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OF TITLES TO REAL PROPERTY.

Proviso,

structed.

sions aforesaid, shall also be held liable for all damages committed by said animals, to be recovered in like manner for the benefit of the damaged party: Provided said penalty or damages be sued for within twenty days after each transgression or trespass.

SECTION 6. Nothing in this act shall be construed to interfere Act how conwith or prevent parties from proceeding with such animals as provided in the laws concerning strays.

SECTION 7. That the provisions of this act shall apply to Act to apply “Vandever Avenue" and the “Marsh Road,” roads belonging to roads. Cherry Island Marsh Company.

Passed al Dover, January 31, 1866.

to

CHAPTER 26.

OF JOINT ESTATES AND PARTITION.

Rev. Code, 256.
SBC, 1. Addition to Sec. 14 of Chap. $6.

Proceeds, how ordered to be paid.

SEC. 2. Chapter, how construed.

Publication,

256.

Rev. Code.

,

paid.

An Act to amenil Chapter 86 of the Perised Code, and for other purposes. Rev. Code,

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Addition to the following be added as an amendment to Section 14 of Chapter Chapter 86, 86 of the Revised Code, viz:

Provided, That in case of division of such proceeds, the Chancellor shall have discretionary power, if in his opinion no lien how to be will be rendered insecure thereby, to order the same or a part thereof to be paid over to the party entitled. Any practice in the Court of Chancery corresponding with this amendment is hereby approved and made valid.

SECTION 2. And be it further enacted, That the aforesaid chapter shall hereafter be read and construed as hereby amended, and Chapter how in any edition of the laws hereafter to be published shall be Publication. printed at the end of the section aforesaid.

Passed at Dover, February 6, 1866.

OF TITLES TO REAL PROPERTY.

CHAPTER 27.

PARTITION OF INTESTATE LAXDS.

Sec. 1. Petitions for partition may be filed in Sec. 1. Of the order and appointment of Free
Vacation.

holders.
To whom presented.

Order when returnable.

An Act to authorize proceedings for Partition of Intestate Lands, to br

begun in vacation.

partition.

To whom presented.

SECTION 1. Be it enacted by the Senate and House of Repre

sentatives of the State of Delaware in General Assembly met, That tition for the petitions for partition of intestate real estate, or to lay off dower,

and for partition of the residue, may be filed in vacation as well as in Term time, and when filed in vacation they may be presented to the Chancellor or to the Judge of the Orphans' Court

resident in the county where the lands lie; who shall grant an of the order order for, and appoint the freeholders to make such partition, or'

to assign dower and make partition of the residue; and there

upon an order for partition, or for the assignment of dower and Order when partition of the residue, shall be issued returnable to the next returnable. term of the court, and like proceedings shall be had therein as in

other cases.

Passed at Dover, February 17, 1866.

and holders.

CHAPTER 28.

OF CONVEYANCES.

Rev. Code, 265.
Sec. 1. Section 10 Chap. S3, amended.

Sec. 1. V. S. Consuls in foreign countries au

thorized to take acknowledgment of Deeds, &c.

Rev. Code,

268.

amended.

An Act to amend Chapter 83 of the Revised Statutes of the State of

Delaware.
SECTION 1. Be it enacted by the Senate and House of Represen.

tatives of the State of Delaware in General Assembly met, That Sec. 10 Chap. 83 Rev. Code Chapter 83 of the Revised Statutes be and the same is hereby amended by inserting in the fourth line of Section 10, after the

, word “State," as follows: "before any Consul General, Consul or commercial agent of the United States, duly appointed in any foreign country at the places of their respective official residence;" also by inserting in the eighth line of the said section, after the word "his," the word "office."

Passed at Dover, January 30, 1866.

OF TITLES TO REAL PROPERTY.

CHAPTER 29.

DEEDS.

Preamble.
SE. 1. Certain deeds executed prior to 1823

may be recorded.

SEC. 2. Said deeds to be conclusive against gran

tor, and persons claiming under him.

а

recorded

An Act to render valid the acknowledgment of certain Deeds. WHEREAS there are many conveyances of lands within this State, of long standing, executed and delivered bona fide by par- Proamble. ties resident in other States, who were therefore unacquainted with the requirements of the Statutes of this State in relation to the acknowledgment of deeds, which have not been acknowledged in accordance with the requirements of the laws of this State in force at the time of their execution, and under which the parties grantee, named in the said conveyances, have entered into and held quiet and uninterrupted possession of the premises so conveyed for a long number of years; AND WHEREAS such deeds cannot be admitted to record because of such defect; Therefore,

SECTION 1. Be it enacted by the Senate and House of Represen-Certain tatives of the State of Delaware in General Assembly met, That deeds execuit shall and may be lawful for the Recorders of Deeds in and for 1825 may be the several counties of this State to receive and admit to record any deed, duly signed and sealed by the parties therein named as grantors, which was executed prior to the year A. D. 1825, though the acknowledgment of any such deed, or private examination of any married woman being party thereto, may not have been taken and certified in conformity with the laws of this State existing at the time of the execution of any such deed, and when any such deed shall be so recorded, the record, or a certified copy thereof, shall be competent evidence; and all and every such deed executed as aforesaid, when recorded, shall be as good and effectual in law as if the same had been acknowledged and the acknowledgment certified in accordance with the law existing at the time of their execution.

