AN ACT to prefer wages of employees in case of execution and assignment.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met : "That from and after the passage of this set, all debts or claims that may become due or growing due for labor or services rendered by any mechanic, laborer, clerk or other employee of any person or persons, chartered company or association employing of laborers, clerks or mechanics in any manner whatsoever, shall be a first lien on all the real and personal property of such employer or employers, and shall be the first to be satisfied out of the proceeds of the sale of such property, whether made by an officer or an assignee of such employer or employers or otherwise:
Provided, however, That the debt or claim secured to the mechanic, laborer, clerk or other employee under this act shall not exceed a sum equal to the wages of such mechanic, laborer, clerk, or other employee for one month: And provided further, That in no event shall such debt or claim exceed the sum of fifty dollars, though the wages for one month may be a greater sum. Notice of such claim or debt shall be given to the coroner, sheriff, constable, assignee; or other person who shall make or conduct the sale of property subject to the lien or preference provided for by this act.
SECTION 2. And be it further enacted by the authority aforesaid, That no such claim or debt for work, labor, or clerk hire as aforesaid shall be a lien upon any real estate as is provided for in Section 1 of this act, unless a copy of such claim or debt shall be filed in the Prothonotary's office of the county in which such real estate is situated within one month after the same shall have become due and owing or shall be growing due and owing.
Any person presenting a copy of such claim or debt to be filed in the Prothonotary's office as aforesaid, shall accompany the same with an affidavit stating that such debt or claim is just and true. The fee to the Prothonotary for such service shall be fifty cents.
SECTION 3. And be it further enacted by the authority aforesaid, That no lien of a judgment, recognizance, or mortgage which may hereafter be created shall operate to impair or postpone the lien or preference given and secured to debts or claims mentioned in the first section of this act.
SECTION 4. And be it further enacted by the authority aforesaid, That nothing in this act shall be construed so as to affect or impair any debts, contracts, or liens made or entered into prior to the passage of this act.
SECTION 5. And be it further enacted by the authority aforesaid, That any person who shall make an affidavit to any debt or claim which is untrue shall be guilty of a misdemeanor, and shall forfeit and pay a fine of fifty dollars.
SECTION 6. And be it further enacted by the authority aforesaid, That the Parent, guardian, or next friend of any minors who shall render such service as is mentioned in the first section of this act shall have the right to proceed under the provisions of this act to secure the debt or claim arising from the service or labor rendered by such minor as aforesaid.
SECTION 7. And be it enacted by the authority aforesaid, That this act shall not apply to Kent and Sussex Counties.
Passed at Dover, February 25, 1879.