Laws of the State of Delaware - Volume 7 Part 1 - Revised Edition - Page 1 |
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LAWS
OF THE
STATE OF DELAWARE,
' 4.1 ! i i! , ,
TO tHE YtAll OF OUR Loan, ONF ritousArrn EIERT, 7IUNDRED AND irWENTY
NINE INCLUSIVE : TO WHICH ARE PREFIXED. THE DECLARnATIO'N
OF INDEPENDENCE AND CONSTITUTION OF
THE UNITED STATES.
REVISED EDITION.
ARRANGED AND PUBLISHED UNDER THE AUTHORITY
OF TILE
GENERAL ASSEMBLY,
Wilmington, ed.
PRINTED BY R. PORTER AND SON, MARKET- STREET.
1829.
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 07 - Part 1 - Revised Edition |
| Date Original | 1829 |
| Description | Laws of the State of Delaware. to the Year of Our Lord, One Thousand Eight Hundred and Twenty Nine Inclusive: To Which are Prefixed. The Declaration of Independence and Constitution of the United States. Arranged and Published Under the Authority of the General Assembly. Volume VII, Part I, Revised Edition. |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE, '4.1 !i i! , , TO tHE YtAll OF OUR Loan, ONF ritousArrn EIERT,7IUNDRED AND irWENTY NINE INCLUSIVE : TO WHICH ARE PREFIXED. THE DECLARnATIO'N OF INDEPENDENCE AND CONSTITUTION OF THE UNITED STATES. REVISED EDITION. ARRANGED AND PUBLISHED UNDER THE AUTHORITY OF TILE GENERAL ASSEMBLY, Wilmington, ed. PRINTED BY R. PORTER AND SON, MARKET-STREET. 1829. ERRATA. Page 46.3Title erase the words Religious Societies, Page 539on the top in bracketerase Lancaster and substitute .Elkton. Page 732erase this line, power of two commissioners 552, and insert the.aantie ih page 734, as the third line. PREFACE. ..INhe year 1797, an edition of the Laws of this State was pah-lished in two volumes (1376 pages,) comprising the Acts of As-sembly to that year inclusive. The Acts of the subsequent years. to 1805 inclusive, were bound in a third volume of 399 pages ; and. the Acts of the Mowing years to January Session 1813 inclusive, were bound in a fourth volume of 671 pages. A fifth volume of 437 pages, and a sixth volume of' 763 pages have since been bound and 496 pages of a seventh volume have been published. A part of the sixth volume and a great portion. of the seventh volume con-sist Of Actspassed in the course of revising Acts contained in the preceding volumes. Soon after the binding of the fourth volume, the General As-sembly directed their attention to the state of the Acts of Assembly. These had become intricate. The law in force was to be gathered from a mass, a great part of which was obsolete or had been re- Pealed or .altered. On many subjects, it required great diligence and care to search out the law, and skill to distinguish what was in force from what had been annulled, varied or supplied. It was seen, that every year would increase this evil. The original design of the General Assembly was to procure a Digest of the Acts of Assembly. The plan of this Digest was unr derstood to bethat the Acts should be arranged under pro-per heads ; the language vaned of redundancy ; and all parts not in force mnitted; so as to compress the laws into the least practicable space, retaining the useful and avoiding all useless matter. Upon examining this subject, with a view to execute the intention of the General Assembly, it was seen, that a part of this plan (to wit pruning the language.) must be relinquished. The enacting clauses, unless declarative, not entering into the con-struction, could without detriment be omitted ; but unless the. very language or the provisions were retained, the book would be of no authority and unsafe. Departing therefore from this part of' Utopian and proceeding upon the residue, a Digest was prepared, and at the fiCSSi011 of 1824 was reported to the General Assembly, for publicatiownTahse reh owever in this Digest, a great and essential defect. The Acts of Assembly commenced in the year 1700 : and there had never been an entire revision of the law on any subject. Tha manner of legislation had been,to frame an Act supposed to con-tain the proper provisions. Ifexperience discovered a deficiency, or change in circumstances required an alteration, whatever was wanted, was supplied by supplemental provisions. In this man-ner, several supplementary Acts on some subjects were passed in succession. The law upon a subject, thus consisting of an orig-inal Act and several supplements, was on many points a matter iv PREFACE. of construction ;wand to determine it,a careful comparison of all the Acts was necessary. In this state of the Acts, a Digest could only have modified the evil. To remove this, one plain measure presented itself. This was, toieVise the laiv,upon the subjects, on which difficulty existed, and, repealing the Acts occasioning the embarrassment, incorporate in a revised Act the provisions pro-per tote retained with other provisions requisite to supply any de-fects. Upon this measure, the General- Assembly in '1.824 deter-mined; and in execution of it several Acts were passed, at the sbn-' sions in 1824 1826,1827_ and 1829 In the last session, Oh; pre-. paratory measure having been completed, "an Act directing a new page 81 edition of the laws" was passed ; and in pursuance of thistAbt the present edition has been 'published, The object ()film General Assembly, that this edition shall con-tain the law, as it stands' in force upon our Acts of Assembly, has. been carefully observed. Sections amended have .been-publish-ed, as amended. Acts and clauses not in force have been omit-ted, unless the .publication has been rendered necessary -by connexion with other matter, and then the law,' as' itstands, has been stated or directly referred to : the instances are few; the matter is plain. Sections as well as clauses, not' in force, have been omitted entirely, without any notice : the numbers of such sections not being inserted. But the sections in force retain their original numbers : thus an Act consists of sections 2, 3, 5, 7, 12 (pa. 104, 105); the other sections not being in force. So of others. The omission of the enacting clauses, unless declarative, is in conformity to the original intention. These clauses, when decla. rative, have been invariably retained ; in no other case could the retaining of them answer any useful purpose. In respect to this point, advice was received, upon which it was deemed perfectly safe to rely. Under the title Banks, besides public Acts, are inserted certain statements, in pursuance of the provision in this particular of the Act directing this edition. The statements are included in brack-ets. Several private Acts contain clauses imposing penalties. These clauses are required, by the Act directing this edition, to be pub-lished. They are collected 'older a Title (pa. 425-430, and pa. 639.) In relation to some of these, it has been thought best to make explanatory; statements : every such statement is included in brackets. 'Many of the provisions of the Acts incorporating Turnpike Companies, are strictly of a private nature. Other provisions a these Acts are of general concern and require,publication. These Acts appear to have been drafted, one from another or from the same original ; so that the law for one company may be applied to others ; most of the companies being under the same law sub-stantially, although there is an Act for each. In consequence, fltis provision" If there be in different Acts a clause substantially Me same proper to ,be published, it need not be published in relation to each act, but, may be connected -with each .det bya. slatemenV of the .11crdirecting:t6is editionhas been followed under the Title; 'Awn-pikes (pa.. 5M)-540:.) The statements thus made, are included bracketsorparenthesis. The Acts in FART H., which begins 565, are local. ,. or some of these Acts, and of particular sections or clauses of others, a sum-mary. is published insteattof the words. The sections or clauses, of which a summary is given, arc included in brackets. In this part, under the. TITLE Bridgp are special provision's con-cerning particular bridges. Under the .TrirlAs pridges . are two special Acts concerning travelling over certain bridges in ' New- Castle county. Under the Trrxxs-,--Rodds in New.:Clastle county. Roads in. Kent county, Roads in Kent and Sussex, Roads in Sussex county,r-arc special provisions concerning particular roads in these counties,for laying out,, altering, vacating, or erecting gates in such_roads. The generallaw in respect to roads and . bridges,.(whetlic; it.regulates.the charges, the laying old, the re-pairing, ace. either throughoukthe State or in particular counties) is in PARTi, under the TITLts ROADS AND IIRIDGES WILLARD HALL. ;We 10, 1829. TABLE OF TITLES. [The marginal notes are numbered for the sake of reference ; the num-bers commencing with each Title. The numbers included in pa-renthesis or brackets in, the 'margin refer to these numbers : when. number only is included, the reference is to that number of the marginal notes under the same Title; when, the reference is to another Title, the Title as well as the numb& is included in the parenthesis or brackets.]4 Tnn TITLES IN ITALICS ARE IN PART II. Declaration of Independence, Constitution of the United States, Constitution of the State of Delaware, Page ACTS OF ASSEMBLY, 31 ALIENS, 32 APPRENTICES & SERVANTS, 34 armory, 665 ASSIGNMENT OF BILLS & SPE-CIALITIES 42 ATTACHMENT, 46 ATTORNMENT, 63 AUDITOB OF ACCOUNTS, 63 auditor's Office, 565 BAIL, 61 BANKS, 64 BASTARDY, 70 BILLS OF EXCHANGE, 74 BILLS OP SALE, 76 BOATS & CANOES, 75 BONDS & PENAL SUMS, 76 BOUNDARIES, 79 Bridge, 566 Brulges, 595 Canal, 597 Christiana Canal, 557 Cantwell's Bridge, 559 CAPE HENLOPEN, 589 CHESAPEAKE & DELAWARE' CA-NAL, 83, 430, 586 C ONST A BL ES, 85 CONTRACTS, CONVEYANCES, 89 CORONER, 93 CORPORATIONS, 97 COSTS IN CIVIL SUITS, 100 in criminal cases, 101 COUNTY LINES, 590 COURTS, 101 QUARTER SESSIONS 101 COMMON PLEAS, 102 COURT OF EQUITY, 103 SUPREME COURT, 104 CHANCERY, 105, 119 Page JURORS, 113.119 CRIMES & MISDEMEANORS, 123 DITCHES, 158 DOGS IN N. CASTLE COUN-TY, 163 Dover, 591 Dover Hundred, 601 DOWER, PARTITION AND WASTE, 165 Duck Creek and Little Greek Hd. 602 EJECTMENT, 170 ELECTION, OF ASSESSOR & INSPECTOR, 171 GENERAL, 173 OF ELECTORS OF PRESPF. 