Chapter 94. Clerks Of The Peace
TITLE 9
Counties
County Officers
CHAPTER 94. CLERKS OF THE PEACE
§ 9401. Oath and bond.
Every clerk of the peace, before entering upon his official duties, shall take and subscribe the oath of office prescribed by the Constitution, and shall give bond as required by § 9114 of this title.
Code 1852, § 118; Code 1915, § 1283; Code 1935, § 1482; 9 Del. C. 1953, § 9401.;
§ 9402. Compensation.
The clerks of the peace in the respective counties shall receive the annual salaries listed below:
(1) In New Castle County, as fixed by the New Castle County government;
(2) In Kent County the clerk of the peace of Kent County shall receive a salary in an amount to be set by ordinance of the Kent County Levy Court; and
(3) In Sussex County the clerk of the peace of Sussex County shall receive a salary in an amount to be set by ordinance of the Sussex County Council.
23 Del. Laws, c. 60, § 7; 24 Del. Laws, c. 84, § 1; 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; 9 Del. C. 1953, § 9402; 49 Del. Laws, c. 290, § 4; 49 Del. Laws, c. 306; 50 Del. Laws, c. 479, § 1; 52 Del. Laws, c. 174, § 10; 53 Del. Laws, c. 38, § 2; 53 Del. Laws, c. 222, § 3; 54 Del. Laws, c. 23, § 1; 54 Del. Laws, c. 215, § 3; 57 Del. Laws, c. 692, § 5; 58 Del. Laws, c. 17; 59 Del. Laws, c. 514, § 5; 61 Del. Laws, c. 506, § 4; 65 Del. Laws, c. 163, § 6; 65 Del. Laws, c. 216, § 1; 67 Del. Laws, c. 255, § 4; 68 Del. Laws, c. 234, § 1.;
§ 9403. Deputies and clerks.
The clerks of peace in Kent and Sussex Counties may employ such chief deputy, deputies and clerks as are authorized by the government of the county, at compensations fixed by such county government. 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 clerk of the peace.
23 Del. Laws, c. 60, § 8; 24 Del. Laws, c. 86, § 2; 27 Del. Laws, c. 73, § 1; Code 1915, § 1439; 29 Del. Laws, c. 91, § 1; 29 Del. Laws, c. 92, § 1; 30 Del. Laws, c. 91, § 1; 31 Del. Laws, c. 17, § 1; 32 Del. Laws, c. 67, § 1; 35 Del. Laws, c. 79, § 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; 46 Del. Laws, c. 298, §§ 1, 2; 47 Del. Laws, c. 192; 48 Del. Laws, c. 111, § 1; 9 Del. C. 1953, § 9403; 49 Del. Laws, c. 34; 55 Del. Laws, c. 85, § 29B; 74 Del. Laws, c. 45, § 3.;
§ 9404. Clerk of the county government.
(a) The clerk of the peace shall be clerk of the government of his county.
(b) This section shall not apply to the clerks of the peace of Sussex or New Castle Counties.
Code 1852, § 147; 22 Del. Laws, c. 52, § 3; 22 Del. Laws, c. 54, §§ 5, 11; Code 1915, § 1284; 28 Del. Laws, c. 76; 31 Del. Laws, c. 13; Code 1935, § 1483; 9 Del. C. 1953, § 9404; 55 Del. Laws, c. 85, § 29A.;
§ 9405. Duties as clerk of the county government.
(a) The clerk of the peace shall safely keep the books and papers of the county government, and make full and true minutes of all the proceedings thereof. He shall observe the orders and rules of the county government in all things relating to the duties of his office.
(b) This section shall not apply to the clerks of the peace of New Castle or Sussex Counties.
Code 1852, § 147; Code 1915, § 1297; Code 1935, § 1495; 9 Del. C. 1953, § 9405; 55 Del. Laws, c. 85, § 29A.;
§ 9406. Deposit of public moneys; penalty.
(a) The clerk of the peace shall deposit daily to the credit of the State Treasurer and the receiver of taxes and county treasurer, respectively, in the Farmers' Bank at the county seat of the clerk of the peace, all moneys received by him and payable to the State or county, and thereupon send to the State Treasurer and the receiver of taxes and county treasurer, respectively, by mail, a certificate of deposit.
(b) Whoever, being a clerk of the peace, wilfully fails or neglects to make the deposit of moneys required by this section, within the time herein prescribed, shall be fined in such amount or imprisoned for such term, or both, as the court, in its discretion, may determine, and shall forfeit, ipso facto, his office and such failure to put into the post office, within the prescribed time, the certificate of deposit required by this section, duly addressed to the State Treasurer or receiver of taxes and county treasurer, shall be a breach of the condition of his official bond.
