Laws of the State of Delaware - Volume 47 - Page 1 |
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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND FIFTEEiSITH
SESSION OF THE GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
ON TUESDAY, JANUARY 4, A. D. 1949
AND
IN THE YEAR OF THE INDEPENDENCE OF THE
UNITED STATES OF AMERICA
THE ONE HUNDRED AND SEVENTY- THIRD
VOLUME XLVII
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 47 |
| Description | Laws of the State of Delaware |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND FIFTEEiSITH SESSION OF THE GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER ON TUESDAY, JANUARY 4, A. D. 1949 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA THE ONE HUNDRED AND SEVENTY-THIRD VOLUME XLVII l' LAWS OF DELAWARE 3 CHAPTER 1 STATE HIGHWAY DEPARTMENT AUTHORIZING DEPARTMENT TO CLASSIFY TRAFFIC OFFICERS AN ACT TO AMEND ARTICLE 4 OF CHAPTER 166 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO TRAFFIC OFFICERS, BY PROVIDING THAT THE SUPERINTENDENT OF THE STATE POLICE SHALL HOLD THE RANK OF COLONEL AND SHALL BE SO CLASSIFIED BY THE STATE HIGHWAY DEPARTMENT. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Article 4 of Chapter 166 of the Revised Code of Delaware, 1935, as amended by Chapter 276 of Volume 45 of the Laws of Delaware, be and the same is hereby further amended by striking out and repealing the first paragraph of 5747. Sec. 28 of said Article, as amended by Chapter 276 of Volume 45 of the Laws of Delaware, and inserting in lieu thereof the following: 5747. Sec. 28. POLICE OFFICERS; DUTIES; CLASSI-FICATIONS; SALARIES; POLICE POWERS:The Depart-ment is authorized to appoint police officers whose primary duty shall be to compel the enforcement of all laws relating to the weight, speed and operation of vehicles on the public highways of the State. They shall be officially known and referred to as "State Police." The Department is further authorized to classify such State Police according to such rank as the Department shall determine, and according to the duties assigned to them from time to time by the Department, provided that the Superintend-ent of said State Police shall hold the rank of Colonel and shall be so classified by the said department. Approved February 15, 1949. 4 CHAPTER 2 APPROPRIATION AMERICAN LEGION AN ACT APPROPRIATING MONEY TO THE AMERICAN LEGION, DEPARTMENT OF DELAWARE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the Members elected to each House concurring therein): Section 1. That the sum of Four Thousand Dollars ($4,000.00) be and the same is hereby appropriated to the Ameri-can Legion, Department of Delaware, for operation expenses for the biennium beginning July 1, 1949 and ending June 30, 1951. Two Thousand Dollars ($2,000.00) of said sum shall be paid within three months after July 1, 1949 and a like sum of Two Thousand Dollars ($2,000.00) shall be paid within three months after July 1, 1950, to the duly elected Finance Officer of the American Legion, Department of Delaware, upon warrants signed by the said Finance Officer and approved by the Auditor of Accounts. Section 2. This Act shall be known as a Supplementary Appropriation Act and the money hereby appropriated shall be paid out of the General Funds of the State Treasury not other-wise appropriated. Approved February 28, 1949. CHAPTER 3 PRINTING NEEDS OF THE GENERAL ASSEMBLY AN ACT TO AMEND CHAPTER 6 OF VOLUME 46, LAWS OF DELAWARE, 1947, WITH RESPECT TO THE AWARD-ING OF CONTRACTS FOR PRINTING NEEDS OF THE GENERAL ASSEMBLY. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 6 of Volume 46, Laws of Dela-ware, 1947, be and the same is hereby amended by striking out and repealing all of Section 10. thereof and by substituting and enacting in lieu of the part so repealed a new Section 10. as follows: Section 10. The submission of a bid on any set or sets of specifications together with a resolution of the Senate or of the House of Representatives as the case may be awarding the class or classes of printing covered by such bid to the person, firm or corporation submitting same and the posting of a performance bond, where one is required, shall constitute a contract. Approved March 2, 1949, 5 6 CHAPTER 4 APPROPRIATION UNITED SPANISH WAR VETERANS AN ACT APPROPRIATING MONEY TO THE UNITED SPAN-ISH WAR VETERANS, DEPARTMENT OF DELAWARE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the Members elected to each House concurring therein): Section 1. That the sum of One Thousand Dollars ($1,000.00) be and the same is hereby appropriated to the United Spanish War Veterans, Department of Delaware, for the bien-nium beginning July 1, 1949 and ending June 30, 1951 for opera-tion expenses. Five Hundred Dollars ($500.00) of said sum shall be paid within three months after July 1, 1949 and a like sum of Five Hundred Dollars ($500.00) shall be paid within three months after July 1, 1950, to the duly elected Finance Officer of the United Spanish War Veterans, Department of Delaware, upon warrants signed by the said Finance* Officer and approved by the Auditor of Accounts. Section 2. This Act shall be known as a Supplementary Appropriation Act and the money hereby appropriated shall be paid out of the General Funds of the State Treasury not other-wise appropriated. Approved March 2, 1949. CHAPTER 5 APPROPRIATION OBSERVANCE OF MEMORIAL DAY AN ACT APPROPRIATING MONEY FOR THE OBSERVANCE OF MEMORIAL DAY IN HONOR OF THE DECEASED MEMBERS OF THE GRAND ARMY OF THE REPUBLIC. WHEREAS, it has been the custom at each Regular Session of the General Assembly to appropriate funds to the G. A. R., Department of Delaware, for the proper observance of Memorial Day; and WHEREAS, the Department of Delaware, Grand Army of the Republic, has passed out of existence and a new organization or group must be found to provide for the decoration of graves of Civil War Veterans and to otherwise arrange for the proper observance of Memorial Day in honor of such deceased veterans; and WHEREAS, Appomattox Camp No. 2, Sons of Union Vet-erans of the Civil War, located in the State of Delaware, is willing to assume the responsibility for Memorial Day observances for-merly arranged by the G. A. R., Department of Delaware, Now, Therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the Members elected to each House concurring therein): Section 1. That the sum of Two Thousand Dollars ($2,000.00) be and the same is hereby appropriated to Appo-mattox Camp No. 2, Sons of Union Veterans of the Civil War, for the biennium beginning July 1, 1949 and ending June 30, 1951. One Thousand Dollars ($1,000.00) of said sum shall be available for the fiscal year ending June 30, 1950 and a like sum of One Thousand Dollars ($1,000.00) shall be available during the fiscal year ending June 30, 1951. The State Treasurer is hereby authorized and directed to pay out of the funds so ap-propriated such sums as are listed on itemized vouchers duly 7 8 Chapter 5 signed and approved by the proper officials of Appomattox Camp No. 2, Sons of Union Veterans of the Civil War. Section 2. The money hereby appropriated shall be used for the decoration of graves of deceased veterans of the Civil War, memorial exercises and observances planned in honor of such veterans, and for necessary expenses in connection with such decoration, exercises and observances. Section 3. This Act shall be known as a Supplementary Appropriation Act and the money hereby appropriated shall be paid out of the General Funds of the State Treasury not other-wise appropriated. Approved March 2, 1949. CHAPTER 6 APPROPRIATION VETERANS OF FOREIGN WARS AN ACT APPROPRIATING MONEY TO THE VETERANS OF FOREIGN WARS, DEPARTMENT OF DELAWARE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the Members elected to each House concurring therein): Section 1. That the sum of Three Thousand Dollars ($3,000.00) be and the same is hereby appropriated to the Vet-erans of Foreign Wars, Department of Delaware, for operation expenses for the biennium beginning July 1, 1949 and ending June 30, 1951. Fifteen Hundred Dollars ($1,500.00) of said sum shall be paid within three months after July 1, 1949 and a like sum of Fifteen Hundred Dollars ($1,500.00) shall be paid within three months after July 1, 1950, to the duly elected Finance Officer of the Veterans of Foreign Wars, Department of Dela-ware, upon warrants signed by the said Finance Officer and ap-proved by the Auditor of Accounts. Section 2. This Act shall be known as a Supplementary Appropriation Act and the money hereby appropriated shall be paid out of the General Funds of the State Treasury not other-wise appropriated. Approved March 2, 1949. 10 CHAPTER 7 APPROPRIATION BURIAL OF INDIGENT SOLDIERS, SAILORS OR MARINES AN ACT TO AMEND CHAPTER 8 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, WITH REFER-ENCE TO THE BURIAL OF INDIGENT VETERANS OF THE WARS IN WHICH THE UNITED STATES HAS ENGAGED. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 8 of the Revised Code of Dela-ware, 1935, as amended, be and the same is hereby further amended by striking out of 326. Sec. 71. thereof the words "One Hundred Dollars" and by substituting and enacting in lieu of the words so stricken out the words "One Hundred And Fifty Dollars". Section 2. That Chapter 8 of the Revised Code of Delaware, ; 1935, as amended, be and the same is hereby further amended by striking out of 327. Sec. 72. thereof the words "One Hundred Dollars" wherever they appear together in said Section and by substituting and enacting in lieu of the words so stricken out and wherever they appear the words "One Hundred And Fifty Dollars". Approved March 2, 1949. 11 CHAPTER 8 LEVY COURTKENT COUNTY AUTHORIZING APPROPRIATION TO FIREMEN'S ASSOCIATION AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO AMEND CHAPTER 43 OF THE REVISED CODE OF DELAWARE, 1935, BY STRIKING OUT AND REPEALING ALL OF 1194. SEC 48. THEREOF AND INSERTING IN LIEU THEREOF A NEW SECTION TO BE STYLED 1194. SEC. 48. SAID NEW SECTION DIRECTING THE LEVY COURT OF KENT COUNTY TO APPROPRIATE CERTAIN MONEY TO THE KENT COUNTY VOLUN-TEER FIREMEN'S ASSOCIATION FOR DISTRIBUTION EQUALLY AMONG MEMBER COMPANIES." Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 43 of the Revised Code of Dela-ware, 1935, as amended by Chapter 115, Volume 45, Laws of Delaware, be and the same hereby is amended by striking out and repealing all of 1194. Sec. 48. of said chapter and enacting and inserting in lieu thereof a new section to be known and styled as 1194. Sec. 48. as follows: 1194. Sec. 48. The Levy Court of Kent County is author-ized and directed to appropriate annually, on the first day of October of each year, to the Kent County Volunteer Firemen's Association, the sum of Eight Thousand. Five Hundred Dollars ($8,500.00) to be distributed by said Firemen's Association equally to each of the regularly organized and motorized Fire Companies, Members of said Association, for the maintenance and upkeep of the fire equipment of said member companies. Approved March 2, 1949. 12 CHAPTER 9 APPROPRIATION FIRE COMPANIES AN ACT APPROPRIATING MONEY TO CERTAIN FIRE COMPANIES IN THE STATE OF DELAWARE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the Members elected to each House concurring therein): Section 1. That to each and every Fire Company in the State of Delaware, outside the limits of the City of Wilmington, which was on the first day of June, A. D. 1948, and is now duly organized and equipped for the fighting of fires, there is hereby appropriated the sum of One Thousand Dollars ($1,000.00) an-nually for each of the fiscal years beginning July 1, 1949, and beginning July 1, 1950, to be used for the prevention and extin-guishment of fires throughout the State and for the maintenance of apparatus and equipment. The said sum of One Thousand Dollars ($1,000.00) shall be paid by the State Treasurer to each of the said Fire Companies within three months after the beginning of each of said fiscal years; and a certificate of the Secretary of Delaware Volunteer Fire-men's Association to the effect that a Fire Company was on the first day of July, A. D. 1948, and is now duly organized and equipped for the fighting of fires shall be sufficient authority for the payment of said sum of One Thousand Dollars ($1,000.00) by the State Treasurer to said Fire Company. Section 2. That this Act shall be known as a Supplemen-tary Appropriation Act and the funds hereby appropriated shall be paid out of the General Funds of the State Treasury, not otherwise appropriated. Approved March 2, 1949. CHAPTER 10 APPROPRIATION DELAWARE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS AN ACT APPROPRIATING MONEY TO THE DELAWARE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the Members elected to each House concurring therein): Section 1. That the sum of One Thousand Dollars ($1,000.00) be and the same is hereby appropriated to the Dela-ware Society for the Prevention of Cruelty to Animals, for the biennium beginning July 1, 1949 and ending June 30, 1951, for salaries, wages and for operation. Five Hundred Dollars ($500.00) of said sum shall be paid within three months after July 1, 1949, and a like sum of Five Hundred Dollars ($500.00) shall be paid within three months after July 1, 1950. Section 2. That this Act shall be known as a Supplemen-tary Appropriation Bill and the funds hereby appropriated shall be paid out of the General Funds of the State Treasury not otherwise appropriated. Approved March 2, 1949. 