court shall consist of three judges at least: that is to say, the chancellor, who shall preside, the associate judge who could not on account of his residence sit in the cause below, and one of the judges who did sit in the said cause. The judges of the superior court to whom it appertains to hold the superior court in each county shall sit alternately in the court of errors and appeals in cases in error brought from the superior court held in such county, according to the following rotation, that is to say: If the judgment below be rendered in the court in New Castle county at the first term of the said court there, the chief-justice shall sit; if at the second term of said court there, the associate judge for Kent county shall sit; and if at the third term of said court there, the associate judge for Sussex county shall sit. If the judgment below be rendered in the court in Kent county at the first term of said court there, the associate judge for Sussex county shall sit; if at the second term of the said court there, the associate judge for New Castle county shall sit; and if at the third term of the court there, the chief-justice shall sit. If the judgment below be rendered in the court in Sussex county at the first term of said court there, the associate judge for New Castle county shall sit; if at the second term of the said court there, the chief-justice shall sit, and if at the third term of the said court there, the associate judge for Kent county shall sit; and so from term to term, in every succeeding rotation the judges beginning and following each other in the same order. But if in any case in the court of errors and appeals, the judge who sat in the cause below, and ought according to this provision to sit in the court of errors and appeals, be absent, unable, or disqualified, then either of the other judges who sat in the cause below may sit; and the court shall have power to prevent any inconvenience or delay from observing the rotation above described, by making an order or regulation for either of the judges who sat in the cause below, to sit in such cause in the court of errors and appeals. If a judge did not sit in the cause below, he shall sit in the said cause in the court of errors and appeals, unless there be a legal exception to him; but the court, if there be three judges present, may proceed in his absence.

Whenever the superior court consider that a question of law ought to be decided before all the judges, they shall have power, upon the appication of either party, to direct it to be heard in the court of errors and appeals; and in that case the chancellor and four judges shall compose the court of errors and appeals, the chancellor presiding, and any four of them being a quorum; and in the absence of the chancellor, the chief-justice shall preside. The superior court in exercising this power may direct a cause to be proceeded in to verdict and judgment in that court, or to be otherwise proceeded in, as shall be best for expediting justice.

Upon appeal from the court of chancery, the court of errors and appeals shall consist of the chief-justice and three associate judges; any three of them shall be a quorum.]

8. [In matters of chancery jurisdiction in which the chancellor is interested, the chief-justice sitting in the superior court without the associate judges, shall have jurisdiction, with an appeal to the court of errors and appeals, which shall consist in this case of the three associate judges the senior associate judge presiding.]

49. [The governor shall have power to commission a judge ad litem,

to decide any cause in which there is a legal exception to the chancellor or any judge, so that such appointment is necessary to constitute a quorum in either court. The commission in such case shall confine the office to the cause, and it shall expire on the determination of the cause. The judge so appointed shall receive a reasonable compensation, to be fixed by the general assembly. A member of congress, or any person holding or exercising an office under the United Sates, shall not be disqualified from being appointed a judge ad litem.]

10. [The orphans' court in each county, shall be held by the chancellor and the associate judge residing in the county; the chancellor being president. Either of them, in the absence of the other, may hold the court. When they concur in opinion, there shall be no appeal from their decision except in matter of real estate. When their opinions are opposed, or when a decision is made by one of them, and in all matters involving a right to real estate, or the appraised value or other value thereof, there shall be an appeal to the superior court for the county, which shall have 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 inay 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 pow ers 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 behaviour, 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 cach. 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 dis cretion, remove any of them on the address of two-thirds of all the members of cach 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, retailling 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, cock-fighting, 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 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.

§ 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 shal' otherwise provide, suggestion of such death being entered of record, the executor or administrator of a deccased 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 continuance of the 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 orphans' 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 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 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 cog nizance thereof shall belong to the orphans' court, with an appeal to the [superior] court, whose decision 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 o

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 misbehaviour 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 7.

§ 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 representatives, 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 misbehaviour in office, or on the address of both houses of the legislature. Prothonotaries, [registers in chancery,] clerks of the orphans' court, registers,, recorders, and sheriff's, 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 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.

§ 6. All salaries and fees annexed to officers shall be moderate; and no officer shall receive any fees whatever without giving to the person