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Certain persons not to suffer ani

mals of the cow kind to

run at large.

Horses not to

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An Act to restrict certain animals from running at large in Brandywine

Hundred.

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

SECTION 1. That no resident of Brandywine hundred, holding actual possession, in fee, by lease, or otherwise, of five acres or more of land in or near said hundred, and no member of a family the head of which shall hold land as aforesaid, shall suffer any animal of the cow kind, owned or held by such resident, to pasture or run at large upon the public roads of said hundred, and no non-resident of said hundred shall suffer any animal of the cow kind to pasture or run at large on the public roads of said

hundred.

SECTION 2. It shall not be lawful for any animal of the horse ran at large. kind to pasture or run at large on the public roads of Brandywine hundred.

What per fer one cow

sons can suf

to run at large.

suffer such

SECTION 3. That no other resident of said Brandywine hundred, or but one member of the family of such resident, shall suffer more than one animal of the cow kind owned or held by such resident to pasture or run at large upon the public roads of said hundred.

SECTION 4. That no person shall suffer any animal of the cow kind owned or held by such person to pasture or run at large After notice on the roads of said hundred, after notice in writing, signed by no person to three or more landholders of the school district wherein said animals to owner or holder resides, shall have been served on said owner either personally or by leaving the same at the residence of the party, to the effect that such animal is breachy and unfit to be at large.

run at large.

Penalty.

SECTION 5. Every person wilfully suffering animals to run at large contrary to the provisions of either of the foregoing sections of this act, shall be liable to a penalty of one dollar per head for each and every day such animal or animals do so run at large, to be recovered by suit, before any Justice of the Peace in New Castle county, made by any party interested, one-half of said penalty to be paid to the prosecutor and the other half to the Road Commissioners of the hundred, and the owner or holder of such animal or animals running at large contrary to the provi

OF TITLES TO REAL PROPERTY.

structed.

sions aforesaid, shall also be held liable for all damages committed by said animals, to be recovered in like manner for the benefit of the damaged party: Provided said penalty or damages be sued Provis». for within twenty days after each transgression or trespass.

SECTION 6. Nothing in this act shall be construed to interfere Act how conwith or prevent parties from proceeding with such animals as provided in the laws concerning strays.

SECTION 7. That the provisions of this act shall apply to Act to apply “Vandever Avenue" and the "Marsh Road," roads belonging to roads Cherry Island Marsh Company.

Passed' at Dover, January 31, 1866.

to

CHAPTER 26.

OF JOINT ESTATES AND PARTITION,

Rev. Code, 26.
Ser. 1. Addition to Sec. 14 of Chap. 56.

Proceeds, how ordered to be paid,

Sec. 2. Chapter, how construed.

Publication.

Rev. Code.

Proceeds,

An det to amend Chapter 86 of the Periseil Code, and for other purposes. Rev. Code,

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Addition to the following be added as an amendment to Section 14 of Chapter Chapter Se. 86 of the Revised Code, viz:

Provided, That in case of division of such proceeds, the Chancellor shall have discretionary power, if in his opinion no lien how to be will be rendered insecure thereby, to order the same or a part paid. thereof to be paid over to the party entitled. Any practice in the Court of Chancery corresponding with this amendment is hereby approved and made valid.

SECTION 2. And be it further enacted, That the aforesaid chapter shall hereafter be read and construed as hereby amended, and Chapter how in any edition of the laws hereafter to be published shall be Publication. printed at the end of the section aforesaid.

Passed at Dover, February 6, 1866.

titions for

partition.

To whom presented.

OF TITLES TO REAL PROPERTY.

CHAPTER 27.

PARTITION OF INTESTATE LANDS.

SEC. 1. Petitions for partition may be filed in | SEC. 1. Of the order and appointment of Free-
vacation.

To whom presented.

holders.
Order when returnable.

