reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 21. SHERIFF › § 2109. Reception of sum due on capias ad satisfaciendum.

§ 2109. Reception of sum due on capias ad satisfaciendum.
Upon arresting a defendant on a writ of capias ad satisfaciendum, the sheriff shall receive the sum due thereon if offered.
Code 1852, §  586;  Code 1915, §  1336;  Code 1935, §  1514;  10 Del. C. 1953, §  2109;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 21. SHERIFF › § 2110. Penalty for nonpayment of funds collected.

§ 2110. Penalty for nonpayment of funds collected.
If any sheriff neglects to pay, according to the condition of the sheriffs' recognizance, any money collected by the sheriff, at the time when the same is payable, the sheriff shall pay to the party entitled to the same, in addition to the sum due, at the rate of 20 percent per annum from that time until it is paid.
Code 1852, §  572;  Code 1915, §  1325;  Code 1935, §  1504;  10 Del. C. 1953, §  2110;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 21. SHERIFF › § 2111. Payment of funds into court.

§ 2111. Payment of funds into court.
Where several persons claim money collected by a sheriff, or where the person entitled to receive it resides out of the sheriff's bailiwick, and has no lawful attorney within the same, the sheriff may bring the money into the court from which the process issued upon which it was collected, there to remain subject to the order of the court. The sheriff shall thereupon be excused from the operation of § 2110 of this title.
Code 1852, §  572;  Code 1915, §  1325;  Code 1935, §  1504;  10 Del. C. 1953, §  2111;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 21. SHERIFF › § 2112. Mileage fees.

§ 2112. Mileage fees.
The sheriff of each county at the end of each month shall present to the receiver of taxes and county treasurer or the Department of Finance an itemized and verifiable account of all mileage travelled in the performance of every official duty when travelled in other than a county-provided vehicle.
23 Del. Laws, c. 60, §  13;  Code 1915, §  1443;  Code 1935, §  1602;  10 Del. C. 1953, §  2112;  55 Del. Laws, c. 85, §  32M;  62 Del. Laws, c. 272, §  2;  69 Del. Laws, c. 184, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 21. SHERIFF › § 2113. Administering oaths by deputies.

§ 2113. Administering oaths by deputies.
Deputies may administer oaths in all cases in which, by the laws of this State, an oath is authorized and required to be administered by the sheriff. In all cases in which the oath is administered by a deputy, whose appointment is recorded in the recorder's office in the county in which the sheriff and deputy reside, it shall be as effectual in law as though it had been done by the sheriff.
12 Del. Laws, c. 201;  Code 1915, §  1323;  Code 1935, §  1502;  10 Del. C. 1953, §  2113;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2301. Compensation.

§ 2301. Compensation.
The salaries of the prothonotaries in each county shall be established in accordance with Chapter 33 of Title 29.
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;  10 Del. C. 1953, §  2301;  49 Del. Laws, c. 282, §  2;  49 Del. Laws, c. 305;  50 Del. Laws, c. 419, §  1;  51 Del. Laws, c. 244;  52 Del. Laws, c. 174, §  4;  53 Del. Laws, c. 222, §  6;  54 Del. Laws, c. 23, §  7;  54 Del. Laws, c. 215, §  6;  56 Del. Laws, c. 204, §  3;  57 Del. Laws, c. 692, §  8;  59 Del. Laws, c. 514, §  2;  61 Del. Laws, c. 506, §  7;  65 Del. Laws, c. 163, §  2;  65 Del. Laws, c. 216, §  4;  66 Del. Laws, c. 185, §  11;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2302. Deputies and clerks.

§ 2302. Deputies and clerks.
(a) In each county the Judges of the Superior Court resident in the county shall name a chief deputy prothonotary who shall perform such duties as shall from time to time be assigned by such Judges. The compensation of each such chief deputy shall be established by the Judges of the Superior Court resident in the county.
(b) The prothonotaries of the respective counties may select and employ the deputies and clerks listed below:
New Castle County.
(1) An additional chief deputy who shall perform such duties as the prothonotary shall authorize and direct in the administration of the office, and shall perform the duties of the prothonotary in the prothonotary's absence; and
(2) Such additional personnel as the Judges of the Superior Court resident in New Castle County shall from time to time authorize.
23 Del. Laws, c. 60, §  8;  24 Del. Laws, c. 86, §  2;  27 Del. Laws, c. 73;  Code 1915, §  1439;  29 Del. Laws, c. 91;  32 Del. Laws, c. 67;  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;  45 Del. Laws, c. 140, §  1;  46 Del. Laws, c. 298, §§  1, 2;  47 Del. Laws, c. 192;  48 Del. Laws, c. 111, §  1;  10 Del. C. 1953, §  2302;  49 Del. Laws, c. 55;  49 Del. Laws, c. 88;  52 Del. Laws, c. 332, §  1;  53 Del. Laws, c. 131;  55 Del. Laws, c. 85, §  32N;  57 Del. Laws, c. 216, §  1;  59 Del. Laws, c. 170, §  1;  60 Del. Laws, c. 327, §  1;  63 Del. Laws, c. 129, §§  1, 2;  66 Del. Laws, c. 185, §  12;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2303. Entry of judgments.

