CHAPTER 258

SUPREME COURT PROVIDING FOR THE EXPENSE THEREOF

AN ACT AMENDING CHAPTER 110 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED RELATIVE TO THE SUPREME COURT AND TO PROVIDE FOR THE EXPENSE THEREOF.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 110 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is further amended by striking out all of said Chapter 110, 4261. Sec. 1. to 4272. Sec. 12. inclusive, and inserting in lieu thereof the following:

4261. Sec. 1. Power to Make Rules:--The Supreme Court is authorized and empowered to establish terms by general rule and, by general rule or, where said Court shall deem it best for the advancement of justice, by special order to fix the time of and otherwise regulate the return of any and all process issued out of said Court, and to make rules and orders for the trial, hearing and determination of causes and proceedings in said Court.

4262. Sec. 2. Sheriff:--The Sheriff of Kent County shall attend the sessions of the Supreme Court and perform the duties as prescribed in Section 9 of Chapter 48.

4263. Sec. 3. Writs of Certiorari; How Sued Out and Issued:--Writs of certiorari, issuable out of the Supreme Court, shall be writs of right and not of grace, and shall be sued out of and be issued out of said Court either during term or in vacation, without petition therefor or the allocatur of any Judge or order of said Court.

4264. Sec. 4. Process How Returnable:--Writs of error, citations, writs of prohibition, writs of certiorari and writs of mandamus issuable out of the Supreme Court of the State of Delaware, shall be returned in the manner, at the place and at the time that the said Supreme Court, either by rule of said Court, or in cases where said Court shall deem it best for the advancement of justice, by special order shall direct.

4265. Sec. 5. Petition for Writ of Prohibition or Mandamus in Vacation; Where Filed, and Transmitted; Special Session; When; Award of Rule; How Returnable:--It shall be lawful at any time in vacation for a petition for a writ of prohibition or mandamus to be directed and issued to the Superior Court, the Court of Chancery, the Orphans' Court or any of the Judges of the said Courts to be filed in the Office of the Clerk of the Supreme Court; and such petition shall be transmitted immediately by the said Clerk to the Chief Justice, unless he be absent from the State or otherwise disqualified, and in his absence or disqualification, to the Justice present who is senior in length of service who is present within the State and not disqualified.

If it shall appear to the Chief Justice or other Justice of the Supreme Court to whom any such petition has been so transmitted as aforesaid, that the matters contained in said petition and the affidavits accompanying the same ought to be heard and determined before the time of the next regular session or term of the said Court, then it shall be lawful for the said Chief Justice or other Justice of the Supreme Court to whom any such petition has been so transmitted as aforesaid then and there to award a rule to show cause why a writ of mandamus or a writ of prohibition, as the case may be, shall not be issued, as prayed for in said petition, and to make the said rule returnable at a special session of the said Court to be called as is in Section 8 of this Chapter provided.

4266. Sec. 6. Special Term; How Called:--The Chief Justice, unless absent from the State or otherwise disqualified, and in his absence or disqualification the Justice present who is senior in length of service who is present and not disqualified, may whenever a majority of the Justices of the Supreme Court shall consider that the matters contained in any petition so filed as aforesaid ought to be tried, heard, and determined before the time of the next regular session or term of said Court, call a special session of said Court, to meet at Dover upon such notice as the Chief Justice or other Justice calling such special session shall prescribe.

4267. Sec. 7. Special Term; Business at; Powers of Court: --At any such special session of said Court the said Court shall proceed to try, hear and determine such matters only as the Chief Justice, or other Justice calling such special session shall designate in the call aforesaid, which the said Court is authorized to do; and the said Court, so sitting in any such special session, shall have power to make any and all orders and rules and to issue any and all processes, necessary or proper to give effect to any order, writ or judgment made, issued or rendered by it.

4268. Sec. 8. Minute of Judgments; Indices:--Whenever a judgment is entered, or signed, in the Supreme Court, the clerk of that Court shall set down on the docket thereof, the day, month and year of actually entering or signing it. He shall also keep two indexes to his judgment docket, and make the entries therein, as required of the Prothonotary in Chapter 113, under the penalties prescribed by said Chapter, the provisions of which are, for this purpose, extended to the Clerk of the Supreme Court.

