2016 Delaware Code
Title 9 - Counties
CHAPTER 91. GENERAL PROVISIONS
§ 9118. Bond of sheriffs.

(a) Every sheriff elected or appointed in any of the counties of this State, before entering upon that sheriff's office, shall, with sufficient surety or sureties, become bound to the State, by a joint and several obligation to be, with the surety or sureties therein, approved by the Judge resident in the county, for which the sheriff had been elected, namely: the Sheriff of New Castle County, $25,000; the Sheriff of Kent County, $14,000; and the Sheriff of Sussex County, $12,000. The bonds shall be given upon condition that "If the Sheriff shall and do well and truly serve and execute all writs and processes to him or her directed, without delay and shall, from time to time, upon request to him or her made for that purpose well and truly pay or cause to be paid to the several suitors and parties interested therein, their lawful agent, factors or assigns, and to the several officers all and every sum or sums of money to them respectively belonging, which shall come to his or her hands or which it shall be his or her duty to collect and receive, and receive, collect, and pay over all public taxes whatsoever committed to him or her for collection, and shall do from time to time, and at all times during his or her continuation in office, of Sheriff, well and faithfully execute the office and perform in everything the duty in him or her reposed, and the Sheriff shall truly and without delay pay over to the County Treasurer or the Director of Finance all the fees which it shall be his or her duty to collect, and which are to be paid to the County Treasurer or the Director of Finance, then the bond to be void, otherwise to be and remain in full force and virtue.'' This bond shall be entered at large upon the continuance record of the Superior Court of the same county at the time it is taken, and the approval of the surety or sureties and of the bond shall appear on the record.

(b) If any sheriff neglects so to enter into such bond such sheriff shall, ipso facto, forfeit his or her office. The prothonotary shall forthwith certify such neglect to the Governor, who shall thereupon appoint another person, being an inhabitant of the same county, to fill the vacancy until the next general election and qualification of a successor. The Governor shall duly notify the prothonotary of every appointment of a sheriff to fill a vacancy.

Code 1852, §§ 448-451; 16 Del. Laws, c. 14; 17 Del. Laws, c. 34; 21 Del. Laws, c. 202; 25 Del. Laws, c. 55; Code 1915, §§ 382, 383; Code 1935, §§ 356, 357; 9 Del. C. 1953, § 9118; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 213, § 5.;