CHAPTER 305

AN ACT TO AMEND TITLE 10, DELAWARE CODE, RELATING TO JUDICIAL RECORDS AND INDICES IN KENT COUNTY.

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

Section 1. Title 10, Delaware Code is amended by adding a new subchapter to that Title as follows:

SUBCHAPTER 7. JUDICIAL RECORDS AND INDICES; KENT COUNTY

§ 1966. Revision of indices of court records

Whenever the index or indices of any record of the Superior Court in and for Kent County, or of any record of the office of the Register of Wills of such County, or of any record of the office of the Recorder of such County, or of any record of the Court of Chancery in and for such County, or of any record of the Orphans' Court in and for such County, needs renewing, revising, altering or recopying, or any of such records not being sufficiently indexed are in need of a new or better system of ascertaining its contents, or needs renewing for purposes of preservation; the Superior Court in and for such County may order that a renewed, revised, altered, recopied or sufficient index or indices be made for any of the records of the Superior Court, Register of Wills or Recorder; the Court of Chancery in and for such County may order that a renewed, revised, altered, recopied or sufficient index or indices be made for any of the records of the Court of Chancery; and the Orphans' Court in and for such County may order a renewed, revised, altered, recopied or sufficient index or indices be made for any of the records of the Orphans' Court.

§ 1967. Omission of satisfied liens from new indices

Whenever a new index or indices are made under this subchapter for the records of judgments, mechanics' liens, foreign or domestic attachments, mortgages or recognizances, the new index or indices shall omit all such as have been fully and legally satisfied. No other change shall be made in the manner or system of keeping any index except by order of the Court so doing.

§ 1968. Officer in charge; preparation

Whenever an order is made under this subchapter for the making of any index or indices, the officer in charge of the records for which such index or indices are to be made shall make or cause the same to be made, pursuant to the provisions of this subchapter and such order. He may procure all books necessary for such purpose, the cost of which shall be paid by the Levy Court of Kent County.

§ 1969. Appointment of Commissioners to examine new indices

Whenever it is directed that any index or indices shall be made as provided in this subchapter, the Judges of the Superior Court of the State of Delaware shall appoint two commissioners. The commissioners shall examine such index or indices, and, if they approve of the execution and exactness thereof, they shall certify the same to be a true and correct index or indices. After such certification, the index or indices shall become and be the index or indices of Kent County in lieu of those theretofore in use.

§ 1970. Compensation of indexer and commissioners

After the commissioners appointed under section 1969 of this title have certified the indices, the Levy Court of Kent County shall pay to the officer by whom the indices have been made, and to the commissioners, a just and reasonable compensation for their services, to be fixed by the Levy Court upon the application of such officer and commissioners. With each application, there shall be presented to the Levy Court, a sworn itemized account of the time spent and disbursements made, if any, by the officer or commissioners, as the case may be, in and about the preparation or examination of the records or indices so made or examined by them.

§ 1971. Examination of judgment satisfactions by commissioners

The Judges of the Superior Court of the State of Delaware, during the month of May in each year, shall appoint two commissioners who shall examine all entries of the satisfaction of judgments entered in the Superior Court in and for such County, and who shall enter in the index opposite the record of each and every judgment which they find to be legally and fully satisfied the word "Satisfied", together with the signature of one of them as commissioner. The term of office of the commissioners shall be for one year commencing on the first day of June after their appointment. Any vacancy occurring in such office by reason of death, resignation, removal from the County or otherwise, shall be filled by the Judges of the Superior Court of the State of Delaware for the unexpired term. The Commissioners shall receive for their services a reasonable compensation to be fixed and paid by the Levy Court.

§ 1972. Examination of mortgage satisfactions by commissioner

The Judges of the Superior Court of the State of Delaware, during the month of May in each year, shall appoint a commissioner who shall, on or before the 15th day of each and every month, examine all entries of the satisfaction of mortgages in Kent County, and enter in the index opposite the record of each and every mortgage which he finds to be legally and fully satisfied the word "Satisfied", together with his signature as commissioner. The term of office of the commissioner shall be for one year commencing on the first day of June after his appointment. Any vacancy occurring in such office, by reason of death, resignation, removal from the County or otherwise, shall be filled by the Judges of the Superior Court of the State of Delaware for the unexpired term. The commissioners shall receive for his services a reasonable compensation to be fixed and paid by the Levy Court.

Approved June 20, 1960.