The Delaware ledger. (Newark, Del.) 1879-19??, 1884-09-27
CHAPTER III.
AMENDMENT TO THE CONSTITUTION
PROPOSED,

CHAPTER III.
AMENDMENT TO THE CONSTITUTION
PROPOSED.
An Act proposing Amendments to Arti-
Gle vi Of the Constitution of this State.
Be il enacted by the Senate and House
of REPRESENTATIVES. of the State of
Delaware in General Assembly met,
(two-thirds of each house deeming it
necessary and concurring herein, and
by and with the appreciation of the
Governor0
SECTION /. 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 of said article and
insert the following in lieu thereof
"There shall be five judges in the
State, who shall be appointed for twelve
years and may be reappointed for any
number of like terms. One of them
shall be Chancellor and another Chief
Justice, who may respectively be APP
pointed from and reside in any part of
the State. The other judges shall be
Associate Judges, who may be taken
from any part of the State, but after ap-
pointment each shall reside, during his
term, IN the county for which he is APP
pointed. The persons in office ut the
time of the ratification hereof shall hold
their several offices without reappoint-
ment for the term of twelve years there
after, and the Associate Judge then re-
siding in any county shall be the resident
Judge of that county within the meaning
of this amendment.
"The General Assembly shall have
power, with the concurrence of two
thirds of all the members of both houses
to establish court of law and of record
in the city of Wilmington, and to con-
fer such jurisdiction, civil and criminal,
as it may deem proper, except of felon-
ious homicide and other capital felonies,
and in case of the establishment of such
court, Judge thereof shall be appointed
by the Governor for the like term as the
judges herein mentioned, TO reside, dur
ing his term in the said city, and with
such compensation as may be provided
by law: and the General Assembly may
provide for the appointment of such Off
GERS as may be needful for such court,
and for the regulation of process issuing
thercfrom, and for granting writs of error
from the Court of Errors and Appeals to
determine matters of error in its judg-
llCuLS duu VI
of appeal to the Superior Court in civil
cases, or to the Court of General Sessions
of the Peace and Jail Delivery in crimi-
nal matters, and generally may provide
for all other things rendered 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 to 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 may
be provided by law, but not fewer than
two terms during each year, and may
make all rules for expediting business"
Amend Section 4 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 aud Jail Delivery shall be composed
in each county in the same manner as is
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 q 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 Oyer and Terminer
shall consist in each county of the resi-
dent 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 felOnies, and in such
other criminal cases as the General As
sembly shall provide, the accused, after
conviction and sentence, shall have the
| right to writ of error, to be issued out
of the Court of Errors and 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
shall have priority in said court over all
causes of a civil nature, and shall be
heard and determined at said session,
unless the said court, cause shown, shall
deem that substantial Justice requires its
continuance. In case any judge whose
duty il shall be to hold the said Superior
Court, Court of General Sessions of the
Peace and Jail Delivery, or Court of
Oyer and Terminer, shall be unable, or
disqualified through interest or other
wise, to sit at any term or in any cause,
the Chief Justice shall sit in his stead.
In the absence of the judge, the clerk of
either the Court 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 Z of said article by
striking out the first paragraph to the
word ''absence" inclusive, and inserting
the following in lieu thereof, to wit:
''The Court of Errors and Appeals
shall have jurisdiction to issue writs of
error to the Superior Court, Court OF
Oyer and Terminer, and Court of Gen.
eral Sessions of the Peace and Jail De-
livery in cases where such writ is given
by this Constitution or prescribed by the
General Assembly, and to determine finally
all matters in error in the Judgment and
proceedings OF said courts, and 10 receive
appeals from the Court of Chancery, and
to determine finally all matters of appeal
in the interlocutory or final DEGREES and
proceedings in chancery. The Court of
Errors and Appeals upon a writ of error
shall consist of the Chancellor, the Chief
Justice and the Associate Judges who
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 Appeals, unless there be
legal exception to HIM. If the Chief
Justice sat in the cause below, he shall
not sit in such cause in the Court of
Errors and Appeals. Upon a writ of
error the Chancellor shall preside, but in
case OF his absence or disqualification the
Chief Justice shall preside, or should he
be absent or disqualified, the senior as
sociate present shall preside. Upou ap-
peal from the Court of Chancery, the
Court of Errors and Appeals shall consist
of the Chief Justice and the Associate
Judges. The Chief Justice shall preside,
but in case he be absent or disqualified