reglab/housing_qa huggingface dataset:
10 DE Code § 2702. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 27. Constables|§ 2702. Board of Examiners.

§ 2702. Board of Examiners. (a) The Board of Examiners shall consist of 5 individuals: The Superintendent of the Delaware State Police or the Superintendent's designee; the Director of Public Safety of the New Castle County Police or the Director's designee; the Attorney General or the Attorney General's designee; a representative from the Chiefs of Police Council; and a representative from the American Society of Industrial Security. (b) The Board of Examiners shall be responsible for reviewing applications for constables, and shall satisfy itself that the applicants meet all the established requirements. The Board of Examiners shall be responsible for establishing such other general qualifications of applicants as the Board deems necessary. The Board of Examiners may conduct such further inquiry and investigation as it deems proper in order to satisfy itself of the good character, competency and integrity of the applicants. (c) The Board of Examiners shall conduct an examination of an applicant's criminal history. A conviction for a felony in Delaware or elsewhere is an automatic grounds for disapproval of an application. The Board of Examiners shall review any misdemeanor convictions, and the Board may, in its discretion, disapprove of an application on the basis of such misdemeanor convictions. (d) The Board of Examiners may establish a reasonable application fee. (e) After the review process is completed, the Board of Examiners shall appoint and commission those applicants who have, as determined by the Board of Examiners, satisfied the requirements of this chapter and who are otherwise qualified to serve as constables. 65 Del. Laws, c. 433, §  1;  67 Del. Laws, c. 351, §  2;  70 Del. Laws, c. 186, §  1;
10 DE Code § 2703. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 27. Constables|§ 2703. Qualification and training.

§ 2703. Qualification and training. (a) A constable must be 21 years of age or older. (b) To be approved by the Board of Examiners, a constable applicant shall meet the minimum standards established by the Board and shall participate in such other training as the Board requires. (c) The Board of Examiners may require commissioned constables to receive such additional training or education as it deems necessary. (d) Constables appointed before the effective date of this law shall, during the remainder of their term, meet all requirements related to firearms training, as set forth in subsection (e) of this section, and all requirements related to additional training as set forth in subsection (c) of this section. In order for such a constable to be eligible for renewal of commission, the constable must meet the requirements set forth in subsection (b) of this section. (e) After appointment, the Board of Examiners shall determine, based on the constable's duties and employment, whether a constable shall be permitted to carry firearms while on duty as a constable. The Board of Examiners shall establish standards and requirements of firearms training and training in the use of deadly force for those constables permitted by the Board to carry firearms while on duty. Any constable not so trained is prohibited from carrying a firearm while on duty. (f) No constable shall be appointed for the benefit of any person, firm, corporation, civic association or governmental entity except upon a showing to the Board of Examiners that the proposed appointment will be in aid and relief of public law-enforcement or police agencies and is necessary to protect life and property in circumstances where public law-enforcement or police agencies are unable to assist. (g) No person shall be commissioned as a constable unless that person submits, to the State Bureau of Identification, their name, Social Security number, age, race, sex, date of birth, height, weight, hair and eye color, address of legal residence and the provision of such other information as may be necessary to obtain a report of the person's entire criminal history record from the State Bureau of Identification and a report of the person's entire federal criminal history pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544. (h) No sheriff or deputy sheriff shall be commissioned as a constable for the benefit of the sheriff's office or the government of a county unless a request has been made by resolution of the appropriate county council or Levy Court for such sheriff or deputy sheriff to be commissioned as a constable. 65 Del. Laws, c. 433, §  1;  67 Del. Laws, c. 351, §§  3, 4;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 372, §  1;  77 Del. Laws, c. 139, §  1;  78 Del. Laws, c. 266, §  23;
10 DE Code § 2704. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 27. Constables|§ 2704. Term of office; discharge [For application of this section, see 79 Del. Laws, c. 370, § 2].

