TITLE 10

Courts and Judicial Procedure

Court Officers and Employees

CHAPTER 25. Register in Chancery Office

§ 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

§ 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

§ 2503. Records.

The Register in Chancery Office shall keep all records, books, papers and other things as the Court of Chancery requires.

73 Del. Laws, c. 91, §  7

§ 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

§ 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

§ 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

§ 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

§ 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, §  770 Del. Laws, c. 186, §  1

§ 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, §  824 Del. Laws, c. 86, §  226 Del. Laws, c. 6127 Del. Laws, c. 73, §§  1, 2;  Code 1915, §  1439;  28 Del. Laws, c. 82, §  2829 Del. Laws, c. 9131 Del. Laws, c. 13, §  1632 Del. Laws, c. 6733 Del. Laws, c. 84, §  23;  Code 1935, §§  1420, 1453;  35 Del. Laws, c. 79, §§  1, 240 Del. Laws, c. 139, §  2;  Code 1935, §§  1191, 1598;  43 Del. Laws, c. 120, §  144 Del. Laws, c. 100, §§  1, 244 Del. Laws, c. 10145 Del. Laws, c. 109, §§  1, 245 Del. Laws, c. 140, §  146 Del. Laws, c. 298, §§  1, 247 Del. Laws, c. 19248 Del. Laws, c. 111, §  1;  10 Del. C. 1953, §  2503;  52 Del. Laws, c. 332, §  253 Del. Laws, c. 3655 Del. Laws, c. 3855 Del. Laws, c. 85, §§  32O, 32P55 Del. Laws, c. 8757 Del. Laws, c. 216, §  257 Del. Laws, c. 762, §  31B60 Del. Laws, c. 217, §  161 Del. Laws, c. 485, §  170 Del. Laws, c. 186, §  173 Del. Laws, c. 91, §  7