reglab/housing_qa huggingface dataset:
10 DE Code § 5072. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XII. Scire Facias on Judgments|§ 5072. Execution on judgments in civil actions.

§ 5072. Execution on judgments in civil actions. (a) An execution may be issued upon a judgment in a civil action at any time within 5 years from the time when such judgment was entered or rendered, or from the time when such judgment became due; or to collect any instalment of a judgment within 5 years from the time when such instalment fell due. This section shall only apply to cases when no execution has been previously issued to collect such judgment or instalment, and to cases where 1 or more have been issued for such purpose, and it appears by the return of the officer that such judgment or instalment, as the case may be, has not been paid or satisfied. As to all other cases the law shall remain unaffected. (b) No judgment shall be deemed to be paid or satisfied, in whole or in part, by a levy on execution process, unless it appears otherwise than by the fact of such levy that such payment or satisfaction has been made. 11 Del. Laws, c. 451;  Code 1915, §  4408;  Code 1935, §  4866;  10 Del. C. 1953, §  5072;
10 DE Code § 5073. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XII. Scire Facias on Judgments|§ 5073. Execution on judgments of the Court of Common Pleas or justices of the peace.

§ 5073. Execution on judgments of the Court of Common Pleas or justices of the peace. An execution may be issued upon a judgment recovered before the Court of Common Pleas or a justice of the peace, and of which a transcript has been filed and entered in the Superior Court, or on a judgment upon an appeal from the Court of Common Pleas or a justice of the peace, at any time within 5 years from entering the transcript, or giving the judgment on appeal, without scire facias, unless it is necessary to make a party defendant. A party plaintiff may be made by suggesting the facts and stating the proper party on the record, without scire facias, and the proceeding shall be in the name of the proper party so stated. Code 1852, §  2491;  Code 1915, §  4409;  Code 1935, §  4867;  10 Del. C. 1953, §  5073;
10 DE Code § 5081. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XIII. Lien of Execution|§ 5081. Time of binding of goods and chattels by execution; duration of lien.

§ 5081. Time of binding of goods and chattels by execution; duration of lien. An execution shall not bind goods and chattels until it is delivered to the sheriff or other proper officer to be executed. An execution shall, from the time it is so delivered, bind all the goods and chattels of the defendant within the bailiwick, which shall be actually levied upon within 60 days thereafter. No levy upon goods and chattels, made by virtue of execution process, shall be of any force or effect as against a subsequent execution levied upon the same goods and chattels for a longer period than 3 years from the making of such first mentioned levy. Code 1852, §§  2492, 2493;  12 Del. Laws, c. 207;  Code 1915, §  4410;  Code 1935, §  4868;  10 Del. C. 1953, §  5081;
10 DE Code § 5082. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XIII. Lien of Execution|§ 5082. Priority of liens.

§ 5082. Priority of liens. If several executions against the same defendant are delivered on the same day, the first delivered shall have priority. If several executions against the same defendant are delivered together, they shall have priority according to their respective numbers. Code 1852, §  2494;  Code 1915, §  4411;  Code 1935, §  4869;  10 Del. C. 1953, §  5082;
10 DE Code § 5083. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XIII. Lien of Execution|§ 5083. Endorsing of date on writ.

§ 5083. Endorsing of date on writ. The prothonotary, issuing an execution, shall endorse thereon the date of its issue. Code 1852, §  2495;  Code 1915, §  4412;  Code 1935, §  4870;  10 Del. C. 1953, §  5083;
10 DE Code § 5084. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XIII. Lien of Execution|§ 5084. Duty of sheriff upon receipt of execution.

§ 5084. Duty of sheriff upon receipt of execution. The sheriff, or other officer, receiving an execution, shall, in a docket, set down the date of receiving it; and when several executions are delivered on the same day, the docket shall show the order in which they are received. Such officer shall also endorse upon an execution, immediately on receiving it, the precise time of its delivery to him or her. Code 1852, §  2496;  Code 1915, §  4413;  Code 1935, §  4871;  10 Del. C. 1953, §  5084;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5085. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XIII. Lien of Execution|§ 5085. Applicability to executions by the Court of Common Pleas or justices of the peace.

