AN ACT to amend Chapter 92, Article 4, of the Revised Code of the State of Delaware, being an act relating to the satisfaction of record of Mortgages or Judgments.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
That Chapter 92, Article 4 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out 3231, Sec. 35 and by inserting in lieu thereof, the following:
3231. Sec. 35. SATISFACTION OF RECORD OF MORTGAGE OR JUDGMENT; PROCESS TO COMPEL ENTRY OF; PETITION TO SUPERIOR COURT; RULE; SERVICE OF; SUBSTITUTED SERVICE BY PUBLICATION; WHEN; HOW; ORDER OF COURT; ENTRY BY RECORDER OR PROTHONOTARY: In all cases where mortgages or judgments are liens on real estate in this State and the same have been paid and the mortgagee or obligee or their executors, administrators or assigns shall refuse or neglect to enter satisfaction of such mortgage or judgment on the record thereof in the office where the same is recorded or entered, within sixty days after the payment thereof, the mortgagor or obligor or their heirs or assigns may, upon sworn petition to the Superior Court of the County in which such mortgage or judgment is recorded or entered, setting forth the facts, obtain from such court a rule on the said mortgagee or obligee or their executors, administrators or assigns, returnable at such time as said Court may direct, requiring such mortgagee or obligee or their executors, administrators or assigns to appear on the day fixed by said Court and show cause, if any they have, why such mortgage or judgment shall not be marked satisfied on the record thereof. Such rule shall be served as provided by law for service of writs of Scire Facias. In case the mortgagee or obligee or their executors, administrators or assigns reside out of the State and cannot be served, or in case the mortgagee or obligee shall be a corporation which has been dissolved for more than three years prior to the filing of said petition, and for whom no Trustee or Receiver has been appointed, the rule shall be continued and a copy thereof shall be published by the Sheriff in a newspaper of the County, once each week for four successive weeks, and upon proof of such advertisement by affidavit of the Sheriff made at the time to which such rule was continued, shall be deemed and considered sufficient service of such rule.
Upon the return of said rule, if the court shall be satisfied from the evidence produced that such mortgage or judgment, together with all interest and costs due thereon, has been satisfied and paid, said rule shall be made absolute, and said Court shall order and decree that said mortgage or judgment is paid and satisfied, and shall order and direct the Recorder, or the Prothonotary, in whose office such mortgage or judgment is entered, to enter on the record thereof full and complete satisfaction thereof.
Approved April 17, A. D. 1917.