Page:The Federal and state constitutions vol1.djvu/617

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The judicial power of this State shall be vested in a court of chancery, a supreme court, and courts of oyer and terminer and general gaol-delivery, in a court of common pleas, and in an orphans’ court, registers’ court, and a court of quarter-sessions of the peace for each county, in justices of the peace, and in such other courts as the legislature (two-thirds of all the members of each branch concurring) may, from time to time, establish.

The chancellor and the judges of the supreme court, and of the court of common pleas, shall hold their offices during good behavior; but, for any reasonable cause which shall not be a sufficient ground for an impeachment, the governor may, in his discretion, remove any of them, on the address of two-thirds of all the members of each branch of the legislature. They shall, at stated times, receive for their services adequate salaries, to be fixed by law, which shall not be diminished during their continuance in office, and shall be payable quarterly to their respective orders upon the treasurer, out of any moneys in the treasury; but they shall hold no other office of profit, nor receive any fees or perquisites, except such fees as shall be fixed by law for business to be done out of court.

The judges of the supreme court shall be not fewer than three, nor more than four, one of whom shall be chief-justice. There shall be a judge residing in each county. The jurisdiction of this court shall extend over the State. The judges shall, by virtue of their offices, be justices of oyer and terminer and general gaol-delivery in the several counties. Any two of the judges may act as if all were present.

The judges of the court of common pleas shall be not fewer than three, nor more than four, one of whom shall be chief-justice. There shall be a judge residing in each county. The jurisdiction of this court shall extend over the State. Any two of the judges may act as if all were present.

The chancellor, or any judge of the supreme court, or of the court of common pleas, shall issue the writ of habeas corpus in vacation time, and out of term, when duly applied for, which shall be immediately obeyed.

6. Any judge of the supreme court, or of the court of common pleas, may, unless the legislature shall otherwise provide by law, out of court, take the acknowledgment of deeds; and the same being thereon certified, under his hand, such deed shall be recorded, and have the same effect, as if acknowledged in open court.

In civil causes, when pending, the supreme court and court of common pleas shall have the power, before judgment, of directing, upon such terms as they shall deem reasonable, amendments in pleadings and legal proceedings, 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 that are aged, very infirm, or going out of the State, upon interrogatories de bene esse, to be read in evidence in case of the death or departure of the witnesses before the trial, or inability by reason of age, sickness, bodily infirmity, or imprisonment then to attend; and also the power of obtaining evidence from places not within the State.