Laws of the State of Delaware - Volume 46 - Page 1 |
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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND FOURTEENTH
SESSION OF THE . GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 7, A. D.
1947
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
OF AMERICA, THE ONE HUNDRED AND SEVENTY- FIRST
VOLUME XLVI
Printed by
Milford Chronicle Publishing Company
Milford, Delaware
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 46 |
| Description | Laws of the State of Delaware. One Hundred And Fourteenth Session Of The.General Assembly Commenced And Held At Dover On Tuesday, January 7, A. D. 1947 Volume XLVI. |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | Milford Chronicle Publishing Company |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND FOURTEENTH SESSION OF THE .GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER On Tuesday, January 7, A. D. 1947 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA, THE ONE HUNDRED AND SEVENTY-FIRST VOLUME XLVI Printed by Milford Chronicle Publishing Company Milford, Delaware LAWS OF DELAWARE CHAPTER 1 DOVER AN ACT TO AMEND AN ACT CHANGING THE NAME OF "THE TOWN OF DOVER" TO "THE CITY OF DOVER" AND ESTABLISHING A CHARTER THEREFOR, WITH RESPECT TO HOURS OF VOTING. 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 concurring therein). Section 1. That Chapter 158, Volume 36, Laws of Delaware, 1929, be and the same is hereby amended by striking out and repealing the second paragraph of Section 8 of said Chapter as the said paragraph appears at the top of page 453 of said Volume and enacting in lieu thereof a new second paragraph as follows: The election shall be opened at one o'clock P. M., and dosed at seven o'clock P. M. Approved January 20, 1947. 3 4 CHAPTER 2 APPROPRIATION ACQUISITION OF LANDS IN DOVER AN ACT MAKING AN ADDITIONAL APPROPRIATION TO CARRY OUT THE PROVISIONS OF CHAPTER 294, VOLUME 45, LAWS OF DELAWARE, 1945, PROVIDING FOR THE ACQUISITION OF CERTAIN LANDS IN DOVER. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That there is hereby appropriated to the State Building and Grounds Commission the sum of Five Thousand Dollars ($5,000.00) as an additional amount necessary to carry out the provisions of Chapter 294, Volume 45, Laws of Dela-ware, 1945, providing for the acquisition of certain lands in Dover. The State Treasurer is hereby authorized and directed to pay such sum or portions thereof upon warrants of the said Commission signed by the Chairman or Vice-Chairman and at-tested by the Secretary or acting secretary of said Commission. Section 2. No portion of the money appropriated as afore-said shall be deemed or held to revert at the end of any fiscal year, but the said appropriation shall remain in force until the objects and purposes of this Act have been fully accomplished. Any part of the aforesaid sum of Five Thousand Dollars ($5,000.00) remaining unexpended, at the time the work of the Commission has been concluded under the provisions of this Act, shall revert to the General Fund of the State of Delaware. Section 3. This Act shall be known as a supplementary and a deficiency appropriation bill and funds hereby appropriated shall be paid out of the General Fund of the State Treasury not otherwise appropriated. Approved January 21, 1947. CHAPTER 3 APPROPRIATION SECRETARY OF STATE AN ACT MAKING AN ADDITIONAL APPROPRIATION FOR THE EXPENSES OF THE OFFICE OF THE SECRETARY OF STATE FOR THE FISCAL YEAR ENDING ON THE 30TH DAY OF JUNE, A. D., 1947. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That there is hereby appropriated to the Secre-tary of State the sum of Five Thousand Dollars ($5,000.00) for additional expenditures of his office during the fiscal year ending June 30, 1947, and made necessary by the increased volume of business handled by said office. Section 2. This Act shall be known as a supplementary and a deficiency appropriation act and the funds hereby appropriated shall be paid out of the General Fund of the State Treasury not otherwise appropriated. Approved January 23, 1947. r0 6 CHAPTER 4 PRINTING AND DISTRIBUTION OF PUBLIC LAWS AN ACT TO AMEND CHAPTER 10 OF THE REVISED CODE OF DELAWARE, 1935, WITH REFERENCE TO THE PRINTING AND DISTRIBUTION OF PUBLIC LAWS. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 10 of the Revised Code of Dela-ware, 1935, as amended, be further amended by striking out and repealing all of 338. Sec. 2. thereof and enacting and inserting in lieu thereof a new 338. Sec. 2., as follows: 338. Sec. 2. Printing and Distribution of Public Laws: The Secretary of State shall, as soon as practicable after the ad-journment of the General Assembly, have Fifteen Hundred (1500) copies of all bills, resolutions, proclamations of the Gov-ernor, orders, and votes of a public nature, accurately printed, in volume form, and arranged in the discretion of said official, with an index thereto, to be prepared by him, and shall carefully preserve the originals in the State Archives. The printing of Ses-sion Laws shall be done under contract made by the Secretary of State, and in accordance with specifications furnished by said Secretary. The Secretary of State shall then have Eight Hun-dred (800) copies bound with a general index, and he shall dis-tribute the same as follows: Fifty (50) copies to the Prothono-tary of New Castle County, Twenty (20) copies to the Prothono-tary of Kent County, and Twenty (20) copies to the Prothono-tary of Sussex County; One (1) copy to the Executive, One (1) copy to each State Officer, One (1) copy to each County Officer of the respective Counties; One (1) copy to the Library of Congress, One (1) copy to the State Library of each of the United States, and the residue to the State Library of this State for the Librarian to distribute, who shall charge the respective Pro-thonotaries for each volume of the Session Laws a price equal to the actual cost to the State for printing the same. At the end of one year after the delivery of such copies to the respective Prothonotaries, they shall return all unsold copies, and shall be Chapter 4 7 PRINTING AND DISTRIBUTION OF PUBLIC LAWS credited therefor the amount which they have been charged for same, and such returned copies shall be delivered to the State Librarian. The State Librarian shall also charge for such copies the actual price paid by the State for same. The copies delivered as herein provided to the Executive, and to the State and County Officers shall be kept and remain in their respective offices, and be by them delivered to their successors, as the property of said offices. The other Seven Hundred (700) copies of such bills, reso-lutions, proclamations of the Governor, orders, and votes of a public nature, so printed as aforesaid, shall be in pamphlet form with paper binding or covers and shall be sold by the State Librar-ian at a price equal to the actual price paid by the State. All moneys realized from the sale of the Session Laws of the State of Delaware by the State Librarian, shall be paid to the State Treasurer for the use of the State. Approved January 27, 1947. CHAPTER 5 APPROPRIATION SALARY INCREASE FOR CERTAIN STATE EMPLOYEES AN ACT MAKING APPROPRIATIONS FOR THE PAYMENT 'OF TEMPORARY INCREASES IN THE SALARIES OF CERTAIN EMPLOYEES OF THE STATE FOR THE FISCAL YEARS ENDING JUNE 30, 1947, JUNE 30, 1948 AND JUNE 30, 1949, RESPECTIVELY. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That there is hereby appropriated the sum of Four Hundred Fifty Thousand Dollars ($450,000.00) for the fiscal year ending June 30, 1947, and the sum of Four Hundred Sixty Thousand Dollars ($460,000.00) for the fiscal year ending June 30, 1948, and the sum of Four Hundred Sixty Thousand Dollars ($460,000.00) for the fiscal year ending June 30, 1949. The amounts hereby appropriated for each of said years shall be paid by the State Treasurer for the purposes and in the man-ner as hereinafter set forth. Section 2. The State Treasurer is hereby directed to pay out of the sums appropriated in Section 1 of this Act as a tem-porary addition to the basic salary of certain State employees covered by the provisions of this Act, (not to include, however, elected officials, attaches of the General Assembly nor any em-ployees of the University of Delaware), an increase at the rate of Two Hundred Dollars ($200.00) per annum, but not to exceed one-twelfth (1/12th) of said increase in any one month except that such salary increases may be paid to school teachers, mem-bers of the teaching staff at the State College for Colored Stu-dents, and employees of the State Board of Education, the Board of Public Education in the City of Wilmington, any Board of Education of a Special School District, any Board of School Trustees of school districts, or the State College for Colored Students, in ten (10) equal monthly payments in any fiscal year. Chapter 5 9 APPROPRIATION SALARY INCREASE FOR CERTAIN STATE EMPLOYEES Section 3. The Two Hundred Dollars ($200.00) annual in-crease in basic salary herein provided shall be paid to all State employees qualifying for such payments who receive annual salaries within d range of Five Hundred Dollars ($500.00) and more to Five Thousand Dollars ($5,000.00) and less. No increase in basic salary granted in Section 2 hereof shall cause the sum of any basic salary to exceed a total annual payment of Five Thousand Dollars ($5,000.00). Section 4. The temporary salary increase herein provided shall be paid to all those persons qualifying for such increases who were State employees on the 31st day of December, A. D., 1946. The increased temporary salary herein provided shall be-come effective on the first day of the calendar month in which this bill is duly enacted by the General Assembly and approved by the Governor. Section 5. In the event of the severance of employment by any employee covered by this Act who would have otherwise been eligible for the salary increase as provided by this Act, the em-ployment of any other person in his place or stead shall, upon satisfactory proof of employment submitted to the State Trea-surer, render such person eligible to the temporary salary in-crease herein provided, if the duties of such person are of the same nature and the position in which he is employed is regu-larly constituted by a department, board or other agency and/or required or authorized by law. Section 6. The provisions of this Act shall be deemed to apply to all school employees of this State and/or any political subdivision of this State to whom any salary increase as pro-vided in this Act would be applicable if said employee were paid entirely out of the moneys of this State. - Section 7. The temporary salary increase herein provided shall remain in effect until the end of the next biennium on June 30, 1949, for all State employees qualified for such increased pay-ments except teachers in the public schools. As to such teachers the provisions of this bill shall remain in effect only to the end of the current fiscal year on June 30, 1947. 10 Chapter 5 APPROPRIATION SALARY INCREASE FOR CERTAIN STATE EMPLOYEES Section 8. If any State employee receives a cash salary of less than Five Hundred Dollars ($500.00) annually but also re-ceives as a part of the remuneration for his services, board and lodging, such board and lodging shall be considered to be of a value of One Dollar ($1.00) per day, and the value of such board and lodging shall be added to his basic cash salary for the pur-pose of determining the salary increase under the provisions hereof. Section 9. The term "basic salary" as used in this Act shall be taken to include all salary payments made through the office of the State Treasurer from moneys derived from State revenue or from any other source (except such moneys as are appro-priated by the United States Government) and in respect to which salary payments a board, commission, department, offi-cers, or other agency of the State of Delaware exercises control and the amounts of which were included on a payroll for the month of December, 1946, for payment by the State Treasurer. Subject to the foregoing limitations, any compensation for per-sonal services in the nature of emoluments, fees, honorariums, and the like, which is not ordinarily regarded as wages in the commonly accepted sense of the term, is to be considered as salary for the purpose of determining "basic salary" as herein-above defined. If salary is payable or paid to any State employee by one or more agencies and/or political subdivisions of the State and/or by the Federal Government, or any agency thereof, and whether paid through the office of the State Treasurer or other-wise, and the total thereof equals or exceeds the sum of Five Thousand Dollars ($5,000.00) per annum, such employees shall not be eligible to receive any temporary salary increase pro-vided for by this Act. Section 10. Every board, department, officer or other agen-cy shall on or before the first day of the month following the month in which this Act becomes effective, submit to the State Auditor in such form as he shall prescribe a certified statement of all persons in its employ on December 31, 1946, if such per-sons are at present employed by said board, department, officer Chapter 5 11 APPROPRIATION SALARY INCREASE FOR CERTAIN STATE- EMPLOYEES or other agency, and a list of persons so employed on December 31, 1946 who have since left such employment, and a list of-positions existing but on said date vacant, and opposite each name and position certify to the rate of salary paid, both monthly and annually, from State moneys and from other sources, in separate columns. For the purposes of this Act, any person employed to fill any vacancy in any permanent position as defined herein shall receive the temporary salary increase provided in this Act, and it shall be the duty of the State Auditor to enforce the provisions of this Act and to approve the amounts to be paid hereunder by the State Treasurer. Section 11. Any moneys appropriated in this Act shall be used exclusively for the purpose of paying the tempqraxy salary increases herein authorized, and shall not be transferred or used for the payment of any other salaries or expenses. Section 12. All acts or parts of acts inconsistent with this act are hereby repealed to the extent of such inconsistency only. Section 13. That this bill shall be known as a Supplemen-tary Appropriation Act and the funds hereby appropriated shall be paid out of the General Funds of the State Treasury not other-wise appropriated. Approved January 27, 1947. 