190 OF REP. IN CON-GRESS, 193 OF SENATORS IN CONGRESS, 195 ENTAILS, 196 ESCHEATS, 198 EXECUTION, 204 EXECUTORS AND ADMINIS-TR ATORS, 217 FAIRS, 236 FEES, 238 FENCES, 268 Ferry, 602 New-Cm:lei 602 Seaford, 606 FINES, 272 FIRING CHIMNIES, 273 FIRING WOODLAND AND MARSH, 273 FISHERIES, .274 FLOUR, 276 FORCIBLE ENTRY AND DE-TAINER, 283 Frederica, 607 FUGITIVES FROM LABOR, 291 Page 1 4 16 GAOLS; GENERAL ASSEMBLY, Georgetown, HABEAS CORPUS, HEALTH, HORSES, mars AND LUNATICS, IMPORTED EMIGRANTS, INSOLVENCY, INTEREST, INTESTACY, 'INTESTATES REAL ES-TATE, 315 JOINT ACTIONS 326 JUSTICES OF THa PEACE, 327 SMALL DEBTS, 330 TRESPASSES, 359 ASSAULT ec BATTERY, S60 LANDLORD AND TENANT 361 Laurel, 610 LEGACIES, 370 LEVY COURT, 372 Lewes, 614 LIEN OF JUDGMENTS AND EXECUT1oNS, 393 LIMITATION OF APPEALS, 395 LIMITATION OF ACTIONS AND ENTRIES CONCERN-ING LANDS, 396 LIMITATION OF PERSONAL ACTIONS, 397 MARINERS, 399 MARRIAGE, 400 Milford, 618 MILLERS, 402 MILLS, 404 Molton, 622 Mispillion Navigation Company, 622 Murderkill and Spring Creeks, 624 NEGROES 8c MULATTOES, 406 New-Ark, 625 New-Castle, 62$ NUISANCES, 411 OATH AND AFFIRMATION, 418 OFFICES INCOMPATIBLE, 419 ORPHANS COURT, 419 PENALTIES FOR INJURIES TO CERTAIN WORKS, 425 639 PHYSICIANS, 431 .PILOTS, 433 TABLE OF TITLES. Page 447 292 609 294 298 304 305 305 306 314 314 Page POOR, 435 PRACTICE, 445 PRISONERS AND GAOLS, 446 PUBLIC DEMANDS & WIT-NESSES FEES, 451 PUBLIC OFFICES, 452 PUBLIC RECOGNIZANCES AND BONDS, 43 Punishment, 640 RECORDER OF DEEDS, 457 Records, 640 RELIGIOUS SOCIETIES, 457 RETAILERS, 462. ROADS AND BRIDGES, 465 repairing, &c. New-Castle, 475 4ao 646 65$ 661 66.2 483 484 Sussex, Roads in New-Castk, Kent, Kent and Sussex, Sussex; SABBATH, SALARIES, SATISFACTION OF JUDG-MENTS 8c RECOGNIZAN- CES, 485 SCHOOLS, 486 SEALS OF OFFICE, 494 SECRETARY OF STATE, 496 SERVANTS AND SLAVES, 499 SHERIFF, 500 SLAVES, 501 4'myrna, 663 STATE ASSESSMENT, 502 STTAETEE O TFR ESACSHUOROELR F 8Uc TNRDU, S5- () St. Georges, 668 STRAYS, 510 SWINE RESTRAINED FROM RUNNING AT LARGE, 512 TAVERNS, 518 TURNPIKES, 520 United Statescessions to, 672 VACANT LANDS, 542 (LAND OFFICE,) 549 WEARS IN CREEKS AND . RIVERS, 552 WILLS, 556 Wilmington, 675 WITNESSES; 558 WOOD CORDERS, 558 WRECKS. 559 DECLARATION OF MIZEKEVIDIEMEL In Congress, July 4, 1776. THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF AMERICA. WHEN, in the course of human events, it becomes necessary for Propriety of one people to dissolve the political bands which have connected the Declava= them with another, and to assume, among the powers of the earth tioa. the separate and equal station to which the laws of nature and of nature's God entiffe them, a decent respect to the opinions of man-kind requires that they should declare the causes which impel them to the separation. We hold.these truths to be self-evidentthat all men are created Unalienable equal, that they are endowed by their Creator with certain unalien- rights of the able rights; that among these are life, liberty, and Sz the pursuit of People, e. happiness. That to secure these rights, governments arc instituted among men, deriving their just powers from the consent of the governed ; that whenever any form of government becomes des-tructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate, that governments long established should not be changed for light and transient causes; and accord-ingly all experience bath shown, that mankind are more disposed, to stiffer while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute des-potism, it is their right, it is their duty, to throw oft' such govern-ment, and to provide new guards for their future security. Such has been the patient sufferance of these colonies ; and such is now the necessity which constrains them to alter their former system of government. The history of the present king of Great Britain, ;Absolute (y-in a history of repbated injuries and usurpations, all having inrannyotthe ft; direct object the establishment of an absolute tyranny over these ilCivmtg of GI:eat States. To prove this,- let facts be submitted to a candid world. Britain. He has refused his assent to laws the most wholesome and ne-cessary for the-public good. He has forbidden his governors to pass laws of immediate and Recitation of pressing importance, unless suspended in their operation, till his ubstrpieastinnans4 assent should be obtained; and when so. suspended, he has utterly on the part of neglected to attend to them. He has refused to pass other laws the British l'or the accommodation of large districts of people, unless those 4n/wn' people would relinquish the right of representation, 1n the leg's- ., A DECLARATION OF ltecitation of laturea right inestimable to them, and formidable to tyrants only. tnjuries and. r.te has called together legislative bodies at places unusual, tin- usurpations on the part of comfortable, and distant from the repository of their public records, the British for the sole purpose of fatiguing them into compliance with his cm, wn. measures. He has dissolved representative houses repeatedly, for opposing. with manly firmness, his invasions on the rights or the people. He has refused for a long time after such dissolutions, to cause others to be elected ; whereby the legislative powers, ircapable or annihilation, have returned to the people at large, for their exer-cise, the state remaining, in the mean time, exposed to all the dan gers of invasion from without, and convulsions within. He has endeavored to prevent the population of these States; for that purpose obstructing the laws for naturalization or foreign-ers; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands. He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers. Be has made judges dependent on his will alone, for the tenare or their offices, and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hither swarms of officers, to harass our people, and cat out their sub-stance. He has kept among us, in times of peace, standing armies, With-out the consent of our legislatures. He has affected to render the military independent of, and supe-rior to, the civil power. He has combined with others to subject us to a jurisdiction for-eign to our constitution and unacknowledged by our laws; giv-ing his assent to their acts of pretended legislation For quartering large bodies of armed troops among us For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these States : For cutting oil' our trade with all parts of the world For imposing taxes on its without our consent For depriving us, in many cases, of the benefits of trial by jury: For transporting us beyond seas to be tried for pretended of'- fences: For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and en-larging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these co-lonies: For taking away our charters, abolishing our most valuable laws, and altering, fundamentally, the forms of our governments For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. Ile has abdicated government here, by declaring us out of his protection, and waging war against us. Ile has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people. He is at this time transporting large armies of foreign inerce- INDEPENDENCE. navies to complete the works of death, desolation, and tyranny, already begun with circumstances of cruelty and perfidy, scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation. He has constrained our fellow citizens, taken captive on the high 5cas, to bear arms against their country, to become the execution-ers of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrections amongst us, and has en-deavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguish-ed destruction of all ages, sexes, and conditions. In every stage of these oppressions we have petitioned for re-dress in the most liumjilo terms : our repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. Nor have we been wanting in attentions to our British brethren. We have warned them, from time to time, of attempts by their le-gislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to, their native justice and magnanimity, and we have conjured them by the tics of our com-mon kindred to disavow these usurpations, which would, inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, there-fore, acquiesce in the necessity which denounces our separation, and hold them as we hold the rest of mankind, enemies in war, in peace friends. We, therefore, the representatives of the United States of Ameri-ca, in general congress assembled; appealing to the Supreme Judge of the world, for the reetitude of our intentions, do, in the name and by the authority of the good ,people of these colonies, solemnly publish and declare, that these united colonies, are, and of right ought to be, free and independent States; that they are absolved from all allegiance to the British crown, and that all political con-nexion between them and the State of Great Britain, is and ought to be, totally dissolved ; and that as free and independent States, they have full power to levy war, conclude peace, contract allian-ces, establish commerce, and to do all other acts and things which independent States may of right do. And roi. the support of this declaration, with a firm reliance on the protection of Divine Pro-vidence, we mutually pledge to each other our lives, our fortunes, and our sacred honor. The foregoing declaration was, by order of congress, engross-ed, and signed by the following members : JOHN HANCOCK, NEW HAMPSHIRE. MASSACHUSETTS BAY. .Tosiah Bartlett, William IT'hipple, Matthew Thornton, Samuel Adams, John Adams, Wert Trent Paine, Petition for redress una-vailing, 84c. Appeal to the British peoplv, fru.t. less, &e. Decturatioo or Indepen-dence. The colonies absolve them selves front their allegi-ance, Ste. Mutual pledge of Ethridge Gerry. RRODE ISLAND, &C Stephen Hopkins, William Ellevy. CONNECTICUT. Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott. NEW YORK. William Floyd, Philip Livingston, Frauds Lewis, Lewis .3.1orris. NEW JERSEY. Richard Stockton, John Witherspoon, Francis-Hopkinson, John Hart, Araham Clark. rENiv SYLVANIA. Robert Norris, Benjamin. Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross. DELAWARE. Cesar Rodney, George Read, - Thomas OPICean. MARYLAND. Samuel Chase, William Paca, Thomas Stone, Charles Carroll, of Carrollton, VIRGINIA. George Wythe, Richard Henry Lee, Thome Jefferson, Benjamin Harrison, Thomas*.lrelson, jr. Frauds Lightfoot Lee, Carter Braxton. NORTII CAROLINA, William HodPer, Joseph Hewes, John Penn. SOUTII CAR0L1NA. Edward Rutledge, Thomas Heyward, jr. Thomas Lynch, jr. Arthur .11iddleton. GEORGIA. Button .Gwinnetty Lyman Hall, George Walton. THE CONSTITUTION OF THE UNT,U33 SUM WITH ALL THE RATIFED AMENDMENTS, AS AT PRESENT EXISTING. WE, the people of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquility, pro-vide fir the common' defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America, 4 CONSTITUTION OF THE 4 UNITED STATES. 5 Sec. 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist ca senate Congress and house of representatives. 3 Sect. Q. The house of representatives Shall be composed of House Wile-inembers .chosen every second year by the people of the several Presentatives States ; and the electors in each State shall have the qualifications requisite for electors of the most numerous brand' of the State legislature. No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabi-tant of that State in which he shall be chosen. RepresentakKes and direct taxes shall be apportioned among the several States which may be included within this union,' accord-ing to their respective numbers, which shall be determined by ad-ding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made- within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of re-presentatives shall not exceed one for every thirty thousand, but each State, shall have at least one representative ; and Until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four; Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Geor-gia three. When vacancies happen in the representation.from any State, the executive authority thereof shall issue writs of election to fill such vacancies. The house of representatives shall choose their speaker and other officers; and shall have the sole power of impeachment. Sect. 3. The Senate of the United States. shall be composed of two senators from each State, chosen by the legislature thereof; for six years r and each senator shall have one vote. (57) Immediately after they shall be assembled in consequence of the first election, they shall be divided, as equally as may be, into three classeii. The scats of the senators Of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the ex-piration of the sixth year, so that one third may be chosen every second year; and if' vacancies happen by resignation, or other-wise, during the recess of the legislature of any State, the execu-tive thereof may make temporary appointments until, the next. meeting of the legislature,. which shall then till such vacancies. No person shall be a senator who shall not have attained to the 1i age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. members 1 ARTICLE I. Legisiature. 4 members (25) .5 apportion mtnt. 6 vacancies. 7 Officers 8 ins. peachment 9 Senat::-. 10 CluSies CONSTITUTION OF THE 12 president The Vice president of the United States shall be president of the -senate, but shall have no vote, unless they be. equally divided. 13 other The senate shall choose their other officers, and also a'president officers pro tempore, in the absence of the vice president, or when he shall exercise the office of President of the United States. 14 trial of impeach- The senate shall have the sole power to try all impeachments. meas. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside ; and no person shall be convicted without the con-currence of two thirds of the members present. Judgment in cases of impeachment shall not extend further than 15 jugdruent to removal from office, and disqualification to hold and enjoy any office of honour, trust, or profit, Under the United States ; but the party convicted shall nevertheless be liable and subject to indict-ment, trial, judgment, and punishment,-according to law. 16 Sect. 4. The SEelencattioornss anodf senators and reptriemseens,t aptilvaeces,s , sahnadll mbea npnreesr-corfib heodl dinin ge aeclehc tSiotantse fboyr ltepresenta- the legislature thereof; but the Congress may at any time, by law, fives. make or alter such regulations, except as to the places of choosing (3) (9) senators. The Congress shall assemble at least once in every year, and Itteeting or such meeting shall be on the first Monday in December, unless congress. they shall by law appoint a different (lay. 18 Sect. 5. Each house shall be the judge of the elections, returns, of lac: and qualifications, of its own members ; and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorised to compel the attendance of absent members, in such manner, and under such penalties as each house may provide. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and with the concurrence of two-thirds, expel a member. 19 Each house shall keep a journal of its proceedings, and from journals time to time publish the same, excepting such parts as may, in 20 their judgment, require secrecy ; and the yeas and nays of the )'" and members of either house on any question, shall, at the desire of nays. one-fifth of those present, be entered on the journal. 21 Neither house, during the session or Co»gress, shall, without ,adjourn. the consent or the other, adjourn for move than three days, nor to molt. any other place, than that in which the two houses shall be sitting. 22 Sect. 6. The senators and representatives shall receive it COM-comPeo- pensation for their services, to be ascertained by law, and paid out 23bath)" of the treasury of the United States. They shall in all cases, ex-urivijeges, cept treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to or returning from the same ; and for any speech or debate in either house, they shall not be questioned in any other place. 24 Lx.,,on of No senator or representative shall, during the time for which omobers he was elected, be appointed to any,civil office under the authority PQM °MC'S' of the United States, which shall have been created, or the emolu- 25 ments whereof shall have been increased during such time ; and . 1),,qoa,utica. no person holding any office under the United States, shall he a if :ij ino:nber of either nousc during his continuance in °nice. UNITED STATES. 7 Sect. 7. All bills for raising. revenue shall originate in the Revel house of representatives ; but the senate may propose or concur Bills. with amendments as on other bills. Every bill, which shall have passed the house of representatives 'Nega2ti7v e of and the senate, shall, before it become a law, be presented to the the Presiden President of the United States. If he approve he shall sign it ; but if not, he shall return it, with his objections, to that house in which it shall have .originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such re-consideration, two-thirds of that house shall agree to pass the bill, it slutpll be sent, together with the objections' to the other house, by wiTich it shall likewise be reconsidered, and if approved by two-thirds of that house,- it shall become a law. But in all such cases, the votes of both houses shall.be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days, (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in .which case it shall not be a law. Every order, resolution, or vote, to which the concurrence of the senate and house of representatives may be necessary, (except on a question of adjournment) shall be presented to the President of the United States ; and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be re-passed by two-thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill. Sect. 8. The Congress shall have power TO lay and collect taxes, duties, imposts and excises : 28 To pay- the debts and provide for the common defence and gen- Pi,on4 wonegrsr e i9por f oral welfare -of the United States ; but all duties, imposts, and ex-cises, shall be uniform throughout the United States To borrow money on the credit of the United States To regulate commerce with foreign nations, and among the se-veral States, awl with the Indian tribes To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures To provide for the punishment of counterfeiting the securities and current coin, of the United States To establish post offices awl post roads To promote the progress of science and useful arts, by securing. for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries To constitute tribunals inferior to the supreme court To define and punish piracies and felonies committed on the high seas, and ofrences against the law of nations.: To delare war, grant letters of marque and reprisal, and make macs concerning captures on land and water : Scat of Gay. ernment. CONSTITUTION OF THE To raise and support armies ; but no appropriation of money to that use shall be for -a longer term than two years To provide and maintain a navy : To make .rules for the government and regulation of the land and naval forces TO peovide for calling forth the militia to execute the laws of the unien,'StippresS insurrections, and repel invasions To provide for orgatiWng, Mining, and disciplining the militia, and for governing skit Part of them as may be employed in the servieedf 'the United Statesreserving to the States.respectively, the appointment of ilid'offieers, and the authority of framing the militia-aecerdingth the discipline-prescribed by Congress : To exercise excluSive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of paetiCidah states; and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places purchased, by the consent of the legisla-ture Of the State in which tire same shall be, for the erection of forts, magazines, arsenals, dockyards; and ether needful bhildings: and, To make all laws which shall be necessary and proper for car-rying into exeaution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof. ;.3o Itestrictiors Sect. 9. The migration or importation of such persons as any On Congress. of the States, now existing, shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808, but a tax or duty Maybe' imposed on such importation, not exceeding ten 'dol-lars for each person. . . . The privilege of the writ of habeas corpus shall not be suspen-ded. unless when, in cases of rebellion or invasion, the public safety maY require it. No bill of attainder, or ex post facto law, shall be passed. No capitation, or other direct tax shall be laid, unless in pro-portion to the census or enumeration herein before directed to be taken. No tax or duty shall be laid on articles exported from any State. No preference shall be given by any regulation of com-merce or revenue to the ports of one State over those of another not shall vessels bound to, or from one State, be obliged te enter, clear, or pay duties in another. No motley shall be drawn from the treasury, but in consequence Vnulie of appropriations made by law : and a regular statement and ac-muney count of the receipts and expenditures of all public Money shall be published from time to time. No title of nobility shall be granted by the United States : and no person holding any office of profit or trust under them, shall, without the cement of Congress, accept Of any present, eniolu-ment, office or title of any kind whatever, from any king, prince, or foreign State. Sect. 10. No State shall enter into any treaty, alliance, or con-federition ; grant letters of marque and reprisal ; coin money un Inc Stale3 emit bills of credit ; make any thing but gold and silver coin a UNITED STATES. 