reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 48. UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › § 4803. Standards for recognition of foreign-country judgment.

§ 4803. Standards for recognition of foreign-country judgment.
(a) Except as otherwise provided in subsections (b) and (c) of this section, a court of this State shall recognize a foreign-country judgment to which this chapter applies.
(b) A court of this State may not recognize a foreign-country judgment if:
(1) The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
(2) The foreign court did not have personal jurisdiction over the defendant; or
(3) The foreign court did not have jurisdiction over the subject matter.
(c) A court of this State need not recognize a foreign-country judgment if:
(1) The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(2) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
(3) The judgment or the cause of action on which the judgment is based is repugnant to the public policy of this State or of the United States;
(4) The judgment conflicts with another final and conclusive judgment;
(5) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
(6) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
(7) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
(8) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
(d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) or (c) of this section exists.
71 Del. Laws, c. 145, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 65, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 48. UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › § 4805. Personal jurisdiction.

§ 4805. Personal jurisdiction.
(a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:
(1) The defendant was served with process personally in the foreign country;
(2) The defendant voluntarily appeared in the proceedings other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over the defendant;
(3) The defendant, prior to the commencement of the proceedings, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(4) The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;
(5) The defendant had a business office in the foreign country and the proceedings in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or
(6) The defendant operated a motor vehicle or airplane in the foreign country and the proceedings involved a cause of action arising out of such operation.
(b) The list of bases for personal jurisdiction in subsection (a) of this section is not exclusive. The courts of this State may recognize bases of personal jurisdiction other than those listed in subsection (a) of this section as sufficient to support a foreign-country judgment.
71 Del. Laws, c. 145, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 65, §§  4-9;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 48. UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › § 4806. Stay of proceedings pending appeal of foreign-country judgment.

§ 4806. Stay of proceedings pending appeal of foreign-country judgment.
If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
71 Del. Laws, c. 145, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 65, §  10;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 48. UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › § 4807. Savings clause.

§ 4807. Savings clause.
This chapter does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this chapter.
71 Del. Laws, c. 145, §  1;  78 Del. Laws, c. 65, §  11;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 48. UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › § 4808. Uniformity of interpretation.

§ 4808. Uniformity of interpretation.
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
71 Del. Laws, c. 145, §  1;  78 Del. Laws, c. 65, §  12;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 48. UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › § 4809. Procedure for recognition of foreign-country judgment.

§ 4809. Procedure for recognition of foreign-country judgment.
(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.
(b) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
78 Del. Laws, c. 65, §  13;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 48. UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › § 4810. Effect of recognition of foreign-country judgment.

§ 4810. Effect of recognition of foreign-country judgment.
If the court in a proceeding under § 4809 of this title finds that the foreign-country judgment is entitled to recognition under this chapter then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:
(1) Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this State would be conclusive; and
(2) Enforceable in the same manner and to the same extent as a judgment rendered in this State.
78 Del. Laws, c. 65, §  13;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 48. UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › § 4811. Statute of limitations.

§ 4811. Statute of limitations.
An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 15 years from the date that the foreign-country judgment became effective in the foreign country.
78 Del. Laws, c. 65, §  13;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 48. UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › § 4812. Effective date.

§ 4812. Effective date.
(a) This chapter takes effect on June 28, 2011.
(b) This chapter applies to all actions commenced on or after June 28, 2011, in which the issue of recognition of a foreign-country judgment is raised.
78 Del. Laws, c. 65, §  13;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter I. Subjects of Execution; Exemptions › § 4901. Real estate.

§ 4901. Real estate.
Lands, tenements and hereditaments and all right of dower and curtesy therein when no sufficient personal estate can be found may be seized and sold upon judgment and execution obtained.
Code 1852, §  2421;  Code 1915, §  4320;  36 Del. Laws, c. 269, §  1;  Code 1935, §  4792;  10 Del. C. 1953, §  4901;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter I. Subjects of Execution; Exemptions › § 4902. Exempt property.