§ 2303. Entry of judgments.
(a) Whenever a judgment is entered or signed in the Superior Court (except judgments on verdict when entered before the end of the term next after that in which the verdict is given), the prothonotary shall set down on the docket the day, month, and year of actually entering or signing it. When entering the ascertained amount of a judgment given, “amount to be ascertained by the prothonotary, or other person,” the prothonotary shall in like manner set down the true date of the entry.
(b) The prothonotary, on entering a judgment on bond with warrant of attorney, or in taking a judgment by confession other than by virtue of such warrant, shall set down on the docket under such judgment, the precise hour and minute of the day when the same was entered or taken, and such judgment shall operate and take effect as liens, at and from the time so noted or entered on the record.
Code 1915, §  3764;  Code 1935, §  4286;  10 Del. C. 1953, §  2303;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2304. Judgment indices.

§ 2304. Judgment indices.
(a) The prothonotary shall keep to every docket of the prothonotary's office in which judgments are entered or signed, except the appearance docket, 2 indices of such judgments, the one of the plaintiffs' names in alphabetical order of the surnames, in connection with the names of their defendants, and the other of the defendants' names in like alphabetical order, in connection with the names of their plaintiffs. The prothonotary shall index every judgment the same day it is entered or signed, except judgments entered in the appearance docket, which shall be transferred to the continuance docket and indexed within 2 weeks from such entry.
(b) A testatum fieri facias, and judgments of any court, state or federal, or of a justice of the peace entered in the prothonotary's office to bind lands, shall be indexed as judgments. Also, when a case is continued, after verdict for the plaintiff without judgment, it shall be indexed as if judgment was given. Judgments of the Supreme Court, entered in the court below, shall be indexed as required by this section.
Code 1852, §§  670, 671;  Code 1915, §  3765;  Code 1935, §  4287;  10 Del. C. 1953, §  2304;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2305. Penalties for neglect of duty.

§ 2305. Penalties for neglect of duty.
Whoever, being a prothonotary, neglects any duty enjoined by § 2303 or 2304 of this title, shall be fined in such amount or imprisoned for such term, as the court, in its discretion, may determine. The prothonotary shall further be answerable in a civil action to any person, injured by such default, for all damages sustained thereby, and such default shall be a breach of the prothonotary's official obligation.
Code 1852, §  672;  Code 1915, §  3766;  Code 1935, §  4288;  10 Del. C. 1953, §  2305;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2307. Attachment index in New Castle County.

§ 2307. Attachment index in New Castle County.
The Prothonotary for New Castle County shall keep an indirect index in a docket for that purpose of all writs of foreign and domestic attachment which are issued from the court, and index the same at the time they are so issued. The index shall show the names of the defendants in such writs of attachment, in alphabetical order of the surnames in connection with the names of the plaintiffs therein, and the day of issuing the same. It shall also specify the appearance dockets and pages thereof in and on which such proceedings by attachment shall be docketed.
16 Del. Laws, c. 19;  Code 1915, §  3769;  Code 1935, §  4291;  10 Del. C. 1953, §  2307;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2308. Mechanics' Lien Docket.

§ 2308. Mechanics' Lien Docket.
The prothonotary shall keep a Mechanics' Lien Docket and make all entries therein as provided by § 2724 of Title 25.
16 Del. Laws, c. 145, §  3;  Code 1915, §  3770;  Code 1935, §  4292;  10 Del. C. 1953, §  2308;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2309. Partnership and Association Docket.

§ 2309. Partnership and Association Docket.
The prothonotary shall keep a Partnership and Association Docket, make all entries therein and perform all the duties relative to partnership and association certificates, as provided by § 3103 of Title 6.
25 Del. Laws, c. 146, §  3;  Code 1915, §  3771;  Code 1935, §  4293;  10 Del. C. 1953, §  2309;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2312. Certification of fines; penalty.

§ 2312. Certification of fines; penalty.
(a) The prothonotary, within 30 days after the end of every term of the Superior Court in the prothonotary's county, shall transmit to the Auditor of Accounts an abstract, certified under his or her hand and seal of office, of every case in the court in which a fine or forfeiture was imposed at the term, stating the name of the party, the name of the sheriff, and the amount of the fine or forfeiture.
(b) The prothonotary shall also, immediately after every term of the Superior Court in the county, transmit by mail to the State Treasurer, an abstract of all fines and forfeitures imposed by the Court at the term.
(c) Any prothonotary failing to perform any of the duties imposed by this section shall be fined not more than $100.
(d) The court in which the conviction is obtained shall cause a copy of the record of such conviction to be transmitted to the General Assembly.
Code 1852, §§  120, 122, 124-126, 675;  Code 1915, §§  1285, 3777;  Code 1935, §§  1484, 4299;  10 Del. C. 1953, §  2312;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2313. Furnishing copies of sentences in criminal cases.

§ 2313. Furnishing copies of sentences in criminal cases.
The prothonotary shall deliver a copy of every sentence in a criminal case to the board, warden or other authority having the control and administration of the prison to which the prisoner is sentenced.
Code 1852, §  141;  21 Del. Laws, c. 247;  23 Del. Laws, c. 126;  Code 1915, §  1292;  Code 1935, §  1491;  10 Del. C. 1953, §  2313;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2314. Advance costs.

