Number. New Castle, JURISDICTION OF JUSTICES IN CRIMINAL CASES. CHAPTER 97. TITLE FIFTEENTH. OF THE JUSTICES OF THE PEACE. CHAPTER 97. General powers, duties and jurisdiction of justices in criminal cases. Chap. 386, vol 14; Chaps. 137 and 340, vol. 16; Chap. 32, vol. 18; Chap. 221, vol. 11; Chap. 87, vol. 12; Chap. 28, vol. 14; Chap. 175, vol. 15; Chaps. 16 and 339, vol. 16; Chap. 480, vol. 18; Chap. 55, vol. 19; Chaps. 273 and 625, vol. 11; Chaps. 410 and 411, vol. 13; Chaps. 177 and 178, vol. 15; Chap. 32, vol. 14; Chaps. 510, 533 and 580, vol. 11; Chaps. 127 and 409, vol. 13; Chaps. 34 and 387, vol. 14; Chap. 437, vol. 17; Chaps. 31 and 481, vol. 18; Chap 56, vol. 19; Chap. 176, vol. 15. CHAPTER 98. Jurisdiction in bastardy cases. CHAPTER 99. Justices' jurisdiction in civil cases of debt. Chap. 402, vol. 13; Chap. 93, vol. 14; Chap. 92, vol. 14; Chap. 677, vol. 18; Chap. 163, vol. 13; Chap. 389, vol. 14. CHAPTER 100. Justices' jurisdiction in trespass cases. CHAPTER 101. Justices' jurisdiction in cases of forcible entry and detainer; and of holding over. CHAPTER XCVII. GENERAL POWERS, DUTIES AND JURISDICTION OF JUSTICES IN SEC. 1 Number in the several counties; addi tional justices. 2. Power to enter process. 3. To keep records. Adjournments. 4. To issue subpoenas. 5. To administer oaths. 6. To punish contempts. 7. To arrest without warrant. To commit or bind to appear. Form of cummitment. Form of binding to keep the peace. 9. To permit parties to settle cases of as- 10. Not to receive fines or costs. To put it in charge of a constable. 13. To cause arrest of peace breakers, &c., 14. To fine drunkards and swearers 15. To punish those who resist authority. 18. The examination. 19. The commitment or binding to appear. SBC. 20. To deliver recognizances to clerk of the peace. Fee. NUMBER. SECTION 1. The number of justices of the peace now allowed by the constitution and laws, shall, two-thirds of each house of the legislature concurring, continue to be in the several counties, as follows: In New Castle county, twenty, of whom one shall reside in NUMBER OF JUSTICES. CHAP. 97. ADDITIONAL ACTS. Red Lion hundred, within one mile of Delaware City, one in the town of St. George's, and one in Christiana hundred; (one in each Kent. of the election districts of Appoquinimink hundred ;) in Kent Sussex. county, eighteen; and in Sussex county, twenty, one of whom shall Chap. 388,vol.14. reside within two miles of Cannon's Ferry. CHAPTER 386, VOL. 14, LAWS OF DELAWARE. AN ACT TO PREVENT JUSTICES OF THE PEACE AND NOTARY PUB- SECTION 1. That justices of the peace and notary publics shall reside and hold their Justices and said office or offices in the hundred for which they are or may be appointed. notaries to hold offices in the which appointed. SEC. 2. Any justice of the peace, or notary public so appointed and removing or hundreds for locating said office out of the hundred in which he is appointed, shall thereby forfeit Justice or notary the commission for said office or offices. Passed at Dover, April 1, 1873. CHAPTER 137, VOL. 16, LAWS OF DELAWARE. AN ACT IN RELATION TO JUSTICES OF THE PEACE AND CON STABLES. removing from the hundred to forfeit his commission. WHEREAS it has long been a custom for the justices of the peace and constables of the State to meet on the first day of the Court of Oyer and Terminer in the several counties, and as there is no advantage to the court by said meetings; therefore, SECTION 1. That from and after the passage of this act it shall not be required for Justices of the Peace and conany justice of the peace or constable to attend such courts unless summoned by the order of said courts, and no fees shall be paid to any justice of the peace or constable for attendance, unless he has regularly been summoned by order of said courts. SEC. 2. That all acts or parts of acts, now in force, conflicting with the provisions of Section Ist be and the same are hereby repealed and made null and void. Passed at Dover, February 18, 1879. NEW CASTLE COUNTY. CHAPTER 340, VOL. 16, LAWS OF DELAWARE. AN ACT TO REDUCE THE NUMBER OF JUSTICES OF THE PEACE IN stables not required to attend Court of Oyer and Terminer unless summoned SECTION 1. That the number of justices of the peace in the city of Wilmington Reduction of shall, as vacancies arise in said offices by death, resignation, expiration of their terms, tices of the Peace number of Jusor otherwise, be reduced to three, and the three of such officers hereafter first be- in Wilmington. coming vacant as aforesaid, shall as they so become vacant respectively, be thereupon and thereafter abolished and discontinued. Peace in New SEC. 2. That from and after the passage of this act the jurisdiction of the several Jurisdiction of justices of the peace now appointed or hereafter to be appointed in and for New Castle Justices of the county, shall extend only to the hundred for which they are appointed and in which Castle county. they reside, and to the adjoining hundreds, and no action shall be brought or main Certain judg. ments rendered by Justices of the Peace in New Castle county. Penalty