14 CHAPTER 11 APPROPRIATION EDUCATION AND TRAINING OF CHILDREN OF VETERANS OF WORLD WAR I AND WORLD WAR II AN ACT APPROPRIATING MONIES FOR EDUCATION AND TRAINING OF CIHLDREN OF VETERANS OF WORLD WAR I AND WORLD WAR II WHO DIED WHILE IN THE SERVICE OF THE ARMY, NAVY, MARINE CORPS OR COAST GUARD OF THE UNITED STATES OR WHO DIED FROM DISEASE, WOUNDS OR DISABILITIES RESULTING FROM SUCH SERVICE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. The sum of Six Thousand Dollars ($6,000.00) be and the same hereby is appropriated for the use and benefit of the children, as hereinafter defined, of members of the per-sonnel, male and female, who have served, or are now serving, or who may hereafter serve in any branch of the Army, Navy, Marine Corps or Coast Guard of the United States of America and who were killed, or who may hereafter be killed, while in such service, and/or who may have died or may hereafter die from disease, wounds or disabilities arising, and/or resulting from such service, either in World War I or World War II, for the biennium beginning July 1, 1949 and ending June 30, 1951. Three Thousand Dollars ($3,000.00) of said sum is hereby appro-priated for the year beginning July 1, 1949 and ending June 30, 1950, and Three Thousand Dollars ($3,000.00) of said sum is hereby appropriated for the year beginning July 1, 1950 and ending June 30, 1951. Section 2. The word "children" referred to in Section 1 of this Act is further defined as those children who are not under sixteen (16) years of age or over twenty-one (21) years of age and who have been domiciled in the State of Delaware for twelve (12) or more consecutive months prior to the application for assistance under this Act, and who are attending or may hereafter attend any educational or training institution in the Chapter 11 15 State of Delaware, provided, however, that any child having entered upon a course of training or education, under the pro-visions of this Act, consisting of a course of not more than four years, and arriving at the age of twenty-one (21) years before the completion of said course, may continue in said course and receive all the benefits of the provisions of this Act until said course is completed. Section 3. The money appropriated by this Act shall be used for the purpose of providing and paying any tuition, matricu-lation fees, board and room rent, books and school supplies, and other incidental items in connection with the education and/or training of such children in a sum not to exceed Five Hundred Dollars ($500.00) for any one child for any one year. Section 4. That the amounts that may be due or become due to any such educational or training institution, not in excess of the amount specified in Section 3 hereof shall be payable to said institution as herein mentioned from the fund hereby created on vouchers approved by the Director of the State Board for Vocational Education. And it is hereby made the duty of said Director to ascertain and pass on the eligibility of the children who may make application for the benefits provided in this Act; to satisfy himself of the attendance of such children at any such institution as is herein specified, and of the accuracy of the charge or charges submitted to said Director by the authorities of any such institution, on account of the attendance thereat of any such children as is herein provided for; provided that the necessary expenses incidental to the administration of the provisions of this Act shall be paid by the State Treasurer upon proper vouchers signed by the State Auditor, but said expenses shall not exceed the sum of Five Hundred Dollars ($500.00) in any one year, and further provided that said incidental expenses so appropriated shall be in addition to the moneys appropriated in Section 1 of this Act. Section 5. This Act shall be known as a Supplementary Appropriation Act and the moneys hereby appropriated shall be paid out of the General Fund of the State Treasury not otherwise appropriated. Approved March 7, 1949. 16 CHAPTER 12 DELAWARE HARNESS RACING COMMISSION RESPECTING PART muTuEL AND TOTALIZATOR POOLS AN ACT TO AMEND AN ACT ENTITLED, "AN ACT TO PROVIDE FOR THE REGULATION, CONTROL AND LICENSING OF HARNESS RACING IN THE STATE OF DELAWARE", BEING CHAPTER 303, VOLUME 45, LAWS OF DELAWARE, 1944-45, AS AMENDED, RE-LATING TO COMMISSIONS ON PAR! MUTUEL OR TOTALIZATOR POOLS. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Section 15 of Chapter 303, Volume 45, Laws of Delaware, 1944-45, as amended, by Chapter 31, Volume 46, Laws of Delaware, 1947, be and the same is hereby further amended by repealing all of the eighth paragraph thereof and substituting in lieu thereof a new paragraph as follows: The Delaware Harness Racing Commission shall author-ize commissions on pan i mutuel or totalizator pools to the person, association or corporation operating a harness race meeting, which said commissions shall be a sum equal to twelve and one-half percent (121/2% ) of the total contributions to all pan i mutuel and totalizator pools conducted or made at said harness race meeting, and every harness race at said meeting, plus the odd cents of all re-distributions to be made on all pan i mutuel or totalizator pool contributions exceeding the sum equal to the next lowest multiple of five, such odd cents to be calculated upon the basis of each dollar wagered. Approved March 7, 1949. CHAPTER 13 CONSTITUTIONAL AMENDMENT RELATING TO COMPENSATION OF THE MEMBERS AND PRESIDING OFFICERS OF THE GENERAL ASSEMBLY AN ACT AGREEING TO THE PROPOSED AMENDMENT TO SECTION 15 OF ARTICLE II OF THE CONSTITUTION OF THE STATE OF DELAWARE, RELATING TO THE COMPENSATION OF THE MEMBERS AND PRESIDING OFFICERS OF THE GENERAL ASSEMBLY. 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 concurring therein): WHEREAS, an Amendment to the Constitution of the State of Delaware was proposed to the Senate in the One Hundred and Fourteenth Session of the General Assembly as follows: "AN ACT PROPOSING AN AMENDMENT TO SECTION 15 OF ARTICLE 2 OF THE CONSTITUTION OF THE STATE OF DELAWARE, RELATING TO THE COMPENSATION OF MEMBERS AND PRESIDING OFFICERS OF THE GENERAL ASSEMBLY. "Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all Members elected to each House concurring therein) : "Section 1. That Section 15 of Article II of the Constitution of the State of Delaware, as amended by Chapter 15, Volume 30, Laws of Delaware, be amended by striking out all of the first paragraph of the said Section 15 of Article II, and inserting in lieu thereof the following: "The President of the Senate and the members of the Gen-eral Assembly shall receive an annual salary of One Thousand Dollars ($1,000.00), payable quarterly. The members shall re-ceive no other compensation for services as such members but shall be entitled to the usual expenses of transportation and the 18 Chapter 13 stationery allowance as provided by the Constitution and Laws of the State." AND WHEREAS, the said proposed amendment was agreed to by two-thirds of all the members elected to each House in the said One Hundred and Fourteenth Session of the General As-sembly; and WHEREAS, the said proposed amendment was published by the Secretary of State three months before the then next general election, to wit: the general election of 1948, in three newspapers in each County in the State of Delaware, Now Therefore, 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 of the General As-sembly agreeing thereto): Section .1. That the said proposed Amendment be and it is hereby agreed to and adopted and that the same shall forthwith become and be a part of the Constitution. Approved March 7, 1949. CHAPTER 14 THE CTIT OF WILMINGTON PENSION FIND FOR MEMBERS OF THE POLICE FORCE AN ACT TO AMEND CHAPTER 113, VOLUME 32, LAWS OF DELAWARE (1921) ENTITLED "AN ACT PROVIDING FOR A POLICE PENSION FUND FOR MEMBERS OF THE POLICE FORCE OF THE CITY OF WILMINGTON", AS AMENDED, BY CHANGING THE NUMBER OF YEARS OF SERVICE REQUIRED FOR A PENSION. 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 concurring therein): Section 1. That Section 1 of Chapter 113, Volume 32, Laws of Delaware, (1921) , as amended by Chapter 149, Volume 43, Laws of Delaware (1941) is hereby further amended to read as follows: Whenever a member of the police force of the City of Wil-mington shall have become disabled or incapacitated while in the active performance of official duty and whenever any member of said force who has performed faithful continuous service as such member for a period of not less than fifteen years shall have become permanently incapacitated from performing such regu-lar active duty, he may be retired by the Police Commissioners of the City of Wilmington from regular active service and placed upon the retired list, and all members of said force, who shall have performed faithful continuous service as such member for a period of at least twenty years shall, upon their own applica-tion, be placed upon the retired list, whether they are disabled or not. Each person so retired shall be entitled to receive from the fund herein established an amount equal to one-half of his salary at the time of his retirement, so long as he may remain upon the retired list, said sum to be paid monthly, provided said fund shall be sufficient for the payment of all persons entitled to receive same, and in case it shall not be sufficient for that pur-pose at any time, then the claim of all persons entitled shall abate proportionately, but said fund at no time shall be reduced below the sum of one hundred thousand dollars. 19 20 Chapter 14 Any member of the Department of Public Safety who shall be compelled to perform compulsory military service in the armed forces of the United States under the .provisions of the Selective Training and Service Act of 1940, approved September 16, 1940, as it is at present provided, shall, during the period of such compulsory military service, be considered as also having been in the continuous service of the Department of Public Safety within the meaning of the Act providing for a Police Pen-sion Fund, provided, however, that such member shall resume his active service with the Department of Public Safety upon the expiration of such compulsory military service, in accordance with the rules of the said Department. Approved March 8, 1949. CHAPTER 15 BANKS, SAVINGS SOCIETIES AND TRUST COMPANIES RESPECIING THE DEPOSIT OF SECURITIES AN ACT TO AMEND CHAPTER 66 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED "BANKS, SAVINGS SOCIETIES AND TRUST COM-PANIES" WITH RESPECT TO THE SAFEKEEPING OF THE SECURITIES DEPOSITED WITH THE STATE BANK COMMISSIONER. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 66 of the Revised Code of Dela-ware, 1935, as amended, be and the same is hereby further amended by adding at the end of 2362. Sec. 105. thereof a new paragraph as follows: Whenever securities are deposited with the State Bank Com-missioner under any provisions of the Banking Laws of the State, such securities shall be deposited in a safe deposit box in a Dela-ware bank, and shall be deposited therein or withdrawn there-from only by the State Bank Commissioner of the State, or his Deputy duly appointed, accompanied by the State Auditor, or his Deputy duly appointed. Approved March 16, 1949. 21 22 CHAPTER 16 MOTOR VEHICLES RELATING TO TRACTION ENGINES AND TRACTORS AN ACT TO REPEAL CHAPTER 193, VOLUME 44, LAWS OF DELAWARE, AND FURTHER TO AMEND 5689. SEC. 151 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO TRACTION ENGINES AND TRACTORS, BY PROVIDING FOR THE VEHICLES WHICH SHALL BE PERMITTED TO BE ATTACHED THERETO AND HAULED OVER THE PUBLIC STREETS, ROADS AND HIGHWAYS. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 193, Volume 44, Laws of Dela-ware be and the same is hereby repealed. Section 2. That 5689. Sec. 151 of Chapter 193 of the Re-vised Code of Delaware, 1935, as amended, be and the same is hereby further amended by inserting a new paragraph immedi-ately after paragraph (b) of said section, to be known as 5689. Sec. 151 (c), as follows: "(c) A traction engine or tractor equipped with pneumatic tires shall, as hereinafter provided, be allowed or permitted to have attached thereto and hauled over the public streets, roads and highways of this State any vehicle or vehicles with smooth metal or pneumatic tires used primarily as a farm implement or implements, or any wagon or wagons used for hauling farm produce, or one or more of each, Provided that the overall length of such traction engine or trac-tor and the implements and/or wagons attached thereto shall not exceed seventy-five (75) feet. Approved March 22, 1949. CHAPTER 17 MOTOR VEHICLES RELATING TO CRANES AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED "MOTOR VEHICLES", RELATING TO CRANES. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 165 of the Revised Code of Dela-ware, 1935, as amended, be further amended by adding a new paragraph to 5539. Section 1 thereof, to be known as paragraph (hh) as follows: Ihh) Cranes: Any self-propelled vehicle to which has been permanently mounted, or attached, any crane, whether or not such vehicle was originally a truck, tractor, or other type of motor vehicle or was designed and built as a complete crane unit; provided, however, that the word "crane" as herein de-fined, shall not be construed to mean any truck or other vehicle equipped with, or to which has been affixed any device used for the purpose of providing a means for towing other vehicles. Section 2. That Chapter 165 of the Revised Code of Dela-ware, 1935, as amended, be further amended by adding a new paragraph to 5564. Section 26 thereof, as follows: For registration of any crane the fee shall be Five Dollars ($5.00) for the first five hundred pounds of the gross weight of such machine and Fifty Cents (50c) for each additional five hun-dred pounds of the gross weight of such machine. Section 3. That Chapter 165 of the Revised Code of Dela-ware, as amended, be further amended by adding a new para-graph to 5666. Section 128 thereof, to be known as paragraph (j) as follows: 23 (j) A crane need not be equipped with the lights required by this or any other Act of this Chapter; provided, however, that 24 Chapter 17 any such machine not equipped with lights as required by this Section shall not be driven upon, stand upon, or used in any way upon the highways of this State during the period from one half hour after sunset to one half hour before sunrise. Approved March 22, 1949. CHAPTER 18 NEW CASTLE COUNTY LEVY COURT TO REFUND CERTAIN OVERPAYMENTS OF TAXES AN ACT AUTHORIZING, EMPOWERING AND DIRECTING THE LEVY COURT OF NEW CASTLE COUNTY TO RE-FUND CERTAIN OVERPAYMENTS OF TAXES, IN CON-NECTION WITH A SPECIAL ASSESSMENT AGAINST CERTAIN LANDS FOR THE CONSTRUCTION OF A ROAD IN BRANDYWINE HUNDRED, NEW CASTLE COUNTY, DELAWARE, KNOWN AS IHLLSIDE ROAD. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. WHEREAS, the State Highway Department of Delaware, did construct a road in Brandywine Hundred, New Castle County, Delaware, now known as Hillside Road. Section 2. That the Levy Court of New Castle County did afterwards cause an assessment to be made of all the lands abut-ting both sides of said Hillside Road and did levy and collect a special county tax on said lands. Section 3. That said Levy Court of New Castle County recognizing that said special tax for the purpose aforesaid, was excessive, that refunds should be made to the persons named below for the amounts set opposite their respective names, being the overpayment of the excessive tax levied for the construc-tion of said road. 25 That said amounts above mentioned and set forth shall be paid on the passage and approval of this Act. Approved March 22, 1949. Lena E. Casey#23 Hillside Road $83.06 Boyton Graham#30 Hillside Road 179.41 Harry M. Norton#29 Hillside Road 83.06 James S. & Estelle Conly #39 Hillside Road 79.68 26 CHAPTER 19 COURT OF CHANCERY RELATING TO INVESTMENTS OF TRUSTEES, GUARDIANS AND OTHER FIDUCIARIES AN ACT TO AMEND CHAPTER 117, REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO IN-VESTMENTS OF TRUSTEES, GUARDIANS AND OTHER FIDUCIARIES. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 117 of the Revised Code of Dela-ware, 1935, as amended be and the same is hereby further amended by striking out and repealing all of sub-division (c) of 4401. Sec. 35. thereof and enacting and inserting in lieu thereof the following, to wit: 4401. Sec. 35 (c). Nothing contained in this Section 35 shall be construed as authorizing any departure from, or varia-tion of, the express terms or limitations set forth in any will, agreement, court order or other instrument creating or defining the fiduciary's duties and powers, but the terms "legal invest-ment" or "authorized investment" or words of similar import, as used in any such instrument, shall be taken to mean any invest-ment which is permitted by the terms of sub-division (b) of this Section 35, and a power granted a bank or trust company author-ized to act in a fiduciary capacity and acting in such capacity generally to retain property either owned by the testator at the time of his death or transferred by the settlor to the trustee shall be as effective to authorize such bank or trust company to retain shares of stock of such bank or trust company either owned by the testator at the time of his death or transferred by the settlor to the trustee as if the trust instrument expressly so provided. Approved March 23, 1949. CHAPTER 20 SELBYVILLE AN ACT TO AMEND CHAPTER 166, VOLUME 37, LAWS OF DELAWARE, BEING "AN ACT TO REINCORPORATE THE TOWN OF SELBYVILLE" AS AMENDED, BY IN-CREASING THE AMOUNT OF TAXES THAT MAY BE RAISED IN ANY ONE YEAR BY TAXATION AND PRO-VIDING THE METHOD BY WHICH TAXES AND PEN-ALTIES FOR NON-PAYMENT OF THE SAME MAY BE COLLECTED. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: (two-thirds of of all Members elected to each branch of the Legislature concur-ring therein): Section 1. That Section Eight of Chapter 166, Volume 37, Laws of Delaware, as amended by Chapter 122, Volume 38, Laws of Delaware, 1933 as further amended by Chapter 185, Volume 43, Laws of Delaware, 1941 be and the same is hereby repealed, and a new Section to be known as Section Eight of Chapter 166, Volume 37, Laws of Delaware, be and the same is hereby enacted to read as follows: "Section 8. The said The Mayor and Council of the Town of Selbyville shall at its first stated meeting in every year determine the amount of taxes to be raised in said Town for that year, pro-vided that the amount to be raised shall not in any year be more than Twenty-five thousand dollars ($25,000.00) ; and it shall ap-point an assessor, who may or may not be one of the Council-men, to make an assessment of persons and property in said Town; and it shall also appoint a collector and treasurer who may or may not be the same person. It shall be the duty of the assessor of said Town, within two weeks from his appointment, to make a true, just and impartial valuation and assessment of said Town, and also an assessment of all the citizens of said Town, both male and female, of the age of twenty-one years and upwards, as well as those owning real estate as those not owning real estate of Two Dollars as a poll tax. Provided, however, that 27 28 Chapter 20 nothing herein contained shall in any way render subject to levy and taxation any property in said Town that may now be ex-pressly exempted from taxation and assessment by law. The said assessor, after making said assessment, shall forthwith deliver to The Mayor and Council of the Town of Selbyville a duplicate containing the names of all persons assessed and the amount of the assessment, distinguishing the real and personal property of each. The Council shall assess the real and personal estate of the assessor. The said The Mayor and Council of the Town of Selby-vile shall within fifteen days after receiving said duplicate assessment list cause a complete and full transcript of said dupli-cate to be hung up in a public and conspicuous place in said Town, there to remain for the space of twenty days thereafter for public inspection; and the said The Mayor and Council of the Town of Selbyville shall, on the Wednesday next after the expiration of the said period of twenty days, from two o'clock to four o'clock in the afternoon, sit to hear appeals from said assessment. Notice of the hanging up of the list, and also at the same time notice of the time and place of hearing appeals shall be given by notices posted in at least six public places in said Town. They shall have the power on such day to add to or take from the amount of any assessment, except that of poll tax which shall always remain at Two Dollars per capita. The deci-sion of a majority of the said The Mayor and Council of the Town of Selbyville, upon any appeal, shall be final and conclu-sive. No member of said Council shall sit upon his own appeal, but the same shall be heard and determined by the others. Im-mediately after the appeal day the said The Mayor and Council of the Town of Selbyville shalt cause the assessment list to be transcribed and the transcript to be delivered to the collector. He thereupon shall collect from each taxable his proportion of the tax assessed, but in the collection of taxes the said collector shall deduct five per cent from the amount of the tax assessed against the property of any one who shall pay such tax by the first day of May following the assessment of said tax, and shall deduct four per cent from the amount of taxes assessed against the property of any one who shall pay such tax by the first day of June following the assessment of said tax. The full amount of the tax assessed is due if collected during the months of June, July and August, and beginning with the first day of September the collector shall add one per cent each month as a penalty, Chapter 20 29 until the tax assessed is collected. The collector shall pay over the whole amount that he may have collected, after deducting his commissions and any delinquencies which may be al/owed, to the Treasurer, on or before the first day of January next after the receipt of his duplicate. The collector shall have the same power in the collection of said taxes as is conferred by law upon the Receiver of Taxes and County Treasurer of Sussex County." Approved March 23, 1949. 30 CHAPTER 21 BANKS, SAVINGS SOCIETIES AND TRUST COMPANIES COLLECTION, PAYMENT AND DISHONOR OF DEMAND ITEMS BY BANKS, AND THE REVOCATION OF CREDIT FOR, AND PAYMENT OF, SUCH ITEMS AN ACT TO AMEND CHAPTER 66 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED "BANKS, SAVINGS SOCIETIES AND TRUST COM-PANIES" IN RELATION TO THE COLLECTION, PAY-MENT, AND DISHONOR OF DEMAND rrEms BY BANKS AND THE REVOCATION OF CREDIT FOR, AND PAYMENT OF, SUCH ITEMS. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 66 of the Revised Code of Dela-ware, 1935, as amended, be and the same is hereby further amended by adding after 2271. Sec. 14. thereof a new Code Sec-tion to be designated 2271A. Sec. 14A., as follows: 2271A. Sec. 14A. Collection, Payment and Dishonor of Demand Items by Banks; Revocation of Credit; Payment of: In any case in which a bank receives, other than for immediate payment over the counter, a demand item payable by, at or through such bank and gives credit therefor before midnight of the day of receipt, the bank may have until midnight of its next business day after receipt within which to dishonor or refuse payment of such item. Any credit so given, together with all related entries on the books of the receiving bank, may be re-voked by returning the item, or if the item is held for protest or at the time is lost or is not in the possession of the bank, by giving written notice of dishonor, non-payment, or revocation; provided that such item or notice is dispatched in the mails or by other expeditious means not later than midnight of the bank's next business day after the item was received. For the purpose of determining when notice of dishonor must be given or protest made under the law relative to negotiable instruments, an item duly presented, credit for which is revoked as authorized by this Chapter 21 31 Act, shall be deemed dishonored on the day the item or notice is dispatched. A bank, revoking credit pursuant to the authority of this Act, is entitled to refund of, or credit for, the amount of the item. For the purposes of this Act: (a) an item received by a bank on a day other than its business day, or received on a business day after its regular business hours or during afternoon or eve-ning periods when it has reopened or remained open for limited functions, shall be deemed to have been received at the opening of its next business day; (b) the term "credit" includes pay-ment, remittance, advice of credit, or authorization to charge and, in cases where the item is received for deposit as well as for payment, also includes the making of appropriate entries to the receiving bank's general ledger without regard to whether the item is posted to individual customers' ledgers; and (c) each branch or office of a bank shall be deemed a separate bank. Approved March 23, 1949. 32 CHAPTER 22 AUTHORIZING PROTHONOTARY OF SUSSEX COUNTY TO MAKE INDICES OF JUDGMENTS AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO AUTHORIZE THE PROTHONOTARY OF THE SUPE-RIOR COURT OF THE STATE OF DELAWARE, IN AND FOR SUSSEX COUNTY, TO MAIM INDICES OF JUDGE-MENTS IN IHS OFFICE", BEING CHAPTER 106, VOL-UME 46, LAWS OF DELAWARE, 1947, RELATING TO THE BEGINNING DATE OF THE INDICES. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Section 1 of Chapter 106, Volume 46, Laws of Delaware, 1947, be and the same is hereby amended by strik-ing out the words and figures "from the April Term, A. D. 1862" wherever the same appear in said Section 1 of said Chapter and by substituting in lieu thereof the words and figures "from the April Term, A. D. 1900." Section 2. That Section 2 of Chapter 106, Volume 46, Laws of Delaware, 1947, be and the same is hereby amended by strik-ing out the words and figures "from the year A. D. 1862" where-ever the same appear in said Section 2 of said Chapter and by substituting in lieu thereof the words and figures "from the April Term, A. D. 1900." Approved March 25, 1949. 33 CHAPTER 23 DELAWARE HARNESS RACING COMMISSION AN ACT TO AMEND CHAPTER 303, VOLUME 45, LAWS OF DELAWARE, AS AMENDED, ENTITLED, "AN ACT TO PROVIDE FOR THE REGULATION, CONTROL AND LICENSING OF HARNESS HORSE RACING IN THE STATE OF DELAWARE, WITH REFERENCE TO THE MEMBERSHIP OF THE DELAWARE HARNESS RACING COMMISSION, THE AWARDING OF DATES FOR HAR-NESS HORSE RACING IN THE STATE OF DELAWARE, AND CHANGING CERTAIN WORDS IN SAID ACT." Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 303, Volume 45, Laws of Dela-ware, 1945, as amended, be and the same is hereby further amended, by striking out and repealing, all of Section 2, Section 3, Section 4, Section 5, Section 6, Section 7, thereof, and inserting and enacting in lieu thereof respectively the following new Sec-tions to be known as Section 2, Section 3, Section 4, Section 5, Section 6 and Section 7. Section 2. The said Commission shall consist of three (3) members, one from each County of the State, who shall be appointed by the Governor of the State of Delaware, not more than two (2) of said members to be of the same political party. The member of said Commission heretofore appointed by the Governor, shall continue as one of the members of said Commis-sion until his term of office expires. In addition to the member heretofore appointed, two additional members shall be appointed by the Governor, who shall be bona fide residents of the County for which they are respectively appointed. Both the member from New Castle County and the one from Sussex County shall be appointed by the Governor of the State of Delaware, for six years; each of said members shall be at least thirty years of age, next preceding his appointment. The two additional members to be appointed by the Governor under this Amended Act shall be appointed immediately after this Act is passed and approved by 34 Chapter 23 the Governor; each to serve six years from the time of their appointment and qualification and shall serve until his or their successor or successors shall be appointed and qualified. Vacancies in said Commission for any reason other than expiration of term of office shall be filled by the Governor for the unexpired term of any of the members of this Commission. The Governor shall appoint a bona fide resident of the proper County for a full term of six years when there is a vacancy by reason of expiration of term. The Governor shall remove any or all of said members of this Commission for inefficiency, neglect of duty or misconduct in office, first giving to him or them, a copy of the charges filed against him or them and an opportunity of being publicly heard in person or by counsel in his or their defense upon not less than ten (10) days' written notice. If any member or members of said Commission, shall be removed from said office, the Governor shall file in the office of the Secretary of State of Delaware, a complete statement of all charges made against said member or members of said Commission and his findings thereof, together with a complete record of the proceedings. No person shall be eligible for appointment by the Commission or hold any position under the Commission, who at the time of his assumption of office shall hold any official relation to any association or corpor-ation engaged in or conducting of Harness Horse Racing within the State of Delaware. Section 3. Before entering upon the discharge of the duties of office as a member of this Commission, each member of the Commission shall take an oath that he will well and faith-fully execute all and singular the duties appertaining to his or their office according to the Laws of the State of Delaware and the rules and regulations adopted by the Commission therewith, and shall give bond to the State of Delaware with personal or corporate surety or sureties approved by the Governor in the penal sum of Twenty-five Thousand Dollars ($25,000.00) with the condition, that he will well and faithfully execute and per-form all and singular the duties appertaining to his office accord-ing to the Laws of the State of Delaware, and the rules and regulations adopted in accordance therewith. Every such bond Chapter 23 35 when duly executed and approved, shall be filed in the office of the Secretary of State of the State of Delaware, and certified copies under the seal of the said Secretary of State may be used as evidence in any Court of this State. It shall be the duty of the Governor at all times when, in his opinion, the surety or sureties of any or all of said members of said Commission shall become or are likely to become invalid or insufficient, to demand and require such member or members of said Commission forth-with to renew his bond to the State of Delaware with surety or sureties to be approved by the Governor, in the penalty and according to the form prescribed in this Section. Any member of said Commission who shall fail to take oath and give bond with surety or sureties as aforesaid within thirty (30) days of his or their appointment, or who shall fail to renew his bond with surety or sureties as aforesaid within thirty days after the same have been demanded and required by the Governor, shall be deemed to be guilty of "neglect of duty" and shall be remov-able as hereinbefore provided. Section 4. The Commission shall establish and maintain an office or offices at such time and places within the State of Delaware as the Commission shall determine. The members of the Commission shall be entitled to their reasonable expenses for traveling to and from such office or offices on official business. The Commission may appoint such officers, clerks, stenographers, inspectors and all other employees as they deem necessary, all of whom shall serve during the pleasure of said Commission. The Secretary of said Commission shall keep a record of all proceed-ings of the Commission, and shall preserve all books, maps, docu-ments and papers belonging to the Commission or entrusted to its care, and perform such other duties as the Commission may prescribe. The