Laws of the State of Delaware - Volume 33 - Page 1 |
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LAWS
OF THE
STATE OF DELAWARE
PASSED Al THE
NINETY- NINTH SESSION
OF THE GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 2nd, A. D. 1923
AND
IN THE YEAR OF THE INDEPENDENCE OF THE IT NITED STATES
THE ONE HUNDREDTH AND FORTY- SEVENTH
VOLUME XXXIII
PRESS OF THE MERCANTILE PRINTING CO.
WILMINGTON, DELAWARE
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 33 |
| Date Original | 1923 |
| Description | Laws of the State of Delaware, Passed at the Ninety-Ninth Session of the General Assembly, Commenced and Held at Dover on Tuesday, January 2nd, A. D. 1923. Volume XXXIII. |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | Press of the Merchantile Printing Company |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE PASSED Al THE NINETY-NINTH SESSION OF THE GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER On Tuesday, January 2nd, A. D. 1923 AND IN THE YEAR OF THE INDEPENDENCE OF THE IT NITED STATES THE ONE HUNDREDTH AND FORTY-SEVENTH VOLUME XXXIII PRESS OF THE MERCANTILE PRINTING CO. WILMINGTON, DELAWARE LAWS OF DELAWARE TITLE ONE Construction of Statutes CHAPTER AMEN DM E N T TO CONSTITUTION AN ACT proposing an amendment to Article V of the Constitution of the State of Delaware, relating to registration of voters. 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 agreeing thereto): Section t. That Article V of the Constitution of the Amendment to State of Delaware be amended by striking out all of Section csicectisonot stitution 4 of said Article, and by inserting in lieu thereof a new Sec-tion 4, in the following language, viz.: "Section 4. The General Assembly shall enact uniform Uniform Registration laws for the registration of voters in this State entitled to vote under this Article, which registration shall be conclusive evidence to the election officers of the right of every person so registered to vote at any General Election while his or her name shall remain on the list of registered voters, and who is not at the time disqualified under the provisions of Section 3 of this Article; and no person shall vote at such General Elec-tion whose name does not at that time appear in said list of registered voters. 3 Registration Days Appeal Privileges "There shall be at least two registration days in a period commencing not more than one hundred and twenty days, nor less than sixty days before, and ending not more than twenty days, nor less than ten days before, each General Election, on which registration days persons whose names are not on the list of registered voters established by law for such election, may apply for registration, and on _which registration days applications may be made to strike from the said registration list names of persons on said list who are not eligible to vote at such election ; provided, however, that such registration may be corrected as hereinafter provided at any time prior to the day of holding the election. "From the decision of the registration officers granting or refusing registration, or striking or refusing to strike a name or names from the registration list, any person interested, or any registration officer, may appeal to the resident Associate Judge of the County, or in case of his disability or absence from the County, to any judge entitled to sit in the Supreme Court, whose determination shall be final ; and he shall have power to order any name improperly omitted from the said registry to be placed thereon, and any name improperly appear-ing on the said registry to be stricken therefrom, and any name appearing on the said registry, in any manner incorrect, . to he corrected, and to make and enforce all necessary orders in the premises for the correction of the said registry. Regis-tration shall be a pre-requisite for voting only at general elections, at which Representatives to the General Assembly shall be chosen, unless the General Assembly shall otherwise provide by law, "The existing laws in reference to the registration of voters, so far as consistent with the provisions of this Article, shall continue in force until the General Assembly shall other. wise provide." Approved February 13, A. D. 1923. 4 LAWS OF DELAWARE AMENDMENT TO CONSTITUTION LAWS OF DELAWARE 5 CHAPTER 2 AMENDMENT TO CONSTITUTION AN ACT agreeing to the proposed amendment to Section 5 of Article 13 of the Constitution of the State of Delaware, in relation to Capi-tation Tax. WHEREAS, an Amendment to the Constitution of the State of Delaware was proposed in the Senate in the Ninety-eighth .Session of the General Assembly as follows: "AN ACT proposing an Amendment to Section 5 of At-, tick 8 of the Constitution of the State of Delaware, in rela-tion to Capitation Tax. 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 agreeing thereto): Section .1. That Section 5 of Article 8 of the Constitution sker,,,licv of the State of Delaware be amended by striking out all of Amonled said Section 5 of Article 8, and inserting in lieu thereof the following: Section 5. The General Assembly shall provide for levy- CI jai Fitttt,,on tax ing and collecting a capitation tax from every citizen of theCo tontt tgyh ottt State of the age of Twenty-one years or upwards; but such tax to be collected in any County shall be uniform throughout that County, and such capitation tax shall be used exclusively in the County in which it is collected." AND WHEREAS, the said proposed Amendment was agreed to by two-thirds of all the members elected to each House in the said Ninety-eighth Session of the General Assembly AND WHEREAS, the said proposed Amendment was pub-lished by the Secretary of State three months before the then next General Election, to wit, the General Election of 1922, in three newspapers in each County in the State of Delaware 6 LAWS OF DELAWARE AMENDMENT TO CONSTITUTION Now Thereyore, be it euacted by the Senate and House of Representatives of the State of Delaware in General Assem-bly met (two-thirds of all the members elected to each House of the General Assembly agreeing thereto): Section t. 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 12, A. D. 1923. bar to public LAWS OF DELAWARE 7 CHAPTER 3 AMENDMENT TO CONSTITUTION AN ACT agreeing to the proposed amendment to Article 15 of the Constitution of the State of Delaware providing that no citizen of the State of Delaware shall be disqualified to hold and enjoy any office, or public trust, under the laws of this state by reason of sex. WHEREAS, an Amendment to the Constitution of the State of Delaware was proposed in the Senate in the Ninety-eighth Session of the General Assembly as follows: "AN ACT proposing an Amendment to Article 15 of the Constitution of the State of Delaware, and providing that no citizen of the State of Delaware shall be disqualified to hold and enjoy any office, or public trust, under the laws of this State, by reason of sex. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all tlw members elected to each House concurring therein): Section 1. That Article 15 of the Constitution of the .! iittnrteicninedi n State of Delaware be and the same is hereby amended by Section to adding new adding immediately after Section 9 thereof the following new Section to be known as Section to: Section to. No citizen of the State of Delaware shall Sex no holding be disqualified to hold and enjoy any office, or public trust, office under the laws of this State, by reason of sex." AND WREREAS, the said proposed Amendment was agreed to by two-thirds of all the members elected to each House in the said Ninety-eighth Session of the General Assembly; AND WHEREAS, the said proposed Amendment was pub-lished by the Secretary of State three months before the then 8 LAWS OF DELAWARE AMENDMENT TO CONSTITUTION next General Election, to wit, the General Election of 1922, 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 Assem-bly mct (two-thirds of all the members elected to each House of the General Assembly agreeing thereto): Section r. 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 January [5, A. D. 1923. TITLE THREE State Revenue and Supplies CHAPTER 4 STATE REVENUE MOTOR VEIl ICLES AN ACT to amend Chapter 6, of the Revised Code of the State of Delaware as amended by Chapter 26, Volume 30, laws of Delaware, in relation to fees to be paid for the registration of motor vehicles. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 6 of the Revised Code of the lagZ, 6shencp.. State of Delaware as amended by Chapter 26, Volume 30, Laws of Delaware, be and the same is hereby amended by re-pealing 234A, Section 197A and inserting in lieu thereof a new section to be styled 234A, Section 197A, as follows: 234A, Section 197A. All vehicles trailing after or pro- tatioterrs V eh icle pelled by motor vehicles shall be considered motor vehicles, Registration of and shall be subject to all the provisions of this Chapter, pro-vided, however, that the Secretary of State shall furnish a special tag to be used upon such vehicles, which tag shall con-tain, in addition to what is now _required by law, the letter "T" and shall be affixed to the rear of the trailer, if drawn, Fee and to the front of the trailer, if propelled; and provided fur-ther, that a double registration fee shall be charged for all trailers equipped with metal tires where the combined gross weight of any such trailer and the maximum toad capacity 9 10 LAWS OF DELAWARE C:apat It, MOTOR VEHICLES thereof shall exceed fif teen hundred pounds and provided further, that no trailer of more than five tons capacity shall be registered or used on any public highway of this State. Approved April 28, A. D. 1923. LAWS OF DELAWARE I' CHAPTER 5 STATE REVENUE MOTOR V EHIC LES AN ACT to amend Chapter 6 of the Revised Code of the State of Delaware relating to motor vehicles. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: That Chapter 6 of the Revised Code of the State of Dela- Sec. 1911, tvare be, and the same is hereby amended by the repeal of 236 Relvrsed Code Amended Sec. 199 and the insertion in lieu thereof of the following, ,vhich shall be styled 236, Sec. 199: 236, Sec. 199. No resident of this State, except as orceori.,,,teo est. hereinafter provided, and no non-resident who has not coin- witom issued plied with the laws governing the issue of motor vehicle Opera-tors' licenses of the State in which he resides, shall operate a motor vehicle or motorcycle upon any public street or high-way of this State unless he holds a motor vehicle operator's license or a chauffeur's license issued to him for such purpose by the Secretary of State, provided however that any person over fifteen years of age who has not been refused a license, Age limit or who has not had such license revoked, may operate a mo-tor vehicle, other than a public service motor vehicle contain-ing passengers, outside the corporate limits of any city or town for a period of thirty (30) days while under the instruction Exceptions of, and while accompanied by a licensed operator, who shall be in the front seat and who shall be in control of and who shall assume full responsibility for its operation. No such Appikatio, license shall be issued until the applicant has signed and filed how made with the Secretary of State an application as specified herein-after nor shall such license be issued until the Secretary of State is satisfied that the applicant is over sixteen years of age Examination and is a proper person to be licensed for the purpose intended. Before granting such licenses to any applicant who hasnot Qualifications held a similar license during the preceding year, or who has 12 LAWS OF DELAWARE MOTOR VEHICLES had such license revoked, the Secretary of State for sufficient reason, shall have authority to requite such applicant to be examined for the purpose of demonstrating personally to him, his deputy or to any State or Municipal officer designated by him, in such manner as the Secretary of State may prescribe, that the applicant is a proper person to be licensed for the pur-pose intended and is qualified to operate a motor vehicle with safety. Provided however, that if the applicant's occupation is that of driving a motor vehicle for another for hire and he has not held a license issued to him for this specific purpose during the preceding year, the Secretary of State shall require such applicant to be examined for the purpose of demonstrat-ing personally to him, his deputy or to any State or Municipal officer designated by him, and in such manner as the Secretary of State may prescribe, his knowledge of the requirements of the State motor vehicle laws and local traffic requirements, his familiarity with the mechanism of the vehicle sufficient to permit its safe operation, his ability to speak and understand the English language and to read ordinary road signs, and his qualifications to operate a motor vehicle with safety. In cases where there is reasonable doubt as to the qualifications of the applicant to operate a motor vehicle with safety the examining officer shall have authority to demand a certificate of medical, Service physical or mental condition. Provided further that if such applicant's occupation, regular or casual, is that of driving a public service motor vehicle and no license or permit for this specific purpose was issued to him by the State during the pre-ceding year, the Secretary of State shall further require him to furnish satisfactory evidence under oath that he is of good moral character and that no reason exists for refusing him a permit to drive a public service motor vehicle as hereinafter provided. Form of appli- Application for licenses and permits shall be in writing cation SSeclraetatreyouf pon a blank form furnished by the Secretary of State and nrnish shall contain the name of the applicant, his or her address, age, occupation and such additional information as the Sec-retary of State may require, and it shall contain the statement that the applicant is over sixteen years of age and is qualified Proviso license LAWS OF DELAWARE 13 MOTOR VEHICLES to operate a motor vehicle. It shall be signed by the applicant's own hand, and if the applicant has not held a like license or permit issued by the State for the preceding year, shall be verified by oath or affirmation. Upon receipt of the appli-cation and a fee of Three Dollars and after such examination as is herein provided, the Secretary of State may issue at his discretion a motor vehicle operator's license, or a chauffeur's license, and upon receipt of an additional fee of One Dollar may at his discretion issue a public service motor vehicle ,'eurbmli Service drivers permit. Such permit, however, shall not be issued A" to any applicant under twenty-one years of age. Such licenses Form of and permits shall contain the licensee's name, address, a state-license ment of the purpose for which issued and such other infor-mation as the Secretary of State shall deem proper, but such license shall not be valid and in effect until the licensee has endorsed it with his own signature, and if it be a chauffeur's, until the licensee has permanently affixed to it a clear and recent photograph of himself. The Secretary of State for sufficient reason shall have le: Tee traeriusoef or authority to refuse to issue any form of license or permit to revoke license any applicant or to revoke any such license by him heretofore issued. Provided however, that upon such refusal or revoca- Proviso tion, such applicant shall have a right of appeal to the Court of General Sessions of the County in which he resides, but in the case of revocation such appeal shall not operate as a stay. On and after the first of January, 1924, no person shall puenblsice alercv.ice operate a public service motor vehicle transporting passengers twe when for hire upon any public street or highway of the State until he shall have obtained and is in possession of a public service motor vehicle driver's permit issued to him by the State, and no person whose occupation is that of driving a motor vehicle for a resident of the State for hire shall operate such motor vehicle upon any public street or highway of the State until he shall have obtained and is in possession of a chauffeur's license issued to him by the State. Any persol who shall violate any provision of this sec- Penalty 4 LAWS OF DELAWARE MOTOR VEHICLES tion upon conviction thereof before a Justice of the Peace of the County or before the Municipal Court of the City of Wilmington, shall be fined not less than Twenty-five Dollars, nor more than One Hundred Dollars ($roo.00) for the first offense, and for each subsequent offense shall be fined not less than Fifty Dollars, nor more than One Hundred Dollars ($10o.00), or be imprisoned for not more than thirty (30) clays, or both. Any person who shall wilfully make any mis-statement in his application for license or permit or during any exami-nation provided for in this Section shall be deemed guilty of a misdemeanor and shall be fined or imprisoned, or both, at the discretion of the Court, and any license so issued to him shall be forthwith revoked by the Secretary of State. Approved March 27, A. D. 1923. False statement Misdemeanor Penalty LAWS OF DELAWARE 15 CHAPTER 6 STATE REVENUE MOTOR VEHICLES AN ACT to amend 238, Section 201 of Chapter 6 of the Revised Code of the State of Delaware, in relation to motor vehicles, as amended by Chapter 2, Volume 31, Laws of Delaware. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: That Chapter 6 of the Revised Code of the State of Dela-a8a,p.sgc. 201, ware be, and the same is hereby, amended by the repeal of att.% insacild Code 238, Section 201, as amended by Chapter 2, Volume 31, Laws of Delaware, entitled "An Act to Amend Chapter 6 of the Revised Code of the State of Delaware, in relation to Motor Vehicles" by the repeal of 238, Section 201, as amended and by substituting 11-1 lieu thereof the following, which shall be styled "238, SeC110D 201." 238, Section 20 I. Motor Vehicles, operated by manufac- Manufacturers turers or dealers for the purpose of testing, selling, or demon- and Dealers strating, or for any other purpose except for hire or com-mercial purposes, shall be exempt from the necessity of in-dividual registration, provided said manufacturer or dealer has taken out a license to engage in the business of purchasing and selling produce. goods, wares and merchandise, and such Tags manufacturer or dealer registers with the Secretary of State, in the "Dealer's Class." 'The application for such registration shall state the number of cars to be registered and shall be made upon a blank, provided for the purpose by the said Sec-retary of State, and shall state the name, business, and the place of business of the applicant, and the number of said li-cense so taken out by him, and shall be certified by oath or affirmation. For each car registered a fee of twenty-five dol- Fee lars shall be paid the Secretary of State, who shall issue a cer-tificate of registration for each car registered, and provide, at the expense of the State, two pairs of tags for each registra-tion which shall contain numbers of registration not less than Additional lags MOTOR VEHICLES four inches in height, the year and the words "Delaware Deal-er." No more than-one motor vehicle may be operated at the same time under the same registration number. Such car shall Cary b onsl yop erlai-t ed be operated only by licensed drivers, who shall have authority censed drivers to operate motor vehicles bearing the said tags for the purpose of testing, selling, or demonstrating, or for any other purpose except for hire or commercial purposes ; provided, that the Proviso Secretary of State shall not issue a Dealer's License to any person, firm or corporation without an affidavit being first filed stating that such person, firm or corporation is a bona fide dealer in automobiles or motor vehicles, and provided further, that such dealer's registration tags shall not be used .upon any jitneys, taxicabs or other motor vehicles used for hire. Any such manufacturer or dealer may procure additional - registration fags, upon making additional application in the same manner as the aforesaid application was made, and pay-ing an additional fee of Ten Dollars for each additional regis-tration and each additional pair of tags desired. Approved February 23, A. U. 1923. LAWS OF DELAWARE LAWS OF DELAWARE 17 CHAPTER 7 STATE REVENUE MOTOR VEHICLES AN ACT to amend Chapter 6 of the Revised Code of the State of Delaware in relation to the operation of motor vehicles. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of the members elected to each branch concurring therein): That Chapter 6 of the Revised Code of the State of Dela- 239. S. 202, ware be, and the same is hereby amended by the repeal of 239, ft:%d6,Code ed Sec. 202, and inserting in lieu thereof the following, which Amend shall be styled 239, Sec. 202: 239, Sec. 202. No person shall operate a motor ye" oi:1t°,21`..ate'l hide while under the influence of intoxicating liquor or of >e rs any drug. Any person who shall violate the provisions of this Section shall be deemed guilty of a nuisance and shall be fined not less than One Hundred Dollars nor more than Five Hundred Dollars, or imprisoned not more than one year, or both, for the first offense, and for any subsequent offense shall be fined_ not less than Two Hundred Dollars nor more than PefmitY One Thousand Dollars, and shall be imprisoned not less than three months -nor more than one year. Any Justice of the Peace of the State or the Judge of the Municipal Court of the City of Wilmington shall have power and jurisdiction to hear and determine the offense created by this Section. Upon conviction of any one for this offense, the Justice of the Peace or the Judge of the Municipal Court for the City of Wilming-ton shall certify the facts and record in the case to the Secre-tary of State, who shall forthwith revoke the license of the party so convicted for a period of one year, or in case the offense is committed by a person operating a motorcycle, the registration of such motorcycle shall be canceled and none re-issued to the said guilty party for a period one year after Secretary of such cancellation. After a license or registration shall have sstgteueneontseto is-been so revoked, the Secretary of State shall have power and when MOTOR VEHICLES Approved March 23, A. 0. 1923. LAWS OF DELAWARE authority not to issue another license to such person so con-victed until such a person shall satisfy the Secretary of State that he has been of good behavior from the time that his license was so revoked, up until he makes application for the issuance of another license. Provided, however, that in case the Secretary of State shall refuse to issue a license to such convicted person after a period of one year from the time that his license was so revoked, the said applicant shall have a right Appeal when of appeal to the Court of General Sessions of the County wherein he resides. T8 Proviso LAWS OF DELAWARE CHAPTER 8 STATE REVENUE MOTOR 'VEHIC LES AN ACT to amend Chapter 6, of the Revised Code of the State of Delaware in relation to motor vehicles. Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met: 240, See. 203, Chap. 6, .1hat Chapter 6 of the Revised Code of the State of Dela- i.tt;(1.;;ie,IleaCode ware as amended by Chapter 18, Volume 29, Laws of Dela-ware, be and the same is hereby amended by the repeal of 240, Section 203, thereof and the insertion in lieu thereof of the following Section which shall be styled 240, Section 203: Operation um der proper 240, Section 203. No person having been licensed shall Registration operate a motor vehicle under another license, nor operate an and number unregistered motor vehicle. No motor vehicle shall be oper-ated under any other number than that of its registration. No wGreogt load motor vehicle whose gross load weight shall exceed 22,000 pounds shall be operated in this State by reason of any pro-vision whatever contained in Section 197 of this Chapter. Approved March 24, A. D. 1923. 20 LAWS OF DELAWARE CHAPTER 9. STATE REVENUE MOTOR VEHICLES AN ACT to amend Chapter 6 of the Revised Code of the State of Delaware regarding the operation of motor vehicles. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Sec. 208, That Chapter 6 of the Revised Code of the State of Dela- Chap. 6, Revised Code ware be, and the same is hereby amended by the repeal of 245, Amended Sec. 208, and inserting in lieu thereof the following, which shall be styled 245, Sec. 208. Turning to 245, Sec. 208. Whenever a person operating a motor right upon meeting and to vehicle, or any person riding, driving or leading a horse, horses left upon over-taking or other draft animals, shall meet any other vehicle or other draft animals, the operators, drivers or persons having such animals in charge, shall reasonably turn to the right of the center of the said highway, so that such vehicle or animals may pass without interference, and the driver of any vehicle overtaking any other vehicle or draft animals being led, ridden or driven upon any public highway, shall pass to the left there-of ; the driver of such vehicle or persons having charge of such animals so overtaken, shall turn to the right of the center of the road to allow free passage to the left. Provided further Proviso that no operator or driver shall pass a vehicle from the rear while it is crossing an intersecting street or highway, nor shall he pass it from the rear at the top of a hill or on a curve un-less he has an unobstructed view ahead for at least five hundred feet. Approved March 23, A. D. 1923. LAWS OF DELAWARE 21 CHAPTER io STATE REVENUE MOTOR VEHICLES AN ACT to regulate the operation and speed of motor vehicles. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of the members elected to each branch concurring therein): That Chapter 6 of the Revised Code of the State of Dela- 246, Sec. aon, ware be, and the same is hereby amended by the repeal of 246, iAince(td.C otic Sec. 209, and the insertion in lieu thereof the following which mend shall be styled 246, Sec. 209: 246, Sec. 209. No person shall operate a motor ye- Rates of speed hide upon any public street or highway of the State recklessly owiLditeLrcertain or at a rate of speed greater than is reasonable and proper, conditions having regard to the width, traffic and use of the street or highway, the intersection of streets or highways and weather conditions, the weight of the vehicle and the condition of its brakes, or so as to have caused a collision with the person or property of another, or so as to endanger the life or limb of another. Any person who shall violate any of the provisions penalty of this Section shall be fined not less than Twenty-five nor more than One Hundred Dollars, or be imprisoned not more than thirty days, or both, for the first offense, and for each subsequent offense shall be fined not less than One Hundred nor more than Two Hundred Dollars, or be imprisoned not more than one year, or both. If the rate of speed of a motor vehicle operated on any public street or highway within this State exceeds thirty-five miles an hour for a distance of one-quarter of a mile, or if such rate of speed exceeds twenty-five miles an hour for one-quarter of a mile through the thickly settled portion of any town or City where the buildings average for such distance less than one hundred feet apart, such rate of speed shall be speed 32 LAWS OF DELAWARE MOTOR VEHICLES deemed prima facia evidence that the person operating such motor vehicle is operating the same in violation of the provi-sions of this Section. Rate of speed of Commercial vehicles If the rate of speed of any commercial motor vehicle not equipped with pneumatic tires, exceeds the rate of twenty miles per hour on any street or highway, or eight miles per hour on any movable bridge, it shall be prima facia evidence of a violation of the provisions of this Section. Approved March 26, A. D. 1923. LAWS OF DELAWARE 23 CHAPTER ir STATE REVENUE MOTOR VEHICLES AN ACT to amend Chapter 6 of the Revised Code of the State of Delaware in relation to motor vehicles. Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met (two-thirds of the members elected to each branch concurring therein): Section r. That Chapter 6 of the Revised Code of the tr, set State of Delaware as amended by Chapter 21, Volume 29, lily ;Code Laws of Delaware, be and the same is hereby amended by add- mem e( ing to 249, Section 212 thereof a new paragraph as follows : Provided, however, that all the fines, penalties and for- N"A1.4"1-a. feitures imposed and collected in any County of this State for martgt Depart. violation of any of the laws of this State in relation to motor vehicles where the arrests are procured by the authorized rep-resentatives of the State Highway Department shall inure and be paid to the State Treasurer for the use of the State Highway Department. Such fines, penalties and forfeitures shall be collected as other fines, penalties and forfeitures are collected under the laws of this State and the officers collect-ing the same shall make a monthly report thereof to the State Treasurer on blanks to be furnished for that purpose by the State Highway Department. Approved April 28, A. D. 1923. Highway Police and Automobile Inspector to seize motor vehicle when Secretary of State to bold for identifica. lion Secretary of State to hold and deliver to rightful owner Length of time to be held 254G, Section 217G. Any member of the State Highway Police or any Automobile Inspector shall after the passage of this Act be clothed with the authority and have the right and are hereby directed to summarily seize in the name of the State and take from any person having in his or her posses-sion any motor cycle or motor vehicle from which the manu-facturers serial number or any other .manufacturers trade or distinguishing number or identification mark has been re-moved and effaced, changed, covered or destroyed, and such officer making said seizure shall at once deliver such motor cycle or motor vehicle to the Secretary of State, who is hereby empowered to hold said motor vehicle until he shall have deter-mined the true owner thereof. Whereupon said Secretary of State shall apprise such true owner of the fact that he has in his possession such motor cycle or motor vehicle and said Secretary of State shall deliver the same to the rightful owner thereof. Said owner first paying to the Secretary of State the cost of such delivery. The Secretary of State shall be required to hold in his possession any motor cycle or motor vehicle seized as afore-said for at least ten days after such seizure, during which time the person from whom the same was taken shall have the right to replevy the same. Approved April 27, A. D. 1923. 