CHAPTER 220

CORRECTING ERRORS IN CODE

AN ACT TO AMEND THE DELAWARE CODE OF 1953 BY CORRECTING ERRORS THEREIN.

WHEREAS, in the preparation of the permanent edition of the Delaware Code of 1953, the Revised Code Commission has discovered certain errors in the Delaware Code of 1953 as enacted, NOW, THEREFORE,

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

Section 1. § 101, Title 1, Delaware Code of 1953 relating to "Designation and Citation of Code" is amended by striking out the word and figures "of 1953" as the same appear in the third line thereof.

Section 2. § 4171, Title 7, Delaware Code of 1953 relating to "Duties of Board of Assessment, assessment book" for tax ditches is amended to read as follows:

§ 4171. Duties of Board of Assessment; assessment book

For tax ditches formed under this chapter, the Board of Assessment of the County shall transcribe the information shown on the assessment list delivered to it pursuant to section 4162 (4) of this title into a special assessment book and it shall keep the same as part of the permanent records of its office. It shall also change the name of the owner shown therein from time to time as such changes are warranted by transfers of the lands assessed, to new owners.

Section 3. § 102 (c), Title 8, Delaware Code of 1953 relating to "Certificate of incorporation; contents; definition" is amended by adding the figures "244 (d)" to line 3 thereof between the figures "243 (d)" and the figures "245" and adding a comma after such insertion.

Section 4. § 244 (b), Title 8, Delaware Code of 1953 relating to "Reduction of capital" of corporations is amended by substituting the word "of" for the word "by" in the sixth line of said subsection so that the phrase appearing on such line shall read "shares of stock of the same or of a different class of stock".

Section 5. § 1606, Title 9, Delaware Code of 1953 relating to "Duties and powers of Commission" in respect to the County Building, New Castle County is amended by striking out the word "for" as the same appears in line nine of such section.

Section 6. § 951 (15), Title 10, Delaware Code of 1953 relating to "Exclusive jurisdiction" of the Family Court is amended by substituting the figures "31" for the figures "19" as the same appear in the last line thereof.

Section 7. § 6902 (2), Title 10, Delaware Code of 1953 relating to "Persons entitled to writs; exceptions" is amended to read as follows:

(2) Persons convicted of, or charged with, treason, felony, or any offense in another state, who ought, by the Constitution of the United States, to be delivered to the executive of such state, subject to the provisions of section 2510 of Title 11 of this Code; and

Section 8. § 9101, Title 10, Delaware Code of 1953 relating to justices of the peace "Number in each county" is amended so that the first two lines thereof shall read as follows: "In the counties of this State, there may be the following numbers of justices of the peace:"

Section 9. §§ 2304, 2307 and 2308, Title 11, Delaware Code of 1953 relating to "Persons authorized to issue search warrants" are amended as follows:

§ 2304 is amended by striking out the words "or the Clerk of any of the foregoing courts,".

Section 10. § 1547 (d), Title 12, Delaware Code of 1953 relating to "Discharge of executor or administrator upon his petition; procedure; appeal" is amended by substituting the words "Orphans' Court" for the words "Superior Court" as the same appear in the last line thereof.

Section 11. § 3905, Title 12, Delaware Code of 1953 relating to "Appointment of guardian upon conviction of person having custody or control of minor; restoration of minor to parent", is amended by, substituting the words "Family Court of New Castle County or Juvenile Court of Kent and Sussex Counties" for the words "Orphans' Court" in the fourth line thereof.

Section 12. § 106 (c), Title 13, Delaware Code of 1953 relating to "Solemnization of marriages; production of license; penalty; registration of persons authorized to solemnize marriages" is amended by striking the figure "3129" as the same appear in the last line thereof, and substituting in lieu thereof the figures "3121".

Section 13. § 1552, Title 13, Delaware Code of 1953 relating to "Jurisdiction; service of process" in annulment cases, is amended by adding thereto the following paragraph:

When the defendant cannot be served personally within this State, and when at the time of the commencement of the action the plaintiff is a bone fide resident of this State, jurisdiction may be acquired by service by publication as provided in section 1526 of this title.

Section 14. § 3307, Title 14, Delaware Code of 1953 relating to "Acceptance of federal Vocational Rehabilitation Act; cooperation with federal agencies" is amended by striking out the words "Office of United States Vocational Rehabilitation, Federal Security Agency," as the same appear in the last sentence thereof and substituting in lieu thereof "Department of Health, Education, and Welfare".

Section 15. § 3309, Title 14, Delaware Code of 1953 relating to "Cooperation with Federal Security Agency" is amended by striking out the words "Federal Security Agency" as the same appear in the title and in the first sentence thereof and substituting in lieu thereof the words "Department of Health, Education, and Welfare".

