Laws of the State of Delaware - Volume 37 - Page 1 |
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LAWS
OF THE
STATE OF DELAWARE
PASSED AT THE
One Hundred and Third
Session of the General Assembly
COMMENCED AND HELD AT DOVER
On Tuesday, January 6, A. D., 93
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
THE ONE HUNDREDTH AND FIFTY- FIFTH
VOLUME XXXVII
J. LAURANCE BANKS. INCORPORATED
WILMINGTON, DELAWARE
1931
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 37 |
| Date Original | 1931 |
| Description | Laws of the State of Delaware. Passed At The One Hundred And Third Session Of The General Assembly Commenced And Held At Dover On Tuesday, January 6, A. D., 1931 Volume XXXVII |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | J. Laurance Banks, Incorporated |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE PASSED AT THE One Hundred and Third Session of the General Assembly COMMENCED AND HELD AT DOVER On Tuesday, January 6, A. D., 93 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES THE ONE HUNDREDTH AND FIFTY-FIFTH VOLUME XXXVII J. LAURANCE BANKS. INCORPORATED WILMINGTON, DELAWARE 1931 LAWS of DELAWARE TITLE ONE Construction of Statutes CHAPTER 1 AMENDMENT TO CONSTITUTION AN ACT proposing an Amendment to Section 4 of Article 1 of the Constitution of the State of Delaware, relating to trial by jury. 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 agreeing thereto): Section 1. That Section 4 of Article 1 of the Constitu- 13e t4i ,tutirti tion of the State of Delaware be amended by adding to the cugieel D. re end thereof the following words : Grand Juries "Provided, however, that Grand Juries in New Castle 1 id cLngry County shall consist of fifteen members, one of whom shall tarn be selected from, and shall be a resident of, each representa- Residence of tive district in said county, and the affirmative vote of nine rgsggsf of whom shall be necessary to find a true bill of indictment ; true bill and Grand Juries in Kent County and in Sussex County Grand Jury jsujisex shall consist of ten members, one of whom shall be selected ggilEtest en from, and shall be a resident of each representative district Itinesidenee in the county in which he or she is selected, and the affirma- Seven votes or tive vote of seven of whom shall be necessary to find a truelti:1 r:21 I y bill of indictment." Approved April 22, 1931. 3 4 Courts of State Supreme General Sessions Register's Orphans' Justice of Peace other Courts Supreme Section 2. There shall be three Justices of the Su- Court to be composed of preme Court who shall be citizens of the State and learned three Justices in the law. The Senior in length of service shall be the Presiding Chief Justice who when present shall preside at all sittings Justice of the Court. In the absence of the Chief Justice the Senior Justice present shall preside. If it is otherwise impossible to determine seniority among the Justices, they shall de-termine it by lot and certify accordingly to the Governor. Chancellor Law Judges CHAPTER 2 AM ENDNIEN'1"10 CONSTITUTION AN ACT proposing certain Amendments to Article IV of the Constitution of the State of Delaware, relating to the Judiciary. 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 agreeing thereto): Art. 4. Section 1. That Article IV of the Constitution of the proposed amendment to State of Delaware be amended so as to read as follows: ARTICLE IVJUDICIARY Section 1. The judicial power of this State shall be vested in a Supreme Court, a Court of General Sessions, a Court of Chancery, an Orphans' Court, a Register's Court, the Justices of the Peace, and such other courts as the General Assembly, with the concurrence of two-thirds of all the members elected to each House, shall from time to time by law establish. There shall be six other State Judges who shall be citi-zens of the State and learned in the law. One of them shall be Chancellor, one of them Presiding Judge of the Court of General Sessions and of the Orphans' Court and the other four of them Associate Judges of the Court of General Ses-sions and of the Orphans' Court. Three of the said Asso- 1 CHAPTElt 2 5 AMENDMENT TO CONSTITUTION elate Judges shall be resident Associate Judges and one of yue.si I deesnt them shall after appointment reside in each County of the State. If it is otherwise impossible to determine seniority determined of service among the said Associate Judges, they shall de-termine it by lot and certify accordingly to the Governor. Section 3. The Justices of the Supreme Court, the frogreeitItor, subject confirmation Chancellor, and the Presiding Judge and Associate Judges Senate of the Court of General Sessions and of the Orphans' Court shall be appointed by the Governor, by and with the consent of a majority of all the members elected to the Senate, for the term of twelve years each, and the persons so appointed Terms. Oath shall enter upon the discharge of the duties of their respec-tive offices upon taking the oath of office prescribed by this Constitution. If a vacancy shall occur, by expiration of term or otherwise, at a time when the Senate shall not be Xpa=nent in session, the Governor shall within thirty days after the geol;asitdeerNelh'ity, thirty days happening of any such vacancy convene the Senate for the purpose of confirming his appointment to fill said vacancy and the transaction of such other executive business as may come before it. Such vacancy shall be filled as aforesaid for the full term. The said appointment shall be such that Itiwoo n.Losrteictetsmonf no more than two of the Justices of the Supreme Court, in sa2r:g eigruert office at the same time, shall have been appointed from the tkiscaetshlrole same political party, and no more than three of the fiveand Orphans Judges of the Court of General Sessions and of the Orphans' slisneto be Court, in office at the same time, shall have been appointed political party from the same political party. Section 4. The Justices of the Supreme Court, the r 28eirrelion Chancellor, and the Presiding Judge and Associate Judges and 'RI ges of the Court of General Sessions and of the Orphans' Court To n,g ligrgi3Azi norshall respectively receive from the State for their services ic,)thero eft office for compensations which shall be fixed by law and paid monthly and they shall not receive any fees or perquisites in addi-tioh to their salaries for business done by them except as 6 CHAPTER 2 Court of General Sessions composed of what Judges Jurisdiction COUTI. Of General Sew!Ions AMENDMENT TO CONSTITUTION Section 5. The Presiding Judge of the Court of General Sessions and of the Orphans' Court and the four Associate Judges thereof shall compose the Court of General Sessions and the Orphans' Court, as hereinafter prescribed. Judges to hold Except as hereinafter prescribed with respect to the Courts designated Orphans' Court, the said five Judges shall designate those of their number who shall hold the said courts in the several counties. No more than three of them shall sit together No more than in either of the said courts. In each of the said courts the three to sit Presiding Judge when present shall preside and in his ab- Paesiding Judge sence the senior Associate Judge present shall preside. One Judge shall constitute a quorum of the said courts, respectively, except in the Court of General Sessions sitting to try a criminal case involving a charge of capital felony, when three Judges shall constitute a quorum, and except in the Court of General Sessions sitting to try cases of prosecution under Section 8 of Article V of this Constitu-tion, when two Judges shall constitute a quorum, and ex-cept in the Orphans' Court sitting to hear appeals from a Register's Court, when two Judges shall constitute a quorum. One Judge may open and adjourn any of said courts. Section 6. Subject to the provisions of Section 5 of this Article, two or more sessions of the Court of General Sessions and of the Orphans' Court may at the same time be held in the same county or in different counties, and the business of the several counties may be distributed and ap-portioned in such manner as shall be provided by the rules of the said courts, respectively. Section 7. The Court of General Sessions shall have of jurisdiction of all causes of a civil nature, real, personal and mixed, at common law and all other the jurisdiction and powers vested by the laws of this State in the Superior Court ; and also shall have all the jurisdiction and powers vested by the laws of this State in the Court of General Quorum Number of Judges to sit Two or more sessions of same Court may be held Rules to distribute business CHAPTER 2 7 AMENDMENT TO CONSTITUTION Sessions of the Peace and Jail Delivery ; and also shall have all the jurisdiction and powers vested by the laws of this State in the Court of General Sessions ; and also shall have all the jurisdiction and powers vested by the laws of this State in the Court of Oyer and Terminer. Section 8. The phrase "Supreme Court" as used in reeen err.%) u r t Section 4 of Article V of this Constitution and the phrases iifgitrat railer "Superior Court," "Court of General Sessions of the Peace Courts and Jail Delivery," "Court of Oyer and Terminer" and "Court of General Sessions" wherever found in the law of this State, elsewhere than in this amended Article IV of this Constitution, shall be read as and taken to mean, and here-after printed as, the Court of General Sessions provided "Fed ip g for in this amended Article IV of this Constitution ; and goeunttralf the phrase "Chief Justice" wherever found in the law of 13xedtg" this State, elsewhere than in this amended Article IV of ;IT hjg Justice this Constitution, shall be read as and taken to mean, and :umtesiiddeNit hereafter printed as, Presiding Judge of the Court of Gen- Article 4. eral Sessions and of the Orphans' Court, as provided for in this amended Article IV of this Constitution. Section 9. The Orphans' Court shall have all the jur- orphans' isdiction and powers vested by the Laws of this State in the Zlisrliction Orphans' Court. The Orphans' Court in each County shall, except as gizew hereinafter provided for, consist of the Presiding Judge of the Orphans' Court and the resident Associate Judge of the County. The Presiding Judge when present shall preside. The Presiding Judge shall have the power to designate any Presiding other Associate Judge to sit in the Orphans' Court with the =ligiren ?e resident Associate Judge of the County at any time when gift Judges the Presiding Judge will not be present and more than one Judge is required to constitute the court ; and shall also have the power to designate any other Associate Judge to sit in the Orphans' Court in any County in place of the resi-dent Associate Judge of the County in case such resident 8 CHAPTER 2 AMENDMENT TO CONSTITUTION Associate Judge should be absent from the County, incapaci-tated or disqualified to sit by reason of interest ; and shall also have the power to designate any Associate Judge to sit in the Orphans' Court in any County as a third Judge of said court in any case where the opinions of two Judges sitting are opposed. Chancellor to Section 10. The Chancellor shall hold the Court of 8.encror. ° Chancery. This court shall have all the jurisdiction and powers vested by the laws of this State in the Court of Jurisdiction °Chancery. Upon written request made by the Chancellor to the Presiding Presiding Judge of the Court of General Sessions and of the Judge to adcetsiinggn atVei ce Orphans' Court, or to the senior Associate Judge of said cell Courts if the said Presiding Judge should be incapacitated onfaft tliodge so or absent from the State, such Presiding Judge or senior Associate Judge, as the case may be, shall be authorized and it shall be his duy to designate one or more of the five Judges of the Court of General Sessions and of the Orphans' Court to sit separately as Acting Vice-Chancellor, or Acting Vice-Chancellors, and hear and decide such causes in the Court of Chancery as the Chancellor may indicate 'prior to such designation that he desires to be so heard and de-cided. It shall be the duty of the Judges so designated to serve accordingly as Acting Vice-Chancellors. The Judges hearing and deciding such causes as such Acting Vice- Chancellors shall, upon their decision of a cause, recommend to the Chancellor the decree to be entered therein and all decrees in such causes shall be made by and in the name of the Chancellor. Section 11. The Supreme Court shall have jurisdiction Jurisdiction of as follows : Supreme Court Writs of error (1) To issue writs of error in civil causes to the to Court of deneral Court of General Sessions and to determine finally all mat- Sessions ters in error in the judgments and proceedings of said Error in Civil Court of General Sessions in civil causes. CHAPTER 2 9 AMENDMENT TO CONSTITUTION To issue upon application of the accused, after grgiE.;inolgror conviction and sentence, writs of error in criminal causes Cases When to the Court of General Sessions in all cases in which the sentence shall be death, imprisonment exceeding one month, or fine exceeding $100. and in such other cases as shall be grrriniortniA provided by law ; and to determine finally all matters in Causes error in the judgments and proceedings of said Court of General Sessions in such criminal causes ; provided, how- No writ of ever, that there shall be no writ of error to the Court of irnRafenel General Sessions in cases of prosecution under Section 8 Cor1_; stiteutione e of Article V of this Constitution. To receive appeals from the Court of General Receive Sessions in cases of prosecution under Section 8 of Article 13`geSoiniAiretr. V of this Constitution and to determine finally all matters Cozeistittleon of appeal in such cases. To receive appeals from the Court of Chancery Receive from locutory or final decrees and other proceedings in Chancery. and to determine finally all matters of appeal in the inter- Court of To receive appeals from the Orphans' Court and Roggvf: from Court tory or final decrees and/or judgments and other proceed-to determine finally all matters of appeal in the interlocu- ens. ings in the Orphans' Court. To issue writs of prohibition, quo warranto, giiibiiirgs, certiorari and mandamus to the Court of General Sessions, `Lft=faigfa mandamus r,tsto the Court of Chancery and the Orphans' Court, or any of what the Judges of the said courts, and all orders, rules and processes proper to give effect to the same. The General General Assembly ay Assembly shall have power to provide by Jaw in what man- provide how power ner the jurisdiction and power hereby conferred may be traractiisaend, iann exercised in vacation and whether by one or more Judges ibjnroanejnodrgas of the Supreme Court. Section 12. The Supreme Court shall always consist of Supreme the three Justices composing it except in case of a vacancy three Judges or vacancies in their number or in case any one or two of them shall be incapacitated or disqualified to sit by reason tilimavaacgeol iosed of interest, in any of which cases the Chief Justice of the qvaucaalinfcicya,t idoins - 10 AMENDMENT TO CONSTITUTION Supreme Court, or if he be disqualified or incapacitated, the Justice who by seniority is next in rank to the Chief Jus- Orers Stnet,tice, shall have the power to designate one or more of the when said six other State Judges to sit in the Supreme Court tem-porarily to fill up the number of that court to three Justices and it shall be the duty of those of said six other State Judges, so designated, to sit accordingly, provided, however, that no one of said six other State Judges shall be so desig- Quorum, one nated to sit in the