CHAPTER 147

AUTHORIZING THE PUBLICATION OF UNPUBLISHED DECISIONS OF JOSIAH O. WOLCOTT, LATE CHANCELLOR

AN ACT AUTHORIZING THE PUBLICATION OF THE UNPUBLISHED DECISIONS OF JOSIAH 0. WOLCOTT, LATE CHANCELLOR OF THE STATE OF DELAWARE.

WHEREAS, in accordance with Section 4256 of the Revised Code of 1935 authorizing the Chancellor of the State of Delaware to publish such decisions of the Court of Chancery, the Orphans' Courts in the respective counties, and appeals in the Supreme Court from the Court of Chancery, and the Orphans' Courts, the Chancellors of the State of Delaware have heretofore collected, reported and from time to time published certain decisions as therein provided; and

WHEREAS, Josiah 0. Wolcott, late Chancellor of this State, died leaving certain decisions in the said Courts unpublished, which cases are sufficient to complete an additional volume of Chancery Reports; and

WHEREAS, heretofore it has been the practice of this Assembly to authorize the families of deceased Chancellors and other reporting Judges to publish such decisions as remain unreported at the death of the Chancellor or reporting Judge.

Now, therefore, be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Daniel F. Wolcott and Josiah 0. Wolcott, Jr., be and they are hereby authorized and requested. to prepare for publication, and publish the decisions of the Court of Chancery, the Orphans' Courts in the respective counties, and appeals in the Supreme Court from the Court of Chancery and Orphans' Courts, which in the case of the Court of Chancery and the Orphans' Courts of the respective counties were determined during the lifetime of the late Chancellor Josiah O. Wolcott, and in the case of the Supreme Court were determined or pending on appeal from the Court of Chancery or the Orphans' Courts during the lifetime of the late Chancellor Josiah O. Wolcott upon the same terms and subject to the requirements of Section 4256 of the Revised Code of the State of Delaware of 1935, except as to the number of pages to be contained in such volume, said volume to be known as Volume XXII Delaware Chancery Reports; and the said Daniel F. Wolcott and Josiah O. Wolcott, Jr., shall have the full power and authority to select such cases and other papers which came before the said Josiah 0. Wolcott as Chancellor, as in their discretion they may deem proper for publication.

Section 2. That when the said report shall have been published, two hundred copies of the same shall be deposited in the State Library at Dover for the use of the State, and upon the certificate of the State Librarian of such deposit, the State Treasurer shall pay to the said Daniel F. Wolcott and Josiah O. Wolcott, Jr., Sixteen Hundred Dollars out of the general fund of the State Treasury, not otherwise appropriated, to cover the expenses of the publication of the said report.

Approved April 28, 1939.