CHAPTER 26

AN ACT TO AMEND SECTION 34 OF CHAPTER 207, VOLUME 17, LAWS OF DELAWARE BY AUTHORIZING "THE MAYOR AND COUNCIL OF WILMINGTON", A MUNICIPAL CORPORATION, TO PROVIDE, BY ORDINANCE, FOR A PROCEDURE FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT IN THE NAME OF "THE MAYOR AND COUNCIL OF WILMINGTON", INCLUDING THE AUTHORIZATION TO SAID "THE MAYOR AND COUNCIL OF WILMINGTON" TO AUTHORIZE THE USE OF FACSIMILE SIGNATURES ON CHECKS DRAWN AGAINST THE ACCOUNTS OF "THE MAYOR AND COUNCIL OF WILMINGTON".

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

Section 1. That Section 34 of Chapter 207, of Volume 17, Laws of Delaware, be and the same is hereby amended by striking out said Section 34 and adopting the following in lieu thereof:

All moneys belonging to the city which shall come into the hands of the city treasurer shall be by him deposited every day in some incorporated banking institution or institutions to be designated by the council, in the name of "The Mayor and Council of Wilmington", generally, except in the case of money proceeds arising out of a bonded debt authorized by the general assembly for a specific purpose or use, in which case such money proceeds shall be deposited in the name of "The Mayor and Council of Wilmington" for the special purpose or use for which the debt was authorized and shall only be drawn out for such special purpose or use..

Section 2. "The Mayor and Council of Wilmington" is hereby authorized to adopt an Ordinance or Ordinances establishing and prescribing a procedure for the withdrawal of moneys deposited in the name of "The Mayor and Council of Wilmington", including the naming of the person or persons who shall be required to sign checks, drafts, warrants, vouchers or other instruments for the payment of money.

Section 3. Any elected or appointed public official of "The Mayor and Council of Wilmington", who is permitted or required in the performance of his duties to affix his signature on any check, draft, warrant, voucher, or other instrument for the payment of money, may adopt a facsimile thereof, in lieu of such manual signature, and affix such facsimile to any such instrument. Notice of the adoption of any such facsimile signature shall be given in writing to the depository from which funds are to be withdrawn, which notice shall include a description of such facsimile signature. Prior to use of such facsimile, the written approval of such depository must be obtained.

Section 4. Any depository, bank, or other person which in good faith gives value for any check, draft, warrant, voucher, or other instrument for the payment of money bearing a duly adopted facsimile signature as authorized hereby shall be fully protected in such giving of value notwithstanding that the facsimile signature shall have been affixed without the authority or knowledge of the person whose signature it should purport to be.

Section 5. No person shall fraudulently imitate or duplicate or attempt to fraudulently imitate or duplicate the facsimile signature of any public official of "The Mayor and Council of Wilmington", who is permitted or required in the performance of his duties to affix his signature to checks, drafts, warrants, vouchers, or other instruments for the payment of money, nor shall any person cause any such genuine facsimile signatures to be printed or impressed to checks, drafts, warrants, vouchers, or other instruments for the payment of money, without the authority of said person so authorized.

Section 6. No provisions hereof shall release the liability of any public official, employee, or other person for loss of funds occasioned by any unauthorized use or misuse of a duly adopted facsimile signature. All officials may protect themselves from loss, damage, or expense occasioned by the unauthorized use of such facsimile signature by purchasing, at public expense, a surety bond or insurance in such amount as is approved by the City Solicitor.

Section 7. Any person violating any provisions of this law shall, upon conviction, be deemed guilty of a felony and shall be imprisoned for a term not to exceed five years and/or fined not less than $500.00 nor more than $2,500.00 or both, in the discretion of the Court.

Approved April 20, 1961.