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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND SIXTEENTH
SESSION OF THE GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
ON TUESDAY, JANUARY 2, A. D. 1951
AND
IN THE YEAR OF THE INDEPENDENCE OF THE
UNITED STATES OF AMERICA
THE ONE HUNDRED AND SEVENTY- FIFTH
VOLUME XLVIH
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 48 |
| Description | Laws of the State of Delaware |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND SIXTEENTH SESSION OF THE GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER ON TUESDAY, JANUARY 2, A. D. 1951 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA THE ONE HUNDRED AND SEVENTY-FIFTH VOLUME XLVIH I CHAPTER 1 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, 1951 and ending June 30, 1953. Two Thousand Dollars ($2,000.00) of said sum shall be paid within three months after July 1, 1951 and a like sum of Two Thousand Dollars ($2,000.00) shall be paid within three months after July 1, 1952, to the duly elected Finance Officer of the American Legion, 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 otherwise appropriated. Approved February 5, 1951. LAWS OF DELAWARE 3 4 CHAP= 2 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 Vet-erans of Foreign Wars, Department of Delaware, for operation expenses for the biennium beginning July 1, 1951 and ending June 30, 1953. Fifteen Hundred Dollars ($1,500.00) of said sum shall be paid within three months after July 1, 1951 and a like sum of Fifteen Hundred Dollars ($1,500.00) shall be paid within three months after July 1, 1952, 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 February 5, 1951. CHAPTER 3 SUSSEX COUNTY LEVY COURT AUTHORIZING APPROPRIATION TO MILTON FIRE COMPANY AN ACT AUTHORIZING THE LEVY COURT OF SUSSEX COUNTY TO APPROPRIATE COUNTY MONIES TO THE MILTON VOLUNTEER FIRE COMPANY FOR THE MAINTENANCE OF AN AMBULANCE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. The Levy Court of Sussex County shall and is hereby authorized and directed to appropriate the sum of Five Hundred Dollars ($500.00) annually to the Milton Volunteer Fire Company to be used in the maintenance of its Ambulance. The said sum of Five Hundred Dollars ($500.00) shall be paid by the Levy Court of Sussex County to the said Milton Volunteer Fire Company on the first day of June of each year. Approved February 5, 1951. 5 CHAPTER 4 LEVY COURT OF KENT COUNTY AUTHORIZING APPROPRIATION TO HARTLY FIRE COMPANY AN ACT AUTHORIZING THE LEVY COURT OF KENT COUNTY TO. APPROPRIATE COUNTY MONIES TO THE HARTLY VOLUNTEER FIRE COMPANY FOR THE MAINTENANCE OF AN AMBULANCE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. The Levy Court of Kent County shall and is hereby authorized and directed to appropriate the sum of Five Hundred Dollars ($500.00) annually to the Hartly Volunteer Fire Company to be used in the maintenance of its ambulance. The said sum of Five Hundred Dollars ($500.00) shall be paid by the Levy Court of Kent County to the said Hartly Vol-unteer Fire Company on the first day of May of each year. Approved February 5, 1951. CHAPTER 5 LEVY COURT OF KENT COUNTY AUTHORIZING APPROPRIATION TO HARRISON POST, AMERICAN LEGION AN ACT AUTHORIZING THE LEVY COURT OF KENT COUNTY TO APPROPRIATE COUNTY MONIES TO DAVID C. HARRISON POST NO. 14, INC., AMERICAN LEGION, FOR THE MAINTENANCE OF AN AMBU-LANCE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. The Levy Court of Kent County shall and is hereby authorized and directed to appropriate the sum of Five Hundred Dollars ($500.00) annually to David C. Harrison Post No. 14, Inc., American Legion, to be used in the maintenance of its ambulance. The said sum of Five Hundred Dollars ($500.00) shall be paid by the Levy Court of Kent County to the said David C. Harrison Post No. 14, Inc., American Legion, on the first day of May of each year. Approved February 5, 1951. 7 8 CHAPTER 6 APPROPRIATION DISABLED VETERANS OF DELAWARE AN ACT APPROPRIATING MONEY TO THE DISABLED AMERICAN VETERANS 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 One Thousand ($1,000.00) Dollars be and the same is hereby appropriated to the Disabled American Veterans of Delaware for operation expenses for the biennium beginning July 1, 1951 and ending June 30, 1953. Five Hundred ($500.00) Dollars of said sum shall be paid within three months after July 1, 1951 and a like sum of Five Hundred ($500.00) Dollars shall be paid within three months after July 1, 1952 to the service officer. 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 February 13, 1951. 9 CHAPTER 7 APPROPRIATION EDUCATION AND TRAINING OF CHILDREN OF VETERANS OF WORLD WAR I AND WORLD WAR II AN ACT APPROPRIATING MONIES FOR EDUCATION AND TRAINING OF CHILDREN OF VETERANS OF WORLD WAR I AND WORLD WAR H 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 personnel, 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 War I or World War II, for the biennium begin-ning July 1, 1951 and ending June 30, 1953. Three Thousand Dollars ($3,000.00) of said sum is hereby appropriated for the year beginning July 1, 1951 and ending June 30, 1952, and Three Thousand Dollars ($3,000.00) of said sum is hereby appropriated for the year beginning July 1, 1952 and ending June 30, 1953. 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 this Act, consisting of a course of not more than four years, and arriving at the age of twenty-one (21) years before the com-pletion 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 Five Hundred Dollars ($500.00) 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 fund 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 children 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 Five Hundred Dollars ($500.00) in any one year, and further provided that said incidental 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 13, 1951. 10 Chapter 7 CHAPTER 8 APPROPRIATION AMERICAN LEGION AND VETERANS OF FOREIGN WARS FOR FURNISHING OF SERVICES TO VETERANS AND THEIR DEPENDENTS AN ACT MAKING APPROPRIATIONS TO THE AMERICAN LEGION, DEPARTMENT OF DELAWARE AND THE VETERANS OF FOREIGN WARS, DEPARTMENT OF DELAWARE, FOR THE FURNISHING OF SERVICES TO VETERANS AND THEIR DEPENDENTS BY THE DULY CONSTITUTED DEPARTMENT SERVICE OFFICERS OF SAID ORGANIZATIONS. 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 Twelve Thousand Dollars ($12,000.00) be and the same is hereby appropriated, Three Thousand Dollars ($3,000.00) to the American Legion, Depart-ment of Delaware, and Three Thousand Dollars ($3,000.00) to the Veterans of Foreign Wars, Department of Delaware, for each of the fiscal years beginning July 1, 1951 and July 1, 1952. The amounts hereby appropriated shall be paid to the duly elected finance officers of the organizations named within three months after the beginning of the fiscal years named aforesaid, the warrants for such sums to be signed by the respective finance officers of the organizations named and approved by the Auditor of Accounts. Section 2. Purposes For Which Appropriation Used: The funds hereby appropriated shall be used by the respective organ-izations named to furnish services through duly selected service officers to Veterans of the Armed Forces of the United States. The services mentioned in the preceding paragraph shall include the handling of claims as claims attorney and as a re-search specialist, any and all claims that any veteran or his dependents may have against the Federal Government of the 11 12 Chapter 8 United States of America as the result of service during a time of national emergency or in peace time. The services provided for by the Act shall include services by said service officers as contact agents for all Veterans for employment and rehabilitation; assistance in procurement of State burial allowances; the procurement and assignment of attorneys to assist deserving Veterans in civil court cases and to act as an intermediary to procure assistance, financial or otherwise, from State or private welfare organizations. Section 3. The two organizations herein named and to which appropriations are hereby made shall ,each, through their respective service officers, present at the beginning of each bien-nial session of the General Assembly of the State of Delaware, a report to the Governor of the State and to the presiding officers of both branches of the General Assembly, concerning the accom-plishments during the preceding biennium and also a detailed statement as to the expenditure of the appropriations hereby made. Section 4. 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 13, 1951. CHAPTER 9 APPROPRIATION JOHN M. CLAYTON SCHOOL DISTRICT DEBT SERVICE ACCOUNT AN ACT TO AUTHORIZE AND DIRECT THE STATE TREAS-URER TO HONOR CERTAIN PAYMENTS FROM THE DEBT SERVICE ACCOUNT OF THE JOHN M. CLAYTON SCHOOL DISTRICT FOR CURRENT EXPENSES OF SAID SCHOOL DISTRICT. WHEREAS, The John M. Clayton School District has paid in full its Debt Service; and WHEREAS, There remains in the Debt Service Account of the John M. Clayton School District after all of the debt service was paid the sum of $2,747.69; and WHEREAS, the voters of the John M. Clayton School Dis-trict at a referendum voted to continue the old debt service tax for current expense of said school district; 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 State Treasurer of the State of Dela-ware be, and he is hereby authorized and directed to honor up to the sum of $2,747.69 expenditures from the debt service account of the John M. Clayton School District for current expenses of said School District. Section 2. That the said sum so granted, as provided for in Section 1 hereof, shall be used by said School District for current expenses of said School District and shall be paid by the State Treasurer from time to time upon warrants drawn on said fund by the proper officers of the John M. Clayton School District. Approved February 19, 1951. 13 14 CHAPTER 10 APPROPRIATION SELBYVILLE SCHOOL DISTRICT NO. 32 DEBT SERVICE ACCOUNT AN ACT TO AUTHORIZE AND DIRECT THE STATE TREAS-URER TO HONOR CERTAIN PAYMENTS FROM THE DEBT SERVICE ACCOUNT OF THE SELBYVILLE SCHOOL DISTRICT NO. 32 FOR CURRENT EXPENSES OF SAID SCHOOL DISTRICT. WHEREAS, The Selbyville School District No. 32 has paid in full its Debt Service; and WHEREAS, There remains in the Debt Service Account of the Selbyville School District No. 32 after all of the debt service was paid the sum of $1,552.42. 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 of the State of Dela-ware be, and he is hereby authorized and directed to honor up to the sum of $1,552.42 expenditures from the debt service account of the Selbyville School District No. 32 for current expenses of said School District. Section 2. That the said sum so granted, as provided for in Section 1 hereof, shall be used by said School District for current expenses of said School District and shall be paid by the State Treasurer from time to time upon warrants drawn on said fund by the proper officers of the Selbyville School District No. 32. Approved February 19, 1951. CHAPTER 11 APPROPRIATION FIRE COMPANIES AN ACT APPROPRIATING MONEY TO CERTAIN FIRE COMPANIES IN THE STATE OF DELAWARE WHICH MAINTAIN AND OPERATE AN AMBULANCE. 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 to each and every Fire Company in the State of Delaware, outside the limits of the City of Wilmington, which does on the first day of June, A. D. 1951, maintain and operate and does continue to maintain and operate an ambulance for the purpose of public service, there is hereby appropriated the sum of Five Hundred Dollars ($500.00) annually for each of the fiscal years beginning July 1, 1951, and beginning July 1, 1952, to be used for the maintenance and operation of said ambulance in the public service. The said sum of Five Hundred Dollars ($500.00) shall be paid by the State Treasurer to each of the said Fire Companies maintaining and operating an ambulance in the public service within three months after the beginning of each of said fiscal years; and a certificate of the Secretary of Delaware Volunteer Firemen's Association to the effect that a Fire Company did on the first day of June A. D. 1951, and does continue to maintain and operate an ambulance in the public service shall be sufficient authority for the payment of said sum of Five Hundred Dollars ($500.00) by the State Treasurer to said Fire Company. Section 2. This Act shall be known as a Supplementary Appropriation Act and the funds hereby appropriated by Section 1 of this Act shall be paid out of the General Fund of the State Treasury not otherwise appropriated. Approved February 19, 1951. 15 16 CHAPTER 12 APPROPRIATION LAYTON HOME FOR AGED COLORED AN ACT APPROPRIATING MONEY TO LAYTON HOME FOR AGED COLORED PERSONS. 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 Five Thousand Six Hundred Dollars ($5,600.00) be and the same is hereby appropriated to the Layton Home for Aged Colored Persons for the care and maintenance of old age colored persons for operation expenses for the biennium beginning July 1, 1951 and ending June 30, 1953. Two Thousand Eight Hundred Dollars ($2,800.00) of said sum shall be paid within three months after July 1, 1951 and a like sum of Two Thousand Eight Hundred Dollars ($2,800.00) shall be paid within three months after July 1, 1952. 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 February 19, 1951. CHAPTER 13 LEWES EXTENDING POWER OF BOARD OF PUBLIC WORKS AN ACT TO AMEND CHAPTER 196, VOLUME 22, PART ONE, LAWS OF DELAWARE, BEING AN ACT ESTAB-LISIHNO A BOARD OF PUBLIC WORKS FOR THE TOWN OF LEWES AND DEFINING ITS POWERS, BY EXTENDING TO THE SAID BOARD OF PUBLIC WORKS THE AUTHORITY TO PURCHASE AND HAVE HOUSED AND INSTALLED CERTAIN MACHINERY FOR THE ELECTRIC LIGHT AND POWER PLANT AT LEWES ON CONDITIONAL SALES CONTRACTS, AND TO PLEDGE THE REVENUES FROM THE UTILITY FOR THE PAY-MENT OF THE COST THEREOF. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of each branch thereof concurring therein): Section 1. That Section "3" of Chapter 196, Volume 22, Laws of Delaware, be, and the same is hereby, amended by add-ing at the end of the aforesaid section the following language: 3 (d). The said Board of Public Works is hereby authorized and empowered at any time in the year 1951, but not thereafter, to purchase such machinery and equipment as it deems presently necessary for the maintenance, replacement, enlargement, altera-tion, repair, or improvement of the municipal electric light and power plant, at Lewes, and cause the same to be properly housed and installed, either paying for the same at the time of the pur-chase, or making the purchases by way of what are known as "contracts of conditional sale" of a maximum of Three Hundred Twenty-Five Thousand Dollars ($325,000.00), giving the sellers the right of repossession, and, further, in the said contracts, or in notes, revenue certificates, or other evidence of debt accom-panying the same, the right to collect the purchase price for the said machinery or equipment, together with interest thereon at the agreed rate, by resort to the net revenues from the said utility, but the said contracts of conditional sale and other obliga- 17 18 Chapter 13 tions made in connection therewith shall not constitute a pledge of the faith and credit of the municipality nor be deemed as a general obligation. 