reglab/statecodes huggingface dataset:
2023 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;
2023 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;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter I. Proceedings for Discharge › § 7312. Petitioner's assignment in trust for creditors on discharge.

§ 7312. Petitioner's assignment in trust for creditors on discharge.
The petitioner shall also, before an order for his or her discharge, execute a deed of assignment, to a trustee, or trustees, appointed by the Court. Such deed shall be endorsed upon, or annexed to the petition, and shall be according to the following form:
“I ________________________ do grant and assign to ______________________________________________ their heirs and assigns, as joint tenants, upon trust for all my creditors, all my lands, tenements, hereditaments, goods, chattels, rights, credits, and real and personal estate, of every nature and description, wheresoever situate or being.
Witness my hand and seal the ________________________ day of ________________________ A.D. 20____________
Signed, sealed, and delivered, ____________________________ LS.”
in open court, before
If 1 trustee only be appointed, the deed may be adapted to the case.
Code 1852, §  2699;  Code 1915, §  4623;  Code 1935, §  5081;  10 Del. C. 1953, §  7312;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter I. Proceedings for Discharge › § 7313. Petition in Chancery for discharge.

§ 7313. Petition in Chancery for discharge.
Whoever is imprisoned for the nonperformance of any order or judgment for the payment of money, or costs, by virtue of attachment, or other process, issued out of the Court of Chancery, having resided within the State for 1 year next before his or her imprisonment, may prefer to the Court of Chancery, held in the county wherein he or she is imprisoned, a petition of the same purport prescribed in § 7302 of this title. Thereupon the Court of Chancery shall have and exercise jurisdiction over the subject of such petition, in the same manner and by like proceedings, as is provided in this subchapter in the case of a petition to the Superior Court, except as it regards the directing of an issue.
Code 1852, §  2700;  Code 1915, §  4624;  Code 1935, §  5082;  10 Del. C. 1953, §  7313;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter I. Proceedings for Discharge › § 7314. Records of proceedings.

§ 7314. Records of proceedings.
Every petition, and all proceedings, orders and adjudications in cases of insolvency, shall be recorded by the prothonotary, or Register in Chancery, in suitable books kept for the purpose. A correct alphabetical index shall be kept for each book.
Code 1852, §  2701;  Code 1915, §  4625;  Code 1935, §  5083;  10 Del. C. 1953, §  7314;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter II. Proceedings Under Assignment › § 7321. Deed of assignment as court record; copy as evidence.

§ 7321. Deed of assignment as court record; copy as evidence.
A deed of assignment, executed pursuant to § 7312 of this title, shall be deemed to be a record of the court in which it is executed. A certified copy thereof shall be competent evidence.
Code 1852, §  2702;  Code 1915, §  4626;  Code 1935, §  5084;  10 Del. C. 1953, §  7321;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter II. Proceedings Under Assignment › § 7322. Vesting of title under assignment.

§ 7322. Vesting of title under assignment.
The assignment shall vest in the trustee or trustees therein named, all the property and estate of the petitioner at the time of executing the same, real and personal, legal and equitable, and of every nature and description, as well as rights, whether real or personal, credits and things in action, as property in possession.
Code 1852, §  2703;  Code 1915, §  4627;  Code 1935, §  5085;  10 Del. C. 1953, §  7322;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter II. Proceedings Under Assignment › § 7323. Possession of property by trustees; exemption and valuation.

§ 7323. Possession of property by trustees; exemption and valuation.
The trustee or trustees shall take possession of all property and estate, except wearing apparel and the necessary bedding of the petitioner and the petitioner's family, and the tools, or implements, of the petitioner's trade or calling, not exceeding in value in the whole $50; which articles, and the value thereof, shall be ascertained by 2 judicious and impartial citizens of the county wherein the petitioner resides, to be appointed, and sworn or affirmed to the faithful performance of their duty, by a justice of the peace of the county. The articles so ascertained shall be exempt from any execution or legal process against the petitioner, except execution in a criminal case.
Code 1852, §  2704;  Code 1915, §  4628;  Code 1935, §  5086;  10 Del. C. 1953, §  7323;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter II. Proceedings Under Assignment › § 7324. Rental liability of property assigned; payment before removal.

§ 7324. Rental liability of property assigned; payment before removal.
If the petitioner is a tenant holding any lands or tenements under rent, the petitioner's goods and chattels that are on the demised premises at the time of executing the assignment, shall be liable for the rent of such premises for the current or preceding year, if such rent be not paid, but for 1 year only. The landlord may require that such rent be paid before the removal of the goods or chattels from the demised premises.
Code 1852, §  2705;  Code 1915, §  4629;  Code 1935, §  5087;  10 Del. C. 1953, §  7324;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter II. Proceedings Under Assignment › § 7325. Duties and powers of trustees.

