CHAPTER 125 - STATE OLD AGE WELFARE COMMISSION

AN ACT TO AMEND CHAPTER 54 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO THE STATE OLD AGE WELFARE COMMISSION, BY EMPOWERING THE SAID COMMISSION TO ACQUIRE, IN THE NAME OF THE STATE, BY GIFT OR FOR A NOMINAL CONSIDERATION, THE PROPERTY OF THE MINQUADALE HOME.

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

Section 1. That Chapter 54 of the Revised Code of Delaware, 1935, relating to the State Old Age Welfare Commission, be and the same is hereby amended, by adding at the end of the said Chapter, the following additional Sections, to-wit:

1644A. Sec. 41A. The said Commission shall have power to acquire, in the name of the State, by gift or for a nominal consideration, all of the property, real, personal and mixed of every kind and description, of the Minquadale Home, or under the management or control or held in trust, by the Board of Managers or Directors of the said Minquadale Home, or in any manner belonging to or held in trust for the said Home.

1644B. Sec. 41B. The said Commission shall have full jurisdiction and control over said property when acquired, and may sell and dispose of any or all of the real estate so acquired, by directing a deed or deeds of conveyance to be executed by the Governor and Secretary of State, in the name of the State, and under the Great Seal of the State, in such manner as to convey a good and sufficient title thereto to the purchaser or purchasers, and use or invest the proceeds from such sale as hereinafter stated.

1644C. Sec. 41C. The said Commission shall deposit all cash, stocks, bonds and all other securities or other personal property, when acquired according to this Act, or any cash received from the sale of real estate as aforesaid, with the State Treasurer, to be by him kept in a special account for the use of the said Commission under the terms of this Act.

1644D. Sec. 41D. The said Commission is authorized and empowered to use any part of the money acquired according to this Act, for the erection of a Unit at the Welfare Home to be known as the Minquadale Hall or by some other suitable name that the said Commission may select to preserve the name and purpose of the said Minquadale Home. This particular Unit or Building or a portion thereof shall be reserved for paid inmates or guests not to exceed twenty in number. This arrangement to be set up on a flexible basis so that, if at any time, there are not twenty paid inmates occupying such Unit, the said Commission can utilize such unoccupied portion for other inmates, until a demand shall be made for the same by paid inmates. It is the intention of this Act that the said Commission shall have full and complete control of all property, real, personal or mixed, with full power and authority to reduce any or all of the said property to cash, if the said Commission shall so determine, and the State Treasurer is to be simply the Custodian of any such cash or securities, kept in a separate and special account, subject to the sale and absolute disposition of the said Commission, to be used by the said Commission in accordance with this Act.

1644E. Sec. 41E. In the event that the said Commission, after acquiring the property of the said Minquadale Home as herein provided for, decides to sell and dispose of any or all of the real estate so acquired, the said Commission shall so notify the Governor and Secretary of State, in writing, giving a proper description of the real estate to be sold, the name of the purchaser and the price agreed upon; and, upon the receipt of such notice, the Governor and Secretary of State, in the name of the State and under the Great Seal, are hereby authorized, fully empowered and directed to execute, acknowledge and deliver, to the purchaser, a good and sufficient deed of conveyance for the said real estate, depositing the proceeds of such sale with the State Treasurer to be by him kept in a special account for the use of the said Commission under the terms of this Act, as aforesaid.

1644F. Sec. 41F. The said Commission may sell and dispose of any bonds or securities, acquired under this Act, and invest or reinvest the money received therefrom as the said Commission shall determine, it being the general intent and purpose of this Act, that the said Commission shall use about Ninety Thousand Dollars of the entire property so acquired, for the erection of the special Unit or Building in this Act heretofore mentioned, and that the remainder of the said property shall be kept and maintained as a permanent investment, the income from which is to be used by the said Commission as the said Commission shall deem best; provided, however, that the said Commission may use their own best judgment in regard thereto, and may use any or all of the said remainder of the said property as the said Commission shall deem best.

Any of the said property, cash or securities, deposited with the State Treasurer, for the use of the said Commission, as in this Act provided for, may be paid out or withdrawn by the said Commission, and the State Treasurer is hereby authorized and directed to pay any warrant or order upon the said fund executed by the said Commission.

Approved May 19, 1937.