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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- THIRD
1 GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 5, A. D.
1965
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, February 1, A. D.
1966
VOLUME LV
Printed by
Milford Chronicle Publishing Company
Milford, Delaware
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 55 - Part 1 |
| Description | Laws of the State of Delaware |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | Milford Chronicle Publishing Company |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY-THIRD 1 GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 5, A. D. 1965 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, February 1, A. D. 1966 VOLUME LV Printed by Milford Chronicle Publishing Company Milford, Delaware LAWS OF DELAWARE CHAPTER 1 AN ACT AGREEING TO A PROPOSED AMENDMENT TO ARTICLE 2, SECTION 15, OF THE CONSTITUTION OF THE STATE OF DELAWARE, RELATING TO COMPEN-SATION, EXPENSES, AND ALLOWANCES OF MEM-BERS OF THE GENERAL ASSEMBLY AND THE PRES-IDENT OF THE SENATE. WHEREAS, an amendment to the Constitution of the State of Delaware was proposed to the 122nd General Assembly as follows: "AN ACT PROPOSING AN AMENDMENT TO ARTICLE 2, SECTION 15, OF THE CONSTITUTION OF THE STATE OF DELAWARE, RELATING TO COMPENSATION, EX-PENSES, AND ALLOWANCES OF MEMBERS OF THE GENERAL ASSEMBLY AND THE PRESIDENT OF THE SENATE. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House thereof concurring therein): Section 1. Section 15, Article 2, of the Constitution of the State of Delaware, is amended by striking the first para-graph thereof and inserting in lieu thereof a new paragraph to read: The President of the Senate and the members of the Gen-eral Assembly shall receive an annual salary of Four Thousand Five Hundred Dollars ($4,500), payable quarterly. The mem-bers shall receive no other compensation for services as such members but shall be entitled to the usual expenses of trans-portation and the stationery allowance as provided by the Con-stitution and Laws of the State."; AND 3 4 Chapter 1 WHEREAS, the said proposed amendment was agreed to by two-thirds of all the Members elected to each House in the said 122nd 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 6, 1965. CHAPTER 2 AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO RE-INCORPORATE THE TOWN OF MILLSBORO" BEING CHAPTER 203, VOLUME 25, LAWS OF DELAWARE, AS AMENDED BY CHAPTER 48, VOLUME 52, LAWS OF DELAWARE, PERMITTING ANNEXATION OF ADDI-TIONAL TERRITORY. 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. Chapter 203, Volume 25, Laws of Delaware, as amended by Chapter 48, Volume 52, Laws of Delaware, is here-by further amended by adding a new Section at the end thereof to be designated Section 3 (A). Section 3 (A). In the event that it becomes feasible or necessary in the future for the Commissioners of Millsboro to enlarge its then existing limits and territory, such annexation accomplished in accordance with the following procedures shall be lawful: (a) If five (5) or more property owners resident in a territory contiguous to the then limits and territory of the Town of Millsboro, by written petition with the signature of each such petitioner duly acknowledged, shall request the Com-missioners of Millsboro to annex that certain territory in which they reside and own property, the President of the Commis-sioners of Millsboro shall appoint a committee composed of not less than three (3) of the elected members of the Commission-ers of Millsboro to investigate the possibility of annexation. The petition presented to the Commissioners of Millsboro shall include a description of the territory requested to be annexed and the reasons for the requested annexation; or, the Commis-sioners of Millsboro, by a majority vote of the elected members thereof, may, by resolution, propose that a committee, com-posed of not less than three (3) of the elected members of said Commissioners of Millsboro, be appointed by the President to 5 6 Chapter 2 investigate the possibility of annexing any certain territory contiguous to the then limits and territory of the Town of Millsboro. (b) Not later than ninety (90) days following its appoint-ment by the President of the Commissioners of Millsboro, as aforesaid, the committee shall submit a written report contain-ing its findings and conclusions to the Commissioners of Mills-boro. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to the Town and to the territory proposed to be annexed and shall contain the committee's recommendations whether or not to proceed with the proposed annexations and the reasons therefor. In the event that the committee appointed by the President of the Commissioners of Millsboro concludes that the proposed annex-ation is advantageous both to the City and to the territory proposed to be annexed, within thirty (30) days after receiving the report, a second resolution shall then be passed by the Com-missioners of Millsboro proposing to the property owners and residents of both the Town of Millsboro and the territory pro-posed to be annexed that the Commissioners of Millsboro proposes to annex certain territory contiguous to its then limits and territory. In the event that the committee appointed by the President of the Commissioners of Millsboro concludes that the proposed annexation is disadvantageous either to the Commissioners of Millsboro or to the territory proposed to be annexed, within thirty (30) days after receiving the report of the committee, the resolution proposing to the property owners and residents of both the Town of Millsboro and the territory proposed to be annexed shall be passed by the affirmative vote of two-thirds of the elected members of the Commissioners of Millsboro. If the resolution shall fail to receive the affirmative vote of two-thirds of the elected members of the Commissioners of Millsboro, the territory proposed to be annexed shall not again be considered for annexation for a period of one year from the date that the resolution failed to receive the required affirmative vote. The second resolution shall contain a descrip-tion of the territory proposed to be annexed and shall fix a time and place for a public hearing on the subject of the pro-posed annexation. The resolution adopted by the Commissioners of Millsboro setting forth the above information shall be printed Chapter 2 7 in a newspaper having a general circulation both in the Town of Millsboro and in the territory proposed to be annexed, or, at the discretion of the Commissioners of Millsboro the said reso-lution shall be posted in five (5) public places both in the Town of Millsboro and in the territory proposed to be annexed. Following the public hearing, but in no event later than thirty (30) days thereafter, a resolution shall then be passed by a majority of the Commissioners of Millsboro order-ing a Special Election to be held not less than thirty (30) days nor more than sixty (60) days after the said public hearing on the subject of the proposed annexation. The passage of this resolution shall ipso facto be considered the determination of the Commissioners of Millsboro to proceed with the matter of the proposed annexation. The notice of the time and place of holding the said Special Election shall be printed within thirty (30) days im-mediately preceding the date of the Special Election in at least two (2) issues of a newspaper having a general circulation both in the Town of Millsboro and in the territory proposed to be annexed, or, in the discretion of the Commissioners of Mills-boro the said notice may be posted in five (5) public places both in the Town of Millsboro and in the territory proposed to be annexed, at least fifteen, (15) days prior to the date of the Special Election. At the Special Election, every property owner whether an individual, a partnership, or a corporation, both in the Town of Millsboro and in the territory proposed to be annexed, shall have one (1) vote for each One Hundred Dollars ($100.00) of assessment as shown by the books of the Town of Millsboro in the case of Town property owners and by the records of the Board of Assessment of Sussex County in the case of property owners in the territory proposed to be annexed. Every citizen of either the Town of Millsboro or of the territory proposed to be annexed who is not a property owner shall have one (1) vote. In the case of property owned by a husband and wife jointly, the husband and wife shall each have one (1) vote for each Two Hundred Dollars ($200.00) of assessment. In the event that a person owns property both in the Town of Millsboro and in the 8 Chapter 2 territory proposed to be annexed and resides in either place, he may vote only where he resides. In the event that a person owns property both in the Town of Millsboro and in the terri-tory proposed to be annexed but does not reside in either place, he may vote only in the Town and not in the territory proposed to be annexed. In the event that an individual holds a power of attorney duly executed and acknowledged and specifically au-thorizing the said individual to vote at the said Special Election, a duly authenticated copy of the power of attorney shall be filed in the office of the Commissioners of Millsboro. Said Power of Attorney as so filed shall constitute conclusive evidence of the right of said individual to vote in the Special Election. The Commissioners of Millsboro shall cause to be prepared, printed and have available a sufficient number of ballots not less than five (5) days prior to the date of the Special Election. The form of the ballot shall be as follows: This ballot casts votes. El For the proposed annexation. El Against the proposed annexation. (check one) The President of the Commissioners of Millsboro shall appoint three (3) persons to act as a Board of Special Election, at least one of whom must reside and own property in the Town of Millsboro, and at least one of whom must reside and own property in the territory proposed to be annexed or be a repre-sentative of an individual, partnership or corporation which owns property in the territory proposed to be annexed. One of the said persons so appointed shall be designated the Presiding Officer. Voting shall be conducted in the office of the Commis-sioners of Millsboro and the Board of Election shall have avail-able, clearly marked two (2) ballot boxes. All ballots cast by those persons, partnerships or corporations authorized to vote as residents or property owners in the territory proposed to be annexed shall be deposited in one such ballot box, and all ballots cast by those persons, partnerships or corporations who are authorized to vote as residents or property owners of the Town of Millsboro shall be deposited in the other such ballot box. The Chapter 2 9 polling places shall be opened from 12:00 o'clock noon prevailing time until 7:00 o'clock P. M., prevailing time, on the date set for the special Election. Immediately upon the closing of the polling place, the Board of Election shall count the ballots for and against the proposed annexation and shall announce the result thereof; the Board of Election shall make a certificate under their hands of the number of votes cast for and against the proposed annex-ation, and the number of void votes, and shall deliver the same to the Commissioners of Millsboro. The said certificate shall be filed with the papers of the Commissioners of Millsboro. In order for the territory proposed to be annexed to be considered annexed, a majority of the votes cast both from the Town of Millsboro and from the territory proposed to be annexed must have been cast in favor of the proposed annexa-tion. In the event that Special Election results in an unfavor-able vote for annexation, no part of the territory considered at the Special Election for annexation shall again be considered for annexation for at least a period of one (1) year from the date of the Special Election. If a favorable vote for annexation shall have been cast, the Commissioners of Millsboro shall cause a description and a plot of the territory so annexed to be re-corded in the office of the Recorder of Deeds for Sussex County in Georgetown, Delaware, but in no event shall such recording be completed more than ninety (90) days following the favor-able referendum. The territory considered for annexation shall be considered to be a part of the Town of Millsboro from the time of recording. Approved January 29, 1965. Be it enacted by the Senate and the Hbv,se of Representa-tives of the State of Delaware in General Assembly met (two-thirds of all Members elected to each Branch of the Legislature concurring therein): Section 1. That the Town of Smyrna, a municipal corpor-ation created by and existing under the laws of the State of Delaware, be and it is hereby authorized and empowered to borrow on the faith and credit of the Town of Smyrna a sum of money not in excess of Five Hundred Thousand Dollars ($500,000.00) for the purpose of the extension and improvement of the water and sewer systems, the electrical distribution sys-tems and the streets of the Town of Smyrna. Section 2. That the Mayor and Council of the Town of Smyrna, for any one or more of the purposes set forth in Sec-tion 1 of this Act, shall have full power and authority to issue bonds of the Town of Smyrna to an amount not exceeding in the aggregate the sum of Five Hundred Thousand Dollars ($500,000.00) and that said bonds shall be known as Smyrna General Improvement Bonds, Series of 1965, the year in which the bonds are issued, the title of said bonds to state therein the purpose or purposes for which they are issued, but omitting from the title of said bonds any of the said authorized purpose or purposes for which the Mayor and Council decide to issue any of said bonds. Section 3. That the said bonds shall be issued in one or more series, shall bear interest date or dates, shall mature at such time or times, not exceeding twenty-five (25) years from their respective dates, shall bear interest at such rate or rates 10 CHAPTER 3 AN ACT AUTHORIZING "THE TOWN OF SMYRNA" TO BORROW NOT IN EXCESS OF FIVE HUNDRED THOU-SAND DOLLARS ($500,000.00) AND TO ISSUE BONDS THEREFOR FOR THE PURPOSE OF THE EXTENSION AND IMPROVEMENT OF THE WATER AND SEWER SYSTEMS, THE ELECTRICAL DISTRIBUTION SYSTEM AND THE STREETS OF THE TOWN OF SMYRNA. Chapter 3 11 not exceeding four per centum per annum, shall be payable at such time or times and at such place or places and shall be in such denominations and shall contain such other provisions all as the Mayor and Council of the Town of Smyrna may duly provide by resolution and as shall be set forth in the said bonds. The said bonds may be or may not be coupon bonds and may be registered or not registered as the Mayor or Council shall deem advisable. The bonds may be issued in serial form and with or without callable provision or provisions at par and at accrued interest, at such interest date or dates and upon the expiration of such period or periods of time thereafter, as the Mayor and Council may by resolution provided and as shall be set forth in the bonds and if the bonds contain any callable provision, the redemption shall be made upon such notice and in such manner and at such time or times as the Mayor and Council shall provide by resolution and as shall be set forth in the