ARTICLE V. SEC. 1. The House of Representatives shall have the sole power of impeaching: but two-thirds of all the members must concur in an impeachment. All impeachments shall be tried by the Senate; and when sitting for that purpose, the senators shall be upon oath or affirmation to do justice according to the evidence. No person shall be convicted without the concurrence of two-thirds of all the senators. 2. The Governor, and all other civil officers under this State, shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office. Judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit under this State; but the party convicted shall nevertheless be subject to indictment, trial, judgment, and punishment according to law. 3. Treason against this State shall consist only in levying war against it, or in adhering to the enemies of the Government, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. ARTICLE VI. SEC. 1. [The judicial power of this State shall be vested in a Court of Errors and Appeals, a Superior Court, a Court of Chancery, an Orphan's Court, a Court of Oyer and Terminer, a Court of General Sessions of the peace and jail delivery, a Register's Court, justices of the peace, and such other courts as the General Assembly, with the concurrence of two-thirds of all the members of both houses shall from time to time establish.] 2. [To compose the said courts there shall be five judges in the State. One of them shall be Chancellor of the State: he shall also be President of the Orphan's Court: he may be appointed in any part of the State. The other four judges shall compose the Superior Court, the Court of Oyer and Terminer, and the Court of General Sessions of the peace and jail delivery, as hereinafter prescribed. One of them shall be Chief-Justice of the State, and may be appointed in any part of it. The other three judges shall be associate judges, and one of them shall reside in each county.] 3. [The Superior Court shall consist of the Chief-Justice and two associate judges. The Chief-Justice shall preside in every county, and in his absence the senior associate judge sitting in the county shall preside. No associate judge shall sit in the county in which he resides. Two of the said judges shall constitute a quorum. One may open and adjourn the Court, and make all rules necessary for the expediting of business. This Court shall have jurisdiction of all causes of a civil nature, real, personal, and mixed, at common law, and all other the jurisdic tion and powers vested by the laws of this State in the Supreme Court or Court of Common Pleas.] 4. [The Court of General Sessions of the Peace and Jail Delivery shall be composed in each county of the same judges and in the same manner as the Superior Court. Two shall constitute a quorum. One may open and adjourn the Court. This Court shall have all the jurisdiction and powers vested by the laws of this State in the Court of General Quarter Sessions of the Peace and Jail Delivery.] 5. [The Chancellor shall hold the Court of Chancery. This Court shall have all the powers vested by the laws of this State in the Court of Chancery.] 6. [The Court of Oyer and Terminer shall consist of all the judges except the Chancellor. Three of the said judges shall constitute a quorum. One may open and adjourn the Court. This Court shall exercise the jurisdiction now vested in the courts of Oyer and Terminer and General Jail Delivery by the laws of this State. In the absence of the Chief-Justice the senior associate present shall preside.] 7. [The Court of Errors and Appeals shall have jurisdiction to issue writs of error to the Superior Court, and to receive appeals from the Court of Chancery, and to determine finally all matters in error in the judgments and proceedings of said Superior Court, and all matters of appeal in the interlocutory or final decrees and proceedings in chancery. The Court of Errors and appeals upon a writ of error to the Superior Court shall consist of three judges at least: that is to say, the Chancellor, who shall preside, the associate judge who could not on account of his residence sit in the cause below, and one of the judges who did sit in the said cause. The judges of the Superior Court to whom it appertains to hold the Superior Court in each county shall sit alternately in the Court of Errors and Appeals in cases in error brought from the Superior Court held in such county, according to the following rotation: that is to say, if the judgment below be rendered in the Court in New Castle county at the first term of the said Court there, the Chief-Justice shall sit; if at the second term of said Court there, the associate judge for Kent county shall sit; and if at the third term of said Court there, the associate judge for Sussex county shall sit. If the judgment below be rendered in the Court in Kent county at the first term of said Court there, the associate judge for Sussex county shall sit; if at the second term of the said Court there, the associate judge for New Castle county shall sit; and if at the third term of the Court there, the ChiefJustice shall sit. If the judgment below be rendered in the Court in Sussex county at the first term of said Court there, the associate judge for New Castle county shall sit; if at the second term of said Court there, the Chief-justice shall sit, and if at the third term of said Court there, the associate judge for Kent county shall sit; and so from term to term, in every succeeding rotation, the judges beginning and following each other in the same order. But if in any case in the Court of Errors and Appeals, the judge who sat in the cause below, and ought according to this provision to sit in the Court of Errors and Appeals, be absent, unable, or disqualified, then either of the other judges who sat in the cause below may sit; and the Court shall have power to prevent any inconvenience or delay from observing the rotation above described, by making an order or regulation for either of the judges who sat in the cause below, to sit in such cause in the Court of Errors and Appeals. If a judge did not sit in the cause below, he shall sit in the said cause in the Court of Errors and Appeals, unless there be a legal exception to him; but the Court, if there be three judges present, may proceed in his absence. Whenever the Superior Court consider that a question of law ought to be decided before all the judges, they shall have power, upon the application of either party, to direct it to be heard in the Court of Errors and Appeals; and in that case the Chancellor and four judges shall compose the Court of Errors and Appeals, the Chancellor presiding, and any four of them being a quorum; and in the absence of the Chancellor, the Chief-Justice shall preside. Superior Court in exercising this power may direct a cause to be proceeded in to verdict and judgment in that Court, or to be otherwise proceeded in, as shall be best for expediting justice. The Upon appeal from the Court of Chancery, the Court of Errors and Appeals shall consist of the Chief-Justice and three associate judges; any three of them shall be a quorum.] 