Commission shall make an annual report to the Governor on or before the first day of January in each and every year, which report shall include a statement of receipts and dis-bursements by the Commission, and any and all additional infor-mation and such recommendations which the Commission may deem of value. Section 5. The salary of the Commissioners shall be One Dollar ($1.00) per year. The salaries of clerks and other em-ployees of the Commission, and the rental of offices and other expenses of the Commission, which expenses shall be deemed to 36 Chapter 23 include the premiums on surety or corporate bonds of the mem-bers of the Commission as required in Section 3 hereof, shall not exceed the sum of Six Thousand Dollars ($6,000.00) per annum. Any person or persons, associations or corporations, upon applying to the Commission for a license to conduct a Harness Race meeting within the State of Delaware during any calendar year, shall, at the time of making such application, pay to the said Commission, a fee of Five Hundred Dollars ($500.000). Any person, associations or corporations who shall be granted a license by the Commission to conduct a Harness Race meeting within the State of Delaware, within any calendar year, shall at the time such license is granted, pay to the said Com-mission an additional fee of Two Hundred and Fifty Dollars ($250.00). Section 6. This Act shall apply to Harness Horse Races upon which wagering or betting is conducted as herein provided. Section 7. Any person or persons, association or corpora-tion, desiring to conduct a Harness Horse Race meet within the State of Delaware during any calendar year, shall apply to the Commission for a license so to do. Such application shall be filed with the Commission on or before a day fixed by the Commis-sion. Such application shall specify the days on which such Harness Horse Racing is desired to be conducted or held, and such application shall be in such form and supply such data and information, including a blue print of the track and specifications of surface of same and a blue print and specifications of buildings and grandstand of the applicant as the Commission may pre-scribe, which said blue prints and specifications shall be subject to the approval of the Commission, which, at the expense of the applicant may order such engineering examination thereof as to the Commission may seem necessary. The erection and construc-tion of the track, grandstand and buildings of any applicant for a license to conduct Harness Horse Racing under this Act, shall be subject to the inspection of the Commission, which may order such engineering examination thereof as to the Commission may seem necessary at the expense of the applicant, and may employ such inspectors as the Commission may consider necessary for the said purpose. Said Commission shall, on or before the fif- Chapter 23 37 teenth day of January in each year, award all dates for Harness Horse Racing in the State of Delaware within the current year, but the said dates so awarded shall not exceed sixty days in the aggregate, and the decision of the Commission on the awards of all such dates shall be final. The Commission shall have power to reject any application for a. license for any cause which it may deem sufficient and the action of the Commission shall be final. Said Racing Commission shall on or before the fifteenth day of January of each year award all dates for Harness Horse Racing in the State of Delaware within the current year, but said dates so awarded shall not exceed twenty days in the aggregate for Kent County, twenty days for Sussex County and twenty days for New Castle County, and the decision of the Commission on the awarding of all such dates shall be final. No one person, association or corporation shall be given a license to conduct Harness Horse Racing for more than twenty days in one year, and no person, association or corporation shall be given a license to hold more than two meetings in any one year nor shall more than two meetings for Harness Horse Racing with an aggregate of twenty days, be held in any one year on any one track within the State of Delaware; provided, however, in the event that in any year only one application to the Delaware Harness Racing Commission for a license to conduct harness racing within the State of Delaware shall qualify for a license to conduct Harness Horse Racing within the State of Delaware who shall qualify for a license on or before the fifteenth day of January in said year, the Commission may authorize said sole licensee to hold one or more meetings for said year for an aggregate of sixty days. Ten (10) days before any Harness Horse Racing meet may be held under this Act, the person or persons, association or cor-poration licensed to conduct the meet shall deposit with the Harness Horse Racing Commission, insurance against personal injury liability which may be sustained at such meet, said insur-ance to be in the amount approved by the Commission with premium or premiums prepaid. Not less than five (5) days prior to the opening of any meet authorized by the Delaware Harness Racing Commission, the Commission, at the expense of the licensee for said meet, shall cause to be made an inspection of the track, grandstand and 38 Chapter 23 buildings where said meet is to be held, and unless said track, grandstand and buildings where said meet is to be held are found to be safe for animals and persons, or are rendered safe there-after and therefor prior to the opening of the meet, the license for said meet shall be withdrawn. Section 2. That Section 10 of said Chapter 303, Volume 45, Laws of Delaware, be amended by striking out in the twenty-fourth line of the fifth paragraph of said Section, the word "member" and by inserting and enacting in lieu thereof the word "members." Section 3. That all Acts and part of Acts inconsistent with any provisions of this Act be and the same are hereby repealed to the extent of, and only to the extent of, any such inconsistency or inconsistencies. Approved April 5, 1949. CHAPTER 24 DELAWARE RACING COMMISSION AN ACT. TO AMEND CHAPTER 163 OF THE REVISED CODE OF DELAWARE, 1935, ENTITLED "DELAWARE RAC-ING COMMISSION" AS AMENDED, RELATING TO DAYS OF RACING, BY AUTHORIZING THE DELA-WARE RACING COMMISSION TO AUTHORIZE A SOLE LICENSEE TO HOLD ONE OR MORE MEETINGS A YEAR FOR AN AGGREGATE OF THIRTY-THREE DAYS. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 163 of the Revised Code of Dela-ware, 1935, as amended, be and the same is hereby further amended by striking out of 5502. Sec. 7 thereof, the words "thirty days" appearing in the last line of the first paragraph thereof, and inserting in lieu thereof"thirty-three days." Approved April 5, 1949. 39 40 CHAPTER 25 REPEALING THE PROVISION OF LAW REQUIRING EXCLUSIVE CONSIDERATION OF THE BUDGET BILL AN ACT TO AMEND CHAPTER 158, REVISED CODE OF DELAWARE, AS AMENDED, BY REPEALING THE PROVISION OF LAW REQUIRING EXCLUSIVE CON-SIDERATION OF THE BUDGET BILL, WHEN. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 158 of the Revised Code of Dela-ware, 1935, as amended, be and the same is hereby further amended, by striking out and repealing all of 5413. Sec. 15. thereof. Approved April 20, 1949. CHAPTER 26 INSURANCE DEPARTMENT AN ACT TO AMEND CHAPTER 20 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED, "INSURANCE DEPARTMENT" WITH REFERENCE TO REINSURANCE OF CERTAIN RISKS IN COUNTRIES OTHER THAN THE UNITED STATES, ITS TERRITO-RIES, POSSESSIONS, OR THE DISTRICT OF COLUMBIA. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 20 of the Revised Code of Dela-ware, 1935, as amended, be and the same is hereby further amended by adding at the end of 477. Sec. 16 thereof a new paragraph, as follows: All or any part of the risks assumed by any domestic insur-ance company in any country other than the United States or a territory or insular possession thereof or the District of Columbia may, with the consent of the Insurance Commissioner, be re-insured in or transferred to any solvent insurance company authorized to transact business in any part of the world. There-after such domestic insurance company shall not be required to charge as liabilities the reserves and other liabilities pertaining to risks so transferred and may take credit in its liabilities for reserves and other liabilities maintained by such insurance com-pany pertaining to risks or portions of risks so reinsured. Approved April 25, 1949. 41 42 CHAPTER .27 BRIDGEVILLE AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO RE-INCORPORATE THE TOWN OF BRIDGEVILLE" BEING CHAPTER 158, VOLUME 43, LAWS OF DELAWARE, WITH REFERENCE TO THE AMOUNT OF TAXES RAISED AND THE COLLECTION THEREOF. 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 branch thereof concurring therein): Section 1. That Section 18, Chapter 158, Volume 43, Laws of Delaware, be, and it is hereby, amended by deleting ttie words "Twelve Thousand" where the same appear in the twentieth line of said section, and by substituting in lieu thereof the words "Twenty Thousand." Section 2. That Chapter 158, Volume 43, Laws of Dela-ware, 1941, as amended, be and the same is hereby further amended by striking out and repealing all of Section 40 of said Chapter and by substituting and enacting in lieu thereof a new Section 40, as follows: Section 40. On all town taxes assessed as aforesaid and paid before the first day of July in the year such taxes are assessed, an abatement or discount of five per centum shall be allowed; on all town taxes thereafter paid by the thirtieth day of September following, no abatement or discount shall be allowed. Taxes not paid by the thirtieth day of September of the year for which said taxes are assessed and due may be col-lectible by legal proceedings and may be placed in the hands of a County Constable for collection of taxes and costs, by suit if necessary. Approved April 26, 1949 CHAPTER 28 VOCATIONAL REHABILITATION AN ACT TO AMEND CHAPTER 68, VOLUME 46, LAWS OF DELAWARE, 1947, WITH RESPECT TO VOCATIONAL REHABILITATION. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 68, Volume 46, Laws of Dela-ware, 1947, be and the same is hereby amended by striking out and repealing the words, "wounded or otherwise impaired as result of participation in World War II" as the said words ap-pear in the second and third lines of paragraph designated (d) of Section 4 of said Chapter 68. Approved April 27, 1949. 43 CHAPTER 29 KENT COUNTY LEVY COURT AN ACT AUTHORIZING TILE RECORDER OF THE STATE OF DELAWARE, IN AND FOR KENT COUNTY, TO PROCURE A RECORD FOR THE PURPOSE OF RE-CORDING CHATTEL MORTGAGES OF FINANCE COM-PANIES IN KENT COUNTY. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. The Recorder of the State of Delaware, in and for Kent County, is authorized to have records of forms printed and bound, for the purpose of recording chattel mortgages of Finance Companies in Kent County, which record shall be printed upon good record paper and with necessary blanks for the names, dates and description of personal property. Section 2. All records of forms so printed shall be evidence in law as other records of Kent County. Section 3. The Levy Court of Kent County is hereby authorized and directed to pay the necessary costs of procuring said records. Approved April 27, 1949. CHAPTER 30 SELBYVILLE AN ACT TO AMEND CHAPTER 280 OF VOLUME 46, LAWS OF DELAWARE, 1947, ENTITLED AN ACT TO AUTHOR-IZE "THE MAYOR AND COUNCIL OF THE TOWN OF SELBYVILLE" TO BORROW MONEY AND TO ISSUE BONDS TO SECURE THE PAYMENT THEREOF FOR THE PURPOSE OF PROVIDING A SEWER SYSTEM AND SEWERAGE DISPOSAL WORKS FOR SAID TOWN, AND TO CONTROL AND REGULATE THE SAME, BY INCREASING THE AMOUNT "THE MAYOR AND COUN-CIL OF THE TOWN OF SELBYVILLE" IS AUTHORIZED AND EMPOWERED TO BORROW AND BY INCREAS-ING THE AMOUNT TO BE RAISED BY TAXATION FOR THE PURPOSE OF ESTABLISHING A SINKING FUND FOR THE REDEMPTION OF SAID BONDS. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all members elected to each house thereof concurring therein): Section 1. That "The Mayor and Council of the Town of Selbyville" a municipal corporation of the State of Delaware, be, and it is hereby, authorized and empowered to borrow, on the faith and credit of the Town of Selbyville, a sum of money not exceeding Three Hundred Fifty Thousand Dollars ($350,000.00), which may be applied, appropriated and expended to build, construct, maintain and operate, under such rules and regulations as "The Mayor and Council of the Town of Selby-vine" may deem necessary and proper, a sewer system and sewage disposal works for the use and benefit of the Town of Selbyville and its inhabitants. Section 2. That the said "The Mayor and Council of the Town of Selbyville" for the purpose of carrying into effect the provisions of this Act, is hereby authorized and empowered to issue bonds of the municipal corporation of such denominations as the said "The Mayor and Council of the Town of Selbyville" may deem best, said bonds to be known as "Selbyville Sewer 45 46 Chapter 30 Bonds" all of which are to bear the same date and to bear interest at a rate not exceeding four per centum (4%) per an-num, payable semi-annually at the office of Baltimore Trust Company, at Selbyville, Delaware. The principal of said bonds shall be made payable at the expiration of twenty-five (25) years from the date of issue thereof, subject, however, to redemp-tion at the option of "The Mayor and Council of the Town of Selbyville" at any interest period after the issuance of the bonds, after notice to that effect published in at least one issue of a newspaper published in Sussex County, Delaware. Section 3. That the said "The Mayor and Council of the Town of Selbyville" shall direct and effect the preparation and printing of the bonds authorized by this Act, and shall also pre-scribe the form of said bonds, which shall be signed by the Mayor and by the Treasurer of the said "The Mayor and Council of the Town of Selbyville" and shall be sealed with the corporate seal of said corporation. Said bonds shall be exempt from all State, County, and Municipal taxes. The bonds may or may not be coupon bonds as "The Mayor and Council of the Town of Selby-ville" may determine. Section 4. "The Mayor and Council of the Town of Selby-vine" shall direct the sale of the said bonds authorized by this Act at such time or times and on such terms as the said "The Mayor and Council of the Town of Selbyville" shall deem expedient. Section 5. That the said "The Mayor and Council of the Town of Selbyville" is hereby authorized and required to assess and collect annually in the same manner as is now provided by law for assessing and collecting other taxes for municipal pur-poses, a special tax, which in addition to the estimated net revenue to be derived from sewer rentals shall be sufficient to pay all the interest accruing on said bonds. And it is further hereby authorized and empowered to assess and collect annually in the same manner a further special tax for the purpose of establishing a sinking fund adequate for the redemption at maturity, as prescribed in this Act, of the bonds issued under the provisions of this Act; provided, that the amount to be raised by taxation for the purpose of establishing said sinkin7 