bonds. Interest on all bonds shall cease from the redemption date or the maturity date, as the case may be, and all other details and provisions of the bonds shall be provided by reso-lution of the Mayor and Council and as set forth in the bonds. Section 4. That the Mayor and Council of the Town of Smyrna shall direct and effect the preparation and sale of the bonds which are authorized by this Act, at such time or times, at such price or prices, not less than par, and upon such terms as the Mayor and Council shall deem advisable and provide by resolution, and the moneys arising from the sale of such bonds shall be used for the carrying out of any one or more of the purposes for which the said bonds are issued, provided that the expenses of the bond issue may be paid from the moneys arising from the sale of the bonds. Section 5. That the form of said bonds and the form of any coupons which may be attached thereto shall be as pre-scribed by resolution of the Mayor and Council and all such bonds shall be signed by the Mayor of The Town of Smyrna and by the Treasurer of the Town of Smyrna and shall be sealed with the corporate seal of the said municipal corporation and the said bonds shall be exempt from all state, county and muni-cipal taxation. As the said bonds, and any coupons thereto 12 Chapter 3 originally attached, shall be paid, the same shall be cancelled as the Mayor and Council may direct. Facsimile signatures of the Mayor of the Town of Smyrna and of the Treasurer of the Town of Smyrna may be imprinted upon any and all coupons that may be attached to the bonds, in lieu of the signatures of the said Mayor and of said Treasurer in their own original hand-writing, but the bonds shall each be signed by the said Mayor and the said Treasurer in their own original handwriting. Section 6. That the Mayor and Council of the Town of Smyrna are hereby authorized and required to levy and raise by taxation in each and every year such sums of money as may be required to pay the interest on said bonds while all or any of said bonds remain unpaid, and also to levy and raise by taxation from time to time such sum or sums of money as shall be needed to establish such sinking fund as the Mayor or Council may at their discretion authorize for the redemption of the said bonds, or any of them, at or before their maturity and such sum or sums of money as shall be required to otherwise pay and re-deem any or all of said bonds at or before their maturity, in accordance with the terms of said bonds. Taxes for interest on said bonds and for the payment of said bonds shall be levied and raised as taxes for general municipal purposes in the said Town are levied and raised, and shall be in addition to the taxes levied and raised for any and all other municipal purposes. Section 7. That the bonds authorized by this Act may be issued at one time and in one series, or at different times in different series as the Mayor and Council may from time to time determine, and authority to issue and sell bonds under this Act shall not be deemed to be exhausted until the aggregate of the amount of bonds issued under this Act shall be Five Hundred Thousand Dollars ($500,000.00). However, the authority to issue bonds under this Act shall terminate on December 31, 1966, and if any part of the bonds so authorized by this Act have not actually been issued by December 31, 1966, then all authority to issue the remaining bonds so authorized by this Act shall cease. The bonds authorized to be issued under this act shall be in addition to all present existing and outstanding Chapter 3 13 bonds of the Town of Smyrna and also in addition to any bonds which may hereafter be issued as a refunding of any or all of the present outstanding bonds of the Town of Smyrna. Section 8. That the faith and credit of the Town of Smyrna are hereby pledged for the due payment of the interest and of the bonds that may be issued under the provisions of this Act. Section 9. That before any bonds shall be issued under the provisions of this Act, the said bond issues shall be approved by a referendum vote of the qualified voters of the Town of Smyrna. Notice of the holding of such referendum election shall be authorized by resolution of the Mayor and Council, published once a week for at least three consecutive weeks in a newspaper published in the Town of Smyrna, and if there be none such then in a newspaper published elsewhere in Kent County, Dela-ware. Such notice shall set out in summary form the amount and the purpose or purposes of such bond issue, the date and place of the holding of such referendum election and the hours the polls will be open, and the polls shall be open at least five (5) hours. At such referendum election every resident and also every non-resident taxable of said Town, of the age of twenty-one years or upwards, who has by the time of voting paid all town taxes theretofore assessed to him, and/or assessed against the property he owns at the time of the referendum election, shall be entitled to vote and shall have one vote for each dollar, or fractional part of a dollar, of taxes paid by him according to the last town assessment and tax payment records preceding the refrendum election. The Judge of the election shall note on the outside of each ballot, before he deposits the ballot in the ballot box, the number of votes to which each voter is entitled in accordance with the Town assessment and tax records. In cases of jointly owned property, the votes of the owners of shares or interests therein shall be in accordance with their respective shares or interests, or if all owners of a property appear at the polls and so consent, all of the votes may be cast by the owner of any share or interest therein, except that the IIIIMIIIMIIIMMilliMMI71 14 Chapter 3 spouse first voting may cast all the votes in reference to prop-erty held by husband and wife, as tenants by the entirety. If both husband and wife, holding property as tenants by the entirety, present themselves to vote at the same time, each shall have the right to vote one-half of the votes to which they are entitled as the joint owners of such property. Life tenants shall have the entire vote as to the property so held by them for life, and holders of remainder or other like interests only shall have no vote by reason thereof. The Mayor and Council shall provide sufficient official bal-lots which shall have printed thereon "FOR BOND ISSUE" and "AGAINST BOND ISSUE". Each voter shall indicate his pref-erence by making a clearly legible mark by pencil or in ink oppo-site the words showing his preference, or by merely striking out the alternative to which he is opposed, or by said mark of preference and also by striking out the alternative to which he is opposed. Any other writing and/or form of marking a ballot, except the number of votes noted thereon by the Judge, shall render such ballot void. No voting by proxy shall be permitted. The Mayor and Council shall, prior to the date of the refer-endum, appoint one Judge and two tellers to pass upon the quali-fications and number of votes of each voter and to conduct the referendum election, and a majority of the election officers so appointed who are present at the opening of the polls shall fill any vacancy among the election officers. A majority of the election officers shall be sufficient to decide the qualifications and the number of votes to which any voter is entitled. The Mayor and Council, prior to the date of the referendum election, shall designate either the Town Manager or other town em-ployee familiar with the Town assessment and tax payment records to be present during the entire period of the election with the last Town assessment and tax payment records for the in-spection of the election officers. The referendum election shall be held no sooner than thirty days after the approval of this Act by the Governor and may be held at such time thereafter as the Mayor and Council shall designate after first determining the need and entente of the present and probable future munici- Chapter 3 15 pal requirements and after having first obtained such estimates of the probable cost of the same as the Mayor and Council deem necessary for their guidance. The referendum election shall be held at such suitable place in the said Town as the Mayor and Council shall designate in such published note and the hours of the opening and closing of the polls may be so advertised either as Eastern Standard Time or as Daylight Saving Time, whichever may be in general use in the said Town as of the date selected for such referendum election. The Judge of the election shall, in the case of tie vote on the bond issue, cast the deciding ballot, otherwise such Judge of the election shall refrain from voting, but the election tellers may vote. The Mayor and Council may also appoint two or more clerks to assist the Judge and tellers. The election teller shall keep a separate tally sheet and their tally sheet shall be compared and must agree as to the total votes cast "FOR THE BOND ISSUE" and the total votes cast "AGAINST THE BOND ISSUE" and any difference between such tally sheets shall be resolved by the Judge of the election. Both tally sheets shall then be certified and signed as correct by at least two of the election officers and shall be delivered to the Mayor, or if he not be available, to the Secretary of Council, or if he not be available, to any other member of the Council immediately fol-lowing the counting of the ballots, the comparison of the tally sheets and the certification that the same are in agreement. The Mayor and Council shall at the next regular meeting after the election, or at a special meeting at the discretion of the Mayor and Council, duly receive the result of the referen-dum election and shall make such a part of the minutes of such regular or special meeting, whereupon if a majority of the votes cast were "FOR THE BOND ISSUE" this Act thereupon immediately shall become effective and the bonds herein pro-vided may be issued and sold as in this Act provided, providing no bond shall be issued after December 31, 1966, under the authority of this Act, but if at such referendum election the majority of the votes cast were "AGAINST THE BOND ISSUE", then no bonds shall be issued nor shall any money be borrowed under the authority of this Act. 16 Chapter 3 Section 10. That a statement appearing in the bonds, which may be issued lawfully under the provisions of this Act, to the effect that the bonds have been duly authorized, shall be deemed and held to be conclusive evidence in favor of the lawful holder of any of said bonds that the terms and conditions of this Act have been fully met and complied with. Approved February 2, 1965. CHAPTER 4 AN ACT TO FURTHER AMEND CHAPTER 121, VOLUME 28, LAWS OF DELAWARE, AS AMENDED BY CHAPTER 142, VOLUME 36, AND CHAPTER 4, VOLUME 51, LAWS OF DELAWARE, RELATING TO THE DATE OF, AND PROCEDURE IN, HEARING APPEALS BY THE BOARD OF ASSESSMENT FOR THE CITY OF WILMINGTON. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members of each Branch con-curring therein): Section 1. That Section 15 of Chapter 121, Volume 28, Laws of Delaware, as amended by Chapter 142, Volume 36, and Chapter 4, Volume 51, Laws of Delaware, be further amended by striking out all of Section 15 and inserting in lieu thereof the following Section to be known as Section 15. Section 15. The board of assessment for the city shall also hear and determine all appeals respecting the assessments. The board shall sit at its office, or some other public and convenient place in the city for the purpose of hearing appeals from assess-ments. Beginning March 1 any person aggrieved by any assess-ment may appeal to the Board for relief under the following procedure: The person desiring to make an appeal shall on or before the 15th day of March file written notice with the board on such forms as the Board may prescribe, and make available to such person upon request for the purpose of filing appeals, setting forth : The assessment or assessments by which the person feels aggrieved; The address to which the board shall mail notice of the time and place of hearing; Such other information as the board may deem neces-sary to determine the appeal. 17 Beginning March 15 the board shall meet for the hearing of appeals and shall continue to meet for such purpose from time to time until all appeals have been heard and acted upon. All appeals shall be heard and acted upon not later than April BO. The board shall notify each person who has filed an appeal of the time and place of hearing of said appeal by depositing such notice in the mail addressed to such person at the address desig-nated in the appeal not later than the 5th day preceding the day designated in the notice for such hearing. Any person who shall fail to appear for hearing at the time fixed shall be conclusively presumed to have abandoned his appeal. Upon appeals the board shall have power to alter any assessment, and shall also have the power to make additional assessments or alterations whether appeal has been filed or not, but where no appeal has been filed, proper notice of such additions or alterations shall be given to the owners or their agents whenever possible. The board in con-nection with the assessment shall have the power to determine and to do whatever may appertain to justice and right. No appeal shall be received or heard, or adjudication or appeal made, nor shall the assessment list be altered or added to after the 30th day of April; provided, however, that real estate not assessed prior to the first day of March may be assessed by the board at any time before the assessment roll is sent to the council, previous notice of such intended assessment, designating the time at which the same will be made, being given by the board, in writing, to the owner or owners, if he, she or they be absent from the city, then to the person or persons in possession of the premises. Approved February 4, 1965. 18 Chapter 4 19 CHAPTER 5 AN ACT TO AMEND § 8312, TITLE 9, DELAWARE CODE, AND § 8313 (a), TITLE 9, DELAWARE CODE, RELAT-ING TO THE DATE OF AND PROCEDURE IN HEAR-ING APPEALS BY THE BOARDS OF ASSESSMENT OF THE SEVERAL COUNTIES. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 8312, Title 9, Delaware Code, is repealed and a new § 8312 enacted in lieu thereof to read as follows: § 8312. Appeals and corrections upon completion of annual assessment The Board of Assessment for New Castle County or its representatives shall sit in its office, or some other public and convenient place in New Castle County, during each secular day from March 15 to April 30 of each year, to hear appeals and make additions, alterations or corrections to the assessment. Any person desiring to make an appeal shall, during the period from March 1 to March 15, file written notice with the Board on such forms as the Board may prescribe and make available upon request, setting forth the assessment or assessments ap-pealed from, the name and address to which the Board shall mail notice of the time and place of hearing, and such other information as the Board may require. The Board shall notify each person who has filed an appeal of the time and place of hearing of said appeal by depositing such notice in the mail addressed to the person and address designated in the notice of appeal not later than the 5th day preceding the day designated in the notice of such hearing. Failure of the appealing party to appear at the time and place fixed by the Board shall constitute the abandonment of the appeal. The Board of Assessment for Kent County or its representatives shall sit in its offices during each secular day from April 1 through April 15, of each year to hear appeals and make additions, alterations or corrections to the assessment. 