Terms Used In Delaware Code > Title 3 > Chapter 101 - Horse Racing

• Adjudicative proceeding: means any judicial or quasi-judicial proceeding in which the rights of parties are determined but does not include any proceeding of a grand jury. See Delaware Code Title 10 Sec. 4320
• Administrative tribunal: shall mean a show cause hearing before the Code Official for New Castle County. See Delaware Code Title 9 Sec. 2901
• adult person: means a person of the age of 18 years or older. See Delaware Code Title 1 Sec. 302
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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.
• 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.
• At large: means livestock that strays from confinement or restraint and from the property of the owner including livestock that strays into a confined area that is owned by a person other than the owner of the livestock. See Delaware Code Title 3 Sec. 7700
• 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.
• Board: means the Board of Directors of the Fort DuPont Redevelopment and Preservation Corporation. See Delaware Code Title 7 Sec. 4732
• 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 a structure having a roof and intended to shelter persons, animals, property or a business activity. See Delaware Code Title 9 Sec. 2501
• Building: shall mean a structure having a roof, and intended to shelter persons, animals, property or business activity. See Delaware Code Title 9 Sec. 2901
• 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

• Building sewer system: means equipment, appliances, pipes, fittings, fixtures and other appurtenances that convey liquid and water-carried waste from the building or structure to a public sewer, private sewer, individual sewage disposal system or other point of disposal. See Delaware Code Title 9 Sec. 2501
• Cemetery: means land or structure used or intended to be used for the interment/entombment of human remains, including facilities used for the final disposition of cremated remains. See Delaware Code Title 9 Sec. 1002
• Chief financial officer: means New Castle County Chief Financial Official or designee. See Delaware Code Title 9 Sec. 3202
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Child: includes an illegitimate child. See Delaware Code Title 10 Sec. 3721
• Commission: means Regional Planning Commission of New Castle County in § 3003 of this title but shall mean the Department of Land Use in all other sections. See Delaware Code Title 9 Sec. 3001
• Commissioner: means a judicial officer of a particular court authorized to perform the judicial powers and duties of the court in issuing warrants in criminal cases and the fixing and approving of bail. See Delaware Code Title 10 Sec. 1990
• 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.
• Corporation: means the Fort DuPont Redevelopment and Preservation Corporation to be established pursuant to § 4733 of this title. See Delaware Code Title 7 Sec. 4732
• 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. 2801
• County: means New Castle County. See Delaware Code Title 9 Sec. 3001
• 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: shall mean the County Council for New Castle County. See Delaware Code Title 9 Sec. 2501
• County Council: shall mean the County Council for New Castle County. See Delaware Code Title 9 Sec. 2901
• 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
• courts: means such court or courts as established by the General Assembly in accordance with article IV, § 1 (Judiciary) of the Constitution of this State. See Delaware Code Title 10 Sec. 1990
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Department: means the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 4732
• Department: means the State Department of Agriculture. See Delaware Code Title 3 Sec. 7602
• Department: means the Department of Agriculture. See Delaware Code Title 3 Sec. 7700
• Department of Land Use: shall mean the New Castle County Department of Land Use. See Delaware Code Title 9 Sec. 2501
• Department of Land Use: shall mean the New Castle County Department of Land Use. See Delaware Code Title 9 Sec. 2901
• Development: means redevelopment, revitalization or renovation. See Delaware Code Title 9 Sec. 3202
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• District: means Regional Planning District of New Castle County, which comprises all that portion of the County not included within the corporate limits of any city or town, unless any territory within such corporate limits is included upon request made by the governing body or authority of any such city or town. See Delaware Code Title 9 Sec. 3001
• 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
• Docket: A log containing brief entries of court proceedings.
• Dower: A widow
• employee: as used in this chapter , clerks, secretaries, nurses, administrators, bookkeepers, technicians and other assistants who are not usually and ordinarily considered by law, custom and practice to be rendering professional services to the public for which a license, or other legal authorization, is required in connection with the profession to be practiced, nor does the term "employee" include any other person who performs all of such person's employment under the direct supervision and control of an officer, employee or agent who renders professional service to the public on behalf of the professional corporation; provided that, no person shall, under the guise of employment, practice a profession unless duly licensed to practice that profession under the laws of this State. See Delaware Code Title 8 Sec. 607
• Employee: means a person acting on behalf of a governmental entity in any official capacity, whether temporarily or permanently, and whether with or without compensation from local, state or federal funds, including elected or appointed officials, volunteer firefighters and rescue squad members where the rescue squad receives full or partial financial support from political subdivisions or from the State, but the term "employee" shall not mean a person or other legal entity acting in the capacity of an independent contractor under contract to the governmental entity. See Delaware Code Title 10 Sec. 4010
• 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}
• Executor: A male person named in a will to carry out the decedent
• 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.
• 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.
• For-profit cemetery: means any person, partnership, corporation, or business entity operating a cemetery for purposes of generating a profit, specifically excluding churches, religious organizations, any nonprofit entities, and veteran organizations. See Delaware Code Title 9 Sec. 1002
• 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}
