229 



time to time, at the discretion of the legislature ; 

 provided such increase or abatemcmt shall not, by any 

 ways or means, be made to affect either then, or at 

 any future time, any one of those then actually in of- 

 fice. At the end of each quarter their salary shall 

 be divided into equal portions by the number of days 

 on which, during that quarter, a council has been held, 

 or required by the governor, or by their own adjourn- 

 ment, and one of those portions shall be withheld from 

 each member for every of the said days, which, with- 

 out cause allowed good by the board, he failed to at- 

 tend, or departed before adjournment without their 

 leave. If no board should have been held during that 

 quarter, there shall be no deduction. 



They shall annually choose a President, who shall 

 preside in council in the absence of the governor, and 

 who in case of his office becoming vacant by death or 

 otherwise, shall have authority to exercise all his func- 

 tions, till a new appointment be made, as he shall also 

 in any interval during which the governor shall de- 

 clare himself unable to attend to the duties of his of- 

 fice. 



The Judiciary powers shall be exercised by county 

 courts and such other inferior courts as the legislature 

 shall think proper to continue or to erect, by three su- 

 perior courts, to wit, a Court of Admiralty, a general 

 Court of Common Law, and a high Court of Chancery ; 

 and by one Supreme Court, to be called the Court of 

 Appeals. 



The judges of the high court of chancery, general 

 court, and court of admiralty, shall be four in number 

 each, to be apj)ointed by joint ballot of both houses of 

 assembly, and to hold their offices during good beha- 

 viour. While they continue judges, they shall hold no 

 other office or emolument, under this state, or any 

 other state or jjower whatsoever, except that they may 

 be delegated to Congress, receiving no additional al- 

 lowance. 



These judges, assembled together, shall constitute the 

 Court of Appeals, whose business shall be to receive 

 20 