9 tender In payment of debts ; pass any bill of attainder, ex pest facto NW, orlaw. impairing the obligation of contracts, or grant any title' of nobility. . No state shall, without the consent of the Congress, lay any im. posts InAuties oil' imports or exports, except what may be ASO-lately' necessary for executing its inspection laws ; and the nett preduae of alkluties.and impoSts, laid by any State on imports or exports, shall be for the use of the treasury of the United States and all such laws shall be subject to the revision and contrOl of the Congress. No State shall, 'without the consent of Congress,. lay any duty of tonnage, keep troops or ships of .war in time of peace,'enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as Will not admit of delay. ARTICLE II. 33 Executive Sect. I. The executive power shall be vested in a President of p .14 . the' United States of *Anierica. ' He shall hold his office during the virce:luveirietait! term of four. years, and, together with the Vice President, chosen dent. for the same term, be elected as follows : 35 Each State shall appoint, in such manner. as the legislature Electors. thereof 'may direct, a number of electors equal to the whole mita-iier of senators and representatives to which the State may be en-titled in the Congress ; but no senator or representative, or per-son holding an office of trust or profit under the United States, I shall be-appointed an elector. persons, of.whom one at least shall not be an inhabitant of the,same State with them- (The electors shall meet in their respective States, and vote by ballot for two selves. And they shall make a list of all the persons voted for, and of the num-ber of votes for each; which list they shall sign and certify, and transmit sealed to This pars-the Seat of the government Of the United States, directed to the president of the graph has senate. The president of the senate shall, in the presenoe of the senate and been annul. hotthe of representatives, open all the certificates, and the votes shall then be led and slip. counted. The person having the greatest number of votes shall be the president, plied (74] if such number be a majority of the whole number of electors appointed ; and if there be more than one who have such majority, and have an equal number of votes, then the house of representatives shall immediately choose, by ballot, one of them for president ; and.if no person have a majority, then from the five highest on the .list, the said house shall, in like manner, choose the president. But in choosing the president, the votes shall be taken by States, the representation from I each State. having one vote. A quorum for this purpose shall consist of a member or members from me thirds of the States, and a majority oral! the States shall be ne-cpsary to a choice. In every case, after the choice of the president, the person having the greatest number of votes of the electors shall be the vice president. But if there should. remain two or more who have equal votes, the senate shalt cboose.from them, by ballot, the-vice president.] 36 The Ceogress, may determine the time of choosing the electors, EClehcotoosrisn g 11 and the day on which, they. shall give their votes ; which day shall and their i'l eligible to that office, who shall not have attained to the age of thirty. five years, and been fourteen years a resident within the be. the same throughout the United Rtates. United States at the time of the adoption of this constitution, shall be eligible to the office of president; neither shall any- person be ssari:c a Unitod States. N BO person,except a natural born citizen, or a citizen of the qualifications Preside,' t's d cteit;t .1 (17e57 voting. 37 i /?. :i i i ; A In CONSTITUTION OF THE 33 In case of the removal of the president from office, or of his Vacancy. death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the vice president ; and the Congress may by law. provide for the case of removal, death, resignation, or inability, both of the president and vice pre-sident, declaring what officer shall then act as .president, and such officer shall act accordingly, until the disability be removed, or a president shall be elected. . Tile president shall, at stated times, receive for his services a S9 Compen- compensation, which shall neither be increased nor diminished dur-same. lug the period for which .11e, shall have been elected, and he shall not receive within that period any other emolument from the Unit-ed States, or any of them.. - Before he enters on the execution_ of his office, be shall take the following oath or affirmation 4.0 6' I do solemnly swear (or affirm) that I will faithfully execute chub. " the office of President of the United States, and will to the best " of my ability, preserve, protect, and defend the Constitution' of " the United States." 41 Sect. The president shall be commander in chief of the army " Powers' and navy of the United States, and of the militia of the several States, when called into the actual service of the United States ; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to I lie duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the senate, to make treaties, provided two-thirds of the seeators pre-sent concur : and he shall nominate, and by and with the advice and.consent of the senate, shall appoint ambassadors, other public ministers, and consuls, judges of the supreme court, and all Other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may by law vest the appointment of such infe-rior officers as they think proper in the president alone, in the courts of law. or in the heads of departments. The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions, which shall expire at the end of their next session. Sect. 3. He shall, from time to time, give to the Congress in-formation of the state of the union, and recommend to their con-sideration such measures as he shall judge necessary and expedi-ent ; he may, on extraordinary occasions, convene both houses, or either of' them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper ; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faith-fully executed ; and shall commission all the officers of the United States. Sect. 4. The president, vice president, and all civil officers of I iic'tch' the United States, shall be removed from office on impeachment n ems. fiir, and conviction of' teeason, bribery, or other high crimes and thisdnmeniows. a a UNITED STATES. ARTICLE ult. Sect. 1. The judicial power of the, United States shall be vest-. ed in one supreme court, and in such inferior courts as the Congress may, from time to time, ordain and establish.. The Judges, both of the supreme and inferior courts, shall hold their, offices during good behaviour ; and shall, at stated times, receive fortheir services a:compensation, which shall not be diminished, during their continuance itt, office. Sect. 2. The judicial power shall Wend to all cases in taw and: equity, arising under this constitution, the laws of the United States; and treaties made, or which shall be made under their authority ; to all cases affecting ambassadors, other public ministers and con-suls ; to all cases of admiralty and marathne jurisdiction ; to controversies to which the United States shall be a party;. to con-troversies between two or more States, between a State and chi-. zens of another State, between. citizens of different States, between citizens of the same State, claiming lands under grants of different States, and between a State,. or the citizens thereof, and foreign. States, citizens, or subjects. In all cases affectiOg ambassadors, other public ministers and consuls, and those in which a State shall be party, the supreme court shall have original jurisdiction. In all the other cases be-fore mentioned, the supreme court shall have appellate jurisdic-tion, both as to law and fact,, with such exceptions, and under such regulations as the Congress shall make. 48 The trial of all crimes, except in cases of impeachment, shall be Jury trial. by jury ; and such trial shall be held in the State where the said (67, 68, 69.) crimes sbaH have been committed ; but when not committed with-in any State, the trial shall be at such place or places as the Con-, gross may by law have directed. 49 Sect. .3. Treason against the United States shall consist only in Treason levying War against them., or in adhering to their enemies, giving them aid and comfort. No person shall be convicted, of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. The Congress shall have power to declare the punishment of treason ; but no attainder of treason shall work corruption of blood,. or forfeiture, except during the life of the person.attainted.. ARTICLE IV. 50 - Credit Sec. 1. Full' faith and credit shall be given in each.Stote to the States tob ypub. public acts, records, and judicial proceedings of every other state. IIC acts of each.. And the Congress may, by general laws, prescribe the manner in other which such acts, records and proceedings shall be proved, and the effect thereof. 