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Laws of the State of Delaware - Volume 7 - Part 2 - Page 1
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LAWS OF TUE STATE OF DELAWARE, ' TI) 1ii. E it/ 0i Oi Oun LORO, ONF TitiousAtui rIGUT iLUNmU D AND TWENTY NINE INCLUSIVE: TDIVIIICII ARE PREFIXED ; EDE DECLARA. ION OF INDEPENDENCE AND CONSTITUTION OF THE UNITED STATES. REVISED EDITION, 1829. ARRANGED AND PUBLISHED UNDER THE AUTHORITY or TILE GENERAL ASSEMBLY. Wilmington, OcT. PRINTED BY R. PORTER AND SON, NIA. RKET- STREYT.
Object Description
|Laws of the State of Delaware - Volume 07 - Part 2
|Date Original
|Laws of the State of Delaware. To the Year of Our Lord, One Thousand Eight Hundred and Twenty Nine Inclusive: To Which are Prefixed. The Declaration of Independence and Constitution of the United States. Arranged and Published Under the Authority of the General Assembly. Volume VII, Part II, Revised Edition.
|Delaware General Assembly
|R. Porter and Son, Market-Street
|Department of State
|Full Text
|LAWS OF TUE STATE OF DELAWARE, 'TI)1ii.E it/0i Oi Oun LORO, ONF TitiousAtui rIGUT iLUNmU D AND TWENTY NINE INCLUSIVE: TDIVIIICII ARE PREFIXED ;EDE DECLARA. ION OF INDEPENDENCE AND CONSTITUTION OF THE UNITED STATES. REVISED EDITION, 1829. ARRANGED AND PUBLISHED UNDER THE AUTHORITY or TILE GENERAL ASSEMBLY. Wilmington, OcT. PRINTED BY R. PORTER AND SON, NIA.RKET-STREYT. ERRATA. Page 403...-Title erase the words Religious Societies. Page 539on the top in bracketerase Lancaster and substitute Elkton. Page 732erase this line, power if two commissioners 1352, and insert the $2910 page 734, as the third line. MALTA 01ET8.] JUSTICES OF THE PEACE. 861 the case, and if he find the said party guilty, shall limit a reason- 216 fine not able fine according to the circumstances but in no case exceeding to exceeda10 ten dollars, and shall give judgment, that said party pay to the State said fine and costs and stand committed till payment; and 216 commit. the said Justice shall immediately charge a constable present with went said party, and shall enter the name of such constable upon the docket of the case ; and the said constable, if the fine and costs be not paid, shall have power to convey said party to the common gaol of the county to be therein detained by the keeper thereof, until the fine and cost be paid : for which a copy of said judgment (which copy the Justice shall make, certify and deliver to the con-staIbtl esh oanl l rneoqtu ebset ,)la wshfaulll fboer at hseu fJfuicsiteincte wina arrnayn tc. ase to receive the 2n1o7t tJou-srteicceei vo fine by him imposed or the costs. fine or costs In such case as mentioned in this section, the Justice shall have 218 Adjourn-power for sufficient cause to adjourn the hearing, taking Sedttlity ment for the appearance of the party complained against, at the time ad-journed to. It shall be lawful for a Justice of the Peace in every case of as.. 219 settletn't sault and .battery to permit the parties to settle the matter and either to discontinue any proceedings or to annul any recogni-zance upon payment of costs. If the Justice shall consider, that a case submitted to him ought 220 cases to be subjected to higher authority, he shall refuse to determine it roper plained against and the.witnesses at the court having jurisdiction per for and shall require sureties for the appearance of the party coin- "n iter tribtfl of the matter ; and in case of failure to give sureties as required, he shall commit the. party failing. Passed at Dover, January 30, 1829. LANDLORD AND TENANT. I. AN ACT concerning Landlords and Tenants. 182P Section 1. Whenever any rent, whether of money or a quantity 1 yeat or share of grain or other produce or of any thing certain or that istraineed t can be reduced to certainty, is in arrear upon a demise of lands, 3 mac. Cm tenements, or hereditaments for life or a term of one or more years 6-18 or a less time or at will ; the person entitled to such rent, wheth-er the original lessor or an assignee, heir, executor or administra-naLtArobsridgAt 2 w tor, either personally or by his bailiff, may, during the demise and 4ilstot rainnl ay' afterwards while the tenant or any person coming into possession by Or under him shall continue to hold the demised premises and the title to said premises shall remain in the person to whom the rent accrued or his heirs, devisees, executors or administrators or be in his immediate reversioner or remainder-man, distrain for the said rent in wear as well the grain, grass and other pro- 3 What ,may duce found upon the demised premises, whether growing or sever- be distroinecr 3X 562 LANDLORD AND TENANT. [RENT. a Bin. corn. ed, in sheaves, stacks or otherwise as the horses, cattlaand other 4 ex ceptions goods and .chattels being upon said premises exceptgoods and chattels not the property of the tenant but being in his.possession in the way of his trade ; or upon the demised.premises inlhe-regu-lay course of any occupation or business there carried,. -Which exception shall extend to horsesand carriages at ,a livery stable, 3 Burr. 1498 to property of boarders in a boarding house and, to the beasts of 3 She.. Corm a drover &pastured while passing throughlhe country, as well & n. 4 as to the more obvious cases - of exemption (u) according to the common law ; and also except stoves not the properly of, but hired by, the tenant and _beasts not the property ,of the tenant, ,es-coping into the demised.premises.thrOugh defect of fences, which the tenant or his landlord, was bound to repair. . 5 Goods fol- If the tenant, either during his term* estate or after the end lotwraeinde &d off thereof, remove his goods and chattels or any part thereof from the premises the demised premises witluiut payment of the rent due or growing due for the said premises, and Without license from the, landlord or his agent in writing under hand, the goods and chattels so remo-veditinless sold fairly for a valuable consideration and delivered to the buyer, shall be liable, wherever found,' to be distrained for said rent for forty days after the removal, or if the rent be not in at'- rear at the tima of the removal, for forty days after the rent shall become in arrear. Notice to the tenant to remove from the demi-sed premises shall not boa license within this provision. 6 Unreasons- Every distress shall be reasonable and not too great; any per- '" til6"68 son taking an unreasonable distress shall answer the damages to 3 Bide Corm 12 the party injured in an action on the case. 7 Notice of Sect. Q. The person or bailiff distraining as aforesaid shall distress either deliver to the tenant or leave at the mansion house, or if there be none at the most ,notorious place on the demised pre-mises written notice of the property distrained and the cause of 8 Replevin in the distress. If said property be not replevied in five days after live days, or the day of such notice, the sheriff or under sheriff of the county or appreisement any constable for he county or place, where the distress is taken, shall upon application summon . two judicious and impartial free holders of said county and administer to them respectively an oath or affirmation to appraise the said property at its true value in money according to the best of their skill and judgment; and they shall certify their appraisement with the date under their hands. s Pent, net If the rent he not of !Roney, the said sheriff, under sheriff or con-of money, stahle, shall also atinimon the said appraisers and another judicious valued and impartial freeholder of _sahl'couitty.to determine the value of said rent in m,oney and shalt administer tothem respectivelyan oath, or affirmation, to inquire diligently concerning the .;true.Value in money. of the rent, for which the distress was taken, in arrear the time of distraining and faithfully determine the ewe. Vpen such inquiry the freeholders shall 410 suph opportunity, as they shall deem reasonable, to the parties to be heard.; and, they shall severally have power to administer an oath or affirmation to wit- (a) More obvious cases of exemption at common law ore, when a tenant has in pos., session goods of another in the way of trade '; as a-horse 'at a 'smith's shop to be. shoed ; in a taylor's shop cloth or pullouts of a customer ; horses, cattle or goods of a guest in 'a tsvcin ; gists in a mill ; &c. Co. Lit 47 a& n 14. Coin, Di. Distress C. r`.n'z V.E NT.) LANDLORD AND TENANT. 363 messes ; and the said freeholders or any two of them agreeing shall certify under their hands the value of the rent in arrear. The certificate may be according to the following form : county, ss. Upon a distress for rent on the demand of 10 Certificate against We. the freeholders summoned to determine the bf value -value of said rent in money, 'upon our oath and affirma lion respectively say, that at the time of taking said distress there was rent in arrear froM the said to the mill to the 'value of Witness our hands, the day of 18 The final !wen value, so certified shall not be questioned except upon replevin of reldevin the goods distrained. No further certificate, either of the summbn-lug or the swearing or affirming of the freeholders. shall be ne-cessary ; if all the freeholders be sworn, or if all be affirmed, the certificate shall be adapted to the case by omitting the words and nrnrmation" or the words "oath and." The sheriff or under,sheriff of the county or any constable for fi sale the county or place where the distress is taken, shall have power to -sell the property distrained if not replevied or so much thereof, as shall he necessary to satisfy the rent in arrear and all costs, by way of public vendue to the highest and best bidder or bidders at any time after the expiration of six days from the day of the ap-praisement of said property, giving notice of said sale by adver- 12 Notice of tisements posted in at least five of' tile most public and suitable side places in said county at least six dap; before the (lay of sale If there be a surphis of the proceeds of such sale over satisfying the 13 Surplus rent and costs, it shall be refunded to the owner or applied accor-ding to law without delay. If through mistake or other cause a 14 second sufficient distress he not taken, distress may be made for the bal- d3isit3rtaecss Com. ance of the rent in the same manner, as for the entire sum. 11-12 It shall not be an objection to any officer acting in any of the W°011519 395 premises, that he as bailiff' made the distress. 2 Sam 268 Sect. S. The person or bailiff making a distress may suffer the .1.5 Distress property distrained to remain at large upon the demised premises left on yreini. or may impound the same either on the said premises or in any is3ems 1,nodr other convenient place in the same county. A. distress shall not but not rem°. be removed out of the county where the demised premises are situ- ved front ate : but if the said premises lie in different counties, a distress V6ildnlisod taken on any poet thereof may be carried to the mansion house or premises other most notorious place thereon, which shall for all purposes be inp parts in deemed to he the place of the taking and grainor other produce `,1011IiI4 growing on any part of such premises shall be subject to be ap-praised- by feeeholders and to be sold by the sheriff, under sheriff or constable and to be replevied by writ of replevin directed to the sheriff or coroner, all of the county where the mansion. house or other most notorious place on said premises is situate, in the same manner,- as if every paut of said premises was in said county. The person, on whose demand a distress is made, shall have a 17 Distrai-special property in the things distrained until replevin or sale rilnera'sjriZertY thereof, so that he may take the same wherever found and recover, damages for carrying away or iajueing them. In case of the property distrained remaining or being itnpound- Is mons of ed on the demised premises, the distrainer and every other person purclwers shall have right to go upon said premises to view, appraise or 11(11'- others 664 LANDLORD AND TENANT. [IRENT. chase said property, or to take the same when purchased; and if grain or other produce in the 'ground im sold, the purchaser shall hove right to do all acts requisite for saving,. cultivating,:gather-ing and taking the same. 19 Pound Meech and Sect. 4. If any pound. 'breach or rescOus be. made of. property Rescue distrained, the party injured- shall in a special action on the ease recover double damages and costs against the persons making such pound breach or rescous or any of Oen), or against the owner of the property if it have come to his possession or use. 20 Distress Sect. 5. If any distress and sale be maddlor ,rentdemanded, salewhen when no ..rent is in arrear,.the rneoa rern- t in ar- distress is made,' or his executoprse rsoorn ;a dumpoinni -sWtrhaotoser sd sehmaalln dp..;asru ctho the owner of the property so distrained and sold or his executors or administrittorsdouble the value of Said property to be recovered with costs in an action of debt, in which 'a less sum than that de- . manded may be recovered. 21 114`egulari. Sect. 6. When a distress is taken for rent justly due; no subse-ty not to vi- -quent irregularity shall make it a trespassor vitiate it; balite par-tige distress- ty.injured by such irregularity may recover' the damages sustained special dama _ges therefor on occasion of such injury and no More in a Special action on the case; unless sufficient amends shall have been- tenderedbefore Re-' tion brought, in which case there shall be no recovery. 