3 (e). That the right of the conditional vendor to repossess machinery and equipment under the contracts of conditional sale above authorized shall continue for the entire term covered by the installment payments called for in the contract and thirty days thereafter, notwithstanding any statute or statutes of limitations which might have terminated that right earlier if this sub-section had not been enacted. Approved February 28, 1951. CHAPTER 14 GENERAL PROVISIONS RESPECTING POLICE OLEOMARGARINE AN ACT TO AMEND ARTICLE 27 OF CHAPTER 100 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO PURE FOOD, BY PRESCRIBING THE TERMS AND CON-DITIONS UPON WHICH OLEOMARGARINE, EITHER WHITE OR YELLOW IN COLOR, MAY BE MANUFAC-TURED, SOLD, SERVED IN EATING HOUSES, AND DISPLAYED FOR SALE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Article 27 of Chapter 100 of the Revised Code of Delaware, 1935, relating to Pure Food, be and the same hereby is amended by repealing the whole of 4007, Sec. 112 of said Article and Chapter and by inserting in lieu thereof the following to be known as 4007, Sec. 112: 4007. Sec. 112. OLEOMARGARINE; MANUFACTURE OR SALE OF IMITATION OF BUTTER UNLAWFUL; REGULA-TIONS; VIOLATION A MISDEMEANOR; PENALTY:No person, by himself or his agents or servants, shall render or manufacture, sell, offer for sale, expose for sale or have in his possession with intent to sell, any article, product, or compound made wholly or partly out of any fat, oil or oleagin-ous substance, or compound thereof, not produced from unadul-terated milk, or cream from the same, which shall be in imitation of yellow butter produced from pure unadulterated milk or cream from the same; PROVIDED, that nothing in Sections 112 to 114, inclusive, shall be construed to prohibit the manu-facture or sale of oleomargarine, whether yellow or white, in a separate and distinct form in such manner as will advise the consumer of its real character. No oleomargarine shall be sold in open tubs or containers. Every retail dealer in oleomargarine shall exhibit, in conjunction with any display of packaged oleo-margarine being offered for sale, a placard with the word "oleomargarine" in plain uncondensed Gothic letters not less 19 20 Chapter 14 than one inch high. No package of oleomargarine shall contain the word "butter" or any imitation or simulation thereof, or any picture or reproduction of a cow, or any name or simulation of the name of any dairy breed of cattle, or any name or term normally used in the dairy industry. No owner or proprietor of any public eating place shall serve yellow oleomargarine unless a notice that oleomargarine is served, is displayed prominently on the menu or on a placard in clear view of all customers. As used in this act the term "oleomargarine" shall be deemed appli-cable to the food product known as "margarine" and any require-ment herein contained for labeling or display of the word "oleo-margarine" shall be deemed sufficiently complied with by the use of the word "margarine." If any person shall violate any pro-vision of this section he shall be deemed guilty of a misdemeanor and shall be punishable in the Court of General Sessions as provided in this Article. Approved March 8, 1951. 21 CHAPTER 15 APPROPRIATION PALMER HOME, INCORPORATED 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 Howse thereof concurring therein): Section 1. That the sum of Eight Thousand Seven Hundred Dollars ($8,700.00) be and the same is hereby appropriated to Palmer Home, Incorporated, a corporation of the State of Dela-ware, for the care and maintenance of old age persons at the Old Folk's Home at Dover, and for operation for the biennium begin-ning July 1, 1951 and ending June 30, 1953., Four Thousand Three Hundred and Fifty Dollars ($4,350.00) of said sum shall be paid within three months after July 1, 1951 and a like sum of Four Thousand Three Hundred and Fifty Dol-lars ($4,350.00) shall be paid within three months after July 1, 1952; 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 9, 1951. 22 CHAPTER 16 APPROPRIATION KENT AND SUSSEX FAIR, INCORPORATED PRIZES 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 Ten Thousand ($10,000.00) Dollars is hereby appropriated out of the Treasury of the State of Delaware to the "Kent and Sussex County Fair, Incorporated" a corporation of the State of Delaware, for the fiscal year begin-ning July 1, 1951 and ending June 30, 1952, and a like sum of Ten Thousand Dollars ($10,000.00) for the fiscal year beginning July 1, 1952 and ending June 30, 1953. Said appropriation shall be used and expended only for prizes for meritorious achieve-ments 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 appointed with-in ten days after this Act beeomes effective, one member of which shall be named by the Governor from the personnel 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 item-ized 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 Chapter 16 23 to be due for prizes by said itemized list; provided, however, said sum shall not exceed Ten Thousand Dollars ($10,000.00) for each of said years and should said sum be less than the amount appro-priated by this Act, then the unused balance shall each year remain in and revert to the State Treasury and shall in no case be paid to said corporation. Section 2. That this Act shall be known as a Supplemen-tary Appropriation Act and the money hereby appropriated shall be paid out of the General Funds of the State Treasury not otherwise appropriated. Approved March 9, 1951. 24 CHAPTER 17 OCCUPATIONAL LICENSES REDEFINING FINANCE ACCEPTOR AN ACT TO AMEND CHAPTER 14, VOLUME 41, LAWS OF DELAWARE, 1937, RELATING TO OCCUPATIONAL LICENSES BY REDEFINING FINANCE ACCEPTOR. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Section 5, 195. Sec. 161. of Chapter 14, Volume 41, Laws of Delaware, 1937, be and the same is hereby amended by striking out the paragraph thereof defining "Finance Acceptor" and by inserting in lieu thereof a new paragraph as follows: "Finance Acceptor, Twenty-five Dollars ($25.00). Finance Acceptor shall include every person engaged in the business of lending money on automobiles, radios and other articles of tangible personal property, the title to which is taken as security by the lender and repayments of the loans are made by installments or otherwise, but shall not include, either in reference to future or past transactions, banks or trust companies authorized to do banking business in Delaware under the provisions of Chapter 66, Revised Code of Delaware, 1935, as amended." Approved March 12, 1951. 25 CHAPTER 18 WILMINGTON FIVE DAY WORK WEEK FOR DEPARTMENT OF PUBLIC SAFETY AN ACT TO AMEND CHAPTER 78 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, AS IT RELATES TO MEMBERS AND EMPLOYEES OF THE DEPART-MENT OF PUBLIC SAFETY OF "THE MAYOR AND COUNCIL OF WILMINGTON" BY DESIGNATING A FIVE DAY WORK WEEK. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That 3321. Sec. 197. Chapter 78 of the Revised Code of Delaware, 1935, be, and the same is hereby amended by adding at the end thereof a new paragraph as follows: The work week of all members and employees of the Depart-ment of Public Safety of "The Mayor and Council of Wilmington" shall consist of five days. Section 2. This Act shall become effective on the First day of July, A. D. 1951. Section 3. That all Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed to the extent of such inconsistencies. Approved March 15, 1951. 26 CHAPTER 19 NEW CASTLE REINCORPORATING CITY OF NEW CASTLE AN ACT TO REINCORPORATE THE CITY OF NEW CASTLE AND TO REPEAL CHAPTER 216, VOLUME 27, LAWS OF DELAWARE. AS AMENDED, ENTITLED "AN ACT AMENDING, REVISING AND CONSOLIDATING THE CHARTER OF THE CITY OF NEW CASTLE" AND RE-PEALING CERTAIN OTHER ACTS CONCERNING THE CITY OF NEW CASTLE INCONSISTENT HEREWITH RELATING TO THE BOARD OF EDUCATION, ELEC-TIONS, CITY CLERK, BOARD OF WATER AND LIGHT COMMISSIONERS, SEWERS AND DISPOSAL WORKS. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (with the concurrence of two-thirds of all the Members elected to each House of the General Assembly): Section 1. (a) The limits and bounds of the City of New Castle are hereby established and declared to be as follows: BEGINNING at a point in the center line of Delaware Street extended in a Southeasterly direction, being four hundred and sixty-four feet from the center stone at the intersection of the center lines of Front and Delaware Streets; thence in a South-westerly direction in a straight line to a point in the center line of South Street extended nine hundred and five feet from the center stone at the intersection of the center lines of South and Pearl Streets; thence in a Southwesterly direction in a straight line to a point in the center line of Johnson Street extended seven hundred and eighty-six feet from the center stone at the intersection of the center lines of Johnson and Fourth Streets; thence Northwesterly along the line of Johnson Street to low water mark; thence by the line of low water mark Southwesterly to the Northeasterly line of Hickman Street extended as laid out on the plot of the City of New Castle; thence Northwesterly along said Northwesterly line of Hickman Street to the Easterly line of the Hamburg or River Road; thence Northerly by the Easterly line of the Hamburg Road to the Northeasterly line of Taylor Chapter 19 27 Street, as laid out on the plot of the City of New Castle; thence Northwesterly by the Northeasterly line of Taylor Street to the line of the lands of New Castle Common, sometimes known as "The Commons"; and thence along the line of the said New Castle Commons first in a Southeasterly and then in a North-easterly direction to the Southerly line of the New Castle and French Town Turnpike; thence Easterly along the Southerly line of said Turnpike to the Southeasterly line of the continuation of Fourteenth Street extended as laid out on the plot of the City of New Castle; thence Northeasterly by the said Southeasterly line of Fourteenth Street to the intersection of said Fourteenth Street with the Northwesterly line of the right-of-way of the Delaware Railroad Company; thence Northerly along said Northwesterly line of said railroad right-of-way to the intersection of the center line of the main canal or ditch known as the Narrow Dyke; thence Easterly by the center line of said Narrow Dyke to the line between the farm of the heirs of Julian D. Janiver, and the farm of the heirs of Victor duPont; thence following said dividing line between said farms to the Southwesterly side of the public road known as Moore Avenue; thence Southeasterly by the Southwesterly side of said Moore Avenue to the Northeasterly line of the tract known as "Bakiton"; thence Northeasterly and crossing Moore Avenue by the line of the said tract "Baldton" to the corner of said tract; thence Southeasterly by the North-easterly line of said tract "Baldton" and continuing the same crossing the public road leading from New Castle to Wilmington to the Easterly line of the said public road; thence Northerly by the Easterly line of the said public road leading from New Castle to Wilmington to the Northeastern line of School District number forty-six; thence Southeasterly by the Northeasterly line of School District number forty-six to low water mark on the Dela-ware River; thence Southwesterly by the said line of low water mark to North Street extended as laid out on the plot of the City of New Castle; thence Southeasterly along North Street extended to a point seven hundred and nine feet from the center stone at the intersection of the center lines of Market (or Second) and North Streets; thence Southwesterly in a straight line to a point in the center line of Chestnut Street extended eight hundred and twelve feet six inches from the center stone at the intersection of the center lines Chestnut and Market (or Second) Streets; thence Southwesterly in a straight line to the East Corner of the rectangular pier off Truss (or Harmony Street) wharf; 28 Chapter 19 thence along the outer face of said pier to the Southwest corner of the same; thence Southwesterly in a straight line to the South corner of Jefferson's (or Lea's) wharf; thence in a straight line to a point in the center line of Delaware Street, the place of BEGINNING. (b) The City Council may, at any time hereafter, cause a survey and plot to be made of said City. The said plot or any supplement thereto, shall be approved by the City Council, signed by the Mayor, who shall affix thereto the municipal corporate seal, attested by the Secretary of the Council, and shall be re-corded in the Office of the Recorder of Deeds of the State of Delaware, in and for New Castle County. The said plot or supple-ment thereto, or the record thereof, or a duly certified copy of said record, shall be evidence in all Courts of Law and Equity of this State. Section 2.(a) The inhabitants of the City of New Castle within the limits and boundaries referred to in Section 1 of this Charter, or within the limits and boundaries of said City as the same may hereafter be established, shall continue to be a body politic and corporate by the name, style and title of "The Mayor and Council of New Castle" and under that name shall have perpetual succession; may have and use a corporate seal; may sue and be sued; may hold and acquire by purchase, gift, devise, lease or condemnation, real property and personal property within or without its boundaries for any municipal purpose, in fee simple or lesser estate or interest, and may sell, lease, hold, man-age, and control such property as its interests may require; and shall have all other powers and functions requisite or appropriate for the government of the City, its peace and order, its sanita-tion, appearance and beauty, the health, safety, convenience, comfort and well-being of its population, and the protection and preservation of property, public and private; may appoint such officers and agents as shall be deemed necessary or convenient for the management of the affairs of the City and may fix and determine the compensation of such officers and agents. (b) All actions, suits and proceedings shall be brought in the name of "The Mayor and Council of New Castle." (c) The enumeration of particular powers by this Charter Chapter 19 29 shall not be held to be exclusive, or to restrict, in any way, the general powers conferred herein; but, in addition to the powers enumerated herein, implied thereby, or appropriate to the exer-cise thereof, it is intended that the Mayor and Council of New Castle shall have and may exercise all powers which, under the Constitution of the State of Delaware, it shall be competent for this Charter specifically to enumerate. All powers of The Mayor and Council of New Castle, whether expressed or implied, shall be exercised as prescribed by this Charter, or, if the procedure, or a mode of exercise, be not prescribed herein, such power or powers shall be exercised by ordinance or resolution of The Mayor and Council of New Castle. Section 3.