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CORNELL 
 
 UNIVERSITY 
 
 LIBRARY 
 
Cornell University Library 
 JK 3725 1897.A65 
 
 Constitution of the State of Delaware, a 
 
 3 1924 024 643 680 
 
Cornell University 
 Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924024643680 
 
Olonalttuluitt 
 
 OF THE 
 
 tat? of l^lahiar? 
 
 
 Publialf^It by tt;p ^^rrptarg of ^tatp. bg AutI;atUt| of a 
 Sraoluthm of % CottBtituttonal Conitrntiott. 
 
 1903. 
 
 THE ONION REPtJBtlCAN, 
 CEOPGETOWN, DSI,. 
 
Itat 
 
 tiatB 
 
 "f. 
 
 n 
 
 thtar?. 
 
 ESTABLISH THIS 
 FOR THE 
 
 ive by nature the g^eotiai ri^htr. 
 
 eator according to 
 
 ying and defending 
 
 ing reputation and 
 
 ts suitable to theii 
 
 ;her ; and as these 
 
 lue exercise thereof, 
 
 li iust authority in 
 
 ;d from the people, inherent power 
 
 nee their happiness ; 
 equire, from time to 
 
 f all men frequently ^„^y ^^ p„^„^ 
 3 of Almighty God ; worship. 
 ;rity of communities 
 shall or ought to be 
 to contribute to the „ ,. . ,.. ,, 
 
 Religions liberty 
 
 r to the maintenance 
 ind consent ; and no 
 limed by any magis- 
 in any manner con - 
 
QInttBtttuttnn 
 
 OF THE 
 
 •tat? of i^lafoar?. 
 
 WE, THE PEOPIvE, HEREBY ORDAIN AND ESTABLISH THIS 
 
 CONSTITUTION OF GOVERNMENT FOR THE 
 
 STATE OF DELAWARE. 
 
 PREAMBLE. 
 
 Through Divine goodness, all men have by nature the gsentiai vightr- 
 rights of worshiping and serving their Creator according to 
 the dictates of their consciences, of enjoying and defending 
 life and liberty, of acquiring and protecting reputation and 
 property, and in general of attaining objects suitable to their 
 condition, without injury by one to another; and as these 
 rights are essential to their welfare, for the due exercise thereof, 
 power is inherent in them ; and therefore aii just authority in 
 the institutions of political society is derived from the people, laherent power 
 and established with their consent, to advance their happiness ; 
 and they may for this end, as circumstances require, from time to 
 time, alter their Constitution of government 
 
 ARTICLE I. 
 
 BILL OF RIGHTS. 
 
 Section i. Although it is the duty of all men frequently j^^^j ^^ ^^^ji^ 
 to assemble together for the public worship of Almighty God ; worship, 
 and piety and morality, on which the prosperity of communities 
 depends, are thereby promoted ; yet no man shall or ought to be 
 compelled to attend any religious worship, to contribute to the j^^j, io^gii^^jt 
 erection or support of any place of worship, or to the maintenance 
 of any ministry, against his own free will and consent ; and no 
 power shall or ought, to be vested in or assumed by any magis- 
 trate that shall in any case interfere with, or in any manner con- 
 
4 
 
 Kr\ re'.igious 
 ttst t<jr office. 
 
 K ec ioTfs. 
 
 Trial by jury. 
 
 rro'»eciiftons fot 
 pnblications. 
 
 Evidence 
 Ubel. 
 
 i=ccurity of 
 leTsoti, 
 
 trol the rights of conscience, in the free exercise of religions 
 worship, nor a preference given by law to any religious societies, 
 denomitiations, or modes of worship. 
 
 Section 2. No religious test shall be required as a qualifi- 
 cation to any office, or public trust, under this State. 
 Sectioit 3. All elections shall be fiee and equal. 
 Section 4. Trial by jury shall be as heretofore. 
 
 prSs."'" "' ""■ Section 5. The press shall |be free to every citizen who 
 
 undertakes to examine the official conduct of men acting in a 
 public capacity ; and afly citizen may print on any subject, being 
 responsible for the abuse of that liberty. In prosecutions for 
 publications, investigating the proceedings of officers, or where 
 the matter published is proper for public information , the truth 
 thereof may be given in evidence ; and in all indictments for libels 
 the jury may determine the facts and the law, as in other cases. 
 
 Section 6. The people shall be secure in their persons, 
 houses, papers and possessions, from unreasonable searches and 
 
 Search -arrant. ggj^ures ; and uo Warrant to search any place, or to seize any 
 person or thing, shall issue without describing them as particu- 
 larly as may be; nor then, unless there be probable cause sup- 
 
 oart. ported by oath or affirmation. 
 
 Section 7. In all cnminal prosecutions, the accused hath 
 a right to be heard by himself and bis counsel, to be plainly and 
 fully informed of the nature and cause of the accusation against 
 him, to meet the witnessess in their examination face to face, to 
 have compulsory process in due time, on application by himself, 
 his friends or counsel, for obtaining witnesses in his favof^and a 
 speedy and public trial by an impartial jury ; he shall not be 
 compelled to give evidence against himself, nor shall he be de- 
 prived of life, liberty or property, unless 1^ the judgment of his 
 peers or by the law of the land. 
 
 Section 8. No person shall fcr any indictable offence be 
 proceeded against criminally by information, except in cases 
 arising in the land or naval forces, or in the militia when in 
 actual service in time of war or public danger ; and no person 
 shall be for the same offence twice put in jeopardy of life or 
 Private property ^^^^ '• °°^ ^^^'^ ^"y man's property be taken or applied to public 
 f.r public use. use without the consent ot his representatives, and without com- 
 pensation, being made. 
 
 Rights of 
 accused. 
 
 Witnesses, 
 
 Trial by jury. 
 
 Information, 
 
 }e paidy. 
 
 Arlmitiislration 
 of itt tice- 
 
 Segtion 9. All couits shall be open; and every man for an 
 injury done him in his reputation, person, movable or immova- 
 
ble possessions, shall have remedy by the due course of law, anii 
 
 j ustice administered acxrording to the very right of the cause and 
 
 the law of the land, without sale, denial, or unreasonable delay 
 
 or expense; and every action shall be tried in the county in which ^•""*- 
 
 it shall be commenced, unless when the judges of the court in 
 
 which the cause is to be tried shall determine that an im^partial 
 
 trial thereof cannot be had in that county. Suits may be brought suits against 
 
 against the State, according to such regulations as shall be made ^"'"'' 
 
 by law. 
 
 Section id. No power of suspending laws shall be exer- fg"4l™^'°*' 
 cised but by authority of the General Assembly 
 
 Section ii. Excessive bail shall not be required, nor ex- Excessive bau, 
 cessive fines imposed, nor cruel punishments inflicted; and in the "**■='"=• 
 construction of jails a proper regard shall be had to the health oT J"'^- 
 prisoners. 
 
 Section 12. All prisoners shall be bailable by sufficient Bail, 
 sureties, unless for capital offences when the proof is positive or 
 the presumption great ; and when persons are confined on accu- 
 sation for such offences their friends and counsel may at proper frimds°aiici 
 seasons have access to them. counsel. 
 
 Section 13. The privilege of the writ of habeas corpus su^ension af 
 shall not be suspended, unless when in cases of rebellion orinvas- " "s corpus. 
 sion the public safety may require it. 
 
 Section 14. No commission of oyer and terminer, or jail oyer and termi 
 delivery, shall be issued. ""■ 
 
 Section 15. No attainder shall work corruption (Si blood, ^^^f^f^l^ 
 nor except during the life of the offender forfeiture of estate. The sSicMe"*^^' 
 estates of tnose who destroy their own lives shall descend or vest d«°<Ja"'i. 
 as in case of natural death, and if any person be killed by acci- 
 dent no forfeiture sball thereby be incurred. 
 
 Section 16. Although disobedience to laws by a part of 
 the people, upon suggestions of impolicy or injustice in them, 
 tends by immediate effect and the influence of example not only 
 to endanger the public welfare and safety, but also in govern- 
 ments of a republican form contravenes the social principles of 
 such governments, founded on common consent for common Rig;ht of 
 good ; yet the citizens have a right in an orderly manner to meet p^"*'°° 
 together, and to apply to persons intrusted with the powers of 
 govet'nnient, for redress of grievances or other proper piu-poses, 
 by petition, remonstrance or address. 
 
Mil itary. 
 
 Quartering 
 soldiers. 
 
 Section 17. No standing army shall be kept up without 
 the consent of the General Assembly, and the military shall in 
 all cases and at all times be in strict subordination to the civil 
 power. 
 
 Section 18. No soldier shall in tiuie of peace be quartered 
 in any house without the consent of the )wner ; nor in time of 
 war but by a civil magistrate, in manner be prescribed by law. 
 
 Titles. Section 19. No hereditary distinction shall be granted, 
 
 nor any office created or exercised, the appointment to which 
 
 Term of offices, gjjgjj jjg f^j. ^ longer term than during good behaviour ; and no 
 person holding any office under this State shall accept of any office 
 or title of any kind whatever from any king, prince, or foreign 
 State. 
 
 WE DECLARE THAT EVERY THING IN THIS AR- 
 TICLE IS RESERVED OUT OF THE GENERAL 
 POWERS OF GOVERNMENT HEREINAFTER MEN- 
 TIONED. 
 
 ARTICLE II. 
 
 LEGISLATURE. 
 
 General 
 Assembly. 
 
 Section i. The legislative power of this State shall be 
 vested in a General Assembly, which shall consist of a Senate 
 and House of Representatives. 
 
 HoHse of Repre- SECTION 2. The Housc of Representatives shall be com- 
 
 sentatives. ,ri* r- i ,nii r 
 
 posed of thirty-nve members, who shall be chosen tor two years. 
 Senate. The Senate shall be composed of seventeen members, who shall 
 
 be chosen for four years. 
 
 Representative 
 Districts. 
 
 New Castle 
 County. 
 
 Kent County. 
 Sussex County. 
 
 .Senatorial 
 Districts. 
 
 New Castle 
 Couuty. 
 
 The State is Uereby divided into thirty-five Representative 
 Districts, from each of which shall be chosen, by the qualified 
 electors thereof, one Representative. In New Castle County 
 there shall be fifteen Representative DistrictSr numbered from one 
 to fifteen inclusive; in Kent County, ten Representative Districts, 
 numbered from one to ten inclusive; and in Sussex County, ten 
 Representatives Districts, numbered from one to ten inclusive. 
 The State is also hereby divided into seventeen Senatorial Dis- 
 tricts, from each of which shall be chosen, by the qualified elec- 
 tors thereof, one Senator. In New Castle County there shall be 
 seven Senatorial Tistricts, n.umbe-ed from one to seven inclusive. 
 
in Kent County, five Senatorial Districts, numbered from one to '^'^°"^°°"'^- 
 five inclusive; and in Sussex County, five Senatorial Districts, Sussex county, 
 from one to five inclusive. 
 
 ^ Representative 
 
 The Representative Districts in New Castle County are and Ne'w"castil 
 shall be as follows : county. 
 
 Number One. All that portion of the City of Wilmington No. i. 
 included within the Secoad and Fourth Wards, and those parts of 
 the Sixth and Eighth Wards, respectively, lying south of and 
 bounded by the central line of Eighth street. 
 
 Number Two. All that portion of the said city included no. .. 
 within the Ninth Ward, and those parts of the Sixth and Eighth 
 Wards, respectively, lying north of and bounded by the central 
 line of Eighth street. 
 
 Number Three. All that portion of the said city included no. 3. 
 within the Seventh Ward, and that part of the Fifth Ward lying 
 north of and bounded by a straight line including the central line 
 of Eighth street. 
 
 Number Four. All that portion of the said city included no. 4. 
 within the First and Third Wards, and that part of the Fifth 
 Ward lying south of and bounded by the central line of Eighth 
 street, east of and bounded by the central line of Adams street, 
 and west of and bounded by the central line of Market street. 
 
 Number Five. All that portion of the said city included no. 5. 
 within the Tenth, Eleventh and Twelfth Wards, and that part of 
 the Fifth Ward lying south of and bounded by a straight line in- 
 cluding the central line of Eighth street, west of and bounded by 
 the central line of Adams street, and bounded on the west by the 
 westerly boundary line of the said city. 
 
 Number Six. Brandywine Hundred. no. d. 
 
 Number Seven. Christiana Hundred. no. 7. 
 
 Number .Eight. Mill Creek Hundred. " no. s. 
 
 Number Nine. White Clay Creek Hundred. no. 9. 
 
 Number Ten. New Castle Hundred. no. 10. 
 
 Number Eleven. Pencader Hundred. no. u. 
 
 Number Twelve. Red lyion Hundred. no. 12. 
 
 Number Thirteen. Si Georges Hundred. no. 13. 
 
8 
 
 No. u. Number Fourteen. Appoquinimink Hundred. 
 
 No. 15. Number Fifteen. Blackbird Hundred. 
 
 Kentconuty. The Representative Districts ih Kent County are and shall 
 
 be as follows : 
 
 No. .. Number One. Duck Creek Hundred. 
 
 Number Two. Little Creek Hundred and the First Election 
 District of East Dover Hundred. 
 
 Number Three. Kenton Hundred. 
 
 No. 2. 
 
 No. J. 
 
 No ^ Number Four. West Dover Hundred and all that portion 
 
 of East Dover Hundred lying next to West Dover Hundred and 
 separated from the rest of East Dover Hundred by the following 
 boundary lines : beginning at the middle of the public road 
 leading from the Horsehead road to Kenton at the point of inter- 
 section of Kenton Hundred and East Dover Hundred, tlience 
 rimning along the middle of the said road to the Horsehead road, 
 thence running in a westerly direction along the middle of the 
 said Horsehead road a short distance to a short road leading from 
 the said Horsehead road to the road from Dover to Hazlettville, 
 known as the Hazlettville road, thence running along the middle 
 of the said short road from the Horsehead road to the said Haz- 
 lettville road, thence running in a westerly direction along the 
 middle of the said Hazlettville road a short distance to the road 
 leading therefrom to Wyoming, thence running &long the middle 
 of the said road leading from the said Hazlettville road to 
 Wyoming to the point of intersection of East Dover Hundred 
 and North Murderkill Hundred. 
 
 No. 5. Number Five. All that portion of East Dover Hundred not 
 
 included in Districts numbers two and four. 
 
 No. 6. Number Six. Parts of North Murderkill, South Murderkill 
 
 and Mispillion Hundreds included within the following boundary 
 lines: beginning at the intersection of the southern line of South 
 Murderkill Hundred with the State of Maryland, thence running 
 along the division line between Mispillion Hundred and South 
 Mnrderkill Hundred to the public road leading from Whiteleys- 
 burg to Harrington, thence running in a southeasterly and easter- 
 ly direction along the middle of said public road to the public 
 road leading from Masten's Corner to Vernon, at or near White's 
 Church, thence running in a northea^erly direction along the 
 middle of said public road leading from Masten's Corner to Vernon 
 
a short distance to the public road leading therefrom to the town 
 of Harrington, being a continuation of the road leading from 
 Whiteleysburg to Harrington, thence running in a southeasterly 
 direction to the intersection of West street in the town of Har- 
 rington, thence running in a northerly direction along the mid- 
 dle of said West street to the middle of Wolcott street in said 
 town of Harrington, thence running in an easterly direction 
 along the middle of said Wolcott street to the middle of Dor- 
 man street in said town uf Harrington, thence running in a north- 
 erly direction along the middle of said Dorman street to Brown's 
 Branch, thence running in an easterly direction with the course 
 of said Branch to the Delaware railroad, thence running in a 
 northerly direction along said Delaware railroad to Beaver Dam 
 Branch in South Murderkill Hundred, thence following the 
 course of said Beaver Dam Branch in a northwesterly direction 
 to the public road leading from Felton to Whiteleysburg, thence 
 running in a northeasterly direction along the middle of the said 
 public road from Felton to Whiteleysburg to the Owl's Nest 
 road, thence running in a northerly direction along the middle 
 of the said Owl's Nest road to the intersection of the Cowgill 
 road from Woodside to Petersburg, thence running in a north- 
 easterly direction along the middle of the said Cowijill road to 
 the Reed road running from Woodside to DuPont's school house, 
 thence running in a northwesterly direction along the rhiddle of 
 the said Reed road to DuPont's school house, thence running in 
 a northerly direction along the middle of the public road leading 
 from Willow Grove to Camden, a short distance to Stubb's Cor- 
 ner, thence running in a westerly and northwesterly and westerly 
 direction along the middle of the public road leading from Du- 
 Pont's school house to the Almshouse to Gray's Corner, thence 
 continuing in a direct westerly line to the southern boundary 
 line of West Dover Hundred, thence following the southern 
 boundary line of West Dover Hundred in a westerly direction to 
 the State of Maryland, thence running in a southeily direction 
 along the eastern boundary line of the State of Maryland to the 
 place ot beginning. 
 
 Number Seven. All that portion of North Murderkill Hun- no. 7. 
 dred not included in District number six. 
 
 Number Eight. All that portion of South Murderkill Huu- no. 8. 
 dred not included in District number six. 
 
 Number Nine. All that portion of Mispillion Hundred not^o-g- 
 ncluded in District number six. 
 
 Number Ten. Milford Hundred. no. 10 
 
Sussex County. 'jvj^g Representative Districts in Sussex County are and shall 
 
 be as follows : 
 
 No- 1. Number One. Cedar Creek Hundred. 
 
 No. 2. Number Two. All that portion of Nanticoke Hundred 
 
 which lies north and west of Gravelly Branch, beginning at a 
 point where the said Gravelly Branch intersects the dividing line 
 between Georgetown and Nanticoke Hundreds and running in a 
 southwesterly course to what was formerly known as Rest's Old 
 Mill, thence along said branch to what was formerly known as 
 Collins' Mills, to its mouth being at the head of Middleford Mill 
 Pond ; together with North West Fork Hundred. 
 
