§ 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 the Secretary of State’s office, and the Secretary of this Convention shall cause the same to be published 3 times in 2 newspapers in each county of this State.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 2. Effective date of amended Constitution.
This amended Constitution shall take effect on the tenth day of June in the year 1897.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 3. Effect on offices of Senators and Representatives; election.
(a) 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.
(b) At the general election to be held in the year 1898, there shall be elected from each of the even numbered Senatorial Districts in this State, except District number 2 in New Castle County, District number 4 in Kent County, and District number 2 in Sussex County, a Senator for the term of 2 years, and from each of the odd numbered Senatorial Districts in this State a Senator for the term of 4 years.
(c) And thereafter, as the terms shall from time to time expire, a Senator shall be elected from each of the Senatorial Districts for the full term of 4 years.
(d) At the general election to be held in the year 1898, there shall be elected in each Representative District in this State 1 Representative for the term of 2 years.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 4. Commencement of terms of members of General Assembly.
[Transferred to Section 3 of Article II].
83 Del. Laws, c. 351 and 84 Del. Laws, c. 18; 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 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 1898.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 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.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 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 1899, shall hold their respective offices until the last mentioned day; and all persons elected or appointed as aforesaid to such offices, whose terms will expire between the first Tuesday in January in the year 1899 and the first Tuesday in January in the year 1901, shall hold their respective offices until the last mentioned day; and all persons elected or appointed as aforesaid to such offices, whose terms will expire between the first Tuesday in January in the year 1901 and the first Tuesday in January in the year 1903, shall hold their respective offices until the 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 Accounts, 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.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 8. Date of commencement of terms of elective officers.
[Transferred to Section 24 of Article III.]
83 Del. Laws, c. 351 and 84 Del. Laws, c. 18; 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 9. Date of abolition of courts and judicial offices; transfer of pending proceedings and books, records, and papers.
(a) 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 1897; upon which day the courts shall be abolished, and the offices of the Chancellor and judges shall expire.
(b) All writs of error, and appeals and proceedings which, on the tenth day of June in the year 1897 shall be depending in the Court of Errors and Appeals, and all the books, records, and papers of the court, shall be transferred to the Supreme Court established by this amended Constitution; and the writs of error, appeals, and proceedings shall be proceeded in the Supreme Court to final judgment, decree, or other determination.
(c) All suits, proceedings, and matters which, on the tenth day of June in the year 1897, shall be depending in the Superior Court, and all books, records, and papers of the Court, shall be transferred to the Superior Court established by this amended Constitution, and the suits, proceedings, and matters shall be proceeded in to final judgment, or determination, in the Superior Court established by this amended Constitution.
(d) All indictments, proceedings, and matters which, on the tenth day of June in the year 1897, 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 the Court of General Sessions of the Peace and Jail Delivery shall be transferred to the Court of General Sessions.
(e) All indictments, proceedings, and matters which, on the tenth day of June in the year 1897, 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 the Court of Oyer and Terminer shall be transferred to the Court of Oyer and Terminer established by this amended Constitution.
(f) All suits, proceedings and matters which, on the tenth day of June in the year 1897, shall be depending in the Court of Chancery, or in the Orphans' Court, and all records, books, and papers of the 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.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 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.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 11. Payments to certain incumbent judges not reappointed.
If the Chancellor, Chief Justice, or any Judge in office at the time this amended Constitution shall take effect shall not be appointed Chancellor, Chief Justice, or Judge under this amended Constitution, each shall be entitled to receive the sum of $1,500 per annum, payable quarterly, for 5 years, after the expiration of office, or until death, whichever occurs first.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 75 Del. Laws, c. 137 and 76 Del. Laws, c.11; 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 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 1899.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 13. Exceptions to limitations on amount of compensation payable to members of General Assembly and presiding officers.
The provisions of Section 15 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 before the first Tuesday in January in the year 1899.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 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 1 of Article IX of this amended Constitution, existing corporations may, be renewed for a period not exceeding 4 years, without change or enlargement of their corporate powers or duties, in the manner lawful before this amended Constitution shall take effect.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;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.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 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.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 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 the Board not less than 3 in number.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 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.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;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.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;DONE IN CONVENTION, the fourth day of June in the year of our Lord one thousand eight hundred and ninety-seven and of the Independence of the United States of America the one hundred and twenty-first.
IN TESTIMONY WHEREOF , we have hereunto subscribed our names.
John Biggs, President.
Edward G. Bradford, Charles B. Evans, George H. Murray, Martin B. Burris, James B. Gilchrist, William P. Orr, Jr., William A. Cannon, Robert G. Harman, Nathan Pratt, Paris T. Carlisle, Jr., Edward D. Hearne, Charles F. Richards, Wilson T. Cavender, Andrew J. Horsey, Lowder L. Sapp, David S. Clark, John W. Hering, William Saulsbury, J. Wilkins Cooch, Andrew L. Johnson, William T. Smithers, Ezekiel W. Cooper, Woodburn Martin, W. C. Spruance, Robert W. Dasey, Elias N. Moore, Isaac K. Wright, Joshua A. Ellegood.
Attest: Charles R. Jones, Secretary of C.C.