Delaware General Assembly


CHAPTER 227

PROVIDING FOR PAYMENT OF UNCLAIMED WITNESS FEES INTO GENERAL FUNDS OF NEW CASTLE COUNTY

AN ACT TO AMEND CHAPTER 156 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO WITNESS FEES, BY PROVIDING FOR THE PAYMENT OF UNCLAIMED WITNESS FEES INTO THE GENERAL FUNDS OF NEW CASTLE COUNTY.

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

That Chapter 156 of the Revised Code of Delaware, as amended by Chapter 78, Volume 46, Laws of Delaware, 1947, be and the same hereby is amended by adding at the end of 5362. Sec. 19. thereof, a new paragraph, to be designated 5362A. Section 19A. and reading as follows:

5362A. Sec. 19A. Where witness fees in any civil action instituted in New Castle County have been taxed and paid as part of the costs, and remain unclaimed for a period of six months from the date of payment thereof, the Prothonotary shall notify the witness at his last known address by registered mail, return receipt requested, of the fact that the witness fee is being held for him, and must be claimed within a period of six months from the date of such notice. When any of said witness fees shall have remained unclaimed for a period of one year from the date of payment, it shall be the duty of the Prothonotary to pay said unclaimed witness fees to the County Treasurer of New Castle County to be deposited to the credit of the general funds of the County. Provided, however, the Prothonotary's Office may retain fifteen per cent of such unclaimed witness fees to defray the costs incident to carrying out the provisions of this Act.

Approved June 5, 1951.