24 LAWS OF DELAWARE CHAPTER 12 STATE REVENUE - MOTOR VEHICLES AN ACT to amend Chapter 8 of the Revised Code of Delaware in relation to motor vehicles. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: 35,1(l, Sec. Section I. That Chapter 6 of the Revised Code of Dela- 217G, Chap. 6, 1. cnv,ei=dCode ware be and the same is hereby amended by adding after 254F, Section 217F, a new Section to be styled "254G, Section 217G" to read as follows : LAWS OF DELAWARE CHAPTER 13 STATE REVENUE MOTOR VEHICLES AN ACT to amend Chapter 6 of the Revised Code of the State of Delaware in relation to motor vehicles. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: That Chapter 6 of the Revised Code of the State of Dela-ware be, and the same is hereby amended by adding thereto the following new Section 254P. Sec. 2[7P. Operator to have r ight 254P. Sec. 217P. The operator or driver of a vehicle way when of upon any street, road or alley within this State shall have the right of way over the operator or driver of another vehicle who is approaching from the left on an intersecting street, road or alley ; and shall give the right of way to an operator Proviso or driver of a vehicle approaching from the right on an inter-secting street, road or alley; provided, however, that wherever traffic officers are stationed they shall have full power to regu-late; provided further, however, that on any principal high- State Highway Department to way outside the limits of any City or town, the State High- regulate way Department shall have the right to declare that vehicles traveling on such principal highway shall have the right of way over vehicles approaching said principal highway from To erect signs intersecting roads, and provided further that the State High-way Department shall erect and maintain wherever it is deemed necessary, clear and legible signs- requiring motor vehicles be-fore driving into or across such Highway to slacken speed or to come to a full stop as the sign shall specify or require. Approved March 23, A. D. 1923. 25 254P, Sec. 2171', Chap. 6, Revised Code Amended 26 LAWS OF DELAWARE Preamble Preamble Preamble Preamble Preamble CHAPTER 14 STATE REVENUE GASOLINE TAX AN ACT to provide a portion of the revenue necessary for the con-struction, re-construction and maintenance of the public highways of the State by imposing a tax on motor fuels as herein defined, to be paid by dealers as herein defined, with certain rights to refunds as herein set forth, regulating the sale of such fuels, providing for the reports of sales of such fuels, for the collection of said tax by the State Treasurer, and for the disposition of the revenue derived therefrom. WHEREAS, the present system of charging license fees for the regulation of motor vehicles w;is designed in part to equalize the burden of constructing, reconstructing and main-taining the public roads and highways of the State of Dela-ware by imposing said burden upon those deriving special benefits therefrom ; and Wii EREAS, the method of raising revenue for said pur-pose, as outlined in this Act, will more equitably and generally distribute such burden; and WHEREAS, it is deemed that there is a direct relation between the use of highways by motor vehicles and the quan-tity of motor vehicle fuels consumed in furnishing the motive power thereof as well as a direct relation between the weight of the motor vehicles using such highways and the distance which such motor vehicles will travel by such motive power per unit of weight ; and WHEREAS, it is deemed that the weight of the motor ve-hicle and the distance traveled have a direct bearing on the damage to the highways and the wear thereof ; and WHEREAS, it is deemed that the speed at which the mo-tor vehicle is driven over the highways has a direct bearing on the damage to the highways and the wear thereof ; and LAWS OF DELAWARE 27 GASOLINE TAX WHEREAS, laws now in force have taken into considera-Preamble tion the effect of the weight of a motor vehicle and the speed they attain; and ' WHEREAS, it is deemed proper by the Legislature that Preamble the aforesaid burden of constructing, reconstructing and main-taining the public roads and highways of the State should be equitably and generally distributed among those who will be benefited more directly by the expenditure of the revenue de-rived from this Act; and WHEREAS, such a result, in the judgment of the Legis- Preamble lature, %yin be accomplished by levying a tax on the quantity of motor fuel purchased for use in propelling motor vehicles on the public roads and highways of the State, as hereinafter provided; and WHEREAS, it is considered and deemed that a tax levied Pre"mble upon each gallon of motor vehicle fuel purchased for use in motor vehicles is the equivalent of and in its practical effect a license fee and tax upon the motor vehicle itself, and the measure of the use of the highways is in direct relation to the amount of motor vehicle fuels consumed in furnishing the mo-tive power of motor vehicles and, with the license fees and taxes provided by other laws of the State of Delaware, the tax herein provided renders more nearly perfect the proper compensation to be paid by the owners of motor vehicles for the use of facilities provided at great cost for the class for whose needs such vehicles are essential and, in their operation, are peculiarly injurious to the highways of the State; and WHEREAS, it is found that the practicable effect of the Preamble levying of a tax on motor vehicle fuels sold by the dealers is that the tax is in fact collected from the consumer, by being added to the price of such fuel, and the burden of the tax paid by the dealer is passed on to and paid and borne by such ulti-mate consumer, and, accordingly, that the consumer who uses such motor vehicle fuel in motor vehicles and for the operation thereof is in practical effect paying a license fee and tax upon the motor vehicle itself ; and Preamble l'reanible WHEREAS, it is deemed equitable and proper that persons purchasing motor fuels for purposes other than consumption and use in furnishing the propelling power for motor vehicles used or intended to be used in whole or in part upon the high-ways of this State should have refunded to them any money which they may be required to pay by reason of the tax pro-vided for by this Act ; and WHEREAS, the successful operation of such motor ve-hicles over the public roads and highways of the State depends in large measure upon the proper construction, reconstruction and maintenance of such roads and highways; now, therefore, Be it enacted by. the Senate and House of Representatives of the State of Delaware, in General Assembly met: Gasoline Tax Section 1. That the following words, terms and phrases in this Act are, for the purposes hereof, defined as follows : Nlotord Vehicles (a) "Motor vehicles" shall include all vehicles, engines define or machines, movable or immovable, which are operated or propelled by internal combustion of gasoline, distillate or other volatile and inflammable liquid fuels. Fuels Motor vehicle (b) "Motor vehicle fuels" are such fuels known as gaso- defined line and such other volatile and inflammable liquids produced or compounded for the purpose of operating or propelling motor vehicles, except the product commonly known as kero-sene oil. Dealer defined (c) The term "Dealer" is hereby defined as any person, firm or corporation who imports or causes to be imported gas-oline and such other volatile and inflammable liquids pro-duced or compounded for operating or propelling motor ve-hicles, as herein defined, for use, distribution or sale and de-livery in and after the same reaches the State of Delaware; and also any person, firm or corporation who produces, re-fines, manufactures or compounds such fuel in the State of Delaware for use, distribution or sale and delivery therein. 28 LAWS OF DELAWARE GASOLINE TAX LAWS OF DELAWARE 29 GASOLINE TAX Section 2. That, after the expiration of thirty days after When effective the approval of this Act, each and every dealer as defined herein who is now engaged or who may hereafter engage in Dealers to his own name, or in the name of others, or in the name of his rgtastteaweeat.,i! representatives or agents in this State, in the sale or use of urcr monthly motor vehicle fuel as herein defined shall, not later than the last day of each calendar month, render to the State Treasurer a statement of all motor vehicle fuel sold or used by him or them in this State during the preceding calendar month, and itte of tax pay a license tax of one cent per gallon until and includ-ing the Thirty-first day of December, A. D. 1923, and there-after a license tax of two cents per gallon, on all motor ve-hicle fuel as shown by such statement in the manner and within the time hereinafter stipulated. Section 3. That all dealers in motor vehicle fuels in the Certificate to State of Delaware shall file a duly acknowledged certificate srtatcie(1:r"ciii slur. with the State Treasurer on forms prescribed, prepared and furnished by the said State Treasurer, which shall contain the name under which such dealer is transacting business within this State, the names and addresses of the several persons con-stituting the firm or partnership and, if a corporation, the cor-porate name under which it is authorized to transact business and the names and addresses of its principal officers, resident If dealer general agent and attorney-in-fact. If such dealer is an asso- Irltioiit rccd t ciation of persons, firm, partnership or corporation organized us 1otl, under the laws of another State, terrritory or country, if ...ceorm'State;ittyltist has not already done so, it must first comply with the laws ofigir r within this State relating to the transaction of its appropriate busi-sixt; (lays ness in this State. No dealer, as herein defined, shall, after the expiration of sixty days after the approval of this Act, sell, use or distribute any motor vehicle fuel until such certifi-cate is furnished as required by this Act. Section 4. That, after the expiration of thirty days after ctlyt:r clehair e% the approval of this Act, every dealer in motor vehicle fuels rsetnacti:5 shall render to the State Treasurer, on or before the last day u tr°e r State of each calendar month, on forms prescribed, prepared and furnished by the said State Treasurer, a sworn statement of the number of gallons of motor vehicle fuel sold or used by 30 LAWS OF DELAWARE GASOLINE TAX him or them during the preceding calendar month, which state-ment shall be sworn to by one of the principal officers, in case of a domestic corporation, or by the resident general agent or attorney-in-fact or by a chief accountant or officer, in case of a foreign corporation, or by the managing agent or owner in case of a firm or association, and shall contain a statement of the quantities of motor vehicle fuel sold or used within the State of Delaware from his or their respective d places of business. Bills shall be rendered to all purchasers Bills rendere Ii: dealers to of motor vehicle fuel by dealers in motor vehicle fuels, as purchasers herein defined, except in cases of retail sales where exemption is not claimed by the purchaser under the terms of this Act. Said bills shall contain a statement printed thereon in a con- To a,,unie spicuous place that the liability to the State for the license tax abi lit v to State for t:tx herein imposed has been assumed and that he or they will pay said license tax on or before the last day of the next succeed-ing month. Lpiaciedn stoe Stataxt e Section 5. That said license tax in respect to motor ye- Treasurer hide fuels sold or used in any calendar month shall be paid when on or before the last day of the next succeeding month to the State Treasurer, who shall receipt to the dealer therefor. The State Treasurer shall create a special fund of the money so received by him and shall disburse the same as other moneys To he used benefit of tf re are disbursed and applied by the State Treasurer under the I I ighways provisions of Section 14 of Chapter 63, Volume 29 of the Laws of Delaware, as amended by Chapter 54, Volume 32 of the Laws of Delaware, provided, however, that the State Treasurer, out of said money, shall retain in his hands at all retai t times such sum, not exceeding $3,000.00, as, in his judgment, ied shall be sufficient to enable him to pay promptly all claims for refunds, as in this Act provided for. Records sub. Section 6. That the records of all purchases, receipts, Ject to inspec tIion ,b,?; eit"te sales, distribution and use of motor vehicle fuel of every dealer shall at all times during the business hours of the day be subject to inspection by the State Treasurer, or by any agent or employee duly authorized by him. LAWS OF DELAWARE 31 GASOLINE TAX Section 7. That it shall be unlawful for any person, firm rUctclehitvwef ttlitpo. or corporation and any retail dealer or distributor of motor statement con-commerce from any dealer, or pay for the same, or sell or vehicle fuel to receive and accept any shipment in intra state forms to Sec. tion 4 offer the same for sale, unless the statement provided for in Section 4 hereof appears upon the invoice of said shipment. If any shipment ig received in intra state commerce by any person, firm or corporation or retail dealer or distributor, from any dealer, or is sold or offered for sale by him or them, upon the invoice of which said statement does not appear, such per-son, firm or corporation or retail dealer or distributor shall pay to the State Treasurer the tax herein imposed or be liable to!,;;;1,1,1e for tax the State of Delaware for double the amount of the license tax which may be recovered by a civil suit or action that may be brought in the name of the State Treasurer in any Court of competent jurisdiction. Section 8. That said license tax shall not be imposed on Tax motor vehicle fuels when exported or sold for exportation motorexypeolriitcel from the State of Delaware to any other State or country. from State Section 9. That any person, firm, or corporation who Exemption shall buy or use any motor vehicle fuel as defined in this Act for the purpose of operating or propelling stationary gas en-gines, tractors used for agricultural purposes, motor boats, air planes or air craft, or who shall purchase or use any of such fuels for cleaning or dyeing or other commercial use except in motor vehicles operated or intended to be operated in whole or in part upon any of the public highways of this State, on which motor fuel the tax imposed by this Act shall have been paid, shall be reimbursed and paid the amount of such tax paid no,a, by him upon presenting to the State Treasurer a statement who) accompanied by the original invoices showing such purchase, which statement shall set forth the total amount of such fuel so purchased and used by such consumer other than in motor vehicles operated or intended to be operated upon any of the public highways of this State, and the said State Treasurer, upon the presentation of such statement and vouchers, shall cause to be repaid to such consumer, from the taxes collected 32 LAWS OF DELAWARE GASOLINE TAX on motor vehicle fuels, the said taxes paid on fuels purchased or used other than for motor vehicles, as aforesaid; provided 'reirilnicda Vend for or that applications for refunds as provided herein must be filed dwaiyths in ninety with the State Treasurer within ninety days from the date of purchase or invoice. Violation Section 10. That any dealer, person, association of per-sons, firm or corporation violating any of the provisions of this Act, or any person, firm or agent of any corporation who False state- shall make any false statement in connection with an applica-ment tion for the refund of any money or tax as provided for in this Act, or who shall collect or cause to be repaid to him or to any other person ally tax without being entitled to the same under the provisions of this Act, shall be deemed guilty of NI i..denwanor a misdemeanor and upon conviction thereof shall be punished by a fine of not more than One Thousand Dollars ($F,000.00) Penalty or by imprisonment for not more than six months, or by both such fine and imprisonment, in the discretion of the Court. State Treasur. Section i t. That it shall be unlawful for the State Treas- er must not disch''e con- urer, or any of his agents, deputies, assistants or employees, tents of re. ports to disclose, except when required so to do in a Court of Law, the amount of tax paid in pursuance of the terms of this Act by any dealer or dealers, or any other information contained in the reports filed by any dealer or dealers under the terms of this Act, and any person violating the provisions of this Sec- M isdeincanor tion shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than Five Penalty Hundred Dollars ($5oo.00) or by imprisonment for not more than three months, or by both such fine and imprisonment, in the discretion of the Court. l'art Of Act Section 12. That if anyS ection, sub-division, sentence void does not affect the vat- or clause in this Act shall, for any reason, be held unconstitu- idity of other portions tional or void, such decision shall not affect the validity or meaning of any other portion of this Act. Approved March 22, A. D. 1923. LA WS OF DELA \V ARE 33 CHAPTER 15 STATE REVENUE FISHING BOATS AN ACT providing for the licensing of fishing and pleasure boats. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. It shall be unlawful for any non-resident of Non-residents this State to engage in the business of carrying fishing parties, le ptaortiteasx I i for hire, from the shores of this State, for the purpose of fishing in the waters of the Delaware River or Bay, without first obtaining a license therefor, from one of the Clerks ofiLiyiczseerkisssoufed the Peace of this State. Peace The applicant shall pay for such license the sum of Five ttamdo unt to be Hundred Dollars ($5oo.00) such license shall be dated on the day of issue and shall authorize the holder thereof to engage in the business aforesaid until the first day of June next fol- Teem lowing. Section 2. Any person or persons violating any of the violation provisions of this Act shall be guilty of a misdemeanor and Misdemeanor upon conviction thereof shall be fined in a sum not exceeding Five Hundred Dollars ($5oo.00) and shall be imprisoned for PeualtY a term not exceeding one year, in the discretion of the Court. Approved March 14, A. D. 1923. 34 LAWS OF DELAWARE CHAPTER 16 INCOME TAX AN ACT to amend an Act entitled "An act to Provide Revenue for School Purposes" being Chapter 9 of Volume 32, Laws of Dela-ware. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Sec. 21, (lia. Section 1. That Paragraph 3 of Section 21 of Chapter 9, VIII. 12, A11111911,1 9 of Volume 32, Laws of Delaware, be and the same is hereby amended by striking out all of said Paragraph 3 and inserting in lieu thereof a new Paragraph 3 under said Section 21 to read as follows: Certain Corfu,- "3. In the payment of taxes credit shall be allowed the ration. allowed credit when following corporations for taxes actually paid to the State of Delaware other than for a certificate of incorporation or for a certificate of increase of capital stock, during the same year,. canal, telegraph, telephone, electric light, heat and power com-panies, water and gas companies, cable companies, oil or pipe line corporations, parlor, palace or sleeping car corporations, and other foreign or domestic public service corporations. This paragraph is retroactive and the Tax Commissioner is Retroactive Tax Commis- hereby authorized to enforce the sante as though it had been 1011er to enforce in effect at the time of the enactment of said Chapter 9 of Volume 32, Laws of Delaware." Sv. cVo. 6, 32, 9l. Chap. Section 2. That said Chapter 9 of Volume 32, Laws of Mended Delaware, be and the same is hereby further amended by striking out all of Section 6 under Article i and inserting in lieu thereof a new Section 6 to read as follows: Taxable to make a return "Section 6. Every taxable shall make a return upon o1n ,.p,,r intpedr printed forms provided by the Tax Department, stating spe-videil cifically the items of gross income, if any, the deductions and such other facts as said Tax Department may require. The LAWS OF DELAWARE 35 INCOME TAX return required by this Section may be made for such persons, iRyettlavtraut when such persons are unable to make such returns, by some ourndlg oaanrer other person who shall make oath that he has sufficient knowl-edge of the affairs of the taxable for whom he makes the return to make such return and that the return is true and correct ; such persons so making a return for another shall incur the penalties provided for erroneous, false or fraudulent returns. When such return, however, is made by the taxable such taxable shall certify to the truth and correctness of such ,T,itrlet dnot re. return, and should such return or any part thereof prove aTede by tax-false or fraudulent such taxable certifying as aforesaid shall incur the penalties provided for erroneous, false or fraudulent returns. Women receiving mothers' pensions, inmates of alms- Exemptions houses and other charitable institutions, persons receiving out-side support from trustees of the poor and persons who, be. because of age, infirmity or mental disability, are wholly de-pendent for support need make no returns nor pay any tax under this Act." Section 3. Further amend said Chapter 9 of Volume 32, ,ecr;%.,C,hal). Laws of Delaware, by striking out all of Paragraph 4 of Sec- ,\ mended tion 28 and inserting in lieu thereof a new paragraph to read as follows : "4. The Tax Department shall have power to compro- nTiaexnt Dt oe pacrottn mise any penalty for which it is authorized to bring action reTanilts; a" under the foregoing provisions, and all penalties collected by said Tax Department either by compromise or suit shall be paid to the State Treasurer and shall be available for the use of said Tax Department to employ additional help or other- Piseentrltdoesr taodr wise increase its efficiency, and shall be paid out by the State ""al help Treasurer upon warrants signed by the Tax Commissioner, countersigned by the Secretary of State, and approved by the Auditor of Accounts ; should any excess remain at the end of u not used by the fiscal year the same shall go into and become a part of the lac 1?oe part revert school funds." tfou ntdhse school Approved April 3, A. D. 1923. LAWS OF DELAWARE CHAPTER 17 INCOME TAX AN ACT authorizing the State School Tax Commissioner to repay certain advances. WHEREAS, by the General Appropriation Acts passed by the General Assembly of the State of Delaware at its session in 1921 a total of fifty-five thousand dollars ($55,000.00) was appropriated for the State School Tax Department of the State of Delaware, twenty-seven thousand and five hundred dollars ($27,500.00) being carried by the General Appropria-tion Act for the year 1921, and a similar sum of twenty-seven thousand and five hundred dollars ($27,500.00) being carried by the General Appropriation Act for the year 1922; AND WHEREAS, by reason of the fact that the statute creating the State School Tax Department did not become operative until the first day of November, 1921, the aforesaid total appropriation of fifty-five thousand dollars ($55,000.00) covered the period of fourteen months, namely, from the first day of November, 1921, to the thirty-first day of December, 1922, and was ample for said period, but owing to the fact that by operation of law all moneys appropriated under the General Appropriation Act of 1921, not expended in that year, reverted into the general funds of the State, a large portion of the amount so appropriated to the State School Tax Depart-ment for the year 1921, namely, eleven thousand five hundred and thirty-six dollars and two cents ($11,536.02) reverted into the general funds of the State at the end of the said year 1921, and of the appropriation for 1922 a portion of the amount so appropriated to said Department for that year, namely, one thousand four hundred and twenty-two dollars and ten cents ($1422. to) could not be used and also reverted into the general funds of the State at the end of said year 1922, leaving an insufficient amount for the said Department for said year 1922. 36 Preamble Preamble INCOME TAX AND WHEREAS, by reason of the facts aforesaid the said Preamble State School Tax Department having insufficient funds to operate during the year 1922 was advanced by the Farmers Bank of the State of Delaware the sum of twelve thousand two hundred and fifty-three dollars and eighty-four cents ($12,253.84) ; Now, therefore, be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly ,net: Section 1. That the State School Tax Commissioner be Vaaxt eSchool and he is hereby authorized and directed to pay out of any siaoynnerentot tirke funds to his credit or to the credit of the State School Tax Earrmfeurnsd' sBank Department the sum of twelve thousand two hundred and advanced fifty-three dollars and eighty-four cents ($12,253.84) to the Farmers Bank of the State of Delaware in payment of the sums heretofore advanced by the said Bank to the said State School Tax Department. Approved April 17, A. D. 1923. LAWS OF DELAWARE 37 -----_-_-- 38 Preamble Preamble Preamble LAWS OF DELAWARE CHAPTER i8 INCOME TAX AN ACT providing for the return to taxables of monies improperly collected on incomes accrued during the year 1919. WHEREAS, by an Act of the General Assembly of the State of Delaware entitled "An Act to amend Chapter 6 of the Revised Code for the State of Delaware, by providing for an Income Tax" approved April 2, 1917, being Chapter 26 of Volume 29 of the Laws of Delaware, rentals of real estate and gains or profits derived from agricultural operations were exempted from the payment of an income tax, and the sum of One Thousand Dollars ($1,000.00) out of the income of each taxable was allowed as a deduction on incomes taxed under the provisions of said Act, and taxes paid by the tax-able within the year imposed by the authority of the United States, or its territories, or possessions, or in foreign country, or under the authority of any State, County, School District, Municipality or other taxing sub-division of any State were also allowed as deductions on incomes taxed under the pro-visions of the said Act ; AND WHEREAS, by a subsequent Act of the said General Assembly of the State of Delaware entitled "An Act to amend Chapter 26, Volume 29 of Laws of Delaware entitled "An Act to amend Chapter 6 of the Revised Code of the State of Delaware by providing for an income tax" said subsequent act of the General Assembly having been approved April 2, 1919, and being Chapter 30 of Volume 30 of the Laws of Delaware, the aforesaid Act was changed and modified, and the aforesaid exemption and deduction features therein were altered, such alterations being declared to take effect on the first day of January, 1920; AND WHEREAS, after the approval of the later Act a difference of opinion arose on the question whether incomes that had accrued during the year 1919 were subject to the exemptions and deductions provided for in Chapter 26 of LAWS OF DELAWARE 39 INCOME TAX Volume 29 of the Laws of Delaware aforesaid, or to the ex-emptions and deductions provided for in Chapter 30 of Vol-ume 30 of the Laws of Delaware aforesaid; AND WHEREAS, a number of taxables made their reports Preamble and paid taxes on income accrued during the year 1919 as if the provisions of Chapter 30 of Volume 30 of the Laws of Delaware applied to such incomes, and the State Treasurer acting upon the advice of the then Attorney General of the State accepted and required payment on such basis: AND WHEREAS, the Attorney General of the State of Preamble Delaware has since given an opinion that the provisions of Chapter 30 of Volume 30 of the Laws of Delaware aforesaid were not applicable to income that accrued during the year 1919 but that as to such incomes the provisions of Chapter 26 of Volume 29 of the Laws of Delaware were in force; Preamble AND WHEREAS, it appears from the facts aforesaid that monies have been paid into the Treasury of this State by certain taxables to which the State had no legal or valid claim; Now, therefore, be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That every taxable in this State who paid to i.tat.a the Treasurer of this State an income tax on income accrued to iaxables thc exemptions during the year 1919 without being allowed the exemptions '°1' in and deductions authorized by the provisions of Chapter 26 of Volume 29 of the Laws of Delaware, shall be entitled to receive out of the Treasury of this State a sum equal to that which said taxable paid by reason of not being allowed the authorized exemptions and deductions aforesaid ; and the State Treasurer is hereby authorized and directed upon satisfactory proof of payment by such taxable as aforesaid, to refund to such taxable the amount aforesaid. Approved March 28, A. D. 1923. LAWS OF DELAWARE CHAPTER 19 STATE REVENUE APPROPRIATIONS AN ACT making appropriations for the expenses of the State Govern-ment for the period commencing on January 1, 1923 and ending June 30, 1923. Be it enacted by the Senate and House of Representatives of the State of Delaware in Gene.