Delaware General Assembly

CHAPTER 259.

RECOGNIZANCES AND BONDS AND PROCEEDINGS THEREON.

AN ACT providing for the satisfaction of recognizances, where the recognizees or their executors, administrators or assigns, refuse or neglect to enter such satisfaction within sixty days after said recognizance has been paid.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. 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, shall refuse or neglect to enter satisfaction of such Recognizance, on the record thereof in the office where the same is recorded or entered, within sixty days after the payment thereof, the Recognizors, or their Heirs or Assigns, may, upon sworn petition filed in the Court of Chancery of the County in which said Recognizance is recorded or entered, setting forth the facts, obtain from said Court a rule upon said Recognizees, or their Executors, Administrators or Assigns, returnable at such time as the said Court may direct, requiring such Recognizees, or their Executors, Administrators or Assigns, to appear on the day fixed by said Court and show cause, if any they have, why such Recognizance shall not be marked satisfied on the record thereof. Such rule shall be served in such manner as directed by the Chancellor. 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 four 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. Upon the return of said rule, if the Chancellor shall be satisfied from the evidence produced that such recognizance, together with all interest and costs, due thereon, has been satisfied and paid, said rule shall be made absolute and the Chancellor shall order and decree that said 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 thereof.

Approved April 20, A. D. 1917.