Milford chronicle., 1932-08-05

|
OF THE CONSTITUTION OF TIL
STATE OF DELAWARE, RELAT
ING TO THE JUDICIARY.
Be 1t enacted by the. Senate an
4 House of Representatives Of the Stat
i of Delaware in General Assembly me
| 1.-TWO thirds of all the members electe
to each House agreeing thereto):
Section 1. That Article Nv of tn
| Constitution of the State of Delawar
be amended so as to read as follows:
ARTICLE ".
JUDICIARY
Section l. The judicial power of thi
State shall be vested in a Suprem
| Court, a Court of General Sessions,
/ Court OF Chancery. an Orphans Court
a Registers Court, Justices of tn
Peace. and such other courts as th'
General Assembly. with the concur
renee of two-thirds of all the mem
bers elected to each House. shall from
time to time by law establish
Section 2. There shall be three Jus
tees of the Supreme Court who shall
be citizens of the State and learned II
tie law. The Senior in length of ser
vice shall be the Chief Justice who
when present shall preside at all sit
tings of the Court. In the absence Of
the Chief Justice the Senior Justice
present shall preside. If it is other
wise impossible to determine seniority
among the Justices. they shall deter
mine it by lot and certify accordingly
to the Governor.
There shall be six other State Judges
who shall be citizens of the State and
learned in the law. One of them shall
be Chancellor. one of them Presiding
Judge of the Court of General Sessions
and of the Orphans Court and the
other four of them Associate Judges of
the Court of General Sessions. and of
the Orphans Court. Three of the said
Associate Judges shall he resident AS
sociate Judges and one of them shall
after appointment reside in each Coun-
ty of the State. If it is otherwise i'm
possible to determine seniority of ser
vice among the said Associate Judges.
they shall determine it by lot and GER
tify accordingly to the Governor.
Section 3. The Justices of the Su-
preme Court, the Chancellor, and the
Presiding Judge and. Associate Judges
of the Court of General Sessions and
of the Orphans Court shall he appoint
ed by the Governor, by and with the
consent of a majority of all the mem-
bers elected to the Senate, for the term
of twelve years EACH and the persons
charge Of the duties of their respective
offices upon taking the oath of office
prescribed E. by this Constitution. If a
vacancy shall occur, by expiration of
term or otherwise. at a time when the
Senate shall not be in session, the Gov
ernor shall within thirty days after the
happening of any such vacancy con-
vene the Senate for the purpose of
confirming his appointment to fill said
vacancy and the transaction of such
other executive business as may come
before it. Such vacancy shall be filled
as aforesaid for the full term, The said
appointment shall be such that no
more than two of the Justices of the
Supreme Court, in office at the same
time, shall have been appointed from
the same political party, and no more
than three of the five Judges of the
Court of General Sessions and of the
Orphans Court. in office at the same
time. shall have been appointed from
the same political party.
Section 4. The Justices of the SH-
preme Court. the Chancellor. and the
Presiding Judge and Associate Judges
of the Court Of General Sessions and of
the Orphans Court shall respectively
receive from the State for their ser
vices compensations which shall be
fixed by law and paid monthly and
they shall not receive any fees or per-
quisites in addition to their salaries
for business done by them except as
provided by law. They shall hold no
other office of profit.
Section 5. The Presiding Judge of
the Court of General Sessions and of
the OfDndllS kCOufI ana In6 lOuG ASSO"
ciate Judges thereof shall compose the
Court of General Sessions and the Or
phans' Court, as hereina fter prescrib-
I'd.
Except as hereinafter prescribed with
respect to the Orphans Court. the said
i've Judges shall designate those of
heir number who shall hold the said
courts in the several counties. No more
han three of them shall sit together
IN either of the said courts. In each of
the said courts the Presiding Judge
when present shall preside and in his
ihsence the senior Associate Judge |
present shall preside
One Judge shall constitute a quorum !
If the said courts. respectively, except |
n the Court of General Sessions sit |
ing to try a criminal case involving a |
,harge of capital felony. when three
Judges shall constitute quorum, and |
except in the Court of General Ses- |
lions sitting to try cases of prosecu-
ion under Section of Article v of |
his Constitution, when two Judges |
hall constitute a quorum. and except |
n the Orphans Court sitting to hear |
Lppeals from Registers Court, when |
wo Judges shall constitute a quorum. |
)ne Judge may open and adjourn any
# said courts
Section 6. Subject to the provisions
# Section of this Article. two or
nore sessions of the Court of General |
nay at the same time be held in the I
anne county or i'm different counties.
nd the business of the several coun-
les may be distributed and apportion-
d in such manner as shall be provid-
d by the rules of the said courts, re-
pectively.
Section Z. The Court of General Ses-
ions shall have Jurisdiction of all |
auses of a civil nature, real, personal
nd mixed, at common law and all
ther the jurisdiction and powers vest
d by the laws of this State in the SU-
erior Court: and also shall have all
he jurisdiction and powers vested by
he laws of this State in the Court of
ieneral Sessions of the Peace ard Jail
and also shall have all the
Jurisdiction and powers vested by the
Avs of this State in the Court of Gen
raj Sessions: and also shall have all
he jurisdiction and powers vested by
he laws of this State in the Court of
yer and Terminer.
Section 8. The phrase Supreme
ourt' as used in Section of Article
r of this Constitution and the phrases
Superior Court" Court of General
essions of the Peace and Jail Deliv-
ry." Court Of Oyer and Termner"
nd Court of General Sessions" wher-
yer found in the law of this State.
lsewhere than in this amended Article
of this Constitution, shall he read
s and taken to mean. and hereafter
finted as. tho Court of General SeS-
ions provided for in this amended Ar
cle " of this Constitution; and the
hrase Chief Justice" wherever found J