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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND EIGHTEENTH
SESSION OF THE GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 4, A. D.
1955
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
OF AMERICA, THE ONE HUNDRED AND SEVENTY- NINTH
VOLUME L
Printed by
Milford Chronicle Publishing Company
Milford, Delaware
PART I
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 50- Part 1 |
| Description | Laws of the State of Delaware |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | Milford Chronicle Publishing Company |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND EIGHTEENTH SESSION OF THE GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER On Tuesday, January 4, A. D. 1955 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA, THE ONE HUNDRED AND SEVENTY-NINTH VOLUME L Printed by Milford Chronicle Publishing Company Milford, Delaware PART I LAWS OF DELAWARE CHAPTER 1 GEORGETOWN AN ACT TO AMEND AN ACT ENTITLED, "AN ACT AMEND-ING, REVISING, AND CONSOLIDATING THE CHARTER OF THE TOWN OF GEORGETOWN", BEING CHAPTER 166, VOLUME 43, LAWS OF DELAWARE, AS AMENDED BY DIVIDING THE TOWN INTO WARDS AND PRO-VIDING FOR THE ELECTION OF THE MEMBERS OF THE TOWN COUNCIL FROM SAID WARDS. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each branch concurring therein): Section 1. That Chapter 166, Volume 43, Laws of Dela-ware, as amended, is amended by inserting therein a new Section to be designated as Section 2A as follows: Section 2A. The Town shall be divided into four (4) Wards. All the territory within the Town limits lying south of the center line of East Market Street and east of the center line of South Bedford Street shall be the first ward; all the territory within the Town limits lying north of the center line of East Market Street and east of the center line of North Bedford Street shall be the second ward ; all the territory with-in the Town limits lying west of the center line of North Bed-ford Street and north of the center line of West Market Street shall be the third ward ; and all that territory within the Town limits lying south of the center line of West Market Street and west of the center line of South Bedford Street shall be the fourth ward. 3 4 Chapter 1 Section 2. Section 3, Chapter 166, Volume 43, Laws of Delaware, is amended by striking out said Section and sub-stituting in lieu thereof a new Section 3 as follows : Section 3. The government of the Town and the exercise of all powers conferred by this Chapter except as otherwise provided herein, shall be vested in a Mayor and Town Council. The Town Council shall consist of four (4) members. One of the members of the Council shall reside in that portion of the Town known as the first ward, one in that portion known as the second ward, one in that portion known as the third ward, and one in that portion known as the fourth ward. The Mayor and Councilmen shall not receive any salary for their services, but may be allowed a fixed sum of Ten Dollars ($10.00) for attendance at each duly authorized meeting of the Town Council. Section 3. Section 4, Chapter 166, Volume 43, Laws of Delaware, as amended, is amended by adding to said Section the following new paragraph: At the annual election held on the first Saturday in March, 1955, there shall be elected two (2) members of Council for a term of two years to fill the vacancy created by the expiration. of the two (2) members of the council whose terms expire, one of said councilmen shall reside in the first ward and one shall reside in the second ward. At the annual election to be held in the next following year, a mayor and two (2) council-men shall be elected for a term of two years to fill the vacancy created by the expiration of the term of the mayor and two (2) councilmen whose terms expire. One of said councilmen shall reside in the third ward and one shall reside in the fourth ward ; and thereafter the successor of every member shall be elected from each of the four wards residing respectively in the several wards and a Mayor to serve for a term of two years. Approved February 10, 1955. CHAPTER 2 AUTHORIZING TRANSFER OF PUBLIC LANDS TO TOWN OF GEORGETOWN AN ACT AUTHORIZING THE STATE OF DELAWARE TO TRANSFER A PORTION OF CERTAIN PUBLIC LANDS IN THE TOWN OF GEORGETOWN TO THE TOWN OF GEORGETOWN. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That the Governor and the Secretary of the State of Delaware are hereby authorized and directed to execute in the name of and under the great seal of the State of Dela-ware, a deed conveying unto the Town of Georgetown, a municipal corporation of the State of Delaware, in considera-tion of the payment of Fifty Dollars ($50.00) by the said The Town of Georgetown to the State of Delaware all that certain lot, piece or parcel of land, situate in the Town of George-town, Georgetown Hundred, Sussex County, State of Dela-ware, more particularly bounded and described as follows, to-wit; Beginning at a monument at the east corner of the inter-section of Laurel Road with West Pine Street ; thence from said beginning point North forty-four degrees and eighteen minutes East along the line of Pine Street a distance of twenty feet ; thence South forty-five degrees forty-two minutes East one hundred and sixty-two feet;. thence curving to the right on the arc of a circle the radius of which is eighty-two feet, a distance of forty feet; thence curving to the left on the arc of a circle the radius of which is four hundred and sixty-four feet, a distance of one hundred and five feet to the Easterly side of Gardiner Avenue ; thence along the Easterly side of Gardiner Avenue, North twenty-nine degrees fifty-three minutes West seventy-eight and one-half feet to a point in line with the Southeasterly side of Laurel Road leading Southwesterly; thence across Laurel Road, North twenty-eight degrees thirty-four minutes West thirty and ninety-six one hundredths feet to a Chapter 2 point in the Northwesterly line of Laurel Road leading South-westerly; thence along the Northeasterly side of Laurel Road leading Northwesterly, as it is now located North forty-five degrees forty-two minutes West one hundred and ninety-six and three-tenths feet, to the Place of Beginning, CONTAINING Four Thousand Three Hundred and Ninety Square Feet, being a part of the same lands deeded to the State of Delaware by William Linden Rawlins et al, bearing date the 15th day of December, A. D., 1939, and now of record in the Office of the Recorder of Deeds, in and for Sussex County, at Georgetown, --Delaware, in Deed Book No. 322, Page 188 &c., Reference there-unto being had will more fully and at large appear. Section 2. That the said land to be conveyed shall be used by the Town of Georgetown for the purpose of widening the street known as "Laurel Road" where the same intersects with the street known as "West Pine Street". Approved February 24, 1955. CHAPTER 3 REGARDING OFFENSIVE USE OF PROPERTY NEAR THE GOVERNOR BACON HEALTH CENTER AN ACT TO AMEND TITLE 16, DELAWARE CODE, IN RE-GARD TO OFFENSIVE USE OF PROPERTY NEAR THE GOVERNOR BACON HEALTH CENTER. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 5311 (a), Title 16, DelawareX71e, is amend-ed to read as follows: § 5311. Restriction on offensive use of property within three miles (a) No person shall erect or cause to be erected any structure, or use or cause to be used any structure or premises within a radius of three miles of the Governor Bacon Health Center for any of the following manufacturing activities : Pyroxylin manufacture or processing; the manu-facture of explosive or highly flammable cellulose products. Fireworks or explosives manufacture. Animal glue or animal gelatine manufacture. Reduction of garbage, offal, animals or fish on a commercial basis. Operation of a tannery. Organic fertilizer manufacture. However, nothing in this section shall prohibit the raising of poultry, or livestock, and the processing of the same, or the processing of farm produce, or the erection of any struc-ture or installation of any factilities, or the use of any struc- 7 8 ture, facilities, or premises, for a manufacturing or industrial use not specified herein. Approved February 25, 1955. CHAPTER 4 APPROPRIATION FOR ERADICATION OF BRUCELLOSIS AN ACT TO APPROPRIATE THE SUM OF FIFTY THOU-SAND DOLLARS TO THE STATE BOARD OF AGRICUL-TURE TO BE USED FOR THE PURPOSE OF ERADICA-TION OF BRUCELLOSIS IN CATTLE AND PAYING INDEMNITIES ON CONDEMNED ANIMALS. Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of fifty thousand dollars ($50,000) is appropriated to the State Board of Agriculture to be used for the purpose of eradicating Brucellosis in cattle and paying in-demnities on condemned animals during the remaining portion of the fiscal year ending June 30, 1955. Section 2. This Act shall be known as a supplementary appropriation and the funds hereby appropriated are to be paid out of the General Fund of the State Treasury from funds not otherwise appropriated. Any of the funds appropriated herein that are not expended during the fiscal year ending June 30, 1955 will revert to the General Fund of the State. Approved March 2, 1955. 9 10 CHAPTER 5 PLACING JURISDICTION AND CONTROL OF SUSSEX COUNTY PRISON IN THE LEVY COURT OF SUSSEX COUNTY AN ACT TO REPEAL CHAPTER 71, TITLE 11, OF THE DELAWARE CODE ENTITLED "SUSSEX COUNTY PRIS-ON, PRISON FARM, COURT HOUSE AND COURT HOUSE ANNEX" BY PLACING JURISDICTION AND CONTROL OF THE SUSSEX COUNTY PRISON, PRISON FARM, COURT HOUSE AND COURT HOUSE ANNEX IN THE LEVY COURT OF SUSSEX COUNTY. Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 71, Title 11, of the Delaware Code is hereby repealed. Section 2. Chapter 61, Title 9, Delaware Code of 1953, is amended by adding a new sub-chapter IV to be entitled "Sussex County Prison and Farm, Court House and Annex" as follows: § 6151. General powers, duties, and jurisdiction over the prison, prison farm, court house and court house annex The Levy Court shall have full and complete jurisdiction and control over the prison, prison farm and 'land leased in connection therewith, court house and court house annex ot Sussex County and over all personal property and equipment used in connection with the property committed to its jurisdic-tion; and, in this connection, the Levy Court shall have and assume all of the jurisdiction, powers and duties heretofore exercised by or vested in the Board of Trustees except as other-wise provided in this chapter. The Levy Court may acquire by lease, purchase or other-wise all necessary lands and buildings and all equipment, food, food stuffs, uniforms, clothing, books, ledgers, stationery and all other articles and things necessary for the carrying out of Chapter 5 11 the duties imposed by this chapter. All contracts and engage-ments for the erection or repair of buildings or for the purchase of equipment and supplies, where the probable amount shall be in excess of fifty dollars ($50.00), shall be submitted to public bidding after due advertising and shall be awarded to the lowest responsible bidder, unless for reasons deemed expedient by the Levy Court. § 6152. Employment of wardens and others The Levy Court may appoint, fix their terms of service and their compensation, and for cause deemed sufficient by the Levy Court, dismiss all wardens, deputies, guards, keepers, farm overseers, janitors, physicians, chaplains and other necessary agents and servants ; and it may provide the warden of the prison and such other deputies or assistants as it shall deem proper with food and living quarters at the prison farm. § 6153. Rules and regulations The Levy Court shall make and promulgate rules and regu-lations for The proper care, maintenance and operation of the prison, prison farm, court house, court house annex and other property and equipment; The behaviour, care and custody of the prisoners com-mitted to such prison ; The working of such prisoners on the prison farm or elsewhere ; and Compensating prisoners for their labor if it is deemed expedient, the payment of such compensation to be made to such prisoners during their term, withheld until the term of impris-onment shall have expired or be paid from time to time to their dependent families. § 6154. Crops from prison farm; proceeds from crops The Levy Court, with the advice of the farm overseer, shall determine the crops to be planted and grown on the prison farm 12 Chapter 5 or land held under lease and the acreage for each crop. The produce of the prison farm or the proceeds from the sale thereof shall be used so far as it be deemed expedient to feed the pris-oners committed to the prison. § 6155. Execution of punishment Corporal and capital punishment shall be executed by the warden of the prison. Section 3. This Act shall take effect thirty (30) days fol-lowing its enactment, into law, and by that date the Board of Trustees of the Prison, Prison Farm, Court House and Court-house Annex of Sussex County shall complete the transfer of all of its powers, duties and records to the Levy Court of Sussex County. Approved March 7, 1955. CHAPTER 6 FARMINGTON AN ACT TO AMEND THE CHARTER OF THE TOWN OF FARMINGTON BY INCREASING THE AMOUNT AU-THORIZED TO BE RAISED BY TAXATION AND BY CHANGING THE TAX ASSESSMENT REQUIREMENTS. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House thereof concurring therein): Section 1. Section 6, Chapter 194, Volume 25, Delaware Laws (1909) is amended by striking out the words "three hun-dred dollars" as they appear in the first sentence thereof and substituting the words "three thousand dollars". Section 2. Section 6, Chapter 194, Volume 25, Delaware Laws (1909) is further amended by striking out the second sentence of the second paragraph thereof and substituting the following sentence: It shall be the duty of the assessor of said town, within two weeks from his appointment, to make a true, just and impartial valuation and assessment of all the assessable real estate and assessable personal property within said town, and also an as-sessment of all the male citizens residing in said town above the age of twenty-one years, as well as those owning real estate as those not owning real estate, of not less than one dollar ($1.00) nor more than two dollars ($2.00) per head as tax, provided that all vacant lots, pieces and parcels of land within the limits of the town, as the limits may be determined and designated exceeding one acre in quantity, shall be exempt from taxation for the uses and purposes of said town of Farmington, but all such lots, and pieces and parcels of land exceeding an acre as aforesaid, having a dwelling thereon shall be assessed and taxed as and for one town lot, and the said assessor shall forthwith, after making such assessment, deliver to the Commissioners for the time being a duplicate containing the names of all persons 13 14 assessed and the amount of assessment, distinguishing the real and personal assessment of each. Approved March 21, 1955. 