fund for the redemption of said bonds shall not exceed the sum of Chapter 30 47 Fourteen Thousand Dollars ($14,000.00), in any one year. The sinking fund so to be provided shall be deposited in the Baltimore Trust Company, at Selbyville, Delaware, until such time as it may be needed for the redemption of any or all of said bonds. Section 6. That the said "The Mayor and Council of the Town of Selbyville" is hereby authorized and empowered to do all things necessary for the location, erection, construction, equipment and operation of said sewer system and sewage dis-posal works and to provide for the care and maintenance of the same, and to purchase all such instruments, appliances and supplies as may be necessary for establishing said sewer system and sewage disposal works in said town, and for furnishing the citizens and inhabitants thereof with proper and adequate sewer-age facilities, and to effect the same "The Mayor and Council of the Town of Selbyville" shall have the power and authority to lay pipes and conduits under and along any of the streets, lanes, alleys or highways of said town, or any road adjacent thereto, and also to contract and agree with the owner or owners for the occupation or purchase of any land or lands which may be necessary for the purpose of carrying into effect the provisions of this Act. In the event, however, that any owner of property should fail to agree with the Town, "The Mayor and Council of the Town of Selbyville" shall have full power of eminent domain over any lands or property rights required for any purpose con-nected with the installation or operation or extension of the said sewer system and shall be able to condemn property rights for the use of the sewer system in the same manner and to the same extent as the Mayor and Council of Selbyville are authorized to do in connection with the public streets within the said Town. "The Mayor and Council of the Town of Selbyville" shall have authority to require any premises to be connected to the sewer system, and in the event that any property owner should neglect to connect his property immediately after ordered to do so by "The Mayor and Council of the Town of Selbyville" the said Mayor and Council shall have the authority to connect the premises with the sewer as ordered and to collect the cost of such connection by the same process as Town Taxes are collect-ible. The said "The Mayor and Council of the Town of Selby-ville" shall have the supervision and control of all public pipes, sewers and drains connected with said sewer system and sew- age disposal works, whether within or without the corporate limits of said Town of Selbyville, and may alter, repair and re-move the same and may cause new pipes, drains and sewers to be made and opened. The said "The Mayor and Council of the Town of Selbyville" may cause such pipes, sewers and drains to be laid in any of the said streets, lanes, alleys or highways of the said town in such manner and of such material as it, the said "The Mayor and Council of the Town of SelbyvilIe" may deem proper. The said "The Mayor and Council of the Town of Selby-ville" is hereby authorized to make rules regulating the tapping or use of public sewers by the owners of abutting land, and shall provide for the granting of permits for the same and for the payment of such tapping fees and sewer rental charges as the said "The Mayor and Council of the Town of Selbyville" shall deem proper; and it shall prescribe the material of all private drains or sewers which shall enter into any public sewer and shall direct the manner in which they shall be laid. Section 7. That the said "The Mayor and Council of the Town of Selbyville" is authorized and empowered to engage the services of such agents and servants as it may deem necessary in the erection and completion of said sewer system and sewage disposal works as herein provided. Section 8. That the said "The Mayor and Council of the Town of Selbyville" is hereby authorized and empowered to adopt such ordinances as it may deem necessary for the opera-tion, management and control of said sewer system and sewage disposal works, and shall grant to all persons and corporations in the said Town of Selbyville the privilege of using said sewers in such manner and upon such terms and conditions as may seem just and proper to the said "The Mayor and Council of the Town of Selbyville." Section 9. The Three Hundred Fifty Thousand Dollars ($350,000.00) of bonds and various forms of indebtedness to be paid by the moneys arising from the sale of the bonds issued under the provisions of this Act shall be cancelled when the same is paid by writing on the face of each bond or other form of indebtedness the words "Cancelled and Paid" with the date of payment and signed by "The Mayor and Council of the Town of 48 Chapter 30 Chapter 30 49 Selbyville" and the bonds or other forms of indebtedness so cancelled shall be preserved by "The Mayor and Council of the Town of Selbyville." Section 10. That before the provisions of this Act shall go into effect the borrowing of a sum of money not to exceed Three Hundred Fifty Thousand Dollars ($350,000.00), as afore-said, shall be submitted to and approved by a majority of the votes cast at a special election. The said election shall be called by "The Mayor and Council of the Town of Selbyville" and shall be held, certified to and recorded in the same manner as the election of the officers of said Town. At such election each per-son shall be qualified to vote one vote for every dollar of property tax which is assessed against him on the books of "The Mayor and Council of the Town of Selbyville" as of the date of the election. If the borrowing of the said money shall not be ap-proved by a majority of the said votes at said special election, the said "The Mayor and Council of the Town of Selbyville" is authorized and directed to call any other special elections from time to time, to be held in like manner and for the same pur-pose as the above described election, with the provision that no two special elections shall be called for this purpose within six months of each other. Section 11. That the faith and credit of the Town of Selby-vine are hereby pledged for the payment of bonds authorized to be issued under the provision of this Act. Approved April 27, 1949. 50 CHAPTER 31 FISH, OYSTERS AND GAME AN ACT TO AMEND CHAPTER 74, REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO FISH, OYSTERS AND GAME, BY PROVIDING A LIMIT TO THE LENGTH OF CERTAIN NETS, AND PROVIDING PENALTIES FOR VIOLATIONS. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 74 of the Revised Code of Dela-ware, 1935, as amended, be and the same is hereby further amended by enacting and adding to 3020. Sec. 219. thereof a new paragraph, as follows, to wit: Provided, however, that no drift net, ring net, or haul seines, or combination of nets, otherwise legal to use, shall be used in the Indian River Bay, Indian River, Rehoboth Bay, or the tributaries thereof if the length of such net or nets exceeds Three hundred yards while being fished. Any person violating any provision hereof shall, upon conviction, be fined not less than Fifty Dollars ($50.00) for the first offense and not less than One Hundred Dollars ($100.00) for each subsequent offense, and in addition to such fine shall suffer the forfeiture to the State of Delaware of the net or nets used at the time of the violation. Approved April 27, 1949. 51 CHAPTER 32 FREDERICA AN ACT TO REINCORPORATE THE TOWN OF FREDERICA. 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 branch concurring therein): Section 1. That the inhabitants of the Town of Frederica, Kent County, Delaware, be and they are hereby constituted a municipal corporation and body politic. The name and style of the said corporation shall be "The Town of Frederica" by which name the said corporation may sue and be sued, plead and be impleaded, complain, answer and defend suits in all Courts of this State. The said corporation shall have and use a common corporate seal of its own devising with power to alter and renew the same. The said corporation may hold and acquire by purchas3, gift, devise, lease or condemnation real property and personal property within or without its boundaries for any municipal purpose in fee simple and in lesser estate or interest, and may sell, lease, hold, manage and control such property as its interests may require; and shall have all other powers and functions requisite and appropriate for the government of the Town its people and order, its sanitation, appearance and beauty, the health, safety, convenience, comfort and well being of its population and the protection and preservation of property, public or private. The enumeration of particular powers by this charter shall not be held or deemed to be exclusive but in addition to the powers enumerated herein, implied thereby, or appropriate to the exercise thereof, and it is intended that the Town of Frederica shall have and may exercise all powers which, under the consti-tution of the State of Delaware, it would be competent for this charter specifically to enumerate. All powers of the Town of 52 Chapter 32 Frederica held, expressed or implied, shall be exercised in the manner prescribed by this charter, or if not prescribed herein then in the manner provided by ordinance or resolution of the Council. Section 2. The boundaries of the said corporation shall be as follows: Beginning at the fork or point formed by the junction of Murderkill River or Spring Creek and running from thence with Spring Creek to the line dividing the lands now or late of the heirs of Robert I. Lober, deceased, and lands now or late of the heirs of Samuel W. Darby; thence running in a west-erly direction to a point opposite the dividing line between lands now or late of Thomas D. Burton and lands now or late of Mrs. Sarah H. Lister; thence running with said division line to a point in the lands now or late of Robert C. Stevenson opposite the draw bridge; thence in a straight line to the draw bridge and thence following the course of the Murderkill River to the place of beginning. The Town Council of the Town of Frederica is hereby author-ized to have a survey made of all the territory embraced within the corporate limits of the said Town of Frederica which survey shall show all roads, streets, lanes and alleys within the limits of the said Town and to cause a copy of the same to be recorded in the office of the Recorder of Deeds at Dover, and the copy thereof so recorded in the Recorder of Deeds Office at Dover shall be received as evidence in all the Courts of this State. Section 3. The government of the said Town of Frederica shall. be vested in a Mayor and Town Council which shall exer-cise all of the powers conferred by any of the provisions of this charter, except as otherwise provided herein. The Town Council shall consist of five members and shall constitute the legislative body of the said Town of Frederica. The Town Council in addition to the powers hereinbefore conferred shall have power to regulate the streets, lanes, alleys and sidewalks of the said Town, and direct the sidewalks, or such part thereof, as they may determine to be paved or otherwise improved at the expense of the owner of the property adjacent Chapter 32 53 thereto; on complaint of any citizen to examine any chimney, stove pipe, fixtures, or any other matter or object dangerous to the Town or to the welfare of the citizens and property of said Town, and if adjudged dangerous to cause and require the same to be repaired and remedied, or, if necessary, to be removed; to prevent or remove nuisances in said Town; to prohibit the firing of guns and pistols, the making of bonfires or setting off of fireworks or any dangerous sport; and to suppress and prevent any noisy and turbulent assemblage of persons within the said Town. Section 4. The members of the Town Council shall be residents of said Town and shall be freeholders therein. They shall serve after their election and qualification as hereinafter provided. There shall be an election held at the Town Hall in said Town on the first Monday of March, A. D., 1950, from the hour of five o'clock P. M. until the hour of eight o'clock P. M. for the election of five members of the Council, three of said members to serve for a term of one year and two of said mem-bers to serve for a term of two years and to constitute the Town Council of the Town of Frederica. Subsequently and on the first Monday in March, A. D., 1951, and on the first Monday in March in every second year thereafter during the hours aforesaid and at the place aforesaid, three members shall be elected to the Town Council for the full term of two years, and subsequently and on the first Monday in March, A. D., 1952, and on the first Monday in March in every second year thereafter during the hours aforesaid and at the place aforesaid two members shall be elected to the Town Council for the full term of two years. Thereafter, the term of office of a member of the Council shall be for two years, or until his successor has been duly elected and qualified. In the event that the Town Hall is not available for the holding of town elections during any year then Council shall designate a place within said Town for the holding of said annual election by giving at least ten days' notice of such place of election posted in at least five of the most public places in said Town. At any annual or special election within said Town every person resident in said Town above the age of twenty-one years who shall not be delinquent in the payment of any taxes assessed against such voter and who has resided in the said Town for at least six months prior to the holding of such election shall 54 Chapter 32 be entitled to vote. All elections under the provisions of this charter shall be held by two persons designated by the Council of the Town of Frederica for such purpose, and it shall be the duty of such persons so designated to hold such election on the day and between the hours designated and to keep an accurate record of the vote cast and report and certify the same to the Council at its next meeting. In the event that the first Monday of March in any year shall fall on a holiday then such election shall be held on the Tuesday next following. Any vacancy in the Election Board shall be filled by the remaining members of said Board. In the event of a tie vote for any office, the Election Board shall determine the tie by lot. All persons desiring to be candidates at any municipal election shall file with the Secretary of the Council a written statement of their candidacy at least ten days previous to said election, and a vote cast for any person whose candidacy has not been so filed, shall not be counted. The Town Commissioners of the Town of Frederica as now constituted shall continue in office until the first Thursday of March, 1950. On the first Thursday in the month of March, 1950, and on the first Thursday of March of each year thereafter the members who shall have been elected to the Town Council of the said Town of Frederica, as well as the hold over members of said Town Council, shall meet in the Town Hall, or such other place as shall be designated, for the purpose of