Volume 14, 100. Chapter 90, OF CIVIL ACTIONS IN GENERAL. CHAPTER 140. OF ATTACHMENT. AN ACT to amend Chapter 90, of Volume 14, of the Laws of Delaware. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: 66 That Chapter 90, Volume 14, entitled "An act concerning coramended.porations," Revised Code as amended, page 379, be amended by inserting after the words "in the case of individuals," these Insurance words, but insurance companies shall not be liable to attachnot liable ment except only as to moneys due in consequence of the hapment only pening of the risk provided for in the policy of insurance." Passed at Dover, March 26, 1879. companies to attach on risks provided for in policy TITLE SIXTEENTH. Of Civil Actions in General. Volume 15, 614. Section 1. Chap. 476, CHAPTER 141. OF THE LIEN OF TAXES. AN ACT to amend Chapter 476, Volume 15, Delaware Laws. Be it enacted by the Senate and House of Representatives in General Assembly met: SECTION 1. That Section 1, Chapter 476, Volume 15, be and Volume 15, is hereby amended by striking out all the words after the word amended. 6. estate," in the 27th line of said section. Passed at Dover, March 18, 1879. OF CIVIL ACTIONS IN GENERAL. CHAPTER 142. OF PLEADING AND PRACTICE IN CIVIL ACTIONS. AN ACT to amend Chapter 106 of the Revised Code. Revised Code, 645. Section 4 of Revised SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: That Section 4 of Chapter 106 of the Revised Code, be and the same Chap. 106, is hereby amended by adding at the end of said Section 4, the Code, following: "In any affidavit to be made under this section amended. by the plaintiff in any suit, it shall be sufficient that such affidavit plaintiff in be made by the party for whose use such suit was brought, or if there be more than one by any one of such parties." Passed at Dover, March 21, 1879. Equitable a suit com petent to make affidavit. CHAPTER 143. OF EXECUTION. AN ACT to amend an act entitled "An act to amend Chapter 111 of the Volume 15. Revised Code, in relation to sale of lands and tenements under execution 617. process," passed at Dover, February 1, 1877. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Chap. 478, amended. ment of sale of real news papers. SECTION 1. That Section 1 of Chapter 478, Volume 15, Laws Section 1 of of Delaware, be and the same is hereby amended by striking out Volume 15, all of said section after the word "process," in line 27 thereof, and substituting therefor the following, namely: "notice of such sale as aforesaid shall also be advertised for two weeks previous Advertiseto the time of said sale in two newspapers of the county wherein notice of the said property is situated to be settled by the sheriff: Pro- estate in vided, That not more than three insertions per week shall be made in any one newspaper: And provided further, That if there is only one newspaper published in said county at said time, the sheriff may select a newspaper in one of the other counties, and if there shall be no newspaper in said county he may select two in the other counties: And provided further, that the publishers of said newspapers shall not be paid for such advertising a higher rate than their ordinary charges for transient advertisements." Passed at Dover, March 3, 1879. Procureinent of books by sheriffs for OF CIVIL ACTIONS IN GENERAL. CHAPTER 144. OF EXECUTION. AN ACT to authorize the Sheriffs of the several Counties to make a Record in Certain Cases. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION 1. That the sheriffs of the respective counties of this State shall procure proper books and enter therein the disrecord of position of all monies arising from the sale of property under disposition execution process, when the same is applicable otherwise than monies. to executions in their hands. of certain Books supplied by Where kept. SECTION 2. The said books shall be furnished by the Levy Levy Court Court of each county, to the sheriff of each county, and shall be kept in the Prothonotary's office of such county, as other records are kept, to be taken from there only by the sheriff's respectively, when it is necessary to make entries therein, and his Compensa compensation for every such entry shall not be less than fifty sherifi. cents, unless the said entry shall exceed five in number, when it shall be ten cents for every such entry, and such charge shall be included in the costs charged by the said sheriff. tion to What Pro SECTION 3. the Prothonotary of each County shall note upon thonotary the record of each judgment to which any application of money shall be made as aforesaid, a reference to the record so made by the sheriff. shall note in said book. Passed at Dover, March 28, 1879. CHAPTER 145. OF MECHANICS' LIEN. AN ACT in Relation to Mechanics' Liens. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, as follows, to wit: SECTION 1. It shall and may be lawful for any person or peron boilding sons having performed or furnished work and labor or material, or both, to an amount exceeding twenty-five dollars in or for Who may obtain lien &c. OF CIVIL ACTIONS IN GENERAL. contractor. the erection, alteration, or repair of any house, building, or structure, in pursuance of any contract, express or implied, with the owners of such house, building, or structure, or with the agent of such owner, or with any contractor who shall have contracted for the erection, alteration, or repair of the same, and for the furnishing of the whole or any part of the materials therefor, to obtain a lien upon such building, house, or structure, and upon the ground upon which the same may be situated or erected, subject, however, to the following restrictions, limitations, and