CHAPTER 471

AN ACT TO AMEND CHAPTER 19 OF TITLE 10, DELAWARE CODE, RELATING TO JUDICIAL RECORDS AND INDICES IN SUSSEX 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 to read as follows:

SUBCHAPTER VII. JUDICIAL RECORDS AND INDICES;

SUSSEX COUNTY

§ 1980. Revision of indices of court records

Whenever the index of indices of any record of the Superior Court in and for Sussex 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.

§ 1981. 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.

§ 1982. Appointment of Commissioners; preparation and examination of new indices

Whenever an order is made under this subchapter for the alteration, revision or making of any index or indices, a Judge of the Superior Court and the Court of Chancery of such County shall appoint two commissioners who shall make or cause to be made the index or indices of such records, pursuant to the provisions of this subchapter. The Commissioners may procure all books necessary for such purpose, the cost of which shall be paid by the Levy Court. The Commissioners shall examine such index or indices so made and shall certify the same to be true and correct. After such certification, the index or indices shall become and be the index or indices of Sussex County in lieu of those theretofore in use.

§ 1983. Compensation of Commissioners

After the Commissioners appointed under Section 1982 of this title have certified the indices, the Levy Court of Sussex County shall pay to the Commissioners a just and reasonable compensation for their services, to be fixed by the Levy Court upon the application of such Commissioners. With each application there shall be presented to the Levy Court a sworn itemized account of the time spent, expenses incurred and disbursements made, if any, by the Commissioners in and about the preparation or examination of the records or indices so made or examined by them.

Approved May 28, 1970.