§ 3502 — Notice in special cases; jurisdiction of justices of the peace in cases of perishable property

Delaware § 3502

• Jurisdiction: Delaware
• Title: 25
• Part: Mortgages and Other Liens
• Ch. 35: LIEN OF COMMISSION MERCHANT, FACTOR AND CARRIER

Text

Upon the application of any of the persons or corporations having a lien upon goods, wares, merchandise or other property, as mentioned in § 3501 of this title verified by affidavit, to any judge of the Superior Court or to the Court of Chancery setting forth that the place of residence of the owner or consignee of any such goods, wares, merchandise or other property is unknown or that such goods, wares, merchandise or other property are of such a perishable nature or so damaged or showing any other cause that renders it impracticable to give the notice as required in § 3501 of this title, then, in such case, the judge hearing such application may make an order, to be signed by such judge, authorizing the sale of such goods, wares, merchandise or other property upon such terms as to notice as the nature of the case may admit of and to such judge seems proper. In cases of perishable property, the affidavit and proceedings required by this section may be had before a justice of the peace.

Legislative History

13 Del. Laws, c. 164, § 2 ; Code 1915, § 2858; Code 1935, § 3339; 25 Del. C. 1953, § 3502; 84 Del. Laws, c. 42, § 107