Графични страници
PDF файл

Sect. 12. He may on extraordinary occasions convene the General Assembly; and in cale of disagreement between the two Houses with respect to the time of adjournment, adjourn them to such time as he ihall think proper, not exceeding three months.

Sect. 13. He mall take care that the laws he faithfully executed.

SECT. 14. On the death or resignation of the Governor, or his removal from office on impeachment, or for inability, the Speaker of the Senate shall exercise the office of Governor, till a new Guvernor Thall be duly qua lified ; and on the death or resignation of the Speaker of the Senate, the Speaker of the House of Reprelenta. tives at that time thall exercise the office, 10til it be regularly velted in a new Governor. If the trial of a conteited election shall continue longer than until the third Tuesday of January next ensuing the election of a Governor, the Governor of the last year, or the Speaker of the Senate, or of the House of Representatives, who inay then be in the exercise of the executive authority, shall continue therein until a determination of such contested election. The Governor hall 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 shall be appointed and commissioned during the Governor's continuance in office, if he shall so long behave himself well. He shall keep a fair register of all the official acts and proceed. ings of the Governor, and hall, when requireil by ei. ther branch of the Legislature, lay the same, and all papers, minutes, and vouchers relative thereto, before ilem ; 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.

ARTICLE. IV. Sect. 1. All elections of Governor, Senators, and Representatives, shall be by ballot ; and in such eleco tions, every white freeman of the age of twenty.one years, having resided in the State two years next before the election, and within that time paid a Stare or


county tax, which shall have been assessed at least six months before the election, shall enjoy the right of an elector ; and the sons of persons so qualified, ihall, between the ages of 21 and 22 years, be entitled to vote, although they hall not have paid taxes.

SECT.2. Electors shall in all cases, 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 Representatives shall have the fole power of impeaching ; but two-thirds of all the members must concur in au impeachment.

All impeachments shall be tried by the Senate, and when fitting for that purpose, the Senators shall be upon wath or affirmation to do juttice according to the evidence. - No person shall be convicted without the concurrence of two-thirds of all the Senators.

SECT. 2. The Governor, and all other civil officers under thisSrate, shall be liable to impeachment for ireafon, bribery, or any high crime or misdemeanor in oi. fice. Judgement in such cases shall not extend further than to removal from office, and disqualification le hold any office of honor, trust or profit uader this State ; but the party convicted fhall nevertheless be subject to indictment, trial, judgement and punilhment according to law.

Sect. 3. Treason against this State shall coolist only in levying war againit it, or in adhering to the enemies of the goveroment, giving them aid and com. furt. No person shall be convicted of treason, unlets on the testimony of two witnesses to the same overt act, or on contellion in opeo Court.

ARTICLE VI. Sect. 1. The Judicial Power of this state shall be velted in a Court of Chaucery, û 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 Jultices of the Peace, and in such other Courts as the Legislature, two thirds of all the members of each branch concurring, may from time to time establish.


SECT. 2. The Chancellor, and the Judges of the Supreme Court and the Court of Common Pleas, shall hold their offices during good behaviour ; but for a reasonable cause, which shall not be a sufficient ground for an impeachment, the Governor may in his discretion remove any of them, on the address of two-thirds of all the meinbers of each branch of the Legislature.They shall at stated times receive for their services adequale 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 upon the Treasurer, out of any monies in the treasury: but they shall hold no other office of profit, nor receive any fees or perquitites, except such fees as thall be fixed by law for business to be done out of Court.

Sect. 3. The Judges of the Supreme Court shall be not fewer than three, nor more than four, one of whom shall be Chief Justice. There shall be a judge residing in each county. The jurisdiction of this Court fhall extend over the State. The Judges shall, by virlue of their offices, be Justices of Oyer and Terminer and General Goal Delivery in the several counties.Any two of the Judges may act as if all were present.

Sec T. 4. The Judges of the Court of Common Pleas thall be not fewer than three, nor more than four, one of whom fall be Chief Justice. There fhall be a Judge residing in each county. The jurisdiction of this Court {hall 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, shall issue the writ of habeas corpus in vacation time and out of term, wlien duly applied for, which shall be immediately obeyed.

Sect. 6. Any Judge of the Supreme Court, or of the Court of Common Pleas, may, unless the Legislature shall otherwise provide by law, out of Court, take the acknowledgment of deeds' ; and the same being thereon certified, under his hand, such deeds Tall 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, bediiy 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, is 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 suin than that paid into Court, he shall not recover any costs accruing after such payment, except where the plaintiff is an executor or administrator.

Secr.ll. 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, för 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. 15. No writ of error shall be brought upon any judgement heretofore confessed, entered or rendered, but within five year's 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 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 Chiancery 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 ComDion Pleas, 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,


« ПредишнаНапред »