FrankGoortani/open-us-law huggingface dataset:
De. Const. art. I, § 5 — Article I / Section 5
DE Const., Article I, Section 5
Status: in_force

The free communication of thoughts and opinions is one of the invaluable rights of man. The press shall be free to every citizen who undertakes to examine the official conduct of persons acting in a public capacity; and any citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. In prosecutions for publications, ​ investigating the proceedings of officers, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels the jury may determine the facts and the law, as in other cases. 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136 ; 73 Del. Laws, c. 291 and 74 Del. Laws, c. 112; § 6. Searches and seizures.
De. Const. art. XVII, § 11 — Article XVII / Section 11
DE Const., Article XVII, Section 11
Status: in_force

If the Chancellor, Chief Justice or any Judge in office at the time this amended Constitution shall take effect shall not be appointed Chancellor, Chief Justice or Judge under this amended Constitution, he or she shall be entitled to receive the sum of fifteen hundred dollars per annum, payable quarterly, for five years, after the expiration of his or her office, if he or she shall so long live. 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11; § 12. First biennial session of General Assembly under Constitution. ​
De. Const. art. III, § 14 — Article III / Section 14
DE Const., Article III, Section 14
Status: in_force

The Governor may require information in writing from the officers in the executive department, upon any subject relating to the duties of their respective offices. § 15. Messages to General Assembly.
De. Const. art. X, § 4 — Article X / Section 4
DE Const., Article X, Section 4
Status: in_force

No part of the principal or income of the Public School Fund, now or hereafter existing, shall be used for any other purpose than the support of free public schools. § 5. Transportation of nonpublic school students.
De. Const. art. II, § 2B — Article II / Section 2B
DE Const., Article II, Section 2B
Status: in_force

The number of delegates and the method of electing delegates to the Constitutional Convention as provided in Section 2, Article 16, shall not be effected by the addition of Representatives or Representative Districts, pursuant to Section 2A of this Article. The Representative Districts which shall elect delegates to the Constitutional Convention are as set forth in Section 2 of this Article. 53 Del. Laws, c. 425 and 54 Del. Laws, c. 1; § 3. Qualifications of members; commencement of terms of members.
De. Const. art. IV, § 31 — Article IV / Section 31
DE Const., Article IV, Section 31
Status: in_force

The Registers of Wills of the several counties shall respectively hold the Register’s Court in each County. Upon the litigation of a cause the depositions of the witnesses examined shall be taken at large in writing and made part of the proceedings in the cause. This court may issue process throughout the State. Appeals may be taken from a Register’s Court to the Court of Chancery. In cases where a Register of Wills is interested in questions concerning the probate of wills, the granting of letters of administration, or executors’ or administrators’ accounts, the cognizance thereof shall belong to the Court of Chancery. 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; § 32. Adjustment and settlement of executors’ and administrators’ accounts; notice; hearing of exceptions in Court of Chancery; transfer of jurisdiction; appeals.
De. Const. art. XVII, § 18 — Article XVII / Section 18
DE Const., Article XVII, Section 18
Status: in_force

All the laws of this State existing at the time this Constitution shall take effect, and not inconsistent with it shall remain in force, except so far as they shall be altered by future laws. § 19. Enabling legislation.
De. Const. art. IV, § 6 — Article IV / Section 6
DE Const., Article IV, Section 6
Status: in_force

Subject to the provisions of Section 5 of this Article two or more sessions of the Superior Court may at the same time be held in the same County or in different Counties. 26 Del. Laws, c. 3 and 27 Del. Laws, c. 3; 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 50 Del. Laws, c. 608 and 51 Del. Laws, c. 20; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; § 7. Jurisdiction of Superior Court.
De. Const. art. III, § 7 — Article III / Section 7
DE Const., Article III, Section 7
Status: in_force