§ 2314. Advance costs.
The prothonotary shall require the advance payment of costs as provided in §§ 3102 and 8705 of this title.
Code 1915, §  3774;  Code 1935, §  4296;  10 Del. C. 1953, §  2314;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2315. Affidavits.

§ 2315. Affidavits.
The prothonotary may take all affidavits to be used in the Superior Court.
Code 1915, §  3775;  Code 1935, §  4297;  10 Del. C. 1953, §  2315;  11 Del. Laws, c. 225, §  5;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2316. Purchase or contract for witness fees; penalty.

§ 2316. Purchase or contract for witness fees; penalty.
The prothonotary shall not, directly or indirectly, purchase or contract for the fees of any witness attending the Superior Court. Any fees, so purchased, shall be forfeited. Any prothonotary who purchases such fees shall be fined double the amount of the fees purchased.
Code 1852, §§  145, 677;  Code 1915, §§  1294, 3779;  Code 1935, §§  1493, 4301;  10 Del. C. 1953, §  2316;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2318. Entry of letter “S” in judgment index upon satisfaction.

§ 2318. Entry of letter “S” in judgment index upon satisfaction.
When satisfaction of a judgment is made by entry, or otherwise, the prothonotary shall write the letter “S” in the index opposite the names of the parties in such judgment.
13 Del. Laws, c. 132, §  3;  Code 1915, §  3776;  Code 1935, §  4298;  10 Del. C. 1953, §  2318;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2319. Notation of satisfaction of judgments.

§ 2319. Notation of satisfaction of judgments.
(a) When any judgment in the Superior Court appears, by the return of any execution thereon, to be wholly or partially satisfied, the prothonotary shall note that fact on the record of the judgment, as required by §§ 4755 and 4756 of this title.
(b) When a judgment upon which a testatum fi. fa. or transcript has been issued and recorded in another county has been satisfied, the prothonotary of the county where the original judgment is shall certify to the prothonotary where the testatum fi. fa. or transcript has been recorded the fact of the satisfaction, whereupon the latter prothonotary shall enter the fact of such satisfaction upon the record of the testatum fi. fa. or transcript, as provided by § 4757 of this title.
Code 1852, §  678;  Code 1915, §  3780;  Code 1935, §  4302;  10 Del. C. 1953, §  2319;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2320. Dower record.

§ 2320. Dower record.
In suits for dower, the prothonotary shall record all the proceedings in books kept for that purpose exclusively.
Code 1852, §  679;  Code 1915, §  3781;  Code 1935, §  4303;  10 Del. C. 1953, §  2320;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2321. Notification of issuing writs of certiorari in motor vehicle cases.

§ 2321. Notification of issuing writs of certiorari in motor vehicle cases.
The prothonotary shall, upon issuing a writ of certiorari in any case involving a violation of the motor vehicle laws of this State, at once notify by mail the Motor Vehicle Commissioner of this State of the issuing of the writ.
Code 1935, §  4304A;  45 Del. Laws, c. 290, §  1;  10 Del. C. 1953, §  2321;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2322. Appointment of fence viewers.

§ 2322. Appointment of fence viewers.
The prothonotary shall issue a warrant, under his or her hand and official seal, to each of the fence viewers of the prothonotary's county, and notify the public of their appointment by as many advertisements, signed by the prothonotary and posted in each hundred, as there are viewers therein.
Code 1852, §  143;  Code 1915, §  1293;  Code 1935, §  1492;  10 Del. C. 1953, §  2322;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2323. Seal.

§ 2323. Seal.
The Prothonotary of New Castle County may from time to time replace the seal or seals of his or her office. When such replacement is made the old seal or seals shall be destroyed in the Prothonotary's presence.
10 Del. C. 1953, §  2323;  51 Del. Laws, c. 345;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 23. PROTHONOTARY › § 2324. Deposits; distribution of interest.

§ 2324. Deposits; distribution of interest.
(a) The prothonotary shall deposit any sums of money held by the Prothonotary for costs or fees in accordance with policies and guidelines established by the State Treasurer.
(b) The prothonotaries in each county shall distribute interest earned from and after October 1, 1987, on bail bond deposit accounts in the amount of 100 percent to the State Treasurer.
10 Del. C. 1953, §  2324;  58 Del. Laws, c. 556, §  1;  61 Del. Laws, c. 328, §  1;  63 Del. Laws, c. 158, §  1;  66 Del. Laws, c. 185, §  13;  67 Del. Laws, c. 47, §  36;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 25. REGISTER IN CHANCERY OFFICE › § 2501. Definitions.

§ 2501. Definitions.
As used in this chapter, the term “Register in Chancery Office” means the Register in Chancery of the Court of Chancery of the State, which shall be the Clerk's Office of that Court. When the term “Chief Register in Chancery” or “Register in Chancery” are used in connection with natural persons, they shall have the meaning set forth in § 2509 of this title.
73 Del. Laws, c. 91, §  7;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 25. REGISTER IN CHANCERY OFFICE › § 2502. Location of offices, necessary supplies and equipment.

