An Act in addition to Chapter 106 of the Revised Code.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met,
SECTION 1. That whenever any business is transacted in this State by an unincorporated association of persons using a common name, (ordinary partnerships excepted,) suits may be Suite against brought and the pleadings conducted against the individuals composing such association by such common name, and judgment recovered therein shall be a lien like other judgments, and may be executed by levy, seizure and sale of the personal and real estate of such association, and also that of the said persons in the same manner with respect to them as if they had been made parties defendant by their individual names; satisfaction thereof may also be obtained by attachment process. And after the first day of July next, no unincorporated association of persons (partnerships as aforesaid excepted) shall transact business in this State unless the individual names of all concerned therein shall be first certified by an officer of such association to the Prothonotary of each county, to be filed in his office; any person violating this provision shall forfeit and pay five hundred dollars to any person who will sue for the same.
SECTION 2. No declaration shall be necessary, nor shall any cognovit be required for the confession of any judgment; and every warrant of attorney authorizing the confession of judgment, whether after declaration filed or otherwise, shall be taken to authorize such confessions without the filing of any such declaration.
SECTION 3. No judgment D. S. B., heretofore entered, shall be taken to be invalid because it does not appear that any declaration or cognovit was filed prior to the entering of the same, but whenever such declaration is required by the bond on which such judgment was entered, the court before whom any question shall be raised about the validity of such judgment for want of such declaration shall allow such declaration to be filed, nunc pro tunc, and the filing thereof, by virtue of such allowance, shall have the same effect as if it had been filed as the authority for the entering of such judgment.
SECTION 4. This act shall be taken to be an addition to Chapter 106 of the Revised Code, and hereafter shall be read and construed as part thereof; and in any addition* of the laws hereafter to be published, it shall be incorporated therein with an appropriate numerical change of sections.
Passed at Dover, February 9, 1866.
* So in enrolled bill.