Laws of the State of Delaware - Volume 38 - Page 1 |
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LAWS
OF THE
STATE OF DELAWARE
PASSED AT A
Special Session Of The
One Hundred and Fourth
General Assembly
COMMENCED AND HELD AT DOVER
On Tuesday, November 15, A. D.
1932
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
THE ONE HUNDRED AND FIFTY- SEVENTH
VOLUME XXXVIII- PART I
J. LAURANCE BANKS, INCORPORATED
WILMINGTON, DELAWARE
1933
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 38 |
| Date Original | 1933 |
| Description | Laws of the State of Delaware. Passed At A Special Session Of The One Hundred And Fourth General Assembly Commenced And Held At Dover On Tuesday, November 15, A. D. 1932 Volume XXXVIII |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | J. Laurance Banks, Incorporated |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE PASSED AT A Special Session Of The One Hundred and Fourth General Assembly COMMENCED AND HELD AT DOVER On Tuesday, November 15, A. D. 1932 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES THE ONE HUNDRED AND FIFTY-SEVENTH VOLUME XXXVIII-PART I J. LAURANCE BANKS, INCORPORATED WILMINGTON, DELAWARE 1933 . LAWS of DELAWARE TITLE SIX State Officers and Commissions CHAPTER 1 PART 1 AN ACT to Relieve the People of the State from the Hardships and Suffering caused by Unemployment, creating and organ-izing for such purpose a Temporary Emergency Relief Com-mission, prescribing its powers and duties, making an appropriation for its work, supplying deficiencies in the Gen-eral Fund of the State by directing the payment of the pro-ceeds of Corporation Franchise Taxes into the General Fund, and authorizing the State Highway Department to perform work as an independent contractor for the purpose of pro-viding relief hereby contemplated. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. Declaration of Emergency. That the public health and safety of the state and of each county, city and town therein are imperilled by the existing and threatened deprivation of a considerable number of their inhabitants of the necessaries of life, owing to the present economic depression and the long con-tinued abnormal degree of unemployment resulting therefrom. Such condition is hereby declared to be a matter of public con-cern, state and local, and the correction thereof to be a state, county, city and town purpose, the consummation of which re. 3 4 CHAPTER 1 STATE OFFICERS AND COMMISSIONS quires the furnishing of public aid to individuals. While the duty of providing aid for those in need, because of involuntary unem-ployment or for other reasons, is primarily an obligation of the local communities, nevertheless, it is the finding of the state that in the existing emergency the relief and assistance provided for by this act are vitally necessary to supplement the relief work accomplished or to be accomplished locally and to encourage and stimulate local effort in the same direction. This act, therefore, is declared to be a measure for the public health and safety and occasioned by an existing emergency. The provisions of any gen-eral, special or local law which are inconsistent with this act or which limit or forbid the furnishing of such assistance as is pro-vided by this act to such persons as are permitted by this act to receive the same shall not apply to the relief authorized by this act. Section 2. Definitions. That as used in this act the follow-ing words and phrases shall have the meanings respectively ascribed to them in this section, viz: "Commission" means the temporary state agency created by this act, to be known as the temporary emergency relief commis-sion: "Relief director" means the respective members of the ad-ministration who are designated by the Commission at the time of their appointment as Relief Directors for the City of Wilming-ton, rural New Castle County, Kent County and Sussex County : "County committee" means the committee provided by this act to be created in each county of the state to cooperate with the relief director of the county in the performance of his duties under the supervision of the commission : "Work relief" means wages paid by or under the supervision of the commission to persons who are needy and involuntarily unemployed or whose employment is inadequate to provide the necessaries of life for themselves and their dependents, from CHAPTER 5 STATE OFFICERS AND COMMISSIONS money appropriated by this act or contributed under the provi-sions of this act, for the performance of services or labor con-nected with work undertaken by or under the supervision of the commission: "Direct relief" means food, shelter, clothing, fuel, light and other absolute necessities furnished under the provisions of this act, by or under the supervision of the commission, to needy per-sons or their dependents in their abode or habitation whenever possible: "Emergency period" means the period between the first day of November, nineteen hundred thirty-two, and the thirty-first day of October, nineteen hundred thirty-three, or such extension of such period as may be made by the Governor under the author-ity of this act or by the General Assembly, or such shorter period as may be fixed by the Governor by his termination of the exist-ence of the commission on thirty days' notice in accordance with the provisions of this act. Section 3. Administrative Authority. The administration of the emergency relief provided by this act shall be vested in a temporary state agency, to be known as the Temporary Emerg-ency Relief Commission, to consist of eight members to be ap, pointed by the Governor from the citizens of the State of Delaware at large, each county of the state to be represented on said com-mission, and the members of said commission at all times to be equally divided between the two principal political parties in this state and to serve not beyond the thirty-first day of October, nineteen hundred thirty-three, unless specifically authorized by the Governor to serve for a specified longer period that shall not extend beyond the thirtieth day of April, nineteen hundred thirty-four. The said commission shall designate four of its members as Relief Directors, one of whom shall be a resident of and shall be designated as Relief Director in and for the City of Wilming-ton; one of whom shall be a resident of, and shall be designated as Relief Director in and for rural New Castle County ; one of STATE OFFICERS AND COMMISSIONS whom shall be a resident of, and shall be designated as Relief Director in and for Kent County ; one of whom shall be a resident of, and shall be designated as Relief Director in and for Sussex County, but not more than two of whom shall be members of the same political party. Any vacancy occurring for any cause among any of the members of the commission shall be filled by appoint-ment by the Governor upon the recommendation of the remaining members of the commission of the political party to which the member causing the vacancy belonged. The commission shall or-ganize immediately upon the appointment of its full member-ship by the election from its members at large of a Chairman, a Vice-Chairman, and a Secretary-Treasurer who shall perform the ordinary duties of both a secretary and a treasurer. It shall, at its meeting for organization, select a place within the state for the establishment of its central office. If suitable space should be available in a building owned or controlled by the state in such place, the custodian of such building shall on request of the com-mission assign such space for the use of the commission for its central office. If no such space be available the commission may rent suitable space for its central office by a lease terminable on thirty days' notice. The commission may employ and at pleasure remove an assistant secretary and such other clerical assistance in the central office as it may deem necessary and may fix the compensation of all such employees. The total expenses of the central office for the emergency period, however, including the actual and necessary traveling and other expenses incurred by the members of the commission shall not exceed the sum of Twenty-five Thousand Dollars, unless such sum be hereafter increased by the General Assembly by reason of an extension by that body of the emergency period. Each member of the commis-sion, before entering upon the duties of his office, shall take and subscribe the constitutional oath of office and file the same in the office of the Secretary of State. The members of the commission shall receive no compensation for their services hereunder but shall be allowed their actual and necessary traveling and other expenses incurred by them in the performance of their duties. The commission shall continue to function only during the emer-gency period, except that it may complete projects for furnishing 6 CHAPTER 1 CHAPTER 1 STATE OFFICERS AND COMMISSIONS work relief begun prior to the expiration of such period and may complete the accounting of its administration of the emergency relief provided by this act. Section 4. Nature of Relief Provided. The emergency re-lief provided by this act shall be confined to work relief and direct relief. No money shall be paid to any person for direct relief and no money shall be paid to any person for work relief except in the form of day's wages for day's work or hour's wages for hour's work. The payment of any money to any person in the form of a dole is hereby prohibited. All work relief payable under this act shall be inalienable by assignment or transfer and shall be exempt from levy and execution under the laws of this state. Section 5. Plans for Relief and Method of Providing Work Relief. The commission shall study the report made to the Governor, under date of September thirtieth, nineteen hundred thirty-two, by the "Unemployment Relief Commission" and such other sources of information with respect to the needs for public relief within this state as may be available and shall as soon as possible after its organization, and from time to time thereafter, formulate plans for furnishing work relief and direct relief to meet the needs of the several counties of the state. To provide work relief where needed, the commission may undertake and complete any work of a public nature useful to be done either for the state, or any political sub-division or agency thereof, or any institution supported wholly or partly by the state, provided such work is not otherwise contemplated to be done, does not interfere or conflict with the duties of any other department, agency or political subdivision of the state, does not include the erection or reconstruction of, or any additions to any public buildings, and is consented to by the governing authority of any political sub-division of the state whose consent is necessary to be obtained. Any such work undertaken by the commission must be of a character that will require a high percentage of wage cost to total cost and will require exclusively hand labor so nearly as possible. To provide such work, the commission may become a sub-contrac- 7 8 CHAPTER 'I STATE OFFICERS AND COMMISSIONS tor or an assignee of a general highway contractor within this State, and, to perform such work, may act in either such capacity even though such sub-contract or assignment will result in a loss to the commission. All money received by the commission from any such sub-contract or assignment shall be deposited in the state treasury and shall be considered and disposed of as a part of the money appropriated by this act. Section 6. Duties of Relief Directors and County Commit-tees. The general direction and control of the furnishing of the emergency relief provided by this act in each of the counties of the state shall be confided to the relief director for the county, under the supervision of the commission. Each relief director shall receive from, or upon authorization of, the commission all state funds and funds otherwise contributed to the commission for the emergency relief provided by this act that are allocated by the commission to his county and shall disburse the same in his county for such work relief and direct relief as shall have been approved by the commission and in such manner as shall be in ac-cordance with the provisions of this act and with such rules as shall be made by the commission under the authority of this act. Each relief director shall also establish necessary office facilities in his county for the administration therein of the emergency relief provided by this act and shall employ such assistants and purchase such office furniture and supplies as may be necessary to carry out the purposes of the act, all under the supervision of the commission. The expense of such office facilities, furniture, supplies and assistants in each county shall not exceed per month such amount as the commission shall from time to time deter-mine. It shall be the duty of each relief director to establish an effective system of investigation and to employ a suitable num-ber of investigators and checkers to detect imposters and to pre-vent furnishing work relief or direct relief to those not eligible to receive it under this act. But no relief director shall be held per-sonally liable for impositions, or for the furnishing of work relief or direct relief to those not eligible to receive it, except such as may be due to his gross carelessness or wilful neglect in the per C HA P T ER 1 9 STATE OFFICERS AND COMMISSIONS formance of his duties. Each relief director shall organize in his county a county committee to be composed of the members of the citizens' relief committees now in existence in the several incor-porated cities and towns of the county and such citizens' com-mittees as may hereafter be appointed, in cities and towns in which no such committees now exist, by the chief executive offi-cers of such cities and towns, respectively, at the request of such relief directors, and such county committee shall also contain such number of members, to be appointed by the relief director from the county outside of incorporated cities and towns, as the relief director may from time to time deem necessary. The func-tions and duties of the county committee in each county shall be to raise by subscription within the county the sum of monek which is hereinafter required to be furnished by each county, or the people thereof, in order that the commission may be empow-ered to disburse for direct relief in the county any part of the money hereby appropriated for the emergency relief provided by this act ; and also to cooperate and advise with the relief director of the county with respect to any matter or thing concerning which he may from time to time request their cooperation and advice in connection with the administration in the county of the emergency relief provided by this act. Neither the relief direc-tors nor members of county committees shall receive any com-pensation for their services. The necessary expenses of relief di-rectors shall be considered as expenses incurred by them as mem-bers of the commission. No expenses of county committees, or the members thereof, if any such expenses should be incurred, shall be paid out of any money appropriated by this act or out of any money contributed to the commission, under the provision of this act, from the counties respectively. Section 7. Eligibility for Relief. In furnishing work relief and/or direct relief under this act no discrimination shall be made against any applicant on the grounds