CHAPTER 104 - PUBLIC ARCHIVES COMMISSION

AN ACT REQUIRING ALL CUSTODIANS OF PUBLIC RECORDS AND REGISTRIES OF STATE, COUNTY AND INCORPORATED MUNICIPALITIES, TO USE PAPER AND INK OF STANDARD QUALITIES.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. All custodians of public books of record or registries of the State or any county or incorporated municipality therein, whose duty it shall be to record, or cause to be recorded, papers or documents required by law to be recorded, shall not use, or permit to be used, for recording purposes, any book or paper which shall not be of a standard mill brand with dated watermark; nor shall any such custodian use or permit to be used for the said recording any ink which shall not be of a standard quality.

Section 2. The standard of the quality of said book, paper and ink shall be determined by the Public Archives Commission of the State, whose duty it shall be, as soon as can be conveniently done after the approval of this act, to furnish to each of the custodians aforesaid a list of not less than four makes or brands of such standard books or papers and ink, manufactured by different and separate concerns, provided, that no make or brand of ink shall be designated by the said Public Archives Commission except it shall have the written approval, as to quality, by the state chemist, whose duty it shall be to examine such makes and brands as may be submitted to him by the Public Archives Commission.

Section 3. All custodians as aforesaid shall afford to the Public Archives Commission all reasonable access to the records, papers and ink within their possession and control for the purposes of carrying out the provisions of this Act.

Section 4. Any custodian, as aforesaid, who shall use or cause or permit to be used any book, paper or ink other than in the manner in this Act provided shall be deemed to be guilty of malfeasance in office and shall be subject to a fine of not more than One Hundred ($100.00) Dollars. For the purpose of enforcing this Act exclusive jurisdiction is hereby given to the Court of General Sessions of this State.

Approved March 8, 1935.