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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND SEVENTEENTH
SESSION OF THE GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 6, A. D.
1953
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
OF AMERICA, THE ONE HUNDRED AND SEVENTY- SEVENTH
VOLUME XLIX
Printed by
Milford Chronicle Publishing Company
Milford, Delaware
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 49 |
| 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 SEVENTEENTH SESSION OF THE GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER On Tuesday, January 6, A. D. 1953 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA, THE ONE HUNDRED AND SEVENTY-SEVENTH VOLUME XLIX Printed by Milford Chronicle Publishing Company Milford, Delaware LAWS OF DELAWARE CHAPTER 1 PROVIDING FOR DISTRIBUTION OF DELAWARE CODE OF 1953 AN ACT TO PROVIDE FOR THE DISTRIBUTION AND SALE OF HOUSE BILL NO. 9, THE PROPOSED DELAWARE CODE OF 1953. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Secretary of State shall distribute the paper bound sets of House Bill No. 9, Proposed Delaware Code of 1953 as follows: One copy gratis to each member of the Senate and House of Representatives; One copy gratis to each of the following: the Attor-ney General and each Deputy Attorney General and each State or County office, department, commission, board, bureau or agency, each State or County court and each judge thereof and each justice of the peace; which shall be kept and remain in their respective offices and be delivered to their successors as the property of such offices; One hundred and fifty sets to the Prothonotary of New Castle County, twenty-five sets to the Prothonotary of Kent County and twenty-five sets to the Prothonotary of Sussex County for the purpose of sale to residents of this State. The Secretary of State and the State Treasurer shall charge the respective Prothonotaries with the sets of the Proposed Code delivered to them at the selling price thereof; The remaining sets to the State Library and into the custody of the Librarian. 3 4 Chapter 1 Section 2. The librarian shall distribute one set of the Proposed Code to each of the following: the State Library of each State of the United States, the Library of Congress, the University of Delaware, the law library in each County, the New Castle County Chancery Law Library, each public library in this State, and the Historical Society of the State of Dela-ware. The Librarian shall retain the custody of the remaining sets of the Proposed Code, and shall sell or dispose of them to residents of this State, as provided by law. The Librarian shall be charged by the State Treasurer with all sets of this Code left in his custody for sale and shall semi-annually, on or about the first days of January and July, account to the State Treasurer for all sales so made by him and for the unsold sets remaining in his custody. Receipts from sales of this Code shall be paid cur-rently to the State Treasurer. Section 3. The selling price of the Proposed Code to resi-dents of this State shall be $20.00 per set. Section 4. The exclusive right to sell copies of the Code to non-residents of this State has been granted to West Publishing Co., of St. Paul, Minnesota, and Edward Thompson Co. of Brook-lyn, New York, pursuant to chapter 128 of volume 48, Laws of Delaware. Therefore, copies of this Code shall not be sold by or on behalf of the State to any non-resident of the State or for resale to a non-resident. Section 5. The Prothonotaries of the respective counties may obtain additional sets of the Proposed Code from time to time, as necessity may require, from the Librarian, for which they shall be charged by the State Treasurer at the aggregate selling price of the additional sets so obtained. The Prothono-taries shall be allowed a commission of 2 per cent for selling sets of the Code delivered to them in accordance with this section. The Prothonotaries shall currently pay to the State Treasurer the proceeds of all sales less their commissions, and shall account to the State Treasurer for all such sales, and for all unsold sets in their hands from time to time and upon going out of office, and shall deliver all unsold sets to their successors in office. The commissions on sales shall be received by the Prothono- Chapter 1 5 taries for the sole use of the County of the Prothonotary, as in the case of other fees of the office, and shall be paid by the Prothonotaries to the respective Receivers of Taxes and County Treasurers and accounted for as fees of the office. Section 6. This act shall apply only to the distribution of the paper bound sets of the Code now in possession of the Secretary of State. Distribution as provided for in this act may be made whether or not the Proposed Code is adopted by the General Assembly. Such distribution may be made before, after or during the consideration of the Proposed Code by the General Assembly and is not dependent upon the action of the General Assembly. Approved February 5, 1953. CHAPTER 2 RELATING TO MUNICIPAL PARKING AUTHORITIES AN ACT TO AMEND TITLE 22, DELAWARE CODE OF 1953, RELATING TO "MUNICIPALITIES" BY AUTHORIZING MUNICIPALITIES ESTABLISHING PARKING AUTHOR-ITIES TO FINANCE THE COST OF LAND ACQUISITION FOR PARKING FACILITIES BY THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE MUNICIPAL-ITY. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 508, Title 22, Delaware Code of 1953, is amend-ed by adding at the end thereof a new paragraph as follows: Any municipality establishing an authority under this chap-ter may, under such terms and conditions as it may deem ap-propriate, provide for and pay to such authority such sum or sums of money necessary to acquire in whole or in part the lands upon which such authority may undertake to erect a parking facility as herein provided; the municipality for the purpose of providing said money may issue its general obligation bonds secured by the faith and credit of the municipality. The aggregate amount of general obligation bonds issued by a munic-ipality under this provision shall be in addition to and not within the limitations of any existing statutory debt limitation of the municipality. Approved June 4, 1953. CHAPTER 3 PROVIDING FOR THE OMISSION OF THE DELAWARE CODE OF 1953 FROM THE PRINTED SESSION LAWS AN ACT TO PROVIDE FOR THE OMISSION OF HOUSE BILL NUMBER 9, DELAWARE CODE OF 1953, FROM THE PRINTED SESSION LAWS OF THE 117TH GENERAL ASSEMBLY. WHEREAS, House Bill No. 9, being the Delaware Code of 1953, has been approved by both chambers and signed by the Governor and whereas said bill consists of more than five thousand printed pages; AND, WHEREAS, § 907, Title 29, Delaware Code of 1953 requires the Secretary of State to have 1500 copies of the session laws accurately printed; AND, WHEREAS, a contract for the printing of the Dela-ware Code of 1953 has been entered into on behalf of the State by the Revised Code Commission under authority of the pro-visions of Chapter 377, Volume 47, Laws of Delaware and Chapter 128, Volume 48, Laws of Delaware, NOW, THERE-FORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. The printing of the Session Laws for the 117th General Assembly as provided for in § 907, Title 29, Delaware Code of 1953 shall not include House Bill No. 9, known as the Delaware Code of 1953. Approved March 23, 1953. NOTE: House Bill No. 9, "AN ACT TO REVISE, RECODIFY, ARRANGE AND CONSOLIDATE INTO A CODE THE PUBLIC AND GENERAL STATUTES OF THE STATE OF DELA-WARE.", known as the Delaware Code of 1953, approved by the Governor February 12, 1953 was omitted from this volume pur-suant to the above instructions. 7 8 CHAPTER 4 ABOLISHING NEW CASTLE COUNTY BUREAU OF REGISTRATION AN ACT TO AMEND CHAPTER 3, TITLE 15, OF THE DELA-WARE CODE OF 1953 ENTITLED "BUREAU OF REG-ISTRATION FOR NEW CASTLE COUNTY", BY TRANS-FERRING ITS POWERS AND DUTIES AND ABOLISH-ING SAID BUREAU. Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 3, Title 15, Delaware Code of 1953 is amended by repealing all § § 301, 302, 303, 304, 305,306 and 307. Section 2. The Department of Elections for New Castle County shall have complete jurisdiction over all the matters, powers, and functions now vested by law in the Bureau of Registration for New Castle County as presently constituted and established and shall possess and exercise all the rights, powers and privileges which are now possessed and exercised by the said Bureau of Registration as completely as the said Bureau of Registration is now authorized to perform, as well as such other rights, powers and privileges as by this Act con-ferred. Section 3. Within ten days after the approval of this Act, the Bureau of Registration for New Castle County and every officer, clerk and every other person having possession of or control of any records, books, papers and any other property relating to registration in New Castle County, shall surrender and deposit the same with the President of the Department of Elections for New Castle County or with such person as the President shall designate. Section 4. The phrase "Bureau of Registration for New Castle County", as used in the Laws of this State, shall be taken to mean and hereafter shall be printed as "Department of Elections for New Castle County." Chapter 4 Section 5. The word "Bureau" wherever appearing in this title of the Delaware Code of 1953 shall be taken to mean and be printed as "Department". Section 6. The Bureau of Registration for New Castle County is abolished. Section 7. This Act shall become effective ten days after its approval. Section 8. All Acts or parts of Acts inconsistent with the provisions of this Act are repealed to the extent of such incon-sistency. Approved March 5, 1953. 10 CHAPTER 5 RELATING TO NARCOTIC DRUGS AN ACT TO AMEND CHAPTER 47 OF TITLE 16 OF THE DELAWARE CODE OF 1953 RELATING TO NARCOTIC DRUGS. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 4722 of Title 16 of the Delaware Code of 1953 is hereby amended to read as follows: "§ 4722. Whoever violates or fails to comply with any of the provisions of this Chapter shall be imprisoned not less than two (2) nor more than ten (10) years and in addition may be fined not more than Three Thousand Dollars ($3,000.00). For a second offense, the offender shall be imprisoned not less than five (5) nor more than ten (10) years and in addition may be fined not more than Three Thousand Dollars ($3,000.00). For a third or subsequent offense, or if the offender shall previously have been convicted two (2) or more times in the aggregate of any violation of the laws of the United States or of this or any other State, Territory or District relating to narcotic drugs or marijuana, the offender shall be imprisoned not less than ten (10) nor more than twenty (20) years and in addition may be fined not more than Three Thousand Dollars ($3,000.00)." Approved March 5, 1953. CHAPTER 6 CORRECTING ERROR IN DELAWARE CODE OF 1953 RELATING TO SALARY OF BANK COMMISSIONER AN ACT TO CORRECT AN ERROR IN THE DELAWARE CODE OF 1953 BY PROVIDING FOR THE CORRECT SALARY OF THE STATE BANK COMMISSIONER. WHEREAS, The Delaware Code of 1953 provides that the salary of the State Bank Commissioner shall be $6,000 per year; AND, WHEREAS, this was a typographical error in the Delaware Code of 1953 in as much as the salary of the said Commissioner was set at $7,000 per year by Chapter 150, Section 1, Volume 48, Laws of Delaware; NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. § 102. (c), Title 5, Delaware' Code of 1953 is amended by striking out the figures 16,000" as the same ap-pear on line 2 of said subsection (c) and substituting in lieu thereof the figures "$7,000". Approved March 5, 1953. 11 12 CHAPTER 7 PROHIBITING DETENTION OF CHILD IN DETENTION HOME EXCEPT BY SPECIAL ORDER AN ACT TO AMEND TITLE 31, DELAWARE CODE OF 1953 RELATING TO WELFARE, PROHIBITING THE DETEN-TION OF A CHILD IN A DETENTION HOME, EXCEPT BY SPECIAL ORDER. Be it enacted by the General Assembly of the State of Delaware: Section 1, Title 31, Delaware Code of 1953, is amended by adding a new § 5708, as follows : § 5708. Detention of juveniles by special order only No child shall be detained in any detention home of this State except when so ordered by a Judge of the Family Court for New Castle County, by a Judge of the Juvenile Court for Kent and Sussex Counties, or by the State Police or other ac-credited agency in the discretion of their board of managers. Approved March 6, 1953. CHAPTER 8 AUTHORIZING LEVY COURT APPROPRIATION FOR LEIPSIC AMBULANCE AN ACT AUTHORIZING THE LEVY COURT OF KENT COUNTY TO APPROPRIATE COUNTY MONIES TO THE LEIPSIC VOLUNTEER FIRE COMPANY FOR THE MAINTENANCE OF AN AMBULANCE. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Levy Court of Kent County shall and is hereby authorized and directed to appropriate the sum of Five Hundred ($500.00) Dollars annually to the Leipsic Volunteer Fire Company to be useil in the maintenance of its ambulance. The said sum of Five Hundred ($500.00) Dollars shall be paid by the Levy Court of Kent County to the said Leipsic Volunteer Fire Company on the first day of May of each year. Approved March 17, 1953. 13 14 CHAPTER 9 AUTHORIZING LEVY COURT APPROPRIATION FOR CHESWOLD AMBULANCE AN ACT AUTHORIZING THE LEVY COURT OF KENT COUNTY TO APPROPRIATE COUNTY MONEYS TO THE CHESWOLD VOLUNTEER FIRE COMPANY FOR THE MAINTENANCE OF AN AMBULANCE. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Levy Court of Kent County shall and is hereby authorized and directed to appropriate the sum of Five Hundred ($500.00) Dollars annually to the Cheswold Vollinteer Fire Company to be used in the maintenance of its ambulance.. The said sum of Five Hundred ($500.00) Dollars shall be paid by the Levy Court of Kent County to the said Cheswold Volunteer Fire Company on the first day of May of each year. Approved March 17, 1953. CHAPTER 10 AUTHORIZING LEVY COURT APPROPRIATION FOR HARRINGTON AMBULANCE AN ACT AUTHORIZING THE LEVY COURT OF KENT COUNTY TO APPROPRIATE COUNTY MONEYS TO THE HARRINGTON VOLUNTEER FIRE COMPANY FOR THE MAINTENANCE OF AN AMBULANCE. Be it eno,cted by the General Assembly of the State of Delaware: Section 1. The Levy Court of Kent County shall and is hereby authorized and directed to appropriate the sum of Five .Hundred ($500.00) Dollars annually to the Harrington Volun-teer Fire Company to be used in the maintenance of its ambu-lance. The said sum of Five Hundred ($500.00) Dollars shall be paid by the Levy Court of Kent County to the said Harrington Volunteer Fire Company on the first day of May of each year. Approved March 17, 1953. 