§ 7325. Duties and powers of trustees.
The trustee or trustees, or the survivors or survivor of them, or the executors or administrators of such trustee or survivor, shall collect, recover and reduce into possession all the rights, whether real or personal, credits and things in action of the petitioner; and for that purpose may, in his or her or their own name or names institute and prosecute to judgment and execution any actions real, personal, or mixed; and shall also convert into money all the property and estate assigned, and for that purpose may sell, dispose of and convey the same, in parcels or otherwise, as may be deemed expedient.
Code 1852, §  2706;  Code 1915, §  4630;  Code 1935, §  5088;  10 Del. C. 1953, §  7325;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter II. Proceedings Under Assignment › § 7326. Abatement of actions pending at assignment.

§ 7326. Abatement of actions pending at assignment.
No action or proceeding of the petitioner at law, or in equity, shall be abated by the assignment, but such action or proceeding may be continued and execution may be issued on any judgment recovered by the petitioner, as if no such deed of assignment had been executed. Such action, proceeding, or execution shall be for the use or benefit of the trustee or trustees, or the survivors or survivor of them, or the executors or administrators of such trustee or survivor.
Code 1852, §  2707;  Code 1915, §  4631;  Code 1935, §  5089;  10 Del. C. 1953, §  7326;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter II. Proceedings Under Assignment › § 7327. Release after assignment.

§ 7327. Release after assignment.
No release, acquittance, or receipt, made by the petitioner after executing the deed of assignment, of any debt, demand, right, action, or cause of action, existing at or before the time of executing the deed, shall be of any force or effect.
Code 1852, §  2708;  Code 1915, §  4632;  Code 1935, §  5090;  10 Del. C. 1953, §  7327;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter II. Proceedings Under Assignment › § 7328. Disposition of proceeds from petitioner's estate.

§ 7328. Disposition of proceeds from petitioner's estate.
The net proceeds of the petitioner's estate, after deducting just expenses of executing the trust and a reasonable commission to the trustees, shall be applied towards payment of such demands against the petitioner as are exhibited to the trustees within 1 year after the date of the assignment, and no others. If the proceeds are insufficient to pay the whole amount of the demands, they shall be apportioned pro rata. Any overplus shall be returned to the petitioner, the petitioner's heirs, executors, or administrators.
Code 1852, §  2709;  Code 1915, §  4633;  Code 1935, §  5091;  10 Del. C. 1953, §  7328;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter II. Proceedings Under Assignment › § 7329. Admission of demands payable in future.

§ 7329. Admission of demands payable in future.
A demand existing at the time of executing the deed of assignment, but payable at a future day (subject to the proper discount if payable without interest) shall be admitted in the distribution of the petitioner's estate.
Code 1852, §  2710;  Code 1915, §  4634;  Code 1935, §  5092;  10 Del. C. 1953, §  7329;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter II. Proceedings Under Assignment › § 7330. Determination of controversies respecting demands or claims.

§ 7330. Determination of controversies respecting demands or claims.
Controversies arising in the course of the execution of the trust, respecting any disputed demands or claims, may be referred, compromised, or settled, as may be deemed expedient.
Code 1852, §  2711;  Code 1915, §  4635;  Code 1935, §  5093;  10 Del. C. 1953, §  7330;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter II. Proceedings Under Assignment › § 7331. Court's powers with respect to trustees.

§ 7331. Court's powers with respect to trustees.
The court may, in its discretion, require the trustee or trustees to give bond with security to the State for the faithful execution of the trust. It may, in its discretion, remove the trustee or trustees and compel an assignment of the trust estate to others appointed in their stead. It may order an inventory and appraisement of the trust estate and effects to be made and returned to the court, and may require accounts, touching the execution of the trust, to be rendered, and shall adjust and settle such accounts.
Any order by the court in the premises may be enforced by attachment and imprisonment.
Code 1852, §§  2712, 2713;  Code 1915, §  4636;  Code 1935, §  5094;  10 Del. C. 1953, §  7331;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter III. Effect of Discharge Under Subchapters I and II › § 7341. Freedom from arrest; after-acquired property.