Supreme Court to hear any cause in Justice may open and which he sat below. Three Judges shall constitute a quorum adjourn Court in the Supreme Court. Any one of the Justices of the Su-preme Court may open and adjourn court. What Judge to Section 13. In matters of chancery jurisdiction in have Jurisdiction in which the Chancellor is interested or otherwise disqualified, Chancery mattersllowrh ereis the Presiding Judge of the Court of General Sessions and Chance Icing rueasitgle do r of the Orphans' Court shall have jurisdiction, or, if the said Presiding Judge is interested or otherwise disqualified, the senior Associate Judge not interested or otherwise disquali-fied shall have jurisdiction. Section 14. The Presiding Judge of the Court of Gen-eral Sessions and of the Orphans' Court or any Associate Presiding Judge shall have power, in the absence of the Chancellor =Ale any from the county where any suit in equity may be instituted Judge may grant or during the temporary disability of the Chancellor, to restraining orders in grant restraining orders, and the said Presiding Judge or absence of Chancellor any Associate Judge shall have power, during the absence Preliminary of the Chancellor from the State or his temporary disability, Injunctions granted, grant preliminary injunctions pursuant to the rules and bgye newrahlo m. No practice of the Court of Chancery ; provided that nothing Jurisdiction Conferred herein contained shall be construed to confer general jur-isdiction over the case. Governor Section 15. The Governor shall have power to com- given power to Commission mission a judge or judges ad litem to sit in any cause in any a Judge ad Mem, when of said Courts when by reason of legal exception to the Judges authorized to sit therein, or for other cause, there are not a sufficient number of Judges available to hold such CHAPTER 2 CHAPTER 2 AMENDMENT TO CONSTITUTION Court. The Commission if such case shall confine the office gfurnsosa,lie to the cause and it shall expire on the determination of the =see to the cause. The judge so appointed shall receive reasonable compensation to be fixed by the General Assembly. A mem- nfiedeseatAn ber of Congress, or any person holding or exercising an of- litem fice under the United States, shall not be disqualified from Kent ee of government being appointed a judge ad Rem official, not disqualified Section 16. The jurisdiction of each of the aforesaid Luorilgction of courts shall be co-extensive with the State. Process may be IC:iiirgangve issued out of each court, in either county, into every county.ts No costs shall be awarded against any party to a cause by aNw acrdose d by reason of the fact that suit is brought in a county other `132t81i s )1:o t than that in which the defendant or defendants may reside oththein r defendant's at the time of bringing suit. Section 17. The General Assembly, notwithstanding General anything contained in this Article, shall have power to re- ft= power to peal or alter any act of the General Assembly giving juris- tiartIPC2ripsf. diction to the former Court of Oyer and Terminer, the for-mer Superior Court, the former Court of General Sessions of the Peace and Jail Delivery, the Court of General Ses-sions, the Orphans' Court or the Court of Chancery, in any matter, or giving any power to either of the said courts. The General Assembly shall also have power to confer upon the General Supreme Court, the Court of General Sessions, the Orphans' ilisZgibligwer Court and the Court of Chancery jurisdiction and powers in tjourVicctlfgon of Courts created addition to those hereinbefore mentioned. Until the Gen- Tere eral Assembly shall otherwise direct, there shall be an Appeal to appeal to the Supreme Court in all cases in which there is Supreme Court an appeal, according to any act of the General Assembly, of Errors and Appeals 11 to the former Court of Errors and Appeals. Chancellor to exercise Section 18. Until the General Assembly shall other- Pgigf.which wise provide, the Chancellor shall exercise all the powers vests in him which any law of this State vests in the Chancellor, besides Viziedinagd the general powers of the Court of Chancery, and the Pre- Ai siding Judge of the Court of General Sessions and of the Eeersseof Orphans' Court and the Associate Judges of said Courts Superior Court Judges 12 While action pending, de-fendant may bring int° Court money for discharg-ing debt or damages Plaintiff not to recover costs, when AMENDMENT TO CONSTITUTION CITA i"rEE 2 shall each singly exercise all the powers which any law of this State vests in the Judges singly of the former Su-perior Court. Judges not to Section 19. Judges shall not charge juries with re- CashatrogeraJciiisries spect to matters of fact, but may state the questions of fact in issue and declare the law. In Civil Section 20. In civil causes where matters of fact are Causes, matters of at issue, if the parties agree, such matters of fact shall be fact tried by Court if par- tried by the court, and judgment rendered upon their deci-ties agree sion thereon as upon a verdict by a jury. In Civil Section 21. In civil causes, when pending, the Court Causes, GCeonuertr aol f of General Sessions shall have the power, before judgment, L sescirsammeanYd- of directing, upon such terms as it shall deem reasonable, ments, im-pleadings and amendments, impleadings and legal proceedings, so that by legal pro-ceedings so error in any of them, the determination of causes, accord-that Justice may be done ing to their real merits, shall not be hindered; and also of --directing the examination of witnesses who are aged, very Examination of witnesses infirm, or going out of the State, upon interrogatories de upon inter-rboagnae toersisees de bene esse, to be read in evidence, in case of the death or de-parture of the witnesses before the trial, or inability.by rea- Evidence son of age, sickness, bodily infirmity, or imprisonment, then obtained girM to attend ; and also the power of obtaining evidence from places not within the State. Section 22. At any time pending an action for debt or damages, the defendant may bring into court a sum of money for discharging the same, together with the costs then accrued and the plaintiff not accepting the same, if upon the final decision of the cause, he shall not recover a greater sum than that so paid into court for him, he shall not recover any costs accruing after such payment, except where the plaintiff is an executor or administrator. Suit not to Section 23. By the death of any party, no suit in chan- abate b death ofy Party eery or at law, where the cause of action survives, shall abate, but, until the General Assembly shall otherwise pro- CHAP TElt 2 13 AMENDMENT TO CONSTITUTION vide, suggestion of such death being entered of record, the executor or administrator of a deceased petitioner or plain- Administratore prosecute tiff may prosecute the said suit ; and if a respondent or de- suit for plain-tiff fendant dies, the executor or administrator being duly served with a scire facias thirty days before the return Executor or thereof shall be considered as a party to the suit, in the A rfiei sota got same manner as if he had voluntarily made himself a party ; ?fa rate; v te tl and in any of those cases, the court shall pass a decree, or 'wrefn aci render judgment for or against executors or administrators court to ren-der Judgment as to right appertains. But where an executor or admin- Continuance istrator of a deceased respondent or defendant becomes a party, the court upon motion shall grant such a continu-ance of the cause as to the judges shall appear proper. Section 24. Whenever a person, not being an executor or administrator, appeals from a decree of the Chancellor, or applies for a writ of error, such appeal or writ shall be no stay of proceeding in chancery, or the court to which the writ issues, unless the appellant or plaintiff in error shall give sufficient security to be approved respectively by the Chancellor, Or by a judge of the court from which the writ issues, that the appellant or plaintiff in error shall prosecute respectively his appeal or writ to effect, and pay the condemnation money and all costs, or otherwise abide the decree in appeal or the judgment in error, if he fail to make his plea good. Appeal from Chancellor or writ of error, no stay unless appel-lant or plain-tiff give se-curity to prosecute his appeal or writ to effect Section 25. No writ of error shall be brought upon No error r iat, toefr any judgment heretofore confessed, entered or rendered, unriviesYslursiant, or upon any judgment hereafter to be confessed, entered or nofienu tirnr: rendered, but within five years after the confess- prisoner ing, entering or rendering thereof ; unless the person en-titled to such writ be an infant, non compos mentis, or a prisoner, and then within five years exclusive of the time of such disability. Prothonotary to be Clerk Section 26. The Prothonotary of each county shall be of Court of the Clerk of the Court of General Sessions in and for th General e his County Sessions in 14 Authority of County in which he holds office. He may issue process, take Prothonotary recognizance of bail and enter judgments, according to law .inu d, fg e County and the practice of the court. No judgment in one county binding land In another shall bind lands or tenements in another until a testatum County. when fieri facias being issued shall be entered of record in the office of the Prothonotary .of the county wherein the lands or tenements are situated. Such Prothonotary shall perform all duties heretofore performed by the Clerk of the Peace Prothonotary to perform as Clerk of the former Court of General Sessions and the duties of Clerk of Peace former Court of Oyer and Terminer. Clerk Com-pensation Jurisdiction of certain offenses to Inferior Courts AMENDMENT TO CONSTITUTION CHAPTER 2 Section 27. The Supreme Court. shall have the power to appoint a Clerk to hold office at the pleasure of the said Court. He shall receive from the State for his services a compensation which shall be fixed from time to time by the said Court and paid monthly. Section 28. The General Assembly may by law give to any inferior courts by it established or to be established, or to one or more justices of the peace, jurisdiction of the criminal matters following, that is to say : assaults and bat-teries, carrying concealed a deadly weapon, disturbing meetings held for the purpose of religious worship, nuis-ances, and such other misdemeanors as the General As-sembly may from time to time, with the concurrence of two-thirds of all the members elected to each House pre-scribe. General The General Assembly may by law regulate this jur- Assembly ner may regulate isdiction, and provide that the proceedings shall be with man of trial and or without indictment by grand jury, or trial by petit jury, appeal Appeal and may grant or deny the privilege of appeal to the Court grunted, when of General Sessions ; provided, however, that there shall be an appeal to the Court of General Sessions in all cases in which the sentence shall be imprisonment exceeding one month, or a fine exceeding one hundred dollars. Appointment and term of Justice of Peace Section 29. There shall be appointed, as hereinafter provided, such number of persons to the office of Justice CHAPTER 2 AMENDMENT TO CONSTITUTION of the Peace as shall be directed by law, who shall be com-missioned for four years. Section 30. Justices of the Peace and the Judges of Governor to such courts as the General Assembly may establish pur- tuesatgesa nod' suant to the provisions of Section 1 or Section 28 of this V'phpeolinieucilgg- Article shall be appointed by the Governor, by and with the leio.rsativAsh o consent of a majority of all the members elected to the goellisaetnet of Senate, for such terms as shall be fixed by this Constitu-tion or by law. Section 31. The Registers of Wills of the several coun- leiglissttorshoolfd ties shall respectively hold the Register's Court in each Forsttees county. Upon the litigation of a cause the depositions of the witnesses examined shall be taken at large in writing optcP=snsses and make part of the proceedings in the cause. This court may issue process throughout the State. Appeals may be taken from a Register's Court to the Orphans' Court. In OnTaa'A.to cases where a Register of Wills is interested in questions Court concerning the probate of wills, the granting of letters of administration, or executors' or administrators' accounts, PuIltints°.1 dl the cognizance thereof shall belong to the Orphans' Court. tiaovne. c-wen Section 32. An executor or administrator shall file rale:ATI% every account with the Register of Wills for the county, (alldexaegi'lir-s who shall, as soon as conveniently may be, carefully examinelositir= in the particulars with the proofs thereof, in the presence of trifirer of such executor or administrator, and shall adjust and settle the same according to the right of the matter and the law of the land ; which account so settled shall remain in his office for inspection ; and the executor or administrator, shall within three months after such settlement give notice in Notice to writing to all persons entitled to shares of the estate, or to le)nutied their guardians, respectively, if residing within the State, that the account is lodged in the said office for inspection. Exceptions may be made by persons concerned to both roxeggrnst. sides of every such account, either denying the justice of the allowances made to the accountant or alleging further 15 16 Heard in Orphans' Court Style in process and public acts Chancellor Associate Judges, how designated AMENDMENT TO CONSTITUTION CHAPTER 2 charges against him ; and the exceptions shall be heard in the Orphans' Court for the county; and thereupon the ac-count shall be adjusted and settled according to the right of the matter and the law of the land. Section 33. The style in all process and public acts shall be THE STATE OF DELAWARE. Prosecutions shall be carried on in the name of the State. Present Judges Section 34. The six State Judges in office at the time to fill out treercmeisv e ancodm - this amended Article IV of this Constitution becomes effec-pensation tive shall hold their respective offices until the expiration of their terms respectively and shall receive the compensa-tion provided by law. They shall however be hereafter designated as follows, The Chancellor shall continue to be designated as Chancellor: Chief Justice designated as The Chief Justice shall hereafter be designated as Pre- Presiding Judge siding Judge of the Court of General Sessions and of the Orphans' Court : The Associate Judges shall hereafter be designated as Associate Judges of the Court of General Sessions, and of the Orphans' Court. Pmeantdteinrsg to be Section 35. All writs of error and appeals and pro- 1,), !ITgeeinew ceedings depending, at the time this amended Article IV of Supreme Courtthis Constitution becomes effective, in the Supreme Court as heretofore constituted shall be proceeded with in the Su-preme Court hereby established, and all the books, records Books, Records and papers of the said Supreme Court as heretofore con-stituted shall be the books, records and papers of the Supreme Court hereby established. Transfer of All suits, proceedings and matters depending, at the suits and rec-oSrudpse rioofr time this amended Article IV of this Constitution becomes oCrOcitItiercurrt effective, in the former Superior Court, and all books, rec- Setislons ords and papers of the said court, shall be transferred to CHAPTER 2 AMENDMENT TO CONSTITUTION the Court of General Sessions hereby established and the said suits, proceedings and matters shall be proceeded with to final judgment and determination in the said Court of General Sessions hereby established. All indictments, proceedings and matters of a criminal Matters In nature depending in the former Court of General Sessions ci a s:snsrILI and and in the former Court of Oyer and Terminer, at the time goyteurtag this amended Article IV of this Constitution becomes effec- uearnnimnerrred to tive, and all books, records and papers of said former Courtrci foal; rCaoi ur t of of General Sessions and former Court of Oyer and Terminer sessions shall be transferred to the Court of General Sessions hereby established, and the said indictments, proceedings and mat-ters depending shall be proceeded with to final judgment and determination in the said Court of General Sessions hereby established. The Court of Chancery is not affected by this amended court ot Chancery not Article IV of this Constitution. affected by this amended Article 4 Approved April 22, 1931. 