(a) The government of the City and the exer-cise of all powers conferred by this Charter, except as otherwise provided herein, shall be vested in a City Council. Section 4.(a) The City Council shall be the executive and legislative body of the City and shall be composed of the Mayor and four Members of Council, each of whom shall be above the age of twenty-one years, a freeholder resident of the City at the time of his election and during his term of office, and shall have resided within the limits of the City for the two years next preceding his election. If the Mayor or any Member of Council shall cease to be a freeholder resident of the City during his term of office, his cessation to be such shall, ipso facto, vacate his office. At the first election to be held under this Char-ter on the 10th day of April, A. D. 1951, four Members of Council shall be elected of whom the two securing the greatest number of votes shall have a four year term ending with the second suc-ceeding biennial city election and the other two of whom shall have a two year term ending with the next succeeding biennial city election; at every biennial city election held thereafter in accordance with the provisions of Section 6 of this Charter, two members of council shall be elected for the full term of four years each to fill the vacancies caused by expiration of term in the offices of Members of Council. (b) The Mayor shall be elected at the first election held under this Charter for a term ending at the next succeeding bien-nial city election and thereafter at each biennial city election held 30 Chapter 19 under the provisions of Section 6 of this Charter for a term of two years. No one shall be eligible to be elected as Mayor or Members of Council who has not filed as a candidate therefor, as hereinafter provided. In the case of a vacancy created in any office of Mayor or Member of Council by death, resignation, loss of residence in the City, other disqualifying event, or otherwise, the City Council shall fill such vacancy for the unexpired term. In all elections for the offices of Mayor and Members of Council, the candidates seeking election to such offices shall run at large in all wards of the City. The Mayor and Members of Council shall serve as such for their designated terms and until their successors are duly elected and qualified. The Mayor shall preside at all meetings of the City Council. City Council shall designate one of its members to act as Mayor in the Mayor's absence, except as otherwise herein provided. Section 5.(a) Any person desiring to become a candi-date for the office of Mayor or Member of Council shall file with the Secretary of the City Council his name, designating the office for which he seeks to become a candidate at least two weeks before the date on which a municipal election is scheduled to be held, and shall, at the same time, deposit with the said Secretary the sum of Ten Dollars ($10.00) as a filing fee for use in defray-ing City Council's expenses of said election. Section 6. (a) Biennial municipal elections shall be held on the second Tuesday of April in each year after the General Election for the purpose of electing a Mayor and Members of Council for the terms of office set forth in Section 4 of this Charter. Chapter 19 31 For the purpose of holding such election, the City of New Castle shall be divided into wards corresponding in number and boundaries with the election districts laid out under the general election laws of the State of Delaware. Each ward shall have one voting place for said election. The election in each district shall be held under the supervision of an Election Board which shall consist of one (1) Inspector and two (2) Judges of Election. No more than a majority of such Board shall be of the same political party. The Inspector and Judges of Election shall be qualified voters of the City of New Castle and residents of the ward in which they are appointed to serve. Such Boards shall be appointed by the City Council in open meeting at least two weeks before the date for holding such election. Before entering upon their duties, the members of the Election Boards shall swear and subscribe to the following oath before any person authorized by law to ad-minister oaths: , a resident of the ward of the City of New Castle, and a person qualified to vote at the municipal election of said City to be held on the day of , A. D , do hereby solemnly swear (or affirm)that I will truly and impartially conduct said municipal election in said ward in accordance with law, and that I will cause a true return of said election to be made. Sworn to (or affirmed) and subscribed before me, the undersigned, an officer authorized by law to administer oaths, this day of A.D. (Title) Members of the Election Boards shall be Judges of the Election within their respective wards and shall decide upon the legality of the votes offered. The Election Board shall keep a true and accurate list of all voters voting. It shall have the authority to subpoena persons, and officers of the City and any books, records and papers relative to the determination of the validity of any votes or vote offered. The Election Boards shall 32 Chapter 19 keep a true and accurate list of persons voting and those offering to vote but refused the right to do so. If a majority of an Election Board is of the opinion that a person offering to vote is not quali-fied so to do, the Election Board shall receive the vote of such person but not count it and shall thereafter return it in a separate package to the City Council with the name of the person who sought to vote such ballot. So far as the same shall not be incon-sistent with this Charter, Inspectors and Judges of Election of the City of New Castle shall have the same powers and authority conferred upon Inspectors and Judges of Election under the General Election Laws of the State of Delaware. The City Council shall determine the places for holding said election in the several wards and shall give notice of the time and places of holding said election by posting notice thereof in at least three of the most public places in each of the wards of the City at least a week before the day on which said election is to be held, and by publishing notice thereof one time at least a week in advance of said day in a newspaper having general circulation in the City of New Castle. On the day of election the Election Boards shall open the polls at 1:00 o'clock in the after-noon and close the same at 7:00 o'clock in the evening. Upon the closing of the polls as aforesaid, the Members of the Election Boards shall publicly read and count the votes cast and shall certify the result of the canvass of the election to the City Council showing the number of votes cast for each candidate whose name appears on the ballot. At any municipal election of the City of New Castle every person, male or female, above the age of twenty-one years, who shall have been a resident of the State of Delaware for one year next preceding said election, and who shall have been a resident of the City of New Castle for the three months next preceding said election, shall be entitled to vote in the ward in which he or she resides at the time of said election; provided, however, that no person shall vote whose name does not appear upon the last list of registered voters in the City of New Castle as hereinafter provided. No one voter shall be permitted to vote for more candidates than there are offices to be filled at said election. In voting, the name of the candidate or candidates for whom such voter does not desire to vote shall be crossed out on Chapter 19 the ballot voted. If any ballot be defaced or bear any identifying mark, or if the person voting has attempted to vote for more candidates than there are offices to be filled at said election, said ballot shall not be counted for any candidate for office. Provided, however, that qualifications for voters at the first biennial elec-tion held hereunder shall be as provided by Chapter 216, Vol. 27, Laws of Delaware and any person who would have been entitled to vote had this Charter not been enacted, shall be entitled to vote in said first biennial election held hereunder. (h) The Bureau of Registration of New Castle County shall furnish to the registration officers for the several districts of New Castle Hundred in the year of any General Election, when it furnishes the registration books as now provided by law, two separate and similar books in which the said registration officers shall register all persons who are entitled to be registered who reside in the City of New Castle. One of these registration books for the City of New Castle shall be returned by the registration officers of New Castle Hundred to the Bureau of Registration of New Castle County as the other registration books are return-able, and the other registration book shall be returned to the Secretary of the City Council within thirty days after the last day of registration. The registration officers shall be under the same regulations and liabilities for the registration of the citizens of the City of New Castle as for the general registration for the Hundred. The City Council shall sit as a Board of Registration the third and fourth Tuesday and Wednesday evenings of March of each year in which a city election is to be held, between the hours of seven and nine o'clock for the purpose of adding to the said list of registered voters any unregistered person who shall apply and who shall have, since the last preceding general regis-tration, become qualified as a voter at the City election, and to transfer those registered voters who have moved from one ward to another, and the Secretary of City Council shall place the names of voters so registered or transferred by the Council on the books of registered voters for the several wards. The said registration books so turned over to the Council of New Castle, with the additions and transfers made by the Council as above provided for, shall in every year of election under this Charter be turned over by the Secretary of the City Council on the day of such election to the Election Boards appointed to hold such election. 34 Chapter 19 All ballots cast and all records of the election together with ballot boxes and all unused supplies shall be delivered by the Election Boards to the Secretary of the City Council who shall keep them safely and produce them before the City Council at its next succeeding meeting after the election. The Members of the Election Boards shall make out and sign four certificates of election showing the total vote cast for all candidates at said election. One such certificate shall be placed in the ballot box and returned with it to the Secretary of the City Council as aforesaid and the three Members of the Elec-tion Boards shall each retain one of said certificates. On the evening following any such election, the City Council shall meet at 8:00 o'clock for the purpose of canvassing said election. All members of the Election Boards shall appear before it at that time and present the certificates of election re-tained by them. The City Council shall canvass the vote in all wards and after ascertaining which candidates have received the greatest number of votes and have been thereby elected to the various offices, shall make out and sign certificates of election to the successful candidates. The Secretary of City Council shall deliver said certificates to the successful candidates. (1) The City Council shall supply to the Election Boards all ballots, ballot boxes, paper, pens, oaths, certificates, and other supplies necessary for conducting said election. All ballots shall be printed and contain the names of all persons who have filed as candidates as hereinbefore provided, together with the desig-nation of the office for which he is a candidate. The names of all candidates for the same office shall be listed on the ballot in alphabetical order. In the event of a tie vote for election to any office, the City Council by a majority of all its members shall determine the tie. The pay for Inspector or Judge of any municipal elec-tion shall be ten dollars ($10.00) to be paid out of City funds. All expenses of said elections, including rental for polling places shall be paid out of City funds. Chapter 19 35 Section 7.