Sections
Subchapter I Subjects of Execution; Exemptions 4901 – 4916
Subchapter II Preferences 4931 – 4937
Subchapter III Venditioni Exponas 4951 – 4952
Subchapter IV Levari Facias 4961
Subchapter V Sale Under Execution 4971 – 4987
Subchapter VI Liberari Facias 5001 – 5003
Subchapter VII Writ of Possession 5011 – 5019
Subchapter VIII Attachment 5031 – 5032
Subchapter IX Return of Execution 5041 – 5044
Subchapter X Capias Ad Satisfaciendum 5051 – 5053
Subchapter XI Scire Facias on Mortgage 5061 – 5067
Subchapter XII Scire Facias on Judgments 5071 – 5073
Subchapter XIII Lien of Execution 5081 – 5085
Subchapter XIV Miscellaneous Provisions 5091 – 5095

Terms Used In Delaware Code > Title 10 > Chapter 49 - Executions

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adult: means an individual who has attained 18 years of age. See Delaware Code Title 12 Sec. 39A-101
  • adviser: includes a trust "protector" or any other person who, in addition to a qualified trustee, holds 1 or more trust powers. See Delaware Code Title 12 Sec. 3570
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Alcohol: means ethyl alcohol produced by the distillation of any fermented liquid, whether rectified or diluted with water or not, whatever may be the origin thereof, and includes synthetic ethyl alcohol, but it does not mean ethyl alcohol, diluted or not, that has been denatured or otherwise rendered unfit for beverage purposes. See Delaware Code Title 4 Sec. 101
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessed value: means the total assessed value of all real property in a TIF District subject to taxation as determined by the Assessor, with any adjustment pursuant to paragraph (2) of this section taken into account. See Delaware Code Title 9 Sec. 3202
  • Assessor: shall mean the General Manager of the New Castle County Department of Land Use or designee. See Delaware Code Title 9 Sec. 3202
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefited property: means a nonexempt specially-assessed property located within a neighborhood improvement district that benefits from enhanced services and related programs based on a rational nexus test. See Delaware Code Title 9 Sec. 3503
  • Bequest: Property gifted by will.
  • bond: means any revenue or general obligation bonds or bond, notes or note, or other similar instruments or instrument issued by New Castle County pursuant to and in accordance with this chapter. See Delaware Code Title 9 Sec. 3202
  • Building: means any structure, building, edifice or part thereof;

    (2) "Chief of Building Inspections" means the Chief of Building Inspections for Kent County as appointed by the Kent County Levy Court or the Chief's designee or the Acting Chief of Building Inspections for Kent County as appointed by the Kent County Levy Court or the Acting Chief's designee;

    (3) "Construction" means alteration, removal, demolition, addition, repair or construction of any new or old building. See Delaware Code Title 9 Sec. 4401