of race, color, religious be-lief, or political affiliation. No such relief shall be furnished ex-cept to persons who are in actual need and who are involuntarily out of employment yet capable and willing to work, or whose STATE OFFICERS AND COMMISSIONS employment is not sufficiently remunerative to provide the neces-saries of life for themselves and their dependents, and who have been residents of the state for at least one year immediately prior to their applications for relief. The following classes of per-sons shall not be eligible for relief under this act, viz.,those who receive old age pensions from the state ; those who receive Mothers' Aid from the state; those who are listed in the State Tax Office as physically or mentally incapacitated from earning a living ; those who are incapable of undertaking any regular work ; those who have never been regularly employed and have been in whole or in part charges upon the community ; those who are pro-vided for by law, private charity or otherwise. Section 8. Rules. The commission shall make and enforce rules, in accordance and consonance with the provisions of this act, which will best promote the efficiency and effectiveness of the relief which this act is intended to furnish. None of the money appropriated or provided for by this act shall be expended or al-lowed except in accordance with such rules. A certified copy of such rules shall be filed in the office of the Secretary of State, a copy thereof shall be sent to each member of the county commit-tees of the several counties, a copy shall be posted in each of at least five public places in each county, and the rules shall be pub-lished three times in a daily newspaper published in and having a general circulation throughout the state. The rules so made, cer-tified, filed, posted and published shall have the force and effect of law. Section 9. Relating to the Furnishing of Relief. For the purpose of furnishing work relief where needed, the commission shall be empowered to purchase, or authorize the purchase, of all such tools, materials andt'or supi)lies as may be necessary for the completion of the work undertaken by the commission and, when-ever deemed necessary, to provide compensation insurance for persons employed. Upon the termination of the emergency period and the completion of all work undertaken by the commission for the purpose of furnishing work relief under the provisions of this 10 CHAPTER 1 STATE OFFICERS AND COMMISSIONS act, the commission shall deliver all toots acquired hereunder and all unused materials and supplies to the Chief Engineer of the State Highway Department of the state for use by that depart-ment. In purchasing such tools, materials and/or supplies, as well as in purchasing or authorizing the purchase, by orders issued for that purpose or otherwise, of goods, wares, merchandise or other commodities or services for the purpose of furnishing di-rect relief, the commission shall, in so far as practicable, make purchases from merchants of this state and confine its purchases to products of this state. In furnishing work relief the wages paid shall be so nearly as possible at the full current rate, in the community in which they are paid, for similar tasks and such wages shall be paid weekly in cash or by cheek. Section 10. Contributions. Contributions may be received or obtained by the Commission or by the Relief Directors from any source whatsoever and the same may be used in and credited to his district subject as above stated, to the supervision and con-trol of the Commission, unless the donor thereof otherwise so ex-press. None of the public money of the state appropriated by this act for the emergency relief provided by this act shall be furnished or used for direct relief in any county of the state unless the county committee of such county contributes to the commission in money each month an amount equal to twenty per centum of the whole amount of money furnished by the com-mission for direct relief in the county during such month ; and none of such money of the state appropriated by this act shall be furnished for direct relief in any county during any month when the county committee for the county shall be in default in its obligation to contribute, as hereinabove provided, for the next preceding month. For the first month or fraction of a month of operation under this act, the commission may, if necessary, esti-mate the amount of the contribution to be made by each county committee, under the provisions of this act, and thereafter the contribution for such period shall be correctly adjusted. All con-tributions of money made to the commission by others than county committees shall be credited by the commission to the CHAPTER 1 11 12 CHAPTER 1 STATE OFFICERS AND COMMISSIONS county committees, respectively, of the counties in which the re-spective donors reside or are located, for the purpose of deter-mining whether the county committees have made the contri-butions hereby required as conditions precedent to the furnishing of direct relief under the provisions of this act in the counties re-spectively. All contributions of money made to the commission shall be deposited in the state treasury, shall be added to the money appropriated by this act and shall be paid out by the State Treasurer as is hereinafter provided with respect to the money of the state appropriated by this act. The commission shall be authorized at any time to use, for the purpose of furnishing direct relief in any county, money contributed to it from the county in which it is used, regardless of whether or not the amount so used exceeds for the month in which it is used the twenty per centum required by this act. Upon the termination of the emergency period all money contributed hereunder and remaining undis-tributed for relief hereunder shall be paid over by the State Treas-urer upon the authorization of the commission to the county com-mittees, respectively, of the counties from which such money was contributed. In addition to contributions of money, the commis-sion shall be authorized to receive contributions of office space, office furniture, supplies, food, clothing, and all other goods, wares and merchandise and personal or other services useful in furnishing the emergency relief provided by this act and to make use of the same, in the commission's discretion, in carrying out the purposes of this act. Contributions of things, other than money, when accepted by direction and consent of the commission, may be credited to the twenty per centum hereinabove referred to at such amount as a majority of the whole commission shall de-termine based upon the current market price of the commodity or article offered and accepted. Upon the termination of the emerg-ency period all contributions of other things than money, remain-ing undisposed of under the provisions of this act, shall be sold by the commission and the proceeds paid over to the county committees, respectively, of the counties from which the contri-butions sold were contributed. STATE OFFICERS AND COMMISSIONS Section 11. Records, Accounts and Reports. The commis-sion and the relief directors shall keep true and accurate accounts of all money, and of all contributions of other things than money, received and accepted under the provisions of this act, including money provided by the state hereunder and contributions of money received from others, and also of all expenditures made ; and shall also keep faithful records of their acts and proceedings hereunder. Such accounts and records shall be audited at regular periods by a certified public accountant selected by the Governor, who shall report directly to him and shall also send a copy of his reports to the Auditor of Accounts of the state. The commission shall make interim reports to the Governor, from time to time, if called upon by the Governor so to do. Section 12. Blank Forms. The commission shall prescribe and furnish such forms of records, accounts, 'reports, applications and other forms as it may deem advisable for the proper enforce-ment and administration of the provisions of this act. Section 13. General Powers of Administration. In carry-ing out any of the provisions of this act, the commission, and any person duly authorized or designated by it, may conduct any in-vestigation pertinent or material to the furtherance of its work. The commission and each person so authorized is hereby empow-ered to subpoena witnesses, administer oaths, take testimony and compel the production of such books, papers, records and doc-uments as may be relevant to any such investigation. Subpoenas shall be served by the Sheriffs of the counties in which the wit-nesses reside. The commission shall have and may exercise such other powers as may be necessary to carry out the provisions of this act, including the power to call upon any Department of the state government for information deemed by the commission to be relevant to the performance of its duties hereunder, and every such Department is hereby authorized and directed to furnish such information to the commission, or its duly authorized rep-resentative, upon request. CHAPTER 1 13 STATE OFFICERS AND COMMISSIONS Section 14. Dissolution of Commission on Completion of Work. The commission shall be dissolved and cease to function upon the termination of the emergency period or so soon there-after as it shall have completed all work previously undertaken for the purpose of furnishing work relief and settled its obliga-tions and completed its records and accounts. Upon such dissolu-tion all unexpended money of the State hereby appropriated for the purpose of furnishing the emergency relief provided by this act shall fall into and become a part of the general fund of the state and shall be so credited ; and all other money then deposited in the State treasury under the provisions of this act shall be dis-posed of as elsewhere herein provided ; likewise all tools, ma-terials, supplies and other property remaining unconsumed and directly or indirectly in the physical possession and control of the commission shall be disposed of as elsewhere herein provided. The commission shall require such final reports from relief direc-tors and county committees as it shall deem necessary and shall, after receipt and audit of such reports, make its own full and final report to the Governor of its administration of the emergency relief provided by this act and of its acts and doings hereunder, and shall at the same time deliver to the Secretary of State all its books, papers, files, records and documents, which shall be pre-served in the office of the Secretary of State. Section 15. Liberal Construction. This act shall be lib-erally construed to the end that the work of the commission shall be consummated as equitably and expeditiously as practicable. Section 16. Violations and Penalties. A violation of any of the provisions of this act or of any rule of the commission, subse-quent to the certification, filing, posting and publishing of such rule as provided herein, shall constitute a misdemeanor and shall be punishable by a fine of not less than one hundred dollars or more than one thousand dollars or by imprisonment for not more than one year or by both such fine and imprisonment. The penal-ties prescribed by this Section shall not be exclusive, and if a rule 14 CHAPTER 1 STATE OFFICERS AND COMMISSIONS be not obeyed, the commission, by the exercise of any power conferred by this act, may carry out its provisions. Section 17. Inconsistent Statutory Powers or Duties. If a statute, general or special, or any local law or ordinance confers a power, prescribes a duty, or imposes a restriction inconsistent with this act or with a rule of the commission made pursuant to this act, such power shall not be exercised or such duty or restric-tion enforced during the emergency period. Section 18. Appropriation for Emergency Relief. The sum of Two Mil/ion Dollars ($2,000,000.00), or so much thereof as may be needed, is hereby appropriated out of the general fund of the State for the purposes of this act, One Million Dollars thereof shall be available for use immediately upon the approval of this Act, and the remainder thereof, being One Million Dollars, shall be available for use on the first day of April, A. D. 1933, and the proceeds of the Franchise Tax, as established by Article 8, Chap-ter 6, of the Revised Code of Delaware, and assessed and collected thereunder for the use of the state, shall be paid by the State Tax Department to the State Treasurer to be by him deposited in the general fund of the state, until the aggregate of such payments shall amount to the sum of One Million Dollars ($1,000,000.00), whereupon the State Treasurer shall certify the fact to the State Tax Department, and upon such certification, the State Tax De-partment shall pay said franchise tax to the State Treasurer to be used by the State Board of Education as is now provided by 105, Section 68, Chapter 6, Volume 36, Laws of Delaware. The provi-sions of 105, Section 68, Chapter 6, Volume 36, Laws of Delaware, and the provisions of paragraph numbered 4, Section 58, Article XIII, Chapter 160, Volume 32, Laws of Delaware and all other acts, insofar as they may relate to and are in conflict with the payment of the proceeds of the franchise tax by the State Tax Department to the State Treasurer to be by him deposited in the general fund as hereinbefore provided are declared to be and are hereby sus-pended until the State Treasurer shall have certified to the State Tax Department that the sum of one million dollars ($1,000,- 000.00) has been deposited by him in the general fund as herein- CHAPTIL 1 15 16 CHAPTElt STATE OFFICERS AND COMMISSIONS above provided ; and, upon such certification, the said above men-tioned provisions of said acts, so as aforesaid declared to be sus-pended, shall again be in full force, operation and effect. Section 19. Additional Work Relief. For the purpose of furnishing work relief in addition to that hereinabove provided for, the State Highway Department of this state is hereby au-thorized and empowered to execute and perform as an indepen-dent contractor the work of clearing, grubbing, grading, planting trees and drainage incident to the acquisition, construction and improvement of State Highways, provided, however, that only such persons shall be employed on such work as are certified to the State Highway Department by the relief director of the City of Wilmington, or of rural New Castle County, or of Kent County, or of Sussex County, in whose jurisdiction such work is done and such persons shall be employed only for such periods of time as the said relief director shall certify, but this provision shall in no wise prevent the employment of private contractors for such work, provided, however, that the commission shall first approve the names of the persons to be employed either by said State High-way Department or said private contractors and shall determine the duration of time during which said employment shall continue. The powers hereby conferred shall be in addition to and not in limitation of the powers heretofore conferred by law upon the State Highway Department and the powers hereby conferred shall cease upon the termination of the emergency period. Section 20. Constitutionality. If any clause, sentence, paragraph, or part of this act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this act but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 21. Time of Taking Effect. This act shall take effect immediately. Approved December 1, 1932. TITLE NINE Building and Loan Associations CHAPTER 2 AN ACT to Amend an Act Entitled "An Act in Relation to Build-ing and Loan Associations and Regulating the Business of such Associations", Being Chapter 107, Volume 32, Laws of Delaware, as Amended. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Section 7 of Chapter 107, Volume 32 Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of the said Section 7, as amended, and inserting in lieu thereof the following: Section 7. The funds of a Building and Loan Association existing under the laws of this State shall not be invested in any corporation stocks, provided that nothing herein contained shall prevent a Building and Loan Association from purchasing and acquiring stock in the Federal Home Loan Bank under the provis-ions of the Act of Congress known as the Federal Horne Loan Bank Act; provided, further that nothing herein contained shall prevent a Building and Loan Association from acquiring any corporation stock to secure itself against loss of money owing to it by any borrower. Such stock so acquired under the last pre-ceding clause shall be sold within sixty days after the State Bank Commissioner shall direct. It shall be lawful for any Building and Loan Association heretofore or hereafter incorporated under the laws of this State to become a member of the Federal Home Loan Bank, organized or to be organized in the District in which such Building and Loan Association is located, under the provisions of the Act of Congress known as the Federal Home Loan Bank Act, approved July 22, A. D. One Thousand Nine Hundred and Thirty-Two, and such Building and Loan Association may subscribe for, purchase, hold and surrender, from time to time, such amounts of the 17 18 CHAPTER 2 BUILDING AND LOAN ASSOCIATIONS capital stock of such Federal Home Loan Bank as such Building and Loan Association may deem advisable, or as may be required under said Federal Home Loan Bank Act, or any Amendment thereof, in order to obtain and continue such membership, and upon the purchase of such stock to assume the liabilities and be-come entitled to the benefits recited in said Federal Home Loan Bank Act. Any Building and Loan Association doing business within the bounds of this State may borrow money and secure the same by the issuance of certificates of indebtedness or other corporate obligations, provided that the amount borrowed shall not at any time exceed, in the aggregate, thirty per cent of the dues actually paid in on the shares of the Association and shall not bear a high-er rate of interest than Six Per Cent per annum. Any Building and Loan Association doing business within the bounds of this State may secure advances from the Federal Home Loan Bank by the assignment or pledge of any mortgage, mortgages, or other assets, held by such Building and Loan Asso-ciation and such Building and Loan Association is hereby author-ized in securing said advances to comply with such regulations, restrictions and limitations as the Board of the Federal Home Loan Bank may prescribe. No more than fifty per centum (50%) of the paid in dues of any Building and Loan Association doing business within the boundaries of this State shall be loaned on real estate security on other than first liens. Approved November 22, 1932. CHAPTER 3 RESOLUTIONS WHEREAS, the members of the General Assembly of the State of Delaware have been informed by communication from the Governor of the State of Delaware that the situation in so far as direct relief is concerned in the Wilmington area is very tense and that the time has come for immediate action relating thereto, as the relief units of the Mayor's Committee have been forced to close operations because many merchants, in and about the City of Wilmington, are no longer able or willing to honor orders issued by the said Committee; therefor Be it resolved by the Senate and House of Representatives of the State of Delaware in General Assembly met: That the sum of Seventy-five Thousand Dollars be and the same is hereby appropriated out of the General Fund of the State Treasury from funds not otherwise appropriated to be expended under the supervision and control of the Lieutenant Governor of the State of Delaware and the Speaker of the House of Repre-sentatives of the State of Delaware for the purpose of providing relief for those of our citizens who are in dire distress as a result of unemployment. The State Treasurer is hereby authorized and directed to pay said sum on warrant signed by the said Lieutenant Governor and Speaker of the House and approved by the Auditor of Accounts. The money hereby appropriated shall be refunded to the State Treasury from any funds that may be hereafter appro-priated by the General Assembly for Emergency Relief. Approved November 22, 1932. 19 20 CHAPTER 4 RESOLUTIONS WHEREAS, the present Special Session will be the last Ses-sion of the General Assembly of the State of Delaware to be held in these Assembly Rooms and Legislative Chambers wherein the Senate and House of Representatives are now sitting; and WHEREAS, the desks and chairs now used by the respec-tive members of the Senate and House of Representatives will not be used in the new Legislative Building wherein the General Assembly will hereafter assemble and have its sessions ; and WHEREAS, the said desks and chairs are apparently of no further use to the State of Delaware and could not be disposed of at public or private sale at any price or prices worth consider-ing; and WHEREAS, each member of the General Assembly now in Special Session naturally has some sentiment or feeling of attach-ment for the particular desk and chair in the Senate or House of Representatives, as the case may be, which he has used and oc-cupied at this last session in these Legislative Chambers ; there-fore Be it resolved by the Senate and House of Representatives of the State of Delaware in General Assembly met: That, upon the adjournment sine die of the present Special Session of the General Assembly of the State of Delaware, each member of the Senate and House of Representatives shall be permitted, if he so desires, to take the particular desk and chair which he has used and occupied in the Senate or House of Repre-sentatives, as the case may be, at this Special Session of the Gen-eral Assembly, and the person or persons having the custody or control or possession of the said desks and chairs at the final ad-journment of this Special Session of this General Assembly is or are hereby authorized, empowered and directed to deliver to any member of the Senate or House of Representatives desiring the CHATTER 4 RESOLUTIONS same, the desk and chair used and occupied by such member at this Special Session, provided, nevertheless that any such mem-ber, so desiring said desk and chair as aforesaid, shall remove the same within ten days after the final adjournment of this present session. Approved December 1, 1932. 21 22 PROCLAMATION OF THE GOVERNOR STATE OF DELAWARE EXECUTIVE DEPARTMENT PROCLAMATION WHEREAS, Section 16 of Article III of the Constitution of the State of Delaware provides that "He, (the Governor of the State of Delaware)may on extraordinary occasions convene the General As-sembly by proclamation." AND WHEREAS; due to the financial and business depres-sion throughout the Nation, widespread unemployment exists in the State of Delaware, and as a result thereof an extraordinary occasion within the meaning of said constitutional provision has arisen and now exists ; THEREFORE, by virtue of the authority vested in me by said Section 16 of Article III of the Constitution of the State of Delaware, I, C. D. Buck, Governor of the State of Delaware, do issue this, my proclamation: That the General Assembly of the State of Delaware shall convene at Dover, the Capitol of the said State, on Tuesday, the fifteenth day of November, A. D. 1932, at 12:00 o'clock noon, to consider and act upon the following matters and subjects of legis-lative business for relief of the existing conditions resulting from said unemployment ; 1To consider ways and means whereby certain moneys may be secured and set aside for the purpose of providing relief for the people of this State from the hardships and suffering caused by unemployment, without the necessity of any additional tax-ation. 23 PROCLAMATION 2To consider an amendment to "An Act in relation to Building and Loan Associations and regulating the business of such associations" being Chapter 107, Volume 32, Laws of Dela-ware, to the end that the funds of such associations existing under the laws of this State may be invested in the Home Loan Bank created under the laws of the United States of America in accordance with the provisions of the Act of Congress creating said Home Loan Bank. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Delaware to be affixed, at Dover, this fourth day of No-vember, in the year of our Lord one thousand nine hundred and thirty-two and of the Inde-pendence of the United States the one hundred and fifty-seventh. By the Governor: C. D. BUCK. CHARLES H. GRANTLAND, Secretary of State. LAWS OF THE STATE OF DELAWARE PASSED AT THE One Hundred And Fourth Session of the General Assembly COMMENCED AND HELD AT DOVER On Tuesday, January 3, A. D. 1933 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES THE ONE HUNDRED AND FIFTY-SEVENTH VOLUME XXXVIII-PART II LAWS of DELAWARE TITLE ONE Construction of Statutes CHAPTER 1 PART II AMENDMENT TO CONSTITUTION AN ACT proposing an Amendment to Section 28 of Article IV of the Constitution of the State of Delaware, relating to Writ of Error. 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 28 of Article IV of the Constitution of the State of Delaware be amended so as to read as follows : "Section 28. No writ of error shall be brought upon any judgment heretofore confessed, entered or rendered, or upon any judgment hereafter to be confessed, entered or rendered, but within six months after the confessing, entering or rendering thereof; unless the person entitled to such writ be an infant, non compos mentia, or a prisoner, and then within six months ex-clusive of the time of such disability." Approved April 20, 1933. 27 28 CHAPTER 2 AMENDMENT TO CONSTITUTION AN ACT proposing an Amendment to Section 17, of Article 2, of the Constitution of the State of Delaware, relating to the Sale of Lottery Tickets, Pool Selling and Other Forms of Gambling. 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 Article 2 of the Constitution of the State of Delaware be and the same is hereby amended, by striking out all of section 17, of Article 2 thereof, and by inserting in lieu thereof a new Section 17, in the following language, viz: Section 17. Lotteries. The sale of Lottery Tickets, Pool Selling and all other forms of gambling are prohibited in this State; except wagering or betting on races at race tracks by the use of pari-mutuel machines or totalizators in connection there-with. The General Assembly shall enforce this section by appro-priate legislation. CHAPTER 3 AMENDMENT TO CONSTITUTION AN ACT agreeing to the Proposed Amendment of Section 4, of Article 1 of the Constitution of the State of Delaware, relat-ing to Trial by Jury. Whereas, an Amendment to the Constitution of the State of Delaware was proposed to the Senate in the One Hundred and Third Session of the General Assembly, as follows : "An Act proposing an Amendment to Section 4 of Article 1 of the Constitution of the State of Delaware, relating to trial by jury. 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 4 of Article 1 of the Constitution of the State of Delaware be amended by adding to the end thereof the following words : "Provided, however, that Grand Juries in New Castle County shall consist of fifteen members, one of whom shall be selected from, and shall be a resident of, each representative district in said county, and the affirmative vote of nine of whom shall be necessary to find a true bill of indictment ; and Grand Juries in Kent County and in Sussex County shall consist of ten members, one of whom shall be selected from, and shall be a resident of each representative district in the county in which he or she is se-lected, and the affirmative vote of seven of whom shall be neces-sary to find a true bill of indictment." And Whereas, the said proposed amendment was agreed to by two-thirds of all the members elected to each House in the said One Hundred and Third Session of the General Assembly ; and 29 AMENDMENT TO CONSTITUTION Whereas, the said proposed amendment was published by the Secretary of State three months before the then next general election, to wit: the general election of 1932, in three newspapers in each County in the State of Delaware, Now Therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each House of the General Assembly agreeing thereto): Section 1. That the said proposed Amendment be and it is hereby agreed to and adopted and that the same shall forthwith become and be a part of the Constitution. Approved March 22, 1933. 30 CHAPTER 3 CHAPTER 4 TRIAL BY JURY AN ACT to carry into effect the Amendment to Section 4 of Article 1 of the Constitution of the State of Delaware, relat-ing to Trial by Jury. WHEREAS, Section 4 of Article 1 of the Constitution of the State of Delaware relating to trial by jury has been amended ; and whereas, it is the purpose and intent of this Act to make effec-tive this Amendment without uncertainty or delay. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That the Grand Juries of the respective counties of this State as now constituted be and the same are hereby abolished, and the term of each and every Grand Juror is hereby terminated. Section 2. The Jury Commissioners for each county shall forthwith draw from the boxes marked "Grand Jurors", to which said Commissioners may restore the names of the present Grand Jury, the names of fifteen persons for New Castle County, and the names of ten persons for Kent County and Sussex County respec-tively, one of whom shall be selected from, and shall be a resident of each representative district in the county in which he or she is selected. A correct list of the names of the persons so drawn, with the date of the drawing endorsed thereon, shall be immediately de-livered by the Jury Commissioners to the Sheriff of the county, and the Sheriff of each county respectively shall thereupon forth-with summons each of the said persons to serve as the standing Grand Jurors for the remainder of the year A. D. 1933. That the provisions of paragraphs 4256 and 4261 of the Revised Code of this State (1915) in relation as to the time of the drawing of said names and the service thereof by the Sheriff shall not apply to the Grand Jurors drawn for the year A. D. 1933. 31 32 TRIAL BY JURY CHAPTER 4 Section 3. That paragraph 4254 of the Revised Code of the State of Delaware (1915) be and the same is hereby amended by striking out in the fifth line thereof the words "one hundred", and inserting in lieu thereof the word "fifty". Section 4. That paragraph 4256 of the Revised Code of the State of Delaware (1915) be and the same is hereby amended by striking out all of papagraph 4256 and by inserting in lieu thereof the following: 4256. Sec. 5. Grand Jury ; When and How Drawn ; Num-ber; Term of Service :The said commissioners for each County, respectively, shall, within fifteen days before the commencement of the first term in each calendar year of the Court of General Ses-sions for the County for which said Commissioners were ap-pointed, respectively, in the presence of such persons as may choose to be present, draw from the boxes marked "Grand Jurors" the names of fifteen persons for New Castle County, and the names of ten persons for Kent County and Sussex County re-spectively, one of whom shall be selected from, and shall be a resident of each representative district in the county in which he or she is selected, to serve for one year at the several courts, at which a Grand Jury is required, to be holden during said year in said County. Approved March 29, 1933. 