22 Rend on Sect. 7. The sheriff or his deputy or the coroner having a Writ replevin of replevin for property' distrained shall before serving' the 'writ take bond from the plaintiff or some substantial .person for him, with sufficient surety, to such sheriff or coroner it a, penalty dou-ble the value of. said property (to be estimated by the officer serv-ing the writ, or to be appraised, if either party request it, by. two judicious persons to be summoned and sword or affirmed brsuch officer,) with condition according to the following form 28 Condition The condition of the above written obligation is such, that it at whose Suit against - a writ of replevin has been issued' out of the (describe' the court) of the State of -Delaware for county returnable to term next, or his'executors or administrators shall prosecute said suit with effect mut shall. filly:mid without de- . lay satisfy any judgment, which' shall be given against the or his executors or administrators in the said suit, then the said obligation shall be void. 24 Avowry or In every such suit the .defendant may avow or make cognizance eoguizanco generally for rent in armor' stating,to- whom,jor what premises and for what time, Without other particulars: Such. avowry .or cognizance may be entered Upon the record by way. of suggestion, if in consequence of the plaintiff being nonsuitorjudgment being giv-en on demurrer or for Other cause, it cannot be entered in the regular firi Rent course .rif the pleadings. The jury upon the trial of the action shall found by find the stint due for rent in arrear ; and after issue joined -the jury plaintiff becoming nonsuit, shall not- prevent a jury from being drawn or .sworn or affirmed or from trying the cause or from giv-ing their verdict. dotal mined If there be judgment of ,nonsoit or upon deinurrer or otherwise when no trial without trial byjury, the stun due forthe rent in.arrear may be by jury found either by a jury drawn and sworn or affirmed and giving their verdict at the bar of the court, as in 'cases of jury. trials, (the --- 865 it.uNT.3 LANDLORD AND TENANT. attion being put upon the trial list for thatpurpose,) or by a jury of inquiry upon a writ of inquiry awarded for that purpose, or oth-erwise as the court may in their discretion order; or the same may be ascertained with or without avowry or cognizance as the par-ties shall agree ;judgment shall be given for the defendant for any 20 Judgment sum so found or ascertained, ae 'debt* with costs of suit, and like for rout execution shall be had as on judgments for debt. If judgment be given' for the defendant or his executors or ad- 27 Assignm't upon the service of the writ, shall, on request assign the said bond ministrators, the sheriff or coroner, to whom the bond was taken of bond by assignment under hand and seal before at least one credible wit-ness to the defendant or his executors or administrators, or if the defendant be bailiff, to the person, on whose demand the distress was made, or his executors or administrators : the assignee may sue on the bond in his own name. Sect. 8. The husband of a woman entitled to any rent in fee 28 Husband's simple, fee tail, for life or other estate shall have the same remedy remedy by debt or distress afterher decease, as during her life, for the ar-rears of said rent accruing during the marriage. A person entitled to any rent for the life of another person may 29 one entit distrain in the same manner after the death, as during the life, of led or ano-such other person for any arrears of said rent. ther's life An action of debt shall lie for the arrears of any rent, whether in 30 Debt the, in tail or for life either during the continuance or after the de-termination of the freehold. The executors or administrators of any person, to whom any 31 Eers-- rent was in armor at the time of his death. whether such rent were Adtu'rs in fee, in tail, for life, years or other estate, shall have the'same remedy by action or distress for such arrears, as the testator or in-testate it' living could have. When any lands, tenements or hereditaments are held by demise 32 Apportion-of a person haying an estate therein determinable on a life or any rinei,u of contingency ; if such estate determine before the end of any year gig` tance°N or quarter if the relit be payable quarterly, the rent shall be up- time portioned according to the time; and the proportion thereof for the time the same has been growing due to the determination of said estate shall be paid to the lessor or his executors or administrators and may be recovered by action of debt, Or on the case; and if, in case of the determination of such estate before the end of the year or quarter, the whole rent for such year or quarter shall have been paid before such determination, a just proportion thereof according to the time (for which the rent has been paid,) to run after such de-termination, shall be refunded. Satisfaction for the use and occupation of 'lands, tenements or 33 Use and bereditaments by permission of a person, without demise by deed Brarirt or contract under seal for the rent, inay be recovered in an action lc 300 on the case upon assumpsit ; and evidence of any demise without Woodfall 4" -deed or of a contract not under seal for a certain rent, shall not defeat such action, but may be used to maintain the same. 34 Tenant in- tenSaenctt . in9te. nWdsh teon rtehmeorev es hhaisll ebffee csutsf ffircoiemn tt hger oCuonudn ttoy , bwelhieervee ,t hthe adt ea- treemotrv eo mised premises are, before the rent will become due, so as to defeat coolluoicittys from a distress for said rent, the landlord or any credible person for him 8eo6 LANDLORD AND TENANT. [RENT. Attachment may before the clerk of the Supreme Court or the prothonotary of (40) the Court of Common Pleas in said county or any person Officia-ting for either of said officers make oath or affirmation, stating , the rent and when it will be due and that he does on good grounds be-lieve, that the tenant intelids to remove his effects from said coun-ty ,and will remove the same, before the said rent will be 'duo;' thereupon a writ of attachment shall be issued out of sal& court, returnableto the next term thereof, directed to-the sheriff Or int:ase of legal exception,to him, to the coroner of said county. against.the goods and chattels, rights and credits, of such tenant and for WM-moiling the garnishees ;. if the tenant shall give to the landlord 35 Proceed- bond with sufficient surety, to be approved by the sheriff or coro-iogs nor having such writ, before the returnthere of, or by the court at the term of the return, to pay the rent when due with the costs that may be awarded to the landlord in the cane of said attachment, , the goods and garnishees shall be discharged- therefrom ; if bond as aforesaid be not given, the court shall make, an order for the sale of the goods and chattels attached or so much thereof; .asi shall lie necessary to pay, said rent with the-costs, and shall -render judg-ment against every, garnishee summoned upon the attachment up-on his answer confessing goods, monies, rights or credits hi his hands, or upon the verdict of a jury against him if required to plead, as in other proceedings by attachment. 36 issue If the tenant deny the demand of.rent, the court, whether he have given bond as aforesaid or not, shall directan issue to be tried by a jury at the bar of said court for ascertaining, whether there be a just demand of rent and the amount thereof; and the verdict upon such issue, unless set aside by the court, shall ,he conclusive. The court in respect to the costs and touching the premises gen-erally may exercise equitable powers. 38 omplus The residue of the goods or money after satisfying, the rent and costs shall be restored or paid to the tenant without -delay, Unless there be legal cause to apply the same otherwise.' - 39 Tenant Also a landlord or any credible person for him may in manner about to leave aforesaid make oath or affirmation, stating the rent which his' ten-- Stafficte ient& su not ant is to pay or render and when it will be due.,-and. that he does goods that on good grounds believe, that' the said -tenant does intend to leave can be at. this State and will depart from the same, before said rent will be tubed due, and that there are not goods and chattels, rights and credits of said tenant, that can be attached, sufficient to 'secure said rent, and that the said tenant does not, intend to make.any provision for the payment of said rent ; and thereupon proceedings shall be had against said tenant according to the twentieth- section of the Act (Attachment directing the manner of suing out ,attachments, within this govern- 2 I) only one ment." Nothing in . 40 this, section. shall be construed. to extend-to year's rent more than tnie year's rent, . , 41 Goods ta- Sect. 10. If goods and chattels of a tenant being upon premises kionen t,O f) ex ecu- held by him by demise under a rent of money be taken by virtue of &c lia-ble to year's any process of execution, attachment or sequestration, the Said 'rent of money goods and chattels shaRbe liable for the rent of said premises in armor or growing due, at the time of such.,taking,:in preferenceto -such' process ; provided that, this preference ,shall-not extend to more than one year's rent ; accordingly the landlord shall be paid ar Att. e CI44.44.4. 1114..CiCI in) 6 CAn4.--Z V.91A-C.-ttAl-0tc t AA_ o.- 1;9 V- .\ 4 t4.- GAM. " IAL 414. 'VI Wirt 0 lictAA..ct, Ittrvs- 0 °Lc 1)- 1 , J .0 a a. f a) ' 11, 4.1.41.f A. RENT.] LANDLORD AND TENANT. 567 such rent (not exceeding one year's rent) out of the. proceeds of the sale of such goods and chattels, before any thing shall be-applica-ble to such process ; but if the landlord, before the taking of the goods and chattels of his tenant by virtue of such process as afore-said, have distrained such goods and chattels for rent in arrear, such distress or the levying of the rent in arrear under it shall not preclude him from the preference given by this section. And if the grain or other produce growing or being upon premi- .42 Grain.or ses held by a tenant by demise under a rent of a quantity or share 11,ttecolatit of grain or other produce, be taken by virtue of any process of ex- kindin pre-ecaion, attachment or sequestration ; such grain or produce shall fetenoe to es-be liable for the year's rent proper to be rendered thereout in pre- m11°11 ference to such process, that is to say ; the indian corn shall be lia-ble for the quantity or share of indian corn to be rendered as rent, the wheat shall be liable for the quantity or share of wheat to be rendered as rent, and so of the other produce ; this preference ex-tending only to the rent for one year ; and such grain or produce, 43 sold on ex-if sold in pursuance of being so taken, shall be sold subject to such rent ecution sub-ject rent, and the purchaser shall be liable for said rent and the delive- to such ry thereof according to the tenant's contract and for the proper cul-tivation and care of the crop ; and in addition to the remedy aris-ing from this liability, such grain or other produce may be (Its-trained for the rent proper to be rendered thereout, when due, in the same manner, as if the same had not been sold : and it shall not 44 not to be be lawful to remove said grain or produce from the demised prem- removed iSCS without either paying the rent proper to-be rendered thereout, ment without pay- Or giving or tendering to the landlord or person entitled to said rent good security to pay the same when due ; and in case of a re-moval contrary to this provision, the landlord or person entitled to such rent may immediately follow and distrain the grain or pro-duce removed and may proceed in the same manner, as if the rent had been in arrear at the time of removal. The sheriff or other officer, who shall sell goods and chattels of 45 Notice to tenant taken upon process of execution, attachment or sequesta- Landlord of tion, shall at least ten days before such sale give written notice of not!: gf Ledo; the time and place thereof to the landlord if residing in the county, and if not, to any known agent of the landlord in the county. The levy of process of execution, attachment or sequestration a Goods in upon goods and chattels shall not prevent such goods and chattels execution from being taken and sold as a distress for rent; but the landlord milY be or person making such distress shall at least six days before the 47 Notice of sale of the goods and chattels distrained give written notice of such distress. such distress and the time and place of such sale to the plaintiff or one of the plaintiffs if several, in every such process or his attor-ney (if such plaintiff or attorney reside in the county,) or he shall forfeit the benefit of this provision. Such distress shall not impair the levy nor obstruct the authority of flee officer to sell said goods and chattels by virtue of the process at any time before the sale thereof pursuant to the distress ; and such distress or a sale pur-suant to it shall not vary the rights of the parties in respect to the application of the proceeds of the goods levied on, so as to give to the demand of rent any additional preference over the other pro- COSS. S69 LANDLORD AND TENANT. [RENT. 48 Straw, Sect. any person shall carry from demised premises any- Mantue, Sze. straw, 'Corn-husks or manure without the consent of the owner not to be re-moved of said premises, Ile shall pay to such owner double the value Of: such straw, rcorn-husks or manure to be recovered with costs in an action on the case ; but this section shall knot extend to any-Pretni: 49 restriction ses of leas quantity than five acres. . . 50 Entry on- Sect. 12. Any' contract or consent, pursuant to which a tenant, der agreem't shall enter into continue in possession of lands., tenements ;or. tIoc paasye riefn t, a hereditanients undEr an agreement to pay rent, shall be a demise; no term limit. if no term be expressly limited, the demise shall be 'construed to he edfor I year; for a year, except of houses and lots usually let for a less time; and no demise, except it be by deed, shall be effectual for a longer 61 3thonths term than one year. When lands, tenements or hereditaments are notice not gi- demised for a term of One or more years; if three months or up ren the term wards before the end of the term either the landlord do not give extended for one year notice in writing to the tenant in possession to remove, or the ten-ant do not give notice to the landlord of his intention to remove, from the demised premises. the term shall be extended for another' year, for which the tenant shall pay the rent' and all stipulations of the demise shall continue in force. If the tenant three months 52 Tenant uivirw. notice or upwards before the end ,ofthe term shall give such notice, and dein- shall not deliver up the demised premises accordingly, such ten-ering posses- ant shall pay double the rent that was payable according to the sion (Forcible en- demise ; and the withholding of the possession in such case shall try & detainer be deemed a forcible detainer and may be proceeded upon as such ; .55)3 or holding or if the tenant or any person coming into possession by permis-over ping mon or collusion with the tenant shall-hold over the demised pre-notice to him mises after the end of the term and after notice in writing given (Forcible en three months or upwards before the end of such term to the tenant try & detainer then in possession to remove from said premises, such -tenant or 13) double rent person so holding over shall pay double the rent that was payable according to the demise. Double rent payable according to this section may be levied by, distress or recovered by action in the same manner, as the single' rent, if the said demise bad continued, could have been. 04 Ejectment Sect. 13: If a tenant, on whom a declaration, inejectMent shall: penalty on to- be served, shall not give notice thereof to his landlord Or his agent naut not giv- without delay, such tenant shall forfeit and pay to such landlord ing notice the value of two years full rent of the premises to be recovered with 65 rights of costs by action of debt. -The landlord upon entering into the corn- Landlord mon rule shall be admitted defendant with his tenant in such eject-ment ; but if the tenant refuse to appear, and the landlord apply. to be admitted' defendan4 judgment shall be entered against.the casual ejector with stay of execution subject to the order of the court; and the landlord on entering into the common rule and ad-mitting on record, that and at the time of commencing, the action was, in possession of the premises mentioned in the decla-ration or any described part thereof, for which he 'defends; shall be admitted defendant. Limitation Sect. 14. An executor or administrator shall not distrain for of distress for rent in anvil* to the testator or intestate after the expiration of rent six month from the death of the testator or intestate; any other person entitled to the rent of premises but having no estate in said r3 Y LANDLORD AND TENANT. 