On the return of the writ of attachment or summons the Court may, upon petition of any person claiming to have performed or furnished labor or materials at the request of the plaintiff or plaintiffs in the attachment, appoint 3 suitable persons to audit and determine the claim of the plaintiff and also the claim of the petitioner, who shall adjust and ascertain all the demands, including that of the plaintiff in the writ. The auditors shall severally be sworn or affirmed to perform their duties according to the best of their skill and knowledge. They shall give 10 days' notice to the parties of the time and place of their first meeting by advertisement, posted at the courthouse door and at least 5 other public places in the county. Their subsequent sittings shall be by adjournment duly made and publicly announced. They may investigate any claim presented in any form they judge best and may examine any of the parties upon oath or affirmation. On receipt of the proceeds of the sale of the property attached or against which judgment is obtained or any part thereof, the auditors shall calculate and settle the proportions and dividends due the several parties and shall make report to the next term of the Court after such appointment and, upon confirmation of the report, pay over to the several parties their respective share of the proceeds according to such appointment. The Court may hear exceptions to and correct such account and report, either in the calculations, dividends, apportionment, or otherwise.
Structure Delaware Code
Subchapter II. Enforcement in Superior Court
§ 2711. Time for filing of statement of claim.
§ 2712. Requirements of complaint or statement of claim.
§ 2713. Claims against 2 or more structures owned by same person.
§ 2714. Proceedings by scire facias; form.
§ 2715. Issuance and service of scire facias.
§ 2716. Default judgment; affidavit of defense.
§ 2719. Execution by levari facias; form.
§ 2721. Savings provision for personal actions.
§ 2722. Lien where labor is done or materials furnished at instance of lessee or tenant.
§ 2723. Rights of owner where lien or judgment is obtained by a subcontractor.
§ 2724. Entries in Mechanics' Lien Docket.
§ 2725. Procedure where claimant institutes personal action and also proceeds under this chapter.
§ 2726. Mechanics' lien on ship or vessel; time for filing claim; procedure.
§ 2727. Auditors; powers and duties; report to Court; exceptions to report.
§ 2729. Discharge of lien on payment into Court or entry of security.