33 CHAPTER 5 CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL AMENDMENT AN ACT to provide for Conventions in the State of Delaware to take action upon Amendments to the Constitution of the United States which may be proposed by the Congress for Ratification by Conventions in the Several States. WHEREAS, Article V of the Constitution of the United States provided as follows : The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitu-tion, or, on the Application of the Legislatures of two-thirds of the several States, shall call a Convention for proposing Amend-ments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legis-latures of three-fourths of the several States, or by Conventions in three-fourths thereof, as the one or the other Mode of Ratifi-cation may be proposed by the Congress ; Provided that no Amendment which may be made prior to the Year One Thousand Eight Hundred and Eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. and WHEREAS, there are no provisions in either the Constitu-tion or the Laws of the State of Delaware for conventions in the State of Delaware to take action upon Amendments to the Con-stitution of the United States which may be proposed by the Congress for ratification by conventions in the several States ; and WHEREAS, it is apparent that action by such conventions should truly reflect the true state of public opinion throughout the State of Delaware ; CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL AMENDMENT Therefore, Be it enacted by the Senate and House of Rep-resentatives of the State of Delaware, in General Assembly met: Section 1. Whenever the Congress of the United States shall propose an Amendment to the Constitution of the United States and shall propose that the same shall be valid when ratified by conventions in three-fourths of the several States, the Gover-nor of this State shall fix by proclamation the date of an election for the purpose of electing delegates to such convention of this State. Such election may be either at a special election or may be held at the same time as a general election, or special, but shall be held at least as soon as the next general election occurring more than three months after the Amendment has been pro-posed by the Congress. Section 2. If such election be held at the same time as a gen-eral election, all persons qualified to vote at such general election for representatives to the General Assembly of this State, shall be entitled to vote. If such election be held at a time other than at the same time as a general election, all persons qualified to vote for represent-atives to the General Assembly of this State at the last general election next preceding said special election, shall be entitled to vote. There shall be one or more registration days prior to such special election, as the Governor in his proclamation, fixing the date for the special election, may determine. The Governor shall also, in said proclamation, fix the date or dates of such registration day or days, provided that no registra-tion shall be held within ten days next prior to such special elec-tion. On said registration day or days persons whose names are not on the list of registered voters established by law for said last general election, may apply for registration, and on said registra-tion day or 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. 34 CHAPTER 5 CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL AMENDMENT Section 3. Except as in this Act otherwise provided, such election shall be conducted and the results thereof ascertained and certified in the same manner as in the case of the election of Electors of President and Vice-President in this State and the Governor shall, without delay, examine the certificates and as-certain the delegates to such Convention chosen and make known the same by proclamation, and cause notice to be given to each delegate so elected of his election as a delegate. All provisions of the laws of this State relative to elections,except so far as incon-sistent with the provisions of this Act, are hereby made applicable to such election. Section 4. The number of delegates to be chosen to such convention shall be seventeen, to be elected from the State at large. Seven of such delegates shall be residents of New Castle County, five of such delegates shall be residents of Kent County, and five of such delegates shall be residents of Sussex County. Section 5. Candidates for the office of delegate to the con-vention shall be citizens and qualified voters of this State. Nomi-nations shall be by petition and not otherwise. A single petition may nominate any number of candidates not exceeding the total number of delegates to be elected from each county, and all can-didates on any such petition shall be residents of the same County and shall reside in the County which said candidates propose to represent at such convention and every such petition shall be signed by not less than one hundred (100) persons who are quali-fied voters of the County wherein such candidate or candidates reside. Nominating petitions shall be filed with the Clerk of the Peace of the County which said candidates propose to represent. Nominations shall be without party or political designation, but the nominating petitions shall contain a statement as to each nominee to the effect that he favors ratification, or that he op-poses ratification, or that he remains uncommitted to either rati-fication or rejection of the proposed amendment to the Constitu-tion of the United States, and no nominating petition shall con- CHAPTER 5 35 CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL AMENDMENT tam n the name of any nominee whose position as stated therein is inconsistent with that of the position of any other nominee as stated therein. Section 6. The sixteenth day before the day fixed for the holding of such election shall be the last day for the filing of nominating petitions with the respective Clerks of the Peace, or if said sixteenth day falls upon a Sunday or a legal holiday, the day following shall be the last day for the filing of said nominating petitions, and thereafter nominations for the office of delegate to such convention shall be closed. After the closing of such nomi-nations, the respective Clerks of the Peace shall forthwith count and determine the number of signatures which each candidate for nomination as delegate to such convention, has obtained upon his or their respective nominating petition or petitions. In mak-ing such count and determination, the respective Clerks of the Peace shall only count the signatures of those persons who are qualified voters of the County which the candidates propose to represent at such convention. A signature to such nominating petition shall be prima facie evidence that the person purporting to sign the same did actually sign the same and that such person is a qualified voter of the same county as the county of residence of the Candidate or Candidates whose names appear in said nomi-nating petition, and all signatures to such nominating petitions shall be counted by the respective Clerks of the Peace, unless within five days after the closing of nominations as aforesaid, evidence satisfactory to the Clerk of the Peace, shall have been produced before him that a person whose name purports to have been signed to a nominating petition is either a fictitious person or not a qualified voter of the County of residence of the candi-date or candidates whose nominating petition he purports to have signed. After the closing of nominations all nominating petitions shall be open to the inspection of any qualified voter of the County in which such petitions have been filed. Section 7. No nominations shall be effective except those of the seven candidates from New Castle County in favor of ratifica- 36 CHAPTER 5 CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL AMENDMENT tion, the seven candidates from New Castle County against rati-fication and the seven candidates from New Castle County not committed to either ratification or rejection of the proposed Amendment, the five candidates from Kent County in favor of ratification, the five candidates from Kent County against ratifica-tion and the five candidates from Kent County not committed to either ratification or rejection of the proposed Amendment, the five candidates from Sussex County in favor of ratification, the five candidates from Sussex County against ratification and the five candidates from Sussex County not committed to either rati-fication of rejection of the proposed Amendment, whose nominat-ing petitions have respectively been signed by the largest number of qualified persons, ties to be decided by lot drawn by the respec-tive Clerks of the Peace. Section 8. After the nominees for delegates to such Con-vention shall have been determined by the Clerks of the Peace as aforesaid, it shall be the duty of each Clerk of the Peace to certify to the other Clerks of the Peace in this State the names of the nominees from their respective Counties to such convention and to further certify which nominees from their respective Counties were noniinated as in favor of ratification, which nominees from their respective Counties were nominated as opposed to ratifica-tion and which nominees from their respective Counties were nominated as uncommitted either to ratification or rejection of the proposed Amendment. Section 9. Candidates for nomination not nominated as aforesaid, shall be deemed to be alternates to the nominees in their respective groups in the order of the number of signatures which they have respectively received upon their nominating pe-titions, and in the event of the death, resignation or removal of any nominee, the first alternate shall take his place as nominee, and so on, ties to be decided by lot drawn by the respective Clerks of the Peace. In the event of such death, resignation or removal, it shall be the duty of the Clerk of the Peace of the County from which said nominee was nominated, to forthwith certify to the CHAPTER 5 37 38 CHAPTER 5 CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL AMENDMENT other Clerks of the Peace the fact of such death, resignation or re-moval, together with the name of the new nominee. In the event of the death, resignation or removal of any nominee after the printing of the ballots for such election, it shall be the duty of the Clerks of the Peace to provide the election officers of each election district with a number of pasters containing only the name of such nominee, at least equal to the number of ballots provided for each election district and it shall be the duty of the Clerks of election to put one of such pasters in a careful and proper manner in the proper place on each ballot before they shall deliver the same to voters. Section 10. It shall be the duty of the Clerk of the Peace of each County to cause to be printed and distributed the ballots for said election in the quantity and in the manner provided by law for general elections; provided that such ballots as are required under the election laws to be delivered to the chairmen of the var-ious political parties shall, in lieu thereof, be distributed to the various nominees as equally as possible, and provided further that the Clerk of the Peace in each County, in addition to the above mentioned ballots, shall cause to be printed such further number of ballots as shall be directed by any nominee in any County; provided, however, that the said Clerk of the Peace shall not have printed any ballots upon the order or request of any nominee, unless the said request shall have been made to him in writing at least ten days prior to the holding of the election at which the said ballots are to be used, nor unless a deposit sufficient to cover the cost of the ballots be made at the time they are or-dered. The ballots so ordered by the said nominees shall be de-livered to the said nominees or to their agents upon their request or order at least five days before the election at which the said ballots are to be used. Section 11. The election shall be by ballot, separate from any ballot to be used at the same election. Such ballot, if used at a general election, shall be enclosed in the same envelope as the bal- CHAPTER 5 39 CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL AMENDMENT lot for use at such general election, otherwise each ballot cast shall be enclosed in a separate envelope. Said ballot shall first state the substance of the proposed Amendment. This shall be followed by appropriate instructions to the voter. It shall then contain perpendicular columns of equal width headed respectively in plain type "For Ratification" "Against Ratification" and "Un-committed". In the column headed "For Ratification" shall be placed the names of the nominees nominated from the entire State as in favor of ratification, in alphabetical order. In the column headed "Against Ratification" shall be placed the names of the nominees nominated from the entire State as against rati-fication, in alphabetical order. In the column headed "Uncom-mitted" shall be placed the names of the nominees nominated from the entire State, as uncommitted to either ratification or rejection in alphabetical order. The voter shall indicate his choice by making one or more cross marks in the appropriate spaces provided on the ballot. No ballot shall be held void because any such cross mark is irregular in character. The ballot shall be so arranged that the voter may by making a single cross mark, vote for the entire group of nominees whose names are comprised in any column. The ballot shall be as like as possible to the form of the official ballot now used in this State and substantially in the following form: CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL AMENDMENT OFFICIAL BALLOT PROPOSED AMENDMENT TO THE CONSTITUTION OF UNITED STATES Delegates to the Convention to Ratify the Proposed Amendment. The Congress has proposed an amendment to the Constitution of the United States which provides (insert here the substance of the proposed amendment). The Corigress has also proposed that the said amendment shall be rati-fied by Conventions in the States. INSTRUCTIONS TO VOTERS Do not vote for more than 17 candidates To vote for all candidates in favor of Ratification of the proposed amendment, or for all candidates against Ratification of the proposed amendment, or for all candidates who intend to remain uncommitted to either Ratification or rejection of the proposed amendment, make a cross-mark in the Block at the head of the list of candidates for whom you wish to vote. If you do this, make no other mark. To vote for an individual candidate make a cross-mark in the Block at the left of the name. f; FOR RATIFICATION AGAINST RATIFICATION I UNCOMMITTED For Delegates to the Conven-tion. For Delegates to the Conven-don. For Delegates to the Conven-tion. JOHN DOE JOHN DOE JOHN DOE JOHN DOE JOHN DOE JOHN DOE JOHN DOE JOHN DOE JOHN DOE JOHN DOE JOHN