CHAPTER 109

AMENDING CHARTER OF CITY OF WILMINGTON

AN ACT TO AMEND SECTION 40 OF THE CHARTER OF THE CITY OF WILMINGTON, AS AMENDED, BY CHANGING THE TERM OF OFFICE OF THE CITY SOLICITOR AND HIS ASSISTANTS.

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

Section 1. Section 40, Chapter 207, Volume 17, Laws of Delaware, as amended, is further amended by striking out all of said section and inserting in lieu thereof the following:

Section 40. On the first day of July, 1953, and at the same time every fourth year thereafter, the Mayor shall appoint a City Solicitor who shall hold his office for the term of four years and until his successor is duly appointed and qualified. The person so appointed City Solicitor must be an attorney and counselor of the Superior Court of the State of Delaware, who shall have been admitted to practice therein at least three years prior to his appointment, and shall also be a Solicitor in the Court of Chancery. The Council of the Mayor and Council of Wilmington shall have the authority to fix the salary of the City Solicitor for a sum not to exceed Five Thousand Dollars ($5,000) per annum, (payable in the same manner as other city officers are paid). The City Solicitor shall appoint two Assistant City Solicitors who shall hold office at the pleasure of the City Solicitor and perform such duties as shall be required of them by said City Solicitor. (a) The City Solicitor shall have power to discharge said Assistants at any time, and his acts in this regard shall not be questioned. Such Assistants shall receive a salary to be fixed by the Council, (b) payable in the same manner as other city officers are paid. The Council shall have power by ordinance to increase his salary. In addition to his other powers, the City Solicitor is hereby authorized to compel the attendance of witnesses and the production of books and papers at his office at any time, and to administer oaths and affirmations to witnesses at any time or in any place, for the purpose of securing information relative to his duties as prosecuting officer of the Municipal Court, and for violations of any laws or ordinances affecting or concerning said City. Subpoenas and attachments for the attendance of such witnesses and the production of such books and papers shall be signed by the City Solicitor and shall be served by any police officer. Any false answer to statement given in such a case shall be deemed perjury and punishable accordingly. The costs in such cases shall be paid by the Clerk of the Municipal Court in the same manner as the costs of proceedings in said Court are paid.

Section 2. This Act shall take effect and be in force from and after its passage and approval.

Approved June 4, 1953.