The Governor shall, at stated times, receive for his or her services an adequate salary to be fixed by law, which shall be neither increased nor diminished during the period for which he or she shall have been elected. 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; § 8. Governor as commander-in-chief of state armed forces.
De. Const. art. XVII, § 1 — Article XVII / Section 1
DE Const., Article XVII, Section 1
Status: in_force

The President of this Convention, immediately on its adjournment, shall deliver the enrolled copy of this amended Constitution and Schedule to the Secretary of State, who shall file the same in his or her office, and the Secretary of this Convention shall cause the same to be published three times in two newspapers in each county of the State. 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; § 2. Effective date of amended Constitution.
De. Const. art. XVII, § 5 — Article XVII / Section 5
DE Const., Article XVII, Section 5
Status: in_force

The first general election under this amended Constitution shall be held on the Tuesday next after the first Monday in the month of November in the year one thousand eight hundred and ninety-eight. § 6. Effect on Governor’s term.
De. Const. art. II, § 6 — Article II / Section 6
DE Const., Article II, Section 6
Status: in_force

Whenever there shall be a vacancy in either House of the General Assembly, by reason of failure to elect, ineligibility, death, resignation or otherwise, a writ of election shall be issued by the presiding officer of the House in which the vacancy exists, or in case of necessity in such other manner as shall be provided by law; and the person thereupon chosen to fill such vacancy shall hold office for the residue of the term. And whenever there shall be such vacancy in either House, and the General Assembly is not in session, the Governor shall have power to issue a writ of election to fill such vacancy, which writ shall be executed as a writ issued by the presiding officer of either House in case of vacancy, and the person thereupon chosen to fill such vacancy shall hold office for the residue of the term. § 7. President pro tempore, Speaker and other officers; absence of presiding officers.
De. Const. art. VIII, § 4 — Article VIII / Section 4
DE Const., Article VIII, Section 4
Status: in_force

No appropriation of the public money shall be made to, nor the bonds of this State be issued or loaned to any county, municipality, or corporation, nor shall the credit of the State, by the guarantee or the endorsement of the bonds or other undertakings of any county, municipality, or corporation, be pledged otherwise than pursuant to an Act of the General Assembly, passed with the concurrence of three-fourths of all the members elected to each House. 83 Del. Laws, c. 351 and 84 Del. Laws, c. 18; § 5. Capitation tax; uniformity; use.
De. Const. art. IV, § 23 — Article IV / Section 23
DE Const., Article IV, Section 23
Status: in_force

By the death of any party, no suit in chancery or at law, where the cause of action survives, shall abate, but, until the General Assembly shall otherwise provide, suggestion of such death being entered of record, the executor or administrator of a deceased petitioner or plaintiff may prosecute the said suit; and if a respondent or defendant dies, the executor or administrator being duly serviced with a scire facias thirty (30) days before the return thereof shall be considered as a party to the suit, in the same manner as if he or she had voluntarily made himself or herself a party; and in any of those cases, the court shall pass a decree, or render judgment for or against executors or administrators as to right appertains. But where an executor or administrator of a deceased respondent or defendant becomes a party, the court upon motion shall grant such a continuance of the cause as to the judges shall appear proper. 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; § 24. Security for stay of proceedings on appeal or writ of error.
De. Const. art. X, § 1 — Article X / Section 1
DE Const., Article X, Section 1
Status: in_force

The General Assembly shall provide for the establishment and maintenance of a general and efficient system of free public schools, and may require by law that every child, not physically or mentally disabled, shall attend the public school, unless educated by other means. § 2. Annual appropriations; apportionment; use of funds; separation of schools; other expenses.
De. Const. art. VIII, § 5 — Article VIII / Section 5
DE Const., Article VIII, Section 5
Status: in_force

The General Assembly shall provide for levying and collecting a capitation tax from every citizen of the State of the age of twenty-one years or upwards; but such tax to be collected in any County shall be uniform throughout that County, and such capitation tax shall be used exclusively in the County in which it is collected. 32 Del. Laws, c. 2 and 33 Del. Laws, c. 2; § 6. Procedure in withdrawal and payment of public moneys; annual publication of receipts and expenditures; limitation upon appropriations.
De. Const. art. III, § 11 — Article III / Section 11
DE Const., Article III, Section 11
Status: in_force

