CHAPTER 230

AMENDING CHARTER OF CITY OF WILMINGTON

AN ACT TO AMEND SECTION 40 OF THE CHARTER OF THE CITY OF WILMINGTON, BEING SECTION 40, CHAPTER 20, VOLUME 17, LAWS OF DELAWARE, AS HERETOFORE AMENDED (AND REFERRED TO AS PART OF ARTICLE 6, 52, SEC. 52, OF THE REVISED CODE OF WILMINGTON 1942, AS PUBLISHED BY THE AUTHORITY OF THE COUNCIL OF THE MAYOR AND COUNCIL OF WILMINGTON, AT A MEETING OF THE COUNCIL HELD OCTOBER 19, 1939) AND RELATING TO THE POSITION OF CITY SOLICITOR.

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. Section 40 of the Charter of the City of Wilmington, being Section 40, Chapter 20, Volume 17 Laws of Delaware, as heretofore amended (and referred to as part of Article 6, 52, SEC. 52, of the REVISED CODE OF WILMINGTON 1942, as published by the Authority of The Council of The Mayor and Council of Wilmington, at a meeting of the Council held October 19, 1939) and relating to the position of City Solicitor, be and the same is hereby amended by striking out all of said Section 40 of the Charter of the City of Wilmington, being Section 40, Chapter 20, Volume 17, Laws of Delaware, as heretofore amended (and referred to as part of ARTICLE 6, 52, SEC. 52, of the REVISED CODE OF WILMINGTON 1942, as published by the Authority of The Council of The Mayor and Council of Wilmington, at a meeting of the Council held October 19, 1939), and by substituting and enacting in lieu thereof the following, to be known as Sec. 52 of the Charter of the City of Wilmington, as amended: 52. SEC. 52. CITY SOLICITOR; APPOINTMENT; TERM; QUALIFICATIONS; ASSISTANT CITY SOLICITORS; APPOINTMENTS; SALARIES OF CITY SOLICITOR AND ASSIST CITY SOLICITORS; POWERS:--

On the first day of July, A. D. 1957, 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 who shall have been admitted to practice in the Courts of Delaware at least three years prior to his appointment. The City Solicitor shall appoint three 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 the City Solicitor. The City Solicitor shall have power to discharge any Assistant City Solicitor at any time, and his acts in this regard shall not be questioned. The Council shall have power by ordinance to fix and determine the salary of the City Solicitor and the Assistant City Solicitors. 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, and this power and authority may be exercised by any Assistant City Solicitor. Subpoenas and attachments for the attendance of such witnesses and the production of such books and papers shall be signed by the City Solicitor or by any Assistant City Solicitor in the name of the City Solicitor, and said subpoenas and attachments shall be served by any police officer. Any false answer or statement given in such a case shall be deemed perjury and punished accordingly. The costs in all 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. All laws or portions of laws in conflict with any provision of this Act are hereby repealed.

Approved July 2, 1957.