reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 9 - Counties › Chapter 87. COLLECTION OF DELINQUENT TAXES › Subchapter IV. Sale of Land for Delinquent Taxes in Kent and Sussex Counties › § 8777. Action against personal representative of taxable.

§ 8777. Action against personal representative of taxable.
The death of any taxable shall not prevent the recovery under this subchapter of any tax due and owing, but the tax collecting authority shall proceed for the collection thereof against the personal representative of such deceased taxable. If the lands and tenements of a deceased taxable are to be sold, it shall be sufficient for the tax collecting authority to suggest the death upon the record and give notice as described in this subchapter to the heirs at law or devisees of the land, as the case may be, and the executor or administrator of such deceased taxable, if any there be within the county.
28 Del. Laws, c. 82, §  24;  33 Del. Laws, c. 84, §  19;  Code 1935, §§  1416, 1449;  9 Del. C. 1953, §  8777;  57 Del. Laws, c. 762, §  24G;  71 Del. Laws, c. 401, §  115;
2023 Delaware Code › Title 9 - Counties › Chapter 87. COLLECTION OF DELINQUENT TAXES › Subchapter IV. Sale of Land for Delinquent Taxes in Kent and Sussex Counties › § 8778. Costs upon sale of lands.

§ 8778. Costs upon sale of lands.
(a) In cases of sale of lands, under this subchapter, for the payment of taxes, the following costs shall be allowed to be deducted from the proceeds of sale, or chargeable against the owner:
TO THE PROTHONOTARY:
For filing and recording certificate
$1.00
For filing and recording return of sale
1.50
TO THE RECEIVER OF TAXES AND COUNTYTREASURER OR THE DIRECTOROF FINANCE:
For preparing certificate
$ .25
For making sale of lands
2.00
For preparing and filing return
1.50
For posting handbills
1.00
(b) In addition the costs of printing handbills and publication of advertisements of sale under this subchapter, together with the miles necessarily traveled by the tax collecting authority in posting the handbills shall be chargeable as costs. Mileage shall be computed and chargeable at the rate provided by [former] § 9115 [repealed] of this title.
(c) The cost of the deed shall not be chargeable as costs, but shall be paid by the purchaser.
28 Del. Laws, c. 82, §  21;  30 Del. Laws, c. 82, §  6;  33 Del. Laws, c. 84, §  16;  Code 1935, §§  1413, 1446;  9 Del. C. 1953, §  8778;  57 Del. Laws, c. 762, §  24G;  71 Del. Laws, c. 401, §  115;
2023 Delaware Code › Title 9 - Counties › Chapter 87. COLLECTION OF DELINQUENT TAXES › Subchapter IV. Sale of Land for Delinquent Taxes in Kent and Sussex Counties › § 8779. Payment of excess from proceeds to owner.

§ 8779. Payment of excess from proceeds to owner.
After satisfying the tax due and the costs and expenses of sale from the proceeds of sale under this subchapter, the amount remaining shall be paid at once to the owner of the land, or upon the refusal of the owner to accept the same, or if the owner is unknown or cannot be found, the amount remaining shall be deposited in some bank in the county either to the credit of the owner, or in a manner by which the fund may be identified.
28 Del. Laws, c. 82, §  25;  33 Del. Laws, c. 84, §  20;  Code 1935, §§  1417, 1450;  9 Del. C. 1953, §  8779;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9101. Definitions.

§ 9101. Definitions.
As used in this chapter:
“County offices” or “county officers” means the elected or appointed public officers of the respective counties and includes county council members, Levy Court Commissioners, clerks of the peace, members of the boards of assessment, receivers of taxes and county treasurers, collectors of delinquent taxes, registers of wills, sheriffs, recorders, and any other officer, board, commission, department or agency (other than a court or judge) whose jurisdiction is limited to a single county; provided, however, that the Prothonotaries of New Castle County, Kent County and Sussex County shall not be considered to be county offices.
9 Del. C. 1953, §  9101;  66 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 91, §  1;  80 Del. Laws, c. 209, § 6;  84 Del. Laws, c. 117, § 2;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9102. Location of offices.

§ 9102. Location of offices.
The county government of each county shall provide and assign office space for the respective county offices and, whenever occasion requires, may change such space and assign different space. The county officers shall occupy, and their offices shall be located, in the space assigned to them from time to time by the county government or chief administrative officer.
Code 1852, §  24;  15 Del. Laws, c. 331, §  1;  19 Del. Laws, c. 26, §  19;  26 Del. Laws, c. 83, §  4;  26 Del. Laws, c. 84, §  4;  Code 1915, §§  1275, 1431;  29 Del. Laws, c. 77, §  1;  Code 1935, §§  1478, 1589;  9 Del. C. 1953, §  9102;  55 Del. Laws, c. 85, §  26A;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9103. Record books and supplies.

§ 9103. Record books and supplies.
The county government of each county shall provide for the county offices in their respective counties, the necessary record books, cases, seals and supplies for the use of the offices, for the preservation and security of the public records, the convenience of business, and for public accommodation.
Code 1852, §§  24, 460;  19 Del. Laws, c. 26, §  19;  26 Del. Laws, c. 83, §  4;  26 Del. Laws, c. 84, §  4;  Code 1915, §§  386, 1275;  29 Del. Laws, c. 77, §  1;  Code 1935, §§  360, 1478;  9 Del. C. 1953, §  9103;  55 Del. Laws, c. 85, §  26B;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9104. Records.

