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AN ACT to ratify a proposed Amendment to the Coristitution of this

State in relation to Article Nine thereof,

WHEREAS the General Assembly did propose ani a měnd - Preamble. ment to the Constitution of this State by an act passed at: Dover, May 16th, A. D. 1891, which act and proposed a meud ment are in the words following, to wit: An Act proposing an amendment to the Constitution of Chapter 2,

Volume 19. this State.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of each house deeming it necessary and by and with the approbation of the Governor): That the following amendment be and the same is hereby proposed to Amendment Article Nine of the Constitution of this State, that is to say, stitution strike out all of said article which reads thus :

proposed. No convention shall be called but by the authority of the people: and an unexceptionable mode of making their sense known will be for them at a special election on the third Tuesday of May in any year to vote by ballot for or against a convention as they shall severally choose to do; and if thereupon it shall appear that a majority of all the citizens in the State, having the right to vote for representatives, have voted for a convention, the General Assembly shall accordingly at their next session call a convention, to consist of at least as many members as there are in both houses

CONSTITUTIONAL AMENDMENTS.

of the legislature, to be chosen in the same manner, at the same places, and at the same time that representatives are by the citizens entitled to vote for representatives, on due notice given for one month, and to meet within three months after they shall be elected. The majority of all the citizens in the State, having right to vote for representatives shall be ascertained by reference to the highest number of votes cast in the State at any one of the three general elections next preceding the day of voting for a convention, except when they may be less than the whole number of votes voted both for and against a convention, in which case the said majority shall be ascertained by reference to the number of votes given on the day of voting for or against a convention; and whenever the General Assembly shall deem a convention necessary, they shall provide by law for the holding of a special election for the purpose of ascertaining the sense of a majority of the..citizens of the State entitled to vote for representatives ::

And in lier thereof insert the following, that is to say :

No'convention shall be called but by the aụthority of the

people and the mode of making their sense known shall be, Time of that at any general election held for representatives in the votne tor: General Assembly, and which shall have been prescribed by convenaon the General Assembly at its regular session next preceding to be altered.

the said election as the proper occasion for ascertaining such sense, the citizens of this State entitled to vote for representatives at such election may vote by ballot for or against a convention as they shall severally choose to do, and in so voting the ballot shall be separate from those cast for any person voted for at such election and shall be kept distinct and apart from any other ballot so cast; and if at any such election the number of votes for a convention shall be equal

to a majority of all the citizens in the State having right to majoritying vote for representatives, ascertained by reference to the

highest number of votes cast in the State at any one of the three general elections next preceding the day of voting for a convention, except when they may be less than the whole number of votes voted both for and against a convention, in which case the said majority shall be ascertained by reference to the number of votes given on the day of voting for or

against a convention, the General Assembly shall, at its next Assembly. session, call a convention, to consist of at least as inany

members as there are in both houses of the legislature, to be chosen in the same manner, at the same places, and at the

Form of ballot,

Mode of

Duty of General

CONSTITUTIONAL AMENDMENTS.

State to publish the

amendment

val by the

same time that representatives are by the citizens entitled to vote for representatives, on due notice given for one month, and to meet within three months after they shall be elected The legislature shall provide by law for receiving, tallying, Returns of and counting the said votes for and against a convention and the election. for returning to the General Assembly at its next session the state of the said vote, and also for ascertaining and returning to the said General Assembly the number of ballots cast at said election on or by which representatives were voted for, so as to enable it to determine whether a majority of those who voted for representatives voted for a convention; and shall also by law enact all provisions necessary for giving full effect to this article.

SECTION 2. And be it further enacted, That the Secre- Secretary of tary of State be and he is hereby directed, after the Governor Duo shall have approved of the above proposed amendinent, duly proposed to publish the said proposed amendment in print in the after approseveral newspapers published in this State, at least three and Governor. not more than six months before the next general election of representatives, for the consideration of the people.

AND WHEREAS the said act and the amendment therein Further and thereby proposed have been duly approved by the Gov." ernor, and since his said approbation have been published in print in two or more newspapers of this State for the consideration of the people, at least three and not more than six months before the general election of representatives in this State held on Tuesday, the eighth day of November, Anno Domini one thousand eight hundred and ninety-two, which was the next general election of representatives after the passage of the said act, in conformity with the provisions of the constitution and of the said act in that behalf ; therefore

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (threefourths of each branch of the Legislature concurring):

SECTION 1. That the amendment proposed by the said Amendment act entitled “An act proposing an amendment to the Constitution of this State,'' passed at Dover, May 16th, A. D. 1891, and declared be and the same hereby is ratified and declared to be valid to stitution. all intents and purposes as part of the Constitution of the State of Delaware.

Passed at Dover, January 20, 1893.

Preamble.

to Article
IX ratified,

CONSTITUTIONAL AMENDMENTS.

CHAPTER 541.

AN ACT ratifying a proposed Amendment to the Constitution of

this State.

Volume

19.

voting.

Preamble. WHEREAS the General Assembly of this State, by an act. Chapter 1, passed at Dover, April 28, 1891, entitled “An act proposing

an amendinent to the Constitution of this State," did propose to amend the first clause of the first section of the Fourth Article of said constitution by adding the following thereto,

immediately after the word "ballot": Means of “But the legislature may by law prescribe the means,

methods and instruments of voting so as to best secure secrecy and the independence of the voter, preserve the freedom and purity of elections, and prevent fraud, corrup

tion and intimidation thereat." Further AND WHEREAS the Governor did approve said amendment, Preamble which was, after said approval, duly published in two or

more newspapers of this State for the consideration of the people, at least three and not more than six months before the last general election of representatives after the passage of said act of April 28, 1891; therefore

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (threefourths of each branch of the Legislature concurring therein).

SECTION 1. That the amendment proposed by the said act entitled “An act proposing au amendment to the Constitution of this State," passed at Dover, April 28, 1891, be and the same is hereby ratified and confirmed; and said amendment shall be valid to all intents and purposes as part of the Constitution of this State.

Passed at Dover, February 15, 1893.

Amendment ratified.

CONSTITUTIONAL AMENDMENTS.

CHAPTER 542.

AN ACT proposing an Amendment to the Constitution of this State.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (twothirds of each house deeming it necessary and concurring herein, and by and with the approbation of the Governor):

SECTION I. That the following amendment be and the same is hereby proposed to the third section of Article Six Revised of the Constitution of this State, that is, by adding the fol-Code xfx7874 lowing additional clause thereto: " Said court shall have the exclusive cognizance of grant- Power of

Superior ing divorces, but for the causes and upon the conditions prescribed by the Legislature."

divorces. SECTION 2. That the Secretary of State be and he is Secretary of hereby directed, after the Governor shall have approved of approval by the above proposed amendment, duly to publish the said Governor to proposed amendment in the several newspapers published in posed

amendment. this State, at least three and not more than six months before the next general election of representatives, for the consideration of the people.

Passed at Dover, April 20, 1893.

Court to grant

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