Title 9 — Counties

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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 In New Castle County the provisions of [former] subchapter IX of Chapter 13 of this title [repealed] shall apply.9 Del.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;

§ 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;

§ 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 Election, qualifications and term [Repealed].19 Del.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…

§ 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.;

§ 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.;

§ 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.;

§ 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…

§ 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,…

§ 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…

§ 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, §…

§ 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.;

§ 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.;

§ 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.;

§ 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.;

§ 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…

§ 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…

§ 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…

§ 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, …

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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 rece…

§ 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, §…

§ 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 t…

§ 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 …

§ 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 …

§ 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 stre…

§ 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;

§ 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 t…

§ 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 …

§ 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, §§…

§ 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 o…

§ 9603. Deputies and employees. The recorders in Kent and Sussex Counties may employ such chief deputy, deputies and clerks as are authorized by the governments of the counties, at compensations fixed by such governments. In Kent County, minimum qualifications may be established …

§ 9604. Inventory of books and records [Repealed]. Repealed by 72 Del. Laws, c. 28, § 1, effective May 12, 1999.

§ 9605. Recordation of instruments [For application of this section, see 85 Del. Laws, c. 137, § 12]. (a) Each recorder shall record, within a reasonable time, deeds, indentures, letters of attorney relating to land, mortgages, releases of lien of mortgages, leases, releases, ass…

§ 9606. Recordation of instruments; duties. When a document is lodged for recording in the recorder’s office and the fees paid, the recorder shall note upon it the day, month and year, and in case of any mortgage, the hour and minute of its being so lodged, and shall record the s…

§ 9607. Collection of recording fees; certain taxes; Housing Development Fund surcharge; Delaware Cultural Access Fund fee. (a) The recorder may require the payment of fees for recording any instrument as soon as the recorder shall have noted the date of reception on such instrum…

§ 9608. Assignment record. Each recorder shall keep an assignment record and index thereof. There shall be recorded in such record the assignment of all mortgages and other instruments which are by law recorded in his or her office.12 Del. Laws, c. 110; Code 1915, § 1375; Code 19…

§ 9609. Separate books for maps and plots. Each recorder shall record all maps and plots of real estate, presented to his or her office for recording, in separate volumes. The recorder shall make and preserve, in proper index books, an accurate index of all such maps and plots.43…

§ 9610. Recording of official obligations; notation of cancellation. (a) Each recorder shall record the official obligations of constables, registers of wills, Prothonotaries, clerks of the peace, Registers in Chancery, and preserve the original in his or her office, those for ea…

§ 9611. Recordation of instruments containing certificate of notarial act. (a) Any document presented to the recorder for recording which contains a certificate of a notarial act as defined by §§ 4316(5) and 4328 of Title 29 (existing or as amended), shall, in addition to other m…

§ 9612. Recorded instrument or certified copy thereof as evidence. The record of any instrument of writing, authorized by law to be recorded in the recorder’s office, or a duly certified copy of such record, or the record of forms required by § 9605(b) of this title, shall be evi…