§ 4902. Exempt property.
(a) Every person residing within this State shall have exempt from execution or attachment process, or distress for rent, the following articles of personal property:
The family Bible, school books and family library, family pictures, a seat or pew in any church or place of public worship, a lot in any burial ground, all the wearing apparel of the debtor and the debtor's family.
(b) In addition to the articles specifically named in subsection (a) of this section, each person residing in this State shall have exempt the tools, implements and fixtures necessary for carrying on his or her trade or business, not exceeding in value $75 in New Castle and Sussex Counties, and $50 in Kent County.
(c) All sewing machines owned and used by seamstresses or private families, shall be exempt from levy and sale on execution or attachment process and also from distress and sale for rent. This provision shall not apply to persons who keep sewing machines for sale or hire.
(d) All pianos, piano playing attachments and organs leased or hired by any person residing in this State, shall be exempt from levy and sale on execution or from distress for rent due by such person so leasing or hiring any such piano, piano playing attachment, or organ in addition to other goods and chattels exempt by law. The owner of any such piano, piano playing attachment or organ or such owner's agent, or the person so leasing or hiring the same shall give notice to the landlord or the landlord's agent that the instrument is hired or leased.
14 Del. Laws, c. 562, §  1;  16 Del. Laws, c. 146;  16 Del. Laws, c. 538;  22 Del. Laws, c. 459;  23 Del. Laws, c. 201;  Code 1915, §  4321;  Code 1935, §  4793;  10 Del. C. 1953, §  4902;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter I. Subjects of Execution; Exemptions › § 4903. Head of family exemption.

§ 4903. Head of family exemption.
Every person residing in this State, and being the head of a family, shall have exempt from execution or attachment process, in addition to the exemptions in § 4902 of this title, other personal property not exceeding $500, the articles to be selected by the debtor. The exemptions in this section shall not apply to goods or chattels of a merchantable character bought to be sold and trafficked in by the person in the prosecution of the person's regular business or occupation. No person shall have exempt from execution or attachment process any personal property, excepting that which is expressly exempted by § 4902 of this title when such exemption would prevent the collection according to law of any debt or claim that may be due or growing due for labor or services (other than professional services) rendered by any clerk, mechanic, laborer, or other employee of any person or persons against whom such execution or attachment process may be issued.
14 Del. Laws, c. 562, §  2;  16 Del. Laws, c. 146, §§  2, 3;  19 Del. Laws, c. 779;  Code 1915, §  4322;  Code 1935, §  4794;  10 Del. C. 1953, §  4903;  65 Del. Laws, c. 35, §§  1, 2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter I. Subjects of Execution; Exemptions › § 4904. Claim of exemption by spouses.

§ 4904. Claim of exemption by spouses.
All exemptions of property from judgment lien, execution or forced sale allowed by law to the head of the family may be claimed by both spouses jointly, or by either with the written consent of the other, or half of the exemptions may be claimed by each spouse; but in no case shall both spouses be entitled each to all exemptions allowed by law to the head of a family.
33 Del. Laws, c. 238, §  1;  Code 1935, §  4795;  10 Del. C. 1953, §  4904;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter I. Subjects of Execution; Exemptions › § 4905. Evaluation of exempt property; selection of freeholders.

§ 4905. Evaluation of exempt property; selection of freeholders.
(a) The property exempt and required to be valued by the provisions of §§ 4902 and 4903 of this title shall be valued by 3 judicious and impartial freeholders. One of the freeholders shall be chosen by the creditor having the oldest execution in the hands of the officer holding the writ, 1 other of the freeholders shall be chosen by the debtor, and the other of the freeholders shall be chosen by the officer.
(b) In case the creditor and debtor, or either of them, neglects or refuses to name a freeholder, the officer shall choose for the person neglecting or refusing, and shall give notice to the freeholders thus chosen, in writing, under his or her hand, fixing the time and place in the notice they will be required to meet.
14 Del. Laws, c. 562, §  3;  Code 1915, §  4323;  Code 1935, §  4796;  10 Del. C. 1953, §  4905;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter I. Subjects of Execution; Exemptions › § 4906. Procedure of freeholders.

§ 4906. Procedure of freeholders.
The freeholders shall, upon the receipt of the notice and the tender of the fee named in this subchapter for services in making the valuation, to meet at the time and place mentioned in the notice, and before proceeding to make the valuation of property exempt under §§ 4902 and 4903 of this title and requiring a valuation thereof, shall take the following oath or affirmation, to wit:
________________
“I do solemnly swear, or affirm, as the case may be, that I will appraise the property of A. B., exempt from execution or attachment process under and by virtue of the laws of this State, at its true value in money, and that I will true schedule make to the best of my knowledge and understanding.”
________________
They shall then proceed to value the property designated and set apart by the debtor, and to make 2 schedules, distinctly stating the respective articles and their value thereof, with a certificate certifying that the articles mentioned in the schedule have been appraised at their true value in money, and were designated and set apart by the debtor and claimed by the debtor as exempt from execution or attachment process. Such certificate shall be signed by the freeholders or a majority of them. The articles mentioned by name in § 4902 of this title shall not be valued or included in the schedule.
14 Del. Laws, c. 562, §  4;  Code 1915, §  4324;  Code 1935, §  4797;  10 Del. C. 1953, §  4906;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter I. Subjects of Execution; Exemptions › § 4907. Fees.