51 Sect. 2. The citizens of each State shall be entitled to all Citizenship. vileges and immunities of citizens in the several States. A person charged in any State with treason, felony, or other 5`2 crime, who shall lice, from justice, and be found in another State, .from justi Vugitiv..a shall, on demand of the executive authority of the State from which he lied, be delivered up, to he removed to the. State having jurisdiction of the crime. 43 Judiciary. 44 Courts. 45 Judges. 46 3 tivisrlIC tioh. (73) 47 Original St appellate. CONSTITUTION OF THE No person held to service or labour in one State, tinder the laws thereat, escaping into another, shall, in consegnence of any law or'regulatien therein, be, discharged freinrauch 'service or labour; but shalt he 'delivered up, on claim of the party to.Wliont such .ser.1 vice or labour may be due. New:States maybe admitted 14 the Ceingress into this Unton ; ',but 'no new State shall be formed 'Or erected within the jurisdiction of any other State, nor any State be 'formed by the junction of two or more States, or parts of States, witheut the con-sent of the legislatures of the States concerned, as well as of the Congress. The Congress shall have power to dispose &And make all need-ful rules and regulations respecting, the territory or 'other property belonging to the United States ; and nothing in this constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. . Sea. 4. The United States Shall guarantee' to every State in this Union a republican form of government, and' shall protect each Of them against invasion ; and on "application of the legislature, or of the executive (when the legislature cannot be coaVeneil) against domestic violence. ARTICLE V. 57 The Congress, whenever two-thirds of bah honks shall deem Amen.nr ents it necessary, shall propose amendments to this constitution ; or, on the application of the legislatures of two-thirds of 'the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and -Purposes, as part of this constitution, when ratified by the legislatures of tliree4ourths of the several States, or by. conventions in three-fourths thereof; as the one or the other mode of ratification May be proposed by the Congress : Provided, that no amendment which may be Made prior to the year 1808, shall in any Manner affect the first and fourth clauses in the ninth section of the first article ; and that no State, (9) without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE TI. 5S All debts contracted and engagements entered into, before the Prior debts. adoption of this constitution, shall be as valid against the United 59 States under this constitution as under the confederation. Supreme law This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made,' under the authority of the United States, shall be the supreme law of the land : and the judges in every State shall be bound thereby, any thing in the constitution or laws of any State to the contrary notwithstanding. The senators awl representatives before mentioned, and the 60 Oath °fail" members of the several State legislatures, and all executive and judicial'ollicers. both of the United States and of the several States, shall be bound by aath or affirmation, to support this constitution 61 raigi0119 but no religious test shall ever be required OA a qualification to any (Once or public trust under the United States. from labour. 54 New States. 55 Territories. 55 Cuyantee orRepubli-can govern. ment, ARTICT.E VII. .62 ti10: i'atiacatiOli of the conVeiftion4 of nine States shill he still- Ratification dent: fer the establishment of this tOnStitiitidn'ket eeiiihe .States so ktiQing the Sanie. Done in convention, by the unanirhous consent of thp States..prer sent, the 17th day of Septemher, in the year of our Lord 1787,, aml of the independence of the United States'ef 'Atne-riea, the twelfth. In witness whereof, we have hereunto .sulf-scribed our names. GEORGE WASHINGTON, President, And ,ileptity. from Virginia. NEW HAMPSHIRE. John Langdon, Nicholas Gilman. mAssAcntisETTS. . .1V,Ilthanzel Gorham, Byus king. CONNECTICUT. William Samuel Johnson, Roger Sherman. NEW YORK. Alexander Hamilton. NEW JERSEY. Livingston, 'Ora& Brearly, Patterson, Jonathan Dayton. PENNSYLVANIA. Benjamin Franklin, Thomas .7tlijiin, Robert Morris, George:Clympr, Thathas Fitzsimons, .Tared bigersoll, .Tames Wilson, Gouverneur Morris. Attest. 'WILT.X.tM JACKSoIrj Secretary. UNITED STATES,. 13 DELAwAne. George Read, Gunning Bedford, jun. John Dickinson,, Richard Bassett, Jaiob Broom.. MARYLAND. James APHenry, Daniel of St. Thomas Jenifer. Daniel Carroll. VIRGINIA. John Blair. James JIRalison, jun), NORTH CAROLINA. William Blount,' Richard Dobbs Spaight, Hugh Williainson. EQUYII CAROLINA. John Rutledge, Charles Coateiworth Pindatcy, Charles Pinckney, Pierce Butler. GEORGIA. William Few. librahain Baldwin. 14 AMENDMENTS TO THE CONSTITUTION OF THE ARTICLE I. 63 CoNGRESS shallmake no law respecting an establishment of re-bReetltiyg. i ous 1- ligion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redres§ of gridvanceS. ARTICLE 64 A well regulated militia being necessary to the security of a free Militia. State, the right of the people to keep and bear arms shall not be infringed. ARTICLE In. 65 Quartering soldiers. No soldier shall, in time of peace, be quartered in any house without the consent of the owner ; nor in time of war, but in a manner to be prescribed by law. ARTICLE IV. 66 Warrants of The right of the people to be secure in their persons, houses, search or ar papers, and effects, against unreasonable searches and seizures, rest, shall not be violated ; and no warrants shall issue, but upon pro-bable cause, supported by oath or affirmation, add particularly des-cribing the place to be searched, and the persons or things to be seized. ARTICLE V. privi6l7e g of No person shall be held to answer for a capital or otherwise in-accused. famous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb ; nor shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use without just compensation. ARTICLE VI. 68 In all criminal prosecutions, the accused shall enjoy the right Rights of ac-cused- to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which dis-trict shall have been previously ascertained by law, and to be in-formed of the nature and cause of the accusation ; to be confront-ed with the witnesses against him ; to have compulsory process for obtaining witnesses in his favour; and to have the assistance of counsel for his defence. ARTICLE VII. 69 il suits. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the com-mon law. ARTICLE TIM Excessive bail shall not be required, nor excessive fines imposed. ,,hmcn.,3. nor crtiel and unusual plinkhinents inflicted. UNITED STATES. 15 ARTICLE IX. 71 The enumeration in the constitution, of certain rights, shall net tamed. Rt re. be construed to deny or disparage others retained by the people. 72 - ARTICLE X. Reserved The powerknotdelegated to the United States by the constitu- powers. tion, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ARTICLE xi. 73 The judicial power of the United States shall not he construed ate not su. to extend to any suit in law or equity, commenced or prosecuted against one or the United States by citizens of another State, or by citizens or subjects of any foreign State. ARTICLE XII. 74 . The electors shall meet in their respective States,, and vote by Election of ballot for president and vice president, one of whom, at least, shall President tx. not be an inhabitant of the same State with themselves; they,shall v.P resident. name in their ballots the person voted for as president, and in dis-tinct ballots the person voted for as vice president; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice president, and of the number of' votes for each, which lists they shall sign and certify, and transmit sealed to the scat of the government of the United States, directed to the president of' the senate ; the president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted : the person hav-ing the greatest number of votes for president, shall be the presi-dent, if such number be a majority of the whole number of elec-tors appointed; and if' no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. But in choos-ing the president, the votes shall be taken by States, the represen-tation from each state having one vote; .a quorum fot this pur-pose shall consist of a member or members from two thirds of the States, and a majority of all the States shall be necessary to a choice. And if the house, of representatives shall not choose a president whenever the right of choice shall devolve upon them be-fore the 'Wirth day of March next following, then the vice presi-dent shall act as president, as in the case of the death or other constitutional disability of the president. The person having the greatest number of votes as vice presi-dent, shall be the vice president, if such number be a majority of the whole number of electors appointed ; and if no person .have a ma-jority, then from the two highest numbers on the list, the senate shall choose the Aim president : a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of presi-(.1 07.5 dent, shall be eligible to that of vice president of the United Stateost.u v.174.15°4. THROUGH divine goodness, all men have by nature, the rights of worshipping and serving their Creator according to the dictates Of their Consciences, of enjoying and defending life and liberty, of acquiring and protecting reputation and property, and in general of attaining objects suitable to their condition, without injury by one to another;, and as these rights are essential to their welfare, for the due exercise thereof, power is inherent in them; and there-fore all just authority, in the institutions ofpolitical society is de-rived from the people, and established with their consent, to ad-vance their happiness: and they may for this end, as circumstances require, from time to time alter their:constitution of Government. Reserved ARTICLE I. rights. (20) Section 1. Although it is the duty of all men frequently to 3 assemble together for the public worship of the Author of The Retlitgyi.ous Li. universe; and piety and morality, on which the prosperity of communities depends, are thereby promoted; yet no man shall or ought to be compelled to attend any religious worship, to con-tribute to thetrection or support of any place of worship, or to the maintenance of any ministry, against his own free will and con-sent.; and' no power shall or ought to be vested in or assumed by any magistrate' that shall in any case interfere with, or in any manner control the rights of conscience, in the free exercise of religious worship, nor a preference given by law to any religious societies, denominations, or modes of worship. Sect. 2. No religious test shall be required as a qualification 4 to any office, or public trust, under this State. Elections. Sect. 3. All elections shall be free and equal. Jury trial. St!Ct. 4. Trial by jury shall be as heretofore. 