Schedule, Delaware Constitution

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Delaware Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIScheduleClosing
The Schedule of the Delaware Constitution follows 17 articles and a preamble. It contains 19 sections.

Preamble

Text of Preamble:

That no inconvenience may arise from the amendments of the Constitution of this State, and in order to carry the same into complete operation, it is hereby declared and ordained as follows:

Section l

Text of Section 1:

Delivery, filing and publication of enrolled copy of amended Constitution and Schedule

The President of this Convention, immediately on its adjournment, shall deliver the enrolled copy of this amended Constitution and Schedule to the Secretary of State, who shall file the same in his office, and the Secretary of this Convention shall cause the same to be published three times in two newspapers in each County of the State.

Section 2

Text of Section 2:

Effective date of amended Constitution

This amended Constitution shall take effect on the tenth day of June in the year One Thousand Eight Hundred and Ninety-Seven.

Section 3

Text of Section 3:

Effect on offices of Senators and Representatives; election

The offices of the present Senators and Representatives shall not be vacated or otherwise affected by this amended Constitution, except that the Senators whose terms do not expire on the day of the next general election shall thereafter represent the districts in which they now reside until the end of the terms for which they were elected.

At the general election to be held in the year One Thousand Eight Hundred and Ninety-Eight, there shall be elected from each of the even numbered Senatorial Districts in the State, except District Number Two in New Castle County, District Number Four in Kent County, and District Number Two in Sussex County, a Senator for the term of two years, and from each of the odd numbered Senatorial Districts in the State a Senator for the term of four years. And thereafter, as the said terms shall from time to time expire, a Senator shall be elected from each of the said Senatorial Districts for the full term of four years.

At the general election to be held in the year One Thousand Eight Hundred and Ninety-Eight, there shall be elected in each Representative District in the State one Representative for the term of two years.

Section 4

Text of Section 4:

Commencement of terms of members of General Assembly

The terms of Senators and Representatives shall begin on the day next after their election.

Section 5

Text of Section 5:

Date of first general election

The first general election under this amended Constitution shall be held on the Tuesday next after the first Monday in the month of November in the year One Thousand Eight Hundred and Ninety-Eight.

Section 6

Text of Section 6:

Effect on Governor's term

The term of office of the present Governor shall not be vacated, or in any wise affected by this amended Constitution.

Section 7

Text of Section 7:

Continuation of elective and appointive offices; election of successors; renewal of official obligations

Unless otherwise provided by this amended Constitution or Schedule, all persons elected or appointed before this amended Constitution shall take effect, to State or County offices made elective by this amended Constitution, whose terms will expire before the first Tuesday in January in the year One Thousand Eight Hundred and Ninety-Nine, shall hold their respective offices until the said last mentioned day; and all persons elected or appointed as aforesaid to such offices, whose terms will expire between the said first Tuesday in January in the Year One Thousand Eight Hundred and Ninety-Nine and the first Tuesday in January in the year One Thousand Nine Hundred and One, shall hold their respective offices until the said last mentioned day; and all persons elected or appointed as aforesaid to such offices, whose terms will expire between the said first Tuesday in January in the year One Thousand Nine Hundred and One and the first Tuesday in January in the year One Thousand Nine Hundred and Three, shall hold their respective offices until the said last mentioned day; and the successors of such persons shall be elected at the general election next before the expiration of the terms as hereby extended; provided, however, that the successors of the present Auditor of Acccounts, State Treasurer and Insurance Commissioner shall be elected at the general election next preceding the expiration of their several terms of office, and the persons so elected shall enter upon the duties of their respective offices on the first Tuesday in January following their election. The officers whose terms of office are extended by this section shall renew their official obligations upon the expiration of their present terms.

Section 8

Text of Section 8:

Date of commencement of terms of elective officers

The terms of office of all State and County officers made elective by this amended Constitution shall commence on the first Tuesday in January next after their election, unless otherwise provided in this amended Constitution or Schedule.

Section 9

Text of Section 9:

Date of abolition of courts and judicial offices; transfer of pending proceedings and books, records and papers

All the courts of justice now existing shall continue with their present jurisdiction, and the Chancellor and judges shall continue in office until the tenth day of June in the year One Thousand Eight Hundred and Ninety-Seven; upon which day the said courts shall be abolished, and the offices of the said Chancellor and judges shall expire.

All writs of error, and appeals and proceedings which, on the said Tenth day of June in the year One Thousand Eight Hundred and Ninety-Seven shall be depending in the Court of Errors and Appeals, and all the books, records and papers of said court, shall be transferred to the Supreme Court established by this amended Constitution; and the said writs of error appeals and proceedings shall be proceeded in the said Supreme Court to final judgment, decree or other determination.