DOE JOHN DOE 40 CHAPTER 5 CHAPTER 5 CONVENTION TO RATIFY FEDERAVCONSTITUTIONAL AMENDMENT All ballots used at -elections for ratifying conventions shall be printed as outlined in the paragraph immediately above. How-ever, if the Governor, in his proclamation, calling for election of Delegates to a ratifying convention, deems it expedient to fur-ther print on the ballots information that will be more informa-tive to the electorate on the subject, which is being voted upon, this act will give the Governor the power to do so. Section 12. The seventeen nominees who shall receive the highest number of votes shall be the Delegates to the Convention. If there shall be a vacancy in the Convention caused by the death or disability of any delegate or any other cause, the same shall be filled by appointment by the majority vote of the delegates comprising the group from which such delegates was elected and if the Convention contains no other delegate of that group, shall be filled by the Governor. Section 13. The Delegates to the Convention shall meet in the Senate Chamber at the State House in Dover on the twenty-eighth day after their election at twelve o'clock noon, and shall thereupon constitute a Convention to pass upon the question of whether or not the proposed Amendment shall be ratified. Section 14. The Convention shall have power to elect its president, secretary and other officers, and to adopt its own rules. Section 15. The Convention shall keep a journal of its pro-ceedings in which shall be recorded the vote of each Delegate on the question of ratification of the proposed Amendment. Section 16. After the sense of the majority of the total number of Delegates composing the Convention is taken upon the question of the ratification of the proposed amendment to the Constitution of the United States, the Convention shall certify a resolution of its vote over the hand of the President, attested by the Secretary and signed by all of the members of the Conven- 41 CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL AMENDMENT tion. Such resolution shall be so certified in duplicate originals. The duplicate originals shall then be delivered by the Convention to the Secretary of State together with the Journal and any other records of the Convention. If it appears from the resolutions so certified to the Secre-tary of State that the proposed amendment to the Constitution of the United States has been ratified by the Convention, it shall be the duty of the Secretary of State to send to the Secretary of State of the United States one of the duplicate originals certified under his hand and the seal of the State of Delaware. The re-maining duplicate original shall be proclaimed by publication and shall be deposited together with the journal and any other rec-ords of the Convention in the State Archives. If it appears from the resolutions so certified to the Secretary of State that the pro-posed amendment to the Constitution of the United States has not been ratified, the resolution shall be proclaimed by publica-tion and the duplicate originals of the resolution together with the journal and any other record of the Convention shall be de-posited in the State Archives. Section 17. Every delegate to such convention shall re-ceive Ten Dollars ($10.00) for every day he is in attendance at such convention, not exceeding three, and in addition thereto, ten cents (10c) for each mile necessarily travelled by him in mak-ing one round trip from the place of his residence to Dover. The president, secretary and other officers shall receive such compen-sation as may be fixed by the convention not in excess of Twenty-five Dollars ($25.00) for any such officer, in addition to his com-pensation as such delegate. Disbursements for the foregoing purposes and for other necessary expenses of the convention, when approved by the convention and signed by the President, shall be paid by the State Treasurer out of any monies not other-wise appropriated. The expenses of holding a special election shall be borne as now provided by law for the holding of a gen-eral election. 42 CHAPTER 5 CHAPTER 5 CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL AMENDMENT Section 18. if at or about the time of submitting any such Amendment, Congress shall either in the resolution submitting the same or by a statute, prescribe the manner in which the con-ventions shall be constituted, and shall not except from the provi-sions of such statute or resolution such states as may theretofore have provided for constituting such conventions, the preceding provisions of this Act shall be inoperative, the convention shall be constituted and shall operate as the said resolution or Act of Congress shall direct, and all officers of the State who may by the said resolution or statute be authorized or directed to take any action to constitute such a convention for this State are hereby authorized and directed to act thereunder and in obedience thereto with the same force and effect as if acting under a sta-tute of this State. Approved April 11, 1933. 43 TITLE TWO Jurisdiction and Property. of the State CHAPTER 6 PUBLIC LANDS AN ACT granting the consent of the General Assembly of the State of Delaware to the acquisition by the United States of Lands at the mouth of the Mispillion River in Cedar Creek Hundred, Sussex County, State 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 consent of the General Assembly of the State of Delaware be, and the same is hereby, given pursuant to the Seventeenth clause of the Eighth Section of the First Ar-ticle of the Constitution of the United States, to the purchase by the United States of one hundred sixty-two and one-hundred four thousandths (162.104) acres of land, now included in the Military Reservation of Fort Saulsbury, in the vicinity of the Mispillion River, in Cedar Creek Hundred, Sussex County, State of Delaware, for use as a site for fortifications, and to the acqui-sition by purchase or proceedings in condemnation of such addi-tional land adjacent thereto as may be required by the Federal Government for the said purpose. Section 2. Jurisdiction over the said lands, which have heretofore been acquired or which shall hereafter be acquired, is hereby granted and ceded to the United States ; provided, that 44 PUBLIC LANDS the sovereignty and jurisdiction of this State shall extend over the said lands so far as that all civil process and such criminal process as may issue under the authority of this State against any person or persons charged with crimes or other offenses com-mitted within such lands may be executed thereon in the same way and manner as if this consent had not been given. Approved April 6, 1933. CHAPTER 6 45 46 CHAPTER 7 JURISDICTIONS, LIMITS AND SOVEREIGNTY AN ACT to change the Boundary Lines of Broad Creek Hundred and Nanticoke Hundred. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 16. That the Boundary Line between Broad Creek Hundred and Nanticoke Hundred shall be changed so that the new State Highway from Concord to Millsboro, and its courses and directions shall be and constitute the Boundary Line between said Hundreds. Approved April 25, 1933. TITLE THREE State Revenue and Supplies CHAPTER 8 DELAWARE ESTATE TAX AN ACT to amend Chapter 6, of the Revised Code of the State of Delaware (1915) as amended with respect to Estate Tax. 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 State of Delaware (1915) as amended 152-a Sec. 115-a be and the same is hereby amended by striking out and repealing the second para-graph of 152 (a) Sec. 115 (a) and substituting in lieu thereof the following: The said Delaware Estate Tax upon the estate of every de-cedent as aforesaid shall be computed as follows : The aggregate amount of the taxes due to the State of Delaware under the pro-visions of Section 109 of this Chapter in respect to any property, or estate, or interest therein, belonging to the decedent at the time of his death shall first be ascertained. To such amount there shall be added the aggregate amount of all estate, inheri-tance, legacy, and succession taxes actually paid to any other state or territory of the United States or to the District of Co-lumbia in respect to any property owned by such decedent or sub-ject to such taxes as a part of or in connection with his estate. The sum resulting from such addition shall then be deducted from an amount equal to the amount of the maximum credit allowable to the estate of the decedent by the Federal Estate Tax law or laws for estate, inheritance, legacy or succession taxes 47 DELAWARE STATE TAX paid to any State or territory or the District of Columbia. The remainder shall constitute and be the Delaware Estate Tax upon the estate of the decendent. In case of any estate Where the amount to be deducted as aforesaid is equal to or greater than the aforesaid credit, allowed by Federal Estate Tax law or laws, then the said estate shall be exempt from the Delaware Estate Tax prescribed by this section. Section 2. That Chapter 6, of the Revised Code of the State of Delaware (1915) as amended be and the same is hereby amended by adding the following paragraph to 152 (a) Sec. 115 (a) : When any amount has been erroneously paid as Delaware Estate Tax it shall be lawful for the State Treasurer, on satis-factory proof rendered to him of said erroneous payment, and upon the recommendation of the Register of Wills of the County wherein such tax shall have been collected, to refund and pay to the executor, administrator or trustee, person or persons who have paid any such tax in error, the amount of such tax so paid, provided that all applications for the repayment of said tax shall be made within two years from the date of said payment. Section 3. Nothing in this Act shall be deemed to remit or relieve from the Delaware Estate Tax the estate of any person dying before the approval of this Act. Except where the Dela-ware Estate Tax was paid and discharged prior to the approval of this Act the Delaware Estate Tax computed and ascertained under the provisions of 152-A, Section 115-A of Chapter 6, of the Revised Code of the State of Delaware (1915) as amended by this Act shall be deemed and held to be imposed upon and collectible out of the estate of every person dying after the twenty-sixth day of February, 1926, and who at the time of his death was a resident of the State of Delaware, provided such estate was sub-ject to federal estate tax. Approved June 1, 1933. 48 CHAPTER 8 CHAPTER 2 STATE REVENUE AN ACT to transfer certain monies now in the Sinking Fund to the General Fund, and directing that all monies received immediately after the approval of this act and until June 30, 1935, from the Delaware Estate Tax shall be deposited to the credit of the General Fund of 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 sum of Seven Hundred Thousand Dol-lars of the monies now standing to the credit of the Sinking Fund of the State shall be immediately transferred by the State Trea-surer to the credit of the General Fund of the State. Section 2. That immediately after the approval of this Act and until June 30, 1935, all monies derived from the Delaware Estate Tax shall be deposited to the credit of the General Fund of the State. Section 3. That, all Acts or parts of Acts inconsistent with the provisions of this Act be and the same are hereby repealed to the extent of such inconsistency. Approved May 22, 1933. 49 50 CHAPTER 10 STATE REVENUE AN ACT to amend Article 8, Chapter 6 of the Revised Code of the State of Delaware as amended by Chapter 6, Volume 36, 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 Article 8, Chapter 6 of the Revised Code of Delaware as amended by Chapter 6, Volume 36, Laws of Dela-ware be and the same is hereby amended by inserting a new para-graph as follows: For the fiscal year beginning July 1, 1933, and ending June 30, 1934, the sum of Four Hundred and Sixty Thousand ($460,- 000.00) Dollars shall be paid by the State Tax Department out of the proceeds of the franchise tax as established by Article 8, Chapter 6 of the Revised Code of Delaware and assessed and col-lected thereunder ; and, for the fiscal year beginning July 1, 1934, and ending June 30, 1935, a further sum of Four Hundred and Fifty Nine Thousand ($459,000.00) Dollars shall likewise be paid by the State Tax Department out of the proceeds of the Fran-chise Tax as established by Article 8, Chapter 6 of the Revised Code and assessed and collected thereunder, to the State Trea-surer. The sums so paid as aforesaid to the State Treasurer shall be deposited by him and such sums shall be utilized as follows : 1. For the payments of the sums set forth and appropri-ated in the General Appropriation Act of the One Hundred Fourth General Assembly of the State of Delaware under item J "Education" and comprising sums appropriated for the Uni-versity of Delaware, the State College for Colored and the State Board Vocational Education, to-wit, Three Hundred and Twenty Thousand Dollars ($320,000.00) for the fiscal year beginning July 1, 1933, and ending June 30, 1934, and Three Hundred and Nine-teen Thousand Dollars ($319,000.00) for the fiscal year beginning 1 CHAPTER 10 STATE REVENUE 51 July 1, 1934, and ending June 30, 1935, which said sums are ap-propriated for such purposes. There is hereby appropriated out of the funds to be so transferred for the fiscal year beginning July 1, 1933 and ending June 30, 1934, the sum of ninety thousand dollars, and the fur-ther sum of ninety thousand dollars is hereby appropriated out of the funds to be so transferred for the fiscal year beginning July 1, 1934 and ending June 30, 1935, the sums so appropriated shall be paid out of the funds to be transferred in accordance with this Act, and shall be utilized for the operation and maintenance of the State Tax Department for the fiscal years set forth herein. In addition to the foregoing sums, there is hereby ap-propriated out of the funds to be transferred in accordance with this Act, the sum of Fifty Thousand Dollars ($50,000.00) for the fiscal year beginning July 1, 1933, and ending June 30, 1934 and a like sum of Fifty Thousand Dollars ($50,000.00) for the fiscal year beginning July 1, 1934 and ending June 30, 1935 which said sums so appropriated shall be and constitute a contingent fund to be utilized solely for the operation and maintenance of any educational institutions of the State of Delaware which are now, and have been heretofore, receiving appropriations from the Con-gress of the United States when as and if Federal Appropriations to such institutions are reduced. Such contingent fund shall be used to make up any deficit in the finances of said institutions caused by reductions in appropriatons from the Federal Govern-ment to the extent of reduced Federal appropriations, and for no other purposes. Any portion of said sums to be transferred in accordance with the provisions of this Act and not utilized during the fiscal year for which the appropriation is hereby made for any of the purposes specified in this Act shall be paid to the School Fund as created and set forth by the Laws of Delaware. The provisions of this Section, and the provisions of para-graph numbered 4, Section 58, Article XIII, Chapter 160, Volume 32, Laws of Delaware and all other Acts, insofar as they may 52 CHAPTER 10 STATE REVENUE relate to and are in conflict with the payment of the proceeds of the franchise tax by the State Tax Department to the State Trea-surer to be by him deposited as hereinbefore provided are de-clared to be and are hereby suspended to the extent and purport of this Act only until the State Treasurer shall have certified to the State Tax Department that the total sum of Nine Hundred and Nineteen Thousand ($919,000.00) Dollars, has been deposited as hereinabove provided ; and, upon such certification, the said above mentioned provisions of said Acts, so as aforesaid declared to be suspended, shall again be in full force, operation and effect. Approved May 24, 1933. CHAPTER 11 INTOXICATING LIQUOR AN ACT to repeal an act entitled "An Act to Prohibit the Liquor Traffic in the State of Delaware and to Provide for the En-forcement of such Prohibition" being Chapter 239, Volume 30 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 Chapter 239, Volume 30 of the Laws of Delaware being an Act entitled "An Act to prohibit the liquor traffic in the State of Delaware and to provide for the enforce-ment of such prohibition" approved March 21st, A. D. 1919 be and the same is hereby repealed. Approved February 1, 1933. 