JUSTICES' JURISDICTION IN TRESPASS CASES
AN ACT to amend Chapter 121 of the Revised Code of the State of Delaware relating to Justices of the peace.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Chapter 121 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out Paragraph 4036, Sec. 33 of said Chapter as amended, and by inserting in lieu thereof a new section to be styled 4036, Sec. 33, as follows:
4036. Sec. 33. DOCKETING OF APPEAL; WHERE; WHEN; HOW; SUMMONS ON; WHEN RETURNABLE; PROCEEDINGS ON APPEAL; WHEN TRIAL HAD; WHO PLAINTIFF ON APPEAL; MUTUAL DEMANDS TRIED ON; AMOUNT OF JUDGMENT UPON:-It shall be the duty of the appellant to have the appeal entered in the Superior Court of the County where the judgment was given, on or before the first day of the term next after the appeal ; and for this purpose, to deliver a duly certified transcript of all the docket entries in the case to the Prothonotary, who shall file the same, after endorsing thereon the day of the receiving the same, and set down the appeal on his docket, with its date, and time of filing the transcript ; and shall issue a summons to the sheriff, or if he is interested, to the coroner, for summoning the respondent to appear and answer the appeal.
The summons, if issued, in vacation, shall be returnable on the first day of the next term; if issued in term time, it shall be returnable forthwith. When the appeal is entered, the Court shall have jurisdiction and take cognizance thereof, and the pleadings and proceedings thereafter shall be as in causes commenced in the said Court; but the trial shall be had at the first term, unless the Court shall, for cause, continue the case. If the judgment appealed from is for a defendant for any sum, he shall be plaintiff in the appeal and file the declaration; and in the appeal each party may make demands against the other, and the jury by their verdict may find a sum either for plaintiff, or defendant, but not for an amount exceeding Five Hundred Dollars, exclusive of interest and costs, unless he shall have claimed more than that sum before the Justice; and judgment shall be rendered accordingly.
Provided that if such judgment is rendered against an appellor, or his executors or administrators, the Prothonotary of said Superior Court shall enter judgment against the surety or sureties or his or their executors or administrators for the same amount as shall be entered against the appellor, or his executors or administrators, and as a part of the same judgment, and such judgment so entered shall from that date become and be a lien on all of the real estate of the surety in the County, in the same manner and as fully as other judgments rendered in said Superior Court are liens, and may be executed and enforced in the same way as other judgments in said Court.
And said surety or his executors or administrators shall be entitled to the remedies provided in Chapter 81 of the Revised Code of the State of Delaware as amended.
Approved April 12, A. D. 1927.