Proceedings to assign dower au thorized in vacation. Fotore publications. OF TITLES TO REAL PROPERTY. 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. CHAPTER 158. Rev. Code. 286. Chancellor may order an appear him in vacation. A Supplement to Chapter 86 of the Revised Code, Of Joint Estates and Partition." 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: "SECTION 19. The Chancellor shall have power at his discretion, in making an order in any case pursuant to Section 9 of this ance before 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 terin, 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. 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. partition returned to sale. SECTION 20. The Chancellor shall have authority at his discre- Order for tion, upon the application of all the parties to a proceeding in may be partition, to make an order for partition, returnable to himself, at Chancellor 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 Order of 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 pre- Infant may mises, 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. cation by in vacation. of purchaser 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 orders of inall such orders touching the investment and disposal of the pro- vestment, &c seeds 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 &c., derived by SECTION 23. The Chancellor shall have authority to make a Decree for decree for partition in one proceeding under this Chapter, of an of several tracts or parcels of land and premises held by the same different 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 Commissionof a part of the lands and premises embraced in said proceeding.. Return of ers in such cases. Chancellor may vary terms of commission. OF THE ADMINISTRATION OF ESTATES. 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. CHAPTER 159. SETTLEMENTS AND ACCOUNTS TO BE RECORDED SEC. 1. Accounts of Executors, Administrators aud Guardians to be recorded. 2. Register to procure books. 3. How said books are to be paid for. SEC. 4. Costs of recording, how paid 6. Records to be received as evidence. An Act requiring the Registers of Wills in and for the several Counties of the State to record Settlements and Accounts of Executors, Administrators and Guardians passed by them, also to have the same properly indexed. SECTION 1. Be it enacted by the Senate and House of Represenlatives of the State of Delaware in General Assembly met, That Accounts of the Registers of Wills, in and for the several counties of this executor. State, from and after the passage of this act, shall record in their offices all accounts and settlements of executors, administrators be recorded. and guardians, as the same shall be passed by them. administra tors and guardians to Registers to procure books. How said books are to SECTION 2. And be it further enacted, That the Registers aforesaid 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 aforesaid books of record and index, together with the just and reasonable expenses of the Registers in procuring the same. Costs of recording how paid. SECTION 4. And be it further enacted, That the cost of recording 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 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 dollars; and for every additional five hundred dollars or fractional part thereof, (in excess of one thousand dollars,) twenty-five cents additional. Fees. received as 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. Revised Code, 320. CHAPTER 160. OF THE COURT OF CHANCERY. SEC. 1. Powers of the Chancellor in vacation. A Supplement to Chapter 95 of the Revised Code, entitled "Of the Court Rev. Code, of Chancery." 320. the Chancel tion. SECTION 1. Be it enacted by the Senate and 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 direct all orders, appointments and process, under the laws of this OF JUSTICES OF THE PEACE. State, for the holding of inquisitions in lunacy, for the care of insane persons, and the management of their estates; and also, in like manner, to make and direct all orders and proceedings touching the care and management of estates held to charitable Sec. 17, of stricken out. Levy, inven praisement. An Act to amend Chapter 99 of the Revised Code of the State of Delaware. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, SECTION 1. That Chapter 99 of the Revised Code of the State of Delaware be amended by striking out the whole of Section 17 and inserting in lieu thereof the following, to wit: "SECTION 17. The goods and chattels taken by virtue of an tory and ap- execution issued by a Justice of the Peace, shall be inventoried and appraised by the officer levying the same, and the execution shall not bind the goods and chattels until it shall be delivered to a Constable or Sheriff to be executed, and an execution shall, from the time it is so delivered, bind all the goods and chattels of the defendant within the bailiwick of such Constable or Sheriff which shall be actually levied upon within thirty days thereafter.. they shall not be sold until ten days after the appraisement, nor until they are advertised for at least ten days, in at least five of advertised. the most public places in the neighborhood, by advertisements setting forth the goods to be sold, and the day, hour and place of sale, and one such advertisement shall be delivered to every person whose goods are to be sold, and to the defendant's landlord, or to his agent if there be such residing within the county, and one such advertisement shall be delivered to each plaintiff in the execution, and also to each plaintiff in any other execution or Goods how Notice. |