§ 5085. Applicability to executions by the Court of Common Pleas or justices of the peace. The provisions of this subchapter shall not apply to executions issued by the Court of Common Pleas or justices of the peace. Code 1852, §  2497;  Code 1915, §  4414;  Code 1935, §  4872;  10 Del. C. 1953, §  5085;
10 DE Code § 5091. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XIV. Miscellaneous Provisions|§ 5091. Execution on judgment for penalty.

§ 5091. Execution on judgment for penalty. When an execution is issued upon a judgment for a penalty, the officer issuing it shall endorse thereon the real debt and the time from which interest is to be calculated. Code 1852, §  2498;  Code 1915, §  4415;  Code 1935, §  4873;  10 Del. C. 1953, §  5091;
10 DE Code § 5092. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XIV. Miscellaneous Provisions|§ 5092. Death or escape of party arrested or imprisoned.

§ 5092. Death or escape of party arrested or imprisoned. If a person arrested, or imprisoned, by virtue of an execution, dies in execution, or escape, in either case the arrest, or imprisonment, shall be no satisfaction of the judgment, on which the execution is issued; and the execution shall be held to be in no part executed by such arrest, or imprisonment. Code 1852, §  2499;  Code 1915, §  4416;  Code 1935, §  4874;  10 Del. C. 1953, §  5092;
10 DE Code § 5093. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XIV. Miscellaneous Provisions|§ 5093. Liability of officer for escape; action against officer.

§ 5093. Liability of officer for escape; action against officer. If a person arrested, or imprisoned, by virtue of an execution, be suffered to escape, the sheriff, constable, or other officer having the custody of such person at the time of the person's escape, shall be answerable for the full amount payable according to the execution. The person at whose suit the execution was issued, or for whose use it is endorsed, or such person's executors, or administrators, shall have a civil action therefor, against such sheriff, constable, or other officer, or such officer's executors, or administrators. The nonpayment of the amount shall be a breach of the condition of the official recognizance, or obligation, of such sheriff, constable, or officer. Code 1852, §  2500;  Code 1915, §  4417;  Code 1935, §  4875;  10 Del. C. 1953, §  5093;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5094. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XIV. Miscellaneous Provisions|§ 5094. Restitution on reversal of judgment after sale of real estate.

§ 5094. Restitution on reversal of judgment after sale of real estate. If, after the sale of real estate upon execution process, the judgment upon which such writ is awarded shall be reversed for error, the real estate, so sold, shall not be restored, nor any part thereof, nor shall the sale thereof be avoided; but in such case, restitution only of the money for which such lands may be sold, shall be made. Code 1852, §  2501;  Code 1915, §  4418;  Code 1935, §  4876;  10 Del. C. 1953, §  5094;
10 DE Code § 5095. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XIV. Miscellaneous Provisions|§ 5095. Mistaken identity of judgment debtor.

§ 5095. Mistaken identity of judgment debtor. Where a judgment is entered upon the wrong person by any court by reason of mistaken identity, that person shall at any time after the entry be permitted to petition the court that entered the judgment to challenge the validity of the judgment entered against him or her. If the court determines that a judgment against such person was erroneously entered, the court shall issue an order correcting the error in whatever manner it deems appropriate to correct the mistake, including the release of any liens against real estate and personal property. 72 Del. Laws, c. 78, §  1;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5301. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 53. Oaths|Subchapter I. Authority to Administer Oaths|§ 5301. Generally.

§ 5301. Generally. Any judge of any court in this State, any justice of the peace, or notary public, may, in any case in which an oath or affirmation is necessary or proper, administer such oath or affirmation. Code 1852, §  2353;  Code 1915, §  4239;  Code 1935, §  4709;  10 Del. C. 1953, §  5301;
10 DE Code § 5302. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 53. Oaths|Subchapter I. Authority to Administer Oaths|§ 5302. Deputy sheriffs.

