in said court shall commence. assigned. Witnesses in said cases before said court, in any one of the classes aforesaid, shall be Witnesses summoned to apsummoned to attend said court on the the day on which the trial of the cases in said class shall commence, except as it may be otherwise provided by Section 6. SEC. 6. The same day shall not be assigned as the day on which the trial of the Different classes cases in more than one class herebefore mentioned shall commence, except as herein- not assigned on the same day. after provided. The judges presiding at any of the courts mentioned in this act may, Powers of the at their discretion, by an order, assign any cases before the court for trial at such Judges. time as they shall deem proper, and they may direct and compel the attendance of any witness before said court by an order at any time and for such length of time as they may deem proper. The judges holding the courts mentioned shall also fix the com- Compensation of pensation of the clerk of the peace and the prothonotary under this act, and their Peace and Proorder shall be a voucher for said payment.

Passed at Dover, April 8, 1873.

CHAPTER 135, VOL. 16, LAWS OF DELAWARE.

AN ACT AUTHORIZING THE SUPERIOR COURT IN AND FOR NEW
CASTLE COUNTY, TO MAKE CERTAIN RULES.

Clerk of the

thonotary.

authorized to

SECTION. 1. Whenever the Superior Court sitting in and for New Castle County, Superior Court may consider it necessary or proper, they shall have the power to appoint, by rule, any make certain day during the terms of said Court, which they may see fit, for the transaction of all such matters or things as are now required by law to be done on or before the last day Transactions of the term. And all matters or things which may be done in accordance with any rule, done in accord

rules.
When.

ance with said rules valid.

Court to deposit

or invest money of non-residents, et al.

Calling in, rein

ment of the

CHAP. 92. ADDITIONAL ACTS.

OF THE SUPERIOR COURT made as aforesaid, shall be as valid and binding as if done on the last day of said term, and shall have the same operation and effect.

Passed at Dover, March 27, 1879. .

CHAPTER 526, VOL. 16, LAWS OF DELAWARE.

AN ACT AUTHORIZING THE SUPERIOR COURT TO DEPOSIT OR IN-
VEST MONEY PAID INTO SAID COURT.

SECTION I. The Superior Court shall have authority to deposit, in the name of the court, in any savings bank of this State, or to invest in the name of the State in the funded debt of this State or of the United States, or upon bond or mortgage, or both, any money which has been or may be paid into said court when the person entitled to the same is a non-resident of this State, unknown or incompetent to receive the same, or when for any sufficient cause it may be impossible or improper to pay the same to the party interested therein.

SEC. 2. The money so deposited or invested may be called in, collected, redeposited, vestment or pay- reinvested or paid to the parties entitled to the same, as said court may from time to time direct. And costs incurred under this act shall be payable out of the fund. Passed at Dover, March 9, 1881.

same.

Court stenographer.

Duty of.

Appointment.

Oath.
Bond.

CHAPTER 253, VOL. 19, LAWS OF DELAWARE.

AN ACT FOR THE RELIEF OF THE COURTS OF THIS STATE. SECTION 1. That there shall be attached to the Superior Court, the Court of Oyer and Terminer and the Court of General Sessions of the Peace and Jail Delivery of this State, an additional officer, who shall be a skilled and competent stenographer, whose duty it shall be to attend the sessions of the said court in (the) several counties of this State, and under the orders and directions of the court to report all evidence, opinions and other matters as the court shall order. He shall be appointed by the court and subject to be removed at its pleasure, and another appointed in his place.

SEC. 2. Before entering upon his duties he shall be duly sworn as other court officers and shall give bond to the State of Delaware in the penal sum of two thousand dollars to be approved by the court for the faithful discharge of his duties. He shall receive Compensation. as compensation for his services such sum as may be approved by the court, not exceeding fifteen hundred dollars per annum, the same to be paid by the State Treasurer on the draft of the Chief Justice in equal quarterly installments. Passed at Dover, May 7, 1891.

How paid.

Preamble,

CHAPTER 218, VOL. 18, LAWS OF DELAWARE.

AN ACT TO ENLARGE THE TIME FOR HOLDING THE SUPERIOR
COURT IN NEW CASTLE COUNTY.

WHEREAS, By reason of the increase in the civil business in the superior court of New Castle county, it has become necessary to enlarge the time for holding the said court in that county at the May and November terms thereof, but owing to the time now fixed for the commencement of the court of errors and appeals, the time for holding the said superior court cannot be enlarged without first changing the time for the commencement of the court of errors and appeals.

OF THE COURT OF OYER AND TERMINER. CHAPTER 93.

the Court of Errors and

SECTION 1. That the Court of Errors and Appeals shall commence and be held on Time of holding the third Tuesday in January and the third Tuesday in June. SEC. 2. That each of the five judges of this State shall receive in addition to his an- Appeals. nual salary, the further allowance of five dollars for each day he shall be engaged in The Judges shall receive an addiholding court out of the county in which he resides, which allowance shall be paid tion to annual salary. quarterly, out of any money in the treasury, upon the certificate of the judge so engaged as aforesaid.

Passed at Dover, April 7, 1887.

CHAPTER 255, VOL. 19, LAWS OF DELAWARE.

AN ACT TO FIX THE TIME FOR HOLDING THE SUPERIOR COURT
AND COURT OF GENERAL SESSIONS OF THE PEACE AND JAIL DE-

LIVERY IN THE SEVERAL COUNTIES OF THIS STATE.

counties.

SECTION 1. That the Superior Court and Court of General Sessions of the Peace Time of holding and Jail Delivery in and for Sussex county shall be held on the first Monday in April court in several and the first Monday in October; in Kent county on the third Monday in April and the third Monday in October; and in New Castle county the Court of General Sessions of the Pesce and Jail Delivery shall be held on the first Monday in February, on the third Monday after the commencement of the April term in Kent, on the third Monday in September and on the third Monday in November; and the Superior Court in and for New Castle county shall be held on the first Monday in February, on the fourth Monday after the commencement of the April term in Kent, on the third Monday in September, and on the fourth Monday in November. Provided that the provisions of Proviso. this act shall not take effect or go into operation until after the April terms of said When act to go courts in Sussex and Kent counties, and the May terms of said courts in New Castle county in the present year 1891, but the April terms of said courts in Sussex and Kent counties, and the May term of said courts in New Castle county in the present year, 1891, shall be held at the times fixed by law for the holding of the same prior to the passage of this act.

SEC. 2. All acts or parts of acts inconsistent with or supplied by this act be and the same are hereby repealed.

Passed at Dover, March 19, 1891.

into effect.

CHAPTER XCIII.

OF THE COURT OF OYER AND TERMINER.

SEC. 1. Jurisdiction.

2. To assign counsel,

SEC. 3. Precepts may omit grand jury; when,

SECTION 1. The Courts of Oyer and Terminer have and shall Jurisdiction. have jurisdiction of every crime punishable with death, [of murder Chap. 225, vol. 11. of the second degree,] and of the crime of manslaughter, and of the offence of being an accomplice, or accessory, to any such crime, whether such crime, or offence, have been committed by a free person, or a slave.