OF INSOLVENCY. CHAP. 121. CHAP. 187, VOL. 15.

specifications of fraud in such affidavit set forth before a judge, and upon like proceedings, as in the case of an affidavit of fraud filed before the issuing of a capias ad satisfaciendum.

ceedings not to

SEC. 40. No proceeding under this chapter shall in any way im- Insolvent propair the lien of any mortgage, judgment, recognizance, execution, affect liens, &c. nor any other lien, nor the liability of one who, as surety, or joint debtor, or otherwise, shall be liable for a debt, or demand, existing against the person to whom such proceeding relates.

perjury.

SEC. 41. If any person, to whom an oath, or affirmation, shall be False swearing administered under this chapter, shall wilfully and falsely swear, or affirm, in any matter, such person so offending, shall be deemed guilty of the crime of willful and corrupt perjury, and shall also forfeit all benefit under this chapter, and shall not be permitted to plead, or insist upon the same, or to avail himself thereof in any manner whatever.

SEC. 42. In any action against any person for any thing done Evidence under pursuant to this chapter, this chapter, with the matter of justifica- general issue. tion under it, may be given in evidence under the general issue.

CHAPTER 187, VOL. 15, LAWS OF DELAWARE.

AN ACT TO REQUIRE TRUSTEES IN VOLUNTARY ASSIGNMENT FOR
THE BENEFIT OF CREDITORS, TO GIVE BOND WITH SECURITY
FOR THE FAITHFUL EXECUTION OF THE TRUST, AND FOR OTHER
PURPOSES.

assignees under voluntary assign

affidavit to be

Where.

SECTION 1. That in every case in which any person shall make a voluntary assignment Duties of of his or her estate, real or personal, or of any part thereof to any other person or persons in trust for his creditors or some of them, it shall be the duty of the assignee or ments. assignees, within thirty days after the execution thereof, to file in the office of register in chancery of the county in which the real and personal estate of the assignor is situ- Inventory and ate, an inventory or schedule of the estate or effect (s) so assigned, accompanied with filed. an affidavit by such assignees, that the same is a full and complete inventory of all When. such estate and effects, so far as the same has come to their knowledge. SEC. 2. The chancellor shall appoint two disinterested and competent persons to Two appraisers to be appointed appraise the estate so assigned, who shall, after being duly sworn or affirmed by some by the Chancellor person having authority to administer oaths, to perform their duties with fidelity, Oath. forthwith proceed to make an appraisement of the estates and effects assigned, accord- Their duties. ing to the best of their judgment, and having completed the same, shall return the in. Return. ventory and appraisement to the office of 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 Compensation. of the estate of a decedent.

SEC. 3. The assignee or assignees aforesaid, shall, as soon as such inventory and Bond of appraisement shall have been filed, give a bond or bonds with at least two sufficient assignees, sureties, to be approved by the chancellor, in double the amount of the appraised value of the estate so assigned. The bond so to be given, shall be taken in the name Form. of the State of Delaware, and the condition thereof shall be as follows, to wit: The condition of this obligation is such, that if the above bounden

Warrant of attorney. Filed, where.

Proceedings on bond. When.

assignees of

OF INSOLVENCY. CHAP. 121. CHAP. 187, VOL. 15.

shall in all things comply with the provisions of this act, and shall faithfully execute the trust confided to them, then the above obligation to be void, otherwise to remain in full force and virtue. To the said bond there shall be subjoined a warrant of attorney to confess judgment thereon, and the said 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 aforesaid were filed, and shall inure to the use of all persons interested in the property assigned. SEC. 4. Upon the application of any person interested, the chancellor may, at chambers, and as well in vacation as in term, direct said bond to be proceeded on if he deems it necessary and proper for the protection of such interested party or parties.

Assignees to SEC. 5. The assignee or assignees shall render an account of his or their trusteerender annual account to regis. ship, every year from the date of his or their bond, required to be given as aforesaid, ter in chancery. before the register in chancery of the proper county, until the trusteeship be closed and In case of failure, a final account rendered and approved. If he or they fail to perform this duty, the citation issued by register.

Exceptions to

account. When filed.

When heard.

Removal of assignees.

Duties of

assignees under assignments before passage

of this act.

Subject to removal.

register in chancery may issue a citation to such assignee, requiring him to appear and exhibit under oath or affirmation, the accounts of the trusts, within a certain time to be named in such citation. Any person interested, may file exceptions to said accounts within one year from the date of the same, in the office of register in chancery in and for the proper county, to be heard, determined, and adjusted before the chancellor, either in term time, or vacation, as he may order or direct.

SEC. 6. The chancellor, upon cause being shown, may remove such assignee or trustee, and compel an assignment of the trust estate to others appointed in their stead. Any order by the chancellor in the premises, may be enforced by attachment and imprisonment.

SEC. 7. That in voluntary assignment heretofore made, the assignee or trustee shall render accounts of his trusteeship, according to the provisions of this act, and shall be subject to removal by the chancellor upon cause being shown.

Passed at Dover, March 18, 1875.

barred in twenty

SECTION 1. No person shall make an entry into any lands, tene- Right of entry ments, or hereditaments, but within twenty years next after his years. right, or title, to the same, first descended, or accrued.

within twenty years necessary.