15 CHAPTER 7 APPROPRIATION ELLA M. FORREST AN ACT APPROPRIATING A CERTAIN SUM OF MONEY TO ELLA M. FORREST IN PAYMENT OF A CLAIM AGAINST THE STATE OF DELAWARE. WHEREAS, Ella M. Forrest was employed as a teacher at the Caesar Rodney Public School during the school year 1953-54; and WHEREAS, The said Ella M. Forrest was underpaid in the amount of $640.00 during said school year because of a misunderstanding about her teaching experience; NOW THERE-FORE Be it enacted by the General Assembly of the State of Delaware: Section 1. The State Treasurer is hereby directed to pay the sum of Six Hundred Forty Dollars ($640.00) to Ella M. Forrest in payment of the additional salary to which she was rightfully entitled for her services during the school year 1953-54. Section 2. This is a Supplementary Appropriation, and the sum hereby appropriated shall be paid by the State Trea-surer out of the General Fund of the State of Delaware. Approved March 24, 1955. 16 CHAPTER 8 APPROPRIATION VETERANS OF FOREIGN WARS AN ACT MAKING APPROPRIATIONS TO THE VETERANS OF FOREIGN WARS, DEPARTMENT OF DELAWARE, FOR THE FURNISHING OF SERVICES TO VETERANS AND THEIR DEPENDENTS. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all Members elected to each Hou86 concurring therein): Section 1. The sum of Eight Thousand Dollars ($8,000.00) is appropriated to the Veterans of Foreign Wars, Department of Delaware, Four Thousand Dollars ($4,000.00) for each of the fiscal years beginning July 1, 1955 and July 1, 1956. These sums shall be paid to the duly elected finance officer of said organization within three (3) months after the beginning of each fiscal year, the warrants for such sums to be signed by the finance officer and approved by the Auditor of Accounts. Section 2. The funds hereby appropriated shall be used to furnish services through a duly selected service officer to veterans of the armed forces of the United States. These serv-ices shall include the handling of claims as claims attorney and as a research specialist, any and all claims that any veteran or his dependents may have against the Federal Government of the United States as a result of service during a national emergency or in peace-time. The services shall further include services by said service officer as contact agent for all veterans for employment and/or rehabilitation ; assistance in procure-ment of State burial allowances ; the procurement and assign-ment of attorneys to assist deserving veterans in civil court cases and to act as an intermediary to procure assistance, finan-cial or otherwise, from State or private welfare organizations. Section 3. The Veterans of Foreign Wars, Department of Delaware, shall through its service officer present at the be-ginning of each biennial session of the General Assembly of Chapter 8 17 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 accomplishments during the preceding biennium, and also a detailed statement as to the expenditure of the appropriations hereby made. Section 4. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved March 24, 1955. 18 CHAPTER 9 RELATING TO BOOBY BRUSH OR STAKE BLINDS AN ACT TO AMEND CHAPTER 7, TITLE 7 OF THE DELA-WARE CODE RELATING TO BOOBY BRUSH OR STAKE BLINDS BY PROVIDING PENALTIES FOR VIOLA-TIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 747, Title 7 of the Delaware Code is amended by adding a new paragraph at the end thereof to read as fol-lows: "Any person who violates any of the provisions of this section shall be fined $10 for the first offense and $25 for each subsequent offense". Approved March 24, 1955. CHAPTER 10 APPROPRIATION INDUSTRIAL ACCIDENT BOARD AN ACT MAKING A DEFICIENCY APPROPRIATION TO THE INDUSTRIAL ACCIDENT BOARD FOR THE FIS-CAL YEAR ENDING JUNE 30, 1955. WHEREAS, there has been a steadily increasing number of new industrial plants, merchandise marts and large depart-ment stores located in the state; and WHEREAS, the peak employment period has caused a tremendous increase in the number of accident reports to be prepared by the staff of the Industrial Accident Board ; and WHEREAS, there are a greater number of cases being referred to the Board for hearing, resulting in more work to the already heavy demand the Board is making of its small staff ; and WHEREAS, the Board has a reputation of long standing for the insistence that all insurance carriers and self-insurers qualified to write workmen's compensation insurance in the State of Delaware meet their obligations promptly, thus re-quiring the Board to have a competent staff at all times and one which must be willing to cooperate with the large number of adjusters, attorneys and doctors, who at various times call on the Industrial Accident Board for assistance ; NOW, THERE-FORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of Thirty-Five Hundred Dollars ($3,500.00) is appropriated to the Industrial Accident Board to meet an anticipated deficiency for the fiscal year ending June 30, 1955. 19 20 Chapter 10 Section 2. The sum of money herein appropriated may be allocated to any of the various code allocations applicable to the regular budget of the Industrial Accident Board and shall not be confined to any particular one thereof. Section 3. This is a supplementary and deficiency appro-priation and the funds hereby appropriated are to be paid out of the General Fund of the State Treasury not otherwise appro-priated. Any of the funds appropriated herein that are not expended during the fiscal year June 30, 1955 will revert to the General Fund of the State. Approved March 25, 1955. CHAPTER 11 AUTHORIZING REGISTER OF WILLS FOR NEW CASTLE COUNTY TO PROCURE A NEW PRESS AND SEAL OF OFFICE AN ACT TO AUTHORIZE THE REGISTER OF WILLS IN AND FOR NEW CASTLE COUNTY TO PROCURE A NEW PRESS AND SEAL OF OFFICE. Be it enacted by the General Assembly of the State of Delaware: Section 1. That the Register of Wills in and for New Castle County, be and he is hereby authorized to procure for his office a new press and seal, said sea/ to be made of steel or brass of the same diameter as the present seal of his office and engraved with the same device, and when completed the said seal shall be taken, adjudged and deemed to be the seal of the said office of the said Register of Wills in and for New Castle County. Section 2. That when the said seal shall be so procured as aforesaid the said Register of Wills shall cause the present seal in his office to be broken and destroyed in the presence of the high sheriff of said County. Section 3. That the Levy Court of New Castle County shall pay the necessary costs and expenses of procuring the said new press and seal. Approved March 25, 1955. 21 22 CHAPTER 12 GEORGETOWN AN ACT TO AMEND AN ACT ENTITLED, "AN ACT AMEND-ING, REVISING AND CONSOLIDATING THE CHARTER OF THE TOWN OF GEORGETOWN", BEING CHAPTER 166, VOLUME 43, LAWS OF DELAWARE, AS AMENDED, BY AUTHORIZING THE TOWN COUNCIL OF GEORGE-TOWN TO RAISE BY TAXATION A SUM NOT IN EXCESS OF SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00) YEARLY TO CARRY ON THE GOVERN-MENT OF THE TOWN AND DEFRAY THE EXPENSES THEREOF. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each Branch concurring therein): Section 1. That Section 12 of Chapter 166, Volume 43, Laws of Delaware, as amended, be and the same is hereby fur-ther amended by striking out the ninth paragraph appearing in said Section and by inserting in lieu thereof the following new paragraph: "In furtherance and not in limitation of any existing Act empowering the Town Council to raise money by taxation, the Council shall have power and authority to raise by taxation a sum not exceeding Seventy-Five Thousand Dollars ($75,000.00) yearly to carry on the government of the Town and defray the expenses thereof, in addition to the amount raised by sewer rentals as hereinafter provided." Approved March 25, 1955. CHAPTER 13 AUTHORIZING DEPUTY STATE TREASURER TO SIGN BONDS AN ACT TO AMEND CHAPTER 27, TITLE 29, DELAWARE CODE, ENTITLED "STATE TREASURER", IN RELA-TION TO THE SIGNING OF BONDS AND NOTES OF THE STATE OF DELAWARE BY THE DEPUTY STATE TREASURER. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 2704, Chapter 27, Title 29, Delaware Code, is amended by adding at the end of said section the following subsection : (d) When authorized by written order of the State Trea-surer filed in the office of the Secretary of State, the deputy, in lieu of the State Treasurer, may sign any bonds or notes of the State of Delaware which are required by any law heretofore or hereafter adopted to be signed in the name of the State of Delaware by the State Treasurer. Approved March 28, 1955. 23 24 CHAPTER 14 PERTAINING TO JURORS AN ACT TO AMEND CHAPTER 45, TITLE 10, DELAWARE CODE, PERTAINING TO JURIES, BY CHANGING NUM-BER OF OFFENSES FOR WHICH PANEL OF NOT LESS THAN SIXTY-FOUR (64) JURORS IS REQUIRED. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 4517, Title 10, Delaware Code is amended to read as follows: § 4517. Number of jurors for certain criminal trials For the trial of any crime punishable by death or of the offense of being an accomplice to any such crime, not less than sixty-four (64) jurors shall, upon notice of the Sheriff to the Jury Commissioners, be drawn, summoned and returned ac-cording to the provisions of this Chapter for drawing, sum-moning and returning petit jurors. If the day assigned for such trial is at a time when the petit jury is in attendance upon the Superior Court for other civil or criminal cases, such jury shall constitute a part of the panel of the petit jurors sum-moned. Approved March 30, 1955, 25 CHAPTER 15 AUTHORIZING REBATE OF EXCISE TAX ON BEER SOLD TO AN INSTRUMENTALITY OF THE ARMED FORCES OF THE UNITED STATES AN ACT TO AMEND CHAPTER 5, TITLE 4 OF THE DELA-WARE CODE RELATING TO THE REBATE OF THE EXCISE TAX OF THIS STATE ON BEER SOLD TO AN INSTRUMENTALITY OF THE ARMED FORCES OF THE UNITED STATES. Be it enacted by the Genera/ Assembly of the State of Delaware: Section 1. Title 4 of the Delaware Code is amended by adding thereto a new section, to be designated § 582 and to read as follows : § 582. Tax exemption of instrumentalities of the United States Armed Forces The tax imposed by § 581 of this title upon beer shall be rebated to the instrumentality upon satisfactory proof being furnished to the Commission by affidavit or otherwise, as the Commission may determine, that such beer was sold to an in-strumentality of the Armed Forces of the United States en-gaged in resale activities to members of the Armed Forces pur-suant to regulations promulgated by the Secretaries of the military departments of the Department of Defense of the United States. Approved April 6, 1955. 26 CHAPTER 16 RELATING TO SETTLEMENT OF PERSONAL ESTATES AN ACT TO AMEND CHAPTER 23, TITLE 12, DELAWARE CODE, RELATING TO WIDOWS' ALLOWANCE AND THE SETTLEMENT OF PERSONAL ESTATES. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 2307 (b), Title 12, Delaware Code, is amend-ed by striking out the phrase "within six months from the date of the death of the decedent" as the same appears in said sub-section, and substituting in lieu thereof the phrase "within six months from the date of the granting of letters testamentary or of administration". Approved April 7, 1955. CHAPTER 17 RELATING TO TERMINATION OF PARENTAL RIGHTS AN ACT TO AMEND CHAPTER 11, TITLE 13, DELAWARE CODE RELATING TO THE TERMINATION OF PAR-ENTAL RIGHTS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 11, Title 13, Delaware Code is amended to read as follows : CHAPTER 11 TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN CONNECTION WITH PROCEEDINGS FOR ADOPTION OR PLACEMENT FOR ADOPTION § 1101. Definitions As used in this chapter- "Abandoned" shall be interpreted as referring to a child who, for a period of one year, has not received any financial help from or any visit from his parent or parents or any person having parental rights or responsibility and on whose behalf no contacts have been initiated by his parent or parents or any person having parental rights or responsibility; "Authorized agency" means any agency licensed by the State Department of Public Welfare of Delaware to place chil-dren for adoption ; "Child" means any male or female who has not attained his or her twenty-first birthday. § 1102. Jurisdiction and venue (a) The Orphans' Court shall have jurisdiction of pro-ceedings under this chapter to terminate parental rights. 27 28 Chapter 17 (b) A petition for termination of parental rights may be filed in the Orphans' Court of any of the following counties ; The county in which the petitioner resides; The county in which the organization having legal or physical care, custody or control of the child involved is located; The county in which the child involved is located. § 1103. Grounds for termination of parental rights The procedure for termination of parental rights for the purpose of adoption may be initiated whenever it appears that The mother of a child born out of wedlock, or the parent or parents of any child, or the person or persons or organization holding parental rights over such child, desires to relinquish such parental rights; or Any child has been abandoned; or The parent or parents of any child, or any person or persons holding parental rights over such child, are incom-petent by virtue of mental illness or feeble-mindedness; or The parent or parents of any such child, or any person or persons or organization holding parental rights over such child are not fitted to continue to exercise parental rights; or The mother of a child born out of wedlock is de-ceased, or that both parents of a child born in wedlock are deceased. § 1104. Persons eligible to petition for termination of parental rights A petition for the termination of parental rights may be filed by any of the following: Chapter 17 29 The mother only of a child born out of wedlock; Both parents of a child born in wedlock if both parents are living; The surviving parent of a child born in wedlock, if one parent is dead; The mother only, if her legal husband at the time of the conception of the child was not the natural father of the child. In absence of evidence to the contrary, a notarized statement of the legal husband that he is not the father of the child shall be prima facie proof thereof ; One parent alone if the other parent is incompetent by virtue of mental illness or feeble-mindedness, or has aband-oned the child; A blood relative of a child whose parents are de-ceased or who are incompetent by virtue of mental illness or feeble-mindedness, or who have abandoned the child, or who are not fitted to continue to exercise parental rights; Any person or persons having legal guardianship of the person of the child; An authorized agency or the State Department of Public Welfare. § 1105. Contents of petition (a) The petition for the termination of parental rights shall state the Name and place of residence of the petitioner or petitioners; Name, sex and date of birth of the child; Relationship of the petitioner or petitioners to the child, or the fact that no such relationship exists; 30 Chapter 17 Name and address of the mother if the child was born out of wedlock, or the names and addresses of the par-ents of the child if born in wedlock ; Name and last known address of the person or persons or organization holding parental rights and the name and address of the person or persons or organization having the care, control or custody of the child; Grounds for termination of parental rights; Name and address of the person or persons or of the authorized agency or officer thereof or the State Depart-ment