TITLE ELEVENTH.

Of the Domestic Relations.

Amended
Code of 1874,

474

Section 4, of

Revised
Statutes,

amended.

CHAPTER 164.

OF DIVORCE.

AN ACT to amend Chapter 75, of the Revised Statutes.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met,

SECTION 1. That section 4, of chapter 75, of the Revised chap. 75 of Statutes, be and the same is hereby amended by adding to said section the following words "In all questions of alimony that may be brought before him, or in all cases in which one of the parties may raise a question in which property may be involved, it shall be within the power of said commissioners Testimony to take testimony as to the amount of property of either the complainant or the defendant, and report such testimony to the court, Provided, that in his report to said court, the said commissioner shall not make any recommendation concerning alimony, or questions concerning property, which by law are vested in the court, in proceedings for divorces.

may be taken re

specting property. When.

Passed at Dover, February 25, 1875.

OF THE DOMESTIC

CHAPTEF

OF HUSBAND AN

AN ACT to amend the act entitled "An
Passed at Dover, April 9, 1873.

Be it enacted by the Senate and.

the State of Delaware in General

entitled "An act for the prote

Dover, April 9, 1873, be and the same

follows: Strike out the whole of section I thereof, and insert

the following in lieu thereof, viz :

married

SECTION 1. That the real and personal property of any Property of married woman, which has been heretofore acquired, is now women. held, or which she may hereafter acquire in any manner whatsoever, from any person other than her husband, shall be her sole and separate property, and the rents, issues and profits thereof shall not be subject to the disposal of her husband, nor Rents, &c. liable for his debts.

Executrix, &c., being

SECTION 2. That any executrix or administratrix, being a married married woman, shall have as full power to act in such repre-woman, may as though sentative capacity as though she was a feme sole and the fact a feme sole. of marriage shall not give her husband any right to partici- Husband no pate in any manner in the management, direction and settle-right to parment of the estate of the deceased, nor shall he be liable for any act or default of hers as such executrix or administratrix, unless party unless he is a party to her bond, as such.

ticipate.

No liability

to her bond.

Married

secure

zance, mort

SECTION 3. And be it further enacted, That where a mar-woman may ried woman becomes a purchaser of real estate, she may chase money secure the purchase money or part of it by recognizance, bond, by recognimortgage, or otherwise, as single women may, and her hus-gage, &c. band need not be a party, nor consent to such act of giving Husband security, and in any case where it may be proper for a party need not to give a bond with or without warrant of attorney, a mar-May give ried woman may do the same, Provided, however, that in warrant in case of her entering into recognizance, or giving bond or any case. mortgage, or making other contract for the payment of money, Husband not her husband shall not be liable unless he be a party thereto, liable unless

66

consent.

bond and

Proviso.

a party.

2 and 3 of

SECTION 4. Section 2 of this act shall be printed in all fu- How sections ture editions of the laws of this State, as section 8 of the act this act, shall entitled An act for the protection of woman," passed at be printed in Dover, April 9, 1873," and section 3 of this act shall be printed tions

291 288

OF THE DOMESTIC RELATIONS.

said as section 9 of the act heretofore mentioned in this

on entitled "An act for the protection of women. SECTION 5. And be it further enacted, That the following words in the 2d and 3d lines of the 5th section of chapter 550, of the 14th volume of the laws, be stricken out, viz.-with the written consent of her husband, given under his hand and seal in the presence of two witnesses."

Passed at Dover, March 17, 1875.

TITLE TWELFTH.

Of Titles to Real Property.

CHAPTER 166.

OF CONVEYANCES.

A further additional supplement to the act entitled An act to extend the time for recording deeds.

recording

1877.

SECTION 1. Be it enacted by the Senate and House of Repre- Time of sentatives of the State of Delaware in General Assembly met, deeds exThat all deeds or letters of attorney, concerning lands, tene- tended to ments or hereditaments, sealed and delivered on or before the first day of January, one thousand eight hundred and seventy five, first being acknowledged or proved, and the acknowledgment or proof certified to according to the Laws of the State, in force at the time when such acknowledgment or proof was made, may, with the certificate of acknowledgment or proof, and all indorsements and annexations, be recorded in the office for recording deeds in the county wherein such lands, tenements and hereditaments, or any part thereof, are situated, if lodged in such office on or before the first day of January, in the year of our Lord one thousand eight hundred and seventy-seven, and the said record or copy thereof shall be sufficient evidence; and from and after the said first day of January, in the year of our Lord one thousand eight hundred and seventyseven, no deed or letter of attorney, sealed before the first day of January, in the year of our Lord one thousand eight hundred and seventy-five, shall be recorded.

Passed at Dover, January 27, 1875.

The record

of the Potter estate, or certified

of, to be

OF TITLES TO REAL PROPERTY.

CHAPTER 167.

OF CONVEYANCES.

AN ACT relating to the recording of leases of the Potter Charity Estate.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met,

SECTION 1. That the record or duly certified copies thereof, of the leases heretofore made by authority of law, or which shall hereafter be made by order of the Chancellor, of all and every lease or leases of any portion of the lands, tenements or hereditaments, copies there- situated in Kent or Sussex counties, which were devised by Benjamin Potter, deceased, to certain charitable uses, shall be competent evidence in the Courts of Law and Equity in this State, and that the fee for recording any such lease, or certifying the record thereof, by any register in chancery, shall be the same as now fixed by law, to be paid to the recorder of deeds for like services.

evidence.

Fees.

Chap. 552 of vol. 14, repealed.

SECTION 2. And be it further enacted as aforesaid, That the act entitled "An act to provide for the recording of leases of the Potter Charity Estate," passed at Dover, March 28, 1873, be and the same is hereby repealed.

Passed at Dover, Fanuary 29, 1875.

CHAPTER 168.

OF CONVEYANCES.

AN ACT in relation to permanent leasehold estates.

SECTION 1. Beit enacted by the Senate and House of Repreleasehold sentatives of the State of Delaware,* That permanent leasestartedbehold estates, renewable forever, now held, or which may estates in fee, hereafter be acquired, shall be taken and considered to be subject to estates in fee simple, and shall be subject to the same modes of alienation, power of devise, and rules of descent and dis