No person shall be elected or appointed to an office within a county who shall not have a right to vote for a Representative in the General Assembly, and have been a resident therein one year next before his or her election or appointment, nor hold the office longer than he or she continues to reside in the county, unless herein otherwise provided. No member of Congress, nor any person holding or exercising any office under the United States, except officers usually appointed by the courts of justice respectively and attorneys-at-law, shall at the same time hold or exercise any office of profit under this State, unless herein otherwise provided. No person shall hold more than one of the following offices at the same time, to-wit: Secretary of State, Attorney-General, Insurance Commissioner, State Treasurer, Auditor of Accounts, Prothonotary, Clerk of the Peace, Register of Wills, Recorder, or Sheriff. 57 Del. Laws, c. 291 and 58 Del. Laws, c. 110; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; § 12. Commissions.
De. Const. art. II, § 8 — Article II / Section 8
DE Const., Article II, Section 8
Status: in_force

Each House shall be the judge of the elections, returns and qualifications of its own members; and a majority of all the members elected to each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and shall have power to compel the attendance of absent members, in such manner and under such penalties, as shall be deemed expedient. § 9. Rules; punishment and expulsion of members; scope of powers.
De. Const. art. XII, § 0 — Article XII / Section 0
DE Const., Article XII
Status: in_force

§ 1. State Board of Health; local boards; powers. Repealed. 69 Del. Laws, c. 385 and 70 Del. Laws, c. 115;
De. Const. art. III, § 8 — Article III / Section 8
DE Const., Article III, Section 8
Status: in_force

He or she shall be commander-in-chief of the army and navy of this State, and of the militia, except when they shall be called into the service of the United States. 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; § 9. Appointing power; recess appointments; confirmation.
De. Const. art. VIII, § 10 — Article VIII / Section 10
DE Const., Article VIII, Section 10
Status: in_force

(a) The effective rate of any tax levied or license fee imposed by the State may not be increased except pursuant to an act of the General Assembly adopted with the concurrence of three-fifths of all members of each House. ​ (b) Prior to the beginning of each fiscal year of the State, the General Assembly shall appropriate revenues of the State to pay interest on its debt to which it has pledged its faith and credit and which interest is payable in the year for which such appropriation is made and to pay the principal of such debt, payable in such year, whether at maturity or otherwise. To the extent that insufficient revenues of the State are available to pay principal of and interest on such debt when due and payable, the first public moneys of the State thereafter received shall be set aside and applied to the payment of the principal of and interest on such debt. To make up for such insufficient revenues, the General Assembly may increase the rate of taxes and fees without regard to the limitations of subsection (a) hereof after the failure to pay when due the principal of and interest on such debt. 61 Del. Laws, c. 510 and 62 Del. Laws, c. 236; § 11. Imposition or levy of new taxes or license fees.
De. Const. art. XVI, § 3 — Article XVI / Section 3
DE Const., Article XVI, Section 3
Status: in_force

The General Assembly shall provide for receiving, tallying and counting the votes for or against a Convention, and for returning to the General Assembly at its next session the state of such vote; and shall also enact all provisions necessary for giving effect to this Article. § 4. Approval of bills or resolutions under this article; exemption from Article III, section 18.
De. Const. art. XV, § 6 — Article XV / Section 6
DE Const., Article XV, Section 6
Status: in_force

All public officers shall hold their offices on condition that they behave themselves well. The Governor shall remove from office any public officer convicted of misbehavior in office or of any infamous crime. § 7. Offenses excepted from prohibition against prosecuting by information and jury trial.
De. Const. art. XIII, § 3 — Article XIII / Section 3
DE Const., Article XIII, Section 3
Status: in_force