 No- 1- Number Three. All that portion of Nanticoke Hundred 
 
 which lies south and east of said Gravelly Branch, beginning at a 
 point where the said Gravelly Branch intersects the dividing line 
 between Nanticoke and Georgetown Hundreds, running in a 
 southwesterly course to what was formerly known as Rest's Old 
 Mill, thence along the said branch to what was formerly known 
 as Collins' Mills, to its mouth at the head of Middleford Mill 
 Pond; together with Seaford Hundred. 
 
 Number Four. Broad Creek Hundred. 
 
 Number Five. Little Creek Hundred. 
 
 Number Six. Dagsboro and Gumboro Hundreds. 
 
 Number Seven. Baltimore Hundred. 
 
 Number Eight. Indian River Hundred. 
 
 Number Nine. Georgetown Hundred. 
 
 Number Ten. Bioadkiln and Lewes and Rehoboth Hun- 
 dreds. 
 
 The Senatorial Districts in New Castle County are and shall 
 bfc as follows: 
 
 Number One. All that portion of the City of Wilmington 
 lying north of and bounded by a straight line including the cen- 
 tral line of Eighth street extending from the Delaware River to 
 the westerly boundary of said city. 
 
 No. 2. Number Two. All that portion of the said city lying south 
 
 of and bounded by the straight line aforesaid including the cen- 
 tral line of Eighth street. 
 
 N° 3- Number Three. Brandywine Hundred, together with all 
 
 that portion of Christiana Hundred lying north of and bounded 
 by the central line of Lancaster Turnpike. 
 
 No. 4. 
 No. 5. 
 
 No. 6- 
 
 No. 7. 
 
 No. 8. 
 
 No. 9. 
 
 No. :o, 
 
 Sena torial 
 Districts. 
 
 New Castle 
 County. 
 
 No. I. 
 
II 
 
 Number Four. Mill Creek Hundred, together with all that ^°- 4- 
 portion of Christiana Hundred lying south of and bounded by the 
 central line of the Lancaster Turnpike. 
 
 Number Five. White Clay Creek Hundred, Red Lion Hun- ^°- s- 
 dred and New Castle Hundred. 
 
 Number Six. Pencader Hundred and St. Georges Hun- no. 6. 
 dred. 
 
 Number Seven. Appoquinimink Hundred and Blackbird no. 7. 
 Hundred. 
 
 The Senatorial Districts in Kent County are and shall be as Kent county. 
 follows : 
 
 Number One.. The first and second Representative Dis-No. i. 
 tricts. 
 
 Number Two. Thp third and fourth Representative Dis- no. 2, 
 tricts. 
 
 Number Three. The fifth and seventh Representative Dis-No. 3. 
 tricts. ■■ 
 
 Number Four. The sixth and ninth Representative Dis-No. 4. 
 tricts. 
 
 Number Five. The eighth and tenth Representative Dis- no. 5. 
 tricts. 
 
 The Senatorial Districts in Sussex County are and shall be Sussex county. 
 as follows : 
 
 Number One. The first and second Representative Dis- no. t. 
 tricts. 
 
 Number Two. The third and fourth Representative Dis-No.^. 
 tricts. 
 
 Number Three. The fifth and sixth Representative Dis- n°- 3- 
 tricts. 
 
 Number Four. The seventh and eighth Representative Dis- ^°- * 
 tricts. 
 
 Number Five. The ninth and tenth Representative Dis- ^° s- 
 tricts. ».,.,.,. •. 
 
 1 •■ 1 1 1 Added temtory 
 
 All territory which shall hereafter be added to and included in Wilmington. 
 within the city of Wilmington shall become part of the Represen- 
 tative Districts in New Castle County as follows : 
 
 All lying east of a straight line including the central line of no?i°^ ^strict 
 Market street, below Eighth street, as the said two streets now 
 exist, and south of a straight line including the central line of 
 Eighth street, as the same now exists, shall become part of Rep- 
 resentative District number one. ^ ^ r ,v . •. 
 
 Part of District 
 
 All lying north of a straight line including the central line no. 2. 
 
12 
 
 of Eighth street, as the same now exists, extending from the 
 norlSasterlv side of Brandywine Creek to the Delaware River 
 Tnorth of the Brandywine Creek, westerly from the point of 
 rnterTection of the said'straight line with the northeasteriy side 
 of the said Creek, shall become part of Representative District 
 number two. 
 Part of District All lying north of a Straight line including the central line 
 
 ''°- ^- of Eighth street, as the same now exists, south ot the f^ranay- 
 
 wine Creek, and west of the central line of Market street as the 
 same now exists, shall become part of Reptesentative District 
 number three. 
 Part of District All lying between a straight line including the central line 
 
 ""^ "• of Market street extended southerly and a straight line including 
 
 the central line of Washington street extended southerly shall 
 become part of Representative District number tour. 
 Part of District All lying south of a straight line including the central line 
 
 ^°- '■ of Eighth street, as the same now exists, and west of a straight 
 
 line including the central line of Washington street, as the same 
 now exists, shall become part of Representative District number 
 five. 
 Change of In casc of any change in the boundary line between this 
 
 boundary. g^^j.^ ^^^ ^^le State of Pennsylvania any of the said Senatorial 
 
 and Representative Districts in New Castle County affected there- 
 by shall conform to any new boundary line between the saiA 
 states. 
 Added territory ^jj territory which shall hereafter be added to and included 
 
 in wiitnmgton. ^^^^^^ ^j^^ q^^^ ^f Wilmington shall become part of the Senator- 
 ial Districts in New Castle County as follows : 
 Part of All lying north of a straight line including the central line 
 
 m?frS*No. I. of Eighth street, extended from the Delaware River westwardly, 
 shall become part of Senatorial District number one. 
 
 Part of District All lying south of a straight line including the central line o 
 
 '^°' '' Eighth street, extended from the Delaware River westwardly 
 
 shall become part of Senatorial District number two. 
 
 Extension of Whenever by the extension of the limits of the City of Wil- 
 
 wTimington mingtou territory forming part of any Represeutative or Senator- 
 Districts. ia.1 District, as hereby established, shall be included within the 
 limits of the said city, such Representative or Senatorial District 
 shall thereafter consist of the residue thereof, not so included 
 within said limits. 
 
 Representative The scvcral Representative and Senatorial Districts in the 
 
 Distric'te.'""^' State shall, except as herein otherwise provided, continue to be 
 
^3 
 
 bounded, de cribed and defined by the lines of the hundreds,, 
 wards, election district, public roads, railroad and other bounda- 
 ries herein mentioned, as the same are now established and Boundaries, etc 
 located. 
 
 Section 3. No person shall be a Senator who shall not Qualifications 
 have attained the age of twenty-seven years and have been a citi- A^^'iiis'uience, 
 zen and inhabitant of the State three years next preceding the 
 day of his election and the last year of that term an inhabitant of 
 the Senatorial District in which he shall be chosen, unless he ^'^'=^p''°°- 
 shall have been absent on the public business of the United States Qualifications 
 or of this State. No person shall be a Representative who shall j'f^Rep«senta- 
 not have attained the age of twenty four years, and have been a ^^ 
 citizen and inhabitant of the State three years next preceding the Residence, 
 day of his election, and the last year of that term an inhabitant of 
 the Representative District in which he shall be chosen, unless 
 he shall have been absent on the public business of the United ^'^^'^ '°''' 
 States or of this State. 
 
 Section 4. The General Assembly shall meet on the first ^|°tiug 
 Tuesday of January, biennally, and at such other times as the 
 Governor shall convene the same. 
 
 Section s. The General Assembly shall meet and sit in Place of 
 Dover, the capital of the State; provided, however, that m case 
 of insurrection, conflagration or epidemic disease the General 
 Assembly may temporarily meet and sit elsewhere. 
 
 Section 6. Whenever there shall be a vacancy in either 'Vacancy. 
 House of the General Assembly, by reason of failure to elect, 
 ineligibility, death, resignation or otherwise, a writof election wHt^of^ 
 shall be issued by the presiding officer of the House in which the 
 vacancy exists, or in case of necessity in such other manner as 
 shall be provided by law ; and the person thereupon chosen to ^^^^ 
 fill such vacancy shall hold office for the residue of the term. And 
 whenever there shall be such vacancy in either House, and the 
 Ger-eral Assembly is not in session, the Governor shall ^^\^ Q^^^nor to 
 power to issue a writ of election to fill such vacancy, which writ issue wHt of 
 shall be executed as a writ issued by the presiding officer of wlSn""' 
 either House in case of vacancy, and the person thereupon chosen 
 to fill such vacancy shall hold office for the residue of the term. '^"'"■ 
 
 Organization of 
 
 Section 7. The Senate at each biennial session shall choose senate 
 one of its members president pro tempore, who shall preside in president 
 the absence of the Lieutenant-Governor, or in case the latter p'° '^"- 
 
14 
 
 0,^^j.mzation off^^^, ,11116 tO time 
 
 Judge of 
 elections 
 of members. 
 Quorum. 
 
 shall become Governor or while he continues in the exercise of 
 the office of Governor by reason of disability of the Governor. 
 The Senate .shall also choose its other oflBcers and in the absence 
 of the Lieutenant Governor and its president pro tempore may, 
 as occasions mav require, appoint one of its 
 members to preside. The House of Representatives shall choose 
 one of its members speaker and also choose its other officers, and 
 in the absence of the speaker may, from time to time as occasion 
 may require, appoint one of its members to preside. 
 
 Section 8. Each House shall be the judge of the elections, 
 returns and qualifications of its own members; and a majority of 
 all the members elected to each House shall constitute a quorum 
 to do business; but a smaller number may adjourn from day to 
 day, and shall have power to compel the attendance of absent 
 members, in such manner, and under such penalties, as shall be 
 deemed expedient. 
 
 Kxpulsion, 
 other powers. 
 
 Journals. 
 
 Yeas and nays. 
 
 Final vote. 
 
 Majority. 
 
 Section g. Each House may determine the rules of its 
 proceedings, punish any of its members for disoiderly behavior, 
 and with the concurrence of two thirds of all the members elected 
 'thereto expel a member, and shall have all other powers neces- 
 sary for a branch of the Legislature of a free and independent 
 State. 
 
 Section io. Each House shall keep a journal of its pro- 
 ceedings, and publish the same immediately after every session, 
 except such parts as may require secrecy, and the yeas and nays 
 of the members on any question shall, at the desire of any mem- 
 ber, be entered on the journal. No bill or joint resolution, ex- 
 cept in relation to adjournment, shall pass either House unless 
 the final vote shall have been taken by yeas and nays, and the 
 names of the members voting for and against the same shall be 
 entered on the journal, nor without the concurrence of a majority 
 of all the members elected to each House. 
 
 open door SECTION II. The doors of each House, and of Committees 
 
 of the Whole, shall be open yinless when the business is such as 
 ought to be kept secret. 
 
 Adjournment. SECTION 12. Neither House shall, without the consent of 
 
 the other, adjourn for more than three days, nor to any other 
 place than that in which the two Houses shall be sitting. 
 
 Section 13. The Senators and Representatives shall, 
 
 in 
 
15 
 
 all cases, except treason, felony or breach of the peace, be 
 privileged .from arrest during their attendance at the session of 
 their respective Houses, and in going to and returning from the 
 same; and for any speech or debate in either House they shall 
 not be questioned in any other place. 
 
 „ -Kx rA T, ■ Exclusion of 
 
 bECTiON 14. No Senator or Representative shall, during members from 
 the time for which he shall have been elected, be appointed ^ °*'''^^''' "*""" 
 any civil office under this State which shall have been created, 
 or the emoluments of which shall have been increased, during 
 such time. No member of Congress, nor any person holding any 
 office under this State, or the United States, except officers 
 usually appointed by the courts of justice respectively, attorneys- 
 at-law and officers in the militia, holding no disqualifying office, whomaynot be 
 shall during his continuance in Congress or in ofSce be a Senator 1^°^^°^^^^^^^^)^,^ 
 or Representative; nor shall any person while concerned in any 
 army or navy contract be a Senator or Representative. 
 
 Section 15. The members of the General Assembly, ex- 
 cept the presiding officers of the. respective Houses, shall receive 
 as compensation for their services a per diem allowance of five 
 dollars, and the presiding officers a per diem allowance of six compensation. 
 dollars for each day of the session, not exceeding sixty days; and session. 
 should they remain longer in session they shall serve without 
 compensation. In case a special or extra session of the General f^ggij,^,' ""^ '^'''™ 
 Assembly be called the members and presiding officers shall 
 receive like compensation for a period not exceeding thirty days. 
 
 The compensation of members of the General Assembly how paiti. 
 and of the Lieutenant-Governor as president of the Senate shall 
 be paid out of the Treasury of the State. 
 
 The cost to the State for stationery and other supplies for stationary nn<i 
 each member of the General Assembly shall not exceed the sum""'^ 
 of twenty-five dollars for any regular session, or the sum of ten 
 dollars for any special session. 
 
 Section 16. No bill or joint resolution, except bills appro S"g(f,"fii°^"^ 
 priating money for pnblic purposes, shall embrace more than one 
 subject, which shall be expressed in its title. 
 
 Section 17. Lotteries, the sale of lottery tickets, pool sell- oambiius. 
 ing and all other forms of gambling are prohibited in this State. 
 
i6 
 
 The General Assembly shall enforce this section by appropriate 
 legislation. 
 
 Divorce, 
 
 Alimony. 
 
 allowed 
 
 riON 18. No divorce shall be granted, nor alimony 
 except bv the judgment of a court, as shall be prescribed 
 al and uniform law. 
 
 Section 
 
 allowed, except Dv tne jt 
 by general and uniform I 
 
 Certain laws not 
 to be passed. 
 
 P rsonal infer- 
 est of member. 
 
 Section 19. The General Assembly shall not pass any 
 local or special law relating to fences; the straying of live stock; 
 ditches; the creation or changing the boundaries of school dis- 
 tricts; or the laying out, opening, alteration, maintenance or 
 vacation, in whole or in part, of any road, highway, street, lane 
 or alley. 
 
 Section 20. Anv memb'r of the General Assembly who 
 has a personal or private interest in any measure or bill pending 
 in the General Assembly shall disclose the fact to the House of 
 which he is a member and shall not vote thereon. 
 
 Di.5quaiifica- SECTION 21. No person who shall be coHvicted of em bezzle- 
 
 m?mbe?saud ment of the public money, bribery, perjury or other infamous 
 hold office. crime, shall be eligible to a seat in either House of the General 
 
 Assembly, or capable of holding any ofSce of trust, honor or 
 
 profit under this State. 
 
 Bribery. SECTION 22. Every persoH who shall give, offer or ptomise, 
 
 directly or indirectly, any money, testimonial, privilege, personal 
 advantage or thing of value to any executive or judicial officer 
 of this State or to any member of either House of the General 
 Assembly lor the purpose of influencing him in the performance 
 of any of his official or public duties shall be deemed guilty of 
 
 reuaity. bribery, and shall be punished in such manner as shall be pro- 
 
 vided by law. 
 
 Public laws, SECTION 23. Evcrv Statute shall be a public law unless 
 
 otherwise declared in the statute itself. 
 
 Section 24. The State Treasurer shall settle his accounts 
 annually with the General Assemolv or a joint committee thereof, 
 which shall be appointed at every biennial session. No person 
 who has served in the office of State Treasurer shall be eligible to 
 S^aui^Gen"'' ^ ®^^^ '" either House of the General Assembly until he shall 
 have made a final settlement of his accounts as treasurer and dis- 
 charged the balance, if any, due thereon. 
 
 state Treasurer 
 Settlement, 
 
 eral assembly 
 when. 
 
I? 
 
 ARTICLE III. 
 
 EXECUTIVE. 
 
 Section i. The supreme executive powers of the State Governor, 
 shall be vested in a Governor. 
 
 Section 2. The Governor shall be chosen by the qualified 
 electors of the State, once in every four years, at the general Election of 
 election. 
 
 Section 3. The returns of every election for Governor Election 
 shall be sealed up and immediately transmitted to the President ''^'"™°' 
 of the Senate, or in case of a vacancy in the office of President of 
 the Senate, or his absence from the State, to the Secretary of 
 State, who shall keep the same antil a President of the Senate 
 shall be chosen, to whom they shall be immediately transmitted 
 after his election, who shall open and publish the same in the 
 presence of the members of both Houses of the General Assem- 
 bly. Duplicates of the said returns shall also be immediately 
 lodged with the Prothonotary of each county. The person hav- 
 ing the highest number of votes shall be Governor; but if two or Tie vote, 
 more shall be equal in the highest number of voles, the members 
 of the two Houses shall, by joint ballot, choose one of them to 
 be Governor; and if, upon such ballot, two or more of them shall 
 still be equal and highest in votes, the President of the Senate 
 shall have the casting vote. 
 
 Section 4. Contested elections of the Governor or I^ieu" contested 
 tenant- Governor shall be determined by a joint committee, con" ^'^'^"°"' 
 sisting of one-third of all the meijibers elected to each House o^ 
 the General Assembly, to be selected by ballot of the Houses 
 respectively. Every member of the committee shall take an oathoa*hof 
 or afiBrmation that in determining the said election he will faith- ^°™°""^* 
 fully discharge the trust reposed in him; and the committee shall 
 always sit with open doors. °p^° ''°°"- 
 
 The Chief Justice, cr, in case of his absence or disability, the '^''° '° p^"'"^^' 
 Chancellor shall preside at the trial of any contested election of 
 Governor or Lieutenant-Governor, and shall decide questions 
 regarding the admissibility of evidence, and shall, upon request 
 of the committee, pronounce his opinion upon other questions of 
 law involved in the trial. 
 
