TITLE 10

Courts and Judicial Procedure

Procedure

CHAPTER 49. EXECUTIONS

Subchapter II. Preferences


(a) In New Castle County 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 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. The debt or claim, so secured to the mechanic, laborer, clerk or other employee, shall not exceed a sum equal to the wages of such mechanic, laborer, clerk, or other employee for 1 month. In no event shall such debt or claim exceed the sum of $50, though the wages for 1 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 hereby provided for.

(b) No lien of a judgment, recognizance, or mortgage shall operate to impair or postpone the lien or preference given and secured to debts or claims mentioned in subsection (a) of this section.

16 Del. Laws, c. 147, §§ 1, 3; Code 1915, §§ 4332, 4334; Code 1935, §§ 4805, 4807; 10 Del. C. 1953, § 4931.;

No claim or debt for work, labor, or clerk hire as prescribed in § 4931(a) of this title, shall be a lien upon any real estate unless a copy of such claim or debt is filed in the prothonotary's office of the county in which such real estate is situated, within 1 month after it has become due and owing, or is growing due and owing. Any person presenting a copy of such claim or debt to be filed in the prothonotary's office shall accompany it with an affidavit stating that such debt or claim is just and true. The fee to the prothonotary for such service shall be 50 cents.

16 Del. Laws, c. 147, § 2; Code 1915, § 4333; Code 1935, § 4806; 10 Del. C. 1953, § 4932.;

Whoever makes an affidavit to any debt or claim mentioned in § 4931(a) of this title which is untrue, shall be fined $50.

16 Del. Laws, c. 147, § 5; Code 1915, § 4336; Code 1935, § 4809; 10 Del. C. 1953, § 4933.;

The parent, guardian, or next friend of any minors, who render such service as is mentioned in § 4931(a) of this title, may proceed under this chapter to secure the debt or claim arising from the service or labor rendered by such minor.

16 Del. Laws, c. 147, § 6; Code 1915, § 4337; Code 1935, § 4810; 10 Del. C. 1953, § 4934.;

Employees of insolvent corporations shall have a lien for, and a preference in the payment of, wages due them from such corporation, not exceeding wages for 2 months, as provided in § 300 of Title 8.

Code 1915, § 4338; Code 1935, § 4811; 10 Del. C. 1953, § 4935.;

Whenever any sheriff or constable, by virtue of any execution process, supersedes an executor or administrator, and sells the goods and chattels of any deceased person, on whose estate there have been letters testamentary or of administration granted, he or she shall, out of the proceeds of the sale, and before applying any part thereof towards satisfying any execution, pay, first, funeral expenses of the deceased; second, the reasonable bills for medicine and medical attendance during last sickness of the deceased, and for nursing and necessaries for the last sickness of the deceased.

15 Del. Laws, c. 186, § 1; Code 1915, § 4339; Code 1935, § 4812; 10 Del. C. 1953, § 4936; 70 Del. Laws, c. 186, § 1.;

In case there has been no administration or letters testamentary granted on the estate of the deceased, any sheriff or constable selling the deceased person's goods by virtue of any execution process, shall, before applying any proceeds of the sale towards satisfying any execution, pay in the order in which they stand, the bills mentioned in § 4936 of this title.

15 Del. Laws, c. 186, § 2; Code 1915, § 4340; Code 1935, § 4813; 10 Del. C. 1953, § 4937.;