This file was coded by Trisha Posey and checked by John Wallis on 8/27/2002 It is ready to go. *** CSTART DE 06/10/1897 99/99/9999 *** CONSTITUTION OF DELAWARE-1897 *** ASTART 9001.0 DE 1897 *** *** SSTART 001.00 9001.0 0 DE 1897 *** We the people, hereby ordain and establish this constitution of government for the State of Delaware. PREAMBLE Through Divine goodness, all men have by nature the 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 all just authority in the institutions of political society is derived from the people, 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. *** SEND *** *** AEND *** *** ASTART 001.00 DE 1897 *** ARTICLE I BILL OF RIGHTS *** SSTART 001.00 001.00 0 DE 1897 *** SECTION 1. Although it is the duty of all men frequently to assemble together for the public worship of Almighty God; 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 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 magistrate that shall in any case interfere with, or in any manner control the rights of conscience, in the free exercise of religious worship, nor a preference given by law to any religious societies, denominations, or modes of worship. *** SEND *** *** SSTART 002.00 001.00 0 DE 1897 *** SECTION 2. No religious test shall be required as a qualification to any office, or public trust, under this State. *** SEND *** *** SSTART 003.00 001.00 0 DE 1897 *** SECTION 3. All elections shall be free and equal. *** SEND *** *** SSTART 004.00 001.00 0 DE 1897 *** SECTION 4. Trial by jury shall be as heretofore. *** SEND *** *** SSTART 005.00 001.00 0 DE 1897 *** 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 any 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. *** SEND *** *** SSTART 006.00 001.00 0 DE 1897 *** SECTION 6. The people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as particularly as may be; nor then, unless there be probable cause supported by oath or affirmation. *** SEND *** *** SSTART 007.00 001.00 0 DE 1897 *** SECTION 7. In all criminal prosecutions, the accused hath a right to be heard by himself and his counsel, to be plainly and fully informed of the nature and cause of the accusation against him, to meet the witnesses 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 favor, and a speedy and public trial by an impartial jury; he shall not be compelled to give evidence against himself, nor shall he be deprived of life, liberty or property, unless by the judgment of his peers or by the law of the land. *** SEND *** *** SSTART 008.00 001.00 0 DE 1897 *** SECTION 8. No person shall for 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 limb; nor shall any man's property be taken or applied to public use without the consent of his representatives, and without compensation being made. *** SEND *** *** SSTART 009.00 001.00 0 DE 1897 *** SECTION 9. All courts shall be open; and every man for an injury done him in his reputation, person, movable or immovable possessions, shall have remedy by the due course of law, and justice administered according 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 impartial trial thereof cannot be had in that county. Suits may be brought against the State, according to such regulations as shall be made by law. *** SEND *** *** SSTART 010.00 001.00 0 DE 1897 *** SECTION 10. No power of suspending laws shall be exercised but by authority of the General Assembly. *** SEND *** *** SSTART 011.00 001.00 0 DE 1897 *** SECTION 11. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted; and in the construction of jails a proper regard shall be had to the health of Prisoners. *** SEND *** *** SSTART 012.00 001.00 0 DE 1897 *** SECTION 12. All prisoners shall be bailable by sufficient sureties, unless for capital offences when the proof is positive or the presumption great; and when persons are confined on accusation for such offences their friends and counsel may at proper seasons have access to them. *** SEND *** *** SSTART 013.00 001.00 0 DE 1897 *** SECTION 13. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. *** SEND *** *** SSTART 014.00 001.00 0 DE 1897 *** SECTION 14. No commission of oyer and terminer, or jail delivery, shall be issued. *** SEND *** *** SSTART 015.00 001.00 0 DE 1897 *** SECTION 15. No attainder shall work corruption of blood, nor except during the life of the offender forfeiture of estate. The estates of those who destroy their own lives shall descend or vest as in case of natural death, and if any person be killed by accident no forfeiture shall thereby be incurred. *** SEND *** *** SSTART 016.00 001.00 0 DE 1897 *** SECTION 16. Alth6ugh 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 governments of a republican form contravenes the social principles of such governments, founded on common consent for common good; yet the citizens have a right in an orderly manner to meet together, and to apply to persons intrusted with the powers of government, for redress grievances or other proper purposes, by petition, remonstrance or address. *** SEND *** *** SSTART 017.00 001.00 0 DE 1897 *** 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. *** SEND *** *** SSTART 018.00 001.00 0 DE 1897 *** SECTION 18. No soldier shall in time of peace be quartered in any house without the consent of the owner; nor in time of war but by a civil magistrate, in manner to be prescribed by law. *** SEND *** *** SSTART 019.00 001.00 0 DE 1897 *** SECTION 19. No hereditary distinction shall be granted, nor any office created or exercised, the appointment to which shall be for a longer term than during good behaviour; and no person holding any office under this State shall accept of any office or title of any king whatever from any king, prince, or foreign State. Ve declare that every thing in this article is reserved out of the general powers of government hereinafter mentioned. *** SEND *** *** AEND *** *** ASTART 002.00 DE 1897 *** ARTICLE II LEGISLATURE *** SSTART 001.00 002.00 0 DE 1897 *** SECTION 1. The legislative power of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives. *** SEND *** *** SSTART 002.00 002.00 0 DE 1897 *** SECTION 2. The House of Representatives shall be composed of thirty-five members, who shall be chosen for two years. The Senate shall be composed of seventeen members, who shall be chosen for four years. The State is hereby 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 Districts, numbered from one to fifteen inclusive; in Kent County, ten Representative Districts, numbered from one to ten inclusive; and in Sussex County, ten Representative Districts, numbered from one to ten inclusive. The State is also hereby divided into seventeen Senatorial Districts, from each of which shall be chosen, by the qualified electors thereof, one Senator. In New Castle County there shall be seven Senatorial Districts, numbered from one to seven inclusive; in Kent County, five Senatorial Districts, numbered from one to five inclusive; and in Sussex County, five Senatorial Districts, from one to five inclusive. The Representative Districts in New Castle County are and shall be as follows: Number One. All that portion of the City of Wilmington included within the Second 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 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 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 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 within the Tenth, Eleventh and Twelfth Wards, and that part of the Fifth Ward lying south of and bounded by a straight line including 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. Number Seven. Christiana Hundred. Number Eight. Mill Creek Hundred. Number Nine. White Clay Creek Hundred. Number Ten. New Castle Hundred. Number Eleven. Pencader Hundred. Number Twelve. Red Lion Hundred. Number Thirteen. St. Georges Hundred. Number Fourteen. Appoquinimink Hundred. Number Fifteen. Blackbird Hundred. The Representative Districts in Kent County are and shall be as follows: Number One. Duck Creek Hundred. Number Two. Little Creek Hundred and the First Election District of East Dover Hundred. Number Three. Kenton Hundred. 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 intersection of Kenton Hundred and East Dover Hundred, thence running 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 Hazlettville 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 along 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. Number Five. All that portion of East Dover Hundred not included in Districts numbers two and four. 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 Murderkill Hundred to the public road leading from Whiteleysburg to Harrington, thence running in a southeasterly and easterly direction along the middle of said public road to the public road leading from Masten's Corner to Nernon, at or near White's Church, thence running in a northeasterly 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 Harrington, thence running in a northerly direction along the middle 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 Dorman street in said town of Harrington, thence running in a northerly 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 northerly direction along the middle of the said Cowgill road to the road running from Woodside to DuPont's school house, thence running in a northwesterly direction along the middle of the said Reed road to DuPont's school house, thence running in a northerly direction along the middle of the public road running from Willow Grove, to Camden, a short distance to Stubb's Corner, thence running in a westerly and northwesterly and westerly direction along the middle of the public road leading from DuPont'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 southerly direction along the eastern boundary line of the State of Maryland to the place of beginning. Number Seven. All that portion of North Murderkill Hundred not included in District number six. Number Eight. All that portion of South Murderkill hundred not included in District number six. Number Nine. All that portion of Mispillion Hundred not included in District number six. Number Ten. Milford Hundred The Representative Districts in Sussex County are and shall be as follows: Number One. Cedar Creek Hundred. 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. 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 Hundred. Number Seven. Baltimore Hundred. Number Eight. Indian River Hundred. Number Nine. Georgetown Hundred. Number Ten. Broadkiln and Lewes and Rehoboth Hundreds. The Senatorial Districts in New Castle County are and shall be as follows: Number One. All that portion of the City of Wilmington lying north of and bounded by a straight line including the central line of Eighth street extending from the Delaware River to the westerly boundary of said city. Number Two. All that portion of the said city lying south of and bounded by the straight line aforesaid including the central line of Eighth street. Number Three. Brandywine Hundred, together with all that portion of Christiana Hundred lying north of and bounded by the central line of Lancaster Turnpike. Number Four. Mill Creek Hundred, together with all that 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 Hundred and New Castle Hundred. Number Six. Pencader Hundred and St. Georges Hundred. Number Seven. Appoquinimink Hundred and Blackbird Hundred. The Senatorial Districts in Kent County are and shall be as follows: Number One. The first and Second Representative Districts. Number Two. The third and fourth Representative Districts. Number Three. The fifth and seventh Representative Districts. Number Four. The sixth and ninth Representative Districts. Number Five. The eighth and tenth Representative Districts. The Senatorial Districts in Sussex County are and shall be as follows: Number One. The first and second Representative Districts. Number Two. The third and fourth Representative Districts. Number Three. The fifth and sixth Representative Districts. Number Four. The seventh and eighth Representative Districts. Number Five. The ninth and tenth Representative Districts. All territory which shall hereafter be added to and included within the city of Wilmington shall become part of the Representative Districts in New Castle County, as follows: All lying east of a straight line including the central line of 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 Representative District number one. All lying north of a straight line including the central line of Eighth street, as the same now exists, extending;; from the northeasterly side of Brandywine Creek to the Delaware River, or north of the Brandywine Creek, westerly from the point of intersection of the said straight line with the northeasterly side of the said Creek, shall become part of Representative District number two. All lying north of a straight line including the central line of Eighth street, as the same now exists, south of the Brandywine Creek, and west of the central line of Market street, as the same now exists, shall become part of Representative District number three. 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 four. 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. In case of any change in the boundary line between this State and the State of Pennsylvania any of the said Senatorial and Representative Districts in New Castle Count affected thereby shall conform to any new boundary line between the said States. All territory which shall hereafter be added to and included within the City of Wilmington shall become part of the Senatorial Districts in New Castle County as follows: All lying north of a straight line including the central line of Eighth street, extended from the Delaware River westwardly, shall become part of Senatorial District number one. All lying south of a straight line including the central line of Eighth street, extended from the Delaware River westwardly shall become part of Senatorial District number two. Whenever by the extension of the limits of the City of Wilmington territory forming part of any Representative or Senatorial District, as hereby established shall be included within the limits of said city, such Representative or Senatorial District shall thereafter consist of the residue thereof, not so included within said limits. The several Representative and Senatorial Districts in the State shall, except as herein otherwise provided, continue to be bounded, described and defined by the lines of the hundreds, wards, election district, public roads, railroad and other boundaries herein mentioned, as the same are now established and located. *** SEND *** *** SSTART 003.00 002.00 0 DE 1897 *** SECTION 3. No person shall be a Senator who shall not have attained the age of twenty-seven years and have been a citizen and inhabitant of the State three years next preceding the day of his election and the last year of that term and inhabitant of the Senatorial 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. No person shall be a Representative who shall not have attained the age of twenty-four years, and have been a citizen 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 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. *** SEND *** *** SSTART 004.00 002.00 0 DE 1897 *** SECTION 4. The General Assembly shall meet on the first Tuesday of January, biennially, and at such other times as the Governor shall convene the same. *** SEND *** *** SSTART 005.00 002.00 0 DE 1897 *** SECTION 5. The General Assembly shall meet and sit in Dover the capital of the State; provided, however, that in case of insurrection, conflagration or epidemic disease the General Assembly may temporarily meet and sit elsewhere. *** SEND *** *** SSTART 006.00 002.00 0 DE 1897 *** SECTION 6. Whenever there shall be a vacancy in either House of the General Assembly, by reason of failure to elect, ineligibility, death, resignation or otherwise, a writ of election 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 General Assembly is not in session, the Governor shall have power to issue a writ of election to fill such vacancy, which writ shall be executed as a writ issued by the presid- ing officer of either House in case of vacancy, and the person thereupon chosen to fill such vacancy shall hold office for the residue of the term. *** SEND *** *** SSTART 007.00 002.00 0 DE 1897 *** SECTION 7. The Senate at each biennial session shall choose one of its members president pro tempore, who shall preside in the absence of the Lieutenant-Governor, or in case the latter 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 officers and in the absence of the Lieutenant Governor and its president pro tempore may, from time to time, as occasion may 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. *** SEND *** *** SSTART 008.00 002.00 0 DE 1897 *** 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. *** SEND *** *** SSTART 009.00 002.00 0 DE 1897 *** SECTION 9. Each House may determine the rules of its proceedings, punish any of its members for disorderly behavior, and with the concurrence of two-thirds of all the members elected thereto expel a member, and shall have all other powers necessary for a branch of the Legislature of a free and independent State. *** SEND *** *** SSTART 010.00 002.00 0 DE 1897 *** SECTION 10. Each House shall keep a journal of its proceedings, 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 member, be entered on the journal. No bill or joint resolution, except 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. *** SEND *** *** SSTART 011.00 002.00 0 DE 1897 *** SECTION 11. The doors of each House, and of Committees of the Whole, shall be open unless when the business is such as ought to be kept secret. *** SEND *** *** SSTART 012.00 002.00 0 DE 1897 *** 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. *** SEND *** *** SSTART 013.00 002.00 0 DE 1897 *** SECTION 13. The Senators and Representatives shall, in 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. *** SEND *** *** SSTART 014.00 002.00 0 DE 1897 *** SECTION 14. No Senator or Representative shall, during the time for which he shall have been elected, be appointed to 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 6ffice 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, shall during his continuance in Congress or in office be a Senator or Representative; nor shall any person while concerned in any army or navy contract be a Senator or Representative. *** SEND *** *** SSTART 015.00 002.00 0 DE 1897 *** SECTION 15. The members of the General Assembly, except 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 them allowance of six dollars for each day of the session, not exceeding sixty days; and should they remain together in session they shall serve without compensation in case a special or extra session of the General 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 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 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. *** SEND *** *** SSTART 016.00 002.00 0 DE 1897 *** SECTION 16. No bill or joint resolution, except bills appropriating money for public purposes, shall embrace more than one subject, which shall be expressed in its title. *** SEND *** *** SSTART 017.00 002.00 0 DE 1897 *** SECTION 17. Lotteries, the sale of lottery tickets, pool selling and all other forms of gambling are prohibited in this State. The General Assembly shall enforce this section by appropriate legislation. *** SEND *** *** SSTART 018.00 002.00 0 DE 1897 *** SECTION 18. No divorce shall be granted., nor alimony allowed, except by the judgment of a court as shall be prescribed by general and uniform law. *** SEND *** *** SSTART 019.00 002.00 0 DE 1897 *** 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 districts; or the laying out, opening, alteration, maintenance or vacation, in whole or in part, of any road, highway, street, lane or alley. *** SEND *** *** SSTART 020.00 002.00 0 DE 1897 *** SECTION 20. Any member 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. *** SEND *** *** SSTART 021.00 002.00 0 DE 1897 *** SECTION 21. No person who shall be convicted of embezzlement of the public money, bribery, perjury or other infamous crime, shall be eligible to a seat in either House of the General Assembly, or capable of holding any office of trust, honor or profit under this State. *** SEND *** *** SSTART 022.00 002.00 0 DE 1897 *** SECTION 22. Every person who shall give, offer or promise, 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 for the purpose of influencing him in the performance of any of his official or public duties shall be deemed guilty of bribery, and shall he punished in such manner as shall be provided by law. *** SEND *** *** SSTART 023.00 002.00 0 DE 1897 *** SECTION 23. Every statute shall be a public law unless otherwise declared in the statute itself. *** SEND *** *** SSTART 024.00 002.00 0 DE 1897 *** SECTION 24. The State Treasurer shall settle his accounts annually with the General Assembly 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 a seat in either House of the General Assembly until he shall have made a final settlement of his accounts as treasurer and discharged the balance, if any, due thereon. *** SEND *** *** AEND *** *** ASTART 003.00 DE 1897 *** ARTICLE III EXECUTIVE *** SSTART 001.00 003.00 0 DE 1897 *** SECTION 1. The supreme executive powers of the State shall be vested in a Governor. *** SEND *** *** SSTART 002.00 003.00 0 DE 1897 *** SECTION 2. The Governor shall be chosen by the qualified electors of the State, once in every four years, at the general election. *** SEND *** *** SSTART 003.00 003.00 0 DE 1897 *** SECTION 3. The returns of every election for Governor 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 until 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 Assembly. Duplicates of the said returns shall also be immediately lodged with the Prothonotary of each county. The person having the highest, number of votes shall be Governor; but if two or more shall be equal in the highest number of votes, 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. *** SEND *** *** SSTART 004.00 003.00 0 DE 1897 *** SECTION 4. Contested elections of the Governor or Lieutenant-Governor shall be determined by a joint committee, consisting of one-third of all the members elected to each House of the General Assembly, to be selected by ballot of the Houses respectively. Every member of the committee shall take an oath or affirmation that in determining the said election he will faithfully discharge the trust reposed in him; and the committee shall always sit with open doors. The Chief Justice, or, in case of his absence or disability, the 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. *** SEND *** *** SSTART 005.00 003.00 0 DE 1897 *** SECTION 5. The Governor shall hold his office during four years from the third Tuesday in January next ensuing his election; and shall not be elected a third time to said office. *** SEND *** *** SSTART 006.00 003.00 0 DE 1897 *** 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. *** SEND *** *** SSTART 007.00 003.00 0 DE 1897 *** SECTION 7. The Governor shall, at stated times, receive for his 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. *** SEND *** *** SSTART 008.00 003.00 0 DE 1897 *** 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. *** SEND *** *** SSTART 009.00 003.00 0 DE 1897 *** 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 offices to which he may appoint, except in the offices of Chancellor, Chief Justice and Associate Judges, by granting Commissions which shall expire at the end of the next session of the Senate. He shall have power to fill all vacancies that may happen in elective offices, except in the offices of Lieutenant-Governor and members of the General Assembly, by granting Commissions which shall expire when their successors shall be duly qualified. In case of vacancy in an elective office, except as aforesaid, a person shall be chosen to said office 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. Unless herein otherwise provided, confirmation by the Senate of officers appointed by the Governor shall be required only where the salary, fees and emoluments of office shall exceed the sum of five hundred dollars annually. *** SEND *** *** SSTART 010.00 003.00 0 DE 1897 *** 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 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 service to be fixed by law. *** SEND *** *** SSTART 011.00 003.00 0 DE 1897 *** SECTION 11. No person shall be elected or appointed to an 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 exercising 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, Sheriff or Coroner. *** SEND *** *** SSTART 012.00 003.00 0 DE 1897 *** SECTION 12. All Commissions shall be in the name of the State, and shall be sealed with the great seal and signed by the Governor. *** SEND *** *** SSTART 013.00 003.00 0 DE 1897 *** SECTION 13. The Governor may for any reasonable cause remove any officer, except the Lieutenant 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. *** SEND *** *** SSTART 014.00 003.00 0 DE 1897 *** SECTION 14. The Governor may require information in writing from the officers in the executive department, upon any subject relating to the duties of their respective offices. *** SEND *** *** SSTART 015.00 003.00 0 DE 1897 *** SECTION 15. He shall, from time to time, give to the General Assembly information of affairs concerning the state and recommend to its consideration such measures as he shall judge expedient. *** SEND *** *** SSTART 016.00 003.00 0 DE 1897 *** SECTION 16. He may on extraordinary occasions convene the General Assembly by proclamation; and in case of disagreement between the two Houses with respect to the time of adjournment, 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. *** SEND *** *** SSTART 017.00 003.00 0 DE 1897 *** SECTION 17. He shall take care that the laws be faithfully executed. *** SEND *** *** SSTART 018.00 003.00 0 DE 1897 *** 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 large on the journal and proceed to reconsider 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 reconsidered, 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 Assembly shall, by adjournment, prevent its return, in which case it shall not become law without the approval of the Governor. No bill shall become 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 money, 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 of other bills, over the Executive veto. Every order, resolution, or vote to which the concurrence of both Houses of the General Assembly may be necessary, except on a question of adjournment, shall be presented to the Governor, and before the same shall take effect be approved by him, or being disapproved by 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 prescribed in the case of a bill. *** SEND *** *** SSTART 019.00 003.00 0 DE 1897 *** SECTION 19. A Lieutenant-Governor shall be chosen at the same time, in the same manner, for the same term, and subject to the same provisions as the Governor; he shall possess the same qualifications of eligibility for office as the Governor; he shall be President of the Senate, but shall have no vote unless the Senate be equally divided. The Lieutenant Governor while acting as President of the Senate, or as member of the Board of Pardons, whenever attending the sessions of said Board, shall receive for his services the same compensation per day as the Speaker of the House of Representatives. *** SEND *** *** SSTART 020.00 003.00 0 DE 1897 *** SECTION 20. In case the person elected Governor shall die or become disqualified before the commencement of his term of office, or shall refuse to take the same, or in case of the removal of the Governor from office, or of his death, resignation, 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 none, or in case of his removal, death, resignation, or inability, then the Attorney-General, or if there be none, or in case of his removal, death, resignation, or inability, then the President pro tempore of the Senate, or if there be none, or in case of his removal, death, resignation, or inability, then the Speaker of the House of Represent shall act as Governor until the disability 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 to such persons as are eligible to the office of Governor under this Constitution at the time the powers and duties of the office of Governor shall devolve upon them respectively. Whenever the powers and duties of the office of Governor shall devolve upon the Lieutenant- Governor, Secretary of State, or Attorney-General, his office shall become vacant; and whenever the powers and duties of the office of Governor shall devolve 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 Con- stitution; provided, however, that such vacancy shall not be created in case either of the said persons shall be acting as Governor during a temporary disability of the Governor. *** SEND *** *** SSTART 021.00 003.00 0 DE 1897 *** 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. *** SEND *** *** SSTART 022.00 003.00 0 DE 1897 *** SECTION 22. The terms of office of Prothonotaries, Clerks of the Peace, Registers of Wills, Recorders, Registers in Chancery 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. No person shall be twice elected Sheriff in any term of four years. *** SEND *** *** SSTART 023.00 003.00 0 DE 1897 *** SECTION 23. Prothonotaries, Clerks of the Peace, Registers 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. *** SEND *** *** AEND *** *** ASTART 004.00 DE 1897 *** ARTICLE IV JUDICIARY *** SSTART 001.00 004.00 0 DE 1897 *** SECTION 1. 