CHAPTER 228
General Powers, Duties and Jurisdiction of
AN ACT CONFERRING JURISDICTION OF OFFENSES AGAINST THE GAME AND FISH LAWS OF THIS STATE UPON JUSTICES OF THE PEACE.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of the members of each branch thereof concurring therein):
Section 1. That the Justices of the Peace in this State shall have plenary jurisdiction of all offenses against the Game and Fish laws of this State.
Section 2. That any person charged before a Justice of the Peace with a violation of any of the provisions of the Game and Fish Laws of this State shall have the right to appeal to the Superior. Court for the county wherein the hearing before the Justice of the Peace shall take place. Such appeal shall be allowed by the Justice at any time within fifteen days from the day of giving the judgment and not after, counting the day as one, upon the party entitled to the appeal, or his agent or attorney, praying it and offering sufficient security in such sum as the Justice shall deem sufficient to cover the judgment appealed from and the costs on the appeal. The Justice shall make an entry thereof as follows:
"On the ……………………….. day of ………………….., 19 ……………….,
the said …………………………………….. appeals, and ………………………………………………
becomes surety in the sum of ……………………………………………… , that the said appeal shall be prosecuted with effect, and also that any judgment which shall be rendered against the said ………………………………… or his executors or administrators, upon said appeal, shall be satisfied ;" which entry shall be signed by the sureties or it shall be void. When signed it shall be an obligation of record to the extent of the sum therein expressed, bind sureties and their executors and administrators, jointly and severally, to satisfy any judgment that shall be rendered on the appeal against the party appealing, or his executors or administrators, and if the appeal shall not be duly entered in court, or shall be dismissed, then to satisfy the judgment appealed from with all costs on the appeal. Action of debt may be sustained on such entry before a Justice, if the demand shall not exceed two hundred dollars, or if above that sum in the Superior Court, or if the appeal shall not be entered, or shall be dismissed, execution may be issued against the defendant and surety according to Section 14, Chapter 99, of the Revised Statutes.
Section 3. That all acts or parts of acts in so far as the same are inconsistent with the provisions hereof be and the same are hereby repealed.
Approved April 5, A. D. 1909.