Section 16. § 7106, Title 14, Delaware Code of 1953 relating to "Powers and duties" of the Library Commission is amended by striking out the following phrase "and shall have the supervision and control of all circulating libraries now or hereafter to be established under the provisions of section 7161 of this title" as the same appears beginning on line three thereof.

Section 17. § 2501, Title 18, Delaware Code of 1953 relating to "Transfer of deposit to receiver" of insurance companies is amended by substituting the figures "279 and 291" for the figures "2075 and 4407" as the same appear in line six thereof.

Section 18. § 532, Title 19, Delaware Code of 1953 relating to "Jurisdiction of justices of the peace; appeals" in child labor cases is repealed.

Section 19. § 3302 (10) (E), Title 19, Delaware Code of 1953 relating to "Definitions" is amended by substituting the word "section" for the word "subdivision" as the same appears in the second line thereof.

Section 20. § 2101, Title 21, Delaware Code of 1953 relating to "Operation of unregistered vehicle; exception" is amended by striking out the first line thereof which reads as follows: "No person shall drive or move or for any owner knowingly permit to" and substituting in lieu thereof the following words: "No person shall drive or move, nor shall any person, being the owner of a vehicle, knowingly permit to".

Section 21. § 2115 (1), Title 21, Delaware Code of 1953 relating to "Violations of registration provisions" is amended by striking out the first line thereof which reads as follows: (1) Operate, or for the owner thereof knowingly permit the operation" and substituting in lieu thereof the following: "(1) Operate, or being the owner of any motor vehicle, trailer, or semi-trailer, knowingly permit the operation".

Section 22. § 2171, Title 21, Delaware Code of 1953 relating to "Operation of unregistered taxicab; exception" is amended by striking out the first line thereof which reads as follows: "No person shall drive or move or for an owner knowingly permit" and substituting in lieu thereof the following: "No person shall drive or move, nor shall any person, being the owner of a taxicab, knowingly permit".

Section 23. § 2191 (1), Title 21, Delaware Code of 1953 relating to "Violations of registration provisions" is amended by striking out the first line thereof which reads as follows: "(1) Operate, or, being the owner thereof, knowingly permit the" and substituting in lieu thereof the following: "(1) Operate, or, being the owner of a taxicab, knowingly permit the".

Section 24. § 2766 (b), Title 21, Delaware Code of 1953 relating to "Issuance of license" is amended by striking out the period at the end of the last sentence thereof and substituting the following: "under subchapter I of this chapter".

Section 25. § 4338, Title 21, Delaware Code of 1953 relating to "Reflectors on trucks carrying explosives" is amended by substituting the figures "4337" for the figures "4336" as the same appear in line three thereof.

Section 26. § 1176, Title 24, Delaware Code of 1953 relating to "Certain specific offenses" in regard to Dentistry and Oral Hygiene is amended by substituting the words and figures "section 1131 of this title" for the words and figures "sections 1131 and 1159" as the same appear in the first and second lines thereof.

Section 27. § 2586, Title 24, Delaware Code of 1953 relating to "Jurisdiction" of the justices of the peace in connection with violations of the pharmacy laws is amended so that the first paragraph thereof shall read as follows:

Justices of the peace shall have jurisdiction of any offenses under this chapter, except offenses under section 2582 (b) of this title and the offense of selling or delivering to a minor under 16 years of age the substances mentioned in section 2584 of this title contrary to the provisions of such section.

Section 28. § 321, Title 28, Delaware Code of 1953 relating to "License to conduct racing for stake, purse or reward" is amended by substituting the word "unless" for the word "except" as the same appears in line two thereof.

Section 29. § 322 (3), Title 31, Delaware Code of 1953 relating to "Duties of Department" of Welfare, is amended by striking out the word "State" as the same appears in line two thereof.

Section 30. § 365, Title 31, Delaware Code of 1953 relating to "St. Michael's Home for Babies; guardianship" is amended by substituting the words "St. Michael's Day Nursery for Colored Children" for the words "St. Michael's Home for Babies" where such words appear in the heading of said section and in the first line thereof.

Section 31. § 2310, Title 31, Delaware Code of 1953 relating to Aid to the Blind, "Appeal to Commission; hearing" is amended by striking out the words "of the Board" as the same appear in the third line thereof.

Section 32. § 2316, Title 31, Delaware Code of 1953 relating to "Federal financial participation" in Aid to the Blind is amended by striking out the word "To" as the same appears in the third line thereof.

Section 33. § 4139, Title 31, Delaware Code of 1953 relating to "When receipts to be applied to reduction of rentals" by the State Board of Housing is amended by inserting the words "of this title" after the figures "4110" as the same appear in line three thereof.

Section 34. § 757, Title 11, Delaware Code of 1953, relating to "wiretapping" is amended by striking out the dash at the end of the second paragraph of said section and substituting in lieu thereof the following: ": or, whoever aids, employs or conspires with any person unlawfully to do, or permit or cause to be done, any of the acts hereinbefore mentioned--".

Approved June 30, 1953.