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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND NINETEENTH
SESSION OF THE GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 1, A. D.
1957
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
OF AMERICA, THE ONE HUNDRED AND EIGHTY.- FIRST
VOLUME LI
Printed by
Milford Chronicle Publishing Company
Milford, Delaware
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 51 |
| 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 NINETEENTH SESSION OF THE GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER On Tuesday, January 1, A. D. 1957 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA, THE ONE HUNDRED AND EIGHTY.-FIRST VOLUME LI Printed by Milford Chronicle Publishing Company Milford, Delaware LAWS OF DELAWARE CHAPTER 1 INCREASING SALARY OF GOVERNOR AN ACT TO AMEND CHAPTER 21, TITLE 29 DELAWARE CODE RELATING TO THE GOVERNOR. Be it enacted by the General Assembly of the State of Delaware: Section 1. That § 2101 Title 29 Delaware Code be amended by striking out and repealing said § 2101 and enacting in lieu thereof the following new section: § 2101. Salary The annual salary of the Governor shall be $17,500.00, commencing with the day of his inauguration. Approved January 9, 1957. 4 CHAPTER 2 RELATING TO USE OF FUNDS BY DOVER SPECIAL SCHOOL DISTRICT FOR CAPITAL IMPROVEMENTS AN ACT TO AUTHORIZE THE BOARD OF EDUCATION OF THE DOVER SPECIAL SCHOOL DISTRICT TO USE CAPITAL IMPROVEMENT FUNDS OBTAINED UNDER CHAPTER 529, VOLUME 50, LAWS OF DELAWARE, FOR PURPOSES AUTHORIZED IN SUCH CHAPTER EVEN THOUGH SUCH PURPOSES DIFFER FROM THOSE LISTED IN THE NOTICE OF ELECTION FOR THE LOCAL REFERENDUM HELD THEREUNDER. WHEREAS, Chapter 529, Volume 50, Laws of Delaware, provided $1,245,000 for capital improvements within the Dover Special School District, and WHEREAS, $498,000 of said sum was to be raised by bonds issued by the Dover Special School District after a referendum in that District, and WHEREAS, the State Board of Education of the State of Delaware acting pursuant to Chapter 529, Volume 50, Laws of Delaware, determined that the school construction program is necessary in and for the Dover Special School District and cer-tified that the cost thereof to be $1,095,000 and that the State share of such cost be $657,000 and the share to be borne by the Dover Special School District be $438,000, and WHEREAS, a referendum was duly held in the Dover Special School District on January 14, 1956 and authorized the Board of Education of the District to sell bonds in the amount of $438,000, and WHEREAS, the Notice of Election issued in connection with such referendum and the Certificate of Necessity issued by the State Board of Education listed an addition to the Roe Site School, which is now the East Dover Elementary School, containing eleven standard and one special classrooms and other improvements to be built with such funds, and Chapter 2 5 WHEREAS, the Board of Education of the Dover Special School District now believes that the best interest of the school district would be served by using the same funds for classrooms and other improvements in schools within the district, but not in the exact amount or with the exact allocation listed in the said Notice of Election and Certificate of Necessity, to-wit: build only five standard classrooms and one special classroom to the said Roe Site School, now the East Dover Elementary School, and add six classrooms to the South Dover Elementary School, and, WHEREAS, the uses to which such funds are proposed to be put are in keeping with the Provisions of Chapter 529, Volume 50, Laws of Delaware, NOW, THEREFORE Be it enacted by the General Assembly of the State of Delaware (three-fourths of all Members elected thereto concur-ing therein): Section 1. The Board of Education of the Dover Special School District is authorized to use funds raised by the sale of bonds of said District as such sale was authorized by referendum held January 14, 1956 for any purposes authorized by Chapter 529, Volume 50, Laws of Delaware, and the said Board of Education is not bound by the exact amounts of the allocations listed in the Notice of Election or by the Certificate of Necessity heretofore issued, and is authorized to use funds for the con-struction of only five standard classrooms and one special class-room on the Roe Site School, now the East Dover Elementary School, and six classrooms on the South Dover Elementary School, and also other improvements referred to in the Certifi-cate of Necessity and Notice of Election. Approved January 11, 1957. 6 CHAPTER 3 PROVIDING THAT LEWES SPECIAL SCHOOL DISTRICT BE PERMITTED TO FINANCE ADDITIONAL CAPITAL IMPROVEMENTS AN ACT TO AMEND CHAPTER 529, VOLUME 50, LAWS OF DELAWARE, TO PROVIDE THAT LEWES SCHOOL DISTRICT BE PERMITTED TO FINANCE ADDITIONAL CAPITAL IMPROVEMENTS THEREUNDER AND AP-PROPRIATING THE NECESSARY FUNDS. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the Members elected to each Branch concuring therein): Section 1. Section 13, Chapter 529, Volume 50, Laws of Delaware, is hereby amended by adding the following new entry to the table contained therein : NAME OF DISTRICT Maximum Maximum Maximum TOTAL COST STATE SHARE LOCAL SHARE Lewes-c $98,000 $98,000 A Section 2. Chapter 529, Volume 50, Laws of Delaware, is hereby further amended by changing the words and figures showing the total Maximum Total Cost and Maximum State Share in Section 13 and in other sections of said chapter to reflect the amount of the authorization for the Lewes School District as provided in Section 1. Approved February 4, 1957. CHAPTER 4 RELATING TO BOARD OF ASSESSMENT FOR CITY OF WILMINGTON AN ACT TO AMEND CHAPTER 121 VOLUME 28, LAWS OF DELAWARE AS AMENDED BY CHAPTER 142 VOLUME 36, LAWS OF DELAWARE, RELATING TO THE DATE OF COMPLETION OF ASSESSMENT AND THE DATE OF HEARING APPEALS BY THE BOARD OF ASSESS-MENT FOR THE CITY OF WILMINGTON. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members of each Branch thereof concurring therein): Section 1. That Section 14 of Chapter 121, Volume 28, Laws of Delaware, be amended by striking out all of said Section and substituting in lieu thereof the following Section to be known as Section 14: Section 14. The Board of Assessment shall complete the assessment for tax on or before the First day of March of each year. After making such assessment the Board of Assessment shall place the same on file in the office of the Board, and shall give public notice, by advertisements printed in two newspapers and posted in the most public places within the city, that such assessment, being completed, is ready for public inspection, and also designating the time appointed by this act for the sitting of said Board to hear appeals. Such notice, by advertisement as aforesaid, shall be continued until the time for sitting of said Board for appeals as aforesaid. During the period herein pro-vided for public inspection of said assessment, the said Board shall keep some person in its office during regular office hours, whose duty it shall be to aid the persons assessed in ascertaining the amount of their assessment. The said Board shall also furnish a copy of its assessment roll to the officer or officers designated by law to collect said taxes as soon as the same is completed, and shall furnish to him or them from time to time copies of corrections made therein. 7 Chapter 4 Section 2. That Section 15, as amended by Chapter 142, Volume 36, Laws of Delaware, be further amended by striking out all of Section 15 and inserting in lieu thereof the following Section to be known as Section 15: Section 15. The Board of Assessment for the City of Wil-mington shall also hear and determine all appeals respecting the assessments. The Board shall sit at its office, or some other public and convenient place in the City of Wilmington, on each secular day during the month of March in each and every year, from 9 A. M. to 5 P. M., and at such other times as the Board may deem necessary, for the purpose of hearing appeals from assessments, and shall continue to sit during the above mentioned time, or so long as may be necessary to adjudge appeals. Upon appeals the said Board shall have power to alter any assessment, and shall also have the power to make additional assessments or alterations whether appeal has been filed or not, but where no appeal has been filed, proper notice of such additions or alter-ations shall be given to the owners or their agents whenever possible ; the said Board in connection with said assessment shall have the power to determine and to do whatever may appertain to justice and right. Appeals shall be made in writing and in such form as the Board shall direct. No appeal shall be received or heard, or adjudication or appeal made, nor shall the assess-ment list be altered or added to after the thirty-first day of March ; provided, however that real estate not assessed prior to the first day of March may be assessed by the said Board at any time before the assessment roll is sent to The Council, previous notice of such intended assessment, designating the time at which the same will be made, being given by said Board, in writing, to the owner or owners, or if he, she, or they, be absent from the City, then to the person or persons in possession of the premises. Approved February 14, 1957. CHAPTER 5 RELATING TO HARNESS RACING MEETS AN ACT TO AMEND SECTION 522, TITLE 28 OF THE DELA-WARE CODE, RELATING TO THE AWARD OF DATES FOR HARNESS RACING MEETS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Subsections (c) and (d) of Section 522, Title 28 of the Delaware Code are amended to read as follows : (c) The Commission shall, on or before the 15th day of January of each year, award all dates for harness horse racing in this State within the curent year, but the dates so awarded shall not exceed 60 days in the aggregate for the entire State, and subject to the provisions hereinafter stated, not more than 20 days in the aggregate for any county. The dates awarded to Kent County shall be used for racing only in Kent County, and the dates awarded to New Castle County shall be used for racing only in New Castle County, and the dates awarded to Sussex County shall be used for racing in said county or, with the prior approval of the Commission, the Sussex County licensee may assign the 20 days awarded to it to a corporation duly licensed by the Commission for the current year to con-duct harness racing in New Castle County. If the harness rac-ing dates as applied for do not conflict with each other or with the horse racing dates awarded under Chapter 3 of this title, the Commission shall award the dates applied for, anything to the contrary herein contained notwithstanding. The racing dates awarded in any year for Kent County shall not conflict or over lap with the racing dates awarded to any other licensee and shall begin not later than September 15th or, if that day falls on a Sunday, September 16th. If an application is made for a license for Sussex County it shall not be necessary for the applicant to submit to the Commission the blueprints and spe-cifications referred to in subsection (a) of this section if the application states that the racing dates which the Commission may award will be assigned by the applicant to the New Castle County licensee for use in New Castle County. 9 10 Chapter 5 (d) No more than 40 days of harness horse racing shall be held in any one county in this State within any one year and no more than two meetings shall be held in any one county within this State within any one year. Approved February 15, 1957. CHAPTER 6 APPROPRIATION FOR SALARIES AT HOSPITAL FOR MENTALLY RETARDED AN ACT APPROPRIATING ONE HUNDRED THOUSAND DOLLARS TO THE STATE BOARD OF TRUSTEES OF THE DELAWARE STATE HOSPITAL AT FARNHURST, DELAWARE, FOR THE PURPOSE OF PAYING THE SALARIES OF PERSONNEL OF THE HOSPITAL FOR THE MENTALLY RETARDED AT STOCKLEY, DELA-WARE, FOR THE FISCAL YEAR ENDING JUNE 30, 1957. WHEREAS, the former Delaware Commission for the Feebleminded submitted to the Budget Commission the original budget for the biennium ending June 30, 1957, and WHEREAS, the former Commission included in this origi-nal budget a request for the sum of $423,257.00 annually for "Salaries and Wages of Employees" of said Delaware Commis-sion for the Feebleminded, and WHEREAS, the General Assembly apropriated only $329,000.00 annually for "Salaries and Wages of Employees", and WHEREAS, on June 30, 1955 the 118th General Assembly abolished the Delaware Commission for the Feebleminded and transferred its functions and facilities to the State Board of Trustees of the Delaware State Hospital at Farnhurst, Dela-ware, and WHEREAS, this State Board of Trustees assumed the responsibility of reorganizing the administration of the Hospital for the Meneally Retarded at Stockley, Delaware, and WHEREAS, one of the primary things the State Board of Trustees had to consider was changing from 12 hour daily shifts to 8 hour daily shifts for employees, and WHEREAS, it was necessary to employ an additional 48 employees in order to raise the standards of supervision, treat-ment and training of patients, and 11 12 Chapter 6 WHEREAS, these additional employees increased a total number of personnel from 156 positions to 204 positions, and WHEREAS, there is now being expended approximately $12,000.00 per month more than was appropriated to "Salaries and Wages of Employees", and WHEREAS, the "Salaries and Wages of Employees" divis-ion of the appropriation will require an additional $144,000.00 for the current fiscal year to maintain the present level of care and treatment of patients, and WHEREAS, it is anticipated that there will be approxi-mately $50,000.00 available in the Special Account of the Hos-pital for the Mentally Retarded at Stockley, Delaware, at the end of the fiscal year ending June 30, 1957 which will be ex-pended for "Salaries and Wages of Employees" and WHEREAS, there will be a deficit of approximately $100,000.00 for "Salaries and Wages of Employees" for the fiscal year ending June 30, 1957, NOW, THEREFORE Be it enacted by the General Assembly of the State of Delaware: Section.1. The sum of $100,000 is appropriated to the State Board of Trustees of the Delaware Hospital at Farnhurst, Dela-ware, for the purpose of paying the salaries of employees of the Hospital for the Mentally Retarded at Stockley, Delaware for the fiscal year ending June 30, 1957. Section 2. 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 of Delaware. Approved February 12, 1957. CHAPTER 7 APPROPRIATION PRINTING SESSION LAWS AND JOURNALS AN ACT APPROPRIATING ADDITIONAL FUNDS FOR THE PRINTING OF THE SESSION LAWS AND JOURNALS OF THE 118TH GENERAL ASSEMBLY. WHEREAS, the Session Laws and Journals of the 118th General Assembly are much more voluminous than the corre-sponding previous publications ; AND WHEREAS, printing and binding costs have steadily in-creased ; AND WHEREAS, the appropriation made by the 118th General Assembly is not adequate to cover the costs for such printing, NOW, THEREFORE Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $10,000 is appropriated to the Secretary of State for the account designated "Printing Laws General Assembly" to be used for such purpose during the bien-nium ending June 30, 1957. Section 2. This Act is a Supplementary Appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved February 15, 1957. 