§ 2502. Location of offices, necessary supplies and equipment.
The State shall provide and assign office space and the necessary equipment and supplies for the Register in Chancery Office in each county of the State and whenever occasion requires, may change such space and assign different space.
73 Del. Laws, c. 91, §  7;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 25. REGISTER IN CHANCERY OFFICE › § 2504. Register in Chancery Office; days open.

§ 2504. Register in Chancery Office; days open.
The Register in Chancery Office shall be open in each county each day except legal holidays, Saturdays and Sundays.
73 Del. Laws, c. 91, §  7;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 25. REGISTER IN CHANCERY OFFICE › § 2505. Disposition of fees.

§ 2505. Disposition of fees.
All the fees, costs, allowances and other perquisites which are taxable and paid to the Register in Chancery Office for any official service rendered shall be for the sole use of the State, and when received shall be paid to the State Treasurer.
73 Del. Laws, c. 91, §  7;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 25. REGISTER IN CHANCERY OFFICE › § 2506. Duty to account for fees.

§ 2506. Duty to account for fees.
The Chief Register in Chancery shall collect all fees, costs and allowances by law taxable by or payable to the Register in Chancery Office, without any deduction, abatement or remission, except fees, costs and allowances payable by the State to such Office, and shall keep in a properly indexed record an itemized account showing the amount of each fee, item of cost and allowance by law taxable by or payable to such Office, and the service for which the same was rendered or charged, the date of payment, and the name of the person paying the same.
73 Del. Laws, c. 91, §  7;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 25. REGISTER IN CHANCERY OFFICE › § 2507. Audit of fees.

§ 2507. Audit of fees.
The books, accounts, papers, records and dockets of the Register in Chancery Office shall be subject to audit, inspection and examination by the State Auditor in accordance with state law.
73 Del. Laws, c. 91, §  7;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 25. REGISTER IN CHANCERY OFFICE › § 2508. Penalties for failure to collect and pay over fees.

§ 2508. Penalties for failure to collect and pay over fees.
If any employee of the Register of Chancery Office neglects or refuses to pay over all fees, costs, allowances and perquisites that employee receives and collects for use of the State, 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 may be prosecuted under any applicable provision of this Code. Such employee 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, failed to collect or improperly received.
73 Del. Laws, c. 91, §  7;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 25. REGISTER IN CHANCERY OFFICE › § 2509. Chief Register in Chancery; duties and power.

§ 2509. Chief Register in Chancery; duties and power.
(a) The Chief Register in Chancery is an employee of the Register in Chancery Office who shall be selected by the Court of Chancery to hold office at the pleasure of the Court. Subject to the supervision of the Court, the Chief Register shall serve as the Clerk of the Court of Chancery and be the administrative head of the Register of Chancery Office and its operations in each county. The Chief Register in Chancery may also appoint other deputies, employ others, issue process, and enter judgment, and do such other things as are according to law and the practice of the Court.
(b) The Chief Register in Chancery may delegate to the Registers in Chancery in each county and other employees of the Register in Chancery Office such duties as the Chief Register deems advisable.
(c) The Chief Register in Chancery shall appoint, with the concurrence of the Court, a Register in Chancery in each county who shall be an employee of the Register in Chancery Office and who shall serve at the pleasure of the Court. The Chief Register in Chancery shall also hire and be responsible for the ultimate supervision, discipline and discharge of the Registers in Chancery and the other employees of the Register in Chancery Office, subject to the provisions of the judicial personnel rules and, in the case of the Registers in Chancery only, approval of the Court.
(d) The Chief Register in Chancery shall furnish to the Board of Assessment or the Department of Finance in each county a report of the changes of ownership of real estate as shown by the records of the Register in Chancery Office. The report shall contain a short description of the property and the names of the persons from whom title was derived and in whom title is vested, as such information appears in the transfers of title.
10 Del. C. 1953, §§  2501, 2504;  23 Del. Laws, c. 60, §  8;  24 Del. Laws, c. 86, §  2;  26 Del. Laws, c. 61;  27 Del. Laws, c. 73, §§  1, 2;  Code 1915, §  1439;  28 Del. Laws, c. 82, §  28;  29 Del. Laws, c. 91;  31 Del. Laws, c. 13, §  16;  32 Del. Laws, c. 67;  33 Del. Laws, c. 84, §  23;  Code 1935, §§  1420, 1453;  35 Del. Laws, c. 79, §§  1, 2;  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;  45 Del. Laws, c. 109, §§  1, 2;  45 Del. Laws, c. 140, §  1;  46 Del. Laws, c. 298, §§  1, 2;  47 Del. Laws, c. 192;  48 Del. Laws, c. 111, §  1;  10 Del. C. 1953, §  2503;  52 Del. Laws, c. 332, §  2;  53 Del. Laws, c. 36;  55 Del. Laws, c. 38;  55 Del. Laws, c. 85, §§  32O, 32P;  55 Del. Laws, c. 87;  57 Del. Laws, c. 216, §  2;  57 Del. Laws, c. 762, §  31B;  60 Del. Laws, c. 217, §  1;  61 Del. Laws, c. 485, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 91, §  7;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 25. REGISTER IN CHANCERY OFFICE › § 2510. Compensation.