§ 9104. Records.
The county officers shall keep all records, books, papers and other things belonging to their offices, in their respective offices.
Code 1852, §  22;  Code 1915, §  1430;  Code 1935, §  1588;  47 Del. Laws, c. 248, §  1;  48 Del. Laws, c. 298, §  1;  9 Del. C. 1953, §  9104;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9105. County offices; days open; penalties.

§ 9105. County offices; days open; penalties.
(a) County offices shall be open each day except legal holidays, Saturdays and Sundays.
(b) If a county officer refuses or neglects to attend at his or her office for the transaction of business, as required in subsection (a) of this section, the county officer shall be fined $8.00 for every such offense.
(c) A deputy of any county officer may attend for the performance of such services as are strictly ministerial.
Code 1852, §  22;  Code 1915, §  1430;  Code 1935, §  1588;  47 Del. Laws, c. 248, §  1;  48 Del. Laws, c. 298, §  1;  9 Del. C. 1953, §  9105;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9106. Saturday as legal holiday for New Castle County and City of Wilmington.

§ 9106. Saturday as legal holiday for New Castle County and City of Wilmington.
Each Saturday shall be a legal holiday for all elective and appointed officials, deputies, clerks, bailiffs and other employees of New Castle County, including all officials and employees of the government of New Castle County and for all elective officials of the City of Wilmington and for all appointed officers and employees of the Mayor and Council of Wilmington (except members of the Department of Safety and Homeland Security and firefighters).
Code 1935, §  3321;  47 Del. Laws, c. 143, §  1;  9 Del. C. 1953, §  9106;  55 Del. Laws, c. 85, §  26C;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 110, §  138;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9107. Authorization to pay employees on day preceding holiday.

§ 9107. Authorization to pay employees on day preceding holiday.
Each county government, whenever the pay day for employees falls on a holiday, Saturday or Sunday, may pay the employees their salaries on the day immediately preceding the holiday, Saturday or Sunday.
47 Del. Laws, c. 172, §  1;  9 Del. C. 1953, §  9107;  55 Del. Laws, c. 85, §  26D;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9108. Disposition of fees.

§ 9108. Disposition of fees.
All the fees, costs, allowances and other perquisites which are taxable and paid to any county officer for any official service rendered by any such officer, shall be for the sole use of the county of such officer, and when received shall be paid to the receiver of taxes and county treasurer or department of finance thereof.
23 Del. Laws, c. 60, §  1;  24 Del. Laws, c. 85, §  1;  Code 1915, §  1433;  28 Del. Laws, c. 82, §  1;  30 Del. Laws, c. 81, §  1;  Code 1935, §  1592;  9 Del. C. 1953, §  9108;  50 Del. Laws, c. 81, §  1;  55 Del. Laws, c. 85, §  26E;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9109. Duty to account for fees.

§ 9109. Duty to account for fees.
(a) Every county officer in each of the counties shall collect all fees, costs and allowances by law taxable by or payable to such officer, without any deduction, abatement or remission, except fees, costs and allowances payable by the county to such officers, and shall keep in a properly indexed fee book an itemized account showing the amount of each fee, item of cost and allowance by law taxable by or payable to such officer, and the service for which the same was rendered or charged, the date of payment and the name of the person paying the same. On or before the fifteenth day in each month, every such officer shall file with the receiver of taxes and county treasurer or department of finance and with the government of the officer's county an account of all fees, costs and allowances received by that officer in the preceding month, which account shall be so itemized that it may be compared with the fees, costs and allowances as entered in the fee book.
(b) The correctness of the accounts so rendered shall be verified by the affidavit of the officer rendering the same. Each of the officers shall also, on or before the fifteenth day in each month, pay over to the receiver of taxes and county treasurer or department of finance all the fees, costs and allowances so received from any source, which shall be payable to the receiver of taxes and county treasurer or department of finance as provided in § 9108 of this title.
23 Del. Laws, c. 60, §  2;  24 Del. Laws, c. 85, §  1;  24 Del. Laws, c. 86, §  1;  Code 1915, §  1434;  28 Del. Laws, c. 82, §  1;  30 Del. Laws, c. 81, §§  1-3;  Code 1935, §  1593;  9 Del. C. 1953, §  9109;  50 Del. Laws, c. 81, §  2;  55 Del. Laws, c. 85, §  26E;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9110. Fee book; inspection and examination.

§ 9110. Fee book; inspection and examination.
The fee book mentioned in this chapter shall be a part of the records of the office for which it is kept, and shall be at all times open to inspection and examination.
23 Del. Laws, c. 60, §  12;  Code 1915, §  1444;  Code 1935, §  1603;  9 Del. C. 1953, §  9110;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9111. Audit of fees.

§ 9111. Audit of fees.
The Departments of Finance of New Castle County and of Sussex County shall, during the months of January and July in each year, audit, inspect, and examine the books, accounts, papers, records, and dockets of the several county officers and ascertain the amounts due to the county in fees. During those months, the Departments of Finance of New Castle County and of Sussex County shall report in writing to their respective county governments, which shall cause the same to be entered at large upon their minutes and published for public distribution.
23 Del. Laws, c. 60, §  5;  26 Del. Laws, c. 83, §  8;  26 Del. Laws, c. 84, §  8;  Code 1915, §  1437;  Code 1935, §  1596;  9 Del. C. 1953, §  9111;  55 Del. Laws, c. 85, §  26F;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 209, § 7;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9112. Liability for fees.

