TITLE 10

Courts and Judicial Procedure

Procedure

CHAPTER 53. OATHS

Subchapter I. Authority to Administer Oaths


Any judge of any court in this State, any justice of the peace, or notary public, may, in any case in which an oath or affirmation is necessary or proper, administer such oath or affirmation.

Code 1852, § 2353; Code 1915, § 4239; Code 1935, § 4709; 10 Del. C. 1953, § 5301.;

The sheriffs of the several counties may appoint deputies, who 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 and for the county in which the sheriff and deputy reside, the oath so administered shall be as effectual in law as though it had been done by the sheriff.

12 Del. Laws, c. 201; Code 1915, § 4240; Code 1935, § 4710; 10 Del. C. 1953, § 5302; 70 Del. Laws, c. 186, § 1.;

The Clerk of the United States District Court for the District of Delaware may administer oaths and affirmations and take acknowledgment of the execution of instruments of writing in this State which are to be used in the District Court, or in any district or appellate court of the United States.

13 Del. Laws, c. 14; Code 1915, § 4241; Code 1935, § 4711; 10 Del. C. 1953, § 5303.;

(a) The persons appointed or authorized, by any decree, order, rule, or commission, made in or issued out of the Supreme Court, the Court of Chancery or the Superior Court to perform any duty, or for any purpose, may severally administer to each other and to any surveyor, or person, by them employed, and to any witness produced before them, any oath or affirmation required or proper to be taken in the case.

(b) Every surveyor may administer the proper oath or affirmation to chain carriers acting under the surveyor.

(c) The form of the oath or affirmation required to be taken by persons so appointed or authorized, with directions for administering the same, shall accompany every commission, rule, or order issued out of any court.

Code 1852, §§ 2356-2358; Code 1915, § 4244; Code 1935, § 4714; 10 Del. C. 1953, § 5304; 70 Del. Laws, c. 186, § 1.;

In all legal proceedings in this State, wherein an oath or affidavit is required to be made by any person not residing in this State, such oath or affidavit may be administered and certified in the same manner and by the same persons as the laws of this State prescribe for taking the acknowledgment of deeds or the probate of accounts against a deceased person's estate, where the acknowledgment or probate is made out of this State.

13 Del. Laws, c. 462; Code 1915, § 4250; Code 1935, § 4720; 10 Del. C. 1953, § 5305.;