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An Act to render valid the acknowledgment of certain Deeds.

WHEREAS there are many conveyances of lands within this State, of long standing, executed and delivered bona fide by par- Preamble. ties resident in other States, who were therefore unacquainted with the requirements of the Statutes of this State in relation to the acknowledgment of deeds, which have not been acknowledged in accordance with the requirements of the laws of this State in force at the time of their execution, and under which the parties grantee, named in the said conveyances, have entered into and held. quiet and uninterrupted possession of the premises so conveyed for a long number of years; AND WHEREAS such deeds cannot be admitted to record because of such defect; Therefore,

ted prior to

recorded.

SECTION 1. Be it enacted by the Senate and House of Represen- Certain tatives of the State of Delaware in General Assembly met, That deeds execuit shall and may be lawful for the Recorders of Deeds in and for 1823 may be the several counties of this State to receive and admit to record any deed, duly signed and sealed by the parties therein_named as grantors, which was executed prior to the year A. D. 1825, though the acknowledgment of any such deed, or private examination of any married woman being party thereto, may not have been taken and certified in conformity with the laws of this State existing at the time of the execution of any such deed, and when any such deed shall be so recorded, the record, or a certified copy thereof, shall be competent evidence; and all and every such deed executed as aforesaid, when recorded, shall be as good and effectual in law as if the same had been acknowledged and the acknowledgment certified in accordance with the law existing at the time of their execution.

Said deeds to

grantor, and

claiming

SECTION 2. And be it further enacted by the authority aforesaid, That no person, being grantor in any conveyance mentioned in be concluthe first section of this act, or claiming by, through, from, or sive against under any such grantor, shall make an entry into or have or persons maintain any action for, or make any claim to or in any lands, under him. tenements or hereditaments mentioned and contained in any conveyance defective as set forth in the first section of this act, and executed prior to the said year A. D. 1825, and of which the parties named in such conveyances as grantees, and their assigns, have held quiet, uninterrupted and exclusive possession since the execution of said conveyances, but shall be forever debarred

OF CIVIL ACTIONS IN GENERAL.

therefrom without any saving or exception whatsoever, unless
such entry be made or action brought within six calendar months
from and after the passage of this act.
Passed at Dover, February 15, 1866.

Ordinances

tions to be

evidence.

CHAPTER 30.

EVIDENCE.

SEC. 1. Ordinances and Resolutions of the City | SEC. 1. To be admitted as evidence, &c.
Council of Wilmington.

An Act providing for the Proof of the Ordinances and Resolutions of the
City Council of Wilmington.

Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met, as follows:

SECTION 1. The printed copies of the Ordinances and Resoluand resolutions of the City Council of Wilmington, whether of a public or private nature, published by authority of "the City Council," shall be admitted as evidence thereof in all courts of law or equity, and on all occasions whatever, and in pleading it shall not be necessary to recite or draw them out at large. Passed at Dover, January 25, 1866.

CHAPTER 31.

SURVIVENCY OF ACTIONS FOR PERSONAL INJURIES.

Action not to abate.

SEC. 1. Action does not abate on death of plain-
tiff.
Personal representatives substituted as
plaintiff.

SEC. 2. Widow of deceased may bring such action.

If no widow, the personal representatives.

An Act in relation to Injuries or Death, occasioned by unlawful riolence

or negligence.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met,

SECTION 1. That no action hereafter brought to recover damages for injuries to the person by negligence or default, shall abate

OF CIVIL ACTIONS IN GENERAL.

representa

by reason of the death of the plaintiff; but the personal repre- Personal sentatives of the deceased may be substituted as plaintiff and tives. prosecute the suit to final judgment and satisfaction.

Widow of

action.

SECTION 2. Whenever death shall be occasioned by unlawful violence or negligence, and no suit be brought by the party deceased injured to recover damages during his or her life, the widow of may bring any such deceased person, or if there be no widow, the personal or personal representatives may maintain an action for and recover damages for the death thus occasioned.

Passed at Dover, January 26, 1866.

representa

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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 com

mon

Rev. Code, 376.

unincorpo

Of the judg

name, (ordinary partnerships excepted,) suits may be Suits against brought and the pleadings conducted against the individuals rated assocomposing such association by such common name, and judgment ciations. recovered therein shall be a lien like other judgments, and may ment and be executed by levy, seizure and sale of the personal and real execution. 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 Certificate to be first certified by an officer of such association to the Pro- be filed.

neglect.

CONCERNING CITIES AND TOWNS.

Penalty for thonotary 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.

No declaration required

Where no

judgments

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 declaration taken to be invalid because it does not appear that declaraany not invalid. tion 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 Declaration such declaration shall allow such declaration to be filed, nunc tune. 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.

nunc pro

Act to be additional.

SECTION 4. This act shall be taken to be an addition to Chapter 106 of the Revised Code, and hereafter shall be read and conFuture pub- strued 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.

lications.

Passed at Dover, February 9, 1866.

* So in enrolled bill.

Rev. Code, 209.

Sec. 67 of
Chap. 73

Rev. Code,

Rev. Code, 209.

CHAPTER 33.

OF THE CITY OF WILMINGTON,

SEC. 1. Sec. 67 of Chap. 73, amended.

SEC. 1. In relation to footways, gutters and curbs.

An Act to amend Chapter 73 of the Revised Code entitled, “ Of the City of

Wilmington."

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each house concurring,)

SECTION 1. That Section 67 of Chapter 73 of the Revised Code be amended by the addition thereto of the following words in relation to and figures, viz: And the City Council may further in their disthe footways cretion in granting such application, cause such street, lane or curbs, amen- alley, or any part thereof, to be paved between the curbings agreeably to the true regulations of said street, lane, or alley,

gutters and

ded.

CONCERNING CITIES AND TOWNS.

under the direction of the street committee, in the same manner,
with the same powers and effect, to the same extent, and subject
to the provisions of Section 24 of an act to amend the Charter
of the City of Wilmington, passed at Dover, February 20, 1857,
the same as if their said action were taken under the authority
of said last mentioned section; and upon the application of two or
more freeholders, residing or holding property on such street,
lane, or alley, to cause it to be paved.
Passed at Dover, January 25, 1866.

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An Additional Act to amend Chapter 73 of the Revised Code entitled, Rev. Code,
Of the City of Wilmington.”

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Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each branch thereof concurring, as follows:)

209.

of the city.

SECTION 1. The city council shall have the entire jurisdiction Control of and control within the limits of said city of the drainage thereof, the drainage and may pass ordinances for the opening of gutters, drains and sewers within the limits thereof, and the regulating, maintaining, cleansing and keeping the same and the natural water courses, runs and rivulets within the said limits open, clear and unobstructed, and for that purpose may authorize the entry upon private land, and by general regulations prescribe the mode in which they shall be opened, maintained, cleansed and kept open and unobstructed and who shall bear the expense thereof, and may, in its discretion, assess the costs thereof upon the persons and property, real and personal, of those particularly benefited thereby, or of those owning or holding lands through or along which said sewers, drains or water courses shall flow or pass, and prescribe the mode of collection thereof: Provided, That nothing Proviso herein contained shall be construed to authorize the taking of private property for public use without just compensation. Passed at Dover, January 30, 1866.

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