TITLE 10

Courts and Judicial Procedure

Court Officers and Employees

CHAPTER 21. SHERIFF


The Sheriffs of New Castle, Kent and Sussex Counties shall only receive compensation for the performance of their official duties in the form of an annual salary as fixed by their representative county governments. The New Castle County government, the Kent County Levy Court, and the Sussex County Council shall set the annual salaries for each representative sheriff. The sheriffs shall henceforth not be allowed to keep or retain as additional compensation any fees, costs, allowances and other perquisites paid to or collected by them for any service rendered by them as county officers or rendered by them in the name of their office.

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, § 2101; 49 Del. Laws, c. 282, § 1; 49 Del. Laws, c. 308; 50 Del. Laws, c. 480, § 1; 52 Del. Laws, c. 174, § 3; 53 Del. Laws, c. 222, § 5; 54 Del. Laws, c. 23, § 8; 54 Del. Laws, c. 215, § 9; 57 Del. Laws, c. 692, § 7; 61 Del. Laws, c. 506, § 6; 62 Del. Laws, c. 272, § 1; 63 Del. Laws, c. 96, § 1; 65 Del. Laws, c. 163, § 1; 65 Del. Laws, c. 216, § 3; 67 Del. Laws, c. 255, § 8; 68 Del. Laws, c. 234, § 3; 69 Del. Laws, c. 184, § 1.;

The sheriffs in the respective counties may select and employ deputies listed below:

Kent and Sussex Counties: such chief deputy, deputies and clerks as are authorized by the Levy Court or County Council of the county, at compensation fixed by such Levy Court or County Council. 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 Sheriff.

23 Del. Laws, c. 60, § 8; 24 Del. Laws, c. 83, § 1; 24 Del. Laws, c. 86, § 2; 27 Del. Laws, c. 73; Code 1915, § 1439; 29 Del. Laws, c. 91; 32 Del. Laws, c. 67; 34 Del. Laws, c. 98, § 1; 34 Del. Laws, c. 99, § 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; 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, § 2102; 55 Del. Laws, c. 85, § 32J; 74 Del. Laws, c. 45, § 5.;

Sheriffs and deputy sheriffs shall not have any arrest authority. However, sheriffs and deputy sheriffs may take into custody and transport a person when specifically so ordered by a judge or commissioner of Superior Court.

23 Del. Laws, c. 60, § 13; Code 1915, § 1443; Code 1935, § 1602; 10 Del. C. 1953, § 2103; 55 Del. Laws, c. 85, § 32K; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 266, § 16.;

(a) The sheriff of each county, in person or by a deputy, shall attend the several courts of law and equity during every term thereof in the sheriff's county. The neglect of this duty shall be deemed a contempt of court.

(b) The Sheriff of Kent County shall attend the Supreme Court during its sessions and shall be the officer for executing the process and orders of that Court.

Code 1852, §§ 579, 580; 21 Del. Laws, c. 117, § 2; Code 1915, §§ 1331, 1332, 3709; Code 1935, §§ 1509, 1510, 4262; 47 Del. Laws, c. 190; 48 Del. Laws, c. 258, § 1; 10 Del. C. 1953, § 2104; 70 Del. Laws, c. 186, § 1.;

The sheriffs of the respective counties are required, as often as there may be occasion, to summon all inquests or jurors, which sheriffs ought to summon, and witnesses necessary for executing justice. For every neglect or default under this section, every sheriff shall be fined $50. The sheriff shall further be liable in damages to any party injured by such neglect or default. The sheriff shall collect no fees, costs or mileage fees from the office of the Attorney General for the service of subpoenas.

Code 1935, § 1512; 10 Del. C. 1953, § 2105; 64 Del. Laws, c. 90, § 65A; 64 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;

(a) The sheriffs of the respective counties shall procure proper books and enter therein the disposition of all moneys arising from the sale of property under execution process, when the same is applicable otherwise than to executions in their hands.

(b) The books shall be furnished by the Levy Court or County Council, and shall be kept in the prothonotary's office of each county, as other records are kept, to be taken from there only by the sheriffs when it is necessary to make entries therein. The compensation of sheriffs, for every such entry, shall not be less than 50 cents, unless the entries shall exceed 5 in number, when it shall be 10 cents for every such entry, and such charge shall be included in the costs charged by the sheriff.

(c) When an execution is settled in whole or in part to the sheriff, the sheriff shall return such settlement, as required by § 4755 of this title. Upon the sale of real estate under execution process, the sheriff shall, upon return to such process, show to what liens the money arising from such sale has been applied and how much has been applied to each lien, as provided by § 4756 of this title.

Code 1915, § 1330; Code 1935, § 1508; 10 Del. C. 1953, § 2106; 70 Del. Laws, c. 186, § 1.;

The sheriff shall endorse and return upon every writ, process or copy of an order of court, directed to or executed by the sheriff, the fees prescribed by law for all services under the same, specifying particularly every item. The sheriff shall not charge thereon a fee for any service not expressly provided for by law, nor a greater fee than is so provided. The sheriff shall not endorse or return a fee for any service not performed at the time the return is in fact made. If any sheriff fails to endorse such fees, or to specify the items, or in such endorsement and return any fee for any service not performed at the time the return is made, he or she shall be deemed derelict in the performance of his or her duties; but shall, nevertheless, pay such fees to the county treasurer.

Code 1852, §§ 587, 588; Code 1915, § 1337; Code 1935, § 1515; 10 Del. C. 1953, § 2107; 70 Del. Laws, c. 186, § 1.;

The sheriff of each county shall, upon the receipt of an advertisement from any constable of the county, enter the time and place of such sale, the name of the defendant and constable.

14 Del. Laws, c. 379; Code 1915, § 1339; Code 1935, § 1517; 10 Del. C. 1953, § 2108.;

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.;

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.;

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.;

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.;

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.;

26 Del. Laws, c. 162, § 7; Code 1915, § 1345; Code 1935, § 1518; 10 Del. C. 1953, § 2114; 70 Del. Laws, c. 221, §§ 1, 2; repealed by 78 Del. Laws, c. 266, § 17, eff. June 19, 2012.;