Delaware § 1309 Jurisdiction of justices of peace; appeal; bond

Delaware Statutes

§ 1309 — Jurisdiction of justices of peace; appeal; bond

Delaware § 1309

Title7

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This text of Delaware § 1309 (Jurisdiction of justices of peace; appeal; bond) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 7, § 1309 (2026).

Text

(a)The justices of the peace in this State shall have jurisdiction of all offenses under this part, unless another court is given exclusive jurisdiction.

(b)Any person charged before a justice of the peace with a violation of this part shall have the right to appeal to the Court of Common Pleas for the county wherein the hearing before the justice of the peace takes place. The appeal shall be allowed by the justice at any time within 15 days from the day of giving the judgment and not after, counting the day as 1, upon the party entitled to the appeal, or the party’s agent or attorney, praying it and offering sufficient security in such sum as the justice deems sufficient to cover the judgment appealed from and the costs on the appeal. The justice shall make an entry thereof as follows:

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(a) The justices of the peace in this State shall have jurisdiction of all offenses under this part, unless another court is given exclusive jurisdiction.

(b) Any person charged before a justice of the peace with a violation of this part shall have the right to appeal to the Court of Common Pleas for the county wherein the hearing before the justice of the peace takes place. The appeal shall be allowed by the justice at any time within 15 days from the day of giving the judgment and not after, counting the day as 1, upon the party entitled to the appeal, or the party’s agent or attorney, praying it and offering sufficient security in such sum as the justice deems 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 , 20, 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 that person’s executors or administrators, upon said appeal, shall be satisfied.”

The 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, and shall bind the sureties and their executors and administrators, jointly and severally, to satisfy any judgment rendered on the appeal against the party appealing, or that person’s executors or administrators, and, if the appeal is not duly entered in Court, or is dismissed, then to satisfy the judgment appealed from with all costs on the appeal. A civil action may be sustained on such entry before a justice, if the demand does not exceed $200, or if above that sum in the Court of Common Pleas, or if the appeal is not entered, or is dismissed, execution may be issued against the defendant and surety.