17 TITLE TWO Jurisdiction and Property of the State CHAPTER 3 JURISDICTION AND PROPERTY OF THE STATE AN ACT, consenting to the acquisition by the United States of Land, Water, or Land and Water, within the State of Delaware, for Migratory Bird Reservations, Au-thorized by Act of Congress of February 18, 1929. Be it enacted by the Senate and House of Representa-tives of the State of Delaware in General Assembly met: consent of Section 1. Consent of the State of Delaware is given to State to amciqguriastiotir°yn of the acquisition by the United States, by purchase, gift, rryerva- devise or lease of such areas of land or water, or of land United States and water, in the State of Delaware, as the United States may deem necessary for the establishment of migratory bird reservations in accordance with the Act of Congress approved February 18, 1929, entitled "An Act to more effec-tively meet the obligations of the United States under the Migratory Bird Treaty with Great Britain by lessening the dangers threatening migratory game birds from drainage and other causes by the acquisition of areas of land and of water to furnish in perpetuity reservations for the adequate protection of such birds ; and authorizing appropriations for Delaware to the establishment of such areas, their maintenance and im- reserve cer-ttiaoinn jurisdic- provement and for other purposes," reserving, however, to the State of Delaware full and complete jurisdiction and au- 18 JURISDICTION AND PROPERTY OF THE STATE thority over all such areas not incompatible with the ad-ministration, maintenance, protection and control thereof by the United States under the terms of said Act of Con-gress. Approved March 30, 1931. CHAPTER 3 19 20 CHAPTER 4 PUBLIC LANDS AN ACT to amend an act entitled "An Act Establishing a Permanent Park for the Use and Enjoyment of the People of this State Out of or From Certain Public Lands, Situated at Rehoboth, Delaware, and East of Surf Avenue in said Town," approved March 30, 1927, by extending the limits of Public Lands devoted to Park Purposes: Be it enacted by the Senate and House of Representa-tives of the State of Delaware in General Assembly met: Section 1. That an Act entitled "An Act establishing a permanent park for the use and enjoyment of the people of this State out of or from certain public lands, situated Amending at Rehoboth, Delaware, and East of Surf Avenue in said Act ot March 30. 1927. Town," approved March 30, 1927, be and the same is hereby regarding Park at amended by striking out the words "Henlopen Avenue in Rehoboth the said Town extended to high water of the Atlantic Ocean" in the fourth and fifth lines of Section 1 of said Act, and inserting in lieu thereof the words "lands of -Wilbur S. Corkran." Approved April 6, 1931. 21 CHAPTER 5 STATE HOUSE AN ACT Making provision for the acquisition of Lands and Easements for the State of Delaware and for the Con-struction, Equipment, Decoration and Furnishing of a Building for the General Assembly and for other State uses. Be it enacted by the Senate and House of Representa-tives of the State of Delaware in General Assembly met: Section 1. That the Governor of The State of Delaware Governor be and he is hereby authorized and directed to name four faiiirefig persons who together with the Governor shall be and con- fitgale aItilid-stitute a commission of The State of Delaware to be known CGorm"nmdisss ion and styled "State Buildings and Grounds Commission of The State of Delaware." The said Commission shall be vested with the powers and duties in this Act declared. In case of a vacancy on the said Commission by rea-son of death, resignation or otherwise, the Governor of The State of Delaware shall appoint some person to fill the va-cancy thus occasioned. The term of office of the said Commissioners shall con- Term of office tinue until the objects and purposes of this Act have been fully accomplished. A majority of the said Commission shall constitute a icvloretriltuyi to quorum for the transaction of all business. Quorum e The members of the said Commission shall receive no Members to salary or compensation for their services, but shall be paid for their actual expenses incurred in the performance of Von"mpensa-their duties and for any money expended by them out of their personal funds in or about any of the purposes of this Act. 22 Title taken In name of State of Delaware STATE HOUSE CHAPTER 5 Section 2. The said Commission shall as soon as prac-ticable organize by electing from their members a chair-man, vice-chairman, and secretary and such other officers as they shall determine. They may employ from outside their membership an acting secretary and such other assist-ants and agents as they from time to time deem desirable. oTfefrimcesr s oafn d The term of office or employment of every officer, agent rrepslcoryig: by or employe of the Commission shall be as prescribed by the Commission said Commission. Section 3. The said Commission shall for and in the Acquisition of land name of the State of Delaware acquire by purchase, gift, or condemnation all or so much and such portion of the follow-ing lands and premises situated in The City of Dover as the said Commission shall deem desirable for the purposes of this Act ; namely, the lands and premises (other than those now belonging to The State of Delaware) lying between St. Jones' River and the east line of the Dover Green, and the oDfesfarnipdtion lands and premises lying between St. Jones' River and a desired line established by running a line from a point at the south-east corner of the office building of James M. Satterfiad and United States Corporation Company on the northeast side of the Dover Green along and parallel with the east wall of said office building northward to North Street, and the lands lying between St. Jones' River and a line extending from a point in the south line of the State land fifteen feet east of the east line of the Dover Green southward and parallel with the east wall of the residence of James M. Satterfield to Water Street. Land for State purposes The lands so acquired shall be used as sites for State buildings and for State grounds. Section 4. The title to the lands and premises acquired by purchase or gift under the provisions of this Act shall be taken in the name of The State of Delaware. In the case that any of the said lands and premises or easements z;t", Officers of Commission May employ Secretary STATE HOUSE therein are owned by or held for the use of Kent County, the Levy Court of said County are hereby empowered to consent to the sale thereof, and a deed executed and ac-knowledged by the President of the said Levy Court of Kent County and attested by the Clerk or Secretary conveying to The State of Delaware the said lands and premises or easements therein shall be deemed and held to vest in The State of Delaware an absolute title in fee simple thereto. Kent County authorized to sell land In the case that any of the lands and premises or ease-ments therein are owned by or held for the use of The City Tgh z rteor of Dover, the Council of said City are hereby empowered conve y land to consent to the gift or sale thereof to The State of Dela-ware, and a deed executed and acknowledged by the Mayor of said City and attested by the Clerk or Secretary of Coun-cil conveying to The State of Delaware the said lands and premises or the easements therein shall be deemed and held to vest in The State of Delaware an absolute title in fee simple thereto. Section 5. Whenever the said Commission cannot agree with the owner of any of the lands and premises or ease- Condemnation ments therein desired by the said Commission for the pur- of land poses of this Act, for the purchase thereof the said Com-mission may apply for and in the name of The State of Dela-ware to any judge of The State of Delaware not a member of the State Buildings and Grounds Commission of The Notice to State of Delaware for the condemnation thereof, first giving Owner seven days' notice in writing of the intended application to such owner if known and if within the State ; if such owner is absent from or a non-resident of the State, or is unknown or is under legal disability and has no legal repre-sentative present in the State, publication of such notice ,npbiliocttlgoriln shall be made in at least one issue of some newspaper pub- .tetzecgonon-lished in Kent County at least seven days prior to the date of such intended application, and such publication shall be sufficient notice thereof. Upon application made as afore-said the said Judge shall appoint five judicious and impar- CHAPTER 5. 23 24 Judge to appoint freeholders Freeholders sworn Notice Notice by publication Meeting of freeholders Hearing Assessment of damages Return Application for other freeholders STATE HOUSE CHAPTER 5 tial freeholders of Kent County to view the premises or as-certain the easement and assess the damages which the owner or owners will sustain by reason of the taking of the same, and to make return of their findings within such period as the said judge shall determine. The freeholders shall be sworn or affirmed before some officer authorized to administer oaths or affirmations, before entering on the premises or before ascertaining the easement, faithfully and impartially to perform the duties assigned them. They shall give seven days' notice in writing of the time of their meeting to view the premises or ascertain the easement to the said State Buildings and Grounds Commission of The State of Delaware and to the owner of the lands and ease-ments proposed to be condemned if known and if within the State; if such owner is absent from or a non-resident of the State, or is unknown or is under legal disability and has no legal representative present in the State, publication of such notice shall be made in at least one issue of some news-paper published in Kent County at least ten days prior to the date of the time of their meeting for the purpose afore-said, and such publication shall be sufficient notice thereof. The said freeholders shall meet at the time appointed and shall view the premises and/or ascertain the easement proposed to be condemned and shall hear the owner and his witnesses, if present, and the State Buildings and Grounds Commission of The State of Delaware and their witnesses, if present. The said freeholders shall ascertain and assess the damages that the owner- will sustain by reason of the taking of his land and/or easement, and shall return a rec-ord of their proceedings with their findings or award to the Prothonotary of Kent County according to the order or instructions of the judge by whom they were appointed. Either the State Buildings and Grounds Commission of The State of Delaware or the said owner being dissatisfied with the findings or award of the said freeholders, may within seven days after the return of the freeholders as aforesaid apply to the judge who appointed the said freeholders to STATE HOUSE appoint another set of freeholders to award damages, and thereupon the said judge shall appoint five other judicious Appointment by Judge and impartial freeholders of Kent County to view the prem-ises or ascertain the easement and assess the damages which the owner will sustain by reason of the taking of the same, and to make return of their findings within such period as the said judge shall determine. If the applicant be the own- Notice of intended er of the lands or easement sought to be condemned, he application shall give at least five days 'notice in writing of his in-tended application to the State Buildings and Grounds Commission, and if the applicant be the said State Buildings and Grounds Commission, they shall give or publish notice to the owner of the lands or easement, as hereinbefore pre-scribed with respect to the notice of the application for con-demnation, except that the time for the giving or publishing of said notice shall be at least five days prior to the applica-tion to the judge for the appointment of the second set of freeholders. The second set of freeholders appointed as Second set aforesaid shall be severally sworn or affirmed as hereinbef ore g fircoegg prescribed with respect to the first set of freeholders, and irn'starge all the foregoing provisions as to the duties of the first set of freeholders shall be deemed to apply to the second set of freeholders precisely as if the said provisions were here repeated in detail as to the said second set of freeholders. Findings final The findings or award of the second set of freeholders shall be final. If no application for a second set of freeholders be made within the time hereinbefore prescribed, the findings fralrod or award of the first set of freeholders shall be final. application The amount of damages being ascertained as aforesaid, the State Buildings and Grounds Commission of The State Payment of of Delaware may at any time within two months after the award same shall have been so ascertained, pay the amount thereof to the person or persons entitled thereto, or, if any person so entitled refuse to accept such payment or reside out of or is absent from the State at the time, or is under legal disabil- Deposit of ity and has no legal representative present in the State at piiinning: in I3ank, the time to whom the payment may be made, the damages when to which such person is entitled may be deposited to his CHAPTER 5 25 26 STATE HOUSE CHAPTER 5 credit in the Farmers Bank of The State of Delaware at Damages paid Dover within said time. Where any owner of property con- Into Superior uCnoknu rotw ifn o worn er demned as aforesai d is unknown, or his estate or interest land encumbered therein is uncertain, or where any of the property con-demned is subject to a lien, the said State Buildings and Grounds Commission of The State of Delaware may pay the damages into the Superior Court of The State of Delaware for Kent County, and the said Court shall upon proper ap-plication by any party in interest make such orders for the Superior payment or distribution of the moneys so paid into Court as Court to distribute the rights and interests of the parties shall appear to said Court. If damages be awarded for the taking of any lands Damages to Kent Co., how or easements held by or for the use of Kent County, the paid same shall be paid to the Receiver of Taxes for Kent County or be deposited in the Farmers Bank of The State of Dela Damages to - ware at Dover to the credit of Kent County. If damages be gtv,5; i';'P°ver' awarded for the taking of any lands or easements held by or for the use of The City of Dover, the same may be paid to the Treasurer of said City or be deposited in the Farmers Bank of The State of Delaware at Dover to the credit