AN ACT to amend Section 19, Chapter 110 of the Revised Statutes, entitled "Of Judgments," and in relation to the duties of Prothonotaries concerning the Satisfaction of Judgments.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met,
SECTION 1. That Section 19 of Chapter 110 of the Revised Statutes of this State be and the same is hereby amended, by adding, after the word "judgment," in the thirteenth line of said section, the following: "It shall be the duty of the sheriff, or Duty of other officer having sold real estate by virtue of execution process, in his return to such process, to show expressly to what lien or liens the money arising from the sale thereof has been applied and how much has been applied to each lien. If for been
any cause the sheriff, or other officer, shall not be able to make a proper return as aforesaid, by the return day fixed, the court shall, upon application made by said officer, give further time for making such return, and when said return has been made, it shall be the duty of the prothonotary to cause satisfaction to be entered upon the record of such judgment or judgments as shall have been paid by such proceeds of sale, and where the sum applicable to any lien shall not be sufficient to pay the same, in that case to note as a credit, on the record thereof, the amount applied thereto by such return.
SECTION 2. And be it further enacted, Whenever there is any judgment in any county of this State, against any person or persons, upon which a testatum fi. fa. has been issued and recorded in another county, or a transcript of the same has been tohrrty so made and recorded, and the judgment upon which the testatum fi. fa. has been issued, or that of which a transcript has made and recorded as aforesaid, has been satisfied, it shall be the duty of the prothonotary for the county where such original judgment is or shall be, within thirty days after such satisfaction, to certify the fact of such satisfaction to the prothonotary of the county where the testatum fi. fa., or transcript, shall have been recorded, and upon the receipt of such certificate the prothonotary of the county where the testatum fi.fa., or transcript shall have been recorded shall write the fact of such satisfaction, two days thereafter, upon the record where the testalum fi. fa, or the transcript, is or shall be recorded. If any prothonotary shall refuse or neglect to perform any of the duties enjoined upon him by this section, he shall be liable in damages to any person injured by his default in an action on the case; such damages shall not be less than ten nor more than fifty dollars, except when special damages to a larger amount shall be alleged in the declaration and proved.
Passed at Dover, April 8, 1873.