CHAPTER 98

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 85

AN ACT CONCURRING IN A PROPOSED AMENDMENT TO §§22 AND 23, ARTICLE III, AND ARTICLE IV OF THE DELAWARE CONSTITUTION OF 1897, AS AMENDED, RELATING TO THE APPOINTMENT BY THE COURT OF CHANCERY OF A REGISTER IN CHANCERY AND THE POWERS AND DUTIES OF THE REGISTER 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):

WHEREAS, an amendment to the Constitution of the State of Delaware was proposed in the 140th General Assembly, being Chapter 357, Volume 72, Laws of Delaware, as follows:

"AN ACT PROPOSING AN AMENDMENT TO §§ 22 AND 23, ARTICLE III AND ARTICLE IV OF THE DELAWARE CONSTITUTION OF 1897, AS AMENDED, RELATING TO THE APPOINTMENT BY THE COURT OF CHANCERY OF A REGISTER IN CHANCERY AND THE POWERS AND DUTIES OF THE REGISTER IN CHANCERY.".

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

Section 2. Amend § 23, Article III, of the Delaware Constitution of 1897, as amended, by deleting the words "Registers in Chancery" as the same appear therein.

Section 3. 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:

"§ 25. Chief Register in Chancery: Appointment; Powers and Duties.

The Court of Chancery shall appoint a Chief Register in Chancery to hold office at the pleasure of that Court. The Chief Register in Chancery shall be the Clerk of the Court of Chancery and shall appoint, with the concurrence of the Court, a Register in Chancery in each county who shall also serve at the pleasure of Court. The Chief Register in Chancery may also appoint other deputies, issue process, and enter judgment and do such other things as are according to law and the practice of the Court."

Section 4. 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 such person was elected; provided, however, that a vacancy in the office after the effective date of this legislation by reason of ineligibility, death, resignation, or otherwise shall be filled by appointment of the Court of Chancery or left vacant if the Court so determines.

WHEREAS, the said proposed amendment was adopted by two-thirds of all members elected to each House of the 140th General Assembly:

NOW, THEREFORE:

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. The said proposed amendment is hereby concurred in an adopted, and shall forthwith become a part of the Constitution of the State of Delaware.

Approved July 06, 2001