12 CHAPTER 6 PRINTING NEEDS OF THE GENERAL ASSEMBLY AN ACT TO PROVIDE FOR THE PRINTING NEEDS OF THE GENERAL ASSEMBLY OF THE 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 after the adjournment of the 114th Gen-eral Assembly, the printing needs of the Regular Session of the General Assembly of the State of Delaware shall be met by hav-ing such needs supplied and the necessary work performed under contract after advertisement for bids and the furnishing of spe-cifications as hereinafter provided. Section 2. On or before the first day of December in any year preceding the year when the General Assembly of the State of Delaware meets in Regular Session, as provided by the Con-stitution of the State, the Legislative Reference Bureau of Dela-ware shall advertise for bids for supplying the printing needs of the General Assembly and performing the necessary work in con-nection therewith. Such advertisement for bids shall be publish-ed in a paper or papers of general circulation throughout the State of Delaware. The said Bureau shall prepare or cause to be prepared specifications for such printing as shall be required during the next succeeding Regular Session of the General As-sembly following the advertisement for bids, and such specifica-tions shall include the printing of the calendars for the Senate and for the House of Representatives, the printing of Bills, printing of Rule Books, Roll Call Books and the various printed forms and supplies which are needed and used in the regular work of the General Assembly. Section 3. The Legislative Reference Bureau of Delaware shall furnish the specifications herein provided to each prospec-tive bidder from the State of Delaware who requests a copy of the same. All those interested in offering bids for performing the necessary printing and supplying the needs as set forth in the specifications furnished them as aforesaid shall present their Chapter 6 13 PRINTING NEEDS OF THE GENERAL ASSEMBLY bids in sealed envelopes to the Chairman of the Senate Committee on Printing and/or the Chairman of the Printing Committee of the House of Representatives, on the first day of the appointment of the respective committees in a Regular Session of the Genera/ Assembly of Delaware that convenes following the advertisement for bids as aforesaid. Section 4. Upon receipt of such bids, which must be sub-mitted in person by the bidder or by his, her or its agent, prior to three o'clock P. M. on the first day of the naming of the Print-ing Committee in either House, the Chairman of said Committee of the Senate and the Chairman of said Committee of the House of Representatives shall notify each member of his Printing Committee of the hour and place of a meeting of his full Com-mittee in some part of the Legislative Building, in Dover, for the purpose of opening the bids so received by him as aforesaid. Section 5. The Chairman of the Printing Committee of the Senate and the Chairman of the Printing Committee of the House shall open the bids received in the presence of his full Printing Committee or in the presence of such members of his Printing Committee as choose to attend after notice of the time and place of the said meeting. Section 6. At such meeting, the respective Printing Com-mittees shall recommend the award of the contract to the lowest responsible bidder who demonstrates his, her or its capacity to supply such printing needs as are set forth in the specifications furnished, or some part of them, for which he, she or it, has submitted a bid or bids, and to furnish the same as they are needed by the respective Houses of the General Assembly. The Chairmen of the respective Printing Committees shall as soon as practicable after the Committee meeting and action provided herein submit the recommendations of the Committee to the full Senate or the full House in session, as the case may be. Section 7. Each bid submitted under the provisions hereof shall be accompanied by certified check guaranteeing the good faith of the bidder payable to the State Treasurer of the State of Delaware. The amount of said check shall be ten per cent (10%) 14 Chapter 6 PRINTING NEEDS OF THE GENERAL ASSEMBLY of the total bid whenever such bid is for a lump sum of the total of the supplies for which the bid is made. Whenever the bid is on a per page basis, the total value of which is not presently determinable, the check shall be in the sum of Five Hundred Dollars ($500.00). Such checks will be returned to the unsuc-cessful bidders immediately upon the rejection of their bids. Checks of successful bidders for all items of supplies listed ex-cept Calendars and Bills will be retained as a guarantee of per-formance of the contract and will be forfeited to The State of Delaware upon the successful bidder's failure to enter into a contract or to complete his contract. The check of the successful bidder for the Calendar and/or Bills will be returned to him upon his posting of a performance bond and his entry into a contract for such printing. If the successful bidder for the Calendar and/or Bills shall fail to enter into a contract .or to post a per-formance bond as hereinafter required, his certified check shall be forfeited to the State of Delaware. Section 8. The successful bidder for the Calendar shall give bond to The State of Delaware with good and sufficient surety or sureties to be approved by the respective Committees on Print-ing in the sum of Five Thousand Dollars ($5,000.00). Said bond shall be conditioned for the faithful performance of the con-tract and a strict compliance with the specifications for such printing. Said bond shall have attached thereto a warrant of attorney for confession of judgment thereon, and judgment may be entered on said bond whenever said Committee shall deem it advisable. Section 9. The successful bidder for the printing of Bills shall give bond to The State of Delaware With good and sufficient surety or sureties to be approved by the respective Committees on Printing in the sum of Two Hundred Dollars ($200.00). Said bond shall be conditioned for the faithful performance of the cdntract and a strict compliance with the specifications for such printing. Said bond shall have attached thereto a warrant of attorney for confession of judgment thereon, and judgment may be entered on said bond whenever said Committee shall deem it advisable. Chapter 6 15 PRINTING NEEDS OF THE GENERAL ASSEMBLY Section 10. The submission of a bid on any set or sets of specifications together with a resolution of the Senate awarding the class or classes of printing covered by such bid to the person, firm or corporation submitting same and the posting of a per- - formance bond, where one is required, shall constitute a contract. Section 11. If any successful bidder to whom a contract has been awarded shall fail for any reason to perform his contract in an accurate and good and workmanlike manner and within the time specified, the respective Committees on Printing may by notice in writing to such successful bidder annul and cancel such contract; and such bidder whose contract is so cancelled shall have no right of action or claim for remuneration for work sup-plied which did not conform strictly to specifications. The re-spective Committees on Printing shall be the sole judge of whe-ther or not work performed meets specifications. Section 12. Should there be no bids received from respon-sible bidders and when the General Assembly convenes in Special Session, the printing needs of the Senate and of the House of Representatives shall be supplied as the respective Branches of the General Assembly shall direct. Section 13. All Acts or parts of Acts inconsistent herewith are hereby repealed to the extent of such inconsistency only. Approved January 27, 1947. 16 CHAPTER 7 APPROPRIATION FIRE COMPANIES AN ACT APPROPRIATING MONEY TO CERTAIN FIRE COMPANIES IN THE STATE OF DELAWARE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all Members elected to each House concurring therein): Section 1. That to each and every Fire Company in the State of Delaware, outside the limits of the City of Wilmington, which was on the first day of June, A. D. 1946, and is now, duly organized and equipped for the fighting of fires, there is hereby appropriated the sum of One Thousand Dollars ($1,000.00) an-nually for each of the fiscal years beginning July 1, 1947 and beginning July 1, 1948, to be used for the prevention and ex-tinguishment of fires throughout the State and for the mainte-nance of apparatus and equipment. The said sum of One Thousand Dollars ($1,000.00) shall be paid by the State Treasurer to each of the said Fire Companies within three months after the beginning of each of said fiscal years. Section 2. That this Act shall be known as a Supplementary Appropriation Act and the funds hereby appropriated shall be paid out of the General Funds of the State Treasury, not other-wise appropriated. Approved January 28, 1947. 17 CHAPTER 8 APPROPRIATION LAYTON HOME FOR AGED COLORED PEOPLE AN ACT APPROPRIATING MONEY TO LAYTON HOME FOR AGED COLORED PEOPLE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the Members elected to each House thereof concurring therein): Section 1. That the sum of Four Thousand Four Hundred Dollars ($4,400.00) be and the same is hereby appropriated to the Layton Home fOr Aged Colored People for the care and main-tenance of old age colored persons and for operation expenses for the biennium beginning July 1, 1947 and ending June 30, 1949. Two Thousand Two Hundred Dollars ($2,200.00) of said sum shall be paid within three months after July 1, 1947 and a like sum of Two Thousand Two Hundred Dollars ($2,200.00) shall be paid within three months after July 1, 1948. Section 2. This Act shall be known as a Supplementary Appropriation Act and the funds hereby appropriated shall be paid out of the General Funds of the State Treasury not other-wise appropriated. Approved January 28, 1947. 18 CHAPTER 9 APPROPRIATION CHILDREN'S BEACH HOUSE AN ACT TO PROVIDE FOR THE INSTRUCTION OF THE INMATES OF THE CHILDREN'S BEACH HOUSE, AND APPROPRIATING MONEY THEREFOR. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. There is hereby appropriated for the fiscal year beginning July 1, 1947 and ending June 30, 1948, the sum of One Thousand One Hundred Twenty-five Dollars ($1,125.00), and for the fiscal year beginning July 1, 1948 and ending June 30, 1949, the sum of One Thousand One Hundred Twenty-five Dollars ($1,125.00), to the State Board of Education for the use of the Lewes Special School District. Said sums shall be used to provide and maintain instructional service for the inmates of the Children's Beach House. The said sums shall be paid by the State Treasurer upon proper warrant or warrants signed by the officers of the State Board of Education. Section 2. That this Act shall be known as a Supplementary Appropriation Act, and the money hereby appropriated shall be paid out of the General Fund of the State Treasury, not other-wise appropriated. Approved January 28, 1947. CHAPTER 10 APPROPRIATION DELAWARE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS AN ACT APPROPRIATING MONEY TO THE DELAWARE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all Members elected to each House concurring therein): Section 1. That the sum of One Thousand Dollars ($1,000.00) be and the same is hereby appropriated to the Dela-ware Society for the Prevention of Cruelty to Animals, for the biennium beginning July 1, 1947 and ending June 30, 1949, for salaries, wages and for operation. Five Hundred Dollars ($500.00) of said sum shall be paid within three months after July 1, 1947, and a like sum of Five Hundred Dollars ($500.00) shall be paid within three months after July 1, 1948. Section 2. That this Act shall be known as a Supplementary Appropriation Act and the funds hereby appropriated shall be paid out of the General Funds of the State Treasury not other-wise appropriated. Approved January 28, 1947. 19 20 CHAPTER 11 APPROPRIATION PALMER HOME, INC. AN ACT APPROPRIATING CERTAIN MONEY TO PALMER HOME, INCORPORATED. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the Members elected to each House thereof concurring therein): Section 1. That the sum of Seven Thousand Seven Hun-dred Dollars ($7,700.00), be and the same is hereby appropriated to Palmer Home, Incorporated, a corporation of the State of Delaware, for the care and maintenance of old age persons at its Old Folk's Home at Dover, and for operation for the biennium beginning July 1, 1947 and ending June 30, 1949. Three Thousand Eight Hundred and Fifty Dollars ($3,850.00) of said sum shall be paid within three months after July 1, 1947 and a like sum of Three Thousand Eight Hundred and Fifty Dollars ($3,850.00) shall be paid within three months after July 1, 1948. Section 2. That this Act shall be known as a Supplementary Appropriation Act and the funds hereby appropriated shall be paid out of the General Funds of the State Treasury not other-wise appropriated. Approved January 28, 1947. CHAPTER 12 DELAWARE STATE HOSPITAL AT FARNHURST AN ACT AUTHORIZING THE STATE BOARD OF TRUSTEES OF THE DELAWARE STATE HOSPITAL TO EXPEND MONEY FROM THE SPECIAL ACCOUNT FUND OF THE DELAWARE STATE HOSPITAL FOR BUILDING PUR-POSES. WHEREAS, it has been found impossible to obtain the ser-vices of desirable officers and employees at the Delaware State Hospital without being able to offer them adequate housing facil-ities; and WHEREAS, the State Board of Trustees of the Delaware State Hospital deems it necessary to be in a position to offer such facilities to desirable and prospective officers and employees, Now, Therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That notwithstanding the prohibition contained in paragraph 3081. Sec. 16 of Chapter 76 of the Revised Code of Delaware, 1935, the State Board of Trustees of the Delaware State Hospital is hereby authorized to expend the sum of One Hundred Twenty-five Thousand Dollars ($125,000.00) out of the Special Account Fund of the Delaware State Hospital for the purpose of erecting seventeen (17) dwellings for the use of doc-tors and employees of the hospital. Section 2. The erection of the housing units herein author-ized shall be under the direction and control of the State Board of Trustees of the Delaware State Hospital at Farnhurst. Approved January 29, 1947. 21 22 CHAPTER 13 APPROPRIATION BURIAL OF INDIGENT SOLDIERS, SAILORS AND MARINES AN ACT APPROPRIATING MONEY FOR THE BURIAL OF INDIGENT SOLDIERS, SAILORS AND MARINES. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That for each of the two fiscal years beginning July 1, 1947, and ending June 30, 1948, and beginning July 1, 1948, and ending June 30, 1949, the sum of Four Thousand Dollars ($4,000.00) be and the same is hereby appropriated out of the General Funds of the State for the burial of indigent soldiers, sailors and marines of this State pursuant to Section 72, Chapter 8, of the Revised Code of Delaware 1935. Section 2. That this Act shall be known as a Supplementary Appropriation Act and the funds hereby appropriated shall be paid out of the General Funds of the State Treasury not other-wise appropriated. Approved January 29, 1947. CHAPTER 14 APPROPRIATION VETERANS OF FOREIGN WARS AN ACT APPROPRIATING MONEY TO THE VETERANS OF FOREIGN WARS, DEPARTMENT OF DELAWARE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the Members elected to each House concurring therein): Section 1. That the sum of Three Thousand Dollars ($3,000.00) be and the same is hereby appropriated to the Veter-ans of Foreign Wars, Department of Delaware, for operation expenses for the biennium beginning July 1, 1947 and ending June 30, 1949. Fifteen Hundred Dollars ($1,500.00) of said sum shall be paid within three months after July 1, 1947 and a like sum of Fifteen Hundred Dollars ($1,500.00) shall be paid within three months after July 1, 1948, to the duly elected Finance Officer of the Veterans of Foreign Wars, Department of Dela-ware, upon warrants signed by the said Finance Officer and ap-proved by the Auditor of Accounts. Section 2. This Act shall be known as a Supplementary Appropriation Act and the money hereby appropriated shall be paid out of the General Funds of the State Treasury not other-wise appropriated. Approved January 29, 1947. 