CHAPTER 247

FAMILY COURT--NEW CASTLE COUNTY RELATING TO APPEALS

AN ACT TO AMEND CHAPTER 241 OF VOLUME 45, LAWS OF DELAWARE, BEING AN ACT CREATING A FAMILY COURT FOR NEW CASTLE COUNTY, BY PROVIDING THAT IN APPEALS FROM ORDERS OF THE FAMILY COURT, ANY JUDGE OF THE SUPERIOR COURT IN AND FOR NEW CASTLE COUNTY MAY REHEAR THE CASE, AND THAT THE JUDGE REHEARING THE CASE MAY WAIVE SURETY FOR COSTS IN THE CASE OF INDIGENT PERSONS.

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

Section 1. That Section 18. of Chapter 241, Volume 45, Laws of Delaware, be, and the same hereby is amended by striking out all of said Section 18. and inserting in lieu thereof the following:

Section 18. Appeal:--Any order of the Court relative to the custody of any child shall be subject to review, and his parent, guardian, next friend or any interested person or agency, at any time within thirty days after the date of such order, upon giving surety for costs as herein provided may appeal to the Superior Court in and for New Castle County, any Judge of which shall rehear the case; and for that purpose shall cause said child to be brought before him, and also the witnesses on behalf of the State and the custodian, and upon such rehearing, said Judge of the Superior Court shall make such order in the matter as he shall deem proper. Such appeal shall not be allowed unless such parent, guardian, next friend, or interested person or agency shall give bond to the State of Delaware in such amount, and with such surety as shall be approved by one of the Judges of the Superior Court, conditioned for the payment of the costs of said appeal and rehearing; PROVIDED, HOWEVER, that in the case of indigent persons, the Court may, in its discretion, waive surety for costs upon affidavit by such person that he is without funds and means of prosecuting the appeal. The taxing of costs shall be within the discretion of the Judge of the Superior Court who presides at the hearing.

Approved June 5, 1951.