ÆäÀÌÁö À̹ÌÁö
PDF
ePub

shall deliver the same to some justice of the peace; and the same measures shall be pursued to detect the counterfeiters, and the like remedy shall be given to the party aggrieved, as in the case of counterfeit bills and notes.

TITLE XI.

AN ACT RELATING TO COURTS.

CHAPTER I.

OF THE SUPREME COURT OF ERRORS.

Be it enacted by the Senate and House of Representatives, in General
Assembly convened:

1863. Supreme court of

stituted and

SECTION 1. That there shall be a supreme court of errors, which shall consist of one chief judge and four associate judges, who shall errors, how conbe appointed, from time to time, by the general assembly, and who elected. shall at the same time be elected judges of the superior court. SECT. 2. The supreme court of errors shall have final and con- Jurisdiction. clusive jurisdiction of all matters brought by way of error, or complaint, from the judgments or decrees of any superior court, in matters of law or equity, wherein the rules of law, or principles of equity, appear, from the files, records, or exhibits of said court, to have been mistakenly or erroneously adjudged and determined; and said court may take cognizance of all such matters, and carry into complete execution all its judgments, decrees, and determinations, according to the laws, customs, and usages of this state; and its judgments, decrees, and determinations, shall be final and conclusive, on all persons concerned.*

1859.

Quorum.

SECT. 3. Any three of said judges shall constitute a quorum for 1858. the transaction of business. Whenever more than two of the judges of said court shall be disqualified, or disabled to act, or shall decline to act, in any matter before said court, the remaining judges may call to their assistance such of the judges of the superior court, as may be necessary to constitute a quorum, who shall constitute the court for the trial of such matter; and whenever all the judges of

*Jurisdiction of supreme court of errors confined to causes and matters which have been regularly, before superior court. Green v. Hobby, 8 C. R. 165; Humphrey v. Marshall, 15 C. R. 341. Supreme court of errors will not generally reconsider questions of law. Smith . Lewis, 26 C. R. 110. No jurisdiction of motion for new trial, unless completed and allowed according to law. Stearns v. Richmond, 9 C. R. 112.

Judge may not revise his own decision.

Clerks.

1822.

To appoint a reporter.

May institute rules of practice.

1855.

ally in each county.

the supreme court of errors shall be disqualified, or disabled, or shall decline to try any cause pending before said court, the same may be tried by any three of the judges of the superior court, who shall constitute the court for the trial of said cause; and said judges shall be designated by the presiding judge of the supreme court of errors, who shall order the time for the convening of said judges; and the clerk of the court before which said cause may be pending, shall notify such judges thereof; but no judge shall revise a decision which

he has made on the circuit.

SECT. 4. The clerks of the superior court, in the several counties, shall be clerks of the supreme court of errors in said counties.

SECT. 5. The supreme court of errors shall, annually, appoint a reporter of the judicial decisions of said court, who shall receive such compensation for his services, as the general assembly shall from time to time direct.

SECT. 6. Said court may institute such rules of practice for the regulation of said court as may be deemed proper.

SECT. 7. The supreme court of errors shall hold two terms annuTwo terms annually, in each county, at the times and places prescribed by law, and every cause shall be tried in said court, in the same county in which it had been previously pending in the superior court, except as herein otherwise provided.

If no judge attends, the court

SECT. 8. Whenever, by any casualty, none of the judges of the to be adjourned. supreme court of errors shall attend, on the day, and at the place, appointed by law for holding said court, the sheriff of the county, where it is appointed to be holden, may adjourn the court from day ty day, until one or more of said judges shall attend, and then such judge or judges, as shall attend, may adjourn said court from day to day, until a quorum shall be present; or they may continue the causes there pending, and adjourn said court without day; and if none of the judges attend within twenty-four hours after the time appointed for holding said court, the said sheriff shall continue said causes, and adjourn said court.

ties.

1845.

SECT. 9. Whenever the parties in any cause, pending before the Judgment by agreement of par- supreme court of errors, shall make an agreement in writing, signed by themselves or by their attorneys, as to the judgment which shall be rendered therein, and shall file the same with the clerk of said court, said clerk may enter up judgment in said cause, upon the written order of the chief judge, or of the presiding judge of said court, to that effect.

Cause may be

tried in another

ment.

SECT. 10. Whenever the parties, in any cause pending before the county by agree- Supreme court of errors, shall make an agreement in writing, signed by themselves or by their attorneys, that said cause may be tried by said court, during its session in some other county than that in which said cause is pending, and shall file said agreement with the clerk of the court in the county in which it is pending, said cause may be so tried according to the agreement, and the decision being, by the chief judge, or the presiding judge, certified to such clerk, he shall enter up judgment in the same manner as if it had been tried and decided in that county.

