CHAPTER 67

AUTHORIZING PAYMENT OF SUPREME COURT

EXPENSES BY THE STATE TREASURER

AN ACT TO AMEND CHAPTERS 1, 3 AND 5 OF TITLE 10 OF THE DELAWARE CODE RELATING TO THE SUPREME COURT, COURT OF CHANCERY AND SUPERIOR COURT.

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

Section 1. § 104, Title 10 of the Delaware Code is amended to read as follows :

§ 104. Purchase of supplies

The Supreme Court from time to time may purchase for the Court such furniture, equipment, law books, stationery, and other supplies as may be requisite for the proper operation of the Court.

Section 2. Chapter 1, Title 10 of the Delaware Code is amended by adding at the end of subchapter I thereof a new section, as follows :

§ 105. Payment of expenses

The payment of the compensation of the Clerk and all other persons appointed or employed by the Court or any Justice thereof under the provisions of subchapter II of this Chapter, and the payment for supplies, equipment and other necessary expenses of the Court, including the traveling expenses of the Justices and the officers of the Court, shall be made by the State Treasurer out of funds regularly appropriated for the Supreme Court.

Section 3. § 121, Title 10 of the Delaware Code is amended by adding at the end thereof a new subsection, to be designated (c) as follows:

(c) The Clerk shall be custodian of the seal, the books, the records and the papers of the Court, and shall perform such duties as the Court may direct.

Section 4. § 123 and § 124, Title 10 of the Delaware Code are amended to read as follows:

§ 123. Court Reporter; stenographic and clerical assistants

The Supreme Court may from time to time employ a Court Reporter and such additional stenographic and clerical assistance as may be necessary for the proper operation of the Court. Any such persons shall receive for their services such amounts as the Supreme Court shall from time to time determine.

§ 124. Office secretaries

Each Justice of the Supreme Court may appoint and remove at pleasure one competent stenographer, to be designated as office secretary, whose duties shall be to render the Justice such clerical, stenographic, typewriting and secretarial services as may be required, and who shall receive such compensation as the Justices shall from time to time determine.

Section 5. Chapter 1, Title 10 of the Delaware Code is amended by adding at the end of subchapter II thereof a new section as follows:

§ 125. Certification of appointments

The Supreme Court shall certify to the State Auditor and the State Treasurer the names and addresses of the several persons appointed to the offices and positions authorized by this subchapter, the several dates of their appointments, and the monthly compensation to be paid to them.

Section 6. Chapter 3, Title 10 of the Delaware Code is amended by adding at the end of subchapter I thereof two new sections as follows:

§ 305. Purchase of supplies

The Chancellor may from time to time purchase for the Court such furniture, equipment, law books, stationery and other supplies as may be requisite for the proper operation of the Court.

§ 306. Payment of expenses

The payment of the compensation of all persons appointed or employed by the Court under the provisions of sections 322, 323 and 324 of subchapter II of this Chapter, and the payment for supplies, equipment and other necessary expenses of the Court, including the traveling expenses of the judges and the officers of the Court, shall be made by the State Treasurer out of funds regularly appropriated for the operation of the Court of Chancery.

Section 7. §§ 322, 323, 324 and 325, Title 10 of the Delaware Code are amended to read as follows:

§ 322. Court Reporters

The Chancellor shall have power from time to time to appoint and remove at pleasure such number of skilled and competent stenographers, to be designated as Court Reporters, as shall be necessary for the proper operation of the Court, together with such additional clerical assistants as may be required. The duties of the Court Reporters shall be to attend all sessions of the Court of Chancery in the several counties and all hearings before the Chancellor or the Vice Chancellor, as may be required, to report all evidence, opinions and other matters as the Chancellor or the Vice Chancellor may require, and to perform such other duties as the Chancellor may prescribe. The Court Reporters and assistants shall receive such compensation as the Chancellor shall from time to time determine. The Court Reporters before entering upon their duties shall take and subscribe the oath of office as required by the Constitution.

§ 323. Office secretaries

Each of the judges of the Court of Chancery may appoint and remove at pleasure one competent stenographer, to be designated as office secretary, whose duties shall be to render to such judge such clerical, stenographic, typewriting and secretarial services as may be required, and who shall receive such compensation as the Chancellor shall from time to time determine.

§ 324. Temporary appointments

If for any reason any of the Court Reporters or office secretaries shall be unable to perform his or her duties, the Chancellor may appoint a suitable and competent substitute to serve as a temporary Court Reporter or office secretary for such time and for such compensation as he shall determine. Any substitute Court Reporter shall take the same oath of office as is required of a Court Reporter, and his acts shall have the same force and effect as if done by an official Court Reporter. Such oath shall not be recorded, but shall be filed with the !Register.

§ 325. Court Reporters' charges

The Chancellor may regulate the charges to be made by Court Reporters for the furnishing of transcriptions of evidence, opinions, records, arguments or hearings.

