Hi,
I would love some feed back on this.
To make a long story short, there is a 1976 statute section to which the
only change made since then has been to change the words "maintain an
action..." to "institute an action..."
I have a patron who is researching this statute. There is no leg
history that we can find specific to this minor change.
I think it's just a "plain language initiative change", done to remove
the rather outdated "maintain an action" (in its original usage, as you
see in older law, like "Plaintiff could not maintain an action in
trespass if blah blah...).
I do not think there WAS any legislative intent to alter the meaning of
the rest of the clear section, and that Institute an action just means
START a litigation on this topic. And that "maintain an action" really
is just an old way to say "bring a court case."
Patron never heard of "plain language", and I can't prove it! Does
anyone else see anything MORE in that change?
Lorelei A. Broskey, MLS
Director of Library and Information Services
Lehigh County Law Library
455 W. Hamilton St
Allentown, PA 18101-1614
610-782-3308
fax 610-820-3311
The web site for the
Court of Common Pleas of Lehigh County is:
www.lccpa.org
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