20 Chapter 5 (c) The Board of Assessment for Sussex County or its representatives shall sit in its offices during each secular day from February 15 through March 1 of each year to hear appeals and make additions, alterations or corrections to the assessment. Section 2. § 8313 (a), Title 9, Delaware Code, is repealed and a new § 8313 (a) is enacted in lieu thereof to read as fol-lows: (a) Each Board of Assessment shall publish notices of the places where the assessments may be inspected together with a notice of the time and place of the sittings to hear appeals and make additions or corrections in regard to the assessments. The notices published by the Board of Assessment for New Castle County shall also state the time and place for filing written notices of appeal with the Board, as provided in § 8312 (a) of this chapter. Such notice shall appear at least once a week for two weeks in at least two newspapers in the case of Kent and Sussex Counties; and in at least four newspapers, one of which shall be published in the City of Wilmington, in the case of New Castle County. The Boards may use such other means as will best bring such notice to the attention of the parties or taxables interested. Approved February 5, 1965. 21 CHAPTER 6 AN ACT TO AMEND CHAPTER 108, VOLUME 47, LAWS OF DELAWARE, ENTITLED "AN ACT EXTENDING THE CORPORATE LIMITS OF THE TOWN OF CAM-DEN" BY ADDING A NEW AREA THERETO. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the Members elected to each House thereof, concurring therein): Section 1. Chapter 108, Volme 47, Laws of Delaware, be and is hereby amended by adding thereto a new section to be known as Section 1, Section (2) D. and which shall read as follows: Section 1. Section (2) D. All that certain piece, parcel or tract of land now situated in North Murderkill Hundred, Kent County, State of Delaware, and being adjacent to the existing northeasterly corporate line of the Town of Camden, lying on the west side of U. S. Route 13, the dual highway which leads from Dover to Camden, being bounded on the east by said Ti. S. Route 13, on the southwest by the existing corporate line of the Town of Camden, on the west by lands of H. 0. McGinnis, lands late of Evans Cook, lands of E. F. Jackson, lands of Mary L. Adams and lands of others, and on the north by lands of Faith Community Church, and being more particularly described as follows, to-wit: BEGINNING at the intersection of the west right of way line of U. S. Route 13 with the existing Northeast-erly corporate line of the Town of Camden; thence running with the existing Northeasterly corporate line of the Town of Cam-den and crossing lands now or late of Leslie H. Clark North 44 degrees 19 minutes West 503.15 feet to a point in the westerly line of lands now or late of Leslie H. Clark at a corner for this parcel, for /ands of W. 0. Dawson and for lands of H. 0. McGin-nis; thence running with lands of H. 0. McGinnis North 31 de-grees 20 minutes East 15 feet; thence continuing with lands of H. 0. McGinnis South 55 degrees 43 minutes East 180 feet; thence continuing with lands of H. 0. McGinnis North 28 de-grees 2 minutes East 255.85 feet; thence continuing with lands 22 Chapter 6 of H. 0. McGinnis North 61 degrees 43 minutes West 250 feet to a corner for this parcel and for lands of H. 0. McGinnis in line of lands late of Evans Cook; thence running with lands late of Evans Cook, lands of E. F. Jackson and lands of others North 46 degrees 47 minutes East 267.4 feet to a corner for this parcel and for lands of others ; thence running with lands of others North 42 degrees 58 minutes West 37.65 feet to a corner for this parcel and for lands of Mary L. Adams; thence running with lands of Mary L. Adams North 47 degrees 2 minutes East 23 feet to a point in line of lands of Mary L. Adams at a corner for this parcel and for lands of Faith Community Church; thence running with lands of Faith Community Church South 61 de-grees East 497.53 feet to a corner for this parcel and for lands of Faith Community Church in the west right of way line of U. S. Route 13; thence running with said right of way line South 28 degrees 30 minutes West 683.45 feet to the place of beginning, and containing 5.925 acres of land, be the same more or less; in accordance with survey by Charles C. Brown, Regis-tered Engineer-Surveyor, December 28, A. D. 1964. No annexation shall be made under the foregoing provisions without first holding a referendum on the question and receiving a favorable vote thereon. Approved February 8, 1965. CHAPTER 7 AN ACT AGREEING TO A PROPOSED AMENDMENT TO ARTICLE 2, SECTION 25, OF THE CONSTITUTION OF THE STATE OF DELAWARE RELATING TO ZONING IN SUSSEX COUNTY. WHEREAS, an amendment to the Constitution of the State of Delaware was proposed to the 122nd General Assembly as follows: AN ACT PROPOSING AN AMENDMENT TO ARTICLE 2, SECTION 25, OF THE CONSTITUTION OF THE STATE OF DELAWARE RELATING TO ZONING IN SUSSEX COUNTY. 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. Article 2, § 25 of the Constitution of the State of Delaware is amended by inserting after the words "munici-palities and the County of" in the second line thereof the words "Sussex and the County or., AND WHEREAS, the said proposed amendment was agreed to by two-thirds of all the Members elected to each House in the said 122nd 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 February 24, 1965. 23 24 CHAPTER 8 AN ACT AGREEING TO A PROPOSED AMENDMENT TO ARTICLE 2, SECTION 25 OF THE CONSTITUTION OF THE STATE OF DELAWARE RELATING TO ZONING IN KENT COUNTY. WHEREAS, an amendment to the Constitution of the State of Delaware was proposed to the 122nd General Assembly as follows: AN ACT PROPOSING AN AMENDMENT TO ARTICLE 2, SECTION 25 OF THE CONSTITUTION OF THE STATE OF DELAWARE RELATING TO ZONING IN KENT COUNTY. 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. Article 2, § 25 of the Constitution of the State of Delaware is amended by inserting after the words "munici-palities and the County of" in the second line thereof the words "Kent and the County or., AND WHEREAS, the said proposed amendment was agreed to by two-thirds of all the Members elected to each House in the said 122nd 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 February 24, 1965. CHAPTER 9 AN ACT TO AMEND CHAPTER 143, VOLUME 36, LAWS OF DELAWARE, BEING AN ACT PROVIDING FOR THE COLLECTION OF TAXES AND ASSESSMENTS FOR THE CITY OF WILMINGTON. 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. That Chapter 143, Volume 36, Laws of Dela-ware, be amended by striking the first paragraphs of Section 3 thereof and substituting a new first paragraph of Section 3 as follows: Section 3. The owner of any such real estate sold under the provisions of this Act or his legal representatives may re-deem the same at any time within one year from the day the sale thereof is approved by the Court, by paying to the pur-chaser or his legal representatives, successors or assigns, the amount of the purchase price, the cost of any repairs which the purchaser may be required to make by the Mayor and Council of Wilmington through any of its agencies, and fifteen per cent in addition to such purchase price and cost of such re-pairs, together with all costs incurred in the cause, or if the purchaser or his legal representatives, successors or assigns shall refuse to receive the same, or do not reside or cannot be found within the City of Wilmington, by paying said amount into said Court for the use of said purchaser, his legal repre-sentatives or assigns. Provided, however, that the provision relating to the cost of repairs which the purchaser may be required to make by the Mayor and Council through any of its agencies shall not apply in any cases of sales under this chapter prior to the effective date of this amendment. Approved March 4, 1965. 25 26 CHAPTER 10 AN ACT APPROPRIATING MONEYS TO THE NEW CASTLE COUNTY DEPARTMENT OF ELECTIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of Twenty-six Thousand One Hundred and Eighty Dollars ($26,180.00) is hereby appropriated to the New Castle County Department of Elections for the fiscal year ending June 30, 1965, and is to be used as follows: Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid from the General Fund of the State of Delaware not otherwise appropriated. Approved March 4, 1965. SalariesBoard Members $ 780.00 Employees Wages and Salaries 5,000.00 Registration and Election Officers 850.00 Contractural Services 19,550.00 $26,180.00 CHAPTER 11 AN ACT TO AMEND SECTION 8304, TITLE 9, DELAWARE CODE, RELATING TO THE COUNTY ASSESSMENT WRITTEN STATEMENT LISTING PROPERTY, OWN-ERS, VALUE, TYPE, ETC. Be it enacted by the General Assembly of the State of Delaware: Section L Section 8304 (b) of Title 9, Delaware Code, is amended to read: (b) In the case of Kent County, the statements required by this section shall be according to hundreds, and in the case of Sussex County, the statements required by this section shall be according to representative districts. Approved March 4, 1965. 27 28 CHAPTER 12 AN ACT TO AMEND CHAPTER 216, VOLUME 27, LAWS OF DELAWARE, ENTITLED "AN ACT AMENDING AND CONSOLIDATING THE CHARTER OF THE CITY OF NEW CASTLE." Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met (two-thirds of all the Members elected to each Bronch thereof concurring therein): Section 1. That Chapter 216, Volume 27, Laws of Dela-ware, as amended by Chapter 142, Volume 29, Laws of Dela-ware, is further amended by striking from Section 4 thereof the words "and the Inspectors of Election in each ward". Section 2. That Chapter 216, Volume 27, Laws of Dela-ware, as amended by Chapter 142, Volume 29; Chapter 125, Volume 35; and Chapter 239, Volume 46, Laws of Delaware, is further amended by striking out all of Section 5, following the first sentence, and substituting in lieu of the stricken provisions the following: Any person desiring to become a candidate for the office of Mayor, the president of Council, a member of Council, the treasurer and the city clerk, shall file with City Council his name, designating the office for which he seeks to become a can-didate, no later than 5:00 P. M., E. S. T., of the last Monday preceding the last Tuesday in March immediately preceding the election, and shall, at the same time, deposit with the City Council the sum of $10.00 as a filing fee for use in defraying City Council's expenses of the election. At any municipal election of the City of New Castle every person, male or female, the age of twenty-one years or above, who shall have been a resident of the City of New Castle for one year next preceding said election, shall be entitled to vote in the district in which he or she resides at the time of said elec-tion; provided, however, that no person shall vote whose name does not appear upon the last list of registered voters in the Chapter 12 29 City of New Castle as hereinafter provided. No one voter shall be permitted to vote for more candidates than there are offices to be filled at said election. In voting, the name of the candi-date or candidate for whom such voter does not desire to vote shall be crossed out on the ballot voted. If any ballot be defaced or bear any identifying marks, or if the person voting has at-tempted to vote for more candidates than there are offices to be filled at said election, said ballot shall not be counted for any candidate for office. The Department of Elections of New Castle County, shall furnish to the registration officers for the several districts of New Castle Hundred in the year of any General Election, when it furnishes the registration books as now provided by law, two separate and similar books in which the said registration officers shall register all persons who are entitled to be registered who reside in the City of New Castle. One of these registration books for the City of New Castle shall be returned by the registration officers of New Castle Hundred to the Department of Elections of New Castle County as the other registration books are returnable, and the other registration book shall be returned to the City Council within thirty days after the last day of registration. The registration officers shall be under the same regulations and liabilities for the registration of the citizens of the City of New Castle as for the general registration for the Hundred. The City Council shall sit as a Board of Registration the third and fourth Wednesday and Thursday evenings of March of each year in which a city election is to be held, between the hours of seven and nine o'clock, E. S. T., for the purpose of adding to the said list of registered voters any unregistered person who shall apply and who shall have, since the last preceding general registration, become qualified as a voter at the City election, and to transfer those registered voters who have moved from one district to another, and the City Council shall place the names of voters so registered or transferred by the Council on the books of registered voters for the several districts. The said registration books so turned over to the Council of New Castle, with the additions and transfers made by the Council as above provided for, shall in every year of election under this Charter be turned over by the City Council on the day of such election to the Election Boards appointed to hold such election. 