§ 4907. Fees.
The fees for the service of the freeholders, in making the valuation required by this chapter, shall be the same as are allowed by law to referees before justices of the peace, and the fees to the officer serving the notices shall be the same as are allowed by law for summoning referees before justices of the peace, and shall form a part of the costs of the case upon which the officer is proceeding to make the sale.
14 Del. Laws, c. 562, §  6;  Code 1915, §  4326;  Code 1935, §  4799;  10 Del. C. 1953, §  4907;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter I. Subjects of Execution; Exemptions › § 4908. Authority to administer oaths.

§ 4908. Authority to administer oaths.
The officer making the sale, and serving the notices required, shall administer the oath required by this subchapter.
14 Del. Laws, c. 562, §  7;  Code 1915, §  4327;  Code 1935, §  4800;  10 Del. C. 1953, §  4908;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter I. Subjects of Execution; Exemptions › § 4909. Neglect of duty by freeholders; penalty.

§ 4909. Neglect of duty by freeholders; penalty.
Whoever, being a freeholder, neglects or refuses to perform the duties required by this subchapter, shall be fined not more than $5.00.
14 Del. Laws, c. 562, §  5;  Code 1915, §  4325;  Code 1935, §  4798;  10 Del. C. 1953, §  4909;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter I. Subjects of Execution; Exemptions › § 4910. Taxation or sale for taxes.

§ 4910. Taxation or sale for taxes.
Nothing contained in this subchapter shall be construed as exempting any personal property from taxation, or sale for taxes, under the laws of this State.
14 Del. Laws, c. 562, §  8;  Code 1915, §  4328;  Code 1935, §  4801;  10 Del. C. 1953, §  4910;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter I. Subjects of Execution; Exemptions › § 4911. Prohibition against levying upon goods in storage warehouse; violation and penalty.

§ 4911. Prohibition against levying upon goods in storage warehouse; violation and penalty.
(a) No constable in the State shall levy upon or sell or offer to sell or to remove, by virtue of any writ or upon any claim or demand whatsoever, any goods and chattels when such goods and chattels have been placed in, and continue to be in, any storage warehouse. No such goods and chattels, so placed, shall hereafter be seized upon or sold, except by the sheriff of the county in which such goods and chattels are located, after such advertisement and under like conditions as are required by law in the case of goods and chattels seized and sold by the sheriff under execution process.
(b) For purposes of this section, a “storage warehouse” is defined as any facility designed for the commercial storage of goods or a self-service storage facility consisting of real property designed and used for the purposes of renting and leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property.
38 Del. Laws, c. 79, §§  1, 2;  Code 1935, §  4802;  10 Del. C. 1953, §  4911;  79 Del. Laws, c. 281, §  1;  82 Del. Laws, c. 204, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter I. Subjects of Execution; Exemptions › § 4912. Waiver of exemptions.

§ 4912. Waiver of exemptions.
Any husband and wife jointly may make any waiver of any of the provisions of §§ 4902-4911 of this title.
14 Del. Laws, c. 562, §  9;  Code 1915, §  4330;  Code 1935, §  4803;  10 Del. C. 1953, §  4912;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter I. Subjects of Execution; Exemptions › § 4913. Exemption and attachment of wages.

§ 4913. Exemption and attachment of wages.
(a) Eighty-five percent of the amount of the wages for labor or service of any person residing within the State shall be exempt from mesne attachment process and execution attachment process under the laws of this State; but such limitation shall be inapplicable to process issued for the collection of a fine or costs or taxes due and owing the State.
(b) On any amount of wages due, only 1 attachment may be made. Any creditor causing such attachment to be made shall have the benefit of priority until the judgment with costs for which the attachment was made has been paid in full.
(c) Wages shall include salaries, commissions and every other form of remuneration paid to an employee by an employer for labor or services, but shall not include payment made for services rendered by a person who is self-employed.
Code 1915, §  4331A;  40 Del. Laws, c. 244;  Code 1935, §  4804;  41 Del. Laws, c. 211;  48 Del. Laws, c. 263, §  1;  10 Del. C. 1953, §  4913;  49 Del. Laws, c. 237;  54 Del. Laws, c. 226;  57 Del. Laws, c. 508, §  3;  59 Del. Laws, c. 352, §  1;  60 Del. Laws, c. 618, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter I. Subjects of Execution; Exemptions › § 4916. Exemption of qualified tuition programs and qualified ABLE programs.

