CONSTITUTIONAL AMENDMENTS. tives. and then, two-thirds of each branch of the Legislature concurring, they may by law make provision for increasing their number," and in lieu thereof substitute and adopt the following, viz: "The House of Representatives shall consist of Representatwenty-five members, eleven of whom shall be chosen from Number inNew Castle County, seven from Kent County and seven from creased. Sussex County. Provided, that, of the eleven Representa- Proviso, Applicable tives from New Castle County, four shall be chosen by the to New Cascitizens residing in the City of Wilmington, and seven by the the County. citizens residing in the residue of said county. At each bi- Presiding ennial session of the House of Representatives, the person who was Speaker of the House of Representatives at the time of its next preceding adjournment sine die shall preside, or, if absent or disqualified, the person who was Speaker pro tempore at the time of said adjournment, and give a casting vote if the Representatives be equally divided, until its Tie. Speaker and other officers shall be duly chosen and qualified." officer. Number in creased. Second, Strike out the third clause of the said Third Section reading thus: "There shall be three Senators chosen in each county. When a greater number of Senators shall by the General Assembly be judged necessary, two-thirds of each branch concurring, they may by law make provision for increasing their number; but the number of Senators shall never be greater than one-half, nor less than one-third of the number of Representatives," and in lieu thereof substitute and adopt the following, viz: "There shall be four Senators Senators. chosen from each county. Provided, that of the four Senators from New Castle County, two shall be chosen by the citizens Proviso. residing in the City of Wilmington and two by the citizens to New Casresiding in the residue of said county. At each biennial tle County. session of the Senate the person who was Speaker of the Presiding Senate at the time of its next preceding adjournment sine officer. die shall preside, or, if absent or disqualified, the person who was Speaker pro tempore at the time of said adjournment, and give a casting vote if the Senators be equally divided, Tie. until its Speaker and other officers shall be duly chosen and qualified.' ments. SECTION 2. That the offices of such as may be Senators Adoption of and Representatives at the time of the ratification of the amend foregoing amendments to the Constitution, shall not be vacated by any of the provisions of said amendments, nor otherwise affected. The first election for Representatives under Time of the Constitution as amended by said provisions, shall be held election. at the general election, on the Tuesday next after the first Terms of office. Proviso. to New Cas CONSTITUTIONAL AMENDMENTS. Monday of November, in the year of our Lord one thousand eight hundred and eighty-six. At the said general election there shall be three Senators elected for each of the counties of this State, by the citizens of said counties respectively, under the provisions of the Constitution so amended as aforesaid, one of whom shall be so elected to serve as a Senator for two years from the day of his election and no longer, and the others to serve as Senators for and during the full term of four years from the day of their election and no longer; provided, that of the three Senators for New Castle County so to Applicable be elected one shall be chosen by the citizens residing in the tle County. City of Wilmington to serve as a Senator for four years as aforesaid, and two by the citizens residing in the residue of said county, one thereof to serve as a Senator for two years as aforesaid, and the other for four years as aforesaid; and two Senators shall be elected from each county biennially thereMeeting of after. The first meeting of the General Assembly under the General As-Constitution so amended, as aforesaid, shall be on the first Tuesday in January, in the year of our Lord one thousand eight hundred and eighty-seven, and the meetings of subsequent biennial sessions on the first Tuesday in January in every second year thereafter. sembly. by Governor If approved SECTION 3. That the Secretary of State of this State be Secretary of and he is hereby directed, after the Governor shall have apState shall proved of the above proposed amendments, duly to publish two or more the above proposed amendments, and this act, in two or more newspapers of this State, for the consideration of the people, publish in newspapers. When. at least three and not more than six months before the next general election of Senators and Representatives in this State. Passed at Dover, March 30, 1883. CONSTITUTIONAL AMENDMENTS. CHAPTER 3. AMENDMENT TO THE CONSTITUTION PROPOSED. AN ACT proposing Amendments to Article VI of the Constitution of this 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): ments to Ar SECTION I. That the following amendments be and the Amendsame are hereby proposed to Article VI of the Constitution ticle 6 of the of this State, to wit: Constitution Strike out Section 2 of said article and insert the following Section 2d in lieu thereof: amended. Judges. "There shall be five judges in the State, who shall be Number of appointed for twelve years and may be re-appointed for any Term number of like terms. One of them shall be Chancellor and another Chief Justice, who may respectively be appointed from and reside in any part of the State. The other judges shall be Associate Judges, who may be taken from any part of the State, but after appointment each shall reside, during his term, in the county for which he is appointed. The persons in office at the time of the ratification hereof shall hold their several offices without re-appointment for the term of twelve years thereafter, and the Associate Judge then residing in any county shall be the resident judge of that county within the meaning of this amendment. Court in "The General