§ 9112. Liability for fees.
Each county officer is made liable upon his or her respective official bond, for the payment to the receiver of taxes and county treasurer or the department of finance of the county of such officer of all the fees which such officer shall collect. All the official bonds to be entered into by the officers shall contain the following condition:
“And if the said . . . . . . shall truly and without delay pay over to the Receiver of Taxes and County Treasurer or the Department of Finance all the fees which it shall be his or her duty to collect and which are to be paid to the Receiver of Taxes and County Treasurer or the Department of Finance.” The county government shall cause proceedings to be brought on any of the bonds for the breach of the foregoing condition for the recovery of the penalty therein.
23 Del. Laws, c. 60, §  3;  Code 1915, §  1435;  28 Del. Laws, c. 82, §  1;  30 Del. Laws, c. 81, §§  1-3;  Code 1935, §  1594;  9 Del. C. 1953, §  9112;  55 Del. Laws, c. 85, §§  26E, 26G;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9113. Penalties for failure to collect and pay over fees.

§ 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.
23 Del. Laws, c. 60, §  11;  Code 1915, §  1442;  Code 1935, §  1601;  9 Del. C. 1953, §  9113;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9114. Bonds of recorder, clerk of the peace and register of wills.

§ 9114. Bonds of recorder, clerk of the peace and register of wills.
(a) Every recorder and clerk of the peace, elected or appointed for any county shall, at the next term of the Superior Court in that county, after their election or appointment, before entering upon the duties of the office, become bound to the State with sufficient surety by a joint and several obligation in the penalty of $3,000 with condition that if the above named . . . . . . who has been duly elected (or appointed) to be . . . . . . shall and do well and diligently execute the office of . . . . . . as aforesaid and duly and faithfully fulfill and perform all the trusts and duties to the said office appertaining, and truly and without delay deliver to the successor in office, the seal and all the books, records and papers belonging to said office safe and undefaced, and if the said . . . . . . shall truly and without delay pay over to the Receiver of Taxes and County Treasurer or Department of Finance all the fees which it shall be the recorder's or clerk of the peace's duty to collect and which are to be paid to the Receiver of Taxes and County Treasurer or Department of Finance, then this obligation shall be void and of no effect, or else shall remain in full force and virtue.
(b) The Register of Wills of New Castle County shall be required to give bond for the sum of $10,000; the Register of Wills of Kent County shall be required to give bond for $5,000; and the Register of Wills of Sussex County shall be required to give bond for $5,000. The bonds shall be in the form provided in subsection (a) of this section and shall be approved by the Resident Judge of the respective counties and the bond shall be executed in each case by the Register of Wills before entering upon the discharge of Register of Wills office.
(c) The acknowledgment and approval of all the obligations specified in this section shall be certified by the Judges of the Superior Court then present.
(d) The obligation of the recorder shall be recorded in the Judgment Docket of the Superior Court, and shall be filed there. The other obligations required by this section shall be forthwith delivered to the recorder to be recorded and filed in the recorder's office.
Code 1852, §§  441-443;  14 Del. Laws, c. 42;  16 Del. Laws, c. 24;  23 Del. Laws, c. 60, §  3;  Code 1915, §  379;  30 Del. Laws, c. 43;  Code 1935, §  348;  41 Del. Laws, c. 74;  9 Del. C. 1953, §  9114;  51 Del. Laws, c. 120;  55 Del. Laws, c. 85, §  26E;  66 Del. Laws, c. 185, §  2;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 117, § 3;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9116. Cancellation of bonds.

§ 9116. Cancellation of bonds.
The several bonds and recognizances of the several officers provided for in §§ 9114 and [former] 9115 [repealed] of this title as well as the official bond of any constable of the several counties shall be cancelled 3 years after the expiration of the terms of office of the several officers and such constable and shall after such time cease to be a lien on any property of any kind of the several officers and such constable or their respective bondsmen.
Code 1915, §  379A;  28 Del. Laws, c. 34;  Code 1935, §  349;  46 Del. Laws, c. 56;  9 Del. C. 1953, §  9116;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9117. Satisfaction of bonds.

§ 9117. Satisfaction of bonds.
The bonds filed and recorded in the offices of the recorders of deeds in this State shall at the time designated in § 9116 of this title be marked by the recorder “cancelled” and under the word “cancelled” the recorder shall sign his or her name as recorder and shall affix the official seal of his or her office. The bond filed and recorded in the offices of the prothonotaries of the Superior Courts in this State shall at the time designated in § 9116 of this title be marked by the prothonotary “cancelled” and under the word “cancelled” the prothonotary shall sign his or her name as prothonotary and shall affix the official seal of his or her office, and the original bonds shall be returned to the obligors, or if they are dead, to their legal representatives.
Code 1915, §  379B;  28 Del. Laws, c. 34;  Code 1935, §  350;  9 Del. C. 1953, §  9117;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9118. Bond of sheriffs.