§ 4916. Exemption of qualified tuition programs and qualified ABLE programs.
(a) In addition to the exemptions provided in §§ 4902 and 4903 of this title, there shall be exempt from execution or attachment process assets held in and proceeds payable under or from any account established under a Qualified Tuition Program under § 529 of the Internal Revenue Code of 1986 (26 U.S.C. § 529), as amended (a “Tuition Account”) and any account established under § 529A of the Internal Revenue Code of 1986 (26 U.S.C. § 529A) (an “ABLE Account”). This exemption shall only apply to such amount as does not exceed the total contributions permitted under § 529(b)(6) of the Internal Revenue Code of 1986 (26 U.S.C. § 529(b)(6)) with respect to any Tuition Account or under § 529A(b)(6) of the Internal Revenue Code of 1986 (26 U.S.C. § 529A(b)(6)) with respect to any ABLE Account.
(b) This section shall not exempt from execution or attachment assets contributed by a debtor to any Tuition Account or ABLE Account within 365 days to the extent that such assets contributed within said 365 days exceed the greater of:
(1) $5,000; or
(2) The average annual contribution made by such debtor to such Tuition Account or ABLE Account for the 2 calendar years preceding the date of the filing of such execution or attachment or the filing of such petition.
(c) This section shall not exempt from execution or attachment any judgment obtained under Chapter 5 of Title 13 or § 554 of Title 30. If any portion of this section is held invalid or is preempted by federal law, in whole or in part, the remaining portions shall remain in effect to the maximum extent permitted by law.
(d) In the case of a Tuition Account or ABLE Account owned by a trust, nothing in this section may be construed to limit the protections afforded to trusts by § 3536 of Title 12.
73 Del. Laws, c. 169, §  1;  76 Del. Laws, c. 149, §  8;  80 Del. Laws, c. 34, §  2;  81 Del. Laws, c. 79, § 6;  81 Del. Laws, c. 320, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter II. Preferences › § 4931. Wages in New Castle County; limitation; notice of claim; other liens.

§ 4931. Wages in New Castle County; limitation; notice of claim; other liens.
(a) In New Castle County all debts or claims that may become due or growing due for labor or services rendered by any mechanic, laborer, clerk or other employee of any person or persons, chartered company or association employing laborers, clerks or mechanics in any manner whatsoever, shall be a first lien on all the real and personal property of such employer or employers, and shall be the first to be satisfied out of the proceeds of the sale of such property, whether made by an officer or an assignee of such employer or employers or otherwise. The debt or claim, so secured to the mechanic, laborer, clerk or other employee, shall not exceed a sum equal to the wages of such mechanic, laborer, clerk, or other employee for 1 month. In no event shall such debt or claim exceed the sum of $50, though the wages for 1 month may be a greater sum. Notice of such claim or debt shall be given to the sheriff, constable, assignee, or other person who shall make or conduct the sale of property subject to the lien or preference hereby provided for.
(b) No lien of a judgment, recognizance, or mortgage shall operate to impair or postpone the lien or preference given and secured to debts or claims mentioned in subsection (a) of this section.
16 Del. Laws, c. 147, §§  1, 3;  Code 1915, §§  4332, 4334;  Code 1935, §§  4805, 4807;  10 Del. C. 1953, §  4931;  84 Del. Laws, c. 117, § 6;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter II. Preferences › § 4932. Wage claims as lien on real estate.

§ 4932. Wage claims as lien on real estate.
No claim or debt for work, labor, or clerk hire as prescribed in § 4931(a) of this title, shall be a lien upon any real estate unless a copy of such claim or debt is filed in the prothonotary's office of the county in which such real estate is situated, within 1 month after it has become due and owing, or is growing due and owing. Any person presenting a copy of such claim or debt to be filed in the prothonotary's office shall accompany it with an affidavit stating that such debt or claim is just and true. The fee to the prothonotary for such service shall be 50 cents.
16 Del. Laws, c. 147, §  2;  Code 1915, §  4333;  Code 1935, §  4806;  10 Del. C. 1953, §  4932;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter II. Preferences › § 4933. False wage claim; penalty.

§ 4933. False wage claim; penalty.
Whoever makes an affidavit to any debt or claim mentioned in § 4931(a) of this title which is untrue, shall be fined $50.
16 Del. Laws, c. 147, §  5;  Code 1915, §  4336;  Code 1935, §  4809;  10 Del. C. 1953, §  4933;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter II. Preferences › § 4934. Wage claims by minors.

