CHAPTER 174

JUSTICES JURISDICTION IN TRESPASS, REPLEVIN AND DETINUE CASES FILING OF AFFIDAVIT BY DEFENDANT DENYING AGENCY OF OPERATOR PROVIDED FOR

AN ACT TO AMEND CHAPTER 122 OF THE REVISED CODE OF DELAWARE, 1935, RELATIVE TO JUSTICES' JURISDICTION IN TRESPASS, REPLEVY AND DETINUE CASES, PROVIDING FOR FILING OF AFFIDAVIT BY DEFENDANT DENYING AGENCY OF OPERATOR.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. Amend Chapter 122 of the Revised Code of Delaware, 1935, by adding after 4545, Section 3, a new section to be known as 4545A, Section 3A, as follows :

4545A. Section 3A. When said statement of injury shall allege the operation of a vehicle by a servant, agent or employee of defendant, it shall not be necessary for the plaintiff at the trial to prove that the person operating said vehicle was a servant, agent or employee of the defendant or that said servant, agent or employee of the defendant was at the time of the occurrence for which said action is brought was operating said vehicle in and about the course of his duties as a servant, agent or employee of defendant, but the same shall be taken to be admitted as alleged in said statement of injury unless the defendant, or when there is more than one defendant, some one of the defendants, shall have filed at the latest upon the second day before the time fixed for trial an affidavit denying that the operator of said vehicle was operating the same as a servant, agent or employee of defendant, or that said operator of said vehicle was operating the same in and about the course of his duties as a servant, agent or employee of defendant.

Approved April 16, 1943.

such at first, or such by consent after a prior term ended, the he shall fail to do so the case shall be within the provisions of this Chapter.

at the end of the said term or estate or at the time fixed, or, in a case of occupancy by sufferance or in which the term of occupancy person permitting such occupancy, or his heirs or assigns, pancy is not fixed, at the time specified in said notice; and if writing to the tenant in possession under such demise, or to deliver full possession of the said premises to the lessor or to occupant or any person coming into possession under him, shall occupancy is not fixed, or his heirs or assigns, shall, one month occupancy in the notice hereafter referred to, give notice in such occupant, to remove from the premises, such tenant or or upward before the time fixed for the termination of such permit another to occupy or enjoy any house, lands or tenements by sufferance, or under such condition that the term of such lands or tenements, for one or more years, or less time, or at will, or his heirs or assigns, shall, three months or upwards, before the end of such term or estate, or if any person who shall inserting in lieu thereof the following:

How Laid:--If any person who shall have demised any house, the same hereby is, amended by striking out said Section and Code of Delaware, 1935, being Section 4570 of said Code, be, and:

"In every case of a tenancy from year to year, whether