Assembly shall have power, with the concur- Municipal rence of two-thirds of all the members of both houses, to City of Wilestablish a court of law and of record in the City of Wilming-mington. ton, and to confer such jurisdiction, civil and criminal, as it Jurisdiction. may deem proper, except of felonious homicide and other capital felonies; and in case of the establishment of such court, a judge therefor shall be appointed by the Governor Judge apfor the like term as the judges herein mentioned, to reside, Governor. during his term, in the said city, and with such compensation Comp as may be provided by law; and the General Assembly may tion. provide for the appointment of such officers as may be needful Appointfor such court, and for the regulation of process issuing there- ment of necfrom, and for granting writs of error from the Court of Errors cers. pointed by Term. Compensa essary offi Writs of error. Appeals. Section 3 amended. Superior Section 4 amended. Court of General Ses Peace and CONSTITUTIONAL AMENDMENTS. and Appeals to determine matters of error in its judgments and proceedings or the privilege of appeal to the Superior Court in civil cases, or to the Court of General Sessions of the Peace and Jail Delivery in criminal matters, and generally may provide for all other things rendered necessary by the establishment of such court. Amend Section 3 of said article by striking out all the first paragraph to the word "business" inclusive, and inserting the following in lieu thereof, to wit: "The Superior Court in each county shall consist of the Associate Judge, residing in that county. He shall hold court therein during such terms as may be provided by law, but not fewer than two terms during each year, and may make all rules for expediting business." Amend Section 4 of said article by striking out the first three periods to the word "court" inclusive, and inserting the following in lieu thereof, to wit: "The Court of General Sessions of the Peace and Jail sions of the Delivery shall be composed in each county in the same manIts terms shall be such as may ner as in the Superior Court. be prescribed by law, but not fewer than two terms during each year. Jail Deliv ery. Section 6 amended. Court of Amend Section 6 of said article by striking out the first three periods to the word "court" inclusive, and inserting the following in lieu thereof, to wit: "The Court of Oyer and Terminer shall consist in each Terminer county of the resident judge thereof." Judge shall not charge on matters of fact. Writ of error in certain criminal cases. Priority. Also amend said Section by striking out the last period thereof and inserting the following in lieu thereof, to wit: "No judge in any of the courts of this State shall charge juries with respect to matters of fact, but shall only declare the law. In all capital felonies, and in such other criminal cases as the General Assembly shall provide, the accused, after conviction and sentence, shall have the right to a writ of error, to be issued out of the Court of Errors and Appeals, as in other cases, but such writ shall be made returnable to the next session of said court to be held after such sentence and shall have priority in said court over all causes of a civil nature and shall be heard and determined at said session, unless the said court, for cause shown, shall deem that substantial justice requires its continuance. In case any judge CONSTITUTIONAL AMENDMENTS. Justice shall whose duty it shall be to hold the said Superior Court, Court of General Sessions of the Peace and Jail Delivery or Court of Oyer and Terminer, shall be unable or disqualified through interest or otherwise to sit at any term or in any cause, the When Chief Chief Justice shall sit in his stead. In the absence of the sit. judge, the clerk of either of the Courts of Chancery, Superior When Clerk Court, Court of Oyer and Terminer, Court of General Sessions and adjourn of the Peace and Jail Delivery, and Orphans' Court, may, Courts. upon his order, open and adjourn the same." may open amended. Amend Section 7 of said article by striking out the first Section paragraph to the word "absence," inclusive, and inserting the following in lieu thereof, to wit: rors and Ap "The Court of Errors and Appeals shall have jurisdiction Court of Erto issue writs of error to the Superior Court, Court of Oyer peals. and Terminer, and Court of General Sessions of the Peace and Jail Delivery in all cases where such writ is given by this Constitution or prescribed by the Gefieral Assembly, and to determine finally all matters in error in the judgments and proceedings of said courts, and to receive appeals from the Court of Chancery, and to determine finally all matters of appeal in the interlocutory or final decrees and proceedings in chancery. The Court of Errors and Appeals upon a writ Who comof error shall consist of the Chancellor, the Chief Justice and pose, etc. the Associate Judges who did not sit in the court below. If the resident judge who ought to have tried the cause below did not there sit, he shall sit in the said cause in the Court of Errors and Appeals, unless there be legal exception to him. If the Chief Justice sat in the cause below, he shall not sit in such cause in the Court of Errors and Appeals. Upon a writ of error the Chancellor shall preside, but in case of his absence or disqualification the Chief Justice shall preside, or should he be absent or disqualified, the senior associate present shall preside. Upon appeal from the Court of Chancery, the Court of Errors and Appeals shall consist of the Chief Justice and the Associate Judges. The Chief Justice shall preside, but in case he be absent or disqualified the senior associate present shall preside. Any three of them shall be a quorum, either upon a writ of error or appeal.” tion 7. Amend Section 7 of said article further by striking out the Amend Secword "four" first occurring in paragraph two, and inserting in lieu thereof the following, to wit: "all the other," |