Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-08-22

AS result of the passage of an act
entitled IAN Act Concerning the
Attachment of Wages. " by the Gen
eral Assembly, at its last session, some
merchants have sought recently to at
tach wages for bills incurred prior to
it; passage and, also, for clothing and
other articles not contemplated in the
act. A well-known attorney has ex-
amined the act and gives the opinion
that it dOes not apply to bills incurred
before 1t became law, which was on
February 10Th of the current, year, and
that no bills can be collected under it
except such as are incurred for food,
provisions and articles used IN the
home; neither can there be, in his
opinion, more than one attachment
against any wages due. His analysis
of the law is as follows:
First. A debt for which an attach
ment lies must be incurred subsequent
to February 10Th, 1901.
Second. Such debt must be incurred
for the necessaries of life, ;" which are
defined as food. provisions and articles
used in the home.
Third. That any wages due are
liable to only one attachment.
Fourth. That the amount of an at
taohment cannot exceed one month g
wages.
The act, which was approved by Gov.
Hum on February 18th, Of the current
year, reads as follows:
Section ]. That from and after the pas
sage of this act 10 per centum of the amount
of the wages for labor or SERVICES of any
person residing within New Custle county
shall be subject to and liable to mesne at
tachment process and execution attachment
process under the laws Of this State, for or
on account of any debt created and incurred
subsequent to the passage Of this act,, there
by Hment ing section /, chapter 542, Vol.
XVI, Laws of Delaware, as amended by
chapter 222, Vol. XVIII, Laws of Della ware,
and making the same to read: THAT on
and after the passage of this act so per
centum of the amount of the wages foF labor
or service of any person residing within
New Castle county, shall be exempt from
mesne attachment process and execution at
tachInent process, under the laws Of this
State. Except where the said execution at
tachment process is for board or lodging or
both, as the case may be,and for an amount
not exceeding $50, exclusive of costs. )''
Sec. 2. That the provisions of this act as
to the liability to attachment process of 10
PER centuin of wages for any debt shall ap-
ply solely to debts incurred for or on ac-
count of the purchase of food, provisions and
articles used in the home, commonly desig-
mated as the necessaries of life.
Sec. 3. That on any amount of wages due
for stated and regular period mot exceed2
lug one month"; for the payment of such
wages, only one attachment may be made
and any creditor causing such attachment to
be made shall have the benefit of his
priority, and further provided that the gar
nishee in any attachment made under tho
provisions of this act shall be paid the sum
Of 15 cents, and that the total liability of
the debtor for costs under any attachment
Land in accordance with the provisions Of
this act shall not exceed the sum of 80 cents,
provided, however, that said costs incurred
In the laying Of any attachment under this
act shall be paid out of the whole amount
of said wages attached, notwithstanding the
provisions of section of this act, exempt
ing 80 per eentum of wages.
In several instances recently attach
ments have been laid for clothing and
other articles not contemplated in the
act. Owing to the fact that the laws
of the recent session of the General
Assembly have not been printed, most
people affected are in ignorance OF the
act referred to, but some of those in
terested have secured a copy and are
prepared TO contest any attachments
which are thought to be illegal.