§ 9118. Bond of sheriffs.
(a) Every sheriff elected or appointed in any of the counties of this State, before entering upon that sheriff's office, shall, with sufficient surety or sureties, become bound to the State, by a joint and several obligation to be, with the surety or sureties therein, approved by the Judge resident in the county, for which the sheriff had been elected, namely:
the Sheriff of New Castle County, $25,000; the Sheriff of Kent County, $14,000; and the Sheriff of Sussex County, $12,000. The bonds shall be given upon condition that “If the Sheriff shall and do well and truly serve and execute all writs and processes to him or her directed, without delay and shall, from time to time, upon request to him or her made for that purpose well and truly pay or cause to be paid to the several suitors and parties interested therein, their lawful agent, factors or assigns, and to the several officers all and every sum or sums of money to them respectively belonging, which shall come to his or her hands or which it shall be his or her duty to collect and receive, and receive, collect, and pay over all public taxes whatsoever committed to him or her for collection, and shall do from time to time, and at all times during his or her continuation in office, of Sheriff, well and faithfully execute the office and perform in everything the duty in him or her reposed, and the Sheriff shall truly and without delay pay over to the County Treasurer or the Director of Finance all the fees which it shall be his or her duty to collect, and which are to be paid to the County Treasurer or the Director of Finance, then the bond to be void, otherwise to be and remain in full force and virtue.” This bond shall be entered at large upon the continuance record of the Superior Court of the same county at the time it is taken, and the approval of the surety or sureties and of the bond shall appear on the record.
(b) If any sheriff neglects so to enter into such bond such sheriff shall, ipso facto, forfeit his or her office. The prothonotary shall forthwith certify such neglect to the Governor, who shall thereupon appoint another person, being an inhabitant of the same county, to fill the vacancy until the next general election and qualification of a successor. The Governor shall duly notify the prothonotary of every appointment of a sheriff to fill a vacancy.
Code 1852, §§  448-451;  16 Del. Laws, c. 14;  17 Del. Laws, c. 34;  21 Del. Laws, c. 202;  25 Del. Laws, c. 55;  Code 1915, §§  382, 383;  Code 1935, §§  356, 357;  9 Del. C. 1953, §  9118;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 213, §  5;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9119. Violation of bond requirements; penalty.

§ 9119. Violation of bond requirements; penalty.
Whoever, being an officer within the provisions of §§ 9114 and [former] 9115 [repealed] of this title, neglects to comply with such sections, shall be fined not less than $500 nor more than $1,000, and shall, ipso facto, forfeit his or her office.
Code 1852, §  444;  Code 1915, §  380;  Code 1935, §  353;  9 Del. C. 1953, §  9119;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9120. Bonds of officers in Sussex County.

§ 9120. Bonds of officers in Sussex County.
Every public officer of Sussex County who is required by law to give a bond for the faithful performance of his or her duties to be approved by the judges of the Superior Court or Court of Chancery shall execute such bond before entering upon the duties of his or her office with sufficient sureties to be approved by any Judge of the Superior Court, which bond shall afterwards be submitted to the Judge of the Superior Court or the Chancellor, as the case may be, for approval as now provided by law. The bond shall have all the force and effect now given by law to such official bonds. The Judges or Chancellor may at any time require additional surety.
30 Del. Laws, c. 90, §  1;  Code 1935, §  1591;  9 Del. C. 1953, §  9120;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9121. Uniform mileage payments.

§ 9121. Uniform mileage payments.
The authorized mileage rate for officers or employees of the several counties who receive mileage from the respective county governments for miles driven in their private motor vehicles shall be at a rate to be determined by levy court or county council.
48 Del. Laws, c. 235, §  1;  9 Del. C. 1953, §  9121;  50 Del. Laws, c. 238, §  1;  55 Del. Laws, c. 85, §  26H;  57 Del. Laws, c. 370;  60 Del. Laws, c. 11, §  1;  63 Del. Laws, c. 40, §  1;  68 Del. Laws, c. 39, §  1;  69 Del. Laws, c. 184, §  3;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9122. Posting of fee lists.

§ 9122. Posting of fee lists.
Every county officer who keeps a public office shall post in some convenient and conspicuous place therein a printed or written list of the fees prescribed in this part, as they relate to him or her.
Code 1852, §  2834;  Code 1915, §  4887;  Code 1935, §  5375;  9 Del. C. 1953, §  9122;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9123. Construction of fee provisions; time for payment of fees.

§ 9123. Construction of fee provisions; time for payment of fees.
Fees shall be construed strictly and no fee shall be allowed for any service, except where otherwise expressly provided, until it has been actually performed.
Code 1852, §  2836;  Code 1915, §  4889;  Code 1935, §  5377;  9 Del. C. 1953, §  9123;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9124. Payment of salaries.

§ 9124. Payment of salaries.
Payment of salaries of all county officers, deputies, clerks and employees payable by New Castle County, shall be paid by warrants drawn by the government of New Castle County on the Department of Finance, in such installments and upon such dates as the government of New Castle County shall designate, upon the certificate in writing of the officer employing them that they have faithfully performed their duties up to the end of the payroll period.
9 Del. C. 1953, §  9124;  54 Del. Laws, c. 203, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 91. GENERAL PROVISIONS › § 9125. Chief deputies.

§ 9125. Chief deputies.
(a) The clerk of the peace, Sheriff, Recorder of Deeds and Register of Wills in New Castle County each may select and employ 1 chief deputy who shall serve at the pleasure of the appointing officeholder. The provisions of this section shall not authorize any elected officeholder to increase the number of employees in any of the several county offices.
(b) The compensation to be paid the chief deputy shall be set by the appointing officeholder. However, the compensation shall not exceed the salary set by statute for the officeholder, except that the salary of the Sheriff's chief deputy shall not exceed the highest salary set pursuant to this subsection.
9 Del. C. 1953, §  9125;  57 Del. Laws, c. 519, §  2;  60 Del. Laws, c. 202, §  1;  62 Del. Laws, c. 9, §  1;  66 Del. Laws, c. 185, §  3;  73 Del. Laws, c. 91, §  3;
2023 Delaware Code › Title 9 - Counties › Chapter 92. DEPUTIES AND CLERKS › § 9201. Duties and responsibilities of officers appointing deputies and clerks.