§ 5302. Deputy sheriffs. The sheriffs of the several counties may appoint deputies, who may administer oaths in all cases in which, by the laws of this State, an oath is authorized and required to be administered by the sheriff. In all cases in which the oath is administered by a deputy, whose appointment is recorded in the recorder's office in and for the county in which the sheriff and deputy reside, the oath so administered shall be as effectual in law as though it had been done by the sheriff. 12 Del. Laws, c. 201;  Code 1915, §  4240;  Code 1935, §  4710;  10 Del. C. 1953, §  5302;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5303. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 53. Oaths|Subchapter I. Authority to Administer Oaths|§ 5303. Clerk of United States District Court.

§ 5303. Clerk of United States District Court. The Clerk of the United States District Court for the District of Delaware may administer oaths and affirmations and take acknowledgment of the execution of instruments of writing in this State which are to be used in the District Court, or in any district or appellate court of the United States. 13 Del. Laws, c. 14;  Code 1915, §  4241;  Code 1935, §  4711;  10 Del. C. 1953, §  5303;
10 DE Code § 5304. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 53. Oaths|Subchapter I. Authority to Administer Oaths|§ 5304. Court appointees and surveyors.

§ 5304. Court appointees and surveyors. (a) The persons appointed or authorized, by any decree, order, rule, or commission, made in or issued out of the Supreme Court, the Court of Chancery or the Superior Court to perform any duty, or for any purpose, may severally administer to each other and to any surveyor, or person, by them employed, and to any witness produced before them, any oath or affirmation required or proper to be taken in the case. (b) Every surveyor may administer the proper oath or affirmation to chain carriers acting under the surveyor. (c) The form of the oath or affirmation required to be taken by persons so appointed or authorized, with directions for administering the same, shall accompany every commission, rule, or order issued out of any court. Code 1852, §§  2356-2358;  Code 1915, §  4244;  Code 1935, §  4714;  10 Del. C. 1953, §  5304;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5305. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 53. Oaths|Subchapter I. Authority to Administer Oaths|§ 5305. Nonresidents in legal proceedings.

§ 5305. Nonresidents in legal proceedings. In all legal proceedings in this State, wherein an oath or affidavit is required to be made by any person not residing in this State, such oath or affidavit may be administered and certified in the same manner and by the same persons as the laws of this State prescribe for taking the acknowledgment of deeds or the probate of accounts against a deceased person's estate, where the acknowledgment or probate is made out of this State. 13 Del. Laws, c. 462;  Code 1915, §  4250;  Code 1935, §  4720;  10 Del. C. 1953, §  5305;
10 DE Code § 5321. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 53. Oaths|Subchapter II. Procedure and Form of Oaths|§ 5321. Method of administering.

§ 5321. Method of administering. The usual oath in this State shall be by swearing upon the Holy Evangels of Almighty God. The person to whom an oath is administered shall lay his or her right hand upon the book. Code 1852, §  2359;  Code 1915, §  4245;  Code 1935, §  4715;  10 Del. C. 1953, §  5321;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5322. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 53. Oaths|Subchapter II. Procedure and Form of Oaths|§ 5322. Uplifted hand.

§ 5322. Uplifted hand. A person may be permitted to swear with the uplifted hand; that is to say, a person shall lift up his or her right hand and swear by the ever living God, the searcher of all hearts, that etc., and at the end of the oath shall say, “as I shall answer to God at the Great Day.” Code 1852, §  2360;  Code 1915, §  4247;  Code 1935, §  4717;  10 Del. C. 1953, §  5322;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5323. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 53. Oaths|Subchapter II. Procedure and Form of Oaths|§ 5323. Affirmation.

§ 5323. Affirmation. A person conscientiously scrupulous of taking an oath may be permitted, instead of swearing, solemnly, sincerely and truly to declare and affirm to the truth of the matters to be testified. Code 1852, §  2361;  Code 1915, §  4248;  Code 1935, §  4718;  10 Del. C. 1953, §  5323;
10 DE Code § 5324. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 53. Oaths|Subchapter II. Procedure and Form of Oaths|§ 5324. Non-Christians.

