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Duly verified

account of fees, when filed.

Fees, when and to whom

paid.

Exceptions.

Said county officers liable on their bond for such fees.

Condition of bond.

OF SALARIES.

payment and the name of the person paying the same; and on the first secular day in each and every month shall file with the 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 they may be compared with the fees, costs and allowances as entered in the said Fee Book, and the correctness of the accounts so rendered shall be verified by the affidavit of the officer rendering the same; and each of said officers shall also, on the first secular day in each month, pay over to the said county treasurer all the fees, costs and allowances so received from any source, which shall be payable to the county treasurer as hereinabove provided, but this Section shall not require the payment to the county treasurer of any fees, costs and allowances received for any official service rendered by any other officer than those named in this Section.

Section 3. That the said county officers mentioned in Section 1 of this Act, and each of them, shall be, and they are hereby made, liable upon their respective official bonds for the payment to the county treasurer of the county of such officer of all the fees which they shall collect respectively; and all the official bonds to be entered into by them shall contain the following additional condition: “and if the said

shall truly and without delay pay over to the county treasurer all the fees which it shall be his duty to collect and which are to be paid to the county treasurer." The Levy how proceeded' Court of each county shall cause proceedings to be brought on any of said bonds for the breach of the foregoing condition for the recovery of the penalty therein.

upon.

Fees defined.

Audit of

account of fees, etc. in New

Section 4. That the fees mentioned in Sections 2 and 3 hereof to be collected by the several officers therein mentioned, shall be all fees mentioned and set forth in Chapter 125 of the Revised Code of the State of Delaware as amended, and all other fees now by law payable or to become payable to such several officers.

Section 5. That the county comptroller of New Castle County shall, during the months of January and July in each Castle County. year, audit, inspect and examine the books, accounts, papers, records and dockets of the several county officers of New

OF SALARIES.

Castle County mentioned in the first Section of this Act, and ascertain the amounts due to the county in fees; and he shall during the months aforesaid, report in writing to the Report of audit Levy Court, which shall cause the same to be entered at large upon their minutes and published in pamphlet form for distribution.

account of fees,

and Sussex

Section 6. The county treasurer of Kent and Sussex Coun- Audit of ties shall, during the months of January and July in each etc, in Kent year, audit, inspect and examine the books, accounts, papers, counties. records and dockets of the several county officers mentioned in the first Section of this Act, in their respective counties and ascertaining the amounts due the county in fees; and he shall, during the months aforesaid, report in writing to the Report. Levy Court, of his county which shall cause the same to be entered at large upon their minutes and published in pamphlet form for distribution.

officers.

Section 7. That on and after the expiration of the terms Compensation of office of the following county officers in each of the coun- of certain ties in this State, namely Clerks of the Peace, Sheriffs, Coroners, Prothonotaries, Recorders, Registers of Wills, Registers in Chancery and Clerks of the Orphans Court, the said officers shall be paid, in lieu of all fees, costs, allowances, perquisites and other compensation of every kind for performing every and all the services, acts and duties of their respective offices, a sum equal to ten per centum of all fees and costs paid by them respectively to the county treasurer of their respective counties as hereinabove provided and required, and also the following annual salaries, payable in equal monthly installments by the county treasurer of their respective counties, namely, in New Castle County the Clerk In New Castle of the Peace shall receive Four Thousand dollars; the sheriff, Clerk of Peace. Three Thousand and Six Hundred dollars; the Coroner, One Sheriff. Thousand and Two Hundred dollars; the Prothonotary, Prothonotary. Three Thousand and Six Hundred dollars; the Recorder. Recorder. Three Thousand and Six Hundred dollars; the Register of Register of Wills, Three Thousand and Six Hundred dollars; the Regis- Register in ter in Chancery, One Thousand and Five Hundred dollars. Chancery. and the Clerk of the Orphans Court, One Thousand and Five phans' Court. Hundred dollars.

County.

Coroner.

Wills.

Clerk of Or

In Kent County the Clerk of the Peace shall receive One In Kent County

Sheriff,

Coroner.
Prothonotary.
Recorder.

OF SALARIES.

Clerk of Peace. Thousand and Eight Hundred dollars; the Sheriff, Two Thousand dollars; the Coroner, One Thousand dollars; the Prothonotary, One Thousand and Five Hundred dollars; the Recorder, One Thousand and Five Hundred dollars; the Register of Wills, One Thousand and Five Hundred dollars; the Register in Chancery, Five Hundred dollars and the phans' Court. Clerk of the Orphans Court, Five Hundred dollars.

Register of
Wills.
Register in
Chancery.

Clerk of Or

In Sussex
County,

Sheriff.