-al Assembly ?net: - (1,t°17,aihe Section 1. That the several amounts named in this Act Period ending or so much thereof as may be necessary, are hereby appropri- j WIC 30, 2 9.23 ated and authorized to be paid out of the State Treastiry of this State, to the respective public officers of the respective departments and divisions of the Government and other spec-ified spending agencies, for the period commencing on the first day of January, 1923 and ending on the thirtieth day of June, 1923; provided, however, that all parts or por-tions of the several sums appropriated by this Act, which on the thirtieth day of June, 1923, shall not have been paid out of the Treasury, shall be returned to the general fund of the Treasury. The said several sums hereby appropriated are as follows: For salaries of State Senators $10,320.00 For salaries of State Representatives 21,120.00 For officers and employes of the General Assem-bly 20,000.00 For postage stamps for the General Assembly 1,310.00 For traveling expenses of Senators and Represen-tatives 12,350.00 For printing 12,200.00 For supplies of the General Assembly 5,600.00 For claims 3,500.00 For telephone service 600.00 Legislature A-I LEGISLATURE LAWS OF DELAWARE APPROPRIATIONS B-I CHANCELLOR For salary of Chancellor $3,750.00 For Chancellor for reporting wow For stenographer to Chancellor I,000.00 For contingent expenses 300.00 B-2 crnEF JUSTICE Chief justice For salary of Chief Justice $3,750.00 B-3 COUNTY COURT County Court For salary of Associate Judges $14,500.00 For Associate Judge in Kent County for re-porting 100.00 For transcript of Supreme Court 1,65o.00 B-4 For salary of Court stenographer $ ,000.00 B-5 CLERK OF SUPREME COURT For salary of Clerk of Supreme Court $150.00 For salary of the Governor $2,000.co For contingent expenses 1,750.00 C-2 LIEUTENANT GOVERNOR For salary as President of the Senate $720.00 For salary as member of Board of Pardon so.00 For fees of witnesses before Board of Pardon 50.00 D-1 OFFICE OF ATTORNEY GENERAL For salary of Attorney General $1,800.00 Chancellor 41 Clerk of Su. Keine Court Lieutenant Governor Attorney General C-I OFFICE OF GOVERNOR Governor 42 Office of Governor Secretary of State State Treasurer Auditor of Accounts State Revehue Collector EI OFFICE OF GOVERNOR For salary of Automobile Inspectors $9oo.00 E-2 OFFICE OF SECRETARY OF STATE For salary of Secretary of State $2,000.00 For salary of Chief Clerk 1,000.00 For salary of clerks 1,500.00 For mileage of Automobile Inspectors 600.00 For contingent expenses 9,000.00 E-3 OFFICE OF STATE TREASURER For salary of State Treasurer $1,750.00 For salary of Deputy State Treasurer 9oo.00 For contingent expenses 600.00 For general or emergency fund 1,250.00 E-4 OFFICE OF AUDITOR OF ACCOUNTS For salary of State Auditor $1,800.00 For salary of Deputy State Auditor 900.00 For contingent expenses 450.00 For expenses in examining accounts of Depart-ments, etc. 5,000.00 E-5 STATE REVENUE COLLECTOR LAWS OF DELAWARE APPROPRIATIONS For salary of Deputy for New Castle County . 750.00 For salary of Deputy for Kent County 500.00 For salary of Deputy for Sussex County soo.00 For salary of Chief Deputy 750.00 For contingent expenses 3,750.00 For salary of State Detectives 2,800.00 For expenses in serving requisition papers 500.00 For salary of Revenue Collector $900.00 Por contingent expenses 300.00 LAWS OF DELAWARE APPROPRIATIONS E-6 DEPARTMENT OF INSURANCE For salary of Insurance Commissioner ..... $1,750.00 For salary of Clerk 50b.o0 For contingent expenses 750.00 E-7 STATE TAX COMMISSIONER For salary of Commissioner $2,000.00 For salary of personal income tax deputy 1,500.00 For salary of Corporation Tax Deputy 1,500.00 For salary of Assistants and Field agents 2,500.00 For salary of Clerks and Stenographers 1,250.00 For contingent fund 2,500.00 For stationery and printing form 2,500.00 E-8 OYSTER REVENUE COLLECTOR For salary of Oyster Revenue Collector $480.00 For salary of Official Crew of Guard Boat 1,620.00 For contingent expenses 50.00 E-g ASSESSORS Assessors For compensation of Assessors for furnishing names of persons subject to license fees .... $500.00 E-ro REGISTERS OF WILLS Register of For salaries of Registers of Wills in relation to inheritance tax $400.00 E II STATE BANK COMMISSIONER For salary of Commissioner $1,800.00 For salary of Deputy Commissioner 1,200.00 For salary of Clerk 750.00 For expenses 2,300.00 43 Department of Insurance State Tax Commissioner Oyster Reven-ue Collector State Bank Commissioner 44 Special Deputy Attorney General Office of State Treasurer State Board of Dental Exantiners Delaware State Tuberculosis Commission Cannery Inspector LAWS OF DELAWARE APPROPRIATIONS E-I2 SPECIAL DEPUTY ATTORNEY GENERAL For collection of Franchise Tax $1,000.00 F-I OFFICE OF STATE TREASURER For interest on certificate of indebtedness of Delaware College For interest on bond issue of 1908 payable at Farmers' Bank, Dover For interest on bond issue of 1907 payable at Farmers' Bank, Wilmington For interest on bond issue of 1807 payable at Philadelphia National Bank For interest on bond issue for Women's College For redemption of bonds of the issue for Women's College State Board of G-I STATE BOARD OF HEALTH Ilealth G-2 STATE BOARD OF DENTAL EXAMINERS G-3 DELAWARE STATE TUBERCULOSIS COMMISSION G-4 CANNERY INSPECTOR $2,490.00 4,600.00 400.00 3,675.00 2,000.00 5,000.00 For expenses of State Board of Health $3,000.00 For Board of Vital Statistics I,000.00 For general expenses of Pathological and Bact. Laboratory. 5,000.00 For purchase of Diptheria Antitoxin 1,250.00 For salary of nurse to supervise Midwives 1,000.00 For reporting diseases dangerous to Public Health 1,250.00 For expenses $150.00 For expenses of commission $10,000.00 For care of colored consumptives 5,000.00 For salary of Cannery Inspector $500.00 LAWS OF DELAWARE APPROPRIATIONS G-5 STATE BOARD OF PHARMACY For expenses $125.00 H-L GOVERNOR For Board and Tuition, Indigent, Deaf, Dumb, Blind, etc. $9,800.00 H-2 STATE BOARD OF CHARITIES For dependent child expense $i,000.00 For annual appropriation 2,000.00 H-3 DELAWARE STATE HOSPITAL For maintenance, Delaware State Hospital $1oo,000.00 For improvement and repairs 5,000.00 H-4 FERRIS INDUSTRIAL SCHOOL For operation of school $12,500.00 For salaries of teachers boo.00 H-5 CHILD WELFARE COMMISSION For general expense $12,500.00 11-6 MOTHERS' PENSION COMMISSION For Contingent Fund $2,500.00 For Sussex County 4,000.00 For Kent 'County 2,500.00 New Castle County 6,o0o.00 H-7 ST. MICHAELS NURSERY AND HOSPITAL For expense $2,500.00 45 State Baird of Pharmacy Indigent Chil. dren State Board of Charities Delaware State Hospital Ferris Indus-trial School Child Welfare Commission Mothers' Pen-sion Commis. Sion St. Michael's Nursery. and Hospital 46 LAWS OF DELAWARE APPROPRIATIONS dDues/tarwiaal reS cIhno- ol H-8 DELAWARE INDUSTRIAL SCHOOL FOR GIRLS for Girls For-expense $6,000.00 iSncdhuoostl rifaolr H-9 INDUSTRIAL SCHOOL FOR COLORED GIRLS Colored Girls For expense $1,000.00 mDaenladwera,r e GC. oAln.. H-I 0 DELAWARE COMMANDER, G. A. R. K. For burial Indigent Soldiers and Sailors ..., $200.00 For observance of Memorial Day 1,000.00 Delaware Corn- H -I I DELAWARE COMMISSION FOR THE BLIND mission for the Wind For expense $5,000.00 For apprentices 500.00 Delaware Coln. H- I 2 DEI-AWARE COMMISSION FOR FEEBLE-MINDED mission for Feeble Minded For home for Feeble-Minded, Expense $12,500.00 State Board of 1- I STATE BOARD OF EDUCATION Education For appropriation, Smith-Hughes Vocational Fund $11,500.00 For Americanization foreign residents 12,500.00 DUenliavwerasriety of 1-2 UNIVERSITY OF DEI.AWARE For Trustees Chair of History $2,500.00 SAtgarteic uBltouarerd of .1- I STATE BOARD OF AGRICULTURE For general Expenses $5,000.00 For Peninsula Horticultural Society Expenses 500.00 For Analyzing Fertilizers and Feeds (Chemical Laboratory) 5,000.00 For controlling diseases of Live Stock 2,500.00 For maintenance of Agricultural Department and State Experimental Farm K-I LABOR COMMISSION OF DELAWARE $5,000.00 For contingent expenses $1,500.00 For salary of Labor Inspector 900.00 For salary of Ten Hour Inspector 500.00 For salary of Secretary 50.00 L-I STATE NATIONAL GUARD COMMISSION For salary of Adjutant General For clerk hire Adjutant General's Office Company's Band and Headquarters For wages of Janitors, Watchman, etc. For State Rifle Range Caretaker, Labor and Insurance, repairs and maintenance For emergency Fund L-2 W. C. T. U. $800.00 1,500.00 3,300.00 3,065.00 1,135.00 1,250.00 For Soldiers' Rest Room, Delaware City $100.00 M-I ROAD ENGINEER, N. C. CO. For salary of S. H. Commission, N. C.- Co. .... $500.00 N-1 STATE LIBRARIAN For salary $750.00 For contingent expenses 520.00 For purchase of new books 250.00 Labor Commis. sion of Dela. ware State Nationa) Guard Com-misston W. C. T. U. Road Engineer N. C. Co. State Librar-ian LAWS OF DELAWARE 47 APPROPRIATIONS For Poultry DiseasesSpecial 500.o0 For encouraging Poultry Breeding 150.00 For Tuberculosis Eradication 25,000.00 For Bureau of Markets 2,000.00 J-2 UNIVERSITY OF DELAWARE University otDelaware State Library Commission Public Archive Commission Game and Fish Commission Indian River Commission N-2 STATE LIBRARY COMMISSION For regular expenses $2,500.00 For contingent expenses 100.00 0-i P UBLIC ARCHIVES COM MISSION For expenses of Commission $1,000.00 For Historical Society of Delaware 150.00 For purchase of State Papers 250.00 State Librarian P-I STATE LIBRARIAN For Janitor's salary, State House $360.00 For Assistant Janitor 360.00 For 2nd Assistant Janitor 360.00 For night Janitor 360.00 For Heat, Light and Repairs 3,750.0o For water rentState House and Annex 78.31 Insurance Commissioner P-2 INSURANCE COMMISSIONER For Fire Insurance on State Property $5,000.0o State Board of Repairs P-3 STATE BOARD OF REPAIRS For repairs for State House, etc. $2,000.00 Public Lands Commission P-4 PUBLIC LANDS COMMISSION For Commission Expenses $113.4.2 Q-I GAME AND FISH COMMISSION For salary of Chief Game Warden $300.00 For propagation Fish and Game 300.00 R-I INDIAN RIVER COMMISSION For Indian River Commission Inlet ....Balance $3,087.50 48 LAWS OF DELAWARE APPROPRIATIONS S-2 STATE BOARD OF SUPPLIES For printing fund $22,5oo.00 For contingent Fund, Board of State Supplies. 250.00 Approved March 15, A. D. 1923. State Board of Supplies LAWS OF DELAWARE 49 APPROPRIATIONS R-2 LEGISLATURE Legislature For building jetties and groins at Rehoboth Beach Balance $801.75 S-I STATE OFFICERS State Officers For premium on Bonds for State Officers 2,500.00 ws OF DELAWARE CHAPTER 20 STATE REVENUE TH E BUDGET APPROPRIATION BILL AN ACT making appropriations for the expenses of the State Govern-ment for each of the two fiscal years ending respectively June 30, 1924 and June 30, 1925. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Appropria-flans for two Section t. That the several amounts named in this Act Years' JulY;', or so much thereof as may be necessary, are hereby appro-priated and authorized to be paid out of the Treasury of this State to the respective public officers of the respective depart-ments and divisions of Government and other specified spend-ing agencies, subject to the provisions of Section 15, Chapter 26, Volume 32 of the Laws of this State, and for the periods specified: provided, however, that all parts or portions of the several sums appropriated by this Act which on the first day of July, immediately following each of the respective fiscal years, shall not have been paid out of the Treasury, shall revert to the general fund of the Treasury. The several sums hereby appropriated are as follows, viz: Legislature LEGISLATURE For Year For Year Ending Ending June 30, June 30, 1924 1925 For Salaries of State Senators $10,320.00 For Salaries of Representatives 21,120.00 For Allowance to Members 13,000.00 For Legislative Supplies 6,000.00 For Printing 12,500.00 For Diamond State Telephone Co 600.00 LAWS OF DELAWARE 5 APPROPRIATIONS For Attorneys, Clerks, Sergeants-at- Arms, Chaplains, Stenographers, Pages and other employees and for incidental expenses For Stamps For Lieutenant-Governor as Presi-dent of the Senate A.72 COMMITTEE ON UNIFORM LAWS B-2 DEPARTMENT OF JUSTICE SALARIES LAW REPORTS For Win. H. Boyce, 200 copies, Vol. 8, Boyce's Reports $2,000.00 15,000.00 1,310.00 720.00 For Expenses of Conference $250.00 $250.00 of reports 1,600.00 For Chief Justice $7,500.00 $7,500.00 For Associate Judges 29,000.00 29,000.00 For the Associate Judge in Kent County for Reporting 200.00 200.00 For Court Stenographer 2,000.00 2,000.00 For Additional Stenographers and Transcripts 3,300.00 3,300.00 For Clerk of Supreme Court 300.00 300.00 Committee on Uniform Laws Department of Jttstice B-1 COURT OF CHANCERY Court of Chancery For Salary of Chancellor $7,500.00 $7,500.00 For Chancellor for Reporting 200.00 200.00 For Salary of Stenographer 2,000.00 2,000.00 For Contingent Expenses 400.00 400.00 For Chancellor's Reports 1,6coo.00 For Chas. M. Curtis for 200 copies For Salary of Lieutenant-Governor as member of the Board of Pardons For Witness Fees For Traveling Expenses of Witnesses 1/euartment of Elections D-I DEPARTMENT OF ELECTIONS, CITY OF WILMINGTON For General Expenses $6,000.00 Levy Courts D-2 LEVY COURTS l'or Salaries o f Registrars a n d .\ssistants $30,000.00 Governor 1)-3 OFFICE OF THE. GOVERNOR For Presidential Electors Salary $40°0 Attorney E-I ATTORNEY GENERAL DEPARTMENT General For Salary of Attorney General $3,600.00 $3,600.00 For Chief Deputy's Salary 1,500.00 1,500.00 For DeputyNew Castle County 1,500.00 1,500.00 For DeputyKent County 1,000.00 1,000.00 For DeputySussex County 1,000.00 1,000.00 For Salaries of State Detectives 5 ,6o0.00 5,600.00 For Contingent Expenses 7,675.00 8,375.00 Governor C-I OFFICE OF THE GOVERNOR For salary of the Governor $4,000.00 $4,000.00 For Contingent Expenses 3,500.00 3,500.00 For Governor's Conference 250.00 250.00 For Inaugural Expenses 2,500.00 Board of C-2 BOARD OF PARDONS Pardons 52 LA WS OF DELAWARE APPROPRIATIONS For 200 copies of Harrington's Reports 2,000.00 $2,000.00 $100.00 $ oo.00 40.00 40.00 do.00 6o. oo APPROPRIATIONS E-2 ATTORNEY GENERAL DEPART Ni ENT For Salary of Secretary of State.... For Chief Clerk For Salaries of Assistant Clerks For Contingent Expenses For Automobile Inspectors' Mileage STATE TREASURER For Salary of State Treasurer $3,500.00 $3,500.00 For Salary of Deputy State Treasurer 1,800.00 1,800.0o For Contingent Expenses 1,200.00 1,200.00 For Emergency Fund 2,500.00 2,500.00 F-4 AUDITOR OF ACCOU NTS For Salary of State Auditor $3,600.00 $3,600.00 For Salary of Deputy State Auditor 1,Soo.00 t,800.00 For Contingent Expenses 7,000.00 7,000.00 For Emergency Fund 3,000.00 5,000.00 F-5 COLLECTOR OF STATE REVENUE For Salary of State Revenue Collector $ r,80o.00 $ r ,800.00 For Contingent Expenses - 600.00 600.00 F-6 INSURANCE DE PAR TM ENT - $4,000.00 $4,000.00 2,000.00 2,000.00 3,000,00 3,000.00 30,000.00 20,000.00 1,200.00 1,200.00 For Salary of Insurance Commis-sioner $3,500.00 $3,500.00 Attorney General Secretary of State State Treasurer Auditor of Accounts Collector of State Revenue Insurance Department LAWS OF DELAWARE 53 For Requisition Fund Expenses.... $r,000.00 $1,000.00 F-I OFFICE OF TICE GOVERNOR Governor For Salaries of Auto Inspectors.... $1,800.00 $1,800.00 F-2 SECRETARY OF STATE StTite Bank Commissioner F-I I STATE RANK COMMISSIONER SALARIES For Salary of Clerk i3O00.00 For Contingent Expenses i,000.00 Oyster Reven-ue Collector F-7 OYSTER REVENUE COLLECTOR 1,000.00 1,000.00 For Salary of Oyster Reventie Col-lector $060.00 $960.00 For Salary of Crew of Watch Boat. 3,240.00 3,240.00 For Contingent Expenses r00.00 i00.00 State Tax Department F-8 STATE TAX DEPARTMENT For Salary of Tax Commissioner $4,000.00 $4,000.00 For Salary personal Income Tax Deputy 3,000.00 3,000.00 For Salary Corporation Tax Deputy 3,000.00 3,000.00 For Salary Assistants and Field Agents 5,000.00 5,000.00 For Salary Clerks and Stenographers 2,500.00 2,500.00 For Contingent Expenses 10,000.00 0,000.00 For Printing and Stationery 2,500.00 2,500.00 Assessors F-9 ASSESSORS For Salaries of Assessors $800.00 $800.00 Register of riJls F-I 0 REGISTER OF WILLS For Salary of Register, N. C. County $4°°°° $400.