§ 5324. Non-Christians. A person believing in any other than the Christian religion, may be sworn according to the peculiar ceremonies of such person's religion, if there be any such. Code 1852, §  2362;  Code 1915, §  4249;  Code 1935, §  4719;  10 Del. C. 1953, §  5324;  70 Del. Laws, c. 186, §  1;
10 DE Code § 7301. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 73. Insolvency|Subchapter I. Proceedings for Discharge|§ 7301. Right of discharge from imprisonment for debt; conditions.

§ 7301. Right of discharge from imprisonment for debt; conditions. Whoever is imprisoned for debt, damages, or costs, by virtue of any process or commitment, in a civil action (except process or commitment of the Court of Chancery), having resided in this State for 1 year next preceding such imprisonment, may obtain discharge from such imprisonment upon petition to the Superior Court of the county wherein he or she is imprisoned, and compliance with the provisions of this subchapter. Code 1852, §  2679;  Code 1915, §  4612;  Code 1935, §  5070;  10 Del. C. 1953, §  7301;  70 Del. Laws, c. 186, §  1;
10 DE Code § 7302. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 73. Insolvency|Subchapter I. Proceedings for Discharge|§ 7302. Contents of petition.

§ 7302. Contents of petition. The petition for discharge shall set forth the imprisonment and the cause thereof, the insolvency of the petitioner, a full and true account of all the petitioner's real and personal estate, debts, credits, rights, money, and effects whatsoever, with the sums and dates of all the petitioner's bonds, notes, or other securities, and a true list, according to the best of the petitioner's knowledge and belief, of all the petitioner's creditors, with the sums due to them respectively. If the petitioner at any time has given, conveyed, assigned, settled, or disposed of money, stock, or property of any kind, upon trust, it shall be mentioned. Code 1852, §  2680;  Code 1915, §  4613;  Code 1935, §  5071;  10 Del. C. 1953, §  7302;  70 Del. Laws, c. 186, §  1;
10 DE Code § 7303. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 73. Insolvency|Subchapter I. Proceedings for Discharge|§ 7303. Summons to creditors; service.

§ 7303. Summons to creditors; service. The petition being preferred, the court shall award process for summoning the creditors of the petitioner to appear in the court, on some certain day, and show cause, if any they have, why the petitioner should not be discharged from imprisonment upon assigning his or her property for the benefit of his or her creditors. Service of such summons upon the agent or attorney of a creditor not residing in the State shall be a valid service as to such creditor. Service of a summons upon 1 of several parties, joint plaintiffs, or joint creditors, shall be sufficient so far as concerns a partnership, or joint debt. Code 1852, §  2681;  Code 1915, §  4614;  Code 1935, §  5072;  10 Del. C. 1953, §  7303;  70 Del. Laws, c. 186, §  1;
10 DE Code § 7304. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 73. Insolvency|Subchapter I. Proceedings for Discharge|§ 7304. Proof of service; appearance as waiver.

§ 7304. Proof of service; appearance as waiver. Proof of the service of a summons under § 7303 of this title shall be by the affidavit of the person serving the same written upon the summons. An appearance entered, either personally or by attorney, shall be as effectual as proof of the service of the summons. Code 1852, §§  2682, 2683;  Code 1915, §  4615;  Code 1935, §  5073;  10 Del. C. 1953, §  7304;
10 DE Code § 7305. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 73. Insolvency|Subchapter I. Proceedings for Discharge|§ 7305. Creditor's affidavit of fraud; jury trial.

§ 7305. Creditor's affidavit of fraud; jury trial. Any creditor in any sum not less than $50, the amount of which shall be proved by affidavit, may file an allegation of fraud against the petitioner, specifying the supposed fraudulent transactions, to which allegation the petitioner may plead. Thereupon the same shall be tried by a jury at the same term to which the petition is preferred. Code 1852, §  2684;  Code 1915, §  4616;  Code 1935, §  5074;  10 Del. C. 1953, §  7305;
10 DE Code § 7306. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 73. Insolvency|Subchapter I. Proceedings for Discharge|§ 7306. Hearing by court in absence of allegation of fraud.

