DELAWARE.

Constitution adopted, 1831.-Square Miles, 2,100.-Population in 1850, 91,407.

Law regulating Contracts.

ALL promises and assumptions whereby any person shall undertake to answer or pay for the default, debt, or miscarriage, of another, any sum under forty shillings, being proved by the oath or affirmation of the person or persons to whom such promise and assumption sha be made, are hereby declared to be good and available in law to charge the party or parties making such promise or assumption.

No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate; or whereby to charge any defendant, upon any special promise, to answer for the debt, default, or miscarriage, of another person, of the value of forty shillings, and not exceeding ten pounds, unless such promise and assumption shall be proved by the oath or affirmation of one credible witness, or some memorandum or note in writing shall be signed by the party to be charged therewith.

No action shall be brought whereby to charge any person or persons upon any agreement made upon considerations of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof; or to charge any person or persons whereby to answer for the debt, default, or miscarriage, of another, in any sum of the value of ten pounds and upward, unless the same shall be reduced to writing, or some memorandum or note thereof shall be signed by the party or parties to be charged therewith, or some other person thereunto by him or them lawfully authorized, except for goods, wares, and merchandise, sold and delivered, and other items which be and are properly chargeable in an account," in which case the oath or affirmation of the plaintiff, together with a book regularly and fairly kept, shall be allowed in all cases to be given in evidence, in order to charge the defendant or defendants with the sum or sums therein contained.

Limitation of Actions.

ACTIONS for recovery of lands must be brought and entry made within twenty years next after the right of action accrued.

Infants, married women, non compos-mentis, or a prisoner, may within ten years next after the removal of their disability.

No action of trespass, replevin, detinue, debt not founded upon a record or specialty, of account, of assumpsit, upon the case, shall be brought after the expiration of three years from the accruing of the cause of action.

In case of mutual and running account, limitation not to begin while the account continues open and current.

*Items of cash are not properly chargeable in account. Smith vs. M'Beath; Kent's Com Pleas, Nov. term, 1814.

Camden

When the action arises from a promissory note, bill of exchange, or an acknowledgment under the hand of the party, of a subsisting demand, the action may be commenced at any time within six years.

Those under the disability of infancy, coverture, or incompetency of mind, to have three years after the removal of such incompetency.

The time the defendant is out of the state, to be deducted; and in every such case, one year after his return to be allowed, when the cause of action arises in this state.

Exemptions.

THE following goods and chattels, the property of the white citizens of this state, are exempt from execution process, and distress for rent, to wit: the necessary wearing apparel of the debtor, and of his wife and children, one bedstead, bed, and the necessary bedding for every two persons of the family, one iron stove used for warming the dwelling house, and fuel not exceeding the value of five dollars, procured and designed for the use of the family; the bibles, and school-books, used in the family; one cow, one swine and one ton of hay; the library and tools or implements of the debtor necessary for carrying on his profession, trade or business, not exceeding fifty dollars in value; rights of burial and tombs while in use as repositories for the dead; other household furniture necessary for the debtor and his family not exceeding twenty-five dollars in value; Provided, that the value of the whole of the articles thus exempted shall not exceed one hundred dollars, and provided further, that if the debtor shall not at the time of the execution of the said process, be in possession of all, or any of the above specified articles, then any other property which he shall have in his possession amounting in value to one hundred dollars, shall be exempt as aforesaid, except in every case for taxes due in either of the counties of this state, or in the city of Wilmington, which said articles and the value thereof shall be ascertained by two substantial citizens of the county whereof the debtor is an inhabitant, to be appointed and to be sworn or affirmed faithfully and justly to fulfil the duties of said appointment by any justice of the peace, constable, or sheriff of the said county.

This act shall not in any wise invalidate debts or contracts made previous to the fourth day of July, A. D. one thousand eight hundred and fifty-one, and that all acts and parts of acts inconsistent herewith, be and the same are here by repealed.

Collection of Debts.

ARREST.-No free white citizen may be arrested, except upon oath that the defendant is justly indebted in a sum exceeding five dollars, and verily believes that defendant has secreted, conveyed away, assigned, settled, or disposed of, either money, goods, chattels, stocks, securities for money, or other real or personal estate, of the value of more than twenty-five dollars, with intent to defraud his creditors, and specify and set forth the supposed fraudulent transactions.

ATTACHMENT.-Attachment may issue against a residenter in this government, upon an affidavit that the defendant is justly indebted to the plaintiff in the sum of forty shillings, and absconded from the place of his usual abode, or is gone out of the government, with intent to deceive or defraud his creditors, as it is believed.

The above is called "domestic attachment." There is another writ which is known as a "foreign attachment," and which issues against a non-resident upon the oath of the plaintiff, or of some credible person for him, that the defendant resides out of the state, and is justly indebted to him in the sum of fifty dollars and upward.

Deeds.

DEEDS may be acknowledged in any county by any party to the same, in the superior court or before the chancellor or any judge of the said court, or before two justices of the peace for the same couuty, or before a notary public.

Deeds of a married woman, to which her husband is also a party, shall be valid if she, upon private examination apart from her husband, acknowledges that she "executed said deed willingly, without compulsion or threats, or fear of her husband's displeasure. Such private examination may be taken in any county before the chancellor, any judge, or two justices of the peace for the same county, or before a notary public.

Such acknowledgment to be certified under the hand and seal of the clerk of the court in which, or under the hand of the chancellor. judge, or justices of the peace, or under the hand and notarial seal of the notary, before whom, it is taken in a certificate endorsed upon or annexed to the deed.

If the party be out of the state, the acknowledgment, or private examination, may be made before the judge of any district court of the United States, or before the chancellor or any judge of a court of record in any state, territory, or country, or before the mayor or chief officer of any city or borough, and certified under the hand of such chancellor, judge, mayor, or officer, and the seal of his court, city, or borough, by certificate endorsed upon, or annexed to the deed; or such acknowledgment and examination may be made before any commissioner duly authorized by the governor of this state, and certified under his hand and seal.

Deeds must be recorded in the office for recording deeds in the county where the lands lie.

There should be two witnesses. A scrawl of the pen may be used for a seal. The form of acknowledgment is the same as in PENNSYLVANIA, by adding “or fear of her husband's displeasure."

Rate of Interest.

THE legal rate is six per cent. Whoever exacts more, is liable to forfeit the whole debt-one half to the state, and one half to the prosecutor.

Wills.

WILLS must be in writing, and signed by the testator, or by some other person subscribing the testator's name, in his presence and by his express direction, and attested and subscribed by two competent witnesses, in the presence of the tes

talor.