organizing by the election of officers and such other business as may come before such meeting. Such meeting shall be known as the "Annual Meeting" of the Town Council. At the Annual Meeting one of the members of the Town Council shall be designated and elected by the members of the Council as and for the Mayor of the Town of Frederica. Section 5. In addition to the annual meeting, there shall be four regular meetings in each year of the Town Council; namely: On the first Thursday of January, April, July and Octo-ber, and special meetings may be held at such times as the matters of the Town shall require. It shall be the duty of the Mayor of the Town of Frederica, or in his absence it shall be the duty of the Secretary of the Town of Frederica to call a special meeting of the Council at any time, first giving reasonable notice thereof upon the application of at least two members of the Council of the Town of Frederica. At any regular or special Chapter 32 55 meeting the Council may pass upon such ordinances, resolutions or matters affecting the good government and requirements of the said Town, the improvement of the streets, lanes and alleys, the paving or other improvements of the streets, lanes, or alleys and all other matters relating to the said Town, its sanitation, ornaments, improvement and general welfare, as by said Com-missioners may be deemed proper. The Council may by ordi-nance impose fines, penalties and forfeitures for the violation of any of the ordinances of the Town and may provide for the collection thereof. Section 6. The Council shall, at the Annual Meeting in every year, determine the amount of tax to be raised in said Town for that year, not exceeding Five Thousand Dollars ($5,000.00), exclusive of the dog tax, and shall appoint an assessor to make an assessment of persons and property therein, and shall also appoint a Collector and Treasurer. It shall be the duty of the Assessor of said Town, within two weeks from his appointment to make a true, just and impartial valuation and assessment of all the real estate and assessable personal property within said Town, and also an assessment of all citizens residing in said Town, above the age of twenty-one years, as well those owning real estate as those not owning real estate in said Town, and also to ascertain the number of dogs in said Town and the owners of such dogs, assessing each dog to the owner thereof at fifty cents; and the said Assessor shall forthwith, after making such assessment, deliver to the Council for the time being a copy of such assessment, containing the names of all the persons assessed and the amount of their assessment, distinguishing the real and personal assessment of each. When the assessment is returned, the Council shall give five days' public notice of that fact, that it will sit, at a place and on a day to be by it designated, from five o'clock P. M., to eight o'clock P. M., to hear appeals from said assessment. It shall have power at such time to add to or lessen any assessment, except that of dogs, which shall always be fifty cents to each owner or keeper of each dog. When the appeal day has passed, the Council shall, without delay, cause the assessment list to be transcribed and the copy to be delivered to the Collector, who shall thereupon collect from each taxable the amount of his tax and pay over the whole amount, after deducting commissions and such delinquencies as shall be allowed by the Council, to the Treasurer, by the first day of November next after the receipt of his duplicate. The Collector shall have the same powers for the collection of said taxes as are conferred by law on the collectors of county taxes. The Treasurer and Collector shall each give bond to the Council for the proper dis-charge of their respective duties. Section 7. The Council shall have authority to use the money in the Treasury of the Town for the general improve-ment, benefit and ornament of the said Town, as it may deem advisable; but no money shall be paid out by the Treasurer except upon the approval of the Town Council or upon a written order of an officer designated by the Council to approve such payment. Section 8. Whenever Council shall by ordinance or resolu-tion direct the paving or improving of the sidewalks of the said Town, or any part thereof, the Clerk of the Council shall imme-diately give notice to the owners of the property abutting thereon by serving such notice personally on the owner or owners thereof, if such person or owner shall be resident in the Town of Fred-erica; otherwise, it shall be sufficient notice if the Clerk shall post a notice on the property or properties affected by nailing or otherwise attaching such notice upon a conspicuous place on the said property affected or at the front door of the main building if such lands be improved. If such ordinance or resolu-tion be not complied with within three months, the Council may direct the work to be done and the expenses of the same shall become a charge against the owner or owners of the property affected. The Council may on ten days' notice by advertisements posted at five of the most public places within said Town sell any personal property or any of the real estate of the party or parties in default as shall be necessary to pay the expenses, together with costs, of such proceeding resulting from the improvements so made. Such sale shall be at public auction and notice of said sale be served on the owner or owners of the said property affected if they be resident within the corporate limits of said town. Otherwise, notice shall be served by posting a copy of the advertisement of said sale at the front door by the main building located on the lands affected if the same be improved, or upon a con-spicuous part of such lands if the same are unimproved, and notice shall be sent to the owner or owners or to any of them, if 56 Chapter 32 Chapter 32 57 known, by registered mail, addressed to the last known post office address of such owner or owners or any of them. Such sale shall transfer all the right and title of the person or persons in default in the property sold to the purchaser or purchasers thereof and the Mayor of the Town of Frederica is hereby authorized to execute under the seal of the corporation a deed or deeds conveying title to the lands and premises sold under the provisions hereof. The proceeds of such sale shall be paid to the Treasurer for the use of the Town, but if there be any surplus after the payment of the claim, together with all costs and expenses for which the sale was made, such surplus shall be paid to the party or parties in default if known, or if unknown such surplus shall be deposited in a despository to be designated by the Council of the Town of Frederica to be there held until sufficient proof of the identity of the parties entitled shall have been established. Section 9. At the Annual Meeting the Council shall elect an Alderman for the term of one year, or until his successor has been duly chosen and qualified. The Alderman may be removed during his term by a vote of three-fourths of the members elected to the Council. In case of temporary disability of the Alderman to perform his duties by reason of sickness or absence, or otherwise, the said Council may at any meeting appoint an acting Alderman for the period of such disability. Before entering upon the duties of his office, the Alderman shall be sworn or affirmed to perform the duties of his office with fidelity. The Alderman shall have jurisdiction and cognizance of all breaches of the peace and other offenses committed in the Town so far as to arrest and hold for bail, or fine and imprison offenders; and also of all fines, penalties and forfeitures pre-scribed by this charter or any law of the State or by any ordi-nance of the Council and also of all neglects, omissions or defaults of any member of the Town police force or other city officer or employee, provided that in the case of violation of an ordinance, he shall impose no fine or penalty in excess of that fixed by the ordinance and shall not commit to prison for a longer term than thirty days in default of the payment of a fine imposed by him. The jai/ of Kent County may be used for imprisonment under the provisions of this Act provided that the Council shall pay for the board of persons committed for breaches of ordinances that do not constitute breaches of the general law. Within his juris-diction as foresaid the Alderman shall have all the powers and authority of a Justice of the Peace for Kent County. Any action, suit or proceeding authorized under any of the provisions of this charter or under any ordinance of said Town may be instituted in the name of "The Town of Frederica." His fees for any service under this Section shall be the same as those of a Justice of the Peace for like service, and for any service or duty for which no fee may be provided by law the fee may be established by ordinance of the Council. Upon the expiration of the term for which he was chosen, or if any Alderman shall be removed from his office by the Council as hereinbefore provided, he shall deliver to his successor all the books and papers belonging to his office, and shall pay over to the Town Treasurer all moneys in his hands belonging to the Town within five days after his removal. Upon neglect or failure to make such delivery or payment, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof shall be fined not more than Five Hundred Dollars, or be imprisoned in the discretion of the Court. The Alderman shall, at the monthly meeting of the Council, report to the Council all fines imposed by him during the preced-ing month, and pay to the Treasurer of the Town all such fines and penalties received by him during the said period, and in default of making such report or paying such fines and penalties for a period of twenty days after such report should be made and such fines and penalties should be paid as aforesaid, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than One Hundred Dollars nor more than Five Hundred Dollars. 58 Chapter 32 Chapter 32 59 Section 10. The Town Council of the Town of Frederica shall have the right to lay out, open, vacate and close any street, lane or alley within the corporate limits of the said Town when-ever Council shall deem such to be advisable and for the best interest of the Town; provided, that no street, lane or alley shall be opened, vacated or closed without giving due notice to the property owners abutting on such street, lane or alley to appear and show cause if any they have why such street should not be opened, vacated or closed and if it shall appear from such hear-ing that such proposal would be inadvisable then the Council shall abandon such proceedings. If it be determined that such proceedings are advisable and that any person or persons will suffer damages to any property or properties as a result of such actions Council shall assess and determine the extent of such damages and shall pay such damages to the person or persons so affected before entering upon such lands or premises so affected. In the event that the owner or owners of the property affected and the Council cannot agree upon damages, then and in that event such owner or owners shall appoint one disinterested per-son, the Council shall appoint another disinterested person, and the persons so designated shall appoint a third disinterested person who shall go upon the lands and premises affected and shall assess the damages to such person or persons or the owner thereof and upon the determination and award by the disinter-ested persons such findings shall be final and conclusive and it shall be the duty of the Council of the Town of Frederica to pay such award or damages within thirty days next after the award-ing of the same or else to abandon such proposed change. Section 11. At the Annual Meeting of the Town Council the Council shall elect a Treasurer for the Town of Frederica. The Treasurer may or may not be a member of the Council. He may also serve as Secretary of the Council. It shall be the duty of the Treasurer to receive all moneys due the Town of Frederica from the Collector of Taxes, and from any other source or sources to keep the same deposited in a depository to be desig-nated by the Council, and to pay such charges or claims against the Town as the Council or the Mayor shall from time to time designate and direct. He shall account at each regular meeting of the Council, and more often if required, showing in detail the receipts and disbursements of the Town funds. Before entering 60 Chapter 32 upon his duties the Treasurer shall be first sworn to diligently and faithfully perform the duties of his office, and shall enter into bond to the Town of Frederica with surety to be approved by the Council in such amount as the Council shall designate to faithfully and diligently perform the duties incumbent upon him as Treasurer of the Town of Frederica and a true and correct accountancy to make of all the moneys received by him as Treasurer of said Town of Frederica. The cost of the bond shall be paid by The Town of Frederica. Section 12. At the Annual Meeting of the Town Council the Council shall elect a Collector of Taxes whose duties it shall be to collect all taxes which shall be assessed pursuant to the provisions of this charter, including dog taxes. He shall make a monthly accounting to the Treasurer of said Town and shall pay over to said Treasurer such sums as from said accounting shall be found due the said Town. The Treasurer shall give re-ceipts for the money so paid. Before entering upon his duties the Collector shall be sworn or affirmed to diligently and impar-tially perform the duties of his office. He shall also enter into a bond to The Town of Frederica in such sum as The Council shall designate to faithfully perform the duties of his office and to make a just accounting of all moneys received by him for the said Town of Frederica and to pay over to the said Town of Frederica all moneys received by or charged to him as such Collector. The cost of the bond shall be paid by the Town of Frederica. The Collector shall at no time be a member of the Council while serving as Collector. The Council shall fix the compensation of the Collector. The Collector shall be charged with the full amount of the tax debit received by him, and it shall be his duty to collect the same; provided, however, that The Council may for cause shown, permit the allowance of any delinquencies as the Council may deem proper. At the regular meeting of the Council held during the month of March of each year, the Collector shall make a detailed report of all moneys collected and a list of those owing taxes not received and col-lected by him. A penalty of one per centum per month, or fractional part thereof, shall be charged on all taxes remaining unpaid after October 31 of each year, and it shall be the duty of the Collector to collect such penalties in addition to the regular tax. Chapter 32 61 Section 13. The Council shall have the power and authority to enter into contracts for the supply of electrical energy and power for municipal uses, and shall have the authority to con-tract for the purchase and resale of electrical energy and power to the residents of The Town of Frederica. The Council shall have the power and authority to employ such person or persons as shall be required from time to time by the Town and shall fix the compensation of such employees. The Council shall elect one or more persons to serve as police officers for and on behalf of the Town and shall fix his or their compensation. Such police officers shall be under the direction of the Mayor of the Town except as Council shall otherwise direct. It shall be the duty of such officers to police the Town of Frederica and they shall have all the powers of the Constables of Kent County within the Town limits and within one mile adja-cent to the corporate limits of said Town. Section 14. The Mayor of the Town of Frederica shall be a member of the Town Council and shall preside at all meetings thereof, unless through absence or disability he is unable to do so, or unless the Mayor be personally interested in the matter before the meeting, in which events, or either of them, the other members of the Council shall designate one of their number to preside. The Mayor shall be the executive officer of the Town. He shall execute all legal instruments on behalf of the Town, and shall have such other duties as the Council by ordinance or resolution shall impose. He shall have general supervision over the police and over all employees of the Town, and shall have the right to hire or dismiss any employee, except the Treasurer, the Collector of Taxes, the Alderman and the Town Solicitor. Section 15. The Council shall designate one of their mem-bers as Secretary whose duty it shall be to keep an accurate record of all meetings, and of all matters relating to the Town as shall come to him. The Secretary may or may not be the Treasurer of the Town. He shall keep the corporate seal of the Town and shall affix the same to all instruments requiring the same upon resolution of the Council authorizing and directing him to do so. The record of the Secretary shall be received in evidence. 