The General Assembly shall provide necessary laws to carry out and enforce the provisions of this Article, enact laws governing the manufacture and sale of intoxicating liquors under the limitation of this Article, and provide such penalties as may be necessary to enforce the same. ​
De. Const. art. IV, § 10 — Article IV / Section 10
DE Const., Article IV, Section 10
Status: in_force

The Chancellor and the Vice-Chancellor or Vice-Chancellors shall hold the Court of Chancery. One of them, respectively, shall sit alone in that court. This court shall have all the jurisdiction and powers vested by the laws of this State in the Court of Chancery. In any cause or matter in the Court of Chancery that is initiated by an application to a Judge of that Court, the application may be made directly to the Chancellor or a Vice-Chancellor. Causes or proceedings in the Court of Chancery shall be decided, and orders or decrees therein shall be made by the Chancellor or Vice-Chancellor who hears them, respectively. 46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 50 Del. Laws, c. 608 and 51 Del. Laws, c. 20; § 11. Jurisdiction of Supreme Court.
De. Const. art. IV, § 24 — Article IV / Section 24
DE Const., Article IV, Section 24
Status: in_force

Whenever a person, not being an executor or administrator, appeals or applies to the Supreme Court for a writ of error, such appeal or writ shall be no stay of proceedings in the court below unless the appellant or plaintiff in error shall give sufficient security to be approved by the court below or by a judge of the Supreme Court that the appellant or plaintiff in error shall prosecute respectively his or her appeal or writ to effect, and pay the condemnation money and all costs, or otherwise abide the decree in appeal or the judgment in error, if he or she fail to make his or her plea good. 46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; § 25. Chief Register in Chancery: appointment; powers and duties.
De. Const. art. XVII, § 2 — Article XVII / Section 2
DE Const., Article XVII, Section 2
Status: in_force

This amended Constitution shall take effect on the tenth day of June in the year one thousand eight hundred and ninety-seven. § 3. Effect on offices of Senators and Representatives; election.
De. Const. art. XV, § 4 — Article XV / Section 4
DE Const., Article XV, Section 4
Status: in_force

No law shall extend the term of any public officer or diminish the salary or emoluments after his or her election or appointment. The term “salary or emoluments” as used herein refers to the actual salary or emoluments being provided an officer at any time during his or her tenure in office and shall not be construed to mean increases in salary or emoluments scheduled by statute for a future date and not yet received by the officer. 61 Del. Laws, c. 530 and 62 Del. Laws, c. 82; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; § 5. Officers to hold office until successors qualify.
De. Const. art. II, § 25 — Article II / Section 25
DE Const., Article II, Section 25
Status: in_force

The General Assembly may enact laws under which municipalities and the County of Sussex and the County of Kent and the County of New Castle may adopt zoning ordinances, laws or rules limiting and restricting to specified districts and regulating therein buildings and structures according to their construction and the nature and extent of their use, as well as the use to be made of land in such districts for other than agricultural purposes; and the exercise of such authority shall be deemed to be within the police power of the State. 35 Del. Laws, c. 1 and 36 Del. Laws, c. 1; 47 Del. Laws, c. 323 and 48 Del. Laws, c. 79; 54 Del. Laws, c. 368 and 55 Del. Laws, c. 7; 54 Del. Laws, c. 369 and 55 Del. Laws, c. 8;
De. Const. art. I, § 9 — Article I / Section 9
DE Const., Article I, Section 9
Status: in_force

All courts shall be open; and every person for an injury done him or her in his or her reputation, person, movable or immovable possessions, shall have remedy by the due course of law, and justice administered according to the very right of the cause and the law of the land, without sale, denial, or unreasonable delay or expense. Suits may be brought against the State, according to such regulations as shall be made by law. 60 Del. Laws, c. 519 and 61 Del. Laws, c. 80 ; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; § 10. Suspension of laws by General Assembly.
De. Const. art. IV, § 34A — Article IV / Section 34A
DE Const., Article IV, Section 34A
Status: in_force

