GERERAL PROVISIONS RESPECTING TRADE. CHAPTER 63. TITLE NINTH. REGULATIONS CONCERNING TRADE. CHAPTER 63. General provisions respecting trade. Chap. 195, vol. 11; Chap. 192, vol. 15; Chap. 446, vol. 16; Chap. 551, vol. 17; Chaps. 615 and 697, vol. 18; Chaps. 694 and 695, vol. 19; Chap. 177, vol. 19. CHAPTER. 67. Of the sale and inspection of bread stuffs, &c. Chaps. 85 and 217, CHAPTER 68. Chap. 92, vol. 16; Chap. 146, CHAPTER 69. Of pilotage; navigation and vessels. Chaps. 152 and 153, vol. 13; Chap. 449, vol. 16; Chaps. 145 and 555, vol. 17; Chap. 141, vol. 18; Chaps. 115 and 117, vol. 15; Chap. 618 and 244, vol. 18. SECTION 1. The legal rate of interest is six per centum per an- Rate of interest. num; and if any person shall directly, or indirectly, take for the loan, or use of money, more than six dollars for the loan, or use, of one hundred dollars, for one year, and in that proportion, he shall forfeit and pay, to any one who will sue for the same, a sum equal Penalty for to the money lent-one half for the use of the person so suing, and usury. the other half for the use of the State. SEC. 2. All checks, notes, drafts, or bills, foreign or inland, pay- Days of grace. able without time, or at sight, are due and payable on presentment, Chap. 69, vol. 11. without grace. [Days of grace shall be allowed on all drafts, or bills, foreign or inland, payable at a future or different time from that in which they are dated, or which are made payable on a particular day after date.] [But no days of grace shall be allowed on Chap. 143,vol.17. checks payable at a future or different time from that in which they No days of grace are dated, or which are made payable on a particular day after able at time date.] on checks pay differing from date. Damages on foreign bills dishonored. Sale of goods void as to third parties, when. Goods returned GENERAL PROVISIONS RESPECTING TRADE. CHAPTER 63. SEC. 3. The damages on bills of exchange, drawn on any person beyond seas, and returned unpaid, with legal protest, shall, as to the drawer, indorser, and all concerned, be at the rate of twenty per centum on the contents of such bills, in addition thereto. STATUTE OF FRAUDS AND PERJURIES. SEC. 4. No sale, whether with or without bill of sale, of any goods or chattles, within this State, shall be good in law, (except as against the vendor,) or shall change, or alter, the property in such goods or chattels, unless a valuable consideration for the same shall be paid, or in good faith secured to be paid, and unless the goods and chattels sold shall be actually delivered into the possession of the vendee, as soon as conveniently may be after the making of such sale. And if such goods and chattels, so sold, shall afterward come into liable to vendor's and continue in the possession of the vendor, the same shall be liable to the demands of all his creditors. debts. Promise to pay under $5, proved by the party. SEC. 5. All promises and assumptions, whereby any person shall debt of another, undertake to answer, or pay, for the default, debt, or miscarriage, of another, any sum under five dollars, being proved by the oath, or affirmation, of the persons to whom such promise and assumption shall be made, are good and available in law to charge the party making such promise or assumption. Promise to charge executor, &c., personally, or to charge the debt of another from $5 to $15 proved by cred itable witnesses or by writing, signed by the party. Agreements in marriage; or est in land. Not to be per or to charge another more than $25. SEC. 6. No action shall be brought, whereby to charge any executor, or administrator, upon any special promise to answer damages out of his own estate, or whereby to charge any defendant, upon any special promise, to answer for the debt, default, or mis carriage of another person; of the value of five dollars, and not exceeding twenty-five dollars, unless such promise and assumption shall be proved by the oath or affirmation, of one credible witness, or some memorandum, or note in writing, shall be signed by the party to be charged therewith. SEC. 7. No action shall be brought whereby to charge any perconsideration of son upon any agreement made upon consideration of marriage, or respecting inter- upon any contract or sale of lands, tenements, hereditiaments, or any interest in, or concerning them, or upon any agreement that is formed in a year; not to be performed within the space of one year from the making one for debt of thereof, or to charge any person whereby to answer for the debt, default, or miscarriage, of another in any sum of the value of twenty-five dollars and upwards, unless the same shall be reduced to writing, or some memorandum, or note thereof, shall be signed by the party to be charged therewith, or some other person thereChap. 