To be returned if sale not approved. Penalty. Charges to be taxed. SALE OF LANDS BY EXECUTORS AND ADMINISTRATORS. CHAPTER 90. not be made, nor the sale approved, until he shall give bond in the aforesaid court as prescribed in Section 12; and in that case, the court shall have power to discharge the bond of the said executor, or former administrator, upon such terms as may be deemed proper. If the purchase money, arising from any sale as aforesaid, shall be paid to the executor, or administrator, before the sale is approved, it shall be his duty, if such sale be not returned, or shall not be approved, to refund the same without delay; if he omit this duty, it shall be a breach of the condition in Section 12, although he shall have died before the time for returning such sale,-for such death shall not excuse from the strict performance of said duty. SEC. 14. All the charges of any sale under this chapter, whether under the name of commissions or otherwise, shall be taxed by the Chap. 252, vol. 19. Orphans' Court [and paid to the clerk before] approving the sale; and no other charges shall be allowed on account of said sale, or of receiving, or paying, the purchase money, but the account shall be passed before the register, as other accounts. Order of sale though estate insufficient to SEC. 15. The Orphans' Court may, in its discretion, refuse an may be refused, order for sale of real estate, or to approve a sale, if under the circumstances it is considered improper that such sale should be made; although it should sufficiently appear that the personal estate is not sufficient for the payment of the debts, or that said sale was regularly conducted. pay debts. Appeal. Power by will to several to sell land survives, &c. SEC. 16. Any person aggrieved by an order, or decree, of the Orphans' Court made in any proceeding under this chapter, may appeal therefrom to the Superior Court; and no such order, or decree, shall be drawn in question, except upon appeal. SEC. 17. If, by any will, authority be given to several executors, or other persons, to sell real estate, if one or more of them die before the complete execution of said authority, such authority shall survive; and if, by any will, real estate be devised to be sold, and no person be authorized to make said sale, the person, or persons, having the execution of the said will, or the survivors, or survivor, of them, if several, shall have authority to sell said real Chap. 79, vol. 14. estate in execution of said devise [and if by any will authority be given to an executor to sell real estate, and the person so named as executor therein shall die, or be removed, or discharged from his office of executor before the execution of said authority, or shall refuse or neglect to give bond, or renounce, or is incapable, the person or persons having the execution of the said will, or the survivor or survivors of them, if several, shall have authority to sell said real estate in execution of said devise] provided, that nothing in this section, shall contravene any express direction contained in any will. SALE OF LANDS BY EXECUTORS AND ADMINISTRATORS. CHAP. 90. ADDITIONAL ACTS. CHAPTER 469, VOL. 15, LAWS OF DELAWARE. AN ACT TO AMEND CHAPTER 90, OF THE REVISED STATUTES, EN- Court may order SECTION 1. That whensoever, under the provisions of Chapter 90, of the Revised Statutes, entitled "Of the sale of lands by executors and administrators," a part only Sales by execu tors of part of of the real estate of a person who shall have died intestate as to the whole thereof, intestate real shall have been sold for the payment of debts, and in which real estate there is a widow estate to pay debts, in proentitled to dower and who may have waived the assignment of dower by metes and ceeds of which, widow has electbounds, and elected to take, in lieu thereof, an equivalent share of the proceeds of sale, ed to take share and when in pursuance of the provisions of law, in that behalf, the whole of the pur- in lieu of dower. chase money shall have been paid into the Orphans' Court, the said court, upon the petition of the widow and executor or administrator, may, if it shall deem proper, order whole proceeds to be applied to the whole proceeds remaining, after payment of costs, to be paid to such executor or debts; when. administrator, to be applied to the payment of debts, and in such case the widow shall In such case be entitled to have her dower laid off and assigned out of the residue of the real estate dower assigned of said deceased, remaining unsold, as fully and to the same extent as if the said part residue of real had not been sold, and the freeholders who may be appointed to lay off and assign estate. such dower, shall, in the apportionment and assignment thereof, estimate the value of the part so sold, at the sum for which it was sold at the sale thereof, by order of said court. This act shall be deemed to apply to the case of any lands heretofore sold in Application of which the whole purchase money was paid into court, and still remains therein, uninvested, as well as to cases futurely to happen. In the application of this act it shall be no objection that the real estate is situated in several counties. Passed at Dover, March 16, 1877. CHAPTER 159, VOL. 13, LAWS OF DELAWARE. AN ACT REQUIRING THE REGISTERS OF WILLS IN AND FOR THE widow to have out of unsold act. SECTION 1. That the registers of wills, in and for the several counties of this State, Accounts of from and after the passage of this act, shall record in their offices all accounts and set- executors, adtlements of executors, administrators and guardians, as the same shall be passed by guardians to be them. ministrators and recorded. SEC. 2. That the registers aforesaid are hereby directed and empowered to procure Registers to suitable and uniform books, in which they shall record the accounts and settlements procure books. aforesaid; also index books for the same, in which they shall keep a direct and indi rect alphabetical index of all such settlements and