§ 4934. Wage claims by minors.
The parent, guardian, or next friend of any minors, who render such service as is mentioned in § 4931(a) of this title, may proceed under this chapter to secure the debt or claim arising from the service or labor rendered by such minor.
16 Del. Laws, c. 147, §  6;  Code 1915, §  4337;  Code 1935, §  4810;  10 Del. C. 1953, §  4934;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter II. Preferences › § 4935. Employees of insolvent corporation.

§ 4935. Employees of insolvent corporation.
Employees of insolvent corporations shall have a lien for, and a preference in the payment of, wages due them from such corporation, not exceeding wages for 2 months, as provided in § 300 of Title 8.
Code 1915, §  4338;  Code 1935, §  4811;  10 Del. C. 1953, §  4935;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter II. Preferences › § 4936. Medical and funeral expenses.

§ 4936. Medical and funeral expenses.
Whenever any sheriff or constable, by virtue of any execution process, supersedes an executor or administrator, and sells the goods and chattels of any deceased person, on whose estate there have been letters testamentary or of administration granted, he or she shall, out of the proceeds of the sale, and before applying any part thereof towards satisfying any execution, pay, first, funeral expenses of the deceased; second, the reasonable bills for medicine and medical attendance during last sickness of the deceased, and for nursing and necessaries for the last sickness of the deceased.
15 Del. Laws, c. 186, §  1;  Code 1915, §  4339;  Code 1935, §  4812;  10 Del. C. 1953, §  4936;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter II. Preferences › § 4937. Payment of medical and funeral expenses by sheriff.

§ 4937. Payment of medical and funeral expenses by sheriff.
In case there has been no administration or letters testamentary granted on the estate of the deceased, any sheriff or constable selling the deceased person's goods by virtue of any execution process, shall, before applying any proceeds of the sale towards satisfying any execution, pay in the order in which they stand, the bills mentioned in § 4936 of this title.
15 Del. Laws, c. 186, §  2;  Code 1915, §  4340;  Code 1935, §  4813;  10 Del. C. 1953, §  4937;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter III. Venditioni Exponas › § 4951. Issuance.

§ 4951. Issuance.
A writ of venditioni exponas for the sale of any goods and chattels, lands and tenements, taken in execution by virtue of a writ of fieri facias, may be issued and directed either to the sheriff in office, or the sheriff's immediate predecessor (he or she having seized and taken in execution such goods and chattels, lands and tenements) at the election of the plaintiff in the execution; and all proceedings had, by virtue thereof, shall be valid in law.
Code 1852, §  2440;  Code 1915, §  4356;  Code 1935, §  4814;  10 Del. C. 1953, §  4951;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter III. Venditioni Exponas › § 4952. Failure or neglect in execution; penalty.

§ 4952. Failure or neglect in execution; penalty.
The person to whom such writ of venditioni exponas may be directed, shall, for neglect, or failure, in the execution thereof, or in making return thereon, be subject to all such rules of court, suits, fines, and other process and proceedings, except that the sheriff shall not be subject to suit or liable for damages.
Code 1852, §  2441;  Code 1915, §  4357;  Code 1935, §  4815;  10 Del. C. 1953, §  4952;  82 Del. Laws, c. 204, § 2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter IV. Levari Facias › § 4961. Procedure for public sale.

§ 4961. Procedure for public sale.
By a writ of levari facias, the sheriff, or other officer, to whom the same is directed to be executed, may seize and sell, at public sale, unimproved lands, and lands yielding no yearly profit, with, or without a writ of venditioni exponas; subject to the same provisions respecting notice of sale, application of the proceeds thereof, the execution of a deed to the purchaser, the issuing of a liberari facias for the delivery of lands which cannot be sold, and the title under such sale, or delivery, as are contained in this chapter for the sale of lands under execution process in other cases.
Code 1852, §  2442;  Code 1915, §  4358;  Code 1935, §  4816;  10 Del. C. 1953, §  4961;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter V. Sale Under Execution › § 4971. Time of sale of goods and chattels.

§ 4971. Time of sale of goods and chattels.
Goods and chattels, taken in execution by a sheriff shall not be sold until the expiration of 30 days after the levy thereon and notice thereof to the defendant, unless the court, issuing the execution, shall, upon application of the plaintiff, or of the officer holding the execution, and on its being shown that the goods and chattels are of a perishable nature, or will create a charge by keeping, order the same to be sold sooner. Such order shall direct reasonable notice of the sale, according to the circumstances.
Code 1852, §  2443;  Code 1915, §  4359;  Code 1935, §  4817;  10 Del. C. 1953, §  4971;  84 Del. Laws, c. 117, § 7;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter V. Sale Under Execution › § 4972. Notice of public sale of goods and chattels.

