Page:The Federal and state constitutions vol1.djvu/620

578 seven years, if so long they shall behave themselves well; but may be removed by the governor within that time on conviction of misbehavior in office, or on the address of both houses of the legislature.

The style in all process and public acts shall be, “The State of Delaware.” Prosecutions shall be carried on in the name of the State, and shall conclude, “against the peace and dignity of the State.”

There shall be a court styled “The high court of errors and appeals,” which shall consist of the chancellor and of the judges of the supreme court and court of common pleas. Any four of the judges of this court may proceed on business, but any smaller number may open and adjourn the court. If any of them has rendered judgment or passed a decree in any cause before removal, he shall not sit judicially upon the hearing of the same in this court, but may assign the reasons upon which such judgment was rendered, or such decree passed. The chancellor shall preside, except when he cannot sit judicially; and in such cases, or in his absence, the chief-justice of the supreme court; but if he is so disqualified or absent, then the chief-justice of the court of common pleas shall preside; and if he is so disqualified or absent, then the next eldest judge, according to priority in date of commissions, if present, and not disqualified as aforesaid, shall preside. This court shall have power to issue writs of error to the supreme court, and to the court of common pleas, and to receive and determine appeals from interlocutory or final orders or decrees of the chancellor. Errors shall be assigned and causes of appeal exhibited in writing speedily, and citations duly served on adverse parties.

Upon the reversal of a judgment of the supreme court or of the court of common pleas, or a decree of the chancellor, this court shall respectively render such judgment or pass such decree as the supreme court, or the court of common pleas, or the chancellor ought to have rendered or passed, except where the reversal is in favor of the plaintiff or petitioner in the original suit, and the damages to be assessed, or the matters to be decreed, are uncertain; in any of which cases the cause shall be remanded, in order to a final decision.

The judges of this court may issue all process proper for bringing records fully before them, and for carrying their determinations into execution.

The members of the senate and house of representatives, the chancellor, the judges of the supreme court and the court of common pleas, and the attorney-general, shall, by virtue of their offices, be conservators of the peace throughout the State; and the treasurer, secretary, clerks of the supreme court, prothonotaries, registers, recorders, sheriffs, and coroners shall, by virtue of their offices, be conservators thereof within the counties respectively in which they reside.

The representative, and when there shall be more than one the representatives, of the people of this State in Congress, shall be voted for at the same places where representatives in the State legislature are voted for, and in the same manner.