Section 8. Chapter 3, Title 10 of the Delaware Code is amended by adding at the end of subchapter II thereof three new sections as follows:

§ 0. Bailiffs, Criers and Pages

(a) The Chancellor may appoint and remove at pleasure such number of Bailiffs, Criers and Pages as shall be necessary for the proper operation of the Court, not to exceed one Bailiff, one Crier and one Page in each of the several counties. They shall receive such compensation as the Levy Courts of the respective counties shall from time to time determine, payable in the same manner as the salaries of other county officers are

paid. They shall perform such duties and have such powers in connection with attendance upon the Court of Chancery as the Chancellor may from time to time prescribe.

(b) The Chancellor shall certify to the respective Levy Courts and to the respective County Treasurers the names and addresses of the persons appointed to the positions herein authorized, the several dates of their appointments, and the compensation to be paid to them.

§ 327. Certification of appointments

The Chancellor shall certify to the State Auditor and the State Treasurer the names and addresses of the several persons appointed to the offices and positions authorized under the provisions of sections 322, 323 and 324 of this subchapter, the several dates of their appointments, and the monthly compensation to be paid to them.

§ 328. Budgetary powers of Supreme Court

Nothing contained in this subchapter shall affect the powers of the Supreme Court conferred by section 6331 of Title 29.

Section 9. Chapter 5, Title 10 of the Delaware Code is amended by adding at the end of subchapter I thereof two new sections as follows :

§ 507. Purchase of supplies

The Superior Court may from time to time purchase for the Court such furniture, equipment, stationery and other supplies as may be requisite for the proper operation of the court rooms, judicial chambers and other quarters used or occupied by the judges, court officers and employees.

§ 508. Payment of expenses

The payment of the compensation of all persons appointed or employed by the Court under the provisions of sections 527, 528 and 529 of subchapter II of this Chapter, and the payment for supplies, equipment and other necessary expenses of the

Court, including the traveling expenses of the judges and the court reporters, shall be made by the State Treasurer out of funds regularly appropriated for the operation of the Superior Court.

Section 10. § 522, Title 10 of the Delaware Code is amended to read as follows :

§ 522. Bailiffs, Criers and Pages

(a) The Superior Court may appoint and remove at pleasure such number of Bailiffs, Criers and Pages as shall be necessary for the proper operation of the Court, not to exceed four Bailiffs, one Crier and one Page in New Castle County, three Bailiffs, one Crier and one Page in Kent County and three Bailiffs, one Crier and one Page in Sussex County. They shall receive such compensation as shall from time to time be determined by the Levy Courts of the respective counties, payable in the same manner as the salaries of other county officers. They shall perform such duties and have such powers in connection with attendance upon the Court as the Court may from time to time prescribe, and shall receive no other fees or compensation.

(b) The Court shall certify to the respective Levy Courts and to the respective County Treasurers the names and addresses of the persons appointed to the positions herein authorized, the several dates of their appointments, and the compensation to be paid to them.

Section 11. §§ 523, 524 and 525, Title 10 of the Delaware Code are repealed.

Section 12. §§ 527, 528, 529 and 530, Title 10 of the Delaware Code are amended to read as follows :

§ 527. Court Reporters

The Superior Court may from time to time appoint and remove at pleasure such number of skilled and competent stenographers to be designated as Court Reporters, as shall be

necessary for the proper operation of the Court, together with such additional clerical assistants as may be required. The duties of the Court Reporters shall be to attend all sessions of the Superior Court in the several counties and such hearings before any judge or judges thereof, as may be required, to report all evidence, opinions and other matters as the Superior Court may require and to perform such other duties as the Superior Court may prescribe. The Court Reporters shall also render any service that may be required for the proper operation of the Orphans' Court. The Court Reporters and assistants shall receive such compensation as the Court shall from time to time determine. Every Court Reporter before entering upon his duties shall take and subscribe the oath of office as required by the Constitution.

Office secretaries

Each judge of the Superior Court may appoint and remove at pleasure one competent stenographer, to be designated as office secretary, whose duties shall be to render such judge of the Superior Court such clerical, stenographic, typewriting and secretarial services as may be required, and who shall receive such compensation as the Superior Court shall from time to time determine.

§ 528. Temporary appointments

If for any reason any of the Court Reporters or office secretaries shall be unable to perform his or her duties, the Superior Court may appoint a suitable and competent substitute to serve as a temporary Court Reporter or office secretary for such time and for such compensation as the Court shall determine. Any substitute Court Reporter shall take the same oath of office as is required of a Court Reporter, and his acts shall have the same force and effect as if done by an official Court Reporter. Such oath shall not be recorded, but shall be filed with the Prothonotary.

§ 0. Court Reporters' charges

The Superior Court may regulate the charges to be made by Court Reporters for the furnishing of transcriptions of evidence, opinions, records, arguments or hearings.

Section 13. Chapter 5, Title 10 of the Delaware Code is amended by adding at the end of subchapter II thereof two new sections as follows :

§ 531. Certification of appointments

The Superior Court shall certify to the State Auditor and the State Treasurer the names and addresses of the several persons appointed to the offices and positions authorized by sections 527, 528 and 529 of this subchapter, the several dates of their appointments, and the monthly compensation to be paid to them.

§ 532. Budgetary powers of Supreme Court

Nothing contained in this subchapter shall affect the powers of the Supreme Court conferred by section 6331 of Title 29.

Section 14. This act shall take effect July 1, 1955.

Approved May 5, 1955.