(a) Whoever negligently or wilfully injures or damages any public road, bridge or drain, or any gate, light or other appurtenance maintained and used for the convenience or safety of the traveling public in connection with such road, bridge or drain shall forfeit and pay double damages therefor. If a public road, bridge, drain, gate, light, or other appurtenance is on or along a “Delaware byway”, as defined in § 101 of this title, an additional civil mandatory penalty of $500 must be added to the amount of double damages.
(b) Action for the recovery of such damages, where the road, bridge, drain or other appurtenance is under the jurisdiction and control of the Department, shall be brought in the name of the State, and all money recovered thereby shall be paid to the State Treasurer.
(c) Justices of the peace, the Court of Common Pleas and the Superior Court shall have concurrent jurisdiction of actions under this section, provided that the jurisdiction of justices of the peace shall be limited to cases where the double damage shall not exceed $2,500, and the jurisdiction of the Court of Common Pleas shall be limited to cases where the double damages shall not exceed the sum of $15,000.
(d) In actions before Justices of the Peace, the procedure shall be the same as is provided for actions of trespass before Justices of the Peace, with the right of appeal to the Court of Common Pleas, and, in actions before the Court of Common Pleas, the right of appeal to the Superior Court shall be preserved.
Code 1852, § 1131; Code 1915, § 1573; 29 Del. Laws, c. 108; 40 Del. Laws, c. 107, § 1; Code 1935, § 1665; 17 Del. C. 1953, § 511; 66 Del. Laws, c. 265, § 1; 69 Del. Laws, c. 423, § 20; 69 Del. Laws, c. 423, § 20; 77 Del. Laws, c. 350, § 4.
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