(a) As soon as conveniently may be after the delivery to him of his certificate of election by the Secretary of the City Council, the Mayor elect shall take and subscribe on the back of his said certificate of election before an officer authorized to administer oaths in the State of Delaware, an oath or affirma-tion that he will support the Constitution of the United States, the Constitution of the State of Delaware, and that he will per-form the duties of his office with fidelity, and thereupon he shall enter upon the duties of the office of Mayor. Upon the Tuesday evening next following said election, or as soon thereafter as may be convenient the Mayor and Mem-bers of Council, including newly elected Members of Council, shall convene in the Council Chamber at 8:00 o'clock in said evening for the purpose of organizing and transacting such busi-ness as may properly come before the City Council. The newly elected Members of Council shall present their certificates of election to the Mayor, who shall thereupon administer to said newly elected Members of Council an oath or affirmation similar to the one taken by the Mayor. The oath shall be subscribed on the back of said certificates of election. The Secretary of City Council shall enter the certificates of election of the Mayor and Members of Council together with their oaths taken and sub-scribed at large in the Journal of City Council and shall there-after return said certificates of election. Upon the taking of the proper oaths, the City Council shall be deemed to have been organized and shall proceed to the transaction of any business which may properly come before it. The said meeting of the Mayor, holdover Members of Council, and newly elected Members of Council shall be called or known as the biennial meeting. Thereafter, City Council shall hold regular meetings on the first Tuesday in each month. Special meetings shall be called by the Secretary of City Council upon the request of the Mayor, or upon the written request of any two Members of Council. The notice of the call of a Special Meeting shall state the day, hour and place of the special meeting and the nature of the business to be brought 36 Chapter 19 before it. At least two days' notice of any special meeting shall be given. Any business that could be transacted at any regular meeting may be acted upon at a special meeting. The City Manager of the City of New Castle shall act as Secretary of City Council and shall perform all duties incident to such office without any additional compensation therefor. All meetings of City Council shall be public. At any regular or special meeting, a majority of Members of City Council shall be a quorum to do business, but a less number may adjourn said meetings from time to time. At all meetings of City Council the Mayor and each Member of Council shall have one vote each. Except as hereinafter provided, no ordinance, resolution, or order shall be deemed to have been enacted until it shall have received the affirmative vote of a majority of all members of the City Council. The receipt of such affirmative majority vote shall enact such ordinance, resolution or order. The City Council shall determine its rules and order of business. The Secretary shall keep a Journal of its proceedings. The yeas and nays of the individual members shall be taken upon the passing of every ordinance, and shall be entered in the Jour-nal together with the full text of the ordinance. No member of the City Council shall be excused from voting except on matters involving the consideration of his own official conduct, or when his financial interests are involved. The Secretary shall not have a vote on any matter coming before the City Council. Section 8.(a) The City Council is vested with the au-thority to adopt ordinances of every kind relating to any subject coming within the powers and functions of the City, or relating to the government of the City, its peace and order, its sanitation, appearance and beauty, the health, safety, convenience and com-fort of its population, and the protection and preservation of property, and to fix and impose and enforce the payment of fines and penalties for the violation of any such ordinance; pro- Chapter 19 37 vided that no fine or penalty shall exceed the sum of One Hun-dred Dollars ($100.00) and that no penalty of imprisonment shall exceed thirty (30) days in the New Castle County Work-house; and no provision in this Charter as to ordinances on any particular subject shall be deemed or held to be restrictive of the power to adopt ordinances on any subject not specifically enumerated. The City Council shall have power to define nuisances and cause their abatement. The City Council shall have power to adopt ordinances promoting, safeguarding and relating to the health of the popula-tion of the City, preventing the introduction or spread of infec-tion or contagious diseases, and abating nuisances detrimental to the public health. The powers given hereunder shall extend to the area outside the City Limits and within one mile from said limit. The City Council shall have power to adopt all meas-ures requisite or appropriate for protection against fire. To this end it may adopt ordinances prohibiting the use of building mate-rials that in its opinion would create a fire hazard, and may zone or district the City for fire protection purposes and make particu-lar provisions for particular zones or districts. This power shall embrace new buildings or additions to or alterations of existing structures of every kind. The City Council shall have power to condemn any building or structure or portion thereof, that it deems constitutes a fire menace and to require or cause the same to be torn down, removed or so altered as to eliminate the menace of fire. The City Council may adopt zoning ordinances limit-ing and restricting to specified .districts, and regulating therein, buildings and structures according to their construction and the nature and extent of their use. It may adopt ordinances prescribing the height and thickness of the walls of any building and the kind and grade of materials used in the construction thereof. It may provide for the issuance of building permits and forbid the construction of a 38 Chapter 19 new building or the addition to or alteration and repair of an existing building unless a building permit has been obtained therefor. The City Council shall have the right to grant or refuse franchises or licenses to public utilities and common carriers and fix the terms and conditions thereof and to regulate their use of the streets, lanes and alleys of the City. The City Council may by contract or otherwise direct or provide for the construction, regulation and maintenance of sewers, drains, gutters and other works for the drainage of the City and the disposition of sewage. It may by condemnation proceedings take for sewer purposes, private land, or the right to use private land under the surface thereof, for the laying of sewer mains. It shall have power to make all ordinances, rules and regulations regarding the sewer and sewer system of the City and the use thereof, and may fix fines and penalties for the violation of the provisions of such ordinances. It may require subject to the provisions of Section 9 (c) hereof, any property to be connected with the water and sewer mains and to compel the owner of such property to pay the cost of such connection and the tapping fee or charge therefor. The connecting with the water or sewer and the tapping thereof shall be under the con-trol of City Council. The City Council shall have power and authority to lay out, locate and open new streets, to widen and alter existing streets or parts thereof, and to vacate or abandon streets or parts thereof, whenever it shall deem it for the best interest of the City. It may by condemnation proceedings take over private land for the purposes herein specified. It shall have power to pave, fix the grade of, and improve all roads, streets, squares, parks, lanes and alleys in said City. The City Council shall have the power to direct and regulate the paving of foot ways and sidewalks, prescribe the width of the same and to direct and regulate the fixing and maintenance of curbs. It may prescribe the extent of steps, porches, cellar doors, awnings, other inlets to buildings, and any other obstruction on said footways and sidewalks. Chapter 19 (k) The City Council shall have the power to provide police protection and to pass such ordinances and make such regulations as may be necessary to protect persons and property and to maintain the public peace and prevent crime. (1) The City Council shall have the power to provide for supplying the City and its inhabitants with water and to provide for the acquisition or erection of such works and apparatus as may from time to time be necessary or convenient for the same. It shall have the power to provide for the lighting of the City Streets and public places and supplying the inhabitants with light, and to provide for the acquisition or erection of such works and apparatus as may from time to time be necessary or con-venient for the same. The City Council shall have the power to regulate public amusements, to regulate party walls, to regulate the mar-kets, to regulate the storage of explosives or dangerously com-bustible material and to prevent the running at large of any dog or other animal. The City Council shall have the power to levy and collect reasonable taxes upon all telephone, telegraph, electric light poles and other erections of like character, erected within the City of New Castle, and may by ordinance prescribe the mode of levying and collecting same. In case any of the owners or lessees of any such poles or erections within said City shall refuse or neglect to pay the taxes that may be levied upon such poles or erections, the City Council shall have authority to cause the same to be removed and may cause to be instituted suit to recover the amount of taxes so levied and the expenses incident to the removal of such poles or erections. The City Council shall have the power to levy and collect taxes in the manner hereinafter provided and to collect license fees annually of such various amount or amounts as it shall from time to time fix for the privilege of carrying on or practicing any business, profession or occupation within the limits of the City. (p) The City Council shall have the power to adopt a Chapter 19 health and sanitary code for the City and to provide by ordinance fines and penalties for its enforcement. The City Council shall have the power to provide for the incineration or other sanitary disposal of litter, debris, refuse, garbage and sewage. The City Council shall have the power to adopt ordi-nances regulating the parking of motor and other vehicles within the limits of the City. The City Council shall have the power to determine the salaries or compensation of all City officers and employees, except the salaries of the Mayor and Members of City Council who shall receive as compensation for their services the sum of One Hundred Dollars ($100.00) per year. The City Council in general shall exercise all powers necessary to the proper administration of the municipal govern-ment and for the well being of the City and the inhabitants thereof, whether expressly enumerated herein or not, not incon-sistent with the Constitution or Laws of this State. The City Council shall have the power to appoint such advisory commissions as may seem desirable in the creation, development, extension or operation of any utility, or other interest of said City. Such advisory commissions may be ap-pointed for such term as to said Council may seem expedient. Such advisory commission shall act in connection with the City Manager in said projects but shall have no authority to incur any indebtedness without the prior authorization of City Council. The City Council shall be authorized to enter into contracts for the construction, maintenance, sale or resale of water facilities and for supplying and distributing water through-out all of that territory included within three miles of the cor-porate limits of the City of New Castle. Section 9.(a) The City Council is authorized and em-powered to delegate to the City Manager the authority to fix, reset, renew and repair curb stones and gutters, to pave side-walks, cut gutters and keep them clean and to direct the con- Chapter 19 41 necting of any house or building accessible to a sewer or water main to connect such house or building with such sewer or water main. Whenever the City Council determines that any one or all of the matters of sub-section (a) of this section should be done with respect to any property in said City, it shall direct the City Manager to notify the owner or owners of such prop-erty to have the necessary work done. In the event such owner or owners shall not comply with such notice for the space of thirty days, or in the event the owner or owners of such property are unknown, the City Manager shall proceed to have the re-quired work done and the expenses thereof shall be a charge owed the City of New Castle, a lien on said property, and collec-tible in the same manner as taxes, assessments and other charges due the City. The City Council shall not require that any vacant lot be connected to any sewer or water main, or that any owner or owners of property, or any property bear the expense of paving any footway or sidewalk to a greater breadth than four feet from the curbstone. Nor shall the City Council require the installation of curbing, gutters or sidewalks on any rural prop-erty with said City limits which may be carried on the assess-ment list as "Suburban Land." Section 10.(a) In furtherance of the powers hereby granted under this Chapter to the Mayor and Council of New Castle, or any officer, department, or body of the same, the said, the Mayor and Council of New Castle, is hereby granted the power of Eminent Domain, or right of condemnation within the said city limits for the purpose of laying out, widening or vacat-ing streets; installing, altering or renewing sewer or water sys-tems; protecting the public health; establishing public parks; constructing wharves, docks and piers; and in general for public purposes benefiting the residents of the City of New Castle, the furtherance of which requires the acquisition of rights in land by the said City. Condemnation shall be accomplished by the Mayor and Council of New Castle as hereinafter provided. (b) Whenever the City Council shall determine it is neces-sary for the condemnation of any land or rights in land within 42 Chapter 19 the City of New Castle for any of the purposes set forth in sub-section (a) of this section, it shall by majority vote, adopt a resolution authorizing the condemnation of the desired land or rights in land describing it with particularity by metes and bounds and naming the owner or owners thereof if such be known, or stating that the owners thereof are unknown. The said resolution shall state the opinion of the City Council as to the value of each parcel sought to be condemned, and shall also state a day, hour and place when and where the City Council will sit to hear the objection, if any, of any owner or resident of the city to such condemnation; and to award just compensation to anyone who will be deprived of such property. A copy of such resolution shall be posted in five or more of the most public places in the city and on the land in question, and shall be pub-lished at least once a week in a newspaper having general circu-lation in the City of New Castle until the date of said meeting. A copy of said resolution shall also be mailed to each owner of said property at his last known post office address. The meeting of City Council to hear objections and award just compensation shall not be less than thirty (30) days after the adoption of said resolution, nor less than twenty-five (25) days from the mailing and