2016 Delaware Code
Title 9 - Counties
CHAPTER 96. RECORDERS
§ 9615. Delivery of records to Delaware Public Archives; photocopies; evidence.

(a) The recorder, in each of the counties, upon the advice and approval of the Resident Judge of the Superior Court of the county, may deliver to the Delaware Public Archives, with the consent of the State Archivist and Records Administrator, for preservation in the public archives of the State, at Dover, any volume of land records in the recorder's official custody, the age and conditions of which render its continued use by the public inadvisable, and the recorder shall take a receipt for the same which receipt shall be recorded in the office from which such volume or record is taken.

(b) Within a reasonable time after any such volume or record has been delivered to the Delaware Public Archives, the State Archivist and Records Administrator shall make a photocopy of its contents and shall certify that such contents are complete and correct, and such certificate shall be included in such photocopy. Such photocopy shall be delivered to the recorder from which the original volume was received. The recorder may issue certified copies of any records photocopied under the provisions of this section. Any such certified copy shall be admissible as evidence in any court of justice in the same manner and entitled to the same weight and have the same effect as certified copies made from the original volume.

(c) The Recorder of Deeds, in and for New Castle County, upon approval of the Resident Judge of the Superior Court, in and for New Castle County, may photocopy or microfilm any volume of land records in his or her official custody, the age and condition of which render its continued use by the public inadvisable. The Recorder of Deeds shall certify that the contents of such copies are complete and correct. When so copied and certified, the Recorder of Deeds may issue certified copies of any instrument contained in the copy of the original volume, and any such certified copy shall be admissible in evidence in any court of justice in the same manner and entitled to the same weight and have the same effect as certified copies made from the original volume. Any original volumes of land records so copied and certified by the Recorder of Deeds may be delivered to the Delaware Public Archives with the consent of the State Archivist and Records Administrator for preservation in the public archives of the State. The Recorder of Deeds shall certify to the State Archivist and Records Administrator that the copying of the original volume or volumes was done under the Recorder of Deeds' authorization and supervision, that it meets standards for methods and materials established by the Delaware Public Archives under the provisions of § 517 of Title 29, and he or she shall take receipt for the same and the receipt shall be preserved in the office of Recorder of Deeds, in and for New Castle County.

(d) The Recorder of Deeds, in and for Sussex County, upon advice and approval of the Resident Judge of the Superior Court in and for Sussex County, may photocopy or microfilm any volume of land records in his or her official custody, the age and condition of which render its continued use by the public inadvisable. Such copy or microfilm shall be indexed and stored as provided for in § 9605(e) of this title. The Recorder of Deeds shall certify that the contents of such copies are complete and correct. When so copied and certified, the Recorder of Deeds may issue certified copies of any instrument contained in the copy of the original volume, and any such certified copy shall be admissible in evidence in any court of justice in the same manner and entitled to the same weight and have the same effect as certified copies made from the original volumes. Any original volume of land records so copied and certified by the Recorder of Deeds may be delivered to the Delaware Public Archives with the consent of the State Archivist and Records Administrator for preservation in the public archives of the State. The Recorder of Deeds shall certify to the State Archivist and Records Administrator that the copying of the original volume or volumes was done under his or her authorization and supervision, that it meets standards for methods and materials established by the Delaware Public Archives under the provisions of § 517 of Title 29, and the Recorder of Deeds shall take a receipt for the same and the receipt shall be preserved in the office of Recorder of Deeds.

37 Del. Laws, c. 110, § 1; Code 1935, § 1563; 9 Del. C. 1953, § 9615; 54 Del. Laws, c. 205; 56 Del. Laws, c. 98; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 91, §§ 1-5; 76 Del. Laws, c. 213, §§ 9-11.;