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OF THE ADMINISTRATION OF ESTATES.
OF THE SALE OF LANDS BY EXECUTORS AND ADMINISTRATORS.
Rev. Code, 309.
SEC. 1. Supplement to Section 4, Chapter 9.
SEC. 1. Of the widow's interest in the proceeds
An Act Supplementary to Section 4 of Chapter 90 of the Revised Statutes Rev. Code, of this State, relating to Sales of Real Estate by Executors and Admin- 309. istrators.
to Sec. 4,
SECTION 1. Be it enacted by the Senate and House of Represen- Supplement tatives of the State of Delaware in General Assembly met, That Chap. 9. hereafter upon the return of a sale of real estate by any executor or administrator to pay the debts of the decedent, pursuant to Section 4 of Chapter 90 of the Revised Statutes of this State, in cases in which the widow of the decedent is entitled to inter- of widow's est on a share of the proceeds of sale as an equivalent for her proceeds dower the purchaser may, at his election, either secure such arising from share pursuant to the provisions of the said section, or he may or Adminis pay the same into the Orphans' Court, in which case the said to pay debts. share shall be invested or otherwise secured under the direction
of the said court for the benefit of the parties interested in the
Passed at Dover, March 26, 1869.
OF THE ORPHANS' COURT.
Rev. Code, 323.
SEC. 1. Supplement to Section 22, Chapter 96.
SEC. 1. Sale of Minor's land may be made upon
An Act Supplementary to Section 22 of Chapter 96 of the Revised Statutes Rev. Code, of this State, relating to the Sales of the Real Estate of Minors.
SECTION 1. Be it enacted by the Senate and House of Represen- Supplement tatives of the State of Delaware in General Assembly met, That to Sec. 22, in any order hereafter to be granted by the Orphans' Court for the sale of real estate owned by a minor or minors, the said court, may, in its discretion, direct such sale to be made upon
minors' land may be
OF THE ADMINISTRATION OF ESTATES.
credit, either as to the whole or part of the purchase money, the payment of the purchase money to be at such time or times and made upon to be secured in such manner as the court by the order of sale or otherwise shall prescribe, and the said court shall have full power and authority to order and direct all such acts and proceedings touching the premises as it may deem necessary the better to effectuate the object of this act. In case of orders already granted and not returned, the said court, at the return of the order, may apply the provisions of this act to sales made under such orders, provided that notice to that effect be given at
Passed at Dover, April 1, 1869.
Mode of se curing money invested.
OF THE INVESTMENT OF FUNDS BY THE COURTS.
SEC. 1. Mode of securing money invested.
| SEC. 1. Proceedings by suit.
An Act to Facilitate the Securing of Funds invested by the Courts of this
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That it shall and may be lawful for the Court of Chancery, or the Orphans' Court of either county in this State, in the securing or investing of a sum or sums of money under orders of said courts respectively, to cause to be taken for the same, in any case not otherwise provided for by law, a recognizance, bond or mortgage in the name of the State of Delaware, with condition for the payment of the money so to be secured in such manner and subject to such provisions as the court taking such recognizance, bond, or mortgage, shall order, to the end that the said money may be secured for the use and benefit of the person or persons who may be entitled to or interested in the same. Upon any Proceedings recognizance, bond or mortgage so to be taken, a suit may be prosecuted to judgment and execution in the name of the State but for the use of any person or persons injured by the breach of such recognoizance, bond or mortgage pursuant to the provisions of Chapter 117 of the Revised Statutes of this State.
Passed at Dover, April 6, 1869.
An Act to Provide for the Loss by Fire of the Records of William Hazzard, Esquire, one of the Justices of the Peace in and for Sussex County.