of The City of Dover. Tinit leSt to rest Upon payment as aforesaid of damages awarded under ate upon dpaepyomseitn t ofo r any of the provisions of this Act, or upon deposit of the damages same in Bank as aforesaid, or upon payment thereof into Court as aforesaid, the title to the lands and/or easements for the taking of which the said damages were awarded shall immediately vest in The State of Delaware absolutely. Pee to free-holders paid Each freeholder serving in condemnation proceedings by CbmM1581" under this Act shall be entitled to a fee of Five Dollars per day, which fee together with all other expenses of the con-demnation proceedings shall be paid by the State Buildings and Grounds Commission of The State of Delaware. Altering of Streets Section 6. Should it be thought desirable by the said Commission to widen and/or straighten or alter any street abutting upon any of the lands acquired under the pro- CHAPTER 5 STATE HOUSE 27 visions of this Act, they may cause to be laid off so much and such portion of the land so acquired as they shall deem necessary or proper to effect such widening, straightening DreeseccrrArelion or altering, and shall cause a description thereof to be re-corded in the office of the Recorder of Deeds for Kent County and State of Delaware, and thereupon the land so described shall be deemed and held to be a dedication to the public irtrdei:tistion of for street uses and to be under and subject to the juris- Jurisdiction of diction of the municipal authorities having supervision over aucnorrities the streets of The City of Dover without any further or other act, acceptance, or consent. Section 7. The said Commission shall cause the lands laaunrdvso Ya coqfu ired acquired under the provisions of this Act to be surveyed, laid out and beautified to the end that the same may be used for sites for State buildings to meet the needs of the State TvZofsoers State for adequate quarters for the General Assembly, the Gover-nor, Secretary of State and other State officials, and for State departments, boards and commissions functioning at Building. the State Capital, and for State grounds ; and may cause 1.r=vbeed buildings being on said lands at the time they are acquired to be taken down or removed. The said Commission shall have power to make and Commission enter into contracts for services, labor and materials needful Tg tec:pct or proper for the purposes aforesaid or any of them, and to ass, s employ such assistants as they shall require in the perform-ance of their duties. Section 8. The said Commission is empowered and di-rected to cause to be erected and equipped on some portion of the land acquired under this Act a State building adequate and appropriate for the holding of the session of the Gen-eral Assembly of this State, and for the sitting of the State Senate and the State House of Representatives in separate chambers, and with convenient and adequate rooms for the meetings of committees of the two Houses and for other legislative needs, and with adequate and appropriate rooms State Building for General Assembly 28 CHAPTER 5 STATE HOUSE Offices for and offices for the occupancy of the Governor and the Sec- Governor and SccretarY of retary of State during legislative sessions and such other State times as they shall desire. Commission The said Commission shall have power to make and tgo I vemna kpeo wer enter into contracts for the construction and equipment of contracts the building aforesaid and/or for labor, materials, supplies and instrumentalities necessary or proper for such construe- Bids if ex- tion and equipment ; but where any such contract involves penditure is over $1,000.00 the expenditure of more than One Thousand Dollars, the said Commission shall first ask for bids by advertisement pub- Publication fished at least once a week for two weeks in at least one newspaper in each of the three counties of this State, two Right to weeks at least before the time for the receiving of said bids, reject bids the said Commission reserving the right to reject any and all bids. In awarding contracts required to be advertised as Preference to aforesaid the Commission shall give preference to the low- lowest bidder est bidder, unless the said Commission shall not be suffi-ciently satisfied that the contract of such bidder will be fulfilled in the mode or manner best for the interest of the State. Bond of The said Commission shall require the party awarded successful bidder any contract required to be advertised for bids as aforesaid to give bond for the performance of such contract in such amount and in such form and with such provisions, stipula-tions and conditions (including payment of persons per-forming labor and/ or rendering any kind of service and/or furnishing materials in the execution of such contract) as the said Commission shall prescribe and with such surety as the said Commisison shall approve. The said Commission shall have power to employ an Commission engineer or engineers and an architect or architects and to employ engineers and such other employees as the said Commission shall deem architects essential to the proper and expeditious performance of their To fix aforesaid duties, and to fix their salaries or compensation cdoismmpisesn sation, and their length of service and to dismiss them for any cause which the said Commission shall deem sufficient. STATE HOUSE Section 9. The said Commission shall have power to Commission make and enter into contracts for the ornamentation,. dee- given oitraevr oration, and furnishing of the building referred to in the Mrndealojaiu r_ preceding section of this Act, and the rooms and halls gull% therein, and to employ such assistants and helpers as they shall deem necessary or proper. Section 10. That the sum of Seven Hundred and Fifty $750,000 Thousand Dollars be and the same is hereby appropriated appropriated out of the State Treasury to be paid by the State Treas-urer for the purposes of this Act, and the State Treasurer is State hereby authorized and directed to pay up to said sum all Ttoreapsattyrer warrants of the said Commission signed by the Chairman warrants or Vice-Chairman and attested by the Secretary or Acting Secretary of said Commission. No portion of the money appropriated as aforesaid shall Appropriation be deemed or held to revert at the end of any fiscal year, not to revert but the said appropriation shall remain in force until the objects and purposes of this Act have been fully accomp-lished or until the whole of the aforesaid sum of Seven Hundred and Fifty Thousand Dollars has been fully ex-pended. Approved April 25, 1931. CuArnim 5 29 30 CHAPTER 6 STATE LIBRARIAN AN ACT to Amend Chapter 5, Revised Code of Delaware, as Amended by Chapter 4, Volume 36, Laws of Delaware, in Reference to the Salary of the State Librarian. Be it enacted by the Senate and House of Representa-tives of the State of Delaware in General Assembly met: Amending Section 1. That Chapter 5, Revised Code of Delaware, as amended as amended by Chapter 4, Volume 36, Laws of Delaware, be by Ch. 4, Vol. 36 Laws and the same is hereby further amended by striking out and of Delaware repealing the words and figures "Twelve Hundred Dollars ($1200.00)" as they appear in the second and third lines of Salary State 24, Section 2, of said Chapter 5, as amended, and by insert- Librarian ing in lieu thereof the following: "Eighteen Hundred Dollars ($1800.00)". Approved May 6, 1931. TITLE THREE State Revenue and Supplies CHAPTER 7 STATE REVENUE FRANCHISE TAX AN ACT to amend Article 8 of Chapter 6 of the Revised Code of the State of Delaware as heretofore amended relative to the State Revenue from Domestic Corpo-rations. Be it enacted by the Senate and House of Representa-tives of the State of Delaware in General Assembly met: Section 1. That Article 8 of Chapter 6 of the Revised 103, Sec. 611. Code of 1915, of the State of Delaware, be and the same isgli LcAhstri. hereby amended by striking out all of 103, Section 66, of the =ended Revised Code of 1915, of the State of Delaware, as heretofore amended, and by inserting in lieu thereof the following: 103. Section 66. Annual Reports to Secretary of State ; Form and purpose of ; Penalties for not Filng; How Direc-tor may free himself from disability incurred ; In Default of Report or without Resident Agent, Service of Process may be made on Secretary of State ; Effect of; Process Book, how kept by Secretary of State : Annually on or be- Annual fore the first Tuesday in January, it shall be the duty offle^11,54 ron every corporation now existing or hereafter incorporated under the provisions of the General Corporation Law of Delaware, by its President, Secretary, Treasurer or other iduartr proper officer thereof, or by any two of its directors, or by Incorporators any two incorporators thereof in the event the board of direc-tors thereof shall not have been elected, to make an annual report to the Secretary of State, stating specifically with the 31 FRANCHISE TAX Report to degree of particularity required by Paragraph 2, Section 5 sjit:rihricclaptrilni of Chapter 15, being Section 1919 of the Revised Code of office, agent, location of the State of Delaware, the location of its principal office in places sOf this State; the name of the agent upon whom service of without the State process against said corporation maybe served; the location or locations (city or cities, town or towns, street or streets and number of same, if number there be) of the place or Report to places of business of said corporation without this State; state names. addresses of directors and the names and addresses of all the directors and officers of officers the corporation and when the terms of each expire ; the date Date of annual appointed for the next annual meeting of the stockholders meeting of stockholders Shares of stock au-thorized and Issued Capital in-vested in Delaware Taxes paid for the election of directors; the number of shares of each class of the capital stock which is to be issued, if any, and the amount of the par value stock, and the number of shares actually issued of each class of the capital stock which is to be issued, if any, and the amount of the par value actually issued ; the amount of capital invested in real estate and manufacturing in the State of Delaware, and the taxes paid thereon; and, if exempt from taxation for any cause, the specific facts entitling such corporation to exemp-tion from such taxation. If such annual report is not so made and so filed by the tnY corporation or if any corporation shall neglect or refuse to yiggileg,t" make such report, the Secretary of State shall ascertain and fix the amount of the annual franchise tax as determined upon a basis by him deemed to be most practicable and the amount so fixed by him shall stand as such basis of taxation trfue under the provisions of this Article. In the event of neglect, report refusal or failure on the part of any corporation to make such annual report to the Secretary of State within three months after the first Tuesday in January, as heretofore provided, the corporation shall pay the sum of twenty-five dollars to be recovered through an addition of this amount to the franchise tax as above determined and fixed, and such additional sum shall become a part of the franchise tax as so determined and fixed, and be collected in the same manner and subject to the same penalties. If such report shall not 32 CHAPTER. 7 FRANCHISE TAX be so made and filed, all the directors of any such corpora-tion, who shall wilfully refuse to comply with the provisions herein set forth and who shall be in office during the default, shall at the time appointed for the next election, and for a period of one year thereafter, be thereby rendered ineligible for election or appointment to any office in the corporation as director or otherwise; no director shall be thus disquali-fied for the failure to make and file such report, if he shall file with the Secretary of State, before the time appointed for holding the next election of directors after such default, a certificate stating that he has endeavored to have such re-port made and filed, but that the officers have neglected to make and file the same, and shall report the items required to be stated in such annual report so far as they are within his knowledge, or are obtainable from sources of such infor-mation open to him, verified by him to be true to the best of his knowledge, information and belief. If any officer or director of a corporation required to make an annual report to the Secretary of State shall, in such return, make any false statement, he shall be deemed guilty of perjury. plrectors wilfully re-fusing to comply, in- VegcitToen ftoor office False statement In report deemed perjury Directors may file Certificate and remove ineligibility All corporations, accepting the provisions of the Consti-tution of the State of Delaware, and coming under the pro- nea2rgir visions of the General Corporation Law of this State, and of State all corporations now existing or hereafter to be in incor-porated under the provisions of said law, shall make and file an annual report with the Secretary of State as herein-before provided in this Section ; upon failure, neglect, or SmrutLY1g! refusal to file such annual report-the Secretary of State shall Mnino investigate the reasons therefor with the view of having the report charter of such corporation forfeited in accordance with the provisions of Section 67 of Chapter 65 of the Revised Code Yg I; fret ir ° of 1915; provided, however, that in the discretion of the Secretary of State the filing fee may be omitted _(*) in the Discretion of case of a charitable or beneficial organization, carried on State regard-fili fee without profit, or a corporation that is required to file a re-ing ng port with the Insurance Commissioner or the State Bank Commissioner for which a fee is collected. so enrolled CHAPTER 7 33 Secretary of State shall forward and keep annual reports 104-5 07 Art. 8, 0. 