369 premises shall not distrain for said rent after the expiration of six inontlis from the time of the same becoming in arrear ; and in no case shall a distress be taken for rent after the expiration of two years from its becoming in arrear. No distress shall remain in force more than sixty days from the titim of making it. If the property distrained be not sold within the said sixty days, it shall at the expiration of that period be dis-charged from the distress. A distress without a sale shall not satisfy -the rent for which 57 Distress such distress was taken ; but a second distress shall not be taken without sale for the said rent. Sect. 15. The fees upon a distress shall be 68 Fees For making distress and giving notice SO 50 For summoning and qualifying freeholders 50 To each freeholder 20 For advertising 40 and the rate of two cents a dollar on the proceeds of the sale appli-ed to the rent. In cases in which freeholders value the rent as well as appraise the goods, there shall be allowed only one fee for summoning and-qualifying freeholders and one fee only to each freeholder. For giving notice to landlord of sale of his tenant's goods a fee of twen-ty cents and the rate of two cents a mile from the demised premi-ses to the landlord's residence, shall be allowed. This fee shall be chargeable to the tenant and first paid on the sale of his goods. But an officer shall demand only one fee for giving such notice whatever number of executions or writs he may have in his hands against the tenant at the time. If there be executions or attach-ments in the hands of several constables at the time of giving such notice, he only, who made the first levy, shall be entitled to the fee allowed by this provision. Sect. 16. Rent in arrear or growing due may be attached. If t6a9c IR1 t at-the rent attached be not due at the return of the attachment, the court may render judgment upon such terms and may make such order, as shall be deemed proper to secure the parties and carry the attachment into effect. After attachment served, distress may 60 Distress be made for the rent attached if in arrear, unless the tenant will not prevented pay it to the sheriff to be paid into court; and in case of such dis-tress or of a distress made before service of the attachment, the attachment shall not prevent proceeding upon the distress ; but if the distress proceed to sale, the officer selling shall pay the money into court, where the attachment is depending, to abide any order that may be made in said court. In case of replevin, the court in si power of which the attachment is, shall have power to order any assignment court of the interest in the action of replevin and of the replevin bond, 6 that may be necessary to give effect to the attachment, and to en-force obedience to such order by imprisonment ; and such order in respect to the interest in the action shall have the effect of an as-signment, and any person, to whom said bond shall be assigned pursuant to such, order, may sue thereon in his own name. Passed at Dover, February 10, 1829. Siu LANDLORD AND TENANTLEGACIES. 1829 AN ACT concerning remedies by and against grantees of rever= sions or remainders in lands, tenements and hereditaments leased. 62 Remedies Section 1. Granteesbf reversions.and remainders in any lands, by & against grantees of tenements or hereditaments.let to lease and their heirs, executors, reversions, /cc administrators or assigns shall have the same remedies by entry or action or otherwise .against the. lessees, their executors, adminis-trators or assigns, for waste done, or for the non-performance of any condition, covenant or contract contained in the leases, as the - grantors could have. Also the lessees.of any lands, tenements or bereditaments for life or years, or their executors, administrators or assigns shall have the same remedies by action and advantages against the grantees of the reversions and remainders in such lands, tenements.or hereditaments or their heirs; executors, administra-tors or assigns for non-performance of any condition, covenant or contract contained in the leases (except a covenant of warranty of title,) as they could have against the grantors or their heirs, exe-cutors or administrators. 63 Rent in But rent in aruear before a grant or damages for a breach,-be-arrear before fore a grant, of a covenant or contract shall not be assignable by grant, &e. not force of this Act. assignable Passed at Dover, February 11, 1829. 0 LEGACIES. 1764 AN ACT for the more easy and speedy reccroery of legacies. Whereas the proceedings in the Courts of Chanaery, within this government, for the recovering of legacies are tedious and eipen-sive; Suits at law Section 2. It shall and maybe lawful for any person or persons, for legacies to whom any legacy or bequest of any sum or Rims Of money Or (Executors & Other goods or chattels have been or 'may be.nuido by the last will tAodrms-i9n3is)t ra. and testament of any other person or persons legally made, to cdm- menee, sue and prosecute awaction of debt, detinue or account render, as the case may require, for such legacy, after it becomes due, in any of the Courts of Common Pleas within this govern-ment: And if it shall appear that he legacy or legacies is or are due, and there be sufficient assets in the hands of the executors or administrators with testaments annexed to discharge the Just debts of the testator and the legacy or legacies bequeathed, the plaintiff or plaintiffs shall recover, With costs of suit, any law, Osage or custom, to the contrary notwithstanding. 2 Abatement Sect: S. Provided always, That where it shall so happen that there are assets in the hands of any executors or administrators with testaments annexed to discharge all the debts of the testator with'inr-overphis not sufficient to discharge all the legacies which may be given, then an abatement shall be made in proportion to the .....,,user LEGACIES S71 legacies so given, unless it shall otherwise be provided by the will. And where any legatee or legatees are or may be under ago at the time when Finch legacy or legacies shall become due, in such case. a Infant such legatee. or legatees shall and may maintain an action for their' respective legacies by guardian or next friend as fully and effec-tually, as by law they may do in any other actions whatsoever. Sect. 4. The respective courts, where the said actions shall be 4 Nett_ , commenced, upon the plea of the want of assets to pay all the debt& want of assets and legacies shall appoint auditors to examine the accounts, of the. _auditors executors and administrators with testaments annexed, who, after full hearing of the parties at such times and places, as b y them the said auditors shall be appointed with notice to the parties, shall re-port how the accounts of the executors or administrators do stand, what assets will remain after payment of all the debts, and what part of the remainder is the proportion, that ought to go towards paying of the plaintiffs legacies, having regard to all such settle-ments as have been or shall hereafter be made before any court or proper officer or officers, that may have jurisdiction and power to. settle the same ; for which proportion only, unless it be otherwise provided by the will, the court shall then award execution upon the judgment to be had in the said suit ; which judgment shall remain a security for the payment of the remainder of the said legacies and costs, when sufficient assets for the payment thereof come to the executors' or administrators' hands : And where any exception shall be taken by either of the parties to the report of the auditors; it shall and may be lawful for the court, in which the action shall be depending, on hearing of the parties to correct and amend any mis-, takes or errors, which may happen in the accounts so to be report-ed. Sect. 5. The Justices of the courts aforesaid respectively upon 5 Costs: cosideration of the report of the auditors aforesaid shall according crethmary to justice and equity either award no cost or costs out of the tes-tators' estate; or in case the executors or administrators have been faulty in delaying to pay the legacy demanded or a proportional part thereof, without sufficient excuse, then out of the proper es-tate of the executor or executors, administrator or administrators; any thing herein contained to the contrary notwithstanding. Sect. 6. Provided always, That no such suit shall be main- 6 No suit tin tamed for any such legacy until reasonable demand made of' demand and the executor or executors or administrators with testaments an- 17:Ai to TO nexed, whip ought to pay the same, and an offer made of two sufficient sureties to the said executor or executors, adminis-trator or administrators aforesaid, who, if' they think proper to accept thereof, shall become bound to them the-said executor or executors, administrator or administrators aforesaid, in double the sum of the legacy given, with condition under written, that if any part or the whole thereof shall at any time after appear to be wanting to discharge any debt or debts, legacy or legacies, which the said executor or executors, administrator 01. administrators shall not have other assets to pay, then the said legatee will return his said legacy or such part thereqf, as shall be necessary for the payment qf the said debts or the payment of a proportional part qf the said legacies. And if the said executors or administrators shall not think pro, 37,2 LEGACIESLEVY COURT. per to accept of such bond, then the said legatees - shall file the same with the, clerk of tbe court before . obtaining; any. vrocess against the executor or executors. administrator or administrators; otherwise and in default thereof: the process issued shall abate. 7 Several le- Sect. 7. Proifided also, Thatwhere there are or *May be several gate es pro- legatees and a return of part of the said legacy sued for appears oltritieflm"aebnIte necessary, in such case eachlegatee shall only be compelled:to re-turn "11. proportionable part of his legacy so as to make up the whole sum wanting. . .Passed March SI, 1764.;.. LEVY COURT. M29 AN ACT concerning the onititution V the Levy Court and Court of Appeal. Commis- Section 1. The Levy Court and Court of Appeal in each coon-sionrrs 14 ty shall be composed of coMmissioners for the hundreds respective-, .) ty in such county as follows: 2 in N. Castle The said court in New-Castle county shall be composed of ele-ven commissioners, to wit : two for Christiana luthdred, two for Atmoquinimink hundred, and one for each of the other hundreds in said county. 3 Kent The said court in Kent county shall be composed of nine com-missioners, to wit : one for Little Creek hundred and two for each of the other hundreds in said county. 4 Sussex And the 'said court in Smiex county shall be composed of ten commissioners, to wit : one for each hundred in said county. 5 elected The commiksioners of the said court in each county shall be (11-12) elected by ballot at the General Election in such county by the cit-izens residing in said county having right to vote for representa-tives ; and the election shall-be conducted according to the law re-gulating the General Election. Each commissioner shallhohl his 6 term office for the term of three years from his election ; exceptthat if (11-12) 7 vaca ncy an office become 'vacant before the regular expiration of the term thereof, a commissioner 'shall be elected to fill such vacancy 'and shall hold the. office for the residue of said term. In computing the term, the period from a General Election to the next General Election shall be reckoned a year. qualificaCns No person shall be a commissioner of the said court for a huw-deed. unless he resides and is a freeholder therein. If a person, being a COMMiSSiOnet of the said court for a hundred, removes from said hundred or ceases to be a freeholder therein, his Office shell thereupon become vacant. 9 diqualifi- No county treasurer, trustee of' the poor, coronetor'sheriff shall s cations during his office be a commissioner of the -said court; and no corn- (Offices in- missi)n& shall during the term; for which he is elected, be ap-cvmpatible) pointed a collector of a county, poor, road or State tax, county treasurer or trustee of the poor. LEVY COURT. 373 The commissioners of the said court in each county now in of- to present Ike, shall continue in office for the terms, for which they were re- conmi6smnfra spectively elected, that is to nay; a commissioner elected fora full term shall continue in office for the term of three years from his election; a commissioner elected to fill a vacancy shall continue in office for the residue of the original term ; and if there be now a vacancy in the office of such commissioner, or if the office of any of the present commissioners shall become vacanthefore the regu-lar expiration of the term thereof, such vacancy shall be filled by a commissioner to hold the office during the residue of the origin-al term, so that the rotation of commissioners heretofore establish-ed shall continue. The clerk or the peace Dm each county .sball after the twelfth 12 Clerk of and on or before the fifteenth day of September in each year under Pea" his hand and seal of office make known to the sheriff of his county duW the hundreds, for which commissioners of said court in said coun-ty are to be elected at the next General Election, statingtho names and hundreds of the commissioners, whose terms of office will expire, and the name and hundred of any commissioner, whose office has become vacant, if such vacancy have happened ; and if afterward and on or before the twenty-eighth day of Sep-tember, the said clerk shall he duly informed of a vacancy in said office not made known to the sheriff as aforesaid, he shall immedi-ately make the same known to the Sheriff in manner aforesaid ; and the sheriff shall within two days give public notice thereof by a 13 Sheriff proclamation posted in one or more of the most public places in each hundred of his county, and also give written notice thereof to the inspector of each hundred in said county. Every commissioner before taking his seat as a member of said 13 Oath court shall make oath or affirmation according to the following form; I do solemnly swear (or affirm) that I will perform the duties of my office of commissioner of the Levy Court and Court of Appeal truly, diligently and failkful ly according to law, and in eve-ry case , o equal right and justice according to the best of my skill and judgment, so help we God, (or, so I do solemnly affirm which oath or affirmation may be administered by the clerk of the peace or any commissioner of said court ; and an entry thereof shall be made in some book of said court. A:majority of the commissioners of the said court in each court- 14 Quorum ty shall.constitute a quorum to do business ; but a smaller number 06-213 may adjourn the court or administer the oath or affirmation and give instructions to assessors, as prescribed by law in these parti-culars. Passed at Dover, January 30, 1829. AN ACT concerning the Levy Court, Clerk of the Peace, Asses- 1825 sors, Collectors and County Treasurers; Section 1. The Levy Court and Court of Appeal in each coun-ty shall meet at the Court House of their county three times in cv- 15 days oi ery year, that is to say ; on the last Tuesday of September, on meeting S'4 LEVY -COURT.. the first Tuesday of February and on the first Tuesday of March, and may adjourn' from time to time :O. occasion shall require ; and one' commissioner, if no more shall attend on anyday of meeting,. or the clerk of the peace, if none attend, shall have power to ad-7 16 adjoumrn't journ the said court. 17 Clerk of Sect: 2. Theclerk of the peace, in each county shall be the the Peace clerk of the Levy Court and Court of AppealliE: his county and IS duties shall .safely keep the books, minutes wit) -papers.telonging to said court and shall make full. and trim minutes of all ,the,proceedings of said court and shall deliver to the county treasurer, certified transcripts of :all allowances made by the said .court of the appoint-ment of collectors and the amount to be collected..by each, and a all matters, that shall concern the said treasurer or be requisite for keeping.the accounts of the county, and shall observe the or ders and Toles °Nile said court hi all things relatingtu the duty of his office: and the seal of office of.the clerk of the peace shallta is Seal the seal of the Levy Court and Court of Appeal: 20 Assessors Sect. 3. The assessors of the several hundreda in each county. lualified shall appear before the Levy Court and Court or Appeal of their. (23-24) county at the meeting of the said court on the lastiuefulay_of Ssiqailicy and shall each in the presence of. said court take an oath-or affirmation according to the following form 21 their oath / - do solemnly swear (or affirm). that rwill perform the duties of in qfficeif asssessor truly, diligent-ly and faityully according to the laws of the land; that I will spare no person jro favor, dreclion, reward. or the hope thereof; and that I will wrong no person through hatred, prejudice. or ill will ; and that I will in every case do equal right and justice according to the best of my skill and judgment. So help me God ("or so I do solemn-qffirm.) 