Delaware General Assembly

CHAPTER 239.

GENERAL POWERS, DUTIES AND JURISDICTION IN CRIMINAL CASES.

AN ACT to amend Chapter 119 of the Revised Code of the State of Delaware In Relation to Fee Books of Justices of the Peace and Constables.

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

Section 1. That Chapter 119 of the Revised Code of the State of Delaware be and the same is hereby amended by repealing 3963, Section 15 thereof, and inserting in lieu thereof the following to be styled 3963, Section 15.

3963 Section 15. The justices of the peace and constables, in each of the Counties of this State, are authorized, directed and required to keep a criminal docket and fee book, which shall be provided by the County in each case, and in which the said justice of the peace or constable, as the case may be, shall keep a complete itemized account of all the monies received by him in his official capacity, showing the amount received in each case, the date when received, the particular case in which the same was received, the services or particular purposes for which the same was received or charged, the name of the person paying the same, and a full and complete itemized statement of each and every criminal case or proceeding coming before such justice in his official capacity, or in which such constable is in any way connected in his official capacity, as provided by law, showing in each case whether the defendant or defendants have been dismissed or committed or held for the Court of General Sessions *of [*or] the Court of Oyer and Terminer, the name and address of each and every witness subpoenaed or sworn in each and every criminal case or proceeding, as aforesaid. On the first secular day of each and every month, each and every justice of the peace, and each and every constable, shall file with the County Treasurer, and with the Levy Court, of his County, a full and complete itemized statement or account, for the preceding month, of all fees and costs or other monies received by him in his official capacity, together with a full and complete itemized statement or account for the preceding month, of each and every criminal case or proceeding coming before such justice of the peace in his official capacity, or in which such constable is in any way connected in his official capacity, as provided by law, showing in each case, whether the defendant or defendants have been dismissed or committed or held for court, as the case may be; which account or statement shall be so itemized that the same may be compared with the fees, costs and allowances as rendered in the said criminal docket and fee book; and the correctness of the accounts or statements so rendered shall be verified by the affidavit of the justice of the peace or constable rendering the same. If any justice of the peace or constable shall knowingly or willfully make a false affidavit in reference to any account or statement required to be filed under this section, he shall be deemed guilty of perjury, and shall, upon conviction thereof, be subject to the penalties for perjury provided by the laws of this State.

The criminal docket and fee books mentioned in this section and proper sheets or blank statements to be used by the justices of the peace and constable, in filing the monthly accounts or statements, as provided for in this section, shall be prepared by the Levy Court of the respective county in which they are to be used, and shall be paid for by the said Levy Court, and shall be the property of the County, in each case; and the said criminal docket and fee book of each justice of the peace shall be a part of the records of the office for which it is kept, and shall be at all times open to public inspection and examination; and the said criminal docket and fee book of each constable shall be a part of the records of the office for which it is kept, and shall be at all times open to public inspection and examination. Every justice of the peace and every constable in this State, immediately upon the termination of his term of office, is hereby authorized, directed and required, to deliver his said criminal docket and fee book to the Levy Court of the County wherein he resides; and the said Levy Court shall keep and preserve the said criminal dockets and fee books as the other public books and documents of the County are kept and preserved.

If any justice of the peace or constable in this State shall demand or receive from any person or from any county in this State, any fees or charge or allowance greater than is provided by law, or shall fail to keep a criminal docket and fee book as required by this section, or shall fail to file with the County Treasurer, and with the Levy Court, of his County, an account or statement of all fees, costs and allowances and charges received by him, in the preceding month, and of all criminal cases, for the preceding month, as required by this section, or upon the termination of his term of office shall fail, neglect or refuse, for the space of ten days, to turn over and deliver to the Levy Court of his County, the said criminal docket and fee book, or shall damage, mutilate, secrete or destroy his said criminal docket and fee book, or shall violate or fail to comply with any of the provisions of this section, he shall be deemed guilty of a misdemeanor and shall upon conviction thereof, besides being liable in a civil action for the amount of such fees, costs, allowances and charges as he may have thus illegally collected or withheld, be fined not more than one thousand dollars, or imprisoned not more than one year, or both, in the discretion of the court. Whenever any officer is convicted under this section, it shall operate as a forfeiture of his office, and he shall be removed from office by the Governor, in the case of a justice of the peace, or by the Levy Court, in the case of a constable, as the case may be, within ten days from the date of conviction.

Approved March 8, A. D. 1915.