23 24 CHAPTER 15 APPROPRIATION AMERICAN LEGION AN ACT APPROPRIATING MONEY TO THE AMERICAN LEGION, DEPARTMENT OF DELAWARE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the Members elected to each House concurring therein): Section 1. That the sum of Four Thousand Dollars ($4,000.00) be and the same is hereby appropriated to the Ameri-can Legion, Department of Delaware, for operation expenses for the biennium beginning July 1, 1947 and ending June 30, 1949. Two Thousand Dollars ($2,000.00) of said sum shall be paid within three months after July 1, 1947 and a like sum of Two Thousand Dollars ($2,000.00) shall be paid within three months after July 1, 1948, to the duly elected Finance Officer of the American Legion, Department of De/aware, upon warrants sign-ed by the said Finance Officer and approved by the Auditor of Accounts. Section 2. This Act shall be known as a Supplementary Appropriation Act and the money hereby appropriated shall be paid out of the General Funds of the State Treasury not other-wise appropriated. Approved January 29, 1947. CHAPTER 16 APPROPRIATION UNITED SPANISH WAR VETERANS AN ACT APPROPRIATING MONEY TO THE UNITED SPANISH WAR VETERANS, DEPARTMENT OF DELA-WARE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the Members elected to each House concurring therein): Section 1. That the sum of One Thousand Dollars ($1,000.00) be and the same is hereby appropriated to the United Spanish War Veterans, Department of Delaware, for the bien-nium beginning July 1, 1947 and ending June 30, 1949 for oper-ation expenses. Five Hundred Dollars ($500.00) of said sum shall be paid within three months after July 1, 1947 and a like sum of Five Hundred Dollars ($500.00) shall be paid within three months after July 1, 1948, to the duly elected Finance Officer of the United Spanish War Veterans, Department of Delaware, upon warrants signed by the said Finance Officer and approved by the Auditor of Accounts. Section 2. This Act shall be known as a Supplementary Appropriation Act and the money hereby appropriated shall be paid out of the General Funds of the State Treasury not other-wise appropriated. Approved January 29, 1947. 25 26 CHAPTER 17 APPROPRIATION BOARD OF MANAGERS OF THE DETENTION HOME AN ACT APPROPRIATING MONEY TO THE "BOARD OF MANAGERS OF THE DETENTION HOME" FOR SAL-ARIES AND WAGES. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. The sum of Five Thousand Five Hundred Dol-lars ($5,500.00) be and the same is hereby appropriated to' the "Board of Managers of the Detention Home" for juvenile de-linquents, for salaries and wages. The said sum of Five Thousand Five Hundred Dollars ($5,500.00) shall be paid to the said "Board of Managers of the Detention Home", in two equal, annual installments of Two Thousand Seven Hundred and Fifty Dollars ($2,750.00), for the years ending June 30, 1948 and June 30, 1949. Section 2. That this Act shall be known as a Supplementary Appropriation Act and the funds hereby appropriated shall be paid out of the General Funds of the State Treasury not other-wise appropriated. Approved January 30, 1947. CHAPTER 18 APPROPRIATION KENT AND SUSSEX COUNTY FAIR, INCORPORATED AN ACT APPROPRIATING CERTAIN MONEYS TO KENT AND SUSSEX COUNTY FAIR, INCORPORATED, FOR PRIZES. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the Members elected to each House concurring therein): Section 1. That the sum of Seven Thousand Dollars ($7,000.00) is hereby appropriated out of the Treasury Of the State of Delaware to the "Kent and Sussex County Fair, Incor-porated", a corporation of the State of Delaware, for the fiscal year beginning July 1, 1947 and ending June 30, 1948, and a like sum of Seven Thousand Dollars ($7,000.00) for the fiscal year beginning July 1, 1948 and ending June 30, 1949. Said appro-priation shall be used and expended only for prizes for meritor-ious achievements in agriculture, stock and poultry raising, and in works of manual training and the domestic arts. Such prizes shall be awarded by an Award Committee, which shall be ap-pointed within ten days after this Act becomes effective, one member of which shall be named by the Governor from the per-sonnel of the State Board of Agriculture, and the remaining members shall be named by the Kent and Sussex County Fair, Incorporated. Said corporation shall on or before the first day of December in each of said fiscal years, file with the State Auditor a sworn itemized statement showing the name of each person to whom a prize has been awarded, for what each prize was awarded and the amount of each prize, and showing also the grand total of said prizes, which statement shall be sworn to and signed before a Notary Public, by both the President and Treasurer of said corporation; when said statement shall have been audited by the State Auditor and found to be true and correct and according to law he shall authorize and direct the State Treasurer to pay to said corporation in each of said fiscal years the total sum shown to be due for prizes by said itemized 97 28 Chapter 18 APPROPRIATION KENT AND SUSSEX COUNTY FAIR, INCORPORATED list; provided, however, said sum shall not exceed Seven Thou-sand Dollars ($7,000.00) for each of said years and should said sum be less than the amount appropriated by this Act, then the unused balance shall each year remain in and revert to the State Treasury and shall in no ease be paid to said corporation. Section 2. That this Act shall be known as a Supplementary Appropriation Act and the money hereby appropriated shall be paid out of the General Funds of the State Treasury, not other-wise appropriated. Approved January 30, 1947. CHAPTER 19 GREAT SEAL OF DELAWARE AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO PROCURE A NEW SEAL, TO BE USED AS THE GREAT SEAL OF THE STATE OF DELAWARE, AND FOR OTHER PURPOSES. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That the Secretary of State be, and he is hereby authorized to procure a new seal and press, to be used as the Great Seal of the State of Delaware, which said seal shall not exceed three inches in diameter, and shall be emblazoned as follows: Party per fess, or and argent, the first charged with a garb (wheat sheaf) in bend dexter; and an ear of maize (Indian corn) in bend sinister, both proper; the second charged with an ox stantant, ruminating, proper; fess, wavy azure-supporters on the dexter, a husbandman with a hilling hoe, on the sinister, a rifleman armed and accoutred, at ease. Crest, on a wreath azure and argent, a ship under full sail, proper; with the words "Great Seal of the State of Delaware", and also, the words "Liberty and Independence" engraved thereon. Section 2. That when the said seal and press shall be so procured as aforesaid, the Secretary of State shall break and destroy, or cause to be broken and destroyed, the Seal now used as the Great Seal of the State of Delaware, and shall keep and use the new seal, by him procured as aforesaid, for all purposes for which the Great Seal of the State is now used. Approved February 3, 1947. 29 30 CHAPTER 20 SEAL OF THE SECRETARY OF STATE AN ACT AUTHORIZING THE SECRETARY OF STATE TO PROCURE A NEW PRESS AND SEAL OF OFFICE AND TO MAKE PROVISION FOR THE CUSTODY AND USE OF THE PRESENT SEAL. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That the Secretary of State be and he is hereby authorized to procure for his office a new press ansl seal; said seal to be made of steel or brass, of the same diameter as the present seal and engraved with the same devices; and when completed, the said seal shall be taken, adjudged and deemed to be the seal of the Secretary of State, as provided by 362. Sec. 17. Chapter 11, of the Revised Code of Delaware, 1935. Section 2. That when the said seal shall be so procured as aforesaid, the Secretary of State shall place the present seal of the Secretary of State in the custody of the Governor, said seal to be used in emergencies only with the knowledge and con-sent of the Governor of the State. Approved February 3, 1947. 31 CHAPTER 21 APPROPRIATION OBSERVANCE OF MEMORIAL DAY AN ACT APPROPRIATING MONEY FOR THE OBSERVANCE OF MEMORIAL DAY IN HONOR OF THE DECEASED MEMBERS OF THE GRAND ARMY OF THE REPUBLIC. WHEREAS, it has been the custom at each Regular Session of the General Assembly to appropriate funds to the G. A. R., Department of Delaware, for the proper observance of Memorial Day; and WHEREAS, the Department of Delaware, Grand Army of the Republic, has passed out of existence and a new organization or group must be found to provide for the decoration of graves of Civil War Veterans and to otherwise arrange for the proper observance of Memorial Day in honor of such deceased veterans; and WHEREAS, Appomattox Camp No. 2, Sons of Union Veter-ans of the Civil War, located in th4 State of Delaware, is wiling to assume the responsibility for Memorial Day observances for-merly arranged by the G. A. R., Department of Delaware, Now, Therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the Members elected to each House concurring therein): Section 1. That the sum of Two Thousand Dollars ($2,000.00) be and the same is hereby appropriated to Appo-mattox Camp No. 2, Sons of Union Veterans of the Civil War, for the biennium beginning July 1, 1947 and ending June 30, 1949. One Thousand Dollars ($1,000.00) of said sum shall be available for the fiscal year ending June 30, 1948 and a like sum of One Thousand Dollars ($1,000.00) shall be available during the fiscal year ending June 30, 1949. The State Treasurer is hereby authorized and directed to pay out of the funds so ap- 32 Chapter 21 APPROPRIATION OBSERVANCE OF MEMORIAL DAY propriated such sums as are listed on itemized vouchers duly signed and approved by the proper officials of Appomattox Camp No. 2, Sons of Union Veterans of the Civil War. Section 2. The money hereby appropriated shall be used for the decoration of graves of deceased veterans of the Civil War, memorial exercises and observances planned in honor of such veterans, and for necessary expenses in connection with such decoration, exercises and observances. Section 3. This Act shall be known as a Supplementary Appropriation Act and the money hereby appropriated shall be paid out of the General Funds of the State Treasury not other-wise appropriated. Approved February 3, 1947. CHAPTER 22 BOARD OF PILOT COMMISSIONERS AN ACT TO AMEND CHAPTER 35 OF THE REVISED CODE OF DELAWARE, 1935, ENTITLED, "BOARD OF PILOT COMMISSIONERS", BY INCREASING THE RATE FOR THE PILOTAGE OF VESSELS DRAWING OVER TWELVE FEET OF WATER. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That 1083. Sec. 19. of Chapter 35, Revised Code of Delaware, 1935, be amended by striking out all of said section and enacting in lieu thereof a new section 1083. Sec. 19., as fol-lows, to-wit: 1083. Sec. 19. Pilotage Rates :The rates of pilotage for conducting a vessel from the Capes of the Delaware to the City of Philadelphia or other place on the River Delaware, and from the City of Philadelphia or other place on the River Delaware, to the Capes of the Delaware, in either case shall be for every half foot of water which a vessel shall draw under, up to and including twelve feet, the sum of two dollars per half foot and for every vessel drawing over twelve feet, the sum of three dol-lars per half foot of water. A deduction of ten per centum from the said rates shall be made when an inward-bound vessel is first spoken by the pilot inside of a straight line drawn from Cape Henlopen Light to Cape May Light Every such vessel bound to the Breakwater for orders shall pay pilotage fees as follows: a sum equal to one-half of the inward rates of pilotage to the Port of Philadelphia, and the same fees when outward bound from the Breakwater. Approved February 4, 1947. 33 34 CHAPTER 23 APPROPRIATION PENSIONS FOR RETIRED AND DISABLED TEACHERS AN ACT MAKING AN APPROPRIATION TO THE STATE BOARD OF EDUCATION FOR USE IN PAYMENT OF PENSIONS TO RETIRED AND DISABLED PUBLIC SCHOOL TEACHERS OF DELAWARE. WHEREAS, the State Board of Education is required by law to pay pensions or allowances to the retired and disabled teachers who have taught in the public schools within the State of Delaware; and WHEREAS, in order to pay pensions or allowances for the remainder of the present fiscal year ending June 30, 1947, to the retired and disabled teachers who have taught in the public schools within the State of Delaware, the State Board of Edu-cation needs additional funds, Now, Therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That in addition to any other moneys appropri-ated to the State Board of Education for the fiscal year ending June 30, 1947, there is hereby appropriated to the said State Board of Education the further stated sum of Sixteen Thousand Four Hundred and Sixty Dollars ($16,460.00) as a deficiency and emergency appropriation for the use of said State Board of Education in paying pensions or allowances to retired and dis-abled teachers who have taught in public schools within the State of Delaware. That the said sum shall be paid to the said State Board of Education on the approval of this Act for its use during the remainder of the fiscal year ending June 30, 1947. Section 2. This Act shall be known as a Supplementary Appropriation Act and the funds hereby appropriated shall be paid out of the General Fund of the State Treasury not other-wise appropriated. Approved February 4, 1947. CHAPTER 24 APPROPRIATION EDUCATION AND TRAINING OF CHILDREN OF VETERANS AN ACT APPROPRIATING MONIES FOR EDUCATION AND TRAINING OF CHILDREN OF VETERANS OF WORLD WAR I AND WORLD WAR II WHO DIED WHILE IN THE SERVICE OF THE ARMY, NAVY, MARINE CORPS OR COAST GUARD OF THE UNITED STATES OR WHO DIED FROM DISEASE, WOUNDS OR DISABILITIES RESULTING FROM SUCH SERVICE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. The sum of Six Thousand Dollars ($6,000.00) be and the same hereby is appropriated for the use and benefit of the children, as hereinafter defined, of members of the per-sonnel, male and female, who have served, or are now serving, or who may hereafter serve in any branch of the Army, Navy, Marine Corps or Coast Guard of the United States of America and who were killed, or who may hereafter be killed, while in such service, and/or who may have died or may hereafter die from disease, wounds or disabilities arising, and/or resulting from such service, either in World I or World War II, for the biennium beginning July 1, 1947 and ending June 30, 1949. Three Thousand Dollars (3,000.00) of said sum is hereby appropriated for the year beginning July 1, 