§ 2510. Compensation.
The compensation for the Chief Register in Chancery, the Registers in Chancery, and other employees of the Register in Chancery Office shall be as provided for in the annual Appropriations Act.
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;  46 Del. Laws, c. 298, §  1;  10 Del. C. 1953, §  2502;  49 Del. Laws, c. 282, §  3;  49 Del. Laws, c. 307;  50 Del. Laws, c. 422, §  1;  52 Del. Laws, c. 52, §  3;  52 Del. Laws, c. 174, §  2;  53 Del. Laws, c. 222, §  7;  54 Del. Laws, c. 23, §  9;  54 Del. Laws, c. 215, §  7;  55 Del. Laws, c. 39;  56 Del. Laws, c. 204, §  1;  57 Del. Laws, c. 692, §  9;  59 Del. Laws, c. 514, §  1;  61 Del. Laws, c. 506, §  8;  65 Del. Laws, c. 163, §  8;  65 Del. Laws, c. 216, §  5;  67 Del. Laws, c. 255, §  6;  68 Del. Laws, c. 234, §  4;  73 Del. Laws, c. 91, §  7;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 28. JUSTICE OF THE PEACE CONSTABLES › § 2801. Appointment.

§ 2801. Appointment.
The Chief Magistrate of the Justice of the Peace Court system, or, if there is a vacancy in the office of Chief Magistrate, the Chief Justice of the Supreme Court, shall appoint such numbers of justice of the peace constables as shall be necessary to handle all process of the justices of the peace appointed pursuant to Chapter 92 of this title.
10 Del. C. 1953, §  2801;  55 Del. Laws, c. 21;  64 Del. Laws, c. 271, §  1;  65 Del. Laws, c. 411, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 28. JUSTICE OF THE PEACE CONSTABLES › § 2802. Duties; exclusive authority.

§ 2802. Duties; exclusive authority.
(a) The justice of the peace constables appointed pursuant to this chapter shall handle the process of the justices of the peace appointed pursuant to Chapter 92 of this title.
(b) Notwithstanding any other law, no constables appointed by any authority in this State shall be authorized to execute orders, warrants and other process directed to the constable by a justice of the peace pursuant to Chapter 92 of this title, unless the constable has been appointed pursuant to this chapter.
(c) Notwithstanding any other law, a justice of the peace constable appointed pursuant to this chapter shall have the authority to undertake the following duties:
(1) Execute all lawful orders, warrants and other process directed to the constable by a justice of the peace;
(2) Execute all writs of possession issued pursuant to § 5715 of Title 25 directed to the constable by a justice of the peace;
(3) Execute on all civil judgments directed to the constable by a justice of the peace;
(4) Serve all civil summonses directed to the constable by a justice of the peace;
(5) Serve all subpoenas directed to the constable by a justice of the peace;
(6) Transport all detentioners or convicted offenders to any Department of Correction facility pursuant to a commitment order directed to the constable by a justice of the peace;
(7) Execute on all capiases directed to the constable by a justice of the peace and issued by a justice of the peace;
(8) Conduct Justice of the Peace Court judicial levies and sales directed to the constable by a justice of the peace;
(9) Maintain the security and order in any Justice of the Peace Court and arrest all persons who shall commit any breach of the peace or contempt in said Court; and
(10) Perform any other related law-enforcement function required to maintain the dignity, integrity and security of the Justice of the Peace Court system.
10 Del. C. 1953, §  2803;  55 Del. Laws, c. 21;  65 Del. Laws, c. 411, §  1;  70 Del. Laws, c. 232, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 28. JUSTICE OF THE PEACE CONSTABLES › § 2803. Salary and term; mileage.

§ 2803. Salary and term; mileage.
(a) (1) Justice of the peace constables appointed pursuant to this chapter shall be subject to all the rules and regulations as delineated in Chapter 59 of Title 29 dealing with merit system administration and shall be compensated in accordance with the State's uniform pay plan.
(2) All moneys collected by justice of the peace constables for fines, costs, fees or forfeitures shall be for the use of the State, except where otherwise directed by law.
(b) In addition to a salary, each justice of the peace constable shall be entitled to receive mileage at the rate of 25 cents per mile for each mile necessarily travelled in the necessary discharge of duties as constable. Each justice of the peace constable, on the last day of each month, shall present to the State Treasurer an itemized and verified account of all mileage fees incurred as aforesaid, and the State Treasurer shall pay the amount thereof to the constable. The total charge for mileage thus compiled in each case shall be charged as costs in the case and when collected shall be paid to the State Treasurer.
10 Del. C. 1953, §  2804;  55 Del. Laws, c. 21;  55 Del. Laws, c. 285;  56 Del. Laws, c. 176;  57 Del. Laws, c. 577;  59 Del. Laws, c. 329, §  1;  64 Del. Laws, c. 334, §  63(b);  65 Del. Laws, c. 411, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 132, §  38(b);
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 28. JUSTICE OF THE PEACE CONSTABLES › § 2804. Location.