30 Chapter 12 The election in each district shall be held under the super-vision of an Election Board which shall consist of one Inspector and two Judges of Election. In addition, each Board shall have two Clerks to assist in conducting the election. No more than a majority of such Board shall be of the same political party. The members of the Board and the Clerks shall be qualified voters of the City of New Castle and residents of the district in which they are appointed to serve. The members of such Boards and the Clerks shall be appointed by the City Council in open meeting on the last Tuesday in March immediately preceding the election. Notice of such meeting shall be published in a newspaper having general circulation in the City of New Castle not less than one week before the day thereof. Before enter-ing upon duties, the members of the Election Boards shall swear and subscribe to the following oath before any person authorized by law to administer oaths: a resident of the district of the City of New Castle, and a person qualified to vote at the municipal election of said City to be held on the day of , A D do hereby solemnly swear (or affirm) that I will truly and im-partially conduct said municipal election in said district in ac-cordance with law, and that I will cause a true return of said election to be made. Sworn to (or affirmed) and subscribed before me, the un-dersigned, an officer authorized by law to administer oaths, this day of , A D (Title) Should any member of an Election Board or Clerk die or become unable to perform his duties, at any time, in connection with the election, a successor shall be appointed by the City Council in open meeting. Members of the Election Boards shall be Judges of the Election within their respective districts and shall decide upon the legality of the votes offered. It shall have the authority to subpoena persons, and officers of the City and any books, records Chapter 12 31 and papers relative to the determination of the validity of any votes or vote offered. The Election Boards shall keep a true and accurate list of persons voting and those offering to vote but refused the right to do so. If a majority of an Election Board is of the opinion that a person offering to vote is not qualified to do so, the Election Board shall receive the vote of such person but not count it, shall thereafter return it in a seperate package to the City Council with the name of the per-son who sought to vote such ballot. So far as the same shall not be inconsistent wit this Charter, Inspectors and Judges of Election of the City of New Castle shall have the same powers and authority conferred upon Inspectors and Judges of Election under the General Election Laws of State of Delaware. The Pay for Members oof the Election Boards and Clerks and all expenses of said elections, including rental for polling places shall be fixed by City Council and paid out of City funds. The City Council shall supply to the Election Boards all ballots, ballot boxes, paper, pens, oaths, certificates, and other supplies necessary for conducting said election. All ballots shall be printed and contain the names of all persons who have filed as candidates as hereinbefore provided, together with the designation of the office for which he is a candidate. The names of all candidates for the same office shall be listed on the ballot in alphabetical order. The City council shall determine the places for holding said election in the several districts and shall give notice of the time and places of holding said election by posting notice thereof in at least three of the most public places in each of the districts of the City at least a week before the day on which said election is to be held, and by publishing notice thereof one time at least a week in advance of said day in a newspaper having general circulation in the City of New Castle. On the day of election the Election Boards shall open the polls at 7:00 A. M., E. S. T., and close the same at 7:00 P. M., E. S. T. Upon the closing of the polls as aforesaid, the Members of the Election Boards and Clerks for each district shall publicly read and count the votes cast and shall certify the result of the election to the City Council showing the number of votes cast for each candidate whose name appears on the ballot. 32 Chapter 12 The Members of the Election Boards shall make out and sign four such certificates of election, one such certificate shall be placed in the ballot box and returned with it to the City Council as aforesaid and the Members of the Election Boards shall each retain one of said certificates. All ballots cast and all records of the election together with ballot boxes and all unused supplies shall be delivered by the Election Boards to the City Council to be kept safely and produced as hereinafter provided. On the evening following any such election, the City Council shall meet at 8:00 o'clock for the purpose of canvassing said election. All members of the Election Boards shall appear be-fore it at that time and present the certificates of election re-tained by them. The City Council shall canvass the vote in all districts and after ascertaining which candidates have received the greatest number of votes and have been thereby elected to the various offices, shall make out, sign and deliver certificates of election to the successful candidates. In the event of a tie vote for election to any office, the City Council by majority of all its members shall determine the tie. Section 3. That Chapter 216, Volume 27, Laws of Dela-ware, as amended by Chapter 113, Volume 38; Chapter 172, Volume 40; Chapter 240, Volume 46, Laws of Delaware, is fur-ther amended by striking from the last sentence of the third paragraph of Section 19 the words "and also the sum necessary to be raised for the use of the public schools according to the computation laid before the Council by the Board of Education in accordance with the law." and inserting in place of the comma following the word "determined" in that sentence, a period; by striking from Section 19 the entire fourth, fifth and seventh paragraphs; and by striking from the last paragraph of Section 19 the entire last sentence. Approved March 4, 1965. CHAPTER 13 AN ACT PROPOSING AN AMENDMENT TO SECTION 29, ARTICLE IV, OF THE CONSTITUTION OF THE STATE OF DELAWARE, RELATING TO JUSTICES OF THE PEACE. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each House concurring therein): Section 1. Section 29, Article IV of the Constitution of the State of Delaware, is amended by striking out all of said Section 29, Article IV as presently constituted and substituting in lieu thereof. the following new Section 29, Article IV: Section 29. There shall be appointed, as hereinafter provided, such number of persons to the office of Justice of the Peace as shall be directed by law, who shall be commissioned for six years. The qualifications of all Justices of the Peace who shall be appointed after the effective date of this amended section, shall be as directed by law. 33 34 CHAPTER 14 AN ACT TO AMEND SECTION 132, TITLE 17, DELAWARE CODE, RELATING TO THE GENERAL POWERS AND DUTIES OF THE STATE HIGHWAY DEPARTMENT. WHEREAS, the State Highway Department maintains all major vehicular bridges in the State of Delaware except for the Van Buren Street Bridge over the Brandywine Creek; and NOW THEREFORE: Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 132, Title 17, Delaware Code, is amended by adding a new subparagraph to subsection (b) of that section: (6) maintain the Van Buren Street Bridge over the Bran-dywine Creek. Approved March 25, 1965. Note: This act has been codified as §132, (b) (7), Title 17, Delaware Code. CHAPTER 15 AN ACT TO AMEND SECTION 3302, TITLE 15, DELAWARE CODE, RELATING TO POLITICAL PARTY TITLES. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 15, Section 3302, Delaware Code, is hereby amended by striking the period at the end of the fourth sen-tence of subsection (a) thereof and by inserting in lieu thereof the following words : , and provided further that the Democratic Party and the Republican Party shall have exclusive use of such title and no other party shall use the word "Democratic" or "Repub-lican" or any variation thereof in its title. Approved March 26, 1965. 35 36 CHAPTER 16 AN ACT TO AMEND CHAPTER 20, TITLE 15, DELAWARE CODE, RELATING TO ELECTIONS TO PROVIDE FOR ADDITIONAL REGISTRATION DAYS AT THE DEPART-MENT OF ELECTIONS Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 20, Title 15, Delaware Code. is amended by deleting § 2001 (b) and inserting in lieu thereof a new § 2001 (b) to read as follows: (b) The designated special days and the place and time for such special registration shall be set by the Department of Elections for each county. Section 2. Chapter 20, Title 15, Delaware Code, is amended by deleting § 2002 and inserting in lieu thereof a new § 2002 to read as follows: § 2002. Registration of Qualified Voters on Special Registra-tion Days The Department of Elections for each county may desig-nate one or more locations in each county, on the days designated pursuant to this chapter, at which locations the Auxiliary Registration Officers for each county shall have all powers and authority of local registration officers in their respective election districts, to register qualified electors who appear per-sonally for the purpose of registering and whose names do not appear as qualified voters on the original permanent regis-tration records for the proper election district, with the right of appeal and challenge in all cases, as in the case of local regis-tration officers sitting in their respective local election districts during a supplementary registration as described in this title, and using the same registration records and supplies as are used by the local registration officers in their respective election districts in performing the like duties, provided, however, that in odd numbered years such registration shall be done only at the office of the Department of Elections. Approved March 26, 1965. CHAPTER 17 AN ACT RELATING TO THE COLLECTOR OF DELINQUENT COUNTY TAXES IN NEW CASTLE COUNTY. WHEREAS, the collection of delinquent taxes in New Castle County is at present handled by a separate office known as the Collector of "Delinquent taxes in New Castle County" ; and WHEREAS, it is desirable that the responsibility for the collection of all taxes be in the same individual; and WHEREAS, with present modern equipment and practices, the collection of taxes by two separate individuals has become outmoded and the requested change will result in a more efficient procedure; NOW THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. § 8433, Title 9, Delaware Code, is repealed. Section 2. Chapter 85, Title 9, Delaware Code, is repealed. Section 3. § 8406 (a) (1) of Title 9, Delaware Code, is amended to read : (1) New Castle County: one chief deputy, two assistant deputies, one assistant deputy for delinquent taxes, one clerk-senior for delinquent taxes, one bookkeeper accountant, three bookkeepers, two bookkeeper cashiers, one stenographer, two chief clerks, ten clerk-seniors. Section 4. The Collector of Delinquent Taxes in New Castle County shall turn over to the County Treasurer and Receiver of Taxes for New Castle County, within sixty days of the effect-ive date of this act, all monies collected by him not previously turned over and all of his records. Section 5. Nothing in this act shall affect the bonds given pursuant to § 8503, Title 9, Delaware Code. Approved March 26, 1965. 37 38 CHAPTER 18 AN ACT TO PRESCRIBE MINIMUM WAGES FOR EMPLOY-EES AND TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT THEREOF. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 19, De/aware Code, is amended by adding a new chapter to read: CHAPTER 9. MINIMUM WAGE § 901. Definition of terms As used in this chapter: "Department" means the Department of Labor and Industrial Relations or its authorized representatives; "Wage" means compensation due to an employee by reason of his employment, payable in legal tender of the United States or check or bank convertible into cash on demand at full face value, subject to such deductions, charges, or allow-ances as may be permitted by the regulations of the Department under this chapter; "Employ" means to suffer or permit to work; "Employer" includes any individual, partnership, as-sociation, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee; "Employee" includes any individual employed by an employer but shall not include: Any individual employed in agriculture; Any individual employed in domestic service in or about a private home; Chapter 18 39 Any individual employed in a bona fide executive, ad-ministrative, or professional capacity; or as an outside commis-sion paid salesman, not route driver, who customarily performs his services away from his employer's premises taking orders for goods or services; Any individual employed by the 'United States; Any individual engaged in the activities of an edu-cational, charitable, religious, or non-profit organization where the employment relationship does not in fact exist or where the services are rendered to such organization gratuitously; Any individual employed in the catching, taking, pro-pagating, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds, or other aquatic forms of animal and vegetable life, or in the first processing, canning or packing such marine products at sea as an incident to, or in conjunction with, such fishing operations, including the going to and returning from work and loading and unloading when performed by any such employee; "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employ-ment or class of employment in which employees are gainfully employed; "Gratuities" means voluntary monetary contributions received by an employee from a guest, patron, or customer for services rendered. § 902. Minimum wage rate Every employer shall pay wages at the rate of not less than $1.00 an hour to every employee in any occupation except as may be otherwise provided under this chapter. Every employer of an employee engaged in any occu-pation in which gratuities have customarily and usually con-stituted and have been recognized, as part of the remuneration for hiring purposes shall be entitled on application to the De- 40 Chapter 18 partment to an allowance therefore in an amount that the De-partment shall determine by regulation to be necessary or appropriate to preserve or safeguard this minimum wage rate under this chapter. § 903. Powers of the Department The Department shall administer and enforce the pro-visions of this chapter. Upon ex parte application of the Department showing reasonable ground to believe that any provision of this chapter, or any regulation published thereunder, has been or is being violated, the Superior Court shall enter an order permitting the Department: To enter and inspect, after one day notice to the em-ployer, the premises or place of business or employment and upon demand examine and copy wholly or partly any or all books, registers, payrolls, and other records that in any way relate to or have a bearing upon the question of wages, hours, and other conditions of employment of any employee, including those required to be made, kept and preserved under this chapter, or any regulation published thereunder; To question any employer, employee or other person in the premises or place of business or employment ; To require from any employer full and vrPnt state-ments in writing, including sworn statements, upon forms pre-scribed or approved by the Department, with respect to the payment of wages, hours, names, addresses, and such other information pertaining to employees as the Department may deem necessary or appropriate ; To investigate such facts, conditions, or matters as the Department may deem necessary or appropriate to determine whether any provision of this chapter, or any regulation pub-lished thereunder, has been or is being violated; To hold hearings, administer oaths and examine wit-nesses under oath, issue subpoenas, compel the attendance of Chapter 18 41 witnesses, and the production of papers, books, accounts, records, payrolls, documents, and testimony, and to take depositions and affidavits in any proceeding before it, and in case of failure of any person to comply with any subpoena lawfully issued, or on the refusal of any witness to testify to any matters regarding which he may be lawfully interrogated, the Superior Court, on application by the Department, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. The Department may institute actions in the Superior Court for penalties for any violation of any provision of this chapter, or any regulation published thereunder. Nothing contained in this chapter shall be deemed a limitation on any power or authority of the Department under any other law of this State which may be otherwise applicable to administer or enforce the provisions of this chapter. § 904. Regulations (a) The Department