6 of R. 0. amended Section 2. That Article 8 of Chapter 6 of the Revised Code of 1915, of the State of Delaware, be and the same is hereby amended by striking out all of 104, Section 68, of the Revised Code of 1915, of the State of Delaware, as here-tofore amended, and by inserting in lieu thereof the follow-ing: 34 CHAPTER 7 FRANCHISE TAX The Secretary of State shall, upon application, forward blank annual reports in proper form, and shall safely keep all reports returned in such manner as they may be open to the inspection of all persons at proper hours. Service of In case any such corporation shall fail to file such re- Speroccreetsasr y upoof n port within the time required by this Section, and in case State the agent in charge of the principal office of any such cor-poration upon whom process against such corporation may be served, shall die, or shall resign, or shall refuse to act as such, or shall remove from the State of Delaware, or such agent cannot with due diligence be found, it shall be lawful while such default continues, to serve process against such corporation upon the Secretary of State, and such service shall be as effective to all intents and purposes as if made upon the President or head officers of such corporation, and Notice by within two days after such service upon the Secretary of Secretary of State State as aforesaid, it shall be the duty of said Secretary of State to notify such corporation thereof by letter directed to such corporation at its registered office, in which letter shall be enclosed a copy of the process or other paper served ; Plaintiff to and it shall be the duty of the plaintiff in any action ih which pay fee said process shall be issued to pay to the Secretary of State, for the use of the State, the sum of three dollars, which said sum shall be taxed as a part of the costs in said suit, if the Process Book Plaintiff shall prevail therein ; the Secretary of State shall keep a book to be called the "Process Book", in which shall be entered alphabetically, by the name of the plaintiff and defendant therein, the title of all causes in which pro-cesses have been served upon him, the text of the process so served, the return day thereof, and the day and hour when the service was made. CHArTER 7 FRANCHISE TAX 104. Section 67. Rates of Franchise Taxes ; All cor-porations, accepting the provisions of the Constitution of T" Rat" the State of Delaware and coming under the provisions of the General Corporation law of this State, and all corpora- Annual tions which have heretofore filed or may hereafter file a cer- Tax payable tificate of incorporation under the provisions of said corpora-tion law, shall pay an annual franchise tax to the State Tax Department as follows: Where the authorized capital stock does not exceed two 250 shares hundred and fifty shares, five dollars ; where the authorized capital stock exceeds two hundred and fifty shares but is not more than one thousand shares, ten dollars ; where the 1,000 shares authorized capital stock exceeds one thousand shares but is not more than three thousand shares, twenty dollars ; where 3,000 shares the authorized capital stock exceeds three thousand shares but is not more than five thousand shares, twenty-five dol- 5,000 shares lars; where the authorized capital stock exceeds five thou-sand shares but is not more than ten thousand shares, fifty 10,000 shares dollars ; and the further sum of twenty-five dollars on each $25.00 ten thousand shares or part thereof, provided, however, that candedilitiftWoon in no case shall the tax payable at the foregoing rates for a full taxable year be less than five dollars nor more than Minimum and twenty-five thousand dollars. For the purpose of computing maximum the tax on par value stock each one hundred dollar unit of authorized capital stock shall be counted as one taxable computing share. In case the corporation has not been in existence dur- Taxes ing the whole year, the amount of tax due, at the foregoing going rates and as above provided, shall be prorated for the portion of the year during which the corporation was in ex-istence. In case a corporation shall have changed during Change in capital the taxable year the amount of its authorized capital stock, stock Tax , h w the total annual franchise tax payable at the foregoing rates determined shall be arrived at by adding together the franchise taxes calculated as above set forth as prorated for the several periods of the year during which each distinct authorized amount of capital was in effect. Every corporation which thffargines. s shall show by a supplemental affidavit attached to its annual onfongrgoonn 35 36 109-S 72. of It. C. amended 100-S 72 Review of assessment of tax by State Tax Board Powers of Board FRANCHISE TAX CHAPTER 7 report, duly sworn to by its President and Secretary or Treasurer, or two of its Directors, or any two of its incor-porators if directors or officers have not been elected, that it has not been engaged in any of the business activities for Taxes at one-half rate. which it was granted a certificate of incorporation shall pay when only at the rate of one-half of the amount of taxes scheduled above for such portion of the year as it shall not have been so engaged and at the full rate for the remainder of the AfTidavit to state facts year. Any such affidavit shall state fully the pertinent facts upon which the claim for one-half rate is based. For the purpose of computing the taxes imposed by this Total author-ized capital section, the authorized capital stock of a corporation shall Stock basis of tax be considered to be the total number of shares which the corporation is authorized to issue, whether or not the number of shares that may be outstanding at any one time be limited to a less number. Section 3. That Article 8 of Chapter 6 of the Revised C 6 Code of 1915, of the State of Delaware, be and the same is hereby amended by striking out all of 109, Section 72, of the Revised Code of 1915, of the State of Delaware,. as here-tofore amended, and by inserting in lieu thereof the follow-ing: 109. Section 72. Review of Assessment ; Proceedings for; Refunds ; Statistics ; Limitations of: (A) The State Tax Board as provided for in Chapter 8, Volume 36, Laws of Delaware, shall for the purposes of this Act be vested with all the powers and duties nbw vested in that Board under Chapter 8, Volume 36, Laws of Delaware, and is espe-cially authorized (a) to decide all questions of policy sub-mitted by the Secretary of State pertaining to the assess-ment of franehise taxes ; (b) to hear all complaints and ap-peals and all petitions for review of the assessments of fran-chise taxes and/or of penalties provided for by this Article, with power to affirm, modify or reverse, in whole or in part, any assessments of franchise taxes and./or of penalties made or imposed by the Secretary of State. 7 CHAPTER 7 37 FRANCHISE TAX (B) The State Tax Department may examine or cause State Tax to be examined annual reports of all corporations assessed at may examine a rtm rates less than the full rate of franchise tax provided in Sec- AreTrtI, when tion 67, and annual reports of all corporations petitioning for a reduction of franchise taxes from the full rate at the 1 direction of the State Tax Board. Any corporation may within the period of six Corporation months after the assessment apply to the State Tax Board TicKin91,Y, for a refund ar reduction of taxes by this Act claimed to Tiunqc of,Frf 3 be erroneously or illegally assessed and thereafter collected, taxes n 1 or of interest or penalties claimed to have been assessed and thereafter collected without authority, or of any payment r claimed to have been excessive. If the Tax Board shall de- 1 termine that the tax, interest and/or penalties assessed are Tax Board excessive or incorrect, in whole or in part, it shall resettle to adiust the same and adjust the assessment of tax, interest or claims penalties accordingly, and shall notify the corporation and the Secretary of State of such determination and direct the Tax Department to refund to the corporation any amount paid in excess of the proper amount of tax, interest and/or penalties so determined to be due. The Tax Board shall be Tax Board further empowered to revise the penalty provided in Section may revise penalty 103, Section 66 of the Revised Code of the State of Delaware as amended. An Appeal may be taken to the Superior Court emit to of the State of Delaware from any decision, determination Cici)IF try State or final action of the State Tax Board under this Section by TycpcOtreadt ion 1 the State of Delaware or by any corporation affected thereby within sixty days after notification thereof and such Court may by its judgment affirm, modify or reverse the same in whole or in part. Repayment Fund: The Tax Department shall re- Repayment tam n in its hands out of the revenue collected from the taxes imposed by this Act, or by Chapter 6, Article 8 of the Re-vised Code of 1915, as heretofore amended, a sum sufficient to provide at all times a fund of twenty thousand dollars, out of which it shall pay any refunds to which corporations Taxes and matters not affected by this Act. Approved April 22, 1931. FRANCHISE TAX shall become entitled under the provisions of this Act. Said Fund dwehpeorsel t e fund shall be deposited in the financial institution which is the legal depository of State moneys to the credit of the 10311sbeurrds:rblPf E, State Tax Department and shall be disbursable on order of State Tax Commissioner the State Tax Commissioner. (E) The State Tax Department shall prepare and pub- State Tax lish an annual report containing such statistics as may be Department to publish available with respect to the operation of this Act, including annual report the amounts collected and amounts unpaid for each year for which the tax is assessed, and such other facts as are deemed pertinent and desirable. 38 CHAPTER 7 Section 4. That no franchise tax assessed or assess-able during the calendar year 1930, or any prior year, under the provisions of 103, Section 66, 104, Section 67, and 109, Section 72, as heretofore existing, and no assessment, suit, proceeding, or matter of any kind with respect thereto, shall Sections of be in any wise affected by this Act, and the provisions of Law Involved said 103, Section 66, 104, Section 67, and 109, Section 72 as heretofore existing, shall be continued in full force and effect as to all such taxes, assessments, suits, proceedings and matters. Section 51 If any word, clause, sentence, paragraph or affect re-mainder of Act tionality of fact not to Unconstitu-otherwise invalid, such judgment shall not affect, impair or Court of competent jurisdiction to be unconstitutional or part of this Act shall, for any reason, be adjudged by any invalidate the remainder of this Act, but shall be confined in its operation to the word, clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered. Repeal of Section 6. That all Acts or parts of Acts inconsistent Acts Inconsistent with this Act be and they are hereby repealed to the extent of such inconsistencies only. CHAPTER 8 STATE REVENUE INHERITANCE TAX AN ACT to amend Chapter 6 of the Revised Code of the State of Delaware, as amended, relating to Inheritance Tax. Be it enacted by the Senate and House of Representa-tives of the State of Delaware in General Assembly met: Section 1. That Chapter 6 of the Revised Code of the State of Delaware (1915), as amended, be and the same is hereby further amended by striking out all of 146. Section 109 to 152 Section 115, both inclusive, as amended, and by substituting in lieu thereof the following: 39 140 S 109 to 152-S 115 of R. C. amended 146. Sec. 109. Property subject to tax ; exemp-tions :All property, real and personal, and every estate JPerco tpetr0t ytt ax sub-and interest therein, legal or equitable, belonging to any per-. son who at the time of his death was a resident of the State ate:gent of of Delaware and which passes by will or by the intestate laws of this State, or by deed, grant, gift or settlement (ex- Exception cept in cases of a bona fide purchase for full consideration in money or money's worth) made in contemplation of death or intended to take effect in possession or enjoyment at or after the death of the grantor, donor, or settlor to any per-son or persons, body politic, or corporate (whether resident or non-resident of this State) in trust or otherwise, shall be subject to the tax specified in this Act ; all tangible per- lopgpccgrty sonal property having an actual situs in this State, and all dent rtia xable real property actually situated in this State and every estate and interest therein, legal or equitable, belonging to any person who at the time of his death was not a resident of this State and which passes by will or intestacy, or by deed, grant, gift or settlement( except in cases of a bona fide purchase for full consideration in money or money's worth) made in contemplation of death or intended to take effect in INHERITANCE TAX possession or enjoyment at or after the death of the grantor, donor or settlor to any person or persons, body politic, or corporate (whether resident or non-resident of this State) in trust or otherwise, shall be subject to the tax specified in this Act. Whenever any person or persons, institution or corpora-tion shall exercise a general power of appointment derived Appointment deemed a from any disposition of property made either before or transfer after the passage of this Act, such appointment when made, Property sub- shall be deemed a transfer subject to the tax specified in ject to tax this Act in-the same manner as though the property to which such appointment relates belonged absolutely to the donee of such power and had been bequeathed or devised by such donee by will. Whenever property is held by joint tenants, or by ten- Property held ants by the entirety, or is deposited in banks or other insti-allinnta: g- tutions or depositaries in the joint names of two or more per- - 11 trartigtY sons and payable to either or the survivor upon the death of in joint ac-counts. one of such persons, the right of the surviving joint tenant, tenant by the entirety, or other such person or persons, to Taxable, when the immediate ownership or possession and enjoyment of such property shall be deemed a transfer taxable under the proVisions of this Act in the same manner as though the whole property to which such transfer relates had been owned by said tenants or persons as tenants in common and the share of the deceased joint tenant, tenant by the entirety or other such person, had been bequeathed or de-visd by will to the surviving joint tenant or tenants, tenant by the entirety, or other person or persons. Whenever real property is referred to in this Act, it Act refers CO shall be deemed and held to mean real property actually sit- real property within State uated -within this State but not real property actually sit-personal uated without this State, unless otherwise specified ; and dPerfoipneerdt y whenever personal property is referred to in this Act it shall be deemed and held to mean all kinds of personal property 40 CHAPTER 8 1 CHAPTER 8 41 INHERITANCE TAX whether tangible or intangible except tangible personal property having an actual situs without this State, unless otherwise specified. The estates of persons who at the time of their death were non-residents of the State of Delaware, and the gifts 0 t s C.4 nosnatreentaents and legacies in the last will and testament of every such non- exemPt resident, and the distributive shares of the intestate estate of every such non-resident shall be exempt from taxation in this State except the real property of such non-resident, Except real actually situated in the State and except also the tangible F4eigruut personal property of such non-resident having an actual situs 'flatItit tus in this State, which real property and tangible personal property having an actual situs in this State shall be sub-ject to the provisions of this Act. Any transfer of a material part of the property of a Disposition of decedent in the nature of a final disposition or distribution within two thereof, made by the decedent within two years prior to his ydeenrth pcfehemr cc3l death, without full consideration in money or money's worth, tmemadAsittmr1(1)i shall, unless shown to the contrary, be deemed to have been udeepattnEx" made in contemplation of death within the meaning of this Act. The proceeds of policies of life insurance payable other- Deociiel`sVaL wise than to the estate of the insured and whether paid di- Policies exempt redly by the insurer to beneficiaries designated in the poli-cies or to a trustee designated therein and held, managed and distributed by such trustees to or for the benefit of such persons or classes of persons under such plan and in such estates as may have been prescribed by the insured under agreement with such trustee shall be exempt from and not subject to the provisions of this Act. Any property, estate or interest devised or bequeatheu Property for charitable, educational, library, hospital, historical or cetteu.captulorigs.es. religious purposes or for purposes of public benefit or im- exempt 42 Class A To husband or wife Rates 1% between $20,000 and $50,000 2,70 between $50,000 and $100,000 Class B To parent, grandparent, etc. INHERITANCE TAX CHAPTER 8 provement, shall be exempted from and not subject to the provisions of this Act. 147-5 110 147. Sec. 110. Tax how paid ; rates :The estate, interest or distributive share of every person, body politic or corporate in all property taxable under the provisions of this Tax computed Act shall be subject to the tax prescribed by this Act. The tax imposed by this Act shall be computed upon the fair market value at the time of the death of the decedent of the Rates property subject to the tax at the rates hereinafter pre-scribed : Class A. Where the property or any interest or estate therein passes to or for the use of a husband or wife, the tax on such property, interest or estate shall be at the fol-lowing rates : On that part of its value exceeding Twenty Thousand Dollars ($20,000) and not exceeding Fifty Thousand Dol-lars ($50,000) one per cent ; On that part of its value exceeding Fifty Thousand Dollars ($50,000) and not exceeding One Hundred Thou-sand Dollars ($100,000) two per cent ; On that part of its value exceeding One Hundred Thou- 3.7e between $100,000 and sand Dollars ($100,000), and not exceeding Two Hundred $200,000 Thousand Dollars ($200,000), three per cent ; On that part of its value exceeding Two Hundred Thou- it exceed-ing $200.000 sand Dollars ($200,000), four per cent ; Class B. Where the property or any interest or estate therein passes to or for the use of a parent, grandparent, child by birth, wife or widow of a son or the husband or widower of a daughter, a child by legal adoption, or lineal descendant of the testator, intestate grantor, donor or set-tlor (hereinafter called the decedent), the tax on such CHAPTER 8 48 INHERITANCE TAX property, interest or estate then shall be at the following rates: On that part of its value exceeding Three Thousand I% between Dollars and not exceeding Thirty Thousand Dollars, one per Ii00,00and cent; On that part of its value exceeding Thirty Thousand 2% between Dollars and not exceeding One Hundred Thousand Dollars, 11140,80". two per cent; On that part of its value exceeding One Hundred Thou- :780b0earanend sand Dollars and not exceeding Two Hundred Thousand $20 0:. 