  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief financial officer: means New Castle County Chief Financial Official or designee. See Delaware Code Title 9 Sec. 3202
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Claim: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured. See Delaware Code Title 12 Sec. 3570
  • Commissioner: means the person appointed by the Governor and confirmed by the Senate who serves as the Marijuana Commissioner for the State. See Delaware Code Title 4 Sec. 1302
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consumer: means an individual 21 years of age or older who purchases marijuana, marijuana products, or marijuana accessories for personal use by the individual or other individuals 21 years of age or older, but not for resale to others. See Delaware Code Title 4 Sec. 1302
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cost of services: includes consulting fees, professional fees, preliminary planning expenditures, feasibility study expenditures, financing costs, administrative costs, and any other expenditures necessary or incidental to the development or provision of enhanced services and related programs. See Delaware Code Title 9 Sec. 3503
  • county: means New Castle County. See Delaware Code Title 9 Sec. 3202
  • County: shall mean Kent County. See Delaware Code Title 9 Sec. 4601
  • County council: means New Castle County Council or designee. See Delaware Code Title 9 Sec. 3202
  • county sewer district: shall mean any sewage disposal district or sanitary district established pursuant to this chapter. See Delaware Code Title 9 Sec. 4601
  • Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
  • Creditor: means , with respect to a transferor, a person who has a claim. See Delaware Code Title 12 Sec. 3570
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Debt: means liability on a claim. See Delaware Code Title 12 Sec. 3570
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Safety and Homeland Security. See Delaware Code Title 4 Sec. 1302
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Development: means redevelopment, revitalization or renovation. See Delaware Code Title 9 Sec. 3202
  • Devise: To gift property by will.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disposition: means a transfer, conveyance or assignment of property (including a change in the legal ownership of property occurring upon the substitution of 1 trustee for another or the addition of 1 or more new trustees), or the exercise of a power so as to cause a transfer of property, to a trustee or trustees, but shall not include the release or relinquishment of an interest in property that theretofore was the subject of a qualified disposition and shall not include a sale or exchange for full and adequate consideration. See Delaware Code Title 12 Sec. 3570
  • District advisory council: means an optional advisory committee comprised of property owners and residents from the neighborhood improvement district that may be established under § 3507 of this title for the purpose of providing recommendations to the neighborhood improvement district management association regarding needed enhanced services within the district. See Delaware Code Title 9 Sec. 3503
  • Division: means the Division of Alcohol and Tobacco Enforcement. See Delaware Code Title 4 Sec. 1302
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dower: A widow
  • Emergency: means the respondent is in danger of incurring imminent serious physical harm or substantial economic loss or expense. See Delaware Code Title 12 Sec. 39A-101
  • Enhanced services: means additional or increased services aimed at improving the ability of property owners and residents to enjoy a safer and healthier neighborhood due to the provision of expanded services, which include services such as district-wide street cleaning, district-wide snow removal, district-wide trash removal, and maintenance of open space. See Delaware Code Title 9 Sec. 3503
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Establishment: means any place located physically in this State where alcoholic liquor of 1 or more varieties is stored, sold or used by authority of any law of this State, including a hotel, restaurant, tavern, beer garden, or club as defined in this section, or where alcoholic liquor of 1 or more varieties is manufactured by virtue of any law of this State. See Delaware Code Title 4 Sec. 101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Executrix: The female counterpart of an executor. See also
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • former spouse: means only persons to whom the transferor was married at, or before, the time the qualified disposition is made. See Delaware Code Title 12 Sec. 3570
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Full age: means the age of 18 years or older. See Delaware Code Title 1 Sec. 302
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantee: includes every person to whom a freehold estate or interest is conveyed. See Delaware Code Title 1 Sec. 302
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: is a "guardian of the person" as that term is used in this title. See Delaware Code Title 12 Sec. 39A-101
  • Home state: means the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months ending within the 6 months prior to the filing of the petition. See Delaware Code Title 12 Sec. 39A-101
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • issuer: means New Castle County when it acts to issue bonds or to any other taxing body when it issues bonds. See Delaware Code Title 9 Sec. 3202
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means any license or permit to cultivate, possess, manufacture, sell, transport, or test marijuana or marijuana products and accessories authorized or issued by the Commissioner under this chapter. See Delaware Code Title 4 Sec. 1302
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Marijuana: means as defined in § 4701 of Title 16. See Delaware Code Title 4 Sec. 1302
  • Marijuana accessories: means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana; or for ingesting, inhaling, or otherwise introducing marijuana into the human body. See Delaware Code Title 4 Sec. 1302
  • Marijuana products: means products that are comprised of marijuana, including concentrated marijuana, and other ingredients and are intended for use or consumption, such as edible products, ointments, and tinctures. See Delaware Code Title 4 Sec. 1302
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Microbusiness license: means a license issued pursuant to part C of subchapter III of this chapter which includes any of the following:

    a. See Delaware Code Title 4 Sec. 1302

  • Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Neighborhood: means a limited geographic area situated within an unincorporated area of New Castle County and located in a residential district, the limits of which form the neighborhood improvement district boundaries, as identified on a filed record plan. See Delaware Code Title 9 Sec. 3503
  • Neighborhood improvement district: means a neighborhood, as identified on a filed record plan, in which a special assessment is levied on designated property, other than exempt property, for the purpose of promoting the general health and welfare of the district, hereinafter referred to as a "NID. See Delaware Code Title 9 Sec. 3503
  • Neighborhood improvement district management association: means the corporate body that oversees the management of each neighborhood improvement district established pursuant to § 3506 of this title, which hereinafter shall be referred to as a "NIDMA. See Delaware Code Title 9 Sec. 3503
  • Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Original assessed value: means the assessed value as of January 1 of the calendar year in which the resolution creating the TIF District under § 3206(1) of this title becomes effective. See Delaware Code Title 9 Sec. 3202
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means the respondent, petitioner, guardian, conservator, or any other person allowed by the Court to participate in a guardianship or protective proceeding. See Delaware Code Title 12 Sec. 39A-101
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • Person: means as defined in § 302 of Title 1. See Delaware Code Title 4 Sec. 1302
  • Person: has the meaning ascribed to it in § 302(15) of Title 1. See Delaware Code Title 12 Sec. 3570
  • Person: means any architect, builder, contractor, repairman, agent, partner or corporation as well as an individual;