§ 2804. Location.
In the counties of this State there shall be at least the following number of justice of the peace constables:
New Castle
16
Kent
5
Sussex
7
10 Del. C. 1953, §  2805;  55 Del. Laws, c. 21;  65 Del. Laws, c. 411, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 28. JUSTICE OF THE PEACE CONSTABLES › § 2805. Residence requirement.

§ 2805. Residence requirement.
Every justice of the peace constable appointed pursuant to this chapter shall reside within the State. If the constable removes from the State, the office shall thereupon become vacant.
10 Del. C. 1953, §  2807;  55 Del. Laws, c. 21;  65 Del. Laws, c. 411, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 161, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 28. JUSTICE OF THE PEACE CONSTABLES › § 2806. Training.

§ 2806. Training.
Every justice of the peace constable appointed pursuant to this chapter shall receive annual firearms training and training in the use of deadly force. Any justice of the peace constable not so trained is prohibited from carrying a firearm while on duty. In addition, justice of the peace constables shall receive annually such other training as is deemed appropriate by the Chief Magistrate. In all cases, however, a justice of the peace constable must meet the minimum standards established by the Police Officer Standards and Training Commission for part-time police officers or the equivalent thereof approved by the Board.
65 Del. Laws, c. 411, §  1;  84 Del. Laws, c. 149, § 4;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 28. JUSTICE OF THE PEACE CONSTABLES › § 2807. Prohibited activities and employments.

§ 2807. Prohibited activities and employments.
A justice of the peace constable appointed pursuant to this chapter shall not receive any other fees or emoluments for discharging judicial duties, except as may otherwise be provided by law, or engage in any occupation concerned with or growing out of the collection of any judgment rendered by a justice, or engage in the private security business under Chapter 12 or Chapter 13 of Title 24 or hold any state office, or be employed by the State in any other capacity.
65 Del. Laws, c. 411, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 425, § 4;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 28. JUSTICE OF THE PEACE CONSTABLES › § 2808. Jurisdiction.

§ 2808. Jurisdiction.
The jurisdiction of the justice of the peace constables appointed pursuant to this chapter shall extend throughout the State.
10 Del. C. 1953, §  2808;  55 Del. Laws, c. 21;  65 Del. Laws, c. 411, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 29. CODE ENFORCEMENT AND ANIMAL WELFARE OFFICERS › § 2901. Appointment.

§ 2901. Appointment.
The chief executive officer of any county or municipal corporation, or the Housing Director, in the case of the enforcement of the State Housing Code contained in Chapter 41 of Title 31, may appoint and employ such numbers of code enforcement constables as shall be necessary to enforce all ordinances pertaining to building, housing, sanitation, or public health codes.
65 Del. Laws, c. 364, §  1;  67 Del. Laws, c. 386, §  17;  77 Del. Laws, c. 251, §§  2, 3;  80 Del. Laws, c. 248, § 7;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 29. CODE ENFORCEMENT AND ANIMAL WELFARE OFFICERS › § 2902. Duties; limited authority.

§ 2902. Duties; limited authority.
(a) The code enforcement constables appointed pursuant to this chapter may enforce only those codes and ordinances pertaining to building, housing, sanitation, zoning, or public health.
(b) Notwithstanding any other law, a code enforcement constable appointed pursuant to this chapter shall not have jurisdiction outside the limits of the county or municipal corporation employing such constable. Provided, however, that a code enforcement constable appointed by the Housing Director shall have jurisdiction throughout the State to enforce the provisions of the State Housing Code in a county or municipality which has not adopted and/or undertaken to enforce the State Housing Code after July 12, 1988. In addition to the other powers set forth herein, such housing code enforcement constables may impose a voluntary assessment of $100 in cases involving first offenders of the State Housing Code.
(c) Code enforcement constables appointed pursuant to this chapter shall not be permitted to carry firearms while on duty as such.
(d) Notwithstanding any other law, a code enforcement constable may lawfully issue a summons to any person the constable has reasonable grounds to believe has committed an offense against any ordinance pertaining to building, housing, sanitation, animal control, zoning, or public health code of the county or municipal corporation by whom the constable is employed, directing the person to appear before a court having jurisdiction over such offense whether or not the offense was committed in the constable's presence.
(e) Any summons issued by a housing official with constable powers may, in cases involving first offenders, provide that in lieu of appearing in court, the offender may remit a voluntary assessment of $100.
(f) Any summons issued by a New Castle County code enforcement constable may provide that, in lieu of appearing in court, the offender may correct the offense and remit a voluntary assessment of up to $200 for each offense against any ordinance pertaining to building, housing, sanitation, zoning or public health code of New Castle County. The summons may provide that each day such violation continues shall constitute a separate offense.
65 Del. Laws, c. 364, §  1;  66 Del. Laws, c. 218, §§  1, 2;  67 Del. Laws, c. 386, §§  18, 19;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 212, §  1;  77 Del. Laws, c. 251, §§  4-6;  80 Del. Laws, c. 248, § 8;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 29. CODE ENFORCEMENT AND ANIMAL WELFARE OFFICERS › § 2902A. Prohibition against the issuance of a search warrant where probable cause does not exist.

