OF CIVIL ACTIONS IN GENERAL. CHAPTER 184. Vol. 12, MECHANICS' LIEN. 181. AN ACT to amend an act entitled "An Act securing to Mechanics and others, payment for labor and materials in erecting or repairing any building or structure within the State of Delaware.* Vol. 14, 104. Vol. 14, 106. Section 1 of the act stricken out Mechanics ulars, and affidavit. Within what time. What set forth. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That, Section of the act securing to Mechanics and others payments for labour and materials in erecting or repairing any and supplied. Building or structure within the state of Delaware be and the same is hereby stricken out and the following inserted in lieu thereof Any Mechanics Builder Artisan Labourer, or other persons having performed or furnished work and labour or mabill of partic- terials or both to the amount exceeding twenty five Dollars in or for the erection alteration or repair of any house: Building or structure in pursuance of any contract express or implied with the owner or agent of such house Building or structure, land or appertenance of any Building on such Land lot or lots at any time within six months from the completion of said work and labour or the furnishing of such materials to file in the office of the prothonotary of the superior court in and for the county wherein such Building or structure is situated a bill of particulars of his claim accompanied with an affidavit setting forth that the defendant is justly indebted to the plaintiff in a sum exceeding twenty five Dollars and has refused or neglected to pay or secure to be paid to said plaintiff the amount due on his claim. Said affidavit shall contain a description of the property upon or for which the work and Labour or materials were furnished sufficiently accurate to identify the property, with the names of the party claimant and owner or reported owner of the House structure and Lands and any Judgment obtained thereon, as hereinafter provided Judgment to be lien upon shall become a lein upon said Building or structure and the building, real estate, &c. real estate attached thereto upon which the same is situated erected or constructed and shall relate back to the day upon which said work and Labour was begun or the furnishing of said materials was commenced and shall take priority accordingly When there are several contractors employed by the owner or agent of any buildings, land lot or lots in or for the erection alteration or repairs of any house building or contractors. structure in pursuance of any contract: For the labor performed NOTE.-This act is published exactly as written and punctuated in the enrolled bill. The same obscurities exist in the original bill on file in the House of Representatives. What affi davit shall contain. To wha time shall relate back. Several OF CIVIL ACTIONS IN GENERAL. When. suits not to or furnished, and materials furnished for the same building or buildings erection or construction, the said several, any person or persons who may obtain a lien under this act shall have no priority of lien for such labor or materials furnished: The No priority. Mechanics labor and material men shall be paid pro-ra-ta Pro rata each any person or persons who, may obtain a lien under payment. this act, stating the amount or sum claimed to be due the nature and kind of work and labor done or a bill of particulars of the kind and amount of materials furnished the time when the said work and labor or the furnishing of said materials was commenced and furnished; Provided, That no suits insti- Proviso. tuted and now pending under the act to which this is an Pending amendment, shall abate by reason of this act, but the said abate. act of which this is amendatory shall be and the same is hereby maintained and continued in force so far as may be necessary to preserve and maintain the said suits and to complete and carry into effect and proceeding's commenced thereunder as fully and complete as though this amendment had not passed: And provided; also that this amendment shall be treated and Further considered as applying to and embracing all contracts heretofore made for work and labor performed, or materials furnished in and about the erection, alteration or repair of any building house or structure where suits are not pending prior to the passage of this amendment: Passed at Dover, March 26, 1875. proviso. CHAPTER 185. OF EXECUTION. AN ACT to exempt wages from execution attachment process. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, Wages exempt from That on and after the passage of this act, the amount of the execution wages for labor or service of any person residing within New attachment process. Not to apply to debts contracted prior to passage of this act. Inconsistent laws repealed. OF CIVIL ACTIONS IN GENERAL. Castle county, shall be exempt from execution attachment SECTION 2. And be it further enacted, That the exemption Passed at Dover, February 2, 1875. CHAPTER 186. . Duty of sheriffs and constables respecting application of proceeds of sale of goods of deceased OF EXECUTION. AN ACT providing for the payment of funeral expenses, medical, nursing, SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That whenever any sheriff or constable, by virtue of any execution process, shall supersede an executor or administrator, and sell the goods and chattels of any deceased person, on whose estate there have been letters testamentary or of administration granted, shall out of the proceeds of said sale, under execu and before applying any part thereof towards satisfying any tion process execution, pay, Ist, funeral expenses of said deceased: 