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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTIETH
SESSION OF THE GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 6, A. D.
1959
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
OF AMERICA, THE ONE HUNDRED AND EIGHTY- THIRD
VOLUME LII
Printed by
Milford Chronicle Publishing Company
Milford, Delaware
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 52 |
| 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 TWENTIETH SESSION OF THE GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER On Tuesday, January 6, A. D. 1959 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA, THE ONE HUNDRED AND EIGHTY-THIRD VOLUME LII Printed by Milford Chronicle Publishing Company Milford, Delaware .-- LAWS OF DELAWARE. CHAPTER 1 AN ACT AGREEING TO A PROPOSED AMENDMENT TO THE CONSTITUTION OF THE STATE OF DELAWARE TO INCREASE THE ANNUAL SALARIES OF THE MEM-BERS OF THE GENERAL ASSEMBLY. WHEREAS, an amendment to the Constitution of the State of Delaware was proposed to the 119th General Assembly as follows: AN ACT PROPOSING AN AMENDMENT TO THE CONSTI-TUTION OF THE STATE OF DELAWARE TO INCREASE THE ANNUAL SALARIES OF THE MEMBERS OF THE GENERAL ASSEMBLY. 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. § 15, Article 2, of the Constitution of the State of Delaware is hereby amended by striking out the words and figures, "One Thousand Dollars ($1,000.00)" as they appear in lines 2 and 3 thereof and substituting in lieu thereof the follow-ing words and figures : "Three Thousand Dollars ($3,000.00)", AND WHEREAS, the said proposed amendment was agreed to by two-thirds of all the Members elected to each House in the said 119th 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 House concurring therein): Section 1. The said proposed amendment is agreed to and adopted and shall forthwith become a part of the Constitution. Effective January 21, 1959. 3 4 CHAPTER 2 AN ACT TO FURTHER AMEND AN ACT ENTITLED "AN ACT TO RENEW THE ACT TO INCORPORATE THE ARTISANS' SAVINGS BANK AND THE ACTS SUPPLE-MENTARY THERETO", BY PROVIDING FOR AN IN-CREASE IN THE NUMBER OF MANAGERS AND BY PROVIDING FOR THE DESIGNATION AND POWERS OF COMMITTEES AND FOR THE ELECTION OF VICE PRESIDENTS, ONE OF WHOM SHALL BE A MANAGER, AND TO ESTABLISH AND OPERATE BRANCHES OR BRANCH OFFICES. Be it enacted by the General Assembly of the State of Delaware (two-thirds of each Branch concurring therein): Section 1. Section 2 of the Act entitled, "An Act to In-corporate the Artisans' Savings Bank", passed at Dover on the 28th day of February, A. D. 1861, as heretofore renewed and amended, be and the same is hereby further amended by striking out said Section 2 and amendments thereto and substituting in lieu thereof a new Section 2, as follows: "That the said Corporation shall annually on the second Tuesday in February in the City of Wilmington, or at such other time or place as by the By-laws may be appointed, elect by ballot from the members of said corporation not less than thir-teen nor more than seventeen Managers to serve for one year or until their successors shall be chosen, the number to be Belect-ed to be determined each year at the last meeting of the Board of Managers prior to giving notice to the members of the cor-poration of the annual meeting. In order to increase the number of Managers to the number of seventeen permitted by this Amendment, the Board of Managers, as now constituted, shall have the right, upon approval of this Amendment, to select from the members of said corporation an additional member, or members, to become a Manager, or Managers, to serve until the next annual election. The Managers, during their term of office, shall have the sole management and direction of the affairs of said corporation. They shall elect one of their number to be President and elect one or more Vice Presidents, one of whom shall be a Manager, and shall also appoint a Treasurer and a Sec- Chapter 2 5 retary, and such other officers as may be necessary for the con-ducting of the business of the corporation. The Managers may, by resolution passed by a majority of the whole Board, desig-nate and name one or more committees, each committee to con-sist of three or more of the Managers of the corporation, which to the extent provided in the By-laws of the corporation shall have and may exercise the powers of the Board of Managers in the management of the business and affairs of the corporation and may authorize the seal of the corporation to be affixed to all papers which may require it. The Managers shall have power to fill vacancies in their own body and to make such By-laws and Regulations for the government of the corporation as they may deem expedient and to repeal or amend the same at pleasure. Provided that no such By-laws or Regulations shall be repug-nant to the Constitution or Laws of this State or of the United States." Section 2. Section 3 of the Act entitled, "An Act to In-corporate the Artisans' Savings Bank", passed at Dover on the 28th day of February, A. D. 1861, as heretofore renewed and amended, be and the same is hereby further amended by adding to said section the following words and punctuation, to-wit: In addition to its principal office, the said Corporation may establish, maintain and operate such branches or branch offices, at such place or places, as it may deem to be advantageous. Section 3. This Act shall be deemed and taken to be a private Act. Approved March 6, 1959. CHAPTER 3 AN ACT TO AMEND CHAPTER 9, TITLE 10, DELAWARE CODE (KNOWN AS THE FAMILY COURT ACT) BY RE-QUIRING THE COURT TO KEEP ITS EXPENSES WITH-IN GENERAL ASSEMBLY APPROPRIATIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Title 10, Delaware Code, by striking out subsections (b) and (c) of § 909 of Chapter 9 thereof, and by enacting and inserting in lieu a new sub-section (b) to read: (b) It shall be the duty of the State Treasurer to pay all salaries of the Court semi-monthly and all expenses thereof monthly within the limit of the amounts appropriated to the Court by the General Assembly. Approved March 9, 1959. CHAPTER 4 AN ACT TO AMEND CHAPTER 457, VOLUME 50, LAWS OF DELAWARE, BY PROVIDING ADDITIONAL PROJECTS WHICH MAY BE ACQUIRED AND FINANCED THERE-UNDER; AUTHORIZING THE EXECUTION OF LEASES AND PURCHASE AGREEMENTS WITH RESPECT TO ANY SUCH PROJECTS; PROVIDING FOR THE SALE OF BONDS ISSUED THEREUNDER; PROVIDING THAT NO APPROVAL OF THE PROCEEDINGS OF "THE COUN-CIL" AND THE BOARD OF HARBOR COMMISSIONERS THEREUNDER SHALL BE REQUIRED; PROVIDING FOR THE SECURITY OF BONDS ISSUED THEREUNDER; DECLARING THE CARRYING OUT OF THE POWERS THEREIN AUTHORIZED TO CONSTITUTE A STATE AND PUBLIC PURPOSE; EXEMPTING PROPERTY ACQUIRED AND BONDS ISSUED THEREUNDER FROM TAXATION; PROVIDING FOR THE MANNER OF THE CONSTRUCTION OF PROJECTS THEREUNDER; LIMIT-ING THE INSTITUTION OF ACTIONS ATTACKING PRO-CEEDINGS THEREUNDER; AND MAKING OTHER PRO-VISIONS IN CONNECTION WITH THE FOREGOING. Be it enacted by the General Assembly of the State of Delaware (two-thirds of the Members elected to each Branch thereof concurring therein): Section 1. Paragraph (a) of Section 2 of Chapter 457, Volume 50, Laws of Delaware, is hereby amended by striking out and repealing the said paragraph (a) and inserting in lieu thereof a new paragraph (a) to read as follows : Section 2. DEFINITIONS. Whenever used in this Act, unless a different meaning clear-ly appears from the context: (a) The term "undertaking" shall mean wharves, piers, docks, ships, bulkheads, terminals, warehouses, structures, appli-ances, cranes, machinery, equipment, elevators, compresses, re-frigeration storage plants, buildings, structures and facilities to be used in the manufacturing, processing, assembling, storing 7 8 Chapter 4 or handling of any agricultural or manufactured produce or pro-duce of mining or industry which in the judgment of the board will result in the increased use of the harbor facilities of the municpality, tracks, rails, railways or railroad lines, or any part or combination thereof, used or useful in connection with the improvement of the water front, the harbor, terminal and ship-ping facilities of the municipality. Any undertaking may include other structures and any facilities needful for the convenient use of the same in the aid of commerce, including the dredging of approaches thereto, and the construction of roads, bridges and causeways necessary or useful in connection therewith and in-cluding any public utility facilities designed to supply public utility services to other parts of the undertaking or to the users of any of the facilities of the board. There may be included as part of any undertaking all apparatus, equipment and machinery of every nature necessary or desirable for the full utilization of the undertaking. Nothing in the foregoing shall be construed to authorize the construction or maintenance of telephone and telegraph facilities which are normally oWned by public utility companies. Section 2. Section 3 of Chapter 457 aforesaid is hereby amended by adding to said section a new and additional para-graph to be known as paragraph (f) and to read as follows: (f) Any buildings, structures or facilities acquired by the municipality hereunder which are to be utilized in the manufac-turing, processing, assembling, storing or handling of any agri-cultural or manufactured produce or produce of mining or in-dustry, which may be acquired for operation by a corporation, entity or persons other than the board, as distinguished from buildings, structures or facilities acquired by the municipality for operation by the board as harbor, terminal and allied facili-ties for the direct use of the public, shall be acquired and financed hereunder only if prior to the issuance of bonds therefor the municipality, acting through the board shall have entered into a lease or leases thereof or an agreement or agreements for the sale thereof pursuant to the terms of which the lessees or purchasers shall pay to the municipality such ren-tals or installment purchase payments, or both, as upon the basis of determinations and findings to be made by the board, will be fully sufficient to pay principal of and interest on the bonds Chapter 4 9 issued for the financing thereof, to build up and maintain any reserves deemed by the board to be advisable in connection there-with, and to pay the cost of maintaining the buildings, struc-tures and facilities in good repair and keeping them properly in-sured, unless the leases or agreements obligate the lessees or purchasers to pay for such insurance or maintenance. The board is granted full power and discretion to enter into any such agree-ments or leases as may in its judgment be desirable for the best interests of the municipality. Any such agreement or lease may provide that any surplus capacity of the buildings, structures or facilities which are the subject matter thereof may be utilized by and for the benefit of the general public, in which event such surplus capacity may be maintained or operated, or both, by either the board or by the lessee or purchaser under the lease or agreement, or in part by each, all as may be provided in the lease or agreement. Any undertaking may include in part one or more buildings, structures or facilities or combinations there-of to be leased or sold as provided in this paragraph, and in part other buildings, structures or facilities to be operated by the board, the revenues of the whole being allocated and pledged to the financing of the undertaking as a whole, and in such event, the requirements of this paragraph applicable to buildings, structures or facilities to be leased or sold shall be applicable only to the part of the undertaking which consists of the buildings, struc-tures or facilities to be so leased or sold. Section 3. Section 4 of Chapter 457 aforesaid is hereby amended by striking out and repealing the said Section 4 and in-serting in lieu thereof a new Section 4 to read as follows: Section 4. AUTHORIZATION OF UNDERTAKING; FORM AND CONTENT OF BONDS. The planning, acquisition, purchase, construction, recon-struction, improvement, betterment or extension of any under-taking may be undertaken by the board under this Act and bonds may be authorized under this Act by ordinance or ord-inances of the governing body adopted by a majority of all mem-bers thereof then in office, and such bonds may be issued from time to time as may be determined by such ordinance or ordinan-ces. Said bonds shall bear interest at such rate or rates, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding forty years from their re- 10 Chapter 4 spective dates, may be payable in such medium of payment, at such place or places, may carry such registration, privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as such ord-inance or subsequent ordinances may provide. After such bonds shall have been authorized by ordinance adopted by the govern-ing body, the bonds shall be sold by the board in such manner and on such terms as the board may prescribe, provided only that the price at which the bonds are sold shall never be such as to make the interest cost to the municipality exceed six per cent per annum computed to maturity according to standard tables of bond values. Pending the preparation of the definite bonds, interim receipts or certificates in such form and with such provisions as the governing body may determine may be issued to the purchaser or purchasers of bonds sold pursuant to this Act. All powers granted the municipality and all things authorized to be done by the governing body and by the board under the provisions of this Act may be exercised and done without the necessity for approval thereof by any other board, agency, in-strumentality, department, or political subdivision of the muni-cipality or of the State of Delaware. Nothing contained in this Act shall be so construed as to prevent the -execution of leases and agreements by the board for the lease or sale of all or any part of any undertaking, as long as it is expressly found by the board that the revenues to be de-rived from such lease or agreement, together with the other revenues of the undertaking, will be sufficient to carry out the requirements of Sections 9 and 10 of this Act. All rentals and payments received by the municipality under the provisions of any such lease or agreement shall be regarded as revenues of the undertaking within the meaning of paragraph (d) of Sec-tion 3 of this Act. Section 4. Section 5 of Chapter 457 aforesaid is hereby amended by adding to said Section 5 an additional paragraph to read as follows : In the discretion of the governing body, any issue of bonds hereunder may be secured by a trust indenture by and between Chapter 4 11 the municipality and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign revenues, earnings and rentals to be received by the municipality from the operation, rental or sale of the midertaking. In addition to the covenants hereinabove in this section authorized to be contained in any ordinance authorizing bonds hereunder, any such ordinance or any such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders and securing the prompt payment of principal of and interest on the bonds as may be reasonable and proper and not in violation of the