CHAPTER 21

CORRECTING ERROR IN TITLE 10, DELAWARE CODE OF 1953, BY PROVIDING FOR SPECIAL CONSTABLES

AN ACT TO CORRECT AN ERROR IN TITLE 10, DELAWARE CODE OF 1953 RELATING TO "COURTS AND JUDICIAL PROCEDURE" BY PROVIDING FOR SPECIAL CONSTABLES.

WHEREAS, Sections 1568, 1569, 1570 and 1572, Revised Code of Delaware of 1935 were omitted from the Delaware Code of 1953; through error, and,

WHEREAS, it was not the intention of the General Assembly that such sections be repealed;

NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Subchapter 1 of Chapter 27, Title 10, Delaware Code of 1953 is amended by adding at the end thereof the following new sections:

§ 2713. Delaware State Hospital; special constable

The Governor may, upon the application of the State Board of Trustees of the Delaware State Hospital at Farnhurst, appoint such persons connected with the hospital, as the trustees may designate, to act as Special Constables for the protection of the property under the control of the trustees and for the preservation of peace and good order in and around the premises of the Delaware State Hospital.

The Governor shall issue to every person so appointed a Commission for the term of five years, unless sooner revoked; and the person so appointed shall, before acting as such Constable, take and subscribe the oath or affirmation prescribed by Article XIV, of the Constitution, and shall cause his commission, with such affidavit endorsed thereon, to be duly recorded in the Recorder's office of the County wherein he resides. Every such Special Constable so commissioned and qualified shall possess and exercise in this State all the authority and powers now conferred on policemen in the City of Wilmington.

The Governor may, at any time, revoke any commission given under this section at his pleasure, and upon the written application of the State Board of Trustees of the Delaware State Hospital at Farnhurst shall revoke such commission; such revocation to be effected by an order in duplicate signed by the Governor, one whereof shall be mailed to the Special Constable at his last known place of residence and the other filed in the Recorder's office where the commission is recorded and noted on the record of such Commission.

The compensation of every such Special Constable shall be wholly paid by the State Board of Trustees of the Delaware State Hospital at Farnhurst.

§ 2714. St. Joseph's Industrial School; special constable

The Governor may appoint a Special Constable for St. Joseph's Industrial School, at Clayton, Kent County, whose duties and powers shall be the same as those possessed by County Constables.

§ 2715. Railroad companies; special constables

The Governor may appoint such number of Special Constables for any railroad company of this State as such company may apply for. Such Constable shall have all the powers of a County Constable, but shall receive no compensation or fees except such as are paid by such railroad company. Such Constables shall not act as deputies of any sheriff or Constable and no sheriff or other officer shall appoint or authorize any person to act as his deputy in making arrests on the property of any railroad company except in cases of riot.

In all cases of arrest by such Special Constables for vagrancy or trespass on the property of a railroad company, the person so arrested, if proven guilty, may be committed to the County jail by any Justice of the Peace for a term of not exceeding five days.

§ 2716. Special constables for certain purposes

The Governor may upon the application of any individual, firm or corporation engaged in carrying on any kind of business in this State, and having an office or place of business in this State, appoint such person, or persons, as the said individual, firm or corporation may recommend or designate to act as Special Constables for the protection of the property belonging to or under the control of such individual, firm or corporation and for the preservation of peace and good order in and about the premises occupied by such individual, firm or corporation.

The Governor shall issue to every person so appointed a commission and the person so appointed shall, before acting as such Special Constable, take and subscribe before any officer authorized by the laws of this State to administer oaths, the oath or affirmation prescribed by Article XIV of the Constitution.

Every such Special Constable shall have the powers of a County Constable, provided that such Special Constable shall have no power or authority to serve any writ or process in any civil action or proceeding.

The Commission of any such Special Constable may at any time be revoked by the Governor at his pleasure, or upon the written application of the individual, firm or corporation at whose instance such Special Constable was appointed.

The compensation of every such Special Constable shall be wholly paid by the individual, firm or corporation at whose instance he was appointed.

Every such Special Constable shall wear, when on duty, a metallic badge with the words "Special Constable", and the name of the person, firm or corporation, at whose instance he was appointed, plainly inscribed thereon.

Section 2. Every person who is duly commissioned under 1568, 1569, 1570 and 1572, Chapter 51, Revised Code of Delaware 1935, as Special Constable of this State be and is hereby recommissioned under this law with full powers as such Constable for the time set forth in his said commission.

Approved March 23, 1953.