AN ACT to amend chapter 111, of the Revised Code, in relation to sale of lands and tenements under execution process. Code, 1874,
SECTION I. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That section 23, of chapter III, of the Revised Code, as amended, be and the same is hereby repealed, and the following inserted in lieu thereof:
SECTION 23. Public notice of the sale of lands and tenements under execution process, shall be given by advertisements posted, at least, ten days before the day of sale, in ten of the most public places of the county where the premises are situated, setting forth the day, hour, and place of sale, and what lands and tenements are to be sold, and where they lie. One of the said advertisements shall be posted in the hundred in which the premises are located, and one, at least, in each of the hundreds which immediately adjoin the said hundred; a like advertisement shall be delivered, at least, ten days before the day of sale to the defendant, or left at his usual place of abode, if he have a known place of abode in the county ; if the defendant do not reside in the county, notice shall be served on the tenant, or if there be no tenant, shall be left at the mansion house or other public place on the premises. The provisions of the next foregoing section respecting the delivery of an advertisement of the sale of goods and chattels under execution process, to each plaintiff in the execution, and also to each plaintiff in any other execution or executions, at the time in the hands of the sheriff or coroner, shall be in all respects applicable to the case of the sale of lands and tenements under execution process. Notice of such sale, as aforesaid, shall also be advertised for two weeks previous to the time of said sale, in two newspapers of the county wherein the said property is situated, one to be selected by the sheriff, the ed. other to be selected by the defendant. The sheriff shall give the defendant first named in the writ, ten days' notice, such notice to be sent by mail addressed to the defendant at the post office nearest his place of residence. If the defendant fails to select within the ten days after the deposit of said notice in the post-office, then the sheriff shall select both papers, one of which shall be the paper of the largest circulation, to be ascertained by the sheriff from the sworn statement of the editor or publisher as to the number of papers published and circulated, for twenty five consecutive issues prior to the time such statement shall be sworn to; provided that not more than three insertions per week shall be made in any one paper, and provided further, that if there is only one paper published in said county, at said time, the sheriff may select a paper in one of the other counties, and if there shall be no paper in said county he may select two in the other counties ; and provided further, that the publishers of such papers shall not charge, for such advertising, a higher rate than the ordinary charges for transient advertisements. The description of the of Iands and tenements, in the public notices and advertisements, as aforesaid, need not follow, literally, that of the execution process, but shall be sufficient if it contains such general description of the property so advertised as will clearly identify the same, giving the location, with the known or computed quantity thereof, and also specifying the principal improvements thereon, if any.
SECTION 2. And be it further enacted, That all acts and parts of acts, now in force, contrary to, or inconsistent with this act be, and the same are, hereby, repealed, made null and void.
Passed al Dover, February 1, 1877.