Evening journal., 1912-02-22


costs which may have accrued up TO
that time. aud the same shall be taxed
as costs against the accused IN any
Judgment or sequence which may be
pronounced against such accused in
the said Court. provided. nevertheless,
that the said Court shall have power
TO strike off any portion of said costs
which shall be illegal or which he
shall deem unnecessary.
Sec. 1888. Prosecutions in the said
Court shall be by information. with
out indictment by grand jury or trial
by petit jury.
Sec. l39 There shall be an appeal
from said Court TO the Court Of Cen
cral Sessions IN all cases where the
sentence shall be term Of imprison-
ment or fine of fifty dollars or more
provided. the defendant shall within
seven days from the date of such sent
encc, enter into a recognizance with
sufficient surety. in such sum as the
said Court shall determine, with con-
dition to be void If the appellant shall
appear in said Court OF General Ses-
sions and plead TO the information
filed In the case. or make other proper
answer and not depart the said Court
without leave. The said corporation
shall have a like right Of appeal from
said Court in all cases wherein an
ordinance Of tho City shall have been
declared VOID and II shall not be re-
quired 10 enter into any recognizancc.
Tho appeal shall be allowed upon the
filing of a certificate by the City Solicit
tor, within seven days after Judgment
shall have been entered. which shalt
be entered on the record, stating that
in said case an ordinance OF said City
had been declared void, and the cor
poration appeals therefrom Tho
Clerk OF said Court upon the entry Of
such recognizance or filing ~ such
certificate shall forthwith transmit to
the Clerk of the Court Of General ses-
sions in and for New Castle Couoty
copy Of the record, under .hs sr.l
Of he said Court. 20 be filed i'm ihn
said Court OF General Sessions, ana
thcreupon the case shall be proceed
I'd in at the next term of the said
Codrt upon information in like man
ner with like effect as upon an indict-
ment In all cases, proceedings OF
The City Court OF Wilmington shall
be subject to revision by the Superior
Court IN and for New Castle County
upon writs Of certlorari and after it's
Judgment shall be affirmed or reversed.
The City Court Of Wilmington may
proceed to execution. or otherwise, as
shall according to law appertain; pro-
vided, that before the issuing Of such
write Of certiorari, the party applying
Tor the same shall enter into n reeog-
nizance to THE City Of Wilmington"
before, and in a penalty and with
surety TO be approved by. the Pro-
thonotary Of said Superior Court, and
with condition that the said party. so
applying for the same, shall prosecute
said writ with effect. or otherwise
that he will In all things abide the
judgment Of the said Court below II
he shall fail to make his plea good. or
the same be affirmed by the Superior
Court; which recognizance shall be
entered upon the docket succeeding
the entry of the certiorari and shall be
part of the record Of the same
Soc. 140 Upon an information In
the said Court for nuisance (othor
than a nuisance against the public
healthl, affecting the public streets
lanes or alleys of the City. II tho party
against whom the same Is filed shall
by affidavit claim q right OF property
in that part of the street, lane, or
alley, In which the offensc is alleged
to have been committed, either in him
self or those under whom he holds
and shall also aver, In the said afli-
davit. that the said claim OF property
is made in good faith for the purpose
OF defense and not for delay. proceed
ings in said Court shall he stayed, and
the clerk shall forthwith transmit %
/ 80 a. q
sions In and for New Castle County a
copy of the record, undcr the seal 1T
the said Court, TO he filed in the said
Court Of General Sessions. and there
upon the case shall be proceeded IN at
the next term of the said Court OF
/ General Sessions upon Information set
forth in the copy of the said record, IN
like manner with like effect as upon
an Indictment
Sec. 141. Before staying proceedings
under the provisions of the pending
section the said Court shall cause
the party against whom the informa
tion is filed, 10 enter into a recogni-
zance 10 the State Of Delaware to APP
pear in the said Court of General Ses-
sions, at the next term thereof. and
plead TO the said information.
Sec. 1872. Upon failure Of de-
fendant to satisfy any judgment which
may be rendered by the City Court OF
Wilmington against him for the viola.
ton OF an ordinance. IL shall bo within
the discretion Of the said Court &c
commit the defendant to the custody
of the Chief OF Police until tn,
judgment shall be fully satisfied; bui
any person so committed may withir
] un Il
/ any judgment so rendered agains
him 10 the Court Of General Sessions
for New Castle county. Such pcrsoI
I appealing shall enter into rocogni
Z zance with sufficient surety in sucl
I sum as the The City Court Of vii
mingtOn shall determine. conditione
for the due prosecution of the appoa
, and for the payment of any iudgmcn
v which may be rendered In said Cour
! Of General Sessions against the appel
b liant The filing OF a transcript. model
o. Of trial, and forms of proceedings shal
o. be as rs herein prescribed in othe
T casess of appeal from the judgmer
4 Of said Court
' Sec. 143 The said Municipal Judg
/ shall procure or cause TO be procured
a seal for said The City Court OF vii
Z mington with suitable designs; an
( said seal shall be the seal Of sal
! Court until altered or renewed by IN
: Council at the request in writing q
said Municipal Judges
Soc. IA. The fec for the attendanc
I Of a witness in said court shall b
r fifty cents per day. provided. tina
y non-residents Of the city shall be en-
4 titled TO three cents per mile. goin
= and returning. In al other cases an