53 54 CHAPTER 12 INTOXICATING LIQUOR AN ACT to amend Chapter 10, of Volume 29, of the Laws of Delaware, in reference to intoxicating liquors. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 10, Volume 29, Laws of Delaware, entitled "An Act to amend Chapter 6, of the Revised Code of the State of Delaware, being in relation to spirituous, vinous, or malt liquors in those portions of the State of Delaware where the sale of such liquor is prohibited by law" be and the same is hereby amended as follows: First. By striking out, as they appear in the ninth line of paragraph (1) the words: "so much as one half of one percentum of alcohol by volume" and inserting in lieu thereof the words: "such percentum of alcohol by volume as is prohibited under the Constitution and laws of the United States of America." Second. By striking out, as they appear in the seventh and eighth lines of paragraph (2), the words: "at any one time, more than one quart of spirituous liquors, or one dozen pint bottles of malt liquors" and inserting in lieu thereof the words: "at any time liquor for sale or barter." Third. By striking out, as they appear in the eighteenth and nineteenth lines of paragraph (4) the words : "in quantity not to exceed one quart, or malt liquors not to exceed one dozen pint bottles" and inserting in lieu thereof the words: "not for sale or barter." Fourth. By adding at the end of paragraph (7), the fol-lowing: INTOXICATING LIQUOR Every such warrant shall be in form and substance exactly like and similar to the form of Search Warrant now used by the Federal Prohibition Enforcement Act of Congress, commonly known as the "Volstead Act" with only such changes, in the parts of the Federal Warrant that refer to the Federal Govern-ment and Federal Agents, as are necessary to make the same apply to the State of Delaware and the proper officials or agents in the State of Delaware. No search warrant shall issue to search any private dwelling occupied as such unless it is being used for the unlawful sale of intoxicating liquor, or unless it is in part used for some business purpose such as a store, shop, saloon, restaurant, hotel, or board-ing house. The term "private dwelling" shall be construed to in-clude the room or rooms used and occupied not transiently but solely as a residence in an apartment house, hotel, or boarding house. The property seized on any such warrant shall not be taken from the officer seizing the same on any writ of replevin or other like process. Fifth. By striking out, as they appear in the third and fourth lines of paragraph (9) the words : "liquors in excess of the quantity permitted in this Act in such room, or of." Sixth. By adding, at the end of paragraph (9) the follow-ing: But it shall not be unlawful to possess liquors in one's pri-vate dwelling while the same is occupied and used by him as his dwelling only and such liquor need not be reported, provided such liquors are for use only for the personal consumption of the owner thereof and his family residing in such dwelling and of his bona fide guests when entertained by him therein. Seventh. By striking out, as they appear in the seventh and eight lines of paragraph (11), the words : "in quantity ex- CHAPTER 12 55 56 ceeding one quart, or malt liquors in quantity exceeding twelve pint bottles" and inserting in lieu thereof the words "or malt liquors." Approved March 13, 1933. INTOXICATING LIQUOR CHAPTER 12 CHAPTER 13 INTOXICATING LIQUOR AN ACT providing for the submission to the vote of the qualified electors of New Castle County, outside the City of Wilming-ton, as one district, as mentioned in Section 2, Article 13, of the Constitution of the State of Delaware, the question whether the manufacture and sale of intoxicating liquors shall be licensed or prohibited within the limits of said dis-trict in accordance with said. Article 13, of said Constitu-tion. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That on Tuesday next after the first Monday of June, 1933, in New Castle County, outside the corporate limits of the City of Wilmington, as one district, as mentioned in Sec-tion 2, Article 13, of the Constitution of the State of Delaware, the question whether the manufacture and sale of intoxicating liquors shall be licensed or prohibited within the limits of the said district, shall be submitted to the vote of the qualified electors of the said districts. Section 2. It shall be the duty of the Registration officers of the respective election districts in New Castle County, outside the corporate limits of the City of Wilmington, now in office, to sit on the third and fourth Saturdays immediately preceding the day herein prescribed for taking the vote aforesaid, from 8 o'clock a. m. until 7 o'clock p. m. with an intermission from 12 o'clock mid-day to 1 o'clock p. m. at the place in each election district where it is proposed to take the vote aforesaid, or at some convenient and suitable other place in said election district, and at such sittings to add to the Registers and Books of Reg-istered voters of their respective election districts, the names of all persons applying to them who may have become qualified to vote since the day of the last General Election, or who may be-come qualified to vote, by the day of such Special Election, or 57 58 INTOXICATING LIQUOR who, being otherwise qualified to vote did not become registered prior to said last General Election. The said Registration Officers, within one week before their first sitting as provided for in this section, shall procure from the Clerk of the Peace of New Castle County, the two Registers and the two Books of Registered Voters, and the Books of Reg-istration Certificates, for their respective election districts. It shall be the duty of the Clerk of the Peace to deliver said books to the said Registration Officers when the same shall be applied for as aforesaid. On delivering one of the Registers and one of the Books of Registered Voters and the Book of Registration Certificates to the Inspector or other person authorized by law to hold the Spe-cial Election in his Election District, for the purpose of taking the vote aforesaid, it shall be the duty of each Registrar to de-liver the Register and the Book of Registered Voters which was not used at the General Election held in the year 1932; The sev-eral Registrars shall deliver the other of said Registers and the other of said Book of Registered Voters to the Clerk of the Peace of New Castle County within one week after the Special Elec-tion. In case from any cause there shall be vacancies among such Registration Officers in any election district, such vacancies shall be filled by the appointment of the Governor. Such vacancies shall be filled at least twenty days before the first day fixed as aforesaid for the sitting of said Registration Officers by the ap-pointment of capable persons who are voters and resident in the election district for which they shall be appointed ; and the fur-nishing of lists of names by the County Committee of any Politi-cal Party shall not be necessary prerequisite for such appoint-ment. The Registration Officers so appointed to fill vacancies, as well as Registration Officers now in Office, shall give such bonds, take such oaths, and perform such other qualifying acts to fill CHAPTER 13 CHAPTER 13 INTOXICATING LIQUOR such offices and fulfill the duties thereof as are provided by law in that behalf. The Registration Officers serving for the Special Registra-tion of voters herein provided shall conduct the registration of voters, advertise the dates, hours and places for their sitting to register voters, post printed lists of additional registered voters, issue and act upon Certificates of Removal from voting districts, compare and correct the Registration Books, certify and verify the Alphabetical Lists of Registered Voters and Registers, be possessed of all the powers while sitting for such registration of voters, and perform all of their official duties in the same man-ner, as in the case of the registration of voters prior to a General Election. All penalties imposed by statute upon such Registration Offi-cers for non-feasance or misfeasance in office, and upon all per-sons for violations of law regulating the registration of voters in this State shall be applicable to and in force in connection with the special registration of voters herein provided for. Appeals from said Registration Officers shall be obtained, prosecuted and determined and the decisions thereon certified, acted upon and enforced, in the same manner and before and by the same persons as in the case of Registration Appeals prior to a General Election. For the purpose of hearing such appeals the appropriate judge constituting under the law such tribunal of appeal shall sit in the place designated by statute for such pur-pose, on Tuesday the Thirtieth day of May 1933, at 10 o'clock in the forenoon, and from day to day thereafter so long as may be necessary, to hear and determine such appeals. The compensation of such Registration Officers and all the costs and expenses of conducting such special registration shall be ascertained and paid in the same manner, by the same author-ity, within a reasonable time after the performance of their duties as aforesaid as in the case of the registration of voters prior to a General Election. 59 60 CHAPTER 13 INTOXICATING LIQUOR The said Registration Officers shall hold and dispose of said Registers, Books of Registered Voters and said Books of Reg-istration Certificates in the same manner, and deliver the same to the same election and other officers, before, at and after the holding of said special election for the taking of the vote afore-said, and for the purpose of the taking of the vote aforesaid, as in the case of the holding of a General Election. Section 3. All qualified electors shall be entitled to vote upon the question so to be submitted to them as aforesaid, under the same conditions as such electors would be entitled to cast their ballots at a General Election. The Special Election for the taking of the vote provided for in this Act shall be held in the several voting districts of the County, upon similar notice, at the same places, by the same election officers, including clerks and voters' assistants, and subject in all respects to the same laws, so far as the same are applicable, as were employed used and en-forced at the General Election in the year 1932. In case from any cause there shall be vacancies among such election officers in any election district, such vacancies shall be filled by the Governor, by the appointment of suitable and duly qualified persons to serve as such election officers in the vacan-cies so then existing as aforesaid. Such vacancies shall be so filled at least twenty days before the said date fixed for the hold-ing of said election as aforesaid. The election officers so ap-pointed to fill vacancies as well as election officers continued in office as aforesaid, shall take such oaths and perform such other qualifying acts to fill such offices and fulfill the duties thereof, as are provided by law in that behalf. Section 4. The Sheriff of New Castle County shall, after the 30th day of May and before the 5th day of June, 1933 deliver to the Inspector of each election district, or other officer author-ized hereby to hold the election for taking the vote hereby pro-vided for therein, two suitable ballot boxes, with a piece of tape and sealing wax, appropriate written or printed forms of tally INTOXICATING LIQUOR lists, of certificates of the result of election in said election dis-trict, of the oaths or affirmations of the Inspector or other per-sons authorized by law to hold the election therein, and of those to be taken by the judges of the election, and also of the clerks who shall be chosen to act at such election, and of the certificates of administering such oaths or affirmations, with printed or writ-ten direction as to correcting completing and signing such oath or affirmation and certificate of administering the same, and shalt also deliver to each inspector or other officer authorized by law to hold the election as aforesaid a book of blank forms of oaths or affirmations as provided for by law for general elections. The ballot box, forms of oaths or affirmations to be administered to the inspector or other officer authorized by law to hold the elec-tion, and to judges of election, the forms for the certificates of the qualification of such officers, the forms of oaths for the clerks of said elections, and the certification of the administration of said oaths so furnished, shall be such as are prescribed by law for general elections. The tally lists so furnished shall be in such form as is used at such General Elections, except that in the margin, on the left side of said tally lists, shall be written or printed, instead of any names of persons to be voted for, the words "for license", and the words "against license", with convenient space between the same. Three forms of certificates, declaring the result of said election, shall be so furnished, which may be according to the following form, viz: id County and Election District of Representative District, SS: At the election held in said Election District, for the pur-pose of taking the vote of the qualified electors upon the question, whether the manufacture and sale of intoxicating liquors shall be licensed or prohibited within the local option district consist-ing of on the Tuesday next after the first Monday in June, A. D. 1933, the votes stand as follows it votes were received "for license" votes were received "against license" CHAPTER 13 61 62 INTOXICATING LIQUOR And we further certify that the clerks appointed by us were duly sworn or affirmed according to law, and that we were duly sworn or affirmed. In Testimony whereof, we the Judges of said election for said Election District, have hereunto set our hands the day and year aforesaid." On the said written or printed forms of certificates, before the same shall be delivered by the Sheriff as above directed, the name of the County, the Election District, and all representative Districts, shall be inserted in the blanks for said purpose in the foregoing form. Section 5. The Clerk of the Peace of New Castle County shall cause to be prepared and printed all blanks and forms which shall be necessary for the proper conducting and the due ascer-tainment and certification of the results of the vote hereinbefore provided for. The said Clerk of the Peace shall cause to be printed