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In case of the death, resignation, refusal to serve, inability to perform the powers and duties of his office, or removal from office of the Governor. or of his impeachment, or absence from the state, the Lieutenant-Governor shall exercise the powers and authority appertaining to the office of Governor, until another be chosen at the next periodical election for Governor, and be duly qualified; or until the disability be removed, or until the Governor, impeached or absent, shall be acquitted or return.
The general assembly shall adjourn sine die not later than the first Wednesday after the first Monday in June following the organization.
That portion of section three of article twenty-seven of the amendments to the constitution which relates to mileage of members of the general assembly is hereby amended to read as follows: and in addition to such compensation, the general assembly may provide by law for the transportation of each member by public conveyance by the most convenient route between his home station and the place of meeting during the session or sessions of the general assembly to which he is elected.
CONSTITUTION OF DELAWARE-1897.*
We, the People, hereby ordain and establish this Constitution of government for the state of Delaware:
Through Divine goodness, all men have by nature, the rights of worshiping and serving their Creator according to the dictates of their consciences, of enjoying and defending life and liberty, of acquiring and protecting reputation and property, and in general of attaining objects suitable to their condition, without injury by one to another; and as these rights are essential to their welfare, for due exercise thereof. power is inherent in them; and therefore ail just authority in the institutions of political society is derived from the people, and established with their consent, to advance their happiness; and they may for this end, as circumstances require, from time to time, alter their Constitution of government,
BILL OF RIGHTS.
SECTION 1. Although it is the duty of all men frequently to assemble together for the public worship of Almighty God; and piety and morality, on which the prosperity of communities depends, are hereby promoted; yet no man shall or ought to be compelled to attend any religious worship, to contribute to the erection or support of any place of worship, or to the maintenance of any ministry. against his own free will and consent; and no power shall or ought to be vested in or assumed by any magistrate that shall in any case interfere with, or in any manner control the rights of conscience, in the free exercise of religious worship. nor a preference given by law to any religious societies, denominations, or modes of worship.
SEC. 2. No religious test shall be required as a qualification to any office, or public trust, under this State.
All elections shall be free and equal.
SEC. 5. The press shall be free to every citizen who undertakes to examhe the official conduct of men acting in a public capacity; and any citizen may print on any subject, being responsible for the abuse of that liberty. In prosecutions for publications, investigating the proceedings of officers, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels the jury may determine the facts and the law, as in other cases.
SEC. 6. The people shall be secure in their persons, houses, papers and pussessions. from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or thing, shall issue without describing them as particularly as may be; nor then, unless there be probable cause supported by oath or affirmation.
SEC. 7. In all criminal prosecutions, the accused hath a right to be heard by himself and his counsel, to be plainly and fully informed of the nature and cause of the accusation against him, to meet the witnesses in their examination face to face, to have compulsory process in due time, on application by himself. his friends or counsel, for obtaining witnesses in his favor, and a speedy and ublic trial by an impartial jury; he shall not be compelled to give evidence
*The constitution of Delaware was adopted by a convention which met at Dover on December 1, 1896, and adjourned on June 4, 1897. The constitution became fective on June 10, 1897. It was not submitted to the voters, but was promulgated by the convention.
against himself, nor shall he be deprived of life, liberty or property, unless by the judgment of his peers or by the law of the land.
SEC. S. No person shall for any indictable offense be proceeded against criminally by information, except in cases arising in the land or naval forces. or in the militia when in actual service in time of war or public danger; and no person shall be for the same offense twice put in jeopardy of life or limb; nor shall any man's property be taken or applied to public use without the consent of his representatives, and without compensation being made.
SEC. 9. All courts shall be open; and every man for an injury done him in his reputation, person, movable or immovable possessions, shall have remedy by the due course of law, and justice administered according to the very right of the cause and the law of the land, without sale, denial, or unreasonable delay or expense; and every action shall be tried in the county in which it shall be commenced, unless when the judges of the court in which the cause is to be tried shall determine that an impartial trial thereof cannot be had in that county. Suits may be brought against the State, according to such regulations as shall be made by law.
SEC. 10. No power of suspending laws shall be exercised but by authority of the General Assembly.