All suits, proceedings, and matters which, on the said Tenth day of June in the year One Thousand Eight Hundred and Ninety-seven, shall be depending in the Superior Court, and all books, records and papers of the said court, shall be transferred to the Superior Court established by this amended Constitution, and the said suits, proceedings and matters shall be proceeded in to final judgment, or determination, in the said Superior Court established by this amended Constitution.

All indictments, proceedings and matters which, on the said Tenth day of June in the year One Thousand Eight Hundred and Ninety-Seven, shall be depending in the Court of General Sessions of the Peace and Jail Delivery shall be transferred to and proceeded in to final judgment and determination in the Court of General Sessions established by this amended Constitution, or be otherwise disposed of by the Court of General Sessions, and all books, records and papers of said Court of General Sessions of the Peace and Jail Delivery shall be transferred to the said Court of General Sessions.

All indictments, proceedings and matters which, on the said Tenth day of June in the year One Thousand Eight Hundred and Ninety-Seven, shall be depending in the Court of Oyer and Terminer, shall be transferred to and proceeded in to final judgment and determination in the Court of Oyer and Terminer, established by this amended Constitution, and all books, records and papers of said Court of Oyer and Terminer shall be transferred to said Court of Oyer and Terminer established by this amended Constitution.

All suits, proceedings and matters which, on the said Tenth day of June in the year One Thousand Eight Hundred and Ninety-Seven, shall be depending in the Court of Chancery, or in the Orphans' Court, and all records, books and papers of said courts respectively, shall be transferred to Court of Chancery or Orphans' Court respectively, established by this amended Constitution; and the suits, proceedings and matters, shall be proceeded in to final decree, order or other determination.

Section l0

Text of Section 10:

Registers' Court and jurisdiction of justice of the peace unaffected

Unless otherwise provided, the Registers' Courts and the jurisdiction of Justice of the Peace shall not be affected by this amended Constitution.

Section ll

Text of Section 11:

Payments to certain incumbent judges not reappointed

If the Chancellor, Chief Justice or any Associate Judge in office at the time this amended Constitution shall take effect shall not be appointed Chancellor, Chief Justice or Associate Judge under this amended Constitution, he shall be entitled to receive the sum of Fifteen Hundred Dollars per annum, payable quarterly, for five years, after the expiration of his office, if he shall so long live.

Section l2

Text of Section 12:

First biennial session of General Assembly under Constitution

The first biennial session of the General Assembly under this amended Constitution shall commence on the first Tuesday in January in the year One Thousand Eight Hundred and Ninety-Nine.

Section l3

Text of Section 13:

Exceptions to limitations on amount of compensation payable to members of General Assembly and presiding officers

The provisions of Section l5 of Article II of this amended Constitution limiting the amount of the compensation of the members of the General Assembly and the presiding officers of the respective Houses shall not apply to any adjourned, special or extra session of the General Assembly held prior to the first Tuesday in January in the year One Thousand Eight Hundred and Ninety-Nine.

Section l4

Text of Section 14:

Renewal of existing corporations until enactment of general incorporation law

Until the General Assembly shall enact a general incorporation law as provided for in Section l of Article IX of this amended Constitution, existing corporations may be renewed for a period not exceeding four years, without change or enlargement of their corporate powers or duties, in the manner lawful before this amended Constitution shall take effect.

Section l5

Text of Section 15:

Guardians' accounts

Until the General Assembly shall otherwise provide, guardians' accounts shall be filed with and be adjusted and settled by the Register of Wills for the County, and be subject to exception, hearing, adjustment and settlement in the Orphans' Court for the County as before this amended Constitution took effect.

Section l6

Text of Section 16:

Terms of office of persons holding office on effective date of Constitution

Unless otherwise provided by this amended Constitution or Schedule, the terms of persons holding public offices to which they have been elected or appointed at the time this amended Constitution and Schedule shall take effect, shall not be vacated or otherwise affected thereby.

Section l7

Text of Section 17:

Vacancies in Board of Pardons

One or more vacancies in the Board of Pardons shall not invalidate any act of the remaining members of said Board not less than three in number.

Section l8

Text of Section 18:

Laws consistent with Constitution not affected

All the laws of this State existing at the time this Constitution shall take effect, and not inconsistent with it shall remain in force, except so far as they shall be altered by future laws.

Section l9

Text of Section 19:

Enabling legislation

The General Assembly, as soon as conveniently may be after this Constitution shall take effect, shall enact all laws necessary or proper for carrying out the provisions thereof.

References

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