posting of said copies of the resolution. (c) At the time and place fixed in said resolution the City Council shall hear such residents of the City or owners of the property affected as shall attend, and shall at said meeting, or at a subsequent meeting, as it shall deem proper, adopt a resolu-tion by a majority vote to proceed with or abandon, as it shall deem for the best interest of the said city, the condemnation of said property as contemplated in the prior resolution. In case the determination of the City Council shall be to proceed with the condemnation, just and reasonable compensation shall be awarded to the owner or owners of said property. If just com-pensation be awarded, a certified copy of the resolution awarding such compensation shall be mailed by registered mail return receipt requested to the owner or owners of such property at their last known post office address. Awards of just compensation shall be paid by the City Treasurer on a warrant drawn on him by authority of the City Council. If the owner or owners of said land be unknown, the amount awarded as just compensation shall be deposited in a banking institution of the City of New Castle in such a manner as to identify it as the property of the owner or Chapter 19 43 owners of the property for which it was awarded. Said funds may be withdrawn by such owner or owners upon petition to the City Council upon establishment of ownership. If anyone whose property is condemned as aforesaid be dissatisfied with the compensation awarded by the City Coun-cil, he may within fifteen (15) days after receipt of the certified copy of the said resolution awarding just compensation, apply to the Associate Judge of the State of Delaware resident in New Castle County for the appointment of freeholders to hear and determine the matter of compensation for any property of which he will be deprived as aforesaid. The proceedings before said Asso-ciate Judge shall be in conformity with the statutes of the State of Delaware relating to condemnation of property by the State Highway Department, so far as the same may be applicable. Any determination of compensation made shall be paid to such appeal-ing owner in the manner hereinbefore set forth. Upon the condemnation of land and the acceptance of just compensation by the owner or owners, or the deposit of the amount of just compensation in the case of land the owners of which is unknown, the Secretary of City Council shall record in the office of the Recorder of Deeds at Wilmington a statement of the condemnation proceedings together with a description of the lands condemned. Section 11.(a) Annually and prior to the First day of September the City Council shall have the finances of the City and the books and accounts of the Mayor, the City Manager and the City Treasurer audited by a certified public accountant. (b) As soon as practicable after such audit has been com-pleted, the City Council shall cause to be made and published a report of the City's finances for the preceding fiscal year. Section 12.(a) It shall be unlawful for the City Council to make or enter into any contract for materials, supplies, work or labor for the use and benefit of the City of New Castle with any member of the City Council, or with any partnership in which any member of the City Council is a partner, or with any corporation in which any member of the City Council is a direc-tor or stockholder, or with any firm or company in which any 44 Chapter 19 member of City Council is pecuniarily interested, except with the unanimous consent of all other members of the City Council. Any contract entered into in violation of this section of the Charter shall be absolutely null and void. Section 13.(a) The Mayor of said City, in addition to being a Member of the City Council, is hereby constituted a con-servator of the peace within the limits of the City. He is author-ized and empowered to exercise within the City all the authority which justices of the peace in and for New Castle County may exercise under the laws of this State, and he is further authorized in all lawful cases of commitment to commit persons guilty of a breach of the peace to the New Castle County Workhouse. He is authorized to cause to be arrested, or to arrest and hold to bail, all persons charged with violation of The Ordinances of The City of New Castle, and to fine and imprison, or either, all persons adjudged guilty of a breach of the ordinances of the City of New Castle. Such power and authority shall be exercised upon com-plaint duly made under oath, and within hearing of the party accused, and for that purpose the Mayor shall have power to issue the ordinary process for the arrest of parties and for the attendance of witnesses, and the power to punish for contempt now possessed by justices of the peace. Pro-vided, however, that the Mayor shall not have jurisdiction in any civil matter except insofar as such jurisdiction is specifically given him by the terms of this Charter or by any duly adopted ordinance or regulation of the City of New Castle. The Mayor shall not impose any fine in excess of One Hundred Dollars ($100.00) nor impose any term of imprisonment of longer than thirty (30) days. All fines imposed for violation of city ordinances shall be paid to the Treasurer of the City. ( b) The Mayor shall keep a record of all judicial proceed-ings had before him in such form as shall be prescribed by the City Council. Process issued by the Mayor shall be similar in form to that prescribed in like cases before justices of the peace, shall run throughout New Castle County, and shall be directed to the Sheriff or any constable of said County, or to any police constable of the City. The cost of the proceedings before the Mayor shall be the same as are provided by law in like proceed-ings before justices of the peace, and shall be collected from the defendant in case of conviction in addition to any fine imposed, or shall be paid by said defendant before his discharge from im- Chapter 19 45 prisonment, but the costs may be remitted in the discretion of the Mayor. In case the charge is for violation of a City ordinance and the party so charged is acquitted, the costs shall be paid by the City. (c) The Mayor may decline to hear any case in which he or a member of his family is personally interested, or he may disqualify himself from hearing any cases during a stated interval of time by giving to Council written notice to that effect, stating the interval of time during which he so chooses to disqualify himself. In either event, the justice of the peace resident in The City of New Castle is empowered and authorized to, and shall, during such disqualification enforce the ordinances of The City of New Castle and exercise the magisterial functions hereinbe-fore granted to the said Mayor. Section 14.(a) At each biennial meeting after a munici-pal election, the City Council shall elect a City Treasurer to hold office until the next biennial meeting of the City Council, or until his successor has been duly chosen and qualified. The City Treasurer shall deposit the city funds of which he is custodian in a banking institution designated by the City Council. He shall pay out no money except upon warrant signed by the City Manager and countersigned by a duly author-ized member of City Council. No warrants shall be signed and countersigned, nor honored by the City Treasurer except pursuant to appropriation or resolution theretofore made by the City Council. The City Treasurer shall keep a true and detailed account of all moneys received and of all moneys paid out by him. He shall preserve all vouchers for moneys paid by him. His books and accounts shall at all times be open to inspection by the City Council or the City Manager. He shall make such reports at such times as shall be directed by the City Council. The City Treasurer shall be required to give bond in such amount and in such form and with such surety as the City Council shall determine or approve, the cost of which bond shall be borne by the City. 46 Chapter 19 Section 15.(a) At each biennial meeting of the City Council, the City Council shall select and appoint a City Solicitor to serve as such for two years, or until his successor is duly appointed and qualified. He shall be a member in good standing of the Bar of the State of Pelaware practicing in New Castle County. It shall be his duty to be the legal officer of the City, to advise all officers and bodies of the City in the performance of their duties, to perform all legal services customarily per-formed by general counsel, and to represent the City in all liti-gation. He shall receive for his services such compensation as shall be fixed by the City Council. Section 16.(a) There shall be a Board of Health for the City of New Castle which shall consist of the Mayor, the City Manager, and three additional Members elected for the term of two years, or until their successors are duly qualified, at each biennial meeting of the City Council. At least one of the three additional members shall be a practicing physician, one shall be a licensed plumber and all three of such additional members shall be residents of the City of New Castle. The Board of Health shall organize as soon as prac-tical after the election of new members by the City Council by the election of a Chairman and a Secretary from among them-selves. Thereafter the Board shall meet monthly on the second Thursday of each month. The Secretary may be allowed for his services reason-able compensation to be fixed by the City Council. No other member of the Board of Health shall receive compensation as such. The Board of Health shall be vested with all powers and duties prescribed by law for Local Boards of Health and by ordinance of the City of New Castle. It shall have power to adopt and enforce rules and regulations for safeguarding the health of the residents of the city and for enforcing and carrying into effect any law or ordinance relating to public health. Its author-ity in this respect shall extend one mile beyond the city limits. Section 17.(a) The City Council shall appoint a City Manager who shall be the chief administrative officer of the City. Chapter 19 47 He shall be chosen solely on the basis of his executive and admin-istrative qualifications with special reference to his actual experi-ence in, or knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth. At the time of his appointment, he need not be a resident of the City or State, but during his tenure of office he shall reside within the City. The City Manager shall be appointed and shall be removable by the City Council. Before the City Manager shall be removed, he shall, if he so demands, be given a written statement of the reasons alleged for his removal and shall be given a public hearing thereon at a meeting of the City Council prior to the final vote on the question of his removal. The action of the City Council in suspending or removing the City Manager shall be final. In case of the absence or disability of the City Manager, the City Council may perform or designate some qualified person to perform the duties of the office during such absence or disability. The City Manager shall receive such compensation for the performance of his duties as shall be fixed by the City Council. The City Manager shall be responsible to the City Council for the proper administration of all affairs of the City placed in his charge, and to that end, except as otherwise pro-vided herein, he shall have the power to appoint and remove all employees in the administrative service of the affairs of the City under his charge. All such appointments shall be without definite term. Employees appointed by the City Manager, or under his authorization, may be removed by him at any time. The decision of the City Manager in any such case shall be final and there shall be no appeal therefrom to any other officer, body or court whatsoever. Neither the City Council, nor any of its committees or members, shall direct or request the appointment of any per-son to, or his removal from, office by the City Manager or any of his subordinates, or in any manner take part in the appointment or removal of employees in the administrative service of the affairs of the City under the charge of the City Manager. Except for the purpose of inquiry, the City Council and its members shall deal with that portion of the administrative service for which the City Manager is responsible solely through the City Manager, 48 Chapter 19 and neither the Council nor any member thereof shall give orders to any subordinate of the City under the City Manager either publicly or privately. Any violation of the provisions of this Sec-tion by a Member of City Council shall be a misdemeanor under the laws of The State of Delaware, triable by the Court of Gen-eral Sessions for New Castle County, conviction of which shall immediately forfeit the office of the member so convicted. It shall be the duty of the City Manager to supervise the administration of the affairs of the City under his charge; to make such recommendations to the City Council concerning the affairs of the City as may seem to him desirable; to keep the City Council advised of the financial conditions and future needs of the City; to prepare and submit to the City Council the annual budget estimate; to prepare and submit to the City Coun-cil such reports as may be required by that body; and to perform such other duties as may be prescribed by this Charter or re-quired of him by ordinance or resolution of the City Council. The City Manager shall, pursuant to appropriation and resolution of the City Council, sign warrants on the City Treasurer. The City Manager shall have administrative charge of the light, water, sewer, gas, or other public utility system or plant or plants of the City. He shall have charge of the super-vision of streets, gutters, curbs, sidewalks, wharves, and other public administrative affairs of the City and of all work relating thereto. He shall collect or cause to be collected, all taxes, assess-ments, rentals, license fees, or other charges due the City. He shall have charge of the administration of all provisions of this Charter and ordinances and resolutions of the City Council relat-ing to the affairs of the City, where not otherwise provided for by this Charter, or by any ordinances or resolutions of the City Council. The City Manager shall keep a full and strict account of all moneys received and all disbursements by him and such account shall, at all times, be open to inspection by Members of City Council. He shall pay over to the City Treasurer, at least monthly, and more often if required by the City Council, all moneys received or collected by him and by any employee under Chapter 19 49 him. He shall render to the City Council at its monthly meeting a true, accurate and detailed account of all moneys collected or received by him in the performance of his duties. (j) The City Manager and employees of the City having charge of city funds shall give bond in such amount and with such surety as may be required by the City Council; the cost of said bond or bonds shall be borne by the City. Section 18.