1947 and ending June 30, 1948, and Three Thousand Dollars ($3,000.00) of said sum is hereby ap-propriated for the year beginning July 1, 1948 and ending June 30, 1949. Section 2. The word "children" referred to in Section 1 of this Act is further defined as those children who are not under sixteen (16) years of age or over twenty-one (21) years of age and who have been domiciled in the State of Delaware for twelve (12) or more consecutive months prior to the application for assistance under this Act, and who are attending or may here-after attend any educational or training institution in the State of Delaware, provided, however, that any child having entered upon a course of training or education, under the provisions of 35 36 Chapter 24 APPROPRIATION EDUCATION AND TRAINING OF CHILDREN OF VETERANS this Act, consisting of a course of not more than four years, and arriving at the age of twenty-one (21) years before the comple-tion of said course, may continue in said course and receive all the benefits of the provisions of this Act until said course is completed. Section 3. The money appropriated by this Act shall be used for the purpose of providing and paying any tuition, matric-ulation fees, board and room rent, books and school supplies, and other incidental items in connection with the education and/or training of such children in a sum not to exceed Two Hundred and Fifty Dollars ($250.00) for any one child for any one year. Section 4. That the amounts that may be due or become due to any such educational or training institution, not in excess of the amount specified in Section 3 hereof shall be payable to said institution as herein mentioned from the funds hereby created on vouchers approved by the Director of the State Board for Vocational Education. And it is hereby made the duty of said Director to ascertain and pass on the eligibility of the chil-dren who may make application for the benefits provided in this Act; to satisfy himself of the attendance of such children at any such institution as is herein specified, and of the accuracy of the charge or charges submitted to said Director by the authorities of any such institution, on account of the attendance thereat of any such children as is herein provided for; provided that the necessary expenses incidental to the administration of the pro-visions of this Act shall be paid by the State Treasurer upon proper vouchers signed by the State Auditor, but said expenses shall not exceed the sum of Two Hundred and Fifty Dollars ($250.00) in any one year, and further provided that said inci-dental expenses so appropriated shall be in addition to the moneys appropriated in Section 1 of this Act. Section 5. This Act shall be known as a Supplementary Appropriation Act and the moneys hereby appropriated shall be paid out of the General Fund of the State Treasury not other-wise appropriated. Approved February 4, 1947. CHAFFER 25 GAME PROVIDING FOR REMOVAL OF DUCK BLINDS IN CERTAIN BAYS AND TRIBUTARIES AN ACT TO AMEND CHAPTER 74 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO FISH, OYSTERS AND GAME, BY THE REPEAL OF 2820A. SECTION 19A. THEREOF, PROVIDING FOR LICENSING AND REGU-LATIONS OF DUCK BLINDS IN THE WATERS OF RE-HOBOTH BAY, INDIAN RIVER AND BAY, ASSAW0- MAN BAY, AND THE TRIBUTARIES THEREOF AS THE SAME APPEAR IN CHAPTER 205, VOLUME 45, LAWS OF DELAWARE; PROVIDING FOR REMOVAL OF ALL STAKE, BRUSH OR BOOBY BLINDS IN SAID WATERS. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 74, of the Revised Code of Dela-ware, 1935, be and the same is hereby amended by striking out and repealing all of 2820A. Section 19A. thereof, as the same appears in Chapter 205, Volume 45,, Laws of Delaware. Section 2. On and after the approval of this Act, the Board of Game and Fish Commissioners shall cause notice to be sent to the owner, lessee or licensee of land bordering the Rehoboth Bay, Indian River and Bay, Assawoman Bay and the tributaries thereof, who have erected, constructed or maintained stake, brush or booby blinds in...the said waters in front of the property which they own, lease or license to remove said stake, brush or booby blinds from said waters on or before the first day of June, A. D. 1947. Section 3. Any owner, lessee or licensee failing to remove the stake, brush or booby blinds on or before the first day of June, A. D. 1947, after notice from the Board of Game and Fish Commissioners shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than One Hun-dred Dollars ($100.00) nor more than Two Hundred and Fifty Dollars ($250.00) in the discretion of the Court. Approved February 11, 1947. 37 38 CHAPTER 26 DELAWARE, WORKMEN'S COMPENSATION LAW SECOND INJURY FUND AN ACT TO AMEND CHAPTER 175 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED, "DELAWARE WORKMEN'S COMPENSATION LAW", IN RELATION TO TIME OF PAYMENTS OF PERCEN-TUM ON ALL WORKMEN'S COMPENSATION OR EM-PLOYER LIABILITY PREMIUMS TO THE BOARD. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That 6080. Section 10, Subsection (e) of Chap-ter 175 of the Revised Code of Delaware, 1935, as amended, be further amended by striking out and repealing all of the second paragraph of said Subsection (e) and substituting in lieu thereof a new paragraph as follows: Every insurance carrier insuring employers who are or may be liable under this Chapter to pay for compensation for personal injuries to or death of their employees under the provisions of this Chapter shall pay annually, on or before March 1st of each year, to the Industrial Accident Board for the State of Delaware a sum equal to one-half (/2) of one percentum (1%) on all Work-men's Compensation or Employer Liability premiums received by the carrier during the calendar year next preceding the due date of such payment. Every employer carrying his own risk and thereby insuring himself under the provisions of this Chap-ter, on or before January 30th of each year, shall pay to the Industrial Accident Board for the State of Delaware, a sum equal to one-half (1/2) of one percentum (1%) of the premium which said employer would have had to pay for the preceding year for Workmen's Compensation or Employer Liability insurance, said premium being in accordance with classifications and premium rates approved by the Board for the purpose of fixing compen-sation and insurance rates. Such sums shall be paid by the Industrial Accident Board to the State Treasurer, to be deposited Chapter 26 39 DELAWARE WORKMEN'S COMPENSATION LAW SECOND INJURY FUND in a special account known as "Industrial Accident Board Sec-ond Injury Fund", and which said funds shall not be a part of the General Fund of the State of Delaware, and any balance re-maining in said account at the end of any fiscal year shall not revert to the General Fund. Any carrier or employer who is a self-insurer who shall make payments to an employee for total disability under the provisions of this Subsection upon an award being made for the same by the Board, shall be entitled to reim-bursement for said payments from the "Industrial Accident Board Second Injury Fund" herein created; provided, however, that these reimbursements to such carrier and employer carrying his own risk and thereby insuring himself shall be made upon a semi-annual basis, that is to say, on the Fifteenth (15th) Day of January and July of each year. The reimbursements shall be made upon warrants, on the Treasurer of the State of Delaware, signed by the Secretary of the Industrial Accident Board. Approved February 11, 1947. 40 CHAPTER 27 DELAWARE WORKMEN'S COMPENSATION LAW RESPECTING MEDICAL AND SURGICAL CARE AN ACT TO AMEND CHAPTER 175 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED, "DELAWARE WORKMEN'S COMPENSATION LAW", BY EXTENDING THE PROVISIONS FOR PAYMENTS THEREUNDER, IN RELATION TO SURGICAL, MEDI-CAL AND HOSPITAL SERVICES AND SUPPLIES. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That 6078. Sec. 8. of Chapter 175 of the Revised Code of Delaware, 1935, be amended by striking out and repeal-ing all of subsection (b) thereof and enacting and substituting in lieu thereof a new subsection (b) as follows: (b) During the first thirty (30) days of the injury the employer shall furnish reasonable surgical, medical, and hos-pital services, medicine, and supplies, as and when needed, unless the employee refuses to allow them to be furnished by the em-ployer. The costs of such services, medicines, and supplies shall not exceed the regular costs for such services, medicines and supplies, and in case of controversy the costs shall be subject to the approval of the Industrial Accident Board. If the employer shall, upon application made to him, refuse to furnish reason-able surgical, medical, and hospital services, medicines, and sup-plies, the employee may procure the same and shall receive from the employer the reasonable cost thereof within the above limi-tations. Approved February 11, 1947. CHAPTER 28 DELAWARE WORKMEN'S COMPENSATION LAW WAGE OP VOLUNTEER FIREMEN AN ACT TO AMEND CHAPTER 175 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED, "DELAWARE WORKMEN'S COMPENSATION LAW", BY FIXING THE WAGE OF VOLUNTEER FIREMEN ON WHICH COMPENSATION IS BASED. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That 6118. Sec. 48 of Chapter 175 of the Revised Code of Delaware, 1935, as amended, be amended by adding there-to a new sentence at the end of the last paragraph thereof as the same appears in Volume 44, Laws of Delaware, 1943, as follows: The wage of Volunteer Firemen on which compensation is based shall be the wage received in the regular employment of such firemen. Approved February 11, 1947. 41 42 CHAPTER 29 DELAWARE WORKMEN'S COMPENSATION LAW EXTENDING PROVISIONS FOR PAYMENTS AN ACT TO AMEND CHAPTER 175 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED, "DELAWARE WORKMEN'S COMPENSATION LAW", BY EXTENDING THE PROVISIONS FOR PAYMENTS THEREUNDER DURING THE CONTINUANCE OF TOTAL DISABILITY. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That 6080. Sec. 10. of Chapter 175 of the Revised Code of Delaware, 1935, as amended, be further amended by striking out and repealing all of the first paragraph thereof and by substituting in lieu of the part so stricken out the following new first paragraph, as follows: 6080. Sec. 10. Total Disabilities, Compensation for; Sched-ules for Partial Disabilities; Schedules for; Death; Compensation to Dependents:The following schedule of compensation is here-by established for injuries resulting in total disability: (a) During the continuance of total disability, sixty per-cent= (60%) of the wages of the injured employee as defined by this Chapter; but the compensation shall not be more than Twenty-One Dollars ($21.00) per week nor less than Eight Dol-lars ($8.00) per week; provided that if at the time of injury the employee receives wages of less than Eight Dollars ($8.00) per week, then he shall receive the full amount of such wages per week as compensation. Nothing in this sub-section (a) shall require the payment of compensation after disability shall cease. Approved February 11, 1947. CHAPTER 30 DELAWARE WORKMEN'S COMPENSATION LAW SECOND INJURY FUND AN ACT TO AMEND CHAPTER 175 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED, "DELAWARE WORKMEN'S COMPENSATION LAW", BY EXTENDING THE PROVISIONS FOR PAYMENTS THEREUNDER DURING THE CONTINUANCE OF TOTAL DISABILITY. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That 6080. Sec. 10. Subsection (e) of Chapter 175 of the Revised Code of Delaware, 1935, be further amended by striking out and repealing all of the first paragraph of said subsection (e) and substituting in lieu thereof a new paragraph, as follows: 6080. Sec. 10. (e) Whenever a subsequent permanent injury occurs to an employee who has previously sustained a per-manent injury, from any cause, whether in line of employment or otherwise, the employer for whom such injured employee was working at the time of such subsequent injury, shall be required to pay only that amount of compensation as would be due for such subsequent injury without regard to the effect of the prior injury. Provided, however, that whenever such subsequent per-manent injury in connection with a previous permanent injury results in total disability as defined in subsection (c) of this sec-tion, the employee shall be paid compensation for such total dis-ability, as provided in subsection (a) of this Section, during the continuance of total disability; such compensation to be paid out of a special fund known as "Industrial Accident Board Second Injury Fund" and created for such purpctse in the following manner: Approved February 11, 1947. 43 44 CHAPTER 31 DELAWARE HARNESS RACING COMMISSION RESPECTING PARI MUTUEL AND TOTALIZATOR POOLS AN ACT TO AMEND AN ACT ENTITLED, "AN ACT TO PRO-VIDE FOR THE REGULATION, CONTROL AND LICENS-ING OF HARNESS RACING IN THE STATE OF DELA-WARE", BEING CHAPTER 303, VOLUME 45, LAWS OF DELAWARE, 1944-45, RELATING TO COMMISSIONS ON PAR! MUTUEL OR TOTALIZATOR POOLS. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Section 15 of Chapter 303, Volume 45, Laws of Delaware, 1944-45, be amended by striking out and repealing all of the eighth paragraph thereof as the same appears on Pages 1148 and 1149 of Volume 45, Laws of Delaware, 1944-45, and substituting in lieu thereof a new paragraph as follows: The Delaware Harness Racing Commission shall authorize commissions on pail mutuel or totalizator pools to the person, associa.tion or corporation operating a harness race meeting, which said commissions shall be a sum equal to ten and one-half percent (101/2%) of the total contributions to all pan i mutuel and totalizator pools conducted or made at said harness race meeting, and every harness race at said meeting, plus the odd cents of all re-distributions to be made on all pan i mutuel or totalizator pool contributions exceeding the sum equal to the next lowest multiple of five, such odd cents to be calculated upon the basis of each dollar wagered. Approved February 11, 1947. 45 CHAPTER 32 APPROPRIATION HOSPITALS AN ACT APPROPRIATING MONEYS TO CERTAIN HOSPI-TALS IN THE STATE OF DELAWARE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of the members of each House concurring therein): Section 1. There is hereby appropriated for the mainte-nance, equipment and operation of the hospitals hereinafter men-tioned for each of the fiscal years beginning July 1, 1947 and July 1, 1948 the sums of money set after the names of such hos-pitals, respectively, viz: To Kent General Hospital at Dover $ 14,100.00 To Milford Memorial Hospital, Inc., at Milford 24,750.00 To Beebe Hospital of Sussex County, Inc., at Lewes 24,750.00 To Homeopathic Hospital Association of Delaware, at Wilmington 51,975.00 To St. Francis Hospital, Incorporated, at Wilmington 25,740.00 To The Delaware Hospital, Inc., at Wilmington. 90,000.00 To Wilmington General Hospital Association, at Wilmington 42,075.00 Total $273,390.00 Each of said appropriations shall be paid to said respective hospitals in equal quarterly installments on the first days of July, October, January and April in each of the fiscal years 1947 and 1948. Section 2. This Act shall be known as a Supplementary Appropriation Act, and the funds hereby appropriated shall be paid from the general funds of the State Treasury not otherwise appropriated, in accordance with the provisions of this Act. Approved February 14, 1947. 