SECTION 2. And be it further enacted by the authority aforesaid, That no person, being grantor in any conveyance mentioned in be coneidthe first section of this act, or claiming by, through, from, or under any such grantor, shall make an entry into or have or persons maintain

any

action for, or make any claim to or in any lands, under him. tenements or hereditaments mentioned and contained in any conveyance defective as set forth in the first section of this act, and executed prior to the said year A. D. 1825, and of which the parties named in such conveyances as grantees, and their assigns, have held quiet, uninterrupted and exclusive possession since the execution of said conveyances, but shall be forever debarred

Said deeds to

. sive against grantor, and

claiming

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OF CIVIL ACTIONS IN GENERAL.

therefrom without any saving or exception whatsoever, unless such entry be made or action brought within six calendar months from and after the passage of this act.

Passed at Dover, February 15, 1866.

CHAPTER 30.

EVIDENCE

Sec. 1. Ordinances and Resolutions of the City | Ser. 1. To be admitted as evidence, &c.

Conncil of Wilmington.

Ordinances

An Act providing for the Proof of the Ordinances and Resolutions of the

City Council of Wilmington.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met, as follows:

SECTION 1. The printed copies of the Ordinances and Resoluand resolutions of the City Council of Wilmington, whether of a public or

private nature, published by authority of “the City Council," shall be admitted as evidence thereof in all courts of law or equity, and on all occasions whatever, and in pleading it shall not be necessary to recite or draw them out at large.

Passed at Dover, January 25, 1866.

evidence.

CHAPTER 31.

SURVIVENCY OF ACTIONS FOR PERSONAL INJURIES.

Sec. ). Action does not abate on death of plain

titt.
Personal representatives substituted as

plaintiff.

SEC, 2. Widow of deceased way briug such ac

tion. If no widow, the personal representa

tives.

Andrt in relation to Injuries or Death, occasioned by unlawful riolence

or negligence, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met,

SECTION 1. That no action hereafter brought to recover damages for injuries to the person by negligence or default, shall abate

Action not to abate.

OF CIVIL. ACTIONS IN GENERAL,

Widow of

by reason of the death of the plaintiff; but the personal repre, pepresenta sentatives of the deceased may be substituted as plaintiff and tives. prosecute the suit to final judgment and satisfaction.

SECTION 2. Whenever death shall be occasioned by unlawful violence or negligence, and no suit be brought by the party deceased injured to recover damages during his or her life, the widow of may bring any such deceased person, or if there be no widow, the personal or personal representatives may maintain an action for and recover damages tips for the death thus occasioned.

Passed at Dover, January 26, 1866.

action.

representa

CHAPTER 32.

OF PLEADING AND PRACTICE IN CIVIL A('TIONS

Rev. Code, 376.
Sec. 1. How suits may be brought against un.

incorporated associations using a com

mon name.
or the judgments recovered, and the

execution thereof.
A certificate of the individual names

composing said associations to be filed
in Prothonotary's oflice after 1st of
July next.

Sec. 1. Penalty for neglect.
2. No declaration required on confession

of judgment.
3. Where no declaration has been filed on

judgments D. S. B. heretofore entered,

such judgments are not invalid.

Declaration to be filed nunc pro tunc,
Sec. 4. Act to be additional to Chap. 106 of Rev.

Code.
Future publications.

Rev. Code,

376.

asso

.

of the judg

An Act in audition to Chapter 106 of the Revised Code.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met,

SECTION 1. That whenever any business is transacted in this State by an unincorporated association of persons using a common name, (ordinary partnerships excepted,) suits may be snits against

, brought and the pleadings conducted against the individuals rated a no composing such association by such common name, and judgment ciations, recovered therein shall be a lien like other judgments, and may ment and be executed by levy, seizure and sale of the personal and real executivu, estate of such association, and also that of the said persons in the same manner with respect to them as if they had been made parties defendant by their individual names; satisfaction thereof may also be obtained by attachment process. And after the first day of July next, no unincorporated association of persons (partnerships as aforesaid excepted) shall transact business in this State unless the individual names of all concerned therein shall be first certified by an officer of such association to the Pro- be filed.

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