6 Sect. 5. The press shall be free to every citizen, who under- The press. takes to examine the official conduct of men acting in a public capacity ; and any citizen may print on any subject, being respon-sible for the abuse of that liberty. In prosecutions for publica-tions, investigating the proceedings of officers, or where the mat-ter published is proper for public information, the truth thereof may be given in 'evidence : and in all indictments for libels the jury may determine the facts and the law, as in other cases. 7 Sect. 6. The people shall be secure in their persons, house, Wm rants of papers, and possessions, from unreasonable searches and seizures; search and no warrant to search any place, or to seize any person or '""t things; shall issue without describing them as particularly as may be ; nor then, unless there be probable cause supported by oath, of. affi mat . 6 THE OOLIZZIMUEON OF TIIE State of Delaware. WE, PHE PEOPLE, PEREBY ORDAIN AND ESTABLISH THIS CONSTI',. TUTION OF GOVERNMENT FOR THE STATE OF DELAWARE. 1 'Essential ights. 2 political power. 'STATE OF DELAWARE. 17 Sect. 7. In all criminal prosecutions, the accused hath a right ,z. ss to be heard by himself and his counsel, to be plainly and fully in- 41,:eLti " ac" formed of the nature and cause of the accusation against Win, to meet the witnesses in their examination face to face, to have com-pulsory process in due time, on application by himself, his friends or counsel, for obtaining witnesses in his favor, and a speedy and public trial by an impartial jury : he shall not he compelled to give evidence. against himself nor shall be deprived of life, liber-ty, or property, unless by the judgment of his peers or the law of the land. Sect. 8-, No person shall for any indictable offence be pro-ceeded against criminally by information, except in cases arising in the land or naval forees, or in the militia when in actual service in time of -war or public danger : and no person shall be for the same offence twice put in jeopardy of life or limb ; nor shall any man's property be taken or 'applied to public use without the cow- S.ent of his representatives, and without compensation being Made. 9 Sect. 9. All courts shall be open ; and eery man for an in- A.1ministra- 4ury done him in his reputation, person, moveable or immoveable tam ufjustiuu possessions, shall have remedy by the duo course of law, and jtis.L tico administered according to-the very right of the cause, and the law of the land, without sale, ijenial, or unreasonable delay or ex-pense ; and every action shall be tried in the county in which it shall be commenced, unless When the judges of the court in which the cause is to be tried, shall determine that an impartial trial iherefore cannot be had in that county. Suits may be brought Suits aping against the State, according to such regulations as shall be made the stale by law. Sect. 1.0. No power of suspending laws shall be exercised, but somiln, by authority of the Legislature. laws. Sect. 11. Excessive bail shall not be required, nor excessive II Bair, .fines imposed, nor cruel punishments inflicted : and in the con- Punishments Strqction of gaols, a proper regard shall be had to the healtk of n.a.i,. prisoners. la Sec. 12. All prisoners shall be bailable by sufficient sureties, Pri.vileges Di; unless for capital offences when the proof is positive or the pre- prtsauets. smnption great ; and when persons are confined on accusation ler such offences, their friends and counsel may at proper seasons have access to them. Sect. 13. The privilege of the writ of Habeas Corpus shall not Habeas Coy, be suspended, unless when in cases of rebellion or invasion, the P"' public safety may require it. ' Sect; 14. No t ommission.of oyer and terminer or gaol dolly- cyer tx Ter cry, shall be issued. Sect. 15. No attainder shall work corruption_ of blood, nor ex- 15. cept during the life Of the offender, forfeiture of estate. ' The .,Autitettler,i estates of those who destroy their own lives shall descend or vest dd. c as in case of natural death and if any person he killed by accident, no forfeiture shall be thereby incurred: Sect. 16. Although disobedience to laws by a part of the peo-ple, upon suggestions of impolicy or injustice in them, tends by Itilti;t1:it. 10 1" ittimediate effect and the influence of example, not only to mien- CONSTITUTION OF THE gel' the public welfare and safety, but also in governments of' a re-publican form, contravenes the social principles of such govern-ments founded on common consent for common good ; yet the ci-tizens have a right in an orderly manner to meet together, and to apply to persons intrusted with the powers of government, for re-dress of grievances or other proper purposes, by petition, remon-strance, or address. Sea. 17. No standing army shall be kept up without the con-sent of the Legislature : and the military shall, in all cases and at all times, be in strict subordination to the civil power. Sect. 18. No soldier shall in time of peace he quartered in any house without, the consent of' the owner; nor in time of .war,, but by a civil magistrate, in a manner to, be, prescribed by law. Sect. 19. No hereditary distinction shall be granted, nor any office created or exercised, the appointment to which shall be for it longer term than during good behaviour ; and no person holding any office under this State, shall accept of any office or title of any kind whatever, frmn any King, Prince, or foreign State. WE DECLARE THAT EVERY THING IN THIS ARTICLE IS RESERVED OUT OF THE GENERAL POWERS OF GOVERNMENT HEREIN-AFTER MENTIONED, 17 Military IS ()loitering soldiers 19 Titles and offices 20 Reservation Legis2la1t ure ARTICLE II. 22 Sect. 1. The legislative power of this State shall be Tested in sGeemnberlyal As. a General Assembly, which shall cthisist of a Senate and House of Representatives. 23 Sect. 2. The -Representatives shall be chosen 'annually by the neprosenta citizens residing in the several counties respectively, on the first lives Tuesday of' October. No person shall be it representative who shall not have attain-tO tile age of twenty-four years, and have a freehold in the court- (SS) ty in which he shall be chosen, have been a citizen and inhabitant of the State three years next preceding the first meeting of the Legislature after his election, and the last year of that term an in-habitant of the county in which he shall be chosen, unless he shall have been absent on the public business of the United States or of this State. 25 There shall be seven Representatives chosen in each county, un-number til a greater number of Representatives shall by the General Assembly be judged necessary ; and then, two thirds of each branch uf the Legislature concurring, they may by law make pro-vision for increasing their number. 26 Sonatina Sect, 3. The Senators shall be chosen for three years by the citizens residing ill the several counties respectively, having right to vote for Representatives, at the same tune when they shall vote for Representatives, in the same manner, mid at the same places. tr7 quolilica No person shall be a Senator who shall not have attained to the lioUS 08) , age of twenty-seven years, and have in the county in which hd shall be chosen, a freehold estate in two hundred acres of land, or an estate in real and *personal property, or in either, Of the value a one thonsand pounds at least, and have been a citizen and in- STATE OF DELAWARE. habitant of the State three years next preceding the first meeting-of the Legislature after his election, and the last year of that terni an inhabitant ofthe County in which he shall be -chosen, unless he shafFhave been absent on the Public business of the United States or of this State. ThereShalt be three' Senators chosen in each county.' When a numbers greater number of Senators shall by the General Assembly be judg-ed necessary, two thirds of each branch concurridg, they may by law make provision for increasing their number ; but the. number of Senators shall never be greater than one half, nor less than one third of the number of Representatives. 29 Immediately after the Senators shall be assembled in conse-' classes quence of the first election, the Senators residing in each county shall be divided by lot into three classes. The scats of the. Sena-tors Of the first class shall be vacated at the expiration of the first' year ; of the second class at the expiration of the second year and of the third class at the expiration of the third year ; so that one third may be chosen every year. 30 Sect. 4. The General Assembly shall meet on the first Tuesday Annual meet-of January in every year, unless sooner convened by the Governor. ing Sect. 5. Each House shall choose its Speaker and other officers ; 31 and also each House, whose Speaker shall exercise the office of Go- 0FInnieeleirsliouse., vernor, may choose a Speaker pro tempore. Sect. G. Each House shall judge of the elections, returns, and 32 qualifications of its own members ; and a majority of each shall Pme" constitute a quorum to do business; but a smaller number may ad- quorum journ from day to day, and shall be authorized to compel the at-tendance of absent members, in such manner, and under such pen-alties, as shall be deemed expedient. 