22 instrueVas And the said court shall ,give to said assessors instructions by pre-scribing forms for their returns, and by causing to be read to them (68. 102. 103. the first,, fourth, fifth, sixth, seventh, eighth, ninth and tenth sec- 110-121) tions of the Act for the valuation of real and personal property (27) within this State" passed February 9, 1796, and the eighth section of the.additional supplement to that Act passed January (25-34) 19, 1797, and the fourth and sixth sections of this Act, and the 23 other days said court may appoint in case of necessity .other day or days for the appearance of the assessors or any ono or more of them to take oath or affirmation and receive instructions as aforesaid : and any 240uorum two of the commissioners of the said court shall constitute a quo- (14) rum for administering the oath or affirmation and giving instruc-tions to assessors. 25 Return of Sect. 4. The assessors shall respectively return their respec- Assessors tive valuations and assessments to the Levy Court and Court of Appeal of their county on the first Tuesday of February in every 36 their pro. year ; am! the Levy Court and Court of Appeal at their meeting petty valuedl in that month shall value the property and determine the personal rate of each- assessor ; for which purpose each assessor shall on the first Tuesday of February deliver to the said court a full and true statement in writing under his band and upon his solemn oath or affirmation of all his property real and personal liable to asses-pent, setting forth the quantity,.situ.ation and improvements of the LEVY COURT. s75 ital estate ; and the clerk of the peace or either of the commis-sioners of the said court is authorized - to administer and certi-fy such oath or affirmation. And the said court may examine, 27 correction correct and add to the valuations rates and assessments returned by of icturns the assessors, and may call before them every person, who ought to have been assessed and shall have been omitted by the assessors, and may require such persons to render a full and true statement 28 statements. of all his or-her property,real and personal liable to assessment, and required shall with the assistance of the assessors, who ought to have made the valuation, or otherwise make a valuation of all such property and determine the personal rate of all such persons; and such valuation and rate shall be considered in the same mannner, as if made and returned by the proper assessor, and placed upon the as-sessment list of the proper hundred or hundreds : and if any as-sessor or other person omitted and called upon as aforesaid shall refuse or neglect to deliver to the said court a full and true state- neglect or ment of his or her property as aforesaid ; or if any statement de- fraud livered shall be false and fraudulent ; in either case the said court shall ascertain by the best means in their, power the full value of the property, real and- personal liable to assessment, of every such assessor or other person so neglecting or refusing to deliver a state-meat or delivering a false and fraudulent statement, and shall double the value so ascertained ; and the amount produced shall be the valuation of such assesSor or otherperson to all intents and pur-poses; and moreover every assessor; or other person ommitted and. called upon as aforesaid shall for every neglect or refusal to deliver a statement as aforesaid or for delivering a false and fraudulent state-ment forfeit and pay to the State a fine not exceeding forty dollars with costs of prosecution to be recovered by indictment in the court of General Quarter Sessions of the Peace and Gaol Delivery : Pro-vided always that a statement shall be required from an assessor and a valuation of his property shall be made only at the time when and so far, as such valuation ought to be made according to the sixth section of this Act. And after the said court shall have ex-amined said returns and made such corrections and additions, as to them upon such examination shall seem just and proper, the clerk ' (94) of the peace shall make, and on or before the twentieth day of Feb-ruary in each year set up and publish in one of the most public 29 Clerk of ptlumbpsoineststo places of each hundred in his county an alphabetical list of the names of persons with their respective rates and valuations taken & notice of' from the assessment list of-such hundred, as the same shall stand day of Weal after such corrections and 'additions,. with a notice of the day. of , holding the Court of Appeal ; which list shall contain and specify as follows, to wit; in the year in which a general valuation of red and personal property shall be returned, the said list shall contain the-names of all persons upon the assessment list of the hundred and shall specify the real estate of each person, the number of acres and valuation, the number of slaves and valuation, the personal rate and the valuation of personal property, and ,the total amount of the rate and valuation ; and in the year in. which a general rate of persons and valuation of personal property only shall be returned, the list shall contain the names in .alphabetical order of all the per- 8011S upon the assessment list of the hundred, whose personal.pro- S76 LEVY. COURT. perty shall be valued or personal rate imposed : and such list shall specify the personal rate, and the number of slaves and the valua-tion, and the 'valuation of the personal property, and .the total. mountiof the rate and valuation;, and in all other years, the, list shall contain only additions or alterations, that shall have been made to or of the assessment list of the hundred and whewany owner of-. real estate shall not reside in the county, information of thevaluation and of the day of holding the Court of Appeal shall 30 notice to be'directed by the clerk of the peace to such owner in wieder non-resident addressed to the. nearest post-officer to him or. her, that can be conveniently ascertained. And it shall lie the duty of the asses, Sera to attend the Levy Court and. Court of Appeal on the .first Assessors Tuesday of. Febrtiaryand on the first Tuesday of March and on to attend Le- such other days, as the same court may .appoint under a penalty of vy Court twenty dollars for every neglect or refusal to be recovered by 41.: dictatentowith costs. . . . Sect. 5. The Levy Court and Court of Appeal in each.county shall sit, as .a Court of.Appeal, on the first Tuesday of March in 32 Appeal every year and on such days and times thence ensuing, as it shall (128) be necessary to adjourn to, and shall examine the rates and velum tions. made and returned by the assessors and the corrections there, of and additions thereto, that may have been .made, and shall re-ceive. hear and determine appeals against any the said rates and valuation's, and shall have full power either upon their own exam-ination or upon appeal, to increase or diminish any. rate or valua-thin for just cause, and to call before them any person or persons, whose names ought to he placed on the assessment list and who shall have been omitted by the assessors or by the said court at their former meetings, and to fix the personal rate and make a vald. nation of the property of such person or persons according to:tian provisions contained in the fourth section of this Act; and the said court may require such person or persons to exhibit a statement of his, heror their property respectively ; and a refusal or neglect- to exhibit a statement according to such reqbirement or the exhibin (27-28) ting a false and fraudulent statement shall incur the same conse-quence and penalty and be liableto the same proceeding, as pro-vided by said fourth section of this Act for the like offences; and the said court shall have power to arrange all the rates and valu, ations according to right, and justice, so. that, no person may, be unequally or overrated in the county; and if any rate or valuation shall be in a hundred, to which it does not belong, the said court se Assessm't may transfer it to the-proper hundred : and a valuation or a.981388:1 1.iet not naent list shall not be liable to be called in question elsewhere than qnutehsteiornwed iminti te Levy Coouu rt an d C out. t of Appeal; and tl e ss ame, an sh a stand in the said court,' shall be absolutely conclusive. Sect. Cy. A general rate of persona and valuation of personal pre" 34 mDeusrsamtioenn e perty in each hundred in the several counties shall list acted on for six years : and such, general rate of personn and valuation of personal property shall be made, so as to be returned on the first Tuesday of February in the year of ourlord one thous sand, eight hundred and twenty-eight andevery sixtli year thereat; ter; and a general valuation'of the real property in each hundred in the several counties shall stand and be acted upon for twelve .:11011111 LEVY COURT. 677 years ; and such general valuation of real property shall be made, so as to be returned on the first Tuesday of February in the year of our Lord one thousand, eight hundred and twenty-eight and ev-ery twelfth year thereafter,: and the present rate,s of persons and valuations of real and personal property shall stand and be acted Upon until the said day and year ; Provided always, that the as- 35 Yearly du-sessor of each hundred shall annually rate the persons of those ha- ties of Ao'rs ble to such rate, who shall have arrived to the age of twenty-one years since the making of the assessment for the preceding year, or who shall .come to reside in the county, or who shall before have been omitted, and shall value the persona/ property of all such per-sons, new leases taken by lessees of houses in boroughs, towns or villages, new ground rents, any real property that shall have been before omitted, and personal property acquired by bequest; and every assessor shall also certify and return all descents, aliena-tions and changes in the ownership of real estate within his hun-dred; and the person or persons, who by the assessment list, as the same shall be constituted or made by or from such returns, shall appear to have become and to be by reason of any descent, alienation or change the owner or owners of any real estate, shall stand assessed and charged with the valuation thereof then in force : and the return of each assessor with such corrections, as 86 returns shall be made therein by the Levy Court and Court of Appeal, shall be a part of the assessment list of the hundred, to which it shall belong, and as such be conclusive. 37 Laying Sect. 7. TIM Levy Court and Court of Appeal shall every year Taxes calculate and settle the amount of the road tax, which shall in- (41.-42) chide all sums necessary to be raised for the year for purposes con- 011ocaldsoi..3c4".. corning causeways, bridges and roads (observing as to the road ;-6-443_8540) tax in New-Castle and Sussex counties the proviso (a) to this a (41-421 section), the amount of the poor tax, which shall include all sums necessary to be raised for the year for purposes concerning the poor-house and for the support of the poor and the amount of the county tax, which shall include all other sums of money necessary to be raised for the year to discharge the demands upon the minty accrued or which it shall be deemed expedient to provide for, and shall apportion and lay such road tax, poor tax and county tax to and upon the rates of persons and valuations of real and personal property in the several hundreds, as the said rates and valuations shall stand upon the assessment lists of the Said hundreds respec-tively, at and according to a certain rate for each of the said tax-es in and upon every hundred dollars of the said rates and valua-tions, and so pro rata. And the said Levy Court and Court of Ap- 89 Warrants peal shall on or before the first Tuesday of April in every year to Collectors (64) cause to be issued to the collector of each hundred a duplicate, transcribed and certified by the clerk of the peace, of the assess-ment list of the hundred, for which such collector shall have been appointed, with a warrant annexed to such duplicate ; which war-rant shall be under the hands of two or more of the commissioners of the said court and according to the following form, filling the blanks with the proper insertions. county ss. The State of Delaware to the collector of 09 form hundred greeting : rn command you, that you collect/roof Z TI t 111111111111 LEVY COURT. dt years ; and such general valuation of real property shall be made, so as to be returned on the first Tuesday of February in the year of our Lord one thousand, eight hundred and twenty-eight and ev-ery twelfth year thereafter : and the present ,rates of persons and `valuations of real and personal property shall stand and be acted upon until the said day and year ; Provided always, that the Rs-. 35 Yearly du. sessor of each hundred shall annually rate the persons of those Ha- tics of An'rs ble to such rate, who shall have arrived to the age of twenty-one years since the making of the assessment for the preceding year, or who shall .come to reside in the county, or who shall before have been omitted, and shall value the personal property of all such per-sons, new leases taken by lessees of houses in boroughs, towns or villages, new ground rents, any real property that shall have been before omitted, and personal property. acquired by bequest; and every assessor shall also certify and return all descents, aliena-tions and changes in the ownership of real estate within his hun-dred; and the person or persons, who by the assessment list, as the same shall be constituted or made by or from such returns, shall appear to have become and to be by reason of any descent, alienation or change the owner or owners of any real estate, shall stand assessed and charged with the valuation thereof then in force : and the return of each assessor with such corrections, as as reh163 shall be made therein by the. Levy Court and Court of Appeal, shall he a part of the assessment list of the hundred, to which it shall belong, and as such be conclusive. Sect. 7. The Levy Court and Court of Appeal shall every year T87a xLesa ying calculate and settle the amount of the road tax, which shall in- (41-42) dude all sums necessary to be raised for the year for purposes con- (r)1117,1148'ez. - cerning causeways, bridges and roads (observing as to the road 3645_s540) tax in New-Castle and Sussex counties the proviso (a) to this a (41-42) section), the amount of the poor tax, which shall include all sums necessary to be raised for the year for purposes concerning the poor-house and for the support of the poor and the amount of the county tax, which shall include all other sums of money necessary to be raised for the year to discharge the demands upon the county accrued Or which it shall be deemed expedient to provide for, and shall apportion and lay such road tax, poor tax and county tax to and upon the rates of persons and valuations of real and personal property in the several hundreds, as the said rates and valuations shall stand upon the assessment lists of' the Said hundreds respec-tively, at and according to a certain rate for each of the said tax-es in and upon every hundred dollars of the said rates and valua-tions, and so pro rata. And the said Levy Court and Court of Ap- 89 Warrants peal