If any prothonotary or sheriff refuses or neglects to perform any of the duties enjoined upon such officer by §§ 4755-4757 of this title, he or she shall be liable in damages to any person, injured by such default, in a civil action. Such default shall also be a breach of such officer’s official obligation or recognizance, as the case may be.

Code 1852, § ?2415; Code 1915, § ?4312; Code 1935, § ?4784; 10 Del. C. 1953, § ?4758; 70 Del. Laws, c. 186, § ?1;