0 00 Dollars, three per cent; On that part of its value exceeding Two Hundred Thou- 4% f ex-ceeding i sand Dollars, four per cent ; $200,000 Class C. Where the property or any interest or estate class 0 therein passes to or for the use of (1) a brother, or sister, 'Efics'ay,c'telg.r. either of the whole or half blood, of the decedent or of any brother or sister of the decedent's parent or grandparent, or (2) a lineal descendant of any such brother or sister, the tax shall be at the following rates: On that part of its value exceeding One Thousand Dol- Porvirdn lars and not exceeding Twenty-five Thousand Dollars, two $25,000 per cent ; On that part of its value exceeding Twenty-five Thou- yi oborwaenecr sand Dollars and not exceeding One Hundred Thousand Dol- sioih000 lars, three per cent ; On that part of itsV1II.1 10 oItnceCiIng une Hundred Thou-.r40 lara l sand Dollars and not exceeding Two Hundred Thousand 82"):°°° Dollars, four per cent ; On that part of its value exceeding Two Hundred Thou- Vlecilfn:x-sand Dollars, five per cent. . $200,000 5* not exceeding $25000 0% between 825,000 and $100,000 between $100,000 and $200,000 0% if exceeding $200,000 148-8 111 Estates valued by Register of Wills Property passing In trust with estate of each beneficiary valued separately INHERITANCE TAX Class D. In case of property or any interest or estate gir %Sr DD ersons therein passing to or for the use of any person, not described in Class A, Class B or Class C of this Section, the tax shall be at the following rates : On that part of its value not exceeding Twenty-five Thousand Dollars, five per cent ; On that part of its value exceeding Twenty-five Thou-sand Dollars and not exceeding One Hundred Thousand Dollars, six per cent ; On that part of its value exceeding One Hundred Thou-sand Dollars and not exceeding Two Hundred Thousand Dollars, seven per cent. On that part of its value exceeding Two Hundred Thou-sand Dollars, eight per cent. 148. Sec. 111. Valuation of estate; determination of tax ; appeal :The estate or interest of every person, body politic or corporate, in all real and personal property, tax-able under the provisions of this Act, whether in remainder, reversion or otherwise, or in trust or otherwise, or condi-tioned upon the happening of a contingency or depending upon the exercise of a discretion, or subject to a power of appointment or otherwise, and all annuities taxable as afore-said under the provisions of this Act, shall be valued by the Register of Wills for the purpose of determining the amount of tax to be collected from such person, body politic or corporate under the provisions of this Act. When the property shall pass in trust or otherwise, to one or more persons, bodies pontie or corporate, for a term of years or a greater estate or interest and with remainder or reversion to one or more other persons, bodies politic, or corporate, the estate or interest of each beneficiary shall be valued separately according to recognized tables of mortality. 44 CHAPTER 8 CHAPTER 8 45 INHERITANCE TAX In estimating the value of any estate or interest in property to the beneficial enjoyment or possession whereof 700, allooNzgee there are persons or corporations presently entitled thereto, gen4 no allowance shall be made in respect of any contingent en-cumbrance thereon nor in respect to any contingency upon the happening of which the estate or property, or some part thereof, or interest therein might be abridged, defeated or diminished. Estates or interests in expectancy which are contingent Estates, in or defeasibie shall be taxed at the rate which would obtain expectacy if such estate or interest fell into possession at the time of Bow the determination of the tax. Where any beneficiary has died or may hereafter die before receiving his or her share of the estate to which he getr:sel or she is entitled, and taxes on said share have not been ben'fle' assessed and paid, then such share shall be taxed only once Taxed as if and the tax shall be assessed on the property received from mnoec1inatteer-h such share by each beneficiary thereof as if there had been -reneficiary no intermediate beneficiary. It shall be the duty of the State Tax Commissioner, State Tax upon the request of the Register of Wills, promptly to render rallttioner whatever assistance the Register may request in connec- 1.1/erg, oi tion with the valuation of any estate or interest taxable un- valuing estate der the provisions of this Act, and in every case in which it is impossible to compute the present value of any interest in property subject to the tax imposed by this Act, the Reg-ister of Wills and the State Tax Commissioner may effect nej,ncent such settlement of the tax as shall be deemed to be for the best interests of the State of Delaware and the payment of the sum so agreed upon shall be a full satisfaction of such tax, The Register of Wills shall, within thirteen months after Register at the death of the donor, grantor, devisor or intestate, corn- cWoimllsp utteo tax pute and determine all taxes assessable under this Act, Time provided, however, that in case an estate shall, before the INHERITANCE TAX expiration of said period become involved in litigation the determination of which may affect the computation of the tax imposed by this Act, the Register of Wills may suspend the computation and determination of taxes assessable un-der this Act until the conclusion of the litigation. Immedi-ately upon the determination of all taxes assessable under this Act, the Registrar of Wills shall give notice to the parties in interest, or to their attorneys of record, by post-ing the same in his office and by registered mail. Within Person aggrieved thirty days after the tax has been determined, any person may RPM), to Register within aggrieved by the determination may apply to the Register, 30 days for correction who may make such corrections of the taxes as he may de-termine proper. The said Register shall have power to hold hearings, summon witnesses and take testimony rela-tive thereto. Appeal to In all cases the State, through the Attorney General, Superior Court and the executor, administrator or taxable shall have the right to an appeal to the Superior Court of the County from the determination of the Register as to the amount of taxes to be paid under the provisions of this Act. Such appeal shall be taken to the term of the said Superior Court next When taken following the expiration of twenty days from the final de-termination of the tax by the Register. In any such appeal Court to determine the Court shall determine what part of the costs shall be how costs payable paid by the State and what part shall be paid by the execu- Attorney tor, administrator or taxable, as to it may appear just and Oeneral sent equitable. It shall be the duty of the Register to notify the to repre State Attorney General whenever any such appeal shall be taken by any executor, administrator or taxable, and it shall be the duty of the Attorney General or one of his deputies to rep-resent the State in the hearing on the appeal. Blister of In determining the value of any estate or interest tax- ,`,v,ai no de- able under the provisions of this Act, the Register of Wills ductlon on account of shall make no deduction therefrom nor reduction thereof by certain taxes reason or on account of the payment (or liability for pay-ment) of any Delaware inheritance, legacy or succession tax, 46 CHAPTElt 8 May suspend computation in case of litigation Notice to parties interested C 11 l'T E It 8 47 INHERITANCE TAX or of any Delaware estate tax, or of any estate, inheritance, legacy or succession tax of the United States or of any State or jurisdiction outside of the State of Delaware. The Register of Wills referred to in this Act shall be fofor of the Register of Wills of the County where letters testamen- 16v&tyo tary or of administration have been granted on the estate rwlganted of the donor, grantor, devisor or intestate from whom the Argea property aforesaid shall have passed as set forth in Section 109 of this Act; but if no such letters have been granted, then the said Register shall be the Register of Wills of the County in which such property is or is situated. 149. Sec. 112. Collection and payment of tax ; return 1,10-S 112 of real estate; receipts for tax ; refund of taxes erroneously paid :All taxes imposed by this Act shall be due and pay- When tax C able within thirty days after the amount of tax has been finally determined in accordance with the provisions of this Lien Act and every such tax shall be and remain a lien upon the property subject to the tax until paid. Any administrator, executor or trustee having in charge ggleiggtTor. or trust any legacies or property for distribution subject 1.0 \Itcete tt:x to the said tax shall deduct the tax therefrom, or if the legacy or property be not money he shall collect a tax there-on upon the appraised value thereof from the legatee or per-son entitled to such property, and he shall not deliver or be compelled to deliver any specific legacy or property sub-ject to tax to any person until he shall have collected the tax thereon ; and whenever any such legacy shall be tharged upon or payable out of real estate, the heir, or devisee, before paying the same, shall deduct said tax therefrom and pay the same to the executor, administrator or trustee, and the cnorge on same shall remain a charge on such real estate until paid, real estate and the payment thereof shall be enforced by the executor, administrator or trustee in the same manner that the said payment of said legacies might be enforced ; if, however, such legacy be given in money to any person for a limited Liability of executors, ad-ministrators and trustees Executor or administrator to tile state-ment of real state and persons en-titled. when Wills. INHERITANCE TAX Legacy in period, the executor, administrator or trustee shall retain money for limited time the tax upon the whole amount, but if it be not in money he Tax retained on whole shall make application to the Register of Wills to make an amount AmpepnotrtinOt in apportionment if the case requires it of the sum to be paid money into his hands by such legatees and for such further order relative thereto as the case may require. Where a tax is im-posed on an estate for life or for a term of years, or to terminate on the expiration of a certain period, and on any Tax when remainder or reversionary interest or interests, the tax on estate is limited such estate or interest as between the executor, trustee, ten-ant for life or for years, remainderman or reversioner and other beneficiaries, shall be charged to the corpus of the property in which such estate or estates exist, unless other-wise provided for by the testator or transferor, and shall be When payable payable at once in the same manner and within the same time as if the estate or interest had vested in possession. All executors, administrators and trustees shall be per-sonally liable for the payment of taxes and where proceed-ings for collection of taxes assessed be had, said executors, administrators and trustees shall be personally liable - for the expenses, costs and fees of collection. They shall have full power to sell so much of the property of the decedent as will enable them to pay said tax in the same manner as they may be enabled to do by law, for the payment of debts of their testators and intestates. All taxes collected by any executor or administrator Taxes paid to Register of as aforesaid shall be forthwith paid over to the Register of Wills It shall be the duty of every executor or administrator within two months after the granting of letters testa-mentary, or of _administration, to file in the office of the Reg-ister of Wills of the County in which said letters have been granted, a statement in writing setting forth a general de-scription of every parcel of real estate in this State of which the decedent died seised, and the name of each party entitled 48 CHAPTER 8 ClIAPTEll 8 INHERITANCE TAX If for any cause there should be no executor or admin-istrator to receive the tax imposed under the provisions of this Act the party liable for said tax shall have the right to pay the same direct to the Register of Wills of the proper county and such payment shall operate as a discharge of said tax. Every Register of Wills receiving any tax under the necetp,s Provisions of this Act shall give the person paying the same duplicate receipts therefor, one of which shall be forwarded 49 to any estate or interest in any parcel of said real estate, and relationship, if any, of said party, to the decedent. Such statement shall be supported by the oath or affirmation of tairgrnaolt or said executor or administrator that the facts therein con-tained are true according to his best information and be-lief. Every such statement shall be recorded by the Reg-ister of Wills in a separate book to be kept by him for that =neer purpose and which shall be known as the "Inheritance and Succession Docket," and shall be duly indexed. Whenever Inheritance any parcel of real estate Dr any estate or interest therein described in the statement of the executor or administrator aforesaid, shall be subject to tax under the provisions of said section, the Register of Wills shall make an entry in the docket aforesaid that said real estate is subject to tax and in the event of an appeal to the Superior Court as afore- Entries concerning l said, shall further note in said docket the fact of said ap-rea estate peal. When any tax as aforesaid shall be paid and dis-charged, the said Register shall make a note thereof in the said docket. It shall be the duty of the State Treasurer from time mato to time to examine every such docket as aforesaid, and ton'ronsyuriff. to notify the Attorney General of any failure on the part of rgi",,(raal any Register of Wills or of any executor or administrator ""f"In duLY to perform the duties- imposed upon them by this Act. The Attorney General shall in _case of such failure take proper proceedings against the party or parties delinquent. Payment ot tax when no executor or administrator Tax erron-eously paid State Treasurer to refund on recommenda-tion of Reg-ister of Wills Applications for re-Pay-ment within 2 years 150- S 113 Liability on executor's or administra-tor's bond When any amount of tax imposed under this Act shall have been paid erroneously it shall be lawful for the State Treasurer, on satisfactory proof rendered to him of said erroneous payment, and upon the recommendation of the Register of Wills of the County wherein such tax shall have been collected, to refund and pay to the executor, admin-istrator or trustee, person or persons who have paid any such tax in error, the amount of such tax so paid, provided that all applications for the repayment of said tax shall be made within two years from the date of' said payment. 