 Section 5. The Governor shall hold his ofBce during four^^"'™ °^ °^'^^- 
 years from the third Tuesday of January next ensuing his elec- 
 tion; and shall not be elected a third time to said office. 
 
i8 
 
 Qualifications. 
 
 Salary. 
 
 Commander- 
 in-chief. 
 
 Appointments 
 to office. 
 
 Consent of 
 Senate. 
 
 To 611 
 vacancies. 
 
 Exception. 
 
 Section 6. The Governor shall be at least thirty years of 
 age, and have been a citizen and inhabitant of the United States 
 twelve years next before the day of his election, and the last six 
 years of that term an inhabitant of this State, unless he shall 
 have been absent on public business of the United States or of 
 this State. 
 
 Section 7. The Governor shall, at stated times, receive 
 for his services an adequate salary to be fixed by law, which 
 shall be neither increased nor diminished during the period for 
 which he shall have been elected. 
 
 Section 8. He shall be commander-in-chief of the army 
 and navy of this State, and of the militia, except when they shall 
 be called into the service of the United States. 
 
 Section 9. He shall have power, unless herein otherwise 
 provided, to appoint, by and with the consent of a majority of all 
 the members elected to the Senate, such officers as he is or may 
 be authorized by this Constitution or by law to appoint. He 
 shall have power to fill all vacancies that may happen during the 
 recess of the Senate, in ofiices to which he may appoint, except 
 in the ofiices of Chancellor, Chief Justice and Associate Judges, 
 by granting Commissions which shall expire at the end of the 
 next session of the Senate. 
 
 To fill vacan- 
 cies in elective 
 offices. 
 
 He shall have power to fill all vacancies that may happen in 
 elective oflSces, except in the ofiices of Lientenant-Governor and 
 members of the General Assembly, by granting Commissions 
 which shall expire when their successors shall be duly qualified. 
 
 Vacancies in 
 elective offices. 
 
 How filled. 
 
 In case of vacancy in an elective ofiBce, except as aforesaid, 
 a person shall be chosen to said ofiice for the full 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. 
 
 Confirmation of Uuless herein otherwise provided, confirmation by the Senate 
 appointments, of officers appointed by the Governor shall be required only where 
 When required, tjjg salary, fecs and emoluments of office shall exceed the sum of 
 five hundred dollars annually. 
 
 Secretary of 
 state. 
 
 Section 10. The Governor shall appoint, by and with the 
 consent of a majority of all the members elected to the Senate, a 
 Secretary of State, who shall hold office during the pleasure of 
 the Governor. He shall keep a fair register of all the official 
 
19 
 
 acts and proceedings of the Governor, and shall, when required 
 
 by either House of the General Assembly lay the same, and all 
 
 papers, minutes and vouchers, relative thereto, before such 
 
 House, and shall perform such other duties as shall be enjoined 
 
 upon him by law. He shall have a compensation for his services compensation. 
 
 to be fixed by law. 
 
 Section i i . No person shall be elected or appointed to an Por^offia."""' 
 office within a county who shall not have a right to vote for a 
 Representative in the General Assembly, and have been a resident 
 therein one year next before his election or appointment, nor hold 
 the office longer than he continues to reside in the county, unless 
 herein otherwise provided. 
 
 No member of Congress, nor any person holding or exercis- J^™™p*""^ 
 ing any office under the United States, except officers usually 
 appointed by the courts of justice respectively and attorneys-at- 
 law, shall at the same time hold or exercise any office of profit 
 under this State, unless herein otherwise provided. 
 
 No person shall hold more than one of the following offices 
 at the same time, to wit : Secretary of State, Attorney-General, 
 Insurance Commissioner, State Treasurer, Auditor of Accounts, 
 Prothonotary, Clerk of the Peace, Register of Wills, Recorder, 
 Sheriflf or Coroner. 
 
 Section 12. All Commissions shall be in the name of the commissions. 
 State, and shall be sealed with the great seal and signed by the 
 Governor. 
 
 Section 13. The Governor may for any reasonable cause offira".'*' ''^°'" 
 remove any officer, except the I/ieutenant Governor and members 
 of the General Assembly, upon the address of two-thirds of all 
 the members elected to each House of the General Assembly. 
 Whenever the General Assembly shall so address the Governor, 
 the cause of removal shall be entered on the journals of each 
 House. The person against whom the General Assembly may 
 be about to proceed shall receive notice thereof, accompanied 
 with the cause alleged for his removal, at least ten days before 
 the day on which either House of the General Assembly shall 
 act thereon. 
 
 Section 14. The Governor may require information ininf<^rmation. 
 writing from the officers in the executive department, upon any Governor may 
 subject relating to the duties of their respective offices. require. 
 
20 
 
 communica- SECTION IS He shall, from time to time, give to the Gen- 
 
 Assembi?.''"'™'eral Assembly information of affairs concerning the State and 
 
 recommend to its consideration such measures as he shall judge 
 
 expedient. 
 
 Conreniug and 
 adjouruinv 
 General 
 Assembly. 
 
 Convening 
 Senate in 
 extraordinary 
 
 Section i6. He may on extraordinary occasions convene 
 the General Assembly by proclamation; and in case of disagree- 
 ment between the two Houses with respect to the time of ad- 
 journment, adjourn them to such time as he shall think proper, 
 not exceeding three months. He shall have power to convene 
 the Senate in extraordinary session by proclamation, for the 
 transaction of executive business. 
 
 Execution of 
 laws. 
 
 Section 
 executed. 
 
 17. He shall take care that the laws be faithfully 
 
 Approval of 
 bills. 
 
 Reconsidera- 
 tion. 
 
 Passage over 
 veto. 
 
 Yeas and Nays 
 
 Failure of 
 Governor to 
 return bill 
 
 Adjournment, 
 efifect of. 
 
 Appropriation 
 bills. 
 
 Section 18. Every bill which shall have passed both 
 Houses of the General Assembly shall, before it becomes a law, 
 be presented to the Governor; if he approve, he shall sign it; but 
 if he shall not approve, he shall return it with his objections to 
 the House in which it shall have originated, which house shall 
 enter the objections at lara;e on the journal and proceed to recon- 
 sider it. If, after such reconsideration, three-fifths of all the 
 members elected to that House shall agree to pass the bill, it 
 shall be sent together with the objections to the other House, by 
 which it shall likewise be recon.sidered , and if approved by three- 
 fifths of all the members elected to that House, it shall become a 
 law: but in neither House shall the vote be taken on the day on 
 which the bill shall be returned to it. In all such cases the votes of 
 both Houses shall be determined by yeas and nays, and the names 
 of the members voting for and against the bill shall be entered 
 on the journal of each House respectively. If any bill shall not 
 be returned by the Governor within ten days, Sundays excepted, 
 after it shall have been presented to him, the same shall be a law 
 in like manner as if he had signed it, unless the General Assem- 
 bly shall, by adjournment, prevent its return, in which case it 
 shall not become a law without the approval of the Governor. 
 No bill shall become a law after the final adjournment of the 
 General Assembly, unless approved by the Governor within 
 thirty days after such adjournment. The Governor shall have 
 power to disapprove of any item or items of any bill making 
 appropriations of mone/, embracing distinct items, and the part 
 or parts of the bill approved shall be the law, and the item or 
 items of appropriation disapproved shall be void, unless repassed 
 according to the rules and limitations prescribed for the passage 
 
21 
 
 of Other bills over the Executive veto. Every order, resolution, what. 
 or vote to which the concurrence of both Houses of the General 
 Assembly may be necessary, except on a question of adjourn- 
 ment, shall be presented to the Governor, and before the same o^'[?^^J|'^^^^J'=" 
 shall take effect be approved by him, or, being disapproved by of Governor. 
 him, shall be repassed by three-fifths of all the members elected 
 to each House of the General Assembly, according to the rules 
 and limitations orescribed in the case of a bill. 
 
 Section iq. A Lieutenant-Governor shall be chosen at J;'^"'^"^"'- 
 the same time, in the same manner, for the same term, and sub- 
 ject to the same provisions as the Governor; he shall possess the *^"*" 
 same qualifications of eligibility for oflSce as the Governor; he 
 shall be President of the Senate, but shall have no vote unless senate^"' ° 
 the Senate be equally divided. 
 
 The Lieutenant Governor while acting as President of the 
 Senate, or as a member of the Board of Pardons, whenever at- 
 tending the sessions of said Board, shall receive for his services 
 the same compensation per day as the Speaker of the House of '^o'^p^"^''"" 
 Representatives. 
 
 Section 20. In case the person elected Governor shall die ^^^^^ 
 or become disqualified before the commencement of his term Ueuteuaut- 
 of office, or shall refuse to take the same, or in case of the re-be°comer 
 moval of the Governor from office, or of his death, resignation, Go»e»'uor 
 or inability to discharge the powers and duties of the said office, 
 the same shall devolve on the Lieutenant-Governor; and in case 
 of removal, death, resignation, or inability of both the Governor ^^^^'^^^^ ^ 
 and Lieutenant-Governor, the Secretary of State, or if there be state. Attorney 
 none, or in case of his removal, death, resignation, or inability, president pro 
 then the Attorney- General, or if there be none, 01 in case of his ^^J^ °^ff °^^'^^f 
 removal, death, resignation, or inability, then the President pro House, 
 tempore of the Senate, or if there be none, or in case of his re- 
 moval, death, resignation, or inability, then the Speaker of the 
 House of Representatives shall act as Governor until the dis- 
 ability of the Governor or Lieutenant-Governor is removed, or a 
 Governor shall be duly elected and qualified. 
 
 The foregoing provisions of this section shall apply only J^^en p^ovis- 
 to such persons as are eligible to the office of Governor under 
 this Constitution at the time the powers and duties ot the office 
 of Governor shall devolve upon them respectively. 
 
 Whenever the powers and duties of the office of Governor 
 
22 
 
 Vacancies in 
 office of persons 
 bt- coming 
 Governor. 
 
 shall devolve upon the Lieutenant-Governor, Secretary of State, 
 or Attorney-General, his office shall become vacant; and when- 
 ever the powers and duties of the office of Governor shall de- 
 volve upon the President pro tempore of the Senate, or the 
 Speaker of the House of Representatives, his seat as a member of 
 the General Assembly shall become vacant; and any such vacancy 
 shall be filled as directed by this Constitution; provided, how- 
 ever, that such vacancv shall not be created in case either of the 
 said persons shall be acting as Governor during a temporary 
 disability of the Governor. 
 
 Terms of office 
 of Attorney- 
 General. 
 Insurance 
 Commissioner, 
 .'^tate Treasurer 
 and State 
 Auditor. 
 ■ Election and 
 Commission. 
 
 Terms of office 
 of county 
 officers. 
 
 Election and 
 Commission. 
 
 Sheriff not 
 eligible for 
 re-election. 
 
 Section 21. The term of office of the Attorney-General 
 and Insurance Commissioner shall be four years: and the terms 
 of office of the State Treasurer and Auditor of Accounts shall be 
 two years. These officers shall be chosen by the qualified electors 
 of the State at general elections, and be commissioned by the 
 Governor. 
 
 Section 22. The terms of office of Prothonotaries, Clerks 
 of the Peace, Registers of Wills, Recorders, Registers in Chan- 
 cery and Clerks of the Orphans' Court shall be four years; and 
 the terms of office of Sheriffs and Coroners shall be two years. 
 These officers shall be chosen by the qualified electors of the 
 respective counties at general elections, and be commissioned by 
 the Governor. 
 
 years 
 
 No person shall be twice elected Sheriff in any term of four 
 
 of Offices. Section 23. Prothonotaries, Clerks of the Peace, Regis- 
 ters of Wills, Recorders, Registers in Chancery, Clerks of the 
 Orphans' Court and Sheriffs shall keep their offices in the town 
 or place in each county in which the Superior Court is usually 
 held. 
 
 ARTICLE IV. 
 judiciary. 
 
 Section i. The judicial power of this State shall be vested 
 in a Supreme Court, a Superior Court, a Court of Chancery, an 
 Orphans' Court, a Court of Oyer and Terminer, a Court of 
 General Sessions, a Register's Court, Justices of the Peace and 
 such other courts as the General Assembly, with the concurrence 
 of two-thirds of all the members elected to each House, shall 
 from time to time by law establish. 
 
23 
 
 Section 2. There shall be six State Judges who shall beJo-is^s- 
 learned in the law. One of them shall be Chancellor, one of them 
 Chief Justice and the other four of them Associate Judges. 
 
 The Chancellor, Chief Justice and one of the Associate ^.^jj^^^^j 
 Judges may be appointed from and reside in any part of the State. 
 The other three Associate Judges may be appointed from any 
 part of the State. They shall be resident Associate Judges, and Residence. 
 one of them shall reside in each county. 
 
 In case the commissions of two or more of the Associate seniority. 
 Judges shall be of the same date, they shall, as soon as con- 
 veniently may be after their appointment, determine their senior- 
 ity by lot, and certify the result to the Governoi. 
 
 Section 3. The Chancellor, Chief Justice and Associate Appointment. 
 Judges shall be appointed by the Governor, by and with the 
 consent of a majority of all the members elected to the Senate, |°°^^°'°'' 
 for the term of twelve years: Provided, however, that the Chan- Term, 
 cellor, Chief Justice and Associate Judges first to be appointed 
 under this amended Constitution, shall be appointed bv the Appointment. 
 Governor without the consent of the Senate, for the term of twelve 
 years; and the persons so appointed shall enter upon the dis- 
 charge of the duties of their respective offices upon taking the 
 oath of office prescribed by this amended Constitution. If aoath. 
 vacancy shall occur, by expiration of term or otherwise, ata time vacancies. 
 when the Senate shall not be in session, the Governor shall with- 
 in thirty days after the happening of any such vacancy convene senate 
 the Senate for the purpose of confirming his appointment to fill '=°'"'^"*^ 
 said vacancy, and the transaction of such other executive busi- 
 ness as may come before it. Such vacancy shall be filled as afore- 
 said for the full term. The said appointment shall be such that 
 no more than three of the said five law judges, in office at the three°f?om *" 
 same time, shall have been appointed from the same political p^rty.''""'''^*' 
 party. 
 
 Section 4. The Chancellor, Chief Justice and Associate compensation. 
 Judges shall respectively receive from the State for their services 
 a compensation which shall be fixed by law and paid quarterly, 
 and shall not be less than the annual sum of three thousand dol- 
 lars, and they shall not receive any fees or perquisites in addition ^^^ ^^ ^^^^ 
 to their salaries for business done by them except as provided by other" ffi°ce. 
 law. They shall hold no other office of profit. 
 
24 
 
 Superior Court,; SECTION 5. The Chief Justicc and the four Associate 
 sessions aud Judges Shall compose the vSuperior Court, the Court of General 
 ?!nnmfr, ScssioDS and the Court of 0>er and Terminer, as hereinafter pre- 
 
 scribed. 
 
 -d?sigi]n]eut. 
 Kximber to sU 
 
 Prtsidirg 
 Judge. 
 
 Quorum. 
 
 The said five judges shall designate those of their number 
 who shall hold the said courts in the several counties. When- 
 ever practicable the said courts shall consist of three of the said 
 five judges, but no more than three of them shall sit together in 
 any of the said courts. In each of the said courts the Chief Jus- 
 tice when present shall preside, and in his absence the senior 
 Associate Judge present shall preside. 
 
 Two shall constitute a quorum in the said courts respectively 
 except in the court of Oyer abd Terminer, where three shall con- 
 stitute a quorum. 
 
 openinp^and One may open and adjourn court. 
 
 adjourning. 
 
 Sessions. SECTION 6. Two sessious of the Superior Court or Court 
 
 of General Sessions, or one session of each of the said courts, or 
 one session of the Court of Oyer and Terminer and of either of 
 the other of the said courts may at the same time be held in the 
 same county or in different counties, and the business in the 
 several counties may be distributed and apportioned jnsuch man- 
 ner as shall be provided by the rules of the said courts respectively. 
 
 Superior Court. SECTION 7. The Superior Court shall have jurisdiction of 
 
 powers^""" all causes of a civil nature, real, personal and mixed, at common 
 
 law and all other the jurisdiction and poweis vested by the laws 
 
 of this State in the Superior Court. 
 
 Generaise- SECTION 8. The Courts of General Sessions shall have all 
 
 tion^aud" owers the jurisdiction and powers vested by the laws of this State in the 
 Courts of General Sessions of the Peace and Jail Delivery. 
 
 Oyer aud 
 Ttrminer. 
 Jurisdiction 
 aud powers. 
 
 Section g. The Court of Oyer and Terminer shall have all 
 the jurisdiction and powers vested by the laws of this State in the 
 Court of Oyer and Terminer. 
 
 Chancer};, 
 Jurisdiction 
 and powers. 
 
 Section io. The Chancellor shall hold the Court of Chan- 
 cery. This court shall have all the jurisdiction and powers vest- 
 ed by the laws of this State in the Court of Chancery. ' 
 
25 
 
 Section ii. The Orphans' Court in each Coutity shall con- orphans 
 sist of the Chancellor and the resident Associate Judge of the '^°'"''' 
 county. The Chancellor when present shall preside. Onfe of^'^^^'^^ns- 
 them shall constitute a quorum. Quorum. 
 
 When their opinions are opposed, or when the decision is 
 made by one of them, or when the decision is made by both of 
 them in matters involving a right to real estate or the appraised 
 value or other value thereof, and in all matters aflFecting guar- Appeal. 
 dians or guardians' accounts, there shall be an appeal to the 
 Superior Court for the county, which shallhave final Jurisdiction 
 in every such case. Upon such appeal, if the Associate Judge 
 sat in the cause below, he shall not sit in the Superior Court. In 
 all other cases the decision of the Orphans' Court shall be final, decisions final. 
 
