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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

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An Act to amend Chapter 99 of the Revised Code of the State of Delaware.

Sec. 17, of Chap. 99, stricken out.

Levy, inven

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 toe andedah?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 Sheriit 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 Notice. sale, and one such advertisement shall be delivered to every per

son 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

OF JUSTICES OF THE PEACE.

executions at the time in the hands of the Constable, or Sheriff, or shall be left at the usual place of abode of such plaintiff re. spectively if there be such place of abode within the county; and if any plaintiff in any such execution as aforesaid shall reside out of the county, such advertisement shall be transmitted to such plaintiff by mail, being enclosed and addressed to him at the post office nearest his place of abode at least ten days before the day of sale.

The lien of a levy, made by virtue of such execution, shall not limitatioa continue as against subsequent execution creditors longer than two years from the date of such lien."

SECTION 2. And be it further enacted, That from and after the courte bile cont passage of this act it shall be the duty of any Constable, or Sheriff, dorse on exe upon receiving an execution, issued by a Justice of the Peace, to cite or the indorse on the back of such execution the precise time of receiving the ceiving the same.

Passed at Dover, March 22, 1867.

of lien

CHAPTER 162.

FEES

12 Volume, 6.75.

| Str. 1. Section 1 Chapter 37), amende

An Act to amend Chapter 571 of the 12th Volume of Delaware Law, entitled An Act to amend the Ninety-ninth Chapter of the Rorised Code."

12 vol. 658.

SECTION 1. Be it enacted by the Senate and House of Represen- sec. 1. casp tatives of the State of Delaware in General Assembly met, That Chapter 571 of the 12th Volume of Delaware Laws, entitled "An act to amend the Ninety-ninth Chapter of the Revised Code," be amended by striking out the words “or taken," in the one hun. How dred and twenty-second line thereof, and inserting the words " for taking," in lieu thereof.

571 amended

Passed at Dover, February 12, 1867.

OF JUSTICES OF THE PEACE

CHAPTER 163.

FEES OF JUSTICE AND CONSTABLE IN CASES OF ATTACHMENT FOR RENT.

Seri ). Justice's fees.

| Sec. 1. Constable's fees.

An Act to establish the Fees of Justices of the Peace and Constables in

cases of Attachment for Rent.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That the following shall be the fees of Justices of the Peace and Constables in cases of attachment for rent:

Justice's fees.

TO A JUSTICE OF THE PEACE.
For every affidavit certified and filed, fifteen cents.
For issuing attachment, twenty-five cents.
For entering return and filing attachment, twenty-five cents.
For making order for sale of goods, twenty-five cents.
For summoning referees and swearing the same, twenty-five

Cents.

For swearing garnishees, taking answer and rendering judgment, for each garnishee, twenty-five cents.

For rendering judgment on report of referees, fifteen cents.

TO A CONSTABLE.

Constable fees.

For attaching goods and making inventory and returning the same, one dollar, when the demand for rent shall not exceed two hundred dollars, and two dollars when the demand shall exceed that sum.

For advertising goods on order of Justice, forty cents.

For selling goods, two per cent. on the amount of sales applied to rent.

For summoning garnishees, referees and witnesses, the same fees as are allowed for like service under Chapter 571 of the 12th Volume of Delaware Laws.

Passed at Dover, February 21, 1867.

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and carrier.

Demand.

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

SECTION 1. In all cases in which commission merchants, factors, mission mer and all common carriers, or other persons, shall have a lien under chant, factor existing laws upon any goods, wares, merchandise, or other personal property, for or on account of the costs or expenses of carriage, storeage, or labor bestowed on such goods, wares, merchan. dise, or other personal property, if the owner or consignee of the same shall fail or neglect, or refuse to pay the amount of charges upon any such property, goods, wares, or merchandise, within sixty days after demand thereof, made personally upon such owner or consignee, or at his last known place of residence, then in such case it shall and may be lawful for any such commission merchant, factor, common carrier, or other person having such lien as aforesaid, after the expiration of said period of sixty days, to expose such goods, wares, merchandise, or other personal property to sale at public auction, and to sell the same, or so much Sale. thereof as shall be sufficient to discharge said lien, together with costs of sale and advertising: Provided, That notice of such sale, together with the name of the person or persons to whom such goods shall have been consigned, shall have been first published, for three successive weeks, in a newspaper published in the Advertisecounty, and by six written or printed handbills, put up in the most public and conspicuous places in the vicinity of the depot where said goods may be.

SECTION 2. Upon the application of any of the persons or cor- of applicaporations having a lien upon goods, wares, merchandise, or other pense with property, as mentioned in the first section of this act, verified by affidavit

, to any Judge of the Superior Court of this State, or to the Chancellor, setting forth that the place of residence of the owner or consignee of any such goods, wares, merchandise, or other property is unknown, or that such goods, wares, merchandise or other property are of such a perishable nature, or so damaged, or showing any other cause that shall render it impracticable to give the notice as required in the first section of this act, then, in such case, it shall and may be lawful for the Judge, or Chancellor, hearing such application, to make an order, to be

notice.

OF THE FEES OF PUBLIC OFFICERS.

Proviso.

Surplus moneys.

by him signed, authorizing the sale of such goods, wares, merchandise, or other property upon such terms as to notice as the nature of the case may admit of and to such Judge shall seem meet: Provided, That in cases of perishable property, the affidavit and proceedings required by this section may be had before a Justice of the Peace.

SECTION 3. The residue of moneys arising from any such sales, either under the first or second sections of this act, after deducting the amount of the lien as aforesaid, together with costs of advertising and sales, shall be held subject to the order of the owner or owners of such property.

Passed at Dover, March 5, 1867.

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Generals fees.

SECTION 1. Be it enacted by the Senate and House of RepresenSec. 2, Chap. tatives of the State of Delaware in General Assembly met, That 125 atended Chapter 125 of the Revised Code be amended, in Section 2nd

thereof, by adding the following words: Attorney “For obtaining judgment in suits brought in favor of the State

upon forfeited bonds and recognizances, taken after the passage of this act, for appearance in the Courts of Oyer and Terminer, General Sessions of the Peace and Jail Delivery, Mayor's Court of the City of Wilmington, and in the Superior Courts upon appeals from the Mayor's Court and from the Mayor of the City of Wilmington, $10.00, and five per cent. on the sum collected on the aforesaid judgments, but whenever the said five per cert. on the amount collected in any case shall exceed ten dollars. the last aforesaid fee shall not be paid.

For collecting the aforesaid bonds and recognizances without suit, five per cent. on the amount collected."

Passed at Dover, March 21, 1867.

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