§ 2704. Term of office; discharge [For application of this section, see 79 Del. Laws, c. 370, § 2]. (a) The term of office for constables shall be 2 years. Those constables appointed prior to July 13, 1990, shall have their commissions reviewed by the Board of Examiners within 1 year of July 13, 1990, and after review may be discharged by the Board for cause prior to the expiration of their term. A constable, including one appointed before July 13, 1990, may be discharged by the Board for cause prior to the expiration of the term. The Board of Examiners shall establish procedures for notification to the appropriate persons and authorities of its discharge of a constable. For the purposes of this section, “cause” shall mean:  (1) Conviction of a crime involving moral turpitude; (2) Conviction of a felony; (3) A finding by the Board that an individual used fraud or deceit in obtaining a constable's commission; or (4) Gross negligence or incompetence in performing a constable's duties. (b) It shall be the duty of the constable to notify the Board of Examiners immediately if the constable's employment with the individual, firm, corporation, civic association or governmental entity at whose instance the constable was appointed is terminated. It shall also be the duty of the individual, firm, corporation, civic association or governmental entity to notify the Board of Examiners immediately if a constable in their employ is terminated, and such individual performed duties as a constable during and as part of the employment. Code 1852, §  623;  Code 1915, §  1408;  33 Del. Laws, c. 89, §  1;  40 Del. Laws, c. 138, §  1;  Code 1935, §§  1565, 1567, 1575;  10 Del. C. 1953, §  2710;  50 Del. Laws, c. 36, §  1;  55 Del. Laws, c. 85, §  32S;  65 Del. Laws, c. 433, §  1;  67 Del. Laws, c. 351, §  5;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 370, §  1;
10 DE Code § 2705. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 27. Constables|§ 2705. Powers and duties.

§ 2705. Powers and duties. The constable shall:  (1) Protect life and property, and preserve peace and good order, while in the performance of the lawful duties of the employment; (2) Exercise the same powers as peace officers and law-enforcement officers, in order to protect life and property, while in the performance of the lawful duties of the employment; (3) Execute all lawful orders, warrants and other process directed to the constable by any court or judge of this State; however, a constable shall only have such power and duty if the Board of Examiners, upon review, determine that the constable may exercise such duty or power; (4) As part of duty, and in the exercise of the constable's lawful authority, notify the full service police agency which has primary law-enforcement jurisdiction in every instance in which the constable makes a custodial detention, an arrest, a search of a person or place, or when the occurrence of a criminal act is reported to the constable. It shall be the responsibility of the full service police agency to undertake any necessary investigation and to comply with the reporting demands of the State Bureau of Identification. For purposes of this paragraph, “full service police agency” shall mean a police force or other law-enforcement agency of the State, county or municipality which is responsible for the prevention and detection of crime and the enforcement of the laws of this State and its governmental units. Code 1852, §  630;  12 Del. Laws, c. 86;  15 Del. Laws, c. 443;  Code 1915, §§  1398, 1412;  33 Del. Laws, c. 89, §  3;  Code 1935, §§  1565, 1579;  10 Del. C. 1953, §§  2723, 2724;  65 Del. Laws, c. 433, §  1;  67 Del. Laws, c. 351, §  6;  70 Del. Laws, c. 186, §  1;
10 DE Code § 2706. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 27. Constables|§ 2706. Jurisdiction.

§ 2706. Jurisdiction. Except as otherwise provided by law or limited by the Board of Examiners, the jurisdiction of each constable appointed pursuant to this chapter will extend throughout the State. Code 1852, §  630;  12 Del. Laws, c. 86;  Code 1915, §§  1398A, 1412;  33 Del. Laws, c. 89, §  3;  35 Del. Laws, c. 78, §  1;  Code 1935, §§  1565, 1579;  10 Del. C. 1953, §§  2721, 2722;  55 Del. Laws, c. 85, §  32Q;  65 Del. Laws, c. 433, §  1;
10 DE Code § 2707. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 27. Constables|§ 2707. Oath.