for any occupation shall have the power to make and revise or rescind such regulations, including the definition of terms, as it may deem necessary or appropriate to preserve or safeguard the minimum wage rate under this chapter, except that prior thereto the Department shall hold public hearing upon reasonable notice at which any person may be heard, and shall consult with the members of an advis-ory board representing the interests of employers, employees, and the public in equal numbers totaling not more than 9 in all. The members of the board shall serve at the pleasure of the Department and may be paid by it as compensation for their services a reasonable per diem, in accordance with such regula-tions as it may prescribe, for each day on which they attend a meeting of the board or for each day they spend in the work of the board, and may in addition be reimbursed for their neces-sary and reasonable traveling expenses. Such regulations may include, but are not limited to regulations defining and govern-ing outside salesmen, learners and apprentices, their number, proportion, and length of service ; part-time pay; bonuses ; over-time pay ; special pay for special or extra work; permitted 42 Chapter 18 charges to employees or allowances for board, lodging, apparel, or other facilities or services customarily furnished by employ-ers to employees; allowances for gratuities; or allowances for such other special conditions or circumstances which may be usual in a particular employment relationship. Such regulations shall, except as may be otherwise provided by the Department, take effect upon publication. (b) The Department shall have the power to make and revise or rescind such regulations as it may deem necessary or appropriate to administer or enforce the provisions of this chapter, and such regulations shall, except as may be otherwise provided by the Department, take effect upon publication. Wage rate for handicapped workers For any occupation, the Department may provide by reg-ulations, after public hearing upon reasonable notice at which any person may be heard, for the employment of individuals whose earning capacity is impaired by age or physical or mental deficiency or injury at such wages lower than the minimum wage rate under this chapter as the Department may deem necessary or appropriate to avoid such hardship or prevent curtailment of opportunities for employment. No employee shall be employed at wages fixed pursuant to this section except under special license issued under the applicable regulations of the Department. Such regulations shall, except as may be otherwise provided by the Department, take effect upon pub-lication. Wage rate for learners and apprentices For any occupation, the Department may provide by reg-ulations, after public hearing upon reasonable notice at which any person may be heard, for the employment of learners and apprentices at such wages lower than the minimum rate under this chapter as the Department may deem necessary or approp-riate to prevent curtailment of opportunities for employment. No employee shall be employed at wages fixed pursuant to this section except under applicable regulations of the Department. Such regulations shall, except as may be otherwise provided by the Department, take effect upon publication. Chapter 18 43 Records of employers Every employer shall make, keep and preserve for a period of not less than three years in or about the premises or place of business or employment, a record of the name, address, and occupation of each employee, the rate of pay, and the amount paid each pay period to each employee, the hours worked each clay and each work week by each employee, and such other information or records as the Department shall deem by reg-ulation to be necessary or appropriate to administer or enforce the provisions of this chapter. Posting of laws and regulations Every employer shall keep a summary of this chapter, approved by the Department, and of any applicable regulations published thereunder, or a summary thereof, approved by the Department, posted in a conspicuous and accessible location in or about the premises or place of employment and where em-ployees normally pass. Employers shall be furnished copies thereof by the Department on request without charge. Judicial review (a) Any interested person in any occupation for which any regulation has been published under the provisions of this chapter who has been or may be aggrieved thereby, may obtain a review thereof in the Superior Court by filing in such court within 20 days after notice that such regulation will affect his business operations or employment conditions or compen-sation a petition against the Department as defendant praying that the regulation be modified or revoked. Two copies of the petition shall be served upon the Department by registered mail. Facts determined by the Department, if supported by evidence, shall be conclusive upon the court. The court shall determine whether the person has been or may be aggrieved and whether the regulation is in accordance with law. If the court determines that the person has been or may be aggrieved and that the regulation is not in accordance with law, it shall remand the case to the Department with directions to modify or revoke the regulation. 44 Chapter 18 Proceedings in the Superior Court upon review taken under this section shall be privileged and take precedence over all matters, except matters of the same character. The juris-diction of the court shall be exclusive and its judgment and decree shall be final except that the same shall be subject to review by the Supreme Court at the instance of either party. The commencement of proceedings under this section shall not, unless specifically ordered by the Superior Court, operate as a stay of any regulation published under this chapter. The court shall not grant any stay of any regulation unless the person aggrieved shall file in the court an undertaking with a surety or sureties satisfactory to the court for the payment to the employees affected by the regulation, in the event it is affirmed, of the amount by which the compensation the em-ployees are entitled to receive under the regulation exceeds the compensation they actually receive while the stay is in effect. § 910. Penalties for violation Any employer who, under this chapter, hinders or delays the Department in the performance of its duties, or refuses to admit the Department to the premises or place of business or employment in violation of any court order; or fails to make, keep and preserve any books, registers, payrolls, or other records, or falsifies the same, or refuses to make the same accessible to the Department, or refuses to furnish a sworn statement of the same or any other information, or fails to post a summary of this chapter or of any applicable regula-tions published thereunder or summary thereof, or pays or agrees to pay wages at a rate less than the rate applicable, or otherwise violates any provision of this chapter, or any regulation published thereunder, shall be deemed in violation of this chapter and shall, upon conviction therefor, be fined not more than $200.00 for each such violation. Any employer who discharges or in any other manner discriminates against any employee because he has made a complaint or given information to the Department relating to the provisions of this chapter; or because he has caused to be instituted or is about to be caused to be instituted any pro- Chapter 18 45 ceeding under this chapter; or because he has testified or is about to testify in any such proceeding, shall be deemed in vio-lation of this chapter and shall, upon conviction thereof, be fined not more than $1,000.00, for each violation. § 911. Remedies of employees Any employer who pays any employee less than the full amount of the wages to which he is entitled under this chapter, shall be liable to such employee in a civil action for the full amount of such wages less any amount actually paid to such employee by the employer, and for the costs of the action, necessary expenses of prosecution, and reasonable at-torney's fees. Any agreement between such employee and the employer to work for less than the minimum wage rate under this chapter shall be no defense to such action. At the written request of any enployee who is paid less than the full amount of the wages to which he is entitled under this chapter, the Department, if it determines that the claim is valid and enforceable, may take an assignment of the claim in trust for the assigning employee and may prosecute any legal action necessary for the full amount of such wages less any amount actually paid to such employee by the em-ployer. The employer shall also be liable to pay the costs of the action, necessary expenses of prosecution, and reasonable at-torney's fees. Expenses and attorney's fees shall be remitted by the Department to the State Treasurer. § 912. Relation to other laws Any standards relating to minimum wages, maximum hours, overtime compensation or other working conditions in effect under any other law of this State on the effective date of this chapter, which are more favorable to employees than those applicable to such employees under this chapter, or regulations published thereunder, shall not be deemed to be amended, re-scinded, or otherwise affected by this chapter but shall ,continue in full force and effect and may be enforced as provided by law ; otherwise any such standards in effect under any other law of this State on the effective date of this chapter are specifically 46 Chapter 18 superseded by standards established under this chapter, or reg-ulations published thereunder, which are more favorable to such employees. Right of collective bargaining Nothing in this chapter shall be deemed to interfere with, impede, or in any way diminish the right of employees to bar-gain collectively with their employers through representatives of their own choosing in order to establish wages or other con-ditions of work in excess of the minimum wage rate under this chapter. Short title This chapter shall be known as the "Minimum Wage Act of the State of Delaware". Section 2. § 701, Title 19, Delaware Code, is repealed. Section 3. The provisions of this act shall become effect-ive 180 days after this act becomes law. Approved March 30, 1965. 47 CHAPTER 19 AN ACT TO PROVIDE FOR THE PAYMENT OF WAGES AND TO ENFORCE THEIR COLLECTION. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 19, Delaware Code, is amended by adding a new Chapter to read: CHAPTER 11. WAGE PAYMENT AND COLLECTION § 1101. Definition of terms (a) As used in this chapter: "Department" means the Department of Labor and Industrial Relations or its authorized representatives; "Wages" means compensation for labor or services rendered by an employee, whether the amount is fixed or deter-mined on a time, task, piece, commission, or other basis of calculation; "Employer" means any individual, partnership, assoc-iation, joint stock company, trust, corporation, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same employing any person; "Employee" means any person suffered or permitted to work by an employer under a contract of employment either made in Delaware or to be performed wholly or partly therein. "Check" means a draft drawn on a bank and payable on demand. (b) For the purpose of this chapter the officers of a corporation and any agents having the management thereof who knowingly permit the corporation to violate the provisions of this chapter shall be deemed to be the employers of the em-ployees of the corporation. 48 Chapter 19 § 1102. Payment of wages on regular paydays Every employer shall pay all wages clue to his em-ployees on regular paydays designated in advance by the em-ployer, which shall be at least once during each calendar month and in lawful money of the United States or checks on banks convenient to the place of employment where suitable arrange-ments are made for cashing for the full amount of the wages due. The end of the pay period for which payment is made on a regular payday shall be no more than seven days before such regular payday, provided that if the regular payday falls on a non-work day, payment shall be made on the preceding workday. If an employee is for any reason not present on the regular payday, payment shall be made either by mail if request-ed by the employee or at the next regular workday that the em-ployee is present. § 1103. Employees separated from the payroll before regular paydays Whenever an employee is discharged by an employer, the wages earned by the employee shall become due and payable in full by the employer at the time of discharge. Whenever an employee quits or resigns, the employer shall pay the wages earned by the employee no later than the next regular payday under this chapter, either through the usual pay channels or by mail, if requested by the employee, except that if the employee gives to the employer at least one pay period's notice of intention to quit, the employer shall pay all wages earned by the employee at the time of quitting. When work of any employee is suspended as a result of a labor dispute, or when an employee for any reason what-soever is laid off, the employer shall pay in full to such employee not later than the next regular payday under this chapter, either Chapter 19 49 through the usual pay channels or by mail if requested by the employee, the wages earned by the employee at the time of suspension of work or layoff. (d) If an employer, without any reasonable grounds for dispute, fails to pay an employee wages, as required under this chapter the employer shall, in addition, be liable to the employee for liquidated damages in the amount of 10 per cent of the unpaid wages for each day except Sunday and legal holidays upon which such failure continues after the day upon which payment is required or in an amount equal to the unpaid wages, whichever is smaller; except that, for the purpose of such liquidated dam-ages, such failure to pay shall not be deemed to continue after the date of the filing of a petition in bankruptcy with respect to the employer if he is adjudicated bankrupt thereupon. § 1104. Unconditional payment of wages conceded to be due In case of a dispute over the amount of wages, the employer shall pay without condition and within the time set by this chapter, all wages or parts thereof, conceded by him to be due, leaving to the employee all remedies he might otherwise be entitled to, including those provided under this chapter, as to any balance claimed. The acceptance by an employee of a payment under this section shall not constitute a release as to the balance of his claim and any release required or obtained by an employer as a condition to payment shall be in violation of this chapter and shall be null and void. § 1105. Prime contractor's responsibility for wage payments Whenever any person shall contract with another for the performance of any work which the contracting person has undertaken to perform, he shall become civilly liable to employ-ees engaged in the performance of work under such contract for the payment of wages, exclusive of liquidated damages, as required under this chapter, whenever and to the extent that the employer of such employees fails to pay such wages, and the employer of such employees shall be liable to such person for any wages paid by him under this section. 