The daily gazette., 1881-05-20
THE sUpEnioh Counr.
A Slow, but Interesting Session,
Yesterday Afternoon. .34-

A Slow, but Interesting Session,
Yesterday Afternoon. .S-4
Court opened at three o'clock, yester-
day afternoon, when the case of james
Murine vs.. Washington Lodge, No. Q,
A. +. A. NJ, o New Castle, and Harry
Lape, contractor, and B. +. PerkIne sub
contractor, was put on trial. Nields for
plaintiff and Lore for defendant. This
Is an action under the mechanics lien
law, passed by the Gsnersl Assembly In
1879, and was brought for materials Al
legged to have been furnished said lodges
ard used in the constructions OF the new
hall at New Castle. The amount of
damages claimed is $27e 10,wilh interest
from October /, 1879. D s z
AT the opening Of the case an inter-
esting point came up, which occupied
the attention ot the Court for about an
hour. The plaintiff introduced the rec
ord of the act of incorpora ion Of WASH
ington Lodge, but the defendant, after
examination, objected because j. bad
not been recorded within year after Its
passage, as required by law. The plaiL-
tiff then put 10 evidence the "enabllng
act" q law passed at each session Of the
Legislature extending the time for re-
cording private acts so as to save those
that would otherwise become void from
failure to record within the specified
time. Mr.. Lore then presented the fol-
lowing pointsito the Court
l. That acts OF Incorporation, by q
constitutional provision, cannot be pas
sed except by q two thirds~vOte Of each
branch of the Legislature.
q That private acts of incorporation
not recorded within year afer their
passage, lapse and become void.
3. That the "enabliEg act, In order
to revive and put 10 force these yoided
Incorporation acts, must also be passed
by two-thirds vote of tbe Legislature.
The Chief Justice and Judge Wooten
concurred In these points and Judge
Houston dissentsd, saying the journals
Of the Legislature must be the proof rs
to the vote received by the bill, and not
the phraseology OF the enacting clause.
Plaintiff's counsel then brought In the
Legislative journals of 1879, which sim
ply recorded that the bill had passed
without stating the vote. The Court
held that this was equivalent to an un-
snimous passage, which would undoubt-
edly be more than a two-thirds vote, and
the act of incorporation was then put In
as evidence.
Plaintiffs first, witness was Edward
Murine, son Of the plaintiff, who
died since the suit was instituted. Mr..
Lore objected 20 the swearing of the wit
ness, as James Murine had left q will
which might make the son all interested
party to the suit. The will was produc-
ed and showed that Eds ard Mulrine
was left one dollar, the balance Of che
estate going to the wife. Quietly Mr..
Nields wrote release for this bequest
Of one dollar which Edward Murine
promptly signed, whereHpon he inform-
ed Mr.. Lore that the witness was no
longer an iuieI ested party. Mr.. Lore
wanted Mr.. Nislds to pay Murine the
dollar. "Never mind" responded Mr..
Nields. I'll charge him Q dollar for
writing the release"
Edward Murine then testified to
hearing bis father, in conversation with
b. +. Perkins, agreed to furnish stone at
$l.l0 per perch, deck measurement.
To Ii. p. Rumford, paying teller at
the Wilmington BrAndywine Bank,
were exhibited seven receipts for stone,
upoLhhB W uoeiSueu uy d. T. L orktuo'
Six of the signatures the witness pro-
nounced to be genuine, bat he said the
seventh was not written by Mr.. Perkins.
Capt. Archie Goats, a boatman, testi-
fled to carrying eight boat loads Of stone
from Mulrine's quarries, on the Bran
dywlne, to the steamboat wharf at New
Castle, where it was received by Nj.
Perkins.
He obtained receipt for each load as
delivered, excepting once when Mr.. Per-
kins was absent, and he had 70 wait for
it until the next trip. .,,tryA IL
Capt. Coats testimony was given at
great length, Ia an Irish brogue, and
quaint positiveness that proved very
amusing TO the Court and the audience.
This evidence, however, was "as
straight as dle," and no amount Of
cross. questioning could impair the
strength Of his statements in regard 10
delivering eight loads of stone At New
Castle. m ga
At 5.45 o'cl, ok Court adjourned until