Del. Code tit. 10 § 5093

Current through 2024 Legislative Session Act Chapter 531

Section 5093 - Liability of officer for escape; action against officer

If a person arrested, or imprisoned, by virtue of an execution, be suffered to escape, the sheriff, constable, or other officer having the custody of such person at the time of the person's escape, shall be answerable for the full amount payable according to the execution. The person at whose suit the execution was issued, or for whose use it is endorsed, or such person's executors, or administrators, shall have a civil action therefor, against such sheriff, constable, or other officer, or such officer's executors, or administrators. The nonpayment of the amount shall be a breach of the condition of the official recognizance, or obligation, of such sheriff, constable, or officer.

10 Del. C. § 5093

Code 1852, § 2500; Code 1915, § 4417; Code 1935, § 4875; 10 Del. C. 1953, § 5093; 70 Del. Laws, c. 186, § 1.;