Page images
PDF
EPUB

(hall not be Justices of either of the said Courts of which they are officers, but they shall have authority to sign all writs by them issued, and take recognizances of bail. The Justices of the Peace shall be nominated by the House of Assembly ; that is to say, They mall name twentyfour persons for each county, of whom the President, with the approbation of the Privycouncil, shall appoint twelve, who shall be Commissioned as aforesaid, and continue in office during seven years, if they behave themselves well; and in cafe of vacancies, or if the legislature shall think proper to increase the number, they mall be nominated and appointed in like manner. The members of the Legislative and Privy Councils shall be Justices of the Peace for the whole State, during their continuance in trust: and the Justices of the Courts of Common-pleas shall be Conservators of the Peace in the respective counties.

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

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

Q^ the

the Recorders of Deeds by the Justices of the Courts of Common-pleas for each county severally, and commissioned by the President 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 chosen annually as heretofore ■; and any person having served three

. years as Sheriff", shall be ineligible for three years after; and the President and Privy-council Shall have the appointment of such of the two candidates returned for the said offices of Sheriffs and Coroners, as they shall think best qualified, in the same manner that the Governor heretofore enjoyed this power.

XVI. The General Assembly by joint ballot shall appoint the Generals and Field-officers, and all other officer's in the army or navy of this State. And the President may appoint

'during pleasure, until otherwise directed by the legislature, all necessary civil officers not herein before-mentioned.

XVII. There shall be an appeal from the Supreme Court of Delaware in matters of law

"and equity, to a Court of seven persons, to consist of the President for the time being, who

shall shall preside therein, and six others, to be appointed, three by the Legislative Council, and three by the House of Assembly, who shall continue in office during good behaviour, and be commissioned by the President under the Great Seal; which Court shall be styled, The Court of appeals, and have all the authority and powers heretofore given by law in the last resort to the King in Council, under the old government. The Secretary shall be the Clerk of this Court, and vacancies therein occasioned by death or incapacity shall be sup plied by new elections, in manner aforesaid.

XVIir. The Justices 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 persons concerned in any army or navy contracts, shall be ineligible to either House of Assembly; and any Member of either House accepting of any other of the offices herein before-mentioned (excepting the office of a Justice of the Peace) mall have his feat thereby vacated, and a new election ihall be ordered.

Q^2 XIX. The

XIX. The Legislative Council and Assembly shall have the power of making the Great Seal of this State, which shall be kept by the President, or in his absence by the Vice-president, to be used by them as occasion may require. It shall be called, The Great Seal of the Delaware State, and shall be affixed to all laws and commissions.

XX. Commissions shall run in the name of The Delaware State, and bear test by the President. Writs shall run in the same manner, and bear test in the name of the Chief Justice, or Justice first named in the commissions for the several Courts, and be sealed with the public seals of such Courts. Indictments shall conclude, Against the peace and dignity of the State.

XXI. In case of vacancy of the offices above directed to be silled by the President and General Assembly, the President and Privy-council may appoint others in their stead, until there shall be a new election.

XXII. Every person who shall be chosen a Member of cither House, or appointed to any office or place of trust, before taking his feat, or entering upon the execution of his office, shall take the following oath, or affirmation, if conscientiously scrupulous of taking an oath, to wit,

"I, A. B. will bear true allegiance to the Delaware State, submit to its constitution and laws, and do no act wittingly whereby the freedom thereof may be prejudiced."

And also make and subscribe the following declaration, to wit,

"I, A. B. do profess saith in God the Father, and in Jesus Christ his only Son, and the Holy Ghost, one God, blessed for evermore; and I do acknowledge the holy scriptures of the Old and New Testament to be given by divine inspiration."

And all officers shall also take an oath of office.

XXIII. The President when he is out of office, and within eighteen months after, and all others, offending against the State, either by mal-administration, corruption, or other means, by which the safety of the Commonwealth may be endangered, within eighteen months after the offence committed, shall be impeachable by the House of Assembly before the Legislative Council; such impeachment to be prosecuted by the Attorney-General, or such other person or persons as the House of Assembly may appoint, according to the laws of the land. If found guilty, he or they shall be either for

Q^3 ever

« PreviousContinue »