15 16 CHAPTER 11 AUTHORIZING TRANSFER OF CERTAIN FUNDS TO GENERAL FUND AN ACT AUTHORIZING THE STATE TREASURER TO TRANSFER CERTAIN FUNDS TO THE CREDIT OF. THE GENERAL FUND OF THE STATE OF DELAWARE. Be it enacted by the General Assembly of the State of Delaware: Section 1. The State Treasurer is authorized to transfer to the credit of the General Fund of the State of Delaware the amount of Fifty Four Thousand Four Hundred and Eighteen Dollars and Nine Cents ($54,418.09) representing an unexpend-ed balance of the Delaware Veterans' Military Pay Account which sum is now on deposit at the Farmers Bank at Dover to the credit of an account known as Delaware Veterans' Military Pay Account. Section 2. The State Treasurer is authorized to transfer to the credit of the General Fund of the State of Delaware any balance remaining as at June 30, 1954 on deposit at the Farmers Bank at Dover to the credit of an account known as Delaware Veterans' Military Pay Account. Section 3. The sum authorized to be transferred to the credit of the General Fund of the State of Delaware under Section 1 and 2 of this Act, together with sums previously reverted, shall constitute full repayment of the appropriation of Seventy Five Thousand Dollars ($75,000.00) from the General Fund of the State of Delaware for the expenses of the adminis-tration of the Veterans' Military Pay Act said repayment being required by Section 8 of such Act as found in 47 Delaware Laws, (Special Session), Chapter 1, Section 8. Approved March 17, 1953. CHAPTER 12 AUTHORIZATION TO ISSUE CURRENTLY DATED CHECKS TO REPLACE OUTSTANDING CHECKS OF DELAWARE VETERANS' MILITARY PAY AN ACT AUTHORIZING THE STATE TREASURER AND STATE AUDITOR TO ISSUE CURRENTLY DATED CHECKS IN PLACE OF CERTAIN OUTSTANDING CHECKS ISSUED BY THE DELAWARE VETERANS' MILITARY PAY COMMISSION. Be it enacted by the General Assembly of the State of Delaware: Section 1. The State Treasurer and State Auditor are authorized, upon submission of satisfactory proof thereof, to issue currently dated checks against the Delaware Veterans' Military Pay Account to replace any lost, out-dated or mutilated checks which have not been cashed and to issue these checks in the name of the original payee, or of his estate or legally ap-pointed guardian or of the custodian of the funds of any incom-petent veteran. Approved March 17, 1953. 17 18 CHAPTER 13 PROHIBITING USE OF RAKES AND DREDGES IN CERTAIN WATERS AN ACT TO AMEND CHAPTER 9, TITLE 7, DELAWARE CODE OF 1953, ENTITLED "CONSERVATION" BY PRO-HIBITING THE USE OF RAKES AND DREDGES IN CERTAIN INLAND WATERS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 916, Title 7, Delaware Code of 1953, is amended by adding a new paragraph at the end of the first paragraph thereof as follows: "No person shall operate at any time a sail boat or a boat propelled by steam, gasoline, naphthalene or any other motor power using rakes or dredges in the Indian River, Indian River Bay, Assawoman Bay or Rehoboth Bay in areas set aside for the use of the public and not heretofore leased to persons by the Delaware Commission of Shell Fisheries." Approved March 17, 1953. CHAPTER 14 PROVIDING FOR LICENSING COMBINATION VEHICLES AN ACT TO AMEND TITLE 21, CHAPTER 21 OF DELAWARE CODE OF 1953 WITH REGARD TO REGISTERING OF VEHICLES AND TAGS BY PROVIDING FOR "COMBI-NATION VEHICLES". Be it enacted by the General Assembly of the State of Delaware: Section 1. § 2155. (a), Title 21, Delaware Code of 1953 is amended by striking the phrase "commercial vehicles" wher-ever it appears therein and substituting the phrase "combina-tion vehicles". Section 2. § 2121. (b), Title 21, Delaware Code of 1953 is amended by adding at the end thereof a new paragraph as follows: "The number plates for combination vehicles as defined in section 2155 of this title shall display thereon the letters P Approved March 17, 1953. 19 20 CHAPTER 15 PROHIBITING OUT OF DOOR FIRES AND SUSPENDING OPEN SEASON ON GAME UNDER CERTAIN CONDITIONS AN ACT TO AMEND CHAPTER 21, TITLE 29, DELAWARE CODE OF 1953, ENTITLED "GOVERNOR" BY AUTHOR-IZING THE GOVERNOR TO PROHIBIT BY PROCLA-MATION THE SETTING OF, OR PERMITTING ANY OUT-OF-DOOR FIRES UNDER CERTAIN CONDITIONS WITHIN DESIGNATED AREAS OF THIS STATE; TO SUSPEND THE OPEN SEASON ON GAME WITHIN SUCH AREAS; PROVIDING FOR THE EFFECTIVE TIME AND RESCINDING OF SUCH PROCLAMATION AND PROVIDING PENALTIES THEREFOR. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 29, Delaware Code of 1953, is amended by adding the new section as follows: § 2111. Special powers in case of extreme fire hazard The Governor, may by proclamation, upon the recommen-dation of the State Forester of the existence of extreme wild fire hazard under conditions of drought or other conditions or situations creating a fire hazard detrimental to the public inter-est, declare, designate, and establish definite areas within which it shall be unlawful during the period covered by the proclama-tion to set fire to or in any manner cause to be set on fire any marsh, woods, cuttings of forest growth, leaves, grass or other material or to kindle a camp fire or have any out-of-door fire. The Governor may also by proclamation suspend any open hunting season of wild life under the above conditions within any designated areas. Any such proclamation shall be in full force and effect at the expiration of twenty-four (24) hours after public notice is given in the manner the Governor shall determine and shall remain in full force until rescinded by the Governor. Chapter 15 of(in3ne0e )dh Wudnnahodyotr seel vednse osrd rot vhmlilaoaonrlras e tte w(ts$h e1an0tnht0y e.n0 f0ipin)vr eoeot vyrdi soiim(lo9lnap0rsr)si s odo($anf y2ets5dh . 0inos0or ) t sb elonectsothsir.o tnmh aosnrh eat hltlhi ratbyne Approved March 17, 1953. 22 CHAPTER 16 REMOVING SPECIAL LIMITATIONS AS TO EMPLOYEES OF THE BANK COMMISSIONER AN ACT TO AMEND TITLE 5, DELAWARE CODE OF 1953 IN REGARD TO THE STATE BANK COMMISSIONER BY REMOVING SPECIAL LIMITATIONS AS TO EM-PLOYEES OF THE COMMISSION. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 103. (a), Title 5, Delaware Code of 1953 is amended to read as follows: (a) The Commissioner may appoint not more than two deputies and may employ such personnel as shall be necessary for the making of examinations of and giving adequate super-vision over the corporations under his jurisdiction and lending such aid and counsel to the officers and directors of said corpor-ations as the situation or the circumstances may require, and in general, for the proper conduct of the affairs of the office and to discharge in a proper manner the duties imposed upon him by law. Approved March 17, 1953. Chapter 17 23 CHAPTER 17 PROVID/NG FOR GENERAL REG/STRATION EVERY FOUR YEARS AND LIMITED ABSENTEE REGISTRATION AN ACT TO AMEND TITLE 15, DELAWARE CODE OF 1953 IN RESPECT TO REGISTRATION OF VOTERS BY PRO-V/ DING FOR A GENERAL REGISTRATION EVERY FOUR YEARS; FOR LIMITED ABSENTEE REGISTRA-TION; AND FOR GENERAL CHANGES IN REGISTRA-TION TIMES, PLACES AND PROCEDURE. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 1102, Title 15 of the Delaware Code of 1953 is amended by striking all of § 1102 and inserting in lieu there-of the following: § 1102. General registration every four years; effective until next general registration During the year 1954 and prior to the general elec-tion to be held in that year, there shall be a registration of all persons resident in this State who shall be qualified to vote in the general election held in that year. During every fourth year after the year 1954 and prior to the general election to be held during every such fourth year, there shall also be a registration of all persons resident in this State who shall be qualified to vote in the general election to be held in the year of such regis-tration. The registration in the year 1954 and in every fourth year thereafter shall be known as a "genera/ registration", and each genera/ registration shall be effective and have application only until the next general registration had four years there-after. During each year in which a general registration is held, and prior to the genera/ election to be held in each such year, there shall also be a registration of all persons qualified to vote at the general election to be held in such year who are temporarily absent from this State and are in the Armed Forces 24 Chapter 17 or Merchant Marine of the United States of America, or retainers or persons accompanying or serving therewith, or who are absent from this State because of illness or injury received while serv-ing in any such capacity. The registration of all such persons shall be a part of the general registration. No person whose name appears in a general regis-tration shall be required to register again until the next general registration unless he becomes disqualified or ceases for any reason to be a qualified voter in the election district in which he is registered in the general registration or unless a special registration, as provided for in sections 1104 and 1307 of this title, is held in such election district. With respect to any elections held in this State prior to the year 1954, the registration heretofore applicable in this State and the laws relating thereto, shall apply. Commencing with the year 1954, the provisions of this chapter as to regis-tration shall apply. Section 2. § 1103, Title 15 of the Delaware Code of 1953 is amended by striking all of § 1103 and inserting in lieu thereof the following: § 1103. Supplementary registrations every four years; effective until next general registration (a) During the year 1956, and prior to the general elec-tion to be held in that year, there shall be a registration of all persons resident in this State who shall be qualified to vote in such general election and whose names do not appear as quali-fied voters on the registration from the general registration held in 1954. During every fourth year after the year 1956 and prior to the general election to be held during every such fourth year, there shall also be a registration of all persons resident in this State who shall be qualified to vote in the general elec-tion to be held in the year of such registration but whose names do not appear as qualified voters on the registration from the next previous general registration. The registration in the year 1956 and in every fourth year thereafter shall be known as a Chapter 17 25 "supplementary registration", and shall be effective and have application only until the next ensuing general registration had in accordance with section 1102 of this title. (b) During each year in which a supplementary regis-tration is held, and prior to the general election to be held in each such year, there shall also be registration of all persons qualified to vote at the general election to be held in such year who are temporarily absent from this State and are in the Armed Forces or Merchant Marine of the United States of America, or retainers or persons accompanying or serving there-with, or who are absent from this State because of illness or injury received while serving in any such capacity, and whose names do not appear as qualified voters on the registration from the next previous general registration. The registration of all such persons shall be a part of the supplementary regis-tration for each such year. Section 3. § 1104, Title 15 of the Delaware Code of 1953 is amended by striking out all of § 1104 and inserting in lieu thereof the following: § 1104. Special registrations; books not available If the registration books for any election district are lost, destroyed, mutilated or defaced so that they are not available for use at an ensuing election at which the books would other-wise be used, a new registration, to be known as a "special registration" shall be held in such election district in accord-ance with the provisions of section 1307 of this title. But if one of the Registers and one of the Books of Registered Voters for such election district are in such condition that the contents thereof can be accurately transcribed, no such special registra-tion shall be held and the contents thereof shall be transcribed in the manner prescribed by section 1306 of this title. Section 4. § 1105, Title 15, Delaware Code of 1953 is amended by striking out all of § 1105 and inserting in lieu there-of the following: § 1105. Registration dates and hours in election districts 26 Chapter 17 Registration officers shall sit for the purpose of ascertain-ing and registering the persons who are qualified to enjoy the right of an elector and who apply in person for registration, and whose names do not already appear as qualified voters on the registration books for such election district, at the places in their respective election districts as have been selected and designated for the purpose of registration, from eight o'clock A. M. until seven o'clock P. M. with an intermission from twelve to one o'clock; on the second Wednesday of the month of July, and on the first and third Saturdays of the month of October prior to the election. Section 5. § 1301, Title 15 of the Delaware Code of 1953 is amended by striking out all of § 1301 and inserting in lieu thereof the following: § 1301. Registration books; furnished by governor The Governor in 1954, and every four years thereafter, shall cause registration books to be prepared, at the expense of the State, and not later than April 1 of the year 1954 and of every fourth year thereafter, shall furnish the necessary regis-tration books for the use of the Bureau and Departments, re-spectively, and for the use of the local registration officers in each election district in this State. The cost of registration books supplied by the Governor shall be paid by the State. Section 6. § 1304, Title 15 of the Delaware Code of 1953 is amended by striking out all of § 1304 and inserting in lieu thereof the following: § 1304. Use of registration books for general and supple-mentary registrations; use until filled (a) The Registers and Books of Registered Voters which are used in making a general registration shall also be used in making the supplementary registration following such general registration, until they become so filled with entries that they Chapter 17 27 can no longer conveniently be used for such purpose, in which case new books shall be obtained in accordance with the pro-visions of section 1305 of this title. The supplementary registration following a general registration shall begin in the Register immediately after the end of the general registration to which it is a supplement as follows: On each page of the Register where the said general registration ends, the Registrar shall write the words "The Sup-plementary Registration of Qualified Voters in Election District of Representative District in County for the year " and shall, on the line immediately below such entry, begin with the entries concerning persons applying for registration at such supplemen-tary registration. Section 7. § 1307, Title 15 of the Delaware Code of 1953 is amended by striking out all of § 1307 and inserting in lieu thereof the following: § 1307. Registration books for special registration; pro-cedure (a) If upon examination it is found that both sets of registration books for any election district in this State are lost, destroyed, mutilated, or defaced so that they are not available for use at the next ensuing election at which such books would otherwise be used, then the Bureau or Department having cus-tody of the registration Woks shall certify such fact to the Governor, who shall, prior to the first day of April of the year in which such next ensuing election is to be held, supply the Bureau or Department with the necessary registration books for a special registration, in such election district, of the same form and design as described in this chapter. The Bureau or Depart-ment receiving registration books from the Governor for a spe-cial registration shall deliver the books to the Registrars of the election district wherein the special registration is to be had, at least