33 nghi Sect. 7. Each House may determine the rules of its proceedinges, punis punish any of its members for disorderly behavior, and with the concurrence of two thirds, expel a member, and shall have all other powers necessary for a branch of the Legislature of a free and in-dependent State. 34 Sect. 8. Each House shall keep a journal of its proceedings, imirm" and publish them immediately after every session, except such parts as may require secrecy ; and the yeas and nays of the mem-bers on any. question shall, at the desire of any member, be enter, ed on the journal. Sect 9. The doors of each House, and of committees of the open doom whole, shall be open, unless when the business is such as ought to be kept secret.. 36 Sect. 10. Neither House shall, without the consent of the other, adjournment adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. Sect, 11, The Senators and Representatives shall receive a com-pensation for their services, to be ascertained by law, and paid out viloges P0- of the treasury of the State ; but, no law varying the compensation shall take effect, till an election of Representatives shall have in-tervened. They shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attend-ance at the session of then respective Houses, and in going to and as Ext.! usion uf inPmbers I om ollice9. Disquelifica-t ions to ho members, 39 Vacant:103 40 Revenue Inns .11 money 42 Executive, 13 Governor 11 *direr 45 eleenou I CLOVIS CONSTITUTION OF THE returning from the same; and for any §peech or debate in eine? House they shall not be questioned in any other place.- Sect. 12. No Senator or Representative shall, during the time for which he shall have been elected, be appointed to anycivil -of-lice under this State, which shall have been created, or the emolu-ments of which shall have been increased during such time. No person concerned in any army or navy contract, no member of congress, nor any person holding _any office under this State or the United States,, except the Attorney General, officers usually appointed by the courts of justice respectively, attornies at law and officers in the militia, holding no disqualifying office, shall during his continuance in Congress or in office be a Senator or Re-presentative. Sect. 15. When vacancies happen in either House, writs of elec-tion shall be issued by the Speakers respectively, or in cases of ne-cessity, in such other manner as shall_be provided for bylaw.; and the persons thereupon chosen shall hold their seats as long as those in whose stead they are elteted might have done, noel( vacancies had not happened. Sect. 14. All bills for raising revenue shall' originate in the House of Representatives; but, the Senate may propose alterations as on other bills ; and no bill, from the operation of which when passed into a law revenue may incidentally arise, shall be account-ed a bill flu' raising revenue ; nor shall any matter or clause what-ever, not immediately relating to amid necessary for raising revenue, be in any manner blended with or annexed to a bill for raising re-venue. Sect. 15. No money shall, be. drawn from the treasury, but in consequence of appropriations made by law ; and a regular state-ment and account of the receipts and expenditures of all public mo-ney shall be published annually. ARTIVIX Sect. 1. The supreme executive powers of the State shall be vested in a Governor. Sect. 2. The Governor shall be chosen on the first Tuesday of October. by the citizens of the State having a right to vote for Re-presentatives. in the counties where they respectively reside, at the places where they shall vote fin. Representatiites. The returns or every election for Governor shall be sealed up, anti immediately delivered by the returning officers of the several counties, to the Speaker of' the Senate, or in case of his death, to the Speaker of the House of Representatives, who shall keep the same until a Speaker of the Senate shall be appointed, to. whom they shall be immediately delivered after his appointment, who shall open amid publish the same in the presence of the members of both. Houses of tlw Legislature. Duplicates of the said returns shall al-so be immediately lodged with the Prothonotary of each county.. The person having the highest nomber of votes shall be Governor: but, if' two or move shall be equal in the highest number of votes, the members of the two Houses skill, by joint ballot,chops° one of '..woommEnifiliollbossin STATE OF DELAWARE.: them to he Governor; and if, upon such ballot, two or more of them shall still be equal and highest in votes, the Speaker of the Senate shall have an additional casting vote. Coqtested elections.of a Governor shall be determined by a joint teel:tcet°11 "11. committee, consisting of one third of all the members of each branch of the Legislature; to.be selected by ballot of the Houses re-spectively every person of the committee shall take an oath or affirmation, that in determining the said election, he will faithfully discharge the trust -reposed in him ; and the committee shall al-ways sit- with open-doors. Sect. 8: The Governor shall hold his office during three years tenure of froin the third Tuesday of January next ensuing his election ; and °fliee shall not be capable of holding it longer than three in any term of six years. ,Sect. 4. lie shall be at least thirty years of age, and have been qtiloiani !flea-a citizen and inhabitant of the United States twelve years next be-fore the first meeting of the Legislature.after his election, and the last six of that term an inhabitant of this State, unless he shall have been absent on the public business of the United States or or this State. Sect. 5. No member of Congress, nor person holding any office under the United States or this State, shall exercise the office of w Governor services an adequate sainey to be fixed by law, which shall be Sect. 6. The Governor shall, at stated times, receive for his compettsZt. neither increased nor dintinished during the period for which he 61 shall have been elected. Sect. 7. He shall be Commander in Chief of the army and navy einarcujIni:fild" of this State, and of the militia ; except when they shall be called nto the-service of the United States. 52 Sect. 8. He shall appoint all officers whose offices are establish- aP"int. ed by this constitution, or shall be established by law, and whose ouircts t° appointments are not herein otherwise provided for; but no person shall be appointed to an office within a county, who shall not have a right to vote for Representatives, and have been an inhabitant therein one year next before his appointment, nor hold the office longer than he continues to reside in the county. No member of 5:1 Congress. nor any'pemon holding or exercising any office under inc.omPotiblo the United States, shall at the same time hold or exercise the of- "tees lice of Judge, Treasurer, Attorney General, secretary, Clerk of the Supreme Court, Prothonotary, Register for the probate of wills and granting letters of administration, Recorder, Sheriff, or any office under this State, with a salary by law annexed to it, or any other office which the Legislature shall declare incompatible with offices or appointments under the United States. No person shall hold MOM than one of the following offices at the same time, to wit, Treasurer, Attorney General, Clerk of the Supreme Court, Pro-thonotary, Register, or Sheriff. All commissions shall be in the c"1"1..". name of the State, shall be sealed with the great seal, and be sign. ed and tested by the Governor. Sect. 9. He shall have power to remit fines and forfeitures ; and - to grant reprieves and pardons, except in cases of impeachment. Pav"" 21 CONSTITUTION OF, THY', information Sect. 10. He may require information in writing from the ofli- CM'S in the executive department, upon any subject relating to the 67 duties of their respective offices. Communica- Sect. 11. He shall from time to time give to the General Assem-eons to gen-eral assembly bly informatiou. of affairs concerning the State and recommend to their consideration such measures as he shall judge expedient. 68 Sect. 12. He may on extraordinary occasions convene the Gen-conven. ing era! Assembly; and in case of disagreement between the two Houses :Idiom-run General Ags with respect to the time of adjournment, adjourn them to such time vmbly as he shall think proper, not exceeding three months. Sect. 18. lie shall take care that the laws be faithfully executed. 59 Sect. 14. On the death or resignation of the Governor, or his varaney removal from office on impeachment, or for inability, the Speaker of the Senate at that time shall exercise the office of Governor, un-til a new Governor shall be duly qualified ; and on the death or resignation of the Speaker of the Senate, the Speaker of-the House of Representatives at that time shall exercise the office, until it be regularly vested in a new Governor. If the trial of a contested election shall continue longer than until the third Tuesday of Jan-uary next ensuing the election of a Governor, the Governor of the last year, or the Speaker of the Senate, or of the House of Repre-sentatives, who may then be in the exercise of the executive authori-ty, shall continue therein until a determination of such contested election. The Governor shall not be removed from his office for inability, but with the concurrence of two thirds of all the mem- GO hers of each branch of the Legislature. Secretary of Sect. 15. A Secretary shall be appointed and commissioned State during the Governor's continuance in office, if he shall so long be-have himself well. He shall keep a fair register of all the official acts and proceedings of the Governor, and shall when required by either branch of the Legislature, lay the same, and all papers, minutes, and vouchers, relative thereto, before them, and shall perform such other duties as shall be enjoined him by law. He shall have a compensation for his services to be fixed by law. Elections ARTICLE IV. 62 Sect. 1. All elections of Governor, Senators, and Representa-voters fives; shall be by ballot, and in such elections every white free mau of the age of twenty one-years, having resided in the State two years next before the election, and within that time paid a State or county tax, which shall have been assessed at least six months WI fore the election, shall enjoy the right of an elector ; and the sons of' persons so qualified, shall between the ages of twenty-one and twenty:two years, be entitled to vote, although they shall not have paid taxes. 