SEC. 5. The chancellor, or any judge of the supreme court, or of the court of common pleas, shall issue the writ of habeas corpus in vacation time, and out of term, when duly applied for, which shall be immediately obeyed.

SEC. 6. Any judge of the supreme court, or of the court of common pleas, may, unless the legislature shall otherwise provide by law, out of court, take the acknowledgment of deeds; and the same being thereon certified, under his hand, such deed shall be recorded, and have the same effect, as if acknowledged in open court.

SEC. 7. In civil causes, when pending, the supreme court and court of common pleas 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 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.

SEC .8. Suits may originate in the supreme court or court of common pleas. SEC. 9. One judge of the supreme court, or of the court of common pleas, may, if the other judges come not, open and adjourn the court, and may also make the necessary rules preparatory, respectively, to the trial or argument of causes.

SEC. 10. 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 costs 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.

SEC. 11. 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 respond ent 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.

SEC. 12. 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.

SEC. 13. 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 within five years exclusive of the time of such disability.

SEC. 14. The equity jurisdiction heretofore exercised by the judges of the court of common pleas shall be separated from the common-law jurisdiction, and vested in a chancellor, who shall hold courts of chancery in the several counties of this State. In cases of equity jurisdiction, where the chancellor is interested, the cognizance thereof shall belong to the court of common pleas, with an appeal to the high court of errors and appeals.

SEC. 15. The judges of the court of common pleas, or any two of them, shall compose the orphans' court of each county, and may exercise the equity jurisdiction heretofore exercised by the orphans' courts, except as to the adjusting and settling executors, administrators, and guardians' accounts; in which cases they shall have an appellate jurisdiction from the sentence or decree of the register. This court may issue process throughout the State to compel the attendance of witnesses. Appeals may be made from the orphans' court, in cases where that court has original jurisdiction, to the supreme court, whose decision shall be final.

SEC. 16. 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; and the judges of the orphans' court shall hear the exceptions of any persons concerned, if any be made, and thereupon allow no demand whatever against the estate of the deceased, unless, upon consideration of all circumstances, they shall be fully convinced that the same is therewith justly chargeable.

SEC. 17. The registers 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 a register's court to the supreme court, whose decision 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 orphans' court, with an appeal to the supreme court, whose decision shall be final. SEC. 18. The prothonotaries of the court of common pleas may issue process as heretofore, take recognizances of bail, and sign confessions of judgment; and the clerks of the supreme court shall have the like powers. No judgment in the supreme court or court of common pleas held for 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. SEC. 19. The judges of the court of common pleas shall, by virtue of their offices, compose the courts of general quarter-sessions of the peace and jail-delivery within the several counties. Any two of the said judges shall be a quorum.

SEC. 20. 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.

SEC. 21. 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, and shall conclude, "against the peace and dignity of the State."

ARTICLE VII. .

SECTION 1. There shall be a court styled "The high court of errors and appeals,” which shall consist of the chancellor and of the judges of the supreme court and court of common pleas. Any four of the judges of this court may proceed on business, but any smaller number may open and adjourn the court. If any of them has rendered judgment or passed a decree in any cause before removal, he shall not sit judicially upon the hearing of the same in this court, but may assign the reasons upon which

such judgment was rendered, or such decree passed. The chancellor shall preside, except when he cannot sit judicially; and in such cases, or in his absence, the chiefjustice of the supreme court; but if he is so disqualified or absent, then the chief-justice of the court of common pleas shall preside; and if he is so disqualified or absent, then the next eldest judge, according to priority in date of commissions, if present, and not disqualified as aforesaid, shall preside. This court shall have power to issue writs of error to the supreme court, and to the court of common pleas, and to receive and determine appeals from interlocutory or final orders or decrees of the chancellor. Errors shall be assigned and causes of appeal exhibited in writing speedily, and citations duly served on adverse parties.

SEC. 2. Upon the reversal of a judgment of the supreme court or of the court of common pleas, or a decree of the chancellor, this court shall respectively render such judgment or pass such decree as the supreme court, or the court of common pleas, or the chancellor ought to have rendered or passed, except where the reversal is in favor of the plaintiff or petitioner in the original suit, and the damages to be assessed, or the matters to be decreed, are uncertain; in any of which cases the cause shall be remanded, in order to a final decision.

SEC. 3. The judges of this court may issue all process proper for bringing records fully before them, and for carrying their determinations into execution.

ARTICLE VIII.

SECTION 1. The members of the senate and house of representatives, the chancellor, the judges of the supreme court and the court of common pleas, and the attorneygeneral, shall, by virtue of their offices, be conservators of the peace throughout the State; and the treasurer, secretary, clerks of the supreme court, prothonotaries, registers, recorders, sheriffs, and coroners shall, by virtue of their offices, be conservators thereof within the counties respectively in which they reside.

SEC. 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 State legislature are voted for, and in the same manner. SEC. 3. The State treasurer shall be appointed annually by the house of representatives, with the concurrence of the senate. No person who hath served in the office of State treasurer shall be eligible to a seat in either house of the legislature until he shall have made a final settlement of his accounts as treasurer, and discharged the balance, if any, thereon due.

