CHAPTER 230 - CONVEYANCES RELATING TO EXECUTION OF DEED BY MARRIED WOMAN

AN ACT TO AMEND CHAPTER 92 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO CONVEYANCES;

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

Section 1. That Section 4 of said Chapter 92 of the Revised Code of Delaware, 1935, as amended, being Code Section 3661 Sec. 4 thereof, be and the same is hereby amended by striking out the first paragraph of said 3661 Sec. 4 thereof and substituting in lieu thereof the following paragraph:

3661 Sec. 4. The deed of a married woman, executed by her during her coverture, concerning lands or tenements, shall be valid and effectual as if she were sole, if she shall acknowledge that she executed said deed; but such deed shall not bind her to any warranty except a special warranty against herself and her heirs, and all persons claiming by or under her; and no covenant on her part, of a more extensive or different effect in such deed, shall be valid against her; nor shall such conveyances by her divest, abrogate, or in any manner interfere with, the husband's estate by the curtesy should such estate attach. Such acknowledgment may be taken in any County before the Chancellor, or any Judge, a Notary Public, or two Justices of the Peace for the same County.

Section 2. That Section 10 of said Chapter 92 of the Revised Code of Delaware, 1935, being Code Section 3667 Sec. 10. thereof, be and the same is hereby amended by striking out all of 3667 Sec. 10 and substituting in lieu thereof the following to be known as 3667 Sec. 10.:

3667 Sec. 10. It shall not be necessary that the acknowledgment, or proof, of a deed be taken in the County wherein the premises are situate.

Section 3. That Section 11 of Chapter 92 of the Revised Code of Delaware, being Code Section 3668, be and the same is hereby amended by striking out all of 3668 Sec. 11 thereof and substituting in lieu thereof the following paragraph to be known as 3668 Sec. 11.:

3668. Sec. 11. Such acknowledgment or proof as aforesaid, shall be certified under the hand and seal of office of the clerk, or prothonotary, of the Court in which, or under the hand of the Chancellor, Judge, Notary Public or Justices of the Peace, before whom the same is taken, in a certificate endorsed upon, or annexed to the deed.

Section 4. That Section 12 of Chapter 92 of the Revised Code of Delaware, 1935, being Code Section 3669, be and the same is hereby amended by striking out all of 3669 Sec. 12 and substituting in lieu thereof the following paragraphs to be known as 3669 Sec. 12.:

3669. Sec. 12. Two Justices of the Peace, when taking or certifying an acknowledgment, must be together; and a certificate of acknowledgment taken before them, may be according to the following form, viz:-

State of Delaware

_______ County

ss.


Be it remembered, that on the ________ day of ______, in the year of our Lord, one thousand nine Hundred and _____, personally came before me, the subscribers, two of the Justices of the Peace for _____ County aforesaid, _______ and _______, his wife, parties to this indenture known to us personally (or proved on the oath of ), to be such, and severally acknowledged said indenture to be their act and deed respectively.

Witness our hands the day and year aforesaid.

If the instrument acknowledged be not an indenture, the word "Instrument" may be substituted for the word "indenture" in the form; if it be not under seal, the words "and deed" in the form, must be omitted. The certificate of acknowledgment may, in all cases, be according to the foregoing form. It may be varied in any case requiring a variance, the above form being given for general direction.

Section 5. That Section 13 of Chapter 92 of the Revised Code of Delaware, 1935, as amended, being Code Section 3670, be and the same is hereby amended by striking out all of 3670 Sec. 13 thereof and substituting in lieu thereof the following paragraphs to be known as 3670 Sec. 13.:

3670. Sec. 13. A deed, concerning lands, tenements, or hereditaments within this State, may be acknowledged or proved, or may be taken out of the State before any consul general, consul, vice-consul, consular agent, or commercial agent of the United States, duly appointed in any foreign country, at the places of their respective official residence, the judge of any District or Circuit Court of the United States, or the Chancellor, or any judge of a court of record of any State, territory, or country, or the mayor, or chief officer of any city, or borough, and certified under the hands of such Chancellor, judge, mayor or officer, and the seal of his office, court, city, or borough, by certificate indorsed upon, or annexed to the Deed; or such acknowledgment, or proof, may be taken in such court, and certified, under the hand of the clerk, or other officer of said Court, and the seal of said Court in like manner. In case of such certificate by a judge, the seal of his court may be affixed to his certificate, or to a certificate of attestation of the clerk, or keeper of the seal.

Such acknowledgment and proof may also be taken out of this State by any Commissioner of Deeds, appointed by the Governor in any of the States, or territories, of the United States, or in the District of Columbia, or in the possessions of the United States, or in foreign countries, the same to be certified, in like manner, under the hand and seal of the said Commissioner.

Any deed concerning lands, tenements, or hereditaments, within this State, any other instrument of writing whatsoever, or any affidavit, or other statement requiring acknowledgment or proof, may be so acknowledged and proved out of this State before a Notary Public of any State, or Territory or of the District of Columbia. The provisions of this paragraph shall be deemed and taken to extend to affidavits of demand and defense as provided for in Section 6 of Chapter 128.

Section 6. That Chapter 92 of the Revised Code of Delaware, 1935, as amended, is hereby further amended by adding a, new and additional paragraph at the end of 3688 Section 31 thereof as follows:

The signature, seal and acknowledgment of a wife under the age of twenty-one (21) years to any bond, other obligation and/or mortgage shall be valid and legally effective for all intents and purposes in law or in equity and shall bind her, her heirs, executors and administrators as effectually as if she were twenty-one (21) years of age or upwards.

Approved April 24, 1945.