13 14 CHAPTER 8 RELATING TO PURCHASE OF POLIO VACCINE AN ACT TO PERMIT THE STATE BOARD OF HEALTH TO USE FUNDS APPROPRIATED IN CHAPTER 223, 50 LAWS OF DELAWARE FOR PURCHASE OF POLIO VACCINE AND FOR ADMINISTERING THE VACCINE TO ANY PERSON IN THE STATE. WHEREAS, the sum of one hundred and fifty thousand dollars ($150,000) was appropriated by the 118th General As-sembly (Chapter 223, 50 Laws of Delaware) for the purpose of purchasing polio vaccine and related supplies, and for the purpose of administering polio vaccine to the children of this State, AND WHEREAS, a large amount of the money appropriated in Chapter 223, 50 Laws of Delaware, remains unexpended, AND WHEREAS, it is desirous, if possible, to immunize all of the people of this State against polio, NOW THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. That the monies remaining from the appropri-ation made to the State Board of Health in Chapter 223, 50 Laws of Delaware be used by the State Board of Health for the purpose of purchasing polio vaccine and related supplies, and for the purpose of administering the polio vaccine to all the people of this State. Approved February 19, 1957. 15 CHAPTER 9 APPROPRIATION STATE HIGHWAY DEPARTMENT FOR PURCHASING AUTOMOBILE FOR USE OF GOVERNOR AN ACT TO APPROPRIATE MONEY TO THE STATE HIGH-WAY DEPARTMENT TO BE USED TO PURCHASE AN AUTOMOBILE SUITABLE AND BEFITTING THE OFFICE OF GOVERNOR OF THE STATE OF DELAWARE FOR THE USE OF THE GOVERNOR OF THE STATE OF DELAWARE. Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of Six Thousand Dollars ($6,000.00) is hereby appropriated to the State Highway Department to be used by the State Highway Department for the purpose of pur-chasing an automobile for the use of the Governor which is both suitable and befitting his office. Section 2. This Act is a supplementary appropriation and the money hereby appropriated shall be paid by the State Trea-surer out of the General Fund of the State of Delaware, and any balance of this sum remaining unexpended after the purchase of said automobile shall revert to the General Fund of the State of Delaware. Approved February 22, 1957. 16 CHAPTER 10 APPROPRIATION DETENTION HOME FOR JUVENILE BUILDING COMMISSION AN ACT TO APPROPRIATE ADDITIONAL FUNDS TO COM-PLETE THE CONSTRUCTION OF THE STATE DETEN-TION HOME FOR JUVENILES. Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $65,000 is appropriated for the use of the State Detention Home for Juveniles Building Commission to complete the construction and furnishing of the new State Detention Home. Said funds shall be made available to the Commission as needed by the Commission for expenses incurred in the discharge of its duties. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of money received by the sale of bonds authorized under a sepa-rate Act of the 119th General Assembly or from such other funds as the Budget Commission may make available for such uses. No portion of the money appropriated as aforesaid shall be deemed or held to revert at the end of any fiscal year, but the said appropriation shall remain available until the objects and purposes of this Act have been fully accomplished, provided that such funds shall revert to the General Fund on June 30, 1961 if not expended by such date. Approved March 6, 1957. 17 CHAPTER 11 APPROPRIATION FOR TRAINING VOLUNTEER FIREMEN AN ACT MAKING AN APPROPRIATION TO THE STATE BOARD OF VOCATIONAL EDUCATION FOR THE TRAINING OF VOLUNTEER FIREMEN. Be it enacted by the General Assembly of the State of Delaware: Section 1. There is hereby appropriated to the State Board of Vocational Education the sum of Two Thousand Four Hun-dred Dollars ($2,400.00) for the biennium beginning April 1, 1957, and ending March 31, 1959, to be expended by the said Board only for the training of volunteer firemen. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved March 6, 1957. 18 CHAPTER 12 RELATING TO CONSTRUCTION OF BUILDINGS FOR TRAINING VOLUNTEER FIREMEN AN ACT AUTHORIZING THE STATE FIRE MARSHAL TO USE MONEY APPROPRIATED BY CHAPTER 605 VOL.. UME 50 LAWS OF DELAWARE FOR CONSTRUCTION OF CERTAIN BUILDINGS ON STATE LAND FOR CON-STRUCTION OF SAME TYPE BUILDINGS ON OTHER LAND. WHEREAS, The 118th General Assembly appropriated $5,000.00 to The State Fire Marshal for construction of Train-ing Buildings for Volunteer Firemen on certain lands, and WHEREAS, these lands have been found unsatisfactory, and WHEREAS, Caesar Rodney Special School District in Kent County has agreed to execute a long term lease for certain land which its owns for use and purpose of erecting these buildings, and WHEREAS, this new location is highly desirable, and it is desired that the money appropriated be used to erect the build-ings at this new site instead of the old one, NOW THEREFORE Be it enacted by the General Assembly of the State of Delaware: Section 1. That The State Fire Marshal is hereby author-ized to use the $5,000.00 appropriated pursuant to Chapter 605, Volume 50, Laws of Delaware for the purpose of construction of buildings for the training of Volunteer Firemen on land owned by and to be leased from the Caesar Rodney Special School District near Camden, in Kent County in lieu of land owned by The State of Delaware near Camden, Delaware, as therein pro-vided. Approved March 7, 1957. 19 CHAPTER 13 PROVIDING FOR ADDITION TO COUNTY BUILDING FOR NEW CASTLE COUNTY AN ACT TO AUTHORIZE THE LEVY COURT OF NEW CASTLE COUNTY TO PLAN, CONSTRUCT, EQUIP AND FURNISH AN ADDITION TO THE PRESENT COUNTY BUILDING FOR NEW CASTLE COUNTY AND TO ISSUE BONDS TO FINANCE THE COST THEREOF. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Levy Court of New Castle County is author-ized to plan, construct, equip and furnish an addition to the present County Building for New Castle County and to issue its bands to finance, either in whole or in part, the cost thereof. Section 2. (a) The Levy Court may issue bonds of New Castle County to finance the cost of constructing such addition, and may include in such cost all costs and estimated costs of the issuance of the bonds, all planning, engineering, inspection, fiscal and legal expenses, and all costs and estimated costs of equipping and furnishing such addition. The rate of interest of the bonds may be determined in advance of sale, or the bonds may be offered for sale at a rate of interest to be fixed by the successful bidder for such bonds. The bonds shall be payable within forty years after the date of the bonds. The interest coupons and face amount of the bonds shall be payable at the branch of the Farmers Bank of Delaware located in New Castle County. The full faith and credit of New Castle County shall be pledged to the payment of such bonds and the interest thereon. The Levy Court shall annually appropriate to the payment of such bonds and the interest thereon the amounts required to pay such bonds and interest as the same become due and payable. Pending the preparation of the definitive bonds, in-terim receipts or certificates in such form and with such pro-visions as the Levy Court determines, may be issued to the purchasers of bonds sold pursuant to this Act. 20 Chapter 13 The Levy Court shall advertise the bonds for sale in at least two issues in each of two newspapers, one of which shall be a newspaper of general circulation published in the City of Wilmington, Delaware, and the other a newspaper of general circulation published in the City of New York, inviting bids for the bonds. The advertisements shall state the total amount of the proposed issue, the denominations of the bonds, the place of payment of the bonds and interest, the place and date of opening bids, and the conditions under which the bonds are to be sold. The Levy Court may give notice of the sale of the bonds in such other manner as it may decide. The Levy Court may require each bid for the bonds to be accompanied by a certified check in an amount not in excess of two per cent (2%) of the total amount of the issue. After the bonds are awarded or sold to the successful bidder or bidders therefor, the Levy Court shall return to the unsuccessful bidder or bidders the certified check or checks submitted with the bid or bids. The Levy Court shall direct and effect the preparation and printing of the bonds and shall prescribe the form of bonds and the coupons for the payment of interest thereto attached. The bonds shall be signed by the President of the Levy Court, countersigned by the Clerk of the Peace and sealed with the official seal of the Levy Court. The Validity of the bonds shall not be dependent on nor effected by the valadity or regularity of any proceedings relating to the planning and construction of such addition. The resolution authorizing the bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and regularity of their issuance. Approved March 15, 1957. CHAPTER 14 REDUCING MINIMUM PAR VALUE OF CAPITAL STOCK OF CERTAIN BANKS AN ACT TO AMEND CHAPTER 7, TITLE 5, DELAWARE CODE OF 1953, RELATING TO BANKS AND TRUST COMPANIES BY REDUCING THE MINIMUM PAR VALUE OF CAPITAL STOCK OF A BANK ORGANIZED UNDER TITLE 5, CHAPTER 7, FROM TEN DOLLARS ($10.00) TO FIVE DOLLARS ($5.00). Be it enacted by the General Assembly of the State of Delaware: Section 1. § 746, Chapter 7, Title 5, Delaware Code of 1953, is amended by substituting the words and figures "Five Dollars ($5.00)" for the words and figures "Ten Dollars ($10.00)" in the first sentence of said section. Approved March 15, 1957. 21 22 CHAPTER 15 RELATING TO BANKS AND TRUST COMPANIES AN ACT TO AMEND CHAPTER 7, TITLE 5, DELAWARE CODE OF 1953, RELATING TO BANKS AND TRUST COMPANIES BY CHANGING THE LOWER LIMIT TO WHICH PAR VALUE OF THE STOCK OF A BANK OR TRUST COMPANY MAY BE REDUCED BY AMEND-MENT OF ITS CHARTER OR CERTIFICATE OF INCOR-PORATION FROM TEN DOLLARS ($10.00) TO FIVE DOLLARS ($5.00). Be it enacted by the General Assembly of the State of Delaware: Section 1. § 749 (b), Chapter 7, Title 5, Delaware Code of 1953, is amended by substituting the words and figures "Five Dollars ($5.00)" for the words and figures "Ten Dollars ($10.00)" wherever the same appear in said subsection. Approved March 15, 1957. CHAPTER 16 REPEALING PROVISIONS OF FIDUCIARIES OF OIL, GAS OR MINERAL LEASEHOLD INTERESTS AN ACT TO REPEAL CHAPTER 29, TITLE 5, OF THE 1953 DELAWARE CODE ENTITLED "FIDUCIARIES OF OIL, GAS OR MINERAL LEASEHOLD INTERESTS." Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 29, Title 5 of the Delaware Code is hereby repealed. Approved March 15, 1957. 23 24 CHAPTER 17 EXEMPTING NEW TEMPLE CORPORATION FROM REAL PROPERTY TAXATION AN ACT TO AMEND CHAPTER 81, TITLE 9, DELAWARE CODE, RELATING TO SPECIFIC ORGANIZATIONS EXEMPT FROM CERTAIN TAXATION AND ASSESS-MENT ON REAL PROPERTY. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 8105, Title 9, Delaware Code, is amended by adding at the end thereof the name "New Temple Corporation." Approved March 15, 1957. CHAPTER 18 RELATING TO ADMISSIONS TO HOSPITAL FOR MENTALLY RETARDED AN ACT TO AMEND CHAPTER 55, TITLE 16, DELAWARE CODE, IN RESPECT TO ADMISSION, DETENTION AND COMMITMENT OF PERSONS TO THE HOSPITAL FOR THE MENTALLY RETARDED AT STOCKLEY, DELA-WARE; AND TO PROVIDE FOR APPEALS. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 5521 and § 5522, Title 16, Delaware Code, are amended by striking out the said sections and substituting the following sections : § 5521. Voluntary commitments; observation Upon the recommendation of the Mental Hygiene Clinic of the State of Delaware, any mentally retarded minor may be committed to the Hospital at Stockley provided that the minor's parent or legal guardian requests such admission. A public or private agency having the legal care and custody of a minor shall be deemed the legal guardian of such minor for the pur-poses of this section whether or not the Court has officially designated such agency as guardian. The State Board of Trustees of the Delaware State Hospital at Farnhurst may establish a voluntary admission pro-cedure for the observation, study, diagnosis or treatment of any person who is or may be mentally retarded. § 5522. Involuntary detention or commitment; appeal (a) No adult person may be received as a patient for involuntary detention in the Hospital at Stockley unless his presence in the community would be detrimental to himself or to the community and then only after : 25 26 Chapter 18 A certificate stating that the person is mentally re-tarded has been made upon the recommendation of the Mental Hygiene Clinic or of the State Psychiatrist, including a com-plete report of a qualified clinical psychologist, and signed by at least two physicians, residents of this State who have been actively engaged in the practice of medicine for at least five years heretofore within the continental limits of the United States and who are residents of the same county as the person alleged to be mentally retarded; The certificate shall be filed with the Superintendent of the Hospital at Stockley; The certificate shall be made within one week after the examination of such person and within two weeks of the time of the filing of the same with the Superintendent; The certificate shall be signed by the physicians who shall also make affidavit to the truth of the facts and state-ments therein contained, which affidavit may be made before any officer authorized to administer oaths within the State. (b) The patient or any person related to or connected with him by blood or marriage, shall have the right at any time to appeal the commitment as evidenced by the certificate to the Court of Chancery. The Court of Chancery shall have full power to hear and determine the appeal and to protect all of the patient's constitutional rights in respect thereto. The Court may, if the petitioner so requests, call a jury to determine whether the patient is mentally retarded. Section 2. This act shall be effective upon approval as to any admission, detention or commitment which shall take place after the effective date of this act. The law shall remain as heretofore as to any admission, detention or commitment which took place prior to the approval of this act but nothing herein contained shall prevent the Trustees from re-examining and re-considering any such prior admission, detention or commitment. Approved March 18, 1957. 27 CHAPTER 19 INCREASING AMOUNT LEVY COURT MAY EXPEND FOR LIBRARIES OUTSIDE CITY OF WILMINGTON AN ACT TO AMEND CHAPTER 15, TITLE 9, DELAWARE CODE RELATING TO LEVY COURT OF NEW CASTLE COUNTY. Be it enacted by the General Assembly of the State of Delaware: Section 1. That § 1562 (a) Title 9 Delaware Code is hereby amended by striking out the figures "$75,000" as they appear at the end thereof and substituting in lieu thereof the figures "$125,000" Approved March 18, 1957. CHAPTER 20 CONSTITUTIONAL AMENDMENT RELATING TO JUDICIARY AN ACT AGREEING TO A PROPOSED AMENDMENT TO ARTICLE IV OF THE CONSTITUTION OF THE STATE OF DELAWARE, RELATING TO THE JUDICIARY. WHEREAS, an amendment to the Constitution of the State of Delaware was proposed to the 118th General Assembly as follows: AN ACT PROPOSING CERTAIN AMENDMENTS TO AR-TICLE IV OF THE CONSTITUTION OF THE STATE OF DELAWARE, RELATING TO THE JUDICIARY. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each House agreeing thereto): Section 1. Article IV, Section 13 of the Constitution of the State of Delaware is amended by striking out all of that Section and inserting in lieu thereof a new Section 13 to read as follows : Section 13. The Chief Justice of the Supreme Court, or in case of his absence from the State, or incapacity, the Senior Associate Justice of the Supreme Court, or in case of his absence from the State, or incapacity, the remaining Associate Justice of the Supreme Court, shall be the administrative head of all the Courts in the State, and shall have general administrative and supervisory powers over all the courts. Such powers shall include but shall not be limited to the following: (1) Upon the approval of a majority of the Justices of the Supreme Court to adopt rules for the administration of justice and the conduct of the business of any or all the courts in this State: Provided, however, that any other of the courts in this State may from time to time, subject to the exercise of the power in this paragraph (1) conferred upon the Justices of the Supreme Court, adopt rules of pleading practice and proce-dure applicable to such Court. Chapter 20 29 (2) Upon written request made by the Chancellor, or in his absence or incapacity by the Vice Chancellor, or upon the written request made by the President Judge of the Superior Court and of the Orphans' Court, or in his absence or incapacity by the Senior Associate Judge, to designate one or more of the State Judges (including the Justices of the Supreme Court) to sit in the Court of Chancery, the Superior Court, or the Orphans' Court, as the case may be, and to hear and decide such causes in such Court and for such period of time as shall be designated. It shall be the duty of the State Judge so designated to serve according to such designation as a Judge of the Court desig-nated. The provisions of this paragraph shall not be deemed to limit in any manner the powers conferred upon the judges of the Superior Court under Section 14 of this Article. Section 2. Article IV, Section 5 of the Constitution of the State of Delaware is amended by striking out all of that Section and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The President Judge of the Superior Court and the Orphans' Court and the four Associate Judges thereof shall compose the Superior Court and the Orphans' Court, as herein-after prescribed. In each of the said courts the President Judge when present shall preside and in his absence the senior Asso-ciate Judge present shall preside. One Judge shall constitute a quorum of the said courts, re-spectively, except in the Superior Court sitting to try a criminal case involving a charge of capital felony, when three judges shall constitute a quorum, and except in the Superior Court sitting to try cases of prosecution under Section 8 of Article V of this Constitution, when two Judges shall constitute a quorum. One Judge may open and adjourn any of said courts. Section 3. Article IV, Section 6 of the Constitution of the State of Delaware is amended by striking out all of that Section and inserting in lieu thereof a new Section 6 to read as follows : Section 6. Subject to the provisions of Section 5 of this Article two or more sessions of the Superior Court and of the Orphans' Court may at the same time be held in the same County or in different Counties. 30 Chapter 20 Section 4. Article IV, Section 10 of the Constitution of the State of Delaware is amended by striking out all of that Section and inserting in lieu thereof a new Section 6 to read as follows : Section 10. The Chancellor and the Vice Chancellor or Vice Chancellors shall hold the Court of Chancery. One of them, re-spectively, shall sit alone in that court. This court shall have all the jurisdiction and powers vested by the laws of this State in the Court of Chancery. In any cause or matter in the Court of Chancery that is initiated by an application to a Judge of that Court, the application may be made directly to the Chancellor or a Vice Chancellor. Causes or proceedings in the Court of Chancery shall be decided, and orders or decrees therein shall be made by the Chancellor or Vice Chancellor who hears them, respectively., AND WHEREAS, the said proposed amendment was agreed to by two-thirds of all the members elected to each House in the said 118th General Assembly, NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each Branch concurring therein): Section 1. The said proposed amendment is agreed to and adopted and shall forthwith become a part of the Constitution. Effective March 7, 1957. CHAPTER 21 APPROPRIATION FOR IMPROVEMENT OF PEPPER'S CREEK AN ACT MAKING AN APPROPRIATION TO THE DELAWARE COMMISSION OF SHELL FISHERIES FOR THE STATE'S SHARE OF THE INITIAL COSTS OF THE IMPROVE-MENT OF THE INDIAN RIVER BAY CHANNEL VIA PEPPER'S CREEK IN SUSSEX COUNTY, AND AUTHOR-IZING AND EMPOWERING THE SAID COMMISSION TO ACT AS THE AGENCY OF THE STATE OF DELAWARE TO DO ALL THINGS NECESSARY TO COMPLY WITH THE REQUIREMENTS OF THE UNITED STATES GOV-ERNMENT RELATIVE TO THE STATE'S CONTRIBU-TION TO SAID IMPROVEMENT. WHEREAS, the channel leading from Indian River Bay via Pepper's Creek to Dagsboro has by reason of natural ele-ments shoaled from said river for all of its distance up to the town of Dagsboro so that except there be extreme tides it has become impossible for boats drawing more than four feet of water to land their passengers and freight at any of the docks or wharves in or near the said town of Dagsboro ; and WHEREAS, it has become necessary for said channel to be dredged so that all shipping may have safe and sure passage from the said channel to the said docks and wharves in or near the said town of Dagsboro ; and WHEREAS, The United States Government, through its proper agencies is prepared to expend the sum of one hundred and twenty-five thousand dollars ($125,000.00) for said project, provided the State of Delaware will authorize and empower the proper State authorities to make necessary contracts with the United States Government and others ; to secure all lands, ease-ments, and rights-of-ways and spoil disposal areas for the initial work and for subsequent maintenance ; to hold and save the United States free from claims for damages resulting from the improvements; and to give assurance satisfactory to the Secre-tary of War that suitable terminal facilities will be provided and maintained, open to all on equal terms, 31 32 Chapter 21 NOW, THEREFORE, in order to avail the State of Delaware of the offer on the part of the government of the United States, Be it enacted by the General Assembly of the State of Delaware: Section 1. That the Delaware Commission of Shell Fisher-ies is hereby authorized and empowered as the agent of the State of Delaware to enter into all necessary contracts with the proper agency of the government of the United States and to do all other things necessary to be done in order that the State of Delaware may avail itself of the offer of the federal government to improve the channel in Sussex County. Section 2. That the sum of thirty thousand dollars ($30,000) is hereby appropriated to the Delaware Commission of Shell Fisheries for use in carrying out the purposes of this Act, twenty-five thousand dollars ($25,000) of which sum so appropriated shall be paid the proper agency of the United States Government as the contribution of the State of Delaware to the initial cost of the improvement mentioned therein, and five thousand dollars ($5,000) of which appropriation shall be used for other purposes necessary to be done or performed on the part of the State of Delaware. The amount so appropriated shall be paid out of the State Treasury of the State of Delaware upon warrants duly signed and approved by the proper officers of the Delaware Commission of Shell Fisheries. Section 3. This bill shall be known as a Supplementary Appropriation Bill, and the moneys hereby appropriated shAll be paid out of the General Fund of the State Treasury from sums not otherwise appropriated. The funds hereby appropriated shall revert to the General Fund of the State Treasury if the United States Government fails, neglects or refuses to carry out its offer of expending the sum of One Hundred and Twenty-five Thou-sand Dollars ($125,000.00) to improve said channel by June 30, 1959. In the event the United States Government does carry out its said offer to improve said channel and any part of said sum hereby appropriated remains unexpended after the completion of the purposes of this act, the unexpended part thereof shall revert to the General Fund of the State Treasury. Approved March 25, 1957. CHAPTER 22 APPROPRIATION FOR IMPROVEMENT OF WHITE'S CREEK AN ACT MAKING AN APPROPRIATION TO THE DELAWARE COMMISSION OF SHELL FISHERIES FOR THE STATE'S SHARE OF THE INITIAL COSTS OF THE IMPROVE-MENT OF WHITE'S CREEK BETWEEN INDIAN RIVER BAY AND A POINT BEYOND ASSAWOMAN CANAL TO LORD BALTIMORE SCHOOL IN SUSSEX COUNTY, AND AUTHORIZING AND EMPOWERING THE SAID COM-MISSION TO ACT AS THE AGENCY OF THE STATE OF DELAWARE TO DO ALL THINGS NECESSARY TO COM-PLY WITH THE REQUIREMENTS OF THE UNITED STATES GOVERNMENT RELATIVE TO THE STATE'S CONTRIBUTION TO SAID GOVERNMENT. WHEREAS, the channel leading from Indian River Bay to Assawoman Canal known as White's Creek, and beyond Assa-woman Canal up White's Creek, a distance of about three-quar-ters of a mile to Lord Baltimore School, near Ocean View, Sussex County, Delaware, has by reason of natural elements shoaled from said canal for all its distance up to the Assawoman Canal and beyond to Lord Baltimore School so that except there be extreme tides it has become impossible for boats drawing more than five feet of water to land their passengers and freight at any of the docks or wharves along said White's Creek ; and WHEREAS, it has become necessary for said channel to be dredged to such depth and width so that all shipping, drawing at least six feet of water, may have safe and sure passage from the said channel to the said docks and wharves in or near the said town of Ocean View ; and WHEREAS, the United States Government, through its proper agencies is prepared to expend the sum of One Hundred and Twenty-Five Thousand Dollars ($125,000.00) for said project, provided the State of Delaware will authorize and em-power the proper State authorities to make necessary contracts with the United States Government and others ; to secure all 33 34 Chapter 22 lands, easements, and rights-of-ways and spoil disposal areas for the initial work and for subsequent maintenance; to hold and save the United States free from claims for damages resulting from the improvements ; and to give assurance satisfactory to the Secretary of War that suitable terminal facilities will be provided and maintained, open to all on equal terms, NOW, THEREFORE, in order to avail the State of Dela-ware of the offer on the part of the government of the United States, Be it enacted by the General Assembly of the State of Delaware: Section 1. The Delaware Commission of Shell Fisheries is authorized and empowered as the agent of the State of Delaware to enter into all necessary contracts with the proper agency of the government of the United States in order that the State of Delaware may avail itself of the offer of the Federal Government to dredge the channel in Sussex County, known as White's Creek, leading from Indian River Bay to a point about three-quarters of a mile beyond Assawoman Canal to Lord Baltimore School, and to secure all lands, easements and rights-of-ways and spoil dis-posal areas for the initial work and for subsequent maintenance, to hold and save harmless the United States free from claims for damages resulting from the improvements, and to give the Secre-tary of War of the United States such assurances, and to do all other things necessary to be done in order that the State of Dela-ware may avail itself of said offer to improve said channel. Section 2. Upon compliance with the provisions of this Act, the said channel shall be dredged and improved to such depth and width so that all shipping, drawing at least six feet of water, may have safe and sure passage through and from the said channel to the docks and wharves in or near the town of Ocean View. Section 3. The sum of Thirty Thousand Dollars ($30,000.00) is appropriated to the Delaware Commission of Shell Fisheries for use in carrying out the purposes of this Act, Twenty-five Thousand Dollars ($25,000.00) of which sum so appropriated Chapter 22 35 shall be paid the proper agency of the United States Government as the contribution of the State of Delaware to the initial cost of the improvement mentioned therein, and Five Thousand Dollars ($5,000.00) of which sum so appropriated shall be used for other purposes necessary to be done or performed on the part of the State of Delaware. The amount so appropriated shall be paid out of the State Treasury of the State of Delaware upon warrants duly signed and approved by the proper officers of the Delaware Commission of Shell Fisheries. The funds hereby appropriated shall revert to the General Fund of the State Treasury if the United States Government fails, neglects or refuses to carry out its offer of expending the sum of One Hundred and Twenty-five Thousand Dollars ($125,000.00) to improve said channel by June 30, 1959. In the event the United States Government does carry out its said offer to improve said channel and any part of said sum hereby appropriated remains unexpended after the completion of the purposes of this Act, the unexpended part thereof shall revert to the General Fund of the State Treasury. Section 4. This Bill shall be known as a Supplementary Appropriation Bill, and the money hereby appropriated shall be paid out of the General Fund of the State of Delaware. Approved March 25, 1957. 