§ 2902A. Prohibition against the issuance of a search warrant where probable cause does not exist.
Notwithstanding any state or local law, statute, ordinance or regulation to the contrary, no warrant to search any house, building, structure, place, conveyance or thing located in Sussex County shall be issued except upon probable cause supported by oath or affirmation as required by article I, § 6 of the Delaware Constitution of 1897.
71 Del. Laws, c. 262, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 31. PROCESS; COMMENCEMENT OF ACTIONS › § 3101. Date and return of writs commencing actions.

§ 3101. Date and return of writs commencing actions.
Every writ used for the commencement of an action shall bear date on the day it was issued and shall be returnable on the day fixed by the rules of the court issuing the writ, or, if there be no such rule, on the day fixed by statute.
Code 1852, §  2237;  Code 1915, §  4085;  Code 1935, §  4576;  10 Del. C. 1953, §  3101;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 31. PROCESS; COMMENCEMENT OF ACTIONS › § 3102. Payment of costs by nonresidents for issuance or execution of writs.

§ 3102. Payment of costs by nonresidents for issuance or execution of writs.
No prothonotary, Register in Chancery, clerk of any court, or justice of the peace in this State shall be compelled to issue any writ or other original process in a civil action, or any writ of execution on any judgment, in favor of any person not a resident of this State, unless the costs of the issuing of such writ are first paid or tendered to such officer; nor shall any sheriff or constable be compelled to execute any such writ until the legal fees for such services are first paid or tendered to such officer by the plaintiff in such action, the plaintiff's attorney or agent; any law, custom or usage of this State to the contrary notwithstanding.
12 Del. Laws, c. 266;  Code 1915, §  4086;  Code 1935, §  4577;  10 Del. C. 1953, §  3102;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 117, § 5;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 31. PROCESS; COMMENCEMENT OF ACTIONS › § 3103. Service and return of summons.

§ 3103. Service and return of summons.
(a) A writ of summons may be served on the defendant in the manner prescribed by any rule of court, or by stating the substance of it to the defendant personally, or by leaving a copy of it at the defendant's usual place of abode, in the presence of some adult person, 6 days before the return thereof.
(b) The officer serving a summons shall state the officer's return the time and manner of service.
(c) No service of summons upon the State, or upon any administrative office, agency, department, board or commission of the state government, or upon any officer of the state government concerning any matter arising in connection with the exercise of his or her official powers or duties, shall be complete until such service is made upon the person of the Attorney General or upon the person of the State Solicitor or upon the person of the Chief Deputy Attorney General.
Code 1852, §§  2238, 2239;  Code 1915, §  4087;  Code 1935, §  4578;  10 Del. C. 1953, §  3103;  59 Del. Laws, c. 159, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 31. PROCESS; COMMENCEMENT OF ACTIONS › § 3105. Service and return of scire facias.

§ 3105. Service and return of scire facias.
In every case in which a writ of scire facias may by law be issued, it shall be served and returned in the same manner as is provided in case of an original summons.
Code 1852, §  2241(a);  Code 1915, §  4090;  Code 1935, §  4581;  10 Del. C. 1953, §  3105;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 31. PROCESS; COMMENCEMENT OF ACTIONS › § 3106. Service of capias ad respondendum.

§ 3106. Service of capias ad respondendum.
A writ of capias ad respondendum is served by arresting the defendant, but the defendant shall be discharged upon giving sufficient bail.
Code 1852, §  2242;  Code 1915, §  4091;  Code 1935, §  4582;  10 Del. C. 1953, §  3106;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 31. PROCESS; COMMENCEMENT OF ACTIONS › § 3107. Arrest of nonresident on mesne process in suit by nonresident.

§ 3107. Arrest of nonresident on mesne process in suit by nonresident.
It shall not be lawful, at the suit of any nonresident, to arrest and hold to bail on mesne process any person who is a nonresident of this State at the time of issuing such process against such person, for any debt contracted without the limits of this State. If any such nonresident is so arrested, he or she may apply by petition in writing to any judge of this State, setting forth his or her residence and the state in which the debt was contracted, and the judge, on the production of satisfactory proof that the plaintiff was a nonresident at the time of issuing the process, and also that the petitioner is a nonresident of this State, and that the debt on which the petitioner was arrested was not contracted in this State, shall discharge the petitioner from custody. This section shall not be construed as affecting in any degree the law of attachment.
12 Del. Laws, c. 211;  Code 1915, §  4092;  Code 1935, §  4583;  10 Del. C. 1953, §  3107;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 31. PROCESS; COMMENCEMENT OF ACTIONS › § 3108. Prerequisites for issuance of capias ad respondendum.

