Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-05-27

section ~. No writ of error shall be
brought upon any Judgment heretofore
confessed, entered or rendered, or upon
any Judgment hereafter TO he confessed,
entered or rendered, but within five years
altef me confessing, entering or rendering
thercof. unless the person entitled to such
writ be an infant, fene covert, non com
pos mentis or prisoner, and then within
ave years exclusive of the time of such
disability,
Section ~. The prothonotary of the
superior Court may issue process. take
rccognizances.o bail and enter judgments,
according to law and the practice of the
court No Judgment in one county shall
bind lands or tenements in another, until
testatum .feri facias being issued. shall
be entered Of record in the Office of the
parliamentary of the county wherein the
lands or tenements are situate.
Section 80. The General Assembly may
by law give to any inferior courts by them
established or TO be established. or to one
or more Justices of the Peace, jurisdiction
OF the criminal matters following, that is
to say: assaults and batteries. keeping
without license public house of enter
tainuent, tavern, inn, ale house, ordinary
or, yictulating house, retailing or selling
without license, or on Sunday, or to min
ors. wine, rum, brandy, gin, whiskey, or
spurious ar mixed liquors, contrary to
law, carrying concealed a deadly weapon,
disturbing meetings held for the purpose
Of religious worship, nuisanccs, and such
other misdcmeanors as the General As
scmbly may from time to time, with the
concurrence of two-thirds of all the menu
bers elected to each House, prescribe.
The General Assembly may by law
regulate this jurisdiction, and provide that
the proceedings shall be with or without
indictment by grand jury, or trial by petit
jury, and may grant or deny the privilege
of appeal to the Court of General SEES
sions; provided, however. that there shall
be an appeal to the Court of General Ses-
sions in all cases in which the sentence
shall be imprisonment exceeding one
month, or fine exceeding one hundred
dollars.
Section 81. There shall be appointed. as
hereinafter provided, such number of per-
sons TO the office of Justice of the Peace
as shall be directed by law, who shall be
commissioned for four years.
Section 81. Justices of the Peace and
the judges of such courts as the General
Assembly may establish pursuant to the
provisions of Section / or Section 80 of
this Article shall be appointed by the Gov
ernor, by and with the consent of a ma
jority of all the members elected to the
Senate, for such terms as shall be fixed
by this Constitution or by law.
Section 33. The Registers of Wills of
the several counties shall respectively hold
the Registers Court in each county. Upon
the litigation of cause the dispositions of
the witnesses examined shall be taken at
large in writing and make part of the pro-
ceedings in the cause. This court may
issue process throughout the State. APP
peals may be taken from a Registers
Court to the Superior Court, whose de-
cision shall be final. In cases where a
Register of Wills is interested in questions
concerning the probate of wills, the grant
Ing of letters of administration, or execu-
tors or administrators accounts, the
cognizapce thereof shall belong to the Or
phans' Court, with an appeal to the Su-
perior Court, whose decision shall be final.
Section "a. An executor, or administra-
tor, shall file every account with the Reg
lister of Wills for the county, who shall,
as soon as conveniently may be. carefully
examine the particulars with the proofs
thereof, in the presence of such executor,
or administrator, and shall adjust and
settle the same according to the right of
the matter and the law of the land; which
account sofsettled shall remain in his
ofiice for inspection; and the executor. or
administrator, shall within three mo-.hs
after such settlement give notice in writ
ing to MI persons entitled to shares of the
estate, or TO their guardians, respectively,
II residing within the State, that the ac-
count Is lodged in the said office for in
spcction,
Exceptions may he made by persons
CONCERNED to both sides of every such ac-
count, either denying the justice Of the al
lowances made TO the accountant or al
leging further charges against him; and
the exceptions shall be heard in the Or
phans' Court for the county; and there
upon the account shall be adjusted and
settled according to the right of the mat
ter and law of the land.
Section 30. The style in all process and
public acts shall be THE STATE OF
DELAWARE. Prosecutions shall be
carried on in the name of the State.
trw ARTICLE v--ELEcTIoNs.
Section /. The general election shall he
held biennially on the Tuesday next after
the first Monday in the month of Novem-
Der, and shall he by ballot but the GEN
eral Assembly may by law prescribe the
means, methods and instruments of voting
so as hest to secure secrecy and the indie
pendence of the voter, preserve the free
dom and purity of elections and prevent
fraud, corruption and intimidation thereat.
Section ,. Every male citizen of this
State of the age of twenty-one years who
shall have been n resident thereof one
year next preceding an election, and for
the last three months a resident of the
county, and for the last thirty days n
resident of the hundred or election dis
trict in which he may offer to vote, and
in which he shall have been duly regis
tered as hereinafter provided for. shall
be entitled to vote at such election in the
hundred or election district of which he
shall at the time be resident. and in
which he shall be registered. for all off
GERS that now are or hereafter may be
elected by the people and upon all ques-
tons which may he submitted to the vote
of the people: provided, however. that no
person who shall attain the age of twenty
one years after the first day of January,
in the year of our Lord nineteen hundred,
or after that date shall become a citizen
of the United States, shall have the right
to vote unless he shall be able to read this
Constitution in the English language and
write his name; but these requirements
shall not apply to any person who by rea-
son of physical disability shall be unable
to comply Herewith: and provided also,
that M nersnn in the military naval mr.