150. Sec. 113. Liability on executor's or admin-istrator's bond :The bond of an executor or administrator shall be liable for all money he may receive for taxes, or for the proceeds of the sale of any estate or interest received by him under this Act, and if any executor or administrator shall fail to perform any of the duties imposed upon him under the provisions of this Act, the Register of Wills grant-ing the letters of administration may revoke the same, and his bond shall be liable, and the same proceedings shall be had as if his administration had been revoked for other cause. The powers and duties of an administrator de bonis non or de bonis non with the will annexed; shall be the same under this Act as an executor or administrator, and he shall be subject to the same liabilities. 151. Sec. 114. Register of Wills ; returns by of tax Tlfrio`lpay collected, to State Treasurer; accounting by ; liability upon tax to State Treasurer bond of; removal from office, when; appropriation of taxes monthly collected :It shall be the duty of the several Registers of Wills in the State to make return to the State Treasurer on or before the tenth day of each and every month in each year, of all sums of money received by them as taxes under 50 CHAPTER 8 INHERITANCE TAX Forwarded to by the person so paying as aforesaid to the State Treasurer, Treasurer to be by him preserved, and either of said duplicate receipts Evidence in shall be evidence in suits upon the bond of such Register suits against Register to recover the tax so by him received. CHAPTER 8 51 INHERITANCE TAX the provisions of this Act during the preceding calendar month, and to pay over to said State Treasurer the amounts so by them received respectively, at the time of making such returns, and if any Register of Wills shall fail to pay, as re-quired by this Section, the State Treasurer shall give notice to the Attorney General of the State, whose duty it shall be to institute suit on the official bond of such Register of Wills, for the use of the State to recover the amount due from such Register of Wills and in such suit the amount appear-ing to be due, with interest thereon, and costs, shall be recovered, which recovery shall be evidence of misbehavior in office, and upon conviction thereof, such Register of Wills shall be removed from office. Failure of Register of Wills to pay over tax The official bond of every Register of Wills of this State Bond of shall be deemed and held to embrace and include the faith- ttreifiTta ful performance by such Register of all and every the duties Velgrfigg:l of duties imposed upon him by this Act. under Act. Of the money raised under the provisions of this Act money cot. all that is collected each year, and from year to year, in ex- leyeertirr geess cess of One Hundred Thousand Dollars, is hereby appropri- gemoot°,3 ated to the sinking fund of the State, and shall, by the State Sinking Fund Treasurer, be credited to the sinking fund of this State and shall become and constitute a part of that fund. 152. Sec. 115. Repeals, retroactive provisions ; un- 153-B in constitutionality or invalidity : 146. Sec. 109 to 152. Sec. 115, Chapter 6 of the Revised Code of the State of Delaware (1915), both inclusive, as amended by Chapter Repems 7, Volume 29 of the Laws of Delaware, entitled "State Rev-enue. Inheritance Tax," Chapter 7, Volume 35 of the Laws of the State of Delaware, entitled "An Act to amend Chap-ter 6 of the Revised Code of Delaware (1915), relating to the Inheritance Tax, as amended by Chapter 7 of Volume 29 of the Laws of Delaware," shall be continued in full force pPerniOdringlaws to cootinue in and effect as to all taxes, assessments, proceedings, suits for co in and matters arising out of or in connection with estates and matter Suit by Attorney General Removal from office 1 52 CHAPTER 8 INHERITANCE TAX interests taxable thereunder and shall so continue until such time as all of said taxes, assessments, proceedings, suits or matters shall have been finally collected, determined and disposed of at which time said 146. Sec. 109 to 152. Sec. 115, both inclusive, as amended, shall be repealed. All acts or parts of acts inconsistent with the provisions Repents of this Act shall be and the same are hereby repealed. The exemptions provided in this Act shall be deemed Exemptions retroactive to be retroactive so far as concerns the property, and estates Exception and interests therein, of decedents dying after the sixth day of May, A. D. 1929, except where the inheritance, transfer or succession taxes thereon were paid and discharged prior to the approval of this Act. If any clause, sentence, paragraph or part of this Act Unconstitu-itinovnaalilidtiyt y oorf shall, for any reason, be adjudged by any Court of corn-fact not to affect remain- petent jurisdiction, to be invalid, such judgment shall not der of Act' affect, impair or invalidate the remainder of this Act but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the con-troversy in which such judgment shall have been. rendered. No caption of any Section or set of Sections of this Act Interpretation shall in any way affect the interpretation of this Act or any part thereof. Approved April 9, 1931. CHAPTER 9 STATE REVENUE INCOME TAX AN ACT to amend an act entitled "An Act to Provide Rev-enue for School Purposes." Be it enacted by the Senate and House of Representa-tives of the State of Delaware in General Assembly met: Section L That the Act entitled "An Act to provide revenue for school purposes," being Chapter 8, Volume 36, (yirtDPIEJ:4ws Laws of Delaware, be and the same is hereby amended by amended inserting after Section 2 (c) and before the heading "Ex-empted Income" the following words: Any taxable making return, for the calendar year Reduction of 1930 of the income taxes imposed by Articles I and II, Chap- Zetutiroo f ter 8, Volume 36, Laws of Delaware, shall be entitled to a 193° taxes reduction by credit or refund of fifty per centum of the amount of tax computed under paragraph (a) of this Sec-tion. All taxables making returns, for the calender year gtibeiceisto 1931 and for each year thereafter, of the income taxes im- raygrg posed by Articles I and H, Chapter 8, Volume 36, Laws of "'nu' Delaware, shall be entitled to a reduction of the amount of tax computed under paragraph (a) of this Section by credit or refund to be determined and certified to the State Tax Department by the Governor in accordance with the limita-tions of paragraphs (f) and (g) of this Section. Reduction The total amount of the reduction provided for in gtejr=dor Paragraph (e) of this Section shall be determined by the Governor and shall not exceed the excess of the estimated revenue of the School Fund submitted by the State Tax De- Reduction partment under Section 12 (k) of this Act over the appro- limited priation to the State Board of Education granted by the leg- 53 54 INCOME TAX Perdcentage of islature under the Budget Appropriation Bill. The percent rmined - reuction. How age of reduction shall be determined by dividing the total dete amount of reduction, as determined by the Governor, by the estimate of total income tax submitted to the Governor by the State Tax Department. Governor to (g). It shall be the duty of the Governor to certify to certify per-ffcgitmiffto the State Tax Department (the percentage of reduction de-rtnaent State Tax termined in paragraphs (e) and (f) of this Section for the Depa When preceding taxable year) not later than the second day of January preceding March 15th, of the year the income tax return is required to be filed under this Act. Section 2. That the Act entitled "An Act to provide qtrgr, taws revenue for school purposes", being Chapter 8, Volume 36, 2ifn4illeelt" are Laws of Delaware, be and the same is hereby further amended amended by striking out Section 12 (k) and inserting in lieu thereof the following words: Section12 (k). Submit annually to the Governor, on Estimate and or before the first day of September ; (a) an estimate of revenuessufmosr maintenance revenues to be received during the current fiscal year from submitted to Governor the income tax and the franchise tax, and (b) submit bi- When ennially to the Governor on or before the first day of Sep-tember an itemized estimate of the sums required for the maintenance of the Tax Department. Section 3. That the Act entitled "An Act to provide Chapter 8, Vol. 30, Laws revenue for school purposes", being Chapter 8, Volume 36, of Delaware. further Laws of Delaware, be and the same is hereby further amended amended by striking out Section 23 (a) and inserting in lieu thereof the following words: Section 23 (a). The Tax Department shall retain out 820,000 retained of the revenue collected by it a sum sufficient to provide at for refunds all times a fund of twenty thousand dollars out of which it shall pay any refunds provided for in Section 19, to which taxables shall be entitled under the provisions of these Ar- CHAPTER 9 tides and be furnished with an amount by the State Treas- Vats urer sufficient to make the refunds required to make effec- liar e rfor to tive the reduction provided for in Section 2, paragraph (d) ti re fcut ri iodg this Act. Said funds shall be deposited in the financial ParagrapUhn der(odf) institution which is the legal depository of the State monies to the credit of the State Tax Department and shall be dis- Deposit bursable on order of the Tax Commissioner. Section 4. That all acts or parts of acts inconsistent Repeals with this Act be and they are hereby repealed to the extent of such inconsistencies only. Approved April 29, 1931. INCOME TAX CHAPTER 9 55 56 Chapter 10. Volume 38, Laws of Delaware, amended Sec. 1-sub-division lb) amended Sec. 8-sub-division (a) amended Sec. 8-sub-division cc) amended Change in engine number Application CHAPTER 10 STATE REVENUE MOTOR VEHICLES AN ACT to Amend Chapter 10, Volume 36, Laws of Del-aware, entitled "An Act Concerning Motor Vehicles and Making Uniform the Law Relating Thereto". Be it enacted by the Senate and House of Representa-tives of the State of Delaware in General Assembly met: Section 1. That the Act entitled "An Act Concerning Motor Vehicles and Making Uniform the Law Relating Thereto", being Chapter 10, Volume 36,'Laws of Delaware, be and the same is hereby amended as provided in the sub-sequent Sections of this Act. Section 2. That Section I of the Act aforesaid be amended by adding to subdivision (b) thereof the following words--"except farm tractors as hereinafter defined". Section 3. That Section 8 of the Act aforesaid be amended by striking out the words "maker" and "car" in the sixth line of subdivision (a) of said Section and by in-serting in place of each of said words the word"vehicle". Section 4. That Section 8 of the Act aforesaid be fur-ther amended by adding thereto immediately at the end of subdivision (c) a new subdivision as follows: "(d) Where the engine of a motor vehicle which has been registered under the provisions of this Act is replaced by a new or used engine, on which the engine number has been destroyed, removed, covered, altered, or defaced, it shall be the duty of the owner of such motor vehicle to ap-ply to the Department, on a form furnished by the Depart-ment, for a special number to be placed on said engine. The application shall be accompanied by the certificate of title is-sued for said motor vehicle and shall contain a description of CHAPTER 10 57 MOTOR VEHICLES such motor vehicle and facts pertaining thereto, as the De-partment may require. Said application shall be sworn to by the owner before a notary public or other officer empowered to administer oaths. Upon receipt of such an application, the and Department shall issue to the owner a special number for =red title said motor vehicle and a corrected certificate of title and, when such special number has been placed on the engine, it shall become and thereafter be the lawful engine number of said motor vehicle". Section 5. That Section 12 of the Act aforesaid be Sec. 12 amended by striking out the words "and 'trailer" in the 7na ravgi fourth line of subdivision (a) of said Section. Section 6. That Section 14 of the Act aforesaid be sg.d1,1tion amended by striking out the entire last sentence of sub- lb) amended division (b) of said Section and by inserting in lieu thereof the following: "An owner, who has made proper application for reg- 0 eration istration of a vehicle previous to January first for the en- aor nDieucl; -15th withsuing year, shall be entitled to operate or permit the oper- ensuing ation of such vehicle upon the highways on and after De-cember 15 of the current year provided the number plate or plates issued for said vehicle for the ensuing year shall be properly attached thereto". Section 7. That Section 24 of the Act aforesaid be See. 24 amended by adding to subdivision (a) of said Section a new ;)`1,1`,',!iselicici paragraph as follows : "For the purposes of this Section any vehicle which, on it_c_registra-or before the thirty-first day of August of each year, has not :,11100iiienled motor been examined and determined safe and fit for operation by Nigireesd if sanfoet the Vehicle Commissioner's agents acting under his rules by August 31 and regulations shall be conclusively determined to be un-safe and unfit for operation and the Department shall not grant an application for the re-registration of such vehicle Sec. 28 Amended Sec, 28 Amended Sec. 32 Amended Sec. 32 Amended Sec. 37 subdivision (di amended MOTOR VEHICLES until it shall have been examined and determined safe and fit for operation". Section 8. That Section 26 of the Act aforesaid be amended by striking out the word "manufacturer", the last word in the third paragraph of said Section, and by insert-ing in lieu thereof the word"applicant". Section 9. That Section 28 of the Act aforesaid be amended by striking out the second figure "3" in both the fifth and thirteenth lines of said Section and by inserting in lieu thereof the figure"2". Section 10. That Section 32 of the Act aforesaid be amended by inserting immediately after the word "Act" in the second line of subdivision (b) of said Section the words "except such person as shall have been convicted of a violation of the provisions of subdivision (b) of Section 13". Section 11. That Section 32 of the Act aforesaid be further amended by adding thereto