§ 2707. Oath. Upon appointment, the Board of Examiners shall issue to each constable a commission and the constable so appointed shall, before acting or performing duties as a constable, take and subscribe, before any officer authorized by the laws of this State to administer oaths, the oaths or affirmation prescribed by article XIV of the Constitution of Delaware. 65 Del. Laws, c. 433, §  1;  67 Del. Laws, c. 351, §  7;
10 DE Code § 2708. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 27. Constables|§ 2708. Compensation.

§ 2708. Compensation. The compensation of every constable shall be wholly paid by the individual, firm, corporation or civic association at whose instance the constable was appointed, unless the constable is employed by a governmental entity, in which case that governmental entity will be responsible for the constable's compensation. 65 Del. Laws, c. 433, §  1;  70 Del. Laws, c. 186, §  1;
10 DE Code § 2709. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 27. Constables|§ 2709. Badges.

§ 2709. Badges. (a) Every person holding the office of constable shall have and display on proper demand a badge, approved by the Board of Examiners, with the word “constable” engraved thereon. A constable shall have and display such badge only while on duty and while in the performance of the lawful duties of employment. The name of the person, firm, corporation, civic association or governmental entity at whose instance the constable was appointed shall be plainly inscribed on such badge. (b) Whoever violates this section shall be fined not more than $100. The justices of the peace of the respective counties shall have jurisdiction of offenses under this section. A constable found violating this section shall notify the Board of Examiners in writing within 10 days. The Board of Examiners shall review the violation and determine whether the constable should be discharged. A failure to notify the Board of Examiners of a violation within 20 days shall be sufficient ground to revoke constable status. 22 Del. Laws, c. 78, §§  1, 2;  Code 1915, §  1417;  Code 1935, §  1583;  10 Del. C. 1953, §  2727;  65 Del. Laws, c. 433, §  1;  70 Del. Laws, c. 186, §  1;
10 DE Code § 2710. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 27. Constables|§ 2710. Exclusion from coverage.

§ 2710. Exclusion from coverage. Constables appointed pursuant to this chapter or any other chapter are not covered by the provisions of Chapter 92 of Title 11, Law-Enforcement Officers' Bill of Rights. 65 Del. Laws, c. 433, §  1;
10 DE Code § 2801. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 28. Justice of the Peace Constables|§ 2801. Appointment.

§ 2801. Appointment. The Chief Magistrate of the Justice of the Peace Court system, or, if there is a vacancy in the office of Chief Magistrate, the Chief Justice of the Supreme Court, shall appoint such numbers of justice of the peace constables as shall be necessary to handle all process of the justices of the peace appointed pursuant to Chapter 92 of this title. 10 Del. C. 1953, §  2801;  55 Del. Laws, c. 21;  64 Del. Laws, c. 271, §  1;  65 Del. Laws, c. 411, §  1;
10 DE Code § 2802. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 28. Justice of the Peace Constables|§ 2802. Duties; exclusive authority.

§ 2802. Duties; exclusive authority. (a) The justice of the peace constables appointed pursuant to this chapter shall handle the process of the justices of the peace appointed pursuant to Chapter 92 of this title. (b) Notwithstanding any other law, no constables appointed by any authority in this State shall be authorized to execute orders, warrants and other process directed to the constable by a justice of the peace pursuant to Chapter 92 of this title, unless the constable has been appointed pursuant to this chapter. (c) Notwithstanding any other law, a justice of the peace constable appointed pursuant to this chapter shall have the authority to undertake the following duties:  (1) Execute all lawful orders, warrants and other process directed to the constable by a justice of the peace; (2) Execute all writs of possession issued pursuant to § 5715 of Title 25 directed to the constable by a justice of the peace; (3) Execute on all civil judgments directed to the constable by a justice of the peace; (4) Serve all civil summonses directed to the constable by a justice of the peace; (5) Serve all subpoenas directed to the constable by a justice of the peace; (6) Transport all detentioners or convicted offenders to any Department of Correction facility pursuant to a commitment order directed to the constable by a justice of the peace; (7) Execute on all capiases directed to the constable by a justice of the peace and issued by a justice of the peace; (8) Conduct Justice of the Peace Court judicial levies and sales directed to the constable by a justice of the peace; (9) Maintain the security and order in any Justice of the Peace Court and arrest all persons who shall commit any breach of the peace or contempt in said Court; and (10) Perform any other related law-enforcement function required to maintain the dignity, integrity and security of the Justice of the Peace Court system.10 Del. C. 1953, §  2803;  55 Del. Laws, c. 21;  65 Del. Laws, c. 411, §  1;  70 Del. Laws, c. 232, §  1;  70 Del. Laws, c. 186, §  1;
10 DE Code § 2803. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 28. Justice of the Peace Constables|§ 2803. Salary and term; mileage.

