AN ACT to Amend Chapter 126 of the Revised Code of the State of Delaware, Relating to Attachments.
Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met:
Section 1. That Section 4121, being Section 4 of Chapter 126 of the Revised Code of the State of Delaware, be and the same is hereby repealed and the following substituted in lieu thereof:
4121. Section 4. UNINCORPORATED ASSOCIATIONS; SUBJECT TO ATTACHMENT LAWS, WHEN; AFFIDAVIT FOR WRIT; PURPORT OF; WRIT HOW FRAMED, DIRECTED, ISSUED, EXECUTED AND RETURNED; WHAT MAY BE ATTACHED; PROPERTY OF INDIVIDUAL MEMBERS MAY BE ATTACHED; AMOUNT OF BAIL; JUSTIFICATION
OF BAIL: 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, and service of such attachment may be made on any officer, director, manager, agent or employee of such unincorporated association, upon affidavit made by the plaintiff or some credible 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 section 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.
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.
Any sheriff, constable or other officer, executing any writ of attachment under the provisions of this section, may attach the lands and tenements, goods and chattels, rights and credits, monies and effects of the defendant association. Any sheriff, constable or other officer executing any writ of attachment under the provisions of this section may also attach the lands and tenements, goods and chattels, rights and credits, monies 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. Every writ issued under the provisions of this section 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 section, shall require the person going bail to
justify in the amount so endorsed upon the said writ.