1855. Clerk of superior

supreme court

SECT. 11. The clerk of the superior court in each county shall, court to transmit Within one week after the close of the term of the superior court in to chief judge of such county next preceding a term of the supreme court of errors list of causes therein, transmit to the chief judge of the supreme court of errors a pending, &c. list of the causes, pending for trial before said supreme court at its next term, together with the names of the attorneys of record in each

cause, and such other information, in regard to the number of trials expected to be had at such term, as he may possess.

in adjoining

Notice.

SECT. 12. The chief judge of the supreme court of errors may, Chief judge may at his discretion, order that the causes which may stand for trial in order cases tried any county, shall be tried in such adjoining county as he shall county. designate, during the next session of the supreme court of errors therein, and shall give notice of such order to the clerk of the superior court of the county in which such causes are pending, at least two weeks before the session of such court in such adjoining county; and shall order such further notice as he shall deem reasonable to be given by such clerk, by publication or otherwise; and such order being made and notice given, said court may hear and determine such causes, in such adjoining county, as if in the county to which such causes belong. Judgment shall be entered up by the clerk of such last mentioned county, in the same manner as if the same had been rendered therein.

1860.

qualification

of

SECT. 13. Whenever the ruling, judgment, or decree, of the superior court cannot be considered, revised, or reversed, by the Waiver of dissupreme court of errors, by reason of the disqualification of the judge. judges, or of any of them, otherwise authorized to hold the same, the party in whose favor such ruling, judgment or decree, is made or rendered, may file with the clerk, his written waiver of the disqualification of so many of the judges of the supreme or superior court by name, as will, inclusive of those not so disqualified or disabled, constitute a tribunal of at least three who shall form the supreme court of errors in that case.

court may order

SECT. 14. If within twenty-four hours after the filing of such If waiver not acwaiver in term time, or after notice to the adverse party, or his cepted, superior attorney in vacation, the party complaining shall not also file with execution, &c. the clerk his written acceptance of, or assent to, said waiver, the superior court shall, irrespective of any disqualification of the judge holding the same, if then in session, and if not, then at a subsequent term, on motion of the party in interest, discharge the rule and direct the execution, if any, to be issued, and if the judgment is for debt or damage, with interest after the rendition of the judgment added to the amount, as if no exception had been taken, or the case had not been reserved for the advice of the supreme court of errors, or said court may order the ruling or decree to be entered up, or enforced.

1858.

ions for the re

SECT. 15. The acting judges of the supreme court of errors Judges to meet shall meet, on or before the first Tuesday of February and Septem- to prepare opinber in each year, at such place within this state, as shall be pre- porter, when.. viously designated by them, for that purpose, and prepare their opinions in the causes decided by them, at the terms of said court, next previously holden in the several counties, and deliver such opinions to the reporter for his use, in reporting such causes.

CHAPTER II.

OF THE SUPERIOR COURT.

1855.

SECT. 16. There shall be a superior court of judicature of this state, to be holden annually in each of the counties, at the times Superior court

when and where and places hereinafter designated, by one of the judges of the supe

to be holden.

To consist nine judges.

Jurisdiction law.

Appeals

of

at

rior court.

SECT. 17. The superior court shall consist of nine judges, including the judges of the supreme court of errors, to be appointed by the general assembly.

SECT. 18. The superior court shall have cognizance of all causes, civil and criminal, which shall be brought before it by suit, appeal, writ of error,. scire facias, complaint, petition, or otherwise, according to law, and may try the same by jury, or otherwise, as the law from may require, and proceed therein to judgment and execution.*

court of probate, how tried.

Jurisdiction equity.

SECT. 19. All appeals from any order, denial, or decree, of courts of probate, in any matters cognizable by said courts, to the superior court, shall be tried by the court, or by a committee appointed by the court, and not by a jury, excepting when the validity of the last will and testament of any deceased person shall be brought in in question.

1851. Superior court to have jurisdiction

SECT. 20. The superior court shall have jurisdiction of all suits for relief in equity, and may inquire into the facts itself, or by a committee, and proceed therein to final sentence and decree, and enforce the same, according to the rules of equity; and all suits for relief in equity against any judgment rendered, or cause depending, at law, in the superior court, shall be brought to the said court.t

SECT. 21. The superior court shall have jurisdiction of all petiof petitions for tions, praying for a change of name, brought by any person residing change of name. in the county, in which such court is held, and may, for just and reasonable cause, change the name of the petitioner, who shall thereafter be known and called by such name, as said court, shall in its decree appoint.

