CHAPTER 213 - JAILS AND WORKHOUSES

AN ACT TO AMEND CHAPTER 101 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO JAILS AND WORKHOUSES, BY GRANTING CERTAIN COURTS DISCRETIONARY POWER TO SENTENCE AND COMMIT PRISONERS FROM KENT COUNTY TO THE NEW CASTLE COUNTY WORKHOUSE.

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

Section 1. That Chapter 101 of the Revised Code of the State of Delaware, 1935, be and the same is hereby amended by striking out 4144, Section 27, thereof and by substituting in lieu thereof the following:

4144, Section 27. Prisoners Shall Be Received In Workhouse; Corporal Punishments There Inflicted:—All persons convicted, in New Castle County, of offenses against the laws of this State and sentenced to a term of imprisonment shall be imprisoned in the New Castle County Workhouse and held pursuant to this Chapter and other Statutes relating thereto. All persons that may be sentenced or committed by any court or magistrate in New Castle County shall be delivered, by the officer having them in charge, to the Warden of said Workhouse or to the person authorized by said Board to receive them.

All judgments or sentences considered and imposed by any court or magistrate sitting in and for New Castle County, upon every person convicted of any crime or misdemeanor, which judgments or sentences shall include, in whole or in part, either the corporal punishment of such convict or the hanging of such convict, shall be carried out and executed by the Board of Trustees of the New Castle County Workhouse, by and through their keepers, officers, agents and servants, and not otherwise.

All persons convicted in Sussex County of offenses against the laws of this State and sentenced to a term of imprisonment of ten years or less shall be committed to the custody of the Sheriff of Sussex County and imprisoned in the Sussex County Jail for carrying into effect sentences imposed.

At every term of the Court of General Sessions and at every Court of Oyer and Terminer held in Sussex County, all prisoners, that may be sentenced or committed by said Courts for a term of more than ten (10) years, may, in the discretion of said Court be committed to the custody of the Board of Trustees of the New Castle County Workhouse for carrying into effect sentences imposed.

At every term of the Court of General Sessions and at every Court of Oyer and Terminer held in Kent County, all prisoners, that may be sentenced or committed by said Courts, may, in the discretion of said Court be committed to the custody of the Board of Trustees of the New Castle County Workhouse for carrying into effect sentences imposed.

The Levy Court of Kent County and the Levy Court of Sussex County shall pay for the support and maintenance of the prisoners committed from each of said Counties as by law provided. All the statutory provisions, relating to said New Castle County Workhouse, shall apply to the prisoners sentenced and committed as aforesaid, and said prisoners shall be subject to all the conditions which apply to persons committed to said workhouse from New Castle County.

Approved April 8, 1941.