• Fort DuPont: means such real property, as well as such facilities, personal property, buildings, and fixtures located thereon, owned by the State along the Delaware River bounded by the Chesapeake and Delaware Canal on the south, and a branch canal, currently separating it from Delaware City, on the north, which includes the Fort DuPont State Park, the Governor Bacon Health Center, and surrounding lands, formerly tax parcel numbers 1202300020, 1202300021, 1203000001, and 1203000002. See Delaware Code Title 7 Sec. 4732
• 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}
• Fuel gas system: shall mean natural or liquid gas appliances and related accessories, including gas piping extending from the point of delivery to the inlet connections of appliances. See Delaware Code Title 9 Sec. 2501
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means the town council, city council, commissioners or other legislative body charged with governing the municipality, or Levy Court Commissioners, or other legislative body charged with governing the county. See Delaware Code Title 10 Sec. 1990
• Governmental entity: means any municipality, town, county, administrative entity or instrumentality created pursuant to Chapter 8 of Title 22 or Title 9, any municipality created by a special act of the General Assembly, any housing authority created pursuant to Chapter 43 of Title 31, any parking authority created pursuant to Chapter 5 of Title 22, any municipal business improvement district authority created pursuant to Chapter 15 of Title 22 and all registered volunteer fire companies and volunteer rescue squads. See Delaware Code Title 10 Sec. 4010
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantee: includes every person to whom a freehold estate or interest is conveyed. See Delaware Code Title 1 Sec. 302
• 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.
• 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}
• Information: means any oral, written or pictorial material and includes, but is not limited to, documents, electronic impulses, expressions of opinion, films, photographs, sound records, and statistical data. See Delaware Code Title 10 Sec. 4320
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• 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.
• 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
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Livestock: means any cattle, sheep, swine, goats, horses, mules, other equines, poultry or cultured aquatic stock. See Delaware Code Title 3 Sec. 7602
• Livestock: means domesticated species including: bovine, camelid, cervid, equine, swine, ruminants, ratites, rabbits, poultry, and other animals harvested for food, fiber, fur, or leather. See Delaware Code Title 3 Sec. 7700
• Livestock dealer: means every recognized dealer engaged in the business of buying, selling or transporting livestock or operating a livestock auction or a livestock sales facility. See Delaware Code Title 3 Sec. 7602
• Mechanical system: shall mean a system permanently installed and utilized to provide for the control of environmental conditions and related processes within buildings and structures, including equipment, appliances, fixtures, fittings, and appurtenances, including ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators and other energy related systems. See Delaware Code Title 9 Sec. 2501
• 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.
• 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
• Parent: includes the mother and father of a deceased illegitimate child. See Delaware Code Title 10 Sec. 3721
• 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.
• Permit: includes any building permit, license, zoning permit, certificate of occupancy, certificate of use, certificate of completion, subdivision approval and any other official action of government having the effect of permitting construction, occupancy or use. See Delaware Code Title 9 Sec. 2501
• 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: means any individual, partnership, association, corporation or organized group of persons whether incorporated or not. See Delaware Code Title 3 Sec. 7602
• Person: includes an individual, receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. See Delaware Code Title 10 Sec. 3721
• Person: means individual, corporation, statutory trust, business trust, estate, trust, partnership or association, governmental body, or any other legal entity. See Delaware Code Title 10 Sec. 4320
• Person responsible: shall mean the owner and any other person or persons who have control over the property or are responsible for the violation. See Delaware Code Title 9 Sec. 2901
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan: means the map, plat, or other document verbally or graphically illustrating or describing a plan of subdivision or land development. See Delaware Code Title 9 Sec. 3001
• Plumbing system: means the equipment, appliances, pipes, fittings, fixtures and other appurtenances in or about a building or structure for bringing in the water supply and removing liquid and water-carried waste. See Delaware Code Title 9 Sec. 2501
• 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
• professional corporation: means a corporation which is organized and incorporated, under this chapter, for the sole and specific purpose of rendering a single professional service or qualified related professional services, and which has as its shareholders only individuals who themselves are duly licensed or otherwise legally authorized within this State to render the same professional service, or those component qualified related professional services, as the corporation. See Delaware Code Title 8 Sec. 603
• professional service: shall mean any type of personal service to the public which requires as a condition precedent to the rendering of the service the obtaining of a license or other legal authorization, and which, by reason of law, prior to June 7, 1969, could not be performed by a corporation. See Delaware Code Title 8 Sec. 603
• Property: shall mean a lot, plot or parcel of land, including any structures thereon. See Delaware Code Title 9 Sec. 2901
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• qualified related professional services: means , and is limited to, any combination of the practice of medicine by doctors of medicine or doctors of osteopathy or both, and the practice of podiatry by doctors of podiatric medicine. See Delaware Code Title 8 Sec. 603
• 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.
• Recorder of Deeds: means Recorder of Deeds in and for New Castle County. See Delaware Code Title 9 Sec. 3001
• Redevelopment plan: means the draft master plan for the redevelopment of the Fort DuPont complex dated October 2013, as may be amended from time to time by the Board, which is intended to guide the redevelopment of the Fort DuPont Complex. See Delaware Code Title 7 Sec. 4732
• Regulations: means land subdivision regulations. See Delaware Code Title 9 Sec. 3001
• 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.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Reporter: means any journalist, scholar, educator, polemicist, or other individual who either:

  a. See Delaware Code Title 10 Sec. 4320

• 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
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• 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
• Secretary: means the Secretary of the State Department of Agriculture or the Secretary's designee. See Delaware Code Title 3 Sec. 7602
• 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
• 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
• Source: means a person from whom a reporter obtained information by means of written or spoken communication or the transfer of physical objects, but does not include a person from whom a reporter obtained information by means of personal observation unaccompanied by any other form of communication and does not include a person from whom another person who is not a reporter obtained information, even if the information was ultimately obtained by a reporter. See Delaware Code Title 10 Sec. 4320
• 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
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Structure: shall mean a man made object having an ascertainable stationary location on land or in water, whether or not affixed to the land. See Delaware Code Title 9 Sec. 2501
• Structure: shall mean a manmade object having an ascertainable stationary location on land or in water, whether or not affixed to the land. See Delaware Code Title 9 Sec. 2901
• Subdivider: means any person, or agent thereof, who undertakes the subdivision of land; or any successor to the rights of said person in said land. See Delaware Code Title 9 Sec. 3001
• Subdivision: means :

  a. See Delaware Code Title 9 Sec. 3001

• 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
• Testify: Answer questions in court.
• Testify: means give testimony, provide tangible evidence, submit to a deposition, or answer interrogatories. See Delaware Code Title 10 Sec. 4320
• 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
• 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.
• Trustee: A person or institution holding and administering property in trust.
• Unenclosed lands: means lands, other than the livestock owner's property, where the livestock would be able to run loose, free of confinement, or otherwise unrestrained by the livestock owner. See Delaware Code Title 3 Sec. 7700
• Within the scope of his or her professional activities: means any situation, including a social gathering, in which the reporter obtains information for the purpose of disseminating it to the public, but does not include any situation in which the reporter intentionally conceals from the source the fact that he or she is a reporter and does not include any situation in which the reporter is an eyewitness to or participant in an act involving physical violence or property damage. See Delaware Code Title 10 Sec. 4320
• Wrongful act: means an act, neglect or default including a felonious act which would have entitled the party injured to maintain an action and recover damages if death had not ensued. See Delaware Code Title 10 Sec. 3721