§ 4972. Notice of public sale of goods and chattels.
Public notice of the sale of goods and chattels by a sheriff under execution process, and of the day, hour, and place thereof, shall be given by advertisements posted, at least 10 days before the day of sale, in 5, or more, public and suitable places in the county, 2 of which, at least, shall be in the hundred of the defendant's residence, if the defendant resides in the county. One such advertisement shall, 10 days at least before the day of sale, be delivered to the defendant, and 1 to each plaintiff in the execution, and also to each plaintiff in any other execution, or executions, at the time in the hands of the sheriff or shall be left at the usual place of abode of such defendant and plaintiffs respectively, if there be such place of abode within the county. If any plaintiff in any such execution resides out of the county, such advertisement shall be delivered to the attorney of such plaintiff, if there is an attorney of record, and 1 such advertisement shall be transmitted to such plaintiff by mail, being enclosed and addressed to the plaintiff at the post office nearest the plaintiff's place of abode. Advertisement shall also, at least 10 days before the day of sale, be delivered to the defendant's landlord, or the landlord's agent, if there is such residing in the county. This section and § 4971 of this title do not apply to execution process issued by justices of the peace or the Court of Common Pleas.
Code 1852, §  2444;  Code 1915, §  4360;  Code 1935, §  4818;  10 Del. C. 1953, §  4972;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 117, § 8;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter V. Sale Under Execution › § 4973. Notice of public sale of real estate.

§ 4973. Notice of public sale of real estate.
(a) Public notice of the sale of lands and tenements under execution process, shall be given by advertisements posted, at least 10 days before the day of sale, in 10 of the most public places of the county where the premises are situated, setting forth the day, hour and place of sale, and what lands and tenements are to be sold, and where they lie. One of the advertisements shall be posted in the hundred in which the premises are located, and 1, at least, in each of the hundreds which immediately adjoin the hundred. A like advertisement shall be delivered at least 10 days before the day of sale to the defendant, or left at the defendant's usual place of abode, if the defendant has a known place of abode in the county; if the defendant does not reside in the county, notice shall be served on the tenant, or if there is no tenant, shall be left at the mansion house or other public place on the premises. Section 4972 of this title respecting the delivery of an advertisement of the sale of goods and chattels under execution process, to each plaintiff in the execution, and also to each plaintiff in any other execution or executions, at the time in the hands of the sheriff, shall be in all respects applicable to the case of the sale of lands and tenements under execution process. Notice of such sale shall also be advertised for 2 weeks previous to the time of the sale in:
(1) A newspaper of general circulation published in the county wherein the property is situated; and
(2) A newspaper of general or limited circulation published nearest to the place where the property is situated.
Both newspapers are to be selected by the sheriff. Not more than 3 insertions per week shall be made in any 1 newspaper. If there is only 1 newspaper published in the county at the time, the sheriff may select a newspaper in 1 of the other counties, and if there is no newspaper in the county the sheriff may select 2 in the other counties. The publishers of the newspapers shall not be paid for such advertising a higher rate than their ordinary charges for transient advertisements.
(b) In advertisements of notice of sale of real estate in newspapers, by the sheriff of any county in this State, under execution process, it shall be sufficient if the property to be sold is described therein in such manner that it may be readily identified. It shall not be necessary to describe the property by metes and bounds, or courses and distances. Nor shall it be necessary in any case to follow the description of the property in the writ of execution under which it is sold.
Code 1852, §§  2445-2447;  15 Del. Laws, c. 478;  16 Del. Laws, c. 143;  18 Del. Laws, c. 680;  Code 1915, §  4361;  Code 1935, §  4819;  10 Del. C. 1953, §  4973;  57 Del. Laws, c. 142;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 117, § 9;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter V. Sale Under Execution › § 4974. Place for public sale of real estate.