 This court shall have all the jurisdiction and powers vested jurisdiction 
 by the laws of this State in the Orphans' Court. *"'' p°^^"- 
 
 Section 12. The Supreme Court shall have jurisdiction s^P^'^fj court 
 as follows: 
 
 (i). To issue writs of error to the Superior Court and to ^"'^°''"''°''- 
 determine finally all matters in error in the judgments and pror 
 ceedings of said Superior Court. 
 
 (2). To issue upon application of the accused, after con- 
 viction and sentence, writs of error to the Court of Oyer and ^"'^ "'^'^"""^ 
 Terminer and the Court of General Sessions in all cases in which 
 the sentence shall be death, imprisonment exceeding one month, 
 or fine exceeding one hundred dollars, and in such other cases 
 as shall be provided by law; and to determine finally all matters 
 in error in the judgments and proceedings of said Court of Oyer 
 and Terminer and Court of General Sessions in such cases; pro- 
 vided, however, that there shall be no writ of error to the Court 
 of General Sessions in cases of prosecution under Section 8 of 
 Article V of this Constitution. 
 
 (3). To receive appeals irom the Court of General Sessions ^pp*^"''- 
 in cases of prosecution under Section 8 of Article V of this Con- 
 stitution, and to determine finally all matters of appeal in such 
 cases. 
 
 (4). To receive appeals from the Court of Chancery, and to^pP"=a's. 
 determine finally all matters of appeals in the interlocutory or 
 final decrees and to proceedings in chancery. 
 
 Prohibition, 
 
 (5). To issue writs of prohibition, certiorari and mandamus mandlmil"'' 
 
26 
 
 Judges to sit 
 and act iu 
 vacaticn. 
 
 to the Superior Court, the Court of 03'er and Terminer, the 
 Court of General Sessions, the Court of Chancery and the Or- 
 phans' Court, or any of the judges of the said courts, and all 
 orders, rules and processes proper to give effect to the same. 
 The General Assembly shall have power to provide by law of 
 what judges the Supreme Court shall consist for the purpose of 
 this paragraph and in what manner, and by what judges of the 
 Supreme Court the jurisdiction and power hereby conferred may 
 be exercised in vacation. 
 
 Judges to sit. 
 
 Quorum. 
 
 Appeal from 
 Chancellor. 
 
 Presiding 
 Judge. 
 
 Quorum. 
 
 Court in Banc 
 
 Presiding 
 Judge. 
 
 Quorum. 
 
 Section 13. The Supreme Court upon a writ of error to 
 the Superior Court, Court of Oyer and Terminer, or Court of 
 General Sessions, or upon appeal from the' Court of General 
 Sessions, shall consist of the Chancellor and such of the other 
 five judges as did not sit in the cause below. The Chancellor 
 when present shall preside, and in his absence the Chief Justice 
 when present shall preside, and in his absence the senior Asso- 
 ciate Judge present shall preside. Any three of them shall con- 
 stitute a quorum, and one of them may open and adjourn court. 
 
 Section 14. The Supreme Court upon an appeal from the 
 Court of Chancery shall consist of the Chief Justice and the four 
 Associate Judges. 
 
 The Chief Justice when present shall preside, and in his ab- 
 sence the senior Associate Judge present shall preside. Any 
 three of them shall constitute a quorum, and ont of them may 
 open and adjourn court. 
 
 I 
 
 Section 15. Whenever the Superior Court, Court of Oyer 
 and Terminer or Court of General Sessions shall consider that a 
 question of law ought to be heard by the Court in Banc, they 
 shall have power, upon application of either party, to direct it to 
 be so heard; and in that case the Court in Banc shall consist of 
 the Chief Justice and the four Associate Judges. 
 
 The Chief Justice when present shall preside, and in his ab- 
 sence the senior Associate Judge present shall preside. Any four 
 of them shall constitute a quorum, and one of them may open and 
 adjourn court. 
 
 The Superior Court, Court of Oyer and Terminer or Court 
 of General Sessions in exercising this power, may direct a cause 
 to be proceeded into verdict or judgment in that court, or to be 
 otherwise proceeded in, as shall be best for expediting justice. 
 
 Section 16. In matters of chancery jurisdiction in which 
 
27 
 
 the Chancellor is interested or other>vise disqualified, the Chief D«^'}|'^aiifica^^^^ 
 Justice shall have jurisdiction, and there shall bean appeal to to sit.' 
 the Supreme Court, which shall in this case consist of the four 
 Associate Judges, the senior Associate Judge present presiding. 
 Any three of them shall constitute a quorum, and one of them 
 may open and adjourn court. 
 
 Section 17. The Chief Justice, or, in case of his absence *^^^^^1|^fjy°^f 
 from the State or (Usability, the senior Associate Judge shall chancellor, 
 have power during the absence of the Chancellor froni the State 
 or his temporary disability, to grant restraining orders and pi e- 
 liminary injunctions, pursuant to the rules of the Court of Chan- ini'iuctious. 
 eery; provided, that nothing herein contained shall be construed 
 to confer general jurisdiction over the case. 
 
 Section 18 The Governor shall have power to commis- J"'*e^ *"* ''"'™ 
 sion a judge ad litem for the purpose of constitutingja quorum in 
 the Superior Court, Court of Oyer and Terminer, Court of Gen- 
 eral Sessions or Supreme Court, where by reason of legal ex- 
 ception to the Chancellor or any judge or for other cause a quo- 
 rum could not otherwise be had. The commission in such case 
 shall confine the oflSce to the cause, and it shall expire on the de- 
 termination of the cause. The judge so appointed shall receive 
 a reasonable compensation to be fixed by the General Assembly, compensatiou. 
 A member of Congress, or any person holding or exercising an 
 office under the United States, shall not be disqualified from be- 
 ing appointed a judge ad litem. 
 
 Section 19. The jurisdiction of each of the aforesaid 
 courts shall be co-extensivfl with the State. Process may he is- j °;i J^f "timf. 
 sued out of .each court, in eithei county, into every countv. No 
 costs shall be awarded again-jt any party to a cause by reason of 
 the fact that suit is brought in a county other than that in which 
 the defendant or defendants may reside at the time of bringing 
 suit. 
 
 Shction 20. The General Assembly, notwithstanding any- Powers of 
 thing contained in this Article, shall have oower to repeal or 2ss°emb\y. 
 alter any act of the General Assembly, giving jurisdiction to the 
 Court of Oyer and Terminer, the Superior Court, the Court of 
 General Sessions of the Peace and Jail Delivery, the Orphans' 
 Court or the Court of Chancery, in any matter, or giving any 
 power to either of the said courts. The General Assembly shall 
 also have power to confer upon the Courts of Oyer and Terminer, 
 the Suoerior Court, the Court of General Ses.sions, the Orphans' 
 Court and the Court of Chancery jurisdiction and powers in ad- 
 
28. 
 
 dition to those hereinbefore mentioned. Until the General As" 
 Appeai. sembly shall otherwise direct, there shall be an appeal to the 
 
 Supreme Court in all cases in which there is an appeal, according 
 to any act of the General Assembly, to the Court of Errors and 
 Appeals. 
 
 Powers of 
 Judges. 
 
 Section 21. Until the General Assembly shall otherwise 
 provide, the Chancellor shall exercise all the powers which any 
 law of this State vests in the Chancellor, besides the general 
 powers of the Court of Chancery, and the Chief Ju.stice and As- 
 sociate Judges shall each singly exercise all the powers which 
 any law of this State vests in the judges singly of the Superior 
 Court. 
 
 Charge to 
 Juries. 
 
 ' Section 22. Judges shall not charge juries with respect to 
 matters of fact, but may state the questions of facts in issue and 
 declare the law. 
 
 Trial by Court. SECTION 23. In civil causcs whcrc matters of fact are at 
 
 issue, if the parties agree, such matters of fact shall be tried by 
 the court, and judgment rendered upon their decision thereon as 
 upon a verdict by a jury. 
 
 Section 24. In civil causes, when pending, the Superior 
 Court shall have the power, before judgment, of directing, upon 
 such terms as it shall deem reasonable, amendments, impleadings 
 and legal proceedings, so that by error in any of them, the de- 
 termination of causes, according to their real merits, shall not be 
 hindered; and also of directing the examination of witnesses who 
 are aged, very infirm, or going out of the State, upori interroga- 
 de'be^e^sse""' ^°^^^^ ^^ ^^"^ ^s^^- ^° ^^ ^^^'^ ^^ evidence, in case of the death or 
 departure of the witnesses before the trial, or inability by reason 
 of age, sickness, bodily infirmity, or imprisonment, then to at- 
 
 Evidence out of^^^^^^ ^"^ *^^" ^^^ P^"^^^' °^ obtaining evidence from places not 
 state. within the State. 
 
 Ameudlng 
 pleadiugs. 
 
 Paying money 
 into Court. 
 
 Section 25. At any time pending an action for debt or 
 damages, the defendants may bring into court a. sum of money 
 for discharging the same, together with the costs then accrued, 
 and the plaintiffnot accepting the same, if upon th*^ final decision 
 of the cause, he shall not recover a greater sum than so paid into 
 court for him, he shall not recover any costs accruing after such 
 payment, except where the plaintiff is an executor or administra- 
 tor. 
 
29 
 
 Section 26. By the death of any party, no suit in chancery s^"^^J^™^ °f^i„^ 
 or at law, where the cause of action survives, shall abate, but, 
 until the General Assembly shall otherwise provide, suggestion 
 of such death being entered of record, the executor or adminis- 
 trator of a deceased petitioner or plaintiff may prosecute the 
 said suit; and if a respondent or defendant dies, the executor or 
 administrator being duly served with a scire facias thirty days 
 before the return thereof shall be considered as a party to the 
 suit, in the same manner as if he had voluntarily made himself 
 a party; and in any of those cases, the court shall pass a decree, 
 or render judgment for or against executors or administrators, 
 as to right appertains. But where an executor or administrator 
 of a deceased respondent or defendant becomes a party, the 
 court upon motion shall grant such a continuance of the cause 
 as to the Judges shall appear proper. 
 
 Section 27. Whenever a person, not being an executor or surety ou 
 administrator, appeals from a decree of the Chancellor, or ap-erro™ 
 plies for a writ of error, such appeal or writ shall be no stay of 
 proceediui^ in chancery, or the court to which the writ issues, 
 nnless the appellant or plaintiff in error shall give sufficient se- 
 curity, to be approved respectively by the Chancellor, or by a 
 judge of the court from which the writ issues, that the appel- 
 lant or plaintiflF in error shall prosecute respectively his appeal or 
 writ to effect, and pay the condemnation money and all costs, or 
 otherwise abide the decree in appeal or the judgment in error, 
 if he fails to make his plea good. 
 
 Section 28. No writ or error shall be brought upon any Limitation of 
 judgment heretofore confessed, entered or rendered, or upon "'"' °'^*'™' 
 any judgment hereafter to be confessed, entered or rendered, but 
 within five years after the confessing, entering or rendering there- 
 of; unless the person entitled to such writ be an infant, feme^^^P""" 
 covert, non compos mentis, or a prisoner, and then within, five 
 years exclusive of the time of such disability. 
 
 Section 29. The Prothonotary of the Superior Court may piothonotary to 
 issue process, take recognizances of bail and enter judgments, ac- ^J^"* p™'^^^*'- 
 cording to law and the practice of the court. No judgment in 
 one county shall bind lands or tenements in another, until a 
 testatum fieri facias being issued, shall be entered of record in the ||,^,'*fa"l"s. 
 office of the Prothonotary of the county wherein the lands or 
 tenements are situate. 
 
 Section 30. The General Assembly may by law give to 
 
30 
 
 Jurisdiction of 
 
 criminal 
 
 matters. 
 
 luferior courtF. any inferior courts by it 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 a public house of entertainment, tavern, inn, ale house, 
 ordinary or victualing house, retailing or selling without license, 
 or on Sunday, or to minors, wine, mm, brandy, gin, whiskey, or 
 spirituous or mixed liquors, contrary to law, cairying concealed 
 a deadly. weapon, disturbing meetings held for the purpose of re- 
 ligions worship, nuisances, arid such other misdemeanors as the 
 Getaerial Assembly may from time to time, with the concurrence 
 of t^«o-thirds of all the members elected to each House prescribe. 
 
 Regulation 
 
 Appeal. 
 
 The General Assembly may-by -law regulate this jurisdiction, 
 and provide that the proceedings shall be with or without indict- 
 ment by grand jury, or trial by petit jury, and may grart or deny 
 the privilege of appeal to the Court of General Sessions; pro- 
 vided, however, that there shall be an appeal to the Court of 
 General Sessions in all cases in which the sentence shall be im- 
 prisonment exceeding one month, or a fine exceeding one hun- 
 dred dollars. 
 
 Justices of the 
 peace. 
 
 Section 31. There shall be appointed, as hereinafter pro- 
 vided, such number of persons to the ofiBce of Justice of the 
 Peace as shall be directed by law, who shall be commissioned for 
 four years. 
 
 Appointment. 
 
 Rejfister's 
 Court. 
 
 Depositions. 
 
 Process. 
 
 Register 
 interested. 
 
 Section 32. Justices of the Peace and the judges of such 
 courts as the General Assembly may establish pursuant to the 
 provisions of Section i or Section 30 of this Article shall be ap- 
 pointed by the Governor, by and with the consent of a majority 
 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 coun- 
 ties shall respectively hold the Register's Court in each county. 
 Upon the litigation of a cause the depositions of the witnesses 
 examined shall be taken at large in writing and make part of the 
 proceedings in the cause. This court may issue process through- 
 out the State. Appeals may be taken from a Register's Court" to 
 the Superior Court, whose decision shall be final. In cases where 
 a Register of Wills is interested in questions concerning the pro- 
 bate of wills, the granting of letters of administration or execu- 
 tors' or administrators' accounts, the cognizance thereof shall 
 belong to the Orphans' Court, with an appeal to the Superior 
 Court, whose decision shall be final. 
 
31 
 
 Section 34. An executor or administrator shall file every A^„ou„ts of 
 account with the Register of Wills for the county, who shall, as executors, etc, 
 soon as conveniently may be. carefully examine the particulars 
 with the proofs thereof, in the presence of such executor or ad- 
 ministrator, and shall adjust and settle the same according to the 
 right of the matter and the law of the land; which account so 
 settled shall remain in his ofBce for inspection; and the executor, 
 or administrator, shall within three months after sUch settlement 
 give notice in writing to all persons entitled to shares of the es- Notice. 
 tate, or to their guardians, respectively, if residing within the 
 State, that the account is lodged in the said office for inspection. 
 
 Exceptions may be made by persons concerned to b'oth sides Exceptions. 
 of every such account, either denying the justice of the allow- 
 ances made to the accountant or alleging further charges against 
 him; and the exceptions shall be heard in the Orphans' Court for 
 the county: and thereupon the account shall be adjusted and set- 
 tled according to the right of the matter and law of the land. 
 
 Section 35. The style in all process and public acts shall style of Process. 
 be THE STATE OF DELAWARE. Prosecutions shall be 
 carried on in the name of the State. 
 
 ARTICLE V. 
 
 ELECTIONS. 
 
 Section i . The general election shall be held biennially Election. 
 on the Tuesday next after the first Monday in the month ot 
 November, and shall be by ballot; but the General Assembly 
 mav by law prescribe the means, methods and instruments of 
 voting so as best to secure secrecy and the independence of the 
 voter, preserve the freedom and purity of elections and prevent 
 fraud, corruption and intimidation thereat. 
 
 Section 2. Every male citizen of this State of the age of voters. 
 twenty-one years who shall have been a resident thereof one year Qualifications. 
 next preceeding an election, and for the last three months a 
 resident of the county, and for the last thirty days a resident of 
 the hundred or election district in which he may offer to vote, 
 and in which he shall have been duly registered as hereinafter 
 provided for, shall be entitled to vote at such election in the hun- 
 dred or election district of which he shall at the time be a resi- 
 
32 
 
 Bribery. 
 
 Disqualifica 
 
 tiotis. 
 
 Challenge. 
 
 CoucUisive 
 evidence . 
 
 Perjury. 
 
 dent, and in which he shall be registered, for all officers that now 
 are or hereafter may be elected by the people and upon all ques- 
 tions which may be submitted to the vote of the people: provid- 
 ed, 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 anv person who 
 by reason of physical disability shall be unable to comply there- 
 with; and provided also, that no person in the military, naval, or 
 marine service of the United States shall be considered as acquir- 
 ing a residence in this State, by being stationed in any garrison, 
 barrack, or military or naval place or station within this State; 
 and no idoit or insane person, pauper, or person convicted of a 
 crime deemed by law felony, or incapacitated under the provis- 
 ions of this Constitution from voting, shall enjoy the right of an 
 elector; and the General Assembly may impose the forfeiture of 
 the right of suffrage as a punishment for crime. 
 
 Section 3. No person who shall receive or except, or offer 
 to receive or accept, or shall pay, transfer, or deliver, or oifer or 
 promife to pay, transfer or deliver, or shall contribute, or offer 
 or promise to contribute to another, to be paid or used, any 
 money or other valuable thing as a compensation, inducement or 
 reward for the registering or obtaining from registering of any 
 one qualified to register, or for the giving or withholding, or in 
 any manner influencing the giving or withholding, a vote at any 
 general or special or municipal election in this State, shall vote 
 at such election; and upon challenge for any of said causes, the 
 person so challenged before the officers authorized for that pur- 
 pose shall receive his vote, shall swear 01 affirm before such 
 officers that he has not received or accepted, or offered to receive 
 or accept, or paid, transferred or delivered, or offered or promised 
 to pay, transfer or deliver, or contributed, or offered or promised 
 to contribute to another, to be paid or used, any money or other 
 valuable thing as a compensation, inducement or reward for the 
 registering or abstaining from registering of any one qualified to 
 register, or for the giving or withholding, or in any manner in- 
 fluencing the giving or withholding, a vote at such election. 
 
