SECT. 12. He may on extraordinary occafions convene the General Affembly; and in cafe of difagreement between the two Houfes with refpect to the time of adjournment, adjourn them to fuch time as he thall think proper, not exceeding three months.

SECT. 13. He fhall take care that the laws he faithfully executed.

SECT. 14. On the death or refignation of the Governor, or his removal from office on impeachment, or for inability, the Speaker of the Senate fhall exercife the office of Governor, till a new Governor fhall be duly qualified; and on the death or refignation of the Speaker of the Senate, the Speaker of the Houfe of Reprefentatives at that time fhall exercife the office, until it be regularly vefted in a new Governor. If the trial of a contested election fhall continue longer than until the third Tuesday of January next enfuing the election of a Governor, the Governor of the last year, or the Speaker of the Senate, or of the Houfe of Reprefentatives, who may then be in the exercife of the executive authority, hall continue therein until a determination of fuch contefted election. The Governor fhall not be removed from his office for inability, but with the concurrence of two-thirds of all the members of each branch of the Legislature,

SECT 15. A Secretary fhall be appointed and commiffioned during the Governor's continuance in office, if he fhall fo long behave himfelf well. He fhall keep a fair regifter of all the official acts and proceedings of the Governor, and fhall, when required by either branch of the Legislature, lay the fame, and all papers, minutes, and vouchers relative thereto, before them; and fhall perform fuch other duties as fhall be enjoined him by law. He fhall have a compenfation for his fervices, to be fixed by law.

ARTICLE. IV.

SECT. I. All elections of Governor, Senators, and Reprefentatives, fhall be by ballot; and in fuch elections, every white freeman of the age of twenty-one years, having refided in the State two years next before the election, and within that time paid a State or

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County tax, which fhall have been affeffed at least fix months before the election, fhall enjoy the right of an elector; and the fons of perfons fo qualified, fhall, between the ages of 21 and 22 years, be entitled to vote, although they fhall not have paid taxes.

SECT.2. Electors fhall in all cafes, except treafon, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to, and returning from them.

AKTICLE V.

SECT. 1. The House of Reprefentatives fhall have the fole power of impeaching; but two-thirds of all the members must concur in an impeachment. All impeachments fhall be tried by the Senate, and when fitting for that purpose, the Senators fhall be upon oath or affirmation to do juftice according to the evidence. —No perfon fhall be convicted without the concurrence of two-thirds of all the Senators.

SECT. 2. The Governor, and all other civil officers under thisState, fhall be liable to impeachment for treafon, bribery, or any high crime or mildemeanor in office. Judgement in fuch cafes fhall not extend further than to removal from office, and difqualification to hold any office of honor, truft or profit under this State; but the party convicted fhall nevertheless be fubject to indictment, trial, judgement and punishment according to law.

SECT. 3. Treafon against this State fhall confift only in levying war against it, or in adhering to the enemies of the government, giving them aid and com, fort. No perfon fhall be convicted of treafon, unlets on the teftimony of two witneffes to the fame overt act, or on confeffion in open Court.

ARTICLE VI.

SECT. 1. The Judicial Power of this State fhall be velted in a Court of Chaucery, a Supreme Court, and Courts of Oyer and Terminer and General Goal Delivery, in a Court of Common Pleas, and in an Orphan's Court, Regifter's Court, and a Court of Quarter Seffions of the Peace for each county, in Juttices of the Peace, and in fuch other Courts as the Legiflature, two

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thirds of all the members of each branch concurring, may from time to time eftablish.

SECT. 2. The Chancellor, and the Judges of the Supreme Court and the Court of Common Pleas, fhall hold their offices during good behaviour; but for a reafonable caufe, which fhall not be a fufficient ground for an impeachment, the Governor may in his difcretion remove any of them, on the addrefs of two-thirds of all the members of each branch of the Legislature.They fhall at flated times receive for their fervices adequate falaries, to be fixed by law, which fhall not be diminished during their continuance in office, and fhall be payable quarterly to their refpective orders upon the Treasurer, out of any monies in the treasury but they fhall hold no other office of profit, nor receive any fees or perquifites, except fuch fees as thall be fixed by law for bufinefs to be done out of Court.