§ 2803. Salary and term; mileage. (a) (1) Justice of the peace constables appointed pursuant to this chapter shall be subject to all the rules and regulations as delineated in Chapter 59 of Title 29 dealing with merit system administration and shall be compensated in accordance with the State's uniform pay plan. (2) All moneys collected by justice of the peace constables for fines, costs, fees or forfeitures shall be for the use of the State, except where otherwise directed by law. (b) In addition to a salary, each justice of the peace constable shall be entitled to receive mileage at the rate of 25 cents per mile for each mile necessarily travelled in the necessary discharge of duties as constable. Each justice of the peace constable, on the last day of each month, shall present to the State Treasurer an itemized and verified account of all mileage fees incurred as aforesaid, and the State Treasurer shall pay the amount thereof to the constable. The total charge for mileage thus compiled in each case shall be charged as costs in the case and when collected shall be paid to the State Treasurer. 10 Del. C. 1953, §  2804;  55 Del. Laws, c. 21;  55 Del. Laws, c. 285;  56 Del. Laws, c. 176;  57 Del. Laws, c. 577;  59 Del. Laws, c. 329, §  1;  64 Del. Laws, c. 334, §  63(b);  65 Del. Laws, c. 411, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 132, §  38(b);
10 DE Code § 2804. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 28. Justice of the Peace Constables|§ 2804. Location.

§ 2804. Location. In the counties of this State there shall be at least the following number of justice of the peace constables:  New Castle  16 Kent  5 Sussex  7 10 Del. C. 1953, §  2805;  55 Del. Laws, c. 21;  65 Del. Laws, c. 411, §  1;
10 DE Code § 2805. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 28. Justice of the Peace Constables|§ 2805. Residence requirement.

§ 2805. Residence requirement. Every justice of the peace constable appointed pursuant to this chapter shall reside within the State. If the constable removes from the State, the office shall thereupon become vacant. 10 Del. C. 1953, §  2807;  55 Del. Laws, c. 21;  65 Del. Laws, c. 411, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 161, §  1;
10 DE Code § 2806. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 28. Justice of the Peace Constables|§ 2806. Training.

§ 2806. Training. Every justice of the peace constable appointed pursuant to this chapter shall receive annual firearms training and training in the use of deadly force. Any justice of the peace constable not so trained is prohibited from carrying a firearm while on duty. In addition, justice of the peace constables shall receive annually such other training as is deemed appropriate by the Chief Magistrate. In all cases, however, a justice of the peace constable must meet the minimum standards established by the Council on Police Training for part-time police officers or the equivalent thereof approved by the Board. 65 Del. Laws, c. 411, §  1;
10 DE Code § 2807. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 28. Justice of the Peace Constables|§ 2807. Prohibited activities and employments.

§ 2807. Prohibited activities and employments. A justice of the peace constable appointed pursuant to this chapter shall not receive any other fees or emoluments for discharging judicial duties, except as may otherwise be provided by law, or engage in any occupation concerned with or growing out of the collection of any judgment rendered by a justice, or engage in the private security business under Chapter 12 or Chapter 13 of Title 24 or hold any state office, or be employed by the State in any other capacity. 65 Del. Laws, c. 411, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 425, § 4;
10 DE Code § 2808. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 28. Justice of the Peace Constables|§ 2808. Jurisdiction.