§ 7341. Freedom from arrest; after-acquired property.
A person discharged from imprisonment, pursuant to subchapters I and II of this chapter, shall not be afterwards arrested or imprisoned for any debt or demand contracted or existing before such discharge, except debts and demands of the United States, and also of persons who shall not have been summoned, nor appeared. Such discharge shall have no further effect. If any debt or demand, due or existing, at the time of such discharge, against the petitioner, shall not be fully satisfied out of the estate and property assigned, because of the insufficiency thereof, such debt, or any balance thereof remaining after a proper application of the estate and property assigned, may be recovered and levied out of any property or estate, which the petitioner may acquire or become entitled to, after the date of the assignment, excepting that exempted from execution under this chapter.
Code 1852, §  2714;  Code 1915, §  4637;  Code 1935, §  5095;  10 Del. C. 1953, §  7341;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter IV. Proceedings Regarding Maintenance of Imprisoned Debtors › § 7351. Petition for maintenance.

§ 7351. Petition for maintenance.
Whoever is imprisoned for debt, damages, or costs of a civil action, or for nonperformance of an order or judgment for the payment of money, by virtue of original execution, other process, or commitment, may prefer to the Superior Court of the county wherein such person is imprisoned, a petition stating the imprisonment and the cause thereof, and the inability of the petitioner to maintain himself, herself or his or her family, and praying for relief.
Code 1852, §  2717;  Code 1915, §  4638;  Code 1935, §  5096;  10 Del. C. 1953, §  7351;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter IV. Proceedings Regarding Maintenance of Imprisoned Debtors › § 7352. Hearing on petition; order for recognizance of.

§ 7352. Hearing on petition; order for recognizance of.
(a) If, upon the hearing of a petition filed under § 7351 of this title and reasonable notice in writing of the time and place thereof to the party at whose suit the petitioner is imprisoned, or the party's attorney or agent, if there be such party, attorney or agent within the county, it shall appear that there is ground to apprehend that the petitioner or the petitioner's family, in consequence of the petitioner's imprisonment, will be chargeable to the county, the court shall order that the person at whose suit the petitioner is imprisoned, shall with sufficient surety enter into a recognizance to the State in the penal sum of $250, with condition to be void if the recognizor, the recognizor's heirs, executors, or administrators, shall keep the county harmless and indemnified of and from all damages and charges in consequence of the imprisonment of the petitioner, either for the maintenance, or through the sickness, of the petitioner or the petitioner's family. The order with the petition shall be filed in the office of the prothonotary in the county wherein the petitioner is imprisoned.
(b) If notice of such hearing cannot be given, by reason of the fact that the party, at whose suit the petitioner is imprisoned, resides out of the county, and has no attorney or agent therein, the same proceedings shall be had as if notice had been duly served.
Code 1852, §§  2718, 2719;  Code 1915, §  4639;  Code 1935, §  5097;  10 Del. C. 1953, §  7352;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter IV. Proceedings Regarding Maintenance of Imprisoned Debtors › § 7353. Recognizance.

§ 7353. Recognizance.
The prothonotary may approve the surety and take the recognizance directed by the order issued under § 7352 of this title. The recognizance shall be joint and several.
Code 1852, §  2720;  Code 1915, §  4640;  Code 1935, §  5098;  10 Del. C. 1953, §  7353;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter IV. Proceedings Regarding Maintenance of Imprisoned Debtors › § 7354. Discharge upon failure to give recognizance.

§ 7354. Discharge upon failure to give recognizance.
If the order issued under § 7352 of this title is not complied with by the person on whom it is made (or by some 1 of them if there be several) within 10 days after the same is made, the prothonotary shall certify the order and the failure to comply therewith to the sheriff, or jailer, of the county. Thereupon the petitioner shall be discharged from imprisonment.
Code 1852, §  2721;  Code 1915, §  4641;  Code 1935, §  5099;  10 Del. C. 1953, §  7354;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter IV. Proceedings Regarding Maintenance of Imprisoned Debtors › § 7355. Discharge upon creditor's action to discontinue liability.

§ 7355. Discharge upon creditor's action to discontinue liability.
(a) The principal in any recognizance entered into under the provisions of this subchapter may, at any time, cause an entry to be made upon the recognizance, or the record thereof, and signed by the principal, to the effect that the principal is unwilling to continue liable touching any further imprisonment of the person upon whose petition the order was made.
(b) The prothonotary shall forthwith certify the substance of such order, recognizance and entry to the sheriff, or jailer, of the county. The petitioner shall thereupon be discharged from imprisonment at the suit of the party causing such entry to be made.
(c) Such entry shall in no manner impair the recognizance or have any other effect than to discharge the petitioner from further imprisonment at the suit of the party causing it to be made.
Code 1852, §§  2722-2724;  Code 1915, §  4642;  Code 1935, §  5100;  10 Del. C. 1953, §  7355;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter IV. Proceedings Regarding Maintenance of Imprisoned Debtors › § 7356. Petition by prisoner to give security for debt.

