CHAPTER 199

COURT OF COMMON PLEAS--NEW CASTLE COUNTY

AN ACT RELATING TO THE SALARY OF CERTAIN PUBLIC OFFICER AND OFFICIAL 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 Chapter 169 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out all of 5808. Sec. 2. thereof and by enacting and inserting in lieu thereof a new section to be known as 5808. Sec. 2.

5808. Sec. 2. How Composed:--This Court shall be composed of, be in charge of and be presided over by one Judge who shall be appointed and who shall serve as hereinafter provided.

The Governor of the State of Delaware shall appoint and commission a Judge who shall hold office for a term of twelve years and who shall have power and authority to hold and preside over the Court of Common Pleas for New Castle County. No person shall be eligible to the office of Judge of the Court of Common Pleas for New Castle County unless he be a person learned in the law and of good standing as a practicing attorney in the Supreme Court of the State of Delaware for at least five years and a resident of New Castle County. In the event the said Judge of the Court of Common Pleas for New Castle County shall be disabled, disqualified or unable for any cause to preside over said Court, the Chief Justice of the State of Delaware shall thereupon assign one of the judges of the Superior Court of the State of Delaware, or the Governor may appoint a qualified member of the Bar of New Castle County as Judge ad litem, to hold said Court of Common Pleas during the absence, disability or disqualification of the Judge thereof. In the event of the appointment of a Judge ad litem by the Governor, said Judge ad litem shall receive a salary of Fifteen ($15.00) Dollars per day, to be paid by the State Treasurer out of the general funds of the State upon the certificate of the Chief Justice of the State of Delaware.

The Judge of the said Court of Common Pleas for New Castle County shall receive an annual salary of not less than Five Thousand ($5,000.00) Dollars as shall be determined by the Levy Court of New Castle County, payable as other salaries are paid by the Levy Court of New Castle County.

Approved April 13, 1943.