five days prior to the first registration day in the year in which such next ensuing election is to be held. 28 Chapter 17 In making a special registration the registration offi-cers shall, in the same manner as provided in section 1722 of this title, record in the Registers the names of all persons ap-pearing in person for registration, and shall enter opposite each name the statements and facts set forth in such section 1722, and they shall make up the Books of Registered Voters in the same manner as provided in section 1723 of this title. The Bureau or Department having custody of regis-tration books shall, at least 10 days prior to the first day set for the purpose of registration as aforesaid, give public notice, by advertisements posted in 10 or more of the most public places in such election district, that the original registration books are no longer available and that it has become necessary to have a special registration in the election district, and of the places where the registration officers shall sit for the registration of electors and the day or days when they will sit at each place. Section 8. § 1308, Title 15 of the Delaware Code of 1953 is amended by striking all of § 1308 and inserting in lieu there-of the following: § 1308. Status of new registration books; endorsements The new registration books for a special registration shall be respectively the Registers and the Books of Registered Voters to be used for the next ensuing election. The new Registers shall be endorsed upon the back of and at the head thereof with the words "Register of Election District Representative District of County", together with the day, month and year when the same were received by the Bureau or Depart-ment. The new Books of Registered Voters shall be endorsed "Books of Registered Voters of Election District of Representative District of County". Endorsements as provided in this section shall be made by the president of the Bureau or Department. Chapter 17 29 Each of the Registrars, immediately upon receiving the new Registers and Books of Registered Voters, shall endorse upon the back and write at the head of each Register and Book of Registered Voters delivered to him, the name of the County, the name of the representuative district and the name of the election district of which he is a Registrar and of which such books shall respectively be the Registers and Books of Registered Voters and the date when the books were received by him and shall sign such endorsements.. Section 9. § 1309, Title 15 of the Delaware Code of 1953 is amended by adding at the end thereof a subsection to be known as (c) as follows: (c) If the Bureau or Department having jurisdiction de-termines that the transfer of names provided for in subsections (a) and (b) of this section cannot be accurately carried out, the Bureau or Department may in its discretion require that a special registration be held in the divided election districts. Such special registrations shall be conducted in the same manner as special registrations which are held when the registration books are lost, destroyed, mutilated or defaced. Section 10. § 1702, Title 15 of the Delaware Code of 1953 is amended by striking all of § 1702 and inserting in lieu there-of the following: § 1702. Registration of qualified voters and striking of names at bureau or department (a) In the month of April in each year in which a general election is held, the Bureau of Registration for New Castle County, the Department of Elections for Kent and Sussex Coun-ties, respectively, shall appoint Auxiliary Registration Officers who shall within their respective Counties have all the powers and authority of local registration officers in their election districts to register qualified voters who appear personally for the purpose of registering and whose names do not appear as qualified voters on the Registers and Books of Registered Voters for the proper election district. The Auxiliary Registration :30 Chapter 17 Officers shall meet, at least once each week during the months of April, May and June and not less than 15 days during the regular work days and work hours of the public offices in the building in which they shall meet during the month of Septem-ber of the year of their appointment, at the respective offices of the Department or Bureau by which they were appointed. Public notice of the days and hours and place of said meetings shall be given at least once, not less than ten days prior to the commencement of said meetings, by the Bureau or Department by advertisement published in one or more news-papers of general circulation throughout the County and by notice posted in two or more of the most public places in each election district. The Auxiliary Registration Officers shall use the same Registers and Books of Registered Voters as are used by the local registration officers in their respective election districts in performing the like duties. In each year in which a general election is held in this State, the Bureau of Registration for New Castle County, the Department of Elections for Kent County and the Depart-ment of Elections for Sussex County, respectively, shall meet_ at their respective County offices to strike off names under the same conditions and restrictions, with right of appeal in all cases, as in the case of local registration officers sitting in their respective local election districts during a supplementary regis-tration as described in this chapter, giving like public notice, in all cases, of the days and hours of such sitting, as is required to be given in the case of registration in the several election districts, and using the same Registers and Books of Registered Voters as are used by the local registration officers in their re-spective election districts in performing the like duties. Section 11. § 1703, Title 15 of the Delaware Code of 1953 is amended by striking all of § 1703 and inserting in lieu thereof the following: § 1703. Auxiliary registration officers; appointment; pow-ers and duties; term of office; compensation; recommendation of political parties; oath Chapter 17 31 (a). For the purposes of section 1702, the Bureau of Registration for New Castle County, the Department of Elec-tions for Kent County, and, the Department of Elections for Sussex County, respectively, may appoint Auxiliary Registra-tion Officers who shall be residents of the county in which they are to serve. The Auxiliary Registration Officers shall have all the powers that are vested in and shall be required to perform all the duties, so far as consistent, that are imposed upon regis-tration officers generally by any laws of this State. The Auxil-iary Registration Officers before entering upon their duties shall take and subscribe the oath required of other registration officers. The County Executive Committee of each of the two principal parties shall furnish the Bureau or Department by the first day of April of the year in which the appointments are to be -Made a list of ten names of qualified persons from which the Bureau or Department shall make its appointments. If the Department or Bureau intends to appoint more than five Auxil-iary Registration Officers from each of said parties, the Depart-ment or Bureau may request additional names to be submitted by the County Executive Committee of each of the two prin-cipal parties. If the list of names is not furnished to the Bureau or Department by the first day of April, or if the additional list of names is not furnished within ten days after the delivery of the request for additional names to the Secretary of the County Executive Committee, the Bureau or Department may appoint qualified persons of such political faith; otherwise an Auxiliary Registration Officers shall be appointed from the list or lists furnished as aforesaid. Auxiliary Registration Officers appointed under the provisions of this section shall be equally divided between the two principal political parties in this State; their compensation shall be fixed by, and they shall serve at the pleasure of, the Bureau or Department making the appdintment. The compen-sation of such Auxiliary Registration Officers shall be paid by the Levy Court of the County in which such officers serve, upon certification to the said Levy Court by the President and Secre-tary of the Bureau or Department making the appointment. - 32 Chapter 17 Section 12. § 1704, Title 15 of the Delaware Code of 1953 is amended by striking out all of § 1704 and inserting in lieu thereof the following: § 1704. Striking names of persons disqualified The Bureau and each Department in each year in which a general election is held, and prior to the first registration clay in the year, shall strike or cause to be struck from the Registers and Books of Registered Voters in each election district the name of every person appearing on the books who since his registration has become disqualified, or for any reason has ceased to be a qualified voter in the election district in which he registered. Before any name shall be stricken from the registration books, for any of the causes stated in this section, the Bureau' or Department shall give notice of such intention and the reason therefor, by registered mail, directed to such registered voter at the post office address as the same shall appear in the Reg-isters, and the date when such matter shall be passed on by the Bureau or Department. Such notice shall be mailed not later than 5 days next preceding the sitting of the Bureau or Depart-ment to act upon such notice of intention to strike such name from the list of registered voters. If at such meeting of the Bureau or Department it shall be established to their satisfaction that the person is a duly qualified voter in the election district, then his name shall not be stricken from the registration books; but if it shall not be so established, the Bureau or Department shall draw or cause to be drawn, in the Registers, a heavy line in ink through the name of such person in the column headed "Registered Voter" and a line shall be drawn through his name as first entered, but in such a manner that his name shall re-main legible, and in the column headed "Remarks" opposite his name shall be written the reason for such disqualification. Section 13. § 1707, Title 15 of the Delaware Code of 1953 is repealed. Chapter 17 33 Section 14. § 1901, Title 15 of the Delaware Code of 1953 is amended by striking all of § 1901 and inserting in lieu there-of the following: § 1901. Additional registration at administrative offices or by absentee registration In addition to the registration days as elsewhere pro-vided by law, the Bureau of Registration for New Castle County and the Department of Elections for Kent and Sussex Counties shall sit each day, Saturdays, Sundays and legal holidays ex-cepted, during the regular office hours of the Bureau or Depart-ment, and such other hours as the Bureau or Department deems necessary in the office of the Bureau or Department during all of each year in which a general election is to be held in this State and up until 10 days prior to the date of such general elec-tion, for the purpose of registering every qualified elector who is a member of the Armed Forces of the United States of America, or of the Merchant Marine of the United States of America, or who is serving with the American Red Cross, the Society of Friends, or the United Service Organizations, attach-ed to and serving with the Armed Forces of the United States of America, or who has received official notice of induction or acceptance into any such services, and whose name does not already appear as a registered voter on the registration books for his or her election district and who appears in person at the office of the Bureau or Department. Every person who is absent from this State and is a member of the Armed Forces of the United States of America, or of the Merchant Marine of the United States of America, or is serving with the American Red Cross, the Society of Friends the United Service Organizations and is therewith attached to and serving with the Armed Forces of the United States of America, or who is absent from this State because of illness or injury received while serving in any such capacity, and further who was a resident of an election district of this State at the commencement of his said membership or service, may also register in said election district under the provisions of section 1906 of this title as provided in Section 4 B, Article V of the Constitution of the State of Delaware, provided that he- 34 Chapter 17 will be the age of twenty one years or older on or before the day of the general election next succeeding his or her registration; and commenced his said membership or service at least thirty days prior to the day of the general election next suc-ceeding his registration; and has either been a member of said armed forces or said Merchant Marine or has been serving as aforesaid for at least one year prior to the day of the general election next suc-ceeding his registration or else was a bona fide resident of this State one year or more prior to such day ; and, if the latter, has either been a member of said Armed Forces or said Merchant Marine or has been serving as aforesaid for at least six months prior to the day of the general election next succeeding his registration or else was a bona fide resident of the county in which said election district is located six months or more prior to such day; and can read the Constitution of this State in English, and write his name, unless prevented by reason of physical disability; and has not been convicted of a crime deemed by law a felony and has not within 10 years next preceding the day of the general election next succeeding his registration been con-victed of violating Section 7 of Article V of the Constitution of this State. (c) Registration made under this section in a year in which a general registration is held shall be a part of the general registration for such year. Registration made under this section in any year in which a "supplementary registration" is held shall be a part of such supplementary registration. In either event, registration under this section shall be good and effective only until the next succeeding general registration as provided by the laws of this State. Chapter 17 35 Section 15. Chapter 19, Title 15 of the Delaware Code of 1953 is amended by adding thereto 4 new sections as follows: § 1906. Absentee registration; procedure Any person meeting the tests laid down in section 1901 (b) of this title may register absentee by applying in writing to the Bureau or Department for an absentee registra-tion affidavit at any time during the year in which a general election is to be held in this State up to, but not after, thirty days before the general election is to be held and by returning such affidavit to the said Bureau or Department no later than ten days prior to election day. The application for such affidavit must be received by the Bureau or Department no later than thirty days prior to election day. The absentee registration affidavit shall be in the form set forth in section 1907 of this title and shall be made before any commissioned officer of the armed forces or Mer-chant Marine of the United States of America or before any other officer authorized by law