§ 2808. Jurisdiction. The jurisdiction of the justice of the peace constables appointed pursuant to this chapter shall extend throughout the State. 10 Del. C. 1953, §  2808;  55 Del. Laws, c. 21;  65 Del. Laws, c. 411, §  1;
10 DE Code § 2901. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 29. Code Enforcement and Animal Welfare Officers|§ 2901. Appointment.

§ 2901. Appointment. The chief executive officer of any county or municipal corporation, or the Housing Director, in the case of the enforcement of the State Housing Code contained in Chapter 41 of Title 31, may appoint and employ such numbers of code enforcement constables as shall be necessary to enforce all ordinances pertaining to building, housing, sanitation, or public health codes. 65 Del. Laws, c. 364, §  1;  67 Del. Laws, c. 386, §  17;  77 Del. Laws, c. 251, §§  2, 3;  80 Del. Laws, c. 248, § 7;
10 DE Code § 2902. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 29. Code Enforcement and Animal Welfare Officers|§ 2902. Duties; limited authority.

§ 2902. Duties; limited authority. (a) The code enforcement constables appointed pursuant to this chapter may enforce only those codes and ordinances pertaining to building, housing, sanitation, zoning, or public health. (b) Notwithstanding any other law, a code enforcement constable appointed pursuant to this chapter shall not have jurisdiction outside the limits of the county or municipal corporation employing such constable. Provided, however, that a code enforcement constable appointed by the Housing Director shall have jurisdiction throughout the State to enforce the provisions of the State Housing Code in a county or municipality which has not adopted and/or undertaken to enforce the State Housing Code after July 12, 1988. In addition to the other powers set forth herein, such housing code enforcement constables may impose a voluntary assessment of $100 in cases involving first offenders of the State Housing Code. (c) Code enforcement constables appointed pursuant to this chapter shall not be permitted to carry firearms while on duty as such. (d) Notwithstanding any other law, a code enforcement constable may lawfully issue a summons to any person the constable has reasonable grounds to believe has committed an offense against any ordinance pertaining to building, housing, sanitation, animal control, zoning, or public health code of the county or municipal corporation by whom the constable is employed, directing the person to appear before a court having jurisdiction over such offense whether or not the offense was committed in the constable's presence. (e) Any summons issued by a housing official with constable powers may, in cases involving first offenders, provide that in lieu of appearing in court, the offender may remit a voluntary assessment of $100. (f) Any summons issued by a New Castle County code enforcement constable may provide that, in lieu of appearing in court, the offender may correct the offense and remit a voluntary assessment of up to $200 for each offense against any ordinance pertaining to building, housing, sanitation, zoning or public health code of New Castle County. The summons may provide that each day such violation continues shall constitute a separate offense. 65 Del. Laws, c. 364, §  1;  66 Del. Laws, c. 218, §§  1, 2;  67 Del. Laws, c. 386, §§  18, 19;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 212, §  1;  77 Del. Laws, c. 251, §§  4-6;  80 Del. Laws, c. 248, § 8;
10 DE Code § 2902A. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 29. Code Enforcement and Animal Welfare Officers|§ 2902A. Prohibition against the issuance of a search warrant where probable cause does not exist.

§ 2902A. Prohibition against the issuance of a search warrant where probable cause does not exist. Notwithstanding any state or local law, statute, ordinance or regulation to the contrary, no warrant to search any house, building, structure, place, conveyance or thing located in Sussex County shall be issued except upon probable cause supported by oath or affirmation as required by article I, § 6 of the Delaware Constitution of 1897. 71 Del. Laws, c. 262, §  1;
10 DE Code § 3101. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 31. Process; Commencement of Actions|§ 3101. Date and return of writs commencing actions.

§ 3101. Date and return of writs commencing actions. Every writ used for the commencement of an action shall bear date on the day it was issued and shall be returnable on the day fixed by the rules of the court issuing the writ, or, if there be no such rule, on the day fixed by statute. Code 1852, §  2237;  Code 1915, §  4085;  Code 1935, §  4576;  10 Del. C. 1953, §  3101;