SEC. 2. No person shall have, or maintain any writ of right, or Actual seizin action, real, personal, or mixed, for, or make any prescription, or claim, to, or in, any lands, tenements, or hereditaments, of the seizing, or possession of him, his ancestor, or predecessor, and declare, or allege, in any manner whatever, any further seizing of him, his ancestor, or predecessor, but only an actual seizing of him, his ancestor, or predecessor, of the premises sued for, or claimed, within twenty years next before such writ, or action.

ture; insanity;

SEC. 3. If at any time when such right of entry upon, or action Savings. for any lands or tenements shall first accrue, the person entitled to such entry, or action, shall be an infant, or a married woman, in- Infancy; coversane, or imprisoned, such person, or any one claiming from, by, or duress. under him, may make the entry, or bring the action, at any time within ten years after such disability shall be removed, notwith- Ten years. standing the twenty years before limited in that behalf shall have expired.

in case of death

SEC. 4. If the person entitled to an entry, or action, die under Saving survives any of the disabilities aforesaid, any other person claiming from, by, under disability. or under him, shall have the same benefit which the person first entitled would have had, by living until the removal of the disability.

Sheriff's recog

SEC. 1. No action shall be brought upon the official recognizance nizance; admin- of any sheriff, or upon any administration bond, or upon any testamentary bond, against either the principal or sureties, after the expiration of six years from the date of such recognizance or bond.

istration bonds.

Six years.

Guardian bonds.
Three years.

Recognizance in

SEC. 2. No action shall be brought upon any guardian bond, against either the principal or sureties, after the expiration of three years from the determination or ceasing of the guardianship.

SEC. 3. No action shall be brought upon any recognizance taken Orphans' Court, in the Orphans' Court, with condition for the payment of the appraised value or purchase money of lands or tenements, against any surety in such recognizance, or the heirs, terre-tenants, executors, or administrators, of such surety, after the expiration of three years from the time when the value, or money, mentioned in the condition, or the last installment thereof, (when it is payable by installments) is due.

Three years.

Official bonds.

SEC. 4. No action shall be brought upon the official obligation of any state treasurer, secretary of state, county treasurer, treasurer of the poor, coroner, register of wills, recorder of deeds, prothonoChap. 265, vol. 19. tary, clerk of the peace, clerk of the Orphans' Court, [register in chancery], collector, or constable, against either the principal, or sureties, after the expiration of three years from the accruing of the cause of such action.

Three years.

Escheator's bond.

Seven years.

Certain personal actions.

Three years.
Proviso for.

Mutnal accounts.

Promissory notes, &c.

SEC. 5. No action shall be brought upon the official obligation of an escheator, against either the principal, or sureties, after seven years from the expiration of his term of office.

SEC. 6. No action of trespass, no action of replevin, no action of detinue, no action of debt not found upon a record or specialty, no action of account, no action of assumpsit, and no action upon the case shall be brought after the expiration of three years from the accruing of the cause of such action; subject however, to the provisions of the three next following sections.

SEC. 7. In the case of a mutual and running account between parties, the limitation shall not begin to run while such account continues open and current.

SEC. 8. When the cause of action arises from a promissory note, bill of exchange, or an acknowledgment under the hand of the party

LIMITATION OF PERSONAL ACTIONS. CHAPTER 123.

of a subsisting demand, the action may be commenced at any time within six years from the accruing of such cause of action.

Six years.

ejectment.

SEC. 9. When, after a recovery in ejectment, an action is brought Action for mesne for mesne profits, if such action be commenced within six months profits, after after the judgment, or if there be a writ of error, within six months after the affirmance of said judgment, or other determination of the proceeding in error, the said action shall, so far as to avoid the intermediate operation of the sixth section, be deemed a continuation of the proceeding in ejectment; and the plaintiff shall not be debarred from recovering mesne profits for three years next preceding the commencement of the ejectment.

SEC. 10. No action of waste shall be brought after the expiration Action of waste. of three years from the committing of the waste.

Three years.

SEC. 11. No action shall be brought upon any bond given to the Bonds of corpopresident, directors and company of any bank, or to any corpora- rate officers, tion, by any officer of such bank, or corporation, with condition for his good behavior, or for the faithful discharge of the duties of his station, or touching the execution of his office, against either the principal, or sureties, after the expiration of two years from the ac- Two years. cruing of the cause of such action; and no action shall be brought, and no proceedings shall be had upon any such bond, or upon any judgment thereon, against either the principal or sureties, for any cause of action accruing after the expiration of six years from the six years. date of such bond.

be taken every

The directors, or managers, of any bank, or corporation, are au- Such bonds to thorized and enjoined to take from each officer thereof, required by six years. the charter or by-laws to give bond, a new bond as often as may be deemed expedient, but at farthest every six years; and so that the date of the new bond shall not be more than six years posterior to the date of the bond immediately preceding.

SEC. 12. No civil action for a forfeiture upon a penal statute, Penal actions. whether at the suit of the party aggrieved, or of a common informer, or of the State, or otherwise, shall be brought after the expiration of one year from the accruing of the cause of such action.

One year.

Infancy.

SEC. 13. If a person entitled to any action comprehended within savings. either of the foregoing provisions, shall have been, at the time of the accruing of the cause of such action, under disability of infancy, coverture, or incompetency of mind, this chapter shall not be a bar Coverture. to such action during the continuance of such disability, nor until Insanity. the expiration of three years from the removal thereof.

defendant from the State.

SEC. 14. If at the time when a cause of action accrues against Absence of any person, he shall be out of the State, the action may be commenced, within the time herein limited therefor, after such person shall come into the State in such manner that, by reasonable diligence, he may be served with process; and if after a cause of action shall have accrued against any person, he shall depart from and reside out of the State, the time of his absence until he shall have