accounts. SEC. 3. That the Levy Courts of the several counties of this State shall pay the cost How said books of the aforesaid books of record and index, together with the just and reasonable ex- are to be paid for. penses of the registers in procuring the same. SEC. 4. That the cost of recording and indexing the settlements and accounts afore- Costs of recordsaid, shall be paid out of the funds of the estate to which they relate, as provided in ing; how paid. the next section. SEC. 5, The registers shall receive, for recording and indexing the accounts and Fees. Records to be received as evidence, SALE OF LANDS BY EXECUTORS AND ADMINISTRATORS. CHAP. 90. CHAP. 159, VOL. 13. settlements aforesaid, the following compensation, to wit: Where the whole amount of the estate does not exceed three hundred dollars, one dollar; over three hundred dollars and less than five hundred dollars, two dollars; over five hundred dollars and less than one thousand dollars, three dollars; and for every additional five hundred dollars or fractional part thereof, (in excess of one thousand dollars,) twenty-five cents additional. SEC. 6. That such record of settlements and accounts of executors, administrators and guardians shall be received as evidence in the several Courts of the State of Dela ware. Passed at Dover, February 11, 1867. OF COURTS OF JUSTICE. CHAPTER 91. TITLE FOURTEENTH. OF COURTS OF JUSTICE. CHAPTER 91. General provision. Chap. 525, vol. 16; Chap. 775, vol 19. CHAPTER 93. Of the Court of Oyer and Terminer. CHAPTER 94. Of the Court of General Sessions. Chap. 134, vol. 16; Chap. 254, vol. 19. CHAPTER 95. Of the Court of Chancery. Chap. 216, vol. 17; Chap. 90, vol. 11; CHAPTER 96. Of the Orphans' Court. Chap. 172, vol. 15; Chap. 458, vol. 13; CHAPTER XCI. CHAPTER 472, VOL. 15, LAWS OF DELAWARE. held. SECTION 1. The Superior Court, Court of Chancery, Orphans' Courts; where Court, Court of Oyer and Terminer, and Court of General Sessions of the Peace and Jail Delivery, shall be held in New Castle County, at New Castle;* in Kent County, at Dover; and in Sussex County, at Georgetown; and the Court of Errors and Appeals shall be held at Dover. from necessity. But the judges of the said courts, respectively, may, on account Change of place of the prevalence of malignant sickness, or for other cause, appoint a different place, in the same county, of holding a term of such court, and may make all necessary rules and orders to effect such temporary change, and for the return of process, and the continuance of proceedings. And in case of invasion of the State, or other necessity, any two of the judges of the State shall have power to remove the public records and papers to a place of safety, to be returned as soon as the safety thereof will admit. The officer in whose custody such records are, shall accompany them; and may do the business of his office at the place to which the same are removed. SEC. 2. Superseded by Chapter 216, Vol. 17, page 708 Code. Superseded by Chapter 255, Vol. 19, page 701 Code and Chapter 134, Vol. 16, page 703 Code. Superseded by Chapter 218, Vol. 18, page 700 Code. *NOTE.-See Chap. 133, Vol. 16, wherein the seat of Justice of New Castle county is directed to be removed to Wilmington. Adjournments. Special terms of OF COURTS OF JUSTICE. CHAPTER 91. SEC. 3. The chancellor and judges of the respective courts may, from time to time, adjourn over the terms aforesaid for the purpose of trying causes, or doing other business necessary for expediting and ending suits. SEC. 4. The judges of the Orphans' Court, or either of them in Orphans' Court, the other's absence, may hold special Orphans' Courts as occasion may require. If both the judges be absent, the clerk of said court may open and adjourn the same from day to day. SEC. 5. In the absence of the chancellor, the register of the said Court of Chancery may open and adjourn said court as the chancellor shall direct; or, without such direction, from day to day. SEC. 6. The Superior Court, Court of General Sessions, and Court of Oyer and Terminer, may require the attendance of two constables, as bailiffs, during the term, to be paid by the county, one dollar each per day. Chapter 91, of Revised Statutes as amended, &c., 1874. Amended, March 7, 1877. CHAPTER 525, VOL. 16, LAWS OF DELAWARE. AN ACT IN RELATION TO THE PURCHASE OF LAW BOOKS FOR THE SECTION 1. That the Levy Court of New Castle County is hereby authorized and required to appropriate annually such sum as they may deem expedient not exceeding one hundred and fifty dollars to be expended under the direction of the associate judge for said county for the purchase of law books for the use of the courts of said county. Passed at Dover, April 6, 1881. CHAPTER 775, VOL. 19, LAWS OF DELAWARE. AN ACT IN RELATION TO SPECIAL SESSIONS OF COURTS OF JUSTICE. SECTION I. That the Chancellor of this State may, whenever a majority of the members of the Court of Errors and Appeals shall deem it expedient, call a special session of said court, to meet at Dover, upon such notice as he shall prescribe. Such call shall be in writing, and shall be filed with the clerk of said court and by him entered of record, and a copy thereof shall be thereupon immediately transmitted by the said clerk to each of the judges of said court. At such special session the said court shall have the power to transact any and all business which it might lawfully entertain at any regular session thereof. SEC. 2. That the Chief Justice of this State be and he is hereby authorized to call a special session of the Superior Court in any county whenever a majority of the members of the said court shall deem it expedient, upon such notice as he shall prescribe, Such call shall be in writing, and shall be delivered to the prothonotary of the county in which said special session is called, and shall be by him entered upon the records of said court. A copy thereof shall be thereupon immediately transmitted by the said prothonotary to each of the judges of said court. At such special session the said court |