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Delaware Laws | Title 1 General Provisions

TITLE 1 General Provisions (1)(Text)

Date of Publication: March 9, 2011 (2)

CHAPTER 1. DELAWARE CODE (3)(Text)

Sec. 101. Designation and citation of Code. (4)(Text)

(a) The laws embraced in this title and the following titles, parts, chapters, subchapters and sections, as amended from time to time, shall constitute and be known as the "Delaware Code," hereinafter referred to as "the Code" or "this Code." (5)

(b) The Code may be cited by the abbreviation "Del. C." preceded by the number of the title and followed by the number of the section, chapter or part in the title. Examples: Section 101 of Title 1 may be cited as 1 Del. C. Sec. 101; chapter 3 of Title 2 may be cited as 2 Del. C. c. 3; Part V of Title 3 may be cited as 3 Del. C. Part V. When citing a section of the Code, the subchapter, chapter or part in which the section is found need not be included in the citation. (6)

(1 Del. C. 1953, Sec. 101; 49 Del. Laws, c. 220, Sec. 1.) (7)

Sec. 102. Effective date of Code. (8)(Text)

This Code shall become effective upon enactment. (9)

(1 Del. C. 1953, Sec. 102; 60 Del. Laws, c. 56, Sec. 2.) (10)

Sec. 103. Repeal of prior laws. (11)(Text)

All codes, and parts thereof, and all laws amendatory thereof and all other statutes, and parts thereof, of a general and permanent nature in effect on December 31, 1974, are repealed unless (1) expressly continued by specific provision of this Code, (2) omitted improperly or erroneously as a consequence of compilation, revision, or both, of laws enacted subsequent to the enactment of the Code which became effective on February 23, 1953, including, without limitation, any such omissions that may have occurred during the compilation, revision, or both, of the laws comprising this Code, or (3) omitted, changed or modified by the Revisors, or their predecessors, in a manner not authorized by Sec. 211 of this title. In the event 1 of the above exceptions should be applicable, the law as it existed prior to May 13, 1975, shall continue to be valid, effective and controlling. (12)

(1 Del. C. 1953, Sec. 103; 60 Del. Laws, c. 56, Sec. 3.) (13)

Sec. 104. Continuation of existing institutions, rights, and liabilities. (14)(Text)

(a) The repeal of prior laws, provided in Sec. 103 of this title, shall not affect any act done, or any cause of action accruing or accrued, or established, or any suit or proceeding had or commenced in any civil action, nor any plea, defense, bar, or matter subsisting before the time when such repeal shall take effect; but the proceedings in every such case shall conform with the provisions of this Code. (15)

(b) All the provisions of laws repealed by Sec. 103 of this title shall be deemed to have remained in force from the time when they began to take effect, so far as they may apply to any department, agency, office, or trust, or any transaction, or event, or any limitation, or any right, or obligation, or the construction of any contract already affected by such laws, notwithstanding the repeal of such provisions. (16)

(c) No offense committed, and no penalty or forfeiture incurred, under any of the laws repealed by Sec. 103 of this title, and before the time when such repeal shall take effect, shall be affected by such repeal. (17)

(d) No action or prosecution, pending on the effective date of the repeal provided in Sec. 103 of this title, for any offense committed or for the recovery of any penalty or forfeiture, incurred under any of the laws repealed by such section, shall be affected by such repeal; except that the proceedings in such action or prosecution shall conform with the provisions of this Code. (18)

(1 Del. C. 1953, Sec. 104.) (19)

Sec. 105. Effect on private or local acts. (20)(Text)

No private act, or act of local application, or portion of any prior Code or other statute pertaining to the City of Wilmington, or special act of incorporation, in effect on the date of enactment of this Code, and not revised and brought into this Code, shall be affected by any provision hereof. (21)

(1 Del. C. 1953, Sec. 105.) (22)

Sec. 106. Effect on acts heretofore repealed. (23)(Text)

No statute which heretofore has been repealed shall be revived by the repeal provided in Sec. 103 of this title. (24)

(1 Del. C. 1953, Sec. 106.) (25)

Sec. 107. Effect of repeal of validating statutes. (26)(Text)

The repeal by Sec. 103 of this title of a statute validating previous acts, contracts or transactions shall not affect the validity of such acts, contracts or transactions, but the same shall remain as valid as if there had been no such repeal. (27)

(1 Del. C. 1953, Sec. 107.) (28)

Sec. 108. Distribution of Code and supplements. (29)(Text)

(a) All copies of the Delaware Code printed or purchased by the State and distributed by law to state legislative, executive, judicial, or other state governmental entities shall be and remain the property of the State and shall be held in trust by the recipients thereof for the use and benefit of the citizens of this State. All copies of the Code and supplements thereto shall be delivered by the printer to the Government Support Services and shall be distributed by the Government Support Services as follows: (30)

(1) To the Legislative Council of the General Assembly such sets of the Code and supplements thereto which are requested by the Director of Research for distribution to members of the General Assembly and its legislative staff. No legislator, during his or her term in office, shall receive more than 1 set of the Code and the supplements as they are printed; (31)

(2) To the State Court Administrator, such sets of the Code and supplements thereto which are requested by the State Court Administrator for distribution to: (32)

a. All judges, courts and court connected offices and personnel which the Chief Justice of the State shall approve; (33)

b. All attorneys in the office of the Attorney General; and (34)

c. All attorneys in the office of the Public Defender. (35)

No attorney in the office of the Attorney General or Public Defender shall receive more than 1 set of the Code and the supplements as they are printed during the attorney's term as a member of the office of the Attorney General or office of Public Defender; (36)

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