36 CHAPTER 23 EXTENDING TIME LIMITS FOR BONUS PAYMENTS TO WORLD WAR II VETERANS AN ACT TO AMEND CHAPTER 535 OF VOLUME 50 LAWS OF DELAWARE ENTITLED "AN ACT TO APPROPRIATE FUNDS TO THE DELAWARE VETERANS' MILITARY PAY COMMISSION TO PAY CERTAIN VALID CLAIMS OF VETERANS OF WORLD WAR II WHICH ARE BAR-RED BY THE LAPSE OF TIME" BY EXTENDING CER-TAIN TIME LIMITS THEREIN. Be it enacted by the General Assembly of the State of Delaware: Section 1. That Section 1 of Chapter 536 Volume 50 Laws of Delaware is amended by striking out "1957" as it appears therein and substituting "1958". Section 2. That Section 2 of Chapter 535 Volume 60 Laws of Delaware is amended by striking out "January 30, 1957" as it appears therein and substituting "June 30, 1968". Approved March 25, 1957. CHAPTER 24 EXTENDING EXPIRATION DATE FOR PAYMENT OF BONUS FOR WORLD II VETERANS AN ACT TO AMEND CHAPTER 440, VOLUME 50 LAWS OF DELAWARE BY EXTENDING THE EXPIRATION DATE FOR VARIOUS PROVISIONS OF THE VETERANS' MILI-TARY PAY ACT NO. II. Be it enacted by the General Assembly of the State of Delaware: Section 1. That Section 4 (c) of Chapter 449, Volume 50 Laws of Delaware is amended by striking out "1957" as it appears therein and substituting "1958". Section 2. That Section 5 (b) of Chapter 449, Volume 50 Laws of Delaware is amended by striking out "1957" as it appears therein and substituting "1958". Section 3. That Section 5 (c) of Chapter 449, Volume 50 Laws of Delaware is amended by striking out "1957" as it appears therein and substituting "1958". Section 4. That Section 8 of Chapter 449, Volume 50 Laws of Delaware is amended by striking out "1957" as it appears therein and substituting "1958". Section 5. That Section 9 of Chapter 449, Volume 50 Laws of Delaware is amended by striking out "1957" as it appears therein and substituting "1958". Section 6. That Section 13 of Chapter 449, Volume 50 Laws of Delaware is amended by striking out "1958" as it appears therein and substituting "1959". Section 7. That Section 23 of Chapter 449, Volume 50 Laws of Delaware is amended by striking out the words "A final report shall be made by the Commission on June 30, 1957" as they appear therein and substituting "A final report shall be made by the Commission on June 30, 1958". Approved March 25, 1957. S7 38 CHAPTER 25 APPROPRIATION KRUSE SCHOOL AN ACT TO APPROPRIATE FUNDS TO KRUSE SCHOOL FOR THE CURRENT FISCAL YEAR. WHEREAS, it is necessary to adjust the hours and com-pensation of certain personnel at the Kruse School in order to fill vacancies on the staff and to retain competent personnel, NOW, THEREFORE Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $8,000 is appropriated to the Kruse School for the fiscal year ending July 1, 1957. Section 2. This act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved April 1, 1957. CHAPTER 26 PERMITTING MOTOR FUEL TAX REFUNDS TO VOLUNTEER FIREMEN AND VETERAN ORGANIZATIONS AN ACT TO AMEND CHAPTER 51, TITLE 30 DELAWARE CODE BY PERMITTING VOLUNTEER FIRE COM-PANIES AND VETERAN ORGANIZATIONS CERTAIN RIGHTS TO REFUNDS ON THE TAX PAID ON MOTOR FUELS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 5143 of Title 30 Delaware Code is amended by adding to subsection (a) thereof a new subsection to be known as subsection (3) to read as follows : (3) Motor fuel sold and delivered to and used by Volunteer Fire Companies in any of their vehicles, and motor fuel sold and delivered and used by Veteran Organizations in their am-bulances when such ambulances are used on a voluntary basis. Section 2. Section 5143 of Title 30 Delaware Code is amended by striking out subsection (b) thereof and by substi-tuting in lieu thereof a new section (b) to read as follows: (b) When motor fuel is sold to a person as described in paragraphs (1), (2), and (3) of subsection (a) of this section who shall claim to be entitled to a refund of the tax hereunder, the seller of such motor fuel shall make out in triplicate, on forms prescribed and supplied by the Highway Department, a statement setting forth the name and address of the purchaser, the number of gallons of motor fuel so sold, the proposed use for which such motor fuel is purchased, and such other infor-mation as the Highway Department shall require. The original of such statements shall be mailed by the seller to the Highway Department not later than the tenth day of the following month. The duplicate of such statement shall be given to the purchaser at the time of sale. The triplicate shall be retained by the seller in his place of business for a period of two years. Approved April 3, 1957. 39 40 CHAPTER 27 RELATING TO DIVORCE AN ACT TO AMEND TITLE 13, DELAWARE CODE, EN-TITLED "DOMESTIC RELATIONS" IN REGARD TO DIVORCE. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 1522, Title 13, Delaware Code, is amended by adding the following new paragraph at the end thereof: (11) When husband and wife have voluntarily lived sepa-rate and apart, without any cohabitation for three consecutive years prior to the filing of the divorce action and such separation is beyond any reasonable expectation of reconciliation. Approved April 3, 1957. CHAPTER 28 RELATING TO SMALL LOANS AN ACT TO AMEND CHAPTER 21, TITLE 5, DELAWARE CODE, RELATING TO SMALL LOANS BY INCREASING THE COST OF THE CERTIFICATE RENEWAL FEE. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 2104, Title 5, Delaware Code, is amended by substituting the figures 150" for the figures "$25" as the same appear therein. Approved April 3, 1957. 41 42 CHAPTER 29 RELATING TO WORKING DAYS OF RETIRED SCHOOL EMPLOYEES AN ACT TO AMEND CHAPTER 55, TITLE 29, DELAWARE CODE ENTITLED, "STATE EMPLOYEES PENSION PLAN" BY INCREASING THE NUMBER OF WORKING DAYS FOR RETIRED SCHOOL EMPLOYEES. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 5508, Chapter 55, Title 29, Delaware Code is amended by striking out the title of § 5508 and substituting thereof the following title : § 5508. Employment of pension beneficiaries by the State; ex-ception of retired school employees in emergencies, members of the General Assembly Section 2. § 5508 is hereby amended by striking out the words and numbers "30 days" wherever such words and num-bers appear in this section and inserting in lieu thereof the words and numbers "60 days". Section 3. § 5508 is further amended by striking out the word "retired teacher" wherever such appears in this section and substituting in lieu thereof the words "retired school em-ployees". Section 4. § 5508 is further amended by striking out the word "teacher" in the fifth line following the word "substitute" and inserting in lieu thereof the word "employee". Approved April 3, 1957. CHAPTER 30 REPEALING REQUIREMENT THAT RECEIVER OF TAXES SHALL SIT IN EACH HUNDRED AN ACT TO AMEND TITLE 9, DELAWARE CODE, ENTITLED "COUNTIES" TO REPEAL REQUIREMENT THAT RE-CEIVER OF TAXES SIT IN EACH HUNDRED OF NEW CASTLE COUNTY. Be it enacted by the General Assembly of the State of Delaware: Section 1. 8606, Title 9, Delaware Code, is amended by repealing subsection (a) thereof. Approved April 3, 1957. 43 44 CHAPTER 31 APPROPRIATION BLADES SCHOOL DISTRICT AN ACT APPROPRIATING MONEY TO BLADES SCHOOL DISTRICT #172. Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of Two Thousand Two Hundred Dol-lars ($2,200.00) is hereby appropriated to the Board of School Trustees of the Blades School District #172 to defray unfore-seen operational expenses during the fiscal year ending June 30, 1957. Section 2. This Act is a Supplementary Appropriation Act and the funds herein appropriated shall be paid out of the General Fund of the State of Delaware, and any funds hereby appropriated remaining unexpended at the end of the current fiscal year on June 30, 1957, shall revert to the General Fund. Approved April 11, 1957. 45 CHAPTER 32 APPROPRIATION LILL/E MARVEL AN ACT AUTHORIZING THE PAYMENT OF MONEY TO LILLIE MARVEL. WHEREAS, Mr. Woodie Marvel was working on the Sea-ford Bridge on Saturday, July 14, 1956; and WHEREAS, Mr. Marvel was accidentally killed as a result of a signal falling on him while he was working on said bridge ; and WHEREAS, Mr. Marvel is survived by a widow who is in dire and necessitous circumstances; NOW THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. The State Treasurer is hereby directed and au-thorized to pay the sum of Four Thousand Dollars ($4,000.00) to Mrs. Lillie Marvel, Seaford, Delaware, widow of Mr. Woodie Marvel who was killed while working on the Seaford Bridge. Section 2. This Act shall be known as a Supplementary Appropriation Act and the money hereby appropriated shall be paid out of the General Fund of the State of Delaware. Approved April 11, 1957. 46 CHAPTER 33 RELATING TO SEWER PERMITS IN NEW CASTLE COUNTY AN ACT TO AMEND CHAPTER 22 OF TITLE 9, DELAWARE CODE OF 1953, AS AMENDED, BY PROVIDING THAT THE LEVY COURT OF NEW CASTLE COUNTY SHALL ESTABLISH REGULATIONS FOR THE ISSUANCE OF SEWER PERMITS AND AUTHORIZING THE LEVY COURT OF NEW CASTLE COUNTY TO ESTABLISH THE FORM OF SEWER LIEN DOCKET FOR RECORD-ING OF SEWER SERVICE CHARGES AND FEES. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 2212, Chapter 22, Title 9, Delaware Code of 1953, be and it hereby is amended by repealing and striking out all of Section 2212 and enacting and substituting in lieu thereof the following: Section 2212 (a) : The Levy Court of New Castle County shall establish regulations and fees for the issuance of sewer permits required in Section 2216. Upon issuance of the sewer permit, the fees for such permits shall become liens against the property for which the permit is issued. The lien for sewer permits and the lien for sewer service shall be superior and paramount to the interest in such parcel of and owner, lessee, tenant, mortgagee, or other person, except to the lien of taxes. The County Engineer shall issue the permits and collect the fees arising therefrom for the use of the Levy Court. The County Engineer shall, under supervision and direction of the Levy Court, prepare a docket to be known as the New Castle County Sewer Lien Docket in which shall be recorded the liens for sewer permits. The form of the docket shall be established by the Levy Court. No sewer permit lien shall be valid unless duly recorded in the said New Castle County Sewer Lien Docket. All sewer permit liens duly recorded in the docket shall continue in full force and effect until the liens have been satisfied by payment, and when such liens are satisfied by payment the County Engi- Chapter 33 47 neer, acting under the supervision and direction of the Levy Court shall satisfy of record the liens entering thereon the date of final payment, and signing the docket. The County Engi-neer, for the use of the Levy Court, shall receive a fee of fifty cents for each satisfaction so recorded. The Levy Court shall also establish the form in which the record of the sewer service liens shall be kept. Such records shall be in the custody of the County Engineer. (b) All proceedings taken and all acts done prior to the effective date of this act, purporting to establish liens for sewer service and for front foot fees are hereby legalized, validated and confirmed, notwithstanding any errors, omissions or irreg-ularities in the act or the establishment of a sewer lien docket or other records relating thereto. Approved April 10, 1957. 48 CHAPTER 34 RELATING TO STATE SUPPORTED SALARY SCHEDULES FOR SCHOOL EMPLOYEES AN ACT TO AMEND CHAPTER 13, TITLE 14, DELAWARE CODE RELATING TO STATE SUPPORTED SALARY SCHEDULES FOR SCHOOL EMPLOYEES. Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 13, Title 14, Delaware Code is amend-ed by striking out § 1309 thereof and substituting and enacting in lieu thereof the following new section: § 1309. Salary Schedule for secretaries Secretaries who have the qualifications required by the State Board of Education shall be paid a basic salary of $185.00 per month, plus $10.00 per month for each year of experience up to a maximum of $325.00 per month for secretaries having 14 or more years of experience. Section 2. The salary schedule set forth in Section 1 hereof shall be considered applicable from July 1, 1956 and those qualified persons who received less than an amount so calculable between July 1, 1956 and the date of passage of this act shall be entitled to receive the additional difference. Section 3. To carry out the provisions of this Act, there is appropriated to the State Board of Education the sum of $11,100.00 for the fiscal year ending June 30, 1957. Section 4. This Act is a Supplementary Appropriation, and the money hereby appropriated shall be paid out of the General Fund of the State of Delaware. Approved April 10, 1957. CHAPTER 35 RELATING TO TERMS OF SUSSEX COUNTY LEVY COURT COMMISSIONERS AN ACT TO AMEND CHAPTER 3, TITLE 9 OF THE DELA-WARE CODE RELATING TO LEVY COURT OF SUSSEX COUNTY. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 305, Paragraph (c) Title 9 of the Delaware Code is amended by striking out Paragraph (c) of Section 305 and substituting in lieu thereof the following: Section 305 (c). The terms of office of Levy Court Com-missioners of Sussex County shall be six years, commencing on the first Tuesday in January following the election, except that at the General election held in 1960 one of said Levy Court Com-missioners shall be elected for a term of four years and one for a term of six years. Approved April 10, 1957. 49 50 CHAPTER 36 PROVIDING PENSION PAYMENTS TO EDITH E. FRENCH AN ACT TO PROVIDE A SURVIVOR'S PENSION FOR EDITH E. FRENCH, A WIDOW WHOSE HUSBAND DIED SEV-ENTEEN DAYS BEFORE BECOMING ELIGIBLE FOR A STATE PENSION. Be it enacted by the General Assembly of the State of Delaware: Section 1. The State Treasurer in determining the eligi-bility of Edith E. French for survivor's benefits under the State Pension system shall allow full credit for all paid vacation due her husband as a State employee at the time of his death as if he had in fact been in covered employment during such earned vacation period. Approved April 12, 1957. 51 CHAPTER 37 APPROPRIATION PALMER HOME, INCORPORATED AN ACT APPROPRIATING CERTAIN MONEY TO PALMER HOME, INCORPORATED. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the Members elected to each House thereof concurring therein): Section 1. The sum of Eight Thousand Seven Hundred Dollars ($8,700.00) is appropriated to Palmer Home, Incor-porated, a corporation of the State of Delaware, for the care and maintenance of old age persons at the Old Folk's Home at Dover, and for operation for the biennium beginning July 1, 1957 and ending June 30, 1959. Four Thousand Three Hundred and Fifty Dollars ($4,350.00) of said sum shall be paid within three months after July 1, 1957 and a like sum of Four Thousand Three Hun-dred and Fifty Dollars ($4,350.00) shall be paid within three months after July 1, 1958. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved April 15, 1957. 52 CHAPTER 38 APPROPRIATION LAYTON HOME FOR AGED COLORED PERSONS AN ACT APPROPRIATING MONEY TO LAYTON HOME FOR AGED COLORED PERSONS. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the Members elected to each Branch thereof concurring therein): Section 1. The sum of Ten Thousand Dollars ($10,000.00) is appropriated to the Layton Home for Aged Colored Persons for the care and maintenance of old age colored persons for operation expenses for the biennium beginning July 1, 1957 and ending June 30, 1959. Five Thousand Dollars ($5,000.00) of said sum shall be paid within three months after July 1, 1957 and a like sum of Five Thousand Dollars ($5,000.00) shall be paid within three months after July 1, 1958. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved April 15, 1957. CHAPTER 39 EXEMPTING MINORS FROM CERTAIN LABOR CERTIFICATES AN ACT TO AMEND TITLE 19, DELAWARE CODE, ENTIT-LED "LABOR" TO EXEMPT MINORS FROM CERTAIN LABOR CERTIFICATE REQUIREMENTS AFTER THEIR 18TH BIRTHDAY. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 541 (b) , Title 19, Delaware Code, is amended to read as follows : (b) No child who has attained his sixteenth birthday but has not yet attained his eighteenth birthday shall be employed, permitted or suffered to work in, about or in connection with any establishment or in any occupation, unless the employer of such child procures and keeps on file and accessible a certificate of age issued to the child by the Labor Commission. Approved April 15, 1957. 53 54 CHAPTER 40 TOWN OF WYOMING AN ACT TO AMEND AN ACT ENTITLED "AN ACT CHANG-ING THE CORPORATE NAME OF 'THE COMMISSION-ERS OF WYOMING' TO 'THE TOWN OF WYOMING' AND ESTABLISHING A CHARTER THEREFOR", BEING CHAPTER 189, VOLUME 43, LAWS OF DELAWARE, 1941, AS AMENDED BY CHAPTER 87, VOLUME 47, LAWS OF DELAWARE, 1949, BY INCREASING THE AMOUNT OF MONEY WHICH MAY BE RAISED EACH YEAR IN TAXES. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House thereof concurring therein): Section 1. Section 15 of Chapter 189, Volume 43, Laws of Delaware, 1941, as amended, is hereby further amended by striking out all of paragraph 13 of said section and substituting in lieu thereof a new paragraph 13, to read as follows : 13. The limit of the amount to be raised by taxation under this Section shall not exceed the sum of $20,000 in any one year clear of all delinquencies and expenses of collection ; provided, however, that the Council of the said Town, whenever author-ized by referendum vote duly held and conducted in all respects as provided for in Section 5 of this Act, may raise by taxation any amount above and exceeding the sum of $20,000. At such referendum one set of ballots used shall have written or printed thereon the words "for increased taxation", and another set of ballots shall have written or printed thereon the words "against increased taxation", and both sets of ballots shall specify thereon the amount proposed to be raised. Any sum authorized by refer-endum to be raised by taxation pursuant to the provisions of this Act shall become and remain the lawful maximum sum to be raised by taxation in any one year until such time as such maximum sum shall be increased, either by another referendum held under the provisions hereof, or by Act of the General Assembly of the State of Delaware. Approved April 15, 1957. 55 CHAPTER 41 APPROPRIATION ROSS POINT SCHOOL DISTRICT AN ACT APPROPRIATING MONEY TO ROSS POINT SCHOOL DISTRICT #215. Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of Two Hundred ($200.00) Dollars is hereby appropriated to the Ross Point School District #215 to be used for the clearing, filling and improvement of the school grounds. Section 2. This act is a Supplementary Appropriation Act and the funds herein appropriated shall be paid out of the General Fund of the State of Delaware, and any funds hereby appropriated remaining unexpended at the end of the current fiscal year on June 30, 1957, shall revert to the General Fund. Approved April 15, 1957. 3. !IA 4/ 10 ^INC. f 56 CHAPTER 42 APPROPRIATION NEW CASTLE HISTORIC BUILDINGS COMMISSION AN ACT TO APPROPRIATE MONEY TO THE NEW CASTLE HISTORIC BUILDINGS COMMISSION FOR THE PUR-POSE OF REPAIRING AND RESTORING THE CENTRAL PORTION OF THE NEW CASTLE COURTHOUSE. WHEREAS, The New Castle Historic Buildings Commis-sion was created by the 118th General Assembly of the State of Delaware for the purposes of restoring, maintaining and preserving the buildings on the Green in New Castle, Delaware; and WHEREAS, the recent restoration work on the Court-house which was carried out pursuant to the direction of the 118th General Assembly has disclosed unanticipated and sub-stantial damage to the foundations, walls and main supporting timbers of the central portion of the Courthouse Building, the repair of which requires additional funds, NOW THEREFORE Be it enacted by the General Assembly of the State of Delaware: Section 1. That the sum of Forty Thousand Dollars ($40,000.00) is hereby appropriated to The New Castle His-toric Buildings Commission for the purpose of repairing and restoring the central portion of the New Castle Courthouse in New Castle, Delaware. Section 2. This Act is a supplementary appropriation, and the money hereby appropriated shall be paid out of the General Fund of the State of Delaware, and any money not expended by July 1, 1959 shall revert to the General Fund of the State of Delaware. Approved April 15, 1957. 57 CHAPTER 43 APPROPRIATION NEW CASTLE HISTORIC BUILDINGS COMMISSION AN ACT TO APPROPRIATE MONEY TO THE NEW CASTLE HISTORIC BUILDINGS COMMISSION FOR THE PUR-POSE OF REPAIRING AND RESTORING THE EAST WING OF THE NEW CASTLE COURTHOUSE. WHEREAS, The New Castle Historic Buildings Commis-sion was created by the 118th General Assembly of the State of Delaware for the purposes of restoring, maintaining and preserving the buildings on the Green in New Castle, Delaware; and WHEREAS, the examination of the east wing of the Court-house has disclosed large cracks in its walls and has also re-vealed the necessity for underpinning the foundation; NOW THEREFORE Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of Sixty Thousand Dollars ($60,000.00) is hereby appropriated to The New Castle Historic Buildings Commission for the purpose of repairing and restoring the east wing of the New Castle Courthouse in New Castle, Delaware. Section 2. This Act is a supplementary appropriation, and the money hereby appropriated shall be paid out of the General Fund of the State of Delaware, and any money not expended by July 1, 1959 shall revert to the General Fund of the State of Delaware. Approved April 15, 1957. CHAPTER 44 RELATING TO SICK LEAVE OF SCHOOL TEACHERS AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE BY INCREASING THE NUMBER OF UNUSED DAYS OF SICK LEAVE THAT MAY BE ACCUMULATED BY SCHOOL EMPLOYEES. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 1318 (a) of Title 14 of the Delaware Code is hereby amended by striking out the number "40" as it appears therein and by substituting and enacting in lieu thereof the number "120". Approved April 15, 1957. CHAPTER 45 APPROPRIATION PAYMENT OF EXPENSES OF 118TH GENERAL ASSEMBLY AN ACT TO AUTHORIZE PAYMENT OF CERTAIN UNPAID EXPENSES OF THE SENATE OF THE 118TH GENERAL ASSEMBLY OF THE STATE OF DELAWARE; APPRO-PRIATION. WHEREAS, The 118th General Assembly of The State of Delaware was terminated by expiration rather than adjourn-ment sine die, and WHEREAS, The House of Representatives of The 118th General Assembly passed a resolution paying the balance of their expenses before the session terminated but the Senate failed to do so, and WHEREAS, there are certain bills and expenses still re-maining unpaid, which should have been paid by The Senate of the 118th General Assembly and it is unfair that these not be paid, NOW THEREFORE Be it enacted by the General Assembly of the State of Delaware: Section 1. That the following listed items be paid to the parties designated in the amounts set forth after their respective names or designations as balance due for expenses of The Senate of the 118th General Assembly of The State of Delaware : Milford Chronicle Publishing Co., Milford, Del., Printing $ 374.40 Senators Mileage John W. Rollins .91.30 John E. Reilley 110.00 Section 2. This Act shall be known as a Supplementary Appropriation Act, and the money hereby appropriated shall be paid out of the General Fund of the State of Delaware. Approved April 16, 1957. 60 Chapter 45 Eugene Lammot 110.00 Elwood Melson, Jr. 123.20 Wilmer F. Williams 99.00 Calvin R. McCullough 105.60 John R. Butler 77.00 Walter J. Hoey 61.60 William B. Behen 5.50 S. W. Harrison 8.80 Jehu F. Camper 37.40 Clifford Pryor 44.00 William C. Paradee 24.20 William C. Covey 110.00 Curtis W. Steen 110.00 Robert E. Wilgus 119.90 Thomas L. Johnson 96.80 Attaches For 118th General Assembly Monica L. Brown, Att. Mess. 236.50 Jeannie Morris, Sec. to Lt. Gov. 236.50 Millard Cooper, Page 203.50 Louise Staats, Reading Clerk 236.50 Robert H. Wahl, Attorney 676.50 Wilson E. Campbell, Sec. to Senate 335.50 Clarence Reihm, Bill Clerk 236.50 Beatrice Hubbard, Secretary 236.50 Catherine Palmer, Secretary 236.50 Anna Fox, Supply Clerk 236.50 Francis Holliday, Clerk 203.50 CHAPTER 46 AUTHORIZING LEVY COURT TO APPROPRIATE MONEY TO KENT COUNTY VOLUNTEER FIREMEN AN ACT TO AMEND TITLE 9, DELAWARE CODE OF 1953 BY AUTHORIZING THE LEVY COURT OF KENT COUNTY TO APPROPRIATE CERTAIN MONEY TO THE KENT COUNTY VOLUNTEER FIREMEN'S ASSO-CIATION. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 4132, Title 9, Delaware Code of 1953 is amend-ed to read as follows : § 4132. Kent County Volunteer Firemen's Association The Levy Court of Kent County shall appropriate annually and on the first day of October of each year shall pay to the Kent County Volunteer Firemen's Association, the sum of $13,500.00 to be distributed by the Firemen's Association equally to each of the regularly organized and motorized fire companies, members of the Association, for the maintenance and upkeep of the fire equipment of the member companies. Approved April 17, 1957. 61 62 CHAPTER 47 RELATING TO SALE OF HUNTING AND FISHING LICENSES AN ACT TO AMEND CHAPTER 1, TITLE 7 OF THE DELA-WARE CODE RELATING TO THE USE OF FUNDS DERIVED FROM SALE OF HUNTING AND TRAPPING LICENSES. Be it enacted by the General Assembly of the State of Delaware: Section 1. That § 112, Title 7, Delaware Code be and it hereby is amended by repealing and striking out in its entirety, all of Section 112 and enacting and substituting in lieu thereof the following: § 112. Use of funds derived from sale of hunting and trapping licenses (a). All funds derived from the issuance of licenses issued by the Board for hunting and trapping shall be deposited by the Board with the State Treasurer to be by him retained until expended upon proper vouchers for the purposes of matching and securing money allotted to Delaware under the Acts of Congress approved September 2, 1937 (50 STAT. 917) as amended, and August 9, 1950 (64 STAT. 430) to provide Federal Aid to the States in wild life and fish restoration and any balance remaining in such fund after full provision is effected to insure matching in full of Federal Aid to the State of Delaware for wild life and fish restoration, shall be expended upon proper vouchers for the propagation of upland game including cotton-tail rabbits. Approved April 17, 1957. 63 CHAPTER 48 APPROPRIATION IMPROVEMENT OF ASSAWOMAN CANAL AN ACT APPROPRIATING FUNDS FOR THE IMPROVE-MENT OF THE ASSAWOMAN CANAL IN SUSSEX COUNTY. Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $40,000 is appropriated to the State Highway Department in order to clear the right-of-way of the Assawoman Canal in Sussex County and to dragline the existing channel thereof to a depth of 4 feet at low tide so as to make the waterway available for use of small craft. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved April 18, 1957. 64 CHAPTER 49 APPROPRIATION STATE HIGHWAY DEPARTMENT AN ACT MAKING A DEFICIENCY APPROPRIATION TO THE STATE HIGHWAY DEPARTMENT FOR MAIN-TENANCE. Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $250,000 is appropriated to the State Highway Department for the Salary and Wages Account of the Maintenance Division. The funds hereby appropriated are for the fiscal year ending June 30, 1957 and any funds not expended by that date shall revert to the General Fund. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved April 18, 1957. CHAPTER 50 APPROPRIATION BOARD OF POST MORTEM EXAMINERS AN ACT TO APPROPRIATE FUNDS TO THE BOARD OF POST MORTEM EXAMINERS TO PROVIDE FOR EX-PENSES OF THE OFFICE EXCLUSIVE OF THE SALARY OF THE STATE MEDICAL EXAMINER. WHEREAS, a Board of Post Mortem Examiners was cre-ated by the 118th General Assembly of the State of Delaware and the extent of its expense requirements pursuant to its statu-tory duties were not herebefore fully developed. NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. An additional sum of $5,000.00 for the fiscal year ending June 30, 1957, is appropriated to the Board of Post Mortem Examiners to take care of all its expenses authorized by the Act creating said Board, exclusive of the salary of the State Medical Examiner. Section 2. This is a supplementary appropriation Act and the funds hereby appropriated shall be paid by the State Trea-surer out of the General Fund of the State of Delaware. Approved April 18, 1957. 65 66 CHAPTER 51 ADDING WORDS "UNDER GOD" TO SALUTE TO FLAG AN ACT TO AMEND TITLE 14, OF THE DELAWARE CODE RELATING TO EDUCATION BY ADDING THE WORDS "UNDER GOD" TO THE SALUTE TO THE FLAG. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 4106, Title 14, of the Delaware Code is amend-ed to read as follows : § 4106. Salute to flag and pledge of allegiance In the opening exercises of every free public school each morning, the teachers and pupils assembled shall salute and pledge allegiance to the American flag as follows : "I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation, under God, indivisible, with liberty and justice for all". Approved April 18, 1957. CHAPTER 52 TOWN OF CLAYTON AN ACT TO AMEND CHAPTER 138, VOLUME 41, LAWS OF DELAWARE, 1937, ENTITLED AN ACT TO REINCOR-PORATE THE TOWN OF CLAYTON, RELATING TO TERMS AND VACANCIES OF MEMBERS OF TOWN COUNCIL, DUTIES AND POWERS OF ALDERMEN, RETIREMENT FUNDS FOR TOWN POLICE AND SEWER AND WATER SYSTEMS. Be it enacted by the General Assembly of the State of Delaware (two-thirds of the Members elected to each House concurring therein): Section 1. Chapter 138, Volume 41, Laws of Delaware, is amended by striking out the first paragraph of Section 2 and inserting in lieu thereof a new first paragraph of Section 2 which shall be as follows : Section 2. The governing body of the Town of Clayton shall be a Town Council composed of five (5) members whose terms shall be as hereinafter set forth and who shall serve until their successors shall be duly elected and qualified and each of whom at the time of his nomination and election shall be a resident of the said Town, above the age of twenty-one years and the owner of real estate within said Town, provided however that any married man, otherwise qualified, whose wife is the owner of real estate within said Town, any married woman, otherwise qualified, whose husband is the owner of real estate within said Town, may be nominated and elected a member of Council although such person may not be the owner of real estate within said Town, and real estate in said Town owned jointly by husband and wife shall make both husband and wife eligible, if otherwise qualified. No person shall be eligible for nomination or election who shall not have paid, prior to the filing of his nomination, all Town taxes theretofore assessed to him, and also all water and sewer rents theretofore due from him. 67 68 Chapter 52 Section 2. Further amend Chapter 138, Volume 41, Laws of Delaware, by inserting a new paragraph to follow Paragraph 1 of Section 2 as follows : Members of Council shall be nominated and elected as fol-lows: At the annual Town election to be held on the first Saturday in May in the year 1957, there shall be elected five (5) members of Council, two (2) of said members whose terms shall be for one (1) year, and three (3) of said members whose terms shall be for two (2) years ; and at the annual Town election on the first Saturday in May, 1958, there shall be elected two (2) mem-bers of Council whose terms shall be for two (2) years to succeed the two members whose present terms will then expire. And each year thereafter there shall be elected sufficient members of Council to succeed the members whose present terms will then expire. Section 3. Further amend Chapter 138, Volume 41, Laws of Delaware, by striking the seventh paragraph of Section 2 and inserting a new seventh paragraph in lieu thereof as follows : If any vacancy should occur in the membership of the said Council, by death, resignation, removal from town, refusal to serve, or otherwise, the remaining members of Council shall have the power to fill such vacancy for the unexpired term of the member of Council who has ceased to be a member thereof. Such vacancy should be filled within thirty (30) days from the occurrence of the vacancy if practicable. Section 