§ 4974. Place for public sale of real estate.
(a) As used in this section, “public building” and “public property” mean a building or property that is open to members of the public who wish to attend a sheriff's sale. “Public building” or “public property” includes a building or property not owned by the government or a governmental entity.
(b) All sales of real estate, made by a sheriff by virtue of execution process, shall be made at any 1 of the following locations:
(1) On the premises to be sold.
(2) At the courthouse for the county in which the premises are situated.
(3) At the Sheriff's Office or the building in which the Sheriff's Office is located.
(4) At any public building or outdoors on any public property located in the county where the premises are situated.
(c) Unless otherwise directed by court order, the sheriff conducting a sale retains exclusive authority to determine the location and means for the sale of real property by virtue of execution as permitted by subsection (b) of this section.
Code 1852, §  2448;  16 Del. Laws, c. 540;  17 Del. Laws, c. 622;  Code 1915, §  4362;  Code 1935, §  4820;  10 Del. C. 1953, §  4974;  58 Del. Laws, c. 11;  72 Del. Laws, c. 194, §  1;  73 Del. Laws, c. 437, §  1;  78 Del. Laws, c. 71, §  1;  83 Del. Laws, c. 174, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter V. Sale Under Execution › § 4975. Officer conducting sale as barred from purchasing.

§ 4975. Officer conducting sale as barred from purchasing.
A sheriff, constable, or other person making sale of goods and chattels by virtue of any process, or order, shall not either directly, or by the agency of another, purchase any of such goods or chattels. Any person offending against this section, shall forfeit and pay double the value of the goods, or chattels, so purchased, to be recovered as debts of like amount are recoverable, one half for the use of the State, and the other half for the use of the person suing.
Code 1852, §  2449;  Code 1915, §  4363;  Code 1935, §  4821;  10 Del. C. 1953, §  4975;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter V. Sale Under Execution › § 4976. Deed of sheriff's sale.

§ 4976. Deed of sheriff's sale.
Upon confirmation by the court of any sale of lands and tenements, made by virtue of execution process, the sheriff, or officer making the sale, shall execute, acknowledge and deliver to the purchaser a good and sufficient deed for the premises so sold.
Code 1852, §  2450;  Code 1915, §  4364;  Code 1935, §  4822;  10 Del. C. 1953, §  4976;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter V. Sale Under Execution › § 4977. Grantee's title.

§ 4977. Grantee's title.
The grantee in any deed, executed under § 4976 of this title, shall hold the premises therein conveyed, with all their appurtenances, as fully and amply, and for such estate and estates, and under such rents and services, as the person or persons, for whose debt, or duty, the property is sold, might, or could, do at or before the taking thereof in execution.
Code 1852, §  2451;  Code 1915, §  4365;  Code 1935, §  4823;  10 Del. C. 1953, §  4977;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter V. Sale Under Execution › § 4978. Rent; time of entitlement; apportionment; proceedings.

§ 4978. Rent; time of entitlement; apportionment; proceedings.
(a) In any case of sale, the purchaser shall be entitled to rent for the premises sold from the day of sale. If such premises are in possession of a tenant under rent, such rent shall be apportioned, according to the time; the proportion for the time the rent has been growing due to the day of sale, being payable to the lessor or the lessor's assigns, and the residue to the purchaser. Each party shall have remedy by distress, or action, for such party's just proportion.
(b) A purchaser may recover his or her proportion of rent, although such rent is reserved by deed (as well as rent from the day of sale, in case no rent has been reserved) by a civil action for use and occupation.
(c) In any action, or proceeding, for such rent, any fair defense, which would have availed against the person as whose property the premises were sold, shall avail against the purchaser. If a rent reserved is not a fair rent for the premises, and the lease, or contract, is posterior to the order, or to the date of the judgment, in execution, or by virtue whereof the sale is made, the purchaser shall not be limited by the rent reserved, but may demand and recover a fair rent. If the crop is sold separately from the soil, the demand of the purchaser shall proportionally abate.
Code 1852, §§  2452-2454;  Code 1915, §  4366;  Code 1935, §  4824;  10 Del. C. 1953, §  4978;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter V. Sale Under Execution › § 4979. Petition for deed.

§ 4979. Petition for deed.
If a sale is made of lands and tenements by order of the Court of Chancery, or by virtue of an execution, and the officer making such sale, or the purchaser, is dead, or if such officer is out of office, and the purchase money is paid, without a deed being made pursuant to such sale, the purchaser, or other person having right under the purchaser by descent, devise, assignment, or otherwise, may prefer to the Superior Court, or Court of Chancery, at any term of such courts respectively, in the county wherein the premises are situate, a petition representing the facts, and praying for an order authorizing and requiring the sheriff, or if there is legal exception to the sheriff, a local law-enforcement officer for the time being, to execute and acknowledge a deed conveying to the petitioner the premises so sold, or a just proportion thereof. Thereupon the Court may make an order touching the conveyance of the premises according to justice and equity.
Code 1852, §  2455;  Code 1915, §  4367;  Code 1935, §  4825;  10 Del. C. 1953, §  4979;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 117, § 10;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter V. Sale Under Execution › § 4980. Deed executed after petition; effect on title.