law and as may be designed to enhance the marketability of the bonds. Section 5. Section 7 of Chapter 457 aforesaid is hereby amended by striking out and repealing the said Section 7 and inserting in lieu thereof a new Section 7 to read as follows : Section 7. LIENS OF BONDS. All bonds issued hereunder shall enjoy such parity with or priority over other bonds of the same issue and any bonds which may thereafter be issued payable from the revenues of the same undertaking as may be provided in the ordinance authorizing the issuance of the bonds. Section 6. Section 8 of Chapter 457 aforesaid is hereby amended by striking out and repealing the said Section 8 and inserting in lieu thereof a new Section 8 to read as follows : Section 8. BONDS TO BE ISSUED TO FINANCE UNDER-TAKING. The municipality may issue bonds, either in whole or in part, of the total amount necessary to finance any undertaking under this Act. All bonds issued under this Act shall be in addi-tion to and not within the limitations of any limitations on the indebtedness of the municipality which may be in existence at the time of the issuance of such bonds. Any bonds issued hereunder for any undertaking which is in whole or in part to be rented by the municipality for opera-tion by a corporation, entity or persons other than the munici- 12 Chapter 4 pality for utilization in the manufacturing, processing, assem-bling, storing or handling of any agricultural or manufactured produce or produce of mining or industry, or which is to be sold for such purpose pursuant to an installment purchase agree-ment as above authorized, shall be payable solely from the reve-nue of the undertaking and shall not be deemed to constitute an indebtedness of the municipality or a pledge of the faith and credit of the municipality, and such bonds shall not directly or indirectly or contingently obligate the municipality to levy or to pledge any form of taxation whatever therefor, and each such bond shall contain on its face recitals to the foregoing effect. Any bonds issued hereunder for other purposes may in the discretion of the governing body be made general obligations of the municipality to the payment of which the faith and credit of the municipality are pledged, and as to bonds issued secured by such pledge, the governing body shall have power to levy ad valorem taxes without limitation as to rate or amount upon all property taxable by the municipality to raise any money which may be required to pay such bonds and the interest thereon as the same become due and payable. It is hereby further determined and declared that the carry-ing out of the purposes of this act and the powers and duties imposed in the municipality, the governing authority and the board will constitute the performance of an essential govern-mental function of the municipality and of the State of Dela-ware, will promote the natural resources of the state and will benefit the inhabitants of the municipality and the state, and accordingly it is provided and the state covenants with the holders from time to time of the bonds issued hereunder: (1) No taxes or assessments imposed by the state or any of its po-litical subdivisions or taxing districts, including the municipality, shall be imposed upon any property acquired by the municipality under the provisions hereof or upon any property under the juris-diction, control, possession or supervision of the board, and no such taxes or assessments shall be imposed upon any of the ac-tivities of the board in the operation or maintenance of any such properties or on any income derived by the municipality or the board from such facilities or otherwise ; and (2) that all bonds issued hereunder, their transfer and the income therefrom shall always be exempt from taxation within the state. The purposes Chapter 4 13 to be effected by this Act are hereby expressly found and declared to be public uses for which public money may be spent and private property may be acquired by the exercise of the power of eminent domain. Section 7. That Chapter 457 aforesaid is hereby amended by adding thereto a new Section to be numbered and known as Section 10-A, said Section 10-A to read as follows: Section 10-A. CONSTRUCTION OF UNDERTAKING. Any building, structure or facility to be constructed or acquired hereunder as part of an undertaking may be acquired or constructed pursuant to such contracts and agreements as may be provided by the board without necessity for compliance with any statutory provision not contained in this Act and the proceeds of any bonds issued hereunder may be held, secured and paid out for the cost thereof in such manner as may be pro-vided by the board prior to the issuance of such bonds. The ex-penditure of all such bond proceeds shall be under the jurisdic-tion of the board. Section 8. That Chapter 457 aforesaid is hereby amended by adding thereto a new Section to be numbered and known as Section 10-B, said Section 10-B to read as follows: Section 10-B. LIMITATION OF ACTIONS. After the authorization, but prior to the issuance, of any bonds hereunder, the governing body may in its discretion cause to be published once in each of two consecutive weeks in at least one newspaper published in the municipality, a notice in substan-tially the following form: The Mayor and Council of Wilmington, acting through The Council and through the Board of Harbor Commissioners, have on the day of day of (repeat as often as necessary) provided for the issuance of $ bonds of The Mayor and Council of Wilmington for the purpose of financing the acquisition of 14 Chapter 4 which bonds are payable from Such bonds are further secured by Any action or proceeding questioning the validity of any of said proceedings or said bonds or the instruments securing such bonds must be commenced within twenty (20) days after the first publication of this notice. Mayor Attest: Clerk of The Council Any action or proceeding in any court to set aside any of the aforesaid proceedings or to contest the validity of any such bonds or related documents or instruments, must be commenced with-in twenty (20) days from the first publication of the above men-tioned notice. After the expiration of such period of limitation, no right of action or defense founded upon the invalidity of such proceedings, documents or instruments or of the bonds, shall be asserted, nor shall the validity thereof be open to question in any court upon any ground whatever except in an action or pro-ceeding commenced within such period. Section 9. EXCISION OF UNCONSTITUTIONAL OR INEFFECTIVE PARTS OF ACT. It is hereby declared that the Sections, Clauses, Sentences and Parts of this Act are severable, are not matters of mutual essential inducement, and any of them may be excinded by any court of competent jurisdiction, and if any provision shall be adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions hereof, but shall be confined in its operation to the specific provision or pro-visions so held unconstitutional or invalid, and the inapplicability or invalidity of any section, clause, sentence or part of this Act in any one or more instances shall not be taken to affect or preju-dice in any way the applicability or invalidity in any other in-stances. Approved March 16, 1959. CHAPTER 5 AN ACT TO AMEND CHAPTER 66, TITLE 16 OF THE DEL-AWARE CODE ENTITLED "STATE FIRE MARSHAL" BY CREATING A STATE FIRE PREVENTION COMMIS-SION AND APPROPRIATING MONEY THEREFOR. Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 66, Title 16, Delaware Code, is hereby amended by repealing sections 6601, 6602, 6603, 6604, 6605, 6606 and 6607 and substituting therefor the following sections: § 6601. State Fire Prevention Commission; appointment; quali-fications; members to serve without compensation There is hereby created a State Fire Prevention Com-mission, which shall consist of six persons, qualified by experience and training to deal with the matters which are the responsi-bilities of the Commission, appointed by the Governor. The term of office of the members first taking office shall expire, as desig-nated by the Governor at the time of appointment, one at the end of one year, one at the end of two years, one at the end of three years, one at the end of four years, one at the end of five years and one at the end of six years. Each succeeding term shall be for six years. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his pre-decessor was appointed, shall be appointed for the remainder of such term. Of the members of said Commission there shall at all times be three members, one from each County, who shall be members of paid or volunteer fire companies. The remaining three members of the Commission shall be representatives of in-dustry from New Castle County, Kent County and Sussex County. The members of the State Fire Prevention Commis-sion shall serve without compensation but shall be reimbursed for their actual and necessary expenses incurred in the perform-ance of their duties. § 6602. Organization and meetings (a) The State Fire Prevention Commission shall select a Chairman and Vice-Chairman from among its members and shall 15 1 16 Chapter 5 hold regular meetings at least once a month and special meet-ings when called by its Chairman. (b) No business shall be transacted by the State Fire Pre-vention Commission in the absence of a quorum which shall be three members, one of whom must be the Chairman or Vice- Chairman. § 6603. Promulgation of regulations The State Fire Prevention Commission shall have the power to promulgate, amend and repeal regulations for the safeguard-ing of life and property from the hazards of fire and explosion. Such regulations, amendments, or repealers shall be in accord-ance with standard safe practice as embodied in widely recog-nized standards of good practice for fire prevention and fire pro-tection and shall have the force and effect of law in the several counties, cities and political subdivisions of the State. Such reg-ulations and amendments shall not apply to existing installations, plants, or equipment unless the State Fire Prevention Commis-sion has duly found that the continuation thereof constitutes a hazard so inimicable to the public welfare and safety as to re-quire correction ; nor shall such regulations and amendments limit or prohibit the shipment, transportation, handling, or stor-age incident to transportation of any explosive, combustible or other dangerous article, in solid, liquid, or gas form, by rail, water, or highway, when such articles are in conformity with regulations of the Interstate Commerce Commission. In their interpretation and application the regulations promulgated under this chapter shall be held to be the minimum requirements for the safeguarding of life and property from the hazards of fire and explosion. Whenever the provisions of any other statute or local regulation are more stringent or impose higher standards than are required by any regulations promulgated under this chapter, the provisions of such statute or local regulation shall govern, provided they are not inconsistent with the State Code and are not contrary to recognized standards and good engineer-ing practices. § 6604. Public hearing and notices Prior to the promulgation, amendment, or repeal of any regulation, the State Fire Prevention Commission shall hold at Chapter 5 17 least one public hearing on each regulation, amendment, or re-pealer to be separately submitted, notice of which hearing shall be published 15 days before the date of the hearing in a news-paper or newspapers of general circulation throughout the State. A copy of such notice shall be sent at the same time to every per-son, firm, or corporation who shall have registered with the State Fire Prevention Commission a request to be so notified. The notice shall contain the time, mid place of hearing, subjects to be discussed, and shall specify the place and times at which the pro-posed regulation, amendment, or repealer may be examined. § 6605. Commission's powers in conduct of public hearing For the purpose of any public hearing under this chapter, the State Fire Prevention Commission shall have the power to summon witnesses and administer oaths for the purpose of giv-ing of testimony. § 6606. State Fire Marshal; appointment; term; salary The Office of State Fire Marshal is hereby established. The State Fire Prevention Commission shall appoint a person qualified by his previous training and experience in endeavors similar to those herein prescribed, as State Fire Marshal. The State Fire Marshal shall be a citizen of this State and a resident for at least five years prior to his appointment. He shall hold his office for a term of 4 years. He shall receive an annual salary of $6,000. He shall devote his whole time to the duties of his office. Whenever a vacancy shall occur in the office of State Fire Marshal for any reason other than the expiration of a term, the vacancy shall be filled by the State Fire Prevention Commission for the balance of the unexpired term. The office of the State Fire Marshal shall be located at the State Capitol in quarters provided by the State. The State Fire Marshal may appoint, with the approval of the State Fire Prevention Commission a Deputy or Deputies Fire Marshal and administer the usual oath required. The salary or salaries shall be set by the State Fire Prevention Commission from available funds appropriated. The Deputy or Deputies State Fire Marshal shall be a resident of this State but not of the same County as that resided in by the State Fire Marshal. 