CHAPTER 255

MILFORD

AN ACT TO AMEND CHAPTER 162, VOLUME 37, LAWS OF DELAWARE ENTITLED "AN ACT CHANGING THE NAME OF THE TOWN OF MILFORD', TO 'THE CITY OF MILFORD' AND ESTABLISHING A CHARTER THEREFOR, RELATING TO THE POWERS, DUTIES AND JURISDICTION OF THE ALDERMAN AND FINES, TERMS OF IMPRISONMENT FOR VIOLATION OF ORDINANCE OR LAW".

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

Section 1. That Chapter 162, Volume 37, Laws of Delaware be and the same is hereby amended by striking out of the first paragraph of the subsection marked (h) of Section 11 of said Act and by substituting in lieu thereof the following:

(h) The alderman shall be a resident of the City of Milford and shall have his office at some convenient place within the limits of the City. He shall be sworn or affirmed to perform the duties of his office with fidelity. In the event of his absence from the City or, if for any cause he shall be unable to perform the duties of his office, the Council is authorized to appoint an acting alderman with the same powers, jurisdiction and authority.

He shall have all of the powers of a Justice of the Peace within the City, with jurisdiction over and cognizance of all breaches of the peace and other violations of Ordinances of the City or Laws of the State of Delaware; to arrest and hold to bail; to imprison offenders, and to impose and enforce fines, forfeitures and penalties as may be prescribed by Ordinance of the City or Law of the State of Delaware.

He shall also have jurisdiction over and cognizance of all neglects, omissions and defaults of any member of the police force or other City Officer, agent or employee.

The jail of either Kent or Sussex County may be used for the imprisonment of offenders under the provisions of this Charter, provided that the Council shall pay the expense of imprisonment of offenders committed for violations of ordinances which are not violations of the general law of the State.

Section 2. That Section 31 of said Chapter 162, Volume 37, Laws of Delaware be amended by striking out said Section and inserting in lieu thereof the following:

Section 31. No fine shall be imposed in a sum exceeding One Hundred Dollars ($100.00) exclusive of costs, and no term of imprisonment shall be imposed for violation of any rule, regulation or ordinance or other offense, or for failure to pay any fine or penalty imposed, in excess of a period of thirty days; provided that for violation of any Ordinance which is also a violation of any law of the State, the fine, forfeiture, penalty or term of imprisonment shall be that which is imposed by law of the State.

Approved July 22, 1957.