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final jurisdiction in every such case. This Court shall have all the jurisdiction and powers vested by the laws of this State in the Orphans' Court.]
11. [The jurisdiction of each of the aforesaid courts shall be coextensive with the State. Process
be issued out of each court, in either county, into every county.]
12. [The General Assembly, notwithstanding any thing contained in this article, shall have power to repeal or alter any act of the General Assembly, giving jurisdiction to the courts of Oyer and Terminer and General Jail Delivery, or to the Supreme Court, or the Court of Common Pleas, or the Court of General Quarter Sessions of the Peace and General Jail Delivery, or the Orphans' Court, or to the Court of Chancery, in any matter, or giving any power to either of said courts. Until the General Assembly shall otherwise direct, there shall be an appeal to the Court of Errors and Appeals in all cases in which there is an appeal, according to any act of the General Assembly, to the high Court of Errors and Appeals.]
13. [Until the General Assembly shall otherwise provide, the Chancellor shall exercise all the powers which any law of the 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 Supreme Court or Court of Common Pleas.]
14. [The Chancellor and judges shall respectively hold their offices during good behavior, and receive for their services a compensation which shall be fixed by law and paid quarterly, and shall not be less than the following sums, that is to say :—the annual salary of the Chief Justice shall not be less than the sum of one thousand two hundred dollars: and the annual salary of the Chancellor shall not be less than the sum of one thousand one hundred dollars : and the annual salaries of the associate judges, respectively, shall not be less than the sum of one thousand dollars each. They shall hold no other office of profit, nor receive any fees or perquisites in addition to their salaries for business done by them. The Governor may, for any reasonable cause, in his discretion, remove any of them on the address of two-thirds of all the members of each branch of the General Assembly. In all cases where the Legislature shall so address the Governor, the cause of removal shall be entered on the journals of each house. The judge against whom the Legislature may be about to proceed, shall receive notice thereof, accompanied with the causes alleged for his removal, at least five days before the day on which either house of the General Assembly shall act thereupon.]
15. [The General Assembly may by law give to any inferior courts by them 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 victualling house, retailing or selling without license, wine, rum, brandy, gin, whiskey, or spirituous or mixed liquors contrary to law, disturbing camp-meetings held for the purpose of religious worship, disturbing other meetings for the purpose of religious worship, nuisances, horse-racing, cockfighting, and shooting matches, larcenies committed by negroes or mulattoes, and the offence of knowingly buying, receiving or concealing by negroes or mulattoes, of stolen goods and things the subject of larceny, and of any negro or mulatto being accessary to any larceny. 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 of the Peace : the matters within this section shall be and the same hereby are excepted and excluded from the provision of the Constitution, that"No person shall for an indictable offence be proceeded against criminally by information,”—and also from the provision of the Constitution concerning trial by jury.
16. In civil causes when pending, the [Superior] Court shall have the power, before judgment, of directing upon such terms as they 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 that are aged, very infirm, or going out of the State, upon interrogatories de benne 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 this State.
17. At any time pending an action for debt or damages, the defendant may bring into court a sum of money for discharging the same, and the cost then accrued, and the plaintiff not accepting thereof, it shall be delivered for his use to the clerk or prothonotary of the court; and if, upon the final decision of the cause, the plaintiff 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.
18. By the death of any party, no suit in chancery or at law, where the cause of action survives, shall abate, but until the Legislature 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 term 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 the 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 continuar of cause as to the judges shall appear proper.
19. 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 the 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 and all costs, or otherwise abide the decree in appeal, or the judgment in error, if he fail to make his plea good.
20. No writ of error shall be brought upon any judgment heretofore confessed, entered, or rendered, but within five years from this time; nor 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 with five years exclusive of the time of such disability.
21. An executor, administrator, or guardian shall file every account with the register 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, administrator, or guardian, and shall adjust and settle the same, according to the very right of the matter and the law of the land; which account so settled, shall remain in his office for inspection; and the executor, administrator, or guardian shall, within three months after such settlement, give due 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 Orphan's 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.]
22. The register's 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 make part of the proceedings in the cause. This Court may issue process throughout the State, to compel the attendance of witnesses. Appeals may be made from the Register's Court to the [Superior] Court, whose decisions shall be final. In cases where a register is interested in questions concerning the probate of wills, the granting letters of administration, or executors, administrators, or guardians' accounts, the cognizance thereof shall belong to the Orphan's Court, with an appeal to the Superior] Court, whose decisions shall be final.