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. *** SEND *** *** SSTART 002.00 004.00 0 DE 1897 *** SECTION 2. There shall be six State Judges who shall be 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 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 one of them shall reside in each county. In case the commissions of two or more of the Associate Judges shall be of the same date, they shall, as soon as conveniently may be after their appointment, determine their seniority by lot, and certify the result to the Governor. *** SEND *** *** SSTART 003.00 004.00 0 DE 1897 *** SECTION 3. The Chancellor, Chief Justice and Associate 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 Chancellor, Chief Justice and Associate Judges first to be appointed under this amended Constitution, shall be appointed by the Governor without the consent of the Senate, for the term of twelve years; and the persons so appointed shall enter upon the discharge of the duties of their respective offices upon taking the oath of office prescribed by this amended Constitution. If a vacancy shall occur, by expiration of term or otherwise, at a time when the Senate shall not be in session, the Governor shall within thirty days after the happening of any such vacancy convene the Senate, for the term of twelve years; and the persons so appointed vacancy, and the transaction of such other executive business as may come before it. Such vacancy shall be filled as aforesaid for the ful term. The said appointment shall be such that no more than three of the said five law judges, in office at the same time, shall have been appointed from the same political party. *** SEND *** *** SSTART 004.00 004.00 0 DE 1897 *** SECTION 4. The Chancellor, Chief Justice and Associate 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 dollars, and they shall not receive any fees or perquisites in addition to their salaries for business done by them except as provided by law. They shall hold no other office of profit. *** SEND *** *** SSTART 005.00 004.00 0 DE 1897 *** SECTION 5. The Chief Justice and the four Associate Judges shall compose the Superior Court, the Court of General Sessions and the Court of Oyer and Terminer, as hereinafter prescribed. The said five judges shall designate those of their number who shall hold the said courts in the several counties. Whenever 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 Justice 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 and Terminer, where three shall constitute a quorum. One may open and adjourn court. *** SEND *** *** SSTART 006.00 004.00 0 DE 1897 *** SECTION 6. Two sessions 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 in such manner as shall be provided by the rules of the said courts respectively. *** SEND *** *** SSTART 007.00 004.00 0 DE 1897 *** SECTION 7. The Superior Court shall have, jurisdiction of all causes of a civil nature, real, personal and mixed, at common law and all other the Jurisdiction and powers vested by the laws of this State in the Superior Court. *** SEND *** *** SSTART 008.00 004.00 0 DE 1897 *** SECTION 8. The Court of General Sessions shall have all the jurisdiction and powers vested by the laws of this State in the Court of General Sessions of the Peace and Jail Delivery. *** SEND *** *** SSTART 009.00 004.00 0 DE 1897 *** SECTION 9. 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. *** SEND *** *** SSTART 010.00 004.00 0 DE 1897 *** SECTION 10. The Chancellor shall hold the Court of Chancery. This court shall have all the jurisdiction and powers vested by the laws of this State in the Court of Chancery. *** SEND *** *** SSTART 011.00 004.00 0 DE 1897 *** SECTION 11. The Orphans' Court in each County shall consist of the Chancellor and the resident Associate Judge of the county. The Chancellor when present shall preside. One of them shall constitute a 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 affecting guardians or guardians' accounts, there shall be an appeal to the Superior Court for the county, which shall have 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. This court shall have all the jurisdiction and powers vested by the laws of this State in the Orphans' Court. *** SEND *** *** SSTART 012.01 004.00 0 DE 1897 *** SECTION 12. The Supreme Court shall have jurisdiction as follows: (1) To issue writs of error to the Superior Court and to determine finally all matters in error in the judgments and proceedings of said Superior Court. *** SEND *** *** SSTART 012.02 004.00 0 DE 1897 *** (2) To issue upon application of the accused, after conviction 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 eases; provided, 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. *** SEND *** *** SSTART 012.03 004.00 0 DE 1897 *** (3) To receive appeals from the Court of General Sessions in cases of prosecution under Section 8 of Article V of this Constitution, and to determine finally all matters of appeal in such cases. *** SEND *** *** SSTART 012.04 004.00 0 DE 1897 *** (4) To receive appeals from the Court of Chancery, and to determine finally all matters of appeals in the interlocutory or final decrees and to proceedings in chancery. *** SEND *** *** SSTART 012.05 004.00 0 DE 1897 *** (5) To issue writs of prohibition, certiorari and mandamus to the Superior Court, the Court of Oyer and Terminer, the Court of General Sessions, the Court of Chancery and the Orphans' 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 of 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. *** SEND *** *** SSTART 013.00 004.00 0 DE 1897 *** 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 Associate Judge present shall preside. Any three of them shall constitute a quorum, and one of them may open and adjourn court. *** SEND *** *** SSTART 014.00 004.00 0 DE 1897 *** 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 absence the senior Associate Judge present shall preside. Any three of them shall constitute a quorum, and one of them may open and adjourn court. *** SEND *** *** SSTART 015.00 004.00 0 DE 1897 *** SECTION 15. Whenever the Superior Court, Court of Over 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 that four Associate Judges. The Chief Justice when present shall preside, and in his absence 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. *** SEND *** *** SSTART 016.00 004.00 0 DE 1897 *** SECTION 16. In matters of chancery jurisdiction in which the Chancellor is interested or otherwise disqualified, the Chief Justice shall have jurisdiction, and there shall be an appeal to 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. *** SEND *** *** SSTART 017.00 004.00 0 DE 1897 *** SECTION 17. The Chief Justice, or, in case of his absence from the State or disability, the senior Associate Judge, shall have power during the absence of the Chancellor from the State or his temporary disability, to grant restraining orders and preliminary injunctions, pursuant to the rules of the Court of Chancery; provided, that nothing herein contained shall be construed to confer general jurisdiction over the case. *** SEND *** *** SSTART 018.00 004.00 0 DE 1897 *** SECTION 18. The Governor shall have power to commission a judge ad litem for the purpose of constituting a quorum in the Superior Court, Court of Oyer and Terminer Court of General Sessions or Supreme Court, where by reason of legal exception to the Chancellor or any judge or for other cause a quorum could not otherwise be had. The commission in such case shall confine the office to the cause, and it shall expire on the determination of the cause. The judge so appointed shall receive a reasonable compensation to be fixed by the General Assembly. A member of Congress, or any person holding or exercising an office under the United States, shall not be disqualified from being appointed a judge ad litem. *** SEND *** *** SSTART 019.00 004.00 0 DE 1897 *** SECTION 19. The jurisdiction of each of the aforesaid courts shall be co-extensive with the State. Process may be issued out of each court, in either county, into every county. No costs shall be awarded against 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. *** SEND *** *** SSTART 020.00 004.00 0 DE 1897 *** SECTION 20. The General Assembly, notwithstanding anything contained in this Article, shall have power to repeal or 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 Superior Court, the Court of General Sessions, the Orphans' Court and the Court of Chancery jurisdiction and powers in addition to those hereinbefore mentioned. Until the General Assembly 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. *** SEND *** *** SSTART 021.00 004.00 0 DE 1897 *** 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 Justice and Associate Judges shall each singly exercise all the powers which any law of this State vests in the judges singly of the Superior Court. *** SEND *** *** SSTART 022.00 004.00 0 DE 1897 *** SECTION 22. Judges shall not charge juries with respect to matters of fact, but may state the questions of fact in issue and declare the law. *** SEND *** *** SSTART 023.00 004.00 0 DE 1897 *** SECTION 23. In civil causes where 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. *** SEND *** *** SSTART 024.00 004.00 0 DE 1897 *** 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 determination 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, upon interrogatories de bene esse, to be read in 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 attend; and also the power of obtaining evidence from places not within the State. *** SEND *** *** SSTART 025.00 004.00 0 DE 1897 *** SECTION 25. At any time pending an action for debt or damages, the defendant may bring into court a sum of money for discharging the same, together with the costs then accrued, and the plaintiff not accepting the same, if upon the 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 administrator. *** SEND *** *** SSTART 026.00 004.00 0 DE 1897 *** SECTION 26. By the death of any party, no suit in chancery 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 administrator 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. *** SEND *** *** SSTART 027.00 004.00 0 DE 1897 *** SECTION 27. Whenever a person, not being an executor or administrator, appeals from a decree of the Chancellor, or applies for a writ of error, such appeal or writ shall be no stay of proceeding in chancery, or the court to which the writ issues, unless the appellant or plaintiff in error shall give sufficient security, to be approved respectively by the Chancellor, or by a judge of the court from which the writ issues, that the appellant or plaintiff in error shall prosecute respectively his appeal or writ to effect and pay the condemnation money an all costs, or otherwise abide he decree in appeal or the judgment in error, if he fails to make his plea good. *** SEND *** *** SSTART 028.00 004.00 0 DE 1897 *** SECTION 28. No writ of error shall be brought upon any 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 thereof; unless the person entitled to such writ be an infant, feme covert, non compos mentis, or a prisoner, and then within five years exclusive of the time of such disability. *** SEND *** *** SSTART 029.00 004.00 0 DE 1897 *** SECTION 29. The Prothonotary of the Superior Court may issue process, take recognizances of bail and enter judgments, according to law and the practice of the court. No judgment in one county shall bind lands or tenements in another, until a testatum fieri facias being issued, shall be entered of record in the office of the Prothonotary of the county wherein the lands or tenements are situate. *** SEND *** *** SSTART 030.00 004.00 0 DE 1897 *** SECTION30. The General Assembly may by law give to 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, rum, brandy, gin, whiskey, or spirituous or mixed liquors, contrary to law, carrying concealed a deadly weapon, disturbing meetings held for the purpose of religious worship, nuisances, and such other misdemeanors as the General Assembly may from time to time, with the concurrence of two-thirds of all the members elected to each House prescribe. The General Assembly may by law regulate this jurisdiction, and provide that the proceedings shall be with or without indictment by grand jury, or trial by petit jury, and may grant or deny the privilege of appeal to the Court of General Sessions; provided, however that there shall be an appeal to the Court of General Sessions in all cases in which the sentence shall be imprisonment exceeding one month, or a fine exceeding one hundred dollars. *** SEND *** *** SSTART 031.00 004.00 0 DE 1897 *** SECTION 31. There shall be appointed, as hereinafter provided, such number of persons to the office of Justice of the Peace as shall be directed by law, who shall be commissioned for four years. *** SEND *** *** SSTART 032.00 004.00 0 DE 1897 *** SECTION 32. Justices of the Peace and the judges of such courts as the General Assembly may establish pursuant to the provisions of Section 1 or Section 30 of this Article shall be appointed 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. *** SEND *** *** SSTART 033.00 004.00 0 DE 1897 *** SECTION 33. The Registers of Wills of the several counties shall respectively hold the Registers 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 throughout 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 probate of wills, the granting of letters of administration or executors' or administrators' accounts, the cognizance thereof shall belong to the Orphans' Court, with an appeal to the Superior Court, whose decision shall be final. *** SEND *** *** SSTART 034.00 004.00 0 DE 1897 *** SECTION 34. An executor or administrator shall file every account with the Register of Wills for the county, who shall, as soon as conveniently may be, carefully examine the particulars with the roofs thereof, in the presence of such executor or administrator and shall adjust and settle the same according to the right of the matter and the law of the land; which account so settled shall remain in his office 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 estate, 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 both sides of every such account, either denying the justice of the allowances 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 settled according to the right of the matter and law of the land. *** SEND *** *** SSTART 035.00 004.00 0 DE 1897 *** SECTION 35. The style in all process and public acts shall be the State of Delaware. Prosecutions shall be carried on in the name of the State. *** SEND *** *** AEND *** *** ASTART 005.00 DE 1897 *** ARTICLE V ELECTIONS *** SSTART 001.00 005.00 0 DE 1897 *** SECTION 1. The general election shall be held biennially on the Tuesday next after the first Monday in the month of November, and shall be by ballot; but the General Assembly may 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. *** SEND *** *** SSTART 002.00 005.00 0 DE 1897 *** SECTION 2. Every male citizen of this State of the age of twenty-one years who shall have been a resident thereof one year next preceding an election, and for the last three months a resident of the county, and for the last thirty days 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 hundred or election district of which he shall at the time be a resident, and in which he shall be registered, for all officers that now are or hereafter may be elected by the people and upon all questions which may be submitted to the vote of the people; provided, however, that no person who shall attain the age of twenty-one years after the first day of January, in the year of our Lord, nineteen hundred, or after that date shall become a citizen of the United States, shall have the right to vote unless he shall be able to read this Constitution in the English language and write his name; but these requirements shall not apply to any person who by reason of physical disability shall be unable to comply therewith; and provided also, that no person in the military, naval, or marine service of the United States shall be considered as acquiring a residence in this State, by being stationed in any garrison, barrack, or military or naval place or station within this State; and no idiot or insane person, pauper, or person convicted of a crime deemed by law felon or incapacitated under the provisions 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. *** SEND *** *** SSTART 003.00 005.00 0 DE 1897 *** SECTION 3. No person who shall receive or accept, or offer to receive or accept, or shall pay, transfer, or deliver, or offer or promise 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 purpose shall receive his vote, shall swear or 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 influencing the giving or withholding, a vote at such election. Such oath or affirmation shall be conclusive evidence to the election officers of the truth of such oath or affirmation; 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. *** SEND *** *** SSTART 004.00 005.00 0 DE 1897 *** SECTION. 4. The General Assembly shall provide by law for a uniform biennial registration of the names of all the voters in this State who possess the qualifications prescribed in this Article, which registration shall be conclusive evidence to the election officers 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 registered upon personal application only; and each voter shall, at the time of his registration, pay a registration 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 names from the registration list, an person interested or an registration officer, may appeal to the resident Associate Judge of the county, or in case of his disability or absence from the county, to any judge entitled to sit in the Supreme Court, whose determination 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 this Article, shall continue in force until the General Assembly shall otherwise provide. *** SEND *** *** SSTART 005.00 005.00 0 DE 1897 *** 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. *** SEND *** *** SSTART 006.00 005.00 0 DE 1897 *** SECTION6. The presiding election officer of each hundred or election district, on the day next after the general election, shall deliver one of the certificates of the election, made and certified 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 Prothonotary of 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 officers 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 shall 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 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 mistake in any such certificate, or in case fraud or mistake is apparent on the face of any 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 take therefrom any paper contained therein, and to make a record 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 said court in the form required by law, and transmit, deliver and lodge the same as required by, this Constitution or by law, and deliver the ballot boxes to the sheriff of the county, to be by him kept and delivered as required by law. No act or determination of the court in the discharge of the duties imposed upon it by this section shall be conclusive in the trial of any contested election. For the purposes of this section the Superior Court shall consist in New Castle County of the Chief Justice and the resident 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 when by reason of legal exception to the Chancellor or any judge, or for any other cause, a quorum could not otherwise be had. *** SEND *** *** SSTART 007.00 005.00 0 DE 1897 *** SECTION 7. Every person who either in or out of. the State shall receive or accept , or offer to receive or accept, or shall pay, transfer or deliver or offer or promise 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 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 indirectly 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 valuable thing, or otherwise, cause or attempt to cause any officer 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 person to be registered or abstain from being registered; or who, being an officer of election or registration officer, shall knowingly and willfully 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 being registered or any person qualified to vote from voting according to his choice at any such general, special or municipal election, shall be deemed 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 imprisonment within said limits, at the discretion of the court; and, if a male, shall further for a term of ten years next following his sentence be incapable of voting at any such general, special, municipal or primary election or convention or meeting; but the penalty of disfranchisement shall not apply to any person making or being a party to any bet or wager depending on upon the result of any such general, special, municipal or primary election or convention or meeting. Every person charged with the commission while out of the State of any of the offences enumerated in this section, and this section made punishable, whether committed 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 permitted 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 proceeding, except for perjury in giving such testimony. *** SEND *** *** SSTART 008.00 005.00 0 DE 1897 *** SECTION 8. Every prosecution for any of the offenses mentioned 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 appeal; 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 reversing the judgment below. If the appellant shall fail to prosecute his appeal pursuant to the rules and practice hereinafter provided for, the Supreme Court shall affirm the judgment of the court below. Where the sentence in the court below includes a term of imprisonment and an appeal bond is given and approved in the manner aforesaid, the Supreme Court, if it affirm the judgment below, shall sentence the appellant to a term of imprisonment 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 read 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 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 rendering. If the Supreme Court shall reverse any judgment of the court below imposing a fine, and if the accused shall have fully paid such fine and the costs of prosecution, the amount thereof shall be refunded to the appellant through a warrant drawn by the court below on the treasurer of the county in which the accused was sentenced. All the judges entitled to sit in the Supreme Court shall, as soon as conveniently may be, meet at the usual place of sitting of said court, and they, or a majority of them, shall adopt rules prescribing the forms and conditions of appeal bonds to be used under the provisions of this section, and the manner of certifying copies thereof, providing for the printing or reduction to writing of all oral 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 evidence 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 necessary to give full effect to the provisions of this section; and regulating 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, prescribed by them, to any judge entitled to sit in the Supreme Court, that any offense mentioned in Section 7 of this Article has been committed in the county in which such judge shall resides, 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 the this State and brought before him, and to bind him with sufficient surety, or, for want of bail, commit him for his appearance and answer at the next term of the Court of General Sessions in such manner and under and pursuant to such rules and regulations as the said judges, or a majority of them, shall prescribe. From time to time 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 be, 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 adjudged guilty of an 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 affirmance of the judgment of the court below where the appellant shall fail to prosecute his appeal pursuant to the rules and practice herein provided for. *** SEND *** *** SSTART 009.00 005.00 0 DE 1897 *** SECTION 9. The enumeration of the offenses mentioned in Section 7 of this Article shall not preclude the General Assembly from defining and providing for the punishment of other offenses against the freedom and purity of the ballot, or touching the conduct, returns or ascertainment of the result of general, special or municipal elections or of primary elections, conventions or meetings held for the nomination of candidates to be voted for at general, special or municipal elections. No prosecution under any act of the General Assembly passed pursuant to this section shall be subject to the provisions of Section 8 of this Article. *** SEND *** *** AEND *** *** ASTART 006.00 DE 1897 *** ARTICLE VI IMPEACHMENT AND TREASON *** SSTART 001.00 006.00 0 DE 1897 *** SECTION 1. The House of Representatives shall have the sole power of impeaching; but two- thirds of all the members must concur in an impeachment. All impeachments shall be tried by the Senate, and when sitting for that purpose, the Senators shall be upon oath or affirmation to do justice according to the evidence. No person shall be convicted without the concurrence of two- thirds of all the Senators. On the trial of an impeachment against the Governor or Lieutenant-Governor, the Chief Justice, or, in case of his absence or disability, the Chancellor shall preside; and on the trial of all other impeachments the President of the Senate shall reside. *** SEND *** *** SSTART 002.00 006.00 0 DE 1897 *** SECTION 2. The Governor and all other civil officers under this State shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office. Judgment in such 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 subject to indictment, trial, judgment and punishment according to law. *** SEND *** *** SSTART 003.00 006.00 0 DE 1897 *** SECTION 3. Treason against this State shall consist only in levying war against it, or in adhering to the enemies of the Government, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. *** SEND *** *** AEND *** *** ASTART 007.00 DE 1897 *** ARTICLE VII PARDONS *** SSTART 001.00 007.00 0 DE 1897 *** SECTION 1. The Governor shall have power to remit fines and forfeitures and to grant reprieves, commutations of sentence and pardons, except in cases of impeachment; but no pardon, or reprieve for more than six months, shall be granted, nor sentence commuted, except upon the recommendation in writing of a majority of the Board of Pardons after full hearing; and such recommendation, with the reasons therefore 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, pardons and remissions, to be entered in the register of his official acts and laid before the General Assembly at its next session. *** SEND *** *** SSTART 002.00 007.00 0 DE 1897 *** SECTION 2. The Board of Pardons shall be composed of the Chancellor, Lieutenant-Governor, Secretary of State, State Treasurer and Auditor of Accounts. *** SEND *** *** SSTART 003.00 007.00 0 DE 1897 *** SECTION 3. The said board may require information from the Attorney-General upon any subject relating to the duties of said board. *** SEND *** *** AEND *** *** ASTART 008.00 DE 1897 *** ARTICLE VIII REVENUE AND TAXATION *** SSTART 001.00 008.00 0 DE 1897 *** SECTION 1. 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 by general laws exempt from taxation such property as in the opinion of the General Assembly will best promote the public welfare. *** SEND *** *** SSTART 002.00 008.00 0 DE 1897 *** SECTION 2. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose alterations 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 matter 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. *** SEND *** *** SSTART 003.00 008.00 0 DE 1897 *** SECTION 3. No money shall be borrowed or debt created by or on 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 deficiencies of revenue, repel invasion, suppress insurrection, defend the State in war, or pay existing debts; and 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 borrowed, and the money so borrowed shall be used exclusively for such purpose; but should the money so borrowed or any part thereof be left after the abandonment of such purpose or the accomplishment thereof, such money, or the surplus thereof, may be disposed of according to law. *** SEND *** *** SSTART 004.00 008.00 0 DE 1897 *** SECTION 4. No appropriation of the public money shall be made to, nor the bonds of this State be issued or loaned to any county, municipality or corporation, nor shall the credit of the State, by the guarantee or the endorsement of the bonds of other undertakings of any county, municipality or corporation, be pledged otherwise in pursuant to an Act of the General Assembly, passed with the concurrence of three-fourths of all the members elected to each House. *** SEND *** *** SSTART 005.00 008.00 0 DE 1897 *** SECTION 5. The General Assembly shall provide for levying and collecting a capitation tax from every male citizen of the State of the age of twenty-one years or upwards; but such tax to be collected in any county shall be uniform throughout that county, and such capitation tax shall be used exclusively in the county in which it is collected. *** SEND *** *** SSTART 006.00 008.00 0 DE 1897 *** SECTION 6. No money shall be drawn from the treasury but pursuant to an appropriation made by Act of the General Assembly; provided, however, that the compensation of the members of the General Assembly and all expenses connected with the session thereof may be paid out of the treasury pursuant to resolution in that behalf; a regular account of the receipts and expenditures of all public money shall be published annually. *** SEND *** *** SSTART 007.00 008.00 0 DE 1897 *** SECTION 7. In all assessments of the value of real estate for taxation, the value of the land and the value of the buildings and improvements thereon shall be 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 improvements thereon shall be included. The foregoing provisions of this section shall apply to all assessments of the value of real estate or of the rental value thereof for taxation for State, county, hundred, school, municipal or other public purposes. *** SEND *** *** SSTART 008.00 008.00 0 DE 1897 *** SECTION 8. No county, city, town or other municipality shall lend its credit or appropriate money to, or assume the debt of, or become a shareholder or joint owner in or with any private corporation or any person or company whatever. *** SEND *** *** AEND *** *** ASTART 009.00 DE 1897 *** ARTICLE IX CORPORATIONS *** SSTART 001.00 009.00 0 DE 1897 *** SECTION 1. No corporation shall hereafter be created, amended, renewed or revived by special act, but only by or under general law, nor shall any existing corporate charter be amended, renewed or revived by special act, but by or under general law; but the foregoing provisions shall not apply to municipal corporations, bank, or corporations for charitable, penal, reformatory, or educational purposes, sustained in whole or in part by the State. The General Assembly shall, by general law, provide for the revocation or forfeiture of the charters of all corporations for the abuse, misuse, or non-user of their corporate powers, privileges or franchises. Any proceeding for such revocation or forfeiture, shall be taken by the Attorney-General, as may be provided by law. No general incorporation law, nor any special act of incorporation, shall be enacted without the concurrence of two-thirds of all the members elected to each House of the General Assembly. *** SEND *** *** SSTART 002.00 009.00 0 DE 1897 *** SECTION 2. No corporation in existence at the adoption of this Constitution shall have its charter amended or renewed without first filing, under the corporate seal of said corporation, and duly attested, in the office of the Secretary of State, an acceptance of the provisions of this Constitution. *** SEND *** *** SSTART 003.00 009.00 0 DE 1897 *** 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; and neither labor nor property shall be received in payment of stock at a greater price than the actual value at the time the said labor was done or property delivered, or title acquired. *** SEND *** *** SSTART 004.00 009.00 0 DE 1897 *** SECTION 4. The rights, privileges, immunities and estates of religious societies and corporate bodies, except as herein otherwise provided, shall remain as if the Constitution of this State had not been altered. *** SEND *** *** SSTART 005.00 009.00 0 DE 1897 *** SECTION 5. No foreign corporation shall do any business in this State through or by branch offices, agents or representatives located in this State, without having an authorized agent, or agents in the State upon whom legal process may be served. *** SEND *** *** SSTART 006.00 009.00 0 DE 1897 *** SECTION 6. In all elections for directors or managers of stock corporations each shareholder shall be entitled to one vote for each share of stock he may hold. *** SEND *** *** AEND *** *** ASTART 010.00 DE 1897 *** ARTICLE X EDUCATION *** SSTART 001.00 010.00 0 DE 1897 *** SECTION 1. 