 Such oath or affirmation shall be conclusive evidence to 
 the election officeis of the truth of such oath or affimation; 
 but if any such oath or affirmation shall be false, the person 
 making the same shall be guilty of perjury, and no conviction 
 thereof shall bar any prosecution under Section 8 of this Article. 
 
33 
 
 Section 4. The General Assembly shall provide bv law 
 for a uniform biennial registration of the names of all the voters '^'^sistiatiou. 
 in this State who possess the qualifications prescribed in this 
 Article, which registration shall be conclusive evidence to the 
 election ofificers of the right of every person so registered to vote 
 at the general election next thereafter, who is not disqualified 
 under the provision of Section 3 of this Article ; but no person 
 shall vote at such election unless his name appears in the list of 
 registered voters. 
 
 Such registration shall be commenced not more than one 
 hundred and twenty days nor less than sixty days before and be 
 completed not more than twenty nor less than ten days before 
 such election. Application for registration may be made on at 
 least five days during the said period ; provided, however, that 
 such registration may be corrected as hereinafter provided, at any 
 time prior to the day of holding the election. 
 
 Voters shall be re:|istered upon personal application only; 
 and each voter shall, at the time of his registration, pay a regis 
 tration fee of one dollar,. for the use of the county where such 
 registration fee is paid. 
 
 From the decision of the registration officers granting or 
 refusing registration, or striking or refusing to strike a name or *pp^*'- 
 names from the registiation list, any person interested, or any 
 registration officer, may appeal to the reside.it Associate Judge of 
 the county, or in case of his disability or absence from the county, 
 to any judge entitled to sit in the Jiupreme Court, whose deter- 
 mination shall be final ; and he shall have power to order any 
 name improperly omitted from the said registry to be placed 
 thereon, and any name improperly appearing on the said registry 
 to be stricken therefrom, and any name appearing on the said 
 registry, in any manner incorrect, to be corrected, and to make 
 and enforce all necessary orders in the premises for the correction 
 of the said registry. Registration shall be required only for 
 general biennial elections at which Representatives to the General 
 Assembly shall be chosen, unless the General Assembly shall 
 otherwise provide by law. 
 
 The existing laws in reference to the registration of voters, 
 so far as consistent with the provisions of the Article, shall con- 
 tinue in force until the General Assembly shall otherwise provide. 
 
34 
 
 Privileges. SECTION 5. Electors shall in all cases, except treason, 
 
 felony, or breach of the peace, be privileged from arrest, during 
 their attendance at elections, and in going to and returning from 
 them. 
 
 Failure to 
 make retiirus. 
 
 Powers of 
 Court. 
 
 Certificates. 
 
 Section 6. The presiding election ofiBcer of each Jhundred 
 or election district, on the day next after the general election, 
 shall deliver one of the certificates of the election, made and certi- 
 fied as required by law, together with the ballot box or ballot 
 boxes, containing the ballots, and other papers required by law 
 to be placed therein, to the Prothonotarv cf the Superior Court 
 of the county, who shall at twelve o'clock noon on the second 
 day after the election present the same to the said court, and the 
 election officer or ofl5cers having charge of any other certificate 
 or certificates of the election shall at the same time present the 
 same to the said court, and the said court shall at the same 
 time convene for the performance of the duties hereby imposed 
 upon it; and thereupon the said court, with the aid of such of 
 its officers and such sworn assistants as it siiall appoint, shall 
 publicly ascertain the state of the election throughout the county, 
 by calculating the aggregate amount of all the votes for each 
 office that shall be given in all the hundreds and election districts 
 of the county for every person voted for tor such office. 
 
 In case the certificates of election of any hundred or election 
 district shall not be produced , or in case the certificates produced 
 do not agree, or in case of complaint under oath of fraud or mis- 
 take in any such certificate, or in case fraud or mistake is appar- 
 ent on the face cf an v^ such certificate, the court shall have power 
 to issue summary process against the election officers or any 
 other persons to bring them forthwith into court with the election 
 papers in their possession or control, and to open the ballot boxes 
 and tpke therefrom any paper contained therein, and to make a 
 recount of the ballots contained therein, and to correct any 
 fraud or mistake in any certificate or paper relating to such 
 election. 
 
 The said court shall have all other the jurisdiction and 
 powers now vested by law in the boards of canvass, and such 
 other powers as shall be provided by law. 
 
 After the state of the election shall have been ascertained as 
 aforesaid, the said court shall make certificates thereof, under 
 the seal of «aid court, in the form required by law, and transmit, 
 deliver and lodge the same as required by this Constitution or 
 
35 
 
 b}' law, and deliver the ballot boxes to t e slierifiF of the county. Baiiot boxes. 
 to be by him kept and delivered as required by law. 
 
 No act or determination of the court in the discharge of ''lie^^ji^,,^^-^^,,^^ 
 duties imposed upon it by this section shall be conclusive in the uot conclusive 
 trial of any contested election. e"ecu"or"'' 
 
 For the ourposes of this section the Superior Court shall 
 consist in New Castle County of the Chief Justice and the resi- cous'sf "'""" 
 dent Associate Judge; in Kent County of the Chancellor and the 
 resident Associate Judge; and in Sussex County of the resident 
 Associate Judge and the remaining Associate Judge. 
 
 Two shall constitute a quorum. The Governor shall have 
 power to commission a judge for the purpose of constituting a Quorum, 
 quoruiii when by reason of legal exception to the Chancellor orjudgeadutem. 
 any judge, or for any other cause, a quorum could not otherwise 
 be had. 
 
 Section 7. Every person who either in or out of the State 
 shall receive or except, or offer to receive or accept or shall pay, Bribery. 
 lran^fer cr deliver, or offer or promise to pay, transfer or deliver, 
 or shall contribute, or offer or promise co contribute, to another 
 to be paid or used, any money or other valuable thing as a com- 
 pen.sation, inducement or reward for the giving or withholding, or 
 in any manner influencing the giving or withholding, a vote at 
 any general, special, or municipal election in this State, or at any 
 primary election, convention or meeting held for the purpose of 
 nominating any candidate or candidates to be voted for at such 
 general, special or municipal election; or who either in or out of 
 the State shall make or become directly or indirectlv a party to 
 any bet or wager depending upon the result of any such general. 
 Special, municipal or primary election or convention or meeting, 
 or upon a vote thereat by any person; or who either in or out of 
 the State, shall, by the use or promise of money or other valua- 
 ble thing, or otherwise, cause or attempt to cause any oflftcer of 
 election or registration officer to violate his official duty; or who 
 either in or out of the State shall by the use or promise of money 
 or other valuable thing influence or attempt to influence any per- 
 son to be registered or abstain from being registered; or who, 
 being an officer, of election or registration officer, shall knowing- ' 
 ly and wilfully violate his official duty; or who shall by force, 
 threat, menace or intimidation, prevent or hinder, or attempt to 
 prevent or hinder, any person qualified for registration from be- 
 ing registered or any person qualified to vote from voting accord- 
 
36 
 
 Misdemeanor. 
 
 Disqiialificatiou 
 
 Evidence. 
 
 ing to his choice at any such general, special or municipal elec- 
 tion, shall be de2med guilty of a misdemeanor, and shall be fined 
 not less than one hundred dollars nor more than five thousand 
 dollars, or shall be imprisoned for a term not less than one month 
 nor more than three years, or shall suffer both fine and imprison- 
 ment within said limits, at the discretion of the court; and, if a 
 male, shall further for a term of ten years next following his sen- 
 tence be incapable of voting at any such general, special, muni- 
 cipal or primary election or convention or meeting; but the pen- 
 alty of disfranchisement shall not apply to any person making or 
 being a party to any bet or wager, depending upon the result of 
 of any such general, special, municipal or primary election or 
 convention or meeting. Every person charged with the commis- 
 sion while out of the State of any of the offences enumerated in 
 this section, and by this section made punishable, whether com- 
 mitted in or out of the State, may be prosecuted under Section 8 
 of this Article in any county in which he shall be arrested on 
 such charge. No person other than the accused, shall, in the 
 prosecution for any offence mentioned in this section, be permitt- 
 ed to withhold his testimony on the ground that it may criminate 
 himself or subject him to public infamy; but such testimony 
 shall not afterwards be used against him in any judicial proceed- 
 ing, except for perjury in g'ving such testimony. 
 
 Infoiniation 
 
 Ti al 
 
 Appeal. 
 
 Supeiscdea.« 
 wheu. 
 
 Surety. 
 
 H, 'tiring in 
 Supreme Court 
 
 Section 8 Every prosecution for any of the offenses men- 
 tioned in Section 7 of this Article shall be on information filed 
 by the Attorney General, after examination and commitment or 
 holding to bail by a judge or Justice of the Peace, and the cause 
 shall be heard, tried and determined by the court without the 
 intervention of either a grand jury or petit jury. The accused, 
 if adjudged guilty of the offense charged against him, shall have 
 the right at any time within the space of three calendar months 
 next after sentence is pronounced to an appeal to the Supreme 
 Court. The court below, or any judge thereof, in term time or 
 vacation, shall upon application by the accused allow such ap- 
 peal ; but such appeal .shall not operate as a supersedeas unless 
 the appellant shall at the time of the allowance thereof give an 
 appeal bond to the State of Delaware in such amount and with 
 such surety as shall be approved by such court or judge On 
 such appeal the Supreme Court shall, with all convenient speed 
 review the evidence adduced in the cause in the court below as 
 well as the other proceedings therein ; and the law applicable 
 thereto, and give final judgment accordingly, either affirming or 
 reversmg the judgment below. If the appellant shall fail to 
 prosecute his appeal pursuant to the rules and practice herein- 
 
37 
 
 after provided for, the Supreme Court shall a£5rra the judgment 
 of the court below. Where the sentence in the court below in- 
 cludes a term of imprisonment and an appeal bond is given and 
 approved in manner aforesaid, the Supreme Court, if it affirm the 
 judgment below, shall sentence the appellant to a term of ini- sentence. 
 prisonment equal to that imposed by the court below, after 
 deducting therefrom a period equal to the time of imprisonment, 
 if any, already suffered by him under the sentence of the court 
 below. The surety or sureties in any appeal bond given under 
 the provisions of this section shall have the right at any time 
 after its approval and until final judgment shall be rendered by 
 the Supreme Court, and, in case the judgment of the court below 
 shall be affirmed, until the expiration of the space of thirty days 
 next following such affirmance, to take, wherever found, and Right of ancst. 
 render the appellant to the sheriff of 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 taking and ren- 
 dering. If the Supreme Court shall reverse any judgment of the Reversal. 
 court below imposing a fine, and if the accused shall have fuUv 
 paid such fine and costs of prosecution, the amount thereof shall 
 be refunded to the appellant through a warrant drawn by the court 
 below onthe treasurer of the county in which the accused was sen- 
 tenced. All the judges entitled to sit in the Supreme Court shall, 
 as soon as conveniently may be, meet at the usual place of sitting 
 of saidcourt, and they, or a majority of them , shall adopt rules pre- R"''^''- 
 scribing the forms and conditions of appeal bonds to be used un- 
 der tbe provisions of this section, and the manner of certifying 
 copies thereof, providing for the printing or reduction to writing of 
 allloral evidence in the cause in the court below and of the opinion 
 of said court, for the certification of the same when so printed 
 or reduced to writing, and of copies thereof; for the copying and 
 certification of all documentary or other written or printed evi- 
 dence in the cause in the court below and of the record therein ; 
 for the transmission to the Supreme Court 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 a certified copy of the final judgment of the Supreme 
 Court and of any additional 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 
 regu'ating generally the practice and procedure of the Supreme 
 Court and the court below in cases of appeal under this section. 
 The said judges, or a majority of them, met as aforesaid, may 
 also provide that when complaint shall be made in due form, pre- 
 
38 
 
 scribed by them, to any judge entitled to sit in the Supreme 
 Court, that any ofiFence mentioned in Section 7 of this Article 
 has been committed in the county in which such judge shsll re- 
 side, or out of the State, 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 suflScient 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 thern, shall 
 prescribe. From time to time hereafter, whenever a majority of 
 all the judges entitled to sit in the Supreme Court shall so request, 
 all of the judges so entitled shall, as soon as conveniently may 
 by, meet at the usual place of sitting of said court ; and they, or 
 a majority of them, shall have power to revise, amend, add to or 
 annul, any rule or rules theretofore adopted touching forms, 
 practice or procedure in cases of appeal under this section, or 
 arrest and binding or commitment for appearance and answer, in 
 such manner and to such extent as in their judgment shall best 
 serve to effectuate the purposes hereof. No person shall be ad- 
 verdict. juc'ged guilty of any offence mentioned in Section 7 of this 
 
 Article without the concurrence of all of the judges trying the 
 case; and upon appeal no judgment of the court below shall be 
 affirmed without the concurrence of all of the judges of the 
 Supreme Court sitting in the case, and their failure to concur as 
 aforesaid shall operate as a reversal of the judgment of the court 
 below; provided, however, that such concurrence of the judges 
 sitting in the Supreme Court shall not be necessary for the affirm 
 ance of the judgment of the court below where the appellant 
 shall fail to prosecute his appeal pursuant to the rules and prac- 
 tice herein provided for. 
 General SECTION 9. The enumeration of the offenses mentioned 
 
 mX^othe."""' '° Section 7 of this Article shall not preclude the General As- 
 laws. sembly from defining and providing for the punishment of other 
 
 offenses against the freedom and puiity of the ballot, or touching 
 the conduct, returns or ascertainment of the result of general, 
 special or municipal elections, or of primary elections, conven- 
 tions or meetings held for the nomination of candidates to be 
 voted for at general, special or municipal elections. No p.osecu- 
 tion under any act of the General Assembly passed pursuant to 
 this section shall be subject to the provisions of Section 8 of this 
 Article. 
 
 ARTICLE VI. 
 
 IMPEACHMENT AND TREASON. 
 
 Section i . The House of Representatives shall have the 
 
39 
 
 sole power of impeaching; but two-thirds of all the members j^^p^^^^^^^^^, 
 must concur in an impeachment. All impeachments shall be 
 tried bv the Senate, and when sitting for that purpose, the Sena- Trial. 
 tors shall be upon oath or affirmation to do justice according to 
 the evidence. No person shall be convicted without the con- 
 currence of two-thirds of all the Senators. 
 
 On the trial of an impeachment against the Governor or Lieu- 
 tenant-Governor, the Chief Justice, or, in case of his absence or who to preside. 
 disability, the Chancellor shall preside; and on the trial of all 
 other impeachments the President of the Senate shall preside. 
 
 Section 2. The Governor and all other civil officers under who liawe to 
 this State shall be liable to impeachment for treason, bribery, or'"''^'"^ '"'^'' ' 
 any high crime or misdemeanor in office. Judgment in such J"<is"ient 
 cases shall not extend further than to removal from office, and 
 disqualification to hold any office of honor, trust, or profit, under 
 this State; but the party convicted shall, nevertheless, be sub- 
 ject to indictment, trial, judgment and punishment according to 
 law. 
 
 Section 3. Treason against this State ghall consist only in Treason. 
 levying war against it, or in adhering to the enemies of the Gov- 
 ernment, giving them aid and comfort. No f)erson shall be con- 
 victed of treason, unless on the testimony of two witnesses to E^^'^^"':^- 
 the same overt act, or on confession in open court. 
 
 ARTICLE VII. 
 
 PARDONS. 
 
 Section i . The Governor shall have power to remit fines pa^do^^'' ^'^'^ 
 and forfeitures and to grant reprieves, commutations of sentence 
 and pardons, except in cases of impeachment; but no pardon, or 
 reorieve for more than six months, shall be granted, nor sen- Recotnmenda- 
 
 r^ , . 1 ^' • -2^' r tiouof Board of 
 
 tence commuted, except upon the recommendation in writing of a pardons, 
 majority of the Board of Pardons after full hearing; and such 
 recommendation, with the reasons therefor at length, shall be 
 filed and recorded in the office of the Secretary of State, who 
 shall forthwith notify the Governor thereof. 
 
 He shall fully set forth in writing the grounds of all reprieves, Grounds of. 
 pardons and remissions, to be entered in the register of his official 
 acts and laid before the General Assembly at its next session. 
 
Board of 
 pardons. 
 
 40 
 
 Section 2. The Board of Pardons shall be composed of the 
 Chancellor, Lieutenant-Governor, Secretary of State, State 
 Treasurer and Auditor of Accounts. 
 
 lufovmatiou 
 
 Section 3. The said board may require information from 
 the Attorney-General upon any subject relating to the duties of 
 said board. 
 
 ARTICLE VIIL 
 
 REVENUE AND TAXATION. 
 
 Taxes. 
 
 Exemption. 
 
 Bills for 
 revenue. 
 
 Section i. All taxes shall be uniform upon the same class 
 of subjects within the territorial limits of the authority levying 
 the tax, and shall be levied and collected under general laws, 
 but the General Assembly may bv general laws exempt from 
 taxation such property as in the opinion of the General Assem- 
 bly will best promote the public welfare. 
 
 Section 2. All bills for raising reven le shall originate in 
 the Mouse of Representatives ; but the Senate may propose alter- 
 ations as on other bills ; and no bill from the operation of 
 which, when passed into a law, revenue may incidentally arise 
 shall be accounted a bill for raising revenue ; nor shall any mat- 
 ter or clause whatever not immediately relating to and necessary 
 for raising revenue be in any manner blended with or annexed 
 to a bill for raising revenue. 
 