23. [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 situated. *
24. The Governor shall appoint a competent number of persons to the office of justice of the peace, not exceeding twelve in each county, until two-thirds of both houses of the Legislature shall by law direct an addition to the number, who shall be commissioned for seven years, if so long they shall behave themselves well, but may be removed by the Governor within that time on conviction of misbehavior in office, or on the address of both houses of the Legislature.
25. 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.
ARTICLE VII. Sec. 1. The members of the Senate and House of Representatives, the Chancellor, the judges, and the Attorney-General shall, by virtue of their offices, be conservators of the peace throughout the State; and the Treasurer, Secretary, prothonotaries, registers, recorders, sheriffs, and coroners, shall, by virtue of their offices, be conservators thereof within the counties respectively in which they reside.
2. The representative, and, when there shall be more than one, the representatives of the people of this State in Congress, shall be voted for at the same places where representatives in the Legislature are voted for, and in the same manner.
3. [The sheriff and coroner of each county shall be chosen by the citizens residing in such county. They shall hold their respective offices for two years, if so long they behave themselves well, and until successors be duly qualified; but no person shall be twice chosen sheriff upon election by the citizens in any term of four years. They shall be commissioned by the Governor. The Governor shall fill vacancies in these offices by appointments to continue until the next election, and until successors shall be duly qualified. The Legislature, two-thirds of each branch concurring, may vest the appointment of sheriffs and coroners in the Governor; but no person shall be twice appointed sheriff in any term of six years.]
4. The Attorney-General, (registers in chancery,] prothonotaries, registers, clerks of the orphans' court and of the peace, shall respectively be commissioned for five years, if so long they shall behave themselves well: but may be removed by the Governor within that time on conviction of misbehavior in office, or on the address of both houses of the Legislature. Prothonotaries, [registers in chancery,] clerks of the orphans' court, registers, recorders, and sheriffs, shall keep their offices in the town or place in each county in which the (superior] court [is] usually held.
5. Attorneys-at-law, all inferor offices in the treasury department, election officers, officers relating to taxes, to the poor, and to highways, constables and hundred officers, shall be appointed in such manner as is or may be directed by law.
6. All salaries and fees annexed to officers shall be moderate; and no officer shall receive any fees whatever without giving to the person who pays, a receipt for them, if required, therein specifying every particular and the charge for it.
7. No costs shall be paid by a person accused on a bill being returned ignoramus, nor on acquittal by a jury.
8. The rights, privileges, immunities, and estates of religious societies and corporate bodies shall remain as if the Constitution of this State had not been altered. No [ordained] clergyman or [ordained) preacher of the Gospel of any denomination shall be capable of holding any civil office in the State, or of being a member of either branch of the Legislature while he continues in the exercise of the pastoral or clerica functions.
9. All the laws of this State existing at the time of making this Constitution, and not inconsistent with it, shall remain in force, unless they shall be altered by future laws; and all actions and prosecutions now pending shall proceed as if this Constitution had not been made.
10. This Constitution shall be prefixed to every edition of the laws made by direction of the Legislature.
11. The Legislature shall, as soon as conveniently may be, provide by law for ascertaining what statutes and parts of statutes shall continue to be in force within this State; for reducing them and all acts of the General Assembly into such order, and publishing them in such manner, that thereby the knowledge of them may be generally diffused; for choosing inspectors and judges of elections, and regulating the same in such manner as shall most effectually guard the rights of the citizens entitled to vote; for better securing personal liberty, and easily and speedily redressing all wrongful restraints thereof; for more certainly obtaining returns of impartial juries; for dividing lands and tenements in sales by sheriffs, where they will bear a division, into as many parcels as may be without spoiling the whole, and for advertising and making the sales in such manner, and at such times and places as may render them most beneficial to all persons concerned; and for establishing schools, and promoting arts and sciences.
12. [No property qualification shall be necessary to the holding of any office in this State, except the office of senator in the General Assembly, and the office of assessor, inquisitor on lands, and levy court commissioner, and except such offices as the General Assembly shall by law designate.]
ARTICLE VIII. Members of the General Assembly and all officers, executive and judicial, shall be bound by oath or affirmation, to support the Con