CHAPTER 167 - SMYRNA

AN ACT TO AMEND CHAPTER 192, VOLUME 36, LAWS OF DELAWARE, BEING AN ACT ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF SMYRNA" PROVIDING FOR THE SEPARATION OF THE OFFICES OF THE TOWN COLLECTOR AND ALDERMAN, PROVIDING FOR THE QUALIFICATIONS, NOMINATION AND ELECTION OF TOWN COLLECTOR AND PROVIDING FOR THE QUALIFICATIONS AND APPOINTMENT OF ALDERMAN IN THE TOWN OF SMYRNA.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all of the members elected to each branch of the Legislature concurring therein):

Section 1. That Chapter 192, Volume 36, Laws of Delaware, be amended by striking out the first paragraph of Section 7 (Nomination and Election of Alderman and Town Collector) and inserting in lieu thereof new first paragraph of Section 7 as follows, to-wit:

"Nomination and Election of Town Collector:--The said Town shall have a Town Collector whose qualifications for nomination and election shall be the same as of members of Council. The term of the Town Collector shall be for one year from the last Tuesday in February following his election, and until his successor has been duly elected and qualified. The Town Collector shall be nominated in the same manner and elected by the same qualified voters, at the same town elections and by the said regulations as are prescribed in Section 3 of this Act for the nomination and election of members of Council. The Town Collector now duly elected and qualified shall continue in office with all the duties and powers of that office until the election in 1938, at which time the Town Collector shall be elected in accordance with this Section."

Section 2. That Chapter 192, Volume 36, Laws of Delaware, be amended by striking out the second paragraph of Section 7 and inserting in lieu thereof new second paragraph of Section 7 as follows, to-wit:

"Appointment Of Alderman:--At the organization meeting of Council in 1938 and at each organization meeting of Council in each year thereafter, Council shall appoint some suitable resident of the Town of Smyrna, who may or may not be a Justice of the Peace residing in said Town at the discretion of Council, to be alderman of the Town of Smyrna and to hold office for the term of one year from the date of his appointment and until his successor is duly appointed and qualified. Such Alderman may be removed from office by Council in the manner provided for the removal of other persons appointed by Council and in such event Council shall appoint his successor to serve until the next annual organization meeting of Council.

Section 3. That Chapter 192, Volume 36, Laws of Delaware, Section 10 thereof, be amended by striking out the word "and" in the third line of the first paragraph of said Section 10 and inserting in lieu thereof the words "or the"; and by striking out the word "and" in the seventh line of the first paragraph of said Section 10 and inserting in lieu thereof the words "or the"; and by striking out the words "the Alderman" in the second line of the second paragraph of said Section 10 and by adding at the end of said second paragraph of said Section 10 the following new sentence, to-wit: "The Alderman shall receive no compensation other than the lawful fees of his office."

Section 4. That nothing provided in this Act shall in any manner, except as in this Act expressly stated, affect the powers and duties of the office of Alderman as heretofore established by said Chapter 192, Volume 36, Laws of Delaware.

Approved May 19, 1937.