Delaware Constitution

Article Schedule, § 9 — Date of abolition of courts and judicial offices; transfer of pending proceedings and books, records, and papers

Delaware Const. art. Schedule, § 9

This text of Delaware Const. art. Schedule, § 9 (Date of abolition of courts and judicial offices; transfer of pending proceedings and books, records, and papers) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

JurisdictionDelawareDocumentConstitution
ArticleSchedule
Section§ 9
CitationDelaware Const. art. Schedule, § 9
Bluebook
Del. Const. art. Schedule, § 9.

Full Text

(a) All the courts of justice now existing shall continue with their present jurisdiction, and the Chancellor and judges shall continue in office until the tenth day of June in the year 1897; upon which day the courts shall be abolished, and the offices of the Chancellor and judges shall expire. (b) All writs of error, and appeals and proceedings which, on the tenth day of June in the year 1897 shall be depending in the Court of Errors and Appeals, and all the books, records, and papers of the court, shall be transferred to the Supreme Court established by this amended Constitution; and the writs of error, appeals, and proceedings shall be proceeded in the Supreme Court to final judgment, decree, or other determination. (c) All suits, proceedings, and matters which, on the tenth day of June in the year 1897, shall be depending in the Superior Court, and all books, records, and papers of the Court, shall be transferred to the Superior Court established by this amended Constitution, and the suits, proceedings, and matters shall be proceeded in to final judgment, or determination, in the Superior Court established by this amended Constitution. (d) All indictments, proceedings, and matters which, on the tenth day of June in the year 1897, shall be depending in the Court of General Sessions of the Peace and Jail Delivery, shall be transferred to and proceeded in to final judgment and determination in the Court of General Sessions established by this amended Constitution, or be otherwise disposed of by the Court of General Sessions, and all books, records, and papers of the Court of General Sessions of the Peace and Jail Delivery shall be transferred to the Court of General Sessions. (e) All indictments, proceedings, and matters which, on the tenth day of June in the year 1897, shall be depending in the Court of Oyer and Terminer, shall be transferred to and proceeded in to final judgment and determination in the Court of Oyer and Terminer, established by this amended Constitution, and all books, records, and papers of the Court of Oyer and Terminer shall be transferred to the Court of Oyer and Terminer established by this amended Constitution. (f) All suits, proceedings and matters which, on the tenth day of June in the year 1897, shall be depending in the Court of Chancery, or in the Orphans' Court, and all records, books, and papers of the courts respectively, shall be transferred to Court of Chancery or Orphans' Court respectively, established by this amended Constitution; and the suits, proceedings, and matters, shall be proceeded in to final decree, order, or other determination.

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History

84 Del. Laws, c. 281; 85 Del. Laws, c. 5

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Bluebook (online)
Delaware Const. art. Schedule, § 9, Counsel Stack Legal Research, https://law.counselstack.com/constitution/de/Schedule/9.