18 Chapter 5 In case of the absence of the State Fire Marshal, or his inability from any cause to discharge the duties of his office, such duties shall devolve upon the Deputy State Fire Marshal. The Fire Marshal of any political subdivision of this State, having such an office duly created by ordinance or resolu-tion before January 1, 1959, shall serve as an Assistant State Fire Marshal. Within the limits of the said political subdivision, he shall have exclusive jurisdiction exercising the duties and powers of the State Fire Marshal but he shall serve without com-pensation. The State Fire Marshal shall employ or acquire such office and clerical employees, equipment, furniture, supplies and paraphernalia as may be necessary for the orderly administration of his office. The State Fire Marshal, his Deputy or Deputies, and other members of his office, in addition to their salaries, shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. § 6607. State Fire Marshal; duties and powers (a) The State Fire Marshal shall enforce all laws and ord-inances of the State and the several counties, cities, and political subdivisions thereof having to do with: Prevention of fires; The storage, sale, and use of any explosive, combustible, or other dangerous article, in solid, liquid, or gas form; The installation and maintenance of equipment of all sorts intended for fire control, detection, and extinguishment; The means and adequacy of exit, in case of fire, from buildings and all other places in which numbers of persons work, live or congregate from time to time for any purpose, except buildings used wholly as dwelling houses containing no more than two families; The suppression of arson. Chapter 5 19 The State Fire Marshal shall assist any chief of any recognized fire company upon request of such chief. The State Fire Marshal shall enforce the regulations promulgated by the State Fire Prevention Commission as author-ized by section 6603 of this chapter. The State Fire Marshal shall require the administra-tive heads of public and private schools and educational institu-tions to have at least one fire drill each month when said schools are in session, and to keep all doors and exits unlocked during school hours. The State Fire Marshal shall inspect all State and County owned institutions, all schools, theatres, churches and other places of public asseinbly as to fire exits and reasonable safety standards and report his findings and recommendations to the proper administrative heads. The State Fire Marshal may at any time investigate as to the origin or circumstances of any fire or explosion occurring in the State, and may at all reasonable hours enter any building or premises within his jurisdiction for the purpose of making an inspection or investigation, which, under the provisions of this chapter, he may deem necessary to be made. The State Fire Marshal shall have the authority to issue subpoenas in the enforcement of this chapter. § 6608. Appeals to the State Fire Prevention Commission; pro-cedure (a) Appeals to the State Fire Prevention Commission may be taken by any person aggrieved by an order or decision of the State Fire Marshal based upon or made in the course of the ad-ministration or enforcement of the provisions of this chapter. Appeals to the State Fire Prevention Commission may be taken by any officer, department, board or bureau of the State and the several counties, cities, and political subdivisions thereof affected by an order or decision of the State Fire Marshal in the course of the administration or enforcement of the provisions of this chapter. 20 Chapter 5 (b) The time within which such appeal must be made, and the effect, form, or other procedure relating thereto, shall be as specified in regulations promulgated by the State Fire Preven-tion Commission following notice and public hearings as provided in sections 6604 and 6605 of this chapter. § 6609. Powers of State Fire Prevention Commission upon appeals Upon appeals the State Fire Prevention Commission shall have the following powers: To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the State Fire Marshal based on or made in the enforcement of the provisions of this chapter. To hear and decide, in accordance with the provisions of any duly adopted regulation, requests for special exceptions or for interpretation of regulations or for decisions upon other special questions upon which the Commission is required by any regulation to pass. To authorize a variance from particular provisions of the regulations duly promulgated under section 6603 hereof where strict -compliance with such provisions would entail prac-tical difficulties or unnecessary hardships, provided such relief may be granted without substantial detriment to the public safe-ty and without substantially impairing the intent and purpose of the regulations promulgated under section 6603 hereof. All decisions, authorizations, or interpretations made by the State Fire Prevention Commission hereunder shall be written and signed by the Chairman or Vice-Chairman and filed in the office of the State Fire Marshal within 20 days following the appeal. § 6610. Court review of decision of State Fire Prevention Com-mission; procedure (a) Any person jointly or severally aggrieved by any deci-sion of the State Fire Prevention Commission made in the exer-cise of its appellate function under section 6609 hereof, or any Chapter 5 21 officer, department, board or bureau of the State and the several counties, cities, and political subdivisions thereof may present to the Superior Court of the County in which the property in ques-tion, or the party aggrieved, or either, shall be located or of which such party shall be a resident, a duly verified petition set-ting forth that such decision is illegal in whole or in part, specify-ing the grounds of the illegality. The petition shall be presented to the Court within 30 days after the filing of the decision in the office of the State Fire Marshal. Upon the presentation of the petition, the Court may allow a writ of certiorari, directed to the State Fire Prevention Commission, to review the decision of the State Fire Prevention Commission, and shall prescribe therein the time within which a return thereto must be made and served upon the petitioner's attorney, which shall not be less than 10 days and may be ex-tended by the Court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the Court may, on applica-tion, on notice to the Commission and on due cause shown, grant a restraining order. The State Fire Prevention Commission shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof, or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be perti-nent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such evidence as it may direct and report the same to the Court with his find-ings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made. The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the Commission un-less it shall appear to the Court that it acted with gross negligence 22 Chapter 5 or in bad faith or with malice in making the decision appealed from. § 6611. Maintenance of fire hazard, violations of regulations, or chapter; enforcement; remedies and penalties No person shall erect, construct, reconstruct, alter, maintain or use any building, structure or equipment or use any land in such a way to endanger life or property from the hazards of fire or explosion, or in violation of any regulation, or any pro-vision of, or any change thereof, promulgated by the State Fire Prevention Commission under the authority of this chapter. Whoever knowingly violates such regulations, provi-sions or change, or any provision of this chapter, shall be fined not more than $100 or imprisoned not more than 10 days or both. Each and every day during which such illegal erection, construction, reconstruction, alteration, maintenance, or use con-tinues after knowledge or official notice that same is illegal shall be deemed a separate offense. In case any building, structure or equipment is or is proposed to be erected, constructed, reconstructed, altered, main-tained or used, or any land is or is proposed to be used in such a way to endanger life or property from the hazards of fire or ex-plosion or in violation of this chapter or of any regulation or pro-vision of any -regulation, or change thereof promulgated by the State Fire Prevention Commission under the authority granted by this chapter, the State Fire Prevention Commission, the State Fire Marshal, or the Attorney General may, in addition to other remedies provided by law, institute injunction, mandamus, abate-ment or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use. § 6612. Annual report; financial statement, budget (a) The State Fire Prevention Commission shall annually, on or before the thirtieth day of September, transmit to the Governor a full report of its proceedings under this chapter and such statistics as it may wish to include therein; it shall also recommend any amendments to the law which in its judgment shall be desirable. Chapter 5 23 Along with the annual report, the State Fire Preven-tion Commission shall transmit a financial statement showing all expenditures and income of the State Fire Prevention Commis-sion covering the preceding twelve months, starting July 1 and ending June 30. In the even numbered years the State Fire Prevention Commission shall submit to the Budget Commission a budget showing proposed expenditures for the biennium beginning July 1 next succeeding. Section 2. The funds remaining from the appropriation to the State Fire Marshal under Chapter 322, Volume 50, Laws of Delaware, shall be transferred to the State Fire Prevention Com-mission for the purpose of carrying out this act. Section 3. Any and all funds appropriated in the name of the State Fire Marshal in the General Appropriation Bill ap-proved by the 120th General Assembly shall be transferred to the State Fire Prevention Commission for the purpose of carrying out this act. Section 4. All acts or parts of acts inconsistent with any of the provisions of this act are hereby repealed to the extent of any such inconsistency. Section 5. This Act shall take effect upon July 1, 1959. Approved March 23, 1959. 24 CHAPTER 6 AN ACT TO AMEND CHAPTER 9, TITLE 10, DELAWARE CODE (KNOWN AS THE FAMILY COURT ACT) BY RE-DEFINING "FAMILY" AS RESPECTS THE COURT'S JURISDICTION. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Title 10, Delaware Code, by striking out the paragraph in § 901 of Chapter 9 thereof defining the word "Family", and by enacting and inserting therein a new paragraph re-defining the word "Family" to read: "Family" means husband and wife; a man and woman co-habiting as husband and wife in a home in which there are also children in ease or in ventre sa mere, of either or both; parent and child; guardian and ward; and also any group of persons re-siding together in one home under one head who are related by blood or marriage. Approved March 30, 1959. Approved March 30, 1959. CHAPTER 7 AN ACT TO AMEND CHAPTER 9, TITLE 10, DELAWARE CODE (KNOWN AS THE FAMILY COURT ACT) BY DELETING THE PROVISION PROVIDING FOR APPOINT-MENT OF JUDGES FOR UNEXPIRED TERMS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Title 10, Delaware Code, by striking out sub-section (c) of 907 of Chapter 9 thereof. 26 CHAPTER 8 AN ACT TO AMEND CHAPTER 20, TITLE 9, DELAWARE CODE, ENTITLED "AMBULANCE AND RESCUE SER-VICE". Be it enacted by the General Assembly of the State of Delaware: Section 1. § 2004, Title 9, Delaware Code, is hereby re-pealed and a new § 2004 enacted in lieu thereof to read as fol-lows: § 2004. Life saving equipment; appropriations to fire companies The Levy Court of New Castle County shall appropriate annually $500 to each of the following fire companies in New Castle County: The Holloway Terrace Volunteer Fire Co., Inc., Claymont Fire Company No. 1, Talleyville Fire Company and Five Points Fire Company, for the maintenance and operation by each of the fire companies of a motor vehicle containing life saving equipment and used by their rescue squads. The appro-priations shall be paid within three months after the beginning of each fiscal year. Approved March 30, 1959. CHAPTER 9 AN ACT TO AUTHORIZE THE STATE OF DELAWARE TO BORROW A CERTAIN SUM OF MONEY TO PROVIDE FOR HIGHWAY IMPROVEMENTS AND FOR BUILDINGS UNDER THE JURISDICTION OF THE STATE HIGHWAY DEPARTMENT BY ACQUIRING LANDS AND RIGHTS-OF- WAYS, CONSTRUCTING AND RECONSTRUCTING HIGHWAYS, BRIDGES, BY PROVIDING BUILDINGS AND IMPROVEMENTS INCIDENTAL THERETO AND TO ISSUE BONDS AND NOTES THEREFOR AND AP-PROPRIATING SAID FUNDS. WHEREAS, through the enactment of Federal legislation the Federal Aid Highway Act of 1958 was approved, and WHEREAS, by such act additional Federal funds were made available to the several States for highway improvement provided such States furnish matching funds therefor, and WHEREAS, the availability of the aforementioned Federal funds could not be anticipated at the time that the requirements for highway improvements for the current biennium were estab-lished by the State Highway Department with the result that funds provided for highway purposes during the 119th Session of the General Assembly will not suffice to match the additional Federal funds tentatively allocated to the State of Delaware, and WHEREAS, the benefits of the additional Federal funds cannot be realized unless matching funds are made available by the State of Delaware, NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware, (three-fourths of all Members elected to each House concurring therein): Section 1. The Governor, Secretary of State, and State Treasurer of the State of Delaware, herein sometimes referred to as the ISSUING OFFICERS, shall borrow upon the faith and credit of the State of Delaware a sum of money not in excess of Two Million Five Hundred Thousand Dollars ($2,500,000), which shall be used for the purpose of construction and reconstruction 27 28 Chapter 9 of roads, highways, and bridges, and to provide buildings re-quired by any division of the State Highway Department and for the acquisition of land, rights-of-way, and the surveying, grad-ing, and landscaping thereof, and for the costs of labor, material, equipment, supplies and for dams, locks, sewers, watermains, and underpasses incidental and necessary to the foregoing; and the ISSUING OFFICERS shall sell, execute and deliver bonds in con-formity with the provisions of this Act to an amount not to ex-ceed the said sum of Two Million Five Hundred Thousand Dol-lars ($2,500,000). The bonds may be issued all at one time or from time to time, in such series and amounts as the ISSUING OFFICERS shall determine to be required, subject to the provi-sions contained in this Act, and with the proviso that such bonds shall be sold, executed and delivered prior to 31 December 1959. Said sum of money may be borrowed and said bonds may be issued in addition to any sums authorized to be borrowed or bonds authorized to be issued for the purposes hereinbefore described by any other law now in effect. Section 2. In anticipation of the issuance of bonds, the ISSUING OFFICERS may issue and sell notes of the State of Delaware at either public or private sale for not less than par and accrued interest. They may be renewed from time to time by the issuance and sale of new notes, but all such notes shall mature and be paid not later than December 31, 1959. The total amount of said notes outstanding at any one time, together with the total amount of said bonds theretofore issued, shall not ex-ceed Two Million Five Hundred Thousand Dollars ($2,500,000). Said notes may be redeemed at par and accrued interest prior to their maturity if the right of the State to do so shall have been reserved by an express provision in the notes. The princi-pal of said notes shall be paid out of the proceeds of the sale of said bonds or notes. Section 3. The bonds and notes issued in accordance with the provisions of this Act shall be direct general obligations of the State, and the public faith and credit of the State of Del-aware are hereby expressly pledged for the full and complete payment of the debt, principal and interest by this Act authoriz-ed, of the bonds and notes hereby authorized to be issued and the Chapter 9 29 coupons thereto attached, and the said bonds and notes shall be exempt from taxation by the State or any political subdivisions thereof for any purpose. Section 4. The said bonds and notes shall recite that they are issued for the purposes set forth in Section 1 of this Act, that they are issued in pursuance of this Act and the Constitu-tion of this State, and upon the sale and delivery of any such bond or note, such recitals shall be conclusive upon the State of Del-aware and all and every other person whatsoever of the right, power and authority for the issuance of said bonds or notes and the legality and validity of such bonds or notes and of the prin-cipal debt and interest represented thereby, and the legality and validity of such bonds or notes thereafter shall never be ques-tioned in any court of law or equity by the State of Delaware or any person or persons for its use or in its behalf, and the pro-vision shall be and become part of the contract and obligation represented by any such bonds or notes. Section 5. The bonds issued under the authority of this Act shall be in denominations of One Thousand Dollars ($1,000), or multiple thereof, as shall be decided by the ISSUING OFFI-CERS, or the majority of them, with coupons thereto attached for each half year's interest thereon. The said bonds shall be numbered consecutively, and shall bear such dates as the ISSU-ING OFFICERS shall fix and shall bear interest at such rate as shall be determined by the bid accepted by the ISSUING OFFI-CERS, which interest shall be payable semi-annually in each year that such bonds remain unpaid, at the Farmers Bank of the State of Delaware, at Dover, upon presentation of a coupon rep-resenting such semi-annual interest. Said bonds shall be in such form and may contain such other and further recital and be subject to such terms and conditions, with such privileges as to registration, conversion, reconversion, redemption and exchange, and may contain such other provisions as may be determined by said ISSUING OFFICERS. The said bonds shall mature as the ISSUING OFFICERS may determine; provided, however, that the principal amount of said bonds, or any series thereof, shall be made to mature fully within twenty (20) years from the date of issue thereof. 