Smyrna times., 1884-09-17
CHAPTER III

""INA'iENI TO TIE CONSTITUTION PROPOSED
All Act proposing Amendments to Article VI nj
the Constitution of this State " VI
DC IL enacted by the senate and House of po,..
SeutatiVeS e OF the state Of Delaware in Genera
Assembly met (twO-thirdS Of each bouse j,o,r'
| lls II necessary and cOnCurring herein ANA b,
ST'1r1n, ~ '''T SppfoOat9n OF the Governor:
| .loN l. lhdt the following amendments bo
eTI n lNS same are hereby proposed to Arficia vi
o' Gtr;,o sG constitution ofthis state, to wit: l.
! oIIke out Section of said articie o,,.7 ;,,..
! the following i'm lieu thereof. Wv GNU insert
| mere snail be five Judges in thp Sto+o ,,.,
@ sna! 9e appointed for twelve years and Ino, no
! LSaPPOIhteu iur any number Of like terms ~
! OF them shall be Chancellor and enC5bnr ~ E!Ie %
Justlee, VINO may respectively be apDointal e.
an Man1 reside IN any part of the Stale The otbn.
Judges snail be Associate Judges who r,o,' ~
! TAKEN from any part of the Stnfe bnt ,ft! o! De
Polntment each shall reside during his tr,, ~ r.
@ sne eounIy Tor which he is appointed The nr ~
son IN once at the time of the rati6cotinr
snail hold their several offices withont ,,leoi
mellt lor lhe term Of twelve wears thero ,rt ,
@ we ASSaoeiate Judge then residing in anv cnnniy
snail DC the resident judge of that connty yi,tfS
the meaning of this amendment '' "''IlH
Inc General Assembly shall have ,,o,,,,- ,,,;.t
1tG CO.. @1HGuIiehce OF two thirds of ali tie members
OF Ooth houses, TO establish a court of G,, ~ SeIS
record ln the City of Wilmington ana r., 't'N c vi
Such jurisdiction civil and criminal as IL 0r,iS. @
,i oTiSrl proper except OF ielOniOuS homicide and
0lner capital telonies; and in case of Tho o,tb
HShlnent Of such court Judge fherenf SboIi ~,
appointed by the Governor for the like form, az
~ tJr,5 IctclN mentioned, To reside, during
IL
Satlou as may he provided by law: and tba Ee,,
eIuI Assembly may provide for the appnjntr,o,'t
oi m SuCn 3Hlcers as may be needfu for such conrt
ellu luI tlS regulation OF process issuing there
from ana for granting writs of error FroU,
the Court OF Errors and Appeals To daterl d
mine matters OF error in its Indictment o,,5 -
ceedingS or the privilege of apneoi to -, pIo
ror Court i'll civil cases, or to the Courf of Go
eral sessions of the Peace and Jail Delivery in
iii tI i&..etS t;S Anu generally may provide for
liShment of such court" - 'N0 cs'"O-
:, Amend me Section Of said article by striking ont
aiI tle hISt paragraph to the word business - in
ciuslve ana inserting the following in lien tbera
Of 10 wit: -'' ''N" 'iieIe-
The Superior Court in each county shall oo,,
slst OF the Associate Judge residing in thar conn
w. He shall hold court therein duTno sncb tolt
as may be provided by law but moi fe,ver tL, ,ia,s
r, IN iis UljmF each year, ana may make ali
IuieS LOT eXpeditng business"
=, amend Section of said article by striking opt
the iirsi three periods to the word tcour - S'
t t1'S' ~ @u inserting The following in lieu thereof
The Court of General Sessions of the Peaoo
lnu Jan delivery shall be composed i'm each
county IN the same manner as in the Snncrior
Court. It's terms shall be sucb as nCo,S SJiLeLlo4 iL4
serioed M by law, but not fewer than two terms duT
amend Section of said article by strikinr out
ne hrst three periods 10 the word "cour, =" IT, ci
~ lVS, ana inserting the following in lieu thereof
The Court OF Oyer and Termi,,or s,,,,, ,,.,-.
n each county of the resident Judge thereof"
Also amend said section by Striking out he Loot
Ir 'ieLeu' una inserting the following i'm lien
no Judge in any of the courts of this Stato
ti M SnHrse hIles with respect TO matters of fact
elouleS ana IN such other criminal cases Ss tLc ,
'eherai Assembly shall provide the accnsed r
itSI convection and sentence shall have tbo !
isht 10 Wrlt OF error, 20 be issued ont of tLo ,
.OurL ot Errors and Appeals as i'm other eases /
uC Sueh writ shall be made returnahle IN the :
eNt session OF said court to be held nftor Snc6 4
shtehcS Anu shall have priority in said conrt | 4
wei Vet "i causes OF civil nature and shall be | \
eaIu ana determined at said session unless tie | \
Nd court cause shown shall deem tbS. snbs,,' s,o
~ justice requires its continuance In ease Snv
luse. whose duty 1t shall be to hold the saiS >,
uperlor Court Court of General Sessions ~ tbo X
eAce ana jail Delivery or Court of Over ana | III
ermlner shall be unable or disqualified fhrou@6 Il
lteIest OF Otherwse to sit at any term or In eSV n
iuse, the Ohiet Justice shall sit in his stead IL Il
le Hosehce OF the judge the clerk of either the
,,l 0ulls 9l m Chanceryi superior Court Court Of n
yer anu lermlner, Court Of General SeSSionS of q,
le Peace and Jail Delivery and 6rnbans' Cn,,rt - -
ay, upon his order, open aud adjourn tbe n
Amend Section Of said article bv STRIKING. nm, =,
e hrst paragraph 10 the word absence . iScI,, ~ ~
Ve ana inserting the following in lien thereof II
9 The Court Of Errors and Appeals shall have y
IisQleuOn 70 issue wrts Of error to the Superor m
,II5 S9qrt @ oI oyer and Terminer, and Court of W
suSral sessions OF the Peace and Jail Deliverv r
az M cases where such writ is given by this Con p
lqtlon or prescribed by the General Assemble To
u 70 determine finally all matters ia error n nj
e Judgments and proceedings Of said eonrts Il
~ 70 receive appeals frOm the Court Of Chan. II
rys ana 70 determine finally an matters ~ =
Peais IN the interlocutory or final DEGREES and