§ 7356. Petition by prisoner to give security for debt.
Whoever is imprisoned for the reasons stated in § 7351 of this title may prefer a petition to the Superior Court setting forth that such person is willing and able to give to the creditor good and sufficient security for the payment of the debt, damages or costs within a reasonable time. If, upon the hearing of the petition, and reasonable notice in writing of the time and place thereof to the party at whose suit the petitioner is imprisoned, or the party's attorney or agent, if there be such party, attorney or agent within the county, it appears that the petitioner is able to give such security, the Court shall proceed to order security to be given and taken in such form, and for the payment of such debt, damages and costs, in such time and manner as to the Court seems meet and proper in the case, and on such security being given and approved by the Court, an order shall be made for the immediate discharge of the petitioner from imprisonment.
11 Del. Laws, c. 653;  Code 1915, §  4643;  Code 1935, §  5101;  10 Del. C. 1953, §  7356;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter IV. Proceedings Regarding Maintenance of Imprisoned Debtors › § 7357. Arrest upon same process; continuation of obligations.

§ 7357. Arrest upon same process; continuation of obligations.
A person discharged from imprisonment pursuant to § 7354, § 7355 or § 7356 of this title shall not be again arrested upon the same process, but such imprisonment and discharge shall have no other effect. No judgment, debt, or demand shall be thereby extinguished or invalidated.
Code 1852, §  2725;  Code 1915, §  4644;  Code 1935, §  5102;  10 Del. C. 1953, §  7357;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter IV. Proceedings Regarding Maintenance of Imprisoned Debtors › § 7358. Special proceedings; affidavit of fraud.

§ 7358. Special proceedings; affidavit of fraud.
(a) The provisions of this subchapter for the discharge of a person imprisoned on civil process, upon failure of the party at whose suit such person is imprisoned to indemnify the county, shall not apply to the case of a prisoner remanded by the court upon the trial of allegations of fraud; nor to the case of a citizen of this State imprisoned by virtue of a capias ad satisfaciendum, or for the nonperformance of an order or judgment for the payment of money, upon an affidavit of fraud; nor to the case of any person whatsoever imprisoned by virtue of civil process, whether original, or final, or whether issuing out of a court of law or equity, if the plaintiff in such process, within 5 days after the imprisonment of such person, files in the office of the prothonotary, or Register in Chancery, issuing the process, an affidavit of fraud against the person so imprisoned, in the same form as by law is required to be filed before the issuing of a capias ad satisfaciendum against a citizen of this State.
(b) A person so imprisoned, against whom such affidavit of fraud is filed within 5 days after such person's imprisonment, as provided in this section, shall have the same benefit of a hearing of the specifications of fraud in such affidavit set forth before the court, and upon like proceedings, as in the case of an affidavit of fraud filed before the issuing of a capias ad satisfaciendum.
Code 1852, §§  2728, 2729;  Code 1915, §  4647;  Code 1935, §  5105;  10 Del. C. 1953, §  7358;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter V. Miscellaneous Provisions Relating toSubchapters I-IV › § 7371. Appearance in actions.

§ 7371. Appearance in actions.
The appearance of any person who is discharged from imprisonment according to subchapters I-IV of this chapter may be entered in any action, from process in which such person is so discharged. Such action may be proceeded in on the ground of such appearance.
Code 1852, §  2726;  Code 1915, §  4645;  Code 1935, §  5103;  10 Del. C. 1953, §  7371;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter V. Miscellaneous Provisions Relating toSubchapters I-IV › § 7372. Imprisonment by United States or for other cause.

§ 7372. Imprisonment by United States or for other cause.
No proceeding or order under subchapters I-IV of this chapter shall discharge any person imprisoned by the authority of the United States from such imprisonment, nor shall any such proceeding or order discharge any person from imprisonment for any other cause than that to which it relates. Such person, notwithstanding such proceeding or order, shall be detained for such other cause, according to the nature and effect thereof.
Code 1852, §  2727;  Code 1915, §  4646;  Code 1935, §  5104;  10 Del. C. 1953, §  7372;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter V. Miscellaneous Provisions Relating toSubchapters I-IV › § 7373. Preservation of liens and liability of sureties and others.

§ 7373. Preservation of liens and liability of sureties and others.
No proceeding under subchapters I-IV of this chapter shall in any way impair the lien of any mortgage, judgment, recognizance, execution, or any other lien, or the liability of one who, as surety, joint debtor, or otherwise, is liable for a debt or demand existing against the person to whom such proceeding relates.
Code 1852, §  2730;  Code 1915, §  4648;  Code 1935, §  5106;  10 Del. C. 1953, §  7373;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter V. Miscellaneous Provisions Relating toSubchapters I-IV › § 7374. Penalties for false swearing.