WHEREAS by the burning of the office of William Hazzard, Preamble. Esquire, one of the justices of the peace in and for Sussex county, on the fourteenth day of February last, all the records and dockets of his office therein contained were destroyed; therefore,
has been is
the record of
SECTION 1. Be it enacted by the Senate and House of Represen- Remedy protatives of the State of Delaware in General Assembly met, That platuti tu a for the relief of the parties interested in the same it shall be judgment lawful in all cases for the plaintiff or plaintiffs in any judgment execution recorded before or rendered by William Hazzard, Esq., one of sued. where the justices of the peace of this State in and for Sussex county, said judg prior to the fourteenth day of February, in the year of our Lord met has one thousand eight hundred and sixty-nine, and which since the troyed. recovery or rendition thereof has been accidentally destroyed by fire, whereon any writ of fieri facias or venditioni exponas, or other execution, has been issued prior to the said fire and which was not destroyed thereby but is yet in existence and can be found or returned to him by the constable having the same in hand, to sue out a writ of scire facias thereon from the said justice of the peace, at any time within one year from the date of this act, against the defendant or defendants therein, or their legal representatives in case of their death, and to obtain judg. ment thereon against such defendant or defendants, or their legal representatives as aforesaid, as in any other case, or writ of scire facias issued by a justice of the peace under the provisions of Section thirty, Chapter ninety-nine of the Revised Statutes of this State: Provided a writ of scire facias on any such judg- Proviso. ment was not already by the constitution and laws of this State at the time when the same was destroyed as aforesaid.*
cution is in
SECTION 2. And be it further enacted as aforesaid, That when when no no writ of execution or venditioni exponas is in existence or out- writ of exestanding in the hands of any constable, or can be found on any existance on such judgment so destroyed as aforesaid, it shall be lawful for judgment,
OF CIVIL ACTIONS IN GENERAL.
the plaintiff the plaintiff or plaintiff's in any such judgment, at any time within as originally one year from the date of this act, to recover and obtain judgment again on the original account, note or demand in such case against such defendant or defendants, or their legal representatives in case of their death, in the same manner as such original and destroyed judgment was obtained or recovered thereon, and in any proceeding before said justice of the peace to obtain or recover such a judgment a second time on any such account, note or demand, competent evidence of the prior existence and subsequent destruction of the same as aforesaid shall be admissible for the purpose of obtaining or recovering thereon as aforesaid a second time, and without proof of such destruction no writ of scire facias shall be issued and no judgment shall be rendered a second time on any such judgment, or on any such acccount, note or demand, as is hereinbefore provided for. Passed at Dover, April 8, 1869.
Rev. Code, 376.
Sec. 4. Chap. 106 amended
OF PLEADING AND PRACTICE IN CIVIL ACTIONS.
[An Act further to amend Chapter 106 of the Revised Statutes.]
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
SECTION 1. That the first paragraph of Section 4 of Chapter 106 of the Revised Statutes as amended, be further amended by adding to the end of said paragraph the following, viz: "Any affidavit authorized under the provisions of this chapter may be Before taken, out of this State, before any judge of any court of record, Vits may be the mayor or chief magistrate of any city or borough, a comtaken out of missioner of deeds for this State, or any consul or vice consul
of the United States; such affidavit being certified under the hand and official seal, or seal of court, city, or borough, as the case may be, of the person taking the same.
Passed at Dover, March 16, 1869.
OF CIVIL ACTIONS IN GENERAL.
An Act to amend Chapter 108 of the Revised Statutes of the State of Del- Rev. Cole,
SECTION 1. Be it enacted by the Senate and House of Represen- Section tatives of the State of Delaware in General Assembly met, That Chapter 108 of the Revised Statutes of this State be amended by adding thereto as the 9th Section thereof the following: "In all legal proceedings in this State wherein an oath or affidavit is required to be made by any person not residing in this Who, residState, such oath or affidavit may be administered and certified in this State, the same manner and by the same persons as the laws of this may adminState prescribe for taking the acknowledgment of deeds or the probate of accounts against a deceased person's estate where the said acknowledgment or probate is made out of this State. Passed at Dover, January 25, 1869.
ing out of
A Supplement to an Act entitled, "An Act to amend Section 36, Chapter 12 Vol. 360. 111 of the Revised Statutes of the State of Delaware,” passed at Dover, Rev. Code, March 25, 1863.
and 2 of
SECTION 1. Be it enacted by the Senate and House of Represen- Sections 1 tatives of the State of Delaware in General Assembly met, That Chap. 324, the act to which this is a supplement be and the same is hereby amended. amended in the last line of Section 1 by striking out the words "for the payment of debts;" also that said act be amended in the fifth and sixth lines of Section 2, by striking out the words "for writ of pos the payment of debts," and that hereafter the said act shall be read and construed and in all future editions of the laws shall be printed as the same is herein amended.
Passed at Dover, April 8, 1869.