to administer oaths. It shall be returned, duly authenticated as above, in an envelope addressed to the Bureau or Department of the County in which the affiant claims to be a resident. The Bureau or Department, on request made in writ-ing therefor, shall forthwith mail the necessary blank forms of the absentee registration affidavit, in duplicate, to all persons applying for them. The affiant may retain the duplicate copy of such affidavit. Upon receipt of the affidavit by the Bureau or Department within the time permitted herein, the Bureau or Department shall record the affiant's name in the proper books of registration as a qualified voter duly registered to vote. - § 1907. Absentee registration affidavit; form The absentee registration affidavit shall be in substantially the following form and contain the information requested in such form: 36 Chapter 17 STATE OF COUNTY OF Iss. do solemnly swear (or affirm) that I am a resident of the election district of the representative district in the County of , State of Delaware, and am entitled to register as a qualified voter in the general election to be held in said district during the year in which this affidavit is dated; that I am absent from the State of Delaware and do not expect to be present in the State of Delaware at any time from the date of this affidavit until ten days before the date of such general election; that I am absent because: I am a member of the Armed Forces of the United States of America; 0 I am a member of the Merchant Marine of the United States of America; I am serving with the American Red Cross attached to and serving with the Armed Forces of the United States of America; I am serving with the Society of Friends attached to and serving with the Armed Forces of the United States of America; I am serving with the United Service Organizations attached to and serving with the Armed Forces of the United States of America ; I am suffering from an illness or injury received while serving in any of the foregoing capacities; that I was a resident of the said election district at the com-mencement of my aforesaid membership (or service) ; and that the following information concerning me is true and correct: 1. Name: Age: Nativity: Surname Christian Name Initial or Initials Date of Birth: Chapter 17 37 Residence: State: Length of: County: Length of: Election District: Length of: If naturalized, the date: If naturalized, what court: Previously registered: If so, where and when: Date of commencement of membership in Armed Forces or Merchant Marine or Service with specified related services: Convicted of a crime deemed by law a felony: Convicted of violating Section 7, Article V of Constitution of Delaware: If so, when: Can read the Constitution of Delaware in English, except for physical disability: Can write name, except for physical disability: Signed Subscribed and Sworn to (or affirmed) before me this day of A D., 19..... Commissioned Officer, Notary Public or other qualified person (state § 1908. Absentee registration affidavit; application for by applying for absentee ballot; mailing affidavit with absentee bal-lot; registration by affidavit so received Whenever any person not a registered elector for the year in which a general election is to be held who meets the tests laid 38 Chapter 17 down in section 1901 (b) of this title shall apply in writing to the Department of the County of which he claims to be a resi-dent, for an absentee ballot, within the time provided therefor by the laws of this State, the Department shall mail to the appli-cant along with the absentee ballot, envelopes and instructions, the necessary blank forms of the absentee registration affidavit, in duplicate, in the form set forth in section 1907 of this title, to be executed and returned by the applicant as provided in section 1906 of this title. If the absentee registration affidavit is properly executed, authenticated and returned as provided in section 1906 of this title, and if the information contained therein shows that the applicant is otherwise qualified to vote under the laws of this State, the applicant shall be deemed a qualified voter duly reg-istered to vote to the same extent and with the same effect as if he had followed one of the other authorized methods of regis-tration; and the Bureau or Department shall record proper entries in the registration books showing that the applicant is duly registered to vote. If the applicant is registered under the provisions of this section, his absentee ballot, if it and the necessary affidavits and envelopes in connection therewith are properly executed and returned in accordance with the laws of this State, shall be counted as every other valid and proper absentee ballot under the laws of this State. If the Bureau or Department determines from the absentee registration affidavit that the applicant is not an otherwise qual-ified voter under the laws of this State or that the affidavit is not sufficiently executed, it shall mark "rejected" on the affida-vit and write thereon the reasons therefor and shall not record or enter the applicant as a duly registered elector and shall not count his or her absentee ballot. § 1909. Retention of absentee registration affidavits All absentee registration affidavits received by the Bureau or Department shall be retained by it as part of its records until the next succeeding general registration. Chapter 17 39 Section 16. § 2109, Title 15 of the Delaware Code of 1953 is amended by adding at the end thereof a new paragraph to read as follows : Unless the Registrar is required to retain registration books for appearance before a Judge or Court as provided in this section such books shall be promptly returned to the Depart-ment or Bureau after the registration day in the districts dur-ing July and after the second registration day in the districts during October. Approved March 20, 1953. 40 CHAPTER 18 PROVIDING FOR USE OF VOTING} MACHINES AN ACT TO AMEND TITLE 15 DELAWARE CODE OF 1953, RELATING TO ELECTIONS BY PROVIDING FOR THE USE OF VOTING MACHINES, BY PROVIDING REGU-LATIONS FOR THE ACQUISITION, STORAGE AND USE OF VOTING MACHINES AND BY REQUIRING LEVY COURTS TO ACQUIRE NECESSARY VOTING MACHINES AND PROVIDING FOR PENALTIES FOR CERTAIN VIO-LATIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 15 Delaware Code of 1953 is amended by adding thereto a new chapter to be designated "CHAPTER 50." as follows: CHAPTER 50. VOTING MACHINES § 5001. Definitions (a) As used in this chapter: "Ballot" means that portion of the cardboard or paper or other material to be placed within the ballot frames of a voting machine containing the name of the candidates and the desig-nation of the party by which he was nominated and the state-ment of any question submitted. "Protective counter" means a separate counter built into the voting machine, which cannot be reset, which records the total number of movements of the operating lever. "Question" means any proposition or other question to be submitted to the voters. (b) All definitions contained in section 4101 of this title not inconsistent herewith are made applicable to this chapter. Chapter 18 41 § 5002. Requirements (a) Any voting machine may be adopted, purchased or used which shall be so constructed as to fulfill the following requirements. Each voting machine shall have a serial number per-manently attached to or stamped on the machine; It shall secure to the voter secrecy in the act of voting for or against as many questions as may be submitted; It shall permit the voter to vote for the candidates of one or more parties; it shall permit the voter to vote for as many persons for an office as he is lawfully entitled to vote for, but no more; It shall prevent the voter from voting for the same per-son more than once for the same office; It shall permit the voter to vote for or against any question he may have the right to vote upon, but no other; If used in primary elections, it shall be so equipped that the election officials can lock out all rows except those of the voter's party by a single adjustment on the outside of the machine; It shall correctly register or record, and accurately count all votes cast for any and all persons, and for or against any and all questions; It shall be provided with a protective counter or pro-tective device whereby any operation of the machine before or after the election will be detected ; It shall be provided with a counter which will show at all times durtng any election the total number of persons who have voted,; It shall be provided with one device for each party, for voting for all presidential electors of that party by one operation. 42 Chapter 18 Every voting machine shall be furnished with a means of providing sufficient light to enable voters while in the voting booth to read the ballots and suitable for use by the election officers in examining the counters. All voting machines used in any election shall be provided with a screen, hood or curtain which shall be so made and adjusted as to conceal the voter and his action while voting. Voting machines of different kinds may be adopted for use in different districts of the same county. § 5003. Compliance guarantee Before any voting machine is purchased, rented or other-wise acquired, or used, the person owning or manufacturing such machine must give an adequate guarantee, in writing and post a bond, accompanied by satisfactory surety with the De-partment of Elections, guaranteeing and securing that such machines comply fully with the requirements contained in sec-tion 5002 and will correctly, accurately and continuously register and record every vote cast, and further guaranteeing such machine against defects in workmanship and materials for a period of five years from the date of acquisition thereof, or, in the case of rented machines, for the period of rental. § 5004. When used Voting machines shall be used throughout the State in all general and special elections, in municipal elections in the City of Wilmington, and in primary elections held under the pro-visions of chapter 31 of this title in those districts where a con-test exists. Voting machines shall not be used in elections held under the provisions of title 14 of the Delaware Code of 1953 or in municipal elections other than municipal elections held in the City of Wilmington. § 5005. Acquisition of machines (a) Each Department of Elections shall certify to the Levy Court : 1. The number of machines required and ; Chapter 18 43 2. The makes of voting machines on which bids shall be requested. (b) As soon as possible after receiving the request for voting machines, the Levy Court shall obtain competitive bids for the purchase or rental of such machines. Thereafter, not later than September 1, 1953, the Department of Elections shall certify to the Levy Court the bid to be accepted and the Levy Court shall award the rental or purchase contract. Such ma-chines shall be delivered in such time that they will be available at least one month prior to the next election. § 5006. Number of voters for each machine In election districts containing 600 or less registered voters there shall be one voting machine. In election districts contain-ing more than 600 registered voters there shall be at least one voting machine for each additional 600 registered voters or majority fraction thereof. § 5007. Payment for machines The Levy Court of each County shall provide voting ma-chines by rental for a period of not more than five years on terms approved by the Levy Court, or may purchase voting machines and shall provide for the payment therefor in such manner as it may deem for the best interest of the County. § 5008. Printing of official ballots for voting machines; adjustment of machines for ballots; distribution of ballots AU ballots provided for voting machines shall be printed in black ink on clear, white material, of such size as will fit the ballot frame, and in as plain, clear type as the space will reasonably permit. The face of the ballot shall be completely covered with a protective covering of smooth, hard, transpar-ent material so that it shall be impossible to alter the face of the ballot without removing or breaking such covering. The party emblem for each political party represent-ed on the machine, which has been duly adopted by such party 44 Chapter 18 in accordance with law, and the party name or other designa-tion shall appear on the ballot. The titles of offices may be arranged horizontally, with the names of candidates for an office arranged vertically under the title of the office, or the titles of offices May be arranged vertically, with the name of candidates for an office, arranged horizontally opposite the title of the office, each office to occupy as many columns or rows on the machine as the number of candidates to be elected to that office. The names of all candidates nominated by any party for an office shall always appear in the row or column containing generally the names of candidates nominated by such party for other offices except as hereinafter provided. The machine shall be so adjusted that when one or more knobs, equaling the total number of persons to be elected to that office shall have been operated, all other knobs used in connection with that office shall be thereby locked. After the last candidate's name at the right in any horizontal row, or be-low the last candidate's name in any vertical column, the knob or knobs, if there be any, under or opposite the title or titles of office or offices shall be locked; all knobs shall be locked in any row or column which contains no names of candidates and all knobs shall be locked in spaces, if any, which do not contain names of candidates even though names of candidates appear in other spaces in the same row or column. Official ballots provided for voting machines shall be prepared and furnished by the Clerk of the .Peace of each County in the same manner as now provided by law, and shall be delivered to the Department of Elections not later than 15 days prior to the next succeeding election. § 5009. Number of official ballots to be furnished The Clerk of the Peace shall provide and furnish to the Department of Elections two sets of official ballots for each voting machine, one set thereof shall be placed in the voting machine and the other shall be retained in the custody of the Department of Elections, unless it shall become necessary dur-ing the course of the election to make use of the same in a voting machine. Chapter 18 45 § 5010. Substitute ballots If the official ballots for an election district shall not be delivered in time for use on election day or after delivery shall be lost, destroyed or stolen, the Clerk of the Peace shall cause other ballots to be prepared, printed or written as nearly as may be of the form and description of the official ballots, and the Department of Elections shall cause the ballots so substi-tuted to be used at the election in the same manner, as nearly as may be, as the official ballots would have been. § 5011. Sample ballots The Clerk of the Peace shall also provide for each election district two sample ballots applicable to such election district, which ballots shall measure approximately 10 inches by 12 inches and shall be arranged in the form of a diagram showing such portion of the front of the voting machine as will appear after the official ballots are arranged therein for voting. Such sample ballots shall be posted in a conspicuous place in each polling place on election day. Such sample ballots shall be delivered to the Department of Elections which shall in turn deliver them with other election supplies to the proper election officers throughout the County. The Clerk of the Peace shall deliver to the county chairman of each political party, free of charge, that number of sample ballots which is 40 per cent of the number of voters in each election district who at the last general election voted for the head of the ticket of such political party. The total num-ber of sample ballots delivered under this subsection shall not exceed 80 per cent of the total number of voters in each election district at the last general election. In the event there shall be more than two political parties with candidates on the official ballot, the Clerk of the Peace shall make an equitable division of the sample ballots to be distributed under this subsection, based upon the total vote received by each political party at the last general election, but the chairman of each of the two major political parties shall each receive not less than 30 per cent of the sample ballots to be distributed under this subsection. 