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Delaware Statutes, Title 9

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Delaware/Statutes

← All Delaware coverage

Title 9, Counties

65 chapters · 1,337 sections in this title.

All chapters in Title 91,337 Ch 5, SUBURBAN COMMUNITY IMPROVEMENTS65 Ch 11, COUNTY EXECUTIVE AND COUNTY COUNCIL62 Ch 13, COUNTY DEPARTMENTS61 Ch 46, Sewers and Sewer Districts61 Ch 83, VALUATION AND ASSESSMENT OF PROPERTY59 Ch 87, COLLECTION OF DELINQUENT TAXES54 Ch 41, GOVERNMENT OF KENT COUNTY43 Ch 3, COUNTY GOVERNMENTS GENERALLY42 Ch 49, ZONING41 Ch 69, ZONING41 Ch 7, PARK DISTRICTS40 Ch 22, SEWERS37 Ch 45, SEWERS AND WATER35 Ch 6, SUBURBAN PARKS AND RECREATION32

1,337 sections·Filtered byTitle 9✕

9 Del. C. § 9103. Record books and supplies.
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§ 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, th…
9 Del. C. § 9104. Records.
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§ 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;
9 Del. C. § 9105. County offices; days open; penalties.
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§ 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 …
9 Del. C. § 9106. Saturday as legal holiday for New Castle County and City of Wilmington.
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§ 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 gover…

9 Del. C. § 9107. Authorization to pay employees on day preceding holiday.

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§ 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, …

9 Del. C. § 9108. Disposition of fees.

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§ 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 t…

9 Del. C. § 9109. Duty to account for fees.

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§ 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 …

9 Del. C. § 9110. Fee book; inspection and examination.

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§ 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 …

9 Del. C. § 9111. Audit of fees.

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§ 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 am…

9 Del. C. § 9112. Liability for fees.

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§ 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 …

9 Del. C. § 9113. Penalties for failure to collect and pay over fees.

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§ 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…

9 Del. C. § 9114. Bonds of recorder, clerk of the peace and register of wills.

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§ 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 o…

9 Del. C. § 9115. Bond of Register in Chancery [Repealed].

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§ 9115. Bond of Register in Chancery [Repealed]. Repealed by 73 Del. Laws, c. 91, § 2, effective Jan. 1, 2002.

9 Del. C. § 9116. Cancellation of bonds.

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§ 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 t…

9 Del. C. § 9117. Satisfaction of bonds.

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§ 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 …

9 Del. C. § 9118. Bond of sheriffs.

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§ 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 sur…

9 Del. C. § 9119. Violation of bond requirements; penalty.

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§ 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 hi…

9 Del. C. § 9120. Bonds of officers in Sussex County.

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§ 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 enterin…

9 Del. C. § 9121. Uniform mileage payments.

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§ 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 …

9 Del. C. § 9122. Posting of fee lists.

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§ 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, § …

9 Del. C. § 9123. Construction of fee provisions; time for payment of fees.

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§ 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. § 9124. Payment of salaries.

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§ 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 t…

9 Del. C. § 9125. Chief deputies.

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§ 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 a…

9 Del. C. § 9201. Duties and responsibilities of officers appointing deputies and clerks.

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§ 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 a…

9 Del. C. § 9202. Powers and duties of chief deputies.

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§ 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 …

9 Del. C. § 9203. Payment of salaries.

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§ 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 the…

9 Del. C. § 9204. Employment of extra clerks.

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§ 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 Ju…

9 Del. C. § 9205. Application in New Castle County.

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§ 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;

9 Del. C. § 9206. Application in Sussex County.

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§ 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;

9 Del. C. § 9301. Election, qualifications and term [Repealed].

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§ 9301. Election, qualifications and term [Repealed].19 Del. Laws, c. 26, § 16; 26 Del. Laws, c. 83, § 1; 26 Del. Laws, c. 84, § 1; Code 1915, § 1273; Code 1935, § 1476; 9 Del. C. 1953, § 9301; 55 Del. Laws, c. 85, § 28A; 65 Del. Laws, c. 360, § 1; 70 Del. Laws, c. 186, § 1; repe…

9 Del. C. § 9302. Bond [Repealed].

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§ 9302. Bond [Repealed].19 Del. Laws, c. 26, § 16; 26 Del. Laws, c. 83, § 1; 26 Del. Laws, c. 84, § 1; Code 1915, § 1273; Code 1935, § 1476; 9 Del. C. 1953, § 9302; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 213, § 7; repealed by 80 Del. Laws, c. 209, § 1.;

9 Del. C. § 9303. Oath [Repealed].

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§ 9303. Oath [Repealed].19 Del. Laws, c. 26, § 16; 26 Del. Laws, c. 83, § 1; 26 Del. Laws, c. 84, § 1; Code 1915, § 1273; Code 1935, § 1476; 9 Del. C. 1953, § 9303; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 213, § 8; repealed by 80 Del. Laws, c. 209, § 1.;