§ 3108. Prerequisites for issuance of capias ad respondendum.
(a) No writ of capias ad respondendum shall be issued against any citizen of this State, in any civil action, unless the plaintiff therein, or if there be more than 1, some 1 or more of the plaintiffs, has made a written affidavit, and filed the same in the office of the prothonotary of the Superior Court of the county out of which the writ is to issue, stating that, to the best of his or her belief, the defendant has absconded, or is about to abscond from the place of the defendant's usual abode; or that the defendant is justly indebted to the plaintiff, in a sum exceeding $50, and that he or she verily believes the defendant has secreted, conveyed away, assigned, settled or disposed of, either money, goods, chattels, stock, securities for money, or other personal estate or real estate of the value of more than $100, with intent to defraud his or her creditors, and shall, moreover, in such affidavit, specify and set forth the supposed fraudulent transactions. This section shall not apply where the action is for libel, slander or injury to the person or property, accompanied by violence, if any affidavit of the cause of action is filed with the praecipe.
(b) The Superior Court, upon the petition of any person arrested and upon reasonable notice in writing to the party in whose favor the process issued, or such party's attorney or agent, shall investigate the allegations contained in any affidavit made and filed under this section, that the defendant has absconded or is about to abscond from the place of his or her usual abode, and the allegations and specifications of fraud contained in such affidavit. If, upon such investigation, the Court or Judge considers that there was not or is not sufficient cause for the arrest, the person arrested shall be discharged, and the plaintiff shall pay the costs. The Court or Judge may make and enforce all necessary and proper orders in the premises.
15 Del. Laws, c. 180;  16 Del. Laws, c. 530;  Code 1915, §  4093;  Code 1935, §  4584;  10 Del. C. 1953, §  3108;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 31. PROCESS; COMMENCEMENT OF ACTIONS › § 3109. Amicable actions.

§ 3109. Amicable actions.
Any persons willing to become parties to an amicable action may enter into an agreement in writing for that purpose, either personally or by their agents or attorneys. On filing such agreement with the prothonotary, the prothonotary shall docket the action in the Superior Court, and from the time of such entry the action shall be deemed to be depending in the same manner as if the defendant had appeared to a summons issued against him or her by the plaintiff.
Code 1852, §  2243;  Code 1915, §  4094;  Code 1935, §  4585;  10 Del. C. 1953, §  3109;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 31. PROCESS; COMMENCEMENT OF ACTIONS › § 3110. Commencement of actions by attachment.

§ 3110. Commencement of actions by attachment.
Actions may be begun by attachment as provided in Chapter 35 of this title.
Code 1915, §  4097;  Code 1935, §  4588;  10 Del. C. 1953, §  3110;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 31. PROCESS; COMMENCEMENT OF ACTIONS › § 3111. Actions against corporations; service of process.

§ 3111. Actions against corporations; service of process.
(a) Actions may be brought against any corporation, at law or in chancery, by summons. Process may be served on the president, or head officer, if residing in the State, and if not, on any officer, director, or manager of the corporation. When a cause of action arises in this State against any corporation incorporated outside of this State, and there is no president or head officer of such corporation or any officer, director or manager thereof resident in this State, nor any certified agent thereof, for the service of process, resident in this State, process against such corporation may be served upon any agent of such corporation then being in the State. If such corporation appears, the action shall proceed as in other cases, and if it fails to appear, the plaintiff shall have judgment by default, service of the process being first proved. In an action upon the note of a bank, payable at one of its branches, service of process upon the president or cashier of that branch shall be sufficient. Copies of any rules of court, notice, proceeding, or order, may be served in the same way as original process or upon the attorney of record.
(b) In any action against a corporation whose officers reside out of the State, process may be served by publishing the substance thereof in a newspaper of this State, and of the state where the head officer resides, 20 days before the return thereof, and such service shall be sufficient.
(c) In respect to such corporation, 10 days notice of any motion, rule, order, or other matter or proceeding is sufficient. Such notice may be served personally on the president, any director or manager, or on the attorney of the corporation, or by copy of the rule or other matter sent by mail to the president or head officer at his or her usual place of abode, or by publishing the same in a newspaper near thereto.
(d) Service upon corporations may also be made as provided by § 321 of Title 8.
Code 1852, §§  1246-1248;  21 Del. Laws, c. 273, §  43;  22 Del. Laws, c. 166, §  2;  Code 1915, §  4098;  29 Del. Laws, c. 257;  Code 1935, §  4589;  10 Del. C. 1953, §  3111;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 31. PROCESS; COMMENCEMENT OF ACTIONS › § 3113. Service of process on resident owner and operator of motor vehicles who depart from the State after an accident.

§ 3113. Service of process on resident owner and operator of motor vehicles who depart from the State after an accident.
Section 3104 of this title shall also apply to a resident who departs from the State subsequent to the accident or collision and remains absent therefrom for 30 days continuously, whether such absence is intended to be temporary or permanent, and to any executor or administrator of such resident.
10 Del. C. 1953, §  3113;  54 Del. Laws, c. 249;  76 Del. Laws, c. 329, §  4;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 35. ATTACHMENTS › § 3501. Domestic attachment; when writ may be issued.

§ 3501. Domestic attachment; when writ may be issued.
A writ of domestic attachment may be issued against an inhabitant of this State upon proof satisfactory to the court that the defendant cannot be found, or that the defendant is justly indebted to the plaintiff in a sum exceeding $50, and has absconded from the defendant's usual place of abode or is about to leave the State or has gone out of the State with intent to defraud his or her creditors or to elude process.
Code 1852, §  2264;  Code 1915, §  4118;  Code 1935, §  4606;  10 Del. C. 1953, §  3501;  52 Del. Laws, c. 341;  70 Del. Laws, c. 186, §  1;