Daily Republican., 1884-08-28
CHAPTER TIT.


State.
BE 1t enacted by the Senate and House {
Representatives of the State of Della
ware In General Assembly met, 1.-TWO
thirds of each house deeming it neces
sary aud concurring therein, and by an,
with the appreciation of the Governor)
SECTION j. That the following amend
ments be and the same are hereby pro
posed to Article vi, of the Constitution
of this State, to wit
Strike out Section 2 of said article, ant
insert the following In lieu thereof
There shall be five judges In the State
who shall be appointed for twelve year
and may be appointed for any like numbe
of terms. One of them shall be Chancel
Tor and another Chief Justice, who ma,
respectively be appointed from and reside
In any part of the State. The othel
judges shall be Associate Judges, who
may be taken from any part of the State
but after appointment each shall reside
| during his term, in the county for which
be is appointed. The persons in office al
| the time of the ratification hereof shall
hold their several offices without reap
pontment for the term OF twelve years
| thereafter, and the Associate Judge then
| residing in any county shall be theresideat
Judge of that county within the meaning
of this amendment.
The General Assembly shall have the
power, with the concurrence oftgo- thirds
Of all the members of both houses, to rs-
tablish a court of law and of record in the
CITY OF Wilmington, and to consider such
Jurisdiction, civil and criminal, as j. NAV
deem proper, except of felonious honici ie
and other capital fclonies and in case of
the establishment of such court, q Judge
therefore shall be appointed by the Gov
ernor for the like term as the judges here
in mentioned, to reside during his term in
the said city, and with such compensation
as may be provided by law and the Gen
eral Assembly may provide for the ap
pointment of such officers as may be need
ful for such court, and for the regulation
OF process issuing therefrom, and for
granting writs of error from the Court of
Errors and Appeals to determine matters
of error In its judgments and proceedings
or the privilege of appeal to the Superior
Court in civil cases, or to the Court of
General Sessions of the Peace and Jail
Delivery in criminal matters, and gener-
ally may provide for all other things ren-
ed necessary by the establishment of such
court"
Amend Section 3 of said article BY
striking out all the first paragraph to the
word business inclusive, and inserting
the following In lieu thereof, 10 wit
The Superior Court In each county
shall consist Of the Associate Judge, re-
siding in that county. He shall hold
court therein during such terms as nay
be provided by law, but not fewer than
two terms during each year, and NAV
make all rules for expediting business"
Amend Section of said article by
striking out the first three periods TO the
word "court inclusive, and inserting
the following in lieu thereof, to wit
The Court of General Sessions of the
Peace and Jail Delivery shall be compos-
ed in each county in the same manner as
in the Superior Court. Its terms shall
be such as may be prescribed by law, but
not fewer than two terms during each
year."
Amend Section of said article by strik
ing out the first three periods to the word
" court inclusive, and inserting the fol-
lowing in lieu thereof, to wit
" The Court of Oyer and Terminer shall
consist in each county OF the resident
judge thereof"
Also amend said Section by striking
out the last period thereof and inserting
the following in lieu thereof, to wit
No judge In any of the courts of this
State shall charge juries with respect to
matters OF fact, but shall only declare
the law. In all capital felonics, and In
such other criminal cases as the General
Assembly shall provide, the accused,
after conviction and sentence, shall have
the right to a writ of error, to be issued
out of the Court of Errors aud Appeals, |
as in other cases, but such writ shall be
made returnable to the next session of
said court to be held after such sentence,
and sball have priority in said court over
all causes of civil nature and shall be |
heard and determined at said session, I'M
less the said court, cause shown, shall |
deem that substantial justice requires its
continuance. 10 case any judge whose |
duty it shall be to hold the said Superior
Court, Court of General Sessions of the |
Peace and Jail Delivery or Court of Over
and Termiher, shall be unable or disquali- |
fled through interest or otherwise to sit at /
any term or in auy cause, the Chief JUS /
tice shall sit in his stead. In the absence /
of the judge, the clerk of either of the |
Courts OF Chancery, Superior Court, Court
OF Oyer and Terminer, Court of General |
Sessions of the Peace and Jail Delivery |
and Orphans Court, may upon his order,
open and adjourn the same"
Amend Section of said article by
striking out the first paragraph II the |
word absence, inclusive, AMI asserting |
the following in lieu thereof, to .,a.
"The Court of Errors and a pycais |
shall have Jurisdiction to issue writs of |
error to the Superior Court, Court of
Oyer and Terminer, and Court of General |
Sessions of the Peace and Jail Delivery in /
all cases where such writ is given by this |
Constitution or prescribed by the General |
ASspmbIv ana tn datarnipa f1allx, II L
matters in error In the judgments and
proceedings of said courts, and to receive
appeals from the Court of Chancery, and
to determine finally all matters of appeal
in the interlocutory or final DEGREES and
In char Gerry. The Court of
Errors and Appeals upon a writ of error
shall consist of the Chancellor, the ChiefI
} Justice and the Associate Judges who did |
not sit in the court below. If the resident
judge who ought to have tried the cause
below did not there sit, he shall sit in the
said cause in the Court of Errors and AID
peals, unless there be legal exception to
him. IT the Chief Justice sat in the
cause below, he shall not sit in such
cause In the Court of Errors and Appeals. |
Upon writ of error the Chancellor shall |
preside, but in case of his absence or dis |
qualification the Chief Justice shall pre-
side, or should he be absent or disquali-
fled, the senior associate present shall |
preside. Upon appeal from the Court OF |
Chancery, the Court of Errors and Ap-
peals thall consist of the Chief Justice |
and Associate Judges. The Chief Justice
shall preside, but In case he be absent or
disqualified, the senior associate shall pre-
side. Any three of them shall he quo
rum, either upon writ of error or ap-
peal"