TITLE THIRTEENTH. made to or executors presumed shall be valid. Of the Administration of Estates. CHAPTER 132. OF PERSONS PRESUMED TO BE DEAD. AN ACT in relation to payments made to or by executors or administrators of persons presumed to be dead. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: That Payments whenever letters testamentary or letters of administration have by adminis- heretofore been or shall hereafter be granted by the Register of trators and Wills, in and for either of the counties of this State, upon the of persons estate of any person presumed to be dead, by reason of his or to be dead, her absence from the State, and no intelligence concerning him or her for a period of seven years, any payment made to such executor or administrator by any debtor of the person presumed to be dead, or any payment by such executor or administrator to any creditor of the person presumed to be dead in the proper discharge of his office as such executor or administrator, shall be good and valid in law, and shall operate as a discharge to any party so making such payment, though it should afterwards appear that the person presumed to be dead be actually alive at the time of the granting of the said letters. When distributions estate shall valid. SECTION 2. And be it further enacted, That whenever distriof personal bution shall be made of the residue of the personal estate of any be good and such person presumed to be dead as aforesaid, and payments shall be made in pursuance thereof, such payments shall be good and valid in law, and shall constitute in law a complete defence in behalf of the person so paying the same against any demand on the part of the person presumed to be dead, in case he shall be actually alive. Passed at Dover, January 29, 1879. TITLE FOURTEENTH. Of Courts of Justice. CHAPTER 133. COURT HOUSE OF NEW CASTLE COUNTY. AN ACT for the Removal of the Seat of Justice of New Castle County from the City of New Castle to the City of Wilmington. Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met: tion of site House, &c., SECTION 1. The Levy Court of New Castle County is hereby Acquisi authorized and directed to select and acquire, by purchase or con- for Court demnation, as hereinafter provided, a lot or lots of land in the in N.Castle city of Wilmington, in said county, for the purpose of erecting county. thereon a court house and other county buildings. authorized of indeb SECTION 2. For the purpose of acquiring said land, and erecting said building or buildings, the said Levy Court is au- Levy Court thorized and directed to borrow upon the credit of said county to borrow such sum or sums of money as may be necessary, not exceeding money. in the aggregate seventy thousand dollars, and for such purpose may issue certificates of indebtedness, of such denominations, Certificates in such form, payable at such time, and bearing such rate of in- tedness. terest not exceeding five per cent., as said Levy Court may deem Rate of expedient: Provided, That it shall not be lawful for the said Levy Court to expend for the acquisition of said land a sum ex- Maximum ceeding one hundred dollars: And provided further, That it shall money to be not be lawful for said Levy Court to expend, for the acquisition proviso. of said lands, and the erection of said building or buildings, a sum exceeding seventy thousand dollars. interest. amount of expended. Court SECTION 3. Upon the selection and acquisition of said lot or Erection of lots of land, the said Levy Court shall erect thereon a building House. or buildings for the use of said county, which shall contain a court room or rooms, and suitable offices for the Prothonotary, Court room Clerk of the Peace, Register of Wills, Clerk of the Orphans' Court and Register in Chancery, Recorder of Deeds and Sheriff, jury rooms and such other rooms and offices as may be necessary Jury rooms for the use of the courts and their officers, and also a jail for the Temporary temporary detention of prisoners. The work and materials for jail. said building or buildings shall be furnished by contract or con- materials tracts; and it shall be the duty of said Levy Čourt to advertise furnished for proposals, and to let the same to the lowest and best bidder Proposals. Work and by contract Certificate of allotments of building. OF COURTS OF JUSTICE. or bidders, subject to the approval of said Levy Court, who shall have power to reject any or all bids. SECTION 4. That when the said building or buildings shall be erected, completed and ready for use, the said Levy Court shall make and certify an allotment of the portions of said building or buildings to be used and occupied by the Courts, and for the several offices and uses designated in the third section of this Record of act, and such certificate shall be recorded in the Recorder's office for said county, and shall be conclusive as to the matters therein contained. certificate. Removal of books, &c. removal. of building. SECTION 5. Upon the recording of said certificate, the said Levy Court shall forthwith cause to be removed the books, papers, records and other property belonging to, or in anywise connected with, the county offices enumerated in the third section of this act, or with the courts of said county, from the city of New Castle to said building or buildings so erected and built in Notice of the city of Wilmington, whereof public notice shall be immediately given in such manner as said Levy Court shall direct; and from and after such removal the respective courts now held in Occupation the city of New Castle shall be held in said building or buildings in the city of Wilmington; and the said public offices mentioned in the third section of this act, shall be kept in said building or buildings in the city of Wilmington, and the said building or buildings shall be deemed and taken to be and used as and for the court house and seat of justice of New Castle County; Wilming and all the processes of the respective courts of said county ton. shall be tested at, and be returnable to, the said court house in the city of Wilmington; and in all cases whereby any law of this State, any act, ministerial, judicial, or otherwise, having retration of lation to the general administration of