shall on or before the first Tuesday of April in every year to Collectors 64) cause to be issued to the collector of each hundred a duplicate, ( transcribed and certified by the clerk of the peace, of the assess-ment list of the hundred, for which such collector shall have been appointed, with a warrant annexed to such duplicate ; which- war-rant shall be under the hands of two or more of the commissioners attic said court and according to the following form, filling the blanks with the proper insertions. county ss. The State of Delaware to the collector of 89 form hundred greeting : We command port. thot you collect/rem Z S78 LEVY COURT: all andt'very'Me. persons named in the duplicate hereunto annexed, for their readtaX;poor ltur and- county'la X respectively for the year the following rates in and upon every hundred* dollars Ofthe amount Qf the 'rates' and valuations, wherewith they redpective- Itraccoriling,to 'said ditplicate 'stand assessed; . and so pro rata';'that is te,Say,t therateof " per,hundred dollars/or the road tax, the. frate,Of " ,per hundred dollarsfor the porn,' tax, and the,reite'Of per hundred dollarsfor the county tax4. andifany person Or yerions`vanzediursaidditplicate shall' ,neglect or refuse; tOpay' the; said frateS in tewdays,, after you shalt deinanit the saine;itle command yon ift Slick case, that you-lerft and Make, the Said rates or the part: thereOfremaining itnpaid.withqa-alful costs in the manner''and-by the Means and proceediag4rdser. ibed by our law:, in such case Made and provided' figoods or chattels, lands or tene-inenti of anyperson so neglecting' or refusing eannot be found by 'yam Siifficient 'satisfy .such rates'with'ellits; in-such case.that you take the body of'Sach person and cOntey'hiiiilalhe'coMmongabl and dent-e,- hint to 'the' keeper of 874 gaol, Whir is' commanded to receive and detain kioijin 'Safe custody, till'the.rates,with costs be paid,ore uch Perion' Shall be* legally discharged: And we'lltither Command yon, that' you pay "the amount, which according :to this warrant :and the anneXeddiiplicati you are required to _callett;inthe manner and with-hi the times appointed by our laws i7i this behalf.:Hereof fail not at your peril. Witett;at " by order of the Levy ' Court and Court of ppeal under the 'hands of us commissioners of the Said dourt,the day of' in the year of our Lord 'One theuSand eight hundred and (A.0., r Seal of qfficep of the 9. 0 Clerk of the 'Peace: 'Attest ' Clerk of the Peace. 40 Seal And every warrant shall be sealed'with the sealof the clerk of the peace and attested by him 'acCording-to the foregoing farm: Provided always, thatthe Levy Court mid 'Court of Appeal in 41 Rood tax New-Castle county in calculating and settling the road tax shall in Newcastle include only such expenses and charges, as Shall be properly char- (Hondo, &c. SO) gentile upon the county accordink to law, and not any such sum as is to be ascertained by the commissioners °Rho roads in the several hundreds in said county, whose powers or duties shall not be in- 'Mired, altered or in any manner affected by this Act : And also, that the Levy Court and Court of Appeal in Sussex county in cal-culating and settling the road tax, shall have respect to and be 42 pi Swim governed by the law prescribing what expenses and charges shall Ontid$ 5. 8. 0. be borne by the hundreds respectively and what expenses and char-b). 04' ,ges shall be barne by the' county in relation to roads, bridges and causeways; and this 'Act shall not alter or affect any law relative to the manner, in which such expenses and-charges said county are to be borne; and also that this Act shall not impair, alter or affect any legal provisions for discharging the road tax in Sussex coUnty by work and labor or materials, LEVY COURT. 379 Sect. 8. If any person or persons shall refuse or neglect to pay 43 Powers of to the collector in ten days after demand the amount of all the rates, Collectors which such collector according to his duplicate and warrant shall Fees[31100, be required to eollect from him, her or them respectively or any foil part thereof, it shall be the duty of the collector and full power is hereby given to him to levy the said amount or the part thereof un-paid with costs by distress and sale of' the goods and chattels of the person or persons so refusing or neglecting ; and any surplus, that may be raised by the sale over the sum required, shall he paid. tothe owner of' the goods without delay; and notice of -every such sale shall be given by advertisements posted in at least four of the thost public and convenient places of the county, two of which shall be in the hundred of said collector : and if' the owner or owners of any lands or tenements in any hundred shall not reside in the hun- 4b140 tenant lia-dred, where such lands or tenements are situate, or shall be minors, or shall neglect or refuse to pay the rates laid upon the valuation of such lands or tenements in ten days after demand thereof, it .shall be the duty of the collector and he shall have power to col-lect the rates laid upon such valuation from the tenant or tenants or persons occupying and having charge of such lands or tene-ments, and to levy and make the same with costs by distress and safe of the goods and chattels of such tenant, tenants or other per-sons, if payment shall not be made in ten days after such tenant, tenants or other persons shall be required to pay such rates ; and the sum that shall be paid by or levied from such tenant, tenants or other persons shall be a set off against and be deducted from the4,5 his mole-rout or other demand of the owner 0!'owners for the use or profits "Y of Such premises, or in casothere be not rent or other demand suf-ficient to cover the sum so paid or levied, the tenant or other per-son shall have right to demand, receive and recover the same from the owner or owners with costs ; Provided that nothing herein con-tained shall alter any contract made or to be made between a land-lord and his tenant :And full power and authority is hereby,16 1111,1, given to. every collector after the first (lay of September next fel- vvhen. ba.ble lowing the issuing of the duplicate and warrant to levy and make the rates required by such duplicate and warrant to be collected ott any part thereof from the lands and tenements of the person or persons, from whom such rates according to such duplicate and warrant shall be required to be collected, in case such collector shall not be able to find goods or chattels of such person or per-sons sufficient to satisfy such rates and shall not be able to collect the same from the tenant or tenants or persons occupying and hav-ing the charge of lands or tenements according to the provision hereinbefore contained; and to this end, if there be timber or grass 4.7 "I° of upon such lands, that can be sold to satisfy the rates, the collector timber &grass shall sell so much of said timber or grass, as will be sufficient to satisfy the said rates with costs; giving notice of the sale by a4- vertisements posted in at least five of the most public and conve-nient places in the county, two of which shall be in the hundred of said collector; and the purchaser shall have full right to. take and carry away any timber or grass so sold and shall have privilege of Ingress and egress for that purpose; but if there, be not timber or grass on the premises sufficient to pay the rates, or a sale of such 48r58"..31 971 $40 LEVY COURY. timber or grass cannot be effected, then the collector 81411..Sell 'mach'tnd euilb. part of the' lands or teneinente; elfail be' eiiffi- `tient said rates with CiiSts';'*iVing at lead fifteen 99 podce I sale bY ail Vertieeinetita !united ii ut'eaSt ten of 'theinoitepidilic: and 'cOirvenient :places Of the COunty'and,ilie at IOW-fifteen-44s written' notice to the miner Or Owners; if residing 60 ream :' and such sale of lands Or tenements shall be reitirn-sate 61 tollie Court .of Common Pleas at 'the 'neit term in the county, Where'tlie premises lie, after Making Snell, kale; and the stiid.Court nitiY inquire'into' the circumstances of the kaidiale and Shall' either apprOve or set'aside theSame ; if the 'Collet' shall approve the' (§g) theithilleetor'Shill Make a 'deed to the purehneer 'or 'purehasers for 'thePreinikes sold ;' and thereby `the estate and title of the Per-seri' or persons, as 'whose 'property . the premises shall besold, -shill pass ; if the Court shall set asidithe sale; an order may be Made, if &eine& proPer, for another sale, which shall be returned and 'approved or set 'aside in like manner, and. so' on till the rates -shall.be 66116:tad ; and if it shall be Made to appear to the' said 'court,' that a sale of part of the premises cannot be made, the said mayin'their discretion 'order a 'sale of the entirety, making 61 Owner such order as* to' the surplus as maybe deemed just ; but no sale may pay be'aPproved, if the owner be ready at Court to pay' the rates and costs.' And if the collector shall' not'be able to'tind goods or chattels, lands or tenements of any pereon- or'perkons Sufficient to satisfy the rates, which he shall according to' his warrant and (hid plicate- be required to collect 'from such person or persons, and such person or persons shall neglect or refuse to pay such rates in ten days after deidand, it shall be lawful fOr the eolkctor to take 02 imprison- and Imprison the body of every Such person according to the form meat and effect of said warrant : and the power of a collector to execute 58 Collector's power ex- his warrant by distress and sale of goods and chattels or by tak-tends over ing and imprisoning the body shall eAend throughout the county county in which the hundred, for which he shall be 'appointed, shall be 54 Oath of situate ; andd the oath or affirmation of a collector shallbereceived collector-of, and allowed as competent evidence in all cases _to prove a demand 5d5er1'nothde by him of rates ; and no demand shall be necessary from any per-room as to son not having a regular known residence in the county; but non-mo- looltionts residents may be proceeded against in the same manner, as if a demand had been duly made on the day of issuing the warrant : 51 rostra and no proceeding shall be had before any Justice of the Peace for lingisnwbefore the 'recovery of any rates or taxes, excepting in the. cases of per- Justices sons dying or removing from the 'County before payment : but a [Justices of person, who shall be appointed .collector and to whom a duplicate the Peace 177] and warrant shall b.,e issued 'arid 'delivered, or his executors or ad- 67 How long ministrators shall have and May exercise all the authority andliow-warrant is in era granted by this Act and proceed by all the means herein prekrib-force : bd for the collecting,' levying and making of the rates required. ac-cording to such warrant and duplicate' to be collected' for the Space of' twe Years from the date of such 'warrant: but no deliii-but della. gentles shall be allowed to any collector; eiccept-bi the Levy Court tl000deo not and Court of Appeal, 'when' sitting as a' court of appeal in March allowable al: ter next ensuing the date Of 'his ivarrant,:and.at no ether time whater- EFeeg 1o2] er. Provided, that the owners of 'inriiinds, their 'heirs, executors 11111111111111111111011 A LEVY COURT. 'or administrators or any person on their behalf shall have liberty 58 Land sold, to redeem the lands sold as afbresaid within two years from the redeemable time of sale upon payment to the purchaser, his heirs or assigns of the amount paid by such purchaser with interest for the same at the rate of twenty per centuin per annum ; and no deed shall be 59 when deed given in pursuance of such saleantil the 'time of redemption shall may be given have expired. Sect. 9. The Levy Court and Court of Appeal in each county SO collectors shall in the month of February in every year appoint a Collector appointed for every hundred hi their county, who shall hold his office for one year; and every collector shall before his appointment shallbe deem-ed complete, give bond to the State of Delaware with two or more et bond sufficient sureties being freeholders of the county to be approved (63-64-69) by the said court in a penalty to be determined by said court and to he. as nearly as can he ascertained, double the amount which such collector will be required to collect, with condition there-under written according to the following form, viz The condition of the above written obligation is such, that if the 62 conditiou above bounden being the collector of hundred in county, shall fait4fully and dili-gently collect all the rates and taxes which he shall according to the duplicate and warrant to be issued to him' as such collector be required to collect, and all taxes whatever which shall be committed to him for collection, and shall pay the amount of all such rates and taxes, ex-cepting only so far as allowances shall be made to him, by the Levy Court and Cmirt of Appeal, for delinquencies, commissions or other- -wise, to the officers authorized according to law to receive the same, in the manner and within the times prescribed by law or legally ap-pointed by the Levy Court and Court of 4ppeal of said county for that purposeand furthermore, if the said shall per-orm the _duties of his office of collector as nforesaid in all things with fulelity,then the above written obligation shall be void : And to the said bond shall be subjoined a warrant of attorney 63 judgment., to confess judgment thereupon ; and every such bond and warrant bond of attorney and judgment thereupon confessed shall be joint and several. And if any person, who shall be appointed a collector, shall refuse or neglect to give bond with sureties as aforesaid with-in such time, as the said court shall limit for that purpose, in such case the appointment shall be absolutely void ; and the said court shall appoint some other person collector for the hundred, who shall give bond with sureties as aforesaid, and in case of his refu-sal, or neglect to give bond with sureties as aforesaid, another ap-pointment shall be made; and so on until bond with sureties shall be given, as herein before required: and no warrant and duplicate s4 Warrant for a hundred shall be issued nor shall any such warrant be dated, not tilt until a collector shall be appointed for such hundred and bond and pcniter,anili security be given as aforesaid ; and every collector and his sure- bend given ties shall by and upon the issuing and delivery to him of the dupli-cate and warrant for his hundred become and be chargeable with, 0 Liability ol and responsible for, the whole amount of the rates, which accord_ collector and ing to such duplicate and warrant he shall be required to collect, sureti° and with all taxes that shall be committed to him for collection. subject only to allowances to be made by" the Levy Court and 391 68e LEVY COURT. Court of Appeal: for delinquencies, commissions or otherwise; and the .death Of the. collector shall not discharge from, nor in any maonerimpair, this responsibility; but upon the death of the col- :lector, the, power to collect all the rates not collected upon, his du-plicate and warrant at time time of his death shall devolve to. his ss Eer or executors or administrators,, Who may execute the said warrant in Ader of col- the same 'manner and by the same proceedings and as fully, as the lector collector could have done :.. Provided always, that in case a collec-tor. shall die or remove from the county, or be incapable of pr0ceed- 07 Remedy Jug in the collection, .ond the sureties for such collector or their for sureties _executors or administrators shall make application to the Levy Court and Court of Appeal for relief, thesaid court in their, dis-cs collector cretion may appoint some freeholder of the hundred collector in appointed the place of him so deceased, removed or incapable and may compel Y The delivery of the duplicate and warrant. to such collector or -cause a new duplicate and warrant to be issued to him, after he shall have given bond with sureties as herein before provided ; and such collector so appointed and his sureties shall be chargeable with all rates, which shall remain uncollected by the former col-lector, subject to allowances as aforesaid ; but such appointment shall not discharge the sureties of the first collector from any part of their responsibility under their bond nor in any manner impair such responsibility; but all monies collected by the last collector shall be carried as a credit to the charge against the first collector: and acollector so appointed in place of one so dead, removed or in-capable shall have all the powers of a collector; and the same shall devolve to his eXceuters and administrators on his death, and all the principles and provisions, that apply to the collector original-ly appointed for the year, shall apply to him excepting that his of-shall continue for the residue of the term of the collector origi- Bally appointed; and if a new warrant be issued to him, it with the du-plicate shall bear the samodate with the original warrant and du- .. 