(c) This section shall not apply to the clerk of the peace of New Castle County.
Code 1852, §§ 127, 128; 14 Del. Laws, c. 370, § 1; Code 1915, § 1286; 28 Del. Laws, c. 82; 30 Del. Laws, c. 81; Code 1935, § 1485; 9 Del. C. 1953, § 9406; 55 Del. Laws, c. 85, § 29A.;
§ 9407. Monthly accounting to State Treasurer; penalties.
(a) The clerk of the peace shall, not later than the 10th day of each month, plainly state under his hand, and render to the State Treasurer, with a copy thereof to the Auditor of Accounts, a full and true account of all money by him received, during the next preceding calendar month, or for which he is accountable to the State, for all fees for licenses and fees of every description payable to the State. He shall deposit, at the time prescribed by § 9406 of this title, to the credit of the State Treasurer, in the Farmers' Bank at the county seat, the full amount due on such accounts, and send such accounts to him by mail, with a certificate of such deposit thereon endorsed. Nothing in this section shall prevent more frequent settlements by the clerk of the peace with the State Treasurer.
(b) Whoever, being a clerk of the peace, wilfully fails or neglects to render such accounts or to make such deposits within the time prescribed, shall, besides being liable for the money due the State, be fined not less than $500 nor more than $2,000. Conviction of such offense shall of itself work a forfeiture of his office. The official obligation of each clerk of the peace shall extend to and embrace the moneys received, or which ought to be received as aforesaid, and the duties required of him. Every wilful failure or neglect to make such account or deposit, as also a wilful failure or neglect to put into the post office, within the time prescribed, such account, with the certificate of deposit endorsed thereon, duly addressed to the State Treasurer, shall be a breach of his official obligation.
(c) This section shall not apply to the clerk of the peace of New Castle County.
Code 1852, §§ 129, 130; 13 Del. Laws, c. 117, § 8; 14 Del. Laws, c. 418, § 3; 20 Del. Laws, c. 377; 25 Del. Laws, c. 8, § 4; 25 Del. Laws, c. 49; 26 Del. Laws, c. 16, § 21; Code 1915, § 1287; Code 1935, § 1486; 9 Del. C. 1953, § 9407; 55 Del. Laws, c. 85, § 29A.;
§ 9408. Audit; penalty.
(a) The records and accounts of the clerk of the peace respecting fees for licenses and receipts of every description payable to the State shall be open to inspection and audit by such agency of the State as is authorized to audit the accounts of state agencies.
(b) The provisions of § 6510 of Title 29 shall apply to the clerk of the peace, and any violation of such section shall be a breach of the official bond of the clerk of the peace.
(c) This section shall not apply to the clerk of the peace of New Castle County.
Code 1852, § 132; Code 1915, § 1289; Code 1935, § 1488; 9 Del. C. 1953, § 9408; 55 Del. Laws, c. 85, § 29A.;
§ 9409. Transcripts concerning county accounts.
(a) The clerk of the peace shall deliver to the receiver of taxes and county treasurer or director of finance of his county certified transcripts of all allowances made by the government of his county; and of the amount to be collected; and of all matters that shall concern the receiver of taxes and county treasurer or director of finance or be requisite for keeping the accounts of the respective counties.
(b) This section shall not apply to the clerk of the peace of New Castle County.
Code 1852, § 148; Code 1915, § 1298; 28 Del. Laws, c. 82; 30 Del. Laws, c. 81; 40 Del. Laws, c. 135; Code 1935, § 1496; 9 Del. C. 1953, § 9409; 55 Del. Laws, c. 85, § 29A.;
§ 9410. Assessment lists; delivering copies.
(a) After the assessment lists have been certified to the county government, as provided by law, the clerk of the peace of the county shall immediately make, from the assessment lists, collectors' duplicates to be delivered to the receiver of taxes and county treasurer or director of finance in his county, as provided by law, which copies shall be the only ones required to be made by the clerk of the peace.
(b) The original assessment lists shall be retained by the clerk of the peace, and no further copy shall be required for the records of his office.
(c) This section shall not apply to the clerk of the peace of New Castle County.
25 Del. Laws, c. 34, §§ 1, 2; Code 1915, § 1300; 30 Del. Laws, c. 77, § 12; 30 Del. Laws, c. 78, § 6; 31 Del. Laws, c. 14, § 20; 40 Del. Laws, c. 135; Code 1935, § 1497; 9 Del. C. 1953, § 9410; 55 Del. Laws, c. 85, § 29A.;
§ 9411. Penalty.