An Act to authorize proceedings for Partition of Intestate Lands, to be
begun in vacation.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Fiti petitions for partition of intestate real estate, or to lay off dower, and for partition of the residue, may be filed in vacation as well as in Term time, and when filed in vacation they may be presented to the Chancellor or to the Judge of the Orphans' Court resident in the county where the lands lie; who shall grant an of the order order for, and appoint the Freeholders to make such partition, or to assign dower and make partition of the residue; and thereupon an order for partition, or for the assignment of dower and Order when partition of the residue, shall be issued returnable to the next returnable. term of the court, and like proceedings shall be had therein as in other cases.

and Free

holders.

Passed at Dover, February 17, 1866.

CHAPTER 28.

OF CONVEYANCES.

Rev. Code, 268.

Sec. 10 Chap.

amended.

Rev. Code, 268.

SEC. 1. Section 10 Chap. $3, amended.

SEC. 1. U. S. Consuls in foreign countries au-
thorized to take acknowledgment of
Deeds, &c.

An Act to amend Chapter 83 of the Revised Statutes of the State of
Delaware.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That 83 Rev. Code Chapter 83 of the Revised Statutes be and the same is hereby amended by inserting in the fourth line of Section 10, after the word "State," as follows: "before any Consul General, Consul or commercial agent of the United States, duly appointed in any foreign country at the places of their respective official residence;" also by inserting in the eighth line of the said section, after the word "his," the word "office."

Passed at Dover, January 30, 1866.

1

OF TITLES TO REAL PROPERTY.

CHAPTER 29.

DEEDS.

Preamble.
SEC. 1. Certain deeds executed prior to 1823

may be recorded.

Sec. 2. Said deeds to be conclusive against gran.

tor, and persons claiming under him.

recorded

An Act to render valid the acknowledgment of certain Deeds. WHEREAS there are many conveyances of lands within this State, of long standing, executed and delivered bona fide by par- Preamılz. ties resident in other States, who were therefore unacquainted with the requirements of the Statutes of this State in relation to ·

acknowledgment of deeds, which have not been acknowledged in accordance with the requirements of the laws of this State in force at the time of their execution, and under which the parties grantee, named in the said conveyances, have entered into and held quiet and uninterrupted possession of the premises so conveyed for a long number of years; AND WHEREAS such deeds cannot be admitted to record because of such defect; Therefore,

SECTION 1. Be it enacted by the Senate and House of Represen. Certain tatives of the State of Delaware in General Assembly met, That deeds execuit shall and may be lawful for the Recorders of Deeds in and for 182; may be the several counties of this State to receive and admit to record any deed, duly signed and sealed by the parties therein named as grantors, which was executed prior to the year A. D. 1825, though the acknowledgment of any such deed, or private examination of any married woman being party thereto, may not have been taken and certified in conformity with the laws of this State existing at the time of the execution of any such deed, and when any such deed shall be so recorded, the record, or a certified copy thereof, shall be competent evidence; and all and every such deed executed as aforesaid, when recorded, shall be as good and effectual in law as if the same had been acknowledged and the acknowledgment certified in accordance with the law existing at the time of their execution.

SECTION 2. And be it further enacted by the authority aforesaid, That no person, being grantor in any conveyance mentioned in the first section of this act, or claiming by, through, from, or sive against under

any such grantor, shall make an entry into or have or persons maintain any action for, or make any claim to or in any lands, under hin. tenements or hereditaments mentioned and contained in any conveyance defective as set forth in the first section of this act, and executed prior to the said year A. D. 1825, and of which the parties named in such conveyances as grantees, and their assigns, have held quiet, uninterrupted and exclusive possession since the execution of said conveyances, but shall be forever debarred

Said deeds to be conclu.

,

OF CIVIL ACTIONS IN GENERAL.

Action not to
abate.

SURVIVENCY OF ACTIONS FOR PERSONAL INJURIES.

SEC. 1. Action does not abate on death of plain- SEC. 2. Widow of deceased may bring such ac-

tiff.

Personal representatives substituted as ¦
plaintiff.

tion.
If no widow, the personal representa-
tives.

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

SECTION 1. That no action hereafter brought to recover dama-
ges for injuries to the person by negligence or default, shall abate

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