Smyrna times., 1956-08-02

The following Amendments 10 the Con-
sututlon of the State OF Delaware were
passed By the llSth General Assembly
and are being published in accordance
with Article XVI. Section / of the Con-
stitution of the State of Delaware:
AN ACT PROPOSING CERTAIN
AMENDMENTS TO ARTICLE Nv OF
THE CONSTITUTION OF THE STATE
OF DELAWARE. RELATING TO THE
JUDICIARY.
Be it enacted by the General Assembly
OF the State Of Delaware ltwo-thirds of
all the Members elected to each House
agreeing thereto):
Section 1. Article Nv, Section l3 OF the
Constitution of the State of Delaware is
amended by striking out all of that Sec
ton and inserting in lieu there of a new
Section l3 TO read as follows:
Section 10. The Chief Justice of the
Supreme Court, or in case of his absence
from the State. or ineapacity. the Senior
Associate Justice of the Supreme Court
or in case of his absence from the State
or ineapacity. the remaining Associate
Justice of the Supreme Court, shall be
the administrative head of all the Courts
in the State. and shall have general ad-
ministrative and supervisory powers over
all the Courts. Such powers shall include
but shall not be limited TO the following:
VI OpOn lnc approval a majority
OF the Justices of the Supreme Court to
adopt rules for the administration of JUS
tice and the conduct of the business of
any or all the Courts in this State: Pro-
vided. however, that any other of the
Courts in this State may from time to
in this paragraph (D conferred upon the
Justices of the Supreme Court. adopt
rules of pleading. practice and procedure
applicable to such Court.
l2) Upon written request made by the
Chancellor. or in his absence or incapac-
ity by the Vice-Chancellor, or upon the
written request made by the President
Judge of the Superior Court and Of the
Orphans Court, or in his absence or
incapacity by the Senior Associate Judge.
to designate one or more OF the State
Judges (including the Justices of the
Supreme Court to sit in the Court of
Chancery. the Superior Court, or the
Orphans Court. as the case may be. and
to hear and decide such causes in such
Court and for such period of time as
shall be designated. 1t shall be the duty
of the State Judge so designated to serve
according to such designation as a Judge
of the Court designated. The provisions
of this paragraph shall not be deemed
to limit in any manner the powers con-
ferred upon the judges of the Superior
Court under Section Ia of this Article
Section 2. Article Nv, Section of the
OOnSlllullOil Oi NItt Dlhlt vi DcidWdIt 10
amended by striking out all of that Sec
tion and inserting in lieu thereof new
Section TO read as follows:
Section 8. The President Judge of the
Superior Court and the Orphans Court
and the four Associate Judges thereof
shall compose the Superior Court and the
Orphans Court, as hereinafter prescribed.
In each of the said courts the President
Judge when present shall preside and in
his absence the senior Associate Judge
present shall preside.
One Judge shall constitute quorum
of the said courts, respectively. except in
the Superior Court sitting to try a Grim
inal case involving a charge of capital
felony, when three judges shall constitute
a quorum, and except in the Superior
Court sitting to try cases Of prosecution
under Section of Article v of this
stitute a quorum. One Judge may open
and adjourn any of said courts.
Section 8. Article ~. Section of the
Constitution of the State of Delaware is
amended by striking out all of that Sec
tion and inserting in lieu thereof new
Section to read as follows:
Section 6. Subject to the provisions of
Section 5 of this Article. two or more
sessions of the Superior Court and of
the Orphans Court may at the same time
he held in the same County or in differ
ent Counties. -sisr
Section 4. Article Nv. Section 10 Of
the Constitution of the State of Delaware
is amended by striking out all of that
Section and inserting in lieu thereof a
new Section 10 to read as follows:
Section 10. The Chancellor and the
Vice Chancellor or Vice Chancellors shall
them. respectively. shall sit alone in that
court This court shall have all the jur-
isdiction and powers vested by the laws
of this State in the Court of Chancery.
In any causeg or matter in the Court OF
Chancery that is initiated by an applca-
ton to a Judge of that Court, thee appli-
cation may be made directly to the Chan
cellor Or Vice Chancellor Causes or
proceedings in the Court of Chancery
shall be decided. and orders or decrees
therein shall be made by the Chancellor
or Vice Chancellor who hears them. re-
spectively.
AN ACT PROPOSING AN AMEND
MENT To SECTION OF ARTICLE
OF THE CONSTITUTION OF THE
STATE OF DELAWARE RELATING
TO THE LENGTH OF THE UNEx-
PRED TERM TO WHICH A sue
CESSOR IS ELECTED.
Be it enacted by the General Assembly
of the State of Delaware (two-thirds of
the Members elected to each Branch con-
curing therein):
Section /. Section 8. Article 8 of the
Constitution of the State of Delaware is
amended by repeating the third paragraph
and inserting in lieu thereof new third
paragraph to read as follows:
In case of vacancy in an elective
office, except as aforesaid, a person shall
be chosen to said office for the unex-
pired term at the next general election.
unless the vacancy shall happen within
two months next before such election. in
which case the election for said office
shall be held at the second succeeding
general election"
AN ACT TO AMEND ARTICLE S.,
SECTION "A OF THE CONSTITU-
TION OF THE STATE OF della
WARE RELATING TO ABSENTEE
VOTING.
Be It enacted by the General Assembly
of the State OF Delaware (two-thirds of
all Members elected to each House con-
curing therein):
Section /. Article 5. 8 "A of the Con-
stitution of the State of Delaware is
amended by striking out and repeating
said section and by inserting and enact
ing a new I "A to read as follows:
\ "A. General laws for absentee voting
The General Assembly shall enact gen.
eral laws providing that any qualified
elector of this State. duly registered. who
shall be unable to appear to cast his or
her ballot at any general election at the
regular polling place of the election dis
trict in which he or she is registered.
either because of being in the public SER
vice of the United States or of this State,
or because Of his or her sickness or
physical disability. may cast ballot at
such general election to be counted as
provided by law.
AN ACT PROPOSING AN AMEND