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OF TITLES TO REAL. PROPERTY.
A further additional Supplement to the act entitled, “ An Act to extend the
time for Recording Deeds."
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Time for all deeds or letters of attorney, concerning lands, tenements, or deeds ex hereditaments, sealed and delivered on or before the first day of fanded to January, one thousand eight hundred and sixty-seven, first being acknowledged or proved and the acknowledgment or proof certified according to the laws of this State in force at the time when such acknowledgment or proof was made, may, with the certificate of the acknowledgment or proof, and all endorsements and annexations, be recorded in the office for recording of deeds in the county wherein such lands, tenements and hereditaments, or any part thereof, are situated, if lodged in such office on or before the first day of January, in the year of our Lord one thousand eight hundred and sixty-nine; and the said record, or a copy thereof, shall be sufficient evidence; and from and after the first day of January, in the year of our Lord one thousand eight hundred and sixtynine, no deed, or letter of attorney, sealed before the first day of January, in the year of our Lord one thousand eight hundred and sixty-seven, shall be recorded.
Passed at Dover, January 10, 1867.
PARTITION OF INTESTATE LANDS.
Current Volume, 26. SEC. 1. Section added.
SEC. 1. Proceeding to asla duwer autid
in vacation. Future publication.
An Act to amend the art entitled, "An Act to authorize proceedings for Current vol
partition of Intestate Lands to be begun in vacation.”
SECTION 1. Be it enacted by the Senate and House of Represenlatives of the State of Delaware in General Assembly met. That fec. added. the following be added as an additional section to said act. (viz:
OF TITLES TO REAL PROPERTY.
Proceedings to assign dower anthorized in vacation.
** SECTION 2. And be it further enacted, That proceedings for the assignment of dower alone may be begun in vacation, and the necessary orders and proceedings had thereupon, as in the cases mentioned in the preceding section."
In any edition of the laws hereafter to be printed, this section shall be added to the original act.
Passed at Dover, January 24, 1867.
Future pub lications
OP JOINT ESTATES AND PARTITION.
Revised Code, 250.
ance before him in vacation.
Chancellor in vacation,
635 may be instituted in vacation.
Sec. 22. Of the title of purchaser under sale.
Orders of investment, &c. 23. Decree for partition of lands, &c., de
rived by different titles. Return of commissioners in such cases. Chancellor may vary terms of com
A Supplement to Chapter 86 of the Revised Code, "Of Joint Estates and
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met
, That the following sections be and the same are hereby enacted and
added to Chapter 86 of the Revised Code, entitled “Of Joint Estates and Partition," and the same shall hereafter be deemed and taken to be
a part of said Chapter, to wit: Chancellor SECTION 19. The Chancellor shall have power at his discre20 appear tion, in making an order in any case pursuant to Section 9 of this
Chapter, for the appearance of a party having no known place of abode within the county, and who can not be found personally, to order such appearance to be before him in vacation, instead of in term, at a time and place in the order to be appointed; and if the parties subject to such order shall not appear, according to the direction thereof, or appearing, shall not show sufficient cause to the contrary, the Chancellor may, upon proof that service or publication has been made of such order as by the same shall have been directed, make and cause to be entered, upon the re
OF TITLES TO REAL PROPERTY.
returned to Chancellor
cord of the Court, a decree for partition and an order for the issuing of a commission pursuant to Section 10 of this Chapter, returnable at the next ensuing term of the Court. SECTION 20. The Chancellor shall have authority at his discre-Order for
partition tion, upon the application of all the parties to a proceeding in partition, to make an order for partition, returnable to himself, at chambers, in vacation, and if, upon a return of such order it shall in vacation. appear that no partition of the premises has been made, and such return be approved, an order for a sale of the premises may thereupon be made, to be returnable at the ensuing term of the Court. If, upon such return, it shall appear that partition of the premises has been made, such partition shall not be approved, or further action thereupon be had, except in term. Any order for ander os partition now pending may, upon being duly executed, be returned to the Chancellor in vacation, and if, upon such return, it shall appear that no partition of the premises has been made, and the same be approved, the Chancellor may, upon the application of all the parties entitled, make an order for the sale of the premises, returnable at the next ensuing term. An infant may join join in appliin any application under this section by a guardian ad litem.
guardian. SECTION 21. A decree for partition upon the petition of all the proceedings parties entitled, pursuant to Section 13 of this Chapter, may be made and entered in vacation as well as in term.
