CHAPTER 81

PERTAINING TO DISPOSITION OF FEES OF COUNTY OFFICERS

AN ACT AMENDING CHAPTER 91, TITLE 9, OF THE DELAWARE CODE, PERTAINING TO THE DISPOSITION OF AND ACCOUNTING FOR FEES OF COUNTY OFFICERS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 9108, Title 9, of the Delaware Code is amended to read as follows:

§ 9108. Disposition of fees

All the fees, costs, allowances and other perquisites which are taxable and paid to any County Officers for any official service rendered by any such officer, shall be for the sole use of the County of such officer, and when received shall be paid to the Receiver of Taxes and County Treasurer thereof.

Section 2. § 9109, Title 9, of the Delaware Code, is amended to read as follows:

§ 9109. Duty to account for fees

(a) Every County Officer in each of the counties, shall collect all fees, costs and allowances by law taxable by or payable to such officer, without any deduction, abatement or remission, except fees, costs and allowances payable by the County to such officers, and shall keep in a properly indexed fee book an itemized account showing the amount of each fee, item of cost and allowance by law taxable by or payable to such officer, and the service for which the same was rendered or charged, the date of payment and the name of the person paying the same. On or before the fifteenth day in each month, every such officer shall file with the Receiver of Taxes and County Treasurer and with the Levy Court of his County an account of all fees, costs and allowances received by him in the preceding month, which

account shall be so itemized that it may be compared with the fees, costs and allowance as entered in the fee book.

(b) The correctness of the accounts so rendered shall be verified by the affidavit of the officer rendering the same. Each of the officers shall also, on or before the fifteenth day in each month, pay over to the Receiver of Taxes and County Treasurer all the fees, costs and allowances so received from any source, which shall be payable to the Receiver of Taxes and County Treasurer as provided in section 9108 of this title.

Section 3. Any Act or Acts inconsistent with the provision of this Act are hereby repealed to the extent of any such inconsistency.

Section 4. This Act shall not take effect as to the Receiver of Taxes and County Treasurer of New Castle and Sussex Counties until the expiration of the term of office of the present holder of said offices, and shall not take effect as to the Receiver of Taxes and County Treasurer of Kent County until the expiration of the term of office of the person elected to that office at the general election held in 1954.

Approved May 10, 1955.