for violation of law. Misdemeanor. Penalty. Proviso No judgment NUMBER OF JUSTICES-NEW CASTLE CO. CHAP. 97. ADDITIONAL ACTS. tained before any justice of the peace appointed for or residing in any hundred in New Castle county, against any person who does not reside within the same hundred of the said justice of the peace, or within a hundred immediately adjoining, for any cause of action arising from any obligation or express or implied promise or contract for the payment of money or render of rent, or delivery of produce, chattels, goods or merchandise or contract or agreement for personal labor, hire or service, or for any penalty or forfeiture incurred under the provisions of any statute, or of any law, or by law or ordinance authorized by statute. SEC. 3. Every judgment in any action that may be given or entered by any justice of the peace appointed for or living or residing in any hudnred of the county aforesaid, against any person not living or residing in the hundred of the said justice of the peace, or in a hundred immediately adjoining, except for criminal offences, shall be void, and any constable or other officer in New Castle county who shall serve any summons or other process whatever, issued by any justice of the peace in New Castle county, against any person not residing within the hundred of the justice of the peace aforesaid, or in a hundred immediately adjoining, except for criminal offences, every such constable or other officer shall for every such summons or other process forfeit and pay a fine of one hundred dollars to any person who shall sue for the same, and the official bond and sureties therein shall beliable for any judgment that may be obtained in pursuance of the provisions of this section. SEC. 4. Any justice of the peace appointed as aforesaid for and residing in New Castle county, who shall wilfully and knowingly, issue, contrary to the provisions of sections two and three of this act, any summons or other process, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall forfeit and pay a fine of not less than fifty dollars, nor more than one hundred dollars, one-half of such fine for the use of the State and the balance for the person upon whom such summons or other process shall have been served and such conviction shall of itself work a forfeiture of his office; Provided, that nothing in this act shall debar any bona fide resident of any hundred of said county who shall have resided therein for sixty days from bringing action before any justice of the peace who may reside in the said hundred against any person residing in any other hundred in the county aforesaid, for any action now authorized by law. This act shall take effect from and after its passage. Passed at Dover, April 8, 1881. CHAPTER 32, VOL. 18, LAWS OF DELAWARE. AN ACT ENTITLED AN ACT TO AMEND AN ACT ENTITLED AN ACT SECTION 1. That the said act entitled, “An act to reduce the number of justices of the peace in the City of Wilmingron and for other purposes," be and the same is hereby amended, as follows: That no judgment in a civil suit rendered by or before the justice of the peace in and for New Castle County after the passage of said act and prior to shall be reversed the passage of this amended act, shall hereafter be reversed or invalidated, on account record failing to of one record of such judgment failing to exhibit the residence of the parties thereof. exhibit residence But all judgments otherwise rendered in violation of said act, whether remaining on of parties thereto, the docket of the justice of the peace or transferred to the Superior Court docket of New Castle County are hereby declared to be void. on account of Passed at Dover, April 20, 1887. ADDITIONAL JUSTICES-NEW CASTLE CO. CHAP. 97. ADDITIONAL ACTS. CHAPTER 221, VOL. 11, LAWS OF DELAWARE. AN ACT TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL SECTION 1. That hereafter the number of the justices of the peace in New Castle Number of County, shall be twenty-one instead of twenty, as provided for in Section 1, of Chapter Castle county Justices in New 97 of the Revised Statutes of this State, and that the additional justice provided for increased io by this act shall reside in the town of New Castle. Passed at Dover, February 20, 1855. CHAPTER 87, VOL. 12, LAWS OF DELAWARE. AN ACT TO ENABLE THE GOVERNOR TO APPOINT AN ADDITIONAL twenty-one. Justice to reside in the town of New Castle. Justice of the at or near Clay SECTION 1. That the Governor be and he is hereby authorized and empowered to Additional appoint an additional justice of the peace for New Castle County, who shall reside at or near Claymont in Brandywine Hundred, also to appoint said justice of the peace a Notary Public with all the privileges and powers relating to such office. SEC. 2. That this act shall repeal all laws or parts of laws so far as they may be inconsistent herewith, and be deemed a public act. Passed at Dover, March 5, 1861. CHAPTER 28, VOL. 14, LAWS OF DELAWARE. mont. Justice of the AN ACT TO ENABLE THE GOVERNOR TO APPOINT AN ADDITIONAL JUSTICE OF THE PEACE AND NOTARY PUBLIC FOR NEW CASTLE