SECTION 22. A sale of any lands, tenements and heredita- of the title ments, pursuant to the provisions of Section 14 of this Chapter, under sale. shall pass to the purchaser thereof a title, free and discharged from all claims by virtue of any estate or interest in dower or by the curtesy in any undivided share of a joint tenant or tenant in common: Provided, That the person entitled to such interest at Proviso. the filing of the petition for partition shall have been a party to the proceeding. The Chancellor shall have authority to make all such orders touching the investment and disposal of the pro- vestment, &c ceeds of sale of any share of the premises sold which may be necessary to secure to a person having a right of dower or cur tesy in such share an equivalent interest in the proceeds of sale
SECTION 23. The Chancellor shall have authority to make a Decree for decree for partition in one proceeding under this Chapter, of lands, &c., several tracts or parcels of land and premises held by the same persons as joint tenants or tenants in common, although said titles, several tracts or parcels may have been derived by different titles, and although any one or more of the tenants may not hold a like share, proportion, or interest in all of the said several tracts or parcels. In such case it shall be competent for commissioners appointed under Section 10 of this Chapter to return a partition Commission01 a part of the lands and premises embraced in said proceeding,
Orders of in
derived by different
ers in such cases,
OF THE ADMINISTRATION OF ESTATES.
Chancellor may vary terms of commission.
and to return the residue of the same without partition, and further proceedings shall be in accordance with the return so made. The Chancellor may vary the terms of the commission as may be necessary to adapt it to cases contemplated by this Section.
Passed at Dover, January 18, 1867.
ETTLEMENTS AND ACCOUNTS TO BE RECORDED
SEC. ). Accounts of Executors, Administrators
and Guardians to be recorded.
Sec. 4. Costs of recording, how paid
An act requiring the Registers of Hills in and for the sereral Counties
of the State to record Settlements and Accounts of Executors, Administrators and Guardians passed by them. also to harr the same properly indered.
SECTION 1. Be it enacted by the Senate and House of Represen
latives of the State of Delaware in General Assembly met, That Accounts of the Registers of Wills, in and for the several counties of this administra. State, from and after the passage of this act, shall record in their
offices all accounts and settlements of executors, administrators guardians to be recorded and guardians, as the same shall be passed by them. Registers to SECTION 2. And be it further enacted, That the Registers afore
said are hereby directed and empowered to procure suitable and uniform books, in which they shall record the accounts and settlements aforesaid; also index books for the same, in which they shall keep a direct and indirect alphabetical index of all such settlements and accounts.
SECTION 3. And be it further enacted, That the Levy Courts of be paid for the several counties of this state shall pay the cost of the afore
said books of record and index, together with the just and reasonable expenses of the Registers in procuring the same.
SECTION 1. And be it further enacted, That the cost of record paid. ing and indexing the settlements and accounts aforesaid shall be
paid out of the funds of the estate to which they relate, as provided in the next section.
SECTION 5. The Registers shall receive, for recording and in
Costs of re. cording how
OF COURTS OF JUSTICE.
dexing the accounts and settlements aforesaid, the following compensation, to wit: where the whole amount of the estate does not exceed three hundred dollars, one dollar; over three hundred dollars and less than five hundred dollars, two dollars; over five hundred dollars and less than one thousand dollars, three dol. lars; and for every additional five hundred dollars or fractional part thereof, (in excess of one thousand dollars,) twenty-five cents additional
SECTION 6. And be it further enacted, That such record of set-Records to be tlements and accounts of executors, administrators and guardians evidence. shall be received as evidence in the several Courts of the State of Delaware.
Passed at Dover, February 11, 1867.
OF THE COURT OF CHANCERY.
Revised Code, 320.
| SEC, J. Powers of the Chancellor in vacation.
A supplement to Chapter 95 of the Revised Coule, entitled “Of the Court
of Chancery." SECTION 1. Be it enacted by the Senate anil House of Representatives of the State of Delaware in General Assembly met, That the Chancellor shall have power at chambers, and as well in va-Powers of cation as in term, to make, direct and award all such process, lor in vacacommissions and interlocutory orders, rules and other proceedings preparatory to the hearing of causes upon their merits, in the same manner and with the same effect as may be done in term, reasonable notice of the application therefor being given to the adverse party or his solicitor, to appear and show cause to the contrary. The Chancellor shall also have power at chambers, and as well in vacation as in term, to make all orders and directions touching the investment, collection and disbursement of funds in Court; also, in like manner, to appoint trustees upon petition by the parties interested, and to make any order or direction, upon application by trustees, for instructions touching the investment of trust funds; also, in like manner to make and di. rect all orders, appointments and process, under the laws of this