CHAPTER 1

PROVIDING FOR DISTRIBUTION OF DELAWARE CODE OF 1953

AN ACT TO PROVIDE FOR THE DISTRIBUTION AND SALE OF HOUSE BILL NO. 9, THE PROPOSED DELAWARE CODE OF 1953.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. The Secretary of State shall distribute the paper bound sets of House Bill No. 9, Proposed Delaware Code of 1953 as follows:

(1) One copy gratis to each member of the Senate and House of Representatives;

(2) One copy gratis to each of the following: the Attorney General and each Deputy Attorney General and each State or County office, department, commission, board, bureau or agency, each State or County court and each judge thereof and each justice of the peace; which shall be kept and remain in their respective offices and be delivered to their successors as the property of such offices;

(3) One hundred and fifty sets to the Prothonotary of New Castle County, twenty-five sets to the Prothonotary of Kent County and twenty-five sets to the Prothonotary of Sussex County for the purpose of sale to residents of this State. The Secretary of State and the State Treasurer shall charge the respective Prothonotaries with the sets of the Proposed Code delivered to them at the selling price thereof;

(4) The remaining sets to the State Library and into the custody of the Librarian.

Section 2. The librarian shall distribute one set of the Proposed Code to each of the following: the State Library of each State of the United States, the Library of Congress, the University of Delaware, the law library in each County, the New Castle County Chancery Law Library, each public library in this State, and the Historical Society of the State of Delaware. The Librarian shall retain the custody of the remaining sets of the Proposed Code, and shall sell or dispose of them to residents of this State, as provided by law. The Librarian shall be charged by the State Treasurer with all sets of this Code left in his custody for sale and shall semi-annually, on or about the first days of January and July, account to the State Treasurer for all sales so made by him and for the unsold sets remaining in his custody. Receipts from sales of this Code shall be paid currently to the State Treasurer.

Section 3. The selling price of the Proposed Code to residents of this State shall be $20.00 per set.

Section 4. The exclusive right to sell copies of the Code to non-residents of this State has been granted to West Publishing Co., of St. Paul, Minnesota, and Edward Thompson Co. of Brooklyn, New York, pursuant to chapter 128 of volume 48, Laws of Delaware. Therefore, copies of this Code shall not be sold by or on behalf of the State to any non-resident of the State or for resale to a non-resident.

Section 5. The Prothonotaries of the respective counties may obtain additional sets of the Proposed Code from time to time, as necessity may require, from the Librarian, for which they shall be charged by the State Treasurer at the aggregate selling price of the additional sets so obtained. The Prothonotaries shall be allowed a commission of 2 per cent for selling sets of the Code delivered to them in accordance with this section. The Prothonotaries shall currently pay to the State Treasurer the proceeds of all sales less their commissions, and shall account to the State Treasurer for all such sales, and for all unsold sets in their hands from time to time and upon going out of office, and shall deliver all unsold sets to their successors in office. The commissions on sales shall be received by the Prothonotaries for the sole use of the County of the Prothonotary, as in the case of other fees of the office, and shall be paid by the Prothonotaries to the respective Receivers of Taxes and County Treasurers and accounted for as fees of the office.

Section 6. This act shall apply only to the distribution of the paper bound sets of the Code now in possession of the Secretary of State. Distribution as provided for in this act may be made whether or not the Proposed Code is adopted by the General Assembly. Such distribution may be made before, after or during the consideration of the Proposed Code by the General Assembly and is not dependent upon the action of the General Assembly.

Approved February 5, 1953.