§ 9406 — Deposit of public moneys; penalty

(a) The clerk of the peace shall deposit daily to the credit of the State Treasurer and the receiver of taxes and county treasurer, respectively, in the Farmers’ Bank at the county seat of the clerk of the peace, all moneys received by him or her and payable to the State or county, and thereupon send to the State Treasurer and the receiver of taxes and county treasurer, respectively, by mail, a certificate of deposit.

(b) Whoever, being a clerk of the peace, wilfully fails or neglects to make the deposit of moneys required by this section, within the time herein prescribed, shall be fined in such amount or imprisoned for such term, or both, as the court, in its discretion, may determine, and shall forfeit, ipso facto, his or her office and such failure to put into the post office, within the prescribed time, the certificate of deposit required by this section, duly addressed to the State Treasurer or receiver of taxes and county treasurer, shall be a breach of the condition of his or her official bond.

(c) This section shall not apply to the Clerk of the Peace of New Castle County.

Legislative History

Code 1852, §§ 127, 128; 14 Del. Laws, c. 370, § 1 ; Code 1915, § 1286; 28 Del. Laws, c. 82 ; 30 Del. Laws, c. 81 ; Code 1935, § 1485; 9 Del. C. 1953, § 9406; 55 Del. Laws, c. 85, § 29A ; 70 Del. Laws, c. 186, § 1