OF COURTS OF JUSTICE. Jurors of terms to February Petit Jury at the September terms of the Court of General Sessions of the Peace and Jail Delivery created by this act; and that the persons last serving and in attendance, as Petit Jurors, Petit upon the November terms of court, as the same are now or here- November after may be held, shall attend and serve as the Petit Jury at the serve at February terms of the Court of General Sessions of the Peace term and Jail Delivery created by this act. And it shall be the duty of the court, at the May and November terms, in discharging Discharge the said Petit Jurors, to discharge them until the first day of the Jurors. next succeeding term of the said Court of General Sessions of the Peace and Jail Delivery to be held in September or Febru ary, as the case may be. of Petit tent acts SECTION 3. And be it further enacted as aforesaid, That all Inconsis acts or parts of acts inconsistent herewith are hereby repealed. repealed. Passed at Dover, March 18, 1879. CHAPTER 135. OF THE SUPERIOR COURT. AN ACT authorizing the Superior Court in and for New Castle County, to make certain rules. Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met: Court au tain rules. SECTION 1. Whenever the Superior Court sitting in and for superior New Castle County, may consider it necessary or proper, they thorized to shall have the power to appoint, by rule, any day during the make cer terms of said court, which they may see fit, for the transaction of when. all such matters or things as are now required by law to be done on or before the last day of the term. And all matters or Transac things which may be done in accordance with any rule, made in accord as aforesaid, shall be as valid and binding as if done on the last said rules day of said term, and shall have the same operation and effect. Passed at Dover, March 27, 1879. tions done ance with valid. Revised Statutes. 580. Chap. 96. Revised amended. mortgages OF COURTS OF JUSTICE. CHAPTER 136. OF THE ORPHANS' COURT. AN ACT to amend Chapter 96 of the Revised Statutes, entitled "Of the Be it enacted by the Senate and House of Representatives of the SECTION 1. That Chapter 96 of the Revised Statutes, entitled 'Of the Orphans' Court," be and the same is hereby amended by Statutes, adding at the end of Section 19, the following, viz: "that it shall Bonds and be the duty of the Clerk of the Orphans' Court to cause such to enter judgment to be entered and such mortgage to be recorded immeed on being diately upon such bond or mortgage being executed and ap by court. proved by the court, and also shall cause all bonds in the office of said clerk not heretofore entered, and all mortgages not heretofore recorded, to be delivered in the proper office to be entered Penalty for and recorded. Any neglect or refusal by the clerk so to do, shall be a breach of his official obligation." approved neglect or refusal. Passed at Dover, February 14, 1879. A TITLE FIFTEENTH. Of the Justices of the Peace. CHAPTER 137. OF JUSTICES OF THE PEACE AND CONSTABLES. AN ACT in relation to Justices of the Peace and Constables. WHEREAS it has long been a custom for the Justices of the Preamble. Be it enacted by the Senate and House of Representatives in Gen- Justices of the Peace stables not SECTION 1. That from and after the passage of this act it shall not be required for any Justice of the Peace or Constable and Conto attend such courts unless summoned by the order of said required to courts, and no fees shall be paid to any Justice of the Peace or court of Constable for attendance, unless he has regularly been summoned former by order of said courts. SECTION 2. That all acts or parts of acts, now in force, conflicting with the provisions of Section 1st be and the same are hereby repealed and made null and void. attend Oyer and Termner unless summoned. Inconsis. tent acts repealed. Passed at Dover, February 18, 1879. CHAPTER 138. JUSTICES OF THE PEACE AND MAYORS OF CITIES. AN ACT limiting the term of imprisonment of persons committed to jail SECTION 1. Be it enacted by the Senate and House of Represen- Persons tatives of the State of Delaware in General Assembly met: That committed every person who shall be committed to either of the jails of the by Justices State, in default of the payment of any fine imposed and costs for fines be arising in any proceeding before a Mayor of a city or a Justice when. and Mayors discharged. Duty of jails. livery to be OF JUSTICES OF THE PEACE. of the Peace in this State, except fines for contempt, shall be discharged at the expiration of thirty days from the date of such keeper of commitment; and it shall be the duty of the keeper of the respective jails to write on the back of every such commitment Date of de- the date of the delivery of the person to his custody, and at the endorsed on expiration of thirty days therefrom, if the fine and costs be not commit- sooner paid, to discharge such person from imprisonment. An entry of all such commitments, and the date of the discharge shall be entered on the lists which the sheriff and keeper of the Court of jails of the several counties are required to make to the Court of General Sessions of the Peace and Jail Delivery and Attorney General at the respective term of said court. Passed at Dover, March 10, 1879. ment. Entries made on lists to General Limits of jurisdistion CHAPTER 139. JURISDICTION OF JUSTICES OF THE PEACE IN THE CITY OF WILMING TON. AN ACT in relation to the Jurisdiction of Justices of the Peace in the City Be it enacted by the Senate and House of Representatives of the SECTION 1. That the jurisdiction of the several Justices of of Justices the Peace now appointed, or to be hereafter appointed, in the city of Wilmington, in New Castle County, in all criminal and the city of civil or other causes, shall not extend more than four miles from Wilming of the Peace in toh. or beyond the incorporated limits of the said city, except for 1 OF JUSTICES OF THE PEACE. rendered this act, for criminal forbidden yond limit SECTION 2. Every judgment in any action that may be given Judgments or entered by any justice of the peace appointed for or living or contrary to residing in the city of Wilmington, against any person living or void, except residing more than four miles from or beyond the incorporated res limits of the said city, except for criminal offences committed within the said city limits aforesaid, shall be void; and any con- Constables stable or other officer in New Castle County who shall serve any to serve summons or other process whatever, issued by any justice of the process be peace in the city of Wilmington against any person living more et jurisdic than four miles from or beyond the incorporated limits of said city, except for criminal offences committed within the city limits as aforesaid, every such constable or other officer shall for every Penalty. 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 be liable for any judgment Liability of that may be obtained in pursuance of the provisions of this sec. bond of contion. tion. official stable. nor for Jus Peace. SECTION 3. Any justice of the peace appointed as aforesaid, Misdemeaor residing in the city of Wilmington, who shall willfully and tices of the knowingly issue, contrary to the provisions of this act, any sum- For what. mons or other process against any person living or residing more than four miles from or beyond the incorporated limits of the city aforesaid, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall forfeit and pay a fine of not Fine. less than fifty nor more than one hundred dollars, one-half 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, Forfeiture That nothing in this act shall debar any bona fide resident of the city aforesaid who shall have resided therein for thirty days from bringing action before any justice of the peace aforesaid against any person residing in New Castle County for any action now authorized by law. This act shall take effect from and after its passage. Passed at Dover, March 28, 1879. of office. Proviso. |