Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-01-28
CONSTITUTIONAL CONVENTION
Continued from ,hlra pare.l

the county in which he was sentenced; and
a certified copy of the appeal bond shall be
the sufficient warrant for such surety or
sureties for such taking and rendering. If
the Court of Errors and Appeals shall re-
verse any judgment of the court below i'm
posing a fine, and if the accused shall have
fully paid such fine and the costs of prose-
cutioD, the amount thereof shall be refunded
to the appellant through warrant drawn
by the court below on the treasurer of the
county in which the accused was sentenced.
All the judges entitled to sit in the Court of
Errors and Appeals shall as soon as con-
veniently may be meet at the usual place of
sitting of said court. and they Or majority
| of them shall adopt rules prescribing the
| forms and conditions of appeal bonds to be
used under the provisions of this section,
and the manner of certifying copies thereof;
drovidiDg for the printing or reduction to
| writing of all oral eqidence in the cause OF
the court below and of the opinion of said
| court, for the certiication of the same when
| so printed or reduced to writing and of
| copies thereof. for the copying and certi6ca-
ton of all documentary or other written or
| printed evidence in the cause in the court
| below and of the record therein; for the
\ transmission to the Court of Errors and APP
| peals of such certified copies of such record,
and of all the evidence adduced IN the court
below and of the opinion of said court; for
| the transmission to the court below of GER
titled copy of the final Judgment of the
| Court of Errors and Appeals and of any adj
| ditional sentence pronounced by said court,
for the discharge of sureties IN appeal bonds,
and for the framing, issuance, service and
| enforcement of all process and rules neces-
sary to give full effect to the provisions of
this section; and regulating generally the
| practice and procedure of the Court OF
Errors and Appeals and the court below in
cases of appeal under this section. The said
| judges, or majority Of them, met as afore-
.lt lnkx YxIatta IN
| shall be made in due form, prescribed by
them, to any judge, entitled to sit in the
| Court of Errors and Appeals. that any
offence mentioned in section of this article
has been committed in the county in which
such judge shall reside such judge shall
| have power to cause the person charged with
| such offence to be arrested within any county
of this State and brought before him, and
to bind him with sufficient surety, or for
want of bail commit him for his appearance
and answer at the next term of the Court of
General Sessions. in such manner and under
and pursuant to such rules and regulations
as the said Judges or a majority OF them
shall prescribe. From time to time here
after whenever majority of all the judges
entitled to sit in the Court of Errors and
Appeals shall so request, all Of the judges so
entitled shall as soon as conveniently may
be meet at the usual place Of sitting of SAID
court; and they or a majority oil them shall
have power to revise, amend add to or
annul any rule or rules heretofore adopted
touching forms, practice or procedure i'll
cases of appeal under this section. or arrest
and binding, or commitment for appear
ance and answer. in such manner and to
such extent as in their judgment shall best
serve to effectuate the purposes hereof. Nc
person shall be adjudged guilty of any
offence mentioned in section of this article
without the concurrence of all of the judges
trying the case; and upon appeal no jndg.
ment of the court below shall be affirmed
without the concurrence of all of the judges
of the Court of Errors and Appeals sitting
in the case, and this failure to concur as
aforesaid shall operate as reversal of the
Judgment Of the court below; provided
however, that such concurrence of the
judges sitting in the Court of Errors and
Appeals shall not be necessary for the
below, where the appellant shall fail tt
prosecute his appeal pursuant to the rule:
and practices herein provided for.
Sec, 8. The enumeration of the offence!
mentioned in section l, of this article, shall
| not preclude the General Assembly from de
timing and providing for the punishment o.
: other offences against the freedom art
purity OF the ballot or touching the conduct
returns or ascertainment of the result o
general, special or municipal elections or o
, primary elections, conventions or meeting
held for the nomination of candidates to b.
elections. No prosecution under any act o.
the General Assembly passed pursuant Il
this section shall be subject to the provisions
, of section . of this article.
Five hundred copies we're ordered
, printed, with the idea that othel
! amendments may be made
Adjournment was made until 10. 81
O'Clock Tuesday morning.
l
, Dover, Jan. 27.--Rev. W. l.. S. Muir
ray OF Wilmington OBLIGATED as chap
! lain OF the convention yesterday. Thl
reverend gentleman seemed to be il
demand. for no sooner mad he con
cluded his prayer than he was waiter
upon by Chaplain Vincent of the Hous
and invited to otliciato 10 the other emf
of the building also.
The first business transacted was tn
presentation and reading of the repor
of the committee OH corporations b,
, DIR. Pratt. Tho report was as follows
REPORT OF THE COMMITTEE ON CORPORATIONS
The Committee on Corporations recon-
mend the following amendments to tn
Constitution:
Strike out all of sec. II of article II and in
seIt in lieu thereof the following:
Sec. /. The term corporations as used il
; this article shall be construed to include al
associations and Joint stock companies hay
ing any of the powers or privileges of col
porations not possessed by individuals o
partnerships. And all corporations shal
, have tine right to sue and shall be subject b
: be sued. in all courts, in like cases as natura
, persons.
! Sec. .. No corporation in existence at tn
adoption of this Constitution shall have til
benefit of future legislation without frs
filing, under the corporate seal of said cor
poration, and duly attested, in the Office o
the Secretary OF State, an acceptance of tn
! provisions of TIL Constitution.
Sec. 8. All existing charters or grants o
special and exclusive privileges, under which
bona tide organization shall not have takei
. place, and business been commenced in goo
faith at the time of the adoption of this Con
stitution, shall thereafter DO void and of n
3 effect.
l Sec. 4. Corporations may be formed unde
I general laws, but shall not be created b.
special act, nor shall any existing charter b
extended. changed or amended by specia
laws, except municipal corporations, unt
corporations for charitable, penal, reforma
j tory, or educational purposes under til
1 patronage of the tate.
The General As emily shall also by gen
eral laws provide for the revocation or for
) fixture of the charters of any or all corpora
tons guilty of abuse or misuse of their cor
! porate powers, privileges or franchises o.
: whenever said corporations become detri
r mental to the interests or welfare of tn
0 State or its citizens.
No corporation however under such gen
eral law, shall exercise the franchises thereb,
conferred until one-fifth of the par value o
a its authorized capital stock shall have beef
/ actually paid in, in cash.
Sec. 5. No corporation shall issue stock
q r