1855.

judge to call in

preme court/

In capital cases, SECT. 22. In all criminal trials for offenses, punishable by death, judge of the su- the judge, holding the court before which such trial is to be had, shall call to his assistance one of the judges of the supreme court of errors, and such trial shall be had before both of said judges; and the judge of the supreme court of errors shall preside upon said trial, and have a casting vote upon all questions necessary to be decided by the court.

1846.

1849. 1855. 1859. 1860.

during

ture.

Assignment judges.

SECT. 23. The judges of the superior court, including the judges Judges to meet of the supreme court of errors, shall meet at the court room of the legislacounty in which the legislature shall be, or shall last have been, in session, on the last Tuesday of June in each year; and the chief judge of said last mentioned court shall be the presiding judge of said meeting, and five of said judges shall constitute a quorum for the transaction of business. Said meeting shall assign, or, in case there shall be a disagreement, the presiding judge shall assign, the judges to hold the several terms of the superior court, in the different counties, for the ensuing year. No judge shall be assigned to hold two successive terms in the same county, but a judge shall not be disqualified from holding the term to which he is so assigned, by Judges disquali. reason of his having held, in the manner hereinafter provided, the fied to hold a next preceding term, in whole, or in part, in the place of the judge so assigned to hold the same, nor by reason of his having held any special term of the court, in the same county, nor shall any judge be disqualified from holding a part of a term, or a special term of

term, when.

Cannot try a criminal case without a jury, even by agreement of parties. State v. Maine, 27 C. Ř. 281.

+ This section is broad enough to authorize issue of commissions, to ascertain lost boundaries. Perry v. Pratt, 31 C. R. 433.

the court in the same county, by reason of his having beld a preceding term.

Special superior

SECT. 24. The chief judge of the supreme court of errors, or, in his absence from the state, or inability to act, any two judges of the court. superior court, may call a special superior court, upon any extraor dinary occasion, and designate the judge, or judges, who shall hold

the same.

court after ad

1855.

superior court,

SECT. 25. There may be a session of the superior court holden in 1842. each county, immediately after the adjournment of the supreme Special superior court of errors in such county, by such judge of said superior court journment of suas said supreme court shall designate, for the purpose of rendering preme court. judgment, and issuing execution in causes heard, or decided, by said supreme court, during the preceding term, and for no other purpose. SECT. 26. The chief judge of the supreme, court of errors, or a majority of the judges of the superior court, may at any time, order Special term of a special term of the superior court to be holden in any county, how ordered. during a regular term of the superior court in such county, at which special term, all or any of the criminal causes pending before such regular term of said court may be tried, and any civil cause may be tried, if the parties agree to try the same, and such chief judge or such judges shall assign the judge who is to hold such special term. SECT. 27. Any judge of the superior court may hold a special term of said court in any county, during the session of any regular term in said county, upon the request of the judge assigned to hold another judge, said regular term; at which special term, the issues standing in the court list, in the docket of said court, may be heard and tried, while the judge who was assigned to hold said regular term is engaged in trying the issues, standing in the jury list in said docket.

1858. Issues in court list tried by

when.

town, how.

SECT. 28. The superior court, when held at one of the places in Adjournment to any county in which there are two places where said court is held, other half shire may, at its discretion, adjourn its session to the other place in said county, and upon such adjournment, hear and try any issue, standing in the court list in the docket of said court.

Special superior

SECT. 29. Any judge of the superior court may, at any time, 1855. hold a special term of said court, at any place that he may choose, ert may be but shall have no right, at any such special term, to proceed to the held, how. trial and determination of any cause, unless the parties thereto shall consent to the same; and any judge of said court may hold any term or part of a term to which any other judge had been assigned, whenever such judge shall be unable to hold, or to complete said term; and any judge may try any cause, during a term holden by any other judge, when the judge holding such term is disqualified, or shall decline to try the same; otherwise, such cause shall be continued.

1855.

sence by sickness

SECT. 30. If any vacancy shall occur in the office of any judge of the superior court, during a recess of the general assembly, or, if Vacancies or abany judge of said court shall be disabled by sickness or other cause, how supplied. any other judge of the superior court may perform the duties of such judge, during such vacancy or disability.

how made when

attend.

SECT. 31. Whenever the judge, assigned to hold any term of the 1845. superior court, shall be prevented, by sickness or other cause, from Adjournment, attending at the time and place appointed by law for holding the judge cannot court, or to which it may have been adjourned, such judge may make an order in writing, under his hand, for the adjournment of such court, which order being filed with the clerk of said court, the sheriff of the county, or his deputy, shall adjourn the court accord

« ÀÌÀü°è¼Ó »