and jurisdiction of all actions and pleas of a civil nature, whether in law or in equity, between party and party, and between this state and any of the citizens thereof, which shall be brought legally before them; with full power and authority to pass all judgments, orders and decrees therein, and to issue such process as may be necessary to enforce them, including the issuing of injunctions and the hearing and determining bills of discovery; question of fraud or no fraud arising in any bill in equity may, at the discretion of the court, be tried by a jury, as other issues of fact are, at said court, at the request of either party.

SEC. 2. Said court shall have cognizance of all crimes, offences and misdemeanors, which shall legally be brought before them; and upon all persons convicted before them of any crime, offence or misdemeanor, shall inflict such punishment as is, or shall be, by law provided.

SEC. 3. Said court shall be the supreme court of probate in this state, and shall have cognizance and jurisdiction of all matters brought legally before them, by appeal or otherwise, from any court of probate which is or shall be established by

law.

SEC. 4. Whenever it shall be made to appear to the satisfaction of said court, by any party in a suit which shall have been tried or decided therein, or which shall have been tried or decided in either of the courts of common pleas, within one year previous to such application, that by reason of any accident, mistake or any unforeseen cause, judgment has been rendered in such suit, on discontinuance, non-suit, default or report of referees, or that such party had not a full, fair and impartial trial in such suit, and the court thereupon shall think it reasonable to grant a trial, or in case a trial hath been had in such case, to grant a new trial therein, they shall have power to grant the same, upon such terms and conditions as they shall prescribe. And the said court shall also have power to grant a new trial in any case where there has been a trial by jury, for reasons for which new trials have been usually granted at common law; and if the application for such trial or new trial of a suit decided in the said supreme court shall be made at the same term in which such suit shall have been tried or decided, the adverse party shall be holden to answer the same, without further notice thereof; but if such application shall be made at any other term of said court in a suit decided therein or in either of the courts of common pleas, notice thereof shall be given to the adverse party, in such manner as the court shall, by general rule or otherwise,

direct, to appear at such time as the court shall appoint to answer the same; and whenever a trial or a new trial shall be granted, the same shall be had before any court in any county, at such term thereof, and under such restrictions and conditions, as the said supreme court may prescribe: provided, that if the application for a new trial shall be made by the plaintiff, no goods or chattels or real estate attached, or bail given upon the original writ, shall be holden to respond the judgment in such case, unless the application for a new trial be made at the term in which such cause shall have been decided, if in the supreme court; but if the same shall have been decided by any court of common pleas, the plaintiff shall file his petition for a trial, or a new trial, with the clerk of the supreme court for the same county, and notify the adverse party thereof within ten days after the rising of the court at which the same shall have been decided, or the bail or property aforesaid shall be discharged. And the said court shall and may exercise the same powers in granting a trial in all cases decided at a special court of common pleas, or before any justice of the peace, if no trial shall have been had therein, and may exercise the like powers in granting a trial in all cases decided by any probate court, wherein the party shall have neglected to prosecute his appeal according to law; and shall also have power in their discretion, on the petition of the accused, to grant trials or new trials upon indictments or other criminal prosecutions in which verdict or judgment shall have been rendered against such petitioner: provided, application therefor shall be made within one year after such cause shall have been tried or decided: provided further, that all petitions for trials or new trials shall be filed, heard and tried only in the county in which the original suit or prosecution was commenced or tried.

SEC. 5. Said court in term time, and either of the justices thereof in vacation, is authorized and empowered, upon the application of any creditor interested in a deed of assignment made by a debtor for the benefit of creditors, and upon cause shown, to require the assignee or assignees nominated in such deed of assignment, to render on oath to said court or justice, an inventory of all the effects, estate and credits conveyed by such deed of assignment, so far as the same can be ascertained; and to give bond with sufficient surety or sureties to the satisfaction of said court or justice, for the faithful performance of the trusts in such deed of assignment contained; which bond shall be given to the clerk of said court for the time being, in the county where the process is commenced,

and shall enure to the benefit of all the creditors interested in said assignment, according to the provisions thereof.

SEC. 6. The said court or justice shall remove any assignee nominated in any such deed of assignment as is referred to in the next preceding section, if the said assignee neglect or refuse to render said inventory, or to give bond when thereunto required, by said court or justice, in manner aforesaid; and shall appoint one or more suitable persons to receive, take and recover all the effects, estate and credits conveyed in such deed of assignment; and the same to hold and dispose of, for the uses, intents and purposes set forth in said deed of assignment; which person so appointed shall have and enjoy all the rights and estates, and be subject to all the duties, liabilities and responsibilities, that appertain by virtue of said deed of assignment to the assignee so removed.

