CHAPTER 259 - NO FEE TO BE CHARGED FOR ADMINISTERING OATHS TO PERSONS IN ARMED FORCES

AN ACT TO AMEND CHAPTER 42 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS BY PROHIBITING NOTARIES PUBLIC OR OTHER PERSONS AUTHORIZED BY LAW TO ADMINISTER OATHS TO CHARGE A FEE FOR THE ACKNOWLEDGMENT OR OATH TAKEN IN CONNECTION WITH ANY INSTRUMENT WHERE SUCH ACKNOWLEDGMENT OR OATH IS TAKEN BY A PERSON SERVING IN THE ARMED FORCES OF THE UNITED STATES AND CERTAIN OTHER RELATIVES OF SUCH PERSONS; BY PROVIDING THE JURISDICTION OF COURTS TO TRY SUCH OFFENSES AND THE PENALTY THEREFOR.

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

Section 1. That Chapter 42 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby amended by adding a new Section following 1138 Section 3 of said Revised Code, to be known as 1138A Section 3A, as follows:

1138A. Section 3A. It shall be unlawful for any Notary Public or other person who is authorized by law to take the acknowledgment of instruments or to administer oaths or affirmations to charge any person serving in the armed forces of the United States, or a veteran of any war, or the widow or children of a soldier or soldier's parents or widower or other relative of any person in the armed services a fee for the same or the fee provided by law, when such acknowledgment, oath and/or affirmation is taken in connection with any paper or papers required to be executed by the Veterans Bureau or in support of any claim or other papers connected with or referring to the service of any male or female now serving or who hereafter may serve or who, in the past, has served in the armed forces of the United States.

Any Justice of the Peace in any County, or the municipal Court of the City of Wilmington, or the Court of Common Pleas of the County, within which this offense shall be committed, shall have authority to hear, try and finally determine any complaint brought under this Section, and any person convicted of such offense shall pay a fine not less than Ten Dollars ($10.00) nor more than Twenty-five Dollars, and, in default of the payment of such fine, shall be imprisoned for a period not to exceed five (5) days.

Approved April 18, 1945.