°° For Salary of Register, Kent 200.00 200.00 For Salary of Register, Sussex 200.00 200.00 For Bank Commissioner $3,600.00 $3,600.00 For Deputy 2,400.00 2,400.00 For Clerk ,800.00 i,800.00 54 LAWS OF DELAWARE APPROPRIATIONS LAWS OF DELAWARE 55 APPROPRIATIONS For Extra Clerks and Accountants 2,300.00 2,300.00 For Contingent Expenses 5,700.00 5,800.00 Special Deputy 17-12 SPECIAL DEPUTY ATTORNEY GEN ERAL Atty. Gen. For Collection Franchise Taxes, void charters $2,000,00 $2,000.00 G-1 OFFICE OF THE STATE TREASURER State Treasurer For Interest payment, Certificate of IndebtednessDelaware College. $4,980.00 $4,980.00 For Farmers' Bank, Dover, 13o1)d Issue, 1907 9,200.00 9,200.00 For Farmers' Bank, Wilmington, Bond Issue, .1907 1,600.0o 1,600.00 For Farmers' Bank, Wilmington, Bond Issue, 1907 80o.00 800.00 For Philadelphia National Bank, Bond Issue, 1897 7,350.00 7,350.00 - For Farnhurst Bonds 1.800.00 1,700.00 For Women's College Bond 3,800.00 3,600.00 For Redemption of State Bonds Women's Affiliated College ... 5,000.00 5,000.00 For bonds held by School Fund 10,727.10 10,727.10 For Hospital _Improvement 5,000.00 H -1 STA TE BOA RD OF II EA LT 11 State Board of For General Administration $3,000.00 $3,000.00 For Bureau of Vital Statistics 2,000.00 2,000.00 For Pathological and Bacteriological Laboratory 9,000.00 9,000.00 For Purchase of Diptheria Anti-toxin 1,500.00 1,500.00 For reporting Venereal Disease- 2,000.00 2,000.00 H-2 MEDICAL COUNCIL OF DELAWARE_Medical Conn. di of De/aware For Salaries of Officers $300.00 $300.00 LAWS OF DELAWARE APPROPRIATIONS Delaware State Tuberculosis 171-3 DELAWARE STATE TUBERCULOSIS com mrssioN Commission For White Consumptives $20,000.00 $20,000,00 For Colored Consumptives 10,000.00 .10,000.00 For Board of White Consumptives in Sanatoria in this State 15,000.00 15,000.00 CInasnpneecrtyo r 11-4 CANNERY INSPECTOR For Salary of Cannery Inspector .. $1,000.00 $1,000.00 For Contingent Expenses 350.00 350.00 State Board of Pharmacy 11 -5 STATE BOARD OF I'llARM ACV For (;eneral Administration $250.00 $250.00 Tedigeat Chil-dren 1r NOR For Board and Tuition Indigent, Deaf, Dumb, Blind and Idiotic Children $15,000.00 $15,000.00 State Board of 1-2 STATE BOA RD OF C lIAR I T1 ES Charities SALARIES For Secretary $2,250.00 $2,250.00 For Stenographer 600.00 600.00 For Contingent Expenses 250.00 250.00 For care of Dependent Children 2,000.00 Delaware State Hospital 1-3 DELA WAR I: STATE H OS PITA L For General Administration $196,344.00$204,445.0° For New Buildings and Repairs 6o,000.00 Ferris Indus-trial School 1-4 FERRIS I NmJS'rRIAr. SCHOOL For General Administration $26,200.00 $26,200.00 LAWS OF DELAWARE APPROPRIATIONS 1-5 CHILD WELFARE COMMISSION For General Administration 1-6 MOTHERS' PENSION COMMISSION DONATIONS 11 ST. .MICHAELS DAY NURSERY $25,000.00 $25,000.00 1-8 DELAWARE INDUSTRIAL SCHOOL, FOR GIRLS Industrial School for Colored Girls For New Buildings and Equipment.. $20,000.00 $20,000.00 For General Administration 4,730.00 6,830.00 1-9 INDUSTRIAL SCHOOL FOR COLORED GIRLS LAYTON HOME FOR AGED COLORED PEOPLE I-I I DELAWARE COMMANDER, G. A. R. For Burial of Indigent Soldiers and Sailors For observance of Memorial Day $400.00 $400.00 1,000.00 1,000.00 I-12 DELAWARE COMMISSION FOR BLIND For General Administration $10,000.00 $10,000.00 1-13 DELAWARE COMMISSION FOR FEEBLE-MINDED For General Administration $25,000.00 $30,000.00 5-I STATE DEPARTMENT OF PUBLIC INSTRUCTION For Americanization of Foreign Resi-dents $25,000.00 $25,0o0.00 57 Child Welfare Commission Mothers' Pen. sion Commis-sion Delaware Coot. milder, G. A. R. Delaware Com-mission for Blind Delaware Com-misson for Feeble Minded State Depart-ment of Public Instruction For New Castle County $19,500.00 $19,500.00 For Kent County 5,500.00 5,500.00 For Sussex County 8,000.00 8,00o.00 For General Administration 7,000.00 7,000.00 University of 1)elaware tsniverbity of Delaware J-2 UNIVERSITY OF DELAWARE K-2 UNIVERSITY OF DELAWARE For General Maintenance $126,000.00$126,00o.00 For Chair of History 2,500.00 2,500.00 For Summer School for Teachers 4,500.00 4,500.00 For Smith-Lever Agriculture Exten-sion Fund '11,155.63 11,155.63 I.:antlers' Short For Farmers' Short Course 1,000.00 1,000.00 t ourse For U. S. Government Appropriation 40,000.00 40,000.00 For Debt Service of Kent Hall. 11,750.00 11,750.00 For Agriculture Department $17,500.00 $17,500.00 State Hoard of K-I STATE BOARD OF AGRICULTURE Agriculture For General Administration $10,000.00 $ 0,00000 For Peninsular Horticultural Society 1,000.00 1,000.00 For Analyzing Fertilizers and Feed 10,000.00 10,000.00 For Controlling Diseases of Live Stock 5,00000 5,00000 For Farmer's Institute 1,000.00 1,000.00 For Bureau of Markets 7,098.00 6,938.00 For Controlling Poultry Diseases 1,500.00 1,500.00 For Cattle T. B. Eradication 50,000.00 37,500.00 For Corn Growers' Association Prizes 500.00 500.00 For Encouraging Poultry Breeding 30000 300.00 State College J-3 STATE COLLEGE FOR COLORED STUDENTS fur Colored Students For instruction and for improvements to buildings and grounds $15,000.00 $15,000.00 For Trustees for Summer School 500.00 500.00 For BoardColored Teachers at Summer School 500.00 500.00 For U. S. Government Appropriation 10,000.00 10,000.00 58 LAWS OF DELAWARE APPROPRIATIONS For Vocational, Education, Smith- Hughes 20,000.00 20,000.00 APPROPRIATIONS L-I LABOR COMMISSION SALARIES M-2 WOMF.N'S CHRISTIAN TEMPERANCE UNION N-r STATE HIGHWAY DEPARTMENT N-2 ROAD ENGINEER, N. C. COUNTY For Salary $ I ,000.00 $ I ,000.00 N-3 LEVY COURTS, N. C., RENT AND SUSSEX COUNTIES Labor Commission Rood Engineer N. C. County M-I ADJ uTANT GENERAL SALARIES Adjutant General For Adjutant General $1,600.00 $ r ,600.00 For Clerk Hire, Office 3,000.00 3,000.00 For Wages of Janitor, Watchman and Contingent Expenses 6, 000. oo 6, 000. oo For State Rifle RangeMaintenance and repairs 2,000.00 2,poo.00 For Companies' Headquarters and Bands 6,000.00 6,000.00 For Officers' Clothing Allowance 1,000.00 1,000.00 For Emergency Fund 2,000.00 2,000.00 0-:1 STATE LIBRARIAN State Librarian For Salary of Librarian $1,500.00 $1,500.00 For Salary of Assistant Librarian 960.00 960.00 For Purchase of New Books 500.00 500.00 For Office Expenses 70.00 70.00 For Child Labor Inspector $2,000.00 $2,00o.00 For Ten Hour Law Inspector 1,100.00 1,100.00 For Secretary ioo.00 roo.00 For General Administration 2,500.00 2,500.00 LAWS OF DELAWARE 59 60 LAWS OF DELAWARE State Library Commission State Federa-tion of Clubs SCtuasteto dPiarno poefr ty Q-I CUSTODIAN OF STATE PROPERTY STATE LIBRARIAN For Salaries of 4 Janitorsregular. $2,880.00 $2,880.00 For Water Rent, State House and Annex 152.62 152.62 For Heat, Light and Repairs 7,500.00 7,500.00 Insurance Commissioner State Board of Repairs Public Land Commission Board of Caine and Fish Commission APPROPRIATIONS 0-2 STATE LIBRARY COMMISSION For General Administration $3,200.00 $3,2oo.00 For Free LibrariesSchool Districts 337.50 337.50 0-3 STATE FEDERATION OF CLUBS For Equipmentbooks $1oo.00 $i 00.00 Q-2 INSURANCE COMMISSIONER Q-3 STATE BOARD OF REPAWS Q-4 PUBLIC LANDS COMMISSION k-I BOARD OF GAME AND FISH COMMISSION For Fire Insurance on all State Prop-erty $io,000.00 $ro,000.00 For Repairs and Replacement $2,000.00 $2,000.00 For General Administration $250.00 $250.00 For Salary of Chief Game and Fish Warden $600.00 $600.no Public Ar-chives Com-P-i PUBLIC ARCHIVES COMMISSION mission For General Administration $3,5°"° $3,500.00 For Printing and Stationery, Histori-cal Society 300.00 300.00 For Purchase of State Papers 500.00 500.00 LAWS OF DELAWARE APPROPRIATIONS For Propagation of Fish and Game 400.00 400.00 S-I AUDITOR OF ACCOUNTS For Premiums on Bonds of State Officers and Employees $400.00 $2,700.00 S-2 STATE BOARD OF SUPPLIES For Stationery, Printing, Supplies, etc., for all State Departments $40,000.00 $40,000.00 For Contingent Expenses 500.00 500.00 Approved April 5, A. D. 1923. Auditor of Accounts State Board of Supplies 62 AppropriatMn for Tilting Department Salary of Chief Tilting Officer, 1923 LAWS OF DELAWARE CHAPTER 21 STATE REVENUE APPROPRIATIONS AN ACT making appropriations for the salaries and expenses in the automobile titling department of the office of the Secretary of State for the period commencing April 1, 1923 and ending June 30, 1925. Be it cmwted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section i. That the sum of Six Thousand Seven Hun-dred and Fifty ($6,750) Dollars, or so much thereof as may be necessary, is hereby appropriated and authorized to be paid out of the Treasury of this State for the purposes and for the periods hereinafter specified as follows: For salary of Chief Titling Officer in the office of Secre-tary of State for the period commencing April 1, 1923 and ending June 30, '1923 $450.00 Salary of Clerk For salary of Clerk to the Chief Titling Officer in the to Chief 'lilt. l1o9g, 3 Officer, office of the Secretary of State for the period commencing April 1, 1923 and ending June 30, 1923 $300.00 SCahkieirfy Toifl ting For salary of the Chief Titling Officer in the office Officer' June of the Secretary of State for the year ending June 30, 1924 A., 19=4 Si '800.00 Salary of Clerk For salary of Clerk to the Chief Titling Officer in the to Chief Tilt. ijT 0"g0 eO 3ff0i,c er1'9 24 office of the Secretary of State for the year ending June 30, 1924 $I,200,00 'thief Tilting For salary of Chief Titling Officer in th^ office of Secre- Officer, June 30, 1925 tary of State for the year ending June 30, 1923....$1,800.00 LAWS OF DELAWARE APPROPRIATIONS For the salary of the Clerk to the Chief Titling Officer aliaerfy Toitting in the office of the Secretary of State for the year ending ,Ooffi, Officer, June June 30, 1925 $1,200.00 Approved April 5, A. D. 1923. 64 LAWS OF DELAWARE CHAPTER 22 STATE REVEN UE APPROPRIATIONS AN ACT making appropriations for the salaries of the Tax Commis-sioner and Deputy Tax Commissioners and for clerical help and for other expenses in the collection of school revenues under the provisions of an act entitled "An act to provide revenue for school purposes" being House Bill No. 264 of the present session of the General Assembly. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Appropriation That the several amounts hereinafter named, or so much to State Tax CD,eopmarmtmi"einotn er's thereof as may be necessary, are hereby appropriated and authorized to be paid out of the Treasury of the State, for the salaries of the State Tax Commissioner and Deputy Tax Commissioners and for clerical help and for other expenses in the collection of school revenues under the provisions of an act entitled "An Act to provide revenue for school purposes" being House Bill No. 264 of the present session of the Gen-eral Assembly, viz For the period ending June 30, 1923 $5,000.00 For the fiscal year beginning July I, 1923 and end-ing June 30, 1924 $20,000.00 For the fiscal year beginning July 1, 1924 and end-ing Pine 30, 1925 $20,000.00 Approved April 17, A. D. 1923. LAWS OF DELAWARE 65 CHAPTER 23 STATE REVENUE SCHOOL BUDGET AN ACT making appropriations for the School Budget for the school years beginning respectively July 1, 1923 and July 1, 1924 and ending respectively June 30, 1924 and June 30, 1925. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly ;net: Section 1. There is hereby appropriated the sum of Two Appropriation Million Dollars for the school budget hereinafter describedeItg se°th f°o°r1 two for the school years beginning July f , 1923, and July 1, I924,' tuiejut and ending respectively June 30, 1924, and June 30, 1925,3°' 1925 and the amount hereby appropriated for each of the said years shall be paid by the State Treasurer out of any moneys which shall accrue to the State Treasury for school purposes from any sources so designated by Law, provided that if the revenue derived from the said sources shall at any time be insufficient to supply the fund appropriated by this Section the deficiency or deficiencies shall be made up from time to time out of the Deficiency to general fund by way of advances and the amount so advanced liremninieen111.'ai out of the general fund shall be repaid to the general fund fund from time to time as moneys, if any, shall be available for this m hc repaid when purpose from the several items of the said school revenues. Section 2. That the State Treasurer is hereby directed state Treasur to pay the amounts appropriated in this Act on warrants of ..e0r nottomtpsayon the State Board of Education as provided in Chapter t6o, war""" Volume 32, Laws of Delaware, as amended, with the follow-ing further restrictions: For the item "General Control" there Four percent shall be used not more than four per centum of the total, for feorGoiner'I the item of "Instruction" not less than seventy-four and one- 74 per cent half per centum, for the item "operation" not more than nine for Instruction per centum, for the item "Maintenance and Upkeep" not more Nine per cent or Operation Six per cent for Mainten- than six per centum, for the item "Auxiliary Activities" not mice and Up-keep more than one-half of one per centutn, for the item "Fixed One-half of Charges" not more than one per centum, for the item "Capital one for AZiliTi; Outlay" not more than five per centum, and for the item "Dept. Activities Service" no part of the total. One per cent for I.ixed Charges Five j)er cent Section 3. That if at any time during the said school for Capital Outlay, Dept. years the items of school income before mentioned shall pro- Service not duce an amount in excess of Two Million Dollars there is here- included by appropriated from said excess an amount not exceeding iCticheoxoclesisficore Two Hundred Thousand Dollars for the school year beginning he expended to July t, 1923, and ending June 30, 1924, and an amount not provided in exceeding Three Hundred Thousand Dollars for the school Section I General Control defined Instruction defined year beginning July 1, 1924, and ending June 30, 1925, said amounts to be expended proportionately in the same manner and for the same purposes as the regular appropriation men-tioned in Section i of this Act. In no case, however, shall either of the said last mentioned amounts be derived from the general fund of the State or from any other State Funds whatsoever, save only the said sources of school income pro-vided by an Act of the General Assembly. Section 4. The term "General Control" as used in Sec-tion 2 shall include the following expenditures: Salaries and expenses of members of the State Board of Education and the expenses of the business office. Salaries of Superintendents and their traveling ex-penses and the administrative part of the salaries of Superin-tendents of Special Districts. Compulsory attendance and school census. School election expenses. The term "Instruction" as used in Section 2 shall include the following expenditures: 60 LAWS OF DELAWARE SCHOOL BUDGET LAWS OF DELAWARE 67 SCHOOL BUDGET The supervisional part of salaries of Superintend-ents and Supervisors and their expenses. Salaries of Principals and Teachers. Textbooks and professional books for teachers. Supplies and other materials for instruction. Tuition paid to other boards. Other instructional costs including summer schools. The term "Operation" as used in Section 2 shall includeMV all expenditures for janitors and engineers, fuel, water, light and power, care of grounds, rent, supplies and other operat-ing expenses. The term "Maintenance and Upkeep" shall include all ex-allapjeprey; penditures for the upkeep of grounds, repair of buildings, re- lefined pair and replacement of equipment, repair and replacement of apparatus, and other maintenance. The term "Auxiliary Activities" shall include all expendicualiAreys tures for libraries, for promotion of health and for other Aux- definCtl iliary Activities. The term "Fixed Charge" shall include all expenditures (Li/1,1dd charges for insurance. The term "Capital Outlay" shall include all expenditures capital Outlay for grounds, new buildings and alterations (other than re-pairs), new equipment and apparatus. Section 5. In order to provide the State Board of Edu- ikoPprocriation cation with funds necessary to pay for the scholarships in ships at Teacher Training at the University of Delaware there is here- avwerasrlety of Del-by further appropriated from the general fund of the State the sum of Twelve Thousand Dollars ($12,000) for each of Amount the school years beginning respectively July I, 1923, and 68 LA WS OF DELA WARE SCHOOL BUDGET How paid July I, 1924, and ending respectively June 30, 1924, and June 30, 1925, the said amounts shall be paid by the State Treasurer on warrants of the State Board of Education, signed by the President and Secretary or Assistant Secretary. Approved April 19, A. D. 1923. LAWS OF DELAWARE CHAPTER 24 STATE REVENUE SCHOOL BUDGET AN ACT to amend an Act entitled "An Act adopting a School Budget for the school year beginning July 1, 1921) and ending June 30, 1922, and for the school year beginning July 1, 1922, and ending June 30, 1923, and relating to the expenditures of the School Fund and all taxes and school moneys raised for the support of Free Public Schools for the said years and making appropriations for the said years" approved May 17, 1921, being Chapter 14 of Volume 32 of the laws of Delaware. