Smyrna times., 1884-09-24
CHAPTER III.


An Act proposing Amendments to Article VI Of
the constitution Of this State.
BE 1t enacted by the senate and House of Renra-
SenativeS OF the state Of Delaware in General
Assembly met, twOthirdS of each house deem
ing u necessary and cOncurriug herein and bv
and with the appreciation of the Governor.
SECTION /. That the following amendments he
ana the same are hereby proposed to Article VI
OF the Constitution of this state to wit:
strike ont Section of said article and insert
the following in lieu thereof:
There ShGll be five Judges in the State ,ybo
shall be appointed for twelve years and NAV ba
reSppOlnted for any number of like terms One
OF them shall be Chancellor and another Chier
JuSllce, VINO may respectively be appointed from
ana reside IN any part of the state The Other
judges shall be Associate Judges who rnov 10
e takeh rom any part OF the State, but after APP
pointment each shall reside. during his term In
the county for which he is appointed Tho nor
son IN otee at the time Of the ratification bpFeor
IOlu thelr several offices without reappoint
meht lor the term OF twelve years thereafter and
the Associate Judge then residing i'm ann, county
snail be the resident judge of that county within
the meaning of this amendment
The General Assembly shall have mower with
utT concurrence OF twothirds of all the members
OF bolh houses to establish a court of law and of
record III the City of Wilmington aud 10 confer
such jurisdiction civil and criminal. as If may
deem proper, except OF felOniouS homicide eni
0lner capital teionieS; and in case of the estab-
llshment of such court Il Judge thereof shall Ia
appointed by the Governor for the like fern os
the judges herein mentioned. to reside durino
ms term IN the said city, and with such cOnpen-
]
eral Assembly may provide for the nppointment
OF such officers as may be ncedfll for surb oOnrt
ana for the regulation of process issuing there
from, and for granting writS of error from,
the Court of Errors and Appeals 10 deter
mine matters of error in its judgements and Dro
eeedlngS OF the privilege of appeal to the Supe-
rlor court III cVll cases or to the Court of Cen
eral Sessions of the Peace and Jail DELIVERY in
criminal matters, and generally NAV provide for
m OIner th!mgs rendered necessary by the estab
Amend Section of said article by striking ont
all the hrSt paragraph to the word business - in
eiuslVe ana inserting the following in lieu there
The Superior Court in each county shall con.
slst OF the Associate Judge. residing in that conn
W lie snail mold court therein during such terms
as may be provided by law but moi fevrer fbon 90,
TWO terms during each year, and NAV make ali
rules for eXpeditng business" '''
Amend Section of said article NV stril,;,, ,
the hrSl three periods to the word "cOurt " i cI,
slVe ana inserting the following in lieu thereof
The Court of General Sessions oe e.. n.
ana jan delivery shall be composed in cSc6
SCuuly IN tne same manner as in the Superinr
SOHtt' 4tt', Us terms snail be such as may be nre
Serloeu oy Jaw. but not fewer than two terms 81T
q, Amend Section Of said article by striking ont
iye 3',ec pSrlouS 10 the word court inclu
to wit: ." nc" 'hereoi'
:, hS Ihe Court of oyer and Terminer shall consis,
III each county of the resident iudge theracc,
Ais9 Nlhehu said section by strikinO ont tbo 1os,
herou thereof and inserting the foi0vin i Ii iSS.
thereot, To wit. "'''e al ASu
10 Judge IN any of the courts of tbis sto+o
9'l @ Su1tee JnrieS with respect to matters ~ foo,
SioGal Siial o.'iy declare the law In All cenjtSi
S,Ullc9 allu M such other criminal eases as tba
n rStS'aa NJ assembly shall provide. the accusad
Ticbt ~ tS"nrlvuon i ana sentence, shall have Inc
ES ESnI 70 Mrlt OF error, to be issued ouf or tLo
GSOvIt NV OF Errors and Appeals as i'm other cosS
Uut Such writ shall be made rat,,rnoiit , S"sSS'
M 0.t ScSStoh OF said court To be held alter e,,oS
acutSHSe ana Shall have priority in ssi5 o',S,
HNcr al causes of civil nature and SbsGi ~ :
ni1 Z auu uelermined at said session unless tbo
s1H'H court cause shown, shall deem ina eNbs,a,
ii i g"NaJe requires IFS continuance In case sn,,
SuHIse, whose % duty II shall be to hold the seiS
ppo ppol'or Soutt Court of General Sessions ~ ~
TTeaCe ana Jail Delivery or Court Of Oser " WY 1
ieImlner, shall be unable or disonsli6aS a.lSl
I SvtSs. OF otnerwiSe TO sit at any term or in ~
tI tne Ohlel Justice shall sit in his staod ~
S, u the Judge, the clerk of eifbero tba
ON,ar 60 ~ n, Onancery, Superior Court Court M
15ahu 15e1 ahu lerminer, Court of General Sess;ne, y,
tllS reaee and Jail Delivery and Ornhsnssi Ss
sa1S, a1S, upon his order, open and adio1rS ~
t amend Ss, Section Of said article by striking on,
sive ana issI,aph 70 the word absence ineln.
70 wit: w 'O''""AilS IN lieu thereof
tle Court Of Errors and ApDeals shah hovs
Ct zion 70 issue writs OF error 10 tie S,,neri
Ssl., Soutt on oyer and TermiDer ana Stt,,rt -
S SnH'at ~ az sessions OF the Peace and mil nelisS
s,,,,tS ~, Sases where such writ is given bv tbis 60
sS Sttoil 9t prescribed by the General AseerS M.
W4 W uhlefmlne finally all matters l., erro ~
ana i1st'snlens ~ sens ana proceedings Of said conris
cerv orS ,sSesNe appeals nom the Court Of Cben.
sn6ss,ois s'u ~ 20 determine finally an matters N
"pteais N the interlocutory or iinei deersss a.