46 Chapter 18 In addition to the sample ballots mentioned in sub-sections (a) and (b) of this section, the Clerk of the Peace in each county shall cause to be printed such further number of sample ballots as shall be directed by the chairman of any com-mittee of any political party, in any county. However, the Clerk of the Peace shall not have printed any sample ballots upon the order or request of any chairman of any committee of any political party unless the request shall have been made to him in writing at least 65 days prior to the holding of the election at which the sample ballots are to be used, nor unless a deposit sufficient to cover the cost of the sample ballots be paid at the time they are ordered. The sample ballots to which the political parties shall be entitled hereunder shall be delivered to the County chairman of a political party or to his agent upon his request not more than ten days and not less than five days before the election for which said sample ballots have been prepared. A copy of a sample ballot shall be published in the same manner and under the same requirements as are appli-cable to the publication of paper ballots. § 5012. Preparation of voting machines; notice; party representation The Department of Elections shall have the voting machines and all necessary furniture and appliances at the proper polling places before the time fixed for opening of the polls. The counters shall be set at zero (000), and otherwise in good and proper order for use at such elections. The Depart-ment of Elections shall arrange for the placing of ballots in the ballot frames of the machine, the putting it in order, and the testing, adjusting and delivering the machine. Before preparing the voting machines for any elec-tion, written notice shall be mailed by the Department of Elec-tions to the chairman of the county committee of the two prin-cipal parties, stating the time and place where the machines will be prepared. It shall be the privilege of each political party to have one representative present during the preparation and testing of the voting machines. Chapter 18 47 The Department of Elections shall cause the voting machines to be prepared for the election and shall cause all registering counters to be set at zero (000), and the Department shall then cause each such registering counter to be tested for accuracy by casting votes upon it until each such registering counter is correctly registering each vote cast upon it. The Department shall then cause each registering counter to be reset at zero (000). The voting machine shall then be immediately sealed with a numbered metal seal. The Department of Elec-tions shall certify the numbers of the machines, that all of the counters are set at zero (000), and the number registered on the protective counter and on the seal. Such certification shall be a public record in the office of the Department of Elections. After the preparation of the machines, the President of the Department of Elections or someone authorized by him, other than the person who has prepared the machines for elec-tion, shall examine each machine and report in writing, as to whether or not all of the registering counters are set at zero (000), the machine is arranged in all respects in good order for the election and locked, and as to the number registered on the protective counter, and on the seal. When a voting machine has been properly prepared for election, it shall be locked against voting and sealed; and the keys thereof shall be delivered to the Department of Elections. After the voting machine shall be transferred to the polling place, it shall be the duty of the election officers to provide ample protection against molestation or injury to the machine. The light fixture shall be prepared in good order for use before the opening of the polls. § 5013. Instruction of election officers Not more than 21 days and not less than 10 days prior to date of election, the Department of Elections shall cause the election officers who are to serve in an election district to be instructed in the use of the machines and in their duties in con-nection therewith. The Dopartment of Elections shall give to each election officer who has received such instruction and is fully qualified to properly conduct the election with the machine, 48 Chapter 18 a certificate to that effect. For the purpose of giving such in-structions the Department of Elections shall call such meetings of the election officers as shall be necessary. The Department of Elections shall within five days, file a report which shall be a public record in the Department of Elections stating that the election officers have been properly instructed. The election offi-cers shall attend such meetings, as shall be called for the pur-pose of receiving such instruction concerning their duties as shall be necessary for the proper conduct of the election with voting machines. § 5014. Instruction of voters before election Each Department of Elections shall designate suitable and adequate times and places where voting machines containing sample ballots showing titles of offices to be filled, and so far as practicable, the names of candidates to be voted for at the next election shall be exhibited for the purpose of giving instruc-tions as to the use of voting machines to all voters who apply for the same. No voting machine which is to be assigned for use in an election shall be used for such instruction after having been prepared and sealed for the election. During public exhibi-tion of any voting machine for the instruction of voters previous to an election, the counting mechanism thereof shall be con-cealed from view. § 5015. Voting machine out of order; procedure (a) In case any voting machine used in any election district shall, during the time the polls are open, become injured so as to render it inoperative in whole or in part, the Depart-ment of Elections shall, if possible, substitute a perfect machine for the injured machine, and at the close of the polls, the record of both machines shall be taken, and the votes shown on their counters shall be added together in ascertaining and determining the results of the election ; but if no other machine can be pre-pared for use at such election, and the one injured cannot be repaired in time for use at such election, official paper ballots as provided in chapter 45 of this title may be used, received by the election officers and placed in ballot boxes provided by the Chapter 18 49 Department of Elections. Such paper ballots shall be counted, accredited, delivered and preserved as provided in chapters 45, 47 and 49 of this title. For possible use under provisions of this section the Clerk of the Peace shall prepare and furnish to the Department of Elections such official paper ballots as the Department of Elections shall request in writing not later than 30 days prior to an election. The Department of Elections shall maintain and hold in readiness a reasonable quantity of conventional election sup-plies and shall be ready to send such supplies together with paper ballots and instructions on election day to any election district which is eligible for such supplies under subsection (a) hereof. § 5016. Procedure prior to opening of polls (a) The election officers of each election district shall attend at the polling place three-quarters of an hour before the time set for opening of the polls, and shall proceed to arrange the furniture, stationery and voting machine for the conduct of the election. The Department of Elections shall have the voting machines, ballots, and stationery required to be delivered to the polling place for such election. If not previously done, the election officers shall insert in their proper places on the voting machine, the ballot containing the names of officers to be filled at such election, and the names of candidates nominated therefor. The election officers shall cause to be posted con-spicuously within the polling place the two instruction cards and two sample ballots. They shall see that the light for the voting machine is in good order and that it is lighted, if that is necessary, in order that the names upon the ballot shall be clearly visible. They shall inspect the screen, hood or curtain of the machine to make certain that it has not been damaged or tampered with so as in any manner to lessen or endanger the secrecy of voting. They shall see to it that no mirror is placed or allowed to remain in such a position so as to permit a view of any part of the front, sides or top of the voting machine. 50 Chapter 18 The keys to the voting machine shall be delivered to the election officers at least three-quarters of an hour before the time set for opening the polls, in a sealed envelope, on which shall appear the number and location of the voting machine, the number of the seal and the number registered on the protective counter or device. The envelope containing the keys shall not be opened until at least one election official from each of the two political parties shall be present at the polling place, and shall have examined the envelope to see that it has not been opened. Before opening the envelope, all election officers present shall examine the number on the seal on the machine, also the num-ber registered on the protective counter, and shall see if they are the same as the number written on the envelope; and if they are not the same, the machine must not be opened until the custodian or other authorized person shall have presented himself at the polling place for the purpose of re-examining such machine and shall certify that it is properly arranged. If the numbers on the seal and protective counter are found to agree with the numbers on the envelope, the election officers shall proceed to open the doors concealing the counters, and each officer shall carefully examine every counter and see that it registers zero (000), and the same shall be subject to the inspection of official watchers. The machine shall remain locked against voting until the polls are formally opened, and shall not be operated except by voters in voting. The doors con-cealing the counters shall be locked before any vote is cast on the voting machine and shall remain locked until after the polls have closed. If any counter is found not to register zero (000), the election officers shall immediately notify the Department of Elections which shall cause each counter to be tested for accuracy by casting votes upon it and when it is ascertained that all of the counters are correctly registering each vote, the counters shall be adjusted to zero (000). The reading of the protective counter shall then be read and recorded. If it shall be impracticable for a member or representative of the Depart-ment of Elections to arrive in time to so adjust such counters before the time set for opening the polls, the election officers shall immediately make a written statement of the number on each counter and shall sign and post the same upon the wall of Chapter 18 51 the polling room, where it shall remain throughout the election day, and in filling out the statement of canvass, they shall sub-tract such number from the number then registered thereon. § 5017. Location of voting machines; inspection of ballots The arrangement of the polling place shall be the same as is now provided for by law; the exterior of the voting machine shall at all times be in plain view of the election officers. The voting machine shall be so placed that the ballots on the face of the machine can be plainly seen by the election officers and the party watchers when not in use by voters. No voting machine while in use for the purpose of voting shall be hidden or concealed in any voting place or in any manner, so as to hide or obscure the same from public view. The election officers shall not themselves be, or permit any other person to be in any position or near any position that will permit one to see or ascertain how a voter votes, or how he has voted. The election officer attending the machine shall in-spect the face of the machine after each voter has cast his vote, to see that the ballots on the face of the machine are in proper places and that the machine has not been injured. Dur-ing elections the door or other covering of the counter compart-ment of the machine shall not be unlocked or open, or the count-ers exposed except for good and sufficient reasons, after the failure of a voting machine, a statement of which shall be made and signed by the election officers and shall be sent with the returns. § 5018. Persons permitted at polling place No person shall be permitted in or about the polling place except as provided by law with respect to elections where paper ballots and ballot boxes are used, with the exception of a member or representative of the Department of Elections while engaged in the testing, repairing or replacing of a voting machine which is out of order. 