69 hood-bow plicate. for the year. And the bonds of collectors shall be filed and kept St pro- carefully kept in the office of the clerk of the Peace and shall be ded ece on proceeded on at the instance of the County Treasurer, or the Trea-surer of the Trustees of the Poor, or by order of the court afore-said. 70 Collectors Sect. 10. It shall be the duty of every collector to pay to the when to County Treasnrer of his county the amount required to be collect- (73) ed by him for the county tax, as follows ; to wit. one-third part thereof on or before the first day of July, one third part thereof on or before the first day of. October, and the residue thereof after de-ducting commissions and delinquencies on or before the first Tues-day of February, next after his appointment, and to pay to the Treasurer of the Trustees of the Poor of his county the amount re-quired to be collected by him for the poor,tax, as follows, to wit ; one-third part thereof on or before the first day of July, one third part thereof on or before the first day of October, and -the residue thereof, deducting delinquencies and commissions, on Or before the tenth day of December, next ensuing his appointment, and to pay to theCounty Treasurer of his county the amount :required to be collected by him for the road tax, as follows, to wit, one moiety thereof on or before the first day of June, and the residue thereof', 4 IJ LEVY COURT: 383. delinquencies and commissions being first deducted, on Or Wore (Roads, sze. the first day: of October, ensuing. his .appointment but in Sussex 85-94.91101) county no part of theroadtax shall be levied till the expirationof - the time for discharging it labour ; and certificates .duly.grant-ed for labor done. iii discharge of the road tax according to , law shall be received by and from: the Collector off account of that tax And the Levy Courtand Court of Appeal may in 'their discretion 71 earlier order payment Of all or any of the taxes aforesaiditt an 'earlier day payments than those before appointed, and may order payment of the road tax or any part thereof to be made to an overseer Or overseers of the roads particularly named ; Provided that this clause shall not 72 road tax control or .affect any previsions, concerning the discharge of road taxes in Sussex county by work done or materials provided. And 73 duplicate every collector shall upon paying a sum of money to the County. receipts Treasurer or Treasurer of the-Poor or .overseer of tlie:roads take two receipts, which such officers are enjoined to give, and shall de-posit one of said receipts with the clerk of the peace aids' coun-ty within ten days from taking the same ; and the Clerk of the peace shall statean account of all suck receipts with every 'collec-' tor and deliver the same as the Levy Court shalt direct : and for every neglect or refusal to take, or to give', or to deliver to the clerk of the Peace such receipt, the collector, County Treasurer, 74 penalty, or Treasurer of the poor shall respectively be liable to indictment collector, cl'k and to pay a fine not exceeding ten dollars with costs. And every t°rfe a° sena o f collector shall on the first Tuesday of March next ensuing-the issu- county and of 'lug and date of his warrant render to the Levy Court and Court Poor of Appeal of his county. a just and true account of all the rates, a7c5c0CuonlItect0r's which he shall have been required according to his warrant and duplicate to collect and of all payments byhim made ; and the said court shall proceed to examine, 'adjust and settle such account, making all just allowances ; and the adjustment and settlement by said court shall be final and conclusive : and the said court may require other accounts from the collectors, as may be deemed expe-dient. Sect. ii. The Levy Court and Court of Appeal in each county 76 County shall. in February in every year, appoint some good and substan- treasurer elk' tial freeholder of the county ,th -be the County Treasurer, who shall pointed hold his ollice for one year and shall before entering on the duties of his office give bond with two or more sufficient sureties to be 77 bond approved by the said court to the State of Delaware in the penalty or ten thousand dollars. upon condition according to the following form, viz ; The condition of the above written obligation is such, 78 condition that if the above named , being County Treasurer for county, shall and do well and truly account for all and every the sum and sums of money which shall come to his hands as such Treasurer, and shall pay and apply the same according to law, and also shall pay any balance that shall remain in his hands, after deducting froth- the amount, with -which he shall as such Treasurer be justly chargeable, all payments lawfully made by him and all allowances made to him-by the Levy Court and Court of appeal of county, to his successors in office, Or otherwise as the said court shall order and appoint, and furthermore, if the said ' shalt, pet:Pm the 384 LEVY: -COURr. duties of his gifice of County Treasurer as aforesaid in all thing Withfidelity;,then;the.above.written obligation:shall be,;ooid : 79 judgment And:to thosaid ,bontithere shall be subjoined, a warrant of attor- bond ney to:Colifess-,,judgment thereon ; andthe said! bend 'and. warrant and, the judgment thereini.enteredshall be joint, and several.* '!And if anypereon being. appointed .Coutity Treasurershall neglect, or. - refuse to giVe bond with sureties as aforesaid, 1;i-thin such time as thesaid! .,court shall, order, the appointment: shalt be abseltitel3t. void.:. and another perstin, may t be appeititeif by said court, who Shall give bond , with sureties as aforesaid; and so on until bond with sureties:shall be-given. ' ; : so tluty or ;, Sect.. 1 It shall.: be the duty of the .CountyTreasurer .to de- County TreS. mandand receive: from the collector of. ()Very' hundred in his surer count i the 'amount of: the rates, which Bach *collector according to-his duplicate, arid, warrant shall be required to collect for the coun-ty tax and the read tax, as the .same shall according to this Act be. payable, excepting only .so mitch.of the tax lasthe Levy Court and Court Of Appeal may-order to he paid by the collectors or any of theta to overseers of roads, and to keep just accounts with every vol.-, lector, charging Iiimwithtlie respective, amounts of the rates requi, red to becollected 'by him for said taxes, separating and crediting him with all payments by hint made on account of, each of said taxes distinctly.; and in 'Sussex County certificates ..for labor granted according to law shall be credited to the collector as to the road: tax; and;it Shall also be the duty of the County Treasurer to re, ceive all -such other sum or sums of money as the Levy Court and Court of Appeal may cause to be:raised or procured for the use of, the county whether by loan or otherwise; and it shall liwther be the duty of the County Treasurer to punctually pay and apply the mo-ney, which he shall receive (whether from collectors for rates collec-ted or by means of loans or otherwise) for the use of the county, after deducting his: commissions, to discharging allowances or orders made-by the Levy Court and 'Court of Appeal of his county, (an. account of all which orders and allowances he shall keep) and to hold,any.balance in his hands overand above satisfying such or-ders and allowances subject to the order of said court, and to pay and SI accounts apply the same as the said court shall appoint, and to keep, ajust and fair account of all his receipts and disbursements, to lay All the ac-counts belonging to his office before the said court or any committee thereof as the said court may direct, and in February in every.year to render to a committee of three :members of said court to be ap- . pointed toreceive the same a full,and just statement of all the ac-counts relating to the public in his hands ; which accounts such cowhide° or any two of them shall examine and settle ; and the settlement shall be signed by the' committee or a majority of them and the' County,Treasurer and reported to the said court in March following the appointment of such committee and.filed among the Papers-of said court. The County Treasurer shall also annually 62Sett1ement during the first week of the first term of the Court of Common before Audi* Pleas in. his county for the year, attend before the Auditor at the (Auditor of Aecoonis 9) place of .holding said court, on a day to be appointed by the Audi-tor for that purpose, whereof notice shall be given to -such Tree-sorerty the Auditor, and lay before the Auditor a just statement. 11111111P LEVY COT1RT; 385 of all the accounts. relating to the public in his hands, including therein in dollars and cents all sums of money.hyllim received, from whom and the times when, and also all disbursements 4y, him made, to whom, on what account,: and the dates of all allowances for which credit is claimed, and exhibit all. vouchees ; .and the:Audit tor shall adjust and settle the account, and his settlement shall be final. And it shall bethe further duty of the County Treasurer, his executors or administrators without delay to deliver to his succes- 110.3oLos dtiv. er sot! all the books, accounts and papers belonging to.his Once, entire to suc'ees-sor and undefaced and to pay to such successor any balance in. the handwof said Treasurer at the time of his decease or other expira-thin of his term of office. Sect. 13. The Levy Court and Court of Appeal in Kent am).84 Overseer Sussex counties respectively shall, in February every year appoint °I)tnedds HP-one or more Overseers of roads in every hundred, and shall in P such appointment specify and assign to each overseer some certain so their limits limits or particular-district of his hundred ; but abridge support-ed at the common expense of the county lying part in one hundred and part in another hundred may be assigned to an overseer in either of said hundreds, to whom shall appertain in such Case the duty and authority of overseeing and keeping in repair such bridge ; and the said court shall apportion the sum, of the road tax to 86 stun for be paid to each overseer, observing herein the provisions of the each 89 Jaw touching the expenses and charges of making and maintaining 3 roads;bridges and causeways, and shall make an order for the pay- [Roads, &n. went to the overseer of the sum apportioned to him, and may di- 35414 3,!,!,3,4. rect this sum to be paid either by the collector or County Treasurer, iou and shall an or before the first Tuesday of March yearly, cause to be issued to each overseer a warrant. under the hand and seal 87 Warrants of office of the Clerk of the peace, specifying the limits or district assigned to him, and the sum of the road tax apportioned to him ; and the receipt of the overseer shall be a good voucher to the offi-cer directed to pay him : and the clerk of the peace shall deliver 8,5 Cl'k of the to the County Treasurer and the respective collectors a copy of all v inarcoeptv° such orders, as shall concern them respectively : but the said court 89 apportion may in case of necessity alter an apportionment, provided it can meat varied be done without prejudice to what shall have taken place ; and also the said court in case of emergency may lay and require collection of an additional road tax : and the collectors shall be under the 90 additional same obligations, and have and may exercise the same powers, as road tax are herein provided in relation to the original tax, for collecting and levying such additional tax ; and in Sussex county the said court shall prescribe the time within which such addi-tional tax may be paid by work and labor or materials. And 91 Vacancy if any overseer of roads in any hundred in Kent or Sussex coun-ties shall die, remove from the hundred, be unable to imam) the duties of his office or refuse to serve, the Levy Court and Court of Appeal shall have power to appoint an everseor in his [dace, and the warrant issued to the first overseer or a new one shall be de- 92 ace% of livered to . hint. And every overseer of roads in the respective erarc9"ice, hundreds of Kent and Sussex counties shall render to the Levy Court and Court of Appeal in his county on the first Tuesday of February ensuing his appointment a just and true account of all 3' A .386 LEVY COURT. nfonies"-receivedly iiim and of all disburseinents made by ldnr, and the peranns frbinand,to whom and theA ates, and the particular days'Orwiniting,. and on What roads, and; theoumberof workmen 93 settlement Or:laborergemplOyed each day; and he-shall exhibit all his vouch ers'i and the'said:CoUrt shall adjust and settle all such , accounts, and °their settlement shall belinal and conclUsiiel,but,no overseer Shall be' alloWed in such account for workrrien; 'laborers,,` slaves, 91 not to 'fur- teanii,'*OrkhOrsea',' materials or other matters 'furnished from:his 11" materials own '6§tate, excepting that in the county of Sussex an overseOrmay &v. discharge.' his'OVvri. road tax by labor in like Manner, is others. And in Kent. or Sussek, County- the offices of the Commissioner of the Levy. Court and Court or Appeal and of 'overseer of-the:roads shallnOt be held atthosame time by -thesame,person. ' 95 Form of Sect'. 14 :The, Levy Court and Courtof Appeal may prescribe Accounts the form in'mhich the several accounts to be rendered to them shall ' be draWniand the manner, in which the same shall be verified: t. 9 Penalty on Sect..- 15. If any. clerk'of the peace shall refuse or neglect, to 6 Cleth of the perform any of the duties enjoined .uponliim by this Act,- he shall Peace and for every Such refusal or neglect, forfeit and pay to the State a fine Overseer of not less - than twenty dollars nor more than' fifty dollars; and' if dnlault Roadsfor any personi appointed an 'overseer of 'roads pursuant to this Act shall, refuse to serve in that office,.or shall refuse 'or neglect to per-form ,the duties thereof, he shall, for every such refusal orneglect, forfeit and'pay tOthe State a fine of twenty dollars : which fines shall be recovered by indictment in the Court of General Quarter Sessions of the Peaceand Gaol Delivery within the county, where the'Offence happens,' with full' costs of prosecution. 