SEC. 11. Excessive bail shall not be required, nor excessive fines imposed. nor cruel punishments inflicted; and in the construction of jails a proper regard shall be had to the health of prisoners.
SEC. 12. All prisoners shall be bailable by sufficient sureties, unless for capital offences when the proof is positive or the presumption great; and when persons are confined on accusation for such offences their friends and counsel may at proper seasons have access to them.
SEC. 13. The privilege of the writ of habeas corpus shall not be suspended. unless when in cases of rebellion or invasion the public safety may require it. SEC. 14. No commission of oyer and terminer, or jail delivery, shall be
SEC. 15. No attainder shall work corruption of blood, nor except during the life of the offender forfeiture of estate. The estates of those who destroy their own lives shall descend or vest as in case of natural death, and if any person be killed by accident no forfeiture shall thereby be incurred.
SEC. 16. Although disobedience to laws by a part of the people, upon suggestions of impolicy or injustice in them, tends by immediate effect and the influence of example not only to endanger the public welfare and safety, but also in governments of a republican form contravenes the social principles of such governments, founded on common consent for common good; yet the citizens have a right in an orderly manner to meet together, and to apply to persons intrusted with the powers of government, for redress of grievances or other proper purposes, by petition, remonstrance or address.
SEC. 17. No standing army shall be kept up without the consent of the General Assembly, and the military shall in all cases and at all times be in strict subordination to the civil power.
SEC. 18. No soldier shall in time of peace be quartered in any house without the consent of the owner; nor in time of war but by a civil magistrate, in manner to be prescribed by law.
SEC. 19. No hereditary distinction shall be granted, nor any office created or exercised, the appointment to which shall be for a longer term than during good behaviour; and no person holding any office under this State shall accept of any office or title of any kind whatever from any king, prince, or foreign State.
We declare that everything in this article is reserved out of the general powers of government hereinafter mentioned.
SECTION 1. The legislative power of this State shall be vested in a Gen eral Assembly, which shall consist of a Senate and House of Representatives.
SEC. 2. The House of Representatives shall be composed of thirty-five members, who shall be chosen for two years. The Senate shall be composed of seventeen members, who shall be chosen for four years.
The State is hereby divided into thirty-five Representative Districts, from each of which shall be chosen, by the qualified electors thereof, one Representative. In New Castle County there shall be fifteen Representative Districts. numbered from one to fifteen inclusive; in Kent County, ten Representative Districts, numbered from one to ten inclusive; and in Sussex County, ten Representative Districts, numbered from one to ten inclusive. The State is also hereby divided into seventeen Senatorial Districts, from each of which shall be chosen, by the qualified electors thereof, one Senator. In New Castle County there shall be seven Senatorial Districts, numbered from one to seven inclusive; in Kent county, five Senatorial Districts, numbered from one to five inclusive; and in Sussex County, five Senatorial Districts, from one to five inclusive.
The Representative Districts in New Castle County are and shall be as follows:
Number One. All that portion of the City of Wilmington included within the Second and Fourth Wards, and those parts of the Sixth and Eighth Wards, respectively, lying south of and bounded by the central line of Eighth street.
Number Two. All that portion of the said city included within the Ninth Ward, and those parts of the Sixth and Eighth Wards, respectively, lying north of and bounded by the central line of Eighth street.
Number Three. All that portion of the said city included within the Seventh Ward, and that part of the Fifth Ward lying north of and bounded by a straight line including the central line of Eighth street.
Number Four. All that portion of the said city included within the First and Third Wards, and that part of the Fifth Ward lying south of and bounded by the central line of Eighth street, east of and bounded by the central line of Adams street, and west of and bounded by the central line of Market street.
Number Five. All that portion of the said city included within the Tenth, Eleventh and Twelfth Wards, and that part of the Fifth Ward lying south of and bounded by a straight line including the central line of Eighth street, west of and bounded by the central line of Adams street, and bounded on the west by the westerly boundary line of the said city.
Number Six. Brandywine Hundred.
Number Nine. White Clay Creek Hundred.
New Castle Hundred.
Number Thirteen. St. Georges Hundred.