2nd, the reasonable bills for medicine and medical attendance during last sickness of the deceased, and for nursing and necessaries for the last sickness of the deceased. persons, ministration granted. SECTION 2. And be it further enacted as aforesaid, That in When no ad- case there has been no administration or letters testamentary &c., has been granted on the estate of the deceased, any sheriff or constable selling said deceased person's goods by virtue of any execution process, shall, before applying any proceeds of the sale towards satisfying any execution, pay in the order in which they stand, the said bills mentioned in section I of this bill. Passed at Dover, March 2, 1875. * So enrolled. TITLE SEVENTEENTH Of Proceedings in Special Cases. CHAPTER 187. OF INSOLVENCY. AN ACT to require trustees in voluntary assignment for the benefit of creditors, to give bond with security for the faithful execution of the trust, and for other purposes. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, Duties of under volun SECTION 1. That in every case in which any person shall make a voluntary assignment of his or her estate, real or per- assignees sonal, or of any part thereof to any other person or persons in tary assign trust for his creditors or some of them, it shall be the duty of ments. the assignee or assignees, within thirty days after the execution thereof, to file in the office of register in chancery of the county in which the real and personal estate of the assignor is situate, an inventory or schedule of the estate or effect [s] SO Inventory assigned, accompanied with an affidavit by such assignees, and affidar that the same is a full and complete inventory of all such es- When. tate and effects, so far as the same has come to their knowledge. Where. praisers to be by the Chan Oath. SECTION 2. The Chancellor shall appoint two disinterested Two ap and competent persons to appraise the estate so assigned, who appointed shall, after being duly sworn or affirmed by some person hav-cellur. ing authority to administer oaths, to perform their duties with fidelity, forthwith proceed to make an appraisement of the Their duties. estates and effects assigned, according to the best of their judgment, and having completed the same, shall return the inventory and appraisement to the office of register in chancery of the county in which the inventory of the assignee and the affidavit accompanying the same were filed. The appraisers shall receive the same compensation as is now allowed by Compensa law to appraisers of the estate of a decedent. Return. tion. SECTION 3. The assignee or assignees aforesaid, shall, as Bond of assoon as such inventory and appraisement shall have been filed, signees Foros. OF PROCEEDINGS IN SPECIAL CASES. give a bond or bonds with at least two sufficient sureties, to be approved by the chancellor, in double the amount of the appraised value of the estate so assigned. The bond so to be given, shall be taken in the name of the State of Delaware, and the condition thereof shall be as follows, to wit: The condition of this obligation is such, that if the above bounden assignees of shall in all things comply with the provisions of this act, and shall faithfully execute the trust confided to them, then the above obligation to be void, otherwise to remain in full force and virtue. To the said Warrant of bond there shall be subjoined a warrant of attorney to confess judgment thereon, and the said bond and warrant shall be joint and several, and such bond shall be filed in the office of the register in chancery of the county in which the inventory and appraisement aforesaid were filed, and shall inure to the use of all persons interested in the property assigned. attorney. Filed, where. Proceedings on bond. when. Assignees to render an chancery. In case of failure, citation issued by SECTION 4. Upon the application of any person interested, the chancellor may, at chambers, and as well in vacation as in term, direct said bond to be proceeded on if he deems it necessary and proper for the protection of such interested party or parties. SECTION 5. The assignee or assignees shall render an nual account account of his or their trusteeship, every year from the date to register in of his or their bond, required to be given as aforesaid, before the register in chancery of the proper county, until the trusteeship be closed and a final account rendered and approved. If he or they fail to perform this duty, the register in chancery may issue a citation to such assignee, requiring him to appear and exhibit under oath or affirmation, the accounts of the trusts, within a certain time to be named in such citation. Any person interested, may file exceptions to said accounts When filed. Within one year from the date of the same, in the office of When heard. register in chancery in and for the proper county, to be heard, determined, and adjusted before the chancellor, either in term time, or vacation, as he may order or direct. register. Exceptions to account. Removal of assignees. Duties of assignees under as. signments before SECTION 6. The chancellor, upon cause being shown, may remove such assignee or trustee, and compel an assignment of the trust estate to others appointed in their stead. Any order by the chancellor in the premises, may be enforced by attachment and imprisonment. SECTION 7. That in voluntary assignment heretofore made, the assignee or trustee shall render accounts of his trusteepassage of ship, according to the provisions of this act, and shall be subject to removal by the chancellor upon cause being shown. this act. Subject to removal. Passed at Dover, March 18, 1875. |