Delaware § 9114 Bonds of recorder, clerk of the peace and register of wills

Delaware Statutes

§ 9114 — Bonds of recorder, clerk of the peace and register of wills

Delaware·Title 9·Part County Officers·Ch. 91 GENERAL PROVISIONS

(a)Every recorder and clerk of the peace, elected or appointed for any county shall, at the next term of the Superior Court in that county, after their election or appointment, before entering upon the duties of the office, become bound to the State with sufficient surety by a joint and several obligation in the penalty of $3,000 with condition “that if the above named . . . . . . who has been duly elected (or appointed) to be . . . . . . shall and do well and diligently execute the office of . . . . . . as aforesaid and duly and faithfully fulfill and perform all the trusts and duties to the said office appertaining, and truly and without delay deliver to the successor in office, the seal and all the books, records and papers belonging to said office safe and undefaced, and if the said .

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(a) Every recorder and clerk of the peace, elected or appointed for any county shall, at the next term of the Superior Court in that county, after their election or appointment, before entering upon the duties of the office, become bound to the State with sufficient surety by a joint and several obligation in the penalty of $3,000 with condition “that if the above named . . . . . . who has been duly elected (or appointed) to be . . . . . . shall and do well and diligently execute the office of . . . . . . as aforesaid and duly and faithfully fulfill and perform all the trusts and duties to the said office appertaining, and truly and without delay deliver to the successor in office, the seal and all the books, records and papers belonging to said office safe and undefaced, and if the said . . . . . . shall truly and without delay pay over to the Receiver of Taxes and County Treasurer or Department of Finance all the fees which it shall be the recorder’s or clerk of the peace’s duty to collect and which are to be paid to the Receiver of Taxes and County Treasurer or Department of Finance, then this obligation shall be void and of no effect, or else shall remain in full force and virtue.”

(b) The Register of Wills of New Castle County shall be required to give bond for the sum of $10,000; the Register of Wills of Kent County shall be required to give bond for $5,000; and the Register of Wills of Sussex County shall be required to give bond for $5,000. The bonds shall be in the form provided in subsection (a) of this section and shall be approved by the Resident Judge of the respective counties and the bond shall be executed in each case by the Register of Wills before entering upon the discharge of Register of Wills office.

(c) The acknowledgment and approval of all the obligations specified in this section shall be certified by the Judges of the Superior Court then present.

(d) The obligation of the recorder shall be recorded in the Judgment Docket of the Superior Court, and shall be filed there. The other obligations required by this section shall be forthwith delivered to the recorder to be recorded and filed in the recorder’s office.

Delaware § 9114 (Bonds of recorder, clerk of the peace and register of wills) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Code 1852, §§ 441-443; 14 Del. Laws, c. 42 ; 16 Del. Laws, c. 24 ; 23 Del. Laws, c. 60, § 3 ; Code 1915, § 379; 30 Del. Laws, c. 43 ; Code 1935, § 348; 41 Del. Laws, c. 74 ; 9 Del. C. 1953, § 9114; 51 Del. Laws, c. 120 ; 55 Del. Laws, c. 85, § 26E ; 66 Del. Laws, c. 185, § 2 ; 70 Del. Laws, c. 186, § 1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 117, § 3