§ 9201. Duties and responsibilities of officers appointing deputies and clerks.
All deputies and clerks shall be under the control of the officer by whom they are selected and employed, who may discharge any such deputy or clerk at any time. The officer shall be responsible for all the official acts, neglects and defaults of all deputies and clerks that officer employs.
23 Del. Laws, c. 60, §  10;  Code 1915, §  1441;  Code 1935, §  1600;  9 Del. C. 1953, §  9201;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 92. DEPUTIES AND CLERKS › § 9202. Powers and duties of chief deputies.

§ 9202. Powers and duties of chief deputies.
The chief deputy or, if there is no chief deputy, the deputy employed by each of the officers shall be possessed of all the authority of their respective offices, and in the absence or disability of the duly elected officer, the chief deputy or deputy of such officer shall perform all the duties of the office, until the vacancy so created shall be filled as required by the Constitution or statutes of the State.
23 Del. Laws, c. 60, §  9;  27 Del. Laws, c. 73, §  1;  Code 1915, §§  1275, 1439;  29 Del. Laws, c. 77, §  1;  29 Del. Laws, c. 91, §  1;  35 Del. Laws, c. 76, §  2;  40 Del. Laws, c. 139, §  2;  Code 1935, §§  1478, 1598;  43 Del. Laws, c. 120, §  1;  44 Del. Laws, c. 100, §  3;  9 Del. C. 1953, §  9202;
2023 Delaware Code › Title 9 - Counties › Chapter 92. DEPUTIES AND CLERKS › § 9203. Payment of salaries.

§ 9203. Payment of salaries.
The salaries of deputies and clerks, payable by Kent County, shall be paid to them by warrants drawn by the government of Kent County on the Receiver of Taxes and County Treasurer, upon the certificate in writing of the officer employing them that they have faithfully performed their duties during the preceding month.
23 Del. Laws, c. 60, §  9;  24 Del. Laws, c. 87, §  2;  27 Del. Laws, c. 73, §  1;  Code 1915, §  1440;  32 Del. Laws, c. 85, §  1;  36 Del. Laws, c. 126, §  1;  40 Del. Laws, c. 136, §  2;  Code 1935, §  1599;  43 Del. Laws, c. 120, §  2;  9 Del. C. 1953, §  9203;  51 Del. Laws, c. 103, §§  2, 3;  54 Del. Laws, c. 203, §  2;  55 Del. Laws, c. 85, §  27A;  57 Del. Laws, c. 762, §  26A;
2023 Delaware Code › Title 9 - Counties › Chapter 92. DEPUTIES AND CLERKS › § 9204. Employment of extra clerks.

§ 9204. Employment of extra clerks.
(a) Except as provided otherwise by law, the Resident Judge of New Castle County may authorize any county officer in his or her County, whose office is a constitutional office, to employ clerks in addition to those specified by law when such Judge deems such employment necessary for the proper performance of the public work required of such officer. In Kent County, the county government may fix the number of clerks employed.
(b) Any additional clerks employed under the provisions of subsection (a) of this section, shall receive the same compensation as is fixed by law for the other clerks performing like or similar services, and shall be paid in like manner.
Code 1915, §  1439;  29 Del. Laws, c. 91, §  1;  29 Del. Laws, c. 92, §  1;  30 Del. Laws, c. 91, §  1;  31 Del. Laws, c. 13, §  16;  32 Del. Laws, c. 67, §  1;  35 Del. Laws, c. 79, §  1;  40 Del. Laws, c. 139, §  2;  Code 1935, §§  1191, 1598;  43 Del. Laws, c. 120, §  1;  44 Del. Laws, c. 100, §  2;  45 Del. Laws, c. 137, §  1;  9 Del. C. 1953, §  9204;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 213, §  6;
2023 Delaware Code › Title 9 - Counties › Chapter 92. DEPUTIES AND CLERKS › § 9205. Application in New Castle County.

§ 9205. Application in New Castle County.
The provisions of this chapter shall not apply to New Castle County. In New Castle County the provisions of [former] subchapter IX of Chapter 13 of this title [repealed] shall apply.
9 Del. C. 1953, §  9206;  55 Del. Laws, c. 85, §  27B;
2023 Delaware Code › Title 9 - Counties › Chapter 92. DEPUTIES AND CLERKS › § 9206. Application in Sussex County.

§ 9206. Application in Sussex County.
The provisions of this chapter shall not apply to Sussex County. In Sussex County, the provisions of § 7006 of this title shall apply.
9 Del. C. 1953, §  9207;  57 Del. Laws, c. 762, §  26B;
2023 Delaware Code › Title 9 - Counties › Chapter 94. CLERKS OF THE PEACE › § 9401. Oath and bond.

§ 9401. Oath and bond.
Every clerk of the peace, before entering upon the clerk's official duties, shall take and subscribe the oath of office prescribed by the Delaware Constitution, and shall give bond as required by § 9114 of this title.
Code 1852, §  118;  Code 1915, §  1283;  Code 1935, §  1482;  9 Del. C. 1953, §  9401;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 94. CLERKS OF THE PEACE › § 9402. Compensation.