30 Chapter 9 The said bonds shall be executed on behalf of the State of Delaware by the Governor, the Secretary of State and the State Treasurer and shall have the impression of the Great Seal of the State thereon. The signatures of the Governor and the Secre-tary of State may be engraved or printed on such bonds, but the signature of the State Treasurer shall be in his own proper hand-writing. Attached interest coupons shall bear the signature of the State Treasurer which may be engraved, printed or written on such coupons. The coupons attached to each bond shall bear the same number as the bond to which they are attached. The said bonds, with the coupons attached, may be issued notwithstanding that any of the officers executing them in the manner herein provided shall have ceased to hold office at the time of such issue or at the time of the delivery of the said bonds. Section 6. For the purpose of designation and identifica-tion, any bond issued under the authority of this Act shall be known and styled "SUPPLEMENTARY STATE HIGHWAY DE-PARTMENT IMPROVEMENT BOND OF 1959." Section 7. The said bonds, as well as the interest coupons thereto attached, shall be issued in such form or forms as the ISSUING OFFICERS may adopt. It shall be the duty of the State Treasurer to provide a record of the proper size and form to be retained in his office, in which he shall keep a record of all bonds which shall be paid and re-deemed according to the number thereof, and in addition thereto, he shall cause any such bond to be cancelled by making lines with red ink through the signatures of the Governor, Secretary of State, and State Treasurer, and also by writing across the face thereof in red ink the following: This bond paid and redeemed this day of , A.D. 19 State Treasurer As the said coupons are paid, it shall be the duty of the State Treasurer to mark the same in red ink across the face Chapter 9 31 "Paid." All bonds paid and redeemed, as well as all coupons paid and cancelled as aforesaid, shall be safely kept by the State Trea-surer so long as any bond authorized by this Act is unpaid and not redeemed. Section 8. Whenever the bonds authorized by this Act may be issued in conformity with the provisions of this Act, the Issuing Officers are hereby directed to advertise that they will receive bids at such place or places that may be named in said advertisement for such bonds under such regulations as may be made in the discretion of the Issuing Officers. Sufficient notice of sale of said bonds shall be deemed to have been given if said notice shall have been published at least once, ten or more days before the date of sale in at least one newspaper published in the State of Delaware and in a financial Journal published in the City of New York, and no other publication of such notice of sale shall be necessary ; and said bonds may be sold upon such terms and conditions as may be set forth in such notice of sale, pro-vided that the purchase price shall be not less than par and ac-crued interest. If any of said bonds so offered for sale are not bid for, or if any insufficient price be bid for them, they may be subsequently disposed of under the direction of the Issuing Offi-cers at private sale upon the best terms they can obtain for the same, provided that they shall not be sold at private sale for less than par and accrued interest. Section 9. All moneys received from the sale of said bonds or notes shall be deposited by the State Treasurer in the Farm-ers Bank of the State of Delaware at Dover, and shall be used exclusively in accordance with the provisions of this Act and for the purpose of paying the principal of notes issued under this Act. In addition to any moneys appropriated by any other Act there is appropriated to the State Highway Department the sum of Two Million Five Hundred Thousand Dollars ($2,500,000) or so much thereof as shall be received from the sale of the bonds and notes authorized hereby, which shall be used for the purposes set forth herein. Any of said funds remaining unexpended at the end of any fiscal year shall not revert to the General Fund but shall remain in said account to be used for the purposes set forth in this Act. 32 Chapter 9 Section 10. There is appropriated from the General Fund such sums as may be necessary for the expenses incident to the issuance of the bonds and notes herein authorized, and such fur-ther sums as may be necessary to pay any interest which become due on such bonds and notes during the biennium ending June 30, 1959, and such further sums as may be necessary for the re-payment of the principal of any of the said bonds which become due during the biennium ending June 30, 1959. Vouchers for the payment of the expenses incident to the issuance of bonds and notes and for interest and repayment of said notes shall be signed by the Secretary of State, by and with the approval of the Issuing Officers. Any moneys received from the premium and accrued interest on the sale of said bonds shall be deposited to the credif of the General Fund. Section 11. The Budget Appropriation Bill which shall be enacted and approved by the General Assembly at the 120th Ses-sion and each and every subsequent biennial Session thereof, shall contain under the Debt Service Item provisions for the pay-ment of interest and principal maturities of said bonds issued un-der the authority of this Act, and such of the revenues of the State of Delaware as are not prohibited by constitutional pro-vision or committed by preceding statutes for other purposes are hereby pledged for the redemption and cancellation of said bonds and payment of interest thereon. Section 12. This is an emergency enactment to secure matching funds from the Federal Government. Approved March 31, 1959. State a Delaware County Permanent Reg. No Last Name CHAPTER 10 AN ACT TO AMEND CHAPTER 17, TITLE 15, DELAWARE CODE ENTITLED REGISTRATION PROCEDURE RE-LATING TO ISSUANCE OF VOTER IDENTIFICATION CARDS; PENALTIES FOR MISUSE AND DEFACING OF A VOTER IDENTIFICATION CARD; TRANSFER OF REGISTRATION UPON PRESENTMENT OF A VOTER IDENTIFICATION CARD. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 15, Chapter 17, Delaware Code is hereby amended by adding thereto a new Section 1730 to read as fol-lows: § 1730. Issuance of Voter Identification Card The Department of Elections in each of the Counties shall prepare and mail to each registered voter a Voter Identification Card, in substantially the following form : First Name Middle Initial Post Office Address Not Valid Unless Signed 33 Signature of Registrant Elec. Dist. Repr. Dist. Ward 34 Chapter 10 The Voter Identification Card shall be mailed during 1959 to all registered voters. Commencing with the first registration day of 1960, the Department of Elections shall prepare and mail a Voter Identification Card to each new and transferred regis-tered voter. The Department shall issue a duplicate Voter Identification Card upon a registered voter showing that his Voter Identifica-tion Card has been lost, displaced or destroyed. No duplicate Identification Card shall be issued except upon affidavit under oath showing the circumstances of such loss, misplacement or destruction. The Department may require such other proofs of loss, misplacement or destruction as is reasonable. Section 2. Title 15, Chapter 17, Delaware Code is hereby amended by adding thereto a new Section 1731 to read as fol-lows : § 1731. Whoever knowingly permits his Voter Identifica-tion Card to be used by another person or who knowingly shall deface his Voter Identification Card shall be fined not more than $500. or imprisoned not more than 30 days. Section 3. Title 15, Section 1741, Delaware Code, is here-by amended by adding the following at the end of the third paragraph thereof : No person shall apply for a transfer of registration to the registration officers in an election district unless he presents his Voter Identification Card, or if such card has been lost, misplaced or destroyed, by presenting a duplicate Voter Identi-fication Card as issued by the Department. Approved April 2, 1959. CHAPTER 11 AN ACT MAKING SUPPLEMENTARY APPROPRIATIONS TO VARIOUS DIVISIONS OF STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1959. Be it enacted by the General Assembly of the State of Delaware: Section 1. There is hereby appropriated to the State Board of Education, certain school districts and the Wilmington Board of Education the sum of $2,127,414.00 for the fiscal year ending June 30, 1959. Year Ending June 30, 1959 STATE BOARD OF EDUCATION Contingency Fund to be transferred to school districts, if needed $25,000.00 J. G. Leach SchoolSalaries 8,940.00 J. G. Leach SchoolAll Costs 2,500.00 Homebound 4,950.00 Student Driver TrainingSalaries 400.00 Summer Music Program 1,800.00 1-2-3 Teacher SchoolsAll Other Costs 3,000.00 1-2-3 Teacher SchoolsCafeteria Managers 499.00 PUBLIC SCHOOLS SPECIAL SCHOOL DISTRICTS ALEXIS I. duPONT Salaries Administrative $ 740.00 Clerical 1,800.00 Instructional 720.00 Cafeteria 458.00 Substitutes 2,200.00 Capital Outlay 325.00 All Other Costs 650.00 35 $6,893.00 36 CAESAR RODNEY Chapter 11 Salaries Administrative $ 770.00 Clerical 2,200.00 Instructional 86,662.00 Health 1,900.00 Cafeteria 655.00 Substitutes 9,000.00 Capital Outlay 3,455.00 All Other Costs 16,900.00 $121,542.00 CLAYMONT Salaries Administrative $ 9,800.00 Clerical 3,120.00 Instructional 68,590.00 Janitorial 10,750.00 Health 1,500.00 Cafeteria 178.00 Substitutes 5,000.00 Capital Outlay 2,160.00 All Other Costs 11,700.00 $112,798.00 DOVER Salaries - Administrative $ 1,170.00 Instructional 27,140.00 Janitorial 14,050.00 Cafeteria 840.00 Substitutes 12,600.00 Capital Outlay 1,415.00 All Other Costs 7,150.00 $64,365.00 GEORGETOWN Salaries Administrative $ 200.00 Clerical 120.00 Instructional 11,931.00 Chapter 11 37 Janitorial 500.00 Health 400.00 Cafeteria 515.00 Substitutes 3,040.00 Capital Outlay 590.00 All Other Costs 3,250.00 $20,546.00 HARRINGTON Salaries Administrative $ 440.00 Instructional 16,420.00 Cafeteria 471.00 Substitutes 1,200.00 Capital Outlay 535.00 All Other Costs 2,600.00 $21,666.00 LAUREL Salaries Clerical $ 60.00 Instructional 4,978.00 Health 914.00 Cafeteria 805.00 Substitutes 5,000.00 Capital Outlay 690.00 All Other Costs 3,900.00 $16,347.00 LEWES Salaries Administrative $ 680.00 Clerical 1,228.00 Instructional 18,386.00 Cafeteria 864.00 Substitutes 4,000.00 Capital Outlay 600.00 All Other Costs 3,900.00 $29,658.00 38 MILFORD Chapter 11 Salaries Administrative $ 1,350.00 Clerical 2,240.00 Instructional 33,578.00 Janitorial 18,200.00 Health 600.00 Cafeteria 788.00 Substitutes 7,725.00 Capital Outlay 1,715.00 All Other Costs 9,100.00 $75,296.00 MT. PLEASANT Salaries Administrative $ 1,640.00 Clerical 2,380.00 Instructional 115,555.00 Janitorial 20,150.00 Cafeteria 2,830.00 Substitutes 8,000.00 Capital Outlay 3,185.00 All Other Costs 16,900.00 $170,640.00 NEW CASTLE Salaries Administrative $ 1,080.00 Clerical 3,360.00 Instructional 50,328.00 Janitorial 19,660.00 Cafeteria 1,404.00 Substitutes 15,400.00 Capital Outlay 2,205.00 All Other Costs 9,100.00 $102,537.00 NEWARK Salaries Administrative $ 1,350.00 Clerical 6,160.00 Chapter 11 39 Instructional 162,720.00 Janitorial 11,135.00 Health 4,200.00 Cafeteria 3,047.00 Substitutes 17,500.00 Capital Outlay 5,470.00 All Other Costs 27,880.00 $239,462.00 REHOBOTH Salaries Administrative $ 280.00 Instructional 13,750.00 Cafeteria 471.00 Substitutes 1,000.00 Capital Outlay 345.00 All Other Costs 1,950.00 $17,796.00 SEAFORD Salaries Administrative $ 730.00 Clerical 2,727.00 Instructional 27,560.00 Cafeteria 1,171.00 Substitutes 7,500.00 Capital Outlay 1,660.00 All Other Costs 8,450.00 $49,798.00 SMYRNA Salaries Administrative $ 400.00 Clerical 1,139.00 Instructional 21,672.00 Health 600.00 Cafeteria 788.00 Substitutes 2,200.00 40 Chapter 11 Capital Outlay 635.00 All Other Costs 3,250.00 $30,684.00 LOCAL SCHOOL DISTRICTS GUNNING BEDFORD, JR. Salaries Clerical $ 1,900.00 Instructional 7,680.00 Janitorial 2,700.00 Cafeteria 805.00 Substitutes 2,250.00 Capital Outlay 245.00 All Other Costs 1,300.00 $16,880.00 CHRISTIANA #44 Salaries Janitorial $2,200.00 Cafeteria 309.00 $2,509.00 ODESSA #61 Salaries - Instructional $1,600.00 Substitutes 600.00 $2,200.00 H. C. CONRAD #131 Salaries Clerical $ 886.00 Instructional 63,220.00 Health 1,400.00 Cafeteria 508.00 Substitutes 1,200.00 Capital Outlay 1,625.00 All Other Costs 9,100.00 $77,939.00 Chapter 11 ALFRED I. duPONT #7 41 Salaries Clerical $ 2,000.00 Instructional 171,200.00 Janitorial 48,916.00 Health 700.00 Substitutes 10,000.00 Capital Outlay 4,845.00 All Other Costs 25,350.00 $263,011.00 MARSHALLTON #77 Salaries Administrative $ 450.00 Clerical 500.00 Instructional 45,160.00 Janitorial 15,750.00 Health 1,200.00 Cafeteria 3,848.00 Substitutes 7,000.00 Capital Outlay 1,860.00 All Other Costs 9,750.00 $85,518.00 MIDDLETOWN #60 Salaries Janitorial $ 670.00 Health 200.00 Cafeteria 471.00 $1,341.00 NEWPORT #21 Salaries Administrative $ 200.00 Janitorial 170.00 Cafeteria 339.00 Substitutes 1,200.00 Capital Outlay 145.00 All Other Costs 650.00 $2,704.00 42 OAK GROVE #130 Chapter 11 Salaries Administrative $ 440.00 Clerical 440.00 Instructional 28,844.00 Janitorial 3,575.00 Substitutes 8,280.00 Capital Outlay 590.00 All Other Costs 3,250.00 $45,419.00 RICHARDSON PARK #20 Salaries Cafeteria $426.00 $426.00 ROSE HILL #47 Salaries Administrative $ 1,610.00 Clerical 300.00 Instructional 69,290.00 Janitorial 4,420.00 Health 1,600.00 Cafeteria 1,372.00 Substitutes - 5,940.00 Capital Outlay 2,385.00 All Other Costs 11,700.00 $98,617.00 STANTON #38 Salaries Clerical $ 1,495.00 Instructional 41,986.00 Cafeteria 471.00 Substitutes 1,500.00 Capital Outlay 1,605.00 All Other Costs 7,800.00 $54,857.00 Chapter 11 43 