OF COURTS OF JUSTICE.
AN ACT in Relation to Special Sessions of Courts of Justice.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
SECTION I. That the Chancellor of this State may, whenever a majority of the members of the Court of Errors and Appeals shall deem it expedient, call a special session of said court, to meet at Dover, upon such notice as he shall prescribe. Such call shall be in writing, and shall be filed with the clerk of said court and by him entered of record, and a copy thereof shall be thereupon immediately transmitted by the said clerk to each of the judges of said court. At such special session the said court shall have the power to transact any and all business which it might lawfully entertain at any regular session thereof.
SECTION 2. That the Chief Justice of this State be and he is hereby authorized to call a special session of the Superior Court in any county whenever a majority of the members of the said court shall deem it expedient, upon such notice as he shall prescribe. Such call shall be in writing, and shall be delivered to the prothonotary of the county in which said special session is called, and shall be by him entered upon the records of said court. A copy thereof shall be thereupon immediately transmitted by the said prothonotary to each of the judges of said court. At such special session the said court shall have cognizance of such business only as the Chief Justice shall designate in the call for such special session.
SECTION 3. It shall be lawful at any time in vacation for a petition for a mandamus to be filed in the office of the prothonotary of the Superior Court of any county, and such petition shall be immediately transmitted by the said prothonotary to the Chief Justice of the State. If it shall appear that the matters contained in said petition and affidavits accompanying the same ought to be heard and determined before the time of the next regular session of said court, then it shall be lawful for the Chief Justice to award a rule to show cause why a mandamus shall not be issued and to make the said rule returnable at a special session of the said court, to be called as provided in Section 2 of this act.
Passed at Dover, April 10, 1893.