97 Constables Sect.' 16. The. Levy Court and Court of Appeal in each county attending Le. shall have power to select and require two of the constables of the vy Court county to attend said 'court during its sittings as bailiff's of said Comtand any:constable so selected and required to attend said court shall for every neglect or refusal to attend the same and also for every neglect or "refusal to *obey the reasonable requirements of said court, unless excused by said court, forfeit and pay to the State a fine not exceeding ten dollars with costs of prosecution upon conviction on indictment in'the Court of General Quarter Sessions of the Peace and'Gool Delivery within'the county. Passed at Dover, February 4, 1 825. IlL 1756 AN ACT for the valuation of real and personal property Within this State. 98 Assessrn't . Section 1: 'All:real. and personal property in this State not be- (l01.103.104 longing to 'this State or to the 'United States or to any church, NIL 110.114) county, religious 'society or parish or to any college or to any county school or to any corporation for charitable uses shall be -valued agreeably to the directions of this Act and shall be char-geable according to' .suCh valuation with the public assessment : 99 property Provided always, That provisions necessary for the use and con-exempt sumption of the perSim, to' Whom the-same shall belong, and his , or her family for the"year .(not including live stock), plantation LEVY COURT. 387 utensils, the worldng tools-ormechanics or manufacturers antually and-constantly employed in their respective occupations, the im-plements of a person's trade or profession, stork on hand of .4 manufactureror tradesman. household furniture other than plate, grain and other produce of land, wearing apparel, ready money, bonds and other securities for money, goods. wares and merchan-dises imported, such carriages of pleasure ortrayel as are already taxed by law, shall be. and are hereby excepted from any, rate or sessment : .9nd provided always, That it shall and may be lawfill leo Stock of for the assessors Of the several hundreds respectively to estimate manufacturer or tradesman. and value the stock on band of a manufacturer or-tradesman,ac-cording to the real profits arising to the owner or possessor there-of, regarding the debts due from the person or persons respective-. ly, from the best information that he can obtain. Sect. 4. The assessors in the several hundreds in each county tot Assessors respectively shall take an accurate account of the land:in their re- return of r spective hundreds and .return the same in writing specifying iue of land therein the quantity of acres belonging to every person OP persons, what part thereof is improved and what part is unimproved, with the buildings and improvements thereon : And the said assessors shall estimate each tract or parcel of land at its actual worth in 102 how esti-ready money from the best information, they can °Main, regard-and lug all circumstances and advantages of the same from situation v.% Y or convenience to market ; and the said assessors are authorized and required to call upon the owner or owners of the land in the several hundreds respectively in the county, in which the land lies, to discover and ascertain. the quantity thereof, and also on the Re-corder of deeds and surveyor of their respective comities, who is hereby required to give any information to the said assessors or any of them, which his records may afford. Sect. 5. The said assessors shall ascertain and make a return les lots and of the lots and houses in the cities, boroughs, towns and villages houses in within their hundreds respectively and by whom held, possessed or towns claimed, and the value thereof in ready money, and the rents of such houses andlots, 'and by whom paid;.and they shall have pow-er to call on the owner- or possessor of such houses andiots; to as certain the quantity of land and the value thereof,and to discover what rent is paid for the same, and tiltall assess the value thereof, as is herein before directed, upon the hest information, they can get. and view of the premises, if necessary, and shall value the ground rent according to the rules herein after mentioned. Sect. 6. As a rule to ascertain the value of ground rent in the 10.1 ground said cities, boroughs, towns and villages, the person or persons rents entitled to ground rent to the amount of eight pounds, shall be as-sessed as for one hundred pounds capital, and in the same propor-tion for any greater or less sum of ground. rent: AO the lessees :or 105 tenemens persons holding the ground shall be assessed on the, actual worth of the improvements made since the lease or conveyance and time pre- rent sent value of the land, after deducting therefrom the value thereof at the time of the lease or conveyance, which value shall be-estima-ted at one hundred pounds for every eight pounds of ground rent reserved, and so pro rata for every greater or less sum of ground106 lessees to pay tax of 1,4. rent ; and the lessees or persons holding the ground shall be charge- Stir oat of reitt 388 LEVY COURT. able and pay the sum rated to the lessors, and may dedtictithe some out of the rent, unless otherwise agreed between , the peAon /adding the groin-id-and the Person claiming-the rent ;.blit if the leS,, a-6f Or person lielditig the ground when the same was assessed; can-notbefound'ii soi that the sum rated te the person 'entitled: to the grottud renteannot be collected from the person holding. theground,/ MOW' the person'entitled to the rent shall be entitled :to' papthe aS=. 107 houses at sessinent on the Sante: And as'a rule to ascertain' the value'of hous-, '11 wyn'' &land lots'in- thesaitt cities,' boroughs, villages and towns;- yield- on rent ing.an, annual rent, the lessor or the person entitled to the'houke'or lot shall- be asSessed for 'every twelve pounds-of the rent reserved, as for one hundred pounds capital, and in 'the -same proportion for any 'greater or less sum reserved ;' and upon leases for above three years and where the value of the ground, house or houses andiim, 108 if at un: provements exceeds' the value of the Tent reserved, the lessees:or der tent, lea- persons, holding the ground, house or houses and improvements " "s"e°4 shall be assessed upon the sum, which 'the 'actual worth of the ground, house or houses and improvements in ready money exceeds the .value of the rent 'reserved, Calculating twelve pounds at one hundred Pounds capital as aforesaid ;. and the lessees or. persons fielding the 'ground, house or houses and imprOvements shall chargeable with and may pay the sums rated to their lessor and maY. deduct the same out of the rent, unless otherwise agreed' upon between lessor and lessee ; but if the lessee or person holding and polisesSing the ground, house or houses and improvements or their effects or estate cannot be found, so thatthe sum rated to-the less-or May be colleCted, then the lessor shalt be chargeable with the same. ,And houses, lots and parcels of land in the same places shall be valued. at their actual worth in ready money.; but where 109 When lands have been leased or taken on ground rent; and the lesse,e or grantee on grantee has deserted the ground and left it to the lessor or grantor, ground rent is and the lessor or grantor cannot obtain' the rent agreed in be paid, insolvent, tkc. in Such case the ground-shallbeistimated at its real Value and not upon wcaletilation from the rent reserved.., 110 valuation ,; Sect. 7. EVery.'assesser shall inforM himselfs by all lawful ot personal wayy s and means,of all !persnnal property in his hundred' (except property as be fore' excepted ) and shall immediately such information pro-ceed to value such property,agreeably to the-direetions Of this Act, ill statement and shall formn statement in writing of the particulars of all per. of mmicular° sonal property in his respective hundred and of ItisNaluatien there-of, in which shall be expresseil-the number of Slaves of each des, ' cription and the weight Of :plate and the value of each of the above* species of property and 'Al the other personal property - and the value' thereof; and the amount of the Whole personal property of every person within his hundred,' and the amount of the value of 112 return all personal' Property in the hundred, and -shall return with his statement an :alphabetical' list of the names of all persons, whose 113 Property property .-he shall value: and if any assessor cannot discover the owner uti owner orany.property; real or personal, in histiondredi he shall known value and mention the same in his return and note that the owner is unknown. '' Ill Slaves Sect. 8. The following species of personal pronrty shall be 017.118310 'valued as follow's, to wit : every male and female slave from eight LEVY COURT. 3S1.1 to fourteen years of 'age in any sum', over ten pounds aml not ex-ceeding forty pounds, and every male slave from fourteen to forty-five years of age -in' any -sum over twenty pounds and not exceed-ing seventy pounds,- arid every female slave over fourteen and not exceeding thirty-six years of age in any sum over fifteen pounds and:uot exceeding thirty-five pounds; male and female slaves under eight. years of age and male- slaves ; above, the agoof forty-five years and female slaves above; the age of thirty-six years to a true proportioned value to male and:female slaves above or finder those ages, who shall be particularly 'noted ; and if any slave should mot be perfect in his limbs or sight- or from the want of health or any visible infirmity shall be rendered incapable to perform his usual labour, the assessor shall make areasonable abatement for such cause and-shall note the same-in his return : And silver plate 115 Plate shall be valued at eight shillings and fourpence per ounce; and other articles- or personal property shall be left to time discretion iiti Other at-and judgment of the several ' assessors, who shall-estimate the tides same at its actual worth in ready money': Provided. That the said 117 slaves assessors shall he at liberty to estimate male slaves, who are trades. being trades-men, at such value as they may judge them to be worth, regarding men their respective trades and their proficiency therein. Sect. 9. Any person owning any slave or slaves or any person us Owners having the care and mamagementur such slave or slaves shall de= or plossessor3 liver to the assessor or the hundred,- in which he or she resides, 'd'evreas1°.,. when required by such assessor an account of all the slaves own- count of them 1s oil by him herr or under his or her care and .management with (120) r the name and age of each ; and such account shall be dated and signed by the person making the same; and the assessor shall 119 ts view and examine each slave and diligently enquire' into his age, to examine and return the account of the-owner-or owners or person having the care and management of such slaves with his determination or the age and value of such slave : and if any owner or any person 120 penalty having the management of any slave shall refuse or omit to give :wet min alv-in any slave to the assessor of the hundred, in which lie resides, an' or or wilfully lessen or increase his age, such owner or person having the management of such slave shall pay double the tax on the real value of such slave. Sect. 10. Every person; when required by the assessor of the 121 shtement hundred, in which his or her realand personal property or the duty of every real and person property under his or her care and management "at° give lies, shall give in to such assessor in writing dated and signed as aforesaid, if capable of writing, and if not,the same shall be shown to the assessor and by him inventoried, and the said inventory shall have the usual mark placed-at the foot of the same by such person or persons, a full and particular account of all other his or her real. and personal property in the same and of all real and personal Property in his or her possession ortmder his or her care and man-agement liable to assessment, and to whom the same belongs : and 122 if refusal if any person shall refuse or after ten days notice by the said as- or neglect iii writing shall neglectIto render such account or show-his property as aforesaid, he shall forfeit the sum of three pounds to be recovered by action of debt, one moiety to him who will sue for 'L'irn1:01'7,4!Ilti. the same, and the other moiety to and for the use of the State : And od 396 LEVY COURT. the assessor shall on his own knowledge :or the/bestinfiymation he can obtain, value the real, and ,personal, property of such person to the utmost-sum, he believesin his,consciencethe same, May be worth in=ready money:and shall certify,,the.,suor So, value.0,, and- also, the refusal or-neglect.; and shall double, the assessment, of suth:per, son p.andthe, same shall :be..collected as. the public assessment,: 123 penalty And Many person shall givein a partial' account.of-his or her real for giving a and personal property, under his orher caee,and management, or partial aee't of' the property fit-his or herpossessien,,, with intent .that the pay+ 'flout of the assessment or . rate- onany property, omitted may be avoided,: such person shall, forfeit, the ,value,of the property :,so , omitted,- if personal,. and &real, -forty - - , Sect.- 13. If any person; who , ,ought to be essessed-by,:virtue of 12,I Persons removing pro- this Act for any personal .property, shall by removing his, or her perty to effects from the county,..where they-ought to have been,:valued, or iisocznora; byany other fraud or device escape and not he taxed,,and the same ceeded a AI t be:provedbefore Any Justice of the Peace of the County,-where 'the person:resides, at any time within one-year next after:his.property ought to have , been valued; every such personshaW be ,charged in the county, where he or, she is found; Upon proof thereof, double the value of the sum he or,she,ought to.havebeen rated at by this Act.; 'and .the same shall be collected-from such, person, as in other eases, in the county, where-he or, she shallhe foetid ; and if any person shall remove his or. her property..for,the purpose, aforesaid, and the same shall thereby or by any other fraud or device escape being assessed, such person shall forfeit,thirty, dollars. 123 Power to Sect.: Q. The said commissioners, of the Levy Court and Court summon wit- of Appeal shall have full power and authority to summon and cora-nesses pel.the attendance, of witnesses, who may by them or either of then] be thought' necessary give information :relative to their du-ty, respectively. . 1 Limitarn ,, Sect.. 50. If any suit shall he brought against any person or. per- 26 ofactionev- sons for any thing done in 'pursuance of this Act, the suit shall be itlence on ge- commenced within six months after the fact committed; and the end issue, defendant or defendants in any suit may plead the general issue, and plaintiff fai-lingtreble give. this Act and the special, matter in evidence, and that the same vpsts to dePt. was done in pursuance and by the authority of this Act.; and if it shall appear so to be done or if any suit shall be brought after-the time limited, then the jury shall find for the defendant or.defeh-dents ; amid if the plaintiff shall become non suited or suffer a ,dis-continuance, or if a verdict shall pass, or upon demurrer judgment shall ,be-given, against him, the defendant ordefendants shall-reco-ver treble costs and have a judgment and execution for the same.- - Passed, February 9, 1796. , ; 1797 AN ADDITIONAL SUPPLEMENT. to the Jet, entilled,l, din .det for the valuation of real and personal property ,within; this State. . . 127 On per- Sect. 8. Every freeman above the age of twenty-one-years shall salmi tax be rated, in addition to his assessment, a persohal tax for a capital not exceeding one thousand pounds nor less than fifty pounds, -tti the discretion of the assessors. Passed, January 19, 1797: ; , g LEVY COURT. 