TOWNSEND #81 Salaries Administrative $ 500.00 Clerical 200.00 Health 100.00 Cafeteria 396.00 Substitutes 650.00 Capital Outlay 100.00 All Other Costs 650.00 $2,596.00 MILLSIDD #I32 Salaries Clerical $ 155.00 Instructional 28,226.00 Cafeteria 189.00 Substitutes 3,600.00 Capital Outlay 545.00 All Other Costs 3,300.00 $36,015.00 NEWPORT #106 Salaries Instructional $ 8,912.00 Cafeteria 471.00 Substitutes 3,300.00 Capital Outlay 100.00 All Other Costs 1,300.00 $14,083.00 MIDDLETOWN #120 Salaries Administrative $ 380.00 Clerical 725.00 Instructional 570.00 Janitorial 3,000.00 Health 400.00 Cafeteria 537.00 Substitutes 5,056.00 44 Chapter 11 Capital Outlay 290.00 All Other Costs 1,300.00 $12,258.00 CLAYTON #119 Salaries Administrative $ 210.00 Instructional 1,939.00 Janitorial 200.00 Cafeteria 405.00 Substitutes 1,040.00 Capital Outlay 200.00 All Other Costs 1,300.00 $5,294.00 FELTON #54 Salaries Administrative $ 540.00 Instructional 2,950.00 Janitorial 4,400.00 Cafeteria 427.00 Substitutes 3,000.00 Capital Outlay 300.00 All Other Costs 1,950.00 $13,567.00 FREDERICA #32 Salaries Instructional $ 8,350.00 Cafeteria 316.00 Substitutes 1,000.00 Capital Outlay 300.00 All Other Costs 1,950.00 $11,916.00 HARTLY #96 Salaries Cafeteria $316.00 $316.00 Chapter 11 45 HOUSTON #125 Salaries Cafeteria $166.00 $166.00 WM. HENRY COMPREHENSIVE Salaries Administrative $ 100.00 Clerical 1,870.00 Instructional 33,500.00 Janitorial 5,900.00 Cafeteria 714.00 Substitutes 810.00 Capital Outlay 745.00 All Other Costs 4,550.00 $48,189.00 BRIDGEVILLE *90 Salaries Instructional $1,500.00 Janitorial 642.00 Health 100.00 Cafeteria 427.00 Substitutes 1,000.00 Capital Outlay 290.00 All Other Costs 1,300.00 $5,259.00 DELMAR #163 Salaries Instructional $ 9,160.00 Janitorial 6,239.00 Health 400.00 Cafeteria 339.00 Substitutes 4,000.00 Capital Outlay 100.00 All Other Costs 650.00 $20,888.00 46 Chapter 11 BLADES *172 Salaries Cafeteria $ 346.00 All Other Costs 2,450.00 $2,796.00 ELLENDALE #125 Salaries Janitorial $200.00 Cafeteria 339.00 $539.00 J. M. CLAYTON #97 Salaries Janitorial $3,700.00 Cafeteria 361.00 Substitutes 1,000.00 $5,061.00 GREENWOOD #91 Salaries Janitorial $2,624.00 Cafeteria 267.00 Substitutes 1,606.00 Capital Outlay 145.00 All Other Costs 650.00 $5,292.00 GUMBORO #37 Salaries Cafeteria $316.00 $316.00 LINCOLN #3 Salaries Instructional $3,600.00 Substitutes 900.00 Capital Outlay 100.00 All Other Costs 650.00 $5,250.00 Chapter 11 47 LORD BALTIMORE #28 Salaries Clerical $ 20.00 Cafeteria 471.00 Substitutes 1,400.00 $1,891.00 MILLSBORO #23 Salaries Clerical $ 220.00 Cafeteria 471.00 Substitutes 1,200.00 Capital Outlay 200.00 All Other Costs 1,300.00 $3,391.00 MILTON #8 Salaries Janitorial $ 472.00 Cafeteria 361.00 Substitutes 1,110.00 Capital Outlay 100.00 All Other Costs 650.00 $2,693.00 sELBirvnazi #32 Salaries Administrative $ 20.00 Instructional 1,881.00 Cafeteria 471.00 Substitutes 2,100.00 Capital Outlay 100.00 All Other Costs 650.00 $5,222.00 BRIDGEVILLE #220 Salaries Instructional $ 150.00 Substitutes 520.00 48 Chapter 11 Capital Outlay 345.00 All Other Costs 1,950.00 $2,965.00 PRANICFORD #206 Salaries Clerical $ 650.00 Janitorial 2,250.00 Cafeteria 383.00 Capital Outlay 100.00 All Other Costs 650.00 $4,033.00 MILLSBORO #204 Salaries Janitorial $ 400.00 Health 400.00 Cafeteria 356.00 Capital Outlay 100.00 All Other Costs 650.00 $1,906.00 WM. JASON COMPREHENSIVE SCHOOL Salaries Instructional $12,388.00 Janitorial 2,192.00 Substitutes 1,350.00 Capital Outlay 635.00 All Other Costs 3,250.00 $19,815.00 SELBYVILLE #210 Salaries Instructional $ 800.00 Janitorial 250.00 Cafeteria 294.00 Substitutes 600.00 Capital Outlay 100.00 All Other Costs 650.00 $2,694.00 Section 2. The moneys made available to the State Board of Education for the operation of the 1, 2, and 3 teacher schools of the State Board Unit, exclusive of salaries, which shall re-main unexpended at the end of any fiscal year shall be retained by the State Treasurer for the use of the State Board of Edu-cation for the purposes for which said funds were originally appropriated and shall not revert to the General Fund of the State of Delaware. Section 3. The sum of $18,900 is appropriated to The Youth Services Commission for the operation of the Bridge House at the Detention Home for Juvenile Delinquents. Section 4. These are emergency supplementary appropri-ations and the funds appropriated shall be paid out of the General Fund of the State of Delaware. Approved April 10, 1959. Chapter 11 49 WILMINGTON BOARD OF EDUCATION Salaries Administrative $ 35,890.00 Clerical 4,800.00 Janitorial 12,400.00 Cafeteria 4,925.00 Substitutes 50,000.00 Capital Outlay 1,250.00 All Other Costs 5,200.00 $114,465.00 TOTAL $2,127,414.00 50 CHAPTER 12 AN ACT TO AUTHORIZE THE TOWNSEND SCHOOL DIS-TRICT TO MAKE CERTAIN TAX REFUNDS. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Townsend School District #81, is hereby authorized and directed to refund to John Wenfield Hoch a sum not to exceed $254.60 for school taxes for the years 1947 through 1955 which taxes were erronously collected in respect to property not located within the Townsend School District #81. Approved April 13, 1959. CHAPTER 13 AN ACT TO AMEND CHAPTER 16, TITLE 9, DELAWARE CODE BY INCREASING THE COMPENSATION OF THE PUBLIC BUILDING SUPERINTENDENT FOR THE CITY OF WILMINGTON AND FOR NEW CASTLE COUNTY. Be it enacted by the General Assembly of the State of Delaware: ' Section 1. Section 1607, Title 9, Delaware Code, is amended by striking out the 'figures 15,000" as they appear therein and substituting the figures "$7,500." Approved April 14, 1959. 51 50 CHAPTER 12 AN ACT TO AUTHORIZE THE TOWNSEND SCHOOL DIS-TRICT TO MAKE CERTAIN TAX REFUNDS. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Townsend School District #81, is hereby authorized and directed to refund to John Wenfield Hoch a sum not to exceed $254.60 for school taxes for the years 1947 through 1955 which taxes were erronously collected in respect to property not located within the Townsend School District #81. Approved April 13, 1959. CHAPTER 13 AN ACT TO AMEND CHAPTER 16, TITLE 9, DELAWARE CODE BY INCREASING THE COMPENSATION OF THE PUBLIC BUILDING SUPERINTENDENT FOR THE CITY OF WILMINGTON AND FOR NEW CASTLE COUNTY. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 1607, Title 9, Delaware Code, is amended by striking out the figures "$5,000" as they appear therein and substituting the figures "$7,500." Approved April 14, 1959. 51 52 CHAPTER 14 AN ACT TO AMEND TITLE 15, SECTION 3148 DELAWARE CODE BY MAKING UNIFORM THE COMPENSATION OF OFFICERS AND CLERKS IN PRIMARY AND GEN-ERAL ELECTIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 15, Section 3148 Delaware Code is amended by deleting all of said section and inserting in lieu thereof: "Compensation of the officers and clerks for the holding of primary elections shall be the same as the compensation for officers and clerks in general elections." Approved April 17, 1959. CHAPTER 15 AN ACT TO AMEND TITLE 15, SECTIONS 1746 AND 1747 DELAWARE CODE BY REPEALING THE REQUIRE-MENT THAT VOTERS WHO TRANSFER THEIR REGIS-TRATION BE NOTIFIED OF THE TRANSFER. Be it enacted by the General Assembly of the State of Delaware: Section 1'. Title 15, Section 1747 Delaware Code is re-pealed. Section 2. Title 15, Section 1746 Delaware Code is amended by striking out the last sentence thereof as it presently appears. Approved April 17, 1959. 54 CHAPTER 16 AN ACT TO AMEND CHAPTER 1, TITLE 8, DELAWARE CODE, RELATING TO CORPORATIONS. 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 132, Chapter 1, Title 8, Delaware Code, is hereby amended by striking out said section 132. Approved April 17, 1959. CHAPTER 17 AN ACT TO AMEND SECTION 253, TITLE 8, DELAWARE CODE, ENTITLED "GENERAL CORPORATION LAW" AND RELATING TO THE MERGER OF PARENT COR-PORATION AND SUBSIDIARY. 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. § 253, Title 8, Delaware Code, is hereby re-pealed and a new § 253 is hereby enacted to read as follows: § 253. Merger of parent corporation and subsidiary (a) Any corporation organized or existing under the laws of this State, or under the laws of any other state or jurisdiction subject to the laws of the United States, if the laws of such other state or jurisdiction shall permit such a merger, owning at least ninety per centum of the oustanding shares of each class of the stock of any other corporation or corporations organized or existing under the laws of this State, or under the laws of any other state or jurisdiction subject to the laws of the United States, if the laws of such other state or jurisdiction shall per-mit such a merger, may file in the office of the Secretary of State a certificate of such ownership and merger in its name and under its corporate seal, signed by its president or a vice-president, and its secretary or treasurer or assistant secretary or assistant treasurer, and setting forth a copy of the resolution of its board of directors either to merge such other corporation or corpora-tions into it and to assume all of its or their obligations, or to merge itself, or itself and one or more of such other corpora-tions, into one of such other corporations, and the date of the adoption thereof; provided, however, that in case the parent corporation shall not own all the outstanding stock of all the subsidiary corporations, parties to a merger as aforesaid, the resolution of the board of directors of the parent corporation shall state the terms and conditions of the merger, including the securities, cash or other consideration to be issued, paid or de-livered by the surviving corporation upon surrender of each share of the subsidiary corporation or corporations not owned 55 56 Chapter 17 by the parent corporation. If the parent corporation be not the surviving corporation, said resolution shall include provision for the pro rata issuance of stock of the surviving corporation to the holders of the stock of the parent corporation on surrender of the certificates therefor, and said certificate of ownership and merger shall state that the proposed merger has been approved by the holders of a majority of the stock of the parent corpora-tion at a meeting of such stockholders duly called and held after twenty days' notice of the purpose thereof mailed to the last known post office address of each such stockholder. A cer-tified copy of the certificate shall be recorded in the office of the recorder of deeds of any county of this State in which the prin-cipal office of either the parent or a subsidiary corporation is located. If the surviving corporation is organized or exists under the laws of any state or jurisdiction, other than the laws of this State, the provisions of section 252 (d) of this title shall also apply to a merger under this section. (b) Upon the recording of the certificate pursuant to sub-section (a) of this section, all of the estate, property, rights, privileges and franchises of the corporation or corporations which did not survive the merger shall vest in and be held and enjoyed by the surviving corporation as fully and entirely and without change or diminution as the same were before held and enjoyed by the corporation or corporations which did not survive the merger and be managed and controlled by the sur-viving corporation, and except as hereinafter in this section provided, in its name, but subject to all liabilities and obliga-tions of the corporation or corporations which did not survive the merger and the rights of all creditors thereof. The surviving corporation shall not thereby acquire power to engage in any business or to exercise any right, privilege or franchise, of a kind which it could not lawfully engage in or exercise under the provisions of the law by or pursuant to which the surviving corporation is organized. The surviving corporation shall be deemed to have assumed all the liabilities and obligations of the corporation or corporations, which did not survive the merger, and shall be liable in the same manner as if it had itself in-curred such liabilities and obligations. (c) If the surviving corporation is a Delaware corpora-tion, it may relinquish its corporate name and assume in place Chapter 17 57 thereof the name of a corporation which did not survive the merger by the inclusion of a provision to that effect in the resolution of merger adopted by the directors of the parent corporation and set forth in the certificate of ownership and merger, and upon the filing and recording of such certificate the change of name shall be completed, with the same force and effect and subject to the same conditions and consequences as if such change had been accomplished by proceedings under the appropriate section of this chapter. Any plan of consolidation or merger which requires or contemplates any changes other than those herein specifically authorized with respect to the parent corporation, shall be ac-complished under the provisions of sections 251 and 252 of this title. The provisions of section 262 of this title shall not apply to any merger effected under this section, except as provided in paragraph (e) of this section. In the event all of the stock of a subsidiary Delaware Corporation party to a merger effected under this section is not owned by the parent corporation immediately prior to the merger, the surviving corporation shall within 10 days after the date on which the Certificate of Ownership and Merger has been filed and recorded, notify each stockholder of such Delaware Corporation that the Certificate of Ownership and Merger has been filed and recorded and the terms and conditions of the merger. The notice shall be sent by registered mail, return re-ceipt requested, addressed to the stockholder at his last known address as it appears on the books of the corporation. If any such stockholder shall within 20 days after the date of mailing of the notice object in writing to said merger and demand in writing from the surviving corporation, payment for his stock, such surviving corporation shall, within 30 days after the expi-ration of the period of 20 days, pay to him the value of his stock on the date of the recording of the Certificate of Ownership and Merger, exclusive of any element of value arising from the ex-pectation or accomplishment of said merged. If during the period of 30 days provided for herein the surviving corporation and any such objecting stockholder fail to agree as to the value of such stock, any such stockholder or the corporation may file a petition in the Court of Chancery as provided in paragraph (c) 58 Chapter 17 of section 262 of this title and thereupon the parties shall have the rights and duties and follow the procedure set forth in paragraphs (d) to (j), inclusive, of section 262. Approved April 17, 1959. CHAPTER 18 AN ACT TO AMEND TITLE 19, DELAWARE CODE, RELAT-ING TO UNEMPLOYMENT COMPENSATION, BY AU-THORIZING THE BORROWING OF FEDERAL FUNDS UNDER CERTAIN CONDITIONS, BY CHANGING CER-TAIN OF THE PROVISIONS RELATING TO PAYMENT OF BENEFITS, AND BY CHANGING CERTAIN OF THE PROVISIONS RELATING TO VARIABLE CONTRIBU-TION RATES. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 19, Delaware Code, is amended by adding therein a new § 3134, as follows : § 3134. Authority to borrow Federal funds The Commission is hereby authorized to enter into such agreement as may be necessary to secure any advance or grant of funds by the Secretary of the Treasury of the United States in accordance with the authority extended under section 1201 of the Federal Social Security Act as amended, or under any other act of Congress extending such authority. Any amount transferred to the unemployment trust fund by the Secretary of the Treasury of the United States under the terms of any agreement entered into in accordance with the authority extended in this subsection, shall be repaid to the Secretary of the Treasury of the United States from the unem-ployment trust fund. Section 2. § 3349 (a), Title 19, Delaware Code, is amended by adding at the end thereof a new sentence, designated (3), as follows : (3) "Rated Employer" means an employer who has met the requirements of § 3349 (b) of this chapter. 59 Section 3. § 3349 (c), Title 19, Delaware Code, is amended by adding at the end thereof a new sentence, as follows : 60 Chapter 18 Provided, however, that the provisions of this section shall not be applicable in connection with the determination of em-ployer contribution rates applicable to the calendar years 1960 and 1961. Section 4. § 3350, Title 19, Delaware Code, is amended by adding at the end thereof a new paragraph, designated (8) as follows : (8) For the last three calendar quarters of 1959, the four calendar quarters of 1960, and the first calendar quarter of 1961, every rated employer shall pay, in addition to the contribution set for such employer under § 3350 (5) of this subchapter, an additional contribution of one and one-half percent (11/2%) of wages paid by him in each of the aforesaid calendar quarters. Approved April 17, 1959. CHAPTER 19 AN ACT TO AMEND SECTION 223, TITLE 8, DELAWARE CODE, ENTITLED "GENERAL CORPORATION LAW" RELATING TO VACANCIES AND NEWLY CREATED DIRECTORSHIPS. 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. § 223, Title 8, Delaware Code, is hereby amended by striking out the said section and inserting in lieu thereof a new section 223 as follows : § 223. Vacancies and newly created directorships Vacancies and newly created directorships resulting from any increase in the authorized number of directors, may be filled by a majority of the directors then in office, though less than a quorum, unless it is otherwise provided in the certificate of incorporation or by-laws, and the directors so chosen shall hold office until the next annual election and until their successors are duly elected and qualified, unless sooner displaced ; pro-vided, however, that in the case of a corporation the directors of which are divided into classes, the directors so chosen shall hold office until the next annual election of the class for which each such director has been chosen and until his successor is duly elected and qualified, unless sooner displaced, but, if the directors then in office shall constitute less than a majority of the whole board (as constituted immediately prior to any such increase), upon application of any stockholder or stockholders holding at least 10 per cent of the total number of shares of the capital stock of the corporation at the time outstanding having the right to vote for directors, the Court of Chancery may sum-marily order an election to be held to fill any such vacancy or vacancies or newly created directorships, or to replace the direc-tor or directors chosen by the directors then in office as afore-said, which election shall be governed by the provisions of section 224 of this title in so far as such provisions are appli-cable. The person or persons elected pursuant to said order shall serve as a director or as directors until the next annual meeting 61 62 chapter 19 of stockholders and until their successors are duly elected and qualified, and shall displace any person or persons who may theretofore have been appointed by the directors then in office as aforesaid. Approved April 20, 1959. CHAPTER 20 AN ACT MAKING SUPPLEMENTARY APPROPRIATION TO THE STATE TREASURER AND THE STATE TAX DE-PARTMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1959. Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $457,000 is appropriated to the State Treasurer to cover payment of $10,000 of Survivors Pensions, $175,000 to cover Pension Benefits and $272,000 to cover Social Security Contributions for the fiscal year ending June 30, 1959. Section 2. The sum of $26,600 is appropriated to the State Treasurer for expenses to June 30, 1959 as follows : Salaries and Wages of Employees $9,000; Office expense $16,550 and Equipment $1,050. Section 3. The sum of $45,000 is appropriated to the State Tax Department for tax collection operations for the fiscal year ending June 30, 1959. Section 4. These are supplementary appropriations and the funds appropriated shall be paid out of the General Fund of the State of Delaware. Approved April 20, 1959. 63 64 CHAPTER 21 AN ACT AGREEING TO A PROPOSED AMENDMENT TO THE CONSTITUTION OF THE STATE OF DELAWARE RELATING TO THE TIME AND FREQUENCY OF SES-SIONS OF THE GENERAL ASSEMBLY. WHEREAS, an amendment to the Constitution of the State of Delaware was proposed to the 119th General Assembly as follows : AN ACT PROPOSING AN AMENDMENT TO THE CONSTI-TUTION OF THE STATE OF DELAWARE RELATING TO THE TIME AND FREQUENCY OF SESSIONS OF THE GENERAL ASSEMBLY. Be it enacted by the General Assembly of the State of Delaware (two-thirds of the Members elected to each Branch concurring therein): Section 1. Section 4, Article II of the Constitution of the State of Delaware is amended by repealing said section 4 and inserting in lieu thereof a new section as follows : Section 4. The General Assembly shall meet on the first Tuesday of January, nineteen hundred and sixty-one, and on the same day in every second year thereafter, and on the first Tuesday in February, nineteen hundred and sixty-two, and on the same day in every second year thereafter, and at no other time, unless convened by the Governor. When the General Assembly shall be convened by the Governor, the session shall not continue longer than thirty days. The General Assembly may continue its session so long as in its judgment the public interest may require, for a period not longer than ninety legislative days in odd years and thirty legislative days in even years. In any of said thirty legislative day sessions in even years, the General Assembly shall consider no bills other than (1) bills having to do with budgetary, reve-nue and financial matters, (2) legislation dealing with an acute emergency, and (3) legislation in the general public welfare. Chapter 21 65 Section 2. Section 7 of Article II of the Constitution of the State of Delaware is amended by striking out the word "biennial" in the first line of said section and substituting in lieu thereof the word "annual". Section 3. Section 24 of Article II of the Constitution of the State of Delaware is amended by striking out the word "biennial" in the third line of said section and substituting in lieu thereof the words "ninety legislative day", AND WHEREAS, the said proposed amendment was agreed to by two-thirds of all the members elected to each House in the said 119th 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 10, 1959. 66 CHAPTER 22 AN ACT TO AMEND TITLE 30, DELAWARE CODE, ENTIT-LED "STATE TAXES" RELATIVE TO RECEIPTS FOR INCOME TAXES. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 1172, Title 30, Delaware Code, is hereby re-pealed and a new section 1172 enacted in lieu thereof to read as follows: § 1172. Receipts for taxes The Tax Department shall give or send to the taxable or to his authorized agent, making payment in accordance with the provisions of this chapter, a full written or printed receipt ex-pressing the amount paid and the particular account for which such payment was made only when payment is made by cash or upon specific request by the taxpayer when payment is made by check. Approved April 20, 1959. 67 CHAPTER 23 AN ACT TO AMEND TITLE 29, DELAWARE CODE, ENTIT-LED "STATE GOVERNMENT" IN REGARD TO 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 first two sentences thereof and substituting in lieu the following sentences : No person, while receiving a pension under this chapter, shall be employed by the State of Delaware in any capacity ex-cept by gubernatorial appointment, election by popular vote at a regular State election, or employment as a qualified sub-stitute school employee for not more than 60 days each school year within the schools of the State. During any such term by gubernatorial appointment or election, such person so employed shall not be entitled to a pension unless he serves the term of office without pay, but qualified retired school employees so employed for not more than 60 days in a school year shall receive the full amount of pay to which they shall be entitled without any forfeiture or diminution of their penson whatso-ever. Approved April 23, 1959. 68 CHAPTER 24 AN ACT TO AMEND CHAPTER 29, TITLE 21, DELAWARE CODE RELATING TO THE DIRECTOR OF SAFETY RESPONSIBILITY. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 2910, Title 21, Delaware Code is amended by striking out the following words and figures as they appear in second line thereof: "at a salary of $3,600 per year" and by striking out the following words as they appear in the third line thereof: "not to exceed three". Approved April 23, 1959. 69 CHAPTER 25 AN ACT TO AUTHORIZE AND DIRECT THE CHAIRMAN OF THE UNEMPLOYMENT COMPENSATION COMMISSION TO ENTER INTO AN AGREEMENT OR AGREEMENTS WITH THE SECRETARY OF LABOR OF THE UNITED STATES OF AMERICA TO DESIGNATE THE UNEM-PLOYMENT COMPENSATION COMMISSION AS AGENT OF THE UNITED STATES OF AMERICA IN ADMINIS-TERING THE EXTENSION OF THE TEMPORARY UN-EMPLOYMENT COMPENSATION ACT OF 1958 ENACTED BY THE 86TH CONGRESS OF THE UNITED STATES OF AMERICA AND GRANTING THE UNEMPLOYMENT COMPENSATION COMMISSION NECESSARY POWER TO ACT AS SUCH AGENT. WHEREAS, the 86th Congress of the United States of America has enacted legislation entitled the "Extension of the Temporary Unemployment Compensation Act of 1958" (Public Law 86-7---86th Congress) providing for payment of temporary unemployment compensation benefits to unemployed workers who have exhausted their rights to benefits under state unem-ployment compensation laws; and WHEREAS, it is deemed advisable that unemployed Dela-ware workers be permitted to participate in this federal pro-gram ; and WHEREAS, it is necessary for the General Assembly to authorize and direct an officer of the State of Delaware to enter into an agreement or agreements with the Secretary of Labor of the United States of America if such benefits are to be made available to the eligible unemployed Delaware workers; NOW, THEREFORE Be it enacted by the General Assembly of the State of Delaware: Section 1. The Chairman of the Unemployment Compen-sation Commission of the State of Delaware is hereby authorized and directed to enter into an agreement or agreements with the 70 Chapter 25 Secretary of Labor of the United States of America whereby the additional unemployment compensation benefits afforded by the extension of the Temporary Unemployment Compensation Act of 1958 (Public Law 86-7-86th Congress) enacted by the 86th Congress of the United States of America, shall be made avail-able to eligible unemployed Delaware workers and whereby the Unemployment Compensation Commission of the State of Dela-ware shall be designated to serve as agent of the United States of America in the State of Delaware as provided by said Act of Congress. Upon the execution of any such agreement, the Unemployment Compensation Commission of the State of Dela-ware shall have such powers as may be necessary to carry out its duties as such agent. Approved April 23, 1959. 71 CHAPTER 26 AN ACT TO AMEND TITLE 14, SECTION 309, DELAWARE CODE RELATING TO SCHOOL BOARD ELECTIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 309, Title 14, Delaware Code is hereby amended by adding a new subsection after subsection (b) as fol-lows: (c) If, however, but one candidate files for nomination and there is no contest in the District, the annual election as provided for in this chapter need not be held and in lieu thereof The Board of Education at its regularly scheduled meeting fol-lowing the annual election shall declare the nominee duly, elected and issue a certificate of election for the term of office. Approved April 23, 1959. 72 CHAPTER 27 AN ACT TO AMEND CHAPTER 23, TITLE 19, DELAWARE CODE, ENTITLED WORKMEN'S COMPENSATION, BY INCREASING THE COMPENSATION FOR TOTAL DIS-ABILITY. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 2324, Title 19, Delaware Code is hereby amended by repealing said Section 2324 and by substituting and enacting in lieu thereof a new Section 2324 as follows : § 2324. For injuries resulting in total disability, the corn-pensation to be paid during the continuance of total disability shall be 66 2/3 per cent of the wages of the injured employee, as defined by this chapter, but the compensation shall not be more than $50 per week nor less than $25 per week. If at the time of injury the employee receives wages of less than $25 per week, then he shall receive the full amount of such wages per week as compensation. Nothing in this section shall require the payment of compensation after disability ceases. Approved April 23, 1959. 73 CHAPTER 28 AN ACT TO AMEND THE CHARTER OF THE CITY OF REHOBOTH BEACH AS ESTABLISHED BY CHAPTER 161, VOLUME 41, LAWS OF DELAWARE, AS AMENDED, BY INCREASING THE AMOUNT OF TAXES THAT MAY BE RAISED FOR MUNICIPAL PURPOSES. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House concurring therein): Section 1. That Section 1 of Chapter 221, Volume 51, Laws of Delaware, being an Act amendatory of Chapter 161, Volume 41, Laws of Delaware, establishing the charter for the City of Rehoboth Beach is amended by striking out the words and figures "one hundred and seventy-five thousand dollars ($175,000) for the fiscal year ending June 30, 1958, and two hundred thousand dollars ($200,000) for each and every year thereafter" and substituting in lieu thereof the following: Two hundred thousand dollars ($200,000) for the fiscal year ending June 30, 1959 and two hundred twenty-five thou-sand dollars ($225,000) for each and every fiscal year there-after. Approved May 4, 1959. 74 CHAPTER 29 AN ACT TO AMEND THE CHARTER OF THE CITY OF DAGSBORO, CHAPTER 161, VOLUME 43, LAWS OF DELAWARE, BY AUTHORIZING THE COUNCIL TO EXTEND THE BOUNDARIES OF SAID CITY TO IN-CLUDE CERTAIN TERRITORIES AFTER A SPECIAL ELECTION. