CHAPTER 172

COURT OF CHANCERY

RELATING TO COURT REPORTERS, COURT STENOGRAPHERS AND EXPENSES OF THE COURT OF CHANCERY

AN ACT TO AMEND CHAPTER 117 OF THE REVISED CODE OF DELAWARE, 1935, BY REPEALING 4412 SEC. 46 THEREOF AS AMENDED BY CHAPTER 226, VOLUME 43 LAWS OF DELAWARE, AND 4413 SEC. 47 OF SAID CHAPTER OF SAID REVISED CODE, AND TO PROVIDE FOR COURT REPORTERS, OFFICE STENOGRAPHERS, AND FOR THE PAYMENT OF EXPENSES OF THE COURT OF CHANCERY OF THE STATE OF DELAWARE.

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

Section 1. That Section 46 of Chapter 117 of the Revised Code of the State of Delaware, 1935, being Code Section 4412, as amended by Chapter 226, Volume 43 Laws of Delaware, be and the same is hereby amended by repealing all of said Section, as amended, and substituting in lieu thereof the following new Section, to be known as 4412. Sec. 46:

4412. Sec. 46. Court Reporters; Office Stenographers; Expenses; Payment :--The Chancellor is authorized to appoint, and to remove at pleasure, not more than three skilled and competent stenographers to be designated as Court Reporters, whose duties shall be to attend the sessions of the Court of Chancery and the Orphans' Court in the several counties, and at hearings in Chambers of causes, petitions, or other matters properly heard by said Courts, before the Chancellor, the Vice-Chancellor, and the Judges of the Orphans' Court, and to report all evidence, opinions, and other matters as the Chancellor, the Vice-Chancellor, or the said Judges may order.

The Chancellor is authorized to appoint, and to remove at pleasure, not more than three competent stenographers to be designated as Office Stenographers, whose duties shall be to render to the Chancellor and the Vice-Chancellor such clerical, steno-

graphic, type-writing, and secretarial services as shall be required of them for the proper functioning of the Court of Chancery, including the duty, when assigned to do so by the Chancellor, to assist the Court Reporters in connection with the transcribing of evidence, opinions and other matters.

The Court Reporters, before entering upon their duties, shall take and subscribe the oath of office as required by the Constitution.

The Court Reporters and Office Stenographers shall severally receive as compensation for their services, to be paid in equal monthly installments by the State Treasurer, such amounts as the Chancellor shall from time to time determine.

The Chancellor shall certify to the State Auditor and State Treasurer the names and addresses of the several persons appointed as Court Reporters and Office Stenographers, the several dates of their appointments, and the monthly compensation to be paid to them as shall have been determined.

The Chancellor is empowered to adopt rules and regulations with respect to the charges to be made by Court Reporters for furnishing to solicitors or other interested parties, transcriptions of evidence, opinions, or records of trials, arguments, or hearings; and to adopt rules and regulations with respect to the purchase of supplies and equipment, the presentation of bills and vouchers for the payment thereof, and for other necessary expenses of the Court of Chancery; and bills for such supplies, equipment and other expenses shall be paid by the State Treasurer when approved in writing by the Chancellor.

If, by reason of illness or other proper cause, any of the Court Reporters or Office Stenographers shall be unable to perform the duties assigned to him, her, or them, and it shall be necessary for the transaction of the business of the Court of Chancery to employ a substitute, the Chancellor is authorized to designate and appoint a suitable and competent substitute to serve as a temporary Court Reporter or Office Stenographer for such time and for such compensation as he shall determine. Such substitute Court Reporter shall take the same oath of office as is required of a Court Reporter, and his acts shall have the same force and effect as if done by an official Court Reporter.

The payment of the compensation of the Court Reporters and Office Stenographers, and the payment of bills for office supplies, equipment, and other necessary expenses of the Court of Chancery, shall be made by the State Treasurer out of funds regularly appropriated for the operation and expenses of the Court of Chancery.

Section 2. That Section 47 of Chapter 117 of the Revised Code of the State of Delaware, 1935, being Code Section 4413 thereof, be and the same is hereby repealed.

Approved March 12, 1943.