of Public Welfare or officer thereof for whom or for which parental rights are requested. Any consents required in § 1106 of this chapter shall accompany the petition as exhibits. In any case in which a petition for the termination of parental rights has been filed and an authorized agency or the State Department of Public Welfare is a party to the proceed-ings, there shall be attached to the petition a social report. § 1106. Consent requirements; waiver of notice In the case of proceedings based on § 1103 (1) of this title: A petition for the termination of parental rights shall be accompanied by the duly notarized consent in writing of the person or persons or organization holding parental rights. The consent provided for in subsection (a) shall be required from The mother only of a child born out of wedlock ; Both parents of a child born in wedlock except as provided in subparagraph (3) if both parents are living, or from the survivor, if one is deceased, regardless of the marital status of the parents at the time the petition is presented; Chapter 17 31 The mother only, if her legal husband at the time of the conception of the child was not the natural father of the child. In the absence of evidence to the contrary, a notar-ized statement of the legal husband that he is not the father of the child shall be prima facie proof thereof. If such a notarized statement of the legal husband cannot be obtained, a notice of hearing shall be sent to him as provided in § 1107; Any other person or persons or organization hold-ing parental rights. If the individual in whom the right to consent exists is under the age of twenty-one years, this fact shall not be a bar to the giving of consent nor render the consent when given in-valid. Every petition shall be accompanied by a formal writ-ten consent executed by the person or persons or organization for whom or for which parental rights are requested. If the person or persons or organization holding par-ental rights wish to waive their right to any and all notice of hearing or right to appear at such hearing, the petition shall be accompanied by a notarized statement to this effect executed by the person or persons or organization holding parental rights. § 1107. Hearing procedure; notice of hearing; report (a) When a petition for the termination of parental rights is filed in which an authorized agency or the State De-partment of Public Welfare is a party to the proceedings, the Court shall set a date for a hearing thereon, and shall cause notice of the time, place and purpose of the hearing to be served upon the parent or parents, person or persons or organization holding parental rights at his or their last known address ; pro-vided, however, no such notice shall be necessary if a waiver executed by the parent or parents, person or persons or organi-zation holding parental rights has been filed with the petition, in accordance with the provisions of § 1106 (e) of this chapter. The Court may require notice to be served upon any other per-son or organization. 32 Chapter 17 If the Court shall find that personal service within the State of Delaware cannot be accomplished upon the parent or parents, person or persons or organization holding parental rights, the Court shall then cause notice of the time, place and purpose of the hearing to be published once a week, for three successive weeks, in such newspapers of the county, one or more, as the Court may judge best for giving the defendant notice, the form and wording of said notice to be approved by the Court. Such publication shall constitute conclusive evidence of service and the hearing will then proceed at the time and date set with or without the appearance of the parent or parents, person or persons or organization so notified. Personal service at any time prior to the hearing shall be sufficient to give jurisdiction. When a petition for termination of parental rights is filed and an authorized agency or the State Department of Public Welfare is not a party to the proceedings, the Court shall before any hearing order a social study and report on the peti-tion by the State Department of Public Welfare to be filed within sixty (60) days. The Court shall set a date for a hearing to take place after the report is to be filed and notice shall be accom-plished as outlined above. All hearings shall be held before the Court, privately, but, for reasons appearing sufficient to the Court, the hearing in any particular case may be public. § 1108. Order of termination and transfer of parental rights Should the Court find the termination of existing parental rights and their transfer to be in the best interests of the child, it shall make an order terminating such rights in the parent or parents, person or persons or organization in which they have existed and transferring them to some other person or persons, or authorized agency or the State Depart-ment of Public Welfare as may, in the opinion of the Court, be best qualified to receive them. If a child is abandoned by one parent only, the rights of such parent may be terminated without affecting the rights Chapter 17 33 of the other. § 1109. Appeal The petitioner, if the petition is not granted, or any person or organization whose parental rights have been terminated by the order, may, at any time within thirty (30) days after the making and entry of such decree, take an appeal therefrom to the Supreme Court. § 1110. Court costs All Court costs including costs of giving notice and adver-tising shall be paid by the petitioners. § 1111. Confidential nature of records All records and dockets pertaining to any termination shall be confidential and shall be kept by the Clerk of the Orphans' Court in a sealed container which shall be opened only by the order of a Judge of the Orphans' Court. Anyone wishing to inspect any of the papers filed in con-nection with any termination shall petition a Judge of the Orphans' Court setting forth the reasons for the inspection. The Judge may refer the petition to the State Department of Public Welfare or to an authorized agency for investigation and report. If, in the opinion of the Court, the information is necessary, and the interests of the child, the natural parents or the adoptive parents will not be prejudiced by its disclosure, the Court shall issue an order permitting the release of the infor-mation and setting forth the terms under which it shall be released. Approved April 7, 1955. 34 CHAPTER 18 CREATING A COUNCIL ON THE ADMINISTRATION OF JUSTICE AN ACT CREATING A COUNCIL ON THE ADMINISTRA-TION OF JUSTICE. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 10 of the Delaware Code is hereby amend-ed by adding a new chapter thereto to be numbered Chapter 20 and to be entitled "Council on the Administration of Justice" as follows: § 2001. Composition of Council A Council on the Administration of Justice of fifteen mem-bers is hereby created which shall consist of the following ex-officio and appointed members : The Chief Justice The Chancellor The President Judge of the Superior Court The President Pro-tern of the Senate The Speaker of the House The Minority Leader of the Senate The Minority Leader of the House The Attorney General The President of the Bar Association The President of the University of Delaware Chapter 18 35 Five (5) non-lawyers appointed by the Governor, at least one (1) to be appointed from each county. § 2002. Terms of Office Members of the Council shall hold office for the following terms : Ex-officio members of the Council, for the duration of their respective terms of office. The five (5) non-lawyer appointees of the Governor, for a term co-extensive with that of the appointing Governor. § 2003. Vacancies Vacancies shall be filled for the remainder of any term in the same manner as the original appointment. § 2004. Duties of Council It is the duty of the Council: To make a continuous study of the administration of jus-tice in this State, and of the organization, procedure, prac-tice, rules and methods of administration and operation of each and all of the courts of the State, whether of record or not of record. To receive and consider, and in its discretion, investigate criticisms and suggestions pertaining to the administra-tion of justice in the State. To collect and to make such use of statistical and other information concerning the work of the courts of the State as may, in its discretion, appear desirable. To recommend to the Governor, the General Assembly, the courts or to any officer or department, or to the Bar either upon request or upon the Council's own motion such changes in the law or in the rules, organizations, operation of methods of conducting the business of the 36 Chapter 18 courts, or with respect to any matter pertaining to the administration of justice as it may deem desirable. § 2005. Duty of State Officers to Render Reports The judges and clerks of the courts of the State, sheriffs, prosecuting attorneys, and other officers of the State and its sub-divisions shall render to the Council such reports as it may request on matters within the scope of its duties: § 2006. Biennial Report The Council shall on or before October 31 of the year immediately preceding each regular session of the General Assembly report to the Governor, and to the Legislative Refer-ence Bureau which shall submit the report to the members of the next General Assembly within ten (10) days of its con-vening. The report shall contain a statement of the activities of the Council and the work of the courts of the State and shall make any recommendations and suggestions the Council may have for the improvement of the administration of justice. The Council may publish such reports and on publication they shall become public records accessible to the public. § 2007. Expenses of Council The members of the Council shall not receive any compen-sation for services but shall be allowed and paid actual and necessary expenses incurred in the performance of their duties. Such expenses and the expenses of Council incurred in the administration of this act shall be allowed from the State Treasury out of any appropriation made for the purpose. § 2008. Rules and Regulations The Council shall have authority to adopt rules and regu-lations governing its organization and procedure. The Council may call upon the clerk of the Supreme Court to act as secretary and to perform other duties in aid of the work of the Council. Section 2. There is hereby appropriated from any moneys in the State Treasury not otherwise appropriated, the sum of Chapter 18 37 Seven Hundred Fifty Dollars ($750.00) for each of the fiscal years ending July 1, 1956, and July 1, 1957, for the purpose of carrying out the provisions of this act. Approved April 13, 1955. CHAPTER 19 RELATING TO PROBATION AN ACT TO AMEND CHAPTER 43, TITLE 11, DELAWARE CODE, RELATING TO PROBATION. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 4301, Title 11, of the Delaware Code is amend-ed to read as follows : § 4301. Probation Officers and Assistants The Superior Court may appoint a suitable person or persons in each of the counties of the State to perform the duties of Probation Officer as fixed by law, and such other duties, within or without the county of his residence, as the Court may direct. Each of such persons so appointed shall reside in the county for which he shall be appointed and shall hold office at the pleasure of the Superior Court. They shall be officers of the Court and shall receive as compensation annual salaries to be fixed by the Court. The Superior Court may also appoint not to exceed two Assistant Probation Officers in New Castle County, who shall have the same powers and perform the same duties as the Probation Officers. The Court may also appoint one or more office stenographers in any of the counties, if necessary, for the proper functioning of the office of the Probation Officer. The salary of any such Assistant Probation Officer or Officers and office stenographer or stenographers shall from time to time be fixed by the Court, and they shall hold office at the pleasure of the Court. They shall perform the duties prescribed by law or by order of the Court. In case of absence or disqualification of any Proba-tion Officer or Assistant Probation Officer the Superior Court may appoint a Probation Officer pro tempore who shall receive as compensation for each day's service a sum equal to the per diem compensation of the salary of the Probation Officer as Chapter 19 39 prorated. The compensation so paid for any excess over thirty (30) days' absence of any Probation Officer or Assistant Pro-bation Officer in any one year shall be deducted from the salary of such Probation Officer or Assistant Probation Officer. Section 2. §' 4303, Title 11, of the Delaware Code is amended to read as follows : § 4303. Compensation The Probation Officers and the Assistant Probation Officers shall be officers of the Superior Court. The Court shall certify to the respective Levy Courts and to the respective County Treasurers the names and addresses of the several persons ap-pointed to the offices and positions authorized by Section 4301 of this sub-chapter, the several dates of their appointments, and the compensation to be paid to them, and their salaries shall be paid in the same manner as the salaries of other county officers are paid. Section 3. This act shall take effect July 1, 1955. Approved April 13, 1955. 40 CHAPTER 20 RELATING TO STATE LIBRARY AN ACT TO AMEND SECTIONS 7305, 7306 AND 7307 OF TITLE 14 OF THE DELAWARE CODE, RELATING TO THE STATE LIBRARY. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 7305, § 7306 and § 7307 of Title 14 of the Delaware Code are amended to read as follows : § 7305. Librarian, duties of; rules The State Librarian shall keep a complete record of all books, pamphlets, documents and papers received for the State Library and properly label the same. The Librarian, with the approval of the Justices of the Supreme Court, may prescribe rules for the use of the Library and the borrowing of books and other material therefrom, including the imposition and col-lection of fines for undue detention thereof. § 7306. Purchase of law books The State Librarian shall expend annually under the direc-tion of the Justices of the Supreme Court, for the purchase of law books, such sum as the General Assembly may from time to time appropriate for the purpose. Such sum shall be disbursed upon the written order of the Librarian approved by any of the Justices of the Supreme Court. § 7307. Disposal of useless books and material The State Librarian is authorized, with the approval of a majority of the Justices of the Supreme Court, from time to time to offer for sale and sell an books the supply of which ex-ceeds the number needed for the Library and also from time to time to dispose of, by way of sale or exchange, or in any way whatever, such books and other material as are no longer needed or useful. Any money derived from the sale of such books shall Chapter 20 41 be deposited with the State Treasurer and credited to the Gen-eral Fund of the State. Approved April 13, 1955. osseamo 42 CHAPTER 21 RELATING TO DISINTERMENT OF BODIES IN CEMETERY AT TWELFTH AND MADISON STREETS IN WILMINGTON AN ACT TO AMEND AND SUPPLEMENT CHAPTER 33 OF VOLUME 49 LAWS OF DELAWARE, RELATING TO THE DISINTERMENT, REMOVAL AND REINTER-MENT OF BODIES IN THE CEMETERY LOCATED AT TWELFTH AND MADISON STREETS IN WILMING-TON. WHEREAS, Rebecca Gibbons and others, as described and set forth in a certain Indenture bearing date the 1st day of May, A. D. 1852, and recorded in the Office for the Recording of Deeds &c., in and for New Castle County, and State of Dela-ware, at Wilmington, in Deed Record K, Volume 6, page 508 &c., did by their said Indenture convey to the Right Reverend John N. Newmann, Roman Catholic Bishop of Philadelphia, certain real estate in the City of Wilmington, New Castle County, and State of Delaware, bounded in part by Twelfth, Jefferson and Madison Streets, and more particularly described in said Indenture, under and subject to such uses and trusts as are set forth in said Indenture; and WHEREAS, George Jack and Georgina Jack, his wife, by Indenture bearing date the 15th day of October, A. D. 1870, and recorded in the Office for the Recording of Deeds &c., in and for New Castle County, and State of Delaware, at Wil-mington, in Deed Record E, Volume 9, Page 376 &c., did con-vey to the Right Reverend Thomas A. Becker, D. D., Bishop of Wilmington, other real estate now in the City of Wilmington, New Castle County, and State of Delaware, and adjacent to the lands described in the aforementioned Indenture of Rebecca Gibbons and others, and more particularly described in the said Indenture of said George Jack and Georgina Jack, his wife, under and subject to the uses and trusts as set forth in said Indenture; and WHEREAS, all right, title and interest to the real estate described in the aforementioned Indentures have, by mesne Chapter 21 43 conveyances, been vested in "Cathedral Cemetery Company of Wilmington, Delaware", a corporation organized and existing pursuant to an Act of the General Assembly, passed at Dover, March 10, 1881, the said Act being of record in the Office of the Secretary of State of the State of Delaware; and WHEREAS, by the latter part of the nineteenth century all of the lots in said cemetery had been utilized for burial purposes and there was no further space then remaining for burial of the dead of the Roman Catholic Faith therein except for members of families holding lots, necessitating acquisition by the Cathedral Cemtery Company of Wilmington, Delaware, of other lands for cemetery purposes and the burial of the dead of the Roman Catholic Faith therein; and WHEREAS, by Orders of Ordinaries of the Diocese of Wil-mington, no burials thereafter took place in said cemetery at Twelfth and Madison Streets in Wilmington, nor have burials been permitted therein except in certain isolated instances, and for many years last past; and WHEREAS, the effect of the afore-related conditions and circumstances resulted in a practical abandonment of said grounds at Twelfth and Madison Streets in Wilmington for cemetery purposes, and said cemetery became neglected inas-much as there were no funds available to adequately and prop-erly keep and maintain the said cemetery; and WHEREAS, there were daily intrusions and acts of dese-cration and nuisances on the said grounds and the continued use of said grounds as a cemetery became and was dangerous to the Public Health, Comfort, Safety and We/fare of the Citizens and Inhabitants of this State living in the vicinity thereof; and WHEREAS, application was made to the 117th General Assembly of the State of Delaware for the enactment of appro-priate legislation and the said General Assembly finding and determining that it was necessary in the interest of the preser-vation of the Public Health, Comfort, Safety and Welfare of said Citizens and Inhabitants, and in the suppression of nuis- 44 Chapter 21 ances enacted legislation now appearing and being as Chapter 33, Volume 49 Laws of Delaware, to which reference is hereby made ; and WHEREAS, pursuant to said Act of the General Assembly, the Cathedral Cemetery Company of Wilmington, Delaware, thereafter proceeded to and did disinter, remove, and reinter those bodies that were then in said cemetery grounds ; and WHEREAS, doubt has recently been raised as to the valid-ity of Chapter 33, Volume 49 Laws of Delaware, and the legal propriety of the removal of said bodies in that said Chapter 33 of Volume 49 Laws of Delaware was adopted by the 117th General Assembly without that General Assembly making an express finding and determination that the termination of the use of the aforesaid premises at Twelfth and Madison Streets in Wilmington for cemetery purposes, and the disinterment, removal, and reinterment of the bodies that were then in said cemetery grounds were necessary in the interest of the preser-vation of the Public Health, Comfort, Safety and Welfare of said Citizens and Inhabitants, and in the suppression of nuis-ances, and because the bodies were disinterred, removed and reinterred before the publication of the notice provided in said Chapter 33, Volume 49 Laws of Delaware, now THEREFORE, in order to correct and clarify said Law and the action by the Cathedral Cemetery Company of Wilmington, Delaware, in con-sequence of its enactment, and to remove any doubt as to the validity thereof and the propriety of said action, Be it enacted by the General Assembly of the State of Delaware: Section 1. That the General Assembly hereby finds and determines that the abandonment of the aforesaid grounds at Twelfth and Madison Streets in Wilmington as a cemetery, and the disinterment, removal and reinterment of bodies therefrom in other property of the Cathedral Cemetery Company of Wil-mington, Delaware, is and was necessary because any further and continued use of the said grounds as a cemetery had become, was and is dangerous to the Public Health, Comfort, Safety and Welfare of the Citizens and Inhabitants of this State living in Chapter 21 45 the vicinity thereof, and that it was and is necessary to abandon said cemetery ground and to disinter, remove and reinter said bodies in other cemetery property of the Cathedral Cemetery Company of Wilmington, Delaware, in the interest of the pres-ervation of the Public Health, Comfort, Safety and Welfare of such Citizens and in the suppression of said nuisances. Section 2. The disinterment and removal of the bodies from said cemetery and reinterment thereof in other property of the Cathedral Cemetery Company of Wilmington, Delaware, prior to the publication of the notice directed in Section 2 of Chapter 33, Volume 49 Laws of Delaware, be and they are here-by, in all respects, approved, ratified and confirmed. Approved April 13, 1955. 46 CHAPTER 22 PROVIDING FOR CLOSING OF POLLS AT EIGHT O'CLOCK A.N ACT TO AMEND CHAPTER 49, TITLE 15, OF THE DELAWARE CODE, BY PROVIDING THAT THE POLLS SHALL BE OPEN FROM SEVEN O'CLOCK A. M. UNTIL EIGHT O'CLOCK P. M. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 4931, Title 15 of the Delaware Code, is amend-ed by striking out the words "between the hours of seven and seven-thirty o'clock" and inserting in lieu thereof the words "at seven o'clock". Section 2. § 4954, Title 15 of the Delaware Code is amend-ed by striking out the words "six o'clock in the afternoon" and inserting in lieu thereof the words "eight o'clock P. M." Approved April 13, 1955. CHAPTER 23 HARTLY AN ACT TO AMEND THE CHARTER OF THE TOWN OF HARTLY; CHAPTER 152, VOLUME 29, LAWS OF DELAWARE, BY INCREASING THE AMOUNT PER-MITTED TO BE RAISED IN TAXES. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members of each Branch thereof concurring therein): Section .1. Chapter 152, Volume 29, Laws of Delaware, is amended by striking out of Section 6 of said Chapter the words "Three Hundred Dollars" where the same appears in the fourth line of the first paragraph of said Section and inserting in lieu thereof the words and figures "One Thousand Dollars ($1,000.00)". Approved April 13, 1955. 47 48 CHAPTER 24 DIRECTING ERECTION OF WAR MEMORIAL ADJACENT TO DELAWARE MEMORIAL BRIDGE AN ACT AUTHORIZING THE STATE HIGHWAY DEPART-MENT TO EXECUTE TRUST INDENTURES WITH TRUSTEES, AUTHORIZING THE CREATION OF A WAR MEMORIAL FUND AND THE TRANSFER AND ALLOCATION OF MONIES THERETO, AND DIRECT-ING THE STATE HIGHWAY DEPARTMENT TO CON-STRUCT A MEMORIAL ADJACENT TO THE DELA-WARE MEMORIAL BRIDGE TO COMMEMORATE THE SUPREME SACRIFICE OF THE RESIDENTS OF THE STATE OF DELAWARE AND OF THE STATE OF NEW JERSEY WHO DIED WHILE SERVING IN THE ARMED FORCES OF THE UNITED STATES DURING WORLD WAR II AND DURING THE KOREAN CAMPAIGN AND TO HONOR THE PERSONS WHO LOST THEIR LIVES IN THE CONSTRUCTION OF THE DELAWARE MEMOR-IAL BRIDGE. WHEREAS, the people and the government of the State of Delaware are bound by a debt of eternal gratitude to each of the residents of the State of Delaware who has made the supreme sacrifice of laying down his life in defense of the United States in World War II and in the Korean Campaign; and WHEREAS, the presently existing facilities of the Dela-ware Memorial Bridge are inadequate to honor, in a befitting and appropriate manner, each of the heroes of the State of Delaware who died in World War II and in the Korean Cam-paign; and WHEREAS, the Delaware Memorial Bridge has been erect-ed and dedicated to the memory of the residents of the State of New Jersey, as well as the residents of the State of Delaware, who lost their lives while serving in the armed forces of the United States in defense of the United States ; and WHEREAS, the persons who lost their lives in the con-struction of the Delaware Memorial Bridge died to honor heroes Chapter 24 49 of the State of Delaware and of the State of New Jersey and to advance the Welfare of humanity; and WHEREAS, it is fitting that a suitable memorial be erected to honor the aforesaid departed heroes and to inspire all men now living, as well as posterity, to preserve, protect and to defend forever the sacred institutions for which these departed heroes gave their last full measure of devotion; NOW THERE-FORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. The State Highway Department is hereby au-thorized, empowered and directed to erect a fitting and suitable memorial, to be installed and forever preserved and maintained, for memorial purposes only, adjacent to the Delaware Memorial Bridge, in New Castle County, in commemoration of the supreme sacrifice of all the residents of the State of Delaware and of the State of New Jersey who died while serving in the armed forces of the United States during World War II and during the Korean Campaign and in honor of all the persons who lost their lives in the construction of the Delaware Memorial Bridge. Section 2. The memorial shall contain plaques, or slabs of marble, bronze or other suitable material which shall be in-scribed as follows : One plaque or slab shall contain the names of all the residents of the State of Delaware who died while serving in the armed forces of the United States during World War II; One plaque or slab shall contain the names of all the residents of the State of Delaware who died while serving in the armed forces of the United States during the Korean Campaign; One plaque or slab shall contain the names of all the persons who lost their lives in the construction of the Delaware Memorial Bridge; One plaque or slab shall pay tribute, in an appropriate manner, to all the residents of New Jersey who died while serv- 50 Chapter 24' ing in the armed forces of the United States during World War II; E. One plaque or slab shall pay, tribute, in an appropriate manner, to all the residents of the State of New Jersey who died while serving in the armed forces of the United States during the Korean Campaign. Section 3. The State Highway Department and the Trustee or Trustees created and existing under trust indentures to se-cure revenue bonds of the Delaware Memorial Bridge are hereby authorized to execute trust indentures, or supplements to exist-ing trust indentures, to create for this purpose a fund, not in excess of One Hundred Thousand Dollars ($100;000.00), and hereinafter called THE WAR MEMORIAL FUND. The State Highway Department and said Trustee or Trus-tees are further authorized and empowered to transfer and to allocate, by means of trust indenture, to said WAR MEMORIAL FUND, monies not in excess of One Hundred Thousand Dollars ($100,000.00) from any other funds or accounts which the State Highway Department and/or said Trustee or Trustees now maintain for construction, maintenance or operation of the Dela-ware Memorial Bridge and/or from tolls, rents, charges or reve-nues derived, or which shall be derived, from operation of the Delaware Memorial Bridge. No monies from this WAR MEM-ORIAL FUND shall be spent, transferred or allocated for any other purpose until the construction and installation of said memorial is completed. Section 4. The State Highway Department is hereby au-thorized and directed to defray all costs and ,expenses for this purpose out of the said WAR MEMORIAL FUND, including any costs or expenses for architectural plans or designs, which have heretofore been incurred for this purpose and which costs and expenses remain unpaid, and for which monies have not been heretofore appropriated. In the event that procedures set forth herein providing monies for said WAR MEMORIAL FUND shall be declared unconstitutional by a competent court, then, and in that event this act shall be void. Chapter 24 51 Section 5. All acts or parts of acts inconsistent with any of the provisions of this act are hereby repealed. Approved April 14, 1955. 52 CHAPTER 25 APPROPRIATION FIRE COMPANIES AN ACT APPROPRIATING MONEY TO CERTAIN FIRE COMPANIES IN THE STATE OF DELAWARE. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the Members of each House concurring therein): Section 1. That to each and every Fire Company in the State of Delaware, outside the limits of the City of Wilmington, which was on the first day of July, A. D. 1954, and is now duly organized and equipped for the fighting of fires, there is here-by appropriated the sum of Seventeen Hundred Fifty Dollars ($1750.00) annually for each of the fiscal years beginning July 1, 1955, and beginning July 1, 1956, to be used for the preven-tion and extinguishment of fires throughout the State and for the maintenance of apparatus and equipment. The said sum of Seventeen Hundred Fifty Dollars ($1750.00) shall be paid by the State Treasurer to each of the said Fire Companies within three months after the beginning of each of said fiscal years ; and a certificate of the Secretary of Delaware Volunteer Firemen's Association to the effect that a Fire Company was on the first day of July, A. D. 1954, and is now duly organized and equipped for the fighting of fires shall be sufficient authority for the payment of said sum of Seventeen Hundred Fifty Dollars ($1750.00) by the State Treasurer to said Fire Company. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved April 18, 1955. 53 CHAPTER 26 APPROPRIATION DISABLED AMERICAN VETERANS AN ACT APPROPRIATING MONEY TO THE DISABLED AMERICAN VETERANS OF DELAWARE. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the Members elected to each House concurring therein): Section 1. That the sum of One Thousand Dollars ($1,000.00) is appropriated to the Disabled American Veterans of Delaware for operation expenses for the biennium begin-ning July 1, 1955 and ending June 30, 1957. Five Hundred Dol-lars ($500.00) of said sum shall be paid within three months after July 1, 1955 and a like sum of Five Hundred Dollars ($500.00) shall be paid within three months after July 1, 1956 to the service officer. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved April 18, 1955. 54 CHAPTER 27 APPROPRIATION PALMER HOME, INCORPORATED AN ACT APPROPRIATING CERTAIN MONEY TO PALMER HOME, INCORPORATED. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the Members elected to each House thereof concurring therein): Section 1. The sum of Eight Thousand Seven Hundred Dollars ($8,700.00) is appropriated to Palmer Home, Incor-porated, a corporation of the State of Delaware, for the care and maintenance of old age persons at the Old Folk's Home at Dover, and for operation for the biennium beginning July 1, 1955 and ending June 30, 1957. Four Thousand Three Hun-dred and Fifty Dollars ($4,350.00) of said sum shall be paid within three months after July 1, 1955 and a like sum of Four Thousand Time Hundred and Fifty Dollars ($4,350.00) shall be paid within three months after July 1, 1956. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved April 18, 1955. CHAPTER 28 APPROPRIATION AMERICAN LEGION, SUSSEX POST AN ACT APPROPRIATING MONEY TO AMERICAN LEGION, SUSSEX POST NUMBER 8, IN SUSSEX COUNTY, WITH WHICH TO OPERATE AND MAINTAIN AN AMBU-BULANCE. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the Members elected to each House thereof concurring therein): Section 1. There is appropriated unto the American Leg-ion, Sussex Post Number 8, in Sussex County, the sum of Seven Hundred Fifty Dollars ($750.00) annually for each of the fiscal years beginning July 1, 1955, and beginning July 1, 1956, to be used for the operation and maintenance of its ambulance in the public service. Section 2. Said sum of Seven Hundred Fifty Dollars ($750.00) annually, shall be paid by the State Treasurer to said American Legion, Sussex Post Number 8, in Sussex County, within three months after the beginning of each of said fiscal years ; and a certificate of the Secretary of said American Legion, Sussex Post Number 8, in Sussex County, to the effect that said Post does operate and maintain an ambulance in the public service shall be sufficient authority for the payment of said sum of Seven Hundred Fifty Dollars ($750.00) by the State Treasurer to said Post. Section 3. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved April 18, 1955. 55 56 CHAPTER 29 APPROPRIATION AMERICAN LEGION AN ACT APPROPRIATING MONEY TO THE AMERICAN LEGION, DEPARTMENT OF DELAWARE. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all Members of each House con-curring therein): Section 1. The sum of Four Thousand Dollars ($4,000.00) is appropriated to the American Legion, Department of Dela-ware, for operation expenses for the biennium beginning July 1, 1955 and ending June 30, 1957. Two Thousand Dollars ($2,000.00) of said sum shall be paid within three months after July 1, 1955 and a like sum of Two Thousand Dollars ($2,000.00) shall be paid within three months after July 1, 1956, 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 is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved April 18, 1955. CHAPTER 30 APPROPRIATION DELAWARE SOCIETY FOR 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 General Assembly of the State of Delaware (three-fourths of all the Members elected to each House concurring therein): Section 1. The sum of Two Thousand Dollars ($2,000.00) is appropriated to the Delaware Society for the Prevention of Cruelty to Animals, for the biennium beginning July 1, 1955 and ending June 30, 1957, for salaries, wages and operational costs. One Thousand Dollars ($1,000.00) of said sum shall be paid within three months after July 1, 1955, and a like sum of One Thousand Dollars ($1,000.00) shall be paid within three months after July 1, 1956. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved April 18, 1955. 57 CHAPTER 31 APPROPRIATION CERTAIN FIRE COMPANIES WHO OPERATE RESCUE TRUCKS AN ACT APPROPRIATING MONEY TO CERTAIN FIRE COMPANIES IN THE STATE OF DELAWARE WHICH MAINTAIN AND OPERATE A RESCUE TRUCK. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the Members elected to each House thereof concurring therein): Section 1. 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. 1955, maintain and operate and does continue to maintain and operate a rescue truck for the purpose of public service, there is appropriated the sum of Seven Hundred Fifty Dollars ($750.00) annually for each fiscal year beginning July 1, 1955, and beginning July 1, 1956, to be used for the maintenance and operation of said rescue truck in the public service. Section 2. The said sum of Seven Hundred Fifty Dollars ($750.00) shall be paid by the State Treasurer to each of the said Fire Companies maintaining and operating a rescue truck in the public service within three months after the beginning of each of said fiscal years, and a certificate of the Secretary of the Delaware Volunteer Firemen's Association to the effect that the Fire Company did on the first day of June, A. D., 1955, and does continue to maintain and operate a rescue truck in the public service shall be sufficient authority for the payment of said sum of Seven Hundred Fifty Dollars ($750.00) by the State Treasurer to said Fire Company. Section 3. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved April 18, 1955. CHAPTER 32 PROVIDING A SPEED LIMIT IN SCHOOL ZONES 59 AN ACT TO AMEND CHAPTER 41, TITLE 21, DELAWARE CODE, RELATING TO MOTOR VEHICLES BY PROVID-ING A SPEED LIMIT IN SCHOOL ZONES. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 4126 (a), (2), Title 21, Delaware Code, is amended by adding thereto a new subsection to be known as (D), to read as follows: "(D) 20 miles per hour in all school zones." Approved April 18, 1955. 60 CHAPTER 33 APPROPRIATIONS AMERICAN LEGION AN ACT MAKING APPROPRIATIONS TO THE AMERICAN LEGION, DEPARTMENT OF DELAWARE, FOR THE FURNISHING OF SERVICES TO VETERANS AND THEIR DEPENDENTS. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the Members elected to each House concurring therein): Section 1. The sum of Eight Thousand Dollars ($8,000.00) is appropriated to the American Legion, Department of Dela-ware, Four Thousand Dollars ($4,000.00) for each of the fiscal years beginning July 1, 1955 and July 1, 1956. These sums shall be paid to the duly elected finance officer of said organization within three (3) months after the beginning of each fiscal year, the warrants for such sums to be signed by the finance officer and approved by the Auditor of Accounts. Section 2. The funds hereby appropriated shall be used to furnish services through a duly selected service officer to veterans of the armed forces of the United States. These serv-ices shall include the handling of claims as claims attorney and as a research specialist, any and all claims that any veteran or his dependents may have against the Federal Government of the United States as a result of service during a national emergency or in peace-time. The services shall further include services by said service officer as contact agent for all veterans for employment and/or rehabilitation ; assistance in procure-ment of State burial allowances ; the procurement and assign-ment 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 organi-zations. Section 3. The American Legion, Department of Dela-ware, shall through its service officer present at the beginning Chapter 33 61 of each biennial 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 accomplishments during the preceding biennium, and also a detailed statement as to the expenditure of the appro-priations hereby made. Section 4. This Act is a supplementary appropriation and the money appropriated shall be paid out of the General Fund of the State of Delaware by the State Treasurer. Approved April 18, 1955. 62 CHAPTER 34 APPROPRIATION BOARD OF EDUCATION AN ACT MAKING AN APPROPRIATION TO THE STATE BOARD OF EDUCATION TO PROVIDE FOR THE PAY-MENT OF COSTS AND EXPENSES OF TRANSPORTA-TION OF SCHOOL PUPILS OVER AND ABOVE THE PRESENT APPROPRIATIONS AVAILABLE TO THE STATE BOARD OF EDUCATION FOR SUCH PURPOSES. WHEREAS, present appropriations available to the State Board of Education are inadequate to meet the necessary and extraordinary expenses of the transportation of school pupils for the remainder of the fiscal year ending June 30, 1955; THEREFORE, be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That there is hereby appropriated to the State Board of Education the sum of THIRTY THOUSAND DOL-LARS ($30,000.00) to be used only for the purpose of paying costs of transportation incurred during the year ending June 30, 1955. Section 2. That the funds hereby appropriated shall be available during the fiscal year ending June 30, 1955. Section 3. This Act shall be known as a Supplementary Appropriation Act, and the funds hereby appropriated are to be paid out of the General Fund of the State Treasury from funds not otherwise appropriated. Section 4. This Act shall become effective upon the signa-ture of the Governor. Approved April 18, 1955. 63 CHAPTER 35 APPROPRIATION VETERANS OF FOREIGN WARS AN ACT APPROPRIATING MONEY TO THE VETERANS OF FOREIGN WARS, DEPARTMENT OF DELAWARE. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the Members elected to each House concurring therein.): Section 1. The sum of Three Thousand Dollars ($3,000.00) is hereby appropriated to the Veterans of Foreign Wars, De-partment of Delaware, for operation expenses for the bien-nium beginning July 1, 1955 and ending June 30, 1957. Fifteen Hundred Dollars ($1500.00) of said sum shall be paid within three months after July 1, 1955 and a like sum of Fifteen Hundred Dollars ($1500.00) shall be paid within three months after July 1, 1956, to the duly elected Finance Officer of the Veterans of Foreign Wars, Department of Delaware, upon warrants signed by the said Finance Officer and approved by the Auditor of Accounts. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved April 18, 1955. 64 CHAPTER 86 INCREASING TERM OF CONSTABLES AN ACT TO AMEND SECTION 2710 (a), TITLE 10, DELA-WARE CODE, BY INCREASING THE TERM OF OFFICE OF CONSTABLES, APPOINTED BY THE LEVY COURTS. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 2710 (a), Title 10, Delaware Code, is hereby amended by striking out the word "one" in the second line of said subsection and inserting in lieu thereof the word "two". Approved April 18, 1955. CHAPTER 37 RELATING TO APPOINTMENT OF NOTARIES FOR SERVICE ORGANIZATIONS AN ACT TO AMEND CHAPTER 43, TITLE 29, DELAWARE CODE, RELATING TO THE APPOINTMENT OF NOTAR-IES FOR CERTAIN SERVICE ORGANIZATIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 4304 (a), Chapter 43, Title 29, Delaware Code, amended to read as follows: (a) The Governor may, upon the request of the Depart-ment Commander of the Spanish-American War Veterans, of the Veterans of Foreign Wars of the United States, of the Disabled American Veterans, and of the American Legion, appoint one (1) notary public for each of the organizations for a term of four (4) years, without cost to such appointees or to the Commanders or to the organizations, in any such ap-pointments. Approved April 18, 1955. 65 CHAPTER 38 APPROPRIATION DEPARTMENT OF PUBLIC WELFARE AN ACT TO APPROPRIATE FUNDS TO THE DEPARTMENT OF PUBLIC WELFARE FOR THE FISCAL YEAR END-ING JUNE 30, 1955. WHEREAS, caseloads of the Department of Public Welfare have increased to a point not foreseen when appropriations, regular and contingency, were approved by the 117th General Assembly, AND WHEREAS, the Department of Public Welfare is charged by law to provide assistance and care compatible with decency and health to the eligible needy of the State of Delaware, AND WHEREAS, funds appropriated for the fiscal year ending June 30, 1955, are not sufficient to provide for the needs of these rising caseloads, NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. The Department of Public Welfare is appro-priated the sum of $45,899 to meet these unforeseen needs dur-ing the fiscal year ending June 30, 1955 to be used as follows: $26,945 for Aid to Dependent Children GrantsState's share, $16,910 for Child Welfare Services Direct CareState's share; and $2,044 for Medical GrantsPublic Assistance, State's share. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved April 20, 1955. CHAPTER 39 PROCEDURES FOR TERMINATION OF SERVICES OF PROFESSIONAL EMPLOYEES AN ACT TO AMEND TITLE 14, DELAWARE CODE, BY ADDING THERETO A NEW CHAPTER ENTITLED "PROCEDURES FOR THE TERMINATION OF SERV-ICES OF PROFESSIONAL EMPLOYEES", AND BY RE-PEALING CERTAIN PROVISIONS OF TITLE 14. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 14, Delaware Code, is amended by re-pealing all of sections 747, 748, 977, and 978 thereof, and by adding thereto a new chapter to be designated as Chapter 14 as follows: CHAPTER 14 PROCEDURES FOR THE TERMINATION OF SERVICES OF PROFESSIONAL EMPLOYEES. Subchapter IGeneral Provisions § 1401. Definitions As used in this chapter"Board" means a Board of Edu-cation of a Special School District, a Board of School Trustees, the Board of Public Education in Wilmington, and the State Board of Education ; "Teacher" means and includes all persons certificated to teach and who are employed within the free public school sys-tem of this State as teachers, instructors, principals, superin-tendents, supervisors, or in any other educational position for which the employing board requires certification. § 1402. Formal Communications All formal communications between the teacher and the terminating board provided for in this chapter shall be by registered mail. 67 68 Chapter 39 § 1403. Application of chapter The Provisions set forth in Sections 1411, 1412, 1413 and 1414 hereof covering reasons for termination, notice of termi-nation, hearings before a Board and judicial review shall apply to all teachers except those employed temporarily to replace professional personnel on leave of absence, those holding tema porary certificates, and those not having completed three years of service in the State, two years of which shall be in the employ of the terminating board. § 1404. Effective date This Act shall become effective on July 1, 1956. Subchapter IITermination of Services at the End of the School Year § 1410. Notice of intention to terminate services In the event that any board desires to dispense with the services ,of any teacher, such board shall give notice in writing to such teacher on or before the first day of May of any year of its intention to terminate said teacher's services at the end of such school year. Such written notice shall state the reasons for such intended termination of services, and shall be accom-panied by a copy of this act. § 1411. Reasons for termination Termination at the end of the school year shall be for one or more of the following reasons : immorality; misconduct in office; incompetency ; disloyalty ; neglect of duty; willful and persistent insubordination; a reduction in the number of teach-ers required as a result of decreased enrollment or a decrease in education services. The board shall have a power to suspend any teacher pending a