I. That the president, or, in case of his death, inability, or absence from the State, the speaker of the legislative council, at that time, and in case of his death, inability, or absence from the State, the speaker of the house of assembly, at that time, shall respectively, with the privy council, exercise the executive authority of this State, until the third Tuesday in January next. If the death, inability, or absence of the president shall happen after the first Tuesday of next October, and before the first Tuesday in next January, then the executive authority shall devolve upon the person who was speaker of the council at the next preceding session of the general assembly; and in case of his death, inability, or absence, upon the person who was speaker of the house of assembly at the said next preceding session.
II. That all persons holding offices to which, under this constitution, appointments are to be made by the governor, shall continue in the exercise of the duties of their respective offices, until the first Tuesday of October, 1793, unless their commissions shall sooner expire by their own limitations, or the said offices shall become vacant by death or resignation, and no longer, unless reappointed and commissioned by the governor.
III. That justice shall be administered in the several counties of this State, until the period last mentioned, by the same justices, in the same courts, and in the same manner as heretofore.
IV. That the sheriffs elected at October next shall hold their respective commissions two years, and no longer, from that time, or until new sheriffs are elected and appointed; and such persons shall not be again eligible until the expiration of three years after their commissions cease.
V. That the elections of governor, senators, and representatives shall be conducted by the same persons and in the same manner as is prescribed by the election laws of this State concerning the election of members of the council and of the house of assembly; and the returns thereof shall be made respectively to the person exercising the executive authority, to the senate, and to the house of representatives.
VI. The first meeting of the legislature under this constitution shall be at the town of Dover.
Done in convention the twelfth day of June, in the year of our Lord one thousand seven hundred and ninety-two, and of the Independence of the United States of America the sixteenth. In testimony whereof we have hereunto subscribed our names.
Attest: James Booth, Secretary.
AMENDMENT TO THE CONSTITUTION OF 1792.
The chancellor shall compose the orphans’ court of each county, and exercise the equity jurisdiction heretofore exercised by the orphans’ court, except as to the adjusting and settling executors, administrators, and guardians’ accounts, in which case he shall have an appellate jurisdiction from the sentence and decree of the register. This court may issue process throughout the State to compel the attendance of witnesses. Appeals may be made from the orphans’ court, in cases where that court has original jurisdiction, to the supreme court, whose decision shall be final.
