TITLE SIXTEENTH. Of Civil Actions in General. Colts liable for service of sire. Proviso. and pedigree CHAPTER 259. OF ACTIONS. AN ACT for the Protection of the Owners of Stallions. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION I. That from and after the passage of this act each and every colt in this State shall be liable for the service of the stallion, its sire. Provided, however, that in any and all cases where the pedigree or qualities of the stallion is misrepresented by its owner or agent, then the foal shall not be liable for the service as aforesaid. Description SECTION 2. And in order for the owner or owners of any of stallion to Stallion or stallions to avail themselves of the benefits of this be posted. act, it shall be necessary for such owner or owners to have When ac printed and posted, at ten of the most public places in the county in which the said stallion or stallions are to stand or travel, a full description and pedigree of his or their stallion or stallions, and to exhibit a copy to the owner of any mare or mares about to be served by such stallion or stallions. After sixty days from the day the foal was dropped, and a refusal to pay by the then owner of the mare and colt, it shall be the duty of the owner of the stallion, the sire of such colt, to bring his action for the service of the stallion, as per agreement. And if the justice of the peace shall be satisfied the Peace of the correctness of the claim and give judgment in favor of such owner, he may at once take out execution on such tion can be brought. Duty of Justice of OF CIVIL ACTIONS IN GENERAL. judgment, and when so executed the lien shall revert back Lien. to the day of the foaling of such colt, and shall be a paramount and prior lien on such colt to any other execution or mortgage. Passed at Dover, May 11, 1891. CHAPTER 260. OF WITNESSES AND EVIDENCE. AN ACT to amend Chapter 550, Vol. 14, Laws of Delaware, entitled "An act for the Protection of Women." Be it enacted by the Senate and House of Representatives of [the State of] Delaware in General Assembly met: Volume 14, SECTION I. That Chapter 550, Vol. 14, Laws of Dela- Chapter 550, ware, entitled "An act for the Protection of Women," be amended. and the same is hereby amended by adding the following: and wife to SECTION 8. That it shall and may be lawful for husband Husband and wife to testify in all civil actions in which either or both testify in are or may be parties to the suit. Passed at Dover, April 15, 1891. certain cases OF CIVIL ACTIONS IN GENERAL. Mistake in return to CHAPTER 261. OF SHERIFFS. AN ACT to enable Isaac Wootten, late Sheriff of Sussex County, to amend his return on Execution No. 269 to April Term, 1883. Whereas Isaac Wootten, late Sheriff of Sussex county, did writ of ven- under and by virtue of a certain writ of Venditioni Exponas fonas, No. to sell lands, being No. 269 to April term, eighteen hundred 260,AprilT., and eighty-three, at suit of William H. Holloway vs. John ditioni ex 1883. Isaac Wootten, late Sheriff, authorized to M. Layton, administrator of Walter E. Jefferson, deceased, sell the lands of said deceased to Richard W. Jefferson and Ebe D. Quillen, and the purchase money was duly paid by said purchasers and applied to the parties entitled thereto; and whereas the said sheriff, through inadvertence, has returned the lands unsold, which mistake cannot be corrected under the rules of the Court, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: That Isaac Wootten, late sheriff of Sussex county, be and he is hereby empowered and authorized to amend his return andre. on the said execution of Venditioni Exponas to sell lands, turn to writ. being No. 269 to April term of the Superior Court, eighteen hundred and eighty-three, in conformity with the sale of Isaac Woot-lands duly made under said writ. And it is further enacted, that the said Isaac Wootten, as late sheriff, shall execute and make deed deliver to the said purchasers a deed or deeds for said lands, which shall be as good and valid as if executed upon a proper return of said execution. ten, late Sheriff, to or deeds. Passed at Dover, April 10, 1891. H OF CIVIL ACTIONS IN GENERAL. CHAPTER 262. OF LIEN OF TAXES. AN ACT to amend an act entitled "An act in relation to the Lien of Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: amended. SECTION I. That the act entitled “An act in relation to Certain act the Lien of Taxes" be and the same is hereby amended in the manner following, to wit: By striking out the twelfth and thirteenth lines of Section I of said act, and inserting in lieu thereof the words: on land sold "any real estate upon which such tax lien shall exist is Lien of taxes sold by an order of the Orphans' Court directing an executor by order of or administrator to sell the same to pay the debts of a de- the Orphans' ceased person, or is sold by virtue of an execution process, ferred. such tax lien shall be transferred." Passed at Dover, April 17, 1891. Court trans CHAPTER 263. OF MECHANICS' LIEN. AN ACT to further amend Chapter 145, Volume 16, Laws of Delaware, entitled "An act in relation to Mechanics' Liens." Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: as amended SECTION I. That Chapter 145, Volume 16, Laws of Del- Chapter 145, aware, entitled "An act in relation to Mechanics' Liens," Volume 16, as amended by Chapter 679, Volume 18, Laws of Delaware, by Chapter, be and the same is hereby amended by adding the following: amended. "SECTION 9. That it shall and may be lawful for any person or persons, having performed any work or labor to any Who may obtain a lien etc. OF CIVIL ACTIONS IN GENERAL. amount less than one hundred dollars in or for the erection, on building, alteration or repair of any house, building, bridge, or structure, in pursuance of any contract, expressed or implied, with the owner or reputed owner of such house, building, bridge, or structure, or with any contractor who shall have contracted for the erection, alteration or repair of any house, building, bridge, or structure, or any part thereof, to obtain a lien upon such building, house, bridge, or structure, and upon the ground upon which the same may be situated or erected, subject however to the following restrictions, limitations and qualifications, that is to say: that no person or persons having done or performed any work or labor in or about the erection, alteration or repair of any house, building, bridge, or structure, shall be allowed to file any stateWhen claim ment of his claim as hereinafter provided until after the may be filed. expiration of twenty days from the time of the last work or labor done or performed by him, but in order to avail himself of the benefits of this section he shall file his claim. within ten days after the expiration of the twenty days aforesaid, and any person or persons entitled to the benefits of this section shall file his claim under oath, within the time above when claim specified, with any justice of the peace of the county wherein such house, building, bridge, or structure shall be Contents of situated. The said statement shall set forth the names of statement. the party claimant, the owner or reputed owner of the How and is to be filed. Proceedings building, house, bridge, or structure, and also of the contractor and the kind of work or labor done, and whether the contract was with the owner or his agent, or with the contractor, the sum claimed to be due, the time when said work was commenced and finished, the location of such house, building, bridge, or structure, and the ground upon which the same is situated, and a description sufficient to identify the same. "Immediately upon the filing of any such claim the justice of the peace with whom the same is filed shall issue a summons, as in other civil cases, to the owner and contractor or owner, as the case may be, and directed to any constable Appearance. of the county; provided that the time for the defendants' ap pearance shall not be more than three days from the date of the summons, and not more than two adjournments shall be Rendering had, and then only from day to day. If the defendant or of judgment. defendants shall fail to appear at the time appointed, or after a hearing the justice shall be satisfied of the correctness of the claim, he shall give judgment as in other cases, and |