hearing if the situation warrants such action. § 1412. Notice of termination In the event that a teacher fails to exercise his right to a hearing, as herein provided, the aforesaid notice of intent to terminate services shall be construed as a notice of termination. !?I Chapter 39 69 § 1413. Hearing by terminating board In the event that a teacher so notified shall, within ten (10) days after the receipt of written notice of intention to termin-ate services, request in writing an opportunity to be heard by the terminating board, the board shall set a time for such hear-ing to be held within twenty-one (21) days after the date of receipt of said written request, and the board shall give the teacher at least fifteen (15) days' notice in writing of the time and place of such hearing. The hearing shall be conducted by a majority of the members of the board and shall be confined to the aforementioned written reasons as stated in the board's written notice of the board's intention to terminate the teacher's services. The conduct of such hearings and such rules of pro-cedure as may be found necessary shall be left entirely to the discretion of the Board provided that: The teacher shall have the option to indicate whether or not he wishes the hearing to be public, by so stating in his written request for a hearing, otherwise the hearing shall be private. The teacher may be represented by counsel. The teacher and the Board may subpoena witnesses. Subpoenas shall be issued by the Secretary of the Board upon written request, and such subpoenas shall be directed to the Sheriff of the County where the witness resides or is employed within the State, and upon service of such subpoena, the witness shall be compelled to appear subject to the same penalties for failure to appear that govern subpoena proceedings before the Superior Court of the State of Delaware. The teacher and the Board and counsel for each may cross-examine witnesses. Testimony before the Board shall be under oath. The Testimony to be heard shall be confined to the reasons stated in the written notice of intent to terminate serv-ice. Any evidence shall be admissable during the hearing which 70 Chapter 39 is adjudged by the Board to be pertinent to the reasons con-tained in the written notice which the teacher received and which stated the reasons for dismissal. A stenographic record of the hearing shall be taken and prepared by a qualified court stenographer and paid for by the Board, and shall be supplied to the teacher and the Board within ten (10) days following the conclusion of the hearing. The decision of the Board shall be submitted in writ-ing to the teacher within fifteen (15) days following the con-clusion of the hearing. If the decision is in favor of the teacher, he shall be fully reinstated and shall receive all salary lost as a result of his temporary dismissal or suspension. § 1414. Judicial review A decision of the Board shall be final and conclusive unless, within ten days after a copy thereof has been received by the teacher, the teacher appeals to the Superior Court for the county in which the teacher was employed. In case of every such appeal, the cause shall be determined by the Court from the record which shall include a certified copy of the evidence, find-ings and the decision of the Board, without the aid of a jury. The notice of appeal and all other matters regulating the appeal shall be in the form and according to the procedure as shall be provided by the Rules of the Superior Court. The Court shall decide all relevant questions of law and all other matters in-volved, and shall sustain any board action, findings and con-clusions supported by substantial evidence. The Court may re-verse, affirm or modify the decision of the Board or remand the cause to the Board for a rehearing. In case any cause shall be remanded to the Board for a rehearing, the procedure and the rights of all parties to such cause shall be the same as in the case of the original hearing before the Board. If the decision is in favor of the teacher, he shall be fully reinstated and shall receive all salary lost as a result of his temporary dismissal or suspension. Chapter 39 71 Subchapter IIITermination of Services During the School Year § 1420. Reasons for termination; rights of teacher Termination of any teacher's services during the school year shall be for one or more of the following reasons : immor-ality; misconduct in office ; incompetency; disloyalty; neglect of duty, or willful and persistent insubordination. Such teacher shall be given the same opportunity to be heard and right of appeal as provided in Sections 1412, 1413, and 1414, and the board shall give notice in writing to such teacher of its inten-tion to terminate the services of such teacher at least thirty (30) days prior to the effective date of termination. Such writ-ten notice shall state the reasons for such termination of serv-ices. The board shall have the power to suspend any teacher pending a hearing if the situation warrants such action. Section 2. The State Board of Education shall provide in its regular budget for such sums as they shall estimate to be necessary to defray the expenses of such proceedings. Approved April 20, 1955. 72 CHAPTER 40 RELATING TO ABANDONED REFRIGERATORS AN ACT TO AMEND SUBCHAPTER XIII, CHAPTER 3, TITLE 11, DELAWARE CODE, BY REQUIRING CER-TAIN PRECAUTIONS WITH REGARD TO ABANDON-ED REFRIGERATORS AND IMPOSING PENALTIES FOR VIOLATIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Subchapter XIII, Chapter 3, Title 11, Dela-ware Code, is hereby amended by adding thereto a new section, as follows : § 437. Refrigerators abandoned in places accessible to children Whoever abandons or leaves unattended in any place ac-cessible to children any refrigerator, ice box, or similar airtight box or container, which has a locking device inoperable from within, without first unhinging and removing the door or lid thereof or detaching the locking device from said door or lid, shall be fined not less than $10 nor more than $100 for each offense. Nothing in this section shall be construed to prohibit the normal use of any refrigerator, ice box, or freezer for the stor-age of food in the home or buildings appurtenant thereto. Approved April 20, 1955. 73 CHAPTER 41 RELATING TO PEEPING TOMS AN ACT TO AMEND CHAPTER 3, TITLE 11, DELAWARE CODE, RELATING TO TRESPASSING WITH INTENT TO PEER OR PEEP INTO A WINDOW OR DOOR OF ANOTHER; PROVIDING PENALTY THEREFOR. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each Branch thereof concurring therein): Section 1. Chapter 3, Title 11, Delaware Code, is amended by adding to said chapter a new section to be entitled § 877, reading as follows: § 877. Trespassing with intent to peer or peep into a window or door of another; penalty; jurisdiction Whoever shall willfully trespass in or upon the occupied property or premise's of another utilized as a dwelling, with intent to peer or peep into the window or door of such property or premises and, who while on such property or premises, shall otherwise conduct himself in a manner commonly referred to as a "Peeping Tom" shall be fined not less than Twenty-Five Dol-lars ($25.00) nor more than Two Hundred Dollars ($200.00) or imprisoned for not more than six (6) months, or both. Any person violating the provisions of this section may be referred by the court to the Delaware State Hospital for examination and for treatment. Justices of the Peace shall have concurrent jur-isdiction of violations of this section. Approved April 20, 1955. 74 CHAPTER 42 APPROPRIATION DELAWARE COMMISSION OF SHELL FISHERIES AN ACT APPROPRIATING CERTAIN MONEYS TO THE DELAWARE COMMISSION OF SHELL FISHERIES TO PURCHASE AND INSTALL TWO DIESEL ENGINES ON THE GUARD BOAT "DELAWARE". Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of Fifteen Thousand Dollars ($15, 000.00) is appropriated to The Delaware Commission of Shell Fisheries for the purchase and installation of two Diesel engines to be used on the guard boat "Delaware". Section 2. This is a Supplemetnary Appropriation Act and the funds hereby appropriated shall be paid out of the General Fund of the State Treasury of the State of Delaware, and any funds hereby appropriated remaining unexpended at the end of the current fiscal year on June 30, 1955 shall revert to the General Fund. Approved April 20, 1955. CHAPTER 43 RELATING TO NOTARIES PUBLIC AN ACT TO AMEND TITLE 29, DELAWARE CODE, EN-TITLED "STATE GOVERNMENT" BY INCREASING THE AUTHORIZED NUMBER OF NOTARIES PUBLIC AND PROVIDING FOR MINIMUM QUALIFICATIONS FOR THOSE HOLDING SUCH OFFICE; AND INCREAS-ING THE FEES. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 4301, Title 29, Delaware Code, is amended to read as follows: § 4301. Appointment of notaries in general; number from each county; qualifications; revocation In addition to the notaries public authorized to be appointed under sections 4302-4304 of this title, the Governor may appoint in New Castle County, 750 notaries public; Kent County, 175 notaries public; and Sussex County, 200 notaries public. Any citizen who desires to become a notary shall be at least 21 years of age and shall provide such evidence as the Governor may require to show: Good character and reputation; A reasonable need for a notary commission; and Legal residence of at least one year within the State of Delaware. 76 Chapter 43 (c) The Governor may revoke any notary commission for cause. Section 2. § 4306, Title 29, Delaware Code, is amended by substituting the figures 120" for the figures 110" as the same appear in the last line thereof. Section 3. The provisions of § 4301 (b) as set forth in Section 1 of this Act shall not be so applied as to require any present notary to give up his commission, and any notary now commissioned shall be eligible upon application and payment of the proper fee for a renewal of his commission any provision of § 4301 (b) to the contrary notwithstanding. Section 4. The Act shall become effective 30 days after approval by the Governor. Approved April 20, 1955. CHAPTER 44 RELATING TO CASTING INJURIOUS OBSTRUCTIONS ON PUBLIC HIGHWAYS AN ACT TO AMEND CHAPTER 5, TITLE 17 OF THE DELA-AWARE CODE, RELATING TO THE PENALTIES FOR CASTING GLASS OR INJURIOUS OBSTRUCTIONS ON PUBLIC HIGHWAYS. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 514, Title 17 of the Delaware Code is amended by striking out "$5" and inserting in lieu thereof "$10" and said section is further amended by striking out "$20" and in-serting in lieu thereof 150". Approved April 20, 1955. 77 78 CHAPTER 45 RELATING TO INSURANCE DEPARTMENT AN ACT TO AMEND CHAPTER 21, TITLE 18 OF THE DELA-WARE CODE RELATING TO AGENTS AND BROKERS, BY PROVIDING FOR REGULATIONS AND EXAMINA-TIONS IN LICENSING OF AGENTS AND BROKERS; NON-RESIDENT BROKERS: APPROPRIATION. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 2101, Title 18 of the Delaware Code is amend-ed by changing the title thereof to read as indicated below and by adding at the end thereof the following new sub-sections to read as follows: § 2101. Certificate of authority; necessity for applications; num-ber of applications; examination; examinations waived; temporary licenses Any person desiring a license to act as agent or broker shall file with the Commissioner his written application upon such form as shall be prescribed under rules and regulations promulgated by the Commissioner. If the applicant is a part-nership or corporation, the application shall show the names of all members and employees with respect to partnerships, or the names of all officers and employees with respect to corporations who are to exercise the powers to be conferred by the license upon such partnership or corporation. Each such partnership or corporation shall be required to furnish the same informa-tion and meet the same qualifications and requirements as re-quired of an individual applicant. The filing of one application shall be sufficient regardless of 'the number of companies to be represented by the agent or broker for which the applicant shall pay a fee of $1.00. If satisfied that the applicant meets the requirements of subsection (d) of this section, the Commissioner, or his deputy, or any salaried employee of the department designated by the Commissioner, shall, subject the applicant to a written Chapter 45 79 examination for any kind or kinds of insurance, or sub-division thereof, for which he wishes to be licensed, provided that appli-cants shall be permitted to take such examination at least once in each month. Such examination shall cover the insurance laws with which the applicant should be familiar and the fundamental principles of the kind or kinds of insurance, or sub-division thereof, which such applicant proposes to transact or negotiate. The Commis-sioner shall prepare suitable printed material which in his judgment adequately covers the above subject matter for the instruction of applicants and which shall be furnished to them. The examination shall be based upon such instruction material. If the Commissioner is satisfied from the examination that the applicant is reasonably familiar with such laws and prin-ciples of insurance, the Commissioner shall issue a license in accordance with sub-sections (a) and (b) of this section for the kind or kinds of insurance, or any sub-division thereof, for which the applicant has been examined. Each applicant shall be advised of the result of his exam-ination within thirty days after taking the same. An applicant who has failed an examination shall be en-titled to take any subsequent examination given, but the Com-missioner may require a waiting period of not more than six months before authorizing an examination to an applicant who has failed at least twice to pass previous similar examinations. (f) No examination shall be required of: An applicant for a license who is a ticket selling agent of a common carrier, and who shall act thereunder only in reference to the issuance of accident insurance tickets or insurance on personal effects while being carried as baggage in connection with the transportation provided by any such transportation ticket; An applicant for the same kind of license as he now holds ; 80 Chapter 45 An applicant for the same kind of license which he has previously held in this state for at least one year within the three years immediately preceding the date of application, and who is deemed by the Commissioner to be fully qualified and competent. (g) The Commissioner may issue an agent's or broker's temporary license, at a cost of one dollar ($1.00), without re-quiring the applicant to pass a written examination in the fol-lowing circumstances : To the surviving spouse or next of kin or to the administrator or executor of a deceased licensed insurance agent or broker or to the spouse, next of kin, employee or legal guardian of a licensed agent or broker becoming dis-abled because of sickness, insanity or injury, if in the Corn-missoner's opinion such temporary license is necessary for the continuation of the business thereby affected. Such license may be issued for a term not exceeding ninety days and the Commissioner may, in his discretion, upon receipt of one dol-lar ($1.00) renew such license for an additional term or terms of ninety days each, not exceeding in the aggregate fifteen months. To an applicant while taking an approved course of study, instruction and field training under the supervision of his insurer which shall be responsible for all acts or omis-sions of such applicant within the scope of his appointment. Ninety days after the date of such temporary license, the applicant shall submit to an examination and temporary li-cense shall remain in force until he has been advised of the result of said examination. Section 2. There is appropriated to the Insurance Com-missioner the sum of five thousand dollars ($5,000.00) for each of the fiscal years beginning July 1, A. D., 1955, and beginning July 1, A. D., 1956, for the purpose of carrying out the pro-visions of this act. Section 3. This bill shall be known as a supplementary appropriation act and the moneys appropriated shall be paid Chapter 45 81 out of the general fund of the State Treasury, not otherwise appropriated. Approved April 20, 1955. 