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Delaware Laws | Title 10 Courts and Judicial Procedures
CHAPTER 21. SHERIFF
Sec. 2105. Summoning jurors and witnesses.

Sec. 2105. Summoning jurors and witnesses. (3089)(Text)

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. (3090)

(Code 1935, Sec. 1512; 10 Del. C. 1953, Sec. 2105; 64 Del. Laws, c. 90, Sec. 65A; 64 Del. Laws, c. 130, Sec. 8; 70 Del. Laws, c. 186, Sec. 1.) (3091)

Sec. 2106. Sale of property under execution process; records. (3092)(Text)

(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. (3093)

(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. (3094)

(c) When an execution is settled in whole or in part to the sheriff, the sheriff shall return such settlement, as required by Sec. 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 Sec. 4756 of this title. (3095)

(Code 1915, Sec. 1330; Code 1935, Sec. 1508; 10 Del. C. 1953, Sec. 2106; 70 Del. Laws, c. 186, Sec. 1.) (3096)

Sec. 2107. Endorsement on documents of sheriffs' fees. (3097)(Text)

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. (3098)

(Code 1852, Sec.Sec. 587, 588; Code 1915, Sec. 1337; Code 1935, Sec. 1515; 10 Del. C. 1953, Sec. 2107; 70 Del. Laws, c. 186, Sec. 1.) (3099)

Sec. 2108. Entry of constable's sales. (3100)(Text)

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. (3101)

(14 Del. Laws, c. 379; Code 1915, Sec. 1339; Code 1935, Sec. 1517; 10 Del. C. 1953, Sec. 2108.) (3102)

Sec. 2109. Reception of sum due on capias ad satis=-faciendum. (3103)(Text)

Upon arresting a defendant on a writ of capias ad satisfaciendum, the sheriff shall receive the sum due thereon if offered. (3104)

(Code 1852, Sec. 586; Code 1915, Sec. 1336; Code 1935, Sec. 1514; 10 Del. C. 1953, Sec. 2109.) (3105)

Sec. 2110. Penalty for nonpayment of funds collected. (3106)(Text)

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. (3107)

(Code 1852, Sec. 572; Code 1915, Sec. 1325; Code 1935, Sec. 1504; 10 Del. C. 1953, Sec. 2110; 70 Del. Laws, c. 186, Sec. 1.) (3108)

Sec. 2111. Payment of funds into court. (3109)(Text)

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 Sec. 2110 of this title. (3110)

(Code 1852, Sec. 572; Code 1915, Sec. 1325; Code 1935, Sec. 1504; 10 Del. C. 1953, Sec. 2111; 70 Del. Laws, c. 186, Sec. 1.) (3111)

Sec. 2112. Mileage fees. (3112)(Text)

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. (3113)

(23 Del. Laws, c. 60, Sec. 13; Code 1915, Sec. 1443; Code 1935, Sec. 1602; 10 Del. C. 1953, Sec. 2112; 55 Del. Laws, c. 85, Sec. 32M; 62 Del. Laws, c. 272, Sec. 2; 69 Del. Laws, c. 184, Sec. 2.) (3114)

Sec. 2113. Administering oaths by deputies. (3115)(Text)

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. (3116)

(12 Del. Laws, c. 201; Code 1915, Sec. 1323; Code 1935, Sec. 1502; 10 Del. C. 1953, Sec. 2113; 70 Del. Laws, c. 186, Sec. 1.) (3117)

Sec. 2114. Fish and Wildlife Agent. (3118)(Text)

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