4. Further amend Chapter 138, Volume 41, Laws of Delaware, by striking out the last paragraph of section 2 thereof. Section 5. Further amend Chapter 138, Volume 41, Laws of Delaware, by adding a new section thereto which shall be Section 36 of said Chapter and Volume. Section 36. The Town Council shall have power to enact ordinances to establish a pension or retirement fund for the police of the Town of Clayton, and to set aside a special fund for that purpose which shall be administered in accordance with ordinances made and provided in that behalf and the laws of the State of Delaware. Chapter 52 69 Section 6. Further amend Chapter 138, Volume 41, Laws of Delaware, by striking Section 15 thereof and inserting in lieu thereof a new Section 15 as follows : Section 15. DUTIES AND POWERS OF ALDERMAN. It shall be the duty of the Alderman to execute all laws and ordi-nances enacted for the government of the Town of Clayton and to carry into effect all proper orders and instructions of the Town Council made in pursuance of this Act or any law of the State of Delaware, or in pursuance of any ordinance that Council may legally make and establish. He shall have all powers and jurisdiction of a Justice of the Peace within the said Town and shall have jurisdiction and cognizance of all breaches of the peace or other offenses in said Town so far as to arrest and hold to bail or fine or imprison offenders, or both; also of all forfeitures and penalties which may be prescribed by any law of the State of Delaware or by any ordinance of Council duly passed and established for the government of said Town ; and also of all neglect, omissions or defaults of any Town Constable, member of the Board of Assessment, Treasurer or any other officer or person whose duty it may be to collect, receive, pay over or account for any money belonging to said Town or to execute or obey any law or ordinance thereof. It shall be the duty of said Alderman upon complaint made before him of any infraction or violation of any ordinance enacted by said Council to issue his warrant to any one or more of the police force in said Town or the County Police or the County Constable residing therein commanding him to bring before the Alderman for trial the person or persons so accused, and if found guilty to impose such fines and penalties as shall be fixed by Council by ordinance. The fees of the Alderman for any service under this Section shall be the same as those established by law for a Justice of the Peace for the like service and for any service or duty for which no fee may be provided by the Laws of Delaware, the fee may be established by ordinance or resolution of the Town Council. If the Alderman shall resign, remove from the said Town or be disqualified as herein otherwise provided or shall not be re-elected to office, he shall deliver to his successor in office, within two days after the appointment or election of such successor, all books, papers and other records belonging to his office and shall pay over to the Treasurer of the Town all moneys in his 70 Chapter 52 hands belonging to the Town within five days after his resigna-tion, or removal from the Town, disqualification or end of his term, as the case may be. Upon his neglect or failure to deliver said books and records as aforesaid, or to pay over to the Trea-surer of the Town all moneys belonging to the Town as afore-said, or both, he shall be deemed guilty of a misdemeanor and, upon conviction thereof by indictment, shall be fined not less than Two Hundred ($200.00) Dollars, nor more than Two Thou-sand ($2,000.00) Dollars. The Alderman shall, at the first regular meeting of Council in each month, report to Council all fines imposed by him during the preceding month and on the same day pay to the Treasurer of the Town of Clayton all such fines, penalties and all money in his hands belonging to said Town, and received by him during said time, and upon default in making such report, or paying over such fines and penalties, for a period of twenty days after such report is to be made as aforesaid or such fines and penalties and other moneys belonging to said Town are to be paid as aforesaid, he shall be deemed guilty of a misdemeanor and, upon conviction thereof by indictment, shall be fined not less than Two Hundred ($200.00) Dollars nor more than Two Thousand ($2,000.00) Dollars. Section 7. Further amend Chapter 138, Volume 41, Laws of Delaware by striking from the second paragraph of Section 20 thereof the following words "who shall be a resident of the Town of Clayton but who need not be a freeholder". Section 8. Further amend Chapter 138, Volume 41, Laws of Delaware by inserting two new paragraphs to follow Para-graph 2 of Section 31 as follows: The amount chargeable to the users of the sewer system shall constitute a lien against the real estate occupied by the users for a period of three years from the date of the original billing by the said Town and may be collected in the same manner as herein provided for the collection of taxes against real estate. In addition in the event of breakage in the sewer lateral between the sewer main and the property serviced thereby may be repaired by the Town at the expense of the property owner Chapter 52 71 and the cost of such repairs shall constitute a lien against the real estate affected thereby from the date of the completion of the repair and may be collected in the same manner as herein provided for the collection of taxes against real estate. The owner of said real estate shall be notified in writing of the nature of the repairs and the expense incurred by mailing such notice to the address appearing on the tax records of said Town. Proof of mailing shall constitute sufficient service of notice. Section 9. Further amend Chapter 138, Volume 41, Laws of Delaware by inserting two new paragraphs to follow Para-graph 2 of Section 32 as follows : The amount charged to the users of the water system shall constitute a lien against the real estate occupied by the users for a period of three years from the date of the original billing by the said Town and may be collected in the same manner as herein provided for the collection of taxes against real estate. In addition in the event of breakage in the water lateral between the water main and the property serviced thereby may be repaired by the Town at the expense of the property owner and the cost of such repairs shall constitute a lien against the real estate affected thereby from the date of the completion of the repair and may be collected in the same manner as herein provided for the collection of taxes against real estate. The owner of said real estate shall be notified in writing of the nature of the repairs and the expense incurred by mailing such notice to the address appearing on the tax records of said Town. Proof of mailing shall constitute sufficient service of notice. Section 10. Further amend Chapter 138, Volume 41, Laws of Delaware by striking from the second paragraph of Section 14 the following words "if practicable". Section 11. Further amend Chapter 138, Volume 41, Laws of Delaware by adding a new section thereto and shall be Section 37, of said Chapter and Volume. Section 37. The motor vehicle laws of the State of Dela-ware and the fines and penalties set forth therein shall be in full force and effect within the limits of the Town of Clayton in so 72 Chapter 52 far as applicable and the Alderman of said Town shall have jur-isdiction thereof of any violations of said motor vehicle laws within said Town, including the imposition of fines and penalties as may be prescribed by the motor vehicle laws of Delaware from time to time. Approved April 18, 1957. CHAPTER 53 APPROPRIATION SALLY GLYNN PARIS AN ACT APPROPRIATING CERTAIN MONIES TO SALLY GLYNN PARIS FOR ADDITIONAL SALARY TO WHICH SHE WAS ENTITLED TO BE PAID AS A TEACHER AT THE MARSHALLTON SCHOOL DISTRICT #77. WHEREAS, Sally Glynn Paris was employed by the Board of School Trustees at the MarshaIlton School, District #77, Marshallton, Delaware, as a school teacher; and WHEREAS, the said Sally Glynn Paris was so first employ-ed for the school term beginning in September 1955, and WHEREAS, the said Sally Glynn Paris did at the time of this employment hold a Temporary Emergency Certificate, and WHEREAS, the said Sally Glynn Paris was paid during the school term 1955-56 only that salary prescribed in the laws of Delaware for a Temporary Emergency Certificate, a certificate lower than a provisional certificate, and WHEREAS, the said Sally Glynn Paris did earn enough credits to qualify for a provisional certificate during the school term 1955-1956, and WHEREAS, the difference in the salaries assigned the Temporary Emergency Certificate and the Provisional Certifi-cate is $200.00 for the school term of ten months, and WHEREAS, it is not the policy of the State Department of Public Instruction to make a teacher's salary retroactive when a person applies for a Provisional Certificate, NOW THEREFORE 73 Be it enacted by the General Assembly of the State of Delaware: 74 Chapter 53 Section 1. The State Treasurer is directed to pay to Sally Glynn Paris, within thirty (30) days, the sum of Two Hundred Dollars ($200.00) in payment of the additional salary to which she is entitled as a school teacher in the Marshallton School, Dis-trict #77, Marshallton, Delaware for the school term of 1955-56. Section 2. This Act shall be known as a Supplementary Appropriation Act, and the funds hereby appropriated shall be paid out of the General Fund of the State Treasury. Approved April 23, 1957. 75 CHAPTER 54 APPROPRIATION WELFARE HOME AND HOSPITAL FOR CHRONICALLY ILL AN ACT MAKING AN APPROPRIATION TO THE BOARD OF TRUSTEES OF THE STATE WELFARE HOME AND HOSPITAL FOR THE CHRONICALLY ILL AT SMYRNA TO ENLARGE AND EQUIP THE PRESENT LAUNDRY AND MAIN KITCHEN AT THE STATE WELFARE HOME. Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $100,000.00 or so much thereof as may be necessary is appropriated to the Board of Trustees of the State Welfare Home and Hospital for the Chronically Ill at Smyrna to be expended for enlarging the present laundry and kitchen which includes the dining room at the State Welfare Home and Hospital for the Chronically Ill at Smyrna. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. No portion of the money appropriated as aforesaid shall be deemed or held to revert at the end of any fiscal year, but the said appropriation shall remain available until the objects and purposes of this Act have been fully accomplished, provided that such funds shall revert to the General Fund on June 30, 1961 if not expended by such date. Approved April 24, 1957. 76 CHAPTER 55 NEWPORT PLAN FOR STREET IMPROVEMENT AN ACT TO AMEND TITLE 30, DELAWARE CODE BY PRO-VIDING FOR A STATE MUNICIPAL STREET AID FUND FROM THE PROCEEDS OF THE STATE MOTOR FUEL TAX; DISTRIBUTION OF SUCH FUND TO INCORPOR-ATED CITIES AND TOWNS FOR STREET PURPOSES. Be it enacted by the General Assembly of the State of Delaware (three-fourths of the Members elected to each Branch concurring therein): Section 1. Chapter 51, Title 30 of the Delaware Code is amended by adding at the end thereof a new subchapter as fol-lows: SUBCHAPTER IV STATE AID TO MUNICIPALITIES FOR STREETS § 5161. Definitions As used in this subchapter "Municipality" means any incorporated city or town charg-ed with any duty connected with the construction or maintenance of streets, and having been in existence for a period of one year. "Streets" includes streets, highways, avenues, boulevards, bridges, tunnels, alleys, or other public ways dedicated to public use and maintained for general public travel lying within a mu-nicipality's corporate boundary, except that this term does not include State or federal highways within municipalities main-tained by the State Highway Department. "Street improvements" means construction, reconstruction, repair and maintenance of streets, including paving, repaving, grading and drainage, repairs, acquisition of rights-of-way, ex-tension and widening of existing streets, elimination of railroad grade crossings, acquisition of trucks and other equipment nec- Chapter 55 77 essary in the construction and maintenance of streets, and ad-ministration and other necessary expenses in connection with such street improvements and the expenses of law enforcement for policing the streets. "Municipal Street Aid Fund" means the funds set up here-under from money received by the provisions of this subchapter. § 5162. Appropriations paid through the State Treasurer from funds collected by State Highway Department There is annually appropriated to municipalities within the State from the proceeds of the motor fuel tax imposed by this chapter, a sum equal to one cent per gallon of State motor fuel tax collected on motor fuel sold within the State, but in no event shall a sum in excess of $1,200,000 be appropriated in any one fiscal year hereunder. The sum so appropriated shall be trans-ferred to the State Municipal Street Aid Fund by the State Treasurer, and distributed to municipalities as provided herein. § 5163. Time and method of computation The State Highway Department shall compute an-nually on June 30th of each year or at the end of the State fiscal year the monies due each participating municipality from the State Municipal Street Aid Fund. Such computation shall be based upon the share of the proceeds of the motor fuel tax im-posed by this chapter and appropriated by this subchapter. Each annual computation by the State Highway De-partment shall be made as follows: 40% of the State Municipal Street Aid Fund shall be distributed in the proportion that the population of each munici-pality bears to the total population of all participating munici-palities. 60% of the State Municipal Street Aid Fund shall be distributed in the proportion that the mileage of usable streets not maintained by the State in each municipality bears to the total mileage of said streets in all municipalities. 78 Chapter 55 (c) No municipality shall be entitled to participate here-under unless it has been in existence for a period of at least one year prior to any distribution; fractions of a year shall not be taken into consideration when distribution is made. § 5164. Certification of the State Treasurer; time for payment The State Highway Department shall forward to the State Treasurer within twenty days after each annual computation a certification as to the sum of money due each municipality from the State Municipal Street Aid Fund. Such certification shall be used by the State Treasurer in distributing the monies as pro-vided herein not later than 30 days from the date of receiving the certification. § 5165. Expenditures of funds by municipalities; records; audits and regulations of municipalities (a) Each municipality shall keep all funds received from the State Municipal Street Aid Fund in a separate fund, desig-nated as "Municipal Street Aid Fund" and may expend such funds as follows: 1. The funds available under Section 5163 (b) (1) shall be used for the following purposes : Street improvements, including expenses for main-taining and lighting of the streets, and acquisition of cars and other equipment for law enforcement. The purchase of rights of way for new streets and for improvement and maintenance thereof. 