52 Chapter 18 § 5019. Voting machine curtains Curtains on all voting machines shall be securely sealed or fastened before being used in any election so that the clear-ance lever cannot be operated without opening or closing cur-tains. § 5020. Manner of voting When a voter presents himself for the purpose of voting, the election officer shall ascertain whether his name is upon the register of voters, and if his name appears thereon and is not challenged or a challenge be decided in his favor, one of the election officers to be stationed at the entrance of the voting machine shall announce the name of the voter and permit him to pass through the entrance to the booth of the voting machine for the purpose of casting his vote. Each judge shall then stamp or write the word "VOTED" in the column opposite the name of the voter in the Books of Registered Voters in his possession. No voter shall remain in the voting machine booth longer than three minutes, unless for good and sufficient reason he be granted a longer period of time by the election officers in charge. When the voter has cast his vote the voter shall at once leave the room. If he shall refuse to leave after a reasonable period he shall be removed by the election officers. No voter after having entered and emerged from the voting machine booth shall be permitted to re-enter the same on any pretext whatever. Only one voter at a time shall be permitted to enter the voting machine booth. § 5021. Instructing voters on election day Any voter requesting instruction shall be given such instruction by an election officer with reference to the sample ballots posted in the polling place. In case any voter, after entering the voting machine booth, shall ask for further instructions concerning the manner of voting, two election officers of opposite political parties shall give such instructions to him; but no person assisting a voter shall in any manner seek to influence his vote. After giving Chapter 18 53 instructions- and before such voter shall have registered his vote, the persons assisting him shall retire and such voter shall then register his vote in secret. § 5022. Blind or physically disabled voters The provisions of the election law relating to the assistance to be given to Wind or physically disabled voters shall apply also where voting machines are used, and the word "booth", when used in such sections, shall be interpreted to include the voting machine enclosure or curtain. § 5023. Tabulation of vote and proclamation of result As soon as the polls are closed, the Inspector of election shall immediately lock and seal the voting machine against voting. The Inspector then shall sign a certificate stating that the machine has been locked against voting and sealed; the number of voters as shown on the public counters; the number on the seal; the number registered on the protective counter. The judges then shall open the counting compartments in the presence of the watchers and all other persons who may be lawfully within the polling place, giving full view of all the counter numbers. The inspector shall then read and announce in distinct tones the vote recorded on each counter for each candidate. He shall also in the same manner read and an-nounce the vote on each question. The counter shall not be read consecutively along the party row or column, but shall always be read along the office columns or rows, completing the tabulation for each office. The vote as registered shall be enter-ed on the tabulation by the clerks. The figures shall be verified by being called off in the same manner from the counters of the machine by a Judge of opposite political faith from the Inspec-tor. The certificates shall then be filled out, certified and placed in envelopes and sealed in accordance with the provisions ap-plicable to elections in which paper ballots are used, which shall show the total number of votes cast for each candidate, as shown on his counter. The counter compartment of the voting machine shall remain open until the official returns and all other reports have been fully completed and verified by the election officers. Any candidate or duly accredited watcher who may 54 Chapter 18 desire to be present shall be admitted to the polling place from the closing of the polls until count and tabulation are complete. § 5024. Inspection of voting machines by board of canvass The Board of Canvass shall have the same power with respect to examining the counters or the voting machines that are now vested in the Board of Canvass with respect to opening ballot boxes and making a recount of the ballots contained therein. § 5025. Locking the machine The election officers shall, as soon as the count is completed and fully ascertained, as by this law required, lock the counter compartment of such machine and the voting machine doors, and it shall so remain until opened under authority of law. § 5026. Delivery of certificates and ballot boxes The procedure set out in chapter 49 of this title with re-spect to the holding and delivery of certificates of election officers and ballot boxes shall apply to certificates and ballot boxes provided for in this chapter, provided that where no ballot box is used the certificate which would have been deposited in the ballot box shall be delivered to the Department of Elec-tions with the keys of the voting machine. § 5027. Custody of voting machines and keys (a) The keys of the machine shall be enclosed in an enve-lope to be supplied by the Department of Elections on which shall be written the number of the machine and the election district and representative district where it has been used, which envelope shall be securely sealed and endorsed by the election officers, and shall be returned to the Department of Elections by one of the election officers on the day following the election. The number on the seal and the number registered on the protective counter shall be written on the envelope con- Chapter 18 55 taining* the keys. All keys for voting machines shall be kept securely locked. No unauthorized person shall have in his pos-session any key of any voting machine and any persons en-trusted with such keys for election purposes, or in the prepa-ration of the machine therefor, shall not retain them longer than necessary to use them for such legal purpose. All machines shall be boxed and stored as soon after the close of the election as possible, and the machines and the boxes for the machines shall at all times be stored in a suitable place. The voting machines as stored in accordance with the provisions of this section shall be in the custody of the Prothon-otary until after the Board of Canvass has completed its canvass of the vote and the machines while in the custody of the Pro-thonotary may be opened by order of the Board of Canvass or by order of a court of competent jurisdiction. After the Board of Canvass has completed its can-vass of the vote the Prothonotary shall turn the custody of the voting machines over to the Department of Elections and the Department of Elections shall leave the machines undisturbed and locked until the succeeding February first. During this period the machines will be available for inspection by any duly authorized member or agent of the General Assembly. After February first the Department of Elections shall be free to unlock, inspect and repair any voting machines. § 5028. Application of other election laws All laws relating to elections now in force shall apply to elections under this chapter so far as the same may not be in-consistent with or in conflict with this chapter, and no laws relating to elections now in force shall apply to elections under this chapter to the extent that they are inconsistent with or in conflict to this chapter. Section 2. § 5117, Title 15, Delaware Cede of 1953 is amended to read as follows: § 5117. Tampering with election supplies or voting ma-chines prior to opening of election 56 Chapter 18 Whoever, before the opening of the election breaks any package containing ballots, envelopes, pencils and rubber bands; takes any ballot, envelope, pencil or rubber band from such package; or suffers the same to be done by another; or registers any vote on a voting machine; or tam- Ters with, disarranges, defaces or impairs in any manner the use of or destroys a voting machine or the ballot on the face of a voting machine, shall be fined not less than $300 nor more than $500 and may be imprisoned not less than one nor more than two years. Section 3. § 5134, Titie 15, Delaware Code of 1953 is amended to read as follows: § 5134. Fraudulent deposit or alteration of ballots or enter-ing voting machine booth or casting vote (a) Whoever, being an election officer, at any election knowingly and wilfully puts or causes to be put any ballot or ballots or other paper having the semblance thereof into any box used at such election for the reception of votes; or knowingly and wilfully causes or permits any ballot to be in the ballot box at the opening of the polls and before voting shall have commenced; or knowingly or wilfully or fraudulently puts any ballot or other paper having the semblance thereof into any ballot box unless the same is offered by an elector and his name has been found and checked upon the Registers; or fraudulent before, during or after the reading and count of the ballot, in any manner changes, substitutes or alters any ballot; or Chapter 18 57 removes any ballot or semblance thereof from, or adds any ballot or semblance thereof to, the ballots found in any such ballot box upon the closing of the polls ; or knowingly and wilfully causes or permits any vote to be registered on a voting machine, unless the vote is cast by an elector whose name has been found and check-ed upon the books of registered voters and who has not previously voted, or knowingly or wilfully enters or per-mits anyone to enter a voting machine booth, unless the person is an elector whose name has been found or checked upon the books of registered voters and who has not pre-viously voted or is an election officer or member or em-ployee of the Department of Elections whose entrance into the voting machine booth is required by the provisions of this title, shall be deemed to have knowingly and wilfully violated his official duty. (b) Whoever, not being an election officer, does or causes to be done any of the acts, matters or things mentioned in sub-section (a) of this section, shall be fined not more than $200 or imprisoned not more than 2 years, or both. Section 4. § 5123, Title 15, Delaware Code of 1953 is amended to read as follows: § 5123. Removal or destruction of election supplies or equipment or voting machine (a) Whoever, during the general election removes or destroys any of the supplies or other conveniences placed in the booths or delivered to the voter for the purpose of enabling him to prepare his ballot; or removes, tears down or defaces the cards printed for the instruction of the voters; or (3) destroys or removes any booth, railing or other conveniences provided for such election ; or 58 Chapter 18 (4) tampers with, disarranges, defaces or impairs in any manner the use of or destroys any voting machine or the ballots on the face of a voting machine, shall be imprisoned not less than six months nor more than one year. (b) Whoever induces or attempts to induce any person to commit any of the acts described in subsection (a) of this section, whether or not any such acts are committed or attempted to be committed, shall be imprisoned not less than six months nor more than one year. Section 5. This act shall become effective July 1, 1953. Approved March 20, 1953. 59 CHAPTER 19 INCLUDING CHUKAR PARTRIDGE IN GAME BIRD CLASSIFICATION AN ACT TO AMEND CHAPTER 7 TITLE 7 OF THE DELA-WARE CODE OF 1953 RELATING TO REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH; GAME BIRDS; BY INCLUDING CHUKAR PARTRIDGE IN THE GAME BIRD CLASSIFICATION. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 702, Chapter 7, Title 7 of the Delaware Code of 1953 is amended to read as follows: § 702. Game birds The following shall be considered game birds : the Anatidae, commonly known as geese, brant and river and sea ducks ; the Rallidae, commonly known as rails, coots, mudhens and galli-nules ; the Limicolae, commonly known as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers and curlews ; the Gallinae, commonly known as wild turkeys, grouse, prairie chickens, pheasants, chukar partridges, partridges and quail ; also the reed bird of the Icteridae and the dove. Approved March 23, 1953. 60 CHAPTER 20 RELATING TO REGULATIONS AND PROHIBITIONS ON GAME AN ACT TO AMEND CHAPTER 7, TITLE 7, OF THE DELA-WARE CODE OF 1953 RELATING TO REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH; NUMBER OF GAME LAWFUL TO KILL; POSSESSION AFTER CLOSE OF SEASON. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 716, Title 7, of the Delaware Code of 1953, is Amended to read as follows: § 716. Number of game lawful to kill; possession after dose of season No person shall take or.kill, in any one day, more migratory birds or fowl than are permitted by federal laws and regula-tions, or more than eight (8) birds or fowl of any other species, and four (4) animals, or have such birds, fowl, or animals in possession for more than thirty days after the close of the season for killing the same, excepting when such birds or animals are had in possession alive for scientific or propagating pur-poses: The provisions of this section shall not apply to, Animals habitually trapped for their pelts, protected by the provisions of Part 1 of this Title; Snipe, plover and reed birds; and Birds covered by the provisions of § 714 of this title; Approved March 23, 1953. CHAPTER 21 CORRECTING ERROR IN TITLE 10, DELAWARE CODE OF 1953, BY PROVIDING FOR SPECIAL CONSTABLES AN ACT TO CORRECT AN ERROR IN TITLE 10, DELAWARE CODE OF 1953 RELATING TO "COURTS AND JUDICIAL PROCEDURE" BY PROVIDING FOR SPECIAL CON-STABLES. WHEREAS, Sections 1568, 1569, 1570 and 1572, Revised Code of Delaware of 1935 were omitted from the Delaware Code of 1953; through error, and, WHEREAS, it was not the intention of the General As-sembly that such sections be repealed ; NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. Subchapter 1 of Chapter 27, Title 10, Delaware Code of 1953 is amended by adding at the end thereof the fol-lowing new sections : § 2713. Delaware State Hospital; special constable The Governor may, upon the application of the State Board of Trustees of the Delaware State Hospital at Farnhurst, ap-point such persons connected with the hospital, as the trustees may designate, to act as Special Constables for the protection of the property under the control of the trustees and for the preservation of peace and good order in and around the premises of the Delaware State Hospital. The Governor shall issue to every person so appointed a Commission for the term of five years, unless sooner revoked ; and the person so appointed shall, before acting as such Con-stable, take and subscribe the oath or affirmation prescribed by Article XIV, of the Constitution, and shall cause his com-mission, with such affidavit endorsed thereon, to be duly recorded in the Recorder's office of the County wherein he resides. Every 61 62 Chapter 21 such Special Constable so commissioned and qualified shall possess and exercise in this State all the authority and powers now conferred on policemen in the City of Wilmington. The Governor may, at any time, revoke any commission given under this section at his pleasure, and upon the written application of the State Board of Trustees of the Delaware State Hospital at Farnhurst shall revoke such commission ; such revo-cation to be effected by an order in duplicate signed by the Governor, one whereof shall be mailed to the Special Constable at his last known place of residence and the other filed in the Recorder's office where the commission is recorded and noted on the record of such Commission. The compensation of every such Special Constable shall be wholly paid by the State Board of Trustees of the Delaware State Hospital at Farnhurst. § 2714. St. Joseph's Industrial School; special constable The Governor may appoint a Special Constable for St. Joseph's Industrial School, at Clayton, Kent County, whose duties and powers shall be the same as those possessed by County Constables. § 2715. Railroad companies; special constables The Governor