CHAPTER 58

RELATING TO JUSTICES OF THE PEACE

AN ACT TO AMEND CHAPTER 59, TITLE 11, DELAWARE CODE, RELATING TO JUSTICES OF THE PEACE, BY REQUIRING NOTICE OF THE RIGHT TO BE TRIED IN THE COURT OF COMMON PLEAS IN SUSSEX COUNTY AS WELL AS NEW CASTLE AND KENT COUNTIES.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each House concurring therein):

Section 1. § 5901, Chapter 59, Title 11, Delaware Code, is hereby amended by striking out said section and inserting in lieu thereof the following:

§ 5901. Advising accused of right to trial by Court of Common Pleas

In all criminal cases in New Castle, Kent, and Sussex Counties where a justice of the peace has jurisdiction to hear and determine the matter and the accused has the right to elect to have the case tried by the Court of Common Pleas of such county, every justice of the peace and the officer making the arrest shall advise such accused of his right so to elect, and every officer making an arrest and every justice of the peace is required so to advise the accused before the justice of the peace shall have jurisdiction to try the case.

Approved April 27, 1955.