Delaware General Assembly


CHAPTER 278

DIRECTING TREASURER TO REMIT CERTAIN FINES

AN ACT DIRECTING THE STATE TREASURER TO REMIT ANY FINE COLLECTED BY THE STATE UPON A CONVICTION WHICH WAS LATER SET ASIDE BY A HIGHER COURT UPON A CERTIORARI.

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

Section 1. The State Treasurer is hereby authorized and directed to remit to each person, or to the attorney of such person, who has paid a fine upon a conviction which was later set aside by a court of higher jurisdiction upon a certiorari from the lower court.

Section 2. The State Treasurer is hereby directed to pay the same upon proper voucher drawn by the person, or by the attorney of such person, upon whom the fine was originally imposed when the said voucher is accompanied by a certificate of the Prothonotary of any of the several Counties showing that the said conviction of the lower court upon which the fine was imposed has been set aside by a higher court.

Section 3. This Act shall apply not only to all such fines imposed in the future but to all such fines imposed since the adjournment of the regular session of the 115th General Assembly.

Section 4. All Acts or parts of Acts inconsistent with this Act are hereby repealed to the extent of such inconsistency.

Approved June 5, 1951.