§ 7306. Hearing by court in absence of allegation of fraud. If an allegation of fraud is not filed, or being filed is withdrawn, the court shall hear what is alleged and proved for or against granting the prayer of the petition. Code 1852, §  2685;  Code 1915, §  4617;  Code 1935, §  5075;  10 Del. C. 1953, §  7306;
10 DE Code § 7307. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 73. Insolvency|Subchapter I. Proceedings for Discharge|§ 7307. Interrogatories to petitioner.

§ 7307. Interrogatories to petitioner. Interrogatories may be proposed by any creditor to the petitioner, touching the causes of the petitioner's insolvency, the ownership, disposal and state of any property, the time of contracting any debt, or of executing any security, deed, or other instrument, and the consideration thereof, and any other matter which the court deems a proper subject of such inquiry. The petitioner shall, upon the requirement of any creditor, fully and distinctly answer the interrogatories upon oath or affirmation. The petitioner's answers, being reduced to writing, shall be signed by the petitioner. Code 1852, §  2686;  Code 1915, §  4618;  Code 1935, §  5076;  10 Del. C. 1953, §  7307;  70 Del. Laws, c. 186, §  1;
10 DE Code § 7308. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 73. Insolvency|Subchapter I. Proceedings for Discharge|§ 7308. Order to surrender property.

§ 7308. Order to surrender property. Upon sufficient cause shown, the court may order the petitioner to produce any money in the petitioner's possession or control, or any deeds, bonds, notes, books of account, or other writings relating to his or her estate, and remand the petitioner until such order is complied with. Code 1852, §  2687;  Code 1915, §  4619;  Code 1935, §  5077;  10 Del. C. 1953, §  7308;  70 Del. Laws, c. 186, §  1;
10 DE Code § 7309. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 73. Insolvency|Subchapter I. Proceedings for Discharge|§ 7309. Penalties for fraud of petitioner.

§ 7309. Penalties for fraud of petitioner. If it appears to the court that the petitioner has fraudulently secreted, transferred, disposed of, or removed any goods, chattels, rights, credits, money, or other property, or has been guilty of deception or fraud in contracting any debt, or has not fully and truly answered the interrogatories proposed, or has committed any fraud by which the petitioner's creditors may be injured, the petition shall be dismissed and the petitioner remanded. Code 1852, §  2688;  Code 1915, §  4620;  Code 1935, §  5078;  10 Del. C. 1953, §  7309;  70 Del. Laws, c. 186, §  1;
10 DE Code § 7310. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 73. Insolvency|Subchapter I. Proceedings for Discharge|§ 7310. Discharge of petitioner.

§ 7310. Discharge of petitioner. If it appears to the court that there is no sufficient cause for remanding the petitioner, it shall order that the petitioner be discharged from imprisonment after first fulfilling the requirements of §§ 7311 and 7312 of this title. Code 1852, §  2697;  Code 1915, §  4621;  Code 1935, §  5079;  10 Del. C. 1953, §  7310;  70 Del. Laws, c. 186, §  1;
10 DE Code § 7311. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 73. Insolvency|Subchapter I. Proceedings for Discharge|§ 7311. Oath of insolvency upon discharge.

§ 7311. Oath of insolvency upon discharge. Before an order for a petitioner's discharge, the petitioner shall take an oath or affirmation according to the following form, the same being first distinctly read to him or her:  “I ________________________ do solemnly swear (or affirm) that the account set forth in my petition to be discharged from imprisonment, is a full and true account of all my real and personal estate, legal and equitable, in possession, reversion and remainder, and of every nature and description, including all my debts, credits, rights, money and effects whatsoever; and that I have not at any time, given, conveyed, assigned, settled, disposed of, or delivered any lands, goods, money, stock, securities, or other real or personal estate, so as to expect any benefit or advantage therefrom, or upon any trust otherwise than as mentioned in said petition; that I have not contracted any debt, nor executed any bonds, or security, nor done any other act or thing to defraud my creditors; and that I have not intentionally or knowingly omitted from the list set forth in my petition any one of my creditors, nor misstated any debt due from me; so help me God. (Or so I do solemnly affirm.)”Code 1852, §  2698;  Code 1915, §  4622;  Code 1935, §  5080;  10 Del. C. 1953, §  7311;  70 Del. Laws, c. 186, §  1;