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Sect. 12. He may on extraordinary occasions convene the General Assembly ; and in cale of disagreement between the two Houses with respect to the time of adjournment, adjourn them to such time as he ihall think proper, not exceeding three monthsä
Sect. 13. He shall take care that the laws he faithfully executed.
SECT. 14. On the death or resignation of the Governor, or his removal from office on impeachment,, or for inability, the Speaker of the Senate shall exercise the office of Governor, till a new Guvernor shall be duly qualified; and on the death or resignation of the Speaker of the Senate, the Speaker of the House of Reprelenta. tives at that time fhall exercise the office, until it be regularly velted in a new Governor. If the trial of a conteited election shall continue longer than until the third Tuesday of January next ensuing the election of a Governor, the Governor of the last year, or the Speaker of the Senate, or of the House of Representatives, who inay then be in the exercise of the executive authority, hall continue therein until a determination of such coriteited election. The Governor Thall not be removed from his office for inability, but with the cono currence of two-thirds of all the members of each branca of the Legislature,
SecT 15. A Secretary shall be appointed and commiffioned during the Governor's continuance in office, is he shall so long behave himself well. He shall keep a fair register of all the official acts and proceed. ings of the Governor, and fall, when required by ei. ther branch of the Legislature, lay the same, and all papers, minutes, and vouchers relative thereto, before tliem; and thall perform such other duties as shall be enjoined him by law. He shall have a compensation for his services, to be fixed by law.
ARTICLE. IV. Sect. 1. All elections of Governor, Senators, and Representatives, shall be by ballot ; and in such eleco tions, every white freeman of the age of twenty.one years, having resided in the State two years next before the election, and within that tine paid a Stare or
county tax, which thall have been assessed at least six months before the election, shall enjoy the right of an elector ; and the fons of perfons to qualified, thall, be. tween the ages of 21 and 22 years, be entitled to vote, although they hall not have paid taxes.
SECT.2. Electors Thall in all cases, except treafon, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to, and returning from them,
AKTICLE V. SECT. I. The House of Representatives shall have the fole 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 fit. ting for that purpose, the Senators shall be upon uath or affirmation to do justice according to the evidence. - No person shall be convicted without the concurrence of two-thirds of all the Senators.
Secr. 2. The Governor, and all other civil officers under thisSrate, shall be liable to impeachinent for treafon, bribery, or any high crime or misdemeanor in oifice. Judgeinent in such cases shall not extend further than to removal from office, and disqualification lu hold any office of honor, trust or profit uader this State ; but the party convicted shall nevertheless be fubje&t to indictment, trial, judgement and punilhment according to law.
SECT. 3. Treason against this State shall confift only in levying war against it, or in adhering to the enemies of the goveroment, giving them aid and com, furt. No perion shall be convicted of treason, unlets on the testimony of two witnesses to the laine overt act, or on contesfion in open Court.
ARTICLE VI. SECT. I. The Judicial Power of this state shall be velted in a Court of Chaucery, à Supreme Court, and Courts of Oyer and Terminer and General Goal Delively, in a Court of Common Pleas, and in an Orphan's Court, Register's Court, and a Court of Quarter Sessi. ons of the Peace for each county, in Justices of the Peace, and in such other Courts as the Legislature, two
thirds of all the members of each branch concurring, inay from time to time establish.
Sect. 2. The Chancellor, and the Judges of the Supreme Court and the Court of Common Pleas, shall hold their offices during good behaviour ; but for a reasonable cause, which shall not be a sufficient ground for an impeachment, the Governor may in his discretion remove any of them, on the address of two-thirds of all the meinbers of each branch of the Legislature. They thall at stated times receive for their services adequate salaries, to be fixed by law, which thall not be diminished during their continuance in office, and shall be payable quarterly to their respective orders upon the 'Trealurer, out of any monies in the treasury: but they shall hold no other office of profit, nor receive any fees or perquitites, except such fees as thall be fixed by law for business to be done out of Court.
Sect. 3. The Judges of the Supreme Court shall be not fewer than three, nor more than four, one of whom shall be Chief Justice. There shall be a judge residing in each county. The iurisdiction of this Court shall exiend over the State. The Judges shall, by virque of their offices, be Justices of Oyer and Terminer and General Goal Delivery in the several counties.Any two of the Judges may act as if all were present.
Sect. 4. The Judges of the Court of Common Pleas shall be not fewer than three, nor more than four, one of whom shall be Chief Justice. There fhall be a Judge residing in each county. The jurisdiction of this Court shall extend over the State. Any two of the Judges may act as if all were present.
SECT. 5. The Chancellor, or any Judge of the Supreme Court, or of the Court of Common Pleas, shall issue the writ of habeas corpus in vacation time and out of term, when duly applied for, which shall be immediately obeyed.
Sect. 6. Any Judge of the Supreme Court, or of the Court of Common Pleas, may, unless the Legislature Thall otherwise provide by law, out of Court, take the acknowledgment of deeds ; and the same being thereun certified, under his hand, fuch deeds shall be recorded, and have the fame effect as if acknowledged in open Court
Sect. 7. In civil causes, when pending, the Supreme Court, and Court of Common Pleas, shall have the pow. er, 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 bene 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 the State,
Sect. 8. Suits may originate in the Supreme Court or Court of Common Pleas.
Sect. 9. One Judge of the Supreme Court, or of the Court of Common Pleas, may, is the other Judges come not, open and adjourn the Court, and may also make the necessary rules preparatory respectively to the trial or argument of causes.
Sect. 10. At any time pending an action for debt or damages, the defendent may bring into Court a sum of money for discharging the same and the costs then accured, 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 suin than that paid into Court, he shall not recover any costs accruing after such payment, except where the plaintiff is an executor or administrator.
Secr.ll. 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 return 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 judgement, for or against executors or administrators, as to right appertains. But where an executor or administrator of a deceased respondent or defendant becomes a party, the Court, upon motion, shall grant such a continuance of the cause as to the Judges shall appear proper.
Sect. 12. Whenever a person, not being an executor or adininistrator, appeals from a decree of the Chancellor, or applies for a writ of error, such appeal or writ shall be no stay of proceeding in the Chancery, or the Court to which the writ issues, unless the appellant or plaintiff in error shall give sufficient security, to be approved respectively by the Chancellor, or by a Judge of the Court from which the writ issues, that the appellant or plaintiff in error shall prosecute respectively his appeal or writ to effect, and pay the condemnation money and all costs, or otherwise abide the decree in appeal or the judgement in error, if he fail to make his plea good. . SECT. 13. No writ of error shall be brought upon any judgement heretofore confessed, entered or rendered, but within five yeai's from this time; nor upon any judgment hereafter to be confessed, entered, or rendered, but within five years after the confessing, entering, or rendering thereof, unless the person entitled to such writ be an infant, feme covert, non compos mentis, or a prisoner, and then within five years exclusive of the time of such disability.
SECT. 14. The equity jurisdiction heretofore exercised by the Judges of the Court of Common Pleas, shall be separated from the Common Law jurisdiction, and vested in a Chancellor, who shall hoid Courts of Chiancery in the several counties of this State. In cases of equity jurisdiction, where the Chancellor is interested, the cognizance thereof shall belong to the Court of Comnion Pleas, with an appeal to the High Court of Errors and Appeals.
SECT. 15. The Judges of the Court of Common Pleas, or any two of them, shall compose the Orphan's Court of each county, and may exercise the equity jurisdiction heretofore exercised by the Orphan's Courts