Delaware General Assembly


CHAPTER 332

AN ACT TO AMEND TITLE 10, DELAWARE CODE, ENTITLED "COURTS AND JUDICIAL PROCEDURE" IN RESPECT TO CHIEF DEPUTY PROTHONOTARIES AND REGISTERS IN CHANCERY AND CLERKS OF THE ORPHANS' COURT.

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

Section 1. § 2802, Title 10, Delaware Code, is hereby amended by repealing said § 2302 in its entirety and by enacting in lieu thereof a new § 2302 to read as follows:

§ 2302 (a) In each county the Judges of the Superior Court resident in the county shall name a chief deputy Prothonotary at an annual compensation to be set by such Judges. He shall perform such duties as shall from time to time be assigned to him by such Judges. His compensation shall not exceed the statutory compensation of the Prothonotary of that county. A chief deputy Prothonotary when appointed and qualified shall not be removed from office except for good and sufficient cause.

(b) The Prothonotaries of the respective counties may employ the deputies and clerks listed below:

(1) New Castle County--one additional chief Deputy, who shall be qualified to and shall perform the duties of bookkeeper-cashier; one deputy; twelve clerks; one caretaker.

(2) Kent and Sussex Counties--deputies and clerks as are authorized by the Levy Court of the county, at compensations fixed by such Levy Court.

Section 2. § 2503, Title 10, Delaware Code, is hereby amended by repealing said § 2503 in its entirety and by enacting in lieu thereof a new § 2503 to read as follows:

§2503 (a) In each county the Chancellor or Vice Chancellor resident in the county shall name a chief deputy Register in Chancery and Clerk of the Orphans' Court. He shall perform such duties as shall from time to time be assigned to him by the Court of Chancery. As to any county in which no Chancellor or Vice Chancellor resides all of the Judges of the Court of Chancery shall elect a chief deputy Register in Chancery and Clerk of the Orphans' Court. The appointing Judge or Judges shall set the annual compensation of such chief deputy but such compensation shall not exceed the statutory compensation of the Register in Chancery and Clerk of the Orphans' Court in that county. A chief deputy Register in Chancery and Clerk of the Orphans' Court when appointed and qualified shall not be removed from office except for good and sufficient cause.

(b) The Register in Chancery and Clerk of the Orphans' Court in the respective counties may employ the deputies and clerks listed below:

(3) New Castle County--one deputy, six clerks at compensation fixed by the Levy Court.

(4) Kent and Sussex Counties--such deputies and clerks as are authorized by the Levy Court of the county at compensation fixed by such Levy Court.

Section 3. This Act shall become effective January 1, 1961.

Approved July 3, 1960.