COUNTY, TO RESIDE AT OR NEAR THE VILLAGE OF NEWPORT. SECTION I. That the Governor be and he is hereby authorized and empowered to Additional appoint an additional justice of the peace for New Castle county, who shall reside at or near the village of Newport in Christiana hundred; also to appoint said justice of the peace a notary public, with all the privileges and powers relating to such office. SEC. 2. That this act shall repeal all laws or points (parts) of laws so far as they may be inconsistent herewith, and be deemed a public act. Passed at Dover, February 2, 1871. CHAPTER 175, VOL. 15, LAWS OF DELAWARE. AN ACT FOR THE APPOINTMENT OF AN ADDITIONAL JUSTICE OF Newport. Said Justice to be SECTION 1. That the county of New Castle shall be entitled to one justice of the An additional peace in addition to the number now allowed by law, and that he shall be appointed Justice of the Peace, to reside and continue to reside in the city of Wilmington, and also that the said justice shall be in Wilmington. appointed an additional notary public for Wilmington hundred with all the privileges and powers relating to such office. Passed at Dover, February 12, 1875. Said justice to be a notary public for Wilmington hundred. Certain judgments rendered by Justices of the Peace in New Castle county. Penalty for violation of law. Misdemeanor. Penalty. Proviso NUMBER OF JUSTICES-NEW CASTLE CO. CHAP. 97. ADDITIONAL ACTS. tained before any justice of the peace appointed for or residing in any hundred in New Castle county, against any person who does not reside within the same hundred of the said justice of the peace, or within a hundred immediately adjoining, for any cause of action arising from any obligation or express or implied promise or contract for the payment of money or render of rent, or delivery of produce, chattels, goods or merchandise or contract or agreement for personal labor, hire or service, or for any penalty or forfeiture incurred under the provisions of any statute, or of any law, or by law or ordinance authorized by statute. SEC. 3. Every judgment in any action that may be given or entered by any justice of the peace appointed for or living or residing in any hudnred of the county aforesaid, against any person not living or residing in the hundred of the said justice of the peace, or in a hundred immediately adjoining, except for criminal offences, shall be void, and any constable or other officer in New Castle county who shall serve any summons or other process whatever, issued by any justice of the peace in New Castle county, against any person not residing within the hundred of the justice of the peace aforesaid, or in a hundred immediately adjoining, except for criminal offences, every such constable or other officer shall for every such summons or other process forfeit and pay a fine of one hundred dollars to any person who shall sue for the same, and the official bond and sureties therein shall beliable for any judgment that may be obtained in pursuance of the provisions of this section. SEC. 4. Any justice of the peace appointed as aforesaid for and residing in New Castle county, who shall wilfully and knowingly, issue, contrary to the provisions of sections two and three of this act, any summons or other process, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall forfeit and pay a fine of not less than fifty dollars, nor more than one hundred dollars, one-half of such fine for the use of the State and the balance for the person upon whom such summons or other process shall have been served and such conviction shall of itself work a forfeiture of his office; Provided, that nothing in this act shall debar any bona fide resident of any hundred of said county who shall have resided therein for sixty days from bringing action before any justice of the peace who may reside in the said hundred against any person residing in any other hundred in the county aforesaid, for any action now authorized by law. This act shall take effect from and after its passage. Passed at Dover, April 8, 1881. CHAPTER 32, VOL. 18, LAWS OF DELAWARE. AN ACT ENTITLED AN ACT TO AMEND AN ACT ENTITLED AN ACT TO REDUCE THE NUMBER OF JUSTICES OF THE PEACE IN THE CITY OF WILMINGTON, AND FOR OTHER PLACES. SECTION 1. That the said act entitled, “An act to reduce the number of justices of the peace in the City of Wilmingron and for other purposes," be and the same is hereby amended, as follows: That no judgment in a civil suit rendered by or before the justice of the peace in and for New Castle County after the passage of said act and prior to shall be reversed the passage of this amended act, shall hereafter be reversed or invalidated, on account record failing to of one record of such judgment failing to exhibit the residence of the parties thereof. But all judgments otherwise rendered in violation of said act, whether remaining on the docket of the justice of the peace or transferred to the Superior Court docket of New Castle County are hereby declared to be void. No judgment on account of exhibit residence of parties thereto, Passed at Dover, April 20, 1887. |