CHAP. X. 1798 the treasury of this State (except such monies as may be received from the land or loan offices of this State, or from marriage or tavern licences not appropriated to the payment of the salaries of the Chan- For the payment cellor and Judges,) shall be appropriated and applied of salaries; to and in the following manner, that is to say, So much thereof as may be necessary, shall be applied to the payment of the salaries due, and to become due, to the Governor, Chancellor, Judges of the Supreme court and court of Common pleas, Secretary, and Auditor of accounts, and Attorney General, up to the first of January, which will be in the year of our Lord, one thousand seven hundred and ninety-nine; and so much thereof as may be necessary shall be applied to the payment of the daily allowance to the members of the General Assembly, their clerks, and other expences, and for printing the laws passed at this session of the General Assembly, and the votes and proceedings of the two branches thereof; and the residue, if any there be, shall be applied to the payment of any sums of money due to the citizens of this State, for which provision shall hereafter be made by law. Passed January 24, 1798. For the expences of the Gene ral Assembly, &c. For payment of debts to citi zens. CHA P. XI. An ACT authorising the appointment of an additional number of Justices of the Peace for the county of BE Sussex. 1798. Justices to be E it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, two thirds of the members of each Number of the house consenting to and approving thereof, That the number of Justices of the Peace for the county of not to exceed enlarged, but Sussex may at any time hereafter be enlarged, provided that there be not more than sixteen persons in sixteen. CHAP. XI. 1798. the commission of justices of the peace in the said county, at the same time. 1798. Limits within which hogs This Section vol. 349. CHAP. XII. An ACT to prevent swine running at large in the vil lage of Milford. SECTION 1. B Representatives of the State of Eit enacted by the Senate and House of Delaware in General Assembly met, That, from and shall not run at after the first day of May next, no inhabitant of the large. said village, or any person or persons whatsoever, shall suffer or permit any of their hogs to run at repealed in 3d large within the following bounds or limits: Beginning at a corner of Joseph Oliver and Peter Caverly's land, on Mispillion-creek, and thence extending, with the line of the aforesaid lands, until it intersects the line of William Bradley and Joseph Oliver, and thence till it intersects the line of John Draper, and thence extending therewith to Mispillioncreek, and then up the said creek to the place of beginning. If suffered so to ed. This Section repealed in 3d vol. 349. Notice thereof to be given to the owners. SECT. 2. And be it enacted, That it shall and may do, may be kill- be lawful for any person or persons to kill every such hog or hogs permitted or suffered to run at large as aforesaid, within the bounds or limits aforesaid; and. the person or persons killing such hog or hogs, shall, within two hours thereafter, give notice thereof to the owner or owners, or leave notice at his or her dwelling, provided the owner or owners be known and reside within the said village, or within two miles thereof, under the penalty of four dollars for every such neglect or refusal, to be sued for by the owner or owners of such hog or hogs, to and for the use of such owner or owners, before any Justice of the peace of the county of Kent. Penalty for neglect. SECT. 3. And be it enacted, That if any suit or action shall be commenced, brought, or prosecuted CHAP. XII. 1798 against any person or persons whatsoever, for any act or thing by him, her, or them done, in pursuance of this act, it shall and may be lawful to and for the defendant or defendants in such suit or action to Persons sued plead the general issue, and on trial thereof to give may plead the the present act in evidence, whereof all justices of general issue, the several Courts of Law are hereby strictly required and enjoined to take notice, and govern themselves accordingly. SECT. 4. And be it further enacted, That the act, entitled, An act to prevent swine running at large in the town of Milford, and within the limits therein prescribed, passed at Dover, January the twenty-eighth, in the year one thousand seven hundred and ninety, be, and it is hereby declared to be repealed, made null and void; any thing in the said act to the contrary in any wise notwithstanding. Passed January 24, 1798. Repeal of Chap. 209. 5. 2d vol. 970. CHA P. XIII. An ACT for the relief of William Prentiss, an insolvent debtor confined in the public jail at George Town in the county of Sussex, but who is not an inhabitant of this State. Passed January 24, 1798.-Private act. 1798. A Supplement to the act, entitled, An act for taking Chap. 46. a. lands in execution for payment of debts. W THEREAS it is necessary that some provision should be made by law to enable Sheriffs, Preamble. CHAP. 1798 Purchaser of or delivered by Sheriff, dying before the title be completed, the heir, &c. may apply to the court of Common pleas. Court shall make an order for executing a Deed, &c. in the several counties of this State, to complete the sale and conveyance of lands taken in execution for the payment of debts, in case of the death of the purchaser thereof before a deed or deeds be executed for perfecting and completing a title to the same. SECTION 1. BE it therefore enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That, from and after the passing of this act, in all cases where lands, tenements, or hereditaments within this State, have been heretofore, or shall hereafter be, sold or delivered by virtue of any writs of execution, Venditioni Exponas or Liberari Facias, to any person or persons who have heretofore, or shall hereafter die, before a deed or deeds be executed by the proper officer for completing a title, under such sale or delivery, to the said lands, tenements, or hereditaments, it shall and may be lawful for any person or persons interested in such sale or delivery as heir, devisee, or otherwise, under the person or persons to whom such sale or delivery were or shall hereafter be made, to represent the truth of the case, by petition, to the Justices of the court of Common pleas to be held for the county in which the lands lie; and if thereupon it shall appear to the said court, by the records thereof, that the said lands, tenements, or hereditaments, have been taken and sold or delivered in manner directed by the laws of this State, and that the purchaser or purchasers thereof are dead, and no lawful deed executed for conveying the same, it shall and may be lawful for the Justices of the said court, and they are hereby required in such cases, to cause an order of Court to be made, thereby authorising and commanding the Sheriff or Coroner for the time being, as the case may. require, upon payment of the consideration money for which such lands, tenements, or hereditaments were sold or delivered, to execute such lawful deed or deeds, and to do such other lawful acts, for the conveying or delivering over the said lands and tenements to the person or persons who shall be entitled thereto, as heirs, devisees, or otherwise, under the purchaser thereof, as might or ought to be done to СНАР. XIV. 1798 the purchaser himself, in case he had not died; and such sale and conveyance so made by virtue of any such order of Court, shall be available in law; and the respective grantees therein, their heirs, and assigns, shall hold and enjoy the same as completely, available in law. and in the same manner, as in cases of other conveyances by Sheriffs or Coroners under the laws of this State. Deeds declared persons not hav &c. SECT. 2. Provided nevertheless, and be it enacted, That if it should afterwards appear before the court Such deeds, of Chancery, or before any court of Common law, being made to or before the high court of Errors and Appeals, ing title, shall upon the trial of any action, real, personal, or mixed, be in trust for the proper heir, of or concerning or touching any such land or lands, that the person or persons to whom such deed is made, is or are not the heir or heirs, devisee or devisees, of such purchaser or purchasers, or otherwise has not or have not title in such lands, derived from such purchaser or purchasers, or if any greater estate shall be conveyed by such deed to the person or persons to whom such deed shall be made, than such person or persons has or have derived from such purchaser or purchasers; that then, and in every such case, such deed shall be and remain in trust to and for the use and uses of the proper heir or heirs, devisee or devisees, or other person or persons, according to the estate, right, title, and interest of him, her, or them, or any of them, derived from the purchaser or purchasers, of, in, or to any such land. Passed January 26, 1798. CHA P. XV. An ACT to enlarge the time for making the valuation of real and personal property, and for other purposes. 1798. W HEREAS the valuation of real and per- Preamble. |