the militia, and act as Captain-general and Commander in Chief of them, and the other military force of this State, under the laws of the fame.

X. Either Houfe of the General Affembly may adjourn themselves respectively. The Prefident fhall not prorogue, adjourn, or diffolve the General Affembly; but he may, with the advice of the Privy-council, or on the application of a majority of either House, call them before the time to which they shall stand adjourned; and the two Houses fhall always fit at the fame time and place; for which pofe, immediately after every adjournment, the Speaker of the Houfe of Affembly fhall give notice to the Speaker of the other House of the time to which the Houfe of Affembly ftands adjourned.

pur

XI. The Delegates for Delaware to the Congress of the United States of America, shall be chofen annually, or fuperfeded in the mean time, by joint ballot of both Houses in the General Affembly.

XII. The Prefident and General Assembly shall by joint ballot appoint three Juftices of the Supreme Court for the State, one of whom shall be Chief Justice and a Judge of Admiralty;

and

and alfo four Juftices of the Courts of CommonPleas and Orphans Courts for each county, one of whom in each Court fhall be ftiled CHIEF JUSTICE (and in cafe of divifion on the ballot, the Prefident fhall have an additional cafting voice), to be commiffioned by the President under the great feal, who fhall continue in office during good behaviour; and during the time the Juftices of the faid Supreme Court and Courts of Common-Pleas remain in office, they fhall hold none other except in the militia. Any one of the Juftices of either of faid Courts fhall have power, in cafe of the non-coming of his brethren, to open and adjourn the Court. An adequate, fixed, but moderate falary fhall be fettled on them during their continuance in office. The President and Privycouncil fhall appoint the Secretary; the Attorney General; Regifters for the Probate of Wills, and granting letters of administration; Regis ters in Chancery; Clerks of the Courts of Common-Pleas and Orphans Courts and Clerks of the Peace; who fhall be commiffioned as aforefaid, and remain in office during five years, if they behave themfelves well, during which time the faid Regifters in Chancery and Clerks

fhall

fhall not be Juftices of either of the said Courts of which they are officers, but they shall have authority to fign all writs by them iffued, and take recognizances of bail. The Justices of the Peace shall be nominated by the House of Affembly; that is to say, They shall name twentyfour perfons for each county, of whom the President, with the approbation of the Privycouncil, fhall appoint twelve, who fhall be commiffioned as aforefaid, and continue in office during seven years, if they behave themfelves well; and in cafe of vacancies, or if the legislature shall think proper to increase the number, they shall be nominated and appointed in like manner. The members of the Legislative and Privy Councils fhall be Juftices of the Peace for the whole State, during their continuance in trust and the Juftices of the Courts of Common-pleas fhall be Confervators of the Peace in the respective counties.

XIII. The Juftices of the Courts of Common-pleas and Orphans Courts fhall have the power of holding inferior Courts of Chancery as heretofore, unless the legislature shall otherwife direct.

The Clerks of the Supreme Court shall be appointed by the Chief Juftice thereof, and e

the

the Recorders of Deeds by the Juftices of the Courts of Common-pleas for each county feverally, and commiffioned by the Prefident under the Great Seal, and continue in office five years, if they behave themselves well.

XV. The Sheriffs and Coroners of the respective counties shall be chofen annually as heretofore; and any person having served three years as Sheriff, fhall be ineligible for three -years after; and the Prefident and Privy-council fhall have the appointment of fuch of the two candidates returned for the faid offices of Sheriffs and Coroners, as they fhall think best qualified, in the fame manner that the Governor heretofore enjoyed this power.

XVI. The General Affembly by joint ballot fhall appoint the Generals and Field-officers, and all other officers in the army or navy of this State. And the Prefident may appoint during pleafure, until otherwife directed by the legiflature, all neceffary civil officers not herein before-mentioned.

XVII. There fhall be an appeal from the Supreme Court of Delaware in matters of law and equity, to a Court of feven perfons, to confift of the President for the time being, who

fhall

fhall prefide therein, and fix others, to be appointed, three by the Legislative Council, and three by the Houfe of Affembly, who shall continue in office during good behaviour, and be commiffioned by the Prefident under the Great Seal; which Court fhall be ftyled, The Court of Appeals, and have all the authority and powers heretofore given by law in the laft refort to the King in Council, under the old government. The Secretary shall be the Clerk of this Court, and vacancies therein occafioned by death or incapacity fhall be fupplied by new elections, in manner aforefaid.

XVIII. The Juftices of the Supreme Court and Courts of Common-pleas, the Members of the Privy-council, the Secretary, the Trustees of the Loan-office, and Clerks of the Courts of Common-pleas, during their continuance in office, and all perfons concerned in any army or navy contracts, fhall be ineligible to either Houfe of Affembly; and any Member of either House accepting of any other of the offices herein before-mentioned (excepting the office of a Juftice of the Peace) fhall have his feat thereby vacated, and a new election fhall be ordered.

XIX. The