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Sec. 1. Petitions for partition may be filed in

To whom presented.

SEC. 1. of the order and appointment of Free.

Order when returnable.

An Act to authorize proceedings for Partition of Intestate Lands, to be

begun in vacation.


To whom

SECTION 1. Be it enacted by the Senate and House of Repre

sentatives of the State of Delaware in General Assembly met, That titions for 2 petitions for partition of intestate real estate, or to lay off dower,

and for partition of the residue, may be filed in vacation as well

as in Term time, and when filed in vacation they may be prepresented. sented to the Chancellor or to the Judge of the Orphans' Court

resident in the county where the lands lie; who shall grant an of the order order for, and appoint the Freeholders to make such partition, or'

to assign dower and make partition of the residue; and there

upon an order for partition, or for the assignment of dower and Order when partition of the residue, shall be issued returnable to the next returnable. term of the court, and like proceedings shall be had therein as in

other cases.

Passed at Dover, February 17, 1866.

and Free holders.



Rev. Code, 268.
Sec. 1, Section 10 Chap. S3, amended.

Sec. 1. U, S. Consuls in foreign countries au

thorized to take acknowledgment of Deeds, &c.

Rev. Code,


An Act to amend Chapter 83 of the Revised Statutes of the State of

SECTION 1. Be it enacted by the Senate and House of Represen-

tatives of the State of Delaware in General Assembly met, That 83 Rev. Code Chapter 83 of the Revised Statutes be and the same is hereby

amended by inserting in the fourth line of Section 10, after the word “State," as follows: "before any Consul General, Consul or commercial agent of the United States, duly appointed in any foreign country at the places of their respective official residence; also by inserting in the eighth line of the said section, after the word “his," the word "office."

Passed at Dover, January 30, 1866.




Sec. 1. Certain deeds executed prior to 1825

may be recorded.

SEC. 2. Said deeds to be conclusive against gran

tor, and persons claiming under him.


An Act to render valid the acknowledgment of certain Deeuls. WHEREAS there are many conveyances of lands within this State, of long standing, executed and delivered bona fide by par- Proamble. 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,

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 1825 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.

SECTION 2. And be it further enacted by the authority aforesaid, That no person, being grantor in any conveyance mentioned in Se coneida the first section of this act, or claiming by, through, from, or site 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



tions to be



Sec. 1. Action does not abate on death of plain-


Personal representatives substituted as


SEC. 2. Widow of deceased may bring such ae-


If no widow, the personal representa-


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

or uegligence.

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 dama-
Action not to

ges for injuries to the person by negligence or default, shall abate


Personal representa

Widow of

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

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 tipos for the death thus occasioned.

Passed at Dover, January 26, 1866.



Rev. Code, 376.
SEC. 1. How suits may be brought against uin.

incorporated associations using a com

mon name.
or the judgments recovered, and the

execution thereof.
A certificate of the individual names

composing said associations to be filed
in Prothonotary's office after 1st of
July next.

Sec. I. Penalty for neglect.
2. No declaration required on confession

of judgment.
3. Where no declaration has been filed on

judgments D. S. B. heretofore entered,

such judgments are not invalid.

Declaration to be filed nunc pro tune.
Sec. 4. Act to be additional to Chap. 106 of Rev.

Future publications.

Rev. Code,



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 suits against brought and the pleadings conducted against the individuals rated as on composing such association by such common name, and judgment recovered therein shall be a lien like other judgments

, and may mentally

the judg 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 be first certified by an officer of such association to the Pro- be filed. *

Certificate to


Where no

Penalty for thonotary of each county, to be filed in his office; any person neglect.

violating this provision shall forfeit and pay five hundred dollars

to any person who will sue for the same. No declara

SECTION 2. No declaration shall be necessary, nor shall any tion required

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


declaranot 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

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 Chap

ter 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.

Passed at Dover, February 9, 1866.

nunc pro tune.

Act to be additional


* So in enrolled bill.



Rev. Code, 209.
Sec. 1, Sec. 67 of Chap. 73, amended.

Sec. 1. In relation to foot ways, gutters and


Rev. Code,


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

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 disglueters was cretion in granting such application, cause such street, lane or carbs, amen-alley, or any part thereof, to be paved between the curbings

agreeably to the true regulations of said street, lane, or alley,

Set. 67 of
Chap. 73
Rev. Code,

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