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each Branch thereof concurring therein): Section 1. Chapter 161, Volume 43, Laws of Delaware is amended by adding a new Section to be known as Section 1A as follows : Section 1A. The Town of Dagsboro is hereby empowered, subject to a special election, to extend its boundaries to include the following described territory: Beginning at a cement or stone marker at the intersection of the East side Waples Street and a ditch thence north forty-four West (N 44° W) five hundred fifteen (515) feet by the eleventh line of the corporation limits extended in a northerly direction to a concrete marker on the northwesterly side of the Piney Neck County Road known as No. 336A thence north eighty-four degrees forty-five minutes East (N 84° 45' E) one hundred eighty-eight (188) feet to a concrete marker on the northwest side of said road and the east side of Waples Street thence south twenty-six and three-quarters East (S 268/4° E) four hundred twenty-one (421) feet to the point and place of beginning. Section 2. The Council of The City of Dagsboro shall adopt a resolution which shall propose the inclusion of the above de-scribed territory within the limits of the Town of Dagsboro and call for a special election to be held in said territory in accord-ance with Section 101, Title 22, Delaware Code. Said resolution shall specify the date of such election and shall be published in a newspaper of general circulation in the Town of Dagsboro at least two weeks prior to the day of the such election. Chapter 29 75 The special election shall be conducted by the election officers of the district embracing the territory to be included. The ballots shall briefly describe the territory to be included and shall pro-vide two boxes on which appear, on one box, the words "For inclusion within the Town Limits of Dagsboro" and on the other box "Against inclusion within the Town Limits of Dags-boro". If a majority of the votes cast in an election held in a ter-ritory proposed to be annexed shall be against the inclusion Of that territory within the limits of The Town of Dagsboro, the proposed annexation of said territory shall be declared to have failed. The Council may thereafter resubmit a proposal of annexation to the voters of said territory under the authority of this Section and in accordance with the provisions hereof, provided that no such special election shall be held in any terri-tory within two years of the day of a special election in said territory in which a proposed annexation has failed. Approved May 4, 1959. 76 CHAPTER 30 AN ACT TO AMEND CHAPTER 81, TITLE 9, DELAWARE CODE RELATING TO THE EXEMPTION OF THE MANOR COMMUNITY CENTER, INC., FROM TAXATION UPON ITS 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 thereto the following: "Manor Community Center, Inc." Approved May 5, 1959. CHAPTER 31 AN ACT TO AMEND CHAPTER 81, TITLE 9, DELAWARE CODE RELATING TO THE LIMITATIONS UPON TAXING POWER, BY EXEMPTING LANDS AND IMPROVEMENTS OF THE COLLINS PARS COMMUNTY AND CIVIC ASSO-CIATION, INC., FROM ASSESSMENT AND TAXATION. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 8105, Title 9, Delaware Code is amended by inserting at the end of the list of names of organizations that are exempt from real property taxation a new organization known as, "Collins Park Community and Civic Association, Inc." Approved May 5, 1959. 77 78 CHAPTER 32 AN ACT TO AMEND TITLE 15, SECTION 307 DELAWARE CODE BY PROVIDING THAT THE NAMES OF REGIS-TERED VOTERS WHO HAVE NOT VOTED FOR TWO CONSECUTIVE GENERAL ELECTIONS SHALL BE STRICKEN DURING A YEAR OTHER THAN A GENERAL ELECTION YEAR. Be it enacted by the General Assembly of the State of Delaware: Section /. Title 15, Section 307 Delaware Code is amended by striking out the words "beginning with the year 1960 and before the first registration day in each general election year" in the first line thereof and inserting in lieu thereof: "beginning with the year 1959, and before the 31st day of December in each year hi which a general election is not he/d". Section 2. Title 15, Section 1704 Delaware Code is amended by striking out the words "each department in each year in which a general election is held, prior to the first registration day in that year" in the first line thereof and inserting in lieu thereof: "each department, upon receiving a list specified in Section 307 of this title". ApproN7ed May 5, 1959. 79 CHAPTER 33 AN ACT TO AMEND CHAPTER 3, SUBCHAPTER XVI, TITLE 11, DELAWARE CODE RELATING TO DEADLY WEAPONS AND FIREARMS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 464, Title 11, Delaware Code is hereby amended by adding the following paragraphs thereto to read as follows : § 464. (c) Whoever shall sell or give to a child under 16 years of age any firearm or what is commonly known as a B. B. or air rifle or B. B. shot, shall be fined in such amount as the court, in its discretion, may determine. No child under 16 years of age shall have possession of any firearm or what is commonly known as a B. B. or air rifle or the shot therefor unless under the direct supervision of a full adult. The parents or the legal guardian of a child vio-lating the provisions of this sub-section (d) shall be fined an amount not to exceed twenty-five dollars ($25) and shall be held financially liable for any property damage or physical injury that occurs as the result of such violation. Sub-section (c) and (d) above shall apply only to New Castle County. Approved May 5, 1959. 80 CHAPTER 34 AN ACT TO AMEND CHAPTER 277, VOLUME 49, LAWS OF DELAWARE, ENTITLED "AN ACT TO RE-INCORPOR-ATE THE TOWN OF LAUREL" BY INCREASING THE DEBT LIMIT OF SAID TOWN. WHEREAS in the last paragraph of Section 15, Chapter 277, Volume 49, Laws of Delaware, being the Charter of the Town of Laurel, the indebtedness of said Town, for any and all purposes, at any one time may not exceed, in the aggregate, fifteen percentum of the assessed value of all real property situated within the limits of the Town, and subject to assessment for the pui-pose of annual taxation; and WHEREAS, it has become necessary for the health and safety of the Town of Laurel to provide for a sewage disposal plant and sewer extensions under the direction of the Water Pollution Commission of the State of Delaware, and for that purpose, to borrow money and issue bonds to secure the due payment thereof in an amount which will cause the said debt limitation to be exceeded and to require the said debt limit to be twenty-five per centum of the assessed value of all real prop-erty situated within the limits of the Town and subject to assess-ment for the purposes of annual taxation ; NOW THEREFORE Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House concurring therein): Section 1. The last paragraph of Section 15, Chapter 277, Volume 49, Laws of Delaware is hereby amended by striking out the word "fifteen" as it appears therein and by substituting and inserting in lieu thereof the word "twenty-five". Approved May 5, 1959. CHAPTER 35 AN ACT MAKING A DEFICIENCY APPROPRIATION TO THE STATE TREASURER FOR THE PURPOSE OF MAKING REFUNDS OF LICENSE FEES RELATING TO ELECTRI-CAL CONTRACTORS. Be it enacted by the General Assembly of the State of Delaware: Section 1. The State Treasurer of the State of Delaware is directed and authorized to make refunds of license fees paid to the State of Delaware in accordance with Chapter 266, Vol-ume 51, Laws of Delaware, being a chapter relating to electrical contractors. 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 14, 1959. 81 82 CHAPTER 36 AN ACT TO AMEND TITLE 15, SECTION 1106 DELAWARE CODE BY PROVIDING THAT PUBLIC NOTICE OF REG-ISTRATION OF VOTERS NEED BE GIVEN FOR THE FIRST DAY OF REGISTRATION ONLY. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 15, Section 1106 Delaware Code is amended by deleting the words "each day" as they presently appear in the first line of said Section, and by inserting in lieu thereof the words "the first day in each election year". Approved May 14, 1959. CHAPTER 37 AN ACT TO AMEND SECTION 1704, TITLE 15, DELAWARE CODE, TO PERMIT THE USE OF CERTIFIED MAIL IN NOTIFYING VOTERS THAT THEIR NAMES MAY BE REMOVED FROM THE ROLLS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 1704, Title 15, Delaware Code is amend-ed by inserting the words "or certified" immediately after the word "registered" as that word appears in the fourth line of the second paragraph of section 1704. Approved May 14, 1959. 83 tr 84 CHAPTER 38 AN ACT TO AMEND SUBCHAPTER V, ENTITLED "CON-TROLLED- ACCESS HIGHWAYS" OF CHAPTER 1, TITLE 17, OF THE DELAWARE CODE, TO PROHIBIT THE CONSTRUCTION AND LOCATION OF COMMERCIAL ESTABLISHMENTS FOR SERVING MOTOR VEHICLE USERS ALONG CONTROLLED-ACCESS FACILITIES ON PUBLIC OWNED LANDS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Subchapter V of Chapter 1, Title 17, of the Dela-ware Code is amended by inserting a new Section 181 as fol-lows: § 181. Certain Commercial Establishment Prohibited No automotive service station or other commercial estab-lishment for serving motor vehicle users, except telephone facil-ities, shall be constructed or located within the right-of-way of, or on publicly owned or publicly leased land acquired or used for, or in connection with, a controlled-access facility. Approved May 14, 1959. CHAPTER 39 AN ACT TO AMEND CHAPTER 13, TITLE 10, DELAWARE CODE RELATING TO THE COURT OF COMMON PLEAS FOR NEW CASTLE COUNTY. Be it enacted by the General Assembly of the State of Delaware: Section 1. That Title 10, Delaware Code § 1302 is hereby amended to provide that the terms of the present Judges of the Court of Common Pleas for New Castle County are extended for a period of twelve years from the date of the passage of this Act and thereafter each of their successors shall be appointed for a term of twelve years. Approved May 14, 1959. 85 86 CHAPTER 40 AN ACT TO AMEND SECTION 4503(L), TITLE 21, DELA-WARE CODE RELATING TO WEIGHTS OF VEHICLES AND LOADS. Be it enacted by the 120th General Assembly of the State of Delaware: Section 1. Section 4503(L), Title 21, Delaware Code is amended by striking in the Table for Maximum Gross Weights all after and including: "27 Feet 50,090" and inserting: "27 feet or more 60,000". Approved May 14, 1959. CHAPTER 41 AN ACT TO AMEND SECTION 2128, TITLE 21, DELAWARE CODE RELATING TO THE STATUS OF PLATES UPON A TRANSFER OF TITLE TO A MOTOR VEHICLE. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 2128, Title 21, Delaware Code is amended by striking that section and inserting the following: Upon the transfer of a vehicle or upon the expiration of registration for any other cause, the numbered plate assigned to a vehicle shall be retained by the transferor or owner at the time of transfer or expiration of registration. The transferor or owner upon the transfer or upon expiration of registration for any other cause may have such numbered plate transferred to another vehicle owned by him upon application in writing to the Department. If the transferor or owner does not apply for a transfer of such numbered plate to a vehicle owned by him within a sixty day period after transfer or upon expiration of registration, the numbered plate shall revert to the Department. The transferee-purchaser shall apply for registration of the vehicle purchased to the Department pursuant to Section 2104 of this Title and the Department upon such application shall furnish him with a new numbered plate pursuant to Section 2128 of this Title. Approved May 15, 1959. 87 88 CHAPTER 42 AN ACT TO AMEND TITLE 9, DELAWARE CODE PROVID-ING FOR THE ESTABLISHMENT OF PARK DISTRICTS FOR THE DEVELOPING, EQUIPPING, IMPROVING AND MAINTAINING OF PARKS AND OTHER RECREATION-AL FACILITIES AND ACTIVITIES; AND TO CARRY ON RECREATIONAL PROGRAMS; AUTHORIZING AND REGULATING THE ISSUING OF DISTRICT BONDS TO FINANCE SUCH PROJECTS AND PROVIDING FOR THE PAYMENT OF SUCH BONDS AND THE RIGHTS OF THE HOLDERS THEREOF. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 9, Delaware Code is amended by inserting after Chapter 6 thereof a new chapter designated Chapter 7, as follows: CHAPTER 7, PARK DISTRICTS SUBCHAPTER I, GENERAL PROVISIONS Purpose The purpose of this chapter is to provide a procedure where-by any territory so lying as to form one connected area (no por-tion of which shall be already included in an incorporated park district established under the provisions of this chapter) may be incorporated as a park district to establish and maintain parks and other recreational facilities and pay for the same through district bonds the interest and principal of such bonds to be collected by taxation of the district benefited. The provisions of this chapter shall apply only to that portion of New Castle County which is north of the Delaware and Chesapeake Canal, and shall not apply to the remainder of the State of Delaware. Definitions As used in this chapter "Clerk of the Levy Court" means Clerk of the Peace of the county in which the park district, or the greater portion thereof, is located. Chapter 42 89 "Commission" means the Park Commission of a Park Dis-trict established by an election under the provisions of this chapter. "Legal Voter" means every citizen resident in a proposed or existing park district, who would be entitled at the time of holding an election hereunder to register and vote in any elec-tion district of which a proposed or existing park district is a part at a general election, if such general election were to be held at the time of any election under this chapter whether or not he is at that time a registered voter. "Levy Court" means the Levy Court of the county in which the park district, or the greater portion thereof is situated. "Park or recreation area" means any area of real estate located within the park district suitable for the promotion of the health and recreation of the residents of the park district. § 703. Tax exemption of parks and recreation areas All land and property which shall be held, laid out and used for any park or recreation area or which shall be purchased or acquired for such use or purpose under the provisions of this chapter shall be forever free from State, County and Municipal taxation so long as used for such purposes. SUBCHAPTER II, ORGANIZATION; ELECTIONS Petition to Form District In organizing any park district under this chapter not less than one hundred (100) legal voters resident within the limits of such proposed park district may petition the Levy Court of the county in which such territory lies, to cause the question to be submitted to the legal voters of such proposed park district whether they will organize as a park district. Such petition shall clearly describe the territory intended to be embraced in such district and the name of such proposed district. Filing of Petition Such organization petition should be filed in the office of the Levy Court of the county in which such proposed district is situated. 