CHAPTER 308

MIDDLETOWN

AN ACT TO AMEND "AN ACT TO RE-INCORPORATE THE TOWN OF MIDDLETOWN" AND RELATING TO THE DUTIES AND POWERS OF THE ALDERMAN, AND THE JAIL OF SAID TOWN.

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

Section 1. Chapter 128, Volume 33, Laws of Delaware, is amended by striking out all of Section 17 and inserting in lieu thereof a new Section 17 which shall be as follows:

Section 17. DUTIES AND POWERS OF ALDERMAN. It shall be the duty of the Alderman to execute all laws and ordinances enacted for the government of The Town of Middletown and to carry into effect all proper orders and instructions of the Town Council made in pursuance of this Act or any law of the State of Delaware, or in pursuance of any ordinance that Council may legally make and establish. He shall have all powers and jurisdiction of a Justice of the Peace within the said Town and shall have jurisdiction and cognizance of all breaches of the peace or other offenses in said Town so far as to arrest and hold to bail or fine or imprison offenders, or both; also of all forfeitures and penalties which may be prescribed by any law of the State of Delaware or by any ordinance of Council duly passed and established for the government of said Town; and also of all neglect, omissions or defaults of any Town Constable, member of the Board of Assessment, Treasurer or any other officer or person whose duty it may be to collect, receive, pay over or account for any money belonging to said Town or to execute or obey any law or ordinance thereof. It shall be the duty of said Alderman upon complaint made before him of any infraction or violation of any ordinance enacted by said Council to issue his warrant to any one or more of the police force in said Town or the County Police or the County Constable residing therein commanding him to bring before the Alderman for trial the person or persons so accused, and if found guilty to impose such fines and penalties as shall be fixed by Council by ordinance. The fees of the Alderman for any service under this Section shall be the same as those established by law for a Justice of the Peace for the like service and for any service or duty for which no fee may be provided by the laws of Delaware, the fee may be established by ordinance or resolution of the Town Council. If the Alderman shall resign, remove from the said Town or be disqualified as herein otherwise provided or shall not be re-elected to office, he shall deliver to his successor in office, within two days after the appointment or election of such successor, all books, papers and other records belonging to his office and shall pay over to the Treasurer of the Town all moneys in his hands belonging to the Town within five days after his resignation, or removal from the Town, disqualification or end of his term, as the case may be. Upon his neglect or failure to deliver said books and records as aforesaid, or to pay over to the Treasurer of the Town all moneys belonging to the Town as aforesaid, or both, he shall be deemed guilty of a misdemeanor and, upon conviction thereof by indictment, shall be fined not less than Two Hundred Dollars ($200.00), nor more than Two Thousand Dollars ($2,000.00).

The Alderman shall, at the first regular meeting of Council in each month, report to Council all fines imposed by him during the preceding month and on the same day pay to the Treasurer of The Town of Middletown all such fines, penalties and all money in his hands belonging to said Town, and received by him during said time, and upon default in making such report, or paying over such fines and penalties, for a period of twenty days after such report is to be made as aforesaid or such fines and penalties and other moneys belonging to said Town are to be paid as aforesaid, he shall be deemed guilty of a misdemeanor and, upon conviction thereof by indictment, shall be fined not less than Two Hundred Dollars ($200.00) nor more than Two Thousand Dollars ($2,000.00).

Section 2. Further amend Chapter 128, Volume 33, Laws of Delaware, by adding thereto a new section which shall be Section 27 of said Chapter and Volume.

tarn in said Town a suitable place as a prison or jail and any justice of the peace or the Alderman of the said Town acting under the provisions of this act or carrying into execution any judgment or sentence pronounced under its authority or the authority of any ordinance or resolution adopted by virtue of the powers herein conferred may commit to said prison or jail, and for want of said suitable prison or jail or in the event it is deemed best for any reason in the discretion of the Alderman or justice of the peace, to the New Castle County Correctional Institution and Council shall have power to pay and shall pay to such person or body as is or may be hereafter named by law to receive the same such sums of money as is proper and lawful for the keeping of such Town of Middletown prisoners in said New Castle County Correctional Institution.

Approved January 27, 1958.