§ 7374. Penalties for false swearing.
Whoever, to whom an oath or affirmation is administered under subchapters I-IV of this chapter, wilfully and falsely swears or affirms, in any matter, shall be guilty of wilful and corrupt perjury, and shall forfeit all benefit under such subchapters, and shall not be permitted to plead, or insist upon the same, or to avail himself or herself thereof in any manner whatever.
The penalties prescribed by this section shall be in addition to the penalties prescribed by law for the crime of wilful and corrupt perjury.
Code 1852, §  2731;  Code 1915, §  4649;  Code 1935, §  5107;  10 Del. C. 1953, §  7374;  70 Del Laws, c. 186,, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter VI. Voluntary Assignments › § 7381. Filing inventory of property assigned.

§ 7381. Filing inventory of property assigned.
In every case in which any person makes a voluntary assignment of his or her estate, real or personal, or of any part thereof to any other person in trust for his or her creditors or some of them, the assignee, within 30 days after the execution thereof, shall file in the office of the 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 effects so assigned, accompanied with an affidavit by such assignee, that the same is a full and complete inventory of all such estate and effects, so far as the same has come to his or her knowledge.
15 Del. Laws, c. 187, §  1;  Code 1915, §  4651;  Code 1935, §  5109;  10 Del. C. 1953, §  7381;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter VI. Voluntary Assignments › § 7382. Appointment and duties of appraisers.

§ 7382. Appointment and duties of appraisers.
Upon the filing of the inventory and affidavit required by § 7381 of this title, the Court of Chancery shall appoint 2 disinterested and competent persons to appraise the estate assigned, who shall, after being duly sworn or affirmed by some person having authority to administer oaths, to perform their duties with fidelity, forthwith proceed to make an appraisement of the 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 the 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 law to appraisers of the estate of a decedent.
15 Del. Laws, c. 187, §  2;  Code 1915, §  4652;  Code 1935, §  5110;  10 Del. C. 1953, §  7382;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter VI. Voluntary Assignments › § 7383. Assignee's bond.

§ 7383. Assignee's bond.
(a) The assignee shall, as soon as the inventory and appraisement required by § 7382 of this title have been filed, give bond with sufficient surety, to be approved by the Court of Chancery in an amount fixed by the Court, being not less than the total amount of inventory and appraisement of the estate so assigned. The bond shall be taken in the name of the State, and the condition thereof shall be as follows:
“The condition of this obligation is such, that if the above bounden assignee of shall in all things comply with the provisions of this chapter, and shall faithfully execute the trust confided to him or her, then the above obligation to be void, otherwise to remain in full force and virtue.”
(b) To the bond there shall be subjoined a warrant of attorney to confess judgment thereon, and the 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 were filed, and shall inure to the use of all persons interested in the property assigned.
15 Del. Laws, c. 187, §  3;  Code 1915, §  4653;  Code 1935, §  5111;  48 Del. Laws, c. 88, §  1;  10 Del. C. 1953, §  7383;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter VI. Voluntary Assignments › § 7384. Proceedings on bond.

§ 7384. Proceedings on bond.
Upon the application of any person interested, the Court of Chancery may direct the bond provided under § 7383 of this title to be proceeded on if it deems it necessary and proper for the protection of such interested party.
15 Del. Laws, c. 187, §  4;  Code 1915, §  4654;  Code 1935, §  5112;  10 Del. C. 1953, §  7384;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter VI. Voluntary Assignments › § 7385. Assignees' accounts and exceptions.

§ 7385. Assignees' accounts and exceptions.
(a) The assignee shall render an account of the assignee's trusteeship every year from the date of the assignee's bond, required under § 7383 of this title, before the Register in Chancery of the proper county, until the trusteeship is closed and a final account rendered and approved. If the assignee fails to perform this duty, the Register in Chancery may issue a citation to such assignee, requiring the assignee to appear and exhibit under oath or affirmation the accounts of the trusts, within a certain time to be named in such citation.
(b) Upon the filing of any such account, notice thereof shall be given to all persons in interest as directed by an appropriate order of the Court of Chancery. Such order and notice shall set forth the time within which any person in interest may take and file with the Register in Chancery, in and for the proper county, exceptions to the account in question. The time within which exceptions to any such account may be filed by any person in interest shall be determined by the Court in the exercise of its discretion, and may be extended from time to time for good cause shown. Any exceptions so filed in respect of any such account shall be heard, determined and the particular account adjusted before the Court, as it may order or direct.
15 Del. Laws, c. 187, §  5;  Code 1915, §  4655;  Code 1935, §  5113;  48 Del. Laws, c. 80, §  1;  10 Del. C. 1953, §  7385;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter VI. Voluntary Assignments › § 7386. Removal of assignees.