SEC. 4. Two persons for the office of sheriff, and two for the office of coroner, shall be chosen by the citizens residing in each county, and having right to vote for representatives, at the time and places of election of representatives, one of whom for each office respectively shall be appointed by the governor. They shall hold their offices for three years, if so long they shall behave themselves well, and until successors be duly qualified; but no person shall be twice appointed sheriff, upon election by the citizens, in any term of six years. The governor shall fill vacancies in these offices by new appointments, to continue unto the next general election, and until successors shall be chosen and duly qualified. The legislature, two-thirds of each branch concurring, may, when it shall be judged expedient, vest the appointment of sheriffs and coroners in the governor; but no person shall be twice appointed sheriff in any term of six years.

SEC. 5. The attorney-general, clerks of the supreme court, prothonotaries, registers, clerks of the orphans' courts 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, clerks of the supreme court, of the orphans' courts, registers, recorders, and sheriffs, shall keep their offices in the town or place in each county in which the supreme court and the court of common pleas are usually held.

SEC. 6. Attorneys at law, all inferior officers 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.

SEC. 7. All salaries and fees annexed to offices 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.

SEC. 8. No costs shall be paid by a person accused, on a bill being returned ignoramus; nor on acquittal by a jury, unless a majority of the judges present at the trial certify that there was probable cause for the prosecution.

SEC. 9. 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 clergyman or preacher of the gospel, of any denomination, shall be capable of holding any civil office in this State, or of being a member of either branch of the legislature, while he continues in the exercise of the pastoral or clerical functions.

SEC. 10. 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.

SEC. 11. This constitution shall be prefixed to every edition of the laws made by direction of the legislature.

SEC. 12. 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.

ARTICLE IX.

Members of the general assembly, and all officers, executive and judicial, shall be bound, by oath or affirmation, to support the constitution of this State, and to perform the duties of their respective offices with fidelity.

ARTICLE X.

The general assembly, whenever two-thirds of cach house shall deem it necessary, may, with the approbation of the governor, propose amendments to this constitution, and at least three, and not more than six months, before the next general election of representatives, duly publish them in print, for the consideration of the people; and, if three-fourths of each branch of the legislature shall, after such an election, and before another, ratify the said amendments, they shall be valid to all intents and purposes, as parts of this constitution. 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 general election of representatives, to vote also, 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 right to vote for representatives, have voted for a convention, the general assembly shall, accordingly, at their next sessions, call a convention, to consist of at least as many members as there are in both houses 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.

SCHEDULE.

That no inconveniences may arise from the alterations of the constitution of this State, and in order to carry the same into complete operation, it is hereby declared and ordained—

I. That the president, or, in case of his death, inability, or absence from the State, the speaker of the legislative council, at that time, and in case of his death, inability, or absence from the State, the speaker of the house of assembly, at that time, shall respectively, with the privy council, exercise the executive authority of this State, until the third Tuesday in January next. If the death, inability, or absence of the president shall happen after the first Tuesday of next October, and before the first Tuesday in next January, then the executive authority shall devolve upon the person who was speaker of the council at the next preceding session of the general assembly; and in case of his death, inability, or absence, upon the person who was speaker of the house of assembly at the said next preceding session.

II. That all persons holding offices to which, under this constitution, appointments are to be made by the governor, shall continue in the exercise of the duties of their respective offices, until the first Tuesday of October, 1793, unless their commissions shall sooner expire by their own limitations, or the said offices shall become vacant by death or resignation, and no longer, unless reappointed and commissioned by the governor.

III. That justice shall be administered in the several counties of this State, until the period last mentioned, by the same justices, in the same courts, and in the same manner as heretofore.

IV. That the sheriffs elected at October next shall hold their respective commissions two years, and no longer, from that time, or until new sheriffs are elected and appointed; and such persons shall not be again eligible until the expiration of three years after their commissions cease.

V. That the elections of governor, senators, and representatives shall be conducted by the same persons and in the same inanner as is prescribed by the election laws of this State concerning the election of members of the council and of the house of assembly; and the returns thereof shall be made respectively to the person exercising the executive authority, to the senate, and to the house of representatives.

VI. The first meeting of the legislature under this constitution shall be at the town of Dover.

Done in convention the twelfth day of June, in the year of our Lord one thousand seven hundred and ninety-two, and of the Independence of the United States of America the sixteenth. In testimony whereof we have hereunto subscribed our

names.

Attest: JAMES BOOTH, Secretary.

THOMAS MONTGOMERY, President.

AMENDMENT TO THE CONSTITUTION OF 1792.

The chancellor shall compose the orphans' court of each county, and exercise the equity jurisdiction heretofore exercised by the orphans' court, except as to the adjusting and settling executors, administrators, and guardians' accounts, in which case he shall have an appellate jurisdiction from the sentence and decree of the register. This court may issue process throughout the State to compel the attendance of witnesses. Appeals may be made from the orphans' court, in cases where that court has original jurisdiction, to the supreme court, whose decision shall be final.