may appoint such number of Special Con-stables for any railroad company of this State as such company may apply for. Such Constable shall have all the powers of a County Constable, but shall receive no compensation or fees except such as are paid by such railroad company. Such Con-stables shall not act as deputies of any sheriff or Constable and no sheriff or other officer shall appoint or authorize any person to act as his deputy in making arrests on the property of any railroad company except in cases of riot. In all cases of arrest by such Special Constables for vagran-cy or trespass on the property of a railroad company, the person so arrested, if proven guilty, may be committed to the County Chapter 21 63 jail by any Justice of the Peace for a term of not exceeding five days. § 2716. Special constables for certain purposes The Governor may upon the application of any individual, firm or corporation engaged in carrying on any kind of business in this State, and having an office or place of business in this State, appoint such person, or persons, as the said individual, firm or corporation may recommend or designate to act as Spe-cial Constables for the protection of the property belonging to or under the control of such individual, firm or corporation and for the preservation of peace and good order in and about the premises occupied by such individual, firm or corporation. The Governor shall issue to every person so appointed a commission and the person so appointed shall, before acting as such Special Constable, take and subscribe before any officer authorized by the laws of this State to administer oaths, the oath or affirmation prescribed by Article XIV of the Constitu-tion. Every such Special Constable shall have the powers of a County Constable, provided that such Special Constable shall have no power or authority to serve any writ or process in any civil action or proceeding. The Commission of any such Special Constable may at any time be revoked by the Governor at his pleasure, or upon the written application of the individual, firm or corporation at whose instance such Special Constable was appointed. The compensation of every such Special Constable shall be wholly paid by the individual, firm or corporation at whose instance he was appointed. Every such Special Constable shall wear, when on duty, a metallic badge with the words "Special Constable", and the name of the person, firm or corporation, at whose instance he was appointed, plainly inscribed thereon. 64 Chapter 21 Section 2. Every person who is duly commissioned under 1568, 1569, 1570 and 1572, Chapter 51, Revised Code of Dela-ware 1935, as Special Constable of this State be and is hereby recommissioned under this law with full powers as such Con-stable for the time set forth in his said commission. Approved March 23, 1953. CHAPTER 22 AUTHORIZING NEW CASTLE CLERK OF ORPHANS' COURT AND REGISTER IN CHANCERY TO PROCURE NEW PRESSES AND SEALS OF OFFICE AN ACT TO AUTHORIZE THE CLERK OF THE ORPHANS' COURT AND REGISTER IN CHANCERY IN AND FOR NEW CASTLE COUNTY TO PROCURE NEW PRESSES AND SEALS OF OFFICE. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Clerk of the Orphans' Court and Register in Chancery in and for New Castle County is authorized to procure a new seal and press for each of his respective offices, to be made of steel or brass, of the same diameter as the present seals and engraved with the same devices respectively. When completed they shall be the seals respectively of the office of Clerk of the Orphans' Court and Register in Chancety in and for New Castle County. Section 2. When the said seals shall be so procured as aforesaid, the Clerk of the Orphans' Court and Register in Chancery shall cause the present seals in his offices to be broken and destroyed in the presence of the high sheriff of said County. Section 3. The Levy Court of New Castle County shall pay the necessary costs and expenses of procuring the said new presses and seals. Approved March 23, 1953. 65 66 CHAPTER 23' AUTHORIZING NEW CASTLE COUNTY PROTHONOTARY TO PROCURE NEW PRESSES AND SEAL OF OFFICE AN ACT TO AUTHORIZE THE PROTHONOTARY OF 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. The Prothonotary of New Castle County is authorized to procure for his office a new seal and press, to be made of steel or brass, of the same diameter as the present seal and engraved with the same device. When completed it shall be the seal of the office of Prothonotary of New Castle County. Section 2. When the said seal shall be so procured as aforesaid the said Prothonotary shall cause the present seal of his office to be broken and destroyed in the presence of the high sheriff of said County. Section 3. The Levy Court of New Castle County shall pay the necessary costs and expenses of procuring the said new press and seal. Approved March 23, 1953. CHAPTER 21. PITMAN PUBLIC BUILDINGS AN ACT TO AMEND TITLE 11, DELAWARE 'CODE OF 1953 RELATING TO "CRIMES AND CRIMINAL PROCEDURE" BY MAKING IT A MISDEMEANOR FOR A PERSON TO CAUSE A FIRE IN A PUBLIC BUILDING, BOARDING HOUSE, ROOM/NG HOUSE OR HOTEL BY THE CARE-LESS USE OF A CIGARETTE, CIGAR OR PIPE OR OTHER INFLAMMABLE DEVICE. Be it enacted by the General Assembly of the State of Delaware: Section 1, Title 11 of Delaware Code of 1953 relating to "Crimes and Criminal Procedure" is amended by adding a new section § 522 as follows: § 522. Causing a fire by careless use of cigarettes, cigars, pipes or other inflammable device Whoever shall carelessly cause a fire to occur in a public building, boarding house, rooming house or hotel by the careless use of a cigarette, cigar, pipe or other inflammable device shall be fined not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) or imprisoned not less than ten days or more than three months. Section 2. Justices of the Peace shall have jurisdiction of this offense. Approved March 30, 1953. 671) 68 CHAPTER 25 NAMING STEIN HIGHWAY AN ACT TO NAME THE STATE HIGHWAY LEADING FROM SEAFORD TO RELIANCE. WHEREAS, S. J. Stein, resident of Seaford, Delaware, was instrumental in obtaining the private lands without charge to the State of Delaware for the use and benefit of the State for the purpose of building the state highway leading from Seaford to Reliance and designated as Route #20, it is fitting and proper that State Highway no be named "Stein Highway" in honor of Mr. S. J. Stein. Be it enacted by the General Assembly of the State of Delaware: Section 1. The state highway leading from Seaford to Reliance, designated as State Highway Route 20, shall be named and hereinafter known as the "Stein Highway". Approved April 1, 1953. CHAPTER 26 LICENSING DOG KENNELS AN ACT TO AMEND CHAPTER 17, TITLE 7 OF THE DELA-WARE CODE OF 1953, RELATING TO THE LICENSING OF DOG KENNELS. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 1701 (a) of Title 7 of the Delaware Code of 1953 is amended by adding at the end of said section the follow-ing sentence : "No kennel within the corporate limits of a town or city, outside the corporate limits of the City of Wilmington, shall be licensed in accordance with the provisions of this section unless the kennel has been approved by the authorities of the corporate town or city within which the kennel will be located and a certifi-cate of approval issued by such authorities." Approved April 9, 1953. 69 70 CHAPTER 27 KENT BOARD OP SOIL DISTRICT SUPERVISORS AN ACT AUTHORIZING THE LEVY COURT OF KENT COUNTY TO MAKE AVAILABLE TO THE BOARD OF SOIL DISTRICT SUPERVISORS OF THE SOIL CONSER-VATION DISTRICT OF KENT COUNTY CERTAIN FUNDS FOR THE EMPLOYMENT OF A MANAGER OF OPERATIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Levy Court of Kent County is authorized to make available for, and to pay to, the Board of Soil District Supervisors of the Soil Conservation District of Kent County the sum of Five Thousand Dollars ($5,000.00) for the fiscal year beginning July 1, A. D. 1953 and ending on June 30, A. D. 1954, and a like sum of Five Thousand Dollars ($5,000.00) for the fiscal year beginning July 1, A. D. 1954 and ending on June 30, A. D. 1955. Section 2. The funds hereby authorized to be made avail-able to the Board of Soil District Supervisors of the Soil Con-servation District of Kent County shall be used, when made available, for the purpose of employing a manager of the drain-age and other operations of the said District Supervisors of the Soil Conservation District of Kent County. Approved April 9, 1953. CHAPTER 28 APPROPRIATION DRAINAGE OF TAX DITCHES IN KENT COUNTY AN ACT APPROPRIATING CERTAIN MONIES TO THE STATE SOIL CONSERVATION COMMISSION FOR THE DRAINAGE OF TAX DITCHES IN KENT COUNTY. WHEREAS, there exists a necessity to clean out and drain certain tax ditches in Kent County, State of Delaware; and WHEREAS, land owners, adjacent to and near said tax ditches, have agreed to contribute funds for said purpose; NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. There is appropriated to the State Soil Con-servation Commission the sum of Twelve Thousand Five Hun-dred Dollars ($12,500.00) for each of the fiscal years beginning July 1, 1953 and ending June 30, 1954, and beginning July 1, 1954 and ending June 30, 1955, to be used and expended for the purpose of contributing to the costs of clearing banks, removing obstructions, straightening, cleaning out and draining the tax ditches of Kent County. Section 2. For the purposes of this Act, the Levy Court of Kent County shall appropriate to the State Soil Conservation Commission the further sum of Twelve Thousand Five Hundred Dollars ($12,500.00) for each of the fiscal years beginning July 1, 1953 and ending June 30, 1954, and beginning July 1, 1954 and ending June 30, 1955, to be used and expended for the pur-pose of contributing to the costs of clearing banks, removing obstructions, straightening, cleaning out and draining the tax ditches of Kent County. Section 3. The money hereby appropriated shall be paid to the State Soil Conservation Commission by the State Treasurer and the Levy Court of Kent County from time to time upon certification to the State Treasurer and the Levy Court of Kent 71 72 Chapter 28 County by the Board of Soil District Supervisors of the Soil Conservation District of Kent County that it has collected or received, from farmers and others benefiting from such clearing banks, removing obstructions, straightening, cleaning out and draining of said tax ditches, a specified sum of money to be used on said project. The State Treasurer, and the Levy Court of Kent County, shall each make payment to said State Soil Conservation Commission on the basis of Fifty Cents ($.50) for every Dollar ($1.00) or more so certified to the State Treasurer and the Levy Court of Kent County by the Board of Soil District Supervisors of the Soil Conservation District of Kent County, as having been by it collected or received from farmers and others benefiting from such clearing banks, removing obstructions, straightening, cleaning out or draining of said ditches in Kent County. Section 4. The sums of money from time to time paid to the State Soil Conservation Commission shall be transferred by said Commission to the Board of Soil District Supervisors of the Soil Conservation District of Kent County, and shall be used and expended by said Board on such tax ditches for which con-tributions from farmers and others benefiting from such clean-ing out and draining have been collected or received as shall be determined by the said Board of Soil District Supervisors. Section 5. This Act shall be known as a Supplementary Appropriation Act and the monies hereby appropriated shall be paid out of the General Fund of the State Treasury, not other-wise appropriated. Approved April 9, 1953. CHAPTER 29 PROVIDING FOR SALE OF PHEASANTS AND QUAIL AS FOOD AN ACT TO AMEND CHAPTER 7, TITLE 7 OF THE DELA-WARE CODE OF 1953 RELATING TO REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH; POSSESSION OF PROTECTED WILD LIFE; PROHIBI-TIONS; PROVISION FOR PERMITTING HOTELS, RES-TAURANTS, CLUBS AND OTHER FOOD DISPENSERS TO POSSESS AND SELL PHEASANTS AND QUAIL AS FOOD. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 721 (b), Chapter 7, Title 7 of the Delaware 1 Code of 1953 is amended to read as follows : (b) No person shall have in possession any game fish during the closed season for said fish, whether the same shall have been taken within or without the State of Delaware, and no person shall at any time of the year barter, sell, offer for sale or buy any game birds, game animals, or game fish pro-tected by the laws of this State, and killed or caught either law-fully or unlawfully within or without this State, except always the muskrat and the diamond back terrapin trade during the seasons when it is lawful to have said animals and their meat in possession, and trading at any and all times in muskrat skins and other skins and in terrapin of lawful size which have been lawfully taken; and further except always hotels, restaurants, clubs and other food dispensers which may offer pheasants and quail for food consumption, provided, however, that every such food dispenser having pheasants and quail in its possession, has an invoice covering the same, showing purchase thereof from a licensed game breeder within or without this State, said in-voice to have the game breeder's license number on it. Any one person who has himself lawfully killed or trapped rabbit in the county of his residence, may himself sell said rabbit within such county, not exceeding the number of twenty (20) in any one open season. Approved April 9, 1953. 74 CHAPTER 30 INSURANCE - RETALIATING TAXES AN ACT TO AMEND CHAPTER 27, TITLE 18 OF THE DELA-WARE CODE OF 1953, RELATING TO TAXES AND FEES FOR INSURANCE COMPANIES, AGENTS AND BROKERS; RETALIATING TAXES, FEES AND REGU-LATIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 27, Title 18 of the Delaware Code of 1953 is amended by adding a new section to be styled § 2709, as follows : § 2709. Retaliating taxes, fees and regulations Notwithstanding any other provision of Title 18 of this Code, when by the existing or future laws of any other state or foreign country any premium, income or other taxes, or any fees, fines, penalties, licenses, deposit requirements or other obli-gations, prohibitions or restrictions are imposed upon insurance companies incorporated under the laws of this State doing busi-ness, or that might seek to do business in such other state or country, or upon the agents of said insurance companies incor-porated under the laws of this State, which in the aggregate are in excess of such taxes, fees, fines, penalties, licenses, deposit requirements or other obligations, prohibitions or restrictions directly imposed upon similar insurance companies of such other state or foreign country under the statutes of this state, so long as such laws continue in force, the same taxes, fees, fines, pen-alties, licenses, deposit requirements or other obligations, pro-hibitions and restrictions of whatever kind shall be imposed upon similar insurance companies of such other state or foreign country doing business in this state. Any tax, license or other obligation imposed by any city, county or other political sub-division of any other state or foreign country on insurance com-panies incorporated under the laws of this state or their agents shall be deemed to be imposed by such other state or foreign country within the meaning of this section. Approved April 9, 1953. CHAPTER 31 TITLE TO CEMETERY IN WILMINGTON AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO CONVEY TITLE TO REAL ESTATE LOCATED AT 12TH AND MADISON STREETS IN THE CITY OF WILMINGTON TO "CATHEDRAL CEMETERY COM-PANY OF WILMINGTON, DELAWARE". 