Delaware General Assembly

CHAPTER 69.

OF NOTARIES PUBLIC.

AN ACT relating to Notaries Public.

Whereas, By reason of numerous existing Special Acts of the General Assembly, great confusion exists in relation to the appointment of Notaries Public;

And Whereas, This confusion can be done away with by the enactment of a General Law relating to Notaries Public; therefore,

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That from and after the approval of this Act, the Governor is hereby authorized and directed to appoint every person who shall be appointed by him to the office of Justice of the Peace in this State, also a Notary Public, Provided However, that the term of office of any person appointed a Notary Public under the provisions of this Section, whose appointment as a Justice of the Peace shall not be confirmed by the Senate or who shall fail to qualify, resigns or be removed from said office of Justice of the Peace, shall terminate at the same time his term of office as Justice of the Peace terminates.

Section 2. In addition to the Notaries Public authorized to be appointed by Section 1 of this Act, the Governor is hereby authorized and directed to appoint one Notary Public for each Trust Company, Bank or Banking Association or branch or branches thereof in this State, whether State or National, now or hereafter to be chartered or organized under the Laws of this State or of the United States, provided however, that the privileges and duties of the Notaries Public who may be appointed for the several Trust Companies, Banks or Banking Associations or branch or branches thereof within this State whether State or National, shall be confined to the business of their respective Trust Companies, Banks or Banking Associations or branch or branches thereof.

Section 3. That in addition to the Notaries Public authorized to be appointed by Sections 1 and 2 of this Act, there may be appointed in New Castle County, fifty-five Notaries Public; in Kent County, five Notaries Public; in Sussex County five Notaries Public; and after the approval of this Act, only such persons shall be appointed Notaries Public as have been provided for in this and the preceding Sections of this Act.

Section 4. The terms of office of Notaries Public appointed under this Act, shall be four years.

Section 5. Every Notary Public, appointed under this Act, shall pay the fees and taxes now required by law, to be paid by Notaries Public upon their appointment.

6. This Act shall take effect and become operative, as to Notaries Public now in office, appointed under any existing law of this State, upon the termination of the terms of their respective offices, and said last mentioned laws shall at that time be repealed; provided however, that nothing in this Act shall be construed to repeal Section two, three, four, five, six, seven and eight of Chapter 36 of the Revised Code, as amended, printed and published in A. D. 1893.

Section 7. All Laws or parts of laws inconsistent with the provisions of this Act, be and the same are hereby repealed.

Section 8. That hereafter Notaries Public shall be appointed under the provisions of this Act and not otherwise.

Approved, March 9, A. D. 1905.

CHAPTER76.

OF THE COURT OF CHANCERY.

AN ACT providing a Stenographer for the Court of Chancery.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That there shall be attached to the Court of Chancery, an additional officer, who shall be a skilled and competent stenographer, whose duty it shall be to attend the sessions of said Court in the several Counties, and also whenever the Chancellor sits in Chambers for the hearing of causes or petitions, and under the order and direction of the Chancellor to report all evidence, opinions and other matters, as the Chancellor may order.

He shall he appointed by the Chancellor and be subject to be removed at pleasure, and another appointed in his place.

Section 2. Before entering upon his duties, he shall be duly sworn as other Court Officers, and shall give bond to the State of Delaware in the penal sum of Two Thousand dollars, to be approved by the Chancellor, for the faithful discharge of his duties.

"He shall receive as compensation for his services such sum as may be approved by the Chancellor, not exceeding Six Hundred dollars for each and every year".

Approved March 23, A. D. 1905.