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That the Act entitled "An Act adopting a Sec.Cb3zalL School Budget for the school year beginning July 1, 1921, and itzet;ipealectio g'en. ending June 30, 1922, and for the school year beginning July eral fund when 1, 1922, and ending June 30, 1923, and relating to the expen-ditures of the School Fund and all taxes and school moneys raised for the support of Free Public Schools for the said years and making appropriations for the said years" approved May 7, 1921, being Chapter 14 of Volume 32 of the Laws of Delaware be and the same is hereby amended by striking out the following words appearing in lines 17 and t8 of Section 7 of said Act: "During the said school years." Approved March 26, A. D. 1923. 70 LAWS OF DELAWARE Preamble Preamble Preamble Preamble Preamble Preamble CHAPTER 25 STATE REVENUE SCHOOL BUDGET AN ACT to authorize the State Board of Education to use balances in any items of the State School Budget of 1922-23 to meet the needs of instruction, fuel and janitor service. WHEREAS, appropriations from the General Fund of the State fail to cover the period from January 2nd, 1923 to June 30, 1923, and WHEREAS, more than one-half of the appropriation for the support of Vocational Education, which is properly In-structional Service, is supplied from the General Fund, and WHEREAS, the cost of fuel, owing to unsettled conditions at the mines has greatly increased, and WHEREAS, there has been an increase both in the number of teachers and in the number of schoolrooms in use, requir-ing both more coal and more janitorial service as well as more teachers, and WHEREAS, the funds provided in the said State School Budget for Instruction, Fuel and Janitor Service will be in-adequate to meet the detnands for these expenses, and WHEREAS, the expenses of the year 1921-22 would indi-cate the existence of certain balances in other accounts at the close of business of the year t922-23, therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Stfite Board of Section 1. That in order to meet the requirements of in- Education to ed moneys janitorial use unexpend s service, including vocational education, fuel and service, the State Board of Education is hereby authorized to use for said purposes any or all unexpended LAWS OF DELAWARE SCHOOL BUDGET moneys appropriated under any head or item of the School Budget Law for the years 1922 and 1923, being Chapter 14, Volume 32 of the Laws of Delaware. Approved March 26, A. D. 1923. 71 72 LAWS OF DELAWARE Appropriation for CHAPTER 26 STATE REVENUE TRANSPORTATION OF PUPILS AN ACT in respect to the transportation of public school pupils and appropriating money therefor. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: State Hoard of Section 1. That when and in such cases as the State Education to transport Board of Education deem it necessary or advisable so to do, pupils the said State Board of Education is hereby authorized to arrange for and pay the cost of the transportation of puPils to and from the nearest public school of the State where the required grade is taught, provided that the sums so expended shall not exceed the amounts hereinafter appropriated. Section 2. That the sum of One Hundred Thousan:! Dollars ($too,000) is hereby appropriated to be paid out of the Treasury of this State in the school year beginning on the first day of July, 1923, and the further sum of One Hun-dred and Five Thousand Dollars ($105,000) is hereby appro-priated to be paid out of the Treasury of this State in the school year beginning on the first day of July, 1924; the said sums, or so much thereof as may be necessary, to be expended by the State Board of Education for the transportation of public school pupils as set forth in Section i of this Act. State Treasur- The State Treasurer shall, up to the amounts herein- er to pay upon ' 't(artrealitaortfl of before specified, honor the warrants of the State Board of Education Education, signed by its President and attested by its Sec-retary or Assistant Secretary, drawn for moneys to carry into effect the provision of Section I of this Act. Rules and regulations Section 3. The State Board of Education is hereby au-thorized to make rules and regulations, to enter into con-tracts and generally to do all things necessary or proper to accomplish the purpose of this Act. Approved April 28, A. D. 1923. James McIntire $317.52 Victor A. Moore 199.58 Charles Hopkins 25.82 Jacob Prettyman 265.09 William Clarence Truitt 26o.55 Harris E. McDowell 113.40 Richard T. Cann 145.15 I. W. Betts 57.93 Charles W.- Hardesty 9.07 Charles duPont Ridgely 22.68 Harry \V. Viven 136.08 William J. Lutz 219.97 W. A. Simonton 219.97 Harry Prettyman 299.38 John M. Walker 304,00 John G. Highfield 304.01 J. D. Bush 235.87 Harry W. Marr 217.97 James B. McManus 217.97 Charles S. Lednum 257.90 William E. Virden 219.97 Joseph M. Brogan 219.97 Harry G. Little 263.10 LAWS Or DELAWARE 73 CHAPTER 27 STATE REVENUE CLAIMS AN ACT appropriating certain money out of the State Treasury of the State of Delaware to pay certain claims against the State. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That the several sums of money hereinafter nppropia-named are hereby appropriated out of the Treasury of this il")g7scerc:ariti)ays State for the purpose of paying the claims hereinafter men- claims dolled, and the State Treasurer is hereby authorized and di-rected to pay the same as follows: 74 LAWS OF DELAWARE CLAIMS William Lord 232.24 James H. Reynolds 31.1.90 Frank Collins 226.80 J. Rogers Holcomb 187.98 William J. Crompton 156.23 Harry Pratt 189.51 Harry L. Davis 129.01 George T. Stant 88.69 Howard Jones 97.02 Harry Slaughter 56.94 Arthur F. Dawes 7.43 George Pratt 60.38 Frank B. Webb 22.68 Douglass C. Allee 10.00 Albert Gooden 54.44 J. W. F. Cooper 21.32 Jester A. Gray 81.15 George W. Hanson 67.69 Nutter Marvel 109.20 Roy E. Pettyjohn 129.20 William H. Carlisle 119.82 Walter T. Carey 199.70 Charles T. Wheatley 199.70 Samuel N. Culver 234.30 Elwood F. Melson 284.95 E. Wilson McCabe 276.57 Thomas C. Stockley 247.91 George H. Short 213.68 Ward H. Short 178.99 R. L. Ford Furniture Company 559.75 Library Bureau for School Tax Department 738.00 A. K. Taylor 144.00 Emma Quelke 25.00 West Chester Transportation Company 91.25 Lida P. Handy 40.35 Edward L. Richards 105.12 MacMillan Company 34.40 E. L. Jones Company 5.50 Mrs. Harry D. Minner 12.00 LAWS OF DELAWARE CLAIMS 75 Mary E. Collins 20.00 Julian B. Robinson 6o5.00 Diamond State Telephone Company 321.64 W. T. Dayett 6.00 Sussex County Levy Court 230.00 J. Danforth Bush 68.84 The Index Publishing Company 8.00 The Town of Dover 30.15 Dover Lumber and Milling Company .. 10.15 T. K. Jones & Bro. Company 6.15 J. T. Stoopes 6.65 City of New Castle 20.63 American Power Company 9.72 Charles Matthews 32.88 J. FT. Farlow 198.55 Charles Zanders 20.75 E. L. Jones and Company 186.61 G. Austen Merritt 38.85 James B. Bice Company 55.58 John Behen, Jr. & Company 306.00 Butlers, Inc. 73.25 Talbert Baynard 20.25 Agnes G. Willey 150.00 Thomas Day 300.00 Alfred Raikes 146m Alfred Neal 50.00 Aaron Paskins 50.00 Harry Blackson 50.00 H. J. Marshall 50.00 Mercantile Printing Company 3,694,10 Everett C. Johnson 2,976.20 Index Publishing Company 35.75 The Delaware Republican 197.37 Index Publishing Company 609.3o The Delaware State News 567.50 Thomas D. Hubbard 500.00 William G. Spencer 50.00 Ernest Munsey 50.00 Edith D. Moore 50.00 Supreme Court 2.00 Watson 0. Marvel, 13 days' attendance before the Supreme Court 26.00 Melvin Hopkins, 3 days' attendance before the Supreme Court 6.00 Arley B. Magee, Jr., i day's attendance before 76 LAWS OF DELAWARE CLAIMS Helen E. Reynolds 20.00 Pauline E. Carson 20.00 Laura C. Aldrich 2.00 Herman Goldman 47.69 Index Publishing Company 4,791.60 James B. White 2.75, Dr. W. S. P. Combs 300.00 C. S. Devereaux 75.00 D. J. Grantland 65.00 John NV. Marshall 25.00 Harry B. Stradley 76.00 Diamond State Telephone Company 215.61 Diamond State Telephone Company 32.35 Helen W. Horsey 20.00 Anastasia H. Coady 20.00 Helen E. Beckwith 20.00 Capital Printing Company 4,732.66 Delaware State News 137.50 Thomas W. Killen, 17 days' attendance as Crier of the Supreme Court 68.0o Frank Jackson, 17 days' attendance before the Su-preme Court as Janitor 34.0o Charles W. Graham, 16 days' attendance before the Supreme Court 32.00 John H. Bullock, I day's attendance before the the Supreme Court as Page 2.00 Wilmington Trust Company 76.38 Ernest Muncy 12.00 Edith D. Moore 6.00 Nellie B. Wolcott 6.00 Frederick D. Bendier 450.0o Harris Samonisky 488.T J. Hall Anderson 721.05 LAW, OF DELAWARE 77 CLAIMS Emily S. Walker 75.00 Alfred Archer I 00.do j. Albert Oliver 500.00 Approved April 17, A. D. 1923. 78 LAWS OF DELAWARE CHAPTER 28 STATE REVENUE AN ACT to appropriate money to James Dougherty as a refund to him for income tax unlawfully paid. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the Members elected to each House concurring therein): Appropriation Section 1. That the sum of Seventy-three Dollars and for refund of mconic tax fur forty-six cents ($73.46) be, and the same is hereby appropri-ated, out of any funds in the Treasury of the State of Dela-ware not otherwise appropriated, to refund to James Dough-erty said amount; said amount having been overpaid by him into the State Treasury under his Income Tax Report of in-come received or accrued during the year ending _December Thirty-first, A. D. 1919. Approved March 13, A. D. 1923. LAWS OF DELAWARE 79 CHAPTER 29 STATE REVENUE KENT COUNTY AN ACT to reimbuse Kent County to the amount of $596.75, being one-half of Mothers' Pensions paid out by said County for the months of November and December, 1920. WHEREAS, the County TreaWrer of Kent County and State of Delaware, in his report of January I, 1921, to the State Treasurer, of monies paid out by said County for Mothers' Pensions during the preceding year, failed to include in such report the Mothers' Pension monies paid out by said County for the months of November and December, 1920, the amount being so paid for said months being $1193.50, one-half of which amount would have been paid to said County by the State Treasurer had the monies so paid in said months been included in the County Treasurer's statement of January 1, 1921, and \VHF:al:As, the next statement to the State Treasurer from the Treasurer of Kent County, of Mothers' Pensions paid by that County was made as of September I, 1921, and included the said sum of $1193.50, the amounts of Mothers' Pensions paid out in the said months of November and December, 1920, and WHEREAS, the Auditor of Accounts refused to approve the amount due Kent County for Mothers' Pensions paid in November and December, 1920, for the reason as stated by him, that the balance of the appropriation for Mothers' Pen-sions for 1920 had reverted to the General Fund of the State, now, therefore, Be it enacted by the Senate and the House of Representa-tives of the State of Delaware in General Assembly met: Appropriation Section I. That the State Treasurer be and he is hereby to Kent Coon. ty for Mothers' authorized and directed to pay to the County Treasurer and 119elsions paid So LAWS OF DELAWARE STATE REVENUE the Receiver of Taxes of Kent County and State of Delaware, the sum of $596.75, being the amount due said County from the State for Mothers' Pensions paid out by said County for the months of November and December, .1920. Approved March 13, A. D. 1923. LAWS Or DELAWARE 8i CHAPTER 30 STATE REVENUE SUSSEX COUNTY AN ACT to reimbuse Sussex County for one-half of certain monies paid out by said County for Mothers' Pension during the year 1920. I _ WHEREAS, the Treasurer of Sussex County on January I, 1921, made a report to the State Treasurer of monies paid out by said County for Mothers' Pension, during the preced-ing year, and WHEREAS, at the time of making said report there were outstanding checks for Mothers' Pensions to the amount of Eight Hundred and Ninety Six Dollars ($896.00), which sub-sequently came in and were paid by the said Treasurer of Sussex County, and WHEREAS, the said County has not been reimbursed any part of said sum, Therefore, be it enacted by the Senate and House of Rep-resentatives of the State of Delaware (three-fourths of all the members elected to each branch thereof concurring therein): Appropriation to Sussex Section 1. That the State Treasurer be and he is hereby %It); jorpen. authorized and directed to pay to the County Treasurer and sions paid 1920 Receiver of Taxes of Sussex County, the sum of Four Hun-dred and forty-eight dollars ($448.00) being one-half the amount paid out by said County for Mothers' Pensions and not repaid to said County. Approved March 13, A. D. 1923. 32 LAWS OF DELAWARE CHAPTER 31 STATE REVENUE TAYLOR'S BRIDGE, DISTRICT 66 AN ACT appropriating Five Thousand Dollars ($5000.00) for the erection of a new school building at Taylor's Bridge, District No. 66, in New Castle County. Be it enacted by the Senate and House of Representatives of tlw Stale of Delaware in General Assembly met: $50oo for new school building at Taylor's Bridg,e C. Section 1. That the sum of Five Thousand Dollars N. Co. ($5000.00) be and the same is hereby appropriated to be used in the erection and construction of a new school building at Taylor's Bridge, District 66 in New Castle County. State Treasur-er to pay upon warrant of d Section 2. The moneys hereby appropriated shall be paid State Boar of Education by the State Treasurer from time to time as required by the State Board of Education, but such payments shall be made only upon order of the said State Board of Education, signed by its president or vice-president and its secretary. General Fund Section 3. This Act shall be known as a Supplementary Appropriation Act and the moneys hereby appropriated shall be paid out of the general fund of the State Treasury. Approved April 17, A. D. 1923. LAWS or DELAWARE 83 CHAPTER 32 STATE REVENUE SCHOOL DISTRICT NO. 26, KENT COUNTY AN ACT appropriating Three Thousand Dollars ($3,000) to the Board of School Trustees of School District No. 26 of Kent County to erect, or aid in the erection of School Building in Canterbury. