veyed to Henry Brown in fee) the same having been sold by me to said grantee on the 1st day of June A. D. 1903, after due advertisement according to law, under and by virtue of a writ of levari facias issued on the fourth day of May, A. D. 1903, out of the Court of Common Pleas of said County, as of January Term, 1903, No. 333, at the suit of the said William Smith against the said Harry Brown, defendant, and George Robinson, terre tenant. In witness whereof I have hereunto affixed my signature this fifteenth day of June, A. D. 1903. JOHN JONES, Sheriff. COMMONWEALTH OF PENNSYLVANIA, Ss: Before the undersigned, prothonotary of the Court of Common Pleas of Dauphin County, Pennsylvania, personally appeared John Jones, Sheriff of Dauphin County aforesaid, and in due form of law declared that the facts set forth in the foregoing deed are true, and that he acknowledged the same in order that said deed might be recorded. Witness my hand and the seal of said Court this fifteenth day of June, A. D. 1903. [Seal of Court] ALFRED CLARK, FORM OF MORTGAGE. Know All Men By These Presents that I, William Smith, of the City of Harrisburg, Dauphin County, Pennsylvania, Attorney at Law, acknowledge myself to be indebted to Frank Wilson of said City, County and State, Merchant, in the sum of Three thousand Dollars, and for the purpose of better securing payment thereof do hereby grant and convey in mortgage to said mortgagee All that certain lot or piece of ground with the four story building thereon erected Situate at the North East corner of First and Main Streets in said City, containing in front or breadth on said Main Street fifty feet and extending of that width along the North side of said First Street one hundred feet to a ten feet wide alley, running from said First Street to Second Street (Being the same premises which John Jones, Sheriff of said County, by deed poll bearing even date herewith and intended to be forthwith recorded, granted and conveyed to me in fee) and hereby agree that if I do not at the expiration of six months from the date hereof, and at the expiration of each six months thereafter, pay to said mortgagee or his assigns interest on said debt at the rate of five per centum per annum; or do not pay said debt at the expiration of three years from the date hereof; or do not pay all taxes, water rents, municipal or other public assessments or charges payable out of said property within three months after the same become due; or do not at all times keep the buildings upon said property insured from loss by fire in favor of said mortgagee in at least the sum of $3000, and forthwith deliver the policies or renewal receipts to him; that then and in any such event a writ or writs of scire facias may after thirty days issue upon this mortgage to recover the whole of said debt with all accrued interest thereon, and also all sums paid by said mortgagee or his assigns for taxes, water rents, municipal or other public assessments or charges and insurance, and with legal interest thereon from the date of their payment, and an attorney's commission for collection of three per centum of the amount of said debt; and in that event I hereby waive the benefit of all appraisement, stay and exemption laws now in force or hereafter to be passed so far as the mortgaged property is concerned. The debt to secure which this mortgage is given is also evidenced by a bond and warrant of attorney of like date and amount given by me to said mortgagee. Witness my signature this fifteenth day of June, A. D. 1903. Witnesses present: SAMUEL DICKSON, Before the undersigned, a Notary Public for the Commonwealth of Pennsylvania, residing in Harrisburg in said State, personally appeared William Smith, to me known to be the mortgagor above described, and acknowledged to me that he had signed said mortgage in order that it might be duly recorded. Witness my hand and official seal this fifteenth day of June, A. D. 1903. CHARLES MILLER, [Notarial Seal] Notary Public. Commission expires June 1, 1906. COPY OF DEED. Know All Men by These Presents that we William Smith of the City of Harrisburg, Dauphin County, Pennsylvania, and Mary, his wife, for and in consideration of the sum of One thousand Dollars received by us, do hereby grant and convey to George Robinson of said City, County and State, Physician, All that