CHAPTER 300

AN ACT AGREEING TO A PROPOSED AMENDMENT TO ARTICLE IV OF THE CONSTITUTION OF THE STATE OF DELAWARE RELATING TO THE COMPOSITION OF THE SUPERIOR COURT AND ORPHANS' COURT SO AS TO REPEAL THE PROVISION LIMITING THE NUMBER OF JUDGES OF SUCH COURTS.

WHEREAS, an amendment to the Constitution of the State of Delaware was proposed to the 120th General Assembly as follows:

An Act Proposing Amendments To Article Iv Of The Constitution Of The State Of Delaware, Relating To The Composition Of The Superior Court And Orphans' Court.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each House agreeing thereto):

Section 1. Article IV, Section 5 of the Constitution of the State of Delaware is amended by striking out all of that Section and inserting in lieu thereof a new Section 5 to read as follows:

Section 5. The President Judge of the Superior Court and the Orphans' Court and the Associate Judges thereof shall compose the Superior Court and the Orphans' Court, as hereinafter prescribed. In each of the said courts the President Judge when present shall preside, and in his absence the senior Associate Judge present shall preside.

One Judge shall constitute a quorum of the said courts, respectively, except in the Superior Court sitting to try cases of prosecution under Section 8 of Article V of this Constitution, when two Judges shall constitute a quorum. One Judge may open and adjourn any of said courts. AND

WHEREAS, the said proposed amendment was agreed to by two-thirds of all the Members elected to each House in the said 120th General Assembly, NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each House concurring therein.):

Section 1. The said proposed amendment is agreed to and adopted and shall forthwith become a part of the Constitution.

Effective February 14, 1961.