46 CHAPTER 33 APPROPRIATION DISTRICT LIBRARY COMMISSIONS AN ACT APPROPRIATING CERTAIN MONIES FOR THE SUPPORT AND MAINTENANCE OF THE DISTRICT LIBRARY COMMISSIONS OF THE STATE OF DELA-WARE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That for each of the two fiscal years beginning July 1, 1947, and ending June 30, 1948, and beginning July 1, 1948, and ending June 30, 1949, the sum of Five Thousand Seven Hundred and Fifty Poliars ($5,750.00) be and the same is here-by appropriated Out of the General Funds of the State for the support and maintenance of the District Library Commissions of this State, pursuant to the provisions of Chapter 34 of the Revised Code of Delaware, 1935. Year Ending June 30, 1948 1949 DISTRICT LIBRARY COMMISSION: Dover Free Library $500.00 $500.00 Seaford Free Library 500.00 500.00 Milford Free Library 500.00 500.00 Milton Free Library 200.00 200.00 Frankford Free Library 150.00 150.00 Lewes Free Library 150.00 150.00 Newark Free Library 500.00 500.00 Laurel Free Library 200.00 200.00 Selbyville Free Library 100.00 100.00 Smyrna Free Library 300.00 300.00 Bridgeville Free Library 150.00 150.00 Odessa Free Library 300.00 300.00 Delmar Free Library 200.00 200.00 Rehoboth Free Library 200.00 200.00 New Castle Free Library 500.00 500.00 Claymont Free Library 500.00 500.00 Section 2. That this Act shall be known as a Supplementary Appropriation Act and the funds hereby appropriated shall be paid out of the General Funds of the State Treasury not other-wise appropriated. Approved February 14, 1947. Chapter 33 47 APPROPRIATION DISTRICT LIBRARY COMMISSIONS Middletown Free Library 500.00 500.00 Georgetown Free Library 150.00 150.00 Harrington Free Library 150.00 150.00 Total District Library Commissions $5,750.90 $5,750.00 48 CHAPTER 34 EMERGENCY AND DEFICIENCY APPROPRIATION STATE BOARD OF WELFARE AN ACT MAKING AN APPROPRIATION TO THE STATE BOARD OF WELFARE FOR CERTAIN EMERGENCIES AND CONDITIONS. WHEREAS, The State Board of Welfare is required by law to establish and maintain foster homes and to carry out a Child Welfare Service in the State of Delaware; and WHEREAS, in order to maintain foster homes for the pres-ent case load of children, the State Board of Welfare had to increase their board rate; and WHEREAS, there has been an increased cost of clothing, medical and dental services for the present case load of children, cared for by the State Board of Welfare, Now, Therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That in addition to any other moneys appro-priated to the State Board of Welfare for the fiscal year ending June 30, 1947, there is hereby appropriated to the said State Board of Welfare the stated sum of Twenty-nine Thousand Dollars ($29,000.00) as a deficiency and emergency appropriation for general use of the said board in carrying out the work and duties in respect to its child welfare services and foster home placement program of the present case load of children. That the said sum is to be made available and paid to the said State Board of Welfare on or before March 31, 1947. Section 2. This Act is to be known as a Supplementary Appropriation Act, and funds hereby appropriated shall be paid out of the General Fund of the State Treasury not otherwise appropriated. Approved February 14, 1947. 49 CHAPTER 35 APPROPRIATION CONTROL OF DISEASES OF HOGS IN SUSSEX COUNTY AN ACT AUTHORIZING THE LEVY COURT OF SUSSEX COUNTY TO APPROPRIATE COUNTY MONIES FOR THE CONTROL OF DISEASES OF HOGS IN SUSSEX COUNTY. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That the Levy Court of Sussex County be and it is hereby authorized and directed to appropriate a sum not exceeding Three Thousand Dollars ($3,000.00), for each of the fiscal years beginning July 1, 1947 and ending June 30, 1948, and beginning July 1, 1948 and ending June 30, 1949, to be used and expended for the control of diseases of hogs in Sussex County by the introduction, maintenance and advancement of the latest and most approved method for control and cure of diseases of hogs. If, for the furtherance of this purpose, the hogs of any owner who is a resident of Sussex County shall require vaccina-tion, inoculation or other similar treatment, the vaccine or other medicament or material may be furnished free of charge to such owner. Provided, however, that no free vaccine or other medi-cament or material shall be furnished under the provisions of this Act, if such owner has received under the provisions hereof or under the provisions of any other State law or appropriation free vaccine, medicament or material for the treatment of 25 hogs in any one year. Section 2. In all cases where such treatment of hog diseases is necessary the owner or owners shall pay the expenses of a Veterinarian or other person employed to administer such treat-ment. Section 3. The Levy Court of Sussex County is hereby authorized to consult and obtain the assistance and advice of the State Board of Agriculture and any licensed Veterinarian in Sussex County in carrying out the provisions of this Act. Approved February 14, 1947. 50 CHAPTER 36 APPROPRIATION PENSION FUND FOR DISABLED SCHOOL TEACHERS AN ACT APPROPRIATING CERTAIN MONEYS TO PRO-VIDE A PENS/ON FUND FOR RETIRED AND DIS-ABLED PUBLIC SCHOOL TEACHERS OF DELAWARE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That there is hereby appropriated for each of the fiscal years in the biennium beginning July 1, 1947, and ending June 30, 1949, the sum of Fifty-five Thousand Six Hun-dred and Eighty Dollars ($55,680.00) to create a fund for the purpose of paying pensions or allowances to retired and dis-abled teachers who have taught in public schools within the State of Delaware. Section 2. The funds hereby appropriated shall be expend-ed in accordance with the provisions of Chapter 106, Volume 45, Laws of Delaware, 1945, except that after the first day of July A. D. 1947, the monthly payments made to individuals who qual-ify for such pensions or allowances as are provided in said Chap-ter 106 shall be Forty Dollars ($40.00) instead of Thirty Dollars ($30.00). Section 3. This Act shall be known as a Supplementary Appropriation Act and the money hereby appropriated shall be paid out of the General Fund of the State Treasury not otherwise appropriated. Approved February 14, 1947. CHAPTER 37 DEFICIENCY APPROPRIATION STATE BOARD OF WELFARE AN ACT MAKING AN APPROPRIATION TO THE STATE BOARD OF WELFARE FOR CERTAIN EMERGENCIES AND CONDITIONS, IN RELATION TO AID TO DE-PENDENT CHILDREN. WHEREAS, the State Board of Welfare is required by law to administer assistance to dependent children, such assistance to be granted to any eligible dependent child in such sum as to provide such child with a reasonable subsistence compatible to decency and health; and WHEREAS, there has been a substantial increase in costs of living which has made it necessary for the Board to increase the size of the grants in order to provide a reasonable subsis-tence compatible to decency and health for the present case load of depenclent children; and WHEREAS, the funds heretofore appropriated and made available for the use of the State Board of Welfare in its aid to dependent children program will be exhausted on or about Feb-ruary 28, 1947; and WHEREAS, unless additional funds are appropriated by the State of Delaware to the said Board, it will be necessary for the Board to terminate its program for aid to the present case load of dependent children on February 28, 1947, Now, Therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That in addition to any other moneys appro-priated to the State Board of Welfare for the fiscal year ending June 30, 1947, there is hereby appropriated to the said State Board of Welfare the stated sum of Twenty One Thousand One Hundred Forty Dollars ($21,140.00) as a deficiency and emer-. 51 52 Chapter 37 DEFICIENCY APPROPRIATION STATE BOARD OF WELFARE gency appropriation for general use of the said Board in carrying out its work and duties in respect to its aid to the present case load of dependent children. That the said sum shall be paid and made available to the said State Board of Welfare on approval of this Act. Section 2. This Act is to be known as a Supplementary Appropriation Act and the funds hereby appropriated shall be paid out of the General Fund of the State Treasury not otherwise appropriated. Approved February 14, 1947. CHAPTER 38 SUSSEX COUNTY LEVY COURT RENEW LEASE OF LAND TO I. 0. 0. F. AN ACT AUTHORIZING THE LEVY COURT OF SUSSEX COUNTY TO RENEW OR EXTEND THE LEASE TO A CERTAIN LOT OF LAND IN GEORGETOWN, SUSSEX COUNTY, OWNED BY THE STATE OF DELAWARE, FOR THE USE OF SUSSEX COUNTY, TO UNION LODGE NO. 3, INDEPENDENT ORDER OF ODD FELLOWS. WHEREAS, by virtue of the authority contained in a cer-tain Act of General Assembly entitled, "An Act authorizing the Levy Court of Sussex County to lease the old jail in Georgetown, Sussex County" passed on February 26, 1852, the Levy Court of Sussex County did lease to Union Lodge No. 3, Independent Order of Odd Fellows, for a period of ninety-nine years, com-mencing April 1, 1852 a certain lot of land in said town of George-town at the corner of Market Street and Cherry Lane, upon which lot of land the said lessee thereafter erected a building; and WHEREAS, it is desirable that the said Levy Court shall have the power and authority to renew the said lease with said lessee or to extend the period of the existing lease; Now, There-fore, Be it enacted by the Senate and House of Representatives of the State of Delaware in. General Assembly met: Section 1. That the Levy Court of Sussex County may, and the said Levy Court is hereby empowered and authorized, to lease the lot of land above described, either by entering into a new agreement or by extending the period of the existing agree-ment, to Union Lodge No. 3, Independent Order of Odd Fellows, for such period of time and upon the payment of such rentals and upon such other,terms and conditions as may be agreed to between the said Levy Court and the said Union Lodge No. 3, Independent Order of Odd Fellows. 53 54 Chapter 38 SUSSEX COUNTY LEVY COURT RENEW LEASE OF LAND TO I. 0. 0. F. Section 2. That all moneys received by the said Levy Court under any new or extended agreement entered into by virtue of this Act shall be used by it for the general purposes of Sussex County, as heretofore. Approved February 14, 1947. CHAPTER 39 APPROPRIATION ELIJAH S. HUGHES AN ACT APPROPRIATING THE SUM OF FIFTEEN HUN-DRED DOLLARS ($1500.00) TO ELIJAH S. HUGHES IN PART PAYMENT OF SERVICES RENDERED BY HIM IN THE OFFICE OF COUNTY COMPTROLLER OF KENT COUNTY WHEN A LIKE SUM IS PAID TO HIM BY OFFICIALS OF KENT COUNTY, DELAWARE. WHEREAS, at the general election held on the fifth day of November A. D. 1940, Elijah S. Hughes was a candidate for the office of County Comptroller for Kent County and was declared elected by the Superior Court of the State of Delaware sitting as the Board of Canvass and was issued a certificate of election by that tribunal; and WHEREAS, the said Elijah S. Hughes, relying upon said certificate of election, duly qualified and entered upon the duties of said office on the seventh day of January, A. D. 1941, and con-tinued to perform the duties of said office until the sixteenth day of March, A. D. 1943, when in pursuance to a recanvass of the votes by the Superior Court of Kent County sitting as the Board of Canvass in accordance with the order of the Supreme Court of the State of Delaware the certificate of election there-tofore issued to the said Elijah S. Hughes was rescinded, and a certificate of election was then issued to Frank P. Walker; and WHEREAS, the said Frank P. Walker did on the sixteenth day of March, A. D. 1943, enter into and thereafter performed the duties of said office; and WHEREAS, the said Frank P. Walker did thereafter file a suit against the said Elijah S. Hughes in the Superior Court of the State of Delaware,, in and for New Castle County, in as-sumpsit to recover from the said Elijah S. Hughes the amount of salary incident to the office of County Comptroller for Kent County which had been paid to and accepted by the said Elijah 55 56 Chapter 39 APPROPRIATION ELIJAH S. HUGHES S. Hughes during the time the said Elijah S. Hughes occupied and performed the duties of the office of said County Comptroller; and WHEREAS, the said Superior Court did on the nineteenth day of February, A. D. 1944, enter an order to the effect that the said Frank P. Walker was entitled to recover from the said Elijah S. Hughes the salary which the said Elijah S. Hughes had received while he performed the duties of said office, and as a result thereof the said Elijah S. Hughes did pay to the said Frank P. Walker the sum of Three Thousand Dollars ($3,000.00) in settlement of said suit; and WHEREAS, the said Elijah S. Hughes having performed the duties and assumed the obligations for the office of County Comp-troller from the seventh day of January, A. D. 1941, to the six-teenth day of March, A. D. 1943, and should be compensated for said service, Now, Therefore, 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 Fifteen Hundred Dollars ($1500.00) is hereby appropriated to Elijah S. Hughes out of any moneys in the General Fund not otherwise appropriated, in part payment for his services rendered as County Comptroller for Kent County from the seventh day of January, A. D. 1941, to the sixteenth day of March, A. D. 1943; provided, however, that no part of the said Fifteen Hundred Dollars ($1500.00) shall be paid by the State Treasurer as aforesaid unless and until a like sum of Fifteen Hundred Dollars ($1500.00) is paid to the said Elijah S. Hughes by the Levy Court of Kent County, Dela-ware. Section 2. That the Levy Court of Kent County is hereby authorized to appropriate and pay to Elijah S. Hughes the sum of Fifteen Hundred Dollars ($1500.00) as part compensation for services rendered to Kent County as aforesaid. Chapter 39 57 APPROPRIATION ELIJAH S. HUGHES Section 3. The State Treasurer is hereby authorized and directed to pay the said sum of Fifteen Hundred Dollars ($1500.00) to Elijah S. Hughes when he is advised in writing by the Levy Court of Kent County that a like sum has been paid to the said Elijah S. Hughes by the Receiver of Taxes and County Treasurer for Kent County. Section 4. This Bill shall be known as a Supplementary Appropriation Act and the funds hereby appropriated shall be paid out of the General Fund of the State Treasury not other-wise appropriated. Approved February 14, 1947. 