Certain lot or piece of ground with the four story building thereon erected Situate at the North East corner of First and Main Streets in said City, containing in front or breadth on said Main Street fifty feet and extending of that width along the North side of said First Street One hundred feet to a ten feet wide alley, running from said First Street to Second Street, subject to a mortgage of Three thousand Dollars this day given by the said William Smith to Frank Wilson (Being the same premises which John Jones, Sheriff of said County, by deed poll bearing even date herewith and intended to be forthwith recorded, granted and conveyed unto the said William Smith in fee), and do hereby warrant generally the title hereby conveyed. Witness our signatures this fifteenth day of June, A. D. 1903. Witnesses present: SAMUEL DICKSON, Before the undersigned, a Notary Public for the Commonwealth of Pennsylvania, residing in Harrisburg in said State, personally appeared William Smith and Mary, his wife, to me known to be the grantors above described, and acknowledged to me that they had signed said deed in order that it might be duly recorded. Witness my hand and official seal this fifteenth day of June, A. D. 1903. [Notarial Seal] CHARLES MILLER, Notary Public. Commission expires June 1, 1906. At the last meeting there was also referred back to this Committee with directions to report at this meeting (page 289) a proposed Act relative to procedure (page 117). The Act as then submitted caused much debate, as an Act of that character invariably does. At the request of the Committee, two of its members, Judge McPherson and Mr. Niles, drafted Acts on the subject, and they are herewith submitted. The Committee has not passed upon either of them, but they are now presented in the hope that a discussion may be had upon them which will greatly assist the Committee in reporting a satisfactory Act at the meeting of 1904. JUDGE MCPHERSON'S DRAFT A SUPPLEMENT TO AN ACT ENTITLED "AN ACT PROVIDING FOR THE ABOLITION OF THE DISTINCTIONS HERETOFORE EXISTING BETWEEN ACTIONS EX CONTRACTU AND ACTIONS EX DELICTO, SO FAR AS RELATES TO PROCEDURE AND PROVIDING FOR TWO FORMS OF ACTIONS AND REGULATING THE PLEADINGS THEREUNDER," APPROVED THE TWENTY-FIFTH DAY OF MAY, ANNO DOMINI ONE THOUSAND EIGHT HUNDRED AND EIGHTY-SEVEN, PROVIDING HEREBY THAT IN CERTAIN SUITS THE PLAINTIFF SHALL FILE WITH HIS DECLARATION A SWORN SPECIFICATION OF THE ITEMS OF HIS CLAIM, TO WHICH THE DEFENDANT SHALL BE REQUIRED TO MAKE AN AFFIDAVIT OF DEFENCE, AND THAT ALL AVERMENTS OF FACT IN THE DECLARATION NOT DENIED BY THE AFFIDAVIT OF DEFENCE SHALL BE TAKEN AS TRUE ON THE TRIAL OF THE CAUSE, AND MAKING SIMILAR PROVISIONS CONCERNING THE AVERMENT OF SET-OFF, DEFALCATION, RECOUPMENT OR COUNTER CLAIM BY A DEFENDANT. SECTION I. Be it enacted, etc., That in all actions now pending, or hereafter begun, in any court of record of this Commonwealth on any contract, express or implied, including proceedings by scire facias and by the writ of foreign attachment, the plaintiff shall set out in full the facts constituting his cause of action and shall also file as a part of his declaration a specification of the items of his claim, together with true copies of all books and writings that may be sued upon: but if the contract sued upon is a public record, it need not be copied, but need only be referred to by giving the volume and page, where the record may be found. The declaration shall be verified by affidavit and the defendant shall file an affidavit of defence thereto. All items of the plaintiff's claim and all averments of fact in the declaration that are not directly, specifically and positively traversed and denied by the affidavit of defence shall be regarded as admitted and shall be taken on the trial of the cause to be true. SEC. 2. This act shall apply also to a sworn statement of setoff, defalcation, recoupment or counter claim, if such be averred in the defendant's affidavit of defence. The defendant shall notify the plaintiff that such averment is filed and the plaintiff within fifteen days after such notice shall file a sworn reply and all items of the statement of set-off, defalcation, recoupment or counter claim, and all averments of fact in the defendant's affidavit of defence that are not directly, specifically and positively traversed |