CHAPTER 151 - CITIES AND TOWNS—BELLEFONTE

AN ACT TO AMEND CHAPTER 143, VOLUME 41, LAWS OF DELAWARE, ENTITLED "AN ACT TO PROVIDE FOR THE COLLECTION OF TAXES AND ASSESSMENTS FOR 'THE COMMISSIONERS OF BELLEFONTE', BY PROVIDING FOR SERVICE BY PUBLICATION IN LIEU OF PERSONAL SERVICE AND BY REPEALING SECTION EIGHT OF SAID ACT.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of each branch thereof concurring therein):

Section 1. That Chapter 143 of Volume 41, Laws of Delaware, be and the same is hereby amended by striking out Section 1 of said Act, and substituting in lieu thereof the following:

Section 1. That in addition to all existing methods and authority for the collection of taxes or special assessments due to "The Commissioners of Bellefonte", the following method and authority is hereby established:

The Commissioners of "The Commissioners of Bellefonte" may file, or cause to be filed, a Praecipe in the office of the Prothonotary of the Superior Court in and for New Castle County, which shall contain the name of the person against whom the taxes or assessments sought to be collected were assessed, and a copy of the bills showing the amount of taxes or assessments due and the property against which the assessment was laid; and the statement of the lot number or numbers of the particular section in which said property is located shall be sufficient identification and description of the said property. The Prothonotary shall make a record of the same on the judgment records of said Superior Court against the property mentioned or described in said Praecipe. Thereafter upon a Praecipe for Monition filed in the office of said Prothonotary by "The Commissioners of Bellefonte" through any person authorized on its behalf to collect taxes or assessments due to "The Commissioners of Bellefonte", a Monition shall be issued by the Prothonotary aforesaid to the Sheriff of New Castle County, which Monition shall briefly state the amount of the judgment for the taxes or assessments due and the years thereof, together with a brief description of the property upon which said taxes or assessments are a lien; and a description of such property by street and number or by lot number or numbers of the particular section in which said property is located shall be a sufficient description. Said Monition shall be in substantially the following form:

To all persons having or claiming to have any title, interest or lien upon the within described premises, take warning that unless the judgment for the taxes or assessment stated herein is paid within twenty days after the date hereof, or within such period of twenty days evidence of the payment of taxes herein claimed shall be filed in the office of the Prothonotary, which evidence shall be in the form of a receipted tax bill or duplicate thereof, bearing date prior to the filing of the lien in the office of the Prothonotary for New Castle County, "The Commissioners of Bellefonte" may proceed to sell the property herein mentioned or described for the purpose of collecting the judgment for the taxes or assessments herein stated.

Name of person Description of Year or Years Amount of

in whose name property judgment

property is assessed

Said Monition, or a copy thereof, shall be posted by the Sheriff upon some prominent place or part of the property against which said judgment for the taxes or assessments is a lien, and an advertisement containing the substance of said Monition shall be inserted once a week for at least two weeks in one newspaper of general circulation in New Castle County. The Sheriff shall make clue and proper return of his proceedings under said Monition to the Prothonotary within ten days after the last advertisement as aforesaid.

Monition as aforesaid shall constitute notice to the owner or owners and all persons having any interest in said property.

At any time after the expiration of twenty days next following the return of the Sheriff upon such Monition, unless before the expiration of said twenty days the said judgment and costs on said judgment shall be paid or evidence of the payment of such taxes evidenced by a receipted tax bill or a duplicate thereof bearing date therefor prior to the filing of said lien for record in the office of the Prothonotary as aforesaid, upon application in writing by "The Commissioners of Bellefonte", through its attorney, or any other person authorized on its behalf to collect taxes or assessments due to "The Commissioners of Bellefonte", a writ of Venditioni Exponas shall issue out of the office of the said Prothonotary directed to the Sheriff commanding the Sheriff to sell the property mentioned or described in said writ and make due return of his proceedings thereunder in the same manner as is now applicable with respect to similar writs of Venditioni Exponas issued out of the said Superior Court.

Said writ shall be substantially in the following form:

New Castle County

SS.

State of Delaware

TO THE SHERIFF ON NEW CASTLE COUNTY,

GREETINGS:

Whereas, by a Monition issued out of the Superior Court dated at Wilmington, the _____ day of _______ A. D. 19__, IT WAS COMMANDED that you should post the said Monition or copy thereof upon the real estate therein mentioned and described, and advertise the substance of said Monition once a week for at least two weeks in one newspaper of general circulation in New Castle County, and make a return to the said Superior Court within ten days after the last advertisement as aforesaid, That on the _______ day of _______ A. D. 19__, you returned that a copy of the said Monition was posted on the real estate therein mentioned and described on the ______ day of _____ A. D. 19__, and that advertisement containing the substance of said Monition was inserted in a newspaper of general circulation in New Castle County, on the _____ day of _____, 19__, and on the _____ day of _____ , 19__

We therefore now command you to expose to public sale the real estate mentioned and described in said Monition as follows:

and that you should cause to be made as well a certain debt of _______ Dollars ($______) lawful money of the United States, which to the said "The Commissioners of Bellefonte", a Municipal corporation of the State of Delaware, is due and owing, as also the sum of _______ Dollars ($ ____) lawful money as aforesaid, for its costs, which it has sustained by the detaining of that debt, whereof the said was convicted as it appears of record and against which said property it is a lien:

And have you that money before the Judges of our Superior Court at Wilmington, on Monday the _____ day of ____ next, to render to the said "The Commissioners of Bellefonte", a municipal corporation as aforesaid, for its debt and costs as aforesaid, and this writ:

WITNESSETH, the Honorable _______ at Wilmington, the ____ day of _____ A. D. 19__,

__________________________

Prothonotary

Section 2. That Chapter 143. of Volume 41, Laws of Delaware, be and the same is hereby amended by striking out Section 8 of said Act.

Approved April 18, 1941.