§ 7386. Removal of assignees.
The Court of Chancery, upon cause being shown, may remove the assignee or trustee referred to in this chapter, and compel an assignment of the trust estate to others appointed in their stead. Any order of the Court in the premises may be enforced by attachment and imprisonment.
15 Del. Laws, c. 187, §  6;  Code 1915, §  4656;  Code 1935, §  5114;  10 Del. C. 1953, §  7386;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter VI. Voluntary Assignments › § 7387. Void preferences of creditors.

§ 7387. Void preferences of creditors.
Whenever any person, in contemplation of insolvency or in contemplation of taking the benefit of any of the insolvent laws of this State, makes an assignment of his or her estate or effects for the benefit of creditors, and by such assignment, either under its provisions or otherwise, prefers any creditor to others, or in or by such assignment, secures or pays to any creditor a greater proportion of his or her debt or demand than shall be secured or paid to all his or her creditors, every such assignment so giving a preference shall be deemed fraudulent and absolutely void, and the estate or effects contained therein shall be liable to be taken in execution, or attached, for the payment of such assignor's debts, as fully as if no such assignment had been made; and whoever makes such fraudulent assignment shall forever be deprived of the benefit of any insolvent law of this State.
Code 1852, §  2915;  Code 1915, §  4795;  Code 1935, §  5282;  10 Del. C. 1953, §  7387;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 75. RECOGNIZANCES AND BONDS › § 7501. Benefit of State and injured person.

§ 7501. Benefit of State and injured person.
Every recognizance and bond, acknowledged or executed, pursuant to any law, or by the direction of the Governor, or of any court, by an executor, administrator, sheriff, or other officer, or person, to the State, with condition for the payment of money, or the execution, or performance, of any office, trust, or duties, shall be not only for the benefit of the State, but also upon trust for every person that may be injured by the breach of such condition. The proceeds of any bond forfeited for a party's failure to appear in any civil or criminal child support proceeding shall be paid over to the payee of the child support order and applied to the child support account.
Code 1852, §  2571;  Code 1915, §  4502;  Code 1935, §  4954;  10 Del. C. 1953, §  7501;  70 Del. Laws, c. 449, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 75. RECOGNIZANCES AND BONDS › § 7502. Right of action by injured person; title of action.

§ 7502. Right of action by injured person; title of action.
Every person injured by the breach of the condition of any public recognizance or bond may, in the name of the State, but for such person's own use, institute an action upon such recognizance or bond, and prosecute the same to judgment and execution. Such person may employ an attorney of the court wherein the action is brought, who may, in the complaint and other pleadings, use his or her own name, instead of the name of the Attorney General.
Code 1852, §  2572;  Code 1915, §  4503;  Code 1935, §  4955;  10 Del. C. 1953, §  7502;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 75. RECOGNIZANCES AND BONDS › § 7503. Judgment for less than penalty; security for further damages.

§ 7503. Judgment for less than penalty; security for further damages.
A recognizance, bond, or penal sum, shall not be extinguished by a judgment in an action thereon, if for a sum as debt less than the penalty, but shall remain as a security for any damages sustained, or to be sustained on occasion of other breaches. For the recovery of such damages, actions may be instituted from time to time upon such recognizance, bond, or penal sum.
Code 1852, §  2579;  Code 1915, §  4510;  Code 1935, §  4962;  10 Del. C. 1953, §  7503;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 75. RECOGNIZANCES AND BONDS › § 7504. Limitation of liability.

§ 7504. Limitation of liability.
Nothing contained in this chapter shall make a recognizor, obligor, or other party liable for damages beyond the penalty of his or her recognizance, bond, or specialty; or in any manner extend, abridge, or alter the legal operation of any recognizance or other instrument.
Code 1852, §  2580;  Code 1915, §  4511;  Code 1935, §  4963;  10 Del. C. 1953, §  7504;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 75. RECOGNIZANCES AND BONDS › § 7505. Inadequate penalty; priority of claims.

§ 7505. Inadequate penalty; priority of claims.
If the penalty of a recognizance or bond, acknowledged or executed as mentioned in § 7501 of this title, is not adequate to cover all the damages sustained on occasion of the breaches of the condition thereof, and such damages are sustained by several persons, such persons shall stand in priority according to the respective dates of commencing the actions for their uses respectively. A failure to use due diligence in prosecuting any action, shall deprive it of such priority, and postpone it to all the actions pending at the time of such failure, such failure to be determined and certified by the court.
Code 1852, §  2581;  Code 1915, §  4512;  Code 1935, §  4964;  10 Del. C. 1953, §  7505;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 75. RECOGNIZANCES AND BONDS › § 7506. Installment payments, recovery of.

