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IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES

THE ONE HUNDREDTH AND FORTY-FIFTH

VOLUME XXXII

THE STAR PUBLISHING CO.,

WILMINGTON, DEL.

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AN ACT agreeing to the proposed amendment of Section 17, of Article 4, of the Constitution of the State of Delaware, permitting the Chief Justice or any Judge of the Superior Court of the State of Delaware, to grant restraining orders and preliminary injunctions pursuant to the rules of the Court of Chancery, during the absence from the State or temporary disability of the Chancellor.

WHEREAS, an Amendment to the Constitution of the State of Delaware was proposed in the Senate in the Ninety-seventh session of the General Assembly as follows:

"An Act to Amend Section 17 of Article 4 of the Constitution of the State of Delaware, permitting the Chief Justice or any Judge of the Superior Court of the State of Delaware, to grant restraining orders and preliminary injunctions pursuant to the Rules of the Court of Chancery, during the absence from the State or temporary disability of the Chancellor.

"Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each House concurring therein):

"Section 1. That Section 17 of Article 4, of the Constitution of the State of Delaware be, and the same is hereby amend

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AMENDMENT TO CONSTITUTION

ed, by striking out said section and inserting in lieu thereof a new Section, to be known as Section 17, as follows:

"Section 17. The Chief Justice or any Judge of the Superior Court of the State of Delaware shall have power, in the absence of the Chancellor from the County where any suit in equity may be instituted, or during the temporary disability of the Chancellor, to grant restraining orders, and the Chief Justice or any Judge of the Superior Court of the State of Delaware shall have power, during the absence of the Chancellor from the State or his temporary disability, to grant preliminary injunctions, pursuant to the rules, of the Court of Chancery; provided that nothing herein contained shall be construed to confer general jurisdiction over the case."

AND WHEREAS, the said proposed amendment was agreed to by two-thirds of all the members elected to each House in the said ninety-seventh session of the General Assembly; and

WHEREAS, the said proposed amendment was published by the Secretary of State three months before the then next general election, to-wit, the general election of 1920, in three newspapers in each County in the State of Delaware. Now, therefore,

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each House of the General Assembly agreeing thereto):

Section 1.

That the said proposed amendment be and it is hereby agreed to and adopted and that the same shall forthwith. become and be a part of the Constitution.

Approved March 31, A. D. 1921.

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