11r.LLileges Sect. 2. Electors shall in all cases except treason, felony or breach of the peace, be privileged from arrest during their atten-dance at elections, and in going to and returning from them. ARTICLE V. Impeach-ments Sect. 1. The, house of Representatives shall have the sole power of impeaching : but two thirds of all the members must concur in STATE OF DELAWRE. ' an impeachment. All impeachments shall be tried by the Senate; and when sitting for that purpose, the Senators shall be upon oath or affirmation to do justice according to the evidence. No person shall be convicted without the concurrence of two thirds of all the Senators. Sect. g. The Governor, and all other civil officers under this State, shall be liable to impeachment for treason, bribery, or any high .crime or. misdemeanor in office. Judgment in such cases shall not extend further than to removal from office, and disqualifi-cation to hold any office of honor, trua or profit under this State ; but the party convicted shall nevertheless be subject to indict-ment, trial, judgment and punishment according to law. Treagort Sect. 3. Treason against this State shall consist only in levying war against it, or in adhering to the enemies of the government, giving them aid and comfort. No person shall be convicted of treason, .unless on the testimony of two witnesses te the same overt act, or on confession in open court. Sect. 1. The jndicial power of this State shall be vested in a Courts Court of Chancery, a Supreme Court, and Courts of Oyer and Ter., (73' 79) miner and General Gaol Delivery, in a Court of Common Pleas, and in an Orphans Court, Register's Court, and a Court of Quarter Sessions of the Peace for each county, in Justices of the Peace, and in such other courts as the Legislature, two thirds of all the mem-bers of each branch concurring, may from time to time establish. GG Sect. Q. The Chancellor, and the Judges of the Supreme Court Tenure of of and of the Court of Common Pleas, shall hold their offices during lice of the good behavior ; but for any reasonable cause which shall not be luhdiTecror & a sufficient ground for an impeachment, the Governor may in his 6 discretion remove any of them, on the address of two thirds of all the members of each branch of the Legislature. 'They shall, at sta-ted times, receive, for their services adequate salaries, to be fixed by law, which shall not be diminished during their continuance in office, and shall be payable quarterly to their respective orders up-on the Treasurer, out of any moneys in the treasury ; but they shall hold no other office of profit, nor receive any fees or perqui-sites, except such fees as shall he fixed by law for business to be done out of court. 6.7 Suprem Sect.. 8. The Judges of the Supreme Court shall be not fewer c° than three nor more than four, one of whom shall be Chief Justice. There shall be a Judge residing in each county. The jurisdiction 0 of this courkshall extend over the State. The Judges shall; by TerrenTedr virtue of their offices, be justices of Oyer and Terminer and Gene-ral Gaol Delivery in the several counties. Any two of the Judges may .act as if all were present. GS Sept. 4. TheJ udges of the Court of Common Pleas, shall be not Court of fewer than three, net mere than four, one of whom shall be Chief nenasmon Justice. There shall be a Judge residing in each county. The ju-risdiction of this court shall extend over the State. Any two of the Judges may act as if all were present. Sect. 5. The Chancellor, or any Judge of the Supreme Court, or ARTICLE VI. Judiciary 924 119 11ahetts Cor. It", Acknow. ledginotit Ct. deeds 71 A/nem-ling peadigs 72 Depo.itions 73 Suits 7.1 One jutlg,e 75 hloneY Into eoutt Suits survive (Joint se - 'ions. 1) CONSTITUTION OF THE of the Court of Common Pleas, shall issue the writ of Habeas emus in vacation time and out of term, when duly applied for, which shall be immediately obeyed. Sect. 6. Any Judge of the Supreme Court or of the Court of Com-mon Pleas may, unless the Legislature shall otherwise provide by out of court, take the acknowledgment of deeds and the same being thereon certified, under his hand, such deeds dial) be record-ed and have the same effect as if acknowledged in open court. Sect. 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, amend-ments in pleadings and legal proceedings, so that by error in any of them, the determination of causes, according to their real mer-its, shall not be hindered ; and-also of directing the examination of witnesses that are aged, very infirm, or going out of the State, up-on interrogatories de belie esse, to be read in evidence, in case of the death or departure of the witnesses before the trial, or inabili-ty by reason of age sickness, bodily infirmity, or imprisonment, then to attend ; and also the power of obtaining evidence from pla-ces not within the State. Sect. 8. Suits may originate in the Supreme Court or Court of Common Picas. Sect. 9. One Judge of the Supreme Court or of time Court of Com-mon Picas may, if the other Judges come not, open and adjourn the count, and may also make the necessary rules preparatory re-spectively to the trial or argument of causes. Sect. 10. At any time pending an action for debt or damages, the defendant may bring into court a sum of money for discharg-ing the same and the costs then accrued, and the plaintiff not ac-cepting thereof, it shall be delivered for his use to the Clerk or Pros thonotary of the court; and if, upon the final decision of the cause, the plaintiff shall not recover a greater stun than that so paid into court for him, he shall not recover any costs accruing after such payment, except where the plaintiff is au executor or administra-tor. Sect. 11. By the death of any party, no snit in chancery or at law, where the cause of action survives, shall abate, but, until the Legislature shall otherwise provide, suggestion of' such death be-ing entered of record, the executor or administrator of a deceased petitioner or plaintiff' may prosecute the said suit ; and if a respon-dent or defendant dies, the executor or administrator being duly served with a Seim 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' eases, 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 or a deceased respondent or defendant becomes a party, the court, upon 'notion, shall grant such a continuance of the cause as to the judges shall appear pro-per. Sect. J. 'Whenever a person, not being an executor or admin-istrator, appeals from a decree of the Clrancellor or applies for a STATE OF DELAWARE. 23 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 proseetite respectively his appeal or writ to effect, and pay the condemnation money and all costs, or _otherwise abide the de-cree in appeal or the judgment in error, if,he fail to make his plea good. 7/3 Sect. 13. No writ of error shall be brought upon any judgment Limitation of heretofore confessed, entered or rendered, but within five years writs oferror from this time ; nor upon any judgment hereafter to be confessed, entered or rendered, but within five years after the confessing, en-tering, or rendering thereof; unless the person entitled to such writ be an infant, .fente covert, non compos mentis, or ft prisoner, and then within live years exclusive of the time of such disability. 79 Sect. 14. The equity jurisdiction heretofore exercised by the Equity juris. Judges of the Court of Common Pleas, shall be separated from the diction. common- law jurisdiction, and vested in a Chancellor, who shall hold Courts ot 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. [Sect. 15. The Judges qf the Court of Common Pleas, or any two of them, shall compose the Orphans Court of each comity, and may ex- Thts section ercise the equity jurisdiction heretofore exercised by the Orphans bas been All. Courts, except as to the adjusting am! settling Executors, Alministra- nutted and tors and Guardians accounts ; btu/Licit cases they shall have an ap- IT/104,i imitate jurisdiction from the sentence or decree if the Register. This Court may issue process thronghout the State, to compel the ,attendance of witnesses. lippeals may be made from the Orphans Court, in eases where that Court has original jurisdiction, to the Supreme Court, whose decision shall be final.] 80 Sect. 16. An Executor, Administrator. or Guardian, shall Me eve- Executor's, ry account with the Register for the county, who shall as soon conveniently may be, carefully examine the particulars with the dian proof's thereof, in the presence of such Executor, Ad mmistrator or counts. 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 set-tied, shall remain in his office for inspection ; and the Executor, Ad-ininistrator, or Guardian, shall within three months after such set-tlement, 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 inspec-tion ; and the Judges of the Orphans Court shall hear the exceptions Exceptions. or any persons concerned, it' 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. Si Sect. 17. The Registers of the several counties shall respective- Register's ty kohl the Register's Conrt in each county. ()ton the litigation of coot/. CONSTITUTION OF THU G9 I fabens Cor- 70 Acknow. lodgment a |
| Date Digital | 2010 |
| CONTENTdm file name | 3070.cpd |
Description
| Title | Laws of the State of Delaware - Volume 7 Part 1 - Revised Edition - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE, ' 4.1 ! i i! , , TO tHE YtAll OF OUR Loan, ONF ritousArrn EIERT, 7IUNDRED AND irWENTY NINE INCLUSIVE : TO WHICH ARE PREFIXED. THE DECLARnATIO'N OF INDEPENDENCE AND CONSTITUTION OF THE UNITED STATES. REVISED EDITION. ARRANGED AND PUBLISHED UNDER THE AUTHORITY OF TILE GENERAL ASSEMBLY, Wilmington, ed. PRINTED BY R. PORTER AND SON, MARKET- STREET. 1829. |
| CONTENTdm file name | 49400.pdfpage |
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