§ 9113 — Penalties for failure to collect and pay over fees

(a) If any county officer fails, neglects or refuses for 10 days to pay over all fees, costs, allowances and perquisites he or she receives and collects for use of the county of such officer, or fails to collect the fees required to be paid by law, or demands or receives from any person any fee or allowance greater than is provided by law, he or she shall be fined not more than $1,000, or imprisoned not more than 1 year, or both. Such officer shall also be liable in a civil action for the amount of such fees, costs, allowances and perquisites as he or she may have thus illegally withheld.

(b) Whenever any officer is convicted under this section, it shall operate as a forfeiture of his or her office, and he or she shall be removed from office by the Governor within 10 days from the date of such conviction.

Legislative History

23 Del. Laws, c. 60, § 11 ; Code 1915, § 1442; Code 1935, § 1601; 9 Del. C. 1953, § 9113; 70 Del. Laws, c. 186, § 1