Evening journal., 1899-01-14
EXTEND JURISDICTION
Donahoe's Bill Relative to
Justices of the Peace.
FOR THE TAXPAYERS

SOME TALK or DEPOSING THARP.
A HITCH IN PROSPECT IN THE
SENATE OVER MIR. DENNIsON's
JOINT RESOLUTION ON PRINT
ING.
smn Correspondence Evening Journal
rover. Jan. 13-Someone has sent
10 Representative Donahoe the follow
fng bill. which Will be Of peculiar in
terect to lawyers. magistrates and
law-breakers;
Whereas, Article w. section 30
rage 26, OF the Constitution Of the
s..te of Delaware empowers the Cen
eral Assembly to, by law, give one or
mere justices Of the peace additional
jurisdiction Of certain criminal mat
ters. and such other m,sdemeanors as
r the said General Assembly shah pre-
scribe and
3 where's, Il la but just that the tax
PAYERS of the said state should be re-
lieved Ct the costs Of trial OF petty
criminals such as our present courts
are now compelled to entertain.
BE IT enacted by the Sentae and
House of Representatives Of the State
of Delaware in General Assembly met:
Section /. That AL assaults and
, batteries. keeping without license a
II IntIc house of entertainment, tavern,
inn. ale house, ordinary or victualling
house, retailing or selling without IL
cerhe. or on Sunday from bottle or
. Otherwise. or TO minors, wine. rum,
. brandy. gin. whiskey, hard cider or
spiritu1ue or mixed liquors, contrary
20 law. carrying concealed a deadly
' weapon, disturbing meetings held for
: the purpose of religious worship, nui-
y sances. diecharging firearms in the
u public read. pointing gun or pistol at
another I'm jest or otherwise shall he
punlehed hy the justice Of the peace
:, by a fine not exceeding twenty-five
d do,lars. or imprisoned not exceeding
four months, or both, at the dlscre-
, tion Of the said justice OF the peace.
= Provided That the accused shall
= have the privilege OF trial before three
= referees. who shall decide upon th'
y guilt or innocence Of the said defend
J. ant. and II found guilty, ehal be sen
y tenced by the justice Of the peace
otherwise he shall be discharged
5 Provided. That the justice OF th'
peace shall. at the demand OF the dc
y. fendant, cause to be summoned thre
'i representative citizens. the selection
y OF the said referees shall be at the dis
s. cretion Of the said Justice, and mus
G. be residents Of the county in whic
the office is situate, but should the de
e. fendant not demand the attendance q
le referees then the iuetice shall hea
~ and determine the case In a summar
e, manner. and the costs shall be IN
nt same as in civil suits before referee;
s to be paid by the Levy Court
Section 2. II any person shall, d
the daytime, break and enter into tn
.-, dweliing-house Of another, with inten
to commit larceny; or II any pereO
ID shall enter into the dweliing-house @
ol another by day or night withou
e. breaking the same, with intent q
Id commit larceny, or II any person be
n ing in the dwelling house Of anothe
e. shall commit a larceny or il any per
r. son shall in the daytime break an
q. erter into any warehouse store, OF
v fee. shop, or clubhouse. OF another
edl wherein money, goods, poultry, ami
muls. or other things, being the sub
te ject OF larceny. are kept or deposited
r. with intent TO commit larceny
o. whether in either case the intent b
" executed or not; and also II any per
Il, son shall at any time, take remoy
ed from, or deprive another Of any al
a tic.e the subject Of larceny, he, she O
they, and every such person shall b
tried before the justice Of the paacl
who shall hear and determine IN
10 guit or innocence Of the person, q
y, persons accrsed, and II up3n the ev
~ dence the eaid party accused shoul
e be found guilty. he. the said party al
nc cTsed, shall be eentenced by the sal
~ juctice of the peace. to a term IN tt
~ county prison, not exceeding iot
ue months. shall stand one hour in tf
u pincry. shall be whipped with M
o.. more than twenty lashes, the sal
1t punishment 10 be governed at the el'
en- crcrton os the justice Of the peace, t'
~ should the said justice decide the cai
~ to be Of an aggravated nature, the
IL and in that case the said justice sha
ne hold the accused for trial al the Cou
CT General Sessions.
Provided, That in all cases the d
on fendhnt shall upon demand have q
a privilege Of trial before referees,
ng in the foregoing section, and after d
la. cision rendered by the said referee
est there shall be no appeal, or from q
int decision Of the magistrate there shi
red be no appeal. except that the defen
er ant shall enter into a recognizan
il with freehold security (such secur.
III being subject to the rejection, or a
ceptance Of the justice) that in eve
OF conviction upon the said appe
oto that he, the said defendant. shall p
, a az costs accruing from and includi
,at the fret trial before the justice, a
roc those accruing by reason Of the q
oet peal that he win prosecute the q
oro peal at the succeeding term OF cou
tbe and that the payment Of the ccl
md shall be i'm addiiion to the penalty
tbe nicted at the first trial.
Section 3. That all justices OF I
peace granted the above and Will
jurisdiction shall provide a room,
the the private use of the referees