50 Chapter 19 § 1106. Deceased employees (a) In the event of the death of an employee the wages due him by an employer not in excess of poi) may, upon proper demand, be paid in the absence of actual notice of the pendency of probate proceedings, without requiring letters testamentary or of administration in the following order of preference to decedent's: surviving children under 21 years of age, to the parent, guardian or other person having custody of such child, in equal shares; surviving spouse; surviving children 21 years of age and over, in equal shares; father and mother in equal shares, or survivor. (b) Payments under this section shall be a release and discharge of the employer to the amount of such payment. § 1107. Withholding of wages No employer may withhold or divert any portion of an employee's wages unless: the employer is required or empowered to do so by State or Federal law; or the deductions are for medical, surgical, or hospital care or service, without financial benefit to the employer and openly, clearly, and in due course recorded in the employer's books ; or the employer has a signed authorization by the em-ployee for deductions for a lawful purpose accruing to the bene-fit of the employee, except that the Department, upon finding that it is acting in the public interest, may, by regulation, prohib-it such withholding or diverting for such purpose. If the Depart- Chapter 19 51 ment abuses its discretion and acts arbitrarily and without any reasonable ground, any aggrieved person may institute a civil action in the Superior Court to have such regulation declared null and void. The Department, in such action, shall not be liable for costs or fees of any nature. § 1108. Duty of employer regarding notification, posting and records It shall be the duty of every employer of over three em-ployees: To notify each employee in writing, at the time of hiring, of the rate of pay, and of the day, hour, and place of payment; To notify each employee in writing, or through a posted notice maintained in a place accessible to the employees and where they normally pass, of any change regarding rate of pay, and day, hour, and place of payment prior to the time of such change; To make available to each employee in writing, or through a posted notice maintained in a place accessible to the employees and where they normally pass, employment practices and policies with regard to vacation pay, sick leave, and com-parable matters; To furnish to each employee at the time of payment a statement, either on the check or by a separate slip, showing the total number of hours worked for the pay period for which payment is made and the total amount of deductions, separately specified, which have been made from the wages due; To post and maintain in a place accessible to the employees and where they normally pass, a summary of this chapter to be supplied by the Department upon request without charge; To make, keep and preserve for a period of not less than three years, such records, including wage and hour records, 52 Chapter 19 in or about the premises or place of business or employment, and make such reports therefrom to the Department, as it shall deem by regulation to be necessary or appropriate to administer or enforce the provisions of this chapter. § 1109. Provisions of law may not be waived by agreement Except as provided in this chapter, no provision of this chapter may in any way be contravened or set aside by private agreement. § 1110. Powers of the Department The Department shall administer and enforce the provisions of this chapter. Upon ex parte application of the Department show-ing reasonable ground to believe that any provision of this chapter, or any regulation published thereunder, has been or is being violated, the Superior Court shall enter an Order permit-ting the Department: To enter and inspect, after one day notice to the employer, the premises or place of business or employment and upon demand examine and copy wholly or partly any or all books, registers, payrolls, and other records, including those required to be made, kept and preserved under this chapter, or any regulation published thereunder; To question any employer, employee or other person in the premises or place of business or employment; To require from any employer full and correct statements in writing, including sworn statements, upon forms prescribed or approved by the Department, with respect to the payment of wages, hours, names, addresses, and such other information pertaining to employees as the Department may deem necessary or appropriate; To investigate such facts, conditions, or matters as the Department may deem necessary or appropriate to deter-mine whether any provision of this chapter, or any regulation published thereunder, has been or is being violated; Chapter 19 53 (5) To hold hearings, administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses, and the production of papers, books, accounts, rec-ords, payrolls, documents, and testimony, and to take depositions and affidavits in any proceeding before it, and in case of failure of any person to comply with any subpoena lawfully issued, or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, the Superior Court, on application by the Department, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. The Department may institute actions in the Superior Court for penalties for any violation of any provision of this chapter or any regulation published thereunder. Nothing contained in this chapter shall be deemed a limitation on any power or authority of the Department under any other law of this State which may be otherwise applicable to administer or enforce the provisions of this chapter. §1111. Penalties for violations Any employer who violates any provision, or fails to comply with any requirement, of this chapter or any regula-tion published thereunder, shall be deemed in violation of this chapter and shall upon conviction therefor, be fined not more than $200.00, for each such violation. Any employer who discharges or in any manner discriminates against any employee because he has made a complaint or given information to the Department relating to the provisions of this chapter, or because he has caused to be instituted, or is about to be caused to be instituted any pro-ceeding under this chapter, or because he has testified or is about to testify in any such proceeding, shall be deemed in violation of this chapter and shall, upon conviction therefor, be fined not more than $1,000.00 for each such violation. § 1112. Remedies of employees (a) A civil action to recover unpaid wages and liquidated damages may be maintained in any court of competent juris- 54 Chapter 19 diction by any one or more employees for and in behalf of him-self or themselves, or such employee or employees may designate an agent or representative to maintain such action. Whenever the Department determines that wages, as required under this chapter, have not been paid and that such unpaid wages constitute a valid and enforceable claim, the Department shall, upon the written request of the employee take an assignment in trust for such wages and any claim for liquidated damages, without being bound by any of the tech-nical rules respecting the validity of any such assignment, and may bring any legal action necessary to collect such claim. With the consent of the assigning employee at the time of the assignment, the Department shall have the power to settle and adjust any such claim to the same extent as might the assigning employee. The court in any action brought under this section shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow the costs of the action, the necessary expenses of prosecution, and reasonable attorney's fees, to be paid by the defendant. In the case of actions brought under this section by the Department, expenses and attorney's fees shall be remitted by the Department to the State Treasurer. The De-partment shall not be required to pay the filing fee or other costs of the action or fees of any nature or to file bond or other security of any nature in connection with such action or with proceedings supplementary thereto, or as a condition precedent to the availability to the Department of any process in aid of such action or proceedings. The Department shall have the power to join various claimants in one preferred claim or lien, and in case of suit to join them in one cause of action. § 1113. Regulations The Department shall have the power to make and revise or rescind such regulations as it may deem necessary or approp-riate to administer or enforce the provisions of this chapter, and such regulations shall, except as may be otherwise provided by the Department, take effect upon publication. Chapter 19 55 § 1114. Short title Collection Act of the State of Delaware." This chapter shall be known as the "Wage Payment and Section 2. The provisions of this Act shall become effect-ive 180 days after this Act becomes law. Approved March 30, 1965. 56 CHAPTER 20 AN ACT EFFECTING CERTAIN CHANGES IN THE ADMIN-ISTRATION, COMPENSATION AND JURISDICTION OF JUSTICES OF THE PEACE AND THEIR COURTS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 91, title 10, Delaware Code, is repeal-ed, subject to the conditions contained herein. The instant repeal shall not become effective until 4 years after this Act becomes law. During this interim period, all Justices of the Peace heretofore appointed under and acting under chapter 91, title 10, Delaware Code, shall continue in their respective offices and in the performance of their respective duties and shall be entitled to the same fees and emoluments as heretofore exist-ing until the expiration of their term of office. It is expressly provided, however, that any Justice of the Peace serving in office at the time this Act becomes law may elect to relinquish the powers, duties, prerogatives and emol-uments of his office as contained in chapter 91, title 10, Del-aware Code, in favor of securing for the balance of his unex-pired term, the powers, prerogatives, duties and emoluments of a Justice of the Peace appointed pursuant to section 2 of this Act. The election shall be made in writing and communicated to the Governor not sooner than 6 months after this Act becomes law, and shall become effective upon approval by the Governor. Section 2. Upon this Act becoming law, all new Justices of the Peace, including holdover Justices appointed to new terms, shall be appointed pursuant to chapter 92, title 10, Delaware Code, enacted herein. Section 3. There is enacted a new chapter 92, title 10, Delaware Code, to read: Chapter 20 57 CHAPTER 92. JUSTICES OF THE PEACE ORGANIZATION AND OPERATION § 9201. Definitions As used in this chapter "Justices" means Justices of the Peace. "Clerks" means clerks of the Justices of the Peace. "Chief Justice" means Chief Justice of the Supreme Court. "Rules" means Rules of the Justices of the Peace promulgated under Article IV, Section 13, of the Constitution. "Deputy Administrator" means the Deputy Adminis-trator appointed by the Chief Justice pursuant to section 126, title 10. § 9202. Administration and supervision of the Justice of the Peace The several Justices of the Peace shall, unless other-wise provided herein, be administered and supervised in all respects pursuant to the provisions of Article IV, Section 13, of the Constitution and such Rules of the Justices of the Peace as shall be promulgated thereunder. The Justices shall have and exercise such jurisdic-tion, both criminal and civil, as shall be conferred upon them by law; and, in addition, all jurisdiction heretofore or hereafter conferred by law upon individual Justices of the Peace. 58 Chapter 20 § 9203. Number of Justices of the Peace in each county In the counties of this state there shall be no more than the following number of Justices: County Justices New Castle 21 Kent 10 Sussex 15 § 9204. Place of holding courts The Justices shall hold court in at least one place in Wil-mington, 5 places in the remainder of New Castle County, 3 places in Kent County, and 5 places in Sussex County, and in such other places as from time to time shall be designated in the Rules. § 9205. Time of sitting for the Justices Each of the places where court is held shall be open at such times as shall be provided by the Rules, provided, however, that in both Kent and Sussex Counties there shall be at least 1 Justice available at all times, and in New Castle County there shall be at least 2 Justices available at all times. § 9206. State-wide jurisdiction of justices Each Justice shall serve in the County in which he resides, as he may be assigned from time to time by the Deputy Admin-istrator, for such hours and length of time as may be established by the Rules. A Justice may, with his consent, be assigned to hold Court in any part of the State and for that purpose, his jurisdiction shall be considered as state-wide. § 9207. Bond upon entering office Every Justice before entering upon his office, shall become bound to the State in the sum of $1,000 with corporate surety. The form, terms and approval of such bond shall be as provided by the Rules. All bonds shall be filed in the office of the Clerk of the Supreme Court. Chapter 20 59 § 9208. Record of proceedings All dockets, records, writs, process and other papers shall be kept and arranged by the Clerk for filing in a convenient and proper order, so that any such docket, record, writ, process or other paper shall be readily and conveniently available for inspection. § 9209. Salaries of Justices of the Peace Each Justice shall receive annually as compensation for his services the sum of $8,000. They shall not receive any fees or emoluments in addition to their salaries, for discharging the duties of their offices, except as provided by law or by the Rules. They shall not engage in any occupation concerned with or growing out of the collection of any judgment rendered by a Justice of the Peace. They shall not engage in the private practice of law. They shall not hold any other State office or be employed by the State in any other capacity. § 9210. Offices and court space Each Justice shall be provided with such space as shall be necessary and appropriate to enable the Justice to properly carry out his duties at the locations designated for him to hold court. The cost of such space shall be paid by the State Treasurer in the manner to be prescribed by the State Budget Director. The Rules shall provide regulations with respect to the purchase of supplies and equipment, the presentation of invoices for the payment thereof, and for other necessary ex-penses of the Justice. Invoices for such expenses shall be paid by the State Treasurer when approved in the manner to be pre-scribed by the State Budget Director. 