JUSTICES JURISDICTION IN CIVIL CASES OF DEBT. Deposit required before civil action may be a Justice of the Peace CHAPTER 279. JUSTICES JURISDICTION IN CIVIL CASES OF DEBT. AN ACT to Provide for a Deposit Before Bringing Suit in Certain Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met: Section 1. After the approval of this Act no civil action shall be brought before any Justice of the Peace, in brought before this State, before the person bringing such action shall have first made a deposit of two dollars with the Justice of the Peace before whom he has brought said action, to be applied to the costs of such action. The said sum of two dollars shall be returned to the person depositing the same, if the money sued for shall be recovered. Return of deposit Section 2. All acts and parts of acts inconsistent herewith are hereby repealed. Approved March 14, A. D. 1913. 1 JUSTICES JURISDICTION IN CASES OF FORCIBLE CHAPTER 280. JUSTICES JURISDICTION IN CASES OF FORCIBLE AN ACT to amend Chapter 101, of the Revised Code of the State of Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met: 101 Rev. Code amended Section 1. That paragraph three of section three, of Sec. 3, Chap. Chapter 101, of the Revised Code of the State of Dela- of 1893 ware, as published A. D. 1893, be, and the same is hereby amended by striking out the words "more than three months", as they appear in the fifth line of said paragraph three of section three, and inserting in lieu thereof the following words, to wit: "on or before the day required by law for giving notice for the termination of leases, of the same term, period, duration and character, as the lease or demise granted by him (the plaintiff). Approved March 12, A. D. 1913. TITLE SIXTEENTH. Of Civil Actions in General. Writ of attach anyone issuing a worthless check on overdrawn accounts How issued CHAPTER 281. OF THE COMMENCEMENT OF ACTIONS. AN ACT Providing for the Commencement of Actions against Per- Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met: Section 1. That a writ of attachment may be issued ment against in any action brought against any person or corporation which shall have issued worthless checks on overdrawn accounts, or where said person or corporation shall have issued slips or memoranda in settlements, which have not been paid, upon affidavit made by plaintiff or some creditable person, or any officer of any plaintiff corporation and filed with any Prothonotary or Justice of the Peace of this State that the plaintiff has a good cause of action against defendant; and the said plaintiff shall also make affidavit of the amount of the debt which he claims to be due to him from the said defendant, provided, however, that nothing in this Act shall confer jurisdiction upon any Justice of the Peace where the debt, not including the interest claimed to be due on said debt, or when debt ex- the damages, exceeds the sum of Two Hundred Dollars. Justices of the jurisdiction ceeds $200 T OF THE COMMENCEMENT OF ACTIONS. issued by Section 2. The said writ, if issued by a Prothonotary Writ when shall be framed, directed, issued, executed and returned Prothonotary and like proceedings had as in cases of foreign attachment now authorized by law, and the said writ, if issued by a Justice of the Peace, shall be framed, directed, is- When issued sued, executed and returned, and like proceedings had as of the Peace in cases of attachment now authorized by law before Justices of the Peace, except as is herein otherwise provided. by a Justice Sheriff, Con Section 3. Any Sheriff, constable or other officer ex- Attachment by ecuting any writ of attachment under the provisions of stables, &c. this act may also attach the lands and tenements, goods and chattels, rights and credits, moneys and effects of the defendant or defendants. on writ Section 4. Every writ issued under the provisions of Endorsements this Act shall have endorsed thereon by the plaintiff, or his attorney, the amount of bail to be taken in such case. Any Prothonotary, Justice of the Peace or other person taking bail in any proceeding under this Act shall require the person going bail to justify in the amount so Bail endorsed upon the said writ. Approved March 17, A. D. 1913. OF THE COMMENCEMENT OF ACTIONS. Penalty for issuance of checks on over drawn accounts CHAPTER 282. OF THE COMMENCEMENT OF ACTIONS. AN ACT to Provide Punishment for Persons Issuing Worthless Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That if any person or persons shall knowworthless ingly and fraudulently issue, give, or put forth any check, draft, or order, on an overdrawn account upon any bank, banking association, partnership, or trust company, or any other place where deposits of money are generally kept, located either in this State or elsewhere, in payment or settlement of any debt, obligation, account or for any valuable consideration whatever, he shall be deemed guilty of a misdemeanor, and upon conMisdemeanor viction thereof, shall be punished by a fine or imprisonment, or both in the discretion of the Court. Approved March 11, A. D. 1913. |