(a) The City Manager shall appoint a per-manent Police Force consisting of a Chief of Police and such other members and subordinates as the City Council shall deter-mine. The Chief of Police and subordinate members of the Police Force shall receive for their services a compensation to be fixed by the City Council. The Police Force under the direction of the City Mana-ger shall preserve peace and order and compel obedience within the City limits to the ordinances of the City of New Castle and the laws of the State of Delaware, and shall have such other duties as the City Council may by ordinance or resolution from time to time prescribe. Each member of the Police Force shall be vested, with-in the city limits and within one mile outside of said limits, with all the powers and authority of any constable in New Castle County and in the case of a pursuit of an offender their power and authority shall be without territorial limitation. Every per-son sentenced to imprisonment by the Mayor of New Castle shall be delivered by a member of the Police Force to the New Castle County Workhouse, or the lock-up of the City, to be there im-prisoned for the term of the sentence. It shall be the duty of the Police Force to suppress riotous, disorderly or turbulent assemblages of persons in the streets of the city, or the noisy conduct of any person in the same, and upon the view of the above, or upon the view of any violation of any ordinance of the City relating to the peace and good order thereof, the Police Force, or any member thereof, shall have the right, power and duty to arrest without warrant and to take the offender before the Mayor for hearing. 50 Chapter 19 The City Council shall have the power to establish rules and regulations concerning the personal conduct of mem-bers of the Police Force. The City Manager shall have the power to enforce such rules and regulations of the Police Force by sus-pension from duty, loss of pay, or dismissal. Upon any occasion for which the permanent Police Force is not adequate, the City Manager shall have authority to appoint any number of special police constables with all the authority and duties of a member of the Police Force who shall serve only as long as the occasion requiring their appointment shall continue. Any person arrested shall be taken, or given a sum-mons to appear, before the Mayor who shall hear and appropri-ately determine the charge. If any arrest is made at a time when the Mayor is disqualified as hereinbefore provided in Section 13 (c), the offender shall be taken before the Justice of the Peace, resident in the City of New Castle, who shall hear and deter-mine the charge and who for that purpose is vested with all proper authority and power granted by this Charter to the Mayor to hear and determine such charges. In the event neither the Mayor nor the said Justice of the Peace shall be available to hear such charge, the offender may be delivered to the New Castle County Workhouse or to the City Lock-up to be held for such reasonable time as it shall take for the charges against him to be heard and aetermined, or shall be held to bail to appear before the Mayor or said Justice of the Peace by the senior police officer on duty when said offender is arrested. Section 19.(a) The City Manager shall prepare and sub-mit to the City Council at its regular meeting in April of each year a budget, presenting a financial plan for conducting the affairs of the City for the ensuing fiscal year. The budget shall include the following information: A detailed statement showing the expenses of con-ducting each department and office of the City for the last preceding fiscal year and showing or estimating such ex-pense for the current fiscal year. A detailed estimate of the expenses of conducting Chapter 19 51 each department and office of the City for the ensuing fiscal year with reasons for the increases and decreases recom-mended. The value of supplies and materials on hand. The amount of the debt of the City together with a schedule of maturities of bond issues. A statement showing the amount required for in-terest on the City debt and for paying off any bonds matur-ing during the year and the amount required for the sinking fund. An itemized statement of all anticipated income of the City with a comparative statement of the amounts re-ceived by the City from each of the same or similar sources for the last preceding and current fiscal years. An estimate of the amount of money to be received from taxes. Such other information as the City Manager may think desirable or as may be required by the City Council. The City Council shall, not later than its regular meet-ing in May of each year, adopt a budget for the succeeding fiscal year. The City Council shall, so far as possible, adhere to the budget so adopted in the making of appropriations. The fiscal year of the City shall commence with the First day of July of each year and end with the Thirtieth day of the following June. Section 20. City Council shall make or cause to be made the assessment for the City and shall each year make a true and impartial list of all the persons, property and estates within the said City, and not by law exempt from taxation, together with the sum or sums of money in dollars at which it shall appear to them that said persons or property ought to be rated and valued. In making such assessment, the rules and exemptions now applicable by law to the making of the County assessment of 52 Chapter 19 persons and properties shall be applicable insofar as consistent with the provisions of this Act. Real estate shall be described with sufficient particularity to be identified, the principal im-provements thereon to be specified. Real estate shall be assessed to the owner or owners if known; if the owner or owners cannot be found or ascertained, it may be assessed "Owner Unknown." A mistake in the name of the owner or owners, or a wrong name or the absence of a name, shall not affect the validity of the assessment of the City tax based thereon. Every male resident above the age of twenty-one shall pay a capitation tax of Two Dollars ($2.00) per year; provided, however, that the Council is authorized to exempt from paying or to refund if paid, any capitation taxes assessed against a resident of the City of New Castle who has served in some branch of the armed forces of the government of the United States between December 7, 1941 and September 1, 1945. The said list of assessment shall be com-pleted and a copy posted by the assessor in the Mayor's office on or before the Twentieth day of May in each year and kept there for a period of at least ten days for the information of and examination by all concerned, and public notice of the posting of the same shall be given. On the evenings of the first Wednesday, Thursday and Friday in June of each year the City Council shall sit as a Court of Appeals for the hearing of appeals from assessments, with power to alter and correct any assessment in accordance with right and justice, to assess such persons, property and es-tates as may have been omitted from the list by the assessor, and to increase any assessment on said list which may have been placed at too low a value, provided however that in case of assess-ing persons, property and estates omitted and increasing assess-ments, notice shall first be given to the persons interested or some one of them, or their representatives or agents, so that he, she or they may have an opportunity to be heard before the final action. Such notice may be given personally, by mail, or by leaving a copy at the usual place of abode or any of the persons above designated. The City Council shall then estimate and determine the rate or rates of taxes necessary to raise the sum or sums of money which it has estimated and determined will be necessary for the public use of the City for the year ensuing, and shall thereupon cause Chapter 19 53 to be compiled a tax list showing the amount owed by each taxable. It shall be the duty of the City Council when assessing or causing to be assessed the persons and estates in the City to classify the real estate assessed in such manner as to discrimi-nate between the farm land and suburban land in the City and the other property in the City; and for this purpose, it shall be the duty of the City Council to mark in the assessment book opposite the assessment of real estate used for farming, truck farming or agricultural purposes the words "Farm Land" and opposite the assessment of suburban real estate lying apart from and outside of the built up and developed portions of the City the words "Suburban Land." It shall, be the duty of the Council in estimating and determining the rates of taxation in the City for each year to levy a rate of tax upon said "Farm Land" and upon said "Suburban Land" equal to one-half of the rates of tax levied upon the other real estate in the City; and the owners of said "Farm Land" and "Suburban Land" shall only be re-quired to pay said half rate of taxes. The Council of the City of New Castle is hereby vested with the power and authority, in the preparation and making of the annual city assessment of real estate within the City of New Castle for city purposes, to adopt and use the assessment and valuations made by the County Assessment Board of New Castle County of real estate within the City of New Castle, and to order and direct that such County Assessment be used as the assess-ment and valuations for the City Assessment of all real estate situated within the City of New Castle assessed and taxed for City purposes. There shall be added to such county assessment any taxable real estate within the City not included in the county assessment, and corrections of property or ownership shall be made in accordance with the existing facts. The person or persons making or copying the assessment shall also designate and mark in the assessment book such real estate as is "Farm Land" or "Suburban Land" as hereinbefore provided and directed in this Section. Section 21.(a) At its regular meeting in May of each year, the City Council, with the concurrence of three-fifths of all the members, shall estimate and determine the sum or sums of 54 Chapter 19 money necessary to be raised in the City for the public use for the year ensuing, including the sums necessary to be raised for salaries and other City expenses, the maintenance of roads and streets, the payment of interest and principal of bonds that may become due, and all other reasonable and proper expenses of the said City. In order to definitely provide for a sinking fund for the payment of bonds issued by the City when the same shall become due, it shall be the duty of the Council at its regular meeting in May of each year to estimate and determine the sum necessary to be paid yearly to amortize all such bonds by their maturity date, and the sum so estimated and determined when raised shall be set aside and held as a sinking fund for the pay-ment of said bonds and used for no other purpose. The levy of taxes for said purpose shall be made annually until the payment of all bonds of the municipality has been provided for. Nothing contained in this Charter shall be construed to affect or impair in any way the validity of any assessment heretofore laid or done or in any way to affect the validity of any tax, fee, assessment or other charge lawfully levied, assessed or due the City under existing laws in reference to the munici-pality of New Castle and the same are hereby declared to be valid, binding and vested in the Mayor and Council of New Castle. Section 22.(a) Subject to the restrictions hereinafter provided, the City Council is authorized and empowered to bor-row on the faith and credit of the Mayor and Council of New Castle at such time or times as it may deem proper and necessary, money for municipal purposes and to issue bonds of the Mayor and Council of New Castle therefore, to an amount not exceeding, in the aggregate of all bonds issued and outstanding, five per-centum of the assessed value of the real estate in said city. Such bonds shall be issued at such times, in such amounts of such denomination, bearing such rate of interest, in such form, and payable at such time and in such manner, as the City Council by an ordinance passed by vote of four-fifths of all the members shall determine and prescribe. All such bonds shall be signed by the Mayor and the City Treasurer, and sealed with the seal of said City. The City Council is authorized, empowered and directed to levy and collect annually in the same manner as other taxes Chapter 19 55 for municipal purposes are levied and collected, an amount of tax sufficient to pay all interest on such bonds as the same shall accrue, and to provide for the sinking fund requirements of said bonds. The City Council in addition to the above authoriza-tion is authorized to borrow money and issue bonds therefore up to an amount of twenty percentum of the assessed valuation of the real estate in said City as aforesaid when it shall heretofore have held a special election in the manner provided by the pro-visions of Section 17 of Chapter 216, Volume 27, Laws of Dela-ware, entitled "An Act Amending, Revising and Consolidating the Charter of the City of New Castle" as heretofore amended, and a majority of the legal votes cast at such special election has been ascertained to be in favor of borrowing said amount of money and issuing said bonds or when it shall have held a special election in the manner provided for the holding of municipal elections and a majority of the legal votes cast at such election has been ascertained to be in favor of borrowing said amount of money and issuing said bonds. At every such special election each qualified voter as defined in Section 6 (g) of this Charter shall be entitled to vote. The provisions of this section of the Charter shall not apply to special bond issues now or hereinafter authorized by special Act of Assembly, except that bonds issued pursuant to any special Act of Assembly shall be included in computing the aggregate bonds issued and outstanding in estimating the amount of bonds that may be issued under this section of the Charter. Section 23.