CHAPTER 337

MOTOR VEHICLES - RIGHTS OF APPEAL FROM CONVICTION

AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE OF DELAWARE, 1935, IN REFERENCE TO THE RIGHT OF APPEAL FROM A CONVICTION IN VIOLATION OF PROVISIONS IN CHAPTER 165, AND PROVIDING THAT AN APPEAL SHALL OPERATE AS A STAY AND AS A WAIVER OF THE RIGHT TO CERTIORARI.

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

Section 1. That Chapter 165 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out 5685. Section 147, and inserting in lieu thereof the following paragraph:

5685. Sec. 147. Any person convicted under the provisions of this Chapter shall have the right of an appeal, unless otherwise stated in this Chapter to the Court of General Sessions of the County, upon giving bond in the sum of Five Hundred Dollars ($500.00) to the State with surety satisfactory to the Mayor, Justice of the Peace, or a Judge before whom such person was committed, such appeal to be taken and bond given within fifteen (15) days from the time of conviction. Such appeal shall operate as a stay or supersedes of all proceedings in the Court below in the same manner that a certiorari from the Superior Court now so operates. The taking of such appeal shall constitute a waiver by the appellant of his right to a writ of certiorari in the Superior Court.

Section 2. All Acts, or parts of Acts inconsistent herewith are hereby repealed to the extent of the inconsistency only.

Approved June 5, 1951.