AN ACT providing for the Commencement of Actions against unincorporated Associations transacting business in this State by Attachment Process.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That a writ of attachment may be issued in any action brought against any unincorporated association of persons using a common name (ordinary partnership excepted) transacting business in this State by such common name, upon affidavit made by the plaintiff or some creditable person or any officer of any plaintiff corporation, and filed with any Prothonotary or Justice of the Peace of this State, that the defendant is an unincorporated association of persons using a common name, and not being an ordinary partnership, transacting business in this State, and that the plaintiff has a good cause of action against the defendant; and the said plaintiff shall also make affidavit of the amounts of the debt or damages which he claims to be due to him from the said defendant, provided, however, that nothing in this Act shall confer jurisdiction upon any Justice of the Peace where the debt, not including the interest claimed to be due on said debt, or the damages, exceeds the sum of Two Hundred Dollars.
Section 2. The said writ, if issued by a Prothonotary shall be framed, directed, issued, executed and returned and like proceedings had as in cases of foreign attachment now authorized by law, and the said writ, if issued by a Justice of the Peace, shall be framed, directed, issued, executed and returned and like proceedings had as in cases of attachment now authorized by law before Justices of the Peace, except as is herein otherwise provided.
Section 3. Any Sheriff, constable or other officer executing any writ of attachment under the provisions of this act may attach the lands and tenements, goods and chattels, rights and credits, moneys and effects of the defendant association.
Section 4. Any sheriff, constable or other officer executing any writ of attachment under the provisions of this act may also attach the lands and tenements, goods and chattels, rights and credits, moneys and effects of any or all of the individuals composing such association in the same manner as if they had been made parties defendant by their individual names.
Section 5. Every writ issued under the provisions of this Act shall have endorsed thereon by the plaintiff, or his attorney, the amount of bail to be taken in such case. Any Prothonotary, Justice of the Peace or other person taking bail in any proceeding under this act shall require the person going bail to justify in the amount so endorsed upon the said writ.
Approved April 4, A. D. 1911.