62 Chapter 32 Section 16. The Council shall have the power to borrow in any one year a sum not in excess of One Thousand Dollars ($1,000.00) and to anticipate current revenue by such sum so borrowed whenever the needs of the Town shall require more money than is at the time in the Town Treasury from current receipts. Section 17. Council shall have the power to exempt from municipal taxation for a period not in excess of ten consecutive years any property otherwise subject to municipal taxes, and which property is being used in any new industrial enterprise within said Town. Section 18. No compensation shall be paid members of Council except as otherwise herein provided unless the same shall be first approved at the annual or at a special election of the voters qualified to vote at the municipal elections of said Town. Section 19. The Council shall have the power to condemn any property real or personal within the Town limits as shall be necessary for municipal purposes. The procedure thereof shall be the same as that for the laying out of streets as set out in Section 10 hereof; provided, however, that if the damages sus-tained by any party interested shall exceed One Thousand Dol-lars ($1,000.00), and such party shall be dissatisfied with the award made under Section 10 hereof, such party may file an appeal with the Resident Associate Judge of Kent County whose duty it shall be to appoint five disinterested freeholders of Kent County to view the property and assess the damages sustained by said party. The Resident Associate Judge of Kent County shall make such rules and orders as he may deem proper in carrying this provision into effect and shall assess the costs thereof as he shall deem proper. Where real estate is involved a copy of the final award and the approval thereof by the Resident Associate Judge of Kent County shall be recorded in the office of the Recorder of Deeds for Kent County. Upon the making of such award the Council of the Town of Frederica shall by Resolution determine upon the acceptance thereof, and if the award be accepted shall pay to the party to whom the award is made the Chapter 32 63 full sum thereof within sixty days of such award. Otherwise the project shall be abandoned. Section 20. The Council shall have power to adopt ordi-nances relating to the health of the population of the Town, or to prevent the introduction or spread of infections or contagious diseases or nuisances affecting the Town. The power to adopt such ordinances shall extend to the area outside the Town limits and within one mile of said limits. Section 21. The Council shall have the power to adopt all measures requisite or appropriate for protection against fire, and to appropriate money for the purpose of fire equipment, whether owned by the Town or by a volunteer fire company. Section 22. For protection against fire, the Council may adopt ordinances to zone or district the Town and to make par-ticular provisions for particular zones or districts with regard to buildings and building material; to prohibit the use of building materials that may be deemed to create a fire hazard, and this power shall embrace new buildings or additions to or alterations of existing structures of every kind; to condemn buildings or structures, or portions thereof, that constitute a fire menace, and to require or cause the same to be torn down, removed, or so altered as to eliminate the menace of fire; to prescribe the height and thickness of walls of any buildings and the kind and grade of materials used in the construction thereof. Section 23. The Council may adopt zoning ordinances limit-ing and specifying districts and regulating therein buildings and structures according to their construction and according to the nature and extent of the business to be carried on therein. Section 24. The Council may create a Town Zoning Com-mission for the development, improvement and beautification of the Town, and may prescribe its powers and duties. Section 25. The Council may provide for the issuance of building permits and may forbid the construction of any new buildings, or the addition to, or alteration, or repair of any exist-ing buildings unless a building permit has been obtained therefor. 64 Chapter 32 Section 26. Should any person, firm or corporation here-after desire to erect any building or buildings within the corpor-ate limits of said Town for the purpose of conducting therein the business of canning fruits, vegetables, meats, oysters, etc., or for the manufacture or manipulation of phosphates, fertilizers or manures of any kind, he or they before erecting such building or buildings, or engaging in such business, shall make an applica-tion in writing for permission therefor to said Council. And should said Council determine that such buildings will not en-danger the other property or be offensive to the citizens thereof, the Council shall have authority to grant a permit to erect such buildings and conduct such business. Section 27. The Council shall have full power to fix and determine the placing or replacing of poles or other structures within the Town limits for the carrying of telegraph, telephone, power or other wires, and the attachments thereto, and to cause existing poles or structures to be removed whenever the same shall be deemed to be obstructions or detrimental to the beauty of the Town, or when such poles or structures are so placed as to inconvenience persons or render property less desirable. This power shall extend as well to the location as to the relocation of such poles and structures, wires, and attachments, and may be exercised from time to time as occasion shall arise. Section 28. The Council shall have power to enact ordi-nances defining nuisances and providing for the removal or abatement thereof, and prescribing the fines, penalties and for-feitures for causing or continuing the same. Section 29. At the Annual Meeting the Council shall elect a Town Solicitor for the term of one year, or until his successor has been duly chosen and qualified. The Solicitor shall be an attorney-at-law who shall have practiced in the State of Dela-ware for at least five years and who shall be a resident of Kent County. He shall be the chief legal advisor of and attorney for the Town. In addition to the duties hereby imposed upon the Solicitor by this charter the Council may by resolution or ordi-nance fix any other duty as shall from time to time be required by the Town or any of the officers of the Town. The Town Solici-tor shall be paid a reasonable compensation for his services rendered. Chapter 32 65 Section 30. All ordinances and resolutions heretofore adopted or in force in the Town of Frederica are continued in force and effect as ordinances and resolutions until repealed, attested or amended under the provisions of the charter, and the acts of the Commissioners of the Town of Frederica and of the officials of said Town heretofore lawfully done or performed under any prior charter of said Town of Frederica by whatever name designated, or under any ordinance of said Town, or of any law of this State, prior to the approval of this Act, are hereby ratified and confirmed. Section 31. All taxes, penalties, fines, forfeitures, assessments and debts due the Town of Frederica at the time of the approval of this charter shall be deemed to be due the said Town of Frederica and the same shall remain unimpaired until paid. Section 32. This Act shall become effective immediately upon the approval hereof. Approved April 27, 1949. 66 CHAPTER 33 TRANSFER OF FUNDS TO THE MAINTENANCE ACCOUNT OF GREENWOOD SCHOOL DISTRICT NO. 91. AN ACT TO TRANSFER CERTAIN FUNDS TO THE MAIN-TENANCE ACCOUNT OF GREENWOOD SCHOOL DIS-TRICT NO. 91. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That the sum of Four Hundred Sixty One Dol-ars and sixty-six cents ($461.66) or so much thereof as may be available on the 30th day of June, A. D., 1949, which has here-tofore been levied and collected by Greenwood School District No. 91 of Sussex County in excess of the monies needed for the payment of interest on its bonds or for other purposes, be and the same is hereby transferred to the maintenance account of said Greenwood School District No. 91 to be used and disbursed, as other funds in said account as provided by law. Approved April 27, 1949. CHAPTER 34 GREENWOOD AN ACT TO AMEND CHAPTER 183 OF VOLUME 22, LAWS OF DELAWARE, AS AMENDED, THE SAME BEING EN-TITLED "AN ACT TO INCORPORATE THE TOWN OF GREENWOOD" BY DEFINING, LIMITING AND EX-TENDING THE DUTIES, TERMS OF OFFICE AND POWERS OF THE COMMISSIONERS AND OTHER OFFICERS OF SAID TOWN. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all members elected to each house concurring therein): Section 1. That Section 21 of Chapter 183, Volume 22, Laws of Delaware, as amended by Volume 33, Chapter 146, Laws of Delaware, be and the same is hereby repealed and the following Section to be known as Section 21 of said Chapter and Volume is hereby enacted in lieu thereof: Section 21. The Town Council shall fix the sum to be assessed upon each and every citizen residing in said Town above the age of twenty-one years, as well those owning as those not owning real estate within the limits of said Town, but the sum so to be fixed shall be one and the same for every class and description of citizens, and shall not exceed the sum of seventy-five hundred dollars in any one year. Approved April 27, 1949. 67 68 CHAPTER 35 SUSSEX COUNTY LEVY COURT APPROPRIATION AN ACT AUTHORIZING THE LEVY COURT OF SUSSEX COUNTY TO APPROPRIATE COUNTY MONIES FOR THE CONTROL OF DISEASES OF HOGS IN SUSSEX COUNTY. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That the Levy Court of Sussex County be and it is hereby authorized and directed to appropriate a sum not exceeding Three Thousand Dollars ($3,000.00), for each of the fiscal years beginning July 1, 1949 and ending June 30, 1950, and beginning July 1, 1950 and ending June 30, 1951, to be used and expended for the control of diseases of hogs in Sussex County by the introduction, maintenance and advancement of the latest and most approved method for control and cure of diseases of hogs. If, for the furtherance of this purpose, the hogs of any owner who is a resident of Sussex County shall require vaccina-tion, inoculation or other similar treatment, the vaccine or other medicament or material may be furnished free of charge to such owner. Provided, however, that no free vaccine or other medicament or material shall be furnished under the provisions of this Act, if such owner has received under the provisions hereof or under the provisions of any other State law or appro-priation free vaccine, medicament or material for the treatment of 25 hogs in any one year. Section 2. In all cases where such treatment of hog dis-eases is necessary the owner or owners shall pay the expenses of a Veterinarian or other person employed to administer such treatment. Section 3. The Levy Court of Sussex County is hereby authorized to consult and obtain the assistance and advice of Chapter 35 69 rif the State Board of Agriculture and any licensed Veterinarian in Sussex County in carrying out the provisions of this Act. Approved May 2,1.949. 70 CHAPTER 36 CAMDEN AN ACT TO AMEND CHAPTER 159, VOLUME 43, LAWS OF DELAWARE, ENTITLED "AN ACT CHANGING THE CORPORATE NAME OF "THE COMMISSIONERS OF CAMDEN" TO "TILE TOWN OF CAMDEN" AND ESTAB-LISHING A CHARTER THEREFOR" RELATING TO FLOATING DEBT. 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 branch thereof concurring therein): Section 1. That Section 38 of Chapter 159, Volume 43, Laws of Delaware, be and the same is hereby amended by strik-ing out and repealing all of said section and inserting in lieu thereof a new Section 38 as follows: Section 38. The Town Council of said Town shall have full power and authority to borrow upon the faith and credit of the Town of Camden, the sum or sums of money, not exceeding Three Thousand Dollars ($3,000.00) in any one fiscal year, when in the opinion of the majority of Council the needs of said Town demand it. Said Council may secure said sum or sums of money by promissory notes or certificates of indebtedness of the Town of Camden, duly authorized by resolutions of Council, and signed by the President, or by the acting President, of the Council and by the Secretary, either with or without the corporate seal of the Town, affixed as is requested by the bank or person ad-vancing the money on said notes or certificates, and no officer nor member of Council shall be personally liable for the pay-ment of such notes or certificates because it is signed by them as officers of the Council, and is authorized by the resolution of the Council. Provided, however, any sum of money borrowed on the faith and credit of the Town of Camden as aforesaid in any fiscal year shall be paid out of the general funds of the Town, at the minimum rate of twenty-five per centum per fiscal year and shall be paid at the end of four fiscal years following the Chapter 36 71 first fiscal year which said money was borrowed with interest thereon; provided further, that at no time shall the total amount of said indebtedness authorized to be incurred by this Act exceed the sum of Three Thousand ($3,000.00) Dollars. Approved May 2, 1949. 