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CH A P.
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 For the expenmembers of the General Assembly, their clerks, and ces of the Geneother expences, and for printing the laws passed &c. at this session of the General Assembly, and the votes and proceedings of the two branches thereof; For payment of and the residue, if any there be, shall be applied to debts to citithe 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.
C H A P. XI.
An ACT authorising the appointment of an additional number of Justices of the Peace for the county of
sentatives 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 Justices to be number of Justices of the Peace for the county of not to exceed Sussex may at any time hereafter be enlarged, provi- sisteen. ded that there be not more than sixteen persons in
c H A P.
the commission of justices of the peace in the said county, at the same time.
CHA P. XII.
An ACT to prevent swine running at large in the vil
lage of Milford.
E it enacted by the Senate and House
of Representatives of the State 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, This Section
shall suffer or permit any of their hogs to run at repealed in 3d large within the following bounds or limits : Beginvol. 349.'
ning at a corner of Joseph Oliver and Peter Caverly's land, on Mispillion-creek, and thence extend. ing, 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
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 ed.
hog or hogs permitted or suffered to run at large as This Section aforesaid, within the bounds or limits aforesaid; and repealed in 3d vol. 349.
the person or persons killing such hog or hogs, shal
within two hours thereafter, give notice thereof to the Notice thereof to be given to
owner or owners, or leave notice at his or her dwellthe owners. ing, 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 own
er or owners of such hog or hogs, to and for the use Penalty for ne
of such owner or owners, before any Justice of the glect. peace of the county of Kent.
Sect. 3. And be it enacted, That if any suit or action shall be commenced, brought, or prosecuted
against any person or persons whatsoever, for any СНАР. : 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:
Secr. 4. And be it further enacted, That the act, Repeal of entitled, Anact to prevent swine running at large in the Cháp, 209.5. 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.
AN ACT for the relief of William Prentiss, an insola vent debtor confined in the public jail at George Town in the county of Sussex, but who is not an inhabitant of this State.
A Supplement to the act, entitled, An act for taking Chap. 46. a.
lands in execution for payment of debts. Vi
CE A P.
in the several counties of this State, to complete the XIV.
sale and conveyance of lands taken in execution for 1798
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 Dela. Purchaser of ware in General Assembly met, That, from and after real estate, soldh or delivered by Me
the passing of this act, in all cases where lands, teneSheriff, dying,' ments, or hereditaments within this State, have been be completed,
le 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 the heir, &c.
be lawful for any person or persons interested in such may apply to sale or delivery as heir, devisee, or otherwise, under the court of
the person or persons to whom such sale or delivery Common pleas.
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 there. of are dead, and no lawful deed executed for con
veying the same, it shall and may be lawful for the Court shall
Justices of the said court, and they are hereby re. for executing a quired in such cases, to cause an order of Court to Deed, &c.
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
the purchaser himself, in case he had not died; and CHAP
XIV. such sale and conveyance so made by virtue of any such order of Court, shall be available in law; and 1798 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.
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
persons Dot bav. 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, &c. 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.
An ACT to enlarge the time for making the valuation
HEREAS the valuation of real and per. Preamble.