90 Chapter 42 Calling ElectionAppointment of Election Officials Upon the filing of such organization petition said Levy Court shall order an election to be held in such proposed dis-trict, and in such order fix the time, not less than 30 days nor more than 60 days after the date of filing of the petition at which an election may be held to determine such question and to elect seven commissioners as hereinafter provided. The Levy Court shall fix as many polling Oates within the boundaries of such proposed district as would be provided in a primary elec-tion and shall name the persons to act as judges and clerks at such election. Thereupon the Clerk of the Levy Court shall give 20 days' notice of said election by publishing one notice of the same in at least one newspaper, if any be published in said proposed district, or if none be published in said proposed district, then in one or more newspapers of general circula-tion in the proposed district, or if there be no newspaper of general circulation in said proposed district, then by causing said notice to be posted in 5 public places within such proposed district. Form of Ballot The question for establishment of a park district and for election of park commissioners shall be presented in the follow-ing form : The question shall be stated as follows : (Insert name of district) Park District In accordance with the provisions of Chapter 7, Title 9, of the Delaware Code a petition has been filed to submit to the voters of the proposed (Insert name of district) Park District the following question, "Shall the (Insert name of district) Park District be es-tablished?" For Against Chapter 42 91 The park commissioners shall be voted upon as follows : If the territory of the proposed park district includes no more than one Hundred or more than seven Hundreds then all com-missioners shall be voted upon at large and the seven candidates with the greatest number of votes shall be declared elected. If the proposed park district includes part or all of the territory of two Hundreds but no more than two, then three of the commissioners shall be elected from among nominess from each Hundred and one shall be elected from among nominees for commissioner at large. If the proposed Park District includes territory of three Hundreds then two commissioners shall be elected from each Hundred and one at large. If the District includes territory of four, five, six, or seven Hundreds, then one commissioner shall be elected from each Hundred and the remainder if any, three, two, one, or none respectively shall be elected at large. All voters may vote for seven candidates, whether or not the voter is a resident of the Hundred or Hundreds from which. the candidates have been nominated but a voter may vote for only as many candidates from each Hundred or at large as there are Commissioners to be elected from each Hundred or at large. Where one, two, or three commissioners are to be elected from nominees from a particular Hundred or at large then the person or two or three persons respectively with the highest number of votes from among the nominees from that Hundred or at large shall be declared elected. The voting for commissioners shall be set up about as follows : For Park Commissioner (s) From (Insert Name) Hundred Vote for (Insert number) Here insert names of nominees if any, in the order in which the nominating petitions are received. No party symbols, slogans or other identification may be used.) (Provide five additional blank lines for voters to write in names if desired.) 92 Chapter 42 For Park Commissioner (s) At-Large Vote for (Insert number) (Here insert names of nominees, if any, in the order in which the nominating petitions are receiv-ed. No party symbols, slogans, or other identifica-tion may be used.) (Provide five additional blank lines for voters to write in names if desired.) Said ballot shall be authenticated by facsimile signature of the clerk of said Levy Court upon the reverse side thereof. Canvass of Returns The judges at such organization election shall make return thereof to the said Levy Court. The said Levy Court shall can-vass such returns and shall enter a resolution upon the records of the Levy Court determining and declaring the results of the election. When District Organized In case a majority of the votes cast upon the question so submitted shall be in favor of the establishment of such district, said district shall then be deemed organized. First Election Nominations Candidates for park commissioner elected at the election to determine whether or not a Park District shall be formed shall be nominated in the same manner and form as prescribed in Section 718 hereof with the following exceptions: (1) The nominating petition shall be filed with the Clerk of the Levy Court; (2) Signatures of 200 legal voters upon said nominating petition shall be sufficient; (3) Said nominating petition shall be filed not less than fifteen (15) days prior to the date of said election. Fixing Ternts of Commissioners Except as otherwise provided herein, within thirty (30) days after declaration of the result of the election to organize a district, the seven persons elected as commissioners shall meet Chapter 42 93 and decide by lot, the term for which each shall hold office. Three shall serve for six years ; two shall serve for four years ; and two shall serve for two years, respectively, from the date in the next even year an election would otherwise be held, as specified in Section 719 or until their successors shall be duly elected and qualified. It is the purpose of this section that the first members of such board shall serve until the date an election would otherwise be held in the next even year, in addi-tion to their six, four and two-year terms. § 718. Succeeding ElectionsNominationsBallot Nominations of candidates for the office of park commis-sioners in any Park District at all succeeding elections shall be made by petition signed in the aggregate for each candidate by legal voters of such districts, equal in number to not less than one per cent of the number who voted at the last preceding election for commissioners in such district, but in no case by less than twenty-five of such voters. Such petition shall be filed with the secretary of such district not less than thirty days nor more than sixty days before the date fixed for the election of such candidate. No statement of candidacy shall be required. The petition shall state whether the nomination is for a com-missioner- at-large or a commissioner from a particular Hun-dred. Such petition shall consist of sheets of uniform size and heading. Such petitions shall be signed by legal voters of the district only, and opposite the signature of each signer, his or her residence address shall be written. At the bottom of each sheet shall be added a statement, signed by an adult resident of the park district stating his residence address, certifying on oath or affirmation that the signatures on that sheet of said petition were signed in his presence and are genuine, and that to the best of his knowledge and belief the persons so signing were qualified to do so. Such sheets, before being filed, shall be fastened together at the upper edge, and numbered consecutively. Any candidate may withdraw by filing with the secretary of such district a notice of withdrawal not later than the last day upon which petitions for nominations may be filed. 94 Chapter 42 In all Park Districts the secretary of such district, shall, within five days after the expiration of the time for filing the nominating petitions of the candidates, certify to the board of such district the name or names of the candidate or candidates so nominated. Such certification shall contain the order of the time in which such petitions were filed with him, which shall be the order in which the names of candidates shall appear upon the ballot for election; the park commissioners shall cause the ballots to be printed and furnished for such election, and the authenticity of ballots shall be certified by the facsimile signature of the secretary printed thereon. Names of such candidates shall be printed upon the elec-tion ballot in capital letters not less than one-eighth nor more than one-fourth of an inch in height; and at the beginning of each line in which a name of a candidate is printed a square shall be printed, the sides of which shall not be less than one-fourth of an inch in length, and immediately above the names suitable words printed designating the number of candidates to be voted for such office. Such ballot shall be printed upon plain, substantial white paper but shall have no political party name, platform or principle thereon designated, nor shall any circle be printed upon the ballot. § 719. TermsElection DateNotice of Election The commissioners shall be elected for six-year terms in all districts now or hereafter organized with the exception pro-vided in Section 717 as to those first elected. In all Park Districts commissioners shall be elected bien-nially in even years to take the place of those whose terms expires. Such elections shall take place on the first Tuesday in November of even years. Commissioners shall serve until their successors are elected and qualified. Notice of the time and place or places of holding such elections shall be given by the commissioners of such park district by publishing the same once in one or more newspapers, if there be any published in the district, at least ten days prior to the election ; if none be published in said district, then in one Chapter 42 95 or more newspapers of general circulation in the district; if there be no newspaper of general circulation in the district, then by causing said notice to be posted in five (5) public places within the district. Conduct of Elections The Park Board shall conduct the election, establish pre-cincts and polling places therein, and appoint the judges and clerks of election and fix their compensation; provided that if any other election, is held at the same time, the Park Board may appoint the same judges and clerks of election as are appointed for such other election, and such judges and clerks of election shall also be paid for their services by such district in such amount as the Board shall determine. Separate ballot boxes shall be used to receive the ballots cast for Park Commissioners, and separate returns of the votes cast with such ballots shall be made to the board of commissioners and said board shall within five days after such election, canvass said returns and declare the result of said election and enter a record of such canvass and declaration upon its records. VacanciesMethod of Filling Whenever any member of the governing board of any park district shall (1) die, (2) resign, (3) become insane, (4) cease to be a legal voter in said district, (5) be convicted of any infamous crime, (6) refuse or neglect to take his oath of office, or (7) neglect to attend the duties of his office or attend meetings of the board for such length of time as such board shall by ordinance fix, said office may be declared vacant. Vacancies shall be declared, and may be filled by appointment, by a majority of the remaining members of the board, and any person so appointed shall hold his office until the next regular election for members of the board when a successor for the unexpired term shall be elected. SUBCHAPTER III, OFFICERS: ELECTIONS: POWERS AND DUTIES § 740. Governing BoardOath Each member of the governing board of any park district before entering upon the duties of his office shall take and sub- 96 Chapter 42 scribe an oath to well and faithfully discnarge his duties, which oah shall be filed with the secretary of said board. The members of such governing board shall constitute the corporate authority for such district and a majority of such members shall consti-tute a quorum for said board and any meeting thereof. The members of such governing board shall act as such without compensation, and each member of the board shall be a legal voter of and reside within such district. Interest in Contracts No such member shall be directly or indirectly in any way pecuniarily interested in any contract or work of any kind, whatever, connected with his park district. Records and Ordinances Governing boards of all park districts shall keep a regular book of records of all ordinances or other proceedings of said board which records shall be open to public inspection at all reasonable and proper times. Proof of Ordinances All ordinances, orders and resolutions of the governing board of any park district and the date of the publication thereof may be proved by the certificate of its secretary under the seal of the district; when printed in book or pamphlet form purport-ing to be published by the governing board such book or pamph-let shall be received as evidence of the passage and legal publi-cation of such ordinances, orders, and resolutions as of the dates mentioned in such publication in all courts or places without further proof. Appropriation Ordinances The Board of each park district shall, within the last quar-ter of each fiscal year, but not later than the last Tuesday in April, pass an ordinance in which the Board may appropriate such sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such district for the suc-ceeding fiscal year and in such ordinance shall specify the objects and purposes for which such appropriations are made, and the Chapter 42 97 amount appropriated to each. After the first six months of any fiscal year have elapsed the board may by two-thirds vote transfer from any appropriation item its anticipated unexpended funds to any other item of appropriation theretofore made, and the item to which said transfer is made may be increased to the extent of the amount so transferred. Publication of Appropriation Ordinance All ordinances of any park district making appropriations shall within ten (10) days after their passage, be published at least once in one or more newspapers published in the park dis-trict, or if no newspaper is published therein, then in one or more newspapers of general circulation within the Park Dis-trict; and no such ordinance shall take effect until ten (10) days after it is so published. Creation of Debt No member of the board of any park district, nor any per-son, whether in the employ of said board or otherwise, shall have power to create any debt, obligation, claim or liability, for or on account of said park district, or the monies or property of the same, except with the express authority of said Board conferred at a meeting thereof and duly recorded in a record of its pro-ceedings. Employees The Board of any park district may employ such engineers, attorneys, clerks and other employees as may be required, and may define and prescribe their respective duties and compensa-tion. The members of the Board and all officers appointed by them shall be conservators of the peace within and upon such parks, boulevards, driveways, and property controlled by such park district, and shall have power to make arrests on view of the offense, or upon warrants for violation of any of the penal ordinances of such park districts, or for any breach of the peace, in the same manner as the police in cities organized and existing under the general laws of the state. Duties and Election of Officers The Board of each park district shall elect from their num-ber a president and a vice-president, who shall hold their re-spective offices for one year, or until their successors shall be elected. The Board shall prescribe their powers and duties not inconsistent with the provisions of this Code. The Board shall also appoint a secretary and a treasurer, prescribe their duties, and term of office and require such bonds as the Board deems neces |
| Date Digital | 2010 |
| CONTENTdm file name | 3057.cpd |
Description
| Title | Laws of the State of Delaware - Volume 52 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTIETH SESSION OF THE GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER On Tuesday, January 6, A. D. 1959 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA, THE ONE HUNDRED AND EIGHTY- THIRD VOLUME LII Printed by Milford Chronicle Publishing Company Milford, Delaware |
| CONTENTdm file name | 38290.pdfpage |
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