Number Fifteen. Blackbird Hundred.
The Representative Districts in Kent County are and shall be as follows: Duck Creek Hundred.
Little Creek Hundred and the first Election District of East
Number Two. Dover Hundred.
Number Four. West Dover Hundred and all that portion of East Dover Hundred lying next to West Dover Hundred and separate from the rest of East Dover Hundred by the following boundary lines: beginning at the middle of the public road leading from the Horsehead road to Kenton at the point of intersection of Kenton Hundred and East Dover Hundred, thence running along the middle of the said road to the Horsehead road, thence running in a westerly direction along the middle of the said Horsehead road a short distance to a short road leading from the said Horsehead road to the road from Dover to Hazlettville, known as the Hazlettville road, thence running along the middle of the said short road from the Horsehead road to the said Hazlettville road, thence running in a westerly direction along the middle of the said Hazlettville
road a short distance to the road leading therefrom to Wyoming, thence running along the middle of the said road leading from the Hazlettville road to Wyoming to the point of intersection of East Dover Hundred and North Murderkill Hundred.
Number Five. All that portion of East Dover Hundred not included in Districts numbers two and four.
Number Six. Parts of North Murderkill, South Murderkill and Mispillion Hundreds included within the following boundary lines; beginning at the intersection of the southern line of South Murderkill Hundred with the State of Maryland, thence running along the division line between Mispillion Hundred and South Murderkill Hundred to the public road leading from Whiteleysburg to Harrington, thence running in a southeasterly and easterly direction along the middle of said public road to the public road leading from Masten's Corner to Vernon, at or near White's Church, thence running in a northeasterly direc tion along the middle of said public road leading from Masten's Corner to Vernon, a short distance to the public road leading therefrom to the town of Harrington, being a continuation of the road leading from Whiteleysburg to Harrington, thence running in a southeasterly direction to the intersection of West street in the town of Harrington, thence running in a northerly direction along the middle of said West street to the middle of Wolcott street in said town of Harrington, thence running in an easterly direction along the middle of said Wolcott street to the middle of Dorman street in said town of Harrington, thence running in a northerly direction along the middle of said Dorman street to Brown's Branch, thence running in an easterly direction with the course of said Branch to the Delaware Railroad, thence running in a northerly direction along said Delaware Railroad to Beaver Dam Branch in South Murderkill Hundred, thence following the course of said Beaver Dam Branch in a northwesterly direction to the public road leading from Felton to Whiteleysburg, thence running in a northeasterly direction along the middle of the said public road from Felton to Whiteleysburg to the Owl's Nest road, thence running in a northerly direction along the middle of the said Owl's Nest road to the intersection of the Cowgill road from Woodside to Petersburg, thence running in a northerly direction along the middle of the said Cowgill road to the Reed road running from Woodside to Du Pont's school house, thence running in a northwesterly direction along the middle of the said Reed road to Du Pont's school house, thence running in a northerly direction along the middle of the public road leading from Willow Grove to Camden, a short distance to Stubb's Corner. thence running in a westerly and northwesterly and westerly direction along the middle of the public road leading from Du Pont's school house to the Almshouse to Gray's Corner, thence continuing in a direct westerly line to the southern boundary line of West Dover Hundred, thence following the southern boundary line of West Dover Hundred in a westerly direction to the State of Maryland, thence running in a southerly direction along the eastern boundary line to the State of Maryland to the place of beginning.
Number Seven. All that portion of North Murderkill Hundred not included in District number six.
Number Eight. All that portion of South Murderkill Hundred not included in District number six.
Number Nine. All that portion of Mispillion Hundred not included in District number six.
Number Ten. Milford Hundred.
The Representative Districts in Sussex County are and shall be as follows: Number One. Cedar Creek Hundred.
Number Two. All that portion of Nanticoke Hundred which lies north and west of Gravelly Branch, beginning at a point where the said Gravelly Branch intersects the dividing line between Georgetown and Nanticoke Hundreds and running in a southwesterly course to what was formerly known as Rest's Old Mill, thence along said branch to what was formerly known as Collins' Mills, to its mouth being at the head of Middleford Mill Pond; together with North West Fork Hundred.