Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-04-11
MEASURES OF LEGISLATION.

heretofore recoverable in trespass. trOver
or trespass in the case shall hereafter be
sued for and recovered in one form of
action, to be called an action of trespass;"
that the plaintiffs declaration in the said
action of assnmpsit shall consist Of con-
else statement of the plaintiffs demand
particularly specifying the date of the
promise, book account, note, bond, recog-
nizance, penal or single bill, or all or
any one OF them on which the de-
mand is founded, the whole amount
that said plaintiff believes to be justly
aud truly due, which shall be accom-
panied by copies of all notes, contracts,
book entries or particular reference to
the records of any court within the
county iii which the action is brought. il
any, upon which the plaintiffs claim is
founded, and particular reference to such
record, or to the record of any deed or
mortgage or other instrument of writing
recorded in such county shall be suifi-
Gient i'll lieu of the copy thereof; that the
statement shall be signed by the plaintiff
or his attorney and shall he replied to by
an affidavit; that the plaintiff S declaration
in said faction of trespass" shall consist
OF concise statement Of the plaintiffs
demand particularly specifying the wrong.
full tortious, unlawful and injurious in
fringement of plaintiffs right created 9TH
erwise than by contract, or the fraudulent,
u
however imposed, whether by law or
otherwise, or the negligent, wrongful tor
ttous and injurious breach of q duty
whether the breach consist of malfeasance,
nonfensancs or misfeasance on the part of
the defendant; that the statement shall
hp signed by the plaintiff or his attorney;
that special pleading is hereby abolished
in the action heretofore mentioned us be-
ing merged in the action of assumpsit and
trespass; that in the action of assumpsit
the plea Of the general issue shall be mon
assumpst:" that the defendant in the
action of assumpsit shall be at liberty. in
addition to the plea OF "non-assumpsit,
to plead payment, set off, and also the
bar of the Statute of Limitations and no
other pleas; that the only plea in the
action of trespass shall he mot guilty.
that the defendant shall plead to the said
action on or before the first return day
after the filing of said statement or declaTa-
ton and in default thereof the prothono-
tary may, on motion, enter the plea of the
general issue ut any time; that the plead
ings in all courts shall be subject to the
rules of the respective courts as to notice
of special matter; that the true intent and
meaning Of this act is that it applies only
to the present action of assump3it, debt,
covenant, trespass, trover and trespass in
the case and that all other actions now ex-
listing shall remain as heretofore and are
| in no way affected by the passage of this
act; that rs to the action herein recited it
| applies to the procedure only and the
legal rights of the party are not in any
way to be affected thereby.
WHITE CLAY CREEK MANUFACTURERS co.
Representative Pyle has introduced an
act to incorporate the White Clay Creek
| Manufacturing Co. 1t desires to buy. sell
and manufacture all kinds of phosphates
| and fertilizers and all kinds of machinery,
farming implements and tools made of
| lumber, iron or any other material. Its
principal office is TO be in White Clay
Creek hundred. The incorporators are
Samuel NJ. Donnell, John f. Lewis and
franklin Mclaughlin.
COUNTY ROADS IN NEW CASTLE CITY.
Representative Pyle has introduced an
act to repeal chapter 756 Vol, XIX, Laws
Of Delaware, and to repeal ami supple
ment section rs. chapter l52, Vol. Nv,
Laws of Delaware, entitled "Of the city of
New Castle" The supplement provides
that the county roads passing through the
limits of the city Of New Castle shall con.
tinue to be kept up and repaired by the
hundred and county of New Castle as
heretofore and that the receiver of taxes
for said county shall pay over 30 per cent
of the road taxes laid on and collected
from persons and estates within said city
to the treasurer of that city and held by
him for the use of the city, subject to the
order and direction of the City Council;
that this shall apply to and include the
road taxes as aforesaid for the present
year; that for the purpose of ascertaining
the amount to be paid said city the re-
ceiver OF taxes, in collecting the road tax
for New Castle hundred, may examine any
person whose name appears upon the
duplicate for said hundred, upon oath or
affirmation, administered by said receiver,
to ascertain what persons and estates are
within the limits of said city, in order to
assist him in calculating the amount due
and to be paid said city as aforesaid; that
If any person making such affidavit shall
knowingly swear or affirm falsely he shall
be guilty Of perjury and shall be punished
accordingly.
SATURDAY HALF HOLIDAY.
Representative Pyle's Saturday Half
holiday bill is as follows:
Sec l. That every Saturday from ant
after the first day of June, in the year 1885
which, under existing laws, shall not be
came legal holiday in its entirety. shall
be legal holiday in the city of Whining
ton from and after II o'clock, noon. tu
all purposes respecting the presentation
for payment or acceptance or the protest
ing or giving notice of the dishonor of bill
of exchange, bank checks. drafts, promis
sorry notes and all commercial paper what
| sOeNCT, NIeIutI lldue DcluTt OF uIlGr III
passage of this act; and all such bills o
exchange bank checks. drafts promis
sorry notes and commercial paper which
otherwise would be due and payable, o
presentable for acceptance or payment OF
such half-holiday Saturday in the city o
Wilmington shall therein be due and pay
able, or presentable for acceptance or pay
ment at or before II o'clock, noon, OF
such day; provided, however, that for tn
| DurDOse of protesting or otherwise hOldin
liable any party to any bill of exchange
check, draft or promissory note, an,
which shall not have been paid before |
o'clock, noon, of any Saturday designate
a half-holiday as aforesaid, Il demand o
acceptance or payment thereof may b
made at any time OH SAID Saturday after l
: o'clock, noon, and notice of protest or dis
honor thereof may be given at any tim
D OIL such Saturday us now provided By law
Sec. .. That all acts or parts of acts il
consistent herewith be and the same ar
hereby repealed.
WILMINGTON WHIST CLUB.
Representative Pyle has introduced a
act to incorporate the Wilmington Wits
] Club. It's incorporators are Frederic Pyl,
, William II, Swift, Lewis q. Vandegrit
Edward 4. Belts, j. Ernest Smith an
George Tatnall and it is seeking to obtai
authority TO organize, establish and man
. tain literary and social club in Whining
. ton. Its capital stock is to be not less tina
$1,000 nor more than $4,000, to consist {
shares OF the par value of So each.
UNIFORM MOVING DAY.
/ Representative Davis bill in relation
i landlords and tenants provides that n
!. contracts of lease of lands, tenements an
a Entertainments made by and between Liant
g lords and tenants in this state, and whic
!. shall be made for a term of not less tina
=, | nue war shall Drpvile ALWAYS that sal