( a) The City Manager shall collect, or cause to be collected, the taxes levied by the City Council as shown on the annual tax list. All taxes levied by the City Council as aforesaid shall be due and payable on the First day of July in the year in which they are assessed and laid. All taxes assessed and laid upon real estate shall con-stitute a lien against all such real estate within the City for the period of ten years from the date when such taxes became due and payable, but if such real estate remains the property of the 56 Chapter 19 person or persons who owned it at the time the tax was laid, then the lien shall remain as such until the tax is paid. The interest of a tenant for life shall first be liable for the taxes. On all taxes paid before the first day of September in the year in which they are due, there shall be an abatement of five per cent; on all taxes paid after the first day of September, and before the first day of December, there shall be an abate-ment of three per cent; on all taxes not paid by the first day of January, there shall be added one-half of one per cent per month until the same shall be paid. The City Manager shall pay over to the City Treasurer on the first Monday of each month, or oftener if required by the City Council, all moneys collected by him. He shall report to the Council every month at its regular meeting and at such other times as the City Council may require all payments of taxes made to him and by whom made, the amount of uncollected taxes, the amount of delinquent taxes, and such other information as the City Council may require and need so as at all times to be fully informed as to the condition of the City tax collections. He shall keep a book of receipts and shall furnish every person paying any tax with a receipt showing the date of payment, the amount paid, and the subject matter of the tax. He shall enter every payment immediately in a book to be kept for the purpose so that at all times the City Council and any person interested may be able to know what taxes have been paid and what taxes are unpaid, and in general, he shall diligently attend to the collection of taxes and carry out all reasonable directions and orders of the City Council. Section 24. (a) The City Manager may recover or cause to be recovered the amount of any tax assessed against any per-son, persons or corporation by the City of New Castle in an action of debt before any Justice of the Peace of New Castle County. Said action shall be brought in the name of "The Mayor and Council of New Castle" and shall be brought against the person, persons or corporation against whom the debt is assessed or in case suit is brought for a tax on real estate, then against the owner or owners of said land, provided that if personal service be had upon any one of several owners of land upon which taxes are assessed service need not be had upon the other owner or Chapter 19 57 owners of said land if a copy of the writ is left with the tenant in possession or posted upon the premises six days before the return of the said processes, provided the amount of taxes due thereon be not more than Five Hundred Dollars ($500.00). In any such action it shall be sufficient to set forth that the action is to recover a specified sum of money, being a tax assessed against the defendant or land owned by the defendant or defend-ants, together with such description of the land as will be suffi-cient to identify the same, and the year or years for which said taxes were assessed and laid. The right of appeal in such cases shall be the same as in other civil actions. If any judgment is rendered against the defendant or defendants in any suit for the collection of taxes due the said City, reasonable fees for council for the City shall be taxed by the Court as a part of the costs, and execution shall issue against the real estate or personal estate of the defendant; provided, no execution against the real estate shall issue except out of the Superior Court of New Castle County. Whenever judgment is recovered before a Justice of the Peace and it is desired to pro-ceed against the real estate of the defendant or defendants, a transcript of said judgment shall be entered in the Superior Court of New Castle County, and thereafter proceedings shall be the same as upon other judgments. The lien of the judgment shall be deemed to relate back and take effect from the date when such taxes were first due and payable, and such lien shall have priority and preference over all other liens or encumbrances against such real estate, although such other lien or liens may be of prior date. The City Manager may at any time notify the person or corporation by whom any taxable liable for a personal or poll is employed that tax of such employee is due and unpaid and it shall be the duty of such employer to deduct from the wages of such employee and charge the same against him, and if such employer neglect or refuse to comply with such notice within three months from the time of receiving such notice, he shall be personally liable for the taxes of such person so employed by him and the same may be recovered as provided in this section for the recovery of taxes. When such taxes are held by such employer he shall pay the same to the collector of taxes within thirty days thereafter. 58 Chapter 19 Section 25.(a) The City Manager as an alternative method of collecting any tax, assessment, license fee, warrant, or any other charge due the City from any taxable, and without the necessity of first employing other remedies provided in this Charter, is empowered to sell the lands and tenements of the taxable, the lands and tenements of a taxable alienated subse-quent to the levy of the tax, assessment, license fee, warrant, or other charge, or lands and tenements carried on the assignment list as "Owner Unknown." (b) The City Manager shall file in the office of the Pro-thonotary of the Superior Court of New Castle County a petition addressed to said Superior Court which shall set forth: The name of the taxable, assessee, licensee or chargee. The year or years for which the tax, assessment, license, or other charge was levied. The rate of tax assessment, license or other charge. The total amount due. The date from which the penalty for non-payment, if any, shall commence and the rate of such penalty. A short description of the lands and tenements proposed to be sold sufficient to identify the same. A statement that a bill of said tax, assessment, license, or other charge has been mailed to the taxable at his last known post office address, together with a notice to the taxable that he will proceed to sell the lands and tenements of the taxable for the payment of the tax, assessment, license, or other charge due the City, and the date of such mailing, or a statement that the owner of the lands and/or tenements proposed to be sold for taxes is unknown. A statement that a copy of said notice of inten-tion to sell said lands and tenements was delivered to the tenant in possession of said lands and tenements, or if there Chapter 19 59 be none that a copy of said notice was posted prominently on said lands, and the date of such delivery or posting. At least twenty (20) days prior to the filing of any such petition the City Manager shall deposit in the mail, in a sealed and stamped envelope and requiring a return registered mail receipt, addressed to the taxable at his last known post office address, an itemized statement of the tax, assessment, license fee, warrant or other charge due the City, together with all penalties and costs then due thereon, together with a notice to the taxable that he shall proceed to sell the lands and tene-ments of the taxable for the payment of the tax, assessment, license, warrant or other charge due the City. The City Manager shall attach the return registered 'mail receipt to the said peti-tion; provided, however, that if the owner of the lands and/or tenements proposed to be sold for taxes is unknown, a copy of said itemized statement and notice shall be served upon the tenant in possession, or if there be no such tenant, prominently posted on the premises at least twenty (20) days prior to the filing of such petition. The petition shall be filed in the name of the Mayor and Council of New Castle and verified by the City Manager. Upon the filing of the petition, the Prothonotary shall record the same in a properly indexed record of the Court and shall endorse upon said record of said petition, the following: "This petition filed the day of A. D. , (giving the day and year), and the City Manager of the City of New Castle shall thereupon proceed to sell the lands and tenements herein mentioned or a sufficient part thereof, for the payment of the amount due" which such en-dorsement shall be signed by the Prothonotary. The City Manager shall then proceed to advertise the lands and tenements to be sold by posting handbills in at least five (5) public places of the City of New Castle (one of which shall be posted on the premises) and publishing the notice of sale in a newspaper of general circulation in New Castle County at least once. The notice of sale shall contain the day, hour and place of sale and a short description of the premises sufficient 60 Chapter 19 to identify the same. The notice shall be posted at least ten (10) days before the day fixed for sale and shall be published at least one week before the day of sale. Each sale of lands and tenements shall be returned to the Superior Court aforesaid, at the ensuing term thereof follow-ing the sale. At the return of said sale the Court shall inquire into the circumstances and either approve or set aside the sale. No sale shall be approved by the said Court if the owner be ready at the Court to pay the taxes, assessment, license fee or other charge due the City, together with penalty, interest and costs, if any. If it set aside the sale, another sale may be had and so on until the tax, assessment, license fee or other charge due is collected. If the sale shall be approved by the Court, then at the expiration of one year from the date of the sale (which shall be known as the redemption year) the City Manager shall make, execute and deliver a deed in the name of The Mayor and Council of New Castle to the purchaser, his heirs or assigns, which shall convey the title of the taxable, assessee, licensee, or chargee or his alienee, as the case may be, provided, however, that within the redemption year, the owner, his heirs or assigns, shall have power to redeem the lands on payment of the costs, the amount of the purchase money and twenty per cent interest thereon to the purchaser, his heirs or assigns. If the purchaser refuses to accept the same or in the event the purchaser, or his heirs and assigns, cannot be located within the State of Delaware, then, in either event, it shall be lawful for the owner, his heirs, execu-tors or assigns to pay the amount of the redemption to the City Manager of the City of New Castle and, upon taking a good and lawful receipt therefor, such receipt shall be considered for all intents and purposes as a valid and lawful exercise by the owner, his heirs, executors and assigns, of his or their power to redeem the land so sold. The amount so paid to the City Manager shall be deposited in a banking institution of the City of New Castle in a manner by which the fund may be identified. After satisfying the tax, assessment, license or other charge and the cost and expenses of sale from the proceeds of the sale, the amount remaining in the hands of the City Manager shall be paid at once to the owner of the land. Should the owner Chapter 19 61 of the land refuse to accept the same, or if the owner is unknown or cannot be found, the amount remaining shall be deposited in a banking institution in the City of New Castle in a manner by which the fund may be identified. In said sales of land for the payment of taxes, assess-ments, licenses or other charges due the City of New Castle, the following costs shall be allowed, which shall be deducted by the City Manager from the proceeds of the sale, or chargeable against the owner; the Prothonotary of the Court shall receive for filing and recording the petition the sum of $1.00 and also the sum of $1.50 for filing and recording the Return of Sale; the City Manager shall receive for the account of the City the sum of $5.00 for every sale of real estate made by him in the exercise of said power for the enforcement of the payment of taxes, to-gether with such additional sum as may be reasonable and proper for the service of the Counsel in preparing such papers as may be necessary in the premises, all of which shall be a part of the costs to be paid out of the purchase money realized out of the sale of said real estate sold for the taxes, assessment, license fee or other charge due the City. The cost of the deed and recording the same shall not be chargeable as costs but shall be paid by the purchaser. (1) If the owner of any lands and premises against which a tax shall be levied and assessed shall be unknown, this fact shall be stated in the advertisement of sale and in the Petition to the Court. (m) If any person is assessed for several parcels of land and tenements in the same assessment, the total of said taxes, assessments and other charges due the City may be collected from the sale of any part or portion of said lands and tenements; pro-vided, that land alienated by the taxable shall not be sold until other property of the taxable shall have been disposed of. Section 26. Any power or duty herein granted to or charged upon the City Manager shall, pending his appointment or in his absence or disqualification, be exercised or performed under the direction of the City Council. 62 Chapter 19 Section 27.