72 CHAPTER 37 WEIGHTS AND MEASURES AN ACT TO AMEND CHAPTER 82, OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED "WEIGHTS AND MEASURES" BY REQUIRING THAT WEIGHTS, INSTRUMENTS OR DEVICES USED TO WEIGH MERCHANDISE SHALL BE VISIBLE TO BOTH MERCHANT AND CUSTOMER. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 82 of the Revised Code of Dela-ware, as amended, be further amended by adding a new para-graph at the end of 3423, Section 5 thereof, as follows: That all merchants in whose places of business, weights, instruments or devices are used to weigh merchandise shall place said weights, instruments or devices in such places that they may be plainly seen by both the merchant and the cus-tomer and the correct weight of all articles noted. Failure to so place such weights, instruments or devices where they can be plainly seen by both merchant and customer shall be punishable by a fine of not less than Ten Dollars ($10.00) or more than Fifty Dollars ($50.00). Approved May 2, 1949. 73 CHAPTER 38 NEW CASTLE AN ACT TO AUTHORIZE THE MAYOR AND COUNCIL OF NEW CASTLE TO BORROW MONEY AND ISSUE BONDS THEREFOR FOR A SUM NOT TO EXCEED ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS TO PAY FOR THE PURCHASING AND INSTALLATION OF AN ELEVATED WATER STORAGE TANK. 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 branch thereof concurring therein): Section 1. That The Mayor and Council of New Castle, a municipal corporation of the State of Delaware, be and it is hereby authorized and empowered to borrow upon the faith and credit of The Mayor and Council of New Castle a sum not to exceed One Hundred Twenty-five Thousand Dollars ($125,000.00) , to be expended as hereinafter provided, and for this purpose to issue bonds of the said The Mayor and Council of New Castle not exceeding in the aggregate that amount. Section 2. That the moneys and proceeds derived from the sale of the said bonds herein authorized shall be used and appro-priated only to pay for the purchasing and installation of an elevated water storage tank, and for the payment of all neces-sary expenses in and about the authorization, preparation, print-ing and sale of said bonds. Section 3. That the term of the bonds herein authorized to be issued shall not exceed twenty-five (25) years from the date of issue. Each of the bonds shall be in the amount of One Thousand Dollars ($1,000.00). Their names, numbers and rate of interest shall be as prescribed by The Mayor and Council of New Castle. The bonds shall bear date when issued and shall bear interest from said date, payable semi-annually. They shall be signed by the Mayor, the President of Council, and the Treas-urer of the City of New Castle, and be sealed with the corporate 74 Chapter 38 seal of the said municipal corporation. The bonds shall be exempt from State, County and Municipal taxation. Section 4. That the bonds to be issued hereunder shall be serial bonds, numbered consecutively and maturing at the rate of Five Thousand Dollars ($5,000.00) each year. Bonds num-bered one to five inclusive shall be payable at the expiration of one year from the date of issue, and thereafter five of said bonds in their numerical order shall mature and be payable each year until all of said bonds have matured. Section 5. That the Council of the said municipal corpora-tion shall direct and effect the preparation and printing, and negotiate the sale and delivery of said bonds. Section 6. That the moneys received from the sale of said bonds shall be paid over to the Treasurer of the City of New Castle and held by him in a special fund to be drawn out and used for the purpose of this Act. Section 7. That the Council of the said City is authorized and, unless the funds are otherwise provided, is required to levy and collect annually by taxation a sum of money sufficient to pay the interest accruing on said bonds and to retire said bonds as they mature. In July of each year, or oftener in their discretion, if the revenue warrants, the Board of Water and Light Commissioners for the City of New Castle shall turn over to the City Treasurer a sum sufficient to pay the interest on said bonds and to retire such bonds as annually mature. Section 8. That the faith and credit of the said The Mayor and Council of New Castle is hereby pledged for the payment of the said bonds authorized to be issued under this Act. Section 9. That this Act shall be deemed and taken to be a public Act and shall be published as such. Approved May 2, 1949. CHAPTER 39 NEW CASTLE AN ACT AUTHORIZING THE MAYOR AND COUNCIL OF NEW CASTLE TO BORROW MONEY AND ISSUE BONDS THEREFOR FOR THE SUM OF $300,000.00 TO PAY FOR THE ERECTION OF A SEWAGE DISPOSAL PLANT IN THE CITY OF NEW CASTLE AND TO EX-TEND SEWER FACILITIES THROUGHOUT THE SAID CITY. 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 branch thereof concurring therein): Section 1. That The Mayor and Council of New Castle, a municipal corporation of the State of Delaware, be and it is hereby authorized and empowered to borrow upon the faith and credit of The Mayor and Council of New Castle a sum not to exceed Three Hundred Thousand Dollars ($300,000.00) and for this purpose to issue bonds of the said The Mayor and Council of New Castle not exceeding in the aggregate that amount. Section 2. That the moneys and proceeds derived from the sale of said bonds herein authorized shall be used to pay for the erection of a sewage disposal plant, for the extension of sewer facilities throughout the City of New Castle, and for the payment of all necessary expenses in and about the author-ization, preparation, printing and sale of said bonds. Section 3. That the said money shall be borrowed and the bonds issued at such times as the Council of the said muni-cipal corporation shall determine. They shall be issued in de-nominations of One Thousand Dollars ($1,000.00) and shall bear interest as fixed by the Council. The bonds shall bear date when issued and shall bear interest from said date, payable semi-annually. They shall be signed by the Mayor, the President of Council and the Treasurer of the City of New Castle, and be sealed with the corporate seal of the said municipal corporation. Said bonds shall be exempt from state, county and municipal taxation. Section 4. That the bonds to be issued hereunder shall be serial bonds numbered consecutively, and payable as follows: Time of Maturity 1st year 2nd year 3rd year 4th year 5th year 6th year 7th year 8th year 9th year 10th year 11th year 12th year 13th year 14th year 15th year 16th year 17th year 18th year 19th year 20th year 21st year 22nd year 23rd year 24th year 25th year 26th year 27th year 28th year 29th year 30th year Bonds Numbered 1 to 5 inclusive 6 to 10 inclusive 11 to 15 inclusive 16 to 20 inclusive 21 to 25 inclusive 26 to 35 inclusive 36 to 45 inclusive 46 to 55 inclusive 56 to 65 inclusive 66 to 75 inclusive 76 to 85 inclusive 86 to 95 inclusive 96 to 105 inclusive 106 to 115 inclusive 116 to 125 inclusive 126 to 135 inclusive 136 to 145 inclusive 146 to 155 inclusive 156 to 165 inclusive 166 to 175 inclusive 176 to 185 inclusive 186 to 195 inclusive 196 to 205 inclusive 206 to 215 inclusive 216 to 225 inclusive 226 to 240 inclusive 241 to 255 inclusive 256 to 270 inclusive 271 to 285 inclusive 286 to 300 inclusive Amount $5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 15,000.00 15,000.00 15,000.00 15,000.00 15,000.00 $300,000.00 76 Chapter 39 Chapter 39 77 Section 5. That the Council of the said municipal corpora-tion shall direct and effect the preparation and printing, and negotiate the sale and delivery of said bonds. Section 6. That the moneys received from the sale of said bonds shall be paid over to the Treasurer of the said City of New Castle and held by him in a special fund to be drawn out and used for the purposes of this Act. Section 7. That the Council of the said City is authorized and, unless the funds are otherwise provided, is required to levy and collect annually by taxation such sum of money as shall be sufficient to pay the interest accruing on said bonds, and is further authorized and empowered to levy and collect by taxa-tion from time to time such sum or sums as shall be necessary to provide a sinking fund adequate for the redemption of the said bonds at or before their maturity. The taxes for such inter-est and sinking fund shall be levied and collected in the same manner as are the other city taxes. In July of each year, or oftener in their discretion, if the revenue warrants, the Sewer Commission of the City of New Castle shall turn over to the City Treasurer a sum sufficient to pay the interest on said bonds and to retire such bonds as annually mature. The taxes and sinking fund above provided for, shall not be available for any other purpose. Section 8. That the faith and credit of the said The Mayor and Council of New Castle is hereby pledged for the payment of the said bonds authorized to be issued under this Act. Section 9. That this Act shall be deemed and taken to be a public Act and shall be published as such. Approved May 2, 1949. 78 CHAPTER 40 SATURDAY BANK HOLIDAY AN ACT TO AMEND CHAPTER 78 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED "NEGOTIABLE INSTRUMENTS" WITH RESPECT TO SATURDAY OPTIONAL LEGAL BANK HOLIDAY IN THE STATE OF DELAWARE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 78 of the Revised Code of Dela-ware, 1935, as amended, be and the same is hereby further amended by striking out and repealing the last three paragraphs of 3321. Sec. 197. thereof as the said paragraphs appear in the 1935 Code, and on Pages 931 and 932 of Volume 43, Laws of Delaware, 1941, and by substituting and enacting in lieu thereof a new paragraph as follows: Every Saturday shall be a legal holiday to be known as Saturday Bank Holiday in the City of Wilmington, in New Castle, Kent and Sussex Counties and that all provisions of this Chapter, insofar as they apply to other legal holidays, shall be applicable to Saturdays in the City of Wilmington, in New Castle, Kent and Sussex Counties. Nothing in any laws of this State shall in any manner whatsoever affect the validity of or render void or voidable, the payment, certification or acceptance of a check or other negotiable instrument or any other transaction of a bank, trust company, person or corporation, in the City of Wilmington, in New Castle, Kent and Sussex Counties, because done or per-formed on a Saturday; provided such payment, certification, or acceptance, or other transaction would be valid if done or per-formed on a day other than a legal holiday; provided further, that nothing herein shall be so construed as to make it com-pulsory upon any bank or trust company in the City of Wil-mington, in New Castle, Kent and Sussex Counties, which by this law is entitled to be closed on Saturdays, to keep open for the transaction of business or to perform any of the acts or trans-actions aforesaid on any Saturday except at its own option. Approved May 4, 1949. 79 CHAPTER 41 1 BETHANY BEACH AN ACT TO AMEND CHAPTER 212, VOLUME 25, LAWS OF DELAWARE, 1909, AS AMENDED, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF BETHANY BEACH AND OWING IT AUTHORITY TO ISSUE BONDS" BY CHANGING THE TIME FOR THE ELEC-TION OF MUNICIPAL OFFICERS. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: (two-thirds of each branch of the Legislature concurring therein): Section 1. That Chapter 212 of Volume 25, Laws of Dela-ware, 1909, as amended, be further amended by striking out the first line of Section 4 thereof and inserting in lieu thereof the words "That on the First Saturday." Approved May 4, 1949. 11 80 CHAPTER 42 DELAWARE STATE HOSPITAL, FARNHURST REDUCING CAPACITY OF NEW BUILDING TO BE ERECTED AN ACT TO AMEND CHAPTER 190, VOLUME 46, LAWS OF DELAWARE, 1947, REDUCING THE CAPACITY OF THE BUILDING TO BE ERECTED AND UTHAZED AS A DEPARTMENT FOR CRIMINALLY INSANE AND CRDI-WALLY INCLINED ADULTS AND JUVENILES, AT THE DELAWARE STATE HOSPITAL, AT FARNHURST. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Section 5 of Chapter 190 of the Laws of Delaware, Volume 46, is hereby repealed and in lieu thereof is added a new Section 5, as follows: Section 5. The State Board of Trustees of the Delaware State Hospital at Farnhurst is hereby authorized, empowered and directed to erect on the grounds of the State Hospital a new building to accommodate forty or forty-five adults and juveniles who may be committed to the said institution by the courts of the State, under the provisions of this Act. Approved May 4, 1949. 81 CHAPTER 43 LLS OF PUBLIC OFFICERS INCREASE IN COMPENSATION OF GRAND, PETIT OR SPECIAL JURORS AN ACT TO AMEND CHAPTER 156 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED "FEES OF PUBLIC OFFICERS" TO PROVIDE FOR AN IN-CREASE IN THE COMPENSATION OF GRAND, PETIT OR SPECIAL JURORS. Be it enacted by the Senate and House of Representatives of the State of Delaware ii General Assembly met: Section 1. That Chapter 156 of the Revised Code of Dela-ware, 1935, as amended, be and the same is hereby further amended by striking out and repealing all of 5364. Sec. 21. thereof and inserting and enacting in lieu thereof the following: 5364. Sec. 21. JURORS:--For attendance by grand, petit, or special juror, each day Ten Dollars ($10.00) and six cents per mile going and returning. Approved May 5, 1949. 82 CHAPTER 44 STATE EMPLOYEES PROVIDING FOR PENSIONS IN SPECIAL CASES AN ACT TO AMEND "AN ACT PROVIDING FOR THE PAY-MENT OF PENSION BENEFITS TO CERTAIN STATE EMPLOYEES, FIXING AGES OF RETIREMENT, ESTAB-LISHING BENEFITS PAYABLE AND THE SOURCE OF PAYMENT THEREOF, PROVIDING FOR APPLICA-TIONS FOR PENSIONS AND THE PROCEDURE TO BE FOLLOWED WITH RESPECT THERETO, PROVIDING THAT PENSION BENEFITS SHALL BE FREE OF AT-TACHMENT AND NON-ASSIGNABLE, AND ALSO PRO-VIDING FOR THE REDUCTION OF BENEFITS UNDER CERTAIN CONDITIONS" BEING CHAPTER 104 OF VOLUME 45, LAWS OF DELAWARE, AS AMENDED, RELATING TO THE MANNER OF DETERMINING PEN-SION PAYMENTS. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 104, Volume 45, Laws of Dela-ware be and the same is hereby amended by striking out all of Section 2 of said Chapter and inserting in lieu thereof the following new section: Section 2. ELIGIBILITY; OPTION:Every covered em-ployee of the State of Delaware, now or hereafter employed, may, at the option of employee and/or the option of the employ-ing agency, be retired after such employee shall have served in covered employment for thirty years, or on or after attaining the age of sixty years, and shall after retirement during the remainder of his or her life receive the pension fixed by this Act, subject to such qualifications and reservations as are herein contained. After having attained the age of sixty years a cov-ered employ |
| Date Digital | 2010 |
| CONTENTdm file name | 3051.cpd |
Description
| Title | Laws of the State of Delaware - Volume 47 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND FIFTEEiSITH SESSION OF THE GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER ON TUESDAY, JANUARY 4, A. D. 1949 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA THE ONE HUNDRED AND SEVENTY- THIRD VOLUME XLVII |
| CONTENTdm file name | 31516.pdfpage |
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