82 CHAPTER 46 RELATING TO "GENERAL FUND" AN ACT TO AMEND CHAPTER 61, TITLE 29 OF THE DELA-WARE CODE RELATING TO THE "GENERAL FUND". Be it enacted by the General Assembly of the State of Delaware: Section 1. § 6102 (b), Title 29, Delaware Code of 1953, is amended by striking out the words "produced primarily for experimental purposes" as they appear in lines 4 and 5 thereof and placing the semicolon after the word "products" in line 4. Approved April 22, 1955. CHAPTER 47 RELATING TO TIME OF SCHOOL BOARD ELECTIONS AN ACT TO AMEND CHAPTER 3, TITLE 14 OF THE DELA-WARE CODE BY CHANGING THE TIME DURING WHICH POLLS ARE TO REMAIN OPEN FOR ELEC-TION OF SCHOOL BOARD MEMBERS IN KENT, SUS-SEX, AND PART OF NEW CASTLE COUNTIES. Be it enacted by the General Assembly of the State of Delaware: Section 1. That Section 309 (a) Chapter 3, Title 14 of the Delaware Code be and it hereby is amended by striking out all of said section and substituting in lieu thereof the following new Section 309 (a) § 309. Time and place for elections Approved April 22, 1955. 83 (a) The school election shall be held annually in each District on the second Saturday of May between the hours of one and eight o'clock in the afternoon. 84 CHAPTER 48 RELATING TO JUVENILE COURT OF KENT AND SUSSEX COUNTIES AN ACT TO AMEND SUBCHAPTER III, CHAPTER 11, TITLE 10, DELAWARE CODE, RELATING TO THE JUVENILE COURT OF KENT AND SUSSEX COUNTIES. Be it enacted by the General Assembly of the State of Delaware: Section 1. Paragraphs (1) and (2), § 1151, Title 10, Delaware Code, are hereby amended by striking out the words "residing" as the same appear on the first lines of said para-graphs (1) and (2) ; and Paragraph (4), § 1151, Title 10, Delaware Code, is hereby amended by striking out the words "within a family" as the same appear on the first line of said paragraph (4). Section 2. § 1180, Title 10, Delaware Code, is hereby amended by adding a new paragraph at the end thereof to be known as paragraph (e), as follows : (e) All fees and fines collected by the Clerks of the Juve-nile Courts of Kent and Sussex Counties shall be paid to the County Treasurers in the respective Counties in which they are collected. Approved April 22, 1955. CHAPTER 49 RELATING TO UNEMPLOYMENT COMPENSATION AN ACT TO AMEND CHAPTER 33, TITLE 19, DELAWARE CODE, ENTITLED "UNEMPLOYMENT COMPENSA-TION" TO ELIMINATE DISQUALIFICATION OR RE-DUCTION BY REASON OF BENEFITS UNDER SOCIAL SECURITY ACT. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 3315, Chapter 33, Title 19, Delaware Code, is amended by repealing all of Subsection (6). Approved April 22, 1955. 85 86 CHAPTER 50 RELATING TO UNEMPLOYMENT COMPENSATION AN ACT TO AMEND CHAPTER 33, TITLE 19, DELAWARE CODE, RELATING TO UNEMPLOYMENT COMPENSA-TION. Be it enacted by the Genera/ Assembly of the State of Delaware: Section 1. § 3314 (3), Chapter 33, Title 19, Delaware Code, is amended to read as follows : (3) Is able to work, and is available for work, and is actively seeking work, provided, however, that an individual who has been involuntarily retired shall be entitled to receive benefits and he shall be required to be available only for the kind or type of work which is suitable for the individual in view of his age, physical condition and other circumstances. Approved April 22, 1955. CHAPTER 51 RELATING TO FAMILY COURT FOR NEW CASTLE COUNTY AN ACT TO AMEND CHAPTER 9, TITLE 10, DELAWARE CODE, IN REGARD TO THE FAMILY COURT FOR NEW CASTLE COUNTY, DELAWARE, CHANGING THE COURT'S NAME AND THE RESPONSIBILITY FOR ITS BUDGET. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 10, Delaware Code, is amended by striking out the Title of Chapter 9 thereof and by inserting in lieu there-of, the following Title: CHAPTER 9 THE FAMILY COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY Section 2. Title 10 is amended by striking out the defi-nition of "Court" as it appears in line 5 of § 901 of Chapter 9 thereof, and by inserting in lieu thereof, the following: "Court" means The Family Court of the State of Delaware in and for New Castle County. It may be cited briefly as "The Family Court." Section 3. Title 10 is amended by striking out § 903 of Chapter 9 thereof and by inserting in lieu thereof a new § 903, Chapter 9, as follows: § 903. Court of Record The Family Court of the State of Delaware in and for New Castle County is a Court of Record. Section 4. Title 10 is amended by striking out § 909 of Chapter 9 thereof and by inserting in lieu thereof a new § 909, Chapter 9, as follows : 87 88 Chapter 51 § 909. Budget, salaries and expenses The Judges, acting jointly, shall, not later than the fifteenth day of November preceding each legislative year, sub-mit to the Budget Commission of the State of Delaware a Budget showing and enumerating the estimated salaries and estimated expenses of operating the Court for the ensuing fiscal year. The total estimated Budget for each fiscal year shall not exceed $160,000.00. It shall be the duty of the State Treasurer to pay all salaries of the Court semi-monthly and all expenses thereof monthly within the limits of sub-section (b) above upon the warrant of the Director of the Court, countersigned by either of the Judges. Section 5. Title 10 is amended by striking out subsection (a) of § 923 of Chapter 9 thereof, and by inserting in lieu thereof a new sub-section (a) of said § 923 as follows: (a) The Clerk shall have care of the legal records of the Court and he shall receive all fees, fines, costs and cash bail arising out of any proceeding in the Court. After deducting the expenses of service of process of the Court and the expense of executing the orders of the Court relating to matters prop-erly before it, including a Court order under § 985 of this Title, he shall each month pay over the balance of the proceeds of fines, costs and forfeited bail bonds in his hands to the Treasurer of the State of Delaware. Section 6. Title 10 is amended by striking out § 931 of Chapter 9 thereof and by inserting in lieu thereof a new § 931 of said Chapter 9 as follows: § 931. Status of employees; appointment of director, supervis-ors and probation officers The Judges and all other employees of the Court are em-ployees of the State of Delaware. 1.01.1..mnimmmorimina- 89 The Judges, acting jointly, shall select and appoint a Direc-tor and such supervisors, probation officers and other employees as they deem necessary and shall fix the duties and the salaries of all such officers and employees, except such salaries as are established by law, and shall determine all necessary expenses incurred in the operation of the Court and the allocation of funds therefor. The Judges shall satisfy themselves as to each applicant's education, ability, experience, personality, and knowledge of and general adaptability to probation service. "Experience" as used in this section includes knowledge gained in the supervision over or care of children and from personal contacts with adults and children. All such officers and em-ployees shall hold office at the discretion of the Judges. Section 7. Title 10 is amended by striking out sub-section (c) of § 986, Chapter 9 thereof and by inserting in lieu thereof a new sub-section (c) as follows : (c) Any Judge of the Court may order, assess and impose fees, costs, fines and cash bail as provided by law or by this Chapter. Section 8. This Act shall become effective July 1, 1955. Approved April 22, 1955. 90 CHAPTER 52 RELATING TO SEARCH AND SEIZURE AN ACT TO AMEND CHAPTER 23, TITLE 11, DELAWARE CODE, ENTITLED "SEARCH AND SEIZURE", BY ELIM-INATING THE EXCLUSIVE JURISDICTION OF SUPER-IOR COURT JUDGES TO ORDER THE RETURN OR SUPPRESSION OF THINGS ILLEGALLY SEIZED. Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 23, Title 11, Delaware Code, is amend-ed by repealing § 2310. Approved April 26, 1955. CHAPTER 53 RELATING TO FIXING METHOD OF FIXING TERM OF SUPERIOR COURT AN ACT TO AMEND TITLE 10, DELAWARE CODE, BY PROVIDING THAT TERMS OF SUPERIOR COURT SHALL BE FIXED BY RULE OF COURT. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 10, Delaware Code, is amended by re-pealing § 502 thereof and by substituting in lieu thereof the following: § 502. Terms of court The designation and the duration of the terms of the Superior Court in and for each County, and the nature of the proceedings to be conducted at each such term, shall be deter-mined by the Superior Court and shall be announced by Rule of Court, duly adopted and promulgated pursuant to the author-ity vested in the Superior Court by the provisions of 10 Del. C. § 561 and 11 Del. C. § 5121, provided that not less than four (4) terms of Court a year shall be established in each County of the State. All Statutes and parts of Statutes inconsistent with this Act are hereby repealed to the extent of such inconsistency only. Approved April 26, 1955. 91 92 CHAPTER 54 INCREASING AMOUNTS PAID BY LEVY COURTS TO FIRE COMPANIES FOR AMBULANCE SERVICE AN ACT TO AMEND CHAPTER 3, TITLE 9, SECTION 249 OF THE DELAWARE CODE BY INCREASING THE AMOUNT PAID BY THE LEVY COURTS OF THE SEV-ERAL COUNTIES TO EACH FIRE COMPANY FOR AMBULANCE SERVICE. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 349. Title 9 of the Delaware Code is amend-ed by striking out the figure $500 as it appears in the second line thereof and substituting in lieu thereof the sum of "$750." Approved April 27, 1955. CHAPTER 55 LEIPSIC AN ACT TO AMEND CHAPTER 282 OF VOLUME 21 OF THE LAWS OF DELAWARE RELATING TO THE TOWN OF LEIPSIC BY PROVIDING FOR AN INCREASE IN THE LIMIT OF TAXATION. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each House thereof concurring therein): Section 1. § 12, Chapter 282 of Volume 21 of the Laws of Delaware is amended by striking out the words "nine hundred dollars" as they appear therein and inserting in lieu thereof the figures 11500". Approved April 27, 1955. 93 94 CHAPTER 56 SEAFORD AN ACT TO AMEND THE CHARTER OF THE CITY OF SEAFORD BY REQUIRING THAT ALL CITY EM-PLOYEES "BE BONDED" RATHER THAN "GIVE BOND". Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each Branch thereof concurring therein): Section 1. Chapter 184, Volume 43, Laws of Delaware, 1941, as further amended by Chapter 334, Volume 49, Laws of Delaware, 1953, is further amended by striking the last sen-tence of sub-paragraph C of Section 13 and by adding in lieu thereof, the following: All City Employees shall be bonded with corporate surety, approved and paid for by the City, for the faithful performance of their duties. The coverage to be not less than $10,000 for the City Manager, and not less than $5,000 for each other em-ployee of the City. Approved April 27, 1955. CHAPTER 57 RELATING TO STATE POLICE PENSIONS AN ACT AMENDING CHAPTER 83, TITLE 11, DELAWARE CODE, RELATING TO ELIGIBILITY FOR STATE PO-LICE PENSIONS BY PROVIDING FOR A MINIMUM MONTHLY PAYMENT. Be it enacted by the General Assembly of the State of Delaware: Section 1. Sub-section (a) of Section 8323, Title 11, Dela-ware Code, is amended by deleting the period at the end of said subsection and adding in lieu thereof the following: ", except, that any such person receiving a monthly pay-ment from the fund shall receive a minimum payment of not less than One Hundred and Fifty Dollars ($150.00) per month regardless of his salary at the time of his retirement." Approved April 27, 1955. 95 96 CHAPTER 58 RELATING TO JUSTICES OF THE PEACE AN ACT TO AMEND CHAPTER 59, TITLE 11, DELAWARE CODE, RELATING TO JUSTICES OF THE PEACE, BY REQUIRING NOTICE OF THE RIGHT TO BE TRIED IN THE COURT OF COMMON PLEAS IN SUSSEX COUNTY AS WELL AS NEW CASTLE AND KENT COUNTIES. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each House concurring therein): Section 1. § 5901, Chapter 59, Title 11, Delaware Code, is hereby amended by striking out said section and inserting in lieu thereof the following: § 5901. Advising accused of right to trial by Court of Common Pleas In all criminal cases in New Castle, Kent, and Sussex Counties where a justice of the peace has jurisdiction to hear and determine the matter and the accused has the right to elect to have the case tried by the Court of Common Pleas of such county, every justice of the peace and the officer making the arrest shall advise such accused of his right so to elect, and every officer making an arrest and every justice of the peace is required so to advise the accused before the justice of the peace shall have jurisdiction to try the case. Approved April 27, 1955. CHAPTER 59 APPROPRIATION STATE BOARD OF EDUCATION AN ACT APPROPRIATING FUNDS TO THE STATE BOARD OF EDUCATION FOR THE CURRENT FISCAL YEAR ON ACCOUNT OF AN UNANTICIPATED INCREASE IN THE SCHOOL POPULATION. WHEREAS, attendance of the public schools in the State of Delaware is very much larger than was anticipated by the 117th General Assembly, AND WHEREAS, the various school districts of the State are by law entitled to additional funds for necessary teachers and expenses connected with the increased enrollment, AND WHEREAS, the funds appropriated by the 117TH GEN-ERAL ASSEMBLY in the General Appropriation Bill and in the Contingency Fund Bill are insufficient to provide the school districts with the teachers and expenses to which they are en-titled, NOW, THEREFORE Be it enacted by the General Assembly of the State of Delaware: Section 1. There is appropriated to the State Board of Education the sum of $350,930.78 for the current fiscal year ending June 30, 1955 to provide for such additional teachers, additional units and additional capital outlay as the various school districts of the State are entitled to under the present law and under the rules and regulations of the State Board of Education and for which no funds are otherwise available. The State Board of Education may expend and/or transfer to the various school districts all or any part of the above appropri-ation for the purposes above specified. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. 97 98 Chapter 59 Section 3. Any funds appropriated herein which shall not have been expended by the end of the fiscal year ending June 30, 1955, shall immediately revert to the Genera/ Fund. Section 4. The State Auditor shall audit at the source all invoices for the expenditure of funds appropriated by this Act. Approved April 27, 1955. 