CHAPTER 146
Of General Provisions Respecting Trade.
AN ACT PROVIDING FOR THE REGISTRATION OF PERSONS COMPRISING PARTNERSHIPS AND ASSOCIATIONS.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That on and after the first day of July A. D. 1909, no person, firm or association shall engage in, prosecute or transact any business within the limits of this State, by using any trade name or title which does not disclose the Christian and surname of such person, or in case of a firm or association, the Christian and surname of each and every person comprising said firm or association without, in addition to what is now required by the laws of this State, first filing a certificate under the hand of such person, or in case of a firm or association under the hand of one of the members of such firm or association in the office of the Prothonotary of each County in which it is prosecuting or transacting such business, designating the trade name or title and Christian and surname of such person, or, in case of a firm or association, the Christian and surname of each and every member comprising such firm or association, and all such certificates shall show the date when such partnership or association was organized, to which said date certificate there shall be attached the affidavit of the person organization signing it to the effect that the facts therein stated are true and correct.
Section 2. That whenever a change occurs in the membership of any firm or association which has filed a certificate under the provisions