58 CHAPTER 40 FARM PRODUCTS INSPECTION SERVICE OF THE STATE BOARD OF AGRICULTURE AN ACT MAKING AN ADDITIONAL APPROPRIATION TO THE STATE BOARD OF AGRICULTURE FOR CARRY-ING OUT THE PROVISIONS OF THE FARM PRODUCTS INSPECTION SERVICE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That there is hereby appropriated to the State Board of Agriculture the sum of Four Thousand Five Hundred Dollars ($4,500.00) for the purpose of carrying out the provisions of the Farm Products Inspection Service of the Bureau of Markets. Section 2. The money hereby appropriated shall be avail-able to the State Board of Agriculture and shall be paid out by the State Treasurer upon proper vouchers submitted by said Department during the remainder of the fiscal year ending the 30th day of June, A. D., 1947. Section 3. This bill shall be known as a supplementary and a deficiency appropriation bill and the funds hereby appropriated shall be paid out of the General Fund of the State Treasury not otherwise appropriated. Approved February 14, 1947. 59 CHAPTER 41 APPROPRIAT/ON STATE POLICE PENSIONS AN ACT MAKING AN APPROPRIATION TO THE STATE POLICE PENSION BOARD FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF LAW RELAT-ING TO STATE POLICE PENSIONS. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That there is hereby appropriated to the State Police Pension Board the sum of Eleven Thousand Five Hundred Dollars ($11,500.00) for the purpose of carrying out the pro-visions of the law relating to the State Police Pension system. Section 2. The money hereby appropriated shall be avail-able to the State Police Pension Board and shall be paid out by the State Treasurer upon proper vouchers submitted by said Board during the remainder of the fiscal year ending the 30th day of June, A. D., 1947. Section 3. This Bill shall be known as a supplementary and a deficiency appropriation act and the funds hereby appro-priated shall be paid out of the General Fund of the State Trea-sury not otherwise appropriated. Approved Februaiy 18, 1947. 60 CHAPTER 42 APPROPRIATION STATE HIGHWAY DEPARTMENT AN ACT TO APPROPRIATE MONEY TO THE STATE HIGH-WAY DEPARTMENT TO CARRY OUT THE PROGRAM OF SAID DEPARTMENT AND FOR PERFORMING THE DUTIES AND SERVICES IMPOSED UPON SAID DE-PARTMENT BY LAW. WHEREAS, under the provisions of Acts passed by the General Assemblies of 1935, 1937 and 1939,, the sum of One Million, Eight Hundred Thousand Dollars ($1,800,000.00) was borrowed from the State Highway Fund for ,the use of the General Fund of the State; and WHEREAS, in order to repay this sum to the State High-way Department for use on roads, highways and bridges of the State, it is necessary that an appropriation be made over and above amounts appropriated to said Department in the regular budget appropriation bill for the biennium ending June 30, 1949, Now, Therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That in addition to any other moneys appro-priated to the State Highway Department for the fiscal year ending June 30, 1947, and in addition to the regular appropria-tions to said Department that may appear in the regular budget appropriation bill for the biennium ending June 30, 1949, there is hereby appropriated to the said State Highway Department of the State of Delaware the sum of Two Million Dollars ($2,000,000.00) for the use of said Department in carrying out its program and performing the duties and services directed to be performed by said Department by any law of the State. Section 2. That the funds hereby appropriated shall be available to the said State Highway Department immediately upon the passage and approval of this bill, and the State.Trea- Chapter 42 61 APPROPRIATION STATE HIGHWAY DEPARTMENT surer is hereby authorized and directed to pay such sums there-from as are presented for payment by proper vouchers signed by the officials of said Department. Section 3. The sums herepy appropriated shall not revert to the General Fund of the State Treasury at the end of any fiscal year but shall be available to the Department for carrying out its work until the said appropriation is fully expended. Section 4. This bill shall be known as a Supplementary Appropriation Act and the funds hereby appropriated shall be paid out of the General Fund of the State Treasury, not other-wise appropriated. Approved February 19, 1947. 62 CHAPTER 43 RECORDERSUSSEX COUNTY RECORDING OF CHATTEL MORTGAGES OF FINANCE COMPANIES AN ACT AUTHORIZING THE RECORDER OF THE STATE OF DELAWARE, IN AND FOR SUSSEX COUNTY TO PROCURE A RECORD FOR THE PURPOSE OF RECORD-ING CHATTEL MORTGAGES OF FINANCE COMPANIES IN SUSSEX COUNTY. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. The Recorder of the State of Delaware, in and for Sussex County is authorized to have records of forms printed and bound, for the purpose of. recording chattel mortgages of Finance Companies in Sussex County, which record shall be printed upon good record paper and with necessary blanks for the names, dates and description of personal property. Section 2. All records of forms so printed shall be evi-dence in law as other records of Sussex County. Section 3. The Levy Court of Sussex County is hereby authorized and directed to pay the necessary costs of procuring said records. Approved February 20, 1947. 63 CHAPTER 44 DEFICIENCY APPROPRIATION STATE BOARD OF EDUCATION AN ACT MAKING AN APPROPRIATION TO THE STATE BOARD OF EDUCATION TO PROVIDE FOR THE PAY-MENT OF CERTAIN CHARGES AND EXPENSES DUE TO A DEFICIENCY IN PRESENT APPROPRIATIONS AVAILABLE TO SAID BOARD FOR SUCH PURPOSES. WHEREAS, present appropriations available to the State Board of Education are inadequate to. meet certain necessary and extraordinary expenses for the remainder of the fiscal year ending June 30, 1947, Therefore Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That there is hereby appropriated to the State Board of Education the sum of Sixty Thousand Nine Hundred Eighty-four Dollars ($60,984.00) or so much thereof as may be necessary, for the payment of transportation charges of public school students for which the State Board of Education is re-sponsible; for the payment of salaries of substitute teachers; for the payment of salaries of additional teachers made necessary by increased school population in certain areas ; for fixed com-pensation insurance charges; for increased expenses due to the attendance of high school students at the State College for Col-ored Students; and for general control and instructional service. Section 2. That the funds hereby appropriated shall be available during the fiscal year ending June 30, 1947, and shall be paid out by the State Treasurer upon proper vouchers pre-sented by the State Board of Education. Section 3. This Act shall be known as a supplementary and a deficiency appropriation bill and the funds hereby appro-priated are to be paid out of the General Fund of the State Treasury from funds not otherwise appropriated. Approved February 20, 1947. 1 64 CHAPTER 45 TRANSFER OF CERTAIN BALANCES TO GENERAL FUND AN ACT AUTHOR/ZING THE STATE TREASURER TO TRANSFER CERTAIN BALANCES IN THE ACCOUNTS OF FORMER STATE TREASURER PETER S. COLLINS TO THE GENERAL FUND OF THE STATE OF DELA-WARE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That the State Treasurer be and is hereby authorized to transfer to the credit of the General Fund of the State of Delaware the amount of Six Hundred Thirty Five Dol-lars and Fifty Eight Cents ($635.58) made up of certain bal-ances for which the date for honoring any check or order drawn thereupon has expired by statute, such amount being the total of balances on deposit to the credit of the State of Delaware in the Farmers' Bank in the name and in the accounts as follows: Approved February 20, 1947. Treasurer of the State of Delaware Peter S. Collins $362.82 Payroll Account 245.00 Motor Fuel Tax Refund Account 27.76 Total $635.58 CHAPTER 46 TRANSFER OF CERTAIN BALANCES TO GENERAL FUND AN ACT AUTHORIZING THE STATE TREASURER TO TRANSFER CERTAIN BALANCES IN THE ACCOUNTS OF FORMER STATE TREASURER JOHN S. ISAACS TO THE GENERAL FUND OF THE 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 State Treasurer be and is hereby authorized to transfer to the credit of the General Fund of the State of Delaware the amount of Two Thousand Seven Hundred Sixty Seven Dollars and Thirty Cents ($2,767.30) made up of certain balances for which the date for honoring any check or order drawn thereupon has expired by statute, such amount being the total of balances on deposit to the credit of the State of Delaware in the Farmers' Bank in the name and in the ac-counts as follows: 65 Approved February 20, 1947. Treasurer of the State of Delaware John S. Isaacs $ 603.89 Payroll Account 2,111.47 Motor Fuel Tax Refund Account 30.84 Motor Vehicle Licenses and Fees Refund 21.10 Total. $2,767.30 66 CHAPTER 47 TRANSFER OF CERTAIN BALANCES TO THE MAINTENANCE ACCOUNT OF THE GEORGETOWN SPECIAL SCHOOL DISTRICT AN ACT TO AUTHORIZE AND DIRECT THE STATE TREA-SURER TO TRANSFER TO THE CURRENT MAINTE-NANCE ACCOUNT OF THE GEORGETOWN SPECIAL SCHOOL DISTRICT THE SUM OF $5,000.00 APPEARING IN THE STATE TREASURY AS THE DEBT SERVICE ACCOUNT, TO THE CREDIT OF SAID GEORGETOWN SPECIAL SCHOOL DISTRICT. WHEREAS, the Georgetown Special School District has over a period of years accumulated a substantial surplus in its Debt Service Account, more than sufficient to meet its needs in that account; and WHEREAS, there is great need for use by the said George-town Special School District of additional funds in the Current Maintenance Account of the said school district for the purpose of improvements to building and equipment, Now, Therefore, Be it enacted by the Senate and the House of Representatives of the State of Delaware in General Assembly met: Section 1. That the State Treasurer of the State of Dela-ware be and he is hereby authorized and directed to transfer the sum of Five Thousand Dollars ($5,000.00) from the Debt Service Account of the Georgetown Special School District to the Current Maintenance Account of the Georgetown Special School District. Section 2. That the said sum so transferred, as provided for in Section 1 of this Act shall be used by the said school district for improvements to school property and/or equipment upon warrants drawn on the said fund by the proper officer or officers of The Board of Education of the Georgetown Special School District, and the State Treasurer is hereby authorized and di-rected to pay, from time to time, out of said fund, such warrants. Approved February 27, 1947. t 1 , r. iy. i, q AN ACT TO PROVIDE FOR A UNIFORM STATE SUPPORT-UNIFORM STATE SUPPORTED SALARY SCHEDULE FOR TEACHERS IN FREE PUBLIC SCHOOLS ED SALARY SCHEDULE FOR TEACHERS IN THE FREE PUBLIC SCHOOLS OF THE STATE OF DELA-WARE, AND TO PROVIDE APPROPRIATIONS THERE-FOR. CHAPTER 48 67 Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. There is hereby established a permanent State Supported Uniform Salary Schedule and Classification of and for teachers, principals and certain other persons in the Free Public Schools of Delaware, to be effective, and to remain in effect, on and after the First Day of July, A. D. 1947, as follows: **---Mayleauna 1948-1949 (1) Experience:Years of Experience as herein used shall mean years of teaching. Ninety-one days in any school year shall constitute one year of experience, provided, however, that not more than one year of experience may be credited for any one calendar year. YEARS OP PREPARATION: EXPERIENCE 2 Yrs (1) (2) PRINCIPALS AGRI-MASTER'S CULTURE 4 Yrs. DEGREE (12 mos.) (3) (4) Elem. School 2nd let Group OrOUP High School High School (6) 0 $1600 $2000 $2200 $2560 $1930 $2560 $3150 1 1675 2000 2200 2650 2030 2650 3260 2 1760 2000 2200 2760 2130 2760 3350 3 1866 2100 2300 2850 2230 2860 3460 4 1930 2200 2400 2950 2330 2960 3560 5 2006 2300 2600 3050 2480 aoso 3660 6 2080 2400 2600 3150 2530 3150 3750 7 2155 2500 2700 3250 2630 ' 3260 3850 8 2230 2600 2800 3360 2730 3350 3950 9 2305* 2700 2900 3460 2830 3450 4050 10 2380** 2800 3000 3660 2930 3660 4150 Possible Maximums: 3000 3600 3800 4200 3700 4300 4700 *Maximum 1947-1948 68 Chapter 48 UNIFORM STATE SUPPORTED SALARY SCHEDULE FOR TEACHERS IN FREE PUBLIC SCHOOLS (2), (3), (4), (5) Preparation, Master's Degree, Agricul-ture, Principals:The foregoing words as herein used shall mean Preparation, Master's Degree, Agriculture and Principals, as de-fined in the rules and regulations for the Certification of teachers as are now or may hereafter be prescribed by the State Board of Education. Section 2. Effective July 1, 1947, and continuing for the fiscal years beginning July 1, 1947, and ending June 30, 1948, and beginning July 1, 1948 and ending June 30, 1949, respective-ly, there shall be added to the funds provided for instructional salaries of persons covered by this Act of the Board of Educa-tion of the City of Wilmington and of each of the Boards of Education of the special school districts throughout the State, and of the State Board of Education for school districts of the Statd Board Units, hereinafter referred to as "Districts and Units", a sum sufficient to bring the total salary of each person in each of the classifications set forth in said schedule and classi-fications up to the minimum salary therein set forth for each person in each respective classification, and to provide a mini-mum increase for each such person of Two Hundred Dollars ($200.00) for the fiscal year beginning July 1, 1947 and ending June 30, 1948, and for the fiscal year beginning July 1, 1948 and ending June 30, 1949, over and above the annual rate of salary that such person will receive for the school year 1946-1947, less the temporary. salary increase payable under the provisions of Senate Bill No. 18 passed at the 114th General Assembly and approved by the Governor on January 27, 1947. Section 3. To carry out the provisions of this Act in the allocation of funds the State Board of Education shall allocate, during each of the years beginning July 1, 1947 and July 1, 1948, respectively, to the Board of Public Education in the City of Wilmington and to each of the Boards of Education of the special school districts thi:oughout the State, and to the State Board of Education for school districts of the State Board Unit the amounts required to bring the salaries of persons covered by Chapter 48 69 UNIFORM STATE SUPPORTED SALARY SCHEDULE FOR TEACHERS IN FREE PUBLIC SCHOOLS this Act up to the standards herein provided for, such amounts to be determined from the personnel classification of persons covered by this Act. Section 4. The State Board of Education shall, as soon as the classification of persons covered by said salary schedule and classification has been determined for any year, and the amounts to be allocated as provided in Section 3 of this Act have been estimated, advise the State Treasurer and the Auditor of Ac-counts who shall cause such monies to be made available to the respective "Districts and Units" in the respective amounts to carry out the purposes of this Act. Section 5. In the event that any person or persons covered by this Act shall be replaced, the district or unit shall contribute as much, if necessary, from the funds appropriated directly to such district or unit by the Legislature for instructional sal-aries as it did toward the salary of the person or persons re-placed: Section 6. In the event any additional personnel covered by this Act, over and above those employed or vacancies existing on February 1, 1947, shall be employed, the amount to be pro-vided under this Act toward the salary of such person or persons in any one school year shall not be more than $400.00 for per-sons having four years or more of preparation and $450.00 for those having less than four years' preparation. Section 7. There is hereby appropriated to the State Board of Education the sum of Seven Hundred and Twenty-five Thou-sand Dollars ($725,000.00) for the fiscal year beginning July 1, 1947 and ending June 30, 1948, and the sum of Seven Hundred and Twenty-five Thousand Dollars ($725,000.00) for the fiscal year beginning July 1, 1948 and ending June 30, 1949, for the purposes of, and subject to, the provisions contained in this Act. Section 8. The State Board of Education shall have the authority to make such rules and regulations as shall make the application of the aforesaid salary schedule uniform throughout the State. 