for the several election districts, within New Castle Coun-ty, all necessary ballots for said Special Election, which shall be in number not less than four times the total vote of all parties at the preceding General Election. Said Clerk of the Peace shall fold, wrap, tie, mark and seal, and deliver said ballots and fur-nish and deliver indelible black lead pencils or crayons, envelopes and rubber bands, in the same manner as at a General election. Said ballots and said pencils or crayons, envelopes and rubber bands shall be received from said Clerk of the Peace by the same officials, at similar times and places, and by them held, treated, disposed of, delivered and employed for the purposes of said Spe-cial Election, in the same manner as the ballots and pencils or crayons, envelopes, and rubber bands employed at a General Election. The said envelopes shall be initialed by the Clerks, de-livered to qualified voters, deposited in the ballot boxes, and counted in the same way as at a General Election. The Election Officers conducting the said Special Election shall take the same oaths and be otherwise duly qualified as at a CRAFTER 13 INTOXICATING LIQUOR General Election. The Clerks of the Peace and Sheriff of the County, the inspectors or other persons conducting said election, the Judges and Clerks of said election, shall be subject to the same penalties for nonfeasance or misfeasance in office, and all other persons shall be subject to such penalties for misbehavior relative to the Special Election herein provided for as are pro-vided by the laws relative to general elections in this State. All the provisions and requirements of law looking to the secrecy of the ballot, together with all penalties imposed for vio-lations of the provisions of law looking to that end, shall apply with full force to the Special Election herein provided for. The ballot boxes used at said Special Election shall be delivered, held and treated before, during and after the holding of said Special Election, in the same manner as at a General Election. Section 6. On the day fixed for the holding of the Special Election for the taking of the vote aforesaid, the polls shall be opened in the several voting districts between 8 and 9 o'clock in the forenoon and remain continuously open until 7 o'clock in the afternoon. Said polls shall be opened and closed, and the ballots given during said election shall be counted and tallied in the same manner, as at a General Election. Three certificates of the re-sults of the taking of said vote in each voting district, upon the blanks furnished said election officers as aforesaid, shall be made out, signed, certified, placed in envelopes, held and disposed of in the same manner as are corresponding certificates at General Elections ; Provided that the two certificates which are not de-posited in the ballot box shall be placed in the custody of the Judges of election, not being the Inspector in each election dis-trict, one to each, and each said Judge shall produce and deliver said certificates to said Superior Court sitting as a Board of Can-vass as aforesaid, at the Court House of New Castle County at twelve o'clock noon on the First Thursday following the said Spe-cial Election. Section 7. The Superior Court in New Castle County con-stituted as in case of a General Election, shall convene at 12 CHAPTER 13 63 64 INTOXICATING LIQUOR o'clock noon in the County Court House of New Castle County on the First Thursday following the said Special Election, and pub-licly ascertain the State of the vote cast at such Special Election, in the same manner and with the same powers as said Court, under the law, canvasses the result of General Elections. For the purpose of such canvass of said vote the ballot boxes contain-ing the ballots cast at said Special election together with all other their contents, as in the case of the General Elections, shall be produced before said Court sitting as said Board of Canvass, and afterwards disposed of as in the case of a General Election. Upon the ascertainment of the results of said election by said Court sitting as such Board of Canvass, the said Court shall make two certificates showing the result of the taking of said vote in each of said Local Option districts within New Castle County, which certificates shall be in the following form : "State of Delaware SS. CHAPTER 13 BE IT REMEMBERED, that at the election held on the Tuesday next after the first Monday in June in the year of 1933, for the purpose of taking the vote of the qualified electors of in the State of Delaware, comprising the Local Option Districts in New Castle County, upon the question whether the manufacture and sale of intoxicating liquors shall be licensed or prohibited within the limits of said district, according to the Con-stitution and Laws of the State of Delaware votes were given for license and votes were given against license, which is manifest by calculating and ascertaining the aggregate amount of all the votes given in all the election districts of the Local Option District aforesaid, according to the provisions of the Constitution and laws made in this behalf. County IN TESTIMONY WHEREOF, we and constituting the Superior Court for County, who have met and ascertained the state of the vote throughout the said Local Option District of that County as the Law requires, have CHAPTER 13 INTOXICATING LIQUOR 65 hereunto set our hands and caused the seal of the said Superior Court to be hereunto affixed at the Court House in said County, on this day of June, A. D. 1933." The said Superior Court shall, within three days after mak-ing the certificates of the results of taking said vote at said elec-tion, either personally or by a person deputed by it for that pur-pose, transmit, deliver and lodge one of said certificates in the of-fice of the Clerk of the Peace of New Castle County, in which said Local Option District is located, and one in the office of Secretary of State. Upon the deposit in the office of Secretary of State, for that particular Local Option District of New Castle County, the Gov-ernor shall, without delay examine said certificate, and therefrom ascertain the result of said vote in the Local Option district aforesaid, and forthwith proclaim the results of said election in that particular Local Option District by publishing the result of said vote in one or more public newspapers of New Castle County. Section 8. The results of the vote taken in each of the said districts shall be determined by the ballots cast in the said elec-tion district of New Castle County and same shall be counted and considered in determining the result of the taking of said vote in that particular County. Section 9. All of the cost and expenses of the said Special Election shall be paid by the Levy Court of New Castle County, wherein is located the Local Option District in which said votes are taken. Section 10. The ballots to be used in the taking of said vote shall be printed upon white paper of uniform appearance and quality and of the uniform size of three by six inches. Each of said ballots shall have a printed line in the middle thereof ex-tending from the top to the bottom, with the words "against license" printed clearly and legibly on the right hand side of said 66 INTOXICATING LIQUOR line ; and the words "for license" on the left hand side of said line; in voting, each qualified elector shall mark his ballot with a pen-cil or crayon provided for the said Election, by crossing two lines either on the side of the line aforesaid on which the words "against license" appear, or on the side of said line on which the words "for license" are printed. Every ballot cast under the provisions of this Act, marked as aforesaid anywhere on the right hand side of the printed line aforesaid, shall be counted as a vote against license, and every ballot marked as aforesaid on the left hand side of the printed line aforesaid shall be counted as a vote for license. Section 11. That if it shall appear at said election that a greater number of votes have been cast for license than against license in any of said districts, it shall not be unlawful for any person or persons, firm, company, association or corporation, or the agent, officer or servant of any firm, company, association or corporation, to manufacture or sell spirituous, vinous or malt liquors within said district by reason of any previous election in said district ; But where the majority of the votes were cast against license, it shall be unlawful to manufacture or sell spiritu-ous, vinous or malt liquors within said district. Approved March 22, 1933. CHAPTER 13 CHAPTER 14 INTOXICATING LIQUOR 67 AN ACT providing for the submission to the vote of the qualified electors of Kent County, as one district, as mentioned in Sec-tion 2, Article 13, of the Constitution of the State of Dela-ware, the question whether the manufacture and sale of in-toxicating liquors shall be licensed or prohibited within the limits of said district in accordance with said Article 13, of said constitution. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That on Tuesday next after the first Monday of June, 1933, in Kent County, as one district, as mentioned in Sec-tion 2, Article 13, of the Constitution of the State of Delaware, the question whether the manufacture and sale of intoxicating liquors shall be licensed or prohibited within the limits of the said district, shall be submitted to the vote of the qualified electors of the said districts. Section 2. It shall be the duty of the Registration officers of the respective election districts in Kent County, now in office, to sit on the third and fourth Saturdays immediately preceding the day herein prescribed for taking the vote aforesaid, from 8 o'clock a. m. until 7 o'clock p. m. with an intermission from 12 o'clock mid-day to 1 o'clock p. m. at the place in each election district where it is proposed to take the vote aforesaid, or at some convenient and suitable other place in said election district, and at such sittings to add to the Registers and Books of Registered voters of their respective election districts, the names of all per-sons applying to them who may have become qualified to vote since the day of the last General Election, or who may become qualified to vote, by the day of such Special Election, or who, being otherwise qualified to vote did not become registered prior to said last General Election. 68 INTOXICATING LIQUOR The said Registration Officers, within one week before their first sitting as provided for in this section, shall procure from the Clerk of the Peace of Kent County, the two Registers and the two Books of Registered Voters, and the Books of Registration Cer-tificates, for their respective election districts. It shall be the duty of said Clerk of the Peace to deliver said books to the said Registration Officers when the same shall be applied for as afore-said. On delivering one of the Registers and one of the Books of Registered Voters and the Book of Registration Certificates to the Inspector or other person authorized by law to hold the Spe-cial Election in his Election District, for the purpose of taking the vote aforesaid, it shall be the duty of each Registrar to de-liver the Register and the Book of Registered Voters which was not used at the General Election held in the year 1932; the several Registrars shall deliver the other of said Registers and the other of said Book of Registered Voters to the Clerk of the Peace of Kent County within one week after the Special Elec-tion. In case from any cause there shall be vacancies among such Registration Officers in any election district, such vacancies shall be filled by the appointment of the Governor. Such vacancies shall be filled at least twenty days before the first day fixed as aforesaid for the sitting of said Registration Officers by the ap-pointment of capable persons who are voters and resident in the election district for which they shall be appointed ; and the fur-nishing of lists of names by the County Committee of any Po-litical Party shall not be necessary prerequisite for such appoint-ment. The Registration Officers so appointed to fill vacancies, as well as Registration Officers now in Office, shall give such bonds, take such oaths, and perform such other qualifying acts to fill such offices and fulfill the duties thereof as are provided by law in that behalf. CHAPTER 14 The Registration Officers serving for the Special Registra-tion of voters herein provided shall conduct the registration of CHAPTER 14 INTOXICATING LIQUOR voters, advertise the dates, hours and places for their sitting to register voters, post printed lists of additional registered voters, issue and act upon Certificates of Removal from voting districts, compare and correct the Registration Books, certify and verify the Alphabetical Lists of Registered Voters and Registers, be possessed of all the powers while sitting for such registration of voters, and perform all of their official duties in the same manner, as in the case of the registration of voters prior to a General Election. All penalties imposed by statute upon such Registration Offi-cers for non-feasance or misfeasance in office, and upon all per-sons for violations of law regulating the registration of voters in this State shall be applicable to and in force in connection with the special registration of voters herein provided for. Appeals from said Registration Officers shall be obtained, prosecuted and determined, and the decisions thereon certified, acted upon and enforced, in the same manner and before and by the same persons as in the case of Registration Appeals prior to a General Election. For the purpose of hearing such appeals the appropriate judge constituting under the law such tribunal of appeal shall sit in the place designated by statute for such pur-pose, on Tuesday the Thirtieth day of May, 1933, at 10 o'clock in the forenoon, and from day to day thereafter so long as may be necessary, to hear and determine such appeals. The compensation of such Registration Officers and all the costs and expenses of conducting such special registration shall be ascertained and paid in the same manner, by the same author-ity, within a reasonable time after the performance of their duties as aforesaid as in the case of the registration of voters prior to a General Election. The said Registration Officers shall hold and dispose of said Registers, Books of Registered Voters and said Books of Reg-istration Certificates in the same manner, and deliver the same to 69 70 INTOXICATING LIQUOR the same election and other officers, before, at and after the hold-ing of said special eleetion for the taking of the vote aforesaid, and for the purpose of taking of the vote aforesaid, as in the case of the holding of a General Election. Section 3. All qualified electors shall be entitled to vote upon the question so to be submitted to them as aforesaid, under the same conditions as such electors would be entitled to cast their ballots at a General Election. The Special Election for the taking of the vote provided for in this Act shall be held in the several voting districts of the County, upon similar notice, at the same places, by the same election officers, including clerks and voter's assistants, and subject in all respects to the same laws, so far as the same are applicable, as were employed, used and enforced at the General Election in the year 1932. In case from any cause there shall be vacancies among such election officers in any election