CHAPTER 21

AN ACT TO AMEND TITLE 10, DELAWARE CODE, BY ENACTING A NEW CHAPTER RELATING TO CONSTABLES FOR JUSTICE OF THE PEACE COURTS

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

Section 1. Title 10, Delaware Code, is amended by enacting a new chapter to read:

CHAPTER 28. CONSTABLES FOR JUSTICES OF THE

PEACE

§ 2801. Appointment

The Chief Justice of the Supreme Court, in accordance with the Rules of the Justice of the Peace Courts, shall appoint such numbers of Justice of the Peace Constables as shall be necessary to handle all process of the Justices of the Peace appointed pursuant to chapter 92 of this title.

§ 2802. Political affiliation

No more than a majority of the constables appointed pursuant to this chapter shall belong to the same major political party and the remainder shall belong to the other major political party.

§ 2803. Duties; exclusive authority

(a) The Justices of the Peace constables appointed pursuant to this chapter shall handle all process of the Justices of the Peace appointed pursuant to chapter 92 of this title.

(b) Notwithstanding the provisions of any other law, no constables appointed by any authority in this state shall be authorized to execute orders, warrants and other process directed to him by a Justice of the Peace appointed pursuant to chapter 92 of this title, unless the constable has been appointed pursuant to this chapter.

§ 2804. Salary and term; mileage

(a) Constables appointed pursuant to this chapter shall receive an annual salary of $4,000 and shall serve at the pleasure of the Chief Justice of the Supreme Court.

All monies collected by Justice of the Peace constables for fines, fees or forfeitures, including but not limited to those imposed by chapter 97 of this title, shall be for the use of the State of Delaware.

(b) In addition to his salary, each constable shall be entitled to charge, as additional compensation, mileage at the rate of 10 cents per mile for each mile necessarily traveled by him in the necessary discharge of his duties as constable. The total charge for mileage thus compiled in each case shall be charged as costs in the case and turned over to the constable when collected.

§ 2805. Location and assignment

(a) In the counties of this state there shall be at least the following number of constables:

New Castle 8

Kent 3

Sussex 5

(b) The constables shall be assigned in accordance with the Rules of the Justice of the Peace Courts as promulgated pursuant to Article IV, Section 13, of the Constitution.

§ 2806. Bonds

Every Justice of the Peace constable, before entering upon his office, shall become bound to the State in the sum of $1,000 with corporate surety. The form, terms and approval of such bonds shall be as provided by the Rules of the Justice of the Peace Courts. All such bonds shall be filed in the Office of the Clerk of the Supreme Court.

§ 2807. Residence requirements

Every Justice of the Peace constable appointed pursuant to the provisions of section 2801 of this title, shall reside in the county for which he is appointed and shall have resided there 6 months next preceeding his appointment. If any constable removes from the place where he is required by law to reside, his office shall thereupon become vacant.

§ 2808. Jurisdiction

The jurisdiction of the Justice of the Peace constables appointed under section 2801 of this title, shall extend throughout the State and said constables shall have all the powers and duties recited in section 2723 of this title.

Section 2. There is appropriated the sum of $22,000 to defray the costs of salaries of constables for Justices of the Peace Courts appointed pursuant to Section 1 of this Act for the fiscal year beginning July 1, 1965 and ending June 30, 1966. The funds appropriated hereunder shall be deemed a supplementary appropriation and shall be paid by the State Treasurer out of the general fund from funds not otherwise appropriated therefrom.

Approved March 31, 1965.