60 Chapter 20 SUBCHAPTER II, OFFICERS AND EMPLOYEES § 9220. Clerks; salary The Chief Justice shall appoint a Chief Clerk for each location where the Justices hold court, and such Deputy Clerks as may from time to time be necessary to assist the Justices in the discharge of their duties. Each Chief Clerk shall receive an annual salary of $4,500, and each Deputy Clerk shall receive an annual salary of $4,000. All clerks shall serve at the pleasure of the Chief Justice. § 9221. Division of clerks between political parties No more than a majority of the Clerks shall belong to the same major political party and the remainder shall belong to the other major political party. § 9222. Clerks' bond Each clerk of a Justice of the Peace shall, before entering upon his office, become bound to the State in the sum of $1,000 with corporate surety. The form, terms and approval of such bond shall be as provided by the Rules. The bonds shall be filed in the office of the Clerk of the Supreme Court. SUBCHAPTER III. DEPUTY ADMINISTRATOR § Deputy Administrator The Deputy Administrator to the Chief Justice of the Supreme Court shall be responsible for the supervision of the Justices and for the efficient use of their personnel, subject, however, to the overall administrative authority of the Supreme Court, exercised pursuant to Article IV, Section 13 of the Constitution. § 9231. Duties of Deputy Administrator In addition to the duties imposed by this chapter and by section 126, Title 10, the Deputy Administrator shall: (a) assign Justices to hold court in such places where, and at such times when, in his judgment, they are needed; Chapter 20 61 determine the times for the taking of vacations for all Justices ; collect and publish such statistics pertaining to the business of the Justices as he deems desirable; prepare and submit to the Budget Director, with the approval of the Chief Justice, a budget showing and enumerating the estimated salaries and expenses of operating the Justice of the Peace Courts for the ensuing fiscal year; negotiate on behalf of the State for the leasing and furnishing of suitable quarters for the sitting of the Justices throughout the State and to enter into appropriate agreements and leases for the same; and render to the Chief Justice of the Supreme Court an annual report, and such other reports as the Chief Justice may, from time to time, require. Section 4. Section 9301, Title 10, Delaware Code, is amend-ed by striking out the words and commas ", within their respect-ive counties" in the first and second lines thereof, and inserting in lieu thereof the words "throughout the State". Section 5. Section 9302, Title 10, Delaware Code, is re-pealed and the following new section is inserted in lieu thereof. § 9302. Limitations on venue of Justices of the Peace; non-residents No civil action commenced by summons shall be brought or maintained before any Justice of the Peace against any resident of this state who does not reside within the same county in which said Justice is sitting. A civil action commenced by summons may be brought or maintained against a non-res-ident of this state in any county in which he may be served with process. Section 6, Section 9303, Title 10, Delaware Code, is amen-ded by striking out the words and commas, ", within their 62 Chapter 20 respective counties" as said words and commas appear in para-graphs (a) and (b) thereof and inserting in lieu thereof in both places, the words "throughout the state". Section 7. Section 9304, Title 10, Delaware Code, is amend-ed by striking out the words "within their respective counties", and inserting in lieu thereof the words "throughout the State". Section 8. Section 9305, Title 10, Delaware Code, is amend-ed by striking out the words "of the county where the premises is situate". Section 9. Section 9525, Title 10, Delaware Code, is amend-ed by striking out the word "two" and substituting in its place the word "five". Section 10. Section 9531, Title 10, Delaware Code, is amended as follows: In paragraph (a) thereof, by deleting the words "commissioner named by him" and substituting the words "Justice of the Peace sitting in the county in which the witness resides". In paragraph (c) thereof by deleting the word "com-missioner" and substituting the words "the Justice of the Peace selected". In paragraph (d) thereof by deleting the word "com-missioner" and substituting the words "the Justice of the Peace selected". In paragraph (e) thereof by deleting the word "com-missioner" and substituting the words "the Justice of the Peace selected". Section 11. Section 9532, Title 10, Delaware Code, is amen-ded in paragraph (a) thereof by striking out the words "of said county" as they appear in the caption of the subpoena form and by striking out the words "for said County" as they appear in the body of said form. Chapter 20 63 Section 12. Section 9534, Title 10, Delaware Code, is amen-ded by striking out the words "of said county" as they appear in the caption of the attachment form, and by striking out the words "for said county" as they appear in the body of said form. Section 13. Section 9539, Title 10, Delaware Code, is amen-ded by striking out the words "of the said county" as they appear in the caption of the distress warrant form and by striking out the words "for said county" as they appear in the body of said form. Section 14. Section 9554, Title 10, Delaware Code, is amen-ded by striking out the words "of the same county" as they appear in paragraph (a) thereof. Section 15. Section 9555, Title 10, Delaware Code, is amen-ded by striking out the words "of said county" and the words "for the said county" as they appear in paragraph (a) thereof, and by striking out the words "for the county aforesaid" as they appear in paragraph (c) thereof. Section 16. Section 9565, Title 10, Delaware Code, is amen-ded by striking out the words "of said county" as they appear in the caption of form of venditioni exponas, and by striking out the words "for the county aforesaid" wherever the same appear in the body of said form. Section 17. Section 9569, Title 10, Delaware Code, is amen-ded by inserting the word "court" after the word "Peace" in paragraph (a) thereof and striking out the words "provided for by the Levy Courts of the respective counties" in said paragraph. Section 18. Section 9575, Title 10, Delaware Code, is amen-ded by repeal of paragraph (d) thereof and the redesignation of paragraphs (e) and (f) as (d) and (e) respectively. Section 19. Section 9584, Title 10, Delaware Code, is amen-ded by striking out the words "of said county" as they appear in captions of each of the three scire facias form and by striking 64 Chapter 20 out the words "for the county aforesaid" whenever the same appear after the words "justices of the peace" in the body of said form. Section 20. Section 9586, Title 10, Delaware Code, is amen-ded by striking out the words "of either county" as they appear in the second line of said section. Section 21. Section 9591, Title 10, Delaware Code, is amen-ded by striking out the words "of said county" as they appear in the caption of the form of writ of attachment and by striking out the words "for the county aforesaid" appearing in the body of said form. Section 22. Section 9594, Title 10, Delaware Code, is amen-ded by striking out the words "of said county" as they appear in the caption of the form of process and by striking out the words "for said county", as they appear in the body of said form. Section 23. Section 9612, Title 10, Delaware Code, is amen-ded by striking out the words "of said county" as they appear in the caption of the form of summons and by striking out the words "for the county aforesaid" as they appear in the body of said form. Section 24. Section 9632, Title 10, Delaware Code, is amen-ed by striking out the words "of the county". Section 25. Section 9633, Title 10, Delaware Code, is amen-ded by striking out the words "To any Constable of County" in the caption of said form and inserting in lieu thereof the words "To any Constable of the State of Delaware" and by striking out the words "for the county aforesaid" as they appear in the body of said form. Section 26. Section 9637, Title 10, Delaware Code, is amen-ded by striking out the words "of the said county" appearing in the caption of the form of warrant and by striking out the the words "for said county" as they appear in the body of said form. Chapter 20 65 Section 27. Section 9640, Title 10, Delaware Code, is amen-ded by striking out the last sentence thereof. Section 28. Section 9669, Title 10, Delaware Code, is amen- , ded as follows : By striking out the words "of said county" as they appear in the caption of the form of warrant, and By striking out the words " for said county" as they appear in the body of said form, and By striking out the comma and words ", and also your own fees on this warrant". Section 29. Section 9673, Title 10, Delaware Code, is amen-ded by striking out the commas and words ", and the constable shall have the same fees for serving subpoena, or attachment of contempt, as prescribed by Chapters 87 and 89 of this Title". Section 30. (a) Sections 9701, 9702 and 9703, Title 10 and Sections 5922 and 5923 of Title 11, Delaware Code, are re-pealed subject to the condition, however, that their instant repeal shall not become effective until 4 years after this Act becomes law. During this interim period, all Justices appointed under and acting pursuant to the terms of chapter 91, Title 10, Delaware Code, prior to its present repeal as set forth in Section 1 of this Act, and who have not elected to become subject to Section 2 of this Act, shall continue to apply the provisions of Section 9701, 9702 and 9703, Title 10, Delaware Code and Sections 5922 and 5923, Title 11, Delaware Code, as the same existed prior to this repeal. All fees, charges or costs assessed pursuant to the provisions of Section 9701, 9702 and 9703, Title 10, Delaware Code and Sections 5922 and 5923, Title 11, Delaware Code, but uncollected at the time said sections become fully repealed as set forth above, shall continue to be valid and enforceable claims for the benefit of any person for whose services or compensation they were originally assessed. (b) All Justices of the Peace appointed under and pur-suant to the provisions of Chapter 92, Title 10, Delaware Code, 66 Chapter 20 enacted herein, shall, from the time of their appointment, be bound by the provisions of chapter 98, Title 10, Delaware Code, hereinafter enacted. Section 31. There is enacted a new chapter 98, Title 10, Delaware Code, to read: CHAPTER 98COSTS § 9801 Rates (a) All costs in proceedings before Justices of the Peace shall be at the following rates: For docketing all civil cases $5.00 In addition to the above: For conducting a trial of a contested case 2.50 For issuing process or attachment in lieu of summons 9.50 For issuance of fieri facies attachment or alias 3.00 For entry of judgment on obligation and and warrant 2.40 For preparation of docket entries or full copy of records, duly certified 3.00 For docketing all criminal cases 5.00 In addition to the above: For conducting a trial or accepting a plea in a criminal case 2.50 For preparation of commitment papers, each commitment 2.00 For preparation of bail bonds, each bond 2.00 § 9802. Duties with respect to costs; limitations on fees All costs collected shall be for the use of the State unless otherwise specifically provided by statute or rules of the Court. The Justice shall tax the costs for each service specified by sec-tion 9801 of this title or by the Rules of the Justice of the Peace. No other fee or cost shall be allowed and no mileage shall be (.1 Chapter 20 67 allowed unless it is expressly given by statute. In no case shall costs be charged for a service not performed; and every office or person receiving a fee, shall, upon demand, give a receipt specifying the item of service represented by said fee. § 9803. Violations and penalty Whoever knowingly receives any greater or less fee or cost than is allowed for the services specified, or who refuses to give a receipt or adds any item not specified by Statute or Rules of the Justices of the Peace, shall be fined not more than $500. The Superior Court shall have jurisdiction of offenses under this section. Section 32. There is hereby appropriated the sum of $200,- 000 to defray the costs of salaries and expenses of Justices of the Peace appointed pursuant to section 2 of this Act, for the fiscal year beginning July 1, 1965 and ending June 30, 1966. The funds appropriated hereunder shall be deemed a supple-mentary appropriation and shall be paid by the State Treasurer out of the general fund from funds not otherwise appropriated therefrom. Section 33. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the inval-idity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or ap-plication, and to this end the provisions of this Act are severable. Approved March 31, 1965. 68 CHAPTER 21 AN ACT TO AMEND TITLE 10, DELAWARE CODE, BY EN-ACTING A NEW CHAPTER RELATING TO CONSTA-BLES FOR JUSTICE OF THE PEACE COURTS Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 10, Delaware Code, is amended by enacting a new chapter to read: CHAPTER 28. CONSTABLES FOR JUSTICES OF THE PEACE § 2801. Appointment The Chief Justice of the Supreme Court, in accordance with the Rules of the Justice of the Peace Courts, shall appoint such numbers of Justice of the Peace Constables as shall be necessary to handle all process of the Justices of the Peace appointed pursuant to chapter 92 of this title. § 2802. Political affiliation No more than a majority of the constables appointed pur-suant to this chapter shall belong to the same major political party and the remainder shall belong to the other major pol-itical party. § 2803. Duties; exclusive authority The Justices of the Peace constables appointed pur-suant to this chapter shall handle all process of the Justices of the Peace appointed pursuant to chapter 92 of this title. Notwithstanding the provisions of any other law, no constables appointed by any authority in this state shall be authorized to execute orders, warrants and other process directed to him by a Justice of the Peace appointed pursuant to chapter 92 of this title, unless the constable has been appointed pur-suant to this chapter. Chapter 21 69 § 2804. Salary and term; mileage Constables appointed pursuant to this chapter shall receive an annual salary of $4,000 and shall serve at the pleasure of the Chief Justice of the Supreme Court. All monies collected by Justice of the Peace constables for fines, fees or forfeitures, including but not limited to those imposed by chapter 97 of this title, shall be for the use of the State of Delaware. In addition to his salary, each constable shall be en-titled to charge, as additional compensation, mileage at the rate of 10 cents per mile for each mile necessarily traveled by him in the necessary discharge of his duties as constable. The total charge for mileage thus compiled in each case shall be charged as costs in the case and turned over to the constable when collected. § 2805. Location and assignment In the counties of this state there shall lie at least the following number of constables : New Castle 8 Kent 3 Sussex 5 The constables shall be assigned in accordance with the Rules of the Justice of the Peace Courts as promulgated pursuant to Article IV, Section 13, of the Constitution. § 2806. Bonds Every Justice of the Peace constable, before entering upon his office, shall become bound to the State in the sum of $1,000 with corporate surety. The form, terms and approval of such bonds shall be as provided by the Rules of the Justice of the Peace Courts. All such bonds shall be filed in the Office of the Clerk of the Supreme Court. 