qualifications, that is to say: That no contractor who shall Time for have contracted for the erection of any building, house, or struc- filing stateture, in whole or in part, or for the repair or alteration of the ment by same, and for the furnishing of the whole or any part of the materials therefor, shall be allowed to file any statement of his claim, as is hereinafter provided, until after the expiration of ninety days from the completion of such building, house, or structure so contracted for by him; but such contractor, in order to avail himself of the benefits of this act, shall file his statement in the manner hereinafter provided within thirty days after the expiration of the ninety days aforesaid, and all other persons embraced within the provisions of this act, and entitled to avail themselves Time for of the liens herein provided for, shall file a statement of their ment by all respective claims, in the manner hereinafter designated, within sons. ninety days from the completion of the work and labor performed or from the last delivery of materials furnished by them respectively; and every person or persons entitled to the benefits conferred by this act, and desiring to avail himself, herself, or themselves of the lien herein provided for, skall, within the time hereinbefore specified, file a statement cf his, her, or their claims in the office of the Prothonotary of the Superior Court in and Place for the county wherein such building or structure is situated. statement The said statement shall contain and set forth: filing state other per where the must be filed. First. The names of the party, claimant and owner, or reputed Names of owner of the building, house or structure, and also of the contractor, and whether the contract of the claimant was made with such owner or his agent or with such contractor. parties, &c. Second. The amount or sum claimed to be due, the nature Amount and kind of the work and labor done, or a bill of particulars of be due, &c. the kind and amount of materials furnished. claimed to Third. The time when the said work and labor or the fur- Time. nishing of said materials was commenced and finished. building. Fourth. The locality of the building, house or structure, with Locality of such description as may be sufficient to identify the same. Fifth. That the said work and labor were performed, or said Work done Claim to exceed $25. OF CIVIL ACTIONS IN GENERAL. materials were furnished, on the credit of the said building, house or structure. Sixth. That the amount of the said claim exceeds twenty-five dollars, and that the same has not been paid to the claimant. Affidavit of The claimant shall make affidavit to the truth and correctness of judgment. Relation back of lien in case of separate claim building, to the liabili building. Right to personal against not affected claimant. the said claim and of the facts stated therein. Any judgment Lien of obtained upon such claim, as hereinafter provided, shall become a lien upon such building, house or structure, and upon the ground upon which the same is situated, erected or constructed, and shall relate back to the day upon which said work and labor was begun, or the furnishing of said material was commenced, Priority of and shall take priority accordingly. In every case in which one lien. claim for work and labor or materials shall be filed by the same Claiment, person or persons against two or more buildings, houses or structures owned by the same person or persons, for building, against altering or repairing two or more buildings or structures owned separate by the same person or persons, the claimant shall, at the time of designate filing such joint claim, designate the amount which he claims to ty of each be due to him on each of such buildings, houses or structures. Nothing herein contained shall be construed to impair or maintain otherwise affect the right of any person to whom any debt may action be due for work and labor done, or materials furnished, to mainowner, &c. tain any personal action against the owner or contractor of such by this act, building, house or structure, to recover the amount of such Non-liabili- debt, nor shall any thing herein contained be so construed as to of property to render property liable to liens under this act for repairs, alteraliens for tions or additions, when the same has been altered, added to or done at the repaired by or at the instance of any lessee or tenant, without tenants. the written consent of the owner or owners, or his, her or their When. duly authorized agent first had and obtained: Provided, that the owner to re-owner or owners of any building, house or structure built, recent money paired or altered by any contractor who shall have contracted to out of con build, erect, alter or repair the same, and furnish the materials therefor, shall be, and he is hereby authorized and empowered, in case any liens shall be entered under this act upon the said building, house or structure, upon any claim or claims for materials which, by the terms of his contract, the said contractor was bound to furnish, by any person or persons other than such con tractor, to retain and withhold from such contractor so much of the moneys to be paid to him in pursuance of the contract made with such contractor, as may be necessary to liquidate and discharge such liens; and in case judgment be recovered by such lien creditors, then, in that event, to apply the said moneys, or such part thereof as may be necessary to satisfy the said judgment, to the payment and satisfaction thereof, and such pay repairs, &c, instance of Right of tain suffi tract price to discharge liens ob tained by such contractors. |