70 Chapter 48 UNIFORM STATE SUPPORTED SALARY SCHEDULE FOR TEACHERS IN FREE PUBLIC SCHOOLS Section 9. 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 10. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed to the extent of such inconsistency. Section 11. This Act may be cited as the "State Supported Salary Schedule for Teachers". Section 12. This Act shall be known as a Supplementary Appropriation Act and the money hereby appropriated shall be paid out of the General Fund of the State Treasury not other-wise appropriated. Approved February 27, 1947. CHAPTER 49 ESTABLISHING NUMBER OF STATE POLICE STATIONS AN ACT TO AMEND CHAPTER 166 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED, "STATE HIGHWAY DEPARTMENT", BY MAKING PRO-VISION FOR STATE POLICE STATIONS IN THE STATE. Be it enacted by the Senate and the House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 166, Revised Code of Delaware, 1935, as amended, be further amended by adding at the end of 5747. Sec. 28. of Article 4 of said Chapter 166 a new Section to be designated 5747A. Sec. 28A. as follows: 5747A. Sec. 28A. Minimum Number of State Police Sta-tions in State; Location; Additional Stations; Staff and Equip-ment: The Department is authorized and directed to establish and maintain at least five State Police Stations in the State of Delaware, one of which shall be located at Penny Hill, New Castle County, one of which shall be located at State Road, New Castle County, one of which shall be located at or near the City of Dover, Kent County, one of which shall be located at or near Bridgeville, Sussex County, and one of which shall be located at or near Georgetown, Sussex County, and such other stations as the State Highway Department shall deem necessary for the proper policing of the highways of the state and for the en-forcement of the laws of the state. Such State Police Stations as are herein directed to be established and maintained shall each be staffed with members of the State Police of the State, and shall each be equipped with radio equipment to aid in the police work of the Department. Approved February 28, 1947. 71 72 CHAPTER 50 DELAWARE WORKMEN'S COMPENSATION LAW DEFINING CASUAL EMPLOYMENT AN ACT TO AMEND CHAPTER 175 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED, "DELAWARE WORKMEN'S COMPENSATION LAW", BY DEFINING CASUAL EMPLOYMENT. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That 6113. Sec. 43. of Chapter 175, of the Re-vised Code of Delaware, 1935, as amended, be further amended by striking out all of said 6113. See. 43. thereof and inserting in lieu thereof a new paragraph to be known as 6113. Sec. 43., as follows: 6113. Sec. 43. "Employee" Construed:The term "em-ployee" as used in this Chapter shall be construed to mean: Every person in service in the State of Delaware of the County of New Castle, or any corporation (private, public, municipal or public quasi), of any association, of any firm or of any person (except-ing the employer mentioned in Sec. 48 and Sec. 49 hereof) under any contract of hire, expressed or implied, oral or written, or performing services for a valuable consideration, excluding exec-utive officers of any corporation and executive officers for the purpose of this Act shall be construed to mean the President, any Vice-President, Secretary, Treasurer, or any other execu-tive officer elected and empowered by the Board of Directors in accordance with the Charter and the regularly adopted By-laws of the Corporation, unless such officers elect to be covered under this Act, and also excluding any person whose employment is casual and not in the regular course of the trade, business, pro-fession or occupation of his employer, and not including per-sons to whom articles or materials are furnished or repaired, or adopted for sale in the workman's own home, or on the premises not under the control or management of the employer. Casual employment shall mean employment for not over two weeks or Chapter 50 73 DELAWARE WORKMEN'S COMPENSATION LAW DEFINING CASUAL EMPLOYMENT a total salary during said employment not to exceed One Hun-dred Dollars ($100.00) and subject to the above, repairs and maintenance of employer's regular business shall not be con-strued as casual employment. Approved February 28, 1947. 74 CHAPTER 51 MOTOR VEHICLES AUXILIARY DRIVING LAMPS, FLARES AND SIMILAR DEVICES AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO REQUIREMENTS AS TO HEAD LAMPS, AUXILIARY DRIVING LAMPS, FLARES AND SIMILAR DEVICES. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That 5668. Sec. 130 of Chapter 165 of the Re-vised Code of Delaware, 1935, as amended, be and the same is amended by repealing paragraphs (d), (e) and (f) thereof and substituting therefor the following: Every person operating a motor vehicle on the public highways, when approaching or about to pass any other person operating a motor vehicle and traveling in the opposite direction, shall seasonably dim, depress or tilt the front head lights on his vehicle so that the rays projected therefrom will not blind the person whom such operator is approaching and about to pass; provided, that the dimmed, depressed or tilted lamps shall give sufficient illumination under normal atmospheric conditions and on a level road to render clearly discernible a person seventy-five (75) feet ahead; and provided further, that this provision shall not apply to vehicles equipped with acetylene or similar gas lights. No person shall operate any motor truck haying a width at any part in excess of eighty (80) inches upon a high-way outside of a business or residence district at any time from a half hour after sunset to a half hour before sunrise, unless there shall be carried in such vehicle a sufficient number of flares, electric lanterns, or other devices, not less than three, capable of producing continuously three warning lights or signals each visible from a distance of at least Five Hundred (500) feet for a period of at /east eight hours; provided, however, that red re-flectors may be carried in place of flares, electric lanterns or other signals. Chapter 51 75 MOTOR VEHICLES AUXILIARY DRIVING LAMPS, FLARES AND SIMILAR DEVICES Each such flare, lantern, reflector, or signal shall be of a type approved by the Motor Vehicle Commissioner; and he shall publish lists of those devices which he has approved as ade-quate, for the purposes of this section. (f) Whenever any motor truck having a width at any part in excess of eighty (80) inches and its lighting equipment shall become disabled during the period when lighted lamps must be displayed on vehicles, and such motor truck cannot immediately be removed from the main, traveled portion of a highway outside of a business or residence district, the driver or other person in charge of such vehicle shall cause flares, lanterns, reflectors or other signals to be lighted and placed upon the highway, one at a distance of approximately one hundred (100) feet in advance of such vehicle, one at a distance of approximately one hun-dred (100) feet to the rear of the vehicle and the third upon the roadway of the vehicle; provided, however, that if the ve-hicle is transporting flammables three red reflectors may be so placed as to afford a warning of the presence of the vehicle on the highway in lieu of such other signals and no open burning flare shall be placed adjacent to any such vehicle. Approved March 7, 1947. 76 CHAPTER 52 APPROPRIATION BOARD OF MANAGERS OF THE COUNCIL OF STATE GOVERNMENTS AN ACT APPROPRIATING MONEY TO BOARD OF MANA-GERS OF THE COUNCIL OF STATE GOVERNMENTS. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the members elected to each House agreeing thereto): Section 1. That the sum of One Thousand Dollars ($1,000.00) be and the same is hereby appropriated to the Board of Managers of the Council of State Governments for the bien-nium beginning July 1, 1947 and ending June 30, 1949 for the purpose of aiding and furthering the efforts of said Council in rendering service to the States in matters of inter-state coopera-tion. Five Hundred Dollars ($500.00) of said sum shall be paid to said Board of Managers of said Council within three months after July 1, 1947, and a like sum of Five Hundred Dollars ($500.00) shall be paid within three months after July 1, 1948. Section 2. That this Act shall be known as a Supplementary Appropriation Act and the funds hereby appropriated shall be paid out of the General Funds of the State Treasury not other-wise appropriated. Approved March 7, 1947. CHAPTER 53 MOTOR VEHICLES MANDATORY REVOCATION OF LICENSE AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO MANDATORY REVOCATION OF LICENSE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That 5605. Sec. 67 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby amended by repealing all of said Section and substituting there-for the following: 5605. Sec. 67. Mandatory Revocation of License by the Department:The Department shall forthwith revoke the li-cense of any person upon receiving a record of the conviction of such person of any of the following crimes: Manslaughter resulting from the operation of a motor vehicle. The crime of assault in which a motor vehicle is used and the death of a human being results. Driving a vehicle while under the influence of intoxi-cating liquor or narcotic drug. Perjury or the making of a false affidavit to the Depart-ment under this Chapter or any other law of this State requir-ing the registration of motor vehicles or regulating their opera-tion on highways. Any crime punishable as a felony under the motor ve-hicle Laws of this State or any other felony in The commission of which a motor vehicle is used. Conviction or forfeiture of bail upon three charges of reckless driving all within the pfeceding twelve months. A conviction of a driver of a motor vehicle, involved in an accident resulting in the death or injury of another person, upon a charge of failing to stop and disclose his identity at the scene of the accident. Approved March 7, 1947. 77 78 CHAPTER 54 RECORDERS INDEXING AND CANCELLING OF OFFICIAL OBLIGATIONS AN ACT TO AMEND CHAPTER 50 OF THE REVISED CODE OF THE STATE OF DELAWARE, 1935; RELATING TO THE INDEXING OF OFFICIAL OBLIGATIONS AND MARKING THE SAME CANCELLED IN THE. INDEX BOOK. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That 1552. Sec. 10, Chapter 50, Revised Code of Delaware, 1935, be amended by adding a new paragraph at the end of the said section as follows: He shall keep a separate index book in which shall be in-dexed the name of each official whose obligation is herein re-quired to be recorded. Upon cancellation of any official obliga-tion in accordance with Section 4 of Chapter 11 of the Revised Code of Delaware, 1935, he shall write the word "cancelled" and sign his name as Recorder opposite or along side of the name of the official whose bond has been so cancelled. Approved March 7, 1947. CHAPTER 55 CANCELLATION OF STATE AND COUNTY BONDS AN ACT TO AMEND CHAPTER 11 OF THE REVISED CODE OF THE STATE OF DELAWARE, 1935, RELATING TO CANCELLATION OF BONDS OF STATE AND COUNTY OFFICERS AFTER EXPIRATION OF TERM OF OFFICE BY PROVIDING FOR THE FILING OF A PETITION TO THE SUPERIOR COURT AND THE PUBLICATION OF SAID PETITION BEFORE HEARING THEREON. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 11 of the Revised Code of Dela-ware, 1935, be and the same is hereby amended by repealing 351. Sec. 6, and 352. Sec. 7, thereof, and by inserting in lieu of said Sections the following, to be known as 351. Sec. 6, and 352, Sec. 7: 351. Section 6. At any time after the expiration of the term of office of any State or County officer in this State, who is required by law to give bond or other obligation with surety for the faithful performance of his duties as such officer, such officer may present a petition to the Superior Court of the par-ticular county in which said bond or other obligation is filed or recorded, in term time or in vacation, in such form as shall be prescribed by the said Court, stating all of the facts proper and necessary to lay before the said Court and the reasons for ask-ing that the said bond or other obligation theretofore entered into by such officer should be cancelled and satisfied of record. Before any hearing shall be had upon said petition, the petitioner shall cause a copy of said petition to be published in one or more newspapers published in the said County, at least once a week for three successive weeks, and in addition thereto the said Court may require such additional notice of the filing of said petition as in its opinion shall be deemed advisable. 79 80 Chapter 55 . CANCELLATION OF STATE AND COUNTY BONDS 352. Section 7. Upon the presentation of any such peti-tion, by said such officer, as stated in Section 6 of this Chapter, to the Superior Court of the particular County as aforesaid, said Court shall inquire into all the facts and circumstances of the particular case; and, if satisfied from the evidence presented that the said officer has performed all of the duties lawfully required of him, and has properly accounted for all monies or other prop-erty or things of value coming into his hands as such officer, and there are no reasons why the bond or other official obligation of such officer should not be cancelled and satisfied of record; then, and under such circumstances, the said Court may in its discre-tion make an order that said bond or other official obligations of such officer be cancelled, and that the Recorder of Deeds of the County where the said bond or other official obligation is re-corded shall mark the same satisfied of record. Approved March 7, 1947. 81 CHAPTER 56 BONDS OF CONSTABLES AN ACT TO AMEND CHAPTER 11 OF THE REVISED CODE OF THE STATE OF DELAWARE, 1935, RELATING TO OFFICIAL BONDS OF CONSTABLES. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 11 of the Revised Code of Dela-ware, 1935, be and the same is hereby amended by striking out and repealing 349, Section 4 of said chapter, and by inserting in lieu thereof the following new Section, to be known as 349, Sec-tion 4: 849. Section 4. Cancellation of Bonds of Certain Public Officers After, Three Years:The several Bonds and recogniz-ances of the several officers provided for in Sections 3 and 10 of this Chapter as well as the official Bond of any Constable of the several Counties shall be cancelled three years after the expi-ration of the terms of office of the said several officers and such Constable and shall after such time cease to be a lien on any property of any kind of the said several officers and such Con-stable or their respective Bondsmen. Approved March 7, 1947. 