451, vol. 13. unto by him lawfully authorized [by writing] except for goods, wares, and merchandise, sold and delivered, and other matters which are properly chargeable in an account, in which case the oath or affirmation of the plaintiff, together with a book regularly and Must be in SIGNED; excep- GENERAL PROVISIONS RESPECTING TRADE. CHAP. 63. ADDITIONAL ACTS. fairly kept, shall be allowed to be given in evidence in order to charge the defendant with the sums therein contained. ASSIGNMENT OF BILLS AND SPECIALTIES. asssgns. SEC. 8. All bonds, specialties, and notes in writing, payable to Bonds, &c., payany person, or order, or assigns, may be assigned, or indorsed, and able to order or the assignee, or indorsee, his executors, administrators, or assigns, Assigned. may again assign, or indorse the same, and so, as often as may be desired; and the assignees, or indorsees, or their executors, or administrators, may, in their own name, sue for and recover the money Effect of. due thereon; provided always, that all such assignments of bonds, Under seal and or specialties, shall be under hand and seal, and before at least two credible witnesses.* before witnesses, ward released by And it shall not be in the power of the assignors, or indorsors, Not to be afteror their executors, or administrators, to release, or discharge, any assignors. sum due by such bonds, specialties, or notes, after the date of such assignment; and no release, receipt, or discharge from him, or then, made after the date of such assignment, shall be good or available. SEC. 9. An obligation, or written contract, of several persons, Joint and several shall be joint and several, unless otherwise expressed. CHAPTER 195, VOL. 11, LAWS OF DELAWARE. AN ACT CONCERNING THE PAYMENT OF PROMISSORY NOTES, CHECKS, AND BILLS OF EXCHANGE. contracts deemed as due SECTION 1. From and after the passage of this act, payment of all notes, checks or Notes, checks, &c., falling due other instruments negotiable by the laws of this State, and becoming payable on Christon Christmas or mas day, or the fourth day of July, [or the day recommended by the Governor of this Fourth of July State as a day of Thanksgiving, commonly called Thanksgiving Day, whenever the on the secular day next precedsame shall be so recommended] shall be deemed to become due on the secular day ing said days. next preceding the aforementioned days respectively; on which said secular days, de- Chap. 14, vol. 12. mand of payment may be made, and in case of non-payment or dishonor of the same, protest may be made and notice given in the same manner as if such note, check, bill of exchange, or other instrument, fell due on the day of such demand, and the rights and liabilities of all parties concerned therein, shall be the same as in other cases of like instruments legally proceeded with; Provided that nothing herein contained shall be so construed as to render void any demand, notice, or protest made or given, as heretofore at the option of the holder, nor shall the same be so construed as to vary the rights or liabilities of the parties to any such instruments heretofore executed. Passed at Dover, February 10, 1855. CHAPTER 192. VOL. 15, LAWS OF DELAWARE. AN AOT MAKING THE FIRST DAY OF JANUARY, AND THE TWENTY- *NOTE -One witness is sufficient under the provisons of Chapter 213, Vol. 18, Laws of Delaware, Birthday," declared legal holidays. Negotiable paper falling due on legal holidays. When payable. Proviso. Legal holidays, Personal notice not necessary. Protest mailed GENERAL PROVISIONS RESPECTING TRADE. CHAP. 63. ADDITIONAL ACTS. ruary in each year, known as "Washington's Birthday," are declared legal holidays, and all the provisions of chapter 195, vol. 11, Laws of Delaware, page 357, Revised Code of 1874, entitled "an act concerning the payment of promissorys notes, checks and bills of exchange" are hereby extended, and are in all cases to be deemed and taken as applicable to the aforesaid first day of January and twenty-second day of February. Passed at Dover, February 5, 1875. CHAPTER 446, VOL. 16, LAWS OF DELAWARE. AN ACT CONCERNING NEGOTIABLE INSTRUMENTS. SECTION 1. That whenever hereafter any of the several days called "New Years Day," "Washington's Birth Day," "Fourth of July," and "Christmas" shall happen to fall on Sunday, then from and after the passage of this act, payment of all bills of exchange, notes, checks, or other instruments negotiable by the laws of this State, and becoming payable on the Monday next succeeding such Sunday, and being hereafter made shall be deemed to become due and payable on the Saturday next preceeding such Sunday, on which said Saturday demand of payment may be made, and in case of