Delaware General Assembly

CHAPTER 281.

OF THE COMMENCEMENT OF ACTIONS.

AN ACT Providing for the Commencement of Actions against Persons or Corporations Issuing Worthless Checks on Overdrawn Accounts, or Slips or Memoranda which have not been paid, by Attachment Process.

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 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 now 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, provided, however, that nothing in this Act shall confer jurisdiction upon any Justice of the Peace where the debt, not including the interest claimed to be due on said debt, or the damages, exceeds the sum of Two Hundred Dollars.

Section 2. The said writ, if issued by a Prothonotary shall be framed, directed, issued, executed and returned 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, issued, executed and returned, and like proceedings had as 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 executing any writ of attachment under the provisions of this act may also attach the lands and tenements, goods and chattels, rights and credits, moneys and effects of the defendant or defendants.

Section 4. Every writ issued under the provisions of 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 endorsed upon the said writ.

Approved March 17, A. D. 1913.