(a) This act shall operate to repeal Chapter 216, Volume 27, Laws of Delaware, as amended, entitled "An Act amending, revising and consolidating the Charter of the City of New Castle"; Chapter 54, Volume 15, Laws of Delaware, as amended, entitled "An Act to establish a Board of Education for the City of New Castle, and to incorporate the same, and for other purposes"; Chapter 209, Volume 26, Laws of Delaware, as amended, entitled "An Act in reference to elections in the City of New Castle"; Chapter 134, Volume 28, Laws of Delaware, as amended, entitled "An Act altering and revising the Charter of the City of New Castle by creating the office of City Clerk and designating his duties"; Chapter 121, Volume 32, Laws of Dela-ware, as amended, entitled "An Act to Establish a Board of Water and Light Commissioners for the City of New Castle"; Chapter 121, Volume 35, Laws of Delaware, as amended, entitled "An Act authorizing the Council of 'The Mayor and Council of New Castle' under certain conditions to construct a system of sewers and disposal works in and for the City of New Castle, Delaware"; and Chapter 160, Volume 41, Laws of Delaware, as amended, entitled "An Act to Authorize the City of New Castle to Retire the City Clerk of Said City on Pension after 20 Years of Service." (b) Notwithstanding the foregoing, all ordinances of the City of New Castle heretofore lawfully enacted or adopted and now in force in pursuance of any law of the State, shall continue in force until repealed, altered or amended by the Mayor and Council of said City; all Acts and doings of "The Mayor and Council of New Castle" the Board of Water and Light Commis-sioners of New Castle, the Sewer Commission of New Castle or of the Council or any officer of said City lawfully done and per-formed under the provisions of any law of the State or of any ordinances of said City are hereby ratified and confirmed; all debts, fines, penalties and forfeitures due to the said City and all debts due from said City to any person or persons, or corporation are declared to be unaffected and unimpaired by this Act, and all laws for the collection and enforcement thereof shall continue in full force until the same shall be fully paid and discharged; all powers and remedies now conferred by law for the collection and enforcement of all taxes in said City heretofore assessed and levied and uncollected, shall continue in full force and effect until all of said taxes shall be fully collected and paid; the official bonds Chapter 19 63 of any employees or officials of the said City, the Board of Water and Light Commissioners or the Sewer Commission heretofore given shall not be affected or the remedy thereon impaired by this Act, and they and each of them, and their surety or sureties shall be and continue liable for any default or breaches of any of the conditions of said respective bonds; all proceedings heretofore commenced for the collection of any penalty, fine, forfeiture or debt to the said City, to the Board of Water and Light Commis-sioners and to the Sewer Commission upon any bond or obligation or under any law or ordinance shall not be affected or impaired by this Act, but the same may be prosecuted to judgment and execution until the same be fully paid, liquidated and discharged; all valid special Acts heretofore passed authorizing the borrowing of money and the issuing of bonds on the credit of said City shall be and remain valid and good as heretofore and be unaffected and unimpaired by this Act. Section 28. (a) This Act to Re-incorporate the City of New Castle, or any section or provision thereof, shall not take effect or be deemed to have changed or altered in any respect whatever any existing law or laws of the State of Delaware until it shall have been determined at a Referendum Election that a majority of the legal votes cast thereat are in favor of accepting this Act. (b) The date, time and place of said referendum election shall be fixed by resolution of the Council of the Mayor and Council of New Castle and copies thereof shall be posted in at least five public places in the City of New Castle not less than five days prior to the date of said referendum election. Voting at said referendum election shall be by ballot, of such form as the said Council shall prescribe, and each resident of the City of New Castle qualified to vote as a citizen of the City of New Castle in the last preceding general election shall be entitled to cast one vote at said referendum election. Such records or copies thereof of the Bureau of Registration for New Castle County as shall be necessary to determine the qualifica-tions of voters shall be made available to the Council of the Mayor and Council of New Castle upon its request therefor. The Council of the Mayor and Council of New Castle shall appoint three persons to hold said referendum election, each 64 Chapter 19 of whom shall take the same oath required of election officials at the last preceding biennial election in the City of New Castle and each of whom, upon the completion of the counting and tabulation of votes cast at said referendum election, shall sub-scribe a return setting forth the number of votes cast for and against the acceptance of this Act, which return shall be pre-sented to the said Council on the day following said referendum election. In the event of a tie vote, the Council of the Mayor and Council of New Castle shall determine the tie by a majority vote. If a majority of votes cast at any such referendum election shall be in favor of the acceptance of this Act, the Council of the Mayor and Council of New Castle shall make or cause a written certificate to that effect to be recorded in the office of the Recorder of Deeds in and for New Castle County and such certificate, or the record thereof, or a duly certified copy of such record, shall be evidence in all courts of law or equity in this state of the facts therein set forth. If the acceptance of this Act should not be approved by a majority of the votes cast at said referendum election, the Council of the Mayor and Council of New Castle shall be and it is hereby authorized and empowered to call a further election or elections at any time thereafter in like manner and for said pur-pose, provided that a majority of said Council shall vote so to do and that no two such elections shall be less than one year apart. Section 29. This Act after its passage by the General As-sembly of Delaware, approval by the Governor of Delaware and acceptance at a referendum election as hereinbefore provided shall become effective on the fourth day of April, A. D. 1951, or one month following its acceptance at a referendum election, whichever date shall first occur. Approved March 22, 1951. 65 CHAPTER 20 ELSMERE AN ACT TO AMEND CHAPTER 117, VOLUME 32, LAWS OF DELAWARE, ENTITLED "AN ACT TO AMEND AN ACT TO INCORPORATE THE TOWN OF ELSMERE, NEW CASTLE COUNTY, BY CHANGING THE HOURS AND METHODS OF VOTING IN TOWN ELECTIONS, AND BY PROVIDING FOR MORE THAN ONE POLLING PLACE FOR TOWN ELECTIONS." 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 Branch concurring therein): Section 1. That Chapter 117 of Volume 32, Laws of Dela-ware, entitled "An Act to Amend An Act to Incorporate the Town of Elsmere, New Castle County" be and the same is hereby amended by striking out that portion of the first paragraph of Section 4 thereof following the third sentence of the said Section 4 and inserting in lieu thereof, the following: "Section 4. Said election shall be held from eight o'clock in the morning until seven o'clock in the afternoon, at such place or places as shall be determined and fixed by the Town Commis-sioners. At least ten days previous to such election due notice thereof, and of the time and place or places thereof, shall be given by the said Commissioners. At all such elections the votes shall be received at each polling place by three qualified voters of said Town appointed by the said Commissioners at any regular or special meeting of said Commissioners held in the month pre-ceding said election. One of the said persons so appointed for each polling place shall be designated as the Inspector and the other two as the Judges of Election, and the three in each polling place shall be known as Officers of Election, and no such person shall be a candidate for any office at any such election while acting as such officer of election. The result of the balloting at each polling place for said officers of said Town shall be ascer-tained by the said Officers of Election." 66 Chapter 20 Section 2. That Chapter 117 of Volume 32, Laws of Dela-ware, entitled "An Act to Amend An Act to Incorporate the Town of Elsmere, New Castle County" be and the same is hereby amended by striking out the fourth and fifth paragraphs of Section 5 of said Chapter and inserting in lieu thereof the following: "Section 5. Not less than five days prior to the date for holding such election the Town Commissioners shall cause the election ballots to be printed. Upon such ballots the names of the candidates for the offices to be filled, arranged alphabetically under each office, shall be placed, and immediately above or below each group of names, instructions as to how many to vote for, for instance 'Vote for One' or 'Vote for Two' or as many as the voter shall be entitled to vote for in any particular case. A box shall be printed in front of the name of each candidate appearing on the ballot, and the voters shall designate their choice of candi-dates to be voted for by placing an X in the box in front of the name of each candidate for whom it is desired to vote, provided, however, that no elector at any such election shall be allowed to vote for more candidates for any particular office (but may vote for less) than the number to be elected at said election. Defective designation of a voter's choice under the head of, one or more of such groups of candidates shall not invalidate such ballot so far as there shall appear to be a proper designation of choice in any other of said groups of candidates. The form of ballot shall be substantially as follows: OFFICIAL BALLOT 0 0 FOR ALDERMAN (Vote for One) Chapter 20 67 0 FOR COMMISSIONERS (Vote for Twoor Three) FOR TREASURER (Vote for One) FOR ASSESSOR (Vote for One) The method of voting shall be by placing an X, with pencil or black crayon, in the block in front of the name of the candi-date to be voted for." Approved March 22, 1951. 68 CHAPTER 21 CITIES AND TOWNS REPEAL OF ACT REQUIRING CERTAIN UNIFORM FIRE EQUIPMENT IN THE TOWNS OF THE STATE AN ACT TO REPEAL CHAPTER 128 OF VOLUME 30, LAWS OF DELAWARE, 1919, ENTITLED "AN ACT REQUIRENG CERTAIN UNIFORM FIRE EQUIPMENT IN THE TOWNS OF THIS STATE." Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 128 of Volume 30, Laws of Dela-ware, 1919, be and the same is hereby repealed. Approved March 29, 1951. 69 CHAPTER 22 APPROPRIATION UNITED SPANISH WAR VETERANS DEPARTMENT OF DELAWARE AN ACT APPROPRIATING MONEY TO THE UNITED SPAN-ISH WAR VETERANS, 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 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, 1951 and ending June 30, 1953 for opera-tion expenses. Five Hundred Dollars ($500.00) of said sum shall be paid within three months after July 1, 1951 and a like sum of Five Hundred Dollars ($500.00) shall be paid within three months after July 1, 1952, 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 March 29, 1951. 70 CHAPTER 23 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 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 Dela-ware Society for the Prevention of Cruelty to Animals, for the biennium beginning July 1, 1951 and ending June 30, 1953, for salaries, wages and for operation. Five Hundred Dollars ($500.00) of said sum shall be paid within three months after July 1, 1951, and a like sum of Five Hundred Dollars ($500.00) shall be paid within three months after July 1, 1952. Section 2. That this Act shall be known as a Supplemen-tary Appropriation Bill and the funds hereby appropriated shall be paid out of the General Funds of the State Treasury not other-wise appropriated. Approved March 29, 1951. CHAPTER 24 WORKMEN'S COMPENSATION LAW RELATING TO DEPOSIT OF CERTAIN BONDS WITH INSURANCE COMMISSIONER AN ACT TO AMEND CHAPTER 175, REVISED CODE OF DELAWARE, 1935, ENTITLED "DELAWARE WORK-MEN'S COMPENSATION LAW" AS AMENDED BY CHAPTER 174, VOLUME 47, LAWS OF DELAWARE, 1949, IN RELATION TO THE DEPOSIT OF BONDS WITH THE INSURANCE COMMISSIONER TO SECURE THE PAY-MENT OF COMPENSATION LIABILITIES. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That 6096. Sec. 26. of Chapter 175, Revised Code of Delaware, 1935, as amended by Chapter 174, Volume 47, Laws of Delaware, 1949, be and the same is hereby further amended by striking out the last sentence at the end of the first paragraph thereof, and substituting in lieu thereof a new sen-tence as follows: 71 That all bonds of insurance carriers or self-insurers deposited to secure their obligations under the Delaware Workmen's Com-pensation Law shall be deposited with the Insurance Commis-sioner of the State of Delaware. Approved March 29, 1951. 72 CHAPTER 25 AUTHORIZING PROTHONOTARY OF KENT COUNTY TO CHANGE BEGINNING PERIOD OF NEW INDICES, AND TO OMIT CERTAIN JUDGMENTS. AN ACT TO AMEND CHAPTER 122 OF VOLUME 47, LAWS OF DELAWARE, 1949, ENTITLED "AN-ACT TO AUTHORIZE ' THE PROTHONOTARY OF THE. SUPERIOR COURT OF THE STATE OF DELAWARE, IN AND FOR KENT COUNTY, TO MAKE INDICES OF JUDGMENTS. IN HIS OFFICE" BY CHANGING THE BEGINNING OF THE PERIOD OF THE NEW INDICES FROM THE FEBRUARY TERM, A.D. 1900 TO THE FIRST DAY OF JANUARY, A.D. 1900, BY PROVIDING FOR A REVERSE INDICES ONLY; AND BY MAKING PROVISION FOR OMITTING CERTAIN JUDGMENTS FROM SAID INDICES. Be it enacted by the Senate and House of Represntatives of the State of Delaware in General Assembly met: Section 1. That Sec. 1 of Chapter 122 of Volume 47, Laws of Delaware, 1949, be and the same is hereby amended to read as follows: That the Prothonotary of the Superior Court of the State of Delaware, in and for Kent County, be and he is hereby author-ized and directed to make or cause to be made a complete reverse indices of all the unsatisfied judgments entered in said Superior Court from the First day of January, A. D. 1900 to the present time, except as hereinafter provided. In making said indices, he shall use the Campbell system of indexing, and the record of said judgments shall be examined to ascertain the satisfaction of all said judgments. Any and all of said judgments satisfied by the Plaintiff, an attorney of the Bar of the State of Delaware or any officer of a Plaintiff corporation, whether or not attested by the said Prothonotary or any credible person, prior to the year 1937, shall be omitted from the new indices pro-vided for in this Act. Any and all satisfactions of said judgments attested by the said Prothonotary or by any credible person prior to the year 1937 shall be omitted from the new indices provided for in this Act. The Prothonotary is authorized t |
| Date Digital | 2010 |
| CONTENTdm file name | 3052.cpd |
Description
| Title | Laws of the State of Delaware - Volume 48 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND SIXTEENTH SESSION OF THE GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER ON TUESDAY, JANUARY 2, A. D. 1951 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA THE ONE HUNDRED AND SEVENTY- FIFTH VOLUME XLVIH |
| CONTENTdm file name | 32705.pdfpage |
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