 Borrowing SECTION 3. No money shall be borrowed or debt created by 
 
 money. ^^ ^^ behalf of the State but pursuant to an Act of the General 
 
 Assembly, passed with the concurrence of three-fourths of all 
 ■ the members elected to each House, except to supply casual 
 defi&ciencies of revenue, repel invasioa, suppress insurrection, 
 defend the State in war, or pay existing debts ; aud any law 
 authorizing the borrowing of money by or on behalf of the State 
 shall specify the purpose for which the money is to be borroived, 
 and the money so borrowed shall be u-sed exclusively for such 
 purpose ; bat should the money .so borrowed or any part thereof 
 be left after the abandonment of such purpose or the accomplish 
 ment thereof, such money, or the surplus thereof, may be dis- 
 posed of according to law. 
 
 Appropriation. SECTION 4. No appropriation of the public money shall be 
 
41 
 made to, nor the bones of this State be issued or loaned to any . , 
 
 .... . -^ and loans not to 
 
 county, municipality or corporation, nor shall the credit of the be made, to 
 State, by the guarantee or the endorsement of the bonds ofmum'ci'paiityor 
 other undertakings of any county, municipality or corporation, '^°''i'°™''°"- 
 be pledged otherwise than pursuant to an Act of the General 
 Assembly, passed with the concurrence of three-fourths of all pxceptby Act. 
 the members elected to each House. 
 
 Section 5. TheGeneral Assembly shall provide for levying 
 and collecting a capitation tax from every male citizen of the cnpitaUou tax. 
 State of the age of twenty-one years or upwards; but such tax 
 to be collected in any county shall be uniform throughout that 
 countj', and such capitation tax shall be used exclusively in the 
 county in which it is collected. 
 
 Section 6. No money shall be drawn from the treasury but Appioptiation. 
 pursuant to an appropriation made by Act of the General Assem- 
 bly ; provided, however, that the compensation of the members 0° m^mbcrs'of 
 of the General Assembly and all expenses connected with the ^^J^^'jl'^^"/ 
 session thereof may be paid out of the treasury pursuant to ^^so- ^^^^^^^^^^ 
 iution in that behalf; a regular account of the receipts and ex- pnbucations. 
 penditures of all public money shall be published annually. 
 
 Section 7. In all assessments of the value of real estate for Assessments. 
 taxation, the value of the land and the value of the buildings and 
 improvements thereon shall bi included. And in all assessments 
 of the rental value of real estate for taxation, the rental value of 
 the land and the rental value of the buildings and the improve- 
 ments thereon shall be included. The foregoing provisions of this 
 is section shall apply to all assessments of the value of real estate 
 or of the rental value thereof for taxation for State, county, hun- 
 dred, school, municipal or other public purposes. 
 
 Section 8. No county, city, town or other municipality county or 
 shall lend its credit or appropriate money to, or assume the debt to private 
 of, or become a shareholder or joint owner in or with any private ^°;;p°™"°" °' 
 corporation or any person or company whatever. prohioited. 
 
 ARTICLE IX. 
 
 corporations. 
 
 Section i. No corporation shall hereafter be created, oenerai 
 amended, renewed or revived by special act, but only by or under "'P""""" '^^■ 
 general law, nor shall any existing corporate charter be amended, 
 renewed or revived by special act, but only by or under general 
 law ; but the foregoing provisions shall not apply to municipal 
 
42 
 
 Exceptfon, 
 
 Pbrfcitupe of 
 charters. 
 
 corporations, banks or corporations for charitable, penal, reforma- 
 tory, or educational purposes, sustained in whole or in part by 
 the iState. The General Assembly shall, by general law, provide 
 for the revocation or forfeitnre of the charters of all corpor a 
 tions for the abuse, misuse, or non-user of their corporate powers 
 privilesres or franchises Any proceeding for such revocation or, 
 forfeiture shall be taken by the Attorney-General, as may be pro- 
 vided by law. No generaf incorporation law, nor anv spiecial act 
 of incorporation, shall be enacted without the concurrence of two- 
 thirds of all the members elected to each House of the General 
 Assembly. 
 
 Acceptaiice of 
 Constitution hj 
 corporations. 
 
 Section 2. No corporation in existence at the adoption of 
 this Constitution shall have its charter amended or renewed with- 
 out first filing, under the corporate seal of said corporation, and 
 duly attested, in the ofiSce of the Secretary of State, an accept- 
 ance of the provisions of this Constitution. 
 
 stock. 
 
 Section 3. No corporation shall issue stock, except for 
 money paid, labor done or personal property, or real estate or 
 leases thereof actually acquired by such corporation. 
 
 Rights not 
 disturbed. 
 
 Section 4. The rights, privileges, immunities and estates 
 of religious societies and corporate bodies, except as herein other- 
 wise provided, shall remain as if the Constitution of this State 
 had not been altered. 
 
 Agent for 
 service of 
 process. 
 
 Section 5. No foreign corporation shall do any business 
 in this State through or by branch offices, agents or repre- 
 sentatives located in this State, without having an authorized 
 agent or agents in the State upon whom legal process may be 
 served. 
 
 shares when 
 Hot taxed. 
 
 Section 6. Shares of the capital stock of corporations 
 created under the laws of this State, when owned l)y persons or 
 corporations without this State, shall not be subject to taxation 
 by any law now existing or hereafter to be made. 
 
 ARTICI,E X. 
 
 I'ree Schools. 
 
 EDUCATION. 
 
 Section i. The General Assembly shall provide for the 
 establishment and maintenance of a general and efficient system 
 of free public schools, and may require by law that every child' 
 
43 
 
 not physically oi nuetitally disabled, shall attend the ptiblic school, 
 unless educated by other means. 
 
 Section 2. In addition to the income of the investments of school Fund, 
 the Public School Fund, the General Assembly shall make pro- 
 vision for the annual payment of not less than one hundred 
 thousand dollars for the benefit of the free public school, which 
 with the income of the investments of the Public School Fund, 
 shall be equitably apportioned among the school districts of the 
 State as the General Assembly shall provide ; and the money so 
 apportioned shall be used exclusively for the payment of teachers' 
 salaries and for furnishing free text books ; provided, however, 
 that in such apportionment, no distinction shall be made on ac- 
 count of race or color, and separate schools for white and colored 
 children shall be maintained. All other expenses connected with Expenses. 
 the maintenauce of free public schools, and all expenses con- 
 nected with th« erection or repair of free public school build- 
 ings shall be defrayed in such manner as shall be provided by 
 law. 
 
 Section 3. No portion of any fund now existing, or which no aid to 
 may hereafter be appropriated, or raised by tax. for educational j^^oVs".'' 
 purposes, shall be appropriated to, or used by, or in aid of any 
 sectarian, church or denominational school; provided, that all 
 real or personal property used for school purposes, where the 
 tuition is free, shall be exempt from taxation and assessment for gj^'P'^°°,o„ 
 public purposes. 
 
 Section 4. No part of the principal or income of the Public use of Kuud. 
 School Fund, now or hereafter existing, shall be used for any 
 other purpose than the support of free public schools. 
 
 ARTICLE XI. 
 agricolturh. 
 
 Section i . There shall be a department established and ^^t^„^f„re 
 maintained, known as the State Board of Agriculture. 
 
 Section 2. The said board shall be composed of three Com- commissioueis 
 missioners of Agriculture, one of whom shall reside in each 
 county in the State. Any two of them shall constitute a quorum Quotum. 
 or the transaction of business. 
 
44 
 
 Appointment, 
 consent of 
 Senate. 
 
 Section 3. The said Commissioners of Agricnltnre shall be 
 appointed by the Governor, by and with the consent of a major- 
 ity of all the members elected to the Senate, one for the term of 
 one year, one for the term of two years, and one for the term of 
 three years; and thereafter all appointments of Commissioners of 
 Agriculture shall be made as aforesaid for the term of three years, 
 and they shall hold office until their successors are duly qualifi- 
 ed: provided, that any vacancy occuring in the ofiBce of Commis- 
 sioner of Agriculture before the expiration of a term shall be 
 filled by appointment as aforesaid for the remainder of the term; 
 and provided further, that in case such vacancy shall occur 
 when the Senate is not in session, such vacancy may be filled by 
 the Governor without confirmation by the Senate until the end 
 of the next session of the Senate. 
 
 ''ow'^fs. . Section 4. The said board shall have power to abate and 
 
 prevent, by such means as the General Assembly shall prescribe, 
 all contagious and infectious diseases of fruit trees, plants, veg- 
 etables, cereals, horses, cattle and other farm animals. 
 
 Section 5. The said Commissioners may devise such plans 
 for securing immigration to this State of industrious and useful 
 settlers as thev may deem expedient, and such plans may be ex- 
 ecuted as prescribed by the General Assembly. 
 
 Compensation, 
 
 Section 6. The General Assembly shall provide by law for 
 the compensation of the members of said board. 
 
 Section 7. The Board of Agriculture hereby established 
 shall continue for eight years from the date of the qualification 
 of the first member thereof, after which it may be abolished by 
 the General Assembly. 
 
 ARTICLE XII. 
 
 HEAI^TH. 
 
 Boards of 
 Bealih. 
 
 The General Assembly shall provide for the establishment 
 and maintenance of a Stale Board of Health, which shall have 
 supervision of all matters relating to public health, with such 
 powers and .duties as may be prescribed by law ; and also for the 
 establishment and maintenance of such local boards of health as 
 
45 
 
 may be necessary, to be under the supervision of the State Board, 
 to such extent and with such powers as may be prescribed by 
 law. 
 
 ARTICLE XIII. 
 
 LOCAL OPTION. 
 
 Section i. The General Assemblv may from time to time 
 provide by law for the submission to the vote of the qualified 
 electors of the several districts of the State, or any of them, 
 mentioned in Section 2 of this Article, the question whether the 
 manufacture and sale of intoxicating liquors shall be licensed or Assembly to 
 prohibited within the limits thereof; and in every district inP™J**^°'' 
 which there is a majority against license, no person, firm or cor- 
 poration shall thereafter manufacture or sell spirituous, vinous 
 or malt liquors, except for medicinal or sacramental purposes, 
 within said district, until at a subsequent submission of such 
 question a majority of votes shall be cast in said district for license. 
 Whenever a majority of all the members elected to each House 
 of the General Assembly by the qualified electors in any district when, 
 named in Section 2 of this Article shall request the submission 
 of the question of license or no license to a vote of the qualified 
 electors in said district, the General Assembly shall provide for 
 the submission of such question to the qualified electors in such 
 districts at the next general election thereafter. 
 
 Section 2. Under the provisions of this Article, Sussex Districts. 
 County shall comprise one district, Kent County one district, the 
 City of Wilmington, as its corporate limits now are or may here- 
 after be extended, one district, and the remaining part of New 
 Castle County one district. 
 
 Section 3. The General Assembly shall provide necessary Senerai"*^ 
 laws to carry out and enforce the provisions of this Article, enact Assembly, 
 laws governing the manufacture and sale of intoxicating liquors 
 under the limitations of this Article, and provide such penalties 
 as may be necessary to enforce the same. 
 
 ARTICLE Xiy, 
 
 OATH OF OFFICE. 
 
 Members of the General Assembly and all public officers ex- 
 ecutive and judicial, except such inferior officers as shall be by 
 
46 
 
 law exempted, shall, before they enter upon the duties of their 
 respective offices, take and subscribe the following oath or affir- 
 mation: 
 
 Form of Oath. "I do Solemnly swear (or affirm) that I will support the 
 
 Constitution of the United States, and the Constitution of the 
 State of Delaware, and that I will faithfully discharge the duties 
 
 of the office of , according to the best of my 
 
 ability"; and all such officers, except as aforesaid, who shall 
 have been chosen at any election, shall, before they enter upon 
 the duties of their respective offices, take, and subscribe the oath 
 or affirmation above prescribed, together with the following ad- 
 dition thereto, as part thereof: 
 
 "And I do further solemnly swear (or affirm) that I have 
 not directly or indirectly paid, offered or promised to pay, con- 
 tributed, or offered or promised to contribute, any money or 
 other valuable thing as a consideration or reward for the giving 
 or withholding a vote at the election at which I was elected to 
 said office." 
 
 No other oath, declaration or test shall be required as a 
 qualification for any office of public trust. 
 
 ARTICLE XV. 
 
 MISCELLANEOUS. 
 
 Conservators of SECTION I. The Chancellor, Judgcs and Attorney-General 
 
 the Peace. shall be couscrvators of the jpeace throughout the State ; 
 and the Sheriffs and Coroners shall be conservators of the peace 
 within the counties respectively in which they leside. 
 
 Receipt for fees. SECTION 2. No public officer shall receive any fees without 
 giving to the person paying the same a receipt therefor, if required, 
 therein specifying every item and charge. 
 
 Costs. Section 3. No costs shall be paid by a person accused, on 
 
 a bill being returned ignoramus, nor on acquital. 
 
 Salaries. SECTION 4. No law Shall extend the term of any public 
 
 officer or diminish his salary or emoluments after his election or 
 appointment. 
 
47 
 
 Section 5. All public officers shall hold their respective Termor office, 
 offices until their successors shall be duly qualified, except in 
 cases herein otherwise provided. 
 
 Section 6. All public officers shall hold their offices on hoidin'°offices 
 condition that they behave themselves well. The Governor shall ° "'^° 
 remove from office any public officer convicted of misbehavior in Re'no™i. 
 office or of any infamous crime. 
 
 Section 7. The matters within Section 30 of Article IV Matters 
 and Sections 7 and 8 of Ajrticle V are excepted from the provis- =="'^p"''- 
 ions of the Constitution that "No person shall for any indictable 
 offense be proceeded agaicst criminally by information," and 
 also from the provisions of the Constitution concerning trial by 
 jury- 
 
 Section 8. All stationery, printing, paper and fuel used contiacts for 
 in the legislative and other departments of government shall best""io'ner'y,etc. 
 furnished, and the printing, binding and distributing of the laws, 
 journals, official reports, and all other printing and binding, and 
 the repairing and furnishing the halls and rooms used for the 
 meetings of the General Assembly and its committees, shall be 
 performed under contract to be given to the lowest responsible 
 bidder below such maximum price and under such regulations as Bids. 
 shall be prescribed by law . Such bids shall be opened in the 
 presence of the persons making the bids or their representa- 
 tives. 
 
 No member or officer of any department of the government who maj not 
 shall be in any way interested in any such contract when awarded ^^ ^'^^"■ 
 to or by any such member, officer or department. 
 
 Section 9. This Constitution shall be prefixed to every 
 codification of the Laws of this State. 
 
 ARTICLE XVI. 
 
 AMENDMENT,? AND CONVENTIONS. 
 
 Section i. Any amendment or amendments to the Con- Am^ndments.^ 
 stitution may be proposed in the Senate or House of Representa- ^ *^" " '"" 
 tives ; and if the same shall be agreed to by two-thirds of all the 
 
48 
 
 members elected to each House, such proposed amendment or 
 amendments shall be entered on their journals, with the yeas 
 and nays taken thereon, and the Secretary of State shall cause 
 such proposed amendment or amendments to be published three 
 months before the next general election in at least three news- 
 papers in each county in which such newspapers shall be pub- 
 lished ; and if in the General Assembly next after the said elec- 
 tion such proposed amendment or amendments shall upon a yea 
 and nay vote be agreed to by two thirds of all the members 
 elected to each House, the same shall thereupon become part of 
 the Constitution. 
 
 constitutiouai SECTION 2 . The General Assembly by a two-thirds vote of 
 
 Convention. all the members elected to each House may from time to time 
 provide for the submission to the qualified electors of the State 
 at the general election next thereafter the question, "Shall there 
 be a Convention to revise the Constitution and amend the 
 same?" ; and upon such submission, if a majority of those vot- 
 ing on said question shall decide in favor of a Convention for 
 such purpose, the General Assembly at its next session shall 
 provide for the election of delegates to such Convention at the 
 next general election. Such Convention shall be composed of 
 forty-one delegates, one of whom shall be chosen from each Rep- 
 resentative District by the qualified electors thereof, and two of 
 whom shall be chosen from New Castle County, two from Kent 
 County and two from Sussex County by the qualified electors 
 thereof respectively. The delegates so chosen shall convene at 
 the Capital of the State on the first Tuesday in September next 
 after their election. Every delegate shall receive for his services 
 such compensation as shall be provided by law. A majority of 
 the Convention shall constitute a quorum for the transaction of 
 business. The Convention shall have power to appoint such 
 officers, employes and assistants as it may deem necessary, and fix 
 their compensation, and provide for tht printing of its documents, 
 journals, debates and proceedings. The Convention shall deter- 
 mine the rules of its proceedings, and be the judge of the elec- 
 tions, returns and qualification of its members. Whenever there 
 shall be a vacancy in the office of delegate from any district or 
 county by reason or failure to elect, ineligibility, death, resigna- 
 tion or otherwise, a writ of election to fill such vacancy shall be 
 issued by the Governor, and such vacancy shall be filled by the 
 qualified electors of such district and county. 
 
 Counting vote. SECTION 3. The General Assembly shall provide for re- 
 
 ceiving, tallying and counting the votes for or against a Con- 
 vention, and for returning to the General Assemblyat Us next 
 
%9 
 
 session the state of such vote; and shall also enact all provisions Returns, 
 necessary for giving effect to this Article. 
 
 Section 4. No bill or resolution passed by the General ^PP™™rnDt 
 Assembly under or pursuant to the provisions of this Article, required, 
 shall require for its validity the approval of the Governor, and 
 the same shall be exempt from the provisions of Section 18 of 
 Article III, of this Constitution. 
 
 Section 5. In voting at any general election, upon the voting 
 question, "Shall there be a Convention to revise the Constitution 
 and amend the same?" , the ballots shall be separate from those 
 cast for any person voted for at such election, and shall be kept, 
 distinct and apart from all other ballots. 
 
50 
 
 'schezdule:. 
 
 That no inconvenience may arise from the amendments of 
 the Constitution of this State, and in order to carry the same 
 into complete operation , it is hereby declared and ordained as 
 follows : 
 
 Section i. The President of this Convention, immediately 
 on its adjournment, shall deliver the enrolled copy of this amended 
 Constitution and Schedule to the Secretary of Stale, who shall 
 file the same in his office, and-the Secretary of this Convention 
 shall cause the same to be published three times in two news- 
 papers in each county of the State. 
 