SEC. 7. The said court, upon the application of any person interested therein, and upon cause shewn, in their discretion, may grant writs of injunction, according to the course of courts of chancery, against any rail road or turnpike corporation in this state, that shall be using any of its corporate rights and franchises in violation of or repugnant to law, or to the conditions, limitations and provisions contained in its charter of incorporation : provided, however, that the corporation against which said writ of injunction shall be prayed, shall first have notice of the pendency of such application, and shall be heard in the matter if they shall see fit. Upon a similar application and under like limitations and provisions, any justice of said court in vacation may grant a writ of injunction, to continue in force until the next term of the court in the same county and for any definite time thereafter, unless removed by said court.

SEC. 8. Said court shall have jurisdiction and cognizance of all petitions for divorce, separate maintenance, alimony, and custody of children, and of all petitions for the benefit of the insolvent act of this state, with all the powers necessary for a proper discharge of the duties required.

SEC. 9. They are also empowered to administer all necessary oaths and affirmations, and to punish by fine or imprisonment all contempts of authority, in any cause or hearing before them; to make rules and orders for said court, directing the returning of writs and processes, the filing of pleadings, the taking of rules, the entering and making up of judgments, and other matters, in vacation or otherwise, in manner not repugnant to law; to regulate the practice before said court as shall be fit and necessary for the advancement of justice, and

especially to prevent delay in proceedings; and to make and establish rules for the admission of attornies to practice in the courts of this state; said court is also empowered to issue writs of certiorari, scire facias, habeas corpus, mandamus, quo warranto, writs of protection, and all other writs not specially provided for by statute; and to do all such other acts as may be necessary or proper, to carry into full effect all the powers which are or may be given them by law.

SEC. 10. All bills and petitions in equity, and all civil process originally commenced before said court, shall be commenced in the county in which some one of the parties named therein shall dwell or reside; but by consent of all parties or their counsel, endorsed on the papers, in any matter in equity pending before said court, the same may be transferred to and heard and determined in any other county, at the discretion of said court, upon such terms and conditions as they may deem expedient.

SEC. 11. At any day appointed or to be appointed by said court for taking rules in any county, in matters of equity, any justice of said court may proceed to pass any rules, orders or decrees, except final decrees, in any cause in equity then pending before said court in said county, with the same effect as said court could and might if in session; and may, at any other time, according to the course of equity, issue writs of injunction.

SEC. 12. In all cases in which power is conferred on a single justice of said court in vacation, to hear and determine on any matter, such hearing shall be, unless good cause be shown to the contrary, in the office of the clerk of the court, in the county in which the same shall be heard, which shall be that in which some one of the persons named therein shall reside or belong; and the said justice shall certify his proceedings to the said clerk, and return to him the original papers in said matters, to be by him kept on file in his said office; said justice in such cases may, in his discretion, award costs to either party therein, which shall be taxed by the clerk, allowed by said justice, and collected by execution issued by the clerk, returnable to the next term of said court in said county.

SEC. 13. Said court shall consist of one chief justice and three associate justices, and they or any two of them shall be a court; but no justice of said court shall be a member of the general assembly.

SEC. 14. The justices of said court, before they execute any of the duties of their office, shall take the following oath:

I do solemnly swear, (or affirm,) that I will support the constitution of the United States, and the constitution and laws of this state; that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge and perform all the duties incumbent on me as chief justice (or, as one of the associate justices, as the case may be,) of the supreme court, according to the best of my abilities, agreeably to law: so help me God; or, this affirmation I make and give upon peril of the penalty of perjury.

SEC. 16. Said court shall instruct the grand juries in the law relating to crimes and offences cognizable by said court, by giving them publicly in charge the opinion of the court thereon; and shall also instruct the petit jury in the law that may be applicable to each cause by them tried, by giving them publicly in charge, before they retire to consider of their verdict, the opinion of the court upon the law; and may sum up the evidence in each cause for the instruction of the jury, whenever they shall deem it advisable so to do.

SEC. 16. It shall be the duty of some of the justices of said court to examine the state of the clerk's offices thereof, and to ascertain that the judgments have been regularly and seasonably recorded; and the justice making such examination shall annually report to the general assembly at May session, whether the said judgments have been regularly and seasonably recorded as aforesaid.

SEC. 17. The salary of the chief justice of said court shall be six hundred and fifty dollars per annum, and of each of the associate justices, five hundred and fifty dollars per annum; to be paid quarterly by the general treasurer; and all entries paid in said court shall be divided equally between them.

SEC. 18. There shall be annually appointed by the general assembly, one clerk for said court in each county, who shall constantly attend the sitting of such court, in the county for which he shall be chosen, and furnish stationery for the same, to be allowed by said court; shall keep the seal of said court, make fair entries and records of the decrees, judgments and proceedings therein, and do and perform all other things which by law or by the rules of the said court shall appertain to his said office. Each of the said clerks shall also give bond to the general treasurer, with sufficient sureties to be approved of by him, in the sum of three thousand dollars, faithfully to discharge the duties of his office according to law, and seasonably to record the decrees, judgments and determinations of the said court, within the county for which he is clerk.