district, such vacancies shall be filled by the Governor, by the appointment of suitable and duly qualified persons to serve as such election officers in the vacan-cies so then existing as aforesaid. Such vacancies shall be so filled at least twenty days before the said date fixed for the hold-ing of said election as aforesaid. The election officers so appoint-ed to fill vacancies as well as election officers continued in office as aforesaid, shall take such oaths and perform such other quali-fying acts to fill such offices and fulfill the duties thereof, as are provided by law in that behalf. Section 4. The Sheriff of Kent County shall, after the 30th day of May and before the 5th day of June 1933 deliver to the Inspector of each election district, or other officer authorized hereby to hold the election for taking the vote hereby provided for therein, two suitable ballot boxes, with a piece of tape and sealing wax, appropriate written or printed forms of tally lists, of certificates of the result of election in said election district, of the oaths or affirmations of the Inspector or other persons au-thorized by law to hold the election therein, and of those to be CHAPTER 14 CHAPTER 14 INTOXICATING LIQUOR taken by the judges of the election, and also of the clerks who shall be chosen to act at such election, and of the certificates of administering such oaths or affirmations, with printed or written direction as to correcting, completing and signing such oath or affirmation and certificate of administering the same, and shall also deliver to each inspector or other officer authorized by law to hold the election as aforesaid a book of blank forms of oaths or affirmations as provided for by law for general elections. The ballot box, forms of oaths or affirmations to be administered to the inspector or other officer authorized by law to hold the elec-tion, and to judges of election, the forms for the certificates of the qualification of such officers, the forms of oaths for the clerks of said elections, and the certification of the administration of said oaths so furnished, shall be such as are prescribed by law for general elections. The tally lists so furnished shall be in such form as is used at such General Elections, except that in the margin, on the left side of said tally lists, shall be written or printed, instead of any names of persons to be voted for, the words "for license" and the words "against license" with convenient space between the same. Three forms of certificates, declaring the result of said election, shall be so furnished, which may be according to the following form, viz: County and Election District of Representative District, SS: At the election held in said Election District, for the purpose of taking the vote of the qualified electors upon the question, whether the manufacture and sale of intoxicating liquors shall be licensed or prohibited within the local option district consist-ing of on the Tuesday next after the first Monday in June, A. D. 1933, the votes stand as follows : votes were received "for license" votes were received "against license" it 71 72 INTOXICATING LIQUOR And we further certify that the clerks appointed by us were duly sworn or affirmed according to law, and that we were duly sworn or affirmed. In Testimony whereof, we the Judges of said election for said Election District, have hereunto set our hands the day and year aforesaid." On the said written or printed forms of certificates, before the same shall be delivered by the Sheriff as above directed, the name of the County, the Election District, and all representative Districts, shall be inserted in the blanks for said purpose in the foregoing form. Section 5. The Clerk of the Peace of Kent County shall cause to be prepared and printed all blanks and forms which shall be necessary for the proper conducting and the due ascertainment and certification of the results of the vote hereinbefore provided for. The said Clerk of the Peace shall cause to be printed for the several election districts, within Kent County, all necessary ballots for said Special Election, which shall be in number not less than four times the total vote of all parties at the preceding General Election. Said Clerk of the Peace shall fold, wrap, tie, mark and seal, and deliver said ballots and furnish and deliver indelible black lead pencils or crayons, envelopes and rubber bands, in the same manner as at a General Election. Said bal-lots and said pencils or crayons, envelopes and rubber bands shall be received from said Clerk of the Peace by the same officials, at similar times and places, and by them held, treated, disposed of, delivered and employed for the purposes of said Special Elec-tion, in the same manner as the ballots and pencils or crayons, envelopes, and rubber bands employed at a General Election. The said envelopes shall be initialed by the Clerks, delivered to quali-fied voters, deposited in the ballot boxes, and counted in the same way as at a General Election. CHAPTEU 14 INTOXICATING LIQUOR The Election Officers conducting the said Special Election shall take the same oaths and be otherwise duly qualified as at a General Election. The Clerks of the Peace and Sheriff of the County the inspectors or other persons conducting said election, the judges and Clerks of said election, shall be subject to the same. penalties for nonfeasance or misfeasance in office, and all other persons shall be subject to such penalties for misbehavior rela-tive to the Special Election herein provided for as are provided by the laws relative to general elections in this State. All the provisions and requirements of law looking to the secrecy of the ballot, together with all penalties imposed for vio-lations of the provisions of law looking to that end, shall apply with full force to the Special Election herein provided for. The ballot boxes used at said Special Election shall be delivered, held and treated before, during and after the holding of said Special Election, in the same manner as at a General Election. Section 6. On the day fixed for the holding of the Special Election for the taking of the vote aforesaid, the polls shall be opened in the several voting districts between 8 and 9 o'clock in the forenoon and remain continuously open until 7 o'clock in the afternoon. Said polls shall be opened and closed, and the ballots given during said election shall be counted and tallied in the same manner, as at a General Election. Three certificates of the re-sults of the taking of said vote in each voting district, upon the blanks furnished said election officers as aforesaid, shall be made out, signed, certified, placed in envelopes, held and disposed of in the same manner as are corresponding certificates at General Elections ; Provided that the two certificates which are not de-posited in the ballot box shall be placed in the custody of the Judges of Election, not being the inspector in each election dis-trict, one to each, and each said Judge shall produce and deliver said certificates to said Superior Court sitting as a Board of Can-vass as aforesaid, at the Court House of Kent County at twelve o'clock noon on the First Thursday following the said Special Election. CHAPTER 14 73 74 INTOXICATING LIQUOR Section 7. The Superior Court in Kent County constituted as in case of a General Election, shall convene at 12 o'clock noon in the County Court House of Kent County on the First Thurs-day following the said Special Election, and publicly ascertain the state of the vote cast at such Special Election, in the same man-ner and with the same powers as said Court, under the law, can-vasses the result of General Elections. For the purpose of such canvass of said vote the ballot boxes containing the ballots cast at said Special Election together with all other their contents, as in the cast of the General Election, shall be produced before said Court sitting as said Board of Canvass, and afterwards disposed of as in the case of a General Election. Upon the ascertainment of the results of said election by said Court sitting as such Board of Canvass, the said Court shall make two certificates showing the result of the taking of said vote in each of said Local Option districts within Kent County, which certificates shall be in the following form : "State of Delaware County BE IT REMEMBERED, that at the election held on the Tuesday next after the first Monday in June in the year of 1933, for the purpose of taking the vote of the qualified electors of in the State of Delaware, comprising the Local Option Districts in Kent County, upon the question whether the manufacture and sale of intoxicating liquors shall be licensed or prohibited within the limits of said district, according to the Constitution and Laws of the State of Delaware votes were given for license and votes were given against license, which is manifest by calculating and ascertaining the aggregate amount of all the votes given in all the election dis-tricts of the Local Option District aforesaid, according to the pro-visions of the Constitution and laws made in this behalf. IN TESTIMONY WHEREOF, we . . and constituting the Superior Court for Kent County, who have met and ascertained the state of the CHAPTER 14 CHAPTER 14 75 INTOXICATING LIQUOR vote throughout the said Local Option District of that County as the Law requires, have hereunto set our hands and caused the seal of the said Superior Court to be hereunto affixed at the Court House in said County, on this day of June, A. D. 1933." The said Superior Court shall, within three days after mak-ing the certificates of the results of taking said vote at said elec-tion, either personally or by a person deputed by it for that pur-pose, transmit, deliver and lodge one of said certificates in the office of the Clerk of the Peace of Rent County, in which said Local Option District is located, and one in the office of Secretary of State. Upon the deposit in the office of Secretary of State, for Local Option District of Kent County, the Governor shall, nithout de-lay examine said certificate, and therefrom ascertain the result of said vote in the Local Option District aforesaid, and forthwith proclaim the results of said election in that particular Local Option District by publishing the result of said vote in one or more public newspapers of Kent County. Section 8. The results of the vote taken in each of the said districts shall be determined by the ballots cast in the said elec-tion districts of Kent County and same shall be counted and con-sidered in determining the result of the taking of said vote in that particular county. Section 9. All of the cost and expenses of the said Special Election shall be paid by the Levy Court of Kent County. Section 10. The ballots to be used in the taking of said vote shall be printed upon white paper of uniform appearance and quality and of the uniform size of three by six inches. Each of said ballots shall have a printed line in the middle thereof extend-ing from the top to the bottom, with the words "against license" printed clearly and legibly on the right hand side of said line ; and 76 the words "for license" on the left hand side of said line ; in vot-ing, each qualified elector shall mark his ballot with a pencil or crayon provided for the said Election by crossing two lines either on the side of the line aforesaid on which the words "against li-cense" appear, or on the side of said line on which the words "for license" are printed. Every ballot cast under the provisions of this Act, marked as aforesaid anywhere on the right hand side of the printed line aforesaid, shall be counted as a vote against license, and every ballot marked as aforesaid on the left hand side of the printed line aforesaid shall be counted as a vote for license. Section 11. That if it shall appear at said election that a greater number of votes have been cast for license than against license in any of said districts, it shall not be unlawful for any person or persons, firm, company, association or corporation, or the agent, officer or servant of any firm, company, association or corporation, to manufacture or sell spirituous, vinous or malt liquors within said district by reason of any previous election in said district ; but where the majority of the votes were cast against license, it shall he unlawful to manufacture or sell spir-ituous, vinous or malt liquors within said district. Approved March 22, 1933. INTOXICATING LIQUOR CHAPTER 11 77 CHAPTER 15 INTOXICATING LIQUOR AN ACT providing for the submission to the vote of the qualified Electors of Sussex County, as one District, as mentioned in Section 2, Article 13, of the Constitution of the State of Del-aware, the Question whether the Manufacture and Sale of Intoxicating Liquors Shall be Licensed or Prohibited Within the Limits of Said District in Accordance with said Article 13, of said Constitution. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That on Tuesday next after the first Monday of June, 1933, in Sussex County, as one district, as mentioned in Section 2, Article 13, of the Constitution of the State of Delaware, the question whether the manufacture and sale of intoxicating liquors shall be licensed or prohibited within the limits of the said district, shall be submitted to the vote of the qualified electors of the said districts. Section 2. It shall be the duty of the Registration officers of the respective election districts in Sussex County, now in office, to sit on the third and fourth Saturdays immediately preceding the day herein prescribed for taking the vote aforesaid, from 8 o'clock a. m. until 7 o'clock p. m. with an intermission from 12 o'clock mid-day to 1 o'clock p. m. at the plaee in each election district where it is proposed to take the vote 'aforesaid, or at some con-venient and suitable other place in said election district, and at such sittings to add to the Registers and Books of Registered voters of their respective election districts, the names of all per-sons applying to them who may have become qualified to vote since the day of the last General Election, or. who may become qualified to vote, by the day of such Special Election, or who, being otherwise qualified to vote did not become registered prior to said last General Election. INTOXICATING LIQUOR The said Registration Officers, within one week before their first sitting as provided for in this section, shall procure from the Clerk of the Peace of Sussex County, the two Registers and the two Books of Registered Voters, and the Books of Registration Certificates, for their respective election districts. It shall be the duty of said Clerk of the Peace to deliver said books to the said Registration Officers when the same shall be applied for as afore-said. On delivering one of the Registers and one of the Books of Registered Voters and the Book of Registration Certificates to the Inspector or other person authorized by law to hold the Spe |
| Date Digital | 2010 |
| CONTENTdm file name | 3042.cpd |
Description
| Title | Laws of the State of Delaware - Volume 38 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE PASSED AT A Special Session Of The One Hundred and Fourth General Assembly COMMENCED AND HELD AT DOVER On Tuesday, November 15, A. D. 1932 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES THE ONE HUNDRED AND FIFTY- SEVENTH VOLUME XXXVIII- PART I J. LAURANCE BANKS, INCORPORATED WILMINGTON, DELAWARE 1933 |
| CONTENTdm file name | 21280.pdfpage |
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