JUSTICES' JURISDICTION IN TREPASS CASES
AN ACT to amend Chapter 122 of the Revised Code of the State of Delaware, relating to Justices' Jurisdiction in Trespass Cases.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 122 of the Revised Code of the State of Delaware, be and the same is hereby amended by striking out 4062 Section 1 thereof and by inserting in lieu thereof the following to be known as 4062 Section 1.
4062. Section 1. DIRECT AND IMMEDIATE INJURIES TO PERSONAL OR REAL PROPERTY; LIMIT OF DAMAGES: Justices of the Peace shall severally, within their respective Counties, have jurisdiction of actions of trespass for direct and immediate injuries in taking or carrying away, destroying, or damaging goods or chattels, and for direct and immediate injuries to real property, when the damages claimed in such action *to not exceed Five Hundred Dollars ($500.00).
Section 2. That Chapter 122 of the Revised Code of the State of Delaware, be and the same is hereby further amended by striking out 4065 Section 4 and by inserting in lieu thereof the following to be known as 4065 Section 4.
4065. Section 4. CLAIM OF FREEHOLD; CERTIFICATION TO SUPERIOR COURT; DOCKET ENTRY: But if, in an action of trespass for an injury to real property, the defendant shall say that the place, wherein the trespass is alleged, is his freehold, or the freehold of anyone under whom he claims, and shall give sufficient security for costs and damages, not exceeding Five Hundred Dollars ($500.00) in amount, the justice shall forth- with, certify the record of the action to the Superior Court, which shall try the same, as other causes in said Court. The entry of the record in Court shall imply an appearance of the parties. The entries before the justice may be as follows:
* So enrolled.
On the day of 19...., the defendant says that the place wherein the trespass is alleged in his freehold (or the freehold of A. B., under whom he claims) and prays that this cause may be tried in the Superior Court; and thereupon C. D. becomes bound to the plaintiff in the sum of that the damages and costs which he may recover in said Court shall be satisfied; which entry shall be signed by the surety, or it shall be void.
Section 3. That Chapter 122 of the Revised Code of the State of Delaware be and the same is hereby further amended by striking out 4065 A Section 5 thereof as the same appears in Chapter 256, Volume 29, Laws of Delaware and by inserting in lieu thereof the following to be known as 4065 A. Section 5.
4065 A. Section 5. REPLEVIN; DETINUE: Justices of the Peace shall severally within their respective counties have concurrent jurisdiction with the Superior Court of actions of replevin and detinue where the value of the property in controversy does not exceed the sum of Five Hundred Dollars ($500.00).
Approved April 14, A. D. 1925.