justice, is directed to be justice, &c. done in the said city of New Castle, such act shall thenceforth be done in the said city of Wilmington; and all laws of this State having reference to the general administration of justice in said county of New Castle, shall be read and construed accordingly. Seat of justice in Test of pro cesses. Adminis Temporary jail to be in sheriff. SECTION 6. The portion or portions of said building or buildcharge of ings which shall be designated as aforesaid for the use of the county as a jail for the temporary detention of prisoners, shall be in charge of the sheriff of said county, who shall keep the same securely, either personally or by keeper, to be by him apin N. Cas pointed; and the county jail now in use at New Castle shall continue to be used as and for the jail of said county until otherwise provided by law. County jail tle to be used as such. SECTION 7. That in case the said Levy Court shall require said lands and premises by purchase, the same shall be conveyed OF COURTS OF JUSTICE. lands. vacancy in in fee-simple, to Thomas F. Bayard, Daniel M. Bates, J. Wilkins Trustees of Cooch, Nathaniel Williams and George Z. Tybout, their heirs and assigns forever, in trust for the only proper use and behoof of the said county of New Castle; and in case either, or any of In case of the persons so named as trustees, shall die before such convey-trustees ance, or shall refuse to except said trust, it shall be the duty of the Chanthe Chancellor, upon the application of the said Levy Court, to appoint. appoint some other suitable person or persons, in lieu of him or them so dying or refusing to accept said trust. cellor to site for ciate resi to appoint sion. Assess Rule for of damages affimations ers. SECTION 8. That in case the said Levy Court shall for In case of any failure to cause be unable to agree with the owner or owners, for the pur- procure a chase of such lot or lots of land as may be selected as aforesaid, court house for the purpose aforesaid, the Associate Judge of the Superior the assoCourt, resident in said county, upon application of the said dent judge Levy Court, shall issue a commission under his hand, directed to a commis five impartial freeholders of said county, commanding them to Freeholdview the premises and assess the damages which said owner or ers. owners, will sustain by reason of the taking of said land for the ment of purposes of this act, taking into consideration all the circum- damages stances of benefit and detriment to result to such owner or assessment owners, and to make return in writing of their proceedings to Return. said judge at a time in said commission appointed. The said freeholders, before entering on the premises, shall be sworn or Oaths or affirmed, faithfully and impartially to perform the duty assigned of freeholdthem, and shall give not less than five days' notice in writing to Notices. the owner, occupier or agent in charge of said premises, and to To whom the President of said Levy Court, of the time when they will given. meet on said premises for the purposes aforesaid, and they, or a majority of them, shall assess the damages as aforesaid, and make return of their proceedings as directed by said commission. Return. Upon application of said Levy Court, or any owner or owners of such land, to said judge at any time within ten days after making of said return as aforesaid, said judge shall issue a commission of review, directed to five other freeholders as afore- Review. said, with like instructions, powers and duties as herein provided as to the first commission and the freeholders therein named. The said judge shall have the right to confirm either of said returns as he may deem proper, and upon the confirmation of such Confirmareturn, and the payment of the damages thereby assessed, the return. said land shall become the property of New Castle County; and in case the owner or owners of said land shall be incapable, unwilling, or neglect, or refuse to receive said damages, said Levy Court may deposit the same to the credit of such owner or damages. owners in the Farmers' Bank at Wilmington, and such deposit shall operate as a payment of said damages. And upon the con tion of Deposit of Record of commission &c. Donation of lands by Wilming ton. OF COURTS OF JUSTICE. firmation of said return and the payment or deposit of said damages as aforesaid, the said judge shall cause to be recorded in the Recorder's office at New Castle, the application, commission and return under which said land may be condemned as aforesaid, together with the receipts and certificates for the payment of said damages. SECTION 9. The Mayor and Council of Wilmington is hereby council of authorized and empowered to donate the land which may be selected as aforesaid, for the purpose of erecting thereon said building or buildings; and for this purpose said corporation shall have full power and authority to grant and convey said land for the use and behalf of New Castle County as hereinbefore provided. Passed at Dover, March 20, 1879. Times for said court. holding Grand additional terms. CHAPTER 134. OF THE COURT OF GENERAL SESSIONS OF THE PEACE AND JAIL DE- AN ACT appointing additional times for holding the Court of General SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That from and after the passage of this act, in addition to the days and times now appointed by law for the holding of said Court of General Sessions of the Peace and Jail Delivery, shall also commence and be held in New Castle County on the third Monday in September and the first Monday in February of each and every year, including the September term in the current year. SECTION 2. And be it further enacted as aforesaid, That the serve at the persons selected, drawn and summoned to serve as Grand Jurors at the several courts, as they are now or hereafter may be holden, shall attend and serve as Grand Jurors at the additional terms of the Court of General Sessions of the Peace and Jail Delivery Jurors of created by this act. That the persons last serving and in attendance, as Petit Jurors upon the May terms of court, as the same are now or hereafter may be held, shall attend and serve as the Petit May terms to serve at September terms. |