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, not physically or mentally disabled, shall attend the public school, unless educated by other means. *** SEND *** *** SSTART 002.00 010.00 0 DE 1897 *** SECTION 2. In addition to the income of the investments of the Public School Fund, the General Assembly shall make provision for the annual payment of not less than one hundred thousand dollars for the benefit of the free public schools 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 account of race or color, and separate schools for white and colored children shall be maintained. All other expenses connected with the maintenance of free public schools, and all expenses connected with the erection or repair of free public school buildings shall be defrayed in such manner as shall be provided by law. *** SEND *** *** SSTART 003.00 010.00 0 DE 1897 *** SECTION 3. No portion of any fund now existing, or which may hereafter be appropriated, or raised by tax, for educational 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 public purposes. *** SEND *** *** SSTART 004.00 010.00 0 DE 1897 *** SECTION 4. No part of the principal or income of the Public School Fund, now or hereafter existing, shall be used for any other purpose than the support of free public schools. *** SEND *** *** AEND *** *** ASTART 011.00 DE 1897 *** ARTICLE XI AGRICULTURE *** SSTART 001.00 011.00 0 DE 1897 *** SECTION 1. There shall be a department established and maintained, known as the State Board of Agriculture. *** SEND *** *** SSTART 002.00 011.00 0 DE 1897 *** SECTION 2. The said board shall be composed of three Commissioners of Agriculture, one of whom shall reside in each county in the State. Any two of them shall constitute a quorum for the transaction of business. *** SEND *** *** SSTART 003.00 011.00 0 DE 1897 *** SECTION 3. The said Commissioners of Agriculture shall be appointed by the Governor, by and with the consent of a majority 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 qualified: provided, that any vacancy. occurring in the office of Commissioner 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. *** SEND *** *** SSTART 004.00 011.00 0 DE 1897 *** 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, vegetables, cereals, horses, cattle and other farm animals. *** SEND *** *** SSTART 005.00 011.00 0 DE 1897 *** SECTION 5. The said Commissioners may devise such plans for securing immigration to this State of industrious and useful settlers as they may deem expedient, and such plans may be executed as prescribed by the General Assembly. *** SEND *** *** SSTART 006.00 011.00 0 DE 1897 *** SECTION 6. The General Assembly shall provide by law for the compensation of the members of said board. *** SEND *** *** SSTART 007.00 011.00 0 DE 1897 *** 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. *** SEND *** *** AEND *** *** ASTART 012.00 DE 1897 *** *** SSTART 001.00 012.00 0 DE 1897 *** ARTICLE XII HEALTH The General Assembly shall provide for the establishment and maintenance of a State 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 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. *** SEND *** *** AEND *** *** ASTART 013.00 DE 1897 *** ARTICLE XIII LOCAL OPTION *** SSTART 001.00 013.00 0 DE 1897 *** SECTION 1. The General Assembly 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 prohibited within the limits thereof; and in every district in which there is a majority against license, no person, firm or corporation 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 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 district at the next general election thereafter. *** SEND *** *** SSTART 002.00 013.00 0 DE 1897 *** SECTION 2. Under the provisions of this Article, Sussex County shall comprise one district, Kent County one district, the City of Wilmington, as its corporate limits now are or may hereafter be extended, one district, and the remaining part of New Castle County one district. *** SEND *** *** SSTART 003.00 013.00 0 DE 1897 *** SECTION 3. The General Assembly shall provide necessary laws to carry out and enforce the provisions of this Article enact laws governing the manufacture and sale of intoxicating liquors under the limitations of this Article, and provide such penalties as may be neccessary to enforce the same. *** SEND *** *** AEND *** *** ASTART 014.00 DE 1897 *** *** SSTART 001.00 014.00 0 DE 1897 *** ARTICLE XIV OATH OF OFFICE Members of the General Assembly and all public officers executive and judicial, except such inferior officers as shall be by law exempted, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Deleware, 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 addition 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, contributed, 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. *** SEND *** *** AEND *** *** ASTART 015.00 DE 1897 *** *** SSTART 001.00 015.00 0 DE 1897 *** ARTICLE XV MISCELLANEOUS SECTION 1. The Chancellor, Judges and Attorney-General shall be conservators of the peace throughout the State; and the Sheriffs and Coroners shall be conservators of the peace within the counties respectively in which they reside. *** SEND *** *** SSTART 002.00 015.00 0 DE 1897 *** 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. *** SEND *** *** SSTART 003.00 015.00 0 DE 1897 *** SECTION 3. go costs shall be paid by a person accused, on a bill being returned ignoramus, nor on acquittal. *** SEND *** *** SSTART 004.00 015.00 0 DE 1897 *** SECTION 4. No law shall extend the term of any public officer or diminish his salary or emoluments after his election or appointment. *** SEND *** *** SSTART 005.00 015.00 0 DE 1897 *** SECTION 5. All public officers shall hold their respective offices until their successors shall be duly qualified, except in cases herein otherwise provided. *** SEND *** *** SSTART 006.00 015.00 0 DE 1897 *** SECTION 6. All public officers shall hold their offices on condition that they behave themselves well. The Governor shall remove from office any public officer convicted of misbehavior in office or of any infamous crime. *** SEND *** *** SSTART 007.00 015.00 0 DE 1897 *** SECTION 7. The matters within Section 30 of Article IV and Sections 7 and 8 of Article V are excepted from the provision of the Constitution that "No person shall for any indictable offense be proceeded against criminally by information' " and also from the provisions of the Constitution concerning trial by jury. *** SEND *** *** SSTART 008.00 015.00 0 DE 1897 *** SECTION 8. All stationery, printing, paper and fuel used in the legislative and other departments of government shall be 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 shall be prescribed by law. Such bids shall be opened in the presence of the persons making the bids or their representatives. No member or officer of any department of the government shall be in any way interested in any such contract when awarded to or by any such member, officer or department. *** SEND *** *** SSTART 009.00 015.00 0 DE 1897 *** SECTION 9. This Constitution shall be prefixed to every codification of the Laws of this State. *** SEND *** *** AEND *** *** ASTART 016.00 DE 1897 *** ARTICLE XVI AMENDMENTS AND CONVENTIONS *** SSTART 001.00 016.00 0 DE 1897 *** SECTION 1. Any amendment. or amendments to the Constitution may be proposed in the Senate or House of Representatives; and if the same shall be agreed to by two-thirds of all the 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 newspapers in each county in which such newspapers shall be published; and if in the General Assembly next after the said election such proposed amendment or amendments shall upon it 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. *** SEND *** *** SSTART 002.00 016.00 0 DE 1897 *** SECTION 2. The General Assembly by a two-thirds vote of 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 voting 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 representative District by the qualified electors thereof, and two of them 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, employees and assistants as it may deem necessary, and fix their compensation, and provide for the printing of its documents, journals, debates and proceedings. The Convention shall determine the proceedings, and be the judge of the elections, returns, and qualification of its members. Whenever there shall be a vacancy of delegate from any district or county by reason of failure to elect, ineligibility, death, resignation 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. *** SEND *** *** SSTART 003.00 016.00 0 DE 1897 *** SECTION 3. The General Assembly shall provide for receiving, tallying and counting the votes for or against a Convention, and for returning to the General Assembly at its next session the State of such vote; and shall also enact any provisions necessary for giving effect to this Article. *** SEND *** *** SSTART 004.00 016.00 0 DE 1897 *** SECTION 4. No bill or resolution passed by the General Assembly under or pursuant to the provisions of this Article 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. *** SEND *** *** SSTART 005.00 016.00 0 DE 1897 *** SECTION 5. In voting at any general election, upon the 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. *** SEND *** *** AEND *** *** ASTART 9003.0 DE 1897 *** SCHEDULE 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: *** SSTART 001.00 9003.0 0 DE 1897 *** SECTION 1. The President of this Convention, immediately on its adjournment, shall deliver the enrolled copy of this amended Constitution and Schedule to the Secretary of State, 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 newspapers in each county of the State. *** SEND *** *** SSTART 002.00 9003.0 0 DE 1897 *** SECTION 2. This amended Constitution shall take effect on the tenth day of June in the year one thousand eight hundred and ninety-seven. *** SEND *** *** SSTART 003.00 9003.0 0 DE 1897 *** SECTION 3. The offices of the present Senators and Representatives shall not be vacated or otherwise affected by this amended Constitution, except that the Senators whose terms do not expire on the day of the next general election shall thereafter represent the districts in which they now reside until the end of the terms for which they were elected. At the general election to be held in the year one thousand eight 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 numbered Senatorial Districts in the State a Senator for the term of four years. And thereafter, as the said terms shall from time to time expire, a Senator shall be elected from each of the said Senatorial Districts for the full term of four years. At the general election to be held in the year one thousand eight hundred and ninety-eight, there shall be elected in each Representative District in the State one Representative for the term of two years. *** SEND *** *** SSTART 004.00 9003.0 0 DE 1897 *** SECTION 4. The terms of Senators and Representatives shall begin on the day next after their election. *** SEND *** *** SSTART 005.00 9003.0 0 DE 1897 *** 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. *** SEND *** *** SSTART 006.00 9003.0 0 DE 1897 *** SECTION 6. The term of office of the present Governor shall not be vacated or in any wise affected by this amended Constitution. *** SEND *** *** SSTART 007.00 9003.0 0 DE 1897 *** SECTION 7. Unless otherwise provided by this amended Constitution or Schedule, all persons elected or appointed before this amended Constitution shall take effect, to State or county 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 respective 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 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 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 last mentioned day; and the successors of such persons shall be elected at the general election next before the expiration of the terms as hereby extended; provided, however, that the successors of the present Auditor of Accounts, State Treasurer and Insurance Commissioner shall be elected at the general election next preceding the expiration of their several terms of 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 by this section shall renew their official obligations upon the expiration of their present terms. *** SEND *** *** SSTART 008.00 9003.0 0 DE 1897 *** SECTION 8. The terms of office of all State and County officers made elective by this amended Constitution shall commence on the first Tuesday in January next after their election, unless otherwise provided in this amended Constitution or Schedule. *** SEND *** *** SSTART 009.00 9003.0 0 DE 1897 *** 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 June in the year one thousand eight 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 Errors 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 day 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 established 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 proceeded in to final judgment and determination in the Court of General Sessions established b this amended Constitution, or be otherwise 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 Terminer, shall be transferred to and proceeded in to final judgment 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 Constitution. 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 Orphans' Court respectively, established by this amended Constitution; and the suits, proceedings and matters, shall be proceeded in to final decree, order or other determination. *** SEND *** *** SSTART 010.00 9003.0 0 DE 1897 *** SECTION 10. Unless otherwise provided, the Registers' Courts and the jurisdiction of Justice of the Peace shall not be affected by this amended Constitution. *** SEND *** *** SSTART 011.00 9003.0 0 DE 1897 *** SECTION 11. If the Chancellor, Chief Justice, or any Associate Judge in office at the time this amended Constitution shall take effect if not be appointed Chancellor, Chief Justice or Associate Judge shall under this amended Constitution, he shall be entitled to receive the sum of fifteen hundred dollars per annum, payable quarterly, for five years, after the expiration of his office, if he shall so long live. *** SEND *** *** SSTART 012.00 9003.0 0 DE 1897 *** SECTION 12. The first biennial session of the General Assembly under this amended Constitution shall commence on the first Tuesday in January in the year one thousand eight hundred and ninety-nine. *** SEND *** *** SSTART 013.00 9003.0 0 DE 1897 *** SECTION 13. The provisions of Section 15 of Article 11 of this amended Constitution limiting the amount of the compensation of the members of the General Assembly and the presiding officers of the respective Houses shall not apply to any adjourned, 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. *** SEND *** *** SSTART 014.00 9003.0 0 DE 1897 *** SECTION 14. Until the General Assembly shall enact a general incorporation law as provided for in Section 1 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. *** SEND *** *** SSTART 015.00 9003.0 0 DE 1897 *** SECTION 15. Until the General Assembly shall otherwise provide, guardians' accounts shall be filed with and be adjusted and settled by the Register of Wills for the county, and be subject to exception, hearing, adjustment, and settlement in the Orphans' Court for the county as before this amended Constitution took effect. *** SEND *** *** SSTART 016.00 9003.0 0 DE 1897 *** SECTION 16. Unless otherwise provided by this amended 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. *** SEND *** *** SSTART 017.00 9003.0 0 DE 1897 *** SECTION 17. One or more vacancies in the Board of Pardons shall not invalidate any act of the remaining members of said Board not less than three in number. *** SEND *** *** SSTART 018.00 9003.0 0 DE 1897 *** SECTION 18. All the laws of this State existing at the time this Constitution shall take effect, and not inconsistent with it, shall remain in force, except so far as they shall be altered by future laws. *** SEND *** *** SSTART 019.00 9003.0 0 DE 1897 *** SECTION 19. The General Assembly, as soon as conveniently may be after this Constitution shall take effect, shall enact all laws necessary or proper for carrying out the provisions thereof Done in convention, the fourth day of June in the year of our Lord one thousand eight hundred and ninety-seven and in 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. Murray, 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, A ndrew L. Johnson, William T. Smithers, 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.-John P. Donoho, a member of the Convention from New Castle County, refused to sign. *** SEND *** *** AEND *** *** MSTART 001 003.00 009.00 0 DE 1897 1903 *** SEC. 1. That the following amendments be and the same are hereby proposed to Article 9 of the Constitution of this State: First. That all of Section 3 of Article 9 of the Constitution of this State after the word "Corporation", where it occurs the second time in Section 3, be stricken out. [Approved March 17, 1903.] *** MEND *** *** MSTART 002 006.00 009.00 0 DE 1897 1903 *** SEC. 2. That Section 6 of said Article 9 be stricken out and in lieu thereof substitute and adopt the following, viz.: "Section 6. Shares of the capital stock of corporation created under the laws of this State, when owned by persons or corporations without this State, shall not be subject to taxation by any law now existing or hereafter to be made." [Approved March 17, 1903.] *** MEND *** *** MSTART 003 004.00 005.00 0 DE 1897 1907 *** Section 1. That Section 4 of Article V of the Constitution of this State, be and the same is hereby amended by striking out of said Section 4 of the following words: "and each voter shall, at the time of his registration, pay a registration fee of one dollar, for the use of the County where such registration is paid." [Approved January 21, 1907.] *** MEND *** *** MSTART 004 010.00 002.00 0 DE 1897 1913 *** Section 1. That Section 10 of Article II of the Constitution of the State of Delaware be amended by striking out all of said Section 10 of Article II, and inserting in lieu thereof the following: -- "Section 10. Each House shall keep a journal of its proceedings, and publish the same immediately after every session, except such parts as may require secrecy. The names of the members voting for and against any bill or joint resolution, except in relation to adjournment, shall on the final vote be entered on the journal; and the yeas and nays of the members on any question shall, at the desire of any member, be entered on the journal. No bill or joint resolution, except in relation to adjournment, shall pass either House unless the final vote shall have been taken by yeas and nays, nor without the concurrence of a majority of all the members elected to each House." [Approved February 28, 1913.] *** MEND *** *** MSTART 005 005.00 004.00 0 DE 1897 1913 *** Section 1. That Section 5 of Article IV of the Constitution of this State be, and the same is, hereby amended by striking out all of said Section after the first paragraph thereof and substituting therefor the following new paragraph to wit: "The said five judges shall designate those of their number who shall hold the said Courts in the several counties. No more than three of them shall sit together in any of the said Courts. In each of the said Courts the Chief Justice when present shall preside, and in his absence the senior Associate Judge present shall preside. One shall constitute a quorum in the said Courts, respectively, except in the Court of Oyer and Terminer, where three shall constitute a quorum, and except in the Superior Court sitting to hear appeals from the Orphan's Court or a Register's Court, when two shall constitute a quorum, and except in the Court of General Sessions sitting to try cases of prosecution under Section 8 of Article V of this Constitution or sitting to hear contested applications for license to sell intoxicating liquors, when two shall constitute a quorum. One judge may open and adjourn any of said Courts." [Approved March 12, 1913.] *** MEND *** *** MSTART 006 006.00 004.00 0 DE 1897 1913 *** Section 2. That Article IV of the Constitution of this State be, and the same is, hereby amended by striking out all of Section 6 thereof and substituting therefor the following new Section 6, to wit: "Section 6. Subject to the provisions of Section 5 of this Article, two or more sessions of the Superior Court, or Court of General Sessions, or one or more sessions of each of the said Courts, or one session of the Court of Oyer and Terminer and one or two of either, or one of each 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 in such manner as shall be provided by the rules of the said courts respectively." [Approved March 12, 1913.] *** MEND *** *** MSTART 007 019.00 002.00 0 DE 1897 1913 *** Section 1. That Section 19, Article 2, of the Constitution of the State of Delaware, be amended by adding to the end thereof the following words "provided, however, that the General Assembly may by a vote of two-thirds of all the members elected to each House pass laws relating to the laying out, opening, alteration or maintenance of any road or highway which forms a continuous road or highway extending through at least a portion of the three counties of the State." [Approved March 17, 1913.] *** MEND *** *** MSTART 008 015.00 002.00 0 DE 1897 1919 *** Section 1. That Section 15 of Article II of the Constitution of the State of Delaware be amended by striking out all of the first paragraph of the said Section 15 of Article II, and inserting in lieu thereof the following: "The members of the General Assembly, except the presiding officers of the respective Houses, shall receive as compensation for their services a per diem allowance of ten dollars, and the presiding officers a per diem allowance of twelve dollars for each day of the session, not exceeding sixty days; and should they remain longer in session they shall serve without compensation. In case a special or extra session of the General Assembly be called, the members and presiding officers shall receive like compensation for a period not exceeding thirty days." [Approved February 6, 1919.] *** MEND *** *** MSTART 009 017.00 004.00 0 DE 1897 1921 *** Section 1. That Section 17 of Article 4, of the Constitution of the State of Delaware be, and the same is hereby amended by striking out and said section and inserting in lieu thereof a new Section, to be known as Section 17, as follows: "Section 17. The Chief Justice or any Judge of the Superior Court of the State of Delaware shall have power, in the absence of the Chancellor from the County where any suit in equity may be instituted, or during the temporary disability of the Chancellor to grant restraining orders, and the Chief Justice or any Judge of the Superior Court of the State of Delaware shall have power, during the absence of the Chancellor from the State or his temporary disability, to grant preliminary injunctions, pursuant to the rules, of the Court of Chancery; provided that nothing herein contained shall be construed to confer general jurisdiction over the case." [Approved March 31, 1921.] *** MEND *** *** MSTART 010 005.00 008.00 0 DE 1897 1923 *** Section 1. That Section 5 of Article 8 of the Constitution of the State of Delaware be amended by striking out all of said Section 5 of Article 8, and inserting in lieu thereof the following: Section 5. The General Assembly shall provide for levying and collecting a capitation tax from every citizen of the State of the age of Twenty-one years or upwards; but such tax to be collected in any County shall be uniform throughout the County, and such capitation tax shall be used exclusively in the County in which it is collected." [March 12, 1923.] *** MEND *** *** MSTART 011 010.00 015.00 0 DE 1897 1923 *** Section 1. That Article 15 of the Constitution of the State of Delaware be and the same is hereby amended by adding immediately after Section 9 thereof the following new Section to be known as Section 10; "Section 10. No citizen of the State of Delaware shall be disqualified to hold and enjoy any office, or public trust, under the laws of this State, by reason of sex." [Approved January 15, 1923.] *** MEND *** *** MSTART 012 004.00 005.00 0 DE 1897 1925 *** Section 1. That Article 5 of the Constitution of the State of Delaware be amended by striking out all of Section 4 of said Article, and by inserting in lieu thereof a new Section 4, in the following language, viz: "Section 4. The General Assembly shall enact uniform laws for the registration of voters in this State entitled to vote under this Article, which registration shall be conclusive evidence to the election officers of the right of every person so registered to vote at any General Election while his or her name shall remain on the list of registered voters, and who is not at the time disqualified under the provisions of Section 3 of this Article; and no person shall vote at such General Election whose name does not at that time appear in said list of registered voters. "There shall be at least two registration days in a period commencing not more than one hundred and twenty days, nor less than sixty days before, and ending not more than twenty days, nor less than ten days before, each General Election, on which registration days persons whose names are not on the list of registered voters established by law for such election, may apply for registration, and on which registration days applications may be made to strike from the said registration list names of persons on said list who are not eligible to vote at such election; provided, however, that such registration may be corrected as hereinafter provided at any time prior to the day of holding the election. "From the decision of the registration officers granting or refusing registration, or striking or refusing to strike a name or names from the registration list, any person interested, or any registration officer, may appeal to the resident Associate Judge of the County, or in case of his disability or absence from the County, to any Judge entitled to sit in the Supreme Court, whose determination 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 a pre- requisite for voting only at general 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 this Article, shall continue in force until the General Assembly shall otherwise provide." [Approved March 2, 1925.] *** MEND *** *** MSTART 013 025.00 002.00 0 DE 1897 1929 *** That Article Two of the Constitution of the State of Delaware be amended by adding at the end thereof a new section to be known as Section 25, as follows: Section 25. The General Assembly may enact laws under which municipalities, other than counties, may adopt zoning ordinances limiting and restricting to specified districts, and regulating therein buildings and structures, according to their construction, and the nature and extent of their use, and the exercise of such authority shall be deemed to be within the police power of the state. [Adopted March 19, 1929.] *** MEND *** *** MSTART 014 004.00 001.00 0 DE 1897 1933 *** Section 1. That Section 4 of Article 1 of the Constitution of the State of Delaware be amended by adding to the end thereof the following words: "Provided, however, that Grand Juries in New Castle County shall consist of fifteen members, one of whom shall be selected from, and shall be a resident of, each representative district in said county, and the affirmative vote of nine of whom shall be necessary to find a true bill of indictment; and Grand Juries in Kent County and in Sussex County shall consist of ten members, one of whom shall be selected from, and shall be a resident of each representative district in the county in which he or she is selected, and the affirmative vote of seven of whom shall be necessary to find a true bill of indictment." [Adopted March 22, 1933.] *** MEND *** *** MSTART 015 017.00 002.00 0 DE 1897 1935 *** Section 1. That Article 2 of the Constitution of the State of Delaware be and the same is hereby amended, by striking out all of section 17, of Article 2 thereof, and by inserting in lieu thereof a new Section 17, in the following language, viz: Section 17. Lotteries: -- The Sale of Lottery Tickets, Pool Selling and all other forms of gambling are prohibited in this State; except wagering or betting on race tracks by the use of pari- mutuel machines or totalizators in connection therewith. The General Assembly shall enforce this section by appropriate legislation." *** MEND *** *** MSTART 016 028.00 004.00 0 DE 1897 1935 *** Section 1. That Section 28 of Article IV of the Constitution of the State of Delaware be amended so as to read as follows: Section 28. No writ of error shall be brought upon any judgment heretofore confessed, entered or rendered or upon any judgment hereafter to be confessed, entered or rendered, but within six months after the confessing, entering, or rendering thereof; unless the person entitled to such writ be an infant, non compos mentis, or a prisoner, and then within six months exclusive of the time of such disability." *** MEND *** *** MSTART 017 004.A 005.00 0 DE 1897 1943 *** Section 1. That Article V of the Constitution of the State of Delaware be amended by adding immediately after Section 4 thereof, a new Section to by styled Section 4A as follows: Section 4A. The General Assembly shall enact general laws providing that any qualified elector of this State, duly registered, who shall be unable to appear to cast his or her ballot at any general election at the regular polling place of the election district in which he or she is registered, either because of being in the public service of the United States or of this State, or because of the nature of his or her business or occupation, or because of his or her sickness or physical disability, may cast a ballot at such general election to be counted in each election district." *** MEND *** *** MSTART 018 004.B 005.00 0 DE 1897 1947 *** Section 1. That Article V of the Constitution of the State of Delaware be amended by adding immediately after Section 4A thereof a new section to be styled Section 4B as follows: "Section 4B. The General Assembly shall enact uniform laws for the registration of voters of this State entitled to