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.
Del. Code tit. 10, § 5093
Liability of officer for escape; action against officer
Code 1852, § 2500; Code 1915, § 4417; Code 1935, § 4875; 10 Del
Official source: Delaware Code Online. Reproduced from public-domain Delaware statutes; confirm against the official source for the current text. Not legal advice.