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TITLE SIXTEENTH.

Of Civil Actions in General.

CHAPTER 281.

OF THE COMMENCEMENT OF ACTIONS.

AN ACT Providing for the Commencement of Actions against Per

sons or Corporations Issuing Worthless Checks on Overdrawn Accounts, or Slips or Memoranda which have not been paid, by Attachment Process.

Writ of attach

a worthless check on overdrawn accounts

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 anyone issuing 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 How issued

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, provid

ed, however, that nothing in this Act shall confer jurisJustices of the diction 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.

Peace lack jurisdiction

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OF THE COMMENCEMENT OF ACTIONS.

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.

Section 3. Any Sheriff, constable or other officer ex- Attachment by ecuting any writ of attachment under the provisions of stables, &o. this act may also attach the lands and tenements, goods and chattels, rights and credits, moneys and effects of the defendant or defendants.

Od 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.

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OF THE COMMENCEMENT OF ACTIONS.

CHAPTER 282.

OF THE COMMENCEMENT OF ACTIONS.

AN ACT to Provide Punishment for Persons Issuing Worthless

Checks on Overdrawn Accounts.

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

Penalty for issuance of worthless checks on over drawn accounts

or trust

Section 1. That if any person or persons shall knowingly and fraudulently issue, give, or put forth any check, draft, or order, on an overdrawn account upon any bank, banking association, partnership, 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 imprison

ment, or both in the discretion of the Court.

Approved March 11, A. D. 1913.

OF BAIL.

CHAPTER 283.

OF BAIL.

AN ACT to Amend an Act entitled, “An Act concerning the disposi

tion of Moneys recovered upon Bail Bonds etc.," being Chapter 266, Volume 26, Laws of Delaware.

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

Sec 1, Chap.

Section 1. That an Act concerning the disposition of moneys recovered upon Bail Bonds etc., being Chapter 266. Vol. 26 266, Volume 26, Laws of Delaware, be and the same is, hereby amended by striking out the word “twenty-five" in the sixth line, Section 1, of said Act and inserting in lieu thereof, the word “fifty”.

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OF PLEADING AND PRACTICE IN CIVIL ACTIONS.

CHAPTER 284.

OF PLEADING AND PRACTICE IN CIVIL ACTIONS.

AN ACT to amend Chapter CVI, Revised Code, Laws of Delaware,

entitled, “Of Pleading and Practice in Civil Actions", by providing for the expediting of pleading in civil causes.

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

Sec. 1, Chap.

Section 1. That Section 1 of Chapter 106, Revised 1893 amended® Code, Laws of Delaware, be and the same is hereby

amended by adding thereto at the end thereof a paragraph in the following words, to-wit:

“And provided further, nevertheless, that in all cases, in which no affidavit of demand is filed, the plaintiff shall be required to file his declaration and, in Scire Facias and Ejectment cases, the defendant, his plea, on the first general rule day after the process is returnable; and provided further, that the first and third Mondays in each month shall be general rule days."

Section 2. That all Acts or parts of Acts inconsistent herewith be and the same are hereby repealed.

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