§ 7506. Installment payments, recovery of.
Sections 7501-7505 of this title shall extend to an action upon a bond or specialty in a penal sum with condition for the payment of money or interest of money by installments or on different days, unless such action is commenced after all the sums, whether for principal or interest, which according to such condition can become payable, have become payable. If the action is commenced after all the sums which, according to such condition, can become payable whether for principal or interest, have become payable, or if the action be upon a bond or specialty in a penal sum with condition for the payment of money in a gross sum, judgment for the plaintiff shall be for the penalty and costs of suit, to be discharged upon the payment of the sum justly due, with interest and costs. The sum justly due shall be found by a jury, or by the court if a jury is waived, or otherwise shall be ascertained as may be agreed by the parties, or ordered by the court.
Code 1852, §  2584;  Code 1915, §  4514;  Code 1935, §  4965;  10 Del. C. 1953, §  7506;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 75. RECOGNIZANCES AND BONDS › § 7507. Proceedings to compel entry of satisfaction.

§ 7507. Proceedings to compel entry of satisfaction.
(a) In all cases where recognizances are liens on real estate in this State, and the same have been paid, and the recognizees, or their executors, administrators or assigns, refuse or neglect to enter satisfaction of such recognizance, on the record thereof in the office where the same is recorded or entered, within 60 days after the payment thereof, the recognizors, or their heirs or assigns, may, upon sworn complaint filed in the Court of Chancery of the county in which the recognizance is recorded or entered, setting forth the facts, obtain from the Court a rule upon the recognizees, or their executors, administrators or assigns, returnable at such time as the Court may direct, requiring such recognizees, or their executors, administrators or assigns, to appear on the day fixed by the Court and show cause, if any they have, why such recognizance shall not be marked satisfied on the record thereof.
(b) The rule shall be served in such manner as directed by the Court. In case the recognizees, or their executors, administrators or assigns, reside out of the State, and cannot be served, the rule shall be continued, a copy thereof shall be published by the sheriff in a newspaper of the county, once each week for 4 successive weeks, and upon proof of such advertisement by affidavit of the sheriff, made at the time to which such rule was continued shall be deemed and considered sufficient service of such rule.
(c) Upon the return of the rule, if the Court is satisfied from the evidence produced that such recognizance, together with all interest and costs due thereon, has been satisfied and paid, the rule shall be made absolute and the Court shall order and adjudge that the recognizance shall be satisfied, and shall order and direct the Register in Chancery, in whose office such recognizance is entered, to enter on the record thereof full and complete satisfaction of the recognizance.
29 Del. Laws, c. 259;  Code 1935, §  4966;  10 Del. C. 1953, §  7507;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 75. RECOGNIZANCES AND BONDS › § 7508. Applicability of §§ 7501-7507 to judgments on warrant of attorney.

§ 7508. Applicability of §§ 7501-7507 to judgments on warrant of attorney.
None of the provisions of §§ 7501-7507 of this title shall extend to a warrant of attorney to confess judgment, nor to any action or judgment entered or confessed in pursuance of such warrant of attorney.
Code 1852, §  2585;  Code 1915, §  4515;  Code 1935, §  4967;  10 Del. C. 1953, §  7508;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 75. RECOGNIZANCES AND BONDS › § 7509. Lien on lands of public officer as obligor.

§ 7509. Lien on lands of public officer as obligor.
Every recognizance or obligation acknowledged for a penal sum, with condition for the performance, by an officer, of the duties of the officer's office, or of any public trust, shall, from the caption of such recognizance, or from the time of the acknowledging and approving of such obligation, be a lien upon all the lands and tenements of the officer, being the principal obligor therein, within the county wherein such recognizance or obligation is taken or acknowledged. The recognizance or obligation shall not be a lien upon the lands and tenements of the sureties therein.
Code 1852, §  2586;  Code 1915, §  4516;  Code 1935, §  4968;  10 Del. C. 1953, §  7509;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 75. RECOGNIZANCES AND BONDS › § 7510. Entry of satisfaction.

§ 7510. Entry of satisfaction.
Every person to whom a sum is due by a recognizance taken in the Court of Chancery, receiving satisfaction of the same, shall, within 60 days thereafter, cause such satisfaction to be entered upon the record of such recognizance. Such satisfaction shall be entered by the Register in Chancery upon application of the party or the party's attorney, who must sign the entry.
Code 1852, §  2587;  Code 1915, §  4517;  Code 1935, §  4969;  10 Del. C. 1953, §  7510;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 75. RECOGNIZANCES AND BONDS › § 7511. Default in satisfaction; amount of damages.