vote under this Article who are temporarily absent therefrom and in the Armed Forces or Merchant Marine of the United States, or retainers or persons accompanying or serving therewith, or who are absent from the State because of illness or injury received while serving in any such capacity, upon application in person or in writing." *** MEND *** *** MSTART 019 002.00 004.00 0 DE 1897 1949 *** "Section 1. That Article IV of the Constitution of the State of Delaware be and the same is hereby amended by striking out all of Section 2 thereof and by substituting in lieu thereof the following new Section 2: "Section 2. There shall be seven State Judges who shall be learned in the law. One of them shall be Chancellor, one of them shall be Chief Justice, one of them shall be Vice Chancellor, and the other four of them shall be Associate Judges. "The Chancellor, Chief Justice, Vice Chancellor and one of the Associate 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 one of them shall reside in each county. "In case the commission or two or more of the Vice Chancellor and the Associate Judges shall be of the same date, they shall as soon as conveniently may be after their appointment, determine their seniority by lot, and certify the result to the Governor." [The schedule ratified with this amendment is included as Amendment number 28.] *** MEND *** *** MSTART 020 003.00 004.00 0 DE 1897 1949 *** Section 2. That Article IV of the Constitution of the State of Delaware be and the same is hereby amended by striking out all of Section 3 thereof and by substituting in lieu thereof the following new Section 3: "Section 3. The Chancellor, Chief Justice, Vice Chancellor and Associate Judges shall be appointed by the Governor, by and with the consent of a majority of all members elected to the Senate, for the term of twelve years. Provided, however, that the present incumbents in the offices of Chancellor, Chief Justice and Associate Judges, shall continue in said offices until the expiration of the term of office for which they may have been appointed. "If a vacancy shall occur, by expiration of term or otherwise, at a time when the Senate shall not be in session, the Governor shall within thirty days after the happening of any such vacancy convene the Senate for the purpose of confirming his appointment to fill said vacancy, and the transaction of such other executive business as may come before it. Such vacancy shall be filled as aforesaid for the full term. The said appointments shall be such that no more than four of the persons occupying said offices at the same time shall have been appointed from the same political party." [The schedule ratified with this amendment is included as Amendment number 28.] *** MEND *** *** MSTART 021 004.00 004.00 0 DE 1897 1949 *** "Section 3. That Article IV of the Constitution of the State of Delaware be and the same is hereby amended by striking out all of Section 4 thereof and by substituting in lieu thereof the following new Section 4: "Section 4. The Chancellor, Chief Justice, Vice Chancellor and Associate Judges shall respectively receive from the State for their services a compensation which shall be fixed by law and paid monthly and shall not be less than the annual sum of ten thousand dollars, and they shall not receive any fees or prerequisites in addition to their salaries for business done by them except as provided by law. They shall hold no other office of profit." [The schedule ratified with this amendment is included as Amendment number 28.] *** MEND *** *** MSTART 022 010.00 004.00 0 DE 1897 1949 *** "Section 4. That Article IV of the Constitution of the State of Delaware be and the same is hereby amended by striking out all of Section 10 thereof and by substituting in lieu thereof the following new Section 10: "Section 10. The Chancellor and the Vice Chancellor shall hold the Court of Chancery. One shall constitute a quorum of the said court. The Chancellor shall be the senior and presiding judge of said court. This court shall have all the jurisdiction and powers vested by the laws of this State in the Court of Chancery, and the Vice Chancellor shall exercise all powers given by law to the Chancellor as the Judge holding the Court of Chancery as fully as though said powers had been specifically give to the Vice Chancellor." [The schedule ratified with this amendment is included as Amendment number 28.] *** MEND *** *** MSTART 023 013.00 004.00 0 DE 1897 1949 *** "Section 5. That Article IV of the Constitution of the State of Delaware be and the same is hereby amended by striking out all of Section 13 thereof and by substituting in lieu thereof the following new Section 13: "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, the Vice 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 judge present of the vice Chancellor and the Associate Judges shall preside. Any three of them shall constitute a quorum, and one of them may open and adjourn the Supreme Court." [The schedule ratified with this amendment is included as Amendment number 28.] *** MEND *** *** MSTART 024 016.00 004.00 0 DE 1897 1949 *** "Section 6. That Article IV of the Constitution of the State of Delaware be and the same is hereby amended by striking out all of Section 16 and by substituting in lieu thereof the following new Section 16: "Section 16. In matters of Chancery jurisdiction in which the Chancellor and Vice Chancellor are both interested or otherwise disqualified, the Chief Justice shall have jurisdiction, and there shall be an appeal to the Supreme Court, which shall in that case consist of the four Associate Judges, the senior Associate Judge present presiding. Any three of them shall constitute a quorum, and any one of them may open and adjourn court." [The schedule ratified with this amendment is included as Amendment number 28.] *** MEND *** *** MSTART 025 017.00 004.00 0 DE 1897 1949 *** "Section 7. That Article IV of the Constitution of the State of Delaware as Amended by 32 Delaware Laws, Chapter 1, be and the same is hereby further amended by striking out all of Section 17 thereof and by substituting in lieu thereof the following new Section 17: "Section 17. The Chief Justice or any Judge of the Superior Court of the State of Delaware shall have power, in the absence of the Chancellor and Vice Chancellor, from the county where any suit in equity may be instituted, or during the temporary disability of the Chancellor and Vice Chancellor, to grant restraining orders, and the Chief Justice or any Judge of the Superior Court of the State of Delaware, shall have power, during the absence of the Chancellor and Vice Chancellor from the State or their temporary disability, to grant preliminary injunctions, pursuant to the rules of the Court of Chancery; provided that nothing herein contained shall be construed to confer general jurisdiction over the case." [The schedule ratified with this amendment is included as Amendment number 28.] *** MEND *** *** MSTART 026 021.00 004.00 0 DE 1897 1949 *** "Section 8. That Article IV of the Constitution of the State of Delaware be and the same is hereby amended by striking out all of Section 21 thereof and by substituting in lieu thereof the following new Section 21: "Section 21. Until the General Assembly shall otherwise provide, the Chancellor and Vice Chancellor shall each singly 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 Justice and Associate Judges shall each singly exercise all the powers which any law of this State vests in the judges single of the Superior Court." [The schedule ratified with this amendment is included as Amendment number 28.] *** MEND *** *** MSTART 027 027.00 004.00 0 DE 1897 1949 *** "Section 9. That Article IV of the Constitution of the State of Delaware be and the same is hereby amended by striking out all of Section 27 thereof and by substituting in lieu thereof the following new Section 27: "Section 27. Whenever a person, not being an executor or administrator, appeals from a decree entered in the Court of Chancery, or applies for a writ of error, such appeal or writ shall be no stay of proceedings in Chancery, or the court to which the writ issues, unless the appellant or plaintiff in error shall give sufficient security, to be approved respectively by the Chancellor or Vice Chancellor, who signed the decree appealed from, or by a judge of the court from which the writ issues, that the appellant or plaintiff 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 fail to make his plea good." [The schedule ratified with this amendment is included as Amendment number 28.] *** MEND *** *** MSTART 028 000.00 9003.00 0 DE 1897 1949 *** SCHEDULE "That no conflict or confusion may arise from these amendments, it is hereby declared and ordained as follows: "Section 1. That the present incumbents in the office of Chancellor, Chief Justice and Associate Justices shall continue in said offices respectively until the expiration of the terms of office for which they have been appointed respectively. "Section 2. That the present incumbent in the office of Vice Chancellor shall be deemed to have been appointed to the office of Vice Chancellor, provided for by the Constitution as amended as of the date of his original appointment as Vice Chancellor, pursuant to law, and said Vice Chancellor shall hold said office of Vice Chancellor for a term of twelve years from the date of his original appointment and thereafter the office of Vice Chancellor shall be appointed as provided by the Constitution as amended. "Section 3. The salary now provided for the office of Vice Chancellor pursuant to law shall be the salary for the office of Vice Chancellor provided for by this Constitution as amended until otherwise provided by law." [Note that this is the schedule implementing the amendments made in 1949.] *** MEND *** *** MSTART 029 025.00 002.00 0 DE 1897 1951 *** Section 1. That Section 25 of Article II of the Constitution of the State of Delaware, be and the same is hereby amended by striking out said section and inserting in lieu thereof a new section to be known as Section 25, as follows: "Section 25. The General Assembly may enact laws under which municipalities and the County of New Castle may adopt zoning ordinances, laws or rules limiting and restricting to specified districts and regulating therein buildings and structures according to their construction and the nature and extent of their use, as well as the use to be made of land in such districts for other than agricultural purposes; and the exercise of such authority shall be deemed to be within the police power of the State." [Approved May 11, 1951.] *** MEND *** *** MSTART 030 019.00 003.00 0 DE 1897 1951 *** "Section 1. That Section 19 of Article III of the Constitution of the State of Delaware be amended by striking out the second paragraph of said Section and inserting in lieu thereof the following: "The Lieutenant-Governor, for his services as President of the Senate, shall receive the same compensation as the Speaker of the House of Representatives; the Lieutenant-Governor, for his services as a member of the Board of Pardons and for all other duties of the said office which may be provided by law, shall receive such compensation as shall be fixed by the General Assembly." [Approved May 14, 1951.] *** MEND *** *** MSTART 031 001.00 004.00 0 DE 1897 1951 *** Section 1. That Article IV of the Constitution of the State of Delaware be amended so as to read as follows: ARTICLE IV Judiciary "Section 1. The judicial power of this State shall be vested in a Supreme Court, a Superior Court, a Court of Chancery, an Orphans' Court, 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 have by law established prior to the time this amended Article IV of this Constitution becomes effective or shall from time to time by law establish after such time. [Approved May 14, 1951.] *** MEND *** *** MSTART 032 002.00 004.00 0 DE 1897 1951 *** "Section 2. There shall be three Justices of the Supreme Court who shall be citizens of the State and learned in the law. One of them shall be the Chief Justice who shall be designated as such by his appointment and who when present shall preside at all sittings of the Court. In the absence of the Chief Justice the Justice present who is senior in length of service shall preside. If it is otherwise impossible to determine seniority among the Justices, they shall determine it by lot and certify accordingly to the Governor. "There shall be six other State Judges who shall be citizens of the State and learned in the law. One of them shall be Chancellor, one of them President Judge of the Superior Court and of the Orphans' Court and the other four of them Associate Judges of the Superior Court and of the Orphans' Court. Three of the said Associate Judges shall be resident Associate Judges and one of them shall after appointment reside in each County of the State. If it is otherwise impossible to determine seniority of service among the said Associate Judges, they shall determine it by lot and certify accordingly to the Governor. "There shall also be such number of other State Judges to be known as Vice-Chancellors as shall have been provided for by the Constitution or by Act of the General Assembly prior to the time this amended Article IV of this Constitution becomes effective and as may be provided for by Act of the General Assembly after such time. Each of such Vice-Chancellors shall be citizens of the State and learned in the law. [Approved May 14, 1951.] *** MEND *** *** MSTART 033 003.00 004.00 0 DE 1897 1951 *** ''Section 3. The Justices of the Supreme Court, the Chancellor and the Vice-Chancellor or Vice- Chancellors, and the President Judge and Associate Judges of the Superior Court and of the Orphans' Court 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 each, and the persons so appointed shall enter upon the discharge of the duties of their respective offices upon taking the oath of office prescribed by this Constitution. If a vacancy shall occur, by expiration of term or otherwise, at a time when the Senate shall not be in session, the Governor shall within thirty (30) days after the happening of any such vacancy convene the Senate for the purpose of confirming his appointment to fill said vacancy and the transaction of such other executive business as may come before it. Such vacancy shall be filled as aforesaid for the full term. "Appointments to the offices of the State Judiciary shall at all times be subject to all of the following limitations: "First, no more than two of the three Justices of the Supreme Court in office at the same time, shall be of the same major political party, at least one of said Justices shall be of the other major political party; "Second, no more than three of the five Judges of the Superior Court and Orphans' Court, in office at the same time, shall be of the same major political party, at least two of the five Judges shall be of the other major political party; "Third, at any time when the total number of the offices of the three Justices of the Supreme Court, the five Judges of the Superior Court and Orphans' Court, the Chancellor and all Vice-Chancellors, shall be an even number, not more than one-half of the members of all such offices shall be of the same major political party; and at any time when the total number of such offices shall be an odd number, then not more than a bare majority of the members of all such offices shall be of the same major political party, the remaining members of the Courts above enumerated shall be of the other major political party. [Approved May 14, 1951.] *** MEND *** *** MSTART 034 004.00 004.00 0 DE 1897 1951 *** "Section 4. The Justices of the Supreme Court, the Chancellor and the Vice-Chancellor or Vice- Chancellors, and the President Judge and Associate Judges of the Superior Court and of the Orphans' Court shall respectively receive from the State for their services compensations which shall be fixed by law and paid monthly and they shall not receive any fees or perquisites in addition to their salaries for business done by them except as provided by law. They shall hold no other office of profit. [Approved May 14, 1951.] *** MEND *** *** MSTART 035 005.00 004.00 0 DE 1897 1951 *** "Section 5. The President Judge of the Superior Court and of the Orphans' Court and the four Associate Judges thereof shall compose the Superior Court and the Orphans' Court, as hereinafter prescribed. The said five Judges shall designate those of their number who shall hold the said courts in the several counties. No more than three of them shall sit together in either of the said courts. In each of the said courts the President Judge when present shall preside and in his absence the senior Associate Judge present shall preside. One Judge shall constitute a quorum of the said Courts, respectively, except in the Superior Court sitting to try a criminal case involving a charge of capital felony, when three Judges shall constitute a quorum, and except in the Superior Court sitting to try cases of prosecution under Section 8 of Article V of this Constitution, when two Judges shall constitute a quorum, and except in the Orphans' Court sitting to hear appeals from a Register's Court, when two Judges shall constitute a quorum. One Judge may open and adjourn any of said Courts. [Approved May 14, 1951.] *** MEND *** *** MSTART 036 006.00 004.00 0 DE 1897 1951 *** "Section 6. Subject to the provisions of Section 5 of this Article, two or more sessions of the Superior Court and of the Orphans' Court may at the same time be held in the same county or in different counties, and the business in the several counties may be distributed and apportioned in such manner as shall be provided by the rules of the said Courts, respectively. [Approved May 14, 1951.] *** MEND *** *** MSTART 037 007.00 004.00 0 DE 1897 1951 *** "Section 7. The Superior Court shall have jurisdiction of all causes of a civil nature, real, personal and mixed, at common law and all other the jurisdiction and powers vested by the laws of this State in the formerly existing Superior Court; and also shall have all the jurisdiction and powers vested by the laws of this State in the formerly existing Court of General Sessions of the Peace and Jail Delivery; and also shall have all the jurisdiction and powers vested by the laws of this State in the formerly existing Court of General Sessions; and also shall have all the jurisdiction and powers vested by the laws of this State in the formerly existing Court of Oyer and Terminer. [Approved May 14, 1951.] *** MEND *** *** MSTART 038 008.00 004.00 0 DE 1897 1951 *** "Section 8. The phrase 'Supreme Court' as used in Section 4 of Article V of this Constitution and the phrases 'Superior Court,' 'Court of General Sessions of the Peace and Jail Delivery,' 'Court of Oyer and Terminer' and 'Court of General Sessions' whenever found in the law of this State, elsewhere than in this amended Article IV of this Constitution, shall be read as and taken to mean, and hereafter printed as, the Superior Court provided for in this amended Article TV of this Constitution; and the phrase 'Chief Justice' wherever found in the law of this State existing at the time this amended Article IV of this Constitution becomes effective, elsewhere than in this amended Article IV of this Constitution, shall be read as and taken to mean, and hereafter printed as President Judge of the Superior Court and of the Orphans' Court, as provided for in this amended Article IV of this Constitution. [Approved May 14, 1951.] *** MEND *** *** MSTART 039 009.00 004.00 0 DE 1897 1951 *** "Section 9. The Orphans' Court shall have all the jurisdiction and powers vested by the laws of this State in the Orphans' Court. [Approved May 14, 1951.] *** MEND *** *** MSTART 040 010.00 004.00 0 DE 1897 1951 *** "Section 10. The Chancellor and the Vice-Chancellor or Vice-Chancellors shall hold the Court of Chancery. One of them, respectively, shall sit alone in that court. This court shall have all the jurisdiction and powers vested by the laws of this State in the Court of Chancery. The business of the court shall be distributed by the Chancellor and the Vice-Chancellor or Vice- Chancellors between or among themselves in such manner as to expedite it. The rules of the Court of Chancery shall be made by the Chancellor and he may make general rules providing for the distribution of the business of the court between or among the Chancellor and the Vice-Chancellor or Vice-Chancellors. In any cause or matter in the Court of Chancery that is initiated by an application to a Judge of that Court, the application may be made directly to the Chancellor or a Vice-Chancellor. Causes or proceedings in the Court of Chancery shall be decided, and orders or decrees therein shall be made, by the Chancellor or Vice- Chancellor who hears them, respectively. "In cases of temporary emergency, upon written request made by the Chancellor to the President Judge of the Superior Court and of the Orphans' Court, or to the Senior Associate Judge of said Courts if the said President Judge should be incapacitated or absent from the State, such President Judge or senior Associate Judge, as the case may be, shall be authorized and it shall be his duty to designate one or more of the five Judges of the Superior Court and of the Orphans' Court to sit separately as Acting Vice-Chancellor, or Acting Vice-Chancellors, and hear and decide such causes in the Court of Chancery as the Chancellor may indicate prior to such designation that he desires to be so heard and decided. It shall be the duty of the Judges so designated to serve accordingly as Acting Vice- Chancellors. The Judges hearing and deciding such causes as such Acting Vice- Chancellors shall make all appropriate orders and decrees therein, in their own names as Acting Vice-Chancellors, and, for the purpose of said causes, shall be Judges of the Court of Chancery. [Approved May 14, 1951.] *** MEND *** *** MSTART 041 011.01 004.00 0 DE 1897 1951 *** "Section 11. The Supreme Court shall have Jurisdiction as follows: "(1) To issue writs of error in civil causes to the Superior Court and to determine finally all matters in error in the judgments and proceedings of said Superior Court in civil causes. [Approved May 14, 1951.] *** MEND *** *** MSTART 042 011.02 004.00 0 DE 1897 1951 *** Section 11. The Supreme Court shall have Jurisdiction as follows: "(2) To issue upon application of the accused, after conviction and sentence, writs of error in criminal causes to the Superior Court in all cases in which the sentence shall be death, imprisonment exceeding one month, or fine exceding One Hundred Dollars ($100.00), 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 Superior Court in such criminal causes; provided, however, that there shall be no writ of error to the Superior Court in cases of prosecution under Section 8 of Article V of this Constitution. [Approved May 14, 1951.] *** MEND *** *** MSTART 043 011.03 004.00 0 DE 1897 1951 *** Section 11. The Supreme Court shall have Jurisdiction as follows: "(3) To receive appeals from the Superior Court in cases of prosecution under Section 8 of Article V of this Constitution and to determine finally all matters of appeal in such cases. [Approved May 14, 1951.] *** MEND *** *** MSTART 044 011.04 004.00 0 DE 1897 1951 *** Section 11. The Supreme Court shall have Jurisdiction as follows: "(4) To receive appeals from the Court of Chancery and to determine finally all matters of appeal in the interlocutory or final decrees and other proceedings in chancery. [Approved May 14, 1951.] *** MEND *** *** MSTART 045 011.05 004.00 0 DE 1897 1951 *** Section 11. The Supreme Court shall have Jurisdiction as follows: "(5) To receive appeals from the Orphans' Court and to determine finally all matters of appeal in the interlocutory or final decrees. and judgments and other proceedings in the Orphans' Court. [Approved May 14, 1951.] *** MEND *** *** MSTART 046 011.06 004.00 0 DE 1897 1951 *** Section 11. The Supreme Court shall have Jurisdiction as follows: "(6) To issue writs of prohibition, quo warranto, certiorari and mandamus to the Superior Court, the Court of Chancery and the Orphans' Court, or any of the Judges of the said courts and also to any inferior court or courts established or to be established by law and to any of the Judges thereof and to issue all orders, rules and processes proper to give effect to the same. The General Assembly shall have power to provide by law in what manner the jurisdiction and power hereby conferred may be exercised in vacation and whether by one or more Justices of the Supreme Court. [Approved May 14, 1951.] *** MEND *** *** MSTART 047 011.07 004.00 0 DE 1897 1951 *** Section 11. The Supreme Court shall have Jurisdiction as follows: "(7) To issue such temporary writs or orders in causes pending on appeal, or on writ of error, as may be necessary to protect the rights of parties and any Justice of the Supreme Court may exercise this power when the court is not in session. [Approved May 14, 1951.] *** MEND *** *** MSTART 048 011.08 004.00 0 DE 1897 1951 *** Section 11. The Supreme Court shall have Jurisdiction as follows: " (8) To exercise such other Jurisdiction by way of appeal, writ of error or of certiorari as the General Assembly may from time to time confer upon it. [Approved May 14, 1951.] *** MEND *** *** MSTART 049 011.09 004.00 0 DE 1897 1951 *** Section 11. The Supreme Court shall have Jurisdiction as follows: "(9) To hear and determine questions of law certified to it by the Court of Chancery, Superior Court or Orphans' Court where it appears to the Supreme Court that there are important and urgent reasons for an immediate determination of such questions by it. The Supreme Court may by rules define generally the conditions under which questions may be certified to it and prescribe methods of certification. [Approved May 14, 1951.] *** MEND *** *** MSTART 050 012.00 004.00 0 DE 1897 1951 *** "Section 12. The Supreme Court shall always consist of the three Justices composing it except in case of a vacancy or vacancies in their number or in case any one or two of them shall be incapacitated or disqualified to sit by reason of interest, in any of which cases the Chief Justice of the Supreme Court, or if he be disqualified or incapacitated or if there be a vacancy in that office, the Justice who by seniority is next in rank to the Chief Justice, shall have the power to designate from among the Chancellor, the Vice-Chancellor or Vice-Chancellors, and the Judges of the Superior Court, one or more persons to sit in the Supreme Court temporarily to fill up the number of that court to three Justices and it shall be the duty of the person or persons so designated to sit accordingly; provided, however, that no one shall be so designated to sit in the Supreme Court to hear any cause in which he sat below. Three Justices shall constitute a quorum in the Supreme Court. Any one of the Justices of the Supreme Court may open and adjourn court. [Approved May 14, 1951.] *** MEND *** *** MSTART 051 013.00 004.00 0 DE 1897 1951 *** "Section 13. In matters of chancery jurisdiction in which the Chancellor and all the Vice-Chancellors are interested or otherwise disqualified, the President Judge of the Superior Court and of the Orphans' Court shall have jurisdiction, or, if the said President Judge is interested or otherwise disqualified, the senior Associate Judge not interested or otherwise disqualified shall have jurisdiction [Approved May 14, 1951.] *** MEND *** *** MSTART 052 014.00 004.00 0 DE 1897 1951 *** "Section 14. The President Judge of the Superior Court and of the Orphans' Court or any Associate Judge shall have power, in the absence of the Chancellor and all the Vice- Chancellors from the county where any suit in equity may be instituted or during the temporary disability of the Chancellor and all the Vice-Chancellors, to grant restraining orders, and the said President Judge or any Associate Judge shall have power, during the absence of the Chancellor and all the Vice-Chancellors from the State or his and their temporary disability, to grant preliminary injunctions pursuant to the rules and practice of the Court of Chancery; provided that nothing herein contained shall be construed to confer general jurisdiction over the case. [Approved May 14, 1951.] *** MEND *** *** MSTART 053 015.00 004.00 0 DE 1897 1951 *** "Section 15. The Governor shall have power to commission a Judge or Judges ad litem to sit in any cause in any of said Courts when by reason of legal exception to the Judges authorized to sit therein, or for other cause, there are not a sufficient number of Judges available to hold such Court. The commission in such case shall confine the office to the cause and it shall expire on the determination of the cause. The Judge so appointed shall receive reasonable compensation to be fixed by the General Assembly. A Member of Congress, or any person holding or exercising an office under the United States, shall not be disqualified from being appointed a Judge ad litem. [Approved May 14, 1951.] *** MEND *** *** MSTART 054 016.00 004.00 0 DE 1897 1951 *** "Section 16. The jurisdiction of each of the aforesaid courts shad be co-extensive with the State. Process may be issued out of each court, in any county, into every county. No costs shall be awarded against 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. [Approved May 14, 1951.] *** MEND *** *** MSTART 055 017.00 004.00 0 DE 1897 1951 *** "Section 17. The General Assembly, notwithstanding anything contained in this Article, shall have power to repeal or alter any Act of the General Assembly giving jurisdiction to the former Court of Oyer and Terminer, the former Superior Court, the former Court of General Sessions of the Peace and Jail Delivery, the former Court of General Sessions, the Superior Court hereby established, 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 Superior Court, the Orphans' Court and the Court of Chancery Jurisdiction and powers in addition to those herein before mentioned. Until the General Assembly 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 former Court of Errors and Appeals or to the former Supreme Court of this State. [Approved May 14, 1951.] *** MEND *** *** MSTART 056 018.00 004.00 0 DE 1897 1951 *** "Section 18. Until the General Assembly shall otherwise provide, the Chancellor and the Vice- Chancellor or Vice- Chancellors, respectively, 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 President Judge of the Superior Court and of the Orphans' Court and the Associate Judges of said Courts shall each singly exercise all the powers which any law of this State vests in the Judges singly of the former Superior Court, whether as members of the Court or otherwise. [Approved May 14, 1951.] *** MEND *** *** MSTART 057 019.00 004.00 0 DE 1897 1951 *** "Section 19. Judges shall not charge juries with respect to matters of fact, but may state the questions of fact in issue and declare the law. [Approved May 14, 1951.] *** MEND *** *** MSTART 058 020.00 004.00 0 DE 1897 1951 *** "'Section 20. In civil causes where 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. [Approved May 14, 1951.] *** MEND *** *** MSTART 059 021.00 004.00 0 DE 1897 1951 *** Section 21. 