§ 9402. Compensation.
The clerks of the peace in the respective counties shall receive the annual salaries listed below:
(1) In New Castle County, as fixed by the New Castle County government;
(2) In Kent County the clerk of the peace of Kent County shall receive a salary in an amount to be set by ordinance of the Kent County Levy Court; and
(3) In Sussex County the clerk of the peace of Sussex County shall receive a salary in an amount to be set by ordinance of the Sussex County Council.
23 Del. Laws, c. 60, §  7;  24 Del. Laws, c. 84, §  1;  Code 1915, §  1438;  40 Del. Laws, c. 139, §  1;  Code 1935, §  1597;  44 Del. Laws, c. 98, §  1;  45 Del. Laws, c. 138, §  1;  46 Del. Laws, c. 298, §  1;  9 Del. C. 1953, §  9402;  49 Del. Laws, c. 290, §  4;  49 Del. Laws, c. 306;  50 Del. Laws, c. 479, §  1;  52 Del. Laws, c. 174, §  10;  53 Del. Laws, c. 38, §  2;  53 Del. Laws, c. 222, §  3;  54 Del. Laws, c. 23, §  1;  54 Del. Laws, c. 215, §  3;  57 Del. Laws, c. 692, §  5;  58 Del. Laws, c. 17;  59 Del. Laws, c. 514, §  5;  61 Del. Laws, c. 506, §  4;  65 Del. Laws, c. 163, §  6;  65 Del. Laws, c. 216, §  1;  67 Del. Laws, c. 255, §  4;  68 Del. Laws, c. 234, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 94. CLERKS OF THE PEACE › § 9403. Deputies and clerks.

§ 9403. Deputies and clerks.
The clerks of peace in Kent and Sussex Counties may employ such chief deputy, deputies and clerks as are authorized by the government of the county, at compensations fixed by such county government. In Kent County, minimum qualifications may be established by the county government for each position, and said minimum qualifications and compensation and any subsequent adjustments thereto shall have the concurrence of the clerk of the peace.
23 Del. Laws, c. 60, §  8;  24 Del. Laws, c. 86, §  2;  27 Del. Laws, c. 73, §  1;  Code 1915, §  1439;  29 Del. Laws, c. 91, §  1;  29 Del. Laws, c. 92, §  1;  30 Del. Laws, c. 91, §  1;  31 Del. Laws, c. 17, §  1;  32 Del. Laws, c. 67, §  1;  35 Del. Laws, c. 79, §  1;  40 Del. Laws, c. 139, §  2;  Code 1935, §§  1191, 1598;  43 Del. Laws, c. 120, §  1;  44 Del. Laws, c. 100, §§  1, 2;  44 Del. Laws, c. 101, §  1;  45 Del. Laws, c. 109, §§  1, 2;  46 Del. Laws, c. 298, §§  1, 2;  47 Del. Laws, c. 192;  48 Del. Laws, c. 111, §  1;  9 Del. C. 1953, §  9403;  49 Del. Laws, c. 34;  55 Del. Laws, c. 85, §  29B;  74 Del. Laws, c. 45, §  3;
2023 Delaware Code › Title 9 - Counties › Chapter 94. CLERKS OF THE PEACE › § 9404. Clerk of the county government.

§ 9404. Clerk of the county government.
(a) The clerk of the peace shall be clerk of the government of his or her county.
(b) This section shall not apply to the clerks of the peace of Sussex or New Castle Counties.
Code 1852, §  147;  22 Del. Laws, c. 52, §  3;  22 Del. Laws, c. 54, §§  5, 11;  Code 1915, §  1284;  28 Del. Laws, c. 76;  31 Del. Laws, c. 13;  Code 1935, §  1483;  9 Del. C. 1953, §  9404;  55 Del. Laws, c. 85, §  29A;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 94. CLERKS OF THE PEACE › § 9405. Duties as clerk of the county government.

§ 9405. Duties as clerk of the county government.
(a) The clerk of the peace shall safely keep the books and papers of the county government, and make full and true minutes of all the proceedings thereof. The clerk of the peace shall observe the orders and rules of the county government in all things relating to the duties of his or her office.
(b) This section shall not apply to the clerks of the peace of New Castle or Sussex Counties.
Code 1852, §  147;  Code 1915, §  1297;  Code 1935, §  1495;  9 Del. C. 1953, §  9405;  55 Del. Laws, c. 85, §  29A;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 94. CLERKS OF THE PEACE › § 9406. Deposit of public moneys; penalty.

§ 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.
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;
2023 Delaware Code › Title 9 - Counties › Chapter 94. CLERKS OF THE PEACE › § 9407. Monthly accounting to State Treasurer; penalties.

§ 9407. Monthly accounting to State Treasurer; penalties.
(a) The clerk of the peace shall, not later than the tenth day of each month, plainly state under his or her hand, and render to the State Treasurer, with a copy thereof to the Auditor of Accounts, a full and true account of all money by him or her received, during the next preceding calendar month, or for which he or she is accountable to the State, for all fees for licenses and fees of every description payable to the State. The clerk of the peace shall deposit, at the time prescribed by § 9406 of this title, to the credit of the State Treasurer, in the Farmers' Bank at the county seat, the full amount due on such accounts, and send such accounts to the State Treasurer by mail, with a certificate of such deposit thereon endorsed. Nothing in this section shall prevent more frequent settlements by the clerk of the peace with the State Treasurer.
(b) Whoever, being a clerk of the peace, wilfully fails or neglects to render such accounts or to make such deposits within the time prescribed, shall, besides being liable for the money due the State, be fined not less than $500 nor more than $2,000. Conviction of such offense shall of itself work a forfeiture of his or her office. The official obligation of each clerk of the peace shall extend to and embrace the moneys received, or which ought to be received as aforesaid, and the duties required of him or her. Every wilful failure or neglect to make such account or deposit, as also a wilful failure or neglect to put into the post office, within the time prescribed, such account, with the certificate of deposit endorsed thereon, duly addressed to the State Treasurer, shall be a breach of his or her official obligation.
(c) This section shall not apply to the Clerk of the Peace of New Castle County.
Code 1852, §§  129, 130;  13 Del. Laws, c. 117, §  8;  14 Del. Laws, c. 418, §  3;  20 Del. Laws, c. 377;  25 Del. Laws, c. 8, §  4;  25 Del. Laws, c. 49;  26 Del. Laws, c. 16, §  21;  Code 1915, §  1287;  Code 1935, §  1486;  9 Del. C. 1953, §  9407;  55 Del. Laws, c. 85, §  29A;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 94. CLERKS OF THE PEACE › § 9408. Audit; penalty.