    9 Del. See Delaware Code Title 9 Sec. 4401
  • Person who is incapacitated: shall mean a "person with a disability" as that term is defined in § 3901(a)(2) of this title. See Delaware Code Title 12 Sec. 39A-101
  • Person with a mental condition: includes every person with an emotional or psychiatric disorder or disability. See Delaware Code Title 1 Sec. 302
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probate: Proving a will
  • Property: includes real property, personal property, and interests in real or personal property. See Delaware Code Title 12 Sec. 3570
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • protected person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Delaware Code Title 12 Sec. 39A-101
  • Protective order: means an order appointing a "guardian of the property" as that term is used in this title. See Delaware Code Title 12 Sec. 39A-101
  • Protective proceeding: means a judicial proceeding in which a protective order is sought or has been issued. See Delaware Code Title 12 Sec. 39A-101
  • Qualified disposition: means a disposition by or from a transferor (or multiple transferors in the case of property in which each such transferor owns an undivided interest) to 1 or more trustees, at least 1 of which is a qualified trustee, with or without consideration, by means of a trust instrument. See Delaware Code Title 12 Sec. 3570
  • Qualified trustee: means a person who meets the requirements of the following paragraphs (8)a. See Delaware Code Title 12 Sec. 3570
  • Quorum: The number of legislators that must be present to do business.
  • Rational nexus: means that there is a rational, definable benefit that accrues to any nonexempt property owner assessed a special assessment fee for said benefit in a NID created under this chapter. See Delaware Code Title 9 Sec. 3503
  • real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Delaware Code Title 12 Sec. 39A-101
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residence: means the place occupied by a person as a domicile or otherwise, either permanently or temporarily, and includes not only the premises occupied, but also every annex or dependency thereof held under the same title as the premises occupied. See Delaware Code Title 4 Sec. 101
  • Residential district: means , for purposes of this chapter, a limited geographical area comprised of real property consisting predominantly of buildings and structures for housing individuals and families, including single-family detached homes, single-family semi-detached homes, townhouses, condominiums, apartments, manufactured homes, modular homes, and any combination of the above. See Delaware Code Title 9 Sec. 3503
  • Respondent: means an adult for whom a protective order or the appointment of a guardian is sought. See Delaware Code Title 12 Sec. 39A-101
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail marijuana: means "marijuana" as defined in § 4701 of Title 16, that is cultivated, manufactured, distributed, or sold by a licensed marijuana establishment. See Delaware Code Title 4 Sec. 1302
  • Retail marijuana store: means an entity licensed to purchase marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana products from marijuana product manufacturing facilities; and to sell marijuana and marijuana products to consumers. See Delaware Code Title 4 Sec. 1302
  • Retailer: means the person permitted to sell alcoholic liquors in a store in the State, not for consumption on the premises. See Delaware Code Title 4 Sec. 101
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Sale: means every act of selling as defined in this section. See Delaware Code Title 4 Sec. 101
  • sanitary district: shall mean a county sewer district established to provide 1 or more facilities necessary or convenient for the collection of sewage, the treatment of such sewage and delivery of such treated effluent into the facilities of a sewage disposal district for final treatment. See Delaware Code Title 9 Sec. 4601
  • Sell: means : solicit or receive an order for; keep or expose for sale; deliver for value or in any other way than purely gratuitously; keep with intent to sell; keep or transport in contravention of this title; traffic in; or for any valuable consideration, promised or obtained, directly or indirectly, or under any pretext or by any means whatsoever, procure or allow to be procured for any other person, to carry alcoholic liquors on one's person or to transport with one and with intent to sell the same, but not in any establishment where the sale thereof is allowed. See Delaware Code Title 4 Sec. 101
  • Service area: means the area within the boundaries of the NID in which the NIDMA provides or administers enhanced services. See Delaware Code Title 9 Sec. 3503
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • sewage: shall mean all types of human or animal waste, industrial or commercial waste or any other waste suitable for treatment and disposal through the facilities of sewage treatment plants. See Delaware Code Title 9 Sec. 4601
  • sewage disposal district: shall mean a county sewer district established to provide 1 or more sewer facilities necessary or convenient for the transmission, final treatment and disposal of effluent received from the sewage collection facilities of a sanitary sewer district or from any other source as specifically provided herein. See Delaware Code Title 9 Sec. 4601
  • Significant-connection state: means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. See Delaware Code Title 12 Sec. 39A-101
  • special assessment fee: means the fee assessed on nonexempt properties within a NID levied by the county for purposes of providing enhanced services in a district under § 3508 of this title. See Delaware Code Title 9 Sec. 3503
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 39A-101
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Sunset provision: means a provision in the NIDP which, under § 3505 of this title, provides for the dissolution of the NID, unless re-enacted by County Council, on a date up to 5 years from commencement as identified in the approved Final NIDP and in the county ordinance establishing a NID. See Delaware Code Title 9 Sec. 3503
  • Tax increment: means for any tax year the amount by which the assessed value as of January 1 preceding that tax year exceeds the original assessed value. See Delaware Code Title 9 Sec. 3202
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testatrix: The female counterpart of a testator.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • TIF District: means an area designated by a resolution described in § 3206(1) of this title. See Delaware Code Title 9 Sec. 3202
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transferor: means a person who, as an owner of property, as a holder of a power of appointment which authorizes the holder to appoint in favor of the holder, the holder's creditors, the holder's estate or the creditors of the holder's estate, or as a trustee, directly or indirectly makes a disposition or causes a disposition to be made. See Delaware Code Title 12 Sec. 3570
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust instrument: means an instrument appointing a qualified trustee or qualified trustees for the property that is the subject of a disposition, which instrument:

    a. See Delaware Code Title 12 Sec. 3570

  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302