 SrccTiON 2. This amended Constitution shall take effect on 
 effect. the tenth day of June in the year one thousand eight hundred 
 
 and ninety-seven. 
 
 Time of taking 
 
 ^ ^ Section 3. The offices of the present Senators and Repre- 
 
 Offices of pres- . i Ti j u . j .1 • n- . , 1 . . 
 
 eutsenaiors .sentfitives shall not be vacated or otherwise affected by this 
 
 ta'tixSfn?"'' amended Constitution, except that the Senators whose terms do 
 
 affecteti, not expire on the day of the next general election shall there- 
 
 To represent after repi esent the districts in which they now reside until the 
 
 district?. ^^^ qJ- ^.jjg terms for which they were elected. 
 
 Election of At the general election to be held in the year one thousand 
 
 Senators iu iSgf- ejght hundred and ninety eight, there shall be elected from each 
 of the even numbered Senatorial Districts in the State, except 
 district number two in New Castle County, District number four 
 in Kent County, and District number two in Sussex County, a 
 Senator for 'the term of two years, and from each of the odd 
 numtjered Senatorial Districts in the State a Senator for the term 
 of four years. 
 
 And thereafter, as the said terms shall from time to time ex- 
 pire, a Senator shall be elected from each of the said Senatorial 
 Districts for the full term of four years. 
 
51 
 
 At the general election to be held in the year one thousand RlpresTnta- 
 eight hundred and ninety-eight, there shall be elected in each '"''^^ '" '89 ■ 
 Representative District in the State one Representative for the 
 term of two years. 
 
 Section 4. The terms of Senators and Representatives senators aud 
 shall begin on the day next after their election. tiv^r''""''" 
 
 Section 5. The first general election under this amended ^■''''*"^'""™ 
 Constitution shall be held on the Tuesday next after the first 
 Monday in the month of November in the year one thousand 
 eight hundred and ninety eight. 
 
 Section 6. The term of office of the present Governor Term of 
 shall not be vacated, or in any wise affected by this amended ?ffJcted°'^"°' 
 Constitution. 
 
 Section 7. Unless otherwise provided by this amended Terms of 
 Constitution or Schedule, all persons elected or appointed before "^jj^^'^j'"^^'''''' 
 this amended Constitution shall take effect, to State or county offices fixed, 
 offices made elective by this amended Constitution, whose terms 
 will expire before the first Tuesday in January in the year one 
 thousand eight hundred and ninety-nine, shall hold their respec- 
 tive offices until the said last mentioned day ; and all persons 
 elected or appointed as aforesaid to such offices, whose terms 
 will expire between the said first Tuesday in January in the 
 year one thousand eight hundred and ninety nine and the first 
 Tuesday in January in the year one thousand nine hundred and 
 one, shall hold their respective offices until the said last men- 
 tioned day ; and all persons elected or appointed as aforesaid to 
 such offices, whose terms will expire between the said first 
 Tuesday in January in the year one thousand nine hundred and 
 one and the first Tuesday in January in the year one thousand 
 nine hundred and three, shall hold their respective offices until 
 the said 'ast mentioned day ; and the successors of such persons 
 shall be elected at the general election next before the expira- 
 tion of the terms as hereby extended; provided, however, that 
 the successors of the present Auditor of Accounts, State Treas Auditor, .«tatc 
 urer and Insurance Commissioner shall be elected at the general J™r"nc7"'^ 
 election next preceeding the expiration of their several terms of commi.ssiouer. 
 office, and the persons so elected shall enter upon the duties of 
 their respective offices on the first Tuesday in January following 
 their election. The officers whose terms of office are extended 
 bv this section shall renew their official obligations upon the ex- 
 piration ot their present terms. 
 
Terms of State 
 and County 
 offices, when 
 commence. 
 
 Courts of Jus- 
 tice continued 
 until June 10. 
 
 Transfer of 
 proceed ingSi 
 
 books, etc., to 
 new courts. 
 
 52 
 
 Section 8. The terms of office of all State and County 
 officers made Elective by this amended Constitution shall com- 
 mence on the first Tuesday in January next after their election, 
 unless otherwise provided in this amended Constitution o 
 Schedule. 
 
 Section 9. All the courts of justice now existing shall 
 continue with their present jurisdiction, and the Chancellor and 
 judges shall continue in office until the tenth, day of Juoe in the 
 year one thousand eighl hundred and ninety-seven ; upon which 
 day the said courts shall be abolished, and the offices of the said 
 Chancellor and judges shall expire. 
 
 All writs of error, and appeals and proceedings which on the 
 said tenth day of June in the year one thousand eight hundred 
 and ninety-seven shall be depending in the Court of Error and 
 Appeals, and all the books, records and papers of said : court, 
 shall be transferred to the Supreme Court established by this 
 amended Constitution ; and the said writs of error, appeals and 
 proceedings shall be proceeded in the said Supreme Court to final 
 judgment, decree or other determination. 
 
 All suits, proceedings, and matters which, on the said tenth 
 dav of June in the year one thousand eight hundred and ninety- 
 seven, shall be depending in the Superior Court,, and all books, 
 records and papers of the said court shall be transferred to the 
 Superior Court established by this amended Constitution, and the 
 said suits, proceedings and matters shall be proceeded in to final 
 judgment, or determination, in the said Superior Court estab- 
 lished by this amended Constitution. 
 
 All indictments, proceedings and matters which, on the said 
 tenth day of June in the year one thousand eight hundred and 
 ninety-seven, shall be depending in the Court of General Sessions 
 of the Peace and Jail Delivery, shall be transferred to and proceed- 
 ed in to fina' judgn entand deteimination in the Court of General 
 Sessions established by 'his amended Constitution, or be other- 
 wise disposed of by the Court of General Sessions, and all books, 
 records and papers of said Court of General Sessions of the Peace 
 and Jail Delivery shall be transferred to the said Court of General 
 Sessions. 
 
 All indictments, proceedings and matters which, on the said 
 tenth day of June in the year one thousand eight hundred and 
 ninety-seven, shall be depending in the Court of Oyer and Ter- 
 miner, shall be transferred to and proceeded in to final jiidgment 
 
53 
 
 and determination in the Court of Oyer and Terminer, established 
 by this amended Constitution, and all books, records and papers 
 of said Court of Oyer and Terminer shall be transferred to said 
 Court of Oyer and Terminer established by this amended Consti- 
 tution. 
 
 All suits, proceedings and matters which, on the said tenth 
 day of June in the year'one thousand eight hundred and ninety- 
 seven, shall be depending in the Court of Chancery, or in the 
 Orphans' Court, and all records books and papers of said courts 
 respectively, shall be transferred to Court of Chancery or Or- 
 phans' Court respectively, established by this amended Constitu- 
 tion; and the suits, proceedings and matters, shall be piocf»eded 
 jri to final decree, order or other determination. 
 
 Section io. Unless otherwise provided, the Registers' Register's 
 Courts and the jurisdiction of Justice of the Peace shall not bej^urisd1rt?on of 
 affected by this amended Constitution. justices of the 
 
 ^ peace not 
 
 effected. 
 
 Section ii. If the Chancellor, Chief Justice, or any As- 
 sociate Judge in ofi&ce at the time this amended Constitution shall 
 take effect shall not be appointed Chancellor, Chief Justice or Retired judge, 
 Associate Judge under "this amended Constitution, he shall be ^™°""' p^"''- 
 entitled to receive the sum of fifteen hundred dollars per annum, 
 payable quarterly, for five years, after I he expiration of his office, 
 if he shall so long live. 
 
 Section 12. The first biennial session of the Genera! As- First session of 
 sembly under this amended Constitution shall commence on the '^^^'*''''"'*' 
 first Tuesday in January in the year one thousand eight hundred 
 and ninety-nine. 
 
 Section 13. The provisions of Section 15 of Article 11 of certain pro- 
 this amended Constitution limiting the amount of the compen- ^jf^^^foT'esent 
 sation of the membeis of the General As.eembly and the P^'esid- General^ 
 ing ofiBcers of the respective Houses shall not apply to any ad- ***'™ ''' 
 journed, special or extra session of the General Assembly held 
 prior to the first Tuesday in January in the year one thousand 
 eight hundred and ninety- nine. 
 
 Section 14. Until the General Assembly shall enact a^^^ip^^i.^f 
 general incorporation law as provided for in Section i of Article 
 IX of this amended Constitution, existing corporations may be 
 renewed for a period not exceeding four years, without change 
 or enlargement of their corporate powers or duties, in the manner 
 lawful before this amended Constitution shall take effect. 
 
54 
 
 ?c'cmfnts",^ Section 15. Until the General Assembly shall otherwise 
 
 exceptious.etc. provide, guardians' accounts shall be filed with and be adjusted 
 and settled by the Register of Wills for the county, and be sub- 
 ject to exception, hearing, adjustment and settlerient in the 
 Orphans' Court for the county as before this amended Constitu- 
 tion took effect. 
 
 Terms of 
 
 _ Section 16. Unless otherwise provided by this amended 
 
 officers^iiot Constitution or Schedule, the terms of persons holding public 
 offices to which they have been elected or appointed at the time 
 this amended Constitution and Schedule shall take effect, shall 
 not be vacated or otherwise affected thereby. 
 
 Vacancy ill SECTION 17. One or more vacancies in the Board of Par- 
 
 Pardcns. dous shall uot invalidate any act of the remaining members of 
 
 said Board not less than three in number. 
 
 Section i8. All the laws of this State existing at the time 
 rSnain in force, this Constitution shall take effect, and not inconsistent with it, 
 shall remain in force, except so far is they shall be altered by 
 future laws. 
 
 Section 19. The General Assemb'y, as soon as corven- 
 iently may be after this Constitution shall take affect, shall enact 
 all laws necessary or proper for carrying out the provisions 
 thereof. 
 
 Done in Convention, the fourth day ot June in the 
 year of our L,ord one thousand eight hundred and ninety seven 
 and of the Independence of the United States of America the 
 one hundred and twenty-first. 
 
 In Testimony Whereof, we have hereunto subscribed 
 our names. 
 
 John Biggs, President. 
 Edward G. Bradford, Charles B. Evans, George H. Mur- 
 ray, Martin B. Burris, James B. Gilchrist, William P. Orr, Jr., 
 William A. Cannon, Robert G. Harman, Nathan Pratt, Paris T. 
 Carlisle, Jr. , Edward D. Hearne, Charles F. Richards, Wilson 
 T. Cavender, Andrew J. Horsey, Lowder L. Sapp, David S. 
 Clark, John W. Hering, William Saulsbury, J. Wilkins Cooch'^ 
 Andrew L,. Johnson. William T. Sroithers, Ezekiel W. Cooper, 
 Woodburn Martin, W. C. Spruance, Robert W. Dasey, Elias N. 
 Moore, Isaac K. Wright, Joshua A. Ellegood. 
 
 Attest: Charles R Jones, Secretary of C. C. 
 
 N. B. Johu P. Douahoe, a member of the Conveutiou from New Castle Couiitv 
 refused to sign. 
 
55 
 
 INDEIX. 
 
 A 
 
 ACCOUNTS— 
 
 Of Executor or Administrator, where filed 31 
 
 Notice of filing 31 
 
 Exceptions to 31 
 
 ACTIONS— 
 
 Where tried 5 
 
 Survival of 29 
 
 Against State 1 5 
 
 ACTS— 
 
 Public, style of 31 
 
 AGRICULTURE— 
 
 (See State Board of Agriculture.) 
 
 ALIMONY— 
 
 Only allowed by Court 16 
 
 APPEAL— 
 
 (See Judiciary.) 
 
 APPROPRIATIONS— 
 
 Of public money 40 
 
 Must be by act : 41 
 
 ARMY— 
 
 No standing 6 
 
 assessments- 
 Mow made 41 
 
 ATTAINDER. 
 
56 
 
 ATTORNEY GENERAL— 
 
 Term of office 22 
 
 Election of 22 
 
 Commission of 22 
 
 To initiate proceedings to revoke charters of corporations 42 
 
 To become Governor, when 21 
 
 Conservatot of the peace 46 
 
 AUDITOR OF ACCOUNTS— 
 
 Term of office 22 
 
 Election of 22 
 
 Com m ission of 22 
 
 Member of Board of Pardons 40 
 
 B ^ , ■'■''';' 
 
 BAIL— 
 
 Excessive, not required !. 5 
 
 Prisoners entitled to, exception 5 
 
 Right of bond to arrest 37 
 
 BOARDS OF HEALTH— 
 
 Legislature to provide for 44 
 
 BORROWING money- 
 How done by State 40 
 
 BOARD OF PARDONS— 
 
 Members 21,40 
 
 Hearings, recommendations 39 
 
 Recommendations filed in office of Secretary of State 39 
 
 May call on Attorney General for information 40 
 
 Vacancy in, not to invalidate acts 54 
 
 BRIBERY— 
 
 Of officers 16 
 
 Of voters 32 
 
 To disqualify from voting 32 
 
 Misdemeanor, penalty 36 
 
 Evidence 35 
 
 Prosecution by information 36 
 
 Trial by court 36 
 
 Appeal from decision 36 
 
 Court to adopt rules 37 
 
 Verdict of court 38 
 
 Legislature may make laws relating to 38 
 
57 
 
 c 
 
 CAPITATION TAX— 
 
 Geiieral Assembly to provide for 41 
 
 CAPITAL OF STATE 13 
 
 CERTIORARI— 
 
 Superior Court to issue writs of, to courts 25 
 
 CHANCELLOR— 
 
 (See Judiciary.) 
 
 To preside at contested election of Governor or Lieu- 
 tenant Governor, when , 17 
 
 To preside in impeachment in absence of Chief Justice.. 39 
 
 A member of Board of Pardon? 40 
 
 Conservator of the peace 46 
 
 CHIEF JUSTICE— 
 (See Judiciary). 
 To preside pi contested election of Governor or Lieu 
 
 tenant Governor, duty of 17 
 
 To preside in impeachmen t cases 39 
 
 CLERK OF ORPHANS' COURT— 
 (See Register in Chancery.) 
 
 CLERK OF THE PEACE— 
 
 Term of office 22 
 
 Election of 22 
 
 Commission of 22 
 
 Place of office 22 
 
 COMMISSIONS 19 
 
 COMMISSIONERS OF AGRICULTURE— 
 (See State Board of Agriculture.) 
 
 CONSERVATORS OF THE PEACE 46 
 
 CONSTITUTION— 
 
 When to take effect. 50 
 
 People may alter 3 
 
 To be prefixed to codification of laws 48 
 
 Amendments to, vote 48 
 
58 
 
 CONSTITUTIONAL CONVENTION— 
 
 How called 4^ 
 
 Delegates 4^ 
 
 Voting, ballots 4* 
 
 Counting vote 4*^ 
 
 Returns 49 
 
 Time and place of meeting 49 
 
 Compensation 49 
 
 Quorum 49 
 
 Powers 49 
 
 Rules, etc • 49 
 
 Vacancies 49 
 
 Bill auth<-.rizing, not to require approval of Governor... 49 
 
 CONTESTED ELECTIONS— 
 
 Of Governor and Lieutenant Governor 17 
 
 How determined 17 
 
 Who to preside '7 
 
 CORONER— 
 
 Term of office 22 
 
 Election of _ 22 
 
 Commission of 22 
 
 Conservator of the peace in count}' 17 
 
 CORPORATIONS— 
 
 General corporation law 41 
 
 Vote to pass general law 42 
 
 No corporation to be created except under 42 
 
 Exceptions 42 
 
 Revocation or forfeiture of charter 42 
 
 Acceptance of contitution by 42 
 
 Issuing stock 42 
 
 Rights of, not disturbed 42 
 
 Agents for seivice of process 42 
 
 Foreign stock not taxed 42 
 
 Renewal of 53 
 
 County, city or town not to aid by loan, etc., 42 
 
 COSTS— 
 
 None to be paid by accused when bill returned igno- 
 ramus or on acquittal ' 46 
 
 COURTS (See Judiciary. )— 
 
 All shall be open 5 
 
 Present, continued until June 10 52 
 
59 
 
 CRIMINAL PROSECUTIONS— 
 
 Rights of accused 4 
 
 D 
 
 DEODAND— 
 
 No forfeiture of i; 
 
 DEPOSITIONS— 
 
 In register's court 30 
 
 DIVORCES— 
 
 None to be granted except by court 16 
 
 DUE COURSE OF LAW— 5 
 
 E 
 
 EDUCATION (See Schools) — 
 
 ELECTIONS (General)- ' 
 
 Free and equal 4 
 
 When held 31 
 
 By ballot 31 
 
 Bribery 32 
 
 Challenge, oath 32 
 
 Privileges of electors at 34 
 
 Returns 34 
 
 Failure to make 34 
 
 Powert of court 34 
 
 Certificates 34 
 
 B?.llot boxes 35 
 
 First under this Constitution 50 
 
 Of members of General Assembly 51 
 
 EVIDENCE— 
 
 Truth of libel may be given in 4 
 
 Accused not oempelled to give against himself 4 
 
 Obtaining from without State 28 
 
 Of treason 39 
 
 EXECUTORS AND ADMINISTRATORS— 
 
 Parties to actions 29 
 
 Accounts of. 31 
 
 Notice of accounts 31 
 
 Exceptions to accounts of 31 
 
6o 
 
 F 
 
 FEES— 
 
 Officers to give receipt for 46 
 
 FENCES— 
 
 Legislature to pass no local laws relating to 16 
 
 FINES— 
 
 Excessive, not imposed 5 
 
 FOREIGN CORPORATIONS— 
 
 Agent for service of process 42 
 
 FORFEITURE 5 
 
 G 
 
 GAMBLING— 
 
 Prohibited 15-16 
 
 GENERAL ASSEMBLY— 
 
 Invested with legislative poiver, 6 
 
 How com posed 6 
 
 Biennial meeting 13 
 
 Other meetings 13 
 
 PI ace of meet ing 13 
 
 Organization 13-14 
 
 Quorum 14 
 
 Rules 14 
 
 Journal s 14 
 
 Yeas and nays 14 
 
 Open doors 14 
 
 Adjournment 14 
 
 CJovernor ma/ convene and adjourn 20 
 
 Session 15 
 
 Special or extra session 15 
 
 Stationery and supplies 15 
 
 Subject of bill or joint resolution to be expressed in title 15 
 
 Not to pass certain laws 16 
 
 vStatutes to be public laws, exception 16 
 
 Governor to approve or veto bills 20 
 
 Reconsideration 20 
 
 Passage over veto 20 
 
 Vote required 20 
 
6i 
 
 Yeas and nays 20 
 
 Settlement of State Treasurer 16 
 
 To choose Governor when 17 
 
 GENERAL ASSEMBLY— Continued. 
 
