CHAPTER 205

RELATING TO FIRE AND POLICE PROTECTION

IN NEW CASTLE COUNTY

AN ACT TO AMEND CHAPTER 19, TITLE 9 OF THE DELAWARE CODE RELATING TO FIRE AND POLICE PROTECTION IN NEW CASTLE COUNTY.

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

Section 1. That § 1903, Chapter 19, Title 9 of the Delaware Code is amended by striking out and repealing all of said section and inserting and enacting in lieu thereof a new § 1903 to read as follows:

§ 1903. County police; appointment, qualifications and term; powers and duties

(a) The Levy Court of New Castle County shall appoint four police from Brandywine Hundred, four police from Christiana Hundred, four police from New Castle Hundred and four police from Mill Creek Hundred, and one policeman from each of the remaining six hundreds in New Castle County. They shall hold office during the pleasure of the Levy Court, and the Levy Court may fill any vacancy or vacancies that may occur from time to time, by resignation, death, removal or by any other cause.

(b) All police appointed under this section shall reside in the respective hundreds from which they are appointed, and shall have resided therein at least one year immediately preceding his or their appointment. Two of the police appointed in each of Brandywine, Christiana, New Castle and Mill Creek Hundreds shall be appointed from each of the chief political parties. Those six appointed from the remaining hundreds shall be three from each of the chief political parties. If any person appointed under this section removes from the place where he is required by law to reside, his office shall thereupon become vacant.

(c) Such police shall have all of the police powers conferred by law upon constables in New Castle County and all of such police may exercise such police powers anywhere in New Castle County. All police appointed under this section shall see that the peace and good order of the State within the aforesaid county be duly kept according to their powers and authority; shall 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 take them before a justice of the peace in the respective hundred where the person is apprehended to be dealt with according to law ; shall 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, may command aid of any of the people of the State; shall duly prevent all bloodsheds, affrays and breaches of the peace; and shall execute all other duties in accordance with the law. Such police shall patrol said hundreds during such hours, under such conditions and in such manner as may be prescribed by the Levy Court of New Castle County.

(c) The police shall be subject to such rules and regulations as the said Levy Court may prescribe, and their compensation shall be fixed by the Levy Court. The Levy Court may expend such sums of money as may be necessary to carry into effect the provisions of this section, such money to be paid out of the General Fund of New Castle County.

Approved June 7, 1955.