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 in pleadings and legal proceedings, so that by error in any of them, the determination of causes, according to their real merits, shall not be hindered; and also of directing the examination of witnesses and parties litigant. [Approved May 14, 1951.] *** MEND *** *** MSTART 060 022.00 004.00 0 DE 1897 1951 *** "Section 22. At any time pending an action for debt or damages, the defendant may bring into court a sum of money for discharging the same, together with the costs then accrued and the plaintiff not accepting the same, if upon the final decision of the cause, he shall not recover a greater sum than that so paid into court for him, he shall not recover any costs accruing after such payment, except where the plaintiff is an executor or administrator. [Approved May 14, 1951.] *** MEND *** *** MSTART 061 023.00 004.00 0 DE 1897 1951 *** "Section 23. By the death of any party, no suit in chancery 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 administrator of a deceased petitioner or plaintiff may prosecute the said suit; and if a respondent or defendant dies, the executor or administrator being duly serviced with a scire facias thirty (30) 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. [Approved May 14, 1951.] *** MEND *** *** MSTART 062 024.00 004.00 0 DE 1897 1951 *** "Section 24. Whenever a person, not being an executor or administrator, appeals or applies to the Supreme Court for a writ of error, such appeal or writ shall be no stay of proceedings in the court below unless the appellant or plaintiff in error shall give sufficient security to be approved by the court below or by a judge of the Supreme Court that the appellant or plaintiff 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 fail to make his plea good. [Approved May 14, 1951.] *** MEND *** *** MSTART 063 025.00 004.00 0 DE 1897 1951 *** "Section 25. No writ of error shall be brought upon any judgment heretofore confessed, entered or rendered, or upon any judgment hereafter to be confessed, entered or rendered, but within six (6) months after the confessing, entering or rendering thereof; unless the person entitled to such writ be an infant, non compos mentis, or a prisoner, and then within six months exclusive of the time of such disability. [Approved May 14, 1951.] *** MEND *** *** MSTART 064 026.00 004.00 0 DE 1897 1951 *** "Section 26. The Prothonotary of each County shall be the Clerk of the Superior Court in and for the County in which he holds office. He may issue process, take recognizance of bail and enter judgments, according to law and the practice of the court. No judgment in one county shall bind lands or tenements in another until a testatum fieri facias being issued shall be entered of record in the office of the Prothonotary of the County wherein the lands or tenements are situated. Such Prothonotary shall perform all duties heretofore performed by the Clerk of the Peace as Clerk of the former Court of General Sessions and the former Court of Oyer and Terminer. [Approved May 14, 1951.] *** MEND *** *** MSTART 065 027.00 004.00 0 DE 1897 1951 *** "Section 27. The Supreme Court shall have the power to appoint a Clerk to hold office at the pleasure of the said Court. He shall receive from the State for his services a compensation which shall be fixed from time to time by the said Court and paid monthly. [Approved May 14, 1951.] *** MEND *** *** MSTART 066 028.00 004.00 0 DE 1897 1951 *** "Section 28. The General Assembly may by law give to 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, carrying concealed a deadly weapon, disturbing meetings held for the purpose of religious worship, nuisances, and such other misdemeanors as the General Assembly may from time to time, with the concurrence of two-thirds of all the Members elected to each House, prescribe. "The General Assembly may by law regulate this jurisdiction, and provide that the proceedings shall be with or without indictment by grand jury, or trial by petit jury, and may grant or deny the privilege of appeal to the Superior Court; provided, however, that there shall be an appeal to the Superior Court in all cases in which the sentence shall be imprisonment exceeding one (1) month, or a fine exceeding One Hundred Dollars ($100.00). [Approved May 14, 1951.] *** MEND *** *** MSTART 067 029.00 004.00 0 DE 1897 1951 *** "Section 29. There shall be appointed, as hereinafter provided, such number of persons to the office of Justice of the Peace as shall be directed by law, who shall be commissioned for four (4) years. [Approved May 14, 1951.] *** MEND *** *** MSTART 068 030.00 004.00 0 DE 1897 1951 *** "Section 30. Justices of the Peace and the judges of such courts as the General Assembly may establish, or shall have established prior to the time this amended Article IV Of this Constitution becomes effective, pursuant to the provisions of Section 1 or Section 28 of this Article, shall be appointed 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. [Approved May 14, 1951.] *** MEND *** *** MSTART 069 031.00 004.00 0 DE 1897 1951 *** "Section 31. The Registers of Wills of the several counties 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 made part of the proceedings in the cause. This court may issue process throughout the State. Appeals may be taken from a Register's Court to the Orphans' Court. In cases where a Register of Wills is interested in questions concerning the probate of wills, the granting of letters of administration, or executors' or administrators' accounts, the cognizance thereof shall belong to the Orphans' Court. [Approved May 14, 1951.] *** MEND *** *** MSTART 070 032.00 004.00 0 DE 1897 1951 *** "Section 32. An executor or administrator shall file every account with the Register of Wills for the County, who shall, as soon as conveniently may be, carefully examine the particulars with the proofs thereof, in the presence of such executor or administrator, and shall adjust and settle the same accordingly to the right of the matter and the law of the land; which account so settled shall remain in his office for inspection; and the executor, or administrator, shall within three (3) months after such settlement give notice in writing to all persons entitled to shares of the estate, 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 both sides of every such account, either denying the justice of the allowances 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 settled according to the right of the matter and the law of the land. "The General Assembly shall have the power to transfer to the Orphans' Court all or a part of the jurisdiction by this Constitution vested in the Register of Wills and to vest in the Orphans' Court all or a part of such jurisdiction and to provide for appeals from that Court exercising such jurisdiction. [Approved May 14, 1951.] *** MEND *** *** MSTART 071 033.00 004.00 0 DE 1897 1951 *** "Section 33. The style in all process and public acts shall be THE STATE OF DELAWARE. Prosecutions shall be earned on in the name of the State. [Approved May 14, 1951.] *** MEND *** *** MSTART 072 034.00 004.00 0 DE 1897 1951 *** "Section 34. The Chancellor, Chief Justice and Associate Judges in office at and immediately before the time this amended Article IV of this Constitution becomes effective shall hold their respective offices until the expiration of their terms respectively and shall receive the compensation provided by law. They shall, however, be hereafter designated as follows: "The Chancellor shall continue to be designated as Chancellor; "The Chief Justice shall hereafter be designated as President Judge of the Superior Court and of the Orphans' Court; "The Associate Judges shall hereafter be designated as Associate Judges of the Superior Court and of the Orphans' Court. "The Vice-Chancellor in office at and immediately before the time this amended Article IV of this Constitution becomes effective shall hold his office until the expiration of the period of twelve years from the date of the commission for the office of Vice-Chancellor held by him at the time this amended Article IV of this Constitution becomes effective and she receive the compensation provided by law. He shall continue to be designated as Vice-Chancellor. [Approved May 14, 1951.] *** MEND *** *** MSTART 073 035.00 004.00 0 DE 1897 1951 *** "Section 35. All writs of error and appeals and proceedings pending, at the time this amended Article IV of this Constitution becomes effective, in the Supreme Court as heretofore constituted shall be proceeded within the Supreme Court hereby established, and all the books, records and papers of the said Supreme Court as heretofore constituted shall be the books, records and papers of the Supreme Court hereby established. "All suits, proceedings and matters pending, at the time this amended Article IV of this Constitution becomes effective, in the Superior Court as heretofore constituted shall be proceeded within the Superior Court hereby established and all the books records and papers of the said Superior Court as heretofore constituted shall be the books, records and papers of the said Superior Court as heretofore constituted shall be the books, records and papers of the Superior Court hereby established. "All indictments, proceedings and matters of a criminal nature pending in the former Court of General Sessions and in the former Court of Oyer and Terminer, at the time this amended Article IV of this Constitution becomes effective, and all books, records and papers of said former Court of General Sessions and former Court of Oyer and Terminer shall be transferred to the Superior Court hereby established, and the said indictments, proceedings and matters pending shall be proceeded with to final judgment and determination in the said Superior Court hereby established. "The Court of Chancery is not affected by this amended Article IV of this Constitution otherwise than by the provisions with respect to a Vice-Chancellor or Vice-Chancellors." [Approved May 14, 1951.] *** MEND *** *** MSTART 074 018.00 003.00 0 DE 1897 1955 *** "Section 1. Section 18 of Article 3 of the Constitution of the State of Delaware is amended by striking out the whole of the last sentence in Section 18 and substituting the following: 'Every order and resolution to which the concurrence of both Houses of the General Assembly may be necessary, except on a question of adjournment and those matters dealing solely with the internal or administrative affairs of the General Assembly, shall be presented to the Governor, and before the same shall take effect be approved by him, or being disapproved by 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 prescribed in the case of a bill'." [Effective May 6, 1955.] *** MEND *** *** MSTART 075 013.00 004.00 0 DE 1897 1957 *** Section 1. Article IV, Section 13 of the Constitution of the State of Delaware is amended by striking out all of that Section and inserting in lieu thereof a new Section 13 to read as follows: Section 13. The Chief Justice of the Supreme Court, or in case of his absence from the State, or incapacity, the Senior Associate Justice of the Supreme Court, or in case of his absence from the State, or incapacity, the remaining Associate Justice of the Supreme Court, shall be the administrative head of all the Courts in the State, and shall have general administrative and supervisory powers over all the courts. Such powers shall include but shall not be limited to the following: (1) Upon the approval of a majority of the Justices of the Supreme Court to adopt rules for the administration of justice and the conduct of business of any or all the courts in this State: Provided, however, that any other of the courts in this State may from time to time, subject to the exercise of the power in this paragraph (1) conferred upon the Justices of the Supreme Court, adopt rules of pleading practice and procedure applicable to such Court. (2) Upon written request made by the Chancellor, or in his absence or incapacity by the Vice Chancellor, or upon the written request made by the President Judge of the Superior Court and of the Orphans' Court, or in his absence or incapacity by the Senior Associate Judge, to designate one or more of the State Judges (including the Justices of the Supreme Court) to sit in the Court of Chancery, the Superior Court, or the Orphans' Court, as the case may be, and to hear and decide such causes in such Court and for such period of time as shall be designated. It shall be the duty of the State Judge so designated to serve according to such designation as a Judge of the Court designated. The provisions of this paragraph shall not be deemed to limit in any manner the powers conferred upon the judges of the Superior Court under Section 14 of this Article. [Effective March 7, 1957.] *** MEND *** *** MSTART 078 005.00 004.00 0 DE 1897 1957 *** Section 2. Article IV, Section 5 of the Constitution of the State of Delaware is amended by striking out all of that Section and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The President Judge of the Superior Court and the Orphans' Court and the four Associate Judges thereof shall compose the Superior Court and the Orphans' Court, as hereinafter prescribed. In each of the said courts the President Judge when present shall preside and in his absence the senior Associate Judge present shall preside. One judge shall constitute a quorum of the said courts, respectively, except in the Superior Court sitting to try a criminal case involving a charge of capital felony, when three judges shall constitute a quorum, and except in the Superior Court sitting to try cases of prosecution under Section 8 of Article V of this Constitution, when two Judges shall constitute a quorum. One Judge may open and adjourn any of said courts. [Effective March 7, 1957.] *** MEND *** *** MSTART 079 006.00 004.00 0 DE 1897 1957 *** Section 3. Article IV, Section 6 of the Constitution of the State of Delaware is amended by striking out all of that Section and inserting in lieu thereof a new Section 6 to read as follows: Section 6. Subject to the provisions of Section 5 of this Article two or more sessions of the Superior Court and of the Orphans' Court may at the same time be held in the same County or in different Counties. [Effective March 7, 1957.] *** MEND *** *** MSTART 080 010.00 004.00 0 DE 1897 1957 *** Section 4. Article IV, Section 10 of the Constitution of the State of Delaware is amended by striking out all of that Section and inserting in lieu thereof a new Section 10 to read as follows: Section 10. The Chancellor and the Vice Chancellor or Vice Chancellors shall hold the Court of Chancery. One of them, respectively, shall sit alone in that court. This court shall have all the jurisdiction and powers vested by the laws of this State in the Court of Chancery. In any cause or matter in the Court of Chancery that is initiated by an application to a Judge of that Court, the application may be made directly to the Chancellor or a Vice Chancellor. Causes or proceedings in the Court of Chancery shall be decided, and orders or decrees therein shall be made by the Chancellor or Vice Chancellor who hears them, respectively. [Effective March 7, 1957.] *** MEND *** *** MSTART 081 017.A 002.00 0 DE 1897 1957 *** Section 1. Article 2 of the Constitution of the State of Delaware is hereby amended by adding a new section, to be known as Section 17A thereto to read as follows: "Section 17A. The game of Bingo shall be lawful when sponsored and conducted by Volunteer Fire Companies, Veteran's Organizations, Religious or Charitable Organizations, or by Fraternal Societies provided the net receipts or profits arising from the conducting or operating of such Bingo games by the aforementioned Companies, Organizations, or Societies are used solely for the promotion or achievement of the purposes of such Companies, Organizations, or Societies, and provided further that the aforementioned Companies, Organizations, or Societies are operated in a manner so as to come within the provisions of Section 170 of the U.S. Revenue Code and Regulations promulgated thereunder by the U.S. Secretary of the Treasury. *** MEND *** *** MSTART 082 017.A1 002.00 0 DE 1897 1957 *** 1. The General Assembly shall 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 subparagraph 2 of Section 17A of this article at the General Election held in 1958, the question whether the playing of the game of "Bingo" shall be licensed or prohibited within the limits thereof; and in every district in which there is a majority against license, no organization, mentioned in Section 17A, shall thereafter sponsor or permit the playing of "Bingo", 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 named in subparagraph 2 of Section 17A 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 district at the next general election thereafter. *** MEND *** *** MSTART 083 017.A2 002.00 0 DE 1897 1951 *** 2. Under the provisions of this Article, Sussex County shall comprise one district, Kent County shall comprise one district, the City of Wilmington, as its corporate limits now are or may hereafter be extended, one district, and the remaining part of New Castle County, one district. *** MEND *** *** MSTART 084 017.A3 002.00 0 DE 1897 1951 *** 3. The General Assembly shall provide necessary laws to carry out and enforce the provisions of this Article, enact laws governing the game of "Bingo" under the limitations of this Article, and may provide such penalties as may be necessary to enforce same." [Approved April 23, 1957.] *** MEND *** *** MSTART 085 025.00 004.00 0 DE 1897 1957 *** Section 1. Article IV, Section 25 of the Constitution of the State of Delaware is repealed; provided, however, that until the effective date of legislation enacted by the General Assembly dealing with the subject matter of said Section 25, the existing provisions of said section shall continue in full force and effect. [Effective April 29, 1957.] *** MEND *** *** MSTART 086 003.00 004.00 0 DE 1897 1957 *** Section 1. That Article IV of the Constitution of the State of Delaware be and the same is hereby amended by adding an additional paragraph to said Section 3 of said Article IV to read as follows: Fourth, before sending the name of any person to the Senate for confirmation as the appointment of Governor to a vacancy in any Judicial Office as aforesaid, the Governor shall, not less than ten (10) days before sending the name of such persons to the Senate for confirmation, address a public letter to the President of the State informing him that he intends to submit to the Senate for confirmation as an appointment to such vacancy the name of the person he intends to appoint. [Effective May 13, 1957.] *** MEND *** *** MSTART 087 015.00 002.00 0 DE 1897 1959 *** Section 1. Section 15, Article 2, of the Constitution of the State of Delaware is hereby amended by striking out the words and figures, "One Thousand Dollars ($1,000.00)" as they appear in lines 2 and 3 thereof and substituting in lieu thereof the following words and figures: "Three Thousand Dollars ($3,000.00)" [Effective January 21, 1959.] *** MEND *** *** MSTART 088 004.00 002.00 0 DE 1897 1959 *** Section 1. Section 4, Article II of the Constitution of the State of Delaware is amended by repealing said section 4 and inserting in lieu thereof a new section as follow: Section 4. The General Assembly shall meet on the first Tuesday of January, nineteen hundred and sixty-one, and on the same day in every second year thereafter, and on the first Tuesday in February, nineteen hundred and sixty-two, and on the same day in every second year thereafter, and at no other time, unless convened by the Governor. When the General Assembly shall be convened by the Governor, the session shall not continue longer than thirty days. The General Assembly may continue its session so long as in its judgment the public interest may require, for a period not longer than ninety legislative days in odd years and thiry legislative days in even years. In any of said thirty legislative day sessions in even years, the General Assembly shall consider no bills other than (1) bills having to do with budgetary, revenue, and financial matters, (2) legislation dealing with an acute emergency, and (3) legislation in general public welfare. [Effective April 10, 1959.] *** MEND *** *** MSTART 089 007.00 002.00 0 DE 1897 1959 *** Section 2. Section 7 of Article II of the Constitution of the State of Delaware is amended by striking out the word "biennial" in the first line of said section and substituting in lieu thereof the world "annual". [Effective April 10, 1959.] *** MEND *** *** MSTART 090 024.00 002.00 0 DE 1897 1959 *** Section 3. Section 24 of Article II of the Constitution of the State of Delaware is amended by striking out the word "biennial" in the third line of said section and substituting in lieu thereof the words "ninety legislative day". [Effective April 10, 1959.] *** MEND *** *** MSTART 091 011.01 004.00 0 DE 1897 1960 *** Section 1. Paragraph (1) of Section 11 of Article IV of the Constitution of the State of Delaware is amended to read as follows: (1) (a) To receive appeals from the Superior Court in civil causes and to determine finally all matters of appeal in the interlocutory or final judgments and other proceedings of said Superior Court in civil causes: Provided that on appeal from a verdict of a jury, the findings of the jury, if supported by evidence, shall be conclusive. (1) (b) To receive appeals from the Superior Court in criminal causes, upon application of the accused 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 of appeal on the judgments and proceedings of said Superior Court in criminal causes: Provided, however, that appeals from the Superior Court in cases of prosecution under Section 8 of Article V of this Constitution shall be governed by the provisions of that Section. [Effective March 23, 1960.] *** MEND *** *** MSTART 092 011.02 004.00 0 DE 1897 1960 *** Section 2. That paragraph (2) of Section 11 of Article IV of the Constitution of the State of Delaware be amended to read as follows: (2) Wherever in this Constitution reference is made to a writ of error or a proceeding in error to the Superior Court, such reference shall be construed as referring to the appeal provided for in Section (1) (a) and Section 1 (b) of this Article. [Effective March 23, 1960.] *** MEND *** *** MSTART 093 002.00 004.00 0 DE 1897 1961 *** Section 1. Article IV, Section 2 of the Constitution of the State of Delaware is amended by striking out all of that Section and inserting in lieu thereof a new Section 2 to read as follows: Section 2. There shall be three Judges of the Supreme Court who shall be citizens of the State and learned in the law. One of them shall be the Chief Justice who shall be designated as such by his appointment and who when present shall preside at all sittings of the Court. In the absence of the Chief Justice the Justice present who is senior in length of service shall preside. If it is otherwise impossible to determine seniority among the Justices, they shall determine it by lot and certify accordingly to the Governor. There shall be seven other State Judges, who shall be citizens of the State and learned in the law. One of them shall be Chancellor, one of them Vice-Chancellor, one of them President Judge of the Superior Court and of the Orphans' Court, and the remainder of them Associate Judges of the Superior Court and of the Orphans' Court. Three of said Associate Judges shall be Resident Associate Judges and one of them shall after appointment reside in each county of the State. There shall also be such number of additional Vice-Chancellors and Associate Judges as may hereinafter be provided for by Act of the General Assembly. Each of such Vice-Chancellors and Associate Judges shall be citizens of the State and learned in the law. If it is otherwise impossible to determine seniority of service among the Vice-Chancellors or among the said Associate Judges, they shall determine it by lot respectively and certify accordingly to the Governor. The tenure and status of the Justices of the Supreme Court and State Judges as shall have been appointed as provided for by the Constitution or by Act of the General Assembly prior to the time this amended Article IV of this Constitution becomes effective shall in no wise be affected. [Effective February 14, 1961.] *** MEND *** *** MSTART 094 003.00 004.00 0 DE 1897 1961 *** Section 1. Article IV, Section 3 of the Constitution of the State of Delaware is amended by striking all of that Section and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The Justices of the Supreme Court, the Chancellor, and the Vice-Chancellor or Vice-Chancellors, and the President Judge and Associate Judges of the Superior Court and of the Orphans' Court 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 each, and the persons so appointed shall enter upon the discharge of the duties of their respective offices upon taking the oath of office prescribed by this Constitution. If a vacancy shall occur, by expiration of term or otherwise, at a time when the Senate shall not be in session, the Governor shall within thirty (30) days after the happening of any such vacancy convene the Senate for the purpose of confirming his appointment to fill said vacancy and the transaction of such other executive business as may come before it. Such vacancy shall be filled as aforesaid for the full term. Appointments to the offices of the State Judiciary shall at all times be subject to all of the following limitations: First, no more than two of the three Justices of the Supreme Court in office at the same time, shall be of the same major political party, at least one of said Justices shall be of the other major political party; Second, at any time when the total number of Judges of the Superior Court and Orphans' Court shall be an even number not more than one-half of the members of all such offices shall be of the same political party; and at any time when the number of such offices shall be an odd number, then not more than a bare majority of the members of all such offices shall be of the same major political party, the remaining members of such offices shall be of the other major political party. Third, at any time when the total number of the offices of the three Justices of the Supreme Court, the Judges of the Superior Court and Orphans' Court, the Chancellor and all the Vice- Chancellors shall be an even number, not more than one-half of the members of all such offices shall be of the same major political party; and at any time when the total number of such offices shall be an odd number, then not more than a bare majority of the members of all such offices shall be of the same major political party; the remaining members of the Courts above enumerated shall be of the other major political party. Fourth, before sending the name of any person to the Senate for confirmation as the appointment of the Governor to a vacancy in any Judicial office as aforesaid, the Governor shall, not less than ten (10) days before sending the name of such person to the Senate for confirmation, address a public letter to the President of the Senate informing him that he intends to submit to the Senate for confirmation, as an appointment to such vacancy, the name of the person he intends to appoint. [Effective February 14, 1961.] *** MEND *** *** MSTART 095 005.00 004.00 0 DE 1897 1961 *** Section 1. Article IV, Section 5 of the Constitution of the State of Delaware is amended by striking out all of that Section and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The President Judge of the Superior Court and the Orphans' Court and the Associate Judges thereof shall compose the Superior Court and the Orphans' Court, as hereinafter prescribed. In each of the said courts the President Judge when present shall preside, and in his absence the senior Associate Judge present shall preside. [Effective February 14, 1961.] *** MEND *** *** MSTART 096 006.00 005.00 0 DE 1897 1961 *** Section 1. Article V, Section 6 of the Constitution of the State of Delaware is amended by striking out all of that Section and inserting in lieu thereof a new Section 6 to read as follows: Section 6. The presiding election officer of each hundred or election district, on the day next after the general election, shall deliver one of the certificates of the election, made and certified 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 Prothonotary of 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 officers 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 assistance as it shall 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 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 mistake in any such certificate, or in case fraud or mistake is apparent on the face of any 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 take 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 the other 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 said Court in the form required by law, and transmit, deliver and lodge the same as required by this Constitution or by law, and deliver the ballot boxes to the sheriff of the county, to be by him kept and delivered as required by law. No act or determination of the Court in the discharge of the duties imposed upon it by this Section shall be conclusive in the trial of any contested election. For the purposes of this Section the Superior Court shall consist in New Castle County of the President Judge and resident Associate Judge; in Kent County of the Chancellor and the resident Associate Judge; and in Sussex County of the resident Associate Judge and an Associate Judge designated by the President Judge. Two shall constitute a quorum. The Governor shall have power to commission a Judge for the purpose of constituting a quorum when by reason of legal exception to the Chancellor or any Judge, or for any other cause, a quorum could not otherwise be had. [Adopted February 14, 1961.] *** MEND *** *** MSTART 097 001.00 017.00 0 DE 1897 1961 *** Section 1. The Constitution of the State of Delaware is amended by adding a new Article thereto to read as follows: ARTICLE XVII CONTINUITY OF STATE AND LOCAL GOVERNMENTAL OPERATIONS IN PERIODS OF EMERGENCY RESULTING FROM DISASTERS CAUSED BY ENEMY ATTACK. The General Assembly, in order to insure continuity of State and local government operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices whose succession is not otherwise provided for in this Constitution, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and (2) to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations. In the exercise of the powers hereby conferred the General Assembly shall in all respects conform to the requirements