Daily Republican., 1884-08-22
CHAPTER III.

An Act proposing Amendments to Al
ticle vi. of the Constitution of thi
| State
BE 1t enacted by the Senate and House O
. Representatives of the State OF Della
ware In General Assembly met, (twO
thirds of each house deeming 1t neces
sary and concurring therein, and BY ant
with the appreciation OF the GoYernor)
SECTION l. 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, ant
insert the following in lieu thereof
There shall be five judges In the State
who shall be appointed for twelve year.
aud may be appointed for any like number
of terms. One of them shall be Chancel
lor and another Chief Justice, who ma,
respectively be appointed 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 appointment each shall reside
during his term, in the county for which
he is appointed. The persons In office al
the time of the ratification hereof shall
hold their several offices without reap
Ipointment for the term of twelve wears
; anu Tue Associate JuUEt tneU
residing In any county shall be theresideni
Judge of that county within the meaning
OF this amendment.
The General Assembly shall have the
power, with the concurrence of two-thirds
of all the members of both houses, to es-
tablish court of law and of record ia the
City OF Wilmington, and to consider such
Jurisdiction, civil aud criminal, as it NAV
deem proper, except of ielonious homicide
and other capital felonies and in case OF
the establishment of such court, a Judge
therefore shall be appointed by the Gov.
ernor Tor tie like term ms the judges here
In mentioned, to reside during his term iu
the said city, and with such compensation.
AS may be provided by law and the Gen
eral Assembly may provide for the ap.
poin'ment OF such officers as may be need
III Tor such court, aud for the regulation
Ioi process Issuing therefrom, ard for
Igranting Writs Of error from the Court of
Errors ard Appeals 10 deter mine matters
oil error in its judgments and proceedings
or tie privilege al appeal to the Superior
lCourt IN ciyii 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 rem
ed necessary ly the establishment OF such
tcoprt."
Amend Section 3 Of said article by
striking out ali The first paragra ph to the
word Cuisines " inclusive, ana inserting
the following h lieu thereof, to wit:
| The superior Court IN each county
shall consist ii the Associate Judge, re-
siding IN That county. He shall hold
court tbcirin during such terms n. may
be prov dot by law, but not fewer than
two tefnt during cart, year, and nav
make all rulrs for expodiLirg business. .
Amend Section i Of said article by
striking out tho first three periods to The
word "couitP inclusive, and inserting
the following u lieu thereof, to wit
The Court OF General Sessions OF the
Peace and jail q livery shall be compos.
ed in each county in the same manner As
IN the superior tou,t. Its terms shall
be such as may tc prescribed by law, but
not fewer ttan two terms during eacnI
year"
Amend Section = 81 said article by s,rik-
Ing out the frs three periods TO the word
court inclusive, and inserting the iol.
lowing In Ecu thereof, u viz:
I" The Court of Oyer and Ttrminer shs Il
consist In each county OF The resident
Judge thereof"
out the 'esi period thereof and inserting
the following ia a.u thereof, TO wit
" No judge in any Of the courts OF this
state shall charge jurics with respect to
matters of fact, but shall only declaie
| the law. In all capital felonies, and IN
such other erin mai caste as the General
Assembly 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 retl rnabie to the next session Of
said court 10 be held after such sentence,
land shall have priority in said court oyer
iall causes of civil nature and shall be
heard aud determined at said session, un-
less the sal. court, cause shown, shall
ldeem that substantial justice requires It's
continuance. la case any Judge whose
lduty IL shall be to hold the said superior
f Court, Court ri General Sessions of the
(: Peace and JAN Delivery or Court Of Over
J lard Ternirer shsl4 be unable or disqual.
tfed through interest Or otherwise 10 sit at
, any tenn on III any cause, the Chief Jus
! ltice shall sir IN his stead. In the absence
i6f The judge, tie clerk Of either of the
; Courts Of .urcry Supcl'3- Court Court
lof Oyer nd Terninef, Court ef General
sessions oil the iacace and Jail Delivery
and Orphans Court, may,upcn ms order,
t open and adjourn The same"
r Amend ~ ton Z ef said article by
: striking CIT The first paragraph to The
' word Absence" inclusive, and inserting
. the following in liau thereof, to Wit:
: "The Count Of Errors ard ppeals
! shall have jurisdiction to issue writs OF
error to the superior Court, Court OF
a Oyer and Terminer, and Court of General
e Sessions g.. the Peace and Jail Delivery In
t ali cases where such writ is given by this
: !ConsttItion or prescribed by the General
D Assembly, ana 70 determine finally all
matters IN eriCr In the Judgments and
e lrroceedings Of said courts, and to recei re
lappeals from the Court of Chancery, and
! 70 determine finally all matters of appeal
in the interic :utoiy or final DEGREES and
g proceedings in charcery. The Court ol
t Errors and Appeals upon writ of error
= shall consist OF the Chancellor, the Chief
, Justice and the Associate Judges who did
: not sit in he court below. II the rcsdcn,
e Judge who ought 10 have tried the cause
= below did not there sit he shall sit in the
: said cause in the Court OF Errors and Ap
e peals, unless there be legal exception to
him. Ii the Chief Justice sat in tho
C cause below, he shall rot sit In such
= cauee In the Court OF Errors and Appeals
! Upon d 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 abse-t or diaquali.
l. fled, the Senior associate present shall
n lpreslde. Upon appeal from the Court OF
II Chancery, the Court of Errors ana APP
n lDeals shall consist If the Chief L sfip,