SECT. 3. The Judges of the Supreme Court fhall be not fewer than three, nor more than four, one of whom fhall be Chief Juftice. There fhall be a Judge refiding in each county. The jurisdiction of this Court fhall extend over the State. The Judges fhall, by virtue of their offices, be Juttices of Oyer and Terminer and General Goal Delivery in the feveral counties.Any two of the Judges may act as if all were prefent.

SECT. 4. The Judges of the Court of Common Pleas fhall be not fewer than three, nor more than four, one of whom fhall be Chief Juftice. There fhall be a Judge refiding in each county. The jurisdiction of this Court thall 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 of the Court of Common Pleas, fhall iffue the writ of habeas corpus in vacation time and out of term, when duly applied for, which fhall be immediately obeyed.

SECT. 6. Any Judge of the Supreme Court, or of the Court of Common Pleas, may, unless the Legislature fhall other wife provide by law, out of Court, take the acknowledgment of deeds; and the fame being thereon certified, under his hand, fuch deeds fhall be recorded, and have the fame 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, amendments in pleadings and legal proceedings, so that by error in any of them, the determination of causes, according to their real merits, shall not be hindered; and also of directing the examination of witnesses that are aged, very infirm, or going out of the State, upon interrogatories de bene esse, to be read in evidence, in case of the death or departure of the witnesses before the trial, or inability by reason of age, fickness, bodily infirmity or imprisonment, then to attend; and also the power of obtaining evidence from places not within the State.

SECT. 8. Suits may originate in the Supreme Court or Court of Common Pleas.

SECT. 9. One Judge of the Supreme Court, or of the Court of Common Pleas, may, if the other Judges come not, open and adjourn the Court, and may also make the necessary rules preparatory respectively to the trial or argument of causes.

SECT. 10. At any time pending an action for debt or damages, the defendent may bring into Court a sum of money for discharging the same and the costs then accured, 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 paid into Court, he shall not recover any costs accruing after such payment, except where the plaintiff is an executor or administrator.

SECT.11. By the death of any party, no suit in chancery or at law, where the cause of action survives, shall abate; but, until the Legislature shall otherwise provide, suggestion of such death being entered of record, the executor or administrator of a deceased petitioner or plaintiff may prosecute the said suit; and if a respondent or defendant dies, the executor or administrator being duly served with a Scire Facias, thirty days before the return thereof, shall be considered as a party to the suit, in the same manner as if he had voluntarily made himself a party; and in any of those cases, the Court shall

pass a decree, or render judgement, for or against executors or administrators, as to right appertains. But where an executor or administrator of a deceased respondent or defendant becomes a party, the Court, upon motion, shall grant such a continuance of the cause as to the Judges shall appear proper.

SECT. 12. Whenever a person, not being an executor or administrator, appeals from a decree of the Chancellor, or applies for a writ of error, such appeal or writ shall be no stay of proceeding in the Chancery, or the Court to which the writ issues, unless the appellant or plaintiff in error shall give sufficient security, to be approved respectively by the Chancellor, or by a Judge of the Court from which the writ issues, that the appellant or plaintiff in error shall prosecute respectively his appeal or writ to effect, and pay the condemnation money and all costs, or otherwise abide the decree in appeal or the judgement in error, if he fail to make his plea good.

SECT. 13. No writ of error shall be brought upon any judgement heretofore confessed, entered or rendered, but within five years from this time; nor upon any judgment hereafter to be confessed, entered, or rendered, but within five years after the confessing, entering, or rendering thereof, unless the person entitled to such writ be an infant, feme covert, non compos mentis, or a prisoner, and then within five years exclusive of the time of such disability.

SECT. 14. The equity jurisdiction heretofore exercised by the Judges of the Court of Common Pleas, shall be separated from the Common Law jurisdiction, and vested in a Chancellor, who shall hold Courts of Chancery in the several counties of this State. In cases of equity jurisdiction, where the Chancellor is interested, the cognizance thereof shall belong to the Court of Comnon Fleas, with an appeal to the High Court of Errors and Appeals.

SECT. 15. The Judges of the Court of Common Pleas, or any two of them, shall compose the Orphan's Court of each county, and may exercise the equity jurisdiction heretofore exercised by the Orphan's Courts,