CHAPTER 641

AN ACT TO AMEND SECTION 5515, TITLE 25, DELAWARE CODE, RELATING TO PUBLIC SALE OF PROPERTY DISTRAINED.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 5515, Title 25, Delaware Code, is repealed and a new Section 5515 is inserted in lieu thereof to read as follows:

§ 5515. Public sale of property distrained; hearing; order; costs

(a) After the expiration of six days from the day of appraising property distrained and not replevied, the person on whose demand a distress is made may make application in a court of one of the Justices of the Peace located in the County wherein the demised premises or a portion of the demised premises are situated, for an order of sale of the property.

(b) A copy of the application shall be served forthwith by any officer of the court upon the owner of the property, together with a notice of the date and time for hearing, which shall be no later than ten (10) days after application is made. At the hearing, the owner of the property may appear and answer the application and set forth any defenses he may have.

(c) The court shall have the power to issue an order of sale of the property and make such orders in connection therewith as may be required. Upon an order of sale, the sheriff, or any constable of the County or place, where the distress is taken, shall sell the property, or so much thereof as is necessary to satisfy the rent and all costs, at public vendue, to the highest and best bidder, or bidders, first giving at least six days' notice of the sale by advertisements posted in at least five public places in the County.

(d) The expenses of the proceeding before the court shall be included as a part of the costs of the sale.

Approved June 30, 1970.