9 Del. C. § 9304. Vacancy; appointment of successor [Repealed].

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§ 9304. Vacancy; appointment of successor [Repealed].19 Del. Laws, c. 26, §§ 16, 20; 26 Del. Laws, c. 83, §§ 1, 5; 26 Del. Laws, c. 84, §§ 1, 5; Code 1915, §§ 1273, 1276; Code 1935, §§ 1476, 1479; 9 Del. C. 1953, § 9304; repealed by 80 Del. Laws, c. 209, § 1.;

9 Del. C. § 9305. Duties and powers [Repealed].

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§ 9305. Duties and powers [Repealed].19 Del. Laws, c. 26, §§ 12, 17; 20 Del. Laws, c. 386, § 1; 22 Del. Laws, c. 273, § 3; 23 Del. Laws, c. 60, § 5; 26 Del. Laws, c. 83, §§ 2, 8; 26 Del. Laws, c. 84, §§ 2, 8; 27 Del. Laws, c. 93, § 1; 27 Del. Laws, c. 275; Code 1915, § 1274; Code…

9 Del. C. § 9306. Compensation [Repealed].

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§ 9306. Compensation [Repealed].19 Del. Laws, c. 26, § 20; 24 Del. Laws, c. 80, § 1; 26 Del. Laws, c. 83, § 5; 26 Del. Laws, c. 84, § 5; 27 Del. Laws, c. 94, § 1; Code 1915, §§ 1275, 1438; 29 Del. Laws, c. 77, § 1; 30 Del. Laws, c. 84, § 1; 31 Del. Laws, c. 15, § 1; 32 Del. Laws,…

9 Del. C. § 9307. Deputy Comptroller; employment; salary [Repealed].

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§ 9307. Deputy Comptroller; employment; salary [Repealed].30 Del. Laws, c. 84, § 1; 35 Del. Laws, c. 76, § 1; Code 1935, § 1478; 43 Del. Laws, c. 115, § 1; 44 Del. Laws, c. 96, § 1; 44 Del. Laws, c. 97, § 1; 45 Del. Laws, c. 109, §§ 1, 2; 45 Del. Laws, c. 139; 46 Del. Laws, c. 29…

9 Del. C. § 9308. Assistants and clerical help [Repealed].

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§ 9308. Assistants and clerical help [Repealed].19 Del. Laws, c. 26, § 21; 26 Del. Laws, c. 83, § 6; 26 Del. Laws, c. 84, § 6; Code 1915, § 1275; 29 Del. Laws, c. 77, § 1; Code 1935, § 1478; 9 Del. C. 1953, § 9308; 53 Del. Laws, c. 8; 53 Del. Laws, c. 236; 70 Del. Laws, c. 186, §…

9 Del. C. § 9309. Removal from office for neglect or malfeasance [Repealed].

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§ 9309. Removal from office for neglect or malfeasance [Repealed].19 Del. Laws, c. 26, § 20; 26 Del. Laws, c. 83, § 5; 26 Del. Laws, c. 84, § 5; Code 1915, § 1276; Code 1935, § 1479; 9 Del. C. 1953, § 9309; repealed by 80 Del. Laws, c. 209, § 1.;

9 Del. C. § 9310. Comptroller of Sussex County; appointment as notary public [Repealed].

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§ 9310. Comptroller of Sussex County; appointment as notary public [Repealed].Code 1915, § 1274A; 29 Del. Laws, c. 76, § 1; Code 1935, § 1477; 9 Del. C. 1953, § 9310; 70 Del. Laws, c. 186, § 1; repealed by 80 Del. Laws, c. 209, § 1.;

9 Del. C. § 9311. Power of comptroller with respect to warrants [Repealed].

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§ 9311. Power of comptroller with respect to warrants [Repealed].31 Del. Laws, c. 13, § 10; Code 1935, § 1190; 9 Del. C. 1953, § 9311; 70 Del. Laws, c. 186, § 1; repealed by 80 Del. Laws, c. 209, § 1.;

9 Del. C. § 9312. Construction [Repealed].

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§ 9312. Construction [Repealed].9 Del. C. 1953, § 9312; 57 Del. Laws, c. 762, § 27; 70 Del. Laws, c. 186, § 1; repealed by 80 Del. Laws, c. 209, § 1.;

9 Del. C. § 9401. Oath and bond.

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§ 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; Cod…

9 Del. C. § 9402. Compensation.

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§ 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 a…

9 Del. C. § 9403. Deputies and clerks.

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§ 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 establ…

9 Del. C. § 9404. Clerk of the county government.

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§ 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, …

9 Del. C. § 9405. Duties as clerk of the county government.

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§ 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 gov…

9 Del. C. § 9406. Deposit of public moneys; penalty.

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§ 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 h…

9 Del. C. § 9407. Monthly accounting to State Treasurer; penalties.

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§ 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 …

9 Del. C. § 9408. Audit; penalty.

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§ 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 age…

9 Del. C. § 9409. Transcripts concerning county accounts.

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§ 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 amoun…