Page images
PDF
EPUB

of October, in the year of our Lord one thousand eight hundred and thirty-three, are hereby extended to the second Tuesday of November in that year; and the terms of the Senators which will expire on the first Tuesday of October in the year of our Lord one thousand eight hundred and thirty-four, are hereby extended to the second Tuesday of November in that year.

The General Assembly shall meet on the first Tuesday of January next, and shall not be within the amended provision respecting biennial sessions, which biennial sessions shall commence with the session of the General Assembly on the first Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-three.

Sec. 2. The offices of the present sheriffs and coroners shall not be vacated by any amendment to the Constitution made in this convention, nor otherwise affected, except that the term of office of the sheriff of Sussex county is hereby extended to the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-two, and until a successor be duly qualified; and on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-two, shall be the first election for sheriff in Sussex county under this amended Constitution. And the term of the present coroner for Sussex county is hereby extended to the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirtyfour, and until a successor shall be duly qualified; and on the said last mentioned day shall be the first election for coroner in Sussex county under this amended Constitution.

The terms of the present sheriffs and coroners for Kent county and New Castle county, are hereby extended to the second Tuesday of Novmber, in the year of our Lord one thousand eight hundred and thirty-three, and until successors to them respectively be duly qualified; and on and after the first Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-three, the Governor shall have power to appoint a sheriff and a coroner for New Castle county, and a sheriff and coroner for Kent county, to continue in office until the second Tuesday of November in the year of our Lord one thousand eight hundred and thirty-four, and until successors to them respectively be duly qualified. And on the said last mentioned day shall be the first election for sheriff and for coroner in New Castle county and in

[ocr errors]

Kent county under this amended Constitution, unless a vacancy happen in the office of sheriff or coroner of New Castle or Kent county, or of coroner for Sussex county, before the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-two, in which case an election shall be held on that day for a sheriff or coroner under this amended Constitution, in place of the sheriff or coroner whose office has become vacant.

Sec. 3. The first election for Representatives under this amended Constitution shall be held on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-two, which shall be the commencement of biennial elections. At this election one Senator shall be chosen in each county for four years. Also, at the biennial election to be held in the several counties on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-four, two Senators shall be chosen in each county for four years each. But as the term of one Senator in each county will expire on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-three, when no election will be held, to provide for this special case, a Senator shall be chosen in each county at the election held on the second Tuesday in November, in the year of our Lord one thousand eight hundred and thirty-two, for one year, to succeed the Senator for such county whose term will expire on the second Tuesday of Novem. ber, in the year of our Lord one thousand eight hundred and thirty-three, and to continue in office until the second Tuesday of November in the year of our Lord one thousand eight hundred and thirty-four, when two Senators shall be chosen in each county as afore-provided.

Sec. 4. The term of office of the present Governor shall not be vacated nor extended by any amendment made to the Constitution in this convention, but the said office shall continue during the original term thereof; but the ninth and fourteenth sections of the third article of this Constitution shall be immediately in force as amended. An election for Governor shall be held on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-two.

Sec. 5. This Constitution as amended, so far as shall concern the judicial department, shall commence and be in operation from and after the third Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-two. All the courts of justice now existing shall continue with their present jurisdiction, and the chancellor and judges and the clerks of the said courts shall continue in office until the said third Tuesday of January, in the year of our Lord one thousand eight hundred and thirtytwo; upon which day the said courts shall be abolished, and the offices of the said chancellor, judges and clerks shall expire. All writs of error, and appeals and proceedings which, on the third Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-two, shall be depending in the High Court of Errors and Appeals, and all the books, records and papers of said court shall be transferred to the Court of Errors and Appeals established by this amended Constitution; and the said writs of errors, appeals and proceedings shall be proceeded in the said Court of Errors and Appeals to final judgment, decree or other determination.

All suits, proceedings and matters which, on the third Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-two, shall be depending in the Supreme Court or Court of Common Pleas, and all books, records and papers of the said courts, 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. All indictments, proceedings and matters which, on the third Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-two, shall be depending in the Court of General Quarter 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 of the Peace and Jail Delivery established by this amended Constitution, and all books, records and papers of said Court of General Quarter Sessions of the Peace and Jail Delivery, shall be transferred to said Court of General Sessions of the Peace and Jail Delivery. All suits, proceedings and matters which, on the third Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-two, 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 the Court of Chancery or Orphans' Court, respectively, established by this amended Constitution; and the said suits, proceedings and matters shall be proceeded in to final decree, order or other determination.

Sec. 6. The Register's Courts and justices of the peace shall not be affected by any amendments of the Constitution made in this convention; but the said courts and the terms of office of registers and justices of the peace shall remain the same as if said amendments had not been made.

Sec. 7. The General Assembly shall have power to make any law necessary to carry into effect this amended Constitution.

Sec. 8. The provision in the twentieth section of the sixth article of this amended Constitution (being the thirteenth section of the sixth article of the original Constitution), of limitation of writs of error, shall have relation to and take date from the twelfth day of June, in the year of our Lord one thousand seven hundred and ninety-two, the date of said original Constitution.

Sec. 9. The Governor shall have power to issue writs of election to supply vacancies in either house of the General Assembly that have happened or may happen.

Sec. 10. It is declared that nothing in this amended Constitution gives a writ of error from the Court of Errors and Appeals to the Court of Oyer and Terminer or Court of General Sessions of the Peace and Jail Delivery, nor an appeal from the Court of General Sessions of the Peace and Jail Delivery.

The acts of the General Assembly increasing the number of justices of the peace, shall remain in force until repealed by the General Assembly; and no office shall be vacated by the amendments to this Constitution, unless the same be expressly vacated thereby or the vacating the same is necessary to give effect to the amendments.

Done in convention, the second day of December, in the year of

our Lord one thousand eight hundred and thirty-one, and of the independence of the United States of America, the fifty-sixth. In testimony whereof, we have hereunto subscribed our names.

CHARLES POLK, President.
THOMAS ADAMS,
JOHN CAULK,
JOHN M. CLAYTON,
PETER L. COOPER,
THOMAS DEAKYNE,
EDW. DINGLE,
WM. DUNNING,
JOHN ELLIOTT,
JAMES FISHER,
WILLARD HALL,
THOMAS W. HANDY,
JOHN HARLAN,
CHARLES H. HAUGHEY,
HUGHITT LAYTON,
JAMES C. LYNCH,
JAMES B. MACOMB,
JOSEPH MAULL,
ELIAS NAUDAIN,
WILLIAM NICHOLLS,
SAMUEL RATCLIFF,
JOHN RAYMOND,
GEO. READ, JR.,
HENRY F. RODNEY,
JAMES RODGERS,
WM. SEAL
P. SPRUANCE, JR.,

WM. D. WAPLES,
Attest: W. P. BROBSON, Secretary.

« PreviousContinue »