In case of a vacancy happening in the office of governor, the speaker of the senate is to act till a new governor is chosen or the vacancy ceases. In case a vacancy occurs while he is acting, the speaker of the house of representatives is to act. The state treasurer and the auditor are elected by the general assembly for two years.
The secretary of state is appointed by the gov eroor for four years.
The is appointed by the gov ernor for five years.
5. The Judicial Power.
The court of errors and appeals consists of the chancellor, who is president, the chief justice of the superior court, who presides in the absence of the chancellor, and the three assistant justices of the superior oourt. The three assistant justices are selected one from each county in the state. The superior court is held by the chief justice and two assistant justices. It may hold pleas of assize, scire facias, replevin, informations, and actions arising under penal statutes, and hear and determine all and all manner of pleas, actions, suits, and causes, civil, real, personal, and mixed, accord ing to the laws and constitution of the state, as fully and amply to all intents and purposes as the justices of the king's bench, common pleas, and exchequer in England, or,any of them, may or can do.
The court of over and terminer is held by the chief justice and the three assistant justices of the superior court, and has jurisdiction of all capital crimes, and of manslaughter, and of being an ac cessory to such crime.
The court of general sessions is composed of tho chief justice and two assistant justices of the superior court. It has jurisdiction of all crimes, except those mentioned above as within the juris diction of the court of over and terminer, and also except those committed by slaves, and which are cognizable before a justice of the peace. It sots
also as a court of general jail delivery, and may indict prisoners for crimes for which they are to be tried before the court of nyer and terminer. The full title of this court is, The Court of General Ses sions of the Peace and Jail Delivery.
The court of chancery is held by the chancellor. It is to hear and decree all matters in equity, in cluding injunctions to stay suits at law and pre vent waste, according to the course of chancery practice in England. But these powers are to he exercised only when no adequate remedy exists at law. In cases where matters of fact are in dispute, the cause is to be remitted to the superior court, to be tried by a jury.
The orphans' court in each oounty oonsists of the chancellor and the assistant justice from that county. It appoints and removes guardians, and has the superintendence of the settlement of estates of decedents.
All the judges aro appointed by the governor, and hold offioe during good behavior.
Justices of the peace have a jurisdiction of actions arising from contracts, of trespass where the amount involved does not exceed one hundred dollars, of cases under the process of forcible entry and de tainer, and a civil jurisdiction, generally, where the amount involved is not over one hundred dollars. They may issue search-warrants, and may punish breeches of the peace, in cases which are not aggravated, by a fine not exceeding ten dollars. If the case he aggravated, the justice must bind over the offender for trial by the higher court.