99 CHAPTER 60 CHANGING TERM OF JUDGE OF COURT OF COMMON PLEAS FOR KENT COUNTY AN ACT TO AMEND CHAPTER 15, TITLE 10 OF THE DELA-WARE CODE RELATING TO THE TERM OF THE JUDGE OF THE COURT OF COMMON PLEAS FOR KENT COUNTY. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 1502 (a), Title 10 of the Delaware Code is amended by striking out the word "twelve" as it appears therein and inserting in lieu thereof the word "four". NOTE: This bill became a law on April 29, 1955 without the approval of the Governor and in accordance with Section 18, Article 3 of the Constitution of Delaware. 100 CHAPTER 61 INCREASING AMOUNTS PAID BY LEVY COURT OF NEW CASTLE COUNTY TO FIRE COMPANIES AN ACT TO AMEND CHAPTER 19, TITLE 9, SECTION 1902 OF THE DELAWARE CODE BY INCREASING THE AMOUNT PAID BY THE LEVY COURT OF NEW CASTLE COUNTY TO CERTAIN FIRE COMPANIES. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 1902, Title 9 of the Delaware Cade is amend-ed by striking out the sum of $1,000 where it appears in the first line of the second paragraph and substituting in lieu there-of the sum of 11,500." Approved April 29, 1955. CHAPTER 62 RELATING TO ADDITION AND ALTERATIONS TO KENT COUNTY COURT HOUSE AN ACT AUTHORIZING THE LEVY COURT OF KENT COUNTY TO BORROW ON THE CREDIT OF THE COUN-TY A SUM OF MONEY NOT EXCEEDING THREE HUN-DRED AND SEVENTY-FIVE THOUSAND DOLLARS TO BE EXPENDED FOR ACQUIRING ADDITIONAL LANDS TO BE USED FOR THE PURPOSE OF BUILDING AN ADDITION OR ADDITIONS TO THE KENT COUNTY COURT HOUSE, AND FOR MAKING SUCH ALTERA-TIONS AND REPAIRS TO THE EXISTING COURT HOUSE AS THE LEVY COURT SHALL DEEM NECES-SARY AND EXPEDIENT. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Levy Court of Kent County is hereby authorized to build an addition or additions to the Kent County Court House and to make such alterations and repairs to the present Court House as shall be deemed necessary and expedi-ent and to contract therefor. Section 2. The Levy Court of Kent County may acquire by purchase such lands and property as shall be necessary for the building of such addition or additions to the existing Court House. Section 3. The Levy Court of Kent County is authorized to enter into contracts and agreements with persons, firms or corporations relative to the building and construction of such addition or additions to the Kent County Court House, and to making such alterations and repairs to said Court House as shall be deemed necessary and expedient, and to this end may require of said persons, firms or corporations proper security for the faithful performance of the work to be done. The said Levy Court may engage the services of competent architects who shall prepare proper plans and specifications, and shall 101 102 Chapter 62 award any contract to the lowest responsible bidder, but with the right to reject any and all bids. Section 4. The Levy Court is hereby authorized to borrow upon the faith and credit of Kent County, a sum not exceeding Three Hundred and Seventy-Five Thousand Dollars to be ex-pended in the acquisition of the necessary lands and property, and for building such addition or additions to the Kent County Court House and for making such alterations and repairs to the existing Court House as shall be deemed necessary and expedi-ent by the said Levy Court, and for the purpose of securing the payment of such sum, to issue bonds in such denominations and at such rate of interest not exceeding three per centum per annum, as the Levy Court may deem expedient. Section 5. The interest upon said bonds shall be paid semi-annually in each year from the date of the issue. The Levy Court shall decide upon and determine the classes and times of maturity of said bonds and the aggregate of each class. The bonds may at the option of the Levy Court contain a pro-vision for redemption at any time after the expiration of five years from the date thereof at a premium not to exceed five per cent. The bonds may contain such provisions for the regis-tration thereof as the Levy Court may determine. The bonds shall bear the same date and shall be numbered serially. . Section 6. The bonds shall be prepared under the super-vision of the Levy Court and shall be signed by the Receiver of Taxes and County Treasurer, the President of the Levy Court and the Clerk of the Peace of Kent County, and shall be under the seal used by said Levy Court. The signature of the Receiver of Taxes and County Treasurer shall be engraved or printed on each coupon or interest warrant. It shall be the duty of the officers named to execute said bonds when directed by the Levy Court so to do, and it shall be the duty of the Receiver of Taxes and County Treasurer and of the Levy Court to keep a record of said bonds. Section 7. The bonds shall be exempt from all state, coun-ty, municipal and other taxation, and the purchaser thereof shall not be obliged to see to or in any manner be responsible for the Chapter 62 103 application of the purchase money; the bonds may be of such form and may contain such provisions as will not conflict with the provisions hereof. Section 8. The Levy Court shall determine when the bonds or any number thereof may be sold, and until sold shall remain in the custody of the Levy Court. Whenever it shall be deemed advisable that any part or all of said bonds shall be sold, the Levy Court shall sell and dispose of the same after having ad-vertised them in the public press at least once each week for at least three weeks. No commission or other compensation shall be charged or paid to the Levy Court, or any member therefore, for effecting the sale or negotiation of said bonds. Section 9. The bonds, principal and interest, shall be pay-able at the Farmers Bank of the State of Delaware, at Dover, Delaware, out of money from time to time appropriated for that purpose by the Levy Court; and the Levy Court is directed to pay the interest on the bonds to said Farmers Bank when and as the same shall become due, and to pay said bonds when and as the respective classes mature. The Levy Court in fixing the rate of taxation shall annually, until the first class of said bonds shall become due and payable, provide for a sum equal to the amount of interest due each year upon said bonds, and as and when said bonds shall mature and become due and payable, shall in like manner provide for a sum equal to the aggregate of said bonds so maturing, which amount shall be set apart by the Receiver of Taxes and County Treasurer to be applied to the payment of interest on said bonds and the redemption thereof as they mature. Section 10. All money received from the sale of said bonds, after the payment of the charges and expenses connected with the preparation and sale thereof, shall be deposited in the Farmers Bank aforesaid to the credit of the Levy Court in a separate account, and payment therefrom shall be made by the Levy Court by a special warrant upon which shall be printed or endorsed "Kent County Court House Addition." 104 Chapter 62 Section 11. The Levy Court is authorized also to enter into contracts for the purchase and installation of all necessary equipment and furniture. Approved April 29, 1955. 105 CHAPTER 63 RELATING TO DISABILITY PENSIONS AN ACT TO AMEND CHAPTER 55, TITLE 29 OF THE DELA-WARE CODE RELATING TO DISABILITY PENSIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 5541, Title 29 of the Delaware Code is amend-ed by striking out and repealing said section and by inserting and enacting in lieu thereof a new § 5541 to read as follows : § 5541. Eligibility An employee who shall become disabled while in covered employment and after having served in covered employment for at least 15 years during the period that ends on the in-ception of such disability, so as to be prevented by such disa-bility from performing his or her active duties, may be retired on a disability pension. Section 2. § 5543, Title 29 of the Delaware Code is amend-ed by striking out and repealing said section and by inserting and enacting in lieu thereof a new § 5543 to read as follows : § 5543. Period of disability not credit toward retirement pen-sion The period for which the disability pension shall have been paid shall not be credited to the employee and shall not be con-sidered as time spent within covered employment in determin-ing subsequent eligibility for retirement on pension under sub-chapter II of this chapter. Approved April 29, 1955. 106 CHAPTER 64 PROVIDING FOR TRAINING AND LICENSING PRACTICAL NURSES AN ACT TO AMEND AND REVISE CHAPTER 19, TITLE 24, DELAWARE CODE, BY CLARIFYING AND DEFINING THE POWER OF EXAMINERS OF GRADUATE NURSES AS THEREIN ESTABLISHED, AND BY PROVIDING FOR THE SUPERVISED TRAINING AND LICENSING OF PRACTICAL NURSES ON A VOLUNTARY BASIS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Sections 1901 through 1910, Title 24, Dela-ware Code, are hereby amended by including and designating said sections under a sub-chapter to read Sub-chapter L Professional Registered Nurses Section 2. Sub-chapter I, Chapter 19, Title 24, Delaware Code, is hereby amended by the addition of a new section therein and thereto, to be known as Section 1911, Chapter 19, Title 24, Delaware Code, and to read as follows : Section 1911. The "Board" as defined in § 1901 hereof is hereby vested with full power and authority to administer all of the provisions of Chapter 19, Title 24, Delaware Code. Section 3. Chapter 19, Title 24, Delaware Code, is further amended by adding thereto a new sub-chapter to read as fol-lows: Sub-chapter IL Licensed Practical Nurses Section 4. Sub-chapter II, Chapter 19, Title 24, Delaware Code, is hereby amended by the addition of the following new sections, to read as follows : 1 Chapter 64 107 § 1920. Definitions As used in this sub-chapter "Licensed practical nurse" means a person who has chosen to conform to the provisions of this sub-chapter and has met all the requirements for licensing as a practical nurse, and who is licensed under this sub-chapter. "Practice of practical nursing" applies to those who perform such duties as are required in the physical care of a patient and in the carrying out of such medical orders as are prescribed by a licensed physician requiring a knowledge of simple nursing procedures, but not requiring the professional knowledge and skills required of a professional registered nurse. § 1921. Voluntary licensing; use of title "Licensed Practical Nurse" Any person practicing or offering to practice practi-cal nursing in this State for compensation or personal profit may, if he or she shall desire to conform to the provisions of this sub-chapter, be licensed as a practical nurse as herein provided. No person shall hold himself or herself to be and act as a licensed practical nurse without being licensed as herein provided. No person shall assume or use the title "Licensed Practical Nurse" or the abbreviation "L. P. N.", or any other words, letters, signs, or figures, which indicate that the person using the same is a licensed practical nurse unless such person has been licensed as such by the Board according to the pro-visions of this sub-chapter. § 1922. Requirements for applications except those who apply under § 1923 (a) All applicants for license as a licensed practical nurse except those who apply under § 1923 of this title shall have 108 Chapter 64 completed a program in practical nursing, and shall hold a certificate from a school for the training of practical nurses approved by the Board. Applicants shall also be required to pass such examination as the Board may determine. Every applicant who meets the requirements listed below and passes the prescribed examination shall receive a license to practice as a licensed practical nurse. (b) Applicants for license as a Licensed Practical Nurse shall furnish evidence that he or she Is nineteen years of age; Is of good moral character ; Is in good physical health; Has completed two years of high school education, or its equivalent; and Has such other educational qualifications as the Board may prescribe. § 1923. Licensing without examination for those already prac-ticing The Board shall, without examination, issue a license to practice licensed practical nursing to any applicant who files an application with the Board within eighteen months after the effective date of this sub-chapter, and in such application submits to the Board evidence, verified under oath, on forms furnished by the Board, that the applicant is (a) at least nine-teen years of age; (b) of good moral character; (c) in good physical health ; and (d) has lived in and cared for the sick in this State for at least one year prior to the adoption of this sub-chapter. Each such applicant for registration without ex-amination, as hereinabove provided, must be favorably en-dorsed by two physicians licensed to practice in this State, who shall have personal knowledge of the applicant's experience and ability as a practical nurse, and, must be endorsed by two per-sons who shall have employed the applicant in the capacity of Chapter 64 109 a practical nurse within the two years preceding the filing of the application. § 1924. Reciprocity The Board may, without examination, issue a license to practice licensed practical nursing to any applicant who, as of the effective date of this sub-chapter, has been duly licensed under the laws of any other state, territory or possession of the United States or the District of Columbia, as a practical nurse or a person entitled to perform similar services under a different title, if, in the opinion of the Board, the applicant has the qualifications required by this sub-chapter for licensing of practical nurses. § 1925. License fee Upon filing application for examination and licensing under this sub-chapter, each applicant shall deposit a fee of $15.00 with the Board. § 1926. Renewal of registration Every practical nurse who is duly licensed under this sub-chapter shall renew such license every two years by filing an application during the month of January in any year that such applicant must renew such license. Such applicant shall deposit a fee of $2.00 with the Board. § 1927. Schools of practical nursing The Board may formulate and adopt a curriculum and rules to be complied with by schools and hospitals which offer a course for the training of practical nurses. The Board may duly accredit such schools and hospitals and provide for a sys-tematic inspection thereof as provided in § 1902 of this Title. The Executive Secretary shall visit each school and hospital where practical nursing is being taught whenever deemed necessary and desirable by the Board and submit a writ-ten report of each visit to the Board. From time to time, as deemed necessary by the Board, it shall be the duty of the Exec- 110 Chapter 64 utive Secretary, or some member of the Board designated to do |
| Date Digital | 2010 |
| CONTENTdm file name | 3053.cpd |
Description
| Title | Laws of the State of Delaware - Volume 50- Part 1 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND EIGHTEENTH SESSION OF THE GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER On Tuesday, January 4, A. D. 1955 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA, THE ONE HUNDRED AND SEVENTY- NINTH VOLUME L Printed by Milford Chronicle Publishing Company Milford, Delaware PART I |
| CONTENTdm file name | 34102.pdfpage |
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