of this Constitution except to the extent that in the judgment of the General Assembly so to do would be impracticable or would admit of undue delay. [Effective April 26, 1961.] *** MEND *** *** MSTART 098 009.00 008.00 0 DE 1897 1962 *** Section 1. Article 8 of the Constitution of the State of Delaware is amended by adding a new section thereto to read as follows: Any law which shall have the effect of increasing the rates of taxation on personal income for any year or part thereof prior to the date of the enactment thereof, or for any year or years prior to the year in which the law is enacted, shall be void. [Effective April 17, 1962.] *** MEND *** *** MSTART 099 002.00 002.00 0 DE 1897 1963 *** Section 1. Paragraphs 1 and 2 of Section 2 of Article II of the Constitution are hereby amended to read: The House of Representatives shall be composed of thirty-five members, plus such additional members as shall be provided pursuant to Section 2A of this Article, who shall be chosen for two years. The Senate shall be composed of twenty-one members, who shall be chosen for four years. The State is hereby divided into thirty-five Representative Districts. There shall be such additional Representative Districts as shall be provided pursuant to Section 2A of this Article. From each Representative District there shall be chosen, by the qualified electors thereof, one Representative. The State is also hereby divided into twenty-one Senatorial Districts, from each of which shall be chosen, by the qualified electors thereof, one Senator. In New Castle County there shall be seven Senatorial Districts, numbered from one to seven inclusive; in Kent County, seven Senatorial Districts, numbered from one to seven inclusive; and in Sussex County, seven Senatorial Districts from one to seven inclusive. Section 2. The following words are hereby added after the words: "Number Five. The Eighth and Tenth Representative Districts", in that part of Article II, Section 2 of the Constitution dealing with the Senatorial Districts in Kent County: Number Six, at Large. The first, second, fifth, seventh and eighth Representative Districts. Number Seven, at Large. The third, fourth, sixth, ninth and tenth Representative Districts. Section 3. The following words are added following the words "Number Five. The Ninth and Tenth Representative Districts", in that part of Article II, Section 2 of the Constitution dealing with the Senatorial Districts in Sussex County: Number Six, at Large. The first, second, third, fourth and fifth Representative Districts. Number Seven, at Large. The sixth, seventh, eighth, ninth and tenth Representative Districts. Section 4. The following words are hereby added immediately following the words added by Section 3 above: The first Senators elected from the Sixth Senatorial Districts of Kent and Sussex Counties shall serve for a two year term only, thereafter their successors shall serve for a full four year term. [Effective January 17, 1963.] *** MEND *** *** MSTART 100 002.A 002.00 0 DE 1897 1963 *** Section 5. The following new Section 2A is added to Article II of the Constitution, immediately following Section 2: Section 2A. In addition to the existing 35 Representative Districts as set forth in Section 2 of this Article, there shall be additional Representative Districts as hereafter provided. Each existing Representative District as set forth in Section 2 of this Article, with a population residing therein in excess of 15,000, as shown by the last official federal decennial census shall be entitled to one additional Representative for each additional 15,000 population or major fraction thereof residing within the District. Upon any Representative District, as set forth in Section 2 of this Article, being entitled to more than one Representative, it shall be sub-divided into two Representative Districts for each additional Representative to which it is entitled, from which shall be chosen by the qualified electors thereof, a Representative. After each official federal decennial census the new Representative Districts created pursuant to this Section shall be abolished and the Representative Districts set forth in Section 2 of this Article shall again be re-divided as set forth herein. The sub-dividing of the Representative Districts as set forth herein shall be done by a Redistricting Commission, consisting of the Governor, as Chairman, and the State Chairman of the two political parties receiving the largest vote for Governor at the preceding election for Governor as advisors to the Governor. Redistricting and reapportioning by the Commission as set forth herein shall be accomplished in accordance with the following criteria: Each new Representative District shall, insofar as is possible, be formed of contiguous territory; shall be as nearly equal in population as possible to the other new districts being created within the existing Representative District; shall be bounded by ancient boundaries, major roads, streams, or other natural boundaries; and not be so created as to unduly favor any person or political party. Within 120 calendar days following the official reporting to the President of the United States of each decennial census, (or within 120 calendar days after this amendment takes effect) the Governor, on behalf of the Commission, shall file with the Secretary of State the plan for redistricting and reapportioning as provided for herein. Forthwith, after the filing, the Governor shall issue a proclamation of redistricting and reapportioning. The Secretary of State shall cause such proclamation to be published in two newspapers of general circulation within the State for two consecutive weeks, within 20 days after the issuance of the proclamation. The proclamation shall become effective within 30 days of its issuance. Any qualified voter may apply to the Superior Court to compel the Governor, by mandamus or otherwise, to perform the redistricting and reapportioning duties or to correct any error in redistricting and reapportioning. Application to compel the Governor to perform the redistricting and reapportioning duties must be filed within thirty days of the expiration of the 120 days allotted to the Commission to file its plan, if such plan is not timely filed. Application to compel correction of any error in redistricting and reapportioning must be filed within thirty days following the proclamation. Original jurisdiction in these matters is hereby vested in the Superior Court. On appeal, the cause shall be reviewed by the Supreme Court upon the law and the facts. [Effective January 17, 1963.] *** MEND *** *** MSTART 102 002.B 002.00 0 DE 1897 1963 *** Section 6. The following new Section 2B is added to Article II of the Constitution, immediately following Section 2A as enacted above. Section 2B. The number of delegates and the method of electing delegates to the Constitutional Convention as provided in Section 2, Article 16, shall not be effected by the addition of Representatives or Representative Districts, pursuant to Section 2A of this Article. The Representative Districts which shall elect delegates to the Constitutional Convention are as set forth in Section 2 of this Article. [Effective January 17, 1963.] *** MEND *** *** MSTART 103 018.00 003.00 0 DE 1897 1963 *** Section 1. Article 3 of the Constitution of the State of Delaware is amended by striking Section 18 in its entirety and substituting a new Section 18 as follows: Section 18. Every bill which shall have passed both Houses of the General Assembly shall, before it becomes law, be presented to the Governor; if he approves, 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 large on the journal and proceed to reconsider 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 reconsidered, 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 Assembly shall, by final adjournment, prevent its return, in which case it shall not become a law without the approval of the Governor. For purposes of return of Bills not approved by the Governor the General Assembly shall be considered to be continuously in Session until final adjournment and the Clerk of the House of Representatives and the Secretary of the Senate shall be deemed proper recipients of such returned bills during recess or adjournment of the General Assembly other than final adjournment. No bill shall become a law afer 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 money, 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 re-passed according to the rules and limitations prescribed for the passage of other bills, over the Executive veto. Every order, resolution, or vote to which the concurrence of both Houses of the General Assembly may be necessary, except on a question of adjournment, shall be presented to the Governor, and before the same shall take effect be approved by him, or being disapproved by 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 prescribed in the case of a bill. Every order and resolution to which the concurrence of both Houses of the General Assembly may be necessary, except on a question of adjournment and those matters dealing solely with the internal or administrative affairs of the General Assembly, shall be presented to the Governor, and before the same shall take effect be approved by him, or being disapproved by 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 prescribed in the case of a bill. [Effective March 27, 1963.] *** MEND *** *** MSTART 104 015.00 002.00 0 DE 1897 1965 *** Section 1. Section 15, Article 2, of the Constitution of the State of Delaware, is amended by striking the first paragraph thereof and inserting in lieu thereof a new paragraph to read: The President of the Senate and the members of the General Assembly shall receive an annual salary of Four Thousand Five Hundred Dollars ($4,500), payable quarterly. The members shall receive no other compensation for services as such members but shall be entitled to the usual expenses of transportation and the stationery allowance as provided by the Constitution and Law of the State. [Effective January 6, 1965.] *** MEND *** *** MSTART 105 025.00 002.00 0 DE 1897 1965 *** Section 1. Article 2, Section 25 of the Constitution of the State of Delaware is amended by inserting after the words "municipalities and the County of" in the second line thereof the words "Sussex and the County of". [Effective February 24, 1965.] *** MEND *** *** MSTART 106 002.00 005.00 0 DE 1897 1965 *** Section 1. Section 2 of Article Five of the Constitution of the State of Delaware is amended by striking out the word "male" as the same appears in the first sentence thereof. [Effective April 14, 1965.] *** MEND *** *** MSTART 107 015.00 002.00 0 DE 1897 1967 *** Section 1. Section 15, Article 2, of the Constitution of the State of Delaware, is amended by striking out the first paragraph thereof and inserting in lieu thereof a new paragraph to read: The President of the Senate shall receive an annual salary of Nine Thousand Dollars ($9,000), payable quarterly. The members of the General Assembly shall receive an annual salary of Six Thousand Dollars ($6,000), payable quarterly. The members shall receive no other compensation for services as such members but shall be entitled to the usual expenses of transportation and the stationery allowance as provided by the Constitution and Laws of the State. [Effective May 2, 1967.] *** MEND *** *** MSTART 108 002.A 005.00 0 DE 1897 1967 *** Section 1. Article 5, of the Constitution of the State of Delaware, is amended by adding thereto a new section which shall be known as Section 2A and shall read as follows: Section 2A. The General Assembly shall extend to any elector in the state who shall have changed his residence from one county, hundred, or election district to another, but who has not resided therein for a sufficient time so as to be eligible to vote in the county, hundred or election district to which he has removed, the right to vote for the choice of electors for President and Vice-President of the United States, but for no other offices, provided such citizen would have been eligible to vote within this state had he not moved, and provided that he is not entitled to vote for the choice of electors for President or Vice- President of the United States in any other place and provided further that such citizen would be an otherwise qualified voter under this Constitution except that he has not resided in his county, hundred, or election district for a sufficient length of time. [Effective May 18, 1967.] *** MEND *** *** MSTART 109 002.B 005.00 0 DE 1897 1967 *** Section 2. Article 5, of the Constitution of the State of Delaware, is amended by adding a new section thereto which shall be known as Section 2B and shall read as follows: Section 2B. The General Assembly shall extend to a citizen of the United States who has resided in this State for at least 3 months next preceding an election but who does not meet the residence requirements established in Article V, Section 2 of this Constitution, the right to vote for the choice of electors for President and Vice-President of the United States, but for no other offices, provided such citizen was either a qualified voter in another state immediately prior to his removal to this State, or would have been eligible to vote in such other state had he remained there until such election, and provided that he is not entitled to vote for the choice of electors for President or Vice-President of the United States in any other state and provided further that such citizen would be an otherwise qualified voter under this Constitution except that he had not resided in this State for one year. [Effective May 18, 1967.] *** MEND *** *** MSTART 110 005.00 010.00 0 DE 1897 1967 *** Section 1. Article X of the Constitution of the State of Delaware is amended by adding thereto a new section to read: Section 5. Transportation of non-public school students Section 5. The General Assembly notwithstanding any other provision of this Constitution, may provide by an Act of the General Assembly, passed with the concurrence of a majority of all the members elected to each House, for the transportation of students of non-public Elementary and High Schools. [Effective June 5, 1967.] *** MEND *** *** MSTART 111 036.00 004.00 0 DE 1897 1967 *** Section 1. Article 4 of the Constitution of the State of Delaware is amended by adding the following section thereto: Section 36. The General Assembly shall have power to transfer to such court or courts as it deems appropriate all or any part of the jurisdiction, powers and functions of the Orphans' Court and all or any prt of the matters pending before the Orphans' Court, and to abolish the Orphans Court. [Effective December 19, 1967.] *** MEND *** *** MSTART 112 024.00 003.00 0 DE 1897 1967 *** Section 1. Article 3 of the Constitution of the State of Delaware is amended by adding the following section thereto: Section 24. The General Assembly shall have power to transfer all or any part of the powers, functions, and records of the Clerk of the Orphans' Court for any county to such other office or offices as it deems appropriate and to abolish the office of Clerk of the Orphans' Court for any county. [Effective December 19, 1967.] *** MEND *** *** MSTART 113 004.00 002.00 0 DE 1897 1969 *** Section 1. Section 4, Article II, of the Constitution of the State of Delaware is amended by striking said section in its entirety and adding in lieu thereof the following new Section 4: Section 4. The General Assembly shall convene on the second Tuesday of January of each calendar year unless otherwise convened by the Governor, or by mutual call of the presiding officers of both Houses. The General Assembly may continue in session each calendar year so long as, in its judgment, the public interest may require; however, each session shall not extend beyond the last day of June unless the session is recalled by the Governor or the mutual call of the presiding officers of both Houses. [Effective May 27, 1969.] *** MEND *** *** MSTART 114 037.00 004.00 0 DE 1897 1969 *** Section 1. Article 4 of the Constitution of the State of Delaware is amended by adding the following section thereto: Section 37. A Court on the Judiciary is hereby created consisting of the Chief Justice and the Associate Justices of the Supreme Court, the Chancellor, and the President Judge of the Superior Court. Any judicial officer appointed by the Governor may be censured or removed or retired by the Court on the Judiciary as herein provided. A judicial officer may be censured or removed by virtue of this section for wilful misconduct in office, wilful and persistent failure to perform his duties, the commission after appointment of an offense involving moral turpitude, or other persistent misconduct in violation of the Canons of Judical Ethics as adopted by the Delaware Supreme Court from time to time. A judicial officer may be retired by virtue of this section for permanent mental or physical disability interfering with the proper performance of the duties of his office. No judicial officer shall be censured or removed or retired under this section unless he has been served with a written statement of the charges against him, or of the grounds of his retirement, and shall have had an opportunity to be heard in accordance with due process of law. The affirmative concurrence of not less than two-thirds of the members of the Court on the Judiciary shall be necessary for the censure or removal or retirement of a judicial officer. The Court on the Judiciary shall be convened for appropriate action upon the order of the Chief Justice, or upon the order of any other three members of the Court on the Judiciary. All hearings and other proceedings of the Court on the Judiciary shall be private, and all records except a final order of removal or retirement shall be confidential, unless the judicial officer involved shall otherwise request. Upon an order of removal, the judicial officer shall thereby be removed from office, all of his authority, rights and privileges as a judicial officer shall cease from the date of the order, and a vacancy shall be deemed to exist as of that date. Upon an order of retirement, the judical officer shall thereby be retired with such rights and privileges as may be provided by law for the disability retirement of a judicial officer, and a vacancy shall be deemed to exist of the date of retirement. In the absence or disqualification of a member of the Court on the Judiciary, the Chief Justice, or in his absence or disqualification the Senior Associate Justice, shall appoint a substitute member pro tempore. The Court on the Judiciary shall have: (a) the power to summon witnesses to appear and testify under oath and to compel the production of books, papers and documents, and (b) the power to adopt rules establishing procedures for the investigation and trial of a judicial officer hereunder. [Effective April 24, 1969.] *** MEND *** *** MSTART 115 020.B 003.00 0 DE 1897 1969 *** Section 1. Section 20, Article 3, of the Constitution of the State of Delaware, is hereby amended by adding the following language which shall constitute a new subsection "(b)": Whenever the Governor transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as Acting Governor. Whenever the Chief Justice of the Delaware Supreme Court, the President of the Medical Society of Delaware and the Commissioner of the Department of Mental Health, acting unanimously, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives, their written declaration that the Governor is unable to discharge the powers and duties of his office because of mental or physical disability, the Lieutenant Governor shall immediately assume the powers and duties of the office as Acting Governor. Thereafter, when the Governor transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no disability exists, he shall resume the powers and duties of his office unless the Chief Justice of the Supreme Court of Delaware, the President of the Medical Society of Delaware and the Commissioner of the Department of Mental Health, acting unanimously, transmit within five days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the Governor is unable to discharge the powers and duties of his office because of mental or physical disability. Thereupon the General Assembly shall decide the issue, assembling within seventy-two hours for that purpose if not then in session. If the General Assembly within ten days after receipt of the latter written declaration determines by two-thirds vote of all the members elected to each house that the Governor is unable to discharge the powers and duties of his office because of mental or physical disability, the Lieutenant Governor shall continue to discharge same as Acting Governor; otherwise, the Governor shall resume the powers and duties of his office. *** MEND *** *** MSTART 116 020.0 003.0 0 DE 1897 1969 *** Section 2. Section 20, Article 3, of the Constitution of the State of Delaware, is further amended by designating the present language of said section as subsection "(a)" of said Section 20. [This amendment makes the text of the existing Section 20, Article 3 as Section 20.A] *** MEND *** *** MSTART 101 020.A 003.00 0 DE 1897 1969 *** Section 2. Section 20, Article 3, of the Constitution of the State of Delaware, is further amended by designating the present language of said section as subsection "(a)" of said Section 20. [This amendment makes the text of the existing Section 20, Article 3 as Section 20.A] *** MEND *** *** MSTART 117 020.A 003.00 0 DE 1897 1969 *** Section 3. Section 20, Article 3, of the Constitution of the State of Delaware, is further amended by placing a semi-colon at the end of the heading of said section and adding the following phrase: "Disability of Governor" [Effective June 10, 1969. ] *** MEND *** *** MSTART 118 011.00 003.00 0 DE 1897 1971 *** Section 1. Section 11, Article III of the Constitution of the State of Delaware is amended by striking out the words "Sheriff or Coroner" and by inserting in lieu thereof the words "Or Sheriff". [Effective June 2, 1971.] *** MEND *** *** MSTART 119 022.00 003.00 0 DE 1897 1971 *** Section 2. Section 22, Article III of the Constitution of the State of Delaware is amended by striking out the words "Terms of office of Sheriffs and Coroners shall be two years" and by inserting in lieu thereof the words "terms of office of Sheriffs shall be two years." [Effective June 2, 1971.] *** MEND *** *** MSTART 120 001.00 015.00 0 DE 1897 1971 *** Section 3. Section 1, Article XV of the Constitution of the State of Delaware is amended by striking out the words "and Coroners." [Effective June 2, 1971.] *** MEND *** *** MSTART 121 001.00 008.00 0 DE 1897 1971 *** Section 1. Section 1, Article VIII of the Constitution of the State of Delaware is amended by striking said section in its entirety and inserting in lieu thereof a new section to read as follows: Section 1. Uniformity of taxes; collection under general laws; exemption for public welfare purposes Section 1. 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 passed by the General Assembly. County Council of New Castle County and the Levy Courts of Kent and Sussex Counties are hereby authorized to exempt from county taxation such property in their respective counties as in their opinion will best promote the public welfare. The county property tax exemption power created by this section shall be exclusive as to such property as is located within the respective counties. With respect to real property located within the boundaries of any incorporated municipality, the authority to exempt such property from municipal property tax shall be exercised by the respective, incorporated municipality, when in the opinion of said municipality it will best promote the public welfare. Section 2. This Act will become effective July 1, following its adoption. This Act shall be operative for the fiscal years of the respective counties and incorporated municipalities which commence subsequent to the effective date of this Act. [Effective July 1, 1971.] *** MEND *** *** MSTART 122 017.00 002.00 0 DE 1897 1973 *** Section 1. Amend Article 2 of the Constitution of the State of Delaware by striking Section 17 and substituting in lieu thereof the following: Section 17. Lotteries and other gambling. All forms of gambling are prohibited in this State except the following: (a) Lotteries under State control for the purpose of raising funds, (b) Wagering or betting on races within the enclosure of any race meeting licensed and conducted under the laws of this State by the use of pari-mutual machines or totalizators, (c) Bingo games as conducted under the limitations of Section 17A. The General Assembly shall enforce this Section by appropriate legislation. [Effective June 25, 1973.] *** MEND *** *** MSTART 123 015.00 002.00 0 DE 1897 1975 *** Section 1. Amend Article II, Section 15 of the 1897 Constitution of the State of Delaware by striking the present Section 15 in its entirety, and substituting in lieu thereof a new Section 15 which shall read as follows: Section 15. Compensation, Expenses and Allowances of Members The President of the Senate and members of the General Assembly shall receive an annual salary and an annual expense allowance for transportation and such other necessary and proper purposes as the General Assembly shall by law provide. Funds appropriated hereunder shall be paid out of the Treasury of the State. [Effective April 16, 1975.] *** MEND *** *** MSTART 125 001.00 008.00 0 DE 1897 1976 *** Section 1. Amend Section 1 of Article VIII of the Constitution of the State of Delaware by striking said section in its entirety and inserting in lieu thereof a new section to read as follows: Section 1. Uniformity of taxes; assessment and taxation of land devoted to agricultural and forest use; collection under general laws; exemption for public welfare purposes. All taxes shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax, except as otherwise permitted herein, and shall be levied and collected under general laws passed by the General Assembly. County Councils of New Castle and Sussex Counties and the Levy Court of Kent Castle are hereby authorized to exempt from county taxation such property in their respective counties as in their opinion will best promote the public welfare. The county property tax exemption power created by this section shall be exclusive as to such property as is located within the respective counties with respect to real property located within the boundaries of any incorporated municipality; the authority to exempt such property from municipal property tax shall be exercised by the respective incorporated municipality; then in the opinion of the said municipality it will best promote the public welfare. The legislature shall enact laws to provide that the value of land which is determined by the assessing officer of the taxing jurisdiction to be actively devoted to agriculture use and to have been so devoted for at least the two successive years immediately preceding the tax year in issue, shall, for local tax purposes, on application of the owner, be that value which such land has for agricultural use. Any such laws shall provide that when land which has been valued in this manner for local tax purposes is applied to a use other than for agriculture, it shall be subject to additional taxes in an amount equal to the difference, if any, between the taxes paid or payable on the basis of the valuation and the assessment authorized hereunder and the taxes that would have been paid or payable had the land been valued and assessed as otherwise provided in this Constitution, in the current year and in such of the tax years immediately preceding, not less than two such years in which the land was valued as herein authorized. Such laws shall also provide for the assessment and collection of any additional taxes levied thereupon and shall include such other provisions as shall be necessary to carry out the provisions of this amendment. [Approved May 26, 1976.] *** MEND *** *** MSTART 126 004.A 005.00 0 DE 1897 1977 *** Section 1. Article 5, Section 4A of the Constitution of the State of Delaware of 1897 is amended by inserting after the words 'physical disability,' and before the words, 'may cast a ballot,' the following words: 'or because of his or her absence from the district while on vacation.' [Approved April 18, 1977.] *** MEND *** *** MSTART 127 009.00 001.00 0 DE 1897 1977 *** Section 1. Amend Article I of the Constitution of the State of Delaware by striking Section 9 in its entirety and substituting in lieu thereof the following: Section 9. All courts shall be open; and every man for an injury done him in his reputation, person, movable or immovable possessions, shall have remedy by the due course of law, and justice administered according to the very right of the cause and the law of the land, without sale, denial, or unreasonable delay or expense. Suits may be brought against the State, according to such regulations as shall be made by law. [Approved May 31, 1977.] *** MEND *** *** MSTART 128 001.00 008.00 0 DE 1897 1977 *** Section 1. Amend Section 1, Article VIII of the Constitution of the State of Delaware by striking the first paragraph of said section in its entirety and substituting in lieu thereof a new paragraph to read as follows: All taxes shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax, except as otherwise permitted herein, and shall be levied and collected under general laws passed by the General Assembly. County Councils of New Castle and Sussex Counties and the Levy Court of Kent County are hereby authorized to exempt from county taxation such property in their respective counties as in their opinion will best promote the public welfare. The county property tax exemption power created by this section shall be exclusive as to such property as is located within the respective counties. With respect to real property located within the boundaries of any incorporated municipality, the authority to exempt such property from municipal property tax shall be exercised by the respective incorporated municipality, when in the opinion of said municipality it will best promote this public welfare. [Approved June 29, 1977.] *** MEND *** *** MSTART 129 002.00 004.00 0 DE 1897 1978 *** Section 1. Article 4, Section 2 of the Constitution of the State of Delaware of 1897 is amended by striking out the word "three" as it appears after the words "shall be" and before the word "Justices" in the first line of said section, and substituting in lieu thereof the word "five". [Approved August 8, 1978.] *** MEND *** *** MSTART 130 003.00 004.00 0 DE 1897 1978 *** Section 2. Article 4, Section 3, paragraph 3 of the Constitution of the State of Delaware of 1897, as amended, is amended to read as follows: "First, three of the five Justices of the Supreme Court in office at the same time shall be of one major political party, and two of said Justices shall be of the other major political party." Section 