82 CHAPTER 57 APPROPRIATION PURCHASE OF CERTAIN HIGHWAY BOND MATURITIES AN ACT AUTHORIZING THE STATE TREASURER TO PURCHASE CERTAIN HIGHWAY IMPROVEMENT BONDS AND STATE AID BONDS ISSUED BY THE LEVY COURTS OF NEW CASTLE, KENT AND SUSSEX COUNTIES AND MATURING DURING THE FISCAL BIENNIUM ENDING JUNE 30, 1949. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That the State Treasurer is hereby authorized, empowered and directed to purchase at par all Highway Im-provement Bonds and State Aid Bonds heretofore issued by New Castle, Kent and Sussex Counties, respectively, which shall mature during the fiscal biennium of the State beginning on July 1, 1947 and ending on June 30, 1949. Section 2. The Highway Improvement Bonds and State Aid Bonds, heretofore referred to in this Act, are as follows: New Castle County Bonds authorized under the following actsChapter 88 of Volume 32, Laws of Delaware; Chapter 94 of Volume 33, Laws of Delaware; Chapter 101 of Volume 29, Laws of Delaware; Chapter 103 of Volume 34, Laws of Dela-ware; Chapter 25 of Volume 26, Laws of Delaware; Chapter 29 of Volume 25, Laws of Delaware and Chapter 45 of Volume 27, Laws of Delaware. Kent County Bonds authorized under the following actsChapter 97 of Volume 33, Laws of Delaware; Chapter 104 of Volume 34, Laws of Delaware; Chapter 104 of Volume 29, Laws of Delaware; Chapter 23 of Volume 31, Laws of Delaware and Chapter 174 of Volume 27, Laws of Delaware. Sussex County Bonds authorized under the following actsChap-ter 105 of Volume 34, Laws of Delaware; Chapter 111 of Volume 43, Laws of Delaware and Chapter 112 of Volume 43, Laws of Delaware. 'Chapter .57 83 APPROPRIATION PURCHASE OF- CERTAIN HIGHWAY. BOND MATURITIES , SeetiOn 3. Owor before June 1, 1947 the Levy Court Corn- Mis8iOnera Of the Counties of New Castle, Kent and Sussex, respectively, shall certify to the State Treasurer the number - of ,bonds of each issue, the amount thereof and the date on which 'the Maturities of principal on the said Highway Improvement Bonds and the said State Aid Road Bonds of each of said Counties will become due and payable during the fiscal biennium of the State of Delaware beginning on July 1, 1947 and ending on June 30, 1949. Section 4. Within ten days prior to the maturity date of any of the bonds set forth in Section 2 of this Act, it shall be the duty of the State Treasurer and Auditor of Accounts, and the State Treasurer and Auditor of Accounts are hereby directed and required to have on deposit and available for immediate payment at the Farmers Bank in the proper county of this State or other place where the principal of said bonds is payable at maturity, according to the provisions thereof, full and sufficient funds to pay at par the principal of all such maturing bonds, and upon the presentation of any of said bonds for payment on the maturity date or thereafter" to cause to be paid to the lawful owner or holder of any such bonds the principal sums due there-on. Section 5. Upon the presentation at maturity of any of said bonds, there shall be paid to the registered holder or to the bearer thereof, as specified in the bonds, the principal sum of each maturing bond out of the funds deposited with and made available for this specific purpose under the provisions of this Act, and upon payment thereof the bonds shall thereafter be delivered to the State Treasurer. If any of the bonds are regis-tered according to the provisions thereof the registered holder shall properly endorse, assign and transfer his title thereto to the State Treasurer. Section 6. There is hereby appropriated, authorized and directed to be paid out of the State Treasury such sums of money as shall be necessary for the payment of maturities of 84 Chapter 57 APPROPRIATION PURCHASE OF CERTAIN HIGHWAY BOND MATURITIES principal on all the said bonds set forth in Section 2 of this Act. The moneys hereby appropriated and authorized shall embrace the sums necessary to provide for the said maturities of prin-cipals on the said Highway Improvement Bonds and the said State Aid Road Bonds of each of the said counties falling due during the period from July '1, 1947 to June 30, 1949, both in-clusive. Section 7. The moneys hereby appropriated and authorized to be paid out of the State Treasury shall be paid out of moneys in the General Fund not otherwise appropriated. Section 8. The Levy Courts of the respective Counties in fixing the annual rate of taxation shall not provide for the rais-ing of any sum of money for the payment of maturities on any of the bonds in this Act referred to. Section 9. All persons are hereby authorized, directed and empowered to do any act or acts necessary for the carrying out of the provisions of this act in order that the principal of each and every of the bonds specified in this Act shall be duly and faithfully paid upon the maturity thereof according to the pro-visions thereof. Approved March 7, 1947. CHAPTER 58 APPROPRIATION PURCHASE OF PAST DUE INTEREST COUPONS ON CERTAIN HIGHWAY IMPROVEMENT BONDS AN ACT APPROPRIATING MONEYS FROM THE STATE TREASURY FOR THE PURPOSE OF PURCHASING PAST DUE INTEREST COUPONS ON CERTAIN HIGH-WAY IMPROVEMENT BONDS AND STATE AID BONDS ISSUED BY THE LEVY COURTS OF NEW CASTLE, KENT AND SUSSEX COUNTIES, DURING THE FISCAL BIENNIUM OF THE STATE OF DELAWARE, ENDING JUNE 30, 1949. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That the State Treasurer is hereby authorized, empowered and directed to purchase at par the interest coupons falling due during the fiscal biennium of the State of Delaware beginning July 1, 1947 and ending June 30, 1949 on all High-way Improvement Bonds and State Aid Road Bonds heretofore issued by New Castle, Kent and Sussex Counties. Section 2. The Highway Improvement Bonds and State Aid Road Bonds referred to in Section 1 hereof are as follows: New Castle County Bonds authorized under the following actsChapter 88 of Volume 32, Laws of Delaware; Chapter 94 of Volume 33, Laws of Delaware; Chapter 101 of Volume 29, Laws of Delaware; Chapter 103 of Volume 34, Laws of Dela-ware; Chapter 25 of Volume 26, Laws of Delaware; Chapter 29 of Volume 25, Laws of Delaware and Chapter 45 of Volume 27, Laws of Delaware. Kent County Bonds authorized under the following actsChapter 97 of Volume 33, Laws of Delaware; Chapter 104 of Volume 34, Laws of Delaware; Chapter 23 of Volume 31, Laws of Delaware; Chapter 104 of Volume 29, Laws of Delaware and Chapter 174 of Volume 27, Laws of Delaware. 85 86 Chapter 58 APPROPRIATION PURCHASE OF PAST DUE INTEREST COUPONS ON CERTAIN HIGHWAY IMPROVEMENT BONDS Sussex County Bonds authorized under the following actsChap-ter 105 of Volume 34, Laws of Delaware; Cha:pter 111 of Volume 43, Laws of Delaware and Chapter 112 of Volume 43, Laws of Delaware. Section 3. On or before June 1, 1947 the Levy Court Com-missioners of the Counties of New Castle, Kent and Sussex, re-spectively, shall certify to the State Treasurer the number of and the amount of interest coupons of said Bonds falling due during said fiscal biennium. Section 4. Within ten days prior to the maturity date of said interest coupons of the Bonds set forth in Section 2 of this Act, it shall be the duty of the State Treasurer and Auditor of Accounts, and they and each of them hereby are directed and required to have on deposit and available for immediate payment at the Farmers Bank in the proper County of this State, or other place where the interest on said bonds is payable, according to the provisions thereof full and sufficient funds to purchase at par said interest coupons on all such bonds, and upon the pre-sentation of any of said interest coupons on the date when the same become due and payable, or on any date thereafter, to purchase, or cause to be purchased, from the lawful owner or holder of such coupons said coupons at the face value thereof. Section 5. Upon presentation at maturity of any of said interest coupons.there shall be paid to the holder thereof, as the purchase price of said coupon or coupons, the face value of each maturing coupon out of the funds deposited with and made available for this specific purpose under the provisions of this Act, and upon payment thereof said coupons shall thereafter be delivered to the State Treasurer. Section 6. There is hereby appropriated, authorized and directed to be paid out by the State Treasurer for the fiscal year beginning July 1, 1947 and ending June 30, 1948 the sum of One Hundred Ten Thousand Four Hundred Twenty-Five Dol- Chapter 58 87 APPROPRIATION PURCHASE OF PAST DUE INTEREST COUPONS ON CERTAIN HIGHWAY IMPROVEMENT BONDS lars ($110,425.00) and for the fiscal year beginning July 1, 1948 and ending June 30, 1949 the sum of Ninety-Eight Thousand Two Hundred Seventy-Five Dollars ($98,275.00) for the pur-poses herein set forth. The moneys hereby appropriated shall be paid out of the State Treasury out of moneys in the General Fund not otherwise appropriated. Section 7. If any of the Bonds as set forth in Section 2 hereof shall not be coupon bonds, but shall be bonds on which the interest falling due is payable directly to the registered holder thereof, the State Treasurer is hereby authorized and directed to purchase from such registered holder, at its full value any such interest obligations falling due on any of said Bonds within said biennium. Any interest obligations purchased under this Section shall be held by the State Treasurer. Section 8. The Levy Courts of the respective Counties in fixing the annual rate of taxation shall not provide for the raising of any sum of money for the payment of such interest coupons and interest obligations on any of the Bonds referred to in this Act. Section 9. All persons are hereby authorized, directed and empowered to do any Act or Acts necessary for the carrying out of the provisions of this Act. Approved March 7, 1947. 88 CHAPTER 59 LEVY COURTKENT COUNTY AUTHORIZING APPROPRIATION TO FIREMEN'S ASSOCIATION AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO AMEND CHAPTER 43 OF THE REVISED CODE OF DELAWARE, 1935, BY STRIKING OUT AND REPEAL-ING ALL OF 1194. SEC. 48. THEREOF AND INSERTING IN LIEU THEREOF A NEW SECTION TO BE STYLED 1194. SEC. 48. SAID NEW SECTION DIRECTING THE LEVY COURT OF KENT COUNTY TO APPROPRIATE CERTAIN MONEY TO THE KENT COUNTY VOLUN-TEER FIREMEN'S ASSOCIATION FOR DISTRIBUTION EQUALLY AMONG MEMBER COMPANIES." Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 43 of the Revised Code of Dela-ware, 1935, as amended by Chapter 115, Volume 45, Laws of Delaware, be and the same hereby is amended by striking out and repealing all of 1194. Sec. 48. of said chapter and enacting and inserting in lieu thereof a new section to be known and styled as 1194. Sec. 48., as follows : 1194. Sec. 48. The Levy Court of Kent County is au-thorized and directed to appropriate annually, on the first day of October of each year, to the Kent County Volunteer Firemen's Association, the sum of Eight Thousand Dollars ($8,000.00) to be distributed by said Firemen's Association equally to each of the regularly organized and motorized Fire Companies, Mem-bers of said Association, for the maintenance and upkeep of the fire equipment of said member companies. Approved March 7, 1947. CHAPTER 60 NEW CASTLE COUNTY COURT OF COMMON PLEAS TRANSMITTAL OF COPIES OF JUDICIAL AND CHANCERY REPORTS AN ACT TO AMEND CHAPTER 5 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, TO PROVIDE FOR THE TRANSMITTAL TO THE COURT OF COM-MON PLEAS OF NEW CASTLE COUNTY OF COPIES OF THE JUDICIAL REPORTS AND CHANCERY REPORTS OF THE 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 Chapter 5 of the Revised Code of Dela-ware, 1935, be and the same hereby is amended by striking out and repealing 29. Sec. 7. thereof and enacting and inserting in lieu thereof a new section, as follows: 29. Sec. 7. Judicial and Chancery Reports Deposited in Library; Disposal of Same:The .State Librarian, upon the re-ceipt of Judicial Reports and Chancery Reports to be deposited in the Library by law, shall transmit one copy of each of said reports to the Library of each .State and Territory, one copy to the Congressional Library, one copy to the New Castle County Law Library, one copy to the University of Delaware, one copy to the Historical Society of the State of Delaware, one copy to the Library of the Municipal Court of the City of Wilmington, and one copy to the Court of Common Pleas for New Castle County. Approved March 7, 1947. 89 90 CHAPTER 61 MOTOR VEHICLES PENALTIES FOR VIOLATIONS OF CERTAIN PROVISIONS AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF MOTOR VEHICLE LAWS. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That 5680. Sec. 142 of Chapter 165 of the Re-vised Code of Delaware, 1935, as amended, be and the Same is hereby amended by repealing all of said Section and substituting therefor the following: 5680. Sec. 142. Penalty for Violations of Provisions of Sections 83 to 103 Inclusive, 105, 106, 107 (b), 108, 110, 114 to 117 Inclusive, 119 to 123 Inclusive, 132, 133, 138 and 139: Every person convicted of a misdemeanor for a violation of any of the provisions of Sections 83 to 103 inclusive, 105, 106, 107 (b), 108, 110, 114 to 117 inclusive, 119 to 123 inclusive, 132, 133, 138 and 139 of this Chapter shall be punished for the first offense by a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00), or imprisonment for not less than ten (10) days nor more than thirty (30) days, or both such fine and imprisonment ; and for each subsequent like offense shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), or by imprisonment for not less than fifteen (15) days nor more than thirty (30) days, or both such fine and imprisonment; provided, however, that all second offenses under Sections 83 to 103 inclusive, 105, 106, and 117, before being punishable as such shall have been committed within twelve (12) months after the commission of the first offense. Approved March 17, 1947. CHAPTER 62 MOTOR VEHICLES DUTY OF DRIVERS TO STOP AT SCENE OF ACCIDENT AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO THE DUTY OF DRIVERS OF MOTOR VEHICLES TO STOP AT THE SCENCE OF AN ACCIDENT. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That 5645. Sec. 107 of Chapter |
| Date Digital | 2010 |
| CONTENTdm file name | 3050.cpd |
Description
| Title | Laws of the State of Delaware - Volume 46 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND FOURTEENTH SESSION OF THE. GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER On Tuesday, January 7, A. D. 1947 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA, THE ONE HUNDRED AND SEVENTY- FIRST VOLUME XLVI Printed by Milford Chronicle Publishing Company Milford, Delaware |
| CONTENTdm file name | 30343.pdfpage |
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