§ 9408. Audit; penalty.
(a) The records and accounts of the clerk of the peace respecting fees for licenses and receipts of every description payable to the State shall be open to inspection and audit by such agency of the State as is authorized to audit the accounts of state agencies.
(b) The provisions of § 6510 of Title 29 shall apply to the clerk of the peace, and any violation of such section shall be a breach of the official bond of the clerk of the peace.
(c) This section shall not apply to the Clerk of the Peace of New Castle County.
Code 1852, §  132;  Code 1915, §  1289;  Code 1935, §  1488;  9 Del. C. 1953, §  9408;  55 Del. Laws, c. 85, §  29A;
2023 Delaware Code › Title 9 - Counties › Chapter 94. CLERKS OF THE PEACE › § 9409. Transcripts concerning county accounts.

§ 9409. Transcripts concerning county accounts.
(a) The clerk of the peace shall deliver to the receiver of taxes and county treasurer or director of finance of his or her county certified transcripts of all allowances made by the government of his or her county; and of the amount to be collected; and of all matters that shall concern the receiver of taxes and county treasurer or director of finance or be requisite for keeping the accounts of the respective counties.
(b) This section shall not apply to the Clerk of the Peace of New Castle County.
Code 1852, §  148;  Code 1915, §  1298;  28 Del. Laws, c. 82;  30 Del. Laws, c. 81;  40 Del. Laws, c. 135;  Code 1935, §  1496;  9 Del. C. 1953, §  9409;  55 Del. Laws, c. 85, §  29A;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 94. CLERKS OF THE PEACE › § 9410. Assessment lists; delivering copies.

§ 9410. Assessment lists; delivering copies.
(a) After the assessment lists have been certified to the county government, as provided by law, the clerk of the peace of the county shall immediately make, from the assessment lists, collectors' duplicates to be delivered to the receiver of taxes and county treasurer or director of finance in his or her county, as provided by law, which copies shall be the only ones required to be made by the clerk of the peace.
(b) The original assessment lists shall be retained by the clerk of the peace, and no further copy shall be required for the records of his or her office.
(c) This section shall not apply to the Clerk of the Peace of New Castle County.
25 Del. Laws, c. 34, §§  1, 2;  Code 1915, §  1300;  30 Del. Laws, c. 77, §  12;  30 Del. Laws, c. 78, §  6;  31 Del. Laws, c. 14, §  20;  40 Del. Laws, c. 135;  Code 1935, §  1497;  9 Del. C. 1953, §  9410;  55 Del. Laws, c. 85, §  29A;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 94. CLERKS OF THE PEACE › § 9411. Penalty.

§ 9411. Penalty.
(a) Whoever, being a clerk of the peace, omits to perform any of the duties provided in § 9409 or 9410 of this title, shall be fined not less than $20 nor more than $50.
(b) This section shall not apply to the Clerk of the Peace of New Castle County.
Code 1852, §  153;  Code 1915, §  1302;  Code 1935, §  1498;  9 Del. C. 1953, §  9411;  55 Del. Laws, c. 85, §  29A;
2023 Delaware Code › Title 9 - Counties › Chapter 94. CLERKS OF THE PEACE › § 9412. Certification of appointed constables.

§ 9412. Certification of appointed constables.
(a) The clerk of the peace shall, within 10 days after the appointment by the government of his or her county of any constable, send by mail to the Auditor of Accounts a true certificate of the name of every such constable, stating therein who is, and who is not, liable to the payment of a fee of $5.00, according to law.
(b) This section shall not apply to the clerk of the peace of New Castle County.
Code 1852, §  131;  Code 1915, §  1288;  Code 1935, §  1487;  9 Del. C. 1953, §  9412;  55 Del. Laws, c. 85, §  29A;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 94. CLERKS OF THE PEACE › § 9413. Marriage licenses.

§ 9413. Marriage licenses.
(a) The clerks of the peace in the respective counties shall dispense all marriage licenses directed by law to be issued by them. Blanks for all such licenses shall be furnished by the Department of Health and Social Services pursuant to the provisions of § 113 of Title 13. For such licenses the clerks of the peace shall demand and receive, for the use of the State, the fees prescribed by law.
(b) This section shall not apply to the clerk of the peace of New Castle County.
Code 1852, §  133;  Code 1915, §  1290;  30 Del. Laws, c. 239;  Code 1935, §  1489;  9 Del. C. 1953, §  9413;  55 Del. Laws, c. 85, §  29A;  57 Del. Laws, c. 560, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 94. CLERKS OF THE PEACE › § 9414. Furnishing marriage licenses to justices of the peace.

