CHAPTER 324

AN ACT TO AMEND CHAPTER 170, VOLUME 43, LAWS OF DELAWARE, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF LEWES", AS AMENDED, BY INCREASING THE AUTHORITY OF THE MAYOR OF THE TOWN OF LEWES TO IMPOSE FINES, AND AUTHORIZING THE MAYOR OF LEWES TO APPOINT AN ALDERMAN FOR THE TOWN OF LEWES AND ESTABLISHING THE AUTHORITY OF THE ALDERMAN OF THE TOWN OF LEWES.

WHEREAS, Section 4 of said Chapter recites and establishes inter alia, the powers and authority of the Mayor of Lewes; and

WHEREAS, it is deemed to be in the best interest of the Town of Lewes to enlarge upon that power and authority; and

WHEREAS, it is further in the best interest of the Town of Lewes to create the office of Alderman and establish powers, authority and jurisdiction for that office;

Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met (two-thirds of all Members elected to each Branch thereof concurring therein):

Section 1. Section 4, Chapter 170, Volume 43, Laws of Delaware, is hereby amended by striking out the third paragraph thereof, and substituting in lieu thereof the following:

The person elected Mayor of said town shall have, within the limits of said town, and within the limits of the public lands vested in said town, all the powers, authority, jurisdiction, and cognizance of a Justice of the Peace of and over all breaches of the peace and other offenses, the power to arrest and to hold on bail, or fine and imprison all offenders; and of and over all fines, forfeitures and penalties which may be prescribed by any law of the State, or by ordinances of said Commissioners regularly passed, published and established for the government of the said town; and of and over all neglects, omissions or defaults of the town Constables or Bailiffs, Assessors, or Treasurer, or any other person or officer 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; provided that he shall not impose any fine exceeding Five Hundred Dollars ($500.00), nor have jurisdiction in any civil matter, unless such fine exceeding Five Hundred Dollars ($500.00) shall be authorized, or such jurisdiction shall be conferred, by an ordinance, rule or regulation duly adopted by the persons authorized to adopt the same under this Act.

Section 2. Section 4, Chapter 170, Volume 43, Laws of Delaware, is hereby amended by adding the following three paragraphs to said Section 4:

The Mayor may on the first day of his term or as soon thereafter as convenient, appoint some suitable person as Alderman, who may or may not be a Justice of the Peace, and who shall hold office for a term of one year or until his successor shall be appointed or chosen, subject, however, to removal according to the provisions of this Act.

The Commissioners shall procure a suitable record for such Alderman which shall be known as the "Alderman's Docket" upon which his official acts and proceedings shall be entered and kept.

The Mayor may for any reasonable cause, by and with the consent or upon the address of a majority of all the members of the Commission, remove from the office, any person appointed by him or by any of his predecessors. The person against whom the Mayor or the Commission may be about to proceed shall receive five days' notice thereof, accompanied by a statement of the cause alleged for the removal and shall be accorded a full and fair hearing.

Section 3. Chapter 170, Volume 43, Laws of Delaware, is hereby amended by the addition of the following paragraphs which shall be entitled as follows:

ALDERMAN

Before entering upon the duty of his office, he shall be sworn or affirmed by the Mayor to perform the duties of his office, honestly, faithfully and diligently. It shall be his duty to execute all laws enacted for the government of said town and to carry into effect all orders and directions of Town Commissioners made in pursuance of any law of this State or of any ordinance that the said Town Commissioners may legally make or establish.

The person appointed Alderman of said town shall have, concurrently and coextensively with the Mayor of the Town of Lewes, within the limits of the said town, and within the limits of the public lands vested in said town, all the powers, authority, jurisdiction, and cognizance of a Justice of the Peace of and over all breaches of the peace and other offenses, the power to arrest and to hold on bail, or fine and imprison all offenders; and of and over all fines, forfeitures and penalties which may be prescribed by any law of the State, or by ordinances of said Commissioners regularly passed, published and established for the government of the said town; and of and over all neglects, omissions or defaults of the town Constables or Bailiffs, Assessors or Treasurer, or any other person or officers 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; provided that he shall not impose any fine exceeding Five Hundred Dollars ($500.00), nor have jurisdiction in any civil matter, unless such fine exceeding Five Hundred Dollars ($500.00) shall be authorized, or such jurisdiction shall be conferred, by an ordinance, rule or regulation duly adopted by the persons authorized to adopt the same under this Act.

Approved June 22, 1960.