(a) Whoever, being a clerk of the peace, omits to perform any of the duties provided in § 9409 or 9410 of this title, shall be fined not less than $20 nor more than $50.
(b) This section shall not apply to the clerk of the peace of New Castle County.
Code 1852, § 153; Code 1915, § 1302; Code 1935, § 1498; 9 Del. C. 1953, § 9411; 55 Del. Laws, c. 85, § 29A.;
§ 9412. Certification of appointed constables.
(a) The clerk of the peace shall, within 10 days after the appointment by the government of his county of any constable, send by mail to the Auditor of Accounts a true certificate of the name of every such constable, stating therein who is, and who is not, liable to the payment of a fee of $5, according to law.
(b) This section shall not apply to the clerk of the peace of New Castle County.
Code 1852, § 131; Code 1915, § 1288; Code 1935, § 1487; 9 Del. C. 1953, § 9412; 55 Del. Laws, c. 85, § 29A.;
§ 9413. Marriage licenses.
(a) The clerks of the peace in the respective counties shall dispense all marriage licenses directed by law to be issued by them. Blanks for all such licenses shall be furnished by the Department of Health and Social Services pursuant to the provisions of § 113 of Title 13. For such licenses the clerks of the peace shall demand and receive, for the use of the State, the fees prescribed by law.
(b) This section shall not apply to the clerk of the peace of New Castle County.
Code 1852, § 133; Code 1915, § 1290; 30 Del. Laws, c. 239; Code 1935, § 1489; 9 Del. C. 1953, § 9413; 55 Del. Laws, c. 85, § 29A; 57 Del. Laws, c. 560, § 2.;
§ 9414. Furnishing marriage licenses to justices of the peace.
(a) The clerk of the peace shall furnish to any justice of the peace in his county, upon payment of the fee to the State, as many marriage licenses as the justice may desire. No person other than such clerk of the peace or justice shall dispense or distribute the licenses. The clerk of the peace, upon dispensing such marriage license, shall notify the State Registrar of Vital Statistics, as provided by law.
(b) This section shall not apply to the clerk of the peace of New Castle County.
Code 1852, § 138; 18 Del. Laws, c. 16; 18 Del. Laws, c. 459; 27 Del. Laws, c. 84, § 15; 27 Del. Laws, c. 261, § 4; Code 1915, § 1291; Code 1935, § 1490; 9 Del. C. 1953, § 9414; 55 Del. Laws, c. 85, § 29A.;
§ 9415. Record of marriage licenses.
(a) Every clerk of the peace of the State shall procure a suitable book for marriage licenses, in which shall be entered alphabetically the name of every person, to whom shall be issued a license, together with the post-office address and street and number of the city, village or town where the person resides, together with the date the license was issued and the amount paid for same, which entry shall be made within 24 hours of the issuance of every such license. The books shall be procured in accordance with § 113 of Title 13 and furnished to the several clerks of the peace upon their request.
(b) This section shall not apply to the clerk of the peace of New Castle County.
27 Del. Laws, c. 54; Code 1915, § 1295; 36 Del. Laws, c. 73; 40 Del. Laws, c. 30, §§ 1, 2; Code 1935, § 1494; 9 Del. C. 1953, § 9415; 55 Del. Laws, c. 85, § 29A.;
§ 9416. Administering oaths.
The clerk of the peace in each county may administer oaths or affirmations in all cases relating to the business of the office of clerk of the peace.
17 Del. Laws, c. 21; Code 1915, § 1307; Code 1935, § 1500; 9 Del. C. 1953, § 9416.;
§ 9417. Destruction of county papers.
The clerk of the peace shall, on and after the expiration of 5 years from their date, destroy poll lists of elections, individual bills settled and paid by the county, and such papers as may and do not become a matter of permanent record of the county or State in the office. The destruction of the papers shall be under and by the supervision of the Prothonotary and the register of wills of each county.
14 Del. Laws, c. 38, §§ 1, 2; Code 1915, § 1308; Code 1935, § 1501; 9 Del. C. 1953, § 9417.;
§ 9418. License fees.
(a) The fees of the clerk of the peace for Kent County shall be established by ordinance of the governing body of Kent County.
(b) This section shall not apply to the clerk of the peace of New Castle County.
(c) The fees of the clerk of the peace for Sussex County shall be as established by ordinance.
Code 1852, § 2790; 14 Del. Laws, c. 103; 26 Del. Laws, c. 33; Code 1915, §§ 1306, 4856; 40 Del. Laws, c. 30; Code 1935, §§ 1499, 5350; 9 Del. C. 1953, § 9418; 55 Del. Laws, c. 85, § 29A; 64 Del. Laws, c. 149, § 6; 65 Del. Laws, c. 401, § 1.;