§ 7511. Default in satisfaction; amount of damages.
Every person committing a default under § 7510 of this title shall be liable to the recognizor in such recognizance, or the executors or administrators of such recognizor, in damages to be recovered by a civil action. The damages shall not be less than $10, nor more than $50, except when special damages to a larger amount are alleged in the complaint, and proved.
Code 1852, §  2588;  Code 1915, §  4518;  Code 1935, §  4970;  10 Del. C. 1953, §  7511;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 75. RECOGNIZANCES AND BONDS › § 7512. Copy as evidence; production of original.

§ 7512. Copy as evidence; production of original.
(a) If any recognizance or bond, mentioned in § 7501 of this title, shall according to law be recorded or deposited in any public office, a copy of such recognizance or bond, or of the record thereof, duly certified, shall be competent evidence.
(b) Any court, for sufficient cause, may require the production of the original recognizance, bond, or record. The officer having custody thereof shall produce it as required.
Code 1852, §§  2589, 2590;  Code 1915, §  4519;  Code 1935, §  4971;  10 Del. C. 1953, §  7512;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 75. RECOGNIZANCES AND BONDS › § 7513. Written obligation without penalty.

§ 7513. Written obligation without penalty.
An obligation in writing, executed under the hand and seal of the obligor, by which the obligor binds himself or herself to pay a certain sum of money at a designated time, with interest, costs and counsel fees, as provided by law, shall be construed to be a bond, although no penal sum is named therein, and actions and proceedings may be brought thereon and judgments entered for the amount due, including debt, interest, costs and counsel fees, in accordance with the warrant of attorney contained therein.
This section shall not be deemed to invalidate or raise a question concerning the validity of any bond, or obligation in writing, under the hand and seal of the obligor, made prior to April 5, 1923, executed and delivered and not containing the recital of a penal sum.
33 Del. Laws, c. 240, §§  1, 2;  Code 1935, §  4972;  10 Del. C. 1953, §  7513;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 75. RECOGNIZANCES AND BONDS › § 7514. Location of realty of persons signing bonds or recognizances.

§ 7514. Location of realty of persons signing bonds or recognizances.
Where the signature of an owner of realty is required upon any bond or recognizance in any court of this State or before any justice of the peace of this State, it shall not be required that the owner own realty in the county where the court or justice of the peace is located but it shall be regarded as sufficient security if the owner owns realty located anywhere in this State.
10 Del. C. 1953, §  7514;  50 Del. Laws, c. 335, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 76. CIVIL SEXUAL ABUSE LIABILITY REPORT › § 7601. Civil Sexual Abuse Liability Report — Purpose.

§ 7601. Civil Sexual Abuse Liability Report — Purpose.
The purpose of this chapter is to ensure that the public is informed about persons found liable of sexual abuse in this State.
76 Del. Laws, c. 414, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 76. CIVIL SEXUAL ABUSE LIABILITY REPORT › § 7602. Civil Sexual Abuse Report.

§ 7602. Civil Sexual Abuse Report.
Civil Sexual Abuse Liability Report (“the Report”) shall mean a report that each court shall post in a public place in the court house and on the court's web site. The Report shall list all persons found liable for sexual abuse in that court. The Report shall be entitled “Civil Sexual Abuse Report”. The list shall include the name and address of defendant and the offense or cause for which the defendant was found liable and shall be updated within 1 week when a defendant is found eligible or when a defendant has been relieved from eligibility pursuant to §§ 7603 and 7604, respectively, of this title. A defendant found eligible must keep the court apprised of that defendant's current address.
76 Del. Laws, c. 414, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 76. CIVIL SEXUAL ABUSE LIABILITY REPORT › § 7603. Petition and eligibility.

§ 7603. Petition and eligibility.
If a civil complaint is filed alleging sexual abuse and if a verdict of liability is returned by a jury or judge, then the plaintiff or victim of the sexual abuse or that plaintiff's or victim's representative may petition the court to place the defendant on the Civil Sexual Abuse Report. To establish eligibility, the court must determine whether the civil offense for which a verdict of liability was rendered has similar elements to an offense that would require registration pursuant to subchapter III of Chapter 41 of Title 11.
76 Del. Laws, c. 414, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 76. CIVIL SEXUAL ABUSE LIABILITY REPORT › § 7604. Relief.

§ 7604. Relief.
A defendant may petition the court for relief, to be removed from the Report, after 5 years. Such relief may be granted upon a showing of good cause. Such petition shall be notice to all parties of the original suit.
76 Del. Laws, c. 414, §  1;