Newlin v. Adair

Citations

• 27 Del. 452
• 4 Boyce 452
• 89 A. 209
• 1913 Del. LEXIS 66

Syllabus

<p>Clerks of Courts—Revenue Statute—Failure to Collect Costs— Validity of Proceeding.</p> <p>23 Del. Laws, c. 60, abolishing the fee system and providing for compensation of public officers by salary, as supplemented by 24 Del. Laws, c. 245, prescribing the fees to be charged by the prothonotary, authorizing enforcement of payment by making refusal to pay a misdemeanor, and authorizing the prothonotary to demand an additional amount necessary to defray costs, upon the nonpayment of which he may refuse to perform the services, is primarily a revenue statute, and the failure or neglect of the prothonotary to collect costs for an official act, in view of the other penalties provided, does not make such act void.</p>