CHAPTER 229 - GENERAL POWERS, DUTIES AND JURISDICTION IN CRIMINAL CASES

AN ACT TO AMEND CHAPTER 119 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO JUSTICES OF THE PEACE, IN REGARD TO COLLECTION AND PAYMENT OF FINES, COSTS, PENALTIES AND FORFEITURES.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 119 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out all of 4459, Sec. 14 thereof and inserting in lieu thereof the following section to be known as 4459. Sec. 14:

4459. Sec 14 (a) All fines, costs, penalties, charges and emoluments imposed or levied by Justices of the Peace, including those costs now levied for constables, shall be for such amount or amounts, as are now or may be hereafter provided by law, and all such amount or amounts imposed or levied as aforesaid shall be collected by the Justice of the Peace imposing the same for which a proper receipt shall be given to the person paying the same. Every and all amount or amounts so collected shall be entered daily in a ledger prescribed by the Levy Court of the respective Counties, showing the purpose for which the amount or amounts were collected, the name of the person or persons paying the same, and such other information as the Levy Court may require. The ledger so maintained shall be open to the inspection of the Levy Court, the County Treasurer, and the County Comptroller, or their or other authorized agents at all times. All fines and penalties collected as aforesaid for each calendar month shall be paid over by the Justices of the Peace to the County Treasurer of the respective counties within fifteen days after the first day of the next succeeding calendar month. Provided, however, that each Justice of the Peace shall pay to the State Treasurer within fifteen days after the first day of the next succeeding calendar month the amounts collected from fines, penalties and forfeitures for violations of the Motor Vehicle Laws and the laws regarding Fish, Oysters and Game in accordance with the provisions of Chapter 165 of the Revised Code of Delaware, 1935, and of Chapter 74 of the Revised Code of Delaware, 1935, and provided further that any such fines or forfeitures which by the Laws of this State are due and payable to municipalities thereof, shall be paid by each Justice to the municipality entitled thereto.

(b) Upon imposing any fine, the Justice of the Peace shall charge a constable or other Peace Officer present with the defendant, and enter the officer's name on his docket, and if the fine and costs be not paid to the Justice of the Peace, the constable or other Peace Officer, shall convey said defendant to jail, for which a commitment shall be a sufficient warrant.

Section 2. Any Acts or parts of Acts inconsistent herewith are hereby repealed to the extent of such inconsistency only.

Approved May 9, 1941.