OF SCIRE FACIAS UN MORTGAGE.
AN ACT in Relation to Mortgages.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
That whenever the dividing line between any two counties of this State shall run through a tract of land conveyed in mortgage a writ a scire facias may he sued out in either county in which any part of such tract is situated, to the sheriff of the county in which such writ is sued out, and the said sheriff shall be authorized to make service of the said writ notwithstanding any person or persons liable to such service and residing in this State may live outside his bailiwick, and the Superior Court of the county wherein such suit is brought may give definitive judgment upon such scire facias with the same effect as if the said lands lay wholly within such county.
The writ of levari jacias awarded upon any such judgment for the sale of any such tract shall be directed to the sheriff of the county wherein the judgment was given, and the said sheriff shall proceed in the same manner as is prescribed in other sale of the cases of lands upon such execution process, and shall have authority on the said writ to sell the said tract of land in the whole, and altogether at one and the same time, and to make return thereof to the court out of which the said writ is issued, and upon confirmation of such sale by the said court to make a deed to the purchaser conveying the whole as fully as if the sanie had been wholly situated in his bailiwick.
Any deed so made shall be recorded in each of the counties in which the land is situated, notice of any such sale shall be set up in at least five of the most public places in each of the hundreds in which the said land or any part thereof is located.
Passed at Dover, March 29, 1887.