CHAPTER 264

FORMERLY

HOUSE BILL NO. 23

AN ACT PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE III, AND ARTICLE IV OF THE DELAWARE CONSTITUTION RELATING TO THE APPOINTMENT BY THE COURT OF CHANCERY OF A REGISTER IN CHANCERY IN EACH COUNTY AND THE POWERS AND DUTIES OF REGISTERS IN CHANCERY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two—thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Section 22, Article III, of the Delaware Constitution of 1897, as amended, by deleting the words "Registers in Chancery" and "Clerks of the Orphans' Court" as the same appear therein.

Section 2. Amend Article IV of the Delaware Constitution of 1897, as

amended, by adding a new Section to be designated as "Section 25" thereto to read as follows:

125. Register in Chancery. Appointment: Powers and Duties

The Court of Chancery shall appoint a Register in Chancery in each County to hold office at the pleasure of the said Court. The Register in Chancery shall be the Clerk of the Court of Chancery in and for the County in which he or she holds office. He or she may issue process, and enter judgment and do such other things as are according to law and the practice of the court."

Section 3. Any person elected and commissioned as a Register in Chancery as of the effective date of this legislation shall continue to hold the respective office for the full term for which the person was elected; provided, however, that a vacancy in the office prior to the expiration of the full term by reason of ineligibility, death, resignation, or otherwise shall be filled by appointment of the Court of Chancery.

Approved June 11, 1992.