8. [In matters of chancery jurisdiction in which the Chancellor is interested, the Chief-Justice sitting in the Superior Court without the associate judges, shall have jurisdiction, with an appeal to the Court of Errors and Appeals, which shall consist in this case of the three associate judges, the senior associate judge presiding.] 9. [The Governor shall have power to commission a judge ad litem, to decide any cause in which there is a legal exception to the Chancellor, or any judge, so that such appointment is necessary to constitute a quorum in either court. The commission in such case shall confine the office to the cause, and it shall expire on the determination of the cause. The judge so appointed shall receive a reasonable compensation, to be fixed by the General Assembly. A member of Congress, or any person holding or exercising an office under the United States, shall not be disqualified from being appointed a judge ad litem.] 10. [The Orphans' Court in each county, shall be held by the Chancellor and the associate judge residing in the county; the Chancellor being president. Either of them, in the absence of the other, may hold the Court. When they concur in opinion, there shall be no appeal from their decision except in matter of real estate. When their opinions are opposed, or when a decision is made by one of them, and in all matters involving a right to real estate, or the appraised value or other value thereof, there shall be an appeal to the Superior Court for the county, which shall have final jurisdiction in every such case. This Court shall have all the jurisdiction and powers vested by the laws of this State in the Orphans' Court.] 11. [The jurisdiction of each of the aforesaid courts shall be coextensive with the State. Process may be issued out of each court, in either county, into every county.] 12. [The General Assembly, notwithstanding any thing contained in this article, shall have power to repeal or alter any act of the General Assembly, giving jurisdiction to the courts of Oyer and Terminer and General Jail Delivery, or to the Supreme Court, or the Court of Common Pleas, or the Court of General Quarter Sessions of the Peace and General Jail Delivery, or the Orphans' Court, or to the Court of Chancery, in any matter, or giving any power to either of said courts. Until the General Assembly shall otherwise direct, there shall be an appeal to the Court of Errors and Appeals in all cases in which there is an appeal, according to any act of the General Assembly, to the high Court of Errors and Appeals.] 13. [Until the General Assembly shall otherwise provide, the Chancellor shall exercise all the powers which any law of the State vests in the Chancellor besides the general powers of the Court of Chancery; and the Chief Justice and associate judges shall each singly exercise all the powers which any law of this State vests in the judges singly of the Supreme Court or Court of Common Pleas.] 14. [The Chancellor and judges shall respectively hold their offices during good behavior, and receive for their services a compensation which shall be fixed by law and paid quarterly, and shall not be less than the following sums, that is to say-the annual salary of the Chief Justice shall not be less than the sum of one thousand two hundred dollars: and the annual salary of the Chancellor shall not be less than the sum of one thousand one hundred dollars and the annual salaries of the associate judges, respectively, shall not be less than the sum of one thousand dollars each. They shall hold no other office of profit, nor receive any fees or perquisites in addition to their salaries for business done by them. The Governor may, for any reasonable cause, in his discretion, remove any of them on the address of two-thirds of all the members of each branch of the General Assembly. In all cases where the Legislature shall so address the Governor, the cause of removal shall be entered on the journals of each house. The judge against whom the Legislature may be about to proceed, shall receive notice thereof, accompanied with the causes alleged for his removal, at least five days before the day on which either house of the General Assembly shall act thereupon.] 15. [The General Assembly may by law give to any inferior courts by them to be established, or to one or more justices of the peace, jurisdiction of the criminal matters following, that is to say: assaults and batteries, keeping without license a public house of entertainment, tavern, inn, ale-house, ordinary or victualling house, retailing or selling without license, wine, rum, brandy, gin, whiskey, or spirituous or mixed liquors contrary to law, disturbing camp-meetings held for the purpose of religious worship, disturbing other meetings for the purpose of religious worship, nuisances, horse-racing, cockfighting, and shooting matches, larcenies committed by negroes or mulattoes, and the offence of knowingly buying, receiving or concealing by negroes or mulattoes, of stolen goods and things the subject of larceny, and of any negro or mulatto being accessary to any larceny. The General Assembly may by law regulate this jurisdiction, and provide that the proceedings shall be with or without indictment by grand jury, or trial by petit jury, and may grant or deny the privilege of appeal to the Court of General Sessions of the Peace: the matters within this section shall be and the same hereby are excepted and excluded from the provision of the Constitution, that— "No person shall for an indictable offence be proceeded against criminally by information," and also from the provision of the Constitution concerning trial by jury. 16. In civil causes when pending, the [Superior] Court 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 benne 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, sickness, bodily infirmity, or imprisonment, then to attend; and also the power of obtaining evidence from places not within this State. 17. At any time pending an action for debt or damages, the defendant may bring into court a sum of money for discharging the same, and the cost then accrued, 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 so paid into court for him, he shall not recover any costs accruing after such payment, except where the plaintiff is an executor or administrator. 18. 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 term 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 judgment for or against the executors or administrators, as to right appertains. But where an executor or administrator of a deceased respondent or defendant becomes a |