immediately at the end of subdivision (b) a new subdivision as follows: "(c) Every person who shall have been convicted of a violation of the provisions of subdivision (b) of Section 13 of this Act shall be punished by a fine of not less than Five Dollars ($5.00) nor more than Twenty-five Dollars ($25.00)". Section 12. That Section 37 of the Act aforesaid be amended by adding to- subdivision (d) of said Section a new paragraph as follows: "Provided, however, that it shall be unlawful for any Satisfation dealer or other transferee to hold the certificate of title to a aosf silgiennmsc ebnetf ore motor vehicle for resale and/or to transfer his title or in-of title terest to another person by executing an assignment and warranty of title upon the said certificate of title without 58 CHAPTER 10 MOTOR VEHICLES first having satisfied or caused to be satisfied all liens or en-cumbrances against said motor vehicle recorded in the office of the Secretary of State. Section 13. That Section 41 of the Act aforesaid, be c. 41 amended by striking out the figure "9" in the last line of said Amenaed Section and by inserting in lieu thereof the figure"8". Section 14. That the Act aforesaid be amended by Sec. 56 striking out all of Section 56 and by inserting in lieu thereof Alnende4 a new Section 56 as follows: "Section 56 (a) The Department upon receiving from any person over the age of sixteen years an application for a temporary instruction permit, together with the fee re-quired by law, may in its discretion issue such a permit entitling the applicant, while having such permit in his immediate possession, to drive a motor vehicle upon the highways for a period of sixty days when accompanied by a licensed operator or chauffeur who is actually occupying a seat beside the driver and there is no other person in the vehicle. Temporary instruction permit Applicant may drive for sixty days if accompanied by licensed driver L0 CHA4PTElt 10 59 If for any reason whatsoever the applicant fails Permit void to pass the required examination during the sixty day period granted by the permit, the said permit shall be void, and the fee paid therefor shall be forfeited". Section 15. That Section 57 of the Act aforesaid be Sec. 57 amended by inserting the word "if" at the end of the third Amended line of subdivision (b) Of said Section. Section 16. That Section 57 of the Act aforesaid be see. 5,/ further amended by adding thereto immediately at the end Amended of subdivision (b) a new subdivision as follows : Upon receipt of the application and a fee of One fiecretary of Dollar and Fifty Cents ($1.50) and after such examination Petettee as is herein provided, the Secretary of State may issue at his 60 C IIAPTIR MOTOR VEHICLES discretion a motor vehicle operator's license, or a chauf-feur's license". Sec. 60 subdivision ra amended See. 60 Amended See. 65 Amended See. 68 Amended Sec. 804 Added Section 18. That Section 60 of the Act aforesaid be amended by striking out the words "motor vehicle" in the first line of subdivision (a) of said Section and by insert-ing in lieu thereof the word"operator's". Section 19. That Section 60 of the Act aforesaid be further amended by striking out the word "filing" in the eighth line of subdivision (b) of said Section and by insert-ing in lieu thereof the word"findings". Section 20. That Section 65 of the Act aforesaid be amended by striking out "March 1" in the second line of said Section and by inserting in lieu thereof the words"on the last day of February of". Section 21. That Section 68 of the Act aforesaid be amended by adding thereto immediately after paragraph 4 of subdivision (a) of said Section a new paragraph as fol-lows "5. That such person has violated the provisions of the 'Second' paragraph of Section 73 of this Act". Sec 13 Section 22. That Section 73 of the Act aforesaid be Amended amended by adding to the "Fifth" paragraph thereof the words "or in any examination for an operator's or chauffeur's license". Section 23. That the Act aforesaid be amended by adding thereto immediately after Section 80 a new Section as follows: Provided, that it shall be lawful to operate passenger Volge:t carrying motor coaches equipped with pneumatic tires and riftWorg not weighing in excess of Fifteen Thousand pounds gross weight of vehicle and load, and equipped with four wheel brakes, at a rate of speed not in excess of that provided in Section 83 of this Act. dash-num gross weight in--Maximum :lading weight of vehicle Ind toad, ..___ speed open country no greater speed shall be main-tabled for a distance exceeding one quarter of a mile. This is al-lowable only for pas-sing another vehicle. Maximum speed thru s u b u r b a n a e c - / on s, vInages and towns. Maximum speed in thickly built up parts of cities and towns. 8,000 lbs. 8,000 lbs. 12.000 lbs. 16,000 lbs. 10,000 lbs. 12,000 tbs. 14,000 lbs. 40M 35M 35M 95M 25M 25M 25M 20M 20M 20M 20141 1514L 15M 15M 20M 20M 20.51 20M 12M 12M 12M CHAPTER 10 61 MOTOR VEHICLES "Section 80A. Whenever any check given to the De- 8". BOA partment in payment of any fee or for any other purpose shall be returned to the Department as uncollectible, the iYtecarecitt Vehicle Commissioner shall charge the person presenting check such check to him in addition to the protest fees, a reason-able fee not to exceed Five Dollars ($5.00), to cover the cost of its collection". Section 24. That Section 83 of the Act aforesaid be rne,.Ued amended by inserting the word "or" in the sixth line of said Section immediately in front of the word "so". Section 25. That Section 83 of the Act aforesaid be riZed further amended by striking out the words "thirty-five" in the second line of the second paragraph of said Section and by inserting in lieu thereof the word "Forty". Section 26. That Section 85 of the Act aforesaid be 741reera"c amended by striking out the table appearing in said Section speeds and inserting in lieu thereof the following tal5le: PNEUMATIC TIRES 62 Speed of coaches weighing up to 26,000 lbs. Sec. 107 Amended Sec. 113 A Unlawful to stand in roadway to solicit ride Sec. 113 B Unlawful to hinder vehicle to solicit pur-chase or contribution Sec. 113 0 Consent to ride Must ride within limits of vehicle MOTOR VEHICLES CHAPTER 10 And provided further, that it shall be lawful to operate passenger carrying motor coaches equipped with pneumatic tires and not weighing in excess of Twenty-six Thousand pounds gross weight of vehicle and load, and equipped with four wheel power brakes, at a rate of speed not in excess of that provided in Section 83 of this Act. Section 27. That Section 107 of the Act aforesaid be amended by adding thereto immediately at the end of sub-division (c) of said Section the words "and any person vio-lating this provision shall upon. conviction be punished as provided in Section 144 of this Act". Section 28. That the Act aforesaid be amended by adding thereto immediately after Section 113 five new Sec-tions as follows: Section 113 A. It shall be unlawful for any person or persons to stand in a roadway for the purpose of or while soliciting a ride from the operator of any private vehicle. "Section 113 B. It shall be unlawful for any person or persons to stand in the roadway of a highway to stop, im-pede, hinder, or delay the progress of any vehicle for the purpose of soliciting the purchase of goods, merchandise or tickets, or for the purpose of soliciting contributions for any cause whatsoever. And the only question of law and fact in determining guilt under this Section shall be whether goods, merchandise or tick'ets were tendered or offered for sale, or whether a contribution was solicited. Section 113 C. No person shall ride upon any vehicle without the consent of the driver, and when any person is riding on any vehicle with the driver's consent, no part of the person's body must protrude beyond the limits of the vehicle. C 11A PTElt 10 63 MOTOR VEHICLES Section 113 D. It shall be unlawful for any person to see. 113 13 throw from any vehicle while it is in motion, any goods, ihnrzArualrti°eies merchandise, or bundles of any kind whatsoever. from gloving CRY Section 113 E. Any driver shall, upcin one blast of a See. 113 E police whistle given by a police officer with hand raised, bring his vehicle to a full stop, and shall not proceed again =Venn% uor until receiving a signal so to do from such officer. Three or °frieet more blasts of the police whistle is the signal for alarm and indicates the approach of a fire engine or other danger". Alarm signal Section 29. That Section 114 of the Act aforesaid be Sec. 114 amended by inserting in the sixth line of said Section im- amended mediately after the word "thereto" the words"or of a gross weight exceeding that for which it is registered". Section 30. That Section 117 of the Act aforesaid be a8 terri%ld lo7c1 amended by striking out the words and figures "Twenty-four Thousand (24,000)" in the fifth and sixth lines of sub-division (a) of said Section and by inserting in lieu thereof the words and figures "Twenty-six Thousand (26,000)". And that Section 117 of the Act aforesaid be further amended by striking out the words and figures "thirty-eight thousand (38,000)" in subdivision(b)of said Section and by inserting in lieu thereof the words and figures "forty thous-and (40,000)". Section 31. That Section 117 of the Act aforesaid be =nal, further amended by adding thereto immediately at the end of subdivision (d) of said Section the words "except that four (4) wheel vehicles and semi-trailers equipped with pneumatic tires may have an axle load of not more than eighteen thousand (18,000) pounds. Pro- rozrautie to vided that it shall be lawful to operate a vehicle equipped z,10,11gluve with three (3) axles, having each of the rear axles equipped with two hubs, with a power brake on each rear hub, hav-ing a gross weight, including vehicle and load, of not more than thirty-eight thousand (38,000) pounds". Sec. 118 amended Sec 128 amended Sec. 141 amended Sec 143 amended Section 32. That Section 118 of the Act aforesaid be amended by striking out the word "Two" in the fifth line of said section and by inserting in lieu thereof the word. "Three", and by inserting at the end of the eighth line of said Section immediately after the word "act" the words "or for which it is registered". Section 33. That Section 128 of the -Act aforesaid be amended by striking out the word "green" in the eighth line of subdivision (e) of said Section and by inserting in lieu thereof the word"red". Section 34. That Section 141 of the Act aforesaid be amended by inserting in the second line of said Section im- - mediately after the figure "82" the following figures and letters"113A, 113B, 113C, 113D, 113E". Section 35. That Section 143 of the Act aforesaid be amended by striking out the word "or" in the tenth line of said Section and by inserting in lieu thereof the word"and" and by striking out the words "or both such fine and im-prisonment" in the eleventh and twelfth tines of said Sec-tion. Section 36. That the Act aforesaid be amended by adding thereto immediately after Section 147 a new Sec-tion as follows: Sec 147A "147A. Whenever the owner, or person, firm or cor-poration, entitled to the possession of any motor vehicle, or Sale of vehicle part thereof, in the custody of the Vehicle Commissioner owner unknown cannot be located and fails to claim said motor vehicle, or part thereof, for a period of three months after said motor vehicle, or part thereof, came into the custody of said Com-missioner, the same may be disposed of by the Vehicle Com-missioner, at public sale, at some place which shall be con-venient and accessible to the public, at any time between the 64 CHAPTER 10 MOTOR VEHICLES C I 1"I'ER 10 65 MOTOR VEHICLES Time and hours of 10 A. M. and 6 P. M., provided the time, place and place of sale terms of said sale, together with a full detailed description of said motor vehicle, or part thereof, shall be inserted in one Advertisement or more newspapers published in the city or county where said sale is to take place, at least once each week for two 'successive weeks prior to said sale; and provided, further, Notice to interested that a registered notice shall be mailed at least ten days parties prior to said sale to the owner, lien holder, if any, shown on the records of the Vehicle Commissioner or person, firm or corporation entitled to the possession of said motor vehicle, or part thereof, if his or its address be known, or if it can be ascertained by the exercise of reasonable diligence. If said address cannot be ascertained by the exercise of rea-sonable diligence, then such notice shall not be required to be given. Any excess in the amount of the selling price of cocr ensgse al v e said motor vehicle, or part thereof, at said sale, over and special fund above the expenses thereof, and the amount of the storage and repair charges, incurred by the Vehicle Commissioner during the period in which said motor vehicle, or part thereof, was in his custody, and after the payment of all Hens to which said motor vehicle, or part thereof, may be subject, in order of their priority, shall be accounted for and remitted by said Commissioner to the State Treasurer, who shall create a special fund thereof. If the owner, or person, 2:et fbo; firm or corporation, entitled to the possession of said motor vehicle, or part thereof, shall present to the Commissioner a claim for such excess, at any time within one year from the date of the sale the Commissioner shall draw his warrant upon the State Treasurer for such excess, and such excess shall thereupon be paid over by the State Treasurer to the said owner or person, firm or corporation entitled to the pos- Fr=it° session of said motor vehicle, or part thereof. If no claimwno itth Incl aiym citerd for the excess is made within one year from the date of the sale, said excess shall be transferred from the special fund to the General Treasury, to be expended and used as other fees collected by the Vehicle Commissioner." MOTOR VEHIQLES Section 37. That the Act aforesaid be and the same is hereby futher amended by adding at the end of Section 128 thereof, an additional paragraph, as follows: "(h) No pedestrian shall walk after dark upon any Pedestrian to highway of the State of Delaware, that is used for Motor or Wettitgrd Vehicle Traffic, without carrying a lighted lantern, flash-carry white cloth after light, or other similar light ; or have tied upon an arm, or dark other portion of the body, a white cloth, in such a manner as to make the said pedestrian visible to motorists or the driver of any vehicle. Approved April 9, 1931. 66 CHAPTER 10 Sec. 128 amended is ly !8 Dr Dr as er 67 CHAPTER 11 STATE REVENUE MOTOR VEHICLES AN ACT to Amend Chapter 9, Volume 35, Laws of Del- Chap. 9, Vol. aware, entitled An Act to Amend Chapter 6 of the L5l,l',Zse Revised Code of the State of Delaware in Relation to amended the Identification of Motor Vehicles". Be it enacted by the Senate and House of Representa-tives of the State of Delaware in General Assembly met: Section 1. That the Act entitled "An Act to Amend Chapter 6 of the Revised Code of t |
| Date Digital | 2010 |
| CONTENTdm file name | 3041.cpd |
Description
| Title | Laws of the State of Delaware - Volume 37 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE PASSED AT THE One Hundred and Third Session of the General Assembly COMMENCED AND HELD AT DOVER On Tuesday, January 6, A. D., 93 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES THE ONE HUNDREDTH AND FIFTY- FIFTH VOLUME XXXVII J. LAURANCE BANKS. INCORPORATED WILMINGTON, DELAWARE 1931 |
| CONTENTdm file name | 20059.pdfpage |
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