4269. Sec. 9. Costs; Prepayment of; Bill of; Refunding; Neglect of Misdemeanor; Penalty:--The plaintiff or appellant, shall, on docketing a cause in the Supreme Court, pay the clerk Five Dollars; and upon the decision of such cause, the clerk shall enter on the record a bill of the costs, and after deducting his own fees shall on demand, refund any portion of the said sum that may be due to said plaintiff, or appellant; and the neglect so to do shall be a misdemeanor, and a forfeiture of his office.

4270. Sec. 10. Docketing Appeals from Chancery:--In case of an appeal from the Court of Chancery, when a copy of the record and papers is delivered to the Clerk of the Supreme Court, he shall file the same forthwith, and shall enter the appeal, with the date of filing such copy, on the docket of said Court.

4271. Sec. 11. Offices for the Justices:--The Supreme Court is authorized to obtain such office space for each of the Justices thereof as shall be necessary and appropriate to permit the said Justices to properly carry out their duties and bills for such office rent shall be paid by the State Treasurer when approved in writing by any Justice of the Supreme Court.

4272. Sec. 12. Court Reporter:--The Supreme Court is authorized to employ from time to time a skilled and competent stenographer to be designated as the Court Reporter whose duties shall be to attend the sessions of the Supreme Court and to report all evidence, opinions and other matters as any Justice of the Supreme Court may order. The Court Reporter before entering upon his duties shall take and subscribe the oath of office as required by the Constitution. He shall receive for his services such amounts as the Supreme Court shall from time to time determine and such expenses shall be paid by the State Treasurer when approved in writing by any Justice of the Supreme Court.

4272A. Sec. 12A. Office Stenographers:--Each Justice of the Supreme Court is authorized to appoint, and to remove at pleasure, one competent stenographer to be designated as office stenographer whose duties shall be to render the Justices such clerical, stenographic, typewriting and secretarial services as shall be required for the proper functioning of the Supreme Court. The office stenographers shall severally receive as compensation for their services, to be paid in equal monthly installments by the State Treasurer, such amounts as the Justices shall from time to time determine.

4272B. Sec. 12B. Supplies and Equipment:--The Supreme Court is empowered to adopt rules and regulations with respect to the purchase of supplies and equipment, the presentation of bills and vouchers for the payment thereof, and for other necessary expenses of the Supreme Court; and bills for such supplies, equipment and other expenses shall be paid by the State Treasurer when approved in writing by any one of the Justices of the Supreme Court.

4272C. Sec. 12C. Appropriation of Funds:--There is hereby appropriated the sum of Ten Thousand Dollars ($10,000.00), or so much thereof as may be required, for the purchase of office furniture and equipment for the offices of the Justices of the Supreme Court, which amount shall remain available for said purpose until, and including June 30, 1952, at which time so much thereof as remains unexpended and uncommitted shall revert to the General Fund of the State Treasury.

Further, there is hereby appropriated for and during said fiscal year ending June 30, 1951, the further sum of Ten Thousand Dollars ($10,000.00) for the rental of office space for the Justices of the Supreme Court, the payment of the compensation of the Court Reporter, the payment of the compensation of the office stenographers, the payment of the compensation of the Justices of the Supreme Court, the purchase of office supplies and equipment, and the payment of other necessary expenses of the Supreme Court.

Further, commencing with the fiscal year beginning July 1, 1951, there is hereby appropriated the further sum of Seventy-six Thousand Six Hundred Dollars ($76,600.00) annually, for the rental of office space for the Justices of the Supreme Court, and the payment of the compensation of the Court Reporter thereof, the payment of the compensation of the office stenographers of the Justices of the Supreme Court, the payment of the compensation of the Justices of the Supreme Court, the purchase of office supplies and equipment and the payment of other necessary expenses of the Court.

Section 2. This Act shall be known as a Supplementary Appropriation Act and the money hereby appropriated shall be paid out of the General Fund of the State Treasury not otherwise appropriated.

Approved June 5, 1951.