§ 4980. Deed executed after petition; effect on title.
A deed, executed pursuant to an order made under § 4979 of this title, shall pass to the grantee therein all the title and estate to and in the premises therein conveyed, which, in pursuance of the sale, and of the execution, or order by virtue whereof such sale was made, can, or ought to be passed. If the person, to whom such deed is executed, is not entitled to the same, according to justice and equity, or if a greater estate is conveyed to the grantee than the grantee is justly entitled to, such deed, or order, shall not prejudice any person having right; but such deed may be decreed to be upon trust, or any person, having right, may be otherwise relieved according to equity and good conscience.
Code 1852, §  2456;  Code 1915, §  4368;  Code 1935, §  4826;  10 Del. C. 1953, §  4980;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter V. Sale Under Execution › § 4981. Recordation of petition and order; evidentiary value.

§ 4981. Recordation of petition and order; evidentiary value.
An order made upon a petition, being duly certified, the petition and order shall be recorded in the office of the recorder of deeds for the county wherein the premises are situate; and such record, or a certified copy thereof, shall be competent evidence of such petition and order.
Code 1852, §  2457;  Code 1915, §  4369;  Code 1935, §  4827;  10 Del. C. 1953, §  4981;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter V. Sale Under Execution › § 4982. Deed after execution by sheriff's predecessor.

§ 4982. Deed after execution by sheriff's predecessor.
A deed for lands and tenements, sold by virtue of a writ of venditioni exponas, directed to the predecessor of the sheriff at the time in office, such predecessor having seized and taken in execution such lands and tenements, shall be valid in law, without petition to, or order of, any court for making such deed.
Code 1852, §  2458;  Code 1915, §  4370;  Code 1935, §  4828;  10 Del. C. 1953, §  4982;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter V. Sale Under Execution › § 4983. Deed by sheriff after expiration of term.

§ 4983. Deed by sheriff after expiration of term.
Whenever an execution for sale of lands and tenements shall be directed and delivered to a sheriff in office, whose term expires before the confirmation of the sale made under and by virtue of the execution, or whose term expires after confirmation of the sale, but before the execution and acknowledgment of the deed to be made in pursuance thereof, then and in either case the sheriff making the sale may as late sheriff make, execute and acknowledge a deed for the lands and tenements so sold to the purchaser thereof in pursuance of the confirmation, and the deed so made, executed and acknowledged by the sheriff as late sheriff shall be good and valid in law. Such deed shall be made, executed and acknowledged by the sheriff within 2 years from the date of the confirmation of the sale.
17 Del. Laws, c. 617, §  1;  19 Del. Laws, c. 247, §  1;  Code 1915, §  4371;  Code 1935, §  4829;  10 Del. C. 1953, §  4983;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter V. Sale Under Execution › § 4984. Deed by sheriff appointed to fill vacancy.

§ 4984. Deed by sheriff appointed to fill vacancy.
Whenever an execution for sale of lands and tenements is directed and delivered to a sheriff in office who dies before the confirmation of the sale made under and by virtue of the execution, or who dies after confirmation of the sale but before the execution and acknowledgment of the deed to be made in pursuance thereof, then and in either case the sheriff appointed to fill the vacancy may make, execute and acknowledge a deed for the lands and tenements so sold to the purchaser thereof in pursuance of the confirmation, and the deed so made, executed and acknowledged by that sheriff shall be good and valid in law.
17 Del. Laws, c. 617, §  1;  19 Del. Laws, c. 247, §  1;  19 Del. Laws, c. 771, §  1;  Code 1915, §  4372;  Code 1935, §  4830;  10 Del. C. 1953, §  4984;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter V. Sale Under Execution › § 4985. Discharge of liens upon execution sale; exceptions.

§ 4985. Discharge of liens upon execution sale; exceptions.
Real estate sold by virtue of execution process shall be discharged from all liens thereon against the defendant, or against one or more of the defendants, if there is more than one, whose property such real estate is, except such liens as have been created by mortgage or mortgages prior to any general liens; and with respect to such, the sale shall be a discharge to the extent to which the proceeds thereof may be legally applicable to a judgment or judgments obtained for the debt, to secure the payment of which the mortgage or mortgages respectively, if there is more than one, appear to have been given, and the real estate shall also be discharged from all right of dower and curtesy therein of any defendant in the execution.
14 Del. Laws, c. 94, §  1;  Code 1915, §  4373;  36 Del. Laws, c. 269, §  2;  Code 1935, §  4831;  10 Del. C. 1953, §  4985;