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: $3000 new school building Section t. That the sum of three thousand ($3,000) itieSeilsroo/ dollars oror so much thereof as may be necessary, is hereby ap- Kent Co. propriated to the Board of School Trustees of School District No. 26 of Kent County to erect, or aid in the erection of a school building in Canterbury. State Treasur- er. to pay upon Section 2. The moneys hereby appropriated shall be paid svAiroryt,Mig. by the State Treasurer from time to time as required by the tees said Board of School Trustees of School District No. 26 of Kent County, upon warrants signed by the President or Chair-man of said Board and its Secretary. General Fund Section 3. This Act shall be known as a Supplementary Appropriation Act and the moneys hereby appropriated shall be paid out of the general fund of the State Treasury. Approved April 5, A. D. r923. 84 LAWS OF DELAWARE CHAPTER 33 STATE REVENUE SCHOOL DISTRICT NO, 26, KENT COUNTY AN ACT to appropriate money to the Board of School Trustees of School District No. 26 of Kent County. WHEREAS, in the month of February, A. D. 1921, the School House in what is known as Canterbury School Dis-trict No. 26 in Kent County, Delaware, was destroyed by fire, and WHEREAS, the insurance on said School House amounting to seven hundred twenty-eight dollars and forty-live cents ($728.45) was under the School Law then in force paid to the County School Board of Kent 'County, and WHEREAS, later the State through its Highway Depart-ment acquired a part of the School grounds of said District for a State Highway, and paid to said County Board for the same one hundred dollars ($100.00), and WHEREAS, said sums amounting in the aggregate to eight hundred and twenty-eight dollars and forty-five cents ($828.45) were received and used by said _County School Board for General School purposes leaving said School Dis-trict without a School House, and without any funds to pay for rebuilding the same, and WHEREAS, said sums with the interest thereon amounts to more than nine hundred twenty-five dollars ($925.00), and WHEREAS, since said fire the school in said district has been held in a rented room of a dwelling house in Canterbury, and WHEREAS, said money so received by said County Board by .right belonged to said District to help rebuild its school house, LAWS OF DELAWARE 85 SCHOOL DISTRICT NO. 26, KENT COUNTY Now, therefore, be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That nine hundred and twenty-five dollars il.pdpdritoiporniaaltion be and the same is hereby appropriated to the Board of Schoolfior. DAtrifctent Trustees of Canterbury District No. 26, of Kent County, °I to be used by it in constructing and equipping its School House for said district. Said board is empowered to erect said School House on the grounds where the School House so May acquire destroyed was located or may acquire school grounds at a new s'e new site to be selected by it and in case a new site is acquired and conveyed to the State Board of Education the Board of Old property School Trustees of said School District may sell and the State """Y'' how Board of Education shall convey said old school site to the pur-chaser thereof and the purchase money shall go to and become Purchase a part of the fund to be used by said Board of School Trustees Lozirngused for for building and equipping the School House for said School District. Section 2. That the said Board of School Trustees is Secehsoom a'yrl r es: hereby empowered to receive a donation of school grounds and ceive donations other donations to be used by it in erecting and equipping the said School House for said School District. Approved April 5, A. D. 1923. Kent County of necessary grounds and in the erection and construction of a new school building at Hartley, District No. 96, in Kent County. Moneys to be Section 2. The moneys hereby appropriated shall he paid paid upon war-rants of State by the State Treasurer from time to time as required by the Board of Edu-cation State Board of Education, but such payments shall be made only upon order of the said State Board of Education, signed by its president or vice-president, and its secretary. General Fund Section 3. This Act shall be known as a Supplementary Appropriation Act and the moneys hereby appropriated shall be paid out of the general fund of the State Treasury. Approved April 5, A. D. 1923. 86 LAWS OF DELAWARE CHAPTER 34 STATE REVENUE SCHOOL DISTRICT NO. 962 KENT COUNTY AN ACT appropriating Ten Thousand 010,000 Dollars for the pur-chase of grounds and the erection of a new school building at Hartley, District No. 96 in Kent County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: $ o,000 for building school Section 7. That the sum of Ten Thousand Dollars be and at Hartley, the same is hereby appropriated to be used for the purchase LAWS OF DELAWARE 87 CHAPTER 35 STATE REVENUE AETNA HOSE, HOOK AND LADDER COMPANY AN ACT making an appropriation to the Aetna Hose, Hook and Lad-der Company of Newark. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of the members of each House concurring therein): Section t. That the sum of Five Hundred ($500) Dol- =VIM, lars be and the same is hereby appropriated to the Aetna Hose, cycorokcaonvad Hook and Ladder Company, of Newark, to be used in the Newark maintenance of the hose company and fire apparatus. The said sum of Five Hundred ($500) Dollars shall be paid in two equal annual installments for the years 1923 and 1924. Section 2. This Act shall be known as a supplementary General Fund Appropriation Act and the funds hereby appropriated shall be paid out of the general funds of the State Treasury. Approved April 5, A. D. 1923. LAWS OF DELAWARE CHAPTER 36 STATE REVENUE GOODWILL FIRE COMPANY AN ACT making an appropriation to the Goodwill Fire Company of New Castle. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of the members of each House concurring therein): Section 1. That the sum of five hundred ($500) Dol-lars be and the same is hereby appropriated to the Goodwill Fire Company of New Castle, to be used in the maintenance of the hose company and fire apparatus. The said sum of five hundred ($500) dollars shall be paid in two equal annual in-stallments for the years 1923 and 1924. Section 2. This Act shall be known as a Supplementary Appropriation Act and the funds hereby appropriated shall be paid out of the general funds of the State Treasury. Approved April 5, A. 1). 1923. 88 Appropriation to Goodwill Fire Co. of New Castle General Fund LAWS OF DELAWARE 89 CHAPTER 37 STATE REVENUE ROBBINS HOSE COMPANY AN ACT making an appropriation to the Robbins Hose Company of Dover. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of the members of each House concurring therein): 1.ppitioogiiantsion Section 1. That the sum of five hundred ($5oo) dol- goovseer Co., lais be and the same is hereby appropriated to the Robbins Hose Company of Dover, to be used in the maintenance of the hose company and fire apparatus. The said sum of five hundred ($500) dollars shall be paid in two equal annual in-stallments for the years 1923 and 1924. General Fund Section 2. This Act shall be known as a Supplementary Appropriation Act and the funds hereby appropriated shall be paid out of the general funds of the State Treasury. Approved April 5, A. D. 1923. 90 LAWS OF DELAWARE CHAPTER 38 STATE REVENUE CARLISLE FIRE COMPANY AN ACT to appropriate Two Hundred Dollars ($200.00) to the Car-lisle Fire Company of Milford. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the members elected to each House concurring therein): lAopraorfirslaette Section t. That the stun of two hundred dollars ($200) Co. of Milford he and the same is hereby appropriated out of the general funds of this State to be paid to the Carlisle Fire Company of Milford, to be used in the maintenance and support of the said fire company. How paid Section 2. That the said sum so appropriated shall be paid in equal annual installments of one hundred dollars ($too) in the years 1923 and 1924. Approved April 17, A. D. 1923. LAWS OF DELAWARE 9 I CHAPTER 39 STATE REVENUE SOLDIERS' REST ROOM AN ACT making an appropriation to the Women's Christian Tem-perance Union for the maintenance of a Soldiers' Rest Room at Delaware City. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the members of each House concurring therein): Section 1. That the sum of Four Hundred ($400) Dol- ifxini;rdlietisor lars be and the same is hereby appropriated to the Women's Ilv,arotenucT Christian Temperance Union for the maintenance of a soldiers' Y rest room at Delaware City. The said sum of Four Hundred ($400) Dollars shall How paid be paid in two equal annual installments of Two Hundred ($2oo) dollars each, payable respectively for the years 1923 and 1924. Section 2. This Act shall be known as a Supplementary Ge"er"I l'""d Appropriation Act, and the funds hereby appropriated shall be paid out of the general funds of the State Treasury. Approved April 5, A. D. 1923. How paid Section 2. That the said sum of Five Hundred Dollars annually shall be paid to the President of said corporation by warrant drawn by the Governor upon the State Treasury, and the receipt of the President of said corporation, attested by its Secretary, shall be sufficient voucher therefor ; said sum to be paid annually on the first day of July, the first of said payments to be made on the first day of July, A. D. One Thousand Nine Hundred and Twenty-three. Approved March 26, A. 1). 1923. 92 LAWS OF DELAWARE CHAPTER 40 STATE REVENUE SOCIETY FOR PREVENTION OF CRUELTY TO ANIMALS AN ACT appropriating Fire Hundred Dollars annually to Delaware Society for the Prevention of Cruelty to Animals, a Corporation of this State, for the maintenance and support of said Society. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the members elected to each House concurring therein): ittpo 7,ozwiaatrioen Section I. That the sum of Five Hundred Dollars an- Pcre iveetri t the nually be and the same is hereby appropriated out of the Treas- ,crnitmelatyis to ury of this State to be paid to Delaware Society for the Pre-vention of Cruelty to Animals, a corporation of this State, for the maintenance and support of said Society. LAWS OF DELAWARE 93 CHAPTER 41 STATE REVENUE STATE AID FOR DIRT ROADS AN ACT providing State aid to the several Counties for the construc-tion, maintenance and repair of dirt roads, and making an appro-priation therefor. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. There is hereby appropriated annually, for Appropriation the yearsyears 1923 and 1924 to each of the Counties in this State f,Porn the sum of Ten Thousand Dollars ($to,000), or so much r05 thereof as may be necessary to be used in the construction, maintenance and repair of dirt roads. Section 2. The Levy Courts of the several Counties, Levy Courts of from time to time, may draw warrants within the limits of gevse rtaol yroauwn - the amounts herein appropriated, upon the State Treasurer`grtare an-sr euIa' o n to pay for the construction, maintenance and repair, of dirt' roads, and the State Treasurer is hereby directed to pay the same out of monies not otherwise appropriated. Approved April 19, A. 1). 1923. 94 LAWS OF DELAWARE CHAPTER 42 STATE REVENUE DELAWARE STATE FAIR AN ACT appropriating certain moneys to the Delaware State Fair, Incorporated, for prizes. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the members elected lo each House concurring therein): :top pararwi ton 1. That the sum of Eight Thousand ($8,000) State Fair, Dollars is hereby appropriated out of the Treasury of the Inc. State of Delaware to the "Delaware State Fair, Incorporated" a corporation of the State of Delaware, for the year begin- Amounts ning July I, 1923 and ending June 30, 1924, and a like sum annually of Eight Thousand ($8,000) Dollars for the year beginning July 1, 1924 and ending June 30, 1925. Said appropriation now used shall be used and expended only for prizes for meritorious achievements in agriculture, stock and poultry raising, and in File statement works of manual training and the domestic arts. Said corpora-withwing Auditor tion shall on or before the first day of December in each of sho parmizoeusn t of stud fiscal years file with the State Auditor a sworn itemized statement showing the name of each person to whom .a prize has been awarded, for what each prize was awarded and the amount of each prize and showing also the grand total of said prizes, which statement shall be sworn to and signed be-fore a Notary Public, by both the President and Treasurer of said Corporation ; when said statement shall have been audited by the State Auditor and found to be true and correct When audited and according to law he shall authorize and direct the State encrgseudr. Treasurer. to pay to said corporation in each of said fiscal eCro rtpoo rpaatyio nt o years the total sum shown to be due for prizes by said itemized list provided however said sum shall not exceed Eight Thou-sand ($8,000) Dollars in any one fiscal year and should said LAWS OF DELAWARE DELAWARE STATE FAIR sum be less than Eight Thousand ($8,000) Dollars the un-used balance shall each year remain in and revert to the State Treasury and shall in no case be paid to said corporation. Section 2. All Acts and parts of Acts inconsistent with this Act are hereby repealed. Section 3. This Act shall be known as a "Supplementary Appropriation Bill." Approved April 5, A. D. 1923. 95 96 LAWS OF DELAWARE CHAPTER 43 STATE REVENUE KENT AND SUSSEX COUNTY FAIR AN ACT appropriating certain moneys to Kent and Sussex County Fair, Incorporated, for prizes. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the members elected to each House concurring therein): Appropriation Section 1. That the sum of $4000 is hereby appropriated to Kent and Sussex County OM of the Treasury of the State of Delaware to the "Kent Fair, Inc. and Sussex County Fair, Incorporated" a corporation of the State of Delaware, for the year beginning July 1, 1923 and Amounts ending June 30th 1924, and a like sum of $4000 (Four Thou-annually sand Dollars) for the year beginning July 1, 1924 and ending how used June 3oth 1925. Said appropriation shall be used and ex-pended only for prizes for meritorious achievements in agri-culture, stock and poultry raising, and in works of manual File statement . with Auditor training and the domestic arts. Said corporation shall on or of Accounts ghowin |
| Date Digital | 2010 |
| CONTENTdm file name | 3037.cpd |
Description
| Title | Laws of the State of Delaware - Volume 33 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE PASSED Al THE NINETY- NINTH SESSION OF THE GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER On Tuesday, January 2nd, A. D. 1923 AND IN THE YEAR OF THE INDEPENDENCE OF THE IT NITED STATES THE ONE HUNDREDTH AND FORTY- SEVENTH VOLUME XXXIII PRESS OF THE MERCANTILE PRINTING CO. WILMINGTON, DELAWARE |
| CONTENTdm file name | 16375.pdfpage |
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