2. Funds available under Section 5163 (b) (2) shall be used for : Street improvements, including expenses for main-taining the streets. Payment of principal and interest on any bonds issued for street improvements. Chapter 55 79 (iii) Purchase and repair of street construction and maintenance equipment. (b) Each municipality shall : Furnish evidence annually to the State Treasurer that the municipal treasurer is bonded; Submit annual report to the State Treasurer showing the expenditures of the Municipal Street Aid Fund; Award contracts for street improvements which shall conform to State Highway Department specifications. Before June 15 of each year, file with the State High-way Department and the State Treasurer an affidavit signed by the Mayor, City Manager, or President of the Council of the municipality setting forth the population of the municipality and the length of usable streets therein. In the absence of the affi-davit, provided for above, the State Highway Department and the State Treasurer may annually use for the purpose of this subchapter the most recent, accurate and acceptable figures as to population of any municipality and length of its usable streets. § 5166. Unauthorized expenditures; liability No municipal official or employee shall authorize, direct or permit the expenditure of money from any Municipal Street Aid Fund for any purpose except those specifically authorized by this subchapter. Any municipal official or employee who violates the provisions of this section shall be personally liable to the extent of the unauthorized expenditure. Section 2. This Act shall in no way affect, change, nullify or render void any existing contracts or agreements between the State Highway Department and any municipality. All streets presently maintained by the State Highway Department within municipalities shall continue to be maintained by the said De-partment after the passage of this subchapter. Additional agree-ments may be made from time to time between the State High-way Department and any municipality in which the maintenance 80 Chapter 55 responsibility of any streets may be amended or changed. Such agreements will then be considered in the future distribution of funds. Section 3. This Act shall apply to the fiscal year ending June 30, 1957 and each fiscal year thereafter. The first distri-bution hereunder shall be made after the close of the fiscal year ending June 30, 1957. Section 4. This Act is a supplementary appropriation and the money shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved April 24, 1957. CHAPTER 56 TOWN OF LEWES AN ACT TO AMEND CHAPTER 170, VOLUME 43, LAWS OF DELAWARE, ENTITLED "AN ACT TO REINCORPOR-ATE THE TOWN OF LEWES" AS AMENDED. WHEREAS, Chapter 331, Volume 49, Laws of Delaware amended Chapter 170, Volume 43, Laws of Delaware by adding two parcels of land to the corporate limits of the Town of Lewes, and WHEREAS, those residing in Highland Acres, described in Chapter 331, Volume 49, Laws of Delaware as Parcel No. 2, no longer desire to have such parcel included within the corporate limits of the Town of Lewes, and WHEREAS, the Commissioners of the Town of Lewes are willing to change the corporate boundaries of the Town to ex-clude the said parcel, NOW, THEREFORE Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House thereof concurring therein): Section 1. Chapter 331, Volume (49, Laws of Delaware is amended by striking out the last paragraph thereof designated "Parcel No. 2". Approved April 24, 1957. 81 82 CHAPTER 57 APPROPRIATION STATE SUPPORTED SALARY SCHEDULES AN ACT TO AMEND CHAPTER 13, TITLE 14, DELAWARE CODE, RELATING TO STATE SUPPORTED SALARY SCHEDULES FOR SCHOOL EMPLOYEES AND MAKING APPROPRIATION. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 1314 (a), Title 14, Delaware Code, is amend-ed to read as follows : § 1314 (a). Limitations on salary increases and decreases (a) The salary paid from State Funds to any person em-ployed by a district on June 14, 1956, shall not be increased more than $900.00 in any one year in addition to annual incre-ment or change in professional training by reason of the appli-cation of any salary schedule in § 1305, § 1308, § 1309, § 1310, and § 1311, nor shall any salary be increased by more than $900.00 in any one year by reason of the application of any other salary schedule contained in this Chapter, such $900.00 to include any increases resulting from the application of § 1305, nor shall the amount of any salary paid from State Funds ex-ceed the amount provided in the appropriate salary schedule, and it shall be the duty of each school board to certify upon request of the Auditor, Budget Commission, or State Board of Education that the schedules and rules and regulations of the State Board of Education and the Board of Education in the City of Wilmington as authorized in this Chapter regarding salary schedules are being fully complied with. Section 2. § 1321, Title 14, Delaware Code, is amended by striking out subsection (c) of that section. Section 3. § 1305 (a), Title 14, Delaware Code is amended effective July 1, 1957, by striking out the rows of salary figures Chapter 57 83 set forth opposite years of experience "0 through 5" in the salary schedule and by enacting in lieu thereof new salary figures as follows : $3,600 3,700 3,800 3,950 4,100 4,250 Section 4. This Act shall become effective July 1, 1957 except as otherwise provided herein. Section 5. To carry out the provisions of this Act, there is hereby appropriated to the State Board of Education the sum of One million two hundred seventy-seven thousand five hun-dred and fifty-two dollars ($1,277,552) for the biennium ending June 30, 1959. Section 6. This Act is a supplementary appropriation, and the money hereby appropriated shall be paid out of the General Fund of the State of Delaware. Approved April 25, 1957. .4§VgiS inng tEggs '' g""ig C. $4,000 $4,400 $4,800 4,100 4,500 4,900 4,200 4,600 5,000 4,350 4,750 5,150 4,500 4,900 5,300 4,650 5,050 5,450 15.§ 11 gg 0 $3,200 1 3,300 2 3,400 3 3,550 4 3,700 5 3,850 84 CHAPTER 58 WILMINGTON ABUTTING PROPERTY AN ACT TO AMEND CHAPTER 122, VOLUME 29, LAWS OF DELAWARE ENTITLED "AN ACT PROVIDING FOR ASSESSMENT AGAINST ABUTTING PROPERTIES IN THE CITY OF WILMINGTON FOR A PORTION OF THE COST OF PAVING AND IMPROVING THE PUBLIC STREET ROADWAYS" BY REPEALING THE PROVIS-ION FOR ASSESSMENT. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each House concurring therein): Section 1. Section 1 of Chapter 122, Volume 29, Laws of Delaware, is amended by striking out all of said section and in-serting in lieu thereof a new section to be known as Section 1, as follows : Section 1. That the Mayor and Council of Wilmington through the agency of the Board of Directors of the Street and Sewer Department is hereby authorized and empowered to pave and improve the street roadways of the City of Wilmington in accordance with any methods now or that may hereafter, from time to time, be adopted. Section 2. Section 2 of Chapter 122, Volume 29, Laws of Delaware, is hereby amended by striking out the words "and charge a part of the cost thereof to the abutting property own-ers, as provided in this Act." Section 3. Section 3 of Chapter 122, Volume 29, Laws of Delaware, is hereby amended by striking out the words "and charge part of the cost thereof to the abutting property owners, as provided in this Act" as they appear in the second paragraph thereof. Chapter 58 85 Section 4. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of Chapter 122, Volume 29, Laws of Delaware are hereby repealed. Section 5. All Acts or parts of Acts inconsistent herewith are hereby repealed. Approved April 29, 1957. 86 CHAPTER 59 WILMINGTON ABUTTING PROPERTY AN ACT TO REPEAL "AN ACT PROVIDING FOR ASSESS-MENT AGAINST ABUTTING PROPERTIES IN THE CITY OF WILMINGTON IN PROPORTION TO THE SPECIAL BENEFIT THE PRESENT IMPROVED STREET ROADWAY WILL HAVE TO SAID PROPERTIES", AS AMENDED, BEING CHAPTER 121, VOLUME 29, LAWS OF DELAWARE, AS AMENDED BY CHAPTER 123, VOLUME 30, LAWS OF DELAWARE. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each House concurring therein): Section 1. Chapter 121, Volume 29, Laws of Delaware, as amended by Chapter 123, Volume 30, Laws of Delaware is hereby repealed. Approved April 29, 1957. CHAPTER 60 AID TO THE BLIND PROGRAM AN ACT TO AMEND TITLE 31, DELAWARE CODE, EN-TITLED "WELFARE" IN REGARD TO THE MAXIMUM AMOUNT OF ASSISTANCE TO BE GRANTED UNDER THE AID TO THE BLIND PROGRAM. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 2308, Title Si, Delaware Code, is amended to read as follows : § 2308. Amount of assistance The amount of assistance which any person shall receive shall be determined by the Commission with due regard to the resources and necessary expenditures of the individual and the conditions existing in each case and in accordance with the rules and regulations made by the Commission, and shall be sufficient, when added to all other income and support of the recipient, to provide such person with a reasonable subsistence compatible with decency and health. In determining the need of a blind individual the Commission shall, in order to provide an incen-tive to rehabilitation and self-support, disregard the earnings of a blind individual to the extent of $50 per month and 50% of the earnings over and above $50 per month, provided, how-ever, that such earnings shall not be so disregarded if the effect thereof would be contrary to the requirements of the Federal Social Security Act as amended. In no case, however, shall any blind person receive assistance from the Commission in excess of a maximum set by the Commission based on the amount of funds available for assistance for any given period. Approved May 1, 1957. 87 88 CHAPTER 61 CONSTITUTIONAL AMENDMENT AN ACT AGREEING TO THE PROPOSED AMENDMENT TO SECTION 17 OF ARTICLE TWO OF THE CONSTITUTION OF THE STATE OF DELAWARE. WHEREAS, an amendment to the Constitution of the State of Delaware was proposed to the 118th General Assembly as follows: AN ACT PROPOSING AN AMENDMENT TO SECTION 17 OF ARTICLE II OF THE CONSTITUTION OF THE STATE OF DELAWARE RELATING TO LOTTERIES. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members of each Branch thereof concurring therein): Section 1. Article 2 of the Constitution of the State of Delaware is hereby amended by adding a new section, to be known as Section 17A thereto to read as follows: Section 17A. The game of Bingo shall be lawful when sponsored and conducted by Volunteer Fire Companies, Veteran's Organizations, Religious or Charitable Organizations, or by Fraternal Societies provided the net receipts or profits arising from the conducting or operating of such Bingo games by the aforementioned Companies, Organizations, or Societies are used solely for the promotion or achievement of the purposes of such Companies, Organizations, or Societies, and provided further that the aforementioned Companies, Organizations or Societies are operated in a manner so as to come within the provisions of Section 170 of the U. S. Revenue Code and Regulations pro-mulgated thereunder by the U. S. Secretary of the Treasury. I. The General Assembly shall provide by law for the submission to the vote of the qualified electors of the several districts of the State, or any of them, mentioned in subpara-graph 2 of Section 17A of this article at the General Election Chapter 61 89 held in 1958, the question whether the playing of the game of "Bingo" shall be licensed or prohibited within the limits there-of; and in every district in which there is a majority against license, no organization, mentioned in Section 17A, shall there-after sponsor or permit the playing of "Bingo", within said district, until at a subsequent submission of such question a majority of votes shall be cast in said district for license. When-ever a majority of all the members elected to each House of the General Assembly by the qualified electors in any district named in subparagraph 2 of Section 17A of this Article shall request the submission of the question of license or no license to a vote of the qualified electors in said district, the General Assembly shall provide for the submission of such question to the quali-fied electors in such district at the next general election there-after. Under the provisions of this Article, Sussex County shall comprise one district, Kent County shall comprise one district, the City of Wilmington, as its corporate limits now are or may hereafter be extended, one district, and the remain-ing part of New Castle County, one district. The General Assembly shall provide necessary laws to carry out and enforce the provisions of this Article, enact laws governing the game of "Bingo" under the limitations of this Article, and may provide such penalties as may be necessary to enforce same" AND WHEREAS, the said proposed amendment was agreed to by two-thirds of all the members elected to each House in the said 118th General Assembly, NOW, THEREFORE Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each Branch concurring therein): Section 1. The said proposed amendment is agreed to and adopted and shall forthwith become a part of the Constitution. Effective April 23, 1957. 90 CHAPTER 62 AUTHORIZING KENT COUNTY LEVY COURT TO APPROPRIATE MONEY FOR RETARDED CHILDREN AN ACT AUTHORIZING THE LEVY COURT OF KENT COUNTY TO APPROPRIATE A CERTAIN SUM TO THE KENT AND SUSSEX ASSOCIATION FOR RETARDED CHILDREN FOR OPERATIONAL EXPENSES. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Levy Court of Kent County is authorized to appropriate the sum of Five Hundred Dollars ($500.00) to the Kent and Sussex Association for Retarded Children, a Chapter of the Delaware Association for Retarded Children, for operational expenses. Approved May 1, 1957. 91 CHAPTER 63 APPROPRIATION MOTOR VEHICLE COMMISSION AN ACT MAKING A DEFICIENCY APPROPRIATION TO A SALARY AND WAGES ACCOUNT OF THE MOTOR VEHICLE DEPARTMENT. Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of Thirty-two Thousand Dollars ($32,000.00) is appropriated to the Salary and Wages Account of the Motor Vehicle Department. The funds hereby appropri-ated are for the fiscal year ending June 30, 1957 and any funds not expended by that date shall revert to the General Fund. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved May 1, 1957. 7 92 CHAPTER 64 APPROPRIATION STATE HIGHWAY DEPARTMENT AN ACT MAKING A DEFICIENCY APPROPRIATION TO THE SECRETARY OF THE STATE HIGHWAY DEPART-MENT FOR THE SALARY AND WAGES ACCOUNT. Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of Twenty-five Hundred Dollars ($2500.00) is appropriated to the Secretary of the State Highway Department, for the Salary and Wages Account. The funds hereby appropriated are for the fiscal year ending June 30, 1957 and any funds not expended by that date shall revert to the General Fund. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved May 1, 1957. 93 CHAPTER 65 REFERENDUM ON BINGO AN ACT TO PROVIDE FOR REFERENDUMS ON BINGO; REGULATE BINGO, PROVIDE PENALTIES AND AP-PROPRIATE FUNDS. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each House agreeing thereto): Section I. Title 28, Delaware Code is amended by adding a new chapter as follows : CHAPTER II. BINGO Subchapter I. General § 1101. Purpose and scope The purpose of this chapter is to provide for referendums on bingo and the regulation and control of bingo if an amend-ment is adopted to the Constitution of the State which permits the game to be played and if any district mentioned in the Con-stitutional Amendment votes in favor of permitting such game pursuant to the Constitutional Amendment. In no case shall bingo be conducted in Delaware until after such referendum and then only by those licensed under this chapter and subject to the limitations imposed by this chapter. § 1102. Definitions As used in this chapter "Bingo" means a game of chance played for prizes with cards bearing numbers or other designations, five or more in one line, the holder covering numbers as objects similarly numbered are drawn from a receptacle and the game being won by the person who first covers a previously designated arrangement of numbers on such a card. 94 Chapter 65 "Commission" means the Bingo Control Commission. "Game" means the game of bingo. "Organization" means a veterans', religious or charitable organization, volunteer fire company, or fraternal society as defined in Article 2, Section 17A of the Constitution. "Districts" means those districts mentioned in Article 2, Section 17A of the Constitution of the State of Delaware. Subchapter II. Referendums § 1110. Referendum in general election in 1958 The Departments of Elections in each county shall cause to be printed on the ballots used in the general election of 1958 the following question for submission to the voters of each dis-trict mentioned in Article 2, Section 17A of the Constitution : "Do you favor the licensing of the playing of the game of bingo within the limits of (insert the words, "City of Wilmington" "Sussex Coun-ty", "Kent County", or "New Castle County outside of the City of Wilmington", as the case may be) ?" § 1111. Referendums in subsequent general elections In the event that a majority of all the members elected to each House of the General Assembly by the qualified electors in any district mentioned in Article 2, Section 17A of the Constitu-tion shall request in writing to the Speaker of the House of Representatives and to the President of the Senate, not less than 30 days preceding the next succeeding general election, that the question of license or no license of the playing of the game of bingo be submitted to a vote of the qualified electors of said district, the Department of Elections with jurisdiction over the district concerned shall cause to be printed on the ballots used in the next succeeding general election after said request the question referred to in Section 1110. Chapter 65 95 § 1112. Applicability of general election laws; conduct of refer-endum The provisions of Title 15, insofar as they are applicable, shall apply to all referendums held under the provisions of this Chapter. A voter may indicate his or her answer to the question submitted by voting in the affirmative or negative. Each Department of Elections shall take steps to insure that the equipment and supplies used at the general election are adjusted and modified to the extent necessary to permit the recording, tabulation and certification of the referendum vote. The Boards of Canvass shall canvass the results of each referendum in accordance with the provisions of Chapters 50 and 57 of Title 15, and shall include the results in the certificate to the Governor referred to in Section 5706 of Title 15. The Governor shall certify and proclaim the results of any such referendums at the time he takes action under Section 5711 of Title 15. Subchapter III. Bingo Control Commission § 1120. Composition; term of office; organization vacancies; compensation A Bingo Control Commission is created to consist of five residents of the State appointed by the Governor with the consent of the Senate. No more than three of the Commissioners shall be affiliated with the same political party. No members of the Commission shall hold any public elective office. The first members of the Commission shall be appoint-ed, for terms of one, two, three, four, and five years respectively. The members may hold over and serve on the Commission after the termination of their respective terms, until their respective successors are appointed and qualify. Vacancies created by expiration of term or otherwise shall be filled in the same manner as the original appointments were made, but for the unexpired terms only, notwithstanding that the previous incumbents may be holding over in office. 96 Chapter 65 The members of the Commission shall receive $10 for each meeting of the Commission not to exceed 50 meetings an-nually and shall be reimbursed for their actual expenses. The Commission shall hold its first meeting at the call of the Governor and shall organize by electing a chairman and appointing a secretary who may or may not be a member of the Commission. § 1121. Expenses and personnel The Commission may incur necessary expenses. The Commission may engage an executive officer and such competent and expert advisors and clerical and assistants and investigators, at it may deem necessary to the proper per-formance of the purpose of this chapter, and may fix their com-pensation and that of its secretary, if he is not a member of the Commission. § 1122. Duties; rules and regulations; forms (a) The Commission shall : Supervise the administration of this chapter, and Adopt, amend and repeal rules and regulations gov-erning the issuance and amendment of licenses to conduct the game of bingo under such licenses and schedules of rentals which may be paid for the leasing of equipment for use in connection with the game of bingo. The rules and regulations shall have the force of law. Such licenses shall be issued to qualified licensees only. The Commission shall also take mea-sures to assure that bingo shall be fairly and properly con-ducted for the purposes and in the manner prescribed in the Constitution and in this chapter. The Commission shall pre-vent the game from being conducted for commercial purposes or private profit other than as authorized in the Constitution and in this chapter. In order to provide uniformity in the administration of this chapter the Commission shall prescribe forms of application for licenses, amendment of licenses, re-ports of the conduct of bingo and other matters incident to the administration of this chapter. Chapter 65 97 (b) A copy of the rules and regulations adopted by the Commission shall be available at a reasonable cost. § 1123. Continuous study of operation of this chapter and similar laws The Commission shall conduct a continuous study and investigation of the operation of this chapter for the purpose of making recommendations to the General Assembly for amend-ments. The Commission shall make a continuous study and investigation also of the operation and administration of similar laws which may be in effect in other states of the United States and of any literature on the subject which from time to time may be published or be available. § 1124. Reports and recommendations by Commission The Commission shall report to the Governor and the Gen-eral Assembly biennially with its recommendations, if any, and at such other times as it may deem advisable. Subchapter IV. Bingo Licensing § 1130. Power to license The Commission may license an organization as defined in Article 2, Section 17A of the Constitution of the State of Dela-ware to conduct the game of bingo, provided the organization is located in and seeks to conduct the game in a district which has approved the licensing of bingo by referendum. § 1131. Application (a) Each applicant for a license shall file with the Corn-mission a written application in the form prescribed in its rules and regulations, duly executed and verified, in which shall be stated the name and address of the applicant together with suffi-cient facts relating to its organization to enable the Commission to determine whether or not it is a bone fide organization eligible 98 Chapter 65 to conduct bingo within the meaning of Article 2, Section 17A of the Constitution. The applicant shall supply such other facts as the Commission may require. In each application there shall be designated the active member or members of the organization under whom the games are to be conducted. To the application shall be appended a statement by the applicant and by its member or members, so designated to read as follows : "If a license is granted the under-signed will be responsible for the conduct of such game in accord-ance with the terms of this chapter, the license and the rules and regulations governing the conduct of such games." Proof of exemption from Federal Income Tax under Section 170 of the Internal Revenue Code of the United States shall be prima facie evidence that the applicant is an eligible organization within the meaning of Article 2, Section 17A of the Constitution, but the Commission may require any addi-tional information from the applicant which may be pertinent to the question of its eligibility. § 1132. Investigation; fee; time limit (a) The Commission shall make an investigation of the qualifications of each applicant and the merits of each applica-tion. The Commission may issue a license only after it deter-mines that: The applicant is duly qualified to conduct bingo un-der the provisions of the Constitution and of this chapter and the rules and regulations governing the conduct of bingo; and The member or members of the applicant who intend to conduct the game of bingo are bona fide active members of the applicant and are persons of good moral character and have never been convicted of crime involving moral turpitude ; and Such games are to be conducted in accordance with the provisions of the Constitution and this chapter and in accordance with the rules and regulations governing the con-duct of bingo ; and Chapter 65 99 The proceeds are to be disposed of as provided in the Constitution and by this chapter; and No salary, compensation, or reward whatever will be paid or given to any member under whom the game is con-ducted; and No prize will be offered or given in excess of the sum or value of $250 in any single game and the aggregate of all prizes offered or given in all of such games conducted on a single occasion, shall not exceed the sum or value of $1000. § 1133. Fees There shall be a license fee of $7 for each occasion upon which any games are to be conducted under such license. § 1134. Duration of license No license shall be effective for a period of more than one year from the date it was issued. No license shall be effective after the organization to which it was granted has become ineligible to conduct the game under any provision of Article 2, Section 17A of the Constitu-tion. No license shall be effective after the voters in any district designated in Article 2, Section 17A of the Constitution have decided against bingo in a referendum held pursuant to that section and Subchapter II of this chapter. § 1135. Refusal to license; hearing No application for a license shall be refused by the Com-mission until a hearing held after due notice to the applicant. At any such hearing the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of its application. The burden of proof shall be on the applicant. § 1136. Amendments to licenses Any license issued under this chapter may be amended by the Commission, if the subject matter of the proposed amend- 100 Chapter 65 ment could lawfully and properly have been included in the original license, upon application and payment of an additional license fee. § 1137. License form and provisions; display (a) Each license shall be in the form prescribed in the rules and regulations of the Commission and shall contain: The name and address of the licensee, The names and addresses of the members of the licensee under whom such games will be conducted, The number of times, or the hours during which, such games are authorized to be conducted, The place or places where and the date or dates when, such games may be conducted, The specific purposes to which the entire net pro-ceeds of such games are to be devoted, If any prize or prizes are to be offered or given, a statement of the amounts or values of the prizes authorized so to be offered or given, Any other information which may be required by the rules and regulations. (b) Each license shall be conspicuously displayed at the place where the game is to be conducted at all times during the conduct thereof. § 1138. Supervision The Commission shall exercise control and supervision over all games to the end that the games are fairly conducted in accordance with the provisions of the license, the rules and regulations of the Commission, the provisions of the Constitu-tion and of this chapter. The Commission, its officers and agents, shall have the right of entry at all times into any place where any such game is being conducted or where it is intended that any such game Chapter 65 101 shall be conducted, or where any equipment being used or in-tended to be used in the conduct thereof is found, for the pur-pose of inspecting the same. § 1139. Limitations and regulations under license No games shall be conducted on Sunday. No person under the age of sixteen years shall be per-mitted to participate in any game of bingo. The number of games which an applicant may conduct in any one calendar month shall be set by the rules and regu-lations of the Commission. No games shall be conducted in any room or area where alcoholic beverages are sold or served during the progress of the game. No person shall conduct or assist in conducting any game except an active member of the organization to which the license is issued. No item of expense shall be incurred or paid in con-nection with the conduct of the game except such as are bona fide items of a reasonable amount for merchandise furnished or services rendered, which are reasonably necessary for the con-duct of the game. No salary, compensation, or reward whatever shall be paid or given, directly or indirectly, to any person conducting or assisting in the conduct of the game. No more than $1.00 shall be charged for admission to any room or area in which the game is to be conducted. The admission fee, shall entitle the person playing the game to a card enabling him to participate without additional charge in all regular games to be played under such license on such occasion, and no charge in excess of $1.00 shall be made for a single op-portunity to participate in all special games to be played under such license on such occasion. No prize greater in amount or value than $250 shall be offered or given in any single game and 102 Chapter 65 the aggregate amount or value of all prizes offered or given in all games played on a single occasion shall not exceed $1000. All |
| Date Digital | 2010 |
| CONTENTdm file name | 3056.cpd |
Description
| Title | Laws of the State of Delaware - Volume 51 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND NINETEENTH SESSION OF THE GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER On Tuesday, January 1, A. D. 1957 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA, THE ONE HUNDRED AND EIGHTY.- FIRST VOLUME LI Printed by Milford Chronicle Publishing Company Milford, Delaware |
| CONTENTdm file name | 37215.pdfpage |
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