The Chief Judge and the Judges of the Family Court and the Chief Judge and the Judges of the Court of Common Pleas in office at and immediately before the time this amended Article IV of this Constitution becomes effective shall hold their respective offices until the expiration of their terms, respectively, and shall receive the compensation provided by law. 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11; § 35. Proceedings pending at time of 1951 amendment; books, records and papers; effect of amended article on Court of Chancery. ​
De. Const. art. I, § 18 — Article I / Section 18
DE Const., Article I, Section 18
Status: in_force

No soldier shall in time of peace be quartered in any house without the consent of the owner; nor in time of war but by a civil magistrate, in manner to be prescribed by law. § 19. Hereditary distinctions; holding office during good behavior; offices and titles from foreign states.
De. Const. art. IV, § 26 — Article IV / Section 26
DE Const., Article IV, Section 26
Status: in_force

The Superior Court shall appoint a Prothonotary in each county to hold office at the pleasure of the said Court. The Prothonotary of each County shall be the Clerk of the Superior Court in and for the County in which he or she holds office. He or she may issue process, take recognizance of bail and enter judgments, according to law and the practice of the court. No judgment in one county shall bind lands or tenements in another until a testatum fieri facias being issued shall be entered of record in the office of the Prothonotary of the County wherein the lands or tenements are situated. Such Prothonotary shall perform all duties heretofore performed by the Clerk of the Peace as Clerk of the former Court of General Sessions and the former Court of Oyer and Terminer. This section shall not be interpreted to prevent the transfer of a judgment from any court of one county to the Superior Court of another county pursuant to legislation enacted by the General Assembly, nor shall it be construed to require the issuance or entry into the record of a testatum fieri facias when a judgment is transferred from a court of one county to the Superior Court of another county pursuant to legislation enacted by the General Assembly. 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 66 Del. Laws, c. 342 and 67 Del. Laws, c. 96; 70 Del. Laws, c. 593 and 71 Del. Laws, c. 30; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; § 27. Clerk of Supreme Court; term of office and compensation.
De. Const. art. IV, § 15 — Article IV / Section 15
DE Const., Article IV, Section 15
Status: in_force

The Governor shall have power to commission a judge or judges ad litem to sit in any cause in any of said Courts when by reason of legal exception to the Judges authorized to sit therein, or for other cause, there are not a sufficient number of Judges available to hold such Court. The commission in such case shall confine the office to the cause and it shall expire on the determination of the cause. The judge so appointed shall receive reasonable compensation to be fixed by the General Assembly. A Member of Congress, or any person holding or exercising an office under the United States, shall not be disqualified from being appointed a judge ad litem. 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; § 16. Scope of jurisdiction and process; costs.
De. Const. art. IV, § 32 — Article IV / Section 32
DE Const., Article IV, Section 32
Status: in_force

An executor or administrator shall file every account with the Register of Wills for the County, who shall, as soon as conveniently may be, carefully examine the particulars with the proofs thereof, in the presence of such executor or administrator, and shall adjust and settle the same according to the right of the matter and the law of the land; which account so settled shall remain in his or her office for inspection; and the executor, or administrator, shall within three (3) months after such settlement give notice in writing to all persons entitled to shares of the estate, or to their guardians, respectively, if residing within the State, that the account is lodged in the said office for inspection. Exceptions may be made by persons concerned to both sides of every such account, either denying the justice of the allowances made to the accountant or alleging further charges against ​ him or her; and the exceptions shall be heard in the Court of Chancery for the County; and thereupon the account shall be adjusted and settled according to the right of the matter and the law of the land. The General Assembly shall have power to transfer to the Court of Chancery all or a part of the jurisdiction by this Constitution vested in the Register of Wills and to vest in the Court of Chancery all or a part of such jurisdiction and to provide for appeals from that Court exercising such jurisdiction. 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; § 33. Style of process and public acts; prosecutions in name of State.