3. Article 4, Section 3, paragraph 5 of the Constitution of the State of Delaware of 1897, as amended, is amended by striking the word "three" as it appears in Article 4, Section 3, paragraph 5. *** MEND *** *** MSTART 131 012.00 004.00 0 DE 1897 1978 *** Section 4. Article 4, Section 12 of the Constitution of the State of Delaware of 1897, as amended, is amended to read as follows: Section 12. Composition of Supreme Court; designation of temporary Justices, quorum; opening and adjourning court Section 12. A quorum of the Supreme Court shall consist of not less than three Justices. The entire Court shall sit in any criminal case in which the accused has been sentenced to death and in such other civil and criminal cases as the Court, by rule, or the General Assembly, upon the concurrence of two-thirds of all the members elected to each house, shall determine. In case of a lack of quorum by reason of vacancies in their number, incapacity, or disqualification to sit by reason of interest, or to constitute a three-member panel of the Court, the Chief Justice of the Supreme Court, or if he is disqualified or incapacitated or if there is a vacancy in that office, the Justice, who by seniority is next in rank to the Chief Justice, shall have the power to designate judges from among the judges of the constitutional courts to sit in the Supreme Court temporarily to fill up the number of Justices required by law. It shall be the duty of the judges of the constitutional courts so designated to sit accordingly. No judge shall be so designated to sit in the Supreme Court in any cause in which he sat below. Any one of the Justices of the Supreme Court may open and adjourn court. [Approved August 8, 1978.] *** MEND *** *** MSTART 132 004.00 015.00 0 DE 1897 1979 *** Section 1. Amend Section 4, Article XV, Constitution of the State of Delaware, by adding at the end thereof the following: "The term 'salary or emoluments' as used herein refers to the actual salary or emoluments being provided an officer at any time during his tenure in office and shall not be construed to mean increases in salary or emoluments scheduled by statute for a future date and not yet received by the officer." [Approved June 21,1979.] *** MEND *** *** MSTART 133 006.B 008.00 0 DE 1897 1980 *** Section 1. Amend Article 8, Section 6 of the Constitution of 1897 of the State of Delaware by designating the existing paragraph thereof as subsection (a) and inserting new subsections to read as follows: (b) No appropriation, supplemental appropriation, or Budget Act shall cause the aggregate State general fund appropriations enacted for any given fiscal year to exceed 98 percent of the estimated State general fund revenue for such fiscal year from all sources, including estimated unencumbered funds remaining at the end of the previous fiscal year. An Act approved pursuant to the provisions of Section 3 of this Article shall not be considered an appropriation for the purpose of this Section. Estimated unencumbered funds are calculated by taking the estimated general fund cash balance at the end of the fiscal year less estimated revenue anticipation bonds or notes, estimated encumbrances, estimated continuing appropriations and the amount of the Budget Reserve Account as established in subsection (d) of this Section at the end of said fiscal year. The amount of said revenue estimate and estimated unencumbered funds remaining shall be determined by the most recent Joint Resolution approved from time to time by a majority of the members elected to each House of the General Assembly and signed by the Governor. [Approved May 1, 1980.] *** MEND *** *** MSTART 134 006.A 008.00 0 DE 1897 1980 *** Section 1. Amend Article 8, Section 6 of the Constitution of 1897 of the State of Delaware by designating the existing paragraph thereof as subsection (a) and inserting new subsections to read as follows: [This renumbers the old Article 8, section 6 as Section 6A] [Approved May 1, 1980.] *** MEND *** *** MSTART 135 006.00 008.00 0 DE 1897 1980 *** Section 1. Amend Article 8, Section 6 of the Constitution of 1897 of the State of Delaware by designating the existing paragraph thereof as subsection (a) and inserting new subsections to read as follows: (b) No appropriation, supplemental appropriation, or Budget Act shall cause the aggregate State general fund appropriations enacted for any given fiscal year to exceed 98 percent of the estimated State general fund revenue for such fiscal year from all sources, including estimated unencumbered funds remaining at the end of the previous fiscal year. An Act approved pursuant to the provisions of Section 3 of this Article shall not be considered an appropriation for the purpose of this Section. Estimated unencumbered funds are calculated by taking the estimated general fund cash balance at the end of the fiscal year less estimated revenue anticipation bonds or notes, estimated encumbrances, estimated continuing appropriations and the amount of the Budget Reserve Account as established in subsection (d) of this Section at the end of said fiscal year. The amount of said revenue estimate and estimated unencumbered funds remaining shall be determined by the most recent Joint Resolution approved from time to time by a majority of the members elected to each House of the General Assembly and signed by the Governor. [Approved May 1, 1980.] *** MEND *** *** MSTART 136 006.C 008.00 0 DE 1897 1980 *** (c) Notwithstanding subsection (b) of this Section, any portion of the amount between 98 and 100 percent of the estimated State general fund revenue for any fiscal year as estimated in accordance with subsection (b) of this Section may be appropriated in any given fiscal year in the event of emergencies involving the health, safety, or welfare of the citizens of the State of Delaware, such appropriations to be approved by three-fifths of the members elected to each House of the General Assembly. [Approved May 1, 1980.] *** MEND *** *** MSTART 936 006.D 008.00 0 DE 1897 1980 *** (d) There is hereby established a Budget Reserve Account within the General Fund. Within forty- five (45) days after the end of any fiscal year, the excess of any unencumbered funds remaining from the said fiscal year shall be paid into the Budget Reserve Account, provided, however, that no such payment will be made which would increase the total of the Budget Reserve Account to more than five percent (5%) of only the estimated State General Fund Revenues as set by the provisions of subsection (b) of this Section. The excess of any unencumbered funds shall be determined by subtracting from the actual unencumbered funds at the end of any fiscal year an amount which together with the latest estimated revenues is necessary to fund the ensuing fiscal year's General Fund Budget including the required estimated General Fund supplemental and automatic appropriations for said ensuing fiscal year less estimated reversions. The General Assembly by a three-fifths vote of the members elected to each House, may appropriate from the Budget Reserve Account such additional sums as may be necessary to fund any unanticipated deficit in any given fiscal year or to provide funds required as a result of any revenue reduction enacted by the General Assembly. [Approved May 1, 1980.] *** MEND *** *** MSTART 137 010.A 008.00 0 DE 1897 1980 *** Section 1. There shall be added to Article 8 of the Delaware Constitution a new section to be entitled and which shall read as follows: Section 10. Limitation on Increase of Rate of Taxes and License Fees; Exception to Meet Obligation Under Faith and Credit Pledge; Allocation of Public Moneys to Meet Such Obligations if Revenues are not Sufficient to Meet Such Pledge. (a) The effective rate of any tax levied or license fee imposed by the State may not be increased except pursuant to an Act of the General Assembly adopted with the concurrence of three-fifths of all members of each House. *** MEND *** *** MSTART 138 010.B 008.00 0 DE 1897 1980 *** (b) Prior to the beginning of each fiscal year of the State, the General Assembly shall appropriate revenues of the State to pay interest on its debt to which it has pledged its faith and credit and which interest is payable in the year for which such appropriation is made and to pay the principal of such debt, payable in such year, whether at maturity or otherwise. To the extent that insufficient revenues of the State are available to pay principal of and interest on such debt when due and payable, the first public moneys of the State thereafter received shall be set aside and applied to the payment of the principal of and interest on such debt. To make up for such insufficient revenues, the General Assembly may increase the rate of taxes and fees without regard to the limitations of Paragraph (a) hereof after the failure to pay when due the principal of and interest on such debt. [Approved May 1, 1980.] *** MEND *** *** MSTART 938 021.00 003.00 0 DE 1897 1980 *** Section 1. Amend Article III of the Constitution of the State of Delaware by striking Section 21 in its entirety, and substituting in lieu thereof a new Section, which new Section shall read as follows: Section 21. Election and Term of Office for Certain State Officers Section 21. The terms of the office of the Attorney General, the Insurance Commissioner, the Auditor of Accounts and the State Treasurer shall be four years. These officers shall be chosen by the qualified electors of the State at general elections, and be commissioned by the Governor. [Approved June 26, 1980.] *** MEND *** *** MSTART 139 006.00 010.00 0 DE 1897 1980 *** Section 1. Amend Article X of the Constitution of the State of Delaware by adding thereto a new section, to be designated as Section 6, which new Section shall read as follows: Section 6. Property Tax; Use Limitations Section 6. No property tax receipts received by a public school district as a result of a property tax levied for a particular purpose shall be used for any other purpose except upon the favorable vote of a majority of the eligible voters in the district voting on the question. [Approved June 30, 1980.] *** MEND *** *** MSTART 140 011.0 008.00 0 DE 1897 1981 *** Section 1. Amend Article VIII of the Constitution of the State of Delaware by adding a new Section 11 thereto as follows: Section 11. Imposition or levy of new taxes or license fee. (a) No tax or license fee may be imposed or levied except pursuant to an act of the General Assembly adopted with the concurrence of three-fifths of all members of each House. (b) Prior to the beginning of each fiscal year of the State, the General Assembly shall appropriate revenues of the State to pay interest on its debt to which it has pledged its faith and credit and which interest is payable in the year for which such appropriation is made and to pay the principal of such debt, payable in such year, whether at maturity or otherwise. To the extent that insufficient revenues of the State are available to pay principal of and interest on such debt when due and payable, the first public moneys of the State thereafter received shall be set aside and applied to the payment of the principal of and interest on such debt. To make up for such insufficient revenues, the General Assembly may increase the rate of taxes and fees without regard to the limitations of Paragraph (a) hereof after the failure to pay when due the principal of and interest on such debt. Section 2. The provisions of this bill shall not apply to any tax or license fee authorized by an act of the General Assembly but not effective upon the date of this bill. [Approved May 28, 1981.] *** MEND *** *** MSTART 142 038.00 004.00 0 DE 1897 1981 *** Section 1. Amend Article IV of the Constitution of the State of Delaware by adding thereto a new section, designated as Section 38, which new section shall read as follows: Section 38. Retired Judges and Justices; Temporary Assignment. Section 38. A former State Judge or a former Justice of the Supreme Court, who is retired and is receiving a State judicial pension and who assents to active judicial duty and who is not engaged in the practice of law, upon designation of the Chief Justice of the Supreme Court, shall be authorized to sit temporarily in the court from which he retired or in any other court to which he could be designated under the Constitution and statutes of the State if he still held the judicial position from which he retired. Any person so designated shall receive compensation as the General Assembly shall provide. Nothing herein shall authorize the designation of any former State Judge or former Justice of the Supreme Court to sit in the Supreme Court except temporarily to fill up the number of that Court to the required quorum. The term "State Judge" as used in this paragraph means a Chancellor or Vice-Chancellor of the Chancery Court or a President Judge or Associate Judge of the Superior Court. [Approved July 7, 1981.] *** MEND *** *** MSTART 143 008.00 015.00 0 DE 1897 1982 *** Section 1. Article 15, Section 8 of the Constitution of the State of Delaware is hereby amended by striking said Section in its entirety and substituting in lieu thereof the following: Section 8. No member or officer of any department of the government shall be in any way interested in any contract for the furnishing of stationery, printing, paper and fuel used in the Legislative and other departments of government; or for 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, when such contract is awarded to or by any such member, officer or department. [Approved March 24, 1982.] *** MEND *** *** MSTART 144 017.0 002.00 0 DE 1897 1983 *** Section 1. Amend Article II, Section 17 of the Constitution of the State of Delaware by adding a new subsection immediately following subsection (a) to be designated subsection (b) and by redesignating existing subsection (b) and (c) accordingly as follows: (b) Lotteries (other than slot machines, roulette, craps, and baccarat games) provided that each is sponsored and conducted under the limitations of Section 17B by companies, organizations, or societies which have been in existence for at least two years; provided, however, that no person who shall not have attained the age of 18 years shall participate in any lottery (where money is the prize) otherwise authorized by the Article. [Approved June 2, 1983.] [This amendment amends Section 17 of Article II, there is also a Section 17A of article II, and the next amendment creates a section 17B.] *** MEND *** *** MSTART 146 017.B 002.00 0 DE 1897 1983 *** Section 2. Amend Article II of the Constitution of the State of Delaware by adding a new section immediately following Section 17A to read as follows: Section 17B. Lotteries not under State control; organizations authorized to conduct; submission to referendum; districts; regulation; penalties. Lotteries not under State control shall be lawful when sponsored and conducted by Volunteer Fire Companies, Veterans Organizations, Religious or Charitable Organizations, or by Fraternal Societies provided that said Company, Organization or Society has been in existence a minimum of two years and provided the net receipts or profits arising from the conducting or operating of such lotteries by the aforementioned Companies, Organizations, or Societies are used solely for the promotion or achievement of the purposes of such Companies, Organizations, or Societies, and provided further that the aforementioned Companies, Organizations or Societies are operated in a manner so as to come within the provisions of Section 170 of the U.S. Revenue Code and Regulations promulgated thereunder by the U.S. Secretary of the Treasury. 1. The General Assembly shall 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 subparagraph 2 of Section 17B of this Article at the General Election held in 1984, the question whether the playing of lotteries not under State control shall be licensed or prohibited within the limits thereof; and in every district in which there is a majority against license, no organization, mentioned in Section 17B, shall thereafter sponsor or permit lotteries not under State control, 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 named in subparagraph 2 of Section 17B 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 district at the next general election thereafter. 2. Under the provisions of this Article, Sussex County shall comprise one district, Kent County shall comprise one district, the City of Wilmington, as its corporate limits now are or may hereafter be extended, one district, and the remaining part of New Castle County, one district. 3. The General Assembly shall enact comprehensive legislation providing for licensing for all organizations conducting and regulating the conduct of lotteries under the provisions of this section and may provide such penalties as may be necessary to enforce such legislation. [Approved June 2, 1983.] *** MEND *** *** MSTART 147 004.A 005.00 0 DE 1897 1983 *** Section 1. Amend Section 4A, Article V of the Constitution of the State of Delaware by striking the phrase "or because" wherever the same appears therein, and substituting the word "because" in lieu thereof. Section 2. Amend Section 4A, Article V of the Constitution of the State of Delaware by adding the words "or because of the tenets or teachings of his or her religion," immediately following the word "vacation," as the same appears in said section. [Effective June 27, 1983.] *** MEND *** *** MSTART 148 003.00 004.00 0 DE 1897 1983 *** Section 1. Amend Section 3, Article IV of the Constitution of the State of Delaware by striking the first paragraph beginning with the words "The Justice of the Supreme Court" and ending with the words "full term" and substituting in lieu thereof the following: Section 3. The Justices of the Supreme Court, the Chancellor and the Vice-Chancellor or Vice- Chancellors, and the President Judge and Associate Judges of the Superior Court 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 each, and the persons so appointed shall enter upon the discharge of the duties of their respective offices upon taking the oath of office prescribed by this Constitution. The governor shall submit his appointment within sixty (60) days after the occurrence of a vacancy howsoever caused. If a vacancy shall occur, by expiration of term or otherwise, at a time when the Senate shall not be in session, the Governor shall within sixty (60) days after the happening of any such vacancy convene the Senate for the purpose of confirming his appointment to fill said vacancy and the transaction of such other executive business as may come before it. Such vacancy shall be filled as aforesaid for the full term. Notwithstanding a vacancy, whether occurring when the Senate is or is not in session, an incumbent whose term has expired shall hold over in office until the incumbent, or a new appointee, is confirmed and takes the oath of office for the next term, but in no event shall an incumbent whose term has expired hold over in office for more than sixty (60) days after the expiration of the term. In all instances the term of a new or reappointed Justice of the Supreme Court, Chancellor or Vice-Chancellor, President Judge or Associate Judge of the Superior Court shall begin on the date that the oath of office is taken, thus qualifying the individual to serve, but the appointment shall be forfeit if such oath is not taken within thirty (30) days of confirmation. [Effective June 28, 1983.] *** MEND *** *** MSTART 149 011.09 004.00 0 DE 1897 1983 *** Section 1. Section 11, Article IV of the Constitution of the State of Delaware is amended by deleting subsection (9) thereof and inserting in lieu thereof the following subsection (9): (9) To hear and determine questions of law certified to it by other Delaware Courts and the United States District Court for the District of Delaware where it appears to the Supreme Court that there are important and urgent reasons for an immediate determination of such questions by it. The Supreme Court may by rules define generally the conditions under which questions may be certified to it and prescribe methods of certification. [Effective June 30, 1983.] *** MEND *** *** MSTART 150 019.00 002.00 0 DE 1897 1984 *** Section 1. Amend Section 19, Article II of the Constitution of the State of Delaware by adding thereto a new paragraph to said section which shall read as follows: No road, highway or street, intended to be dedicated to public use and maintained at public expense, shall be constructed except in conformance with standards adopted by the agency charged with construction, reconstruction or maintenance of such road, highway, or street. Any road or street, constructed solely for private use, shall only be maintained at State expense after it has been constructed or reconstructed according to the standards established by the agency charged with the duty of maintaining such roads or streets. [Approved June 30, 1984.] *** MEND *** *** MSTART 151 004.00 001.00 0 DE 1897 1985 *** Section 1. Section 4, Article 1 of the Constitution of the State of Delaware is amended by striking said section in its entirety and by substituting in lieu thereof the following: Section 4. Trial by Jury. Section 4. Trial by jury shall be as heretofore. [Effective June 30, 1985.] *** MEND *** *** MSTART 152 020.00 001.00 0 DE 1897 1987 *** Section 1. Amend Article I of the Delaware Constitution, by adding thereto a "Section 20" to read as follows: Section 20. A person has the right to keep and bear arms for the defense of self, family, home and state, and for hunting and recreational use. [Approved April 16, 1987.] *** MEND *** *** MSTART 153 001.00 014.00 0 DE 1897 1987 *** Section 1. Amend Article XIV of the Constitution of the State of Delaware by striking Section 1 in its entirety, and substituting in lieu thereof a new Section which shall read as follows: Section 1. Form of oath for members of General Assembly and public officers. Members of the General Assembly and all public officers executive and judicial, except such inferior officers as shall be by law exempted, shall, before they enter upon the duties of their respected offices, take and subscribe the following oath or affirmation: "I, (name), do proudly swear (or affirm) to carry out the responsibilities of the office of (name of office) to the best of my ability, freely acknowledging that the powers of this office flow from the people I am privileged to represent. I further swear (or affirm) always to place the public interest above any special or personal interests, and to respect the right of future generations to share the rich historic and natural heritage of Delaware. In doing so I will always uphold and defend the Constitutions of my Country and my State, so help me God. [Approved July 1, 1987.] *** MEND *** *** MSTART 154 022.00 003.00 0 DE 1897 1989 *** Section 1. Amend Article III, Section 22 of the Delaware Constitution by deleting the word "Prothonotaries," as the same shall appear therein. [Effective June 30, 1989.] *** MEND *** *** MSTART 155 026.00 004.00 0 DE 1897 1989 *** Section 2. Amend Article IV, Section 26 of the Delaware Constitution by adding the following sentence as the first sentence of said Section 26: "The Superior Court shall appoint a Prothonotary in each county to hold office at the pleasure of the said Court." Section 3. Any person elected and commissioned as a Prothonotary as of the effective date of the bill shall continue to hold the respective office for the full term for which said person was elected; provided, however, that a vacancy in said office prior to the expiration of the full term by reason of ineligibility, death, resignation, or otherwise shall be filled by appointment of the Superior Court." [Effective June 30, 1989.] *** MEND *** *** MSTART 156 007.00 005.00 0 DE 1897 1989 *** Section 1. Amend Article V of the Constitution of the State of Delaware by deleting the phrase, "if a male," as it appears in the first sentence of Section 7. Section 2. Amend Section 7 of Article V of the Constitution of the State of Delaware by deleting the words "he", "him", and "himself" wherever they occur and by inserting in lieu thereof the words "said person"; and by deleting the word "his" wherever it occurs and by inserting in lieu thereof the words "said person's". [Effective June 30, 1989.] *** MEND *** *** MSTART 157 017.00 002.00 0 DE 1897 1991 *** Section 1. Amend Section 17, Article II of the Constitution of the State of Delaware by striking subsection (c) of said section, and substituting in lieu thereof the following: (c) Wagering or betting by the use of pari-mutuel machines or totalizators on horse races conducted at racetracks within or without the State, provided that such wagering or betting may be conducted only either: (1) within the enclosure of any racetrack licensed under the laws of the State to conduct a race meeting, or (2) within the enclosure of any racetrack licensed under the laws of the State to receive and accept wagers or bets on electronically televised simulcasts of horse races. [Approved January 24, 1991.] *** MEND *** *** MSTART 158 006.00 005.00 0 DE 1897 1991 *** Section 1. Amend Section 6 of Article V of the Delaware Constitution by striking the words "in Kent County of the Chancellor and the resident Associate Judge" as the same appears in the sixth paragraph of said Section 6 and substituting in lieu thereof the following: "in Kent County of the resident Associate Judge and an Associate Judge designated by the President Judge". Section 2. Amend Section 6 of Article V of the Delaware Constitution by striking the words "the Chancellor or" as the same appears in the seventh paragraph of said Section 6. [Effective June 28, 1991.] *** MEND *** *** MSTART 159 011.09 004.00 0 DE 1897 1993 *** Section 1. Amend Article IV, Section 11 Paragraph (9) of the Delaware Constitution of 1897, as amended by striking said paragraph (9) in its entirety and substituting in lieu thereof a new paragraph (9) to read as follows: (9) To hear and determine questions of law certified to it by other Delaware courts, the Supreme Court of the United States, a Court of Appeals of the United States, a United States District Court, or the highest appellate court of any other state, where it appears to the Supreme Court that there are important and urgent reasons for an immediate determination of such questions by it. The Supreme Court may, by rules, define generally the conditions under which questions may be certified to it and prescribe methods of certification. [Effective January 28, 1993.] *** MEND *** *** MSTART 160 004.A 005.00 0 DE 1897 1993 *** Section 1. Amend Section 4A, Article V of the Constitution of the State of Delaware by adding the phrase "or his or her spouse or dependents when residing with or accompanying him or her" after the words "United States or of this State" and before the words "because of the nature of his or her business." [Effective June 29, 1993.] *** MEND *** *** MSTART 161 004.B 005.00 0 DE 1897 1993 *** Section 2. Amend Section 4B, Article V of the Constitution of the State of Delaware by striking the words "or persons accompanying or serving wherewith" and substituting in lieu thereof the words "or his or her spouse or dependents when residing with or accompanying him or her." [Effective June 29, 1993.] *** MEND *** *** MSTART 162 012.00 004.00 0 DE 1897 1993 *** Section 1. Article 4, Section 12 of the Constitution of the State of Delaware of 1897, as amended, is amended to read as follows: Section 12. A quorum of the Supreme Court shall consist of not less than three Justices. The entire Court shall sit in any criminal case in which the accused has been sentenced to death and in such other civil and criminal cases as the Court, by rule, or the General Assembly, upon the concurrence of two-thirds of all the members elected to each house, shall determine. In case of a lack of quorum by reason of vacancies in their number, incapacity, or disqualification to sit by reason of interest, or to constitute a three-member panel of the Court, the Chief Justice of the Supreme Court, or in case of his absence from the State, disqualification, incapacity, or if there be a vacancy in that office, the next qualified and available Justice, who by seniority is next in rank to the Chief Justice, shall have the power to designate judges from among the judges of the constitutional courts to sit in the Supreme Court temporarily to satisfy the number of Justices required by law. It shall be the duty of the judges of the constitutional courts so designated to sit accordingly. No judge shall be so designated to sit in the Supreme Court in any cause in which he saw below. Any one of the Justices of the Supreme Court may open and adjourn court. [Effective January 13, 1994.] *** MEND *** *** MSTART 164 013.00 004.00 0 DE 1897 1994 *** Section 13. The Chief Justice of the Supreme Court, or in case of his absence from the State, disqualification, incapacity, or if there be a vacancy in that office, the next qualified and available Justice who by seniority is next in rank to the Chief Justice shall be administrative head of all the courts in the State, and shall have general administrative and supervisory powers over all the courts. Such powers shall include but shall not be limited to the following: (1) Upon the approval of a majority of the Justices of the Supreme Court to adopt rules for the administration of justice and the conduct of the business of any or all the courts in this State: Provided, however, that any other of the courts in this state may from time to time, subject to the exercise of the power in this paragraph (1) conferred upon the Justices of the Supreme Court, adopt rules of pleading practice and procedure applicable to such Court. (2) Upon written request made by the Chancellor, or in his absence or incapacity by the next qualified and available Vice-Chancellor who by seniority is next in rank to the Chancellor, or upon the written request made by the President Judge of the Superior Court, or in his absence or incapacity by the next qualified and available Associate Judge who by seniority is next in rank to the President Judge, to designate one or more of the State Judges (including the Justices of the Supreme Court) to sit in the Court of Chancery or the Superior Court, as the case may be, and to hear and decide such causes in such Court and for such period of time as shall be designated. It shall be the duty of the State Judge so designated to serve according to such designation as a Judge of the Court designated. The provisions of the paragraph shall not be deemed to limit in any manner the powers conferred upon the judges of the Superior Court under Section 14 of this Article. [Approved January 13, 1994.] *** MEND *** *** MSTART 166 038.00 004.00 0 DE 1897 1994 *** Section 3. Article 4, Section 38 of the Constitution of the State of Delaware of 1897, as amended, is amended to read as follows: Section 38. A former State Judge or a former Justice of the Supreme Court, who is retired and is