§ 9414. Furnishing marriage licenses to justices of the peace.
(a) The clerk of the peace shall furnish to any justice of the peace in his or her county, upon payment of the fee to the State, as many marriage licenses as the justice may desire. No person other than such clerk of the peace or justice shall dispense or distribute the licenses. The clerk of the peace, upon dispensing such marriage license, shall notify the State Registrar of Vital Statistics, as provided by law.
(b) This section shall not apply to the clerk of the peace of New Castle County.
Code 1852, §  138;  18 Del. Laws, c. 16;  18 Del. Laws, c. 459;  27 Del. Laws, c. 84, §  15;  27 Del. Laws, c. 261, §  4;  Code 1915, §  1291;  Code 1935, §  1490;  9 Del. C. 1953, §  9414;  55 Del. Laws, c. 85, §  29A;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 94. CLERKS OF THE PEACE › § 9415. Record of marriage licenses.

§ 9415. Record of marriage licenses.
(a) Every clerk of the peace of the State shall procure a suitable book for marriage licenses, in which shall be entered alphabetically the name of every person, to whom shall be issued a license, together with the post-office address and street and number of the city, village or town where the person resides, together with the date the license was issued and the amount paid for same, which entry shall be made within 24 hours of the issuance of every such license. The books shall be procured in accordance with § 113 of Title 13 and furnished to the several clerks of the peace upon their request.
(b) This section shall not apply to the clerk of the peace of New Castle County.
27 Del. Laws, c. 54;  Code 1915, §  1295;  36 Del. Laws, c. 73;  40 Del. Laws, c. 30, §§  1, 2;  Code 1935, §  1494;  9 Del. C. 1953, §  9415;  55 Del. Laws, c. 85, §  29A;
2023 Delaware Code › Title 9 - Counties › Chapter 94. CLERKS OF THE PEACE › § 9416. Administering oaths.

§ 9416. Administering oaths.
The clerk of the peace in each county may administer oaths or affirmations in all cases relating to the business of the office of clerk of the peace.
17 Del. Laws, c. 21;  Code 1915, §  1307;  Code 1935, §  1500;  9 Del. C. 1953, §  9416;
2023 Delaware Code › Title 9 - Counties › Chapter 94. CLERKS OF THE PEACE › § 9417. Destruction of county papers.

§ 9417. Destruction of county papers.
The clerk of the peace shall, on and after the expiration of 5 years from their date, destroy poll lists of elections, individual bills settled and paid by the county, and such papers as may and do not become a matter of permanent record of the county or State in the office. The destruction of the papers shall be under and by the supervision of the prothonotary and the register of wills of each county.
14 Del. Laws, c. 38, §§  1, 2;  Code 1915, §  1308;  Code 1935, §  1501;  9 Del. C. 1953, §  9417;
2023 Delaware Code › Title 9 - Counties › Chapter 94. CLERKS OF THE PEACE › § 9418. License fees.

§ 9418. License fees.
(a) The fees of the Clerk of the Peace for Kent County shall be established by ordinance of the governing body of Kent County.
(b) This section shall not apply to the Clerk of the Peace of New Castle County.
(c) The fees of the Clerk of the Peace for Sussex County shall be as established by ordinance.
Code 1852, §  2790;  14 Del. Laws, c. 103;  26 Del. Laws, c. 33;  Code 1915, §§  1306, 4856;  40 Del. Laws, c. 30;  Code 1935, §§  1499, 5350;  9 Del. C. 1953, §  9418;  55 Del. Laws, c. 85, §  29A;  64 Del. Laws, c. 149, §  6;  65 Del. Laws, c. 401, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 96. RECORDERS › § 9601. Election; term of office.

§ 9601. Election; term of office.
There shall be a recorder in each county who shall be elected at the general elections for a term of 4 years commencing on the first Tuesday in January next after his or her election.
Code 1852, §§  637, 638;  Code 1915, §§  1371, 1372;  Code 1935, §§  1543, 1544;  9 Del. C. 1953, §  9601;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 96. RECORDERS › § 9602. Compensation.

§ 9602. Compensation.
The recorders in the respective counties shall receive the annual salaries listed below:
(1) In New Castle County, as fixed by the New Castle County government;
(2) In Kent County the Recorder of Kent County shall receive a salary in an amount to be set by ordinance of the Kent County Levy Court; and
(3) In Sussex County the Recorder of Sussex County shall receive a salary in an amount to be set by ordinance of the Sussex County Council.
23 Del. Laws, c. 60, §  7;  Code 1915, §  1438;  40 Del. Laws, c. 139, §  1;  Code 1935, §  1597;  44 Del. Laws, c. 98, §  1;  45 Del. Laws, c. 138, §  1;  46 Del. Laws, c. 298, §  1;  9 Del. C. 1953, §  9602;  49 Del. Laws, c. 290, §  6;  49 Del. Laws, c. 380;  50 Del. Laws, c. 478, §  1;  50 Del. Laws, c. 494, §  1;  52 Del. Laws, c. 52, §  2;  52 Del. Laws, c. 174, §  7;  53 Del. Laws, c. 222, §  4;  54 Del. Laws, c. 23, §  5;  54 Del. Laws, c. 215, §  5;  57 Del. Laws, c. 692, §  6;  58 Del. Laws, c. 7;  59 Del. Laws, c. 514, §  3;  61 Del. Laws, c. 506, §  5;  65 Del. Laws, c. 163, §  7;  65 Del. Laws, c. 216, §  2;  67 Del. Laws, c. 255, §  5;  68 Del. Laws, c. 234, §  2;