591 AN ADDITIONAL SUPPLEMENT to an Jet, entitled "zt Jet for the valuation of real and personal property within this State." Section 1. As often as any oWner or possessor of any real pro- 128 Property perty or landed estate shall Make it satisfactorily appear to the reduced in ye- Levy Court and Court of Appeal of any county of this State, hie, without wherein such real property or landed estate may lie, that such real faualststessment property or landed estate, for which such person is assessed, hath reduced, or becomeless productive hr profitable, than it was at the time of its stricken oir assessment, from any accident or accidents, that have occurred since such assessment by means of any cause not in the power, dil-igence or foresight of such owner or possessor to have prevented or averted, the said Levy Court and Court of Appeal is hereby authorized, empowered and required to lower the rate of assess-ment of such real property or landed estate in proportion, as its value.may from any of the causes aforesaid have diminished, since the same was assessed ; or in case the said real estate shall by the causes aforesaid have become wholly unproductive, the said court is hereby empowered and required to take off from the assessment list any such rate or assessment of real property so made as afore-said ; any law, custom or usage of this State to the contrary in any wise notwithstanding. Passed at Dover, January 25, 1805, AN ACT to authorize the Levy Court of Kent county to remove the poor house. 18It lunatic and insane persons from the public gaol of Kent county to Whereas it bath been represented to this General Assembly that there are a number of lunatic and insane persons now confined in the public gaol of Kent county, some of whom have been confined for a number of years, and maintained by said county at a great expense ; that a large and commodious house has lately been erect-ed for the accommodation of the poor of said county, with suffi-dent apartments therein to accommodate persons of that descrip-tion, where they can be maintained at a much less expense to the county. Sect. 1. It shall and may be lawful for the commissioners of the 129Remotring Levy Court and Court of Appeal to issue their order or orders insane per-to any constable of said county of Kent, therein authorizing and ranotl forompoor commanding him to demand and receive from the sheriff of said flow° county all such lunatics and insane persons, as are now confined (13n or hereafter shall be confined in said gaol, who shall forthwith take such person or persons into his custody and immediately con-vey him, her or them to the poor house of said county and deliver him, her or them to the overseer or keeper of said house who is hereby authorized and required to receive and take every such person or persons under his care into said house for see ' LIEN OF JUDGMENTS 8r, .EXECUTIONS. 1829 ' AN ACT 'concerning The lien y judgments' and eXecutions.: 1 Lien of Section 1: Be it declared and enacted by 'the-Senate and use judgments & .otRepresentatives the State of Delaware in Genernl'Assembly meti (Executors 14nm. 'hat a judgment does not bind lands,: tenements Or itereditamentii lull 69) from the'first day of the term, in or 'of which it is entered, by rela-tion. thereto, but 'only. from the time of actually entering. or 'sign-. ins it. 2 on a verdict ...Sect. 2. Provided, and be it enacted, That a judgment upon's; verdict, if entered before the end of the term next after that hi Which .the verdict is given, slut!! be deemed to be 'entered at the- 309, LEVY- COURT?. keeping; and they shall from thenceforth be maintained and sup. ported in the same manner as the other poor of said county are supportettand,maintain,ed: . I. V "r, 13e confine- Sect.. It,sh all, andmay.hnlawfttl for:the said. overseer or keep-rnciit er of said poor house under -the direction of the Trustees of. the Poor of said county to keep any such person or persons that may be .cotnniitted,ts, h is. chargens Aforesaid in- olose con finem.ent,,- if !it be unsafefor hint, her; or theni to have their, liberty-. , ., -r; Passettnt Dover, February:11, !; , ; 18I5 , A; 'SITP,PLEMNT to an Act, 'entitled. 4f,* An' Act to authorize the !-' Levy,Court 4'114W:county to remove lunatic- and ,insanepersons from.* public gaol of -Kent county to,the Poor. Houle.',' 131 extended , Sect. !That:the Act to which,this, is; a supplement, be and the o N. Castle same is liereby,extended.to, and declared to be in full force and oper, & Sussex ration, ,inithe counties of New-Castle and Sussex respectively; and the ;commissioners of the. Levy Court, and Court ; of Appeals, the constables, ;Trustees and overseers or. keepers of -the poor. in the:said ,counties :respectively; are; hereby invested with, the same powers and :authorities, and are required: and directed-to execute thasame in relation to all such lunatic and-insane, persons as now are or hereafter shall be confined in the, gaols of the said counties of New-Castle and Sussex respectively, that are givenhy, the said Act, to which this is a: supplement, to the Same officers in the county of Kent in relation to lunatic and insane persons confined in the gaol of the said county. 131 Duty of Sect. 2. When it shall appear to the Trustees of thePoor in the Trustees of counties of New-Castle, Kent or Sussex; that anplunatic 'or insane Poor persons maintained and supported agreeably to this Act, or the Act to which this is a supplement, have or possess any real or personal estate, it shall be lawful for Ahem, and they are hereby authorized and required to take all lawful ways' and means to recover a rea-sonable Compensation for the support and maintenance 'of such lu-natic and,insane person.' . _Passed at Dover, January_ 17,1815. I 4 MI same time as the verdict and shall bind accordingly ; and that a judgment given, amount to be ascertained by clerk or other person, 3 amount to shall bind from the time of entering it, if the amount be ascertain- be ascertain 'd ed and entered upon the (locket before the first (lay of the-term next after that in which the judgment is given, but otherwise only from the time. of entering upon the docket the ascertained amount. If several judgments be entered against the same person on the 4 several en, same day, the first entered shall have priority ; but if it does not tered on same appear by the entries in case of several judgments against the same day person, which were first entered, they shall when given in suits previously commenced have priority according to the priority of the dates of the suits, in which they are respectively given. A judg-ment entered during a term, if-the day of entering it does not appear 6 day not al). by the docket, shall be postponed to a judgment entered during the peering period of the same term, the day of entering which does appear by the docket ; but these regulations shall not contravene the preceding provision respecting a judgment on a verdict. Sect. 3. A final judgment of the High Court of Errors and Ap- 6 of High cr. peals given upon the reversal of a judgment of the Supreme Court of Err 8" AP. Or of the Court of Common Pleas shall bind lands, tenements and (constitution 87) hereditaments in the county wherein were the proceedings in the court below, frotn the date of entering it in the High Court of Er-rors and Appeals ; provided that, the record being remanded, the said judgment be entered upon the docket of the court below with-in twenty days after said date, but otherwise only from the time of entering it upon the docket of the court below ; and the clerk or prothonotary of the court below, to whom a record remanded with a duly certified copy of the proceedings and judgment of the High Court of Errors and Appeals is delivered, shall without delay file it and enter upon the docket of the court below, in connexion with the entries of the proceedings in the cause in the said court, the said proceedings and judgment of the High Court of Errors amid Appeals with the date of making such entry ; and the said entry shall be a record and the said judgment so entered shall'have the same force and efrect, as a judgment of said court below and shall be executed by the process of -the said court in like manner, as judgments of said court; and the lien thereof may be extended to (Constitution lands and tenements in another county by means of a testatum fie- 83) ri facias entered of record in the office of the prothonotary of such county. Upon affirmance of a judgment in the High Court of Er- 7c CcveitgEirri ron and Appeals the costs of the defendant in error shall be added kpop. allir by way of increase to his costs in the first judgment and be a part mance of said judgment; and the amount may be stated accordingly in process and pleadings. The lien of a judgment shall not be extend-ed by affirmance to lands, tenements or hereditaments not bound by the original judgment and a judgment of the High Court of Errors and Appeals shall not bind lands, tenements or beredita-ments otherwise, than as prescribed by this section. Sect. 4. The clerk of the High Court of Errors and Appeals, 8 Dates ot each clerk of the Supremo Court and each prothonotary of the Judgments Court of Common Pleas, whenever a judgment is entered or sign-ed in the court of which he is the ollicer, (except a judgment upon a verdict when entered before the end of tho term next after that, 3 )1 LIEN OF JUDGMENTS AND EXECUTIONS. 3-93 894 LIEN OF JUDGMENTS AND EXECUTIONS. in which the verdict is given,) shall set down upon the docket there- -of the true date (viz: the day, month and year) of actually entering or signing it ; it shall be sufficient, when such date is contained in the entry. Each clerk of the Supreme Court and prothonotary of the Court of Common Pleas, when entering upon the (locket the ascertained amount of a judgment given, amount to be ascertained by the clerk or other person, shall set down upon the docket the true (late (viz : day, month and year) of the entry. Each clerk of the Supreme Court and prothonotary of. the Court of Common Pleas shall keep to every docket belonging to his office, in which judg-ments are entered or signed except the appearance (locket, two in- 9 Indexes (loxes of such judgments, the one of the names of the plaintiffs in a/- phabetical order according to the first letter of the surnames in con-nexion with the names of their defendants, and the other of the names of the defendants in like alphabetical order in connexion with the names enteed names of their plaintiff's,, and shall enter in said indexes the names within 21 of the parties to every judgment withimi. twenty-four hours after it hoots IS entered or' signed, except judgments entered in the appearance docket which judgments shall within, two weeks after the entry thereof be transferred to the continuance (locket and immediately Testa II. fa. carried into the indexes. A testatmn fieri facias and a judgment &c. of a Justice of the Peace entered of record in the prothonotary's office for the purpose of binding lands and tenements shall be car-to ho carried vied into the indexes in like manner, as judgments. Also when a into indexes case is continued after verdict for the plaintiff without judgment, it shall be carried into the indexes in the same manner, as if judg-ment was given ; and a judgment of' the High Court of Errors and Appeals entered in the court below shall be carried into the indexes in.the same manlier, as a judgment of the court below. It) Penalty on If any clerk or prothonotary shall refuse or neglect to perform cl'k or protley any duty by this Act enjoined upon him or shall not perform the for neglect same .truly and faithfully, he shall be deemed guilty of a misde-meanor in office; and further he shall be answerable in an action of trespass on the case to any person or persons or corporation in-jured by his default in the premises foe all damages sustained threugh such. default; and furthermore every such default shall be a breach of the condition o; his official obligation. But the duties enjoined by this Act upon the clerks .and peothonotaries shall not commence until the first day,of August in the year.of our Lord, one thousand eight hundred and twenty-nine,, and shall not 'extend to anyjudgment or matter entered before that (lay. 11 Lieu of Sect. 5. No writ of execution shall bind :goods and chattels, executions until it is delivered to the sheriff or. other proper officer to boexe-cuted. If several executions against the same defendant be So de-livered on the same day, the first delivered shall have priority. Sheriff to unto The sheriff or other officer receiving an execution shall in a (locket. the time of set down the date of receiving it; and when several executions are lecoiving ex-ecutions delivered on the same day, this docket shall show the order in will& they are received ; and_the clerk or prothonotary sissuing an execution shall indorse thereon the date of the issue. 12 Just.Peaco This Section and the first and second sections of thiS Act do not jHuotlti pwni'ittsh, in& c. concern judgments or executions before Justices of the Peace,: . this Act Sect. 6. Whenever judgment is confessed by virtue of a war-. - LIEN OF' JUDGMENTS AND EXECUTIONS. $95 rant of attorney for a penalty, the real debt and the time from ta Real Debt which interest is to be calculated shall be entered upon the (locket indterest eu-thereof ; and whenever an execution is issued upon any judgment teirdeorsed on for a penalty. the real debt and the time from which interest is to execution be calculated shall be indorsed upon the execution : To this end duty of Atter-the attorney confessing the judgment or ordering the execution or fey entering the plaintiff shall in a written direction to the officer entering the judgment judgment or issuing the execution set down in words and figures such real debt and time from which interest is to be calculated ; and the said officer shall enter or indorse the same, as herein re- & of clerk, Sze quired: such real debt and time from which interest is to be calcu-lated need not be set down in a direction with respect to an execu-tion when the same have been previously entered upon the docket. Passed at Dover, January 29, 1829. LIMITATION OF APPEALS. AN ACT of limitation of appeals in causes inequity. 1829 Section L No appeal from an interlocutory decree or order of the I Limitation Chancellor shall be received in the High Court of Errors and A ppeals of APPet unless the petition or assignment of causes of' appeal with a certified eft:Lyn:lei COPY ooff' the record and papers of the case be filed in the said court creei or in the office of the clerk thereof on or before the first day of the term of said court next after the entering of the said decree or order ; but the said court shall have power to extend said time to a further day, if this limitation shall not in any case allow suffi-cient time for copying the record and pap's; and an omission or failure to claim or prosecute an appeal from an interlocutory decree or order shall not debar a party front making any objection to such decree or order upon 'appeal from the final decree. No appeal, from a final decree of the Chancellor shall be receiv- 2 of Appeals cd in the High Court of Errors and Appeals. unless the petition or fdrewcnre es assignment of causes of appeal with a certified copy of the record and papers of the case shall be filed in the said court or in the office of the clerk thereof within two years after the signing of sa
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|LAWS OF TUE STATE OF DELAWARE, ' TI) 1ii. E it/ 0i Oi Oun LORO, ONF TitiousAtui rIGUT iLUNmU D AND TWENTY NINE INCLUSIVE: TDIVIIICII ARE PREFIXED ; EDE DECLARA. ION OF INDEPENDENCE AND CONSTITUTION OF THE UNITED STATES. REVISED EDITION, 1829. ARRANGED AND PUBLISHED UNDER THE AUTHORITY or TILE GENERAL ASSEMBLY. Wilmington, OcT. PRINTED BY R. PORTER AND SON, NIA. RKET- STREYT.
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