CHAPTER 148

VICE-CHANCELLOR

AN ACT CREATING THE OFFICE OF VICE-CHANCELLOR OF THE STATE OF DELAWARE, DEFINING HIS DUTIES, POWERS, TERM, QUALIFICATIONS, AND SALARY.

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

Section 1. The office of Vice-Chancellor of the State of Delaware is hereby created. The Vice-Chancellor 'shall be a solicitor entitled to practice in the Court of Chancery of the State of Delaware, and shall be appointed by the Chancellor and commissioned by the Governor. He shall hold office at the pleasure of the Chancellor.

Section 2. The Chancellor may refer to the Vice-Chancellor any cause or other matter which at any time may be pending in the Court of Chancery. Any cause or other matter so referred to the Vice-Chancellor shall be heard by him for the Chancellor, and he shall report thereon to the Chancellor and advise what order or decree should be made therein. The Chancellor may by general rule of Court provide for the reference to the Vice-Chancellor of causes, matters and proceedings pending that in the future may come before the Court of Chancery. Any matter, cause or proceeding referred to the Vice-Chancellor pursuant to any general rule made by the Chancellor shall be heard by the Vice-Chancellor, as heretofore provided.

Section 3. When any cause, matter or proceeding shall be referred to the Vice-Chancellor, as provided in Section 2 of this Act, the Vice-Chancellor is authorized to take and hear evidence in said cause, matter or proceeding, in the same manner as evidence is now taken and heard by the Chancellor in the Court of Chancery, and the evidence so taken and heard by the Vice-Chancellor shall constitute a part of the record of said cause, matter or proceeding.

Section 4. The Vice-Chancellor shall not engage in the practice of law as counsel or otherwise, in any of the courts of this State, of the United States, or of any other State. He shall receive an annual salary of seven thousand five hundred dollars ($7,500.00), payable in the same manner as is the salary of the Chancellor. Said salary shall be full payment for all services rendered by the Vice-Chancellor, and he shall not be entitled to any per diem or other allowance over and above said salary.

Approved May 12, 1939.