non-payment or dishonor of the same, in anywise, protest may be made and notice given and all other things done in the same manner as if such bill of exchange. note, check, or other instrument fell due on such Saturday, and the rights and liabiliities of all persons concerned therein shall be the same as in other cases of like instruments legally proceeded with: Provided, that nothing herein contained shall be so construed as to render void any demand, notice or protest made or given, as heretofore, at the option of the holder, nor shall the same be so construed as to vary the rights or liabilities of the parties to any such instruments heretofore executed. Passed at Dover, March 8, 1881. CHAPTER 551, VOL. 17, LAWS OF DELAWARE. AN ACT CONCERNING LEGAL HOLIDAYS. SECTION 1. That whenever any legal holiday, other than Sunday, shall fall on a Sunday, the next day shall be observed as such legal holiday; provided, that this act shall not be construed to alter or change any law or custom concerning the payment of promissory notes, checks, or bills of exchange. Passed at Dover February 17, 1885. CHAPTER 615, VOL. 18, LAWS OF DELAWARE. AN ACT CONCERNING NOTICE OF PROTEST OF PROMISSORY NOTES. SECTION 1. That hereafter it shall not be necessary that personal notice of protest shall be served on any indorser of any promissory note payable at any bank within this State; but in all cases, it shall be sufficient to fix the responsibility of such indorser to mail for him notice of such protest. Passed at Dover, April 24, 1889. GENERAL PROVISIONS RESPECTING TRADE. CHAP. 63. ADDITIONAL ACTS. CHAPTER 697, VOL. 18, LAWS OF DELAWARE. AN ACT DECLARING MEMORIAL DAY" A LEGAL HOLIDAY. SECTION 1. That the thirtieth day of May in each year, be and the same is hereby Thirtieth day of May a legal declared to be a legal holiday within this State. holiday, SEC. 2. That from and after the passage of this act, payment of all notes, checks, Notes falling due or other instruments negotiable by the laws of this State, and becoming payable on the on thirtieth of May when said thirtieth day of May in any year hereafter, shall be deemed to become due and payable. payable on the secular day next preceding that day, on which said secular days, demand of payment may be made and in case of nonpayment or dishonor of the same, protest may be made and notice given in the same manner, and with the like legal Protest. effect, as if such note, check, bill of exchange or other instrument, fell due on the day of such demand, and the rights and liabilities of all parties concerned therein shall be the same as in other cases of like instruments legally proceeded with; Provided, Proviso. that nothing herein contained shall be so construed as to render void any demand, notice or protest made or given as heretofore at the option of the holder, nor shall the same be so construed as to vary the rights or liabilities of the parties to any such instruments heretofore executed. Passed at Dover, April 10, 1889. CHAPTER 694, VOL. 19, LAWS OF DELAWARE. AN ACT MAKING SATURDAYS, FROM JUNE TO SEPTEMBER, INCLUS- poses in New SECTION 1. That every Saturday, from the first day of June to the thirtieth day of Saturdays after September, inclusive, which under existing laws shall not become a legal holiday in its from June 1 till 12 o'clock M., entirety, shall be a legal holiday in New Castle county, from and after 12 o'clock noon, September 30, halt holidays for for all purposes respecting the presentation for payment or acceptance, or the protest- banking puring or giving notice of the dishonor of bills of exchange, bank checks, drafts, promis- Castle county. sory notes, and all commercial paper whatsoever, whether made before or after the passage of this act; and all such bills of exchange, bank checks, drafts, prommissory notes and commercial paper, which otherwise would be due and payable or presentable for acceptance or payment on such half-holiday Saturday in New Castle county, shall therein be due and payable, or presentable for acceptance or payment at or before twelve o'clock noon on such day. Provided however that for the purpose of protesting, or otherwise holding liable any Proviso. party to any bill of exchange, check, draft, or promissory note, and which shall not have been paid before twelve o'clock noon of any Saturday designated a half-holiday Time of demand as aforesaid, a demand of acceptance or payment thereof may be made at any time on said Saturday after twelve o'clock noon, and notice of protest or disnonor thereof may be given at any time on such Saturday, as now provided by law. SEC. 2. That all acts or parts of acts inconsistent herewith be and the same are hereby repealed. Passed at Dover, February 22, 1893, for acceptance, etc. |