Delaware General Assembly


CHAPTER 510

AN ACT TO AMEND TITLE 11, DELAWARE CODE, SUBCHAPTER XV, BY GIVING JUSTICES OF THE PEACE POWER TO PUNISH FOR CONTEMPT.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each house thereof concurring therein):

Section 1. Title 11, Delaware Code, Chapter 3, is amended by striking Section 451 and Section 452 in its entirety and inserting in lieu thereof a new Section 451 to read as follows:

§ 451. Power of Justice of the Peace to Punish

A justice of the peace shall have the power to punish by fine not exceeding $100, or by imprisonment not to exceed one month, such contempt of his authority as —

(1) Misbehavior of any person in the presence of his court or so near thereto as to obstruct the administration of justice;

(2) Obstruction by any person of any officer while executing any of the justice's lawful writs or warrants;

(3) Willful refusal to pay a fine and/or costs by one who has apparent means to do so.

Approved June 5, 1970.