70 Chapter 21 § 2807. Residence requirements Every Justice of the Peace constable appointed pursuant to the provisions of section 2801 of this title, shall reside in the county for which he is appointed and shall have resided there 6 months next preceeding his appointment. If any constable removes from the place where he is required by law to reside, his office shall thereupon become vacant. § 2808. Jurisdiction The jurisdiction of the Justice of the Peace constables ap-pointed under section 2801 of this title, shall extend throughout the State and said constables shall have all the powers and duties recited in section 2723 of this title. Section 2. There is appropriated the sum of $22,000 to defray the costs of salaries of constables for Justices of the Peace Courts appointed pursuant to Section 1 of this Act for the fiscal year beginning July 1, 1965 and ending June 30, 1966. The funds appropriated hereunder shall be deemed a supple-mentary appropriation and shall be paid by the State Treasurer out of the general fund from funds not otherwise appropriated therefrom. Approved March 31, 1965. CHAPTER 22 AN ACT TRANSFERRING MONEY FROM THE CAPITAL INVESTMENT FUND TO THE STATE HIGHWAY DE-PARTMENT FOR MOSQUITO CONTROL. Be it enacted by the General Assembly of the State of Delaware: Section 1. There is hereby transferred and appropriated out of the Capital Investment Fund, existing pursuant to chap-ter 62, title 29, Delaware Code, to the State Highway Depart-ment Two Million Dollars ($2,000,000) for the purpose of mos-quito control. Section 2. The monies herein appropriated shall be util-ized by the State Highway Department to initiate a permanent mosquito control program. The funds hereby appropriated and transferred shall be used solely for ditching, impounding, filling, draining and those other expenses incident thereto. No funds herein appropriated shall be expended for spraying, fogging, or expenses incident thereto. Section 3. The State Highway Department shall consult with the Board of Game and Fish Commissioners, the Commis-sion of Shell Fisheries and the State Park Commission, in treat-ing lands under their control. Section 4. The Budget Commission shall transfer, from time to time, from the Capital Investment Fund, to the State Highway Department, upon requisition by the department, such sums as may be needed by the department for the purposes of this act. Section 5. The funds herein transferred and appropriated from the Capital Investment Fund shall remain available for use until June 30, 1967 at which time any funds unexpended for the purposes of this act shall revert to the Capital Investment Fund. Approved April 1, 1965. 71 72 CHAPTER 23 AN ACT MAKING AN APPROPRIATION TO THE ATTOR-NEY GENERAL FOR SERVICES RENDERED TO THE STATE OF DELAWARE IN THE CASE OF LONGORIA V. STATE OF DELAWARE BY MURRAY M. SCHWARTZ, ESQ. WHEREAS, it was necessary for the office bf the Attorney General to retain Murray M. Schwartz, Esq. to represent the State of Delaware in the case of Longoria V. State of Delaware before the Supreme Court of the United States; and WHEREAS, this case has been concluded and a bill pre-sented in the amount of $1,420.00, Now, therefore, Be it enacted by the General Assembly of the State of Delaware: Section 1. There is hereby appropriated to the Attorney General of the State of Delaware the sum of $1,420.00 to be paid to Murray M. Schwartz, Esq. for services rendered to the State of Delaware in the case of Longoria V. State of Delaware. Section 2. This Act is a Supplementary Appropriation Act and the funds hereby appropriated shall be paid out of the General Fund of the State Treasury. Approved April 1, 1965. CHAPTER 24 AN ACT TO AMEND CHAPTER 28, TITLE 31, DELAWARE CODE, RELATING TO THE STATE WELFARE HOME AND HOSPITAL FOR THE CHRONICALLY ILL AT SYMRNA. Be it enacted by the General Assembly of the State of . Delaware: Section 1. Sections 2832 and 2833, Title 31, Delaware Code, are hereby repealed and a new Section 2832 enacted and inserted in lieu thereof to read as follows : § 2832. Financing of home maintenance; other expenses One-half the cost of the operation and maintenance of the home and the care and support of its inmates shall be a charge against the counties of the State, apportioned according to the number of inmates from each county. All funds of the Home shall be under the custody of the State Treasurer and all the provisions of Part VI, Title 29, Delaware Code, including Budget Requests and expenditure of funds shall apply. The Board shall annually, on the date required to file Budget requests pursuant to said Title 29, submit to the Levy Court of each county an estimate of the cost and expenses chargeable against such county for the next fiscal year. The Levy Court of each county shall include the amount of the estimate in the taxes levied for that year, and the same shall be credited by the Treasurer of the county to the State Treasurer. In the event the General Assembly should decrease the approp-riation to the Home for that year below the request made by the Board in the Budget Request pursuant to subsection (b), the Board shall immediately thereafter submit to the Levy Court of each county a revised estimate of the cost and expenses chargeable against such county for the next fiscal year and the Treasurer of the County shall reduce the amount to be credited to the State Treasurer accordingly. 73 74 Chapter 24 The General Assembly shall annually appropriate such sums for the maintenance of the home and the care and support of its inmates as it shall determine, one-half of which shall be paid from the General Fund of the State and one-half of which shall be paid by the counties. Not later than the fifth day of each month of the fiscal year the Treasurer for each county shall pay to the State Treasurer one-twelfth of the revised annual estimate of the cost and expenses chargeable against such county as set forth in subsection (c). At the close of the fiscal year any such funds unexpended and unencumbered shall be returned to the counties by the State Treasurer in the same proportion as such counties paid during the fiscal year. The Board shall, at the close of each month, furnish the Treasurer of each county with a de-tailed, minute and accurate account of the cost and expenses of the Home during the month. Section 2. This Act shall become effective July 1, 1965. Approved April 1, 1965. CHAPTER 25 AN ACT TO AMEND TITLE 7, DELAWARE CODE, SECTION 703, RELATING TO OPEN SEASON FOR GAME. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 7, Delaware Code, Section 703 is amended by striking the words "November 1 to January 31" between the words "Racoon:" and "next following" and inserting Sep-tember 1 to March 31", in lieu thereof. Approved April 1, 1965. 75 76 CHAPTER 26 AN ACT TO AMEND CHAPTER 83, TITLE 11, DELAWARE CODE, RELATING TO ELIGIBILITY FOR PENSIONS BY GIVING CREDIT FOR PRIOR SERVICE AS A MEMOR-IAL BRIDGE POLICEMAN. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 8323, Title 11, Delaware Code, is amended by adding a new sub-section to read as follows: (d) Any former or present member of the State Highway Police, State Police, or any successor or substitute therefore who shall have been a member of the Delaware Memorial Bridge Police before the establishment of the Delaware River and Bay Authority, shall receive full credit for the time served in each Delaware Memorial Bridge Police in computing the number of years' service required to receive pension benefits provided in sub-section (a) of this section. Approved April 5, 1965. CHAPTER 27 AN ACT TO AUTHORIZE THE LEVY COURT OF SUSSEX COUNTY TO APPROPRIATE FUNDS FOR THE OBSER-VANCE OF RETURN DAY. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Levy Court of Sussex County may appro-priate and to riay funds to Sussex County Return Day, Inc., a Delaware Corporation, to defray the costs of the observance of Return Day at Georgetown. Approved April 5, 1965. Note: This act has been codified as § 6134, Title 29, Del-aware Code. 78 CHAPTER 28 AN ACT TO AMEND SECTIONS 501 AND 502, TITLE I OF THE DELAWARE CODE BY ADDING RETURN DAY AS A HALF HOLIDAY IN SUSSEX COUNTY. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 501, Title I, of the Delaware Code, is amended by striking the words following the, word "Saturdays"; and substituting in lieu thereof the following: "the day of the General Election as it biennially occurs; and in Sussex County, Return Day, the second day after the General Election, after 12:00 noon." Section 2. Section 502, Title I of the Delaware Code, is amended by inserting after the words "or the proceedings of any court or judge" the words "or Board of Canvass". Approved April 5, 1965. CHAPTER 29 AN ACT TO AMEND CHAPTER 17, TITLE 7, DELAWARE CODE. RELATING TO DOGS RUNNING AT LARGE. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 1702, Chapter 17, Title 7, Delaware Code, is amended by adding a new sub-section (d) to read as follows: (d) In New Castle County, no dog shall be permitted to run at large in any district or zone classified residential in whole or in part under regulations adopted pursuant to Chapter 26, Title 9, Delaware Code, or in any residential area, locality, or development, within any district or zone, unless such dog is accompanied by the owner or custodian and under his reasonable control. Approved April 5, 1965. 79 80 CHAPTER 30 AN ACT AUTHORIZING THE LEVY COURT OF KENT COUN-TY TO BORROW ON THE CREDIT OF THE COUNTY A SUM OF MONEY NOT EXCEEDING 8,000 DOLLARS TO BE EXPENDED FOR THE ACQUISITION OF ADD-ITIONAL EQUIPMENT AND FURNISHINGS FOR THE COURT ROOM IN THE KENT COUNTY COURT HOUSE. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Levy Court of Kent County is hereby authorized to acquire additional equipment and furnishings for the court room in the Kent County Court House. Section 2. The Levy Court is hereby authorized to borrow upon the faith and credit of Kent County, a sum not exceeding Eight Thousand ($8,000.00) Dollars to be expended in the acquisition of additional equipment and furnishings for the court room in the Kent County Court House, and to fund any indebtedness incurred for such purposes, and for the purpose of securing the payment of such sum, to issue bonds in such denominations and at such rate of interest not exceeding five per centum per annum, as the Levy Court may deem expedient. The issuance of such bonds shall not be subject to any debt limitation contained in any law. Section 3. Bonds issued pursuant to this Act shall be auth-orized by a resolution passed by the Levy Court. The bonds shall mature in annual installments in amounts and at such times de-termined by the Levy Court and set forth in said resolution. The first such installment shall be payable not more than one year after the date of the bonds and the last such installment shall be payable not later than twenty years after the date of such bonds. Interest on the bonds shall be payable semi-monthly in each year. Bonds issued pursuant to this Act shall be negotiable instru-ments and shall be bonds payable to bearer with coupons attach-ed for the payment of interest to bearer, but provision may be made for the registration of such bonds as to principal only or as to both principal and interest. Such bonds may be made Chapter 30 81 subject to redemption prior to their respective maturities with or without premium. Section 4. The bonds shall be prepared under the super-vision of the Levy Court and shall be signed by the Receiver of Taxes and County Treasurer, the President of the Levy Court and the Clerk of the Peace of Kent County, and shall be under the seal used by said Levy Court. A facsimile of the sig-nature of each officer may be engraved or printed on the bonds; provided, however, that at least one such officer shall sign the bonds manually. A facsimile of the signature of the Receiver of Taxes and County Treasurer shall be engraved or printed on each coupon or interest warrant. It shall be the duty of the officers named to execute said bonds when directed by the Levy Court so to do, and it shall be the duty of the Receiver of Taxes and County Treasurer and of the Levy Court to keep a record of said bonds. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and suf-ficient for all purposes the same as if he had remained in office until such delivery, and any bond may bear the facsimile signa-ture of, or may be signed by, such persons as at the actual time of the execution of such bond shall be the proper officers to sign such bond although at the date of such bond such persons may not have been such officers. Section 5. The bonds shall be exempt from all state, coun-ty, municipal and other taxation, and the purchaser thereof shall not be obliged to see to or in any manner be responsible for the application of the purchase money ; the bonds may be of such form and may contain such provisions as will not conflict with the provisions hereof. Section 6. The Levy Court shall determine when the bonds or any number thereof may be sold. The bonds shall be sold by the Levy Court at public sale, for not less than par and accrued interest, under such terms, conditions and regulations as the issuing officers may prescribe after notice of such sale published at least ten days before the date of sale in at least one news-paper published in Kent County. Said bonds may be issued and 82 Chapter 30 sold as part of a consolidated issue of bonds of Kent County and the bonds need not be separately identified. The resolution authorizing the issuance of the bonds may be combined with the resolution authorizing the consolidated issue. Section 7. The bonds, principal and interest, shall be pay-able at the Farmers Bank of the State of Delaware, at Dover, Delaware, out of money from time to time appropriated for that purpose by the Levy Court; and the Levy Court is directed to pay the interest on the bonds to said Farmers Bank when and as the respective installments mature. The Levy Court in fixing the rate of taxation shall annually, until the first installment of said bonds shall become due and payable, provide for a sum equal to the amount of interest due each year upon said bonds, and as and when said bonds shall mature and become due and payable, shall in like manner provide for a sum equal to the aggregate of said bonds so maturing, which amount shall be set apart by the Receiver of Taxes and County Treasurer to be applied to the payment of interest on said bonds and the re-demption thereof as they mature. Section 8. All money received from the sale of said bonds, after the payment of the charges and expenses connected with the preparation and sale thereof, shall be deposited in the Farmers Bank aforesaid to the Credit of the Levy Court in a separate account, and payment therefrom shall be made by the Levy Court by a special warrant upon which shall be printed or endorsed "Kent County Court House Addition." If, for any reason any part of such proceeds are not applied to or are not necessary for such purposes, such unexpended part of such |
| Date Digital | 2010 |
| CONTENTdm file name | 3079.cpd |
Description
| Title | Laws of the State of Delaware - Volume 55 - Part 1 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY- THIRD 1 GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 5, A. D. 1965 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, February 1, A. D. 1966 VOLUME LV Printed by Milford Chronicle Publishing Company Milford, Delaware |
| CONTENTdm file name | 57297.pdfpage |
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