 Trial of contested election of Governor and Lieutenant 
 
 Governor ". 17 
 
 Removal of ofiBcers i g 
 
 Powers to repeal acts giving jurisdiction to courts 28 
 
 May prescribe means of voting 31 
 
 May make additional laws relating to bribery 38 
 
 To provide for State Board of Health 44 
 
 First session under this constitution 53 
 
 Members — 
 
 Number of, in House 6 
 
 Number of, in Senate 6 
 
 How chosen 6-7 
 
 Terms 7 
 
 Districts 7-12 
 
 Qualifications 13 
 
 Vacancies, how fil'ed 13 
 
 Judges of election and qualification of member 14 
 
 Expulsion of 14 
 
 Privileges 15 
 
 Exclusion of, from ofiice, when 15 
 
 Who may not be 15 
 
 Compensation , how paid 15.53 
 
 Personal interest in bill to be disclosed 16 
 
 Not to vote 16 
 
 Vacancy when president pro tem or speaker becomes 
 
 Governor 21 
 
 Ofiices of present members not to be afi^ected, exception 50 
 
 Election of, in 1898 50 
 
 Terms, when to begin 51 
 
 GOVERNOR— 
 
 Supreme executive power of State vested in 17 
 
 Election of r? 
 
 Returns , transmission 17 
 
 Tie vote 17 
 
 Election by General Assembly 17 
 
 Contested election of. 17 
 
 Term of office ■ 17 
 
 Not eligible to third term 17 
 
 Qualifications 18 
 
 Salary 18 
 
 Commander in chief. 18 
 
62- 
 
 Appointment of officers.... rS- 
 
 Filling Vacancies iS- 
 
 Gonflrmation of appointments by Senate when required i8- 
 GOVERNOR— Continued. 
 
 Appoint Secretary of State i8 19- 
 
 Remuval of officers 19- 
 
 May require information trom officers 19 
 
 Communications and recommendations to General As- 
 sembly 20- 
 
 Convening and adjourning General As.-embly 20 
 
 May convene the Senate for executive business 20 
 
 To execute the laws 20 
 
 Approval of bills : 20 
 
 Veto power io 
 
 May disapprove of items in appropriation bills 20 
 
 In case of death, etc., who to become 21 
 
 To commission certain officers 22 
 
 Impeachment of. 39 
 
 Power to reprieve and pardon 39 
 
 To set forth reasons and lay same before General A,ssembly 39 
 
 To issue writ of election, when 13 
 
 Appointment of Slate Board of Agriculture 43 
 
 Removal ot officers for misbehavior or crime 47 
 
 Term of present Governor not affected 51 
 
 H 
 
 HABEAS CORPUS— 
 
 Not .suspended, exception 5 
 
 hereditary- 
 No distinction of, granted 6 
 
 I 
 
 IMPEACHMENT— 
 
 House of Representativesjto have sole power 38 
 
 Vote 3g 
 
 Tried by Senate 39 
 
 Vote of Senate 3^ 
 
 Who to preside 3^ 
 
 Who liable to, for certain offenses 39 
 
 Judgment ., 39 
 
 INFERIOR COURTS— 
 (See Judiciarv.) 
 
 information- 
 No criminal proceedings by 4, 
 
 Exception in certain cases 36 
 
 In case of bribery ....^.... 36 
 
6s 
 
 INJUNCTION - 
 
 Chief Justice or Associate Judge to grant, during ab- 
 sence or disability of Chancellor 27 
 
 INSURANCE COMMISSIONER— 
 
 Term of office , 22 
 
 Election of 22 
 
 Commission of 22 
 
 INTERROGATORIES de bene esse— 
 
 Examination of witness on s8 
 
 INTOXICATING LIQUORS- - 
 (See Local Option.) 
 
 J 
 JAILS— 
 
 Regard for health in construction of 5 
 
 No commission of delivery issued 5 
 
 jeopardy- 
 No person put twice in life, etc ^ 4 
 
 JUDICIARY— 
 
 Courts of State 22 
 
 Number of Judges '. 23 
 
 Names of office 23 
 
 From where appointed ^.. 23 
 
 Residence > 23 
 
 Seniority , 23 
 
 Appointment of : 23 
 
 Consent of Senate 23 
 
 Term of office 23 
 
 Oath of office > 23 
 
 Vacancies when Senate not in session 23 
 
 Not more than three from same political party 23 
 
 Compensation > ■ -• 23 
 
 Not to hold other office of profit 23 
 
 Jurisdiction of Courts coextensive with State 27 
 
 Charge to juries 28 
 
 ^ ial by rourt 28 
 
 Limitation of error, exception 29 
 
 Style of process 31 
 
 Conservators of peace 46 
 
 Terms of judges continued until June 10 52 
 
 Transferor proceedings, books, etc 52 
 
 Retired judges, amount paid 53 
 
64 
 
 JUDICIARY— Continued. 
 
 Supreme Court — 
 
 Jurisdiction 25 
 
 Judges to sit ; 26 
 
 Quorum ^ 26 
 
 Appeal from Chancellor 26 
 
 Chancery — 
 
 Chancellor shall hold Court of 24 
 
 Jurisdiction and powers 24 
 
 Chancellor interested not to sit in 27 
 
 Absence or disability of Chancellor 27 
 
 Powers of General Assembly over 27-28 
 
 Appeals from , 28 
 
 Superior Court — 
 
 Of whom composed 24 
 
 Assignment, number to sit 24 
 
 Presiding j udge 24 
 
 Quorum 24 
 
 Opening and adjourning 24 
 
 Sessions 24 
 
 Jurisdiction and powers 24 
 
 Appeal to, from Orphans' Court 25 
 
 Powers' of judges 24-28 
 
 Amendment of pleadings 28 
 
 Interrogatories de bene esse 28 
 
 Evidence out of State 28 
 
 Payina; money into court 28 
 
 Prothonotary of, to issue process 29 
 
 Testatum fi ta 29 
 
 Appeals from 30 
 
 Appeal from Register's Court to 31 
 
 Election Returns — 
 
 Canvassing election returns 34 
 
 Who to compose court 35 
 
 Powers of court 35 
 
 Certificates 35 
 
 Beibery Cases — 
 
 Trial of 36 
 
 Appeal from decision 36 
 
 Supersedeas, surety 36 
 
 Meeting for adoption of rules for proceedings in 37 
 
 Verdict 38 
 
55 
 
 JUDICI ARY— Continued. 
 
 General Sessions— 
 
 Who shall compose 24 
 
 Assignment of judges 24 
 
 Quorum 24 
 
 Sessions 24 
 
 Jurisdiction and powers 24 
 
 Writ of error to 25 
 
 Appeals to 30 
 
 Oyer and Terminer — 
 
 Who shall compose 24 
 
 Quorum '. 24 
 
 Sessions 24 
 
 Jurisdiction and powers 24 
 
 Writ of error to 25 
 
 Orphans' Court — 
 
 Who compose 25 
 
 Quorum 25 
 
 Appeal from 25 
 
 Powers and jurisdiction 25 
 
 Probate of wills, etc., in, when Register is interested... 31 
 
 Exceptions to accounts of administrators, etc 31 
 
 Registers' Court — 
 
 Who to hold 30 
 
 Depositions and process 30 
 
 Register interested not to act 30 
 
 Accounts 31 
 
 Notice 31 
 
 Exceptions 31 
 
 Court in Bank — 
 
 When held 26 
 
 Of whom consist 26 
 
 Quorum 26 
 
 Judge Ad Litem — 
 
 When appointed 27 
 
 Term of office 27 
 
 Compensation 27 
 
 JURY— 
 
 Trial by 4 
 
 To determine facts and law in libel 4 
 
 Charge to 28 
 
66 
 
 JUSTICE OF THE PEACE— 
 
 Court of, established 22 
 
 General Assembly mav give jurisdiction in certain cases 30 
 
 Appeal 30. 
 
 Appointment of, consent of Senate 30 
 
 Term of office 30 
 
 Jurisdiction not affected 53 
 
 L 
 
 LAW OF THE LAND 5 
 
 LAWS— 
 
 Power of suspension of 5 
 
 Existing, to remain in force 54 
 
 LEGISLATURE— 
 
 (See General Assembly.) 
 
 LIEUTENANT GOVERNOR 13 
 
 El ection of 21 
 
 Term of office 21 
 
 Qualifications 21 
 
 Contested election of 17 
 
 President of Senate 21 
 
 Compensation 21 
 
 To become Governor, when 21 
 
 Office to become vacant 21 
 
 Member of Board of Pardons 40 
 
 LOCAL OPTION— 
 
 General Assembly to provide for submission to people.. 45 
 
 Districts 45 
 
 Laws to carry into force ^^- 
 
 LOTTERIES— 
 
 Prohibited j ^ 
 
 M 
 
 MANDAMUS— 
 
 Supreme Court to issue to courts 2 s 
 
 MEETING— 
 
 Right of citizens to ^ 
 
 MILITARY— 
 
 Subordination g 
 
67 
 
 o 
 
 OATH— 
 
 Of office 45 
 
 Form of 46 
 
 office- 
 No religious test for 4 
 
 Limitation of terms of 6 
 
 Disqualifications to hold 16 
 
 Qualifications for 19 
 
 Incompatible 19 
 
 Rei. loval from 19 
 
 Oath of 46 
 
 OFFICERS— 
 
 Governor to appoint what 18 
 
 Confirmation of Senate when required 18 
 
 Impeachment of. 39 
 
 To give receipt for fees 46 
 
 Terms and salaries not to be changed after election or 
 
 appointment 46 
 
 Condition of holding office 47 
 
 Removal for misbehavior or crime 47 
 
 Terms of in State and county offices 51 
 
 When terms commence 51 
 
 Terms of not affected 54 
 
 OYER AND TERMINER— 
 (See Judiciary.) 
 
 Commission of not to be issued 5 
 
 PARDONS (See Board of Pardons)— 
 
 Governor has power to grant 39 
 
 PAYING MONEY INTO COURT 28 
 
 PEACE— 
 
 Conservators of, who are 46 
 
 PERJURY— 
 
 False oath of voter 32 
 
 PLEADING— 
 
 Amendment of ^^ 
 
 PETITION— 
 
 Right of. 5 
 
68 
 
 POOL SELUNG— 
 
 Prohibited 15 
 
 POWER— 
 
 Inherent 3 
 
 PRESS— 
 
 Freedom of 4 
 
 PRESIDENT OF SENATE— 
 
 To receive and open returns of election of Got'ernor 17 
 
 Casting vote in case of tie in election of Governor by 
 
 General Assembly 17 
 
 To preside in trial of impeachment when 39 
 
 PRINTING— 
 
 Contracts for departments of government 47 
 
 PRISONERS— 
 
 Regard for health of 5 
 
 Bailable when : 5 
 
 Access of friends and counsel to 5 
 
 PROHIBITION— 
 
 Supreme Court to issue writs of ,.25 26 
 
 PROPERTY— 
 
 Right of 3 
 
 Not to be taken for public use withoufconsent and com- 
 pensation A 
 
 Remedy for injury to ^ 
 
 PROTHONOTARY— 
 
 Term of office 22 
 
 Election of 22 
 
 Commission of 22 
 
 Place of office 22 
 
 To issue process, take recognizance 29 
 
 Duties in matters of election returns ^a 
 
 PROSECUTIONS— 
 
 In name of State ,j 
 
 PUBLIC WORSHIP— 
 
 Duty of 3 
 
 PUNISHMENTS— 
 
 Cruel, not to be inflicted c 
 
69 
 
 R 
 
 REGISTER IN CHANCERY AND CLERK OF ORPHANS' 
 COURT— 
 
 Term of office 22 
 
 Election of 22 
 
 Commission of 22 
 
 Place of office 22 
 
 REGISTRATION— 
 
 Legislators to provide for 33 
 
 To be conclusive 33 
 
 When commenced 33 
 
 Personal applicat'on 33 
 
 Registration fee 33 
 
 Appeal 33 
 
 For what elections required 33 
 
 Existing laws to continue 33 
 
 REGISTER OF WILLS— 
 
 Term of office 22 
 
 Election of 22 
 
 Commission of 22 
 
 PI ace of office 22 
 
 Court established 22 
 
 Jurisdiction of, not affected 53 
 
 RELIGIOUS LIBERTY 3 
 
 RELIGIOUS TEST 4 
 
 REVENUE— 
 
 Bills for 40 
 
 Loans not to be made to county, municipality or cor- 
 poration , exception 41 
 
 Accounts of receipts and expenditures to be published 
 
 annually 41 
 
 RIGHTS— 
 
 Of worship, defense, reputation and property 3 
 
 ROADS- 
 
 Legislature not to pass local law s relating to 16 
 
 S 
 SCHOOLS— 
 
 General Assen.bly to provide for free 42 
 
 Annual payment in addition tc school fund 43 
 
70 
 
 SCHOOLS— Continued. 
 
 How apportioned 43 
 
 Expenses 43 
 
 Nx> aid to sectarian 43 
 
 Exemption from taxation 43 
 
 School fund, how used 43 
 
 Legislature not to pass local or special laws relating to 
 
 boundaries of districts 16 
 
 SCHOOL FUND— 
 (See Schools.) 
 
 SEARCHES AND SEIZURES— 
 
 People secure from unreasonable 4 
 
 SEARCH WARRANT 4 
 
 SECRETARY OF STATE— 
 
 Governor to appoint 18-19 
 
 Term of office 19 
 
 Duties 19 
 
 Compensation i g 
 
 Not to hold certain ofEces.. 19 
 
 To become Governor, when 21 
 
 Member of Board of Pardons ".. 40 
 
 To notify Governor of filing of recommendations of Board 
 
 of Pardons 40 
 
 SENATE— 
 
 To confirm apjjointments of Governor 18, 23, 44 45 
 
 Governor may convene, for executive business 20 
 
 To try impeachments 3g 
 
 SHERIFF- 
 
 Term of office 22 
 
 Election of 22 
 
 Commission 22 
 
 Place of oflBce 22 
 
 Not eligible to re election 22 
 
 Conservator of the peace in county 46 
 
 SOLDIERS— 
 
 Quartering 6 
 
 STATE- - 
 
 Suits against c 
 
71 
 
 STATE BOARD OF AGRICULTURE— 
 
 Established ,, 
 
 Composed of three commissioners ^.■1 
 
 Residence , quorum 4, 
 
 Appointment 44 
 
 Consen t of Senate ^^ 
 
 Terms 44 
 
 Vacancies 44 
 
 Powers of 44 
 
 Compensation of Commissioners 44 
 
 Duration of oflBce 44 
 
 STATE BOARD OF HEALTH— 
 
 General Assembly to provide for 44 
 
 STATE TREASURER— 
 
 Settlement of accounts of 16 
 
 Not eligible to seat in General Assembly until final set- 
 tlement 16 
 
 Term of office 22 
 
 Election 22 
 
 Commission 22 
 
 Member of Board of Pardons 40 
 
 To publish accounts of receipts and expenditures 41 
 
 STATIONERY AND SUPPLIES— 
 
 Of General Assembly and departments of government.. 15, 47 
 
 STATUTES— 
 
 To be public unless otherwise declared 16 
 
 STRAYS— 
 
 Legislature not to pass local laws relating to 16 
 
 STYLE OF PROCESS 31 
 
 SUICIDES— 
 
 Estates of to descend 5 
 
 SUPERSEDEAS— 
 
 Appeal and surety in bribery case 36 
 
 SUSPENDING LAWS 5 
 
 T 
 
 TAXATION— 
 
 Taxes to be uniform 4° 
 
 Bills for revenue 4° 
 
72 
 
 TAXATION— Continued. 
 
 Where to originate, amendments 4° 
 
 Capitation tax 4^ 
 
 Assessments •■•■ 4i 
 
 Exemption of scI-jooI. property from 43 
 
 TESTATUM FIERI FACIAS 29 
 
 TITLES OF NOBILITY 6 
 
 THE STATE OF DELAWARE— 
 
 Style of process 3i 
 
 TREASON— 
 
 What constitutes 39 
 
 Evidence ■ 39 
 
 V 
 
 VENUE— 
 
 Change of 5 
 
 VETO— 
 
 Governor to have power of 20 
 
 Passage over 20 
 
 Vote 20 
 
 Appropriation bills 20-2 1 
 
 VOTERS— 
 
 Qualifications of 32 
 
 To register 33 
 
 VOTING— 
 
 General Assembly to prescribe means of 31 
 
 Disqualifications 32 
 
 Challenge, Oath 32 
 
 W 
 WARRANT— 
 
 Search 4 
 
 WITNESSES— 
 
 Right cf accused to 4 
 
 WRIT OF ELECTION 13 
 
 WRIT OF ERROR(See Supreme Court) 25 
 
 Limitation of 29