CHAPTER 365

CLAIM

ROBERT B. ATKINS

AN ACT APPROPRIATING THE SUM OF ONE HUNDRED DOLLARS TO THE STATE HIGHWAY DEPARTMENT TO REFUND A FINE IMPOSED ON ROBERT B. ATKINS WRONGFULLY FOR MOTOR VEHICLE LAW VIOLATION.

WHEREAS, Robert B. Atkins was, in the month of May, A.D. 1947, charged before W. Elwood Wright, a Justice of the Peace, in and for Sussex County, with leaving the scene of an accident, in violation of 5645. Sec. 107 of Chapter 165, Revised Code of Delaware, 1935, as amended; and

WHEREAS, the said Robert B. Atkins was found guilty of violating said statute, and a fine of One Hundred Dollars ($100.00) , together with costs, was imposed upon said Robert B. Atkins; and

WHEREAS, the Motor Vehicle Commissioner, as a result of said conviction, did revoke the Operator's License of said Robert

A.Atkins; and

WHEREAS, the said Robert B. Atkins was charged wrongfully of violating said statute in that he was charged with violating the Act after the same had been amended by Chapter 62, Volume 46, Laws of Delaware, 1947, which was passed and approved by the Governor on March 17, 1947; and

WHEREAS, by Chapter 62, Volume 46, Laws of Delaware, 1947, the said Robert B. Atkins had not violated said statute; and

WHEREAS, on discovery of the error in prosecution for violation of this statute the time for appeal had expired and the Justice of the Peace had remitted said fine to the State Highway Department as provided under the laws of this State; and

WHEREAS, the Motor Vehicle Commissioner has, since the aforesaid conviction, renewed and returned the Operator's License to Robert B. Atkins, NOW, THEREFORE,

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

Section 1. That the sum of One Hundred Dollars ($100.00) is hereby appropriated to the State Highway Department from monies in the State Treasury, not otherwise appropriated, to be used by the aforesaid State Highway Department to refund a fine of One Hundred Dollars ($100.00) wrongfully imposed upon Robert B. Atkins on a charge of violating 5645. Sec. 107 of Chapter 165, Revised Code of Delaware, 1935, in the month of May, 1947.

Section 2. The monies hereby appropriated shall be paid by the State Treasurer upon proper warrant or warrants signed by the Chairman of the State Highway Department and approved by the Auditor of Accounts.

Section 3. This Act shall be known as a Supplementary Appropriation Act.

Approved June 30, 1949.