receiving a state judicial pension and who assents to active judicial duty and who is not engaged in the practice of law, upon designation of the Chief Justice of the Supreme Court, or in his absence from the State, disqualification, incapacity, or if there be a vacancy in that office, upon designation of the next qualified and available Justice, who by seniority is next in rank to he Chief Justice, shall be authorized to sit temporarily in the court from which he retired or in any other court to which he could be designated under the Constitution and statutes of the State if he still held the judicial position from which he retired. Any person so designated shall receive compensation as the General Assembly shall provide. Nothing herein shall authorize the designation of any former State Judge or a former Justice of the Supreme Court to sit in the Supreme Court except temporarily to fill up the number of that Court to the required quorum. The term "State Judge" as used in this section means a Chancellor or Vice-Chancellor of the Chancery Court or a President Judge or Associate Judge of the Superior Court. *** MEND *** *** MSTART 167 001.00 012.00 0 DE 1897 1995 *** Section 1. Amend the Delaware Constitution of 1897, as amended, by striking Article XII thereof in its entirety. [Approved June 22, 1995.] *** MEND *** *** MSTART 168 002.00 010.00 0 DE 1897 1995 *** Section 1. Amend Section 2, Article X of the Delaware Constitution by deleting the phrase "and separate schools for white and colored children shall be maintained." [Approved July 1, 1995.] *** MEND *** *** MSTART 169 026.00 004.00 0 DE 1897 1997 *** Section 1. Amend Article IV, Section 26 of the Delaware Constitution of 1897, as amended, by adding the following sentence at the end of the section: "This section shall not be interpreted to prevent the transfer of a judgment from any court of one county to the Superior Court of another county pursuant to legislation enacted by the General Assembly, nor shall it be construed to require the issuance or entry into the record of a testatum fieri facias when a judgment is transferred from a court of one county to the Superior Court of another county pursuant to legislation enacted by the General Assembly." [Approved May 6, 1997.] *** MEND *** *** MSTART 170 011.01 004.00 0 DE 1897 1997 *** Section 1. Amend Article IV, Section 11 (1) of the Delaware Constitution of 1897, as amended, by adding thereto a new paragraph, said paragraph to be designated as (1)(c), to read as follows: "(1)(c) Notwithstanding any provisions of this Section to the contrary, to receive appeals from the Superior Court in criminal causes, upon application by the State in all causes in which the Superior Court, or any inferior court an appeal from which lies to the Superior Court, has granted an accused any of the following: a new trial or judgment of acquittal after a verdict, modification of a verdict, arrest of judgment, relief in any post-conviction proceeding or in any action collaterally attacking a criminal judgment, or a new punishment hearing in a capital case after the court has imposed a sentence of death, or any order or judgment declaring any act of the General Assembly, or any portion of any such act, to be unconstitutional under either the Constitution of the United States or the State of Delaware, inoperative or unenforceable, except that no appeal shall lie where otherwise prohibited by the double jeopardy clause of the Constitution of the United States or of this State. Notwithstanding anything in this Article to the contrary, the General Assembly may by statute implement the jurisdiction herein conferred." [Effective May 6, 1997.] *** MEND *** *** MSTART 171 029.00 004.00 0 DE 1897 1997 *** Section 1. Amend Article IV, Section 29 of the Delaware Constitution of 1897, as amended, by deleting the Section 29 in its entirety and substituting in lieu thereof: "Section 29. There shall be appointed, as hereinafter provided, such number of persons to the Office to the Justice of the Peace as directed by law, who shall be commissioned as follows: (a) upon first appointment and confirmation, a Justice of the Peace shall be commissioned for four (4) years: (b) upon second and subsequent appointments and confirmation, a Justice of the Peace shall be commissioned for six (6) years." [Effective June 3, 1997.] *** MEND *** *** MSTART 173 001.00 9001.00 0 DE 1897 1999 *** Section 1. Amend the Preamble of the Delaware Constitution of 1897, as amended, by striking the word "men" as found therein and replacing said word with the word "people". [Approved July 2, 1999.] *** MEND *** *** MSTART 174 001.00 001.00 0 DE 1897 1999 *** Section 2. Amend Article I, 1 of the Delaware Constitution of 1897, as amended, by striking the word "men" and replacing said word with the word "persons". Section 3. Amend Article I, 1 of the Delaware Constitution of 1897, as amended, by striking the word "man" as found therein and replacing said word with the word "person" and further by striking the word "his" as found therein and replacing said word with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 175 005.00 001.00 0 DE 1897 1999 *** Section 4. Amend Article I, 5 of the Delaware Constitution of 1897, as amended, by striking the word "men" and replacing said word with the word "persons". [Approved July 2, 1999.] *** MEND *** *** MSTART 176 007.00 001.00 0 DE 1897 1999 *** Section 5. Amend Article I, 7 of the Delaware Constitution of 1897,as amended, by striking the word "himself" as it appears three times therein and by replacing said word in each instance with the phrase "himself or herself", further by striking the word "his" as it appears four times therein and by replacing said word in each instance with the phrase "his" or "her", and by striking the word "him" as found therein and replacing said word with the phrase "him" or "her". Section 6. Amend Article I, 7 of the Delaware Constitution of 1897,as amended by striking the word "he" as it appears twice therein and by replacing said word in each instance with the phrase "he or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 177 008.00 001.00 0 DE 1897 1999 *** Section 7. Amend Article I, 8 of the Delaware Constitution of 1897,as amended by striking the word "man's" as found therein and replacing said word with the word "person's" and further by striking the word "his" as found therein and replacing said word with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 178 009.00 001.00 0 DE 1897 1999 *** Section 8. Amend Article I, 9 of the Delaware Constitution of 1897,as amended, by striking the word "man" as found therein and replacing said word with the word "person", and further by deleting the word "him" as found therein and replacing said word with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 179 003.00 002.00 0 DE 1897 1999 *** Section 9. Amend Article II, 3 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found twice therein and replacing such word in each instance with the phrase "his or her", and further by deleting the word "he" as found four times therein and replacing said word in each instance with the phrase "he or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 180 007.00 002.00 0 DE 1897 1999 *** Section 10. Amend Article II, 7 of the Delaware Constitution of 1897,as amended by striking the word "he" as found therein and replacing said word with the phrase "he or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 181 014.00 002.00 0 DE 1897 1999 *** Section 11. Amend Article II, 14 of the Delaware Constitution of 1897,as amended by striking the word "he" as found therein and replacing said word with the phrase "he or she", and further by deleting the word "his" as found therein and replacing said word with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 182 020.00 002.00 0 DE 1897 1999 *** Section 12. Amend Article II, 20 of the Delaware Constitution of 1897,as amended, by striking the word "he" as found therein and replacing said word with the phrase "he or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 183 022.00 002.00 0 DE 1897 1999 *** Section 13. Amend Article II, 22 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found therein and replacing said word with the phrase "his or her", and further by striking the word "him" as found therein and replacing said word with the phrase "him or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 184 024.00 002.00 0 DE 1897 1999 *** Section 14. Amend Article II, 24 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found twice therein and replacing said word in each instance with the phrase "his or her", and further by striking the word "he" as found therein and replacing said word with the phrase "he or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 185 003.00 003.00 0 DE 1897 1999 *** Section 15. Amend Article III, 3 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found twice therein and replacing said word in each instance with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 186 004.00 003.00 0 DE 1897 1999 *** Section 16. Amend Article III, 4 of the Delaware Constitution of 1897,as amended, by striking the word "he" as found in paragraph 1 therein and replacing said word with the phrase "he or she", further by striking the word "him" as found in paragraph 1 therein and replacing said word with the phrase "he or she", and further by striking the word "his" as found twice in paragraph 2 therein and replacing said word in each instance with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 187 005.00 003.00 0 DE 1897 1999 *** Section 17. Amend Article III, 5 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found twice therein and replacing said word in each instance with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 188 006.00 003.00 0 DE 1897 1999 *** Section 18. Amend Article III, 6 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found therein and replacing said word with the phrase "his or her", and further by striking the word "he" as found therein and replacing said word with the phrase "he or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 189 007.00 003.00 0 DE 1897 1999 *** Section 19. Amend Article III, 7 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found therein and replacing said word with the phrase "his or her", and further by striking the word "he" as found therein and replacing said word with the phrase "he or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 190 008.00 003.00 0 DE 1897 1999 *** Section 20. Amend Article III, 8 of the Delaware Constitution of 1897,as amended, by striking the word "He" as found therein and replacing said word with the phrase "He or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 191 009.00 003.00 0 DE 1897 1999 *** Section 21. Amend Article III, 9 of the Delaware Constitution of 1897,as amended, by striking the word "He" as found twice in paragraph 1 therein and replacing said word in each instance with the phrase "He or she", further amend by striking "he" as found twice in paragraph 1 therein and replacing said word in each instance with the phrase "he or she", and further by striking the word "He" as found in paragraph 2 therein and replacing said word in with the phrase "He or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 192 010.00 003.00 0 DE 1897 1999 *** Section 22. Amend Article III, 10 of the Delaware Constitution of 1897,as amended, by striking the word "He" as found twice therein and replacing said word in each instance with the phrase "He or she", further by striking the word "him" as found therein and replacing said word with the phrase "him or her", and further by striking the word "his" as found therein and replacing said word in each instance with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 193 011.00 003.00 0 DE 1897 1999 *** Section 23. Amend Article III, 11 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found in paragraph 1 therein and replacing said word with the phrase "his or her", and further by striking the word "he" as found in paragraph 1 therein and replacing said word with the phrase "he or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 194 013.00 003.00 0 DE 1897 1999 *** Section 24. Amend Article III, 13 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found therein and replacing said word with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 195 015.00 003.00 0 DE 1897 1999 *** Section 25. Amend Article III, 15 of the Delaware Constitution of 1897,as amended, by striking the word "He" as found therein and replacing said word with the phrase "He or she", and further by striking "he" as found therein and replacing said word with the phrase "he or she". *** MEND *** *** MSTART 196 016.00 003.00 0 DE 1897 1999 *** Section 26. Amend Article III, 16 of the Delaware Constitution of 1897,as amended, by striking the word "He" as found twice therein and replacing said word in each instance with the phrase "He or she", and further by striking the word "he" as found therein and replacing said word with the phrase "he or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 197 017.00 003.00 0 DE 1897 1999 *** Section 27. Amend Article III, 17 of the Delaware Constitution of 1897,as amended, by striking the word "He" as found therein and replacing said word with the phrase "He or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 198 018.00 003.00 0 DE 1897 1999 *** Section 28. Amend Article III, 18 of the Delaware Constitution of 1897,as amended, by striking the word "he" as found five times in paragraph 1 therein and replacing said word in each instance with the phrase "he or she", further by striking the word "his" as found in paragraph 1 therein and replacing said word with the phrase "his or her", and further by striking the word "him" as found in paragraph 1 therein and replacing said word in with the phrase "him or her", and further by striking "him" as found four times in paragraph 3 therein and replacing said word in each instance with the phrase "him or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 199 019.00 003.00 0 DE 1897 1999 *** Section 29. Amend Article III, 19 of the Delaware Constitution of 1897,as amended, by striking the word "he" as found twice in paragraph 1 therein and replacing said word with the phrase "he or she", and further by striking the word "his" as found twice in paragraph 2 therein and replacing said word with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 200 020.00 003.00 0 DE 1897 1999 *** Section 30. Amend Article III, 20 of the Delaware Constitution of 1897,as amended, by striking "his" as found five times in paragraph 1 therein, as found twice in paragraph 3 therein, as found twice in paragraph 4 therein, as found once in paragraph 5 therein, and as found five times in paragraph 6 therein, and replacing said word in each instance with the phrase "his or her", further by striking the word "he" as found twice in paragraph 4 therein and replacing said word in each instance with the phrase "he or she", and further by striking "he" as found in paragraph 6 therein and replacing said word with the phrase "he or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 201 002.00 004.00 0 DE 1897 1999 *** Section 31. Amend Article IV, 2 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found paragraph 1 therein and replacing said word with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 202 003.00 004.00 0 DE 1897 1999 *** Section 32. Amend Article IV, 3 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found twice in paragraph 1 therein and replacing said word with the phrase "his or her", further by striking the word "him" as found in paragraph 5 therein and replacing said word with the phrase "him or her", and further by striking the word "he" as found twice in paragraph 5 therein and replacing said word in each instance with the phrase "he or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 203 005.00 004.00 0 DE 1897 1999 *** Section 33. Amend Article IV, 5 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found paragraph 1 therein and replacing said word with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 204 012.00 004.00 0 DE 1897 1999 *** Section 34. Amend Article IV, 12 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found therein and replacing said word with the phrase "his or her", and further by striking the word "he" as found therein and replacing said word with the phrase "he or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 205 013.00 004.00 0 DE 1897 1999 *** Section 35. Amend Article IV, 13 of the Delaware Constitution of 1897, as amended, by striking the word "his" as found paragraph (1) therein and as found twice in paragraph (2) therein and replacing said word in each instance with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 207 014.00 004.00 0 DE 1897 1999 *** Section 36. Amend Article IV, 14 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found therein and replacing said word with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 208 022.00 004.00 0 DE 1897 1999 *** Section 37. Amend Article IV, 22 of the Delaware Constitution of 1897,as amended, by striking the word "he" as found twice therein and replacing said word in each instance with the phrase "he or she", and further by striking the word "him" as found therein and replacing said word with the phrase "him or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 209 023.00 004.00 0 DE 1897 1999 *** Section 38. Amend Article IV, 23 of the Delaware Constitution of 1897,as amended, by striking the word "he" as found therein and replacing said word the phrase "he or she", and further by striking the word "himself" and replacing said word with the phrase "himself or herself". [Approved July 2, 1999.] *** MEND *** *** MSTART 210 024.00 004.00 0 DE 1897 1999 *** Section 39. Amend Article IV, 24 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found twice therein and replacing said word in each instance with the phrase "his or her", and further by striking the word "he" as found therein and replacing said word with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 211 026.00 004.00 0 DE 1897 1999 *** Section 40. Amend Article IV, 26 of the Delaware Constitution of 1897,as amended, by striking the word "he" as found therein and replacing said word with the phrase "he or she", and further by striking the word "He" as found therein and replacing said word with the phrase "He or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 212 027.00 004.00 0 DE 1897 1999 *** Section 41. Amend Article IV, 27 of the Delaware Constitution of 1897,as amended, by striking the word "He" as found therein and replacing said word with the phrase "He or she", and further by striking the word "his" as found therein and replacing said word with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 213 032.00 004.00 0 DE 1897 1999 *** Section 42. Amend Article IV, 32 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found in paragraph 1 therein and replacing said word with the phrase "his or her", and further by striking the word "him" as found in paragraph 2 therein and replacing said word with the phrase "him or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 214 034.00 004.00 0 DE 1897 1999 *** Section 43. Amend Article IV, 34 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found in paragraph 5 therein and replacing said word with the phrase "his or her", and further by striking the word "him" as found in paragraph 5 therein and replacing said word with the phrase "him or her", and further by striking the word "He" as found as found in paragraph 5 therein and replacing said word with the phrase "He or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 215 037.00 004.00 0 DE 1897 1999 *** Section 44. Amend Article IV, 37 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found in paragraph 3 therein, paragraph 4 therein, paragraph 5 therein, paragraph 6 therein and paragraph 7 therein and replacing said word in each instance with the phrase "his or her", further by striking the word "he" as found in paragraph 5 therein and replacing said word with the phrase "he or she", and further by striking the word "him" as found in paragraph 5 and replacing said word with the phrase "him or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 216 038.00 004.00 0 DE 1897 1999 *** Section 45. Amend Article IV, 38 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found therein and replacing said word with the phrase "his or her", and further by striking the word "he" as found four times therein and replacing said word in each instance with the phrase "he or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 217 002.00 005.00 0 DE 1897 1999 *** Section 46. Amend Article V, 2 of the Delaware Constitution of 1897,as amended, by striking the word "he" as found five times therein and replacing said word in each instance with the phrase "he or she", and further by striking the word "his" as found therein and replacing said word with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 218 002.A 005.00 0 DE 1897 1999 *** Section 47. Amend Article V, 2A of the Delaware Constitution of 1897,as amended, by striking the word "his" as found twice therein and replacing said word in each instance with the phrase "his or her", and further by striking the word "he" as found four times therein and replacing said word in each instance with the phrase "he or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 219 002.B 005.00 0 DE 1897 1999 *** Section 48. Amend Article V, 2B of the Delaware Constitution of 1897,as amended, by striking the word "his" as found therein and replacing said word with the phrase "his or her", and further by striking the word "he" as found three times therein and replacing said word in each instance with the phrase "he or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 220 003.00 005.00 0 DE 1897 1999 *** Section 49. Amend Article V, 3 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found in paragraph 1 therein and replacing said word with the phrase "his or her", and further by striking the word "he" as found in paragraph 1 therein and replacing said word with the phrase "he or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 221 004.00 005.00 0 DE 1897 1999 *** Section 50. Amend Article V, 4 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found in paragraph 3 therein and replacing said word with the phrase "his or her", and further by striking the word "he" as found in paragraph 3 therein and replacing said word with the phrase "he or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 222 006.00 005.00 0 DE 1897 1999 *** Section 51. Amend Article V, 6 of the Delaware Constitution of 1897,as amended, by striking the word "him" as found in paragraph 4 therein and replacing said word with the phrase "him or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 223 008.00 005.00 0 DE 1897 1999 *** Section 52. Amend Article V, 8 of the Delaware Constitution of 1897,as amended, by striking the word "him" as found five times therein and replacing said word in each instance with the phrase "him or her", further by striking the word "his" as found three times therein and replacing said word in each instance with the phrase "his or her", and further by striking the word "he" as found therein and replacing said word with the phrase "he or she". [Approved July 2, 1999.] *** MEND *** *** MSTART 224 001.00 006.00 0 DE 1897 1999 *** Section 53 Amend Article VI, 1 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found in paragraph 2 therein and replacing said word with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 225 001.00 007.00 0 DE 1897 1999 *** Section 54. Amend Article VII,  1 of the Delaware Constitution of 1897,as amended, by striking the word "He" as found in paragraph 2 therein and replacing said word with the phrase "He or she" and further by deleting the word "his" as found therein and replacing said word with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 226 004.00 015.00 0 DE 1897 1999 *** Section 55. Amend Article XV, 4 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found twice therein and replacing said word in each instance with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 227 002.00 016.00 0 DE 1897 1999 *** Section 56. Amend Article XVI, 2 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found therein and replacing said word with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 228 001.00 9003.00 0 DE 1897 1999 *** Section 57 Amend the "Schedule"1 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found therein and replacing said word with the phrase "his or her". [Approved July 2, 1999.] *** MEND *** *** MSTART 229 011.00 9003.00 0 DE 1897 1999 *** Section 58. Amend the "Schedule" 11 of the Delaware Constitution of 1897,as amended, by striking the word "his" as found therein and replacing said word with the phrase "his or her", and further by striking the word "he" as found twice therein and replacing said word with the phrase "he or she". [Approved July 02, 1999.] *** MEND *** *** MSTART 230 022.00 003.00 0 DE 1897 2000 *** Section 1. Amend Section 22, Article III, of the Delaware Constitution of 1897, as amended, by deleting the words "Registers in Chancery" as the same appear therein. [Effective June 22, 2000.] *** MEND *** *** MSTART 231 023.00 003.00 0 DE 1897 2000 *** Section 2. Amend Section 23, Article III, of the Delaware Constitution of 1897, as amended, by deleting the words "Registers in Chancery" as the same appear therein. [Effective June 22, 2000.] *** MEND *** *** MSTART 232 002.00 005.00 0 DE 1897 2000 *** Section 1. Amend Section 2, Article V, of the Constitution of the State of Delaware by adding the following language to the end of said Section: "Any person who is disqualified as a voter because of a conviction of a crime deemed by law a felony shall have such disqualification removed upon being pardoned, or five years after the expiration of the sentence, whichever may first occur. The term 'sentence' as used in this Section shall include all periods of modification of sentence, such as, but not limited to, probation, parole and suspension. The provision of this paragraph shall not apply to (1) those person who were convicted of any felony of murder or manslaughter, (except vehicular homicide); or (2) those persons who were convicted of any felony constituting an offense against public administration involving bribery or improper influence or abuse of office, or any like offense under the laws of any state or local jurisdiction, or of the United States, or of the District of Columbia; or (3) those persons who were convicted of any felony constituting a sexual offense, or any like offense under the laws of any state or local jurisdiction or of the United States or of the District of Columbia." [Adopted June 28, 2000.] *** MEND *** *** MSTART 233 002.00 005.00 0 DE 1897 2000 *** Section 1. Amend Section 2, Article V of the Delaware Constitution of 1897, as amended, by deleting the words "idiot or insane person, pauper," as the same appear therein and by substituting in lieu thereof the words "person adjudged mentally incompetent". [Adopted June 30, 2000.] *** MEND *** *** MSTART 234 006.00 005.00 0 DE 1897 2000 *** Section 1. Amend Article V, Section 6 of the Delaware Constitution of 1897, as amended, by deleting the title and first two paragraphs in their entirety and substituting in lieu thereof the following: Section 6. Voting Machine Recording Tapes, Voting Machine Certificate, and Absentee Ballots; Delivery to the Prothonotary; Duties and Composition of Court; Quorum. Section 6. Said presiding election officer of each election district, following the close of the polls on the day of the general election, shall deliver the copy of each voting machine recording tape containing the signatures of the election officers present at the opening and closing of the polls from each voting machine assigned to his or her district and one copy of the voting machine certificate, made and certified by law, together with the ballot box or ballot boxes containing absentee ballots and other papers required by law to be placed therein, to the Prothonotary of the Superior Court of the county, who at 10 o'clock a.m. on the second day after the election 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 shall appoint, shall publicly ascertain the state of the election throughout the county, by determining the aggregate number of votes for each office given in the election districts of the county and for every person who received votes for each office. Said presiding election officer shall also deliver a copy of each voting machine recording tape from each voting machine assigned to his or her district, one copy of the voting machine certificate and absentee ballots to the Department of Elections following close of the polls on the day of the general election, which at 10 o'clock a.m. on the second day after the election and shall appear at said Court with said voting machine recording tapes, voting machine certificates and absentee ballots for use, as necessary, in ascertaining the state of the election. In case any voting machine recording tape, voting machine certificate, absentee ballot box, and/or any other document required by law shall not be produced, or in the case of a complaint under oath of fraud or mistake in any such tape or certificate, or in case fraud or mistake is evident on the face of any document completed by any election officer, the Court shall have the power to issue summary process against any election officer or any other person to bring such persons forthwith into Court with the election papers in their possession or control; and to open any absentee ballot box and take therefrom any paper contained therein, and to recount the absentee ballots; and to correct any fraud or mistake on the voting machine recording tape(s) or on any document completed by any election officers relating to such election. [Approved June 30, 2000.] *** MEND *** *** MSTART 235 039.00 004.00 0 DE 1897 2000 *** Section 1. Amend Article IV of the Constitution of the State of Delaware by adding a new Section 39 thereto as follows: Section 39. Senior Judges. Section 39. The office of Senior Judge is hereby created. Any retired judge of a court established by this amended Article IV of this Constitution or by act of the General Assembly, who is duly qualified and appointed, may serve as a Senior Judge. The qualifications, manner of appointment, term of office, compensation, duties, and all other matters relating to the office of the Senior Judge shall be as specified by statute. Senior Judges are subject to the Code of Judicial Conduct and are subject to censure, removal or retirement by the Court on the Judiciary in accordance with Section 37 of this Article IV. Senior Judges shall not be counted for purposes of determining the political representation on any court or on any combination of courts under Section 3 of this Article IV. [Approved July 1, 2000.] *** MEND *** *** CEND ***