CHAPTER 556

FORMERLY HOUSE BILL NO. 385

AS AMENDED BY HOUSE

AMENDMENTS NO. 1 AND 2 ,

AN ACT TO AMEND CHAPTER 23, TITLE 10, DELAWARE CODE, RELATING TO PROTHONOTARIES BY PROVIDING FOR INTEREST BEARING ACCOUNTS AND THE PAYMENT OF THE INTEREST AND SURPLUS FUNDS TO THE COUNTIES.

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

Section 1. Title 10 of the Delaware Code, is amended by adding thereto a new Section to read:

§ 2324. Deposit of moneys

(a) The Prothonotary may deposit any sums of money held by him for costs or fees in interest bearing accounts in a bank of the State of Delaware located in the same municipality as the Court House.

(b) All income and interest earned on all such deposits and investments are declared to be public monies and shall from time to time on order of a judge of the Superior Court be paid in the amount of seventy-five percent (75%) to the State Treasurer and twenty-five percent (25%) to the county in which funds are deposited with the court. In the event that any such sums are turned over to the county and State and are subsequently determined by the Prothonotary to be required to pay a claim, the governing body of the county and the State Treasurer shall promptly reimburse the Prothonotary such sum according to the aforementioned percentage.

Section 2. The provisions of this Act shall apply to sums of money held by the Prothonotary whether on deposit before or after the effective date of this Act.

Approved July 21, 1972.