In Sussex County the Clerk of the Peace shall receive Clerk of Peace. One Thousand and Eight Hundred dollars; the Sheriff, Two Thousand dollars; the Coroner, Six Hundred dollars; the Prothonotary, One Thousand and Five Hundred dollars; the Recorder, One Thousand and Five Hundred dollars; the Register of Wills, One Thousand and Five Hundred dollars; the Register in Chancery, Five Hundred dollars and the phans' Court. Clerk of the Orphans Court, Five Hundred dollars.

Coroner.
Prothonotary.
Recorder.
Register of
Wills.
Register in
Chancery.
Clerk of Or-

Deputies.

In New Castle
County.

In Kent and Sussex Counties.

Salaries of deputies, etc.

Payable monthly.

Section 8. That the officers mentioned in the first Section of this Act may select and employ deputies and Clerks to assist them in the performance of the duties of their offices respectively at the following annual salaries, namely:

In New Castle County the Clerk of the Peace may select and employ one deputy at a salary of One Thousand and Two Hundred dollars; and three clerks, each at a salary of Six Hundred dollars; the Sheriff, three deputies, one at a salary of Eight Hundred dollars and two at Six Hundred dollars each; the Coroner, one deputy at a salary of Five Hundred dollars; the Prothonotary, one deputy at a salary of One Thousand dollars; the Recorder, one deputy at a salary of One Thousand dollars and four clerks, each at a salary of Six Hundred dollars; the Register of Wills one deputy at a salary of One Thousand dollars and one clerk at a salary of Six Hundred dollars; the Register in Chancery and Clerk of the Orphans Court may select and employ a deputy at a salary of Six Hundred dollars.

In Kent County and in Sussex County each of said officers, excepting the Coroner, enumerated in this Section, may select and employ one deputy at a salary of Six Hundred dollars.

Section 9. That the salaries of such deputies and clerks shall be paid to them by the county treasurer in equal

OF SALARIES.

monthly installments upon the certificate in writing of the officer employing them, that they have faithfully performed their duties during the preceding month.

control of officer appointing.

Section 10. That all such deputies and clerks shall be under Deputies under the control of the officer by whom they are selected and employed, who shall have the right to discharge any such deputy or clerk at any time, and be responsible for all the official acts, neglects and defaults of all such deputies and clerks as he may employ.

violating the

act, deemed

Section II. That if any of said officers mentioned in the Said officers first Section hereof shall fail, neglect or refuse for ten days to provisions of pay over, as herein required, all such fees, costs, allowances guilty of misand prequisites as he shall receive and collect for use of the demeanor. County of such officer, or shall fail to collect the fees required to be paid by law, or shall demand or receive from any person any fee or allowance greater than is provided by law, he shall be guilty of a misdemeanor, besides being liable in a civil action for the amount of such fees, costs, allowances and perquisites as he may have thus illegally withheld; and upon Penalty on conviction thereof shall be fined not more than One Thousand dollars, or imprisoned not more than one year, or may be both fined and imprisoned, in the discretion of the Court. Whenever any officer is convicted under this Section, it office forfeited shall operate as a forfeiture of his office and he shall be removed from office by the Governor within ten days from the date of such conviction.

conviction.

in conviction.

ord of office.

Section 12. The Fee Book mentioned in this Act shall Fee Book a recbe part of the records of the office for which it is kept and shall be at all times open to inspection and examination.

due Sheriffs to

be paid, when

and by whom.

Section 13. The Sheriff of each county at the end of Mileage fees each month shall present to the County Treasurer an itemized and verified account of all mileage fees taxable by law for serving process and performance of every official duty, and the County Treasurer shall pay the amount thereof to the Sheriff in addition to the compensation hereinabove provided for such officer, and in case a special emergency shall make it necessary for the Sheriff of either county to employ temporarily a greater number of deputies than herein Other deputies, provided for the preservation of peace and good order, the appointed. Sheriff may be reimbursed by the Levy Court of his county

when may be

OF SALARIES.

for sums actually expended for the services of such deputies upon rendering a detailed sworn statement of the occasion How paid for. for the employment, the term thereof and the amount paid to each deputy and the names of such deputies.

Section 14. That all Acts and parts of Acts inconsistent herewith, and especially Chapters 73, 294 and 335 of Volume 22, of the Laws of Delaware, be and they are hereby repealed from the time when this Act shall go into effect, as herein provided.

Approved, April 6, A. D. 1905.

Chapter 51, Volume 21, amended by

salary of Governor.

CHAPTER 61.

OF SALARIES.

AN ACT to amend Chapter 51, Volume 21, Laws of Delaware, entitled "An Act in relation to the salary of the Governor", Approved March 10, 1898, by increasing said salary.

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

Section I. That Chapter 51, Volume 21, Laws of Delaware, entitled "An Act in relation to the salary of the Govincreasing the ernor", approved March 10, 1898, be and the same is hereby amended by striking out the word "two" in the second line of section one of said Act and inserting in lieu thereof the word "four", and by striking out the words "five hundred" in the third line of section one, and inserting in lieu thereof the words "one thousand".

Approved, March 16, A. D. 1905.

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