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, cer-tain 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 Georgiana 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 Wilming-ton, in Deed Record E, Volume 9, Page 376 &c., did convey 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 de-scribed in the aforementioned Indenture of Rebecca Gibbons and others, and more particularly described in the said Indenture of said George Jack and Georgiana Jack, his wife, under and subject to the uses and trusts as set forth in said Indenture; and WHEREAS, doubt has been expressed as to the succession of ownership and to the present ownership of the real estate described in the two aforementioned Indentures, and it has.been suggested that the title to the aforementioned real estate might have escheated to the State of Delaware because of the provisions 757 76 Chapter 31 of Chapter 275, Volume 11, Laws of Delaware, Revised Code of Delaware, 1935, §§ 2488, 2489, 2490 and 2491, as well as because of the provisions of §§ 112 and 113, Chapter 1, Title 27, Delaware Code of 1953; and WHEREAS, the said real estate was used for charitable purposes and none other, viz. : as a burying ground for the use of Roman Catholics formerly of the Parish of Wilmington and later of the Diocese of Wilmington, and said real estate was continued in such use and no other until its use for interment of bodies ceasid, and it has never been put to any use but the afore-described charitable use; and WHEREAS, the use of said real estate as a burial ground has now terminated and the bodies therein interred have been or are being or will be reinterred in other cemetery grounds be-longing to "Cathedral Cemetery Company of Wilmington, Dela-ware", 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 the State of Delaware; and WHEREAS, the said "Cathedral Cemetery Company of Wilmington, Delaware", is successor to and carries on such char-itable uses and trusts relating to the burial of the dead previously exercised by the Roman Catholic Bishop of the Diocese of Wilmington ; and WHEREAS, the said "Cathedral Cemetery Company of Wilmington, Delaware", is desirous of perfecting its title in the aforedescribed real estate, so that its title be perfected in order that the said corporation can convey good and clear title to said real estate free and clear of all uses and trusts and doubts, the proceeds thereof to be used in the carrying out of its corpor-ate functions and purposes ; and WHEREAS, it may be doubtful that the Secretary of State can now convey proper title to the said corporation to said real estatp as was allowed and provided by Section 5, Chapter 275, Volume 11, Laws of Delaware, Revised Code of Delaware, 1935, § 2492, NOW, THEREFORE, Chapter 31 77 Be it enacted by the General Assembly of the State of Delaware: The Secretary of State of the State of Delaware be and he is hereby authorized and empowered to execute and deliver to the "Cathedral Cemetery Company of Wilmington, Delaware", a corporation of the State of Delaware, its successors and assigns, a complete and proper deed conveying unto the said "Cathedral Cemetery Company of Wilmington, Delaware", its successors and assigns, any and all right, title and interest in the lands described in the aforementioned Indentures which may have escheated, for any reason, to the State of Delaware, free and clear of any doubts in the title and free and clear of any uses and trusts which may have heretofore attached to said real estate. Approved April 9, 1953. 78 CHAPTER 32 TITLE TO CEMETERY IN WILMINGTON AN ACT TO AUTHORIZE THE "CATHEDRAL CEMETERY COMPANY OF WILMINGTON, DELAWARE", TO CON-VEY CERTAIN OF ITS REAL ESTATE FREE AND DIS-CHARGED OF TRUSTS. 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 Inden-ture, under and subject to such uses and trusts as are set forth in said Indenture; and WHEREAS, George Jack and Georgiana 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 &e., and for New Castle County, and State of Delaware, at Wilming-ton, in Deed Record E, Volume 9, Page 376 &c., did convey to the Right Reverend Thomas A. Becker, D. D., Bishop of Wil-mington, 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 Georgiana 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 con-veyances, been vested in "Cathedral Cemetery Company of Wil-mington, Delaware" ; a corporation organized and existing pur-suant 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 Chapter 32 79 WHEREAS, the said cemetery at Twelfth and Madison Streets in Wilmington has long been neglected and no bodies have been buried therein for many years last passed, and no funds are presently available to keep and maintain the said cemetery property; and WHEREAS, the said "Cathedral Cemetery Company of Wilmington, Delaware", desires to convey the said cemetery property since said cemetery property is relatively small and cannot be enlarged by the acquisition of property located adja-cent to it, and to use the proceeds resulting from the conveyance for the general purposes and objects of the "Cathedral Cemetery Company of Wilmington, Delaware"; and WHEREAS, it is the intent and purpose of said "Cathedral Cemetery Company of Wilmington, Delaware", with the consent and approval, express or implied, of the relatives of the deceased persons buried in said cemetery property to carefully disinter the bodies of the deceased persons buried in said cemetery property and reinter said bodies in other and well cared for cemetery properties of "Cathedral Cemetery Company of Wil-mington, Delaware", Lancaster Avenue at North Woodlawn, NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: "Cathedral Cemetery Company of Wilmington, Delaware", a corporation of the State of Delaware, be and it is hereby authorized and empowered to sell, transfer and convey either at public or private sale, on such terms as it may deem expedi-ent, and free and clear from any and all uses and trusts as may be recited in the aforementioned Indentures of Rebecca Gibbons and others, and George Jack and Georgians Jack, his wife, and from any and all other uses or trusts which may have attached to the real estate described in said Indentures, and to convey the said real estate in fee simple to the purchaser or purchasers, by good and sufficient deed or deeds, free from any and all uses and trusts, and without liability on the part of the purchaser or purchasers for the application, non-application or mis-applica-tion of the purchase money; provided that the net proceeds aris-ii 80 Chapter 32 ing from the sale or sales of the real estate above described and less any and all costs necessary to the disinterment and rein-terment of the bodies in said cemetery property shall be held by "Cathedral Cemetery Company of Wilmington, Delaware" and used in the carrying out of its corporate functions and purposes. Approved April 9, 1953. CHAPTER 33 TITLE TO CEMETERY IN WILMINGTON AN ACT AUTHORIZING "CATHEDRAL CEMETERY COM-PANY OF WILMINGTON, DELAWARE", TO DISINTER AND REMOVE FROM THE OLD AND LONG UNUSED CEMETERY LOCATED AT TWELFTH AND MADISON STREETS IN WILMINGTON THE BODIES PRESENTLY BURIED THEREIN AND TO REINTER SAID BODIES IN OTHER CEMETERY PROPERTY OF "CATHEDRAL CEM-ETERY COMPANY OF WILMINGTON, DELAWARE". Be it enacted by the General Assembly of the State of Delaware: Section 1. "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 Delaware, be and it is hereby authorized and fully empowered to carefully and properly disinter and remove all of the bodies presently buried in the cemetery located at Twelfth and Madison Streets in the City of Wilmington, and to reinter said bodies in other cemetery property of "Cathedral Cemetery Company of Wilmington, Delaware". Section 2. Before removing any of the said bodies from said cemetery as aforesaid "Cathedral Cemetery Company of Wilmington, Delaware", shall first make reasonable effort to obtain the consent in writing of relatives of said deceased per-sons whose bodies are buried in said cemetery, and which bodies are proposed to be removed ; and if said "Cathedral Cemetery Company of Wilmington, Delaware" is unable to find such rela-tives and procure the express consent in writing to the removal of said bodies, then said "Cathedral Cemetery Company of Wilmington, Delaware" shall advertise in at least one newspaper of general circulation in New Castle County for three successive weeks that said "Cathedral Cemetery Company of Wilmington, Delaware" proposes to remove said bodies in accordance with this Act; and if after such advertising said "Cathedral Ceme-tery Company of Wilmington, Delaware" is unable to find and 81 82 Chapter 33 obtain the written consent to the removal of the bodies, and no objection is made to removal by any child, grandchild, great grandchild, or other lineal descendant, then and in such event the said "Cathedral Cemetery Company of Wilmington, Dela-ware" shall be presumed to have secured the implied consent of any and all such relatives and shall thereupon proceed to carry out the purposes of this Act. Section 3. The provisions of this Act shall be final and exclusive authority and shall be in lieu of any individual permit or permits or writs required from any agency of the State of Delaware, or of and from any agency of any municipality located therein, or of any agency of any other geographical subdivision of the State of Delaware. Section 4. All Acts or parts of Acts inconsistent with the provisions of this Act be and the same are for the purpose of effectuating the objectives of this Act hereby repealed to the extent and only to the extent of such inconsistency. Approved April 9, 1953. CHAPTER 34 REDUCING THE NUMBER OF CLERKS IN OFFICE OF CLERK OF PEACE FOR NEW CASTLE COUNTY AN ACT TO AMEND CHAPTER 94, TITLE 9, DELAWARE CODE OF 1953, RELATING TO CLERKS OF THE PEACE; DEPUTIES AND CLERK. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 9403, Chapter 94, Title 9, Delaware Code of 1953 is amended by striking out in line one of paragraph (1) the word "four" and substituting therefor the word "two." Approved April 9, 1953. 83 CHAPTER 35 PROHIBITING USE OF PROPERTY WHICH EMITS FOUL ODORS NEAR GOVERNOR BACON HEALTH CENTER AN ACT TO AMEND TITLE 16, DELAWARE CODE OF 1953 ENTITLED "HEALTH AND SAFETY" BY PROHIBITING THE ERECTION OF ANY STRUCTURE OR THE USE OF ANY STRUCTURE OR PREMISES FOR ANY PURPOSE WHICH WILL OR MIGHT EMIT FOUL OR OFFENSIVE ODORS WITHIN A RADIUS OF THREE MILES OF THE GOVERNOR BACON HEALTH CENTER; EXCEPTIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Subchapter 1, Chapter 53, Title 16, Delaware Code of 1953, is amended by adding thereto the following new section: § 5311. Restriction on offensive use of property within three miles No person shall erect or cause to be erected any struc-ture or use or cause to be used any structure, or premises for any purpose which will or might emit foul or offensive odors, gases, efflusion or stenches within a radius of three miles of the Gover-nor Bacon Health Center. However, nothing in this section shall prohibit the raising of poultry, or live stock and the processing of the same, or the processing of farm produce. Whoever violates the provisions of this section shall be guilty of maintaining a nuisance and shall be enjoined as hereinafter provided. Whenever such nuisance exists the Attorney General of the State, or any person who is a citizen of the county, or has an office therein, may bring an action in equity in the name of the State of Delaware, upon the relation of such Attorney General, or person, to abate such nuisance and to perpetually enjoin the person maintaining the same from further mainte-nance thereof. Approved April 9, 1953. CHAPTER 36 PROVIDING FOR INCOME TAX REFUND FUND AN ACT TO AMEND TITLE 30, DELAWARE CODE OF 1953, ENTITLED "STATE TAXES' BY PROVIDING FOR A REPAYMENT FUND FOR INCOME TAXES. WHEREAS, Section 166 of the Revised Code of Delaware of 1935 provided that the State Tax Department may retain cer-tain funds in a repayment fund in order to pay income tax refunds, AND, WHEREAS, the said provision does not appear in the Delaware Code of 1953, AND, WHEREAS, it was not the intention of the General Assembly to abolish such fund, NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. § 1183, Title 30, Delaware Code of 1953 is amended by adding thereto a subparagraph (e) as follows : (e) The Tax Department shall retain out of the revenue collected by it a sum sufficient to provide at all times a fund of $20,000 out of which it shall pay any refunds provided for in this chapter. The fund shall be deposited in the financial institution which is the legal depository of State monies to the credit of the State Tax Department and shall be disbursable on order of the Tax Commissioner. Section 2. This act shall be effective as of February 12, 1953. Approved April 20, 1953. 85 86 CHAPTER 37 APPROPRIATION VACCINATION AGAINST BANG'S DISEASE AN ACT MAKING AN APPROPRIATION TO THE STATE BOARD OF AGRICULTURE FOR THE VACCINATION OF CALVES AND TESTING OF CATTLE FOR BANG'S DISEASE. Be it enacted by the General Assembly of the State of Delaware: Section 1. There is appropriated to the State Board of Agriculture the sum of Seventeen Thousand Dollars ($17,000.00) for the vaccination of calves and the testing of cattle for Bang's Disease in accordance with the authority vested in said Board under § 7323, Title 3 of the Delaware Code of 1953, of which the sum of Eight Thousand Five Hundred Dollars ($8,500.00) shall be available for the fiscal year beginning July 1, 1953, and the sum of Eight Thousand Five Hundred Dollars ($8,500.00) shall be available for the fiscal year beginning July 1, 1954. Such sums shall be paid by the State Treasurer upon warrants signed by the proper officers of the State Board of Agriculture. Section 2. This Act shall be known as a Supplementary Appropriation Act, and the funds hereby appropriated shall be paid out of any monies in the General Fund of the State Treasury, not otherwise appropriated. Approved April 20, 1953. CHAPTER 38 AUTHORIZING EMPLOYMENT OF AN ADDITIONAL DEPUTY AND CLERKS IN OFFICE OF PROTHONTARY OF NEW CASTLE COUNTY AN ACT AMENDING CHAPTER 23, TITLE 10, DELAWARE CODE OF 1953, RELATING TO THE NUMBER OF DEP-UTIES AND CLERKS THE PROTHONOTARY OF NEW CASTLE COUNTY MAY EMPLOY. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 2302, Title 10, Delaware Code of 1953 is amended by striking out all of par |
| Date Digital | 2010 |
| CONTENTdm file name | 3055.cpd |
Description
| Title | Laws of the State of Delaware - Volume 49 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND SEVENTEENTH SESSION OF THE GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER On Tuesday, January 6, A. D. 1953 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA, THE ONE HUNDRED AND SEVENTY- SEVENTH VOLUME XLIX Printed by Milford Chronicle Publishing Company Milford, Delaware |
| CONTENTdm file name | 36010.pdfpage |
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