CHAPTER 310

NEW CASTLE COUNTY LEVY COURT

RELATING TO CONSTABLES AND ADDITIONAL POLICE

FOR NEW CASTLE HUNDRED

AN ACT TO AMEND CHAPTER 51 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO CONSTABLES AND PROVIDING FOR ADDITIONAL POLICE FOR NEW CASTLE HUNDRED.

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

Section 1. That paragraph (10), of 1565. Sec. 2. of Chapter 51, of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended to read as follows, to-wit:

(10) The Levy Court of New Castle County shall appoint four Police for Brandywine Hundred and four Police for Christiana Hundred and four Police for New Castle Hundred. They shall be appointed in the month of May A. D., 1949, and shall hold office during the pleasure of the said Levy Court, and the said Levy Court shall have full authority to fill any vacancy or vacancies that may occur from time to time, by resignation, death or removal or by any other cause. All Police appointed under the provisions of this paragraph must reside in the respective Hundreds for which they are appointed, and must have resided therein at least one year immediately preceding his or their appointment. Two of the said Police so appointed in each Hundred, as aforesaid, shall be appointed from one of the chief political parties and two of the said Police, so appointed in each Hundred, as aforesaid, shall be appointed from the other chief political party. If any person appointed by virtue of this paragraph shall remove from the place where he is required by law to reside, his office shall thereupon become vacant. Such Police shall have all of the police powers that are now conferred by law upon Constables in New Castle County, and it shall be the duty of all Police appointed under the provisions of this paragraph to see that the peace and good order of the State within

the aforesaid Hundreds be duly kept according to their respective powers and authority; to arrest all persons who shall in their or either of their presence commit any riot, affray, or other breach of peace, or who shall be riotously assembled, and carry them before a Justice of the Peace in the respective Hundreds aforesaid to be dealt with according to law; to use diligence in arresting murderers, thieves and other felons, and disturbers of the peace, and in case of resistance to their or either of their authority, or other case of necessity, they may command aid of any of the people of the State; to duly prevent all bloodsheds, affrays and breaches of the peace; and to execute all other duties in accordance with the law. Such Police shall patrol said Hundred in shifts of two Police in the day-time and two Police in the night-time in their respective Hundreds, and during such hours, under such conditions and in such manner as may be prescribed by the Levy Court of New Castle County. The said Police shall be subject to such rules and regulations as the said Levy Court may prescribe, and their compensation shall be fixed by the said Levy Court. The said Levy Court is authorized to expend such sums of money as may be necessary to carry into effect the provisions of this paragraph, the said money to be paid out of the General Fund of New Castle County.

In New Castle Hundred the officers hereby authorized to be appointed shall be stationed at such points in the morning and afternoon, along highways, streets or roads in said Hundred where school children cross from one side to the other side of said highways, streets or roads, at or near school houses in going to and returning from school.

Approved June 29, 1949.