Smyrna times., 1925-03-25
SENATE APPROVES BILL FOR
SIMPLER COURT PLEADING
BAR ASSOCIATION FOR SIMPLI-
FICATION FORMS CARRIED OUT
Ward, Richards Speak-CriminaI and
Civil Procedure To Be Clarified
By Series of Bills in Court

=
by the State Bar Association, simpG-
flying and clarifying legal procedure
and practice in the Delaware courts.
The bills were explained by Robert
H. Richards and Herbert H. Ward at
tOrneys, of Wilmington, and Attorney
General Clarence A. Switzerland. One
of the measures, against which there
was some opposition, five votes be-
ing recorded against it, places the re-
sponsibility for damages in the case
of an accident, where the owner of an
automobile permits it to be used by
some other member of his family,
upon the owner.
Mr.. Richards explained that under
the present law, in case of accident,
the person driving the car, through
whose negligence the accident hap
pens, is liable only if he is the owner
or an agent of the owner. Senator
Ridgely expressed the opinion that
there should be some responsible
source that a person injured or whose
property is damaged might appeal to
or sue. He said he thought owners
of automobiles should be held respon-
sible if they permit their wives or
any other member of the family to
take their machines out on the high
ways. The bill was passed by vote
of II to 5, Senators Allen, AttiX, Jes-
ter, Lord and Viven voting against it.
To Simplify Method of Pleading
Another measure, explained by Mr..
Ward, would permit the Chief Justice
and the associate judges to establish,
abridge or modify rules governing
causes for action in the courts, and
simplifying the method of pleading.
The present laws, Mr.. Ward said, are
very complex, coming down from an
cient times, and the bill would enable
the courts to frame rules for pleading
and practice, which they could change
if experience showed notifications
were necessary.
Other bills approved by the Bar
Association, which were acted upon
under a motion adopted Tuesday max
ing them special order of business
were as follows:
For violation of probation orders
the defendant may be brought into
court and tried under the original in
dictment or sentenced if he had been
paroled after having been convicted.
A bill making it a misdemeanor,
punishable by fine or Imprisonment,
or both, the courts may determine,
for the obtaining of any property,
signature to paper, OF any other act
which may be committed with intent
l to commit fraud.
A bill amending the present law
g relative to gaming tables to include
\ any kind of a gambling device. The
e present law Furnishes only the pro-
e prietor of a place where gaming.
tables are used. The new act would
include anyone using any kind of
gambling device.
Requiring that when any piece of
land condemned for public purposes
. record shall be filed both in the
! Recorder of Deeds office and the Of
flee of the PrOthOnOtary.
;. Relating to recovery to judgements
= and permitting the collection of judg-
n ments either from the chattels or the
?. surety of the defendant.
e Doing away with the necessity fol
all members of a jury to sign a re-
+ port by handling civil cases, involving
e damages, in the Superior Court, the
# same as any other jury case.
Simplifying the method of satisfy
ing judgements where the amount
n does not exceed $500.
o Giving the court authority to re-
Y ouire defendant to come before the
If court in mandamus proceedings, in
IS stead of merely making a written re
ply to the plaintiffs petition.
a Abolishing the right of a creditor
n to try to collect a debt by assuming
Il possession of a defendants property
putting a creditor in a position where
> he has possession for seven years in
stead of an immediate foreclosure.
4 Plain Indictments Wanted
a One of the most important meas
n ures passed is one which requires in
dictments to contain a plain state
ment of the charges against a defend
ant in non-technical language, and j
a companion bill to the one permit
IS ting the courts to frame simplifie,
ne rules of pleading and practice.
he Mr.. Switzerland explained that tn
is old form of Indictment is excessivel.
it technical and often very lengthy
er sometimes occupying seven or eigh
is typewriter sheets in an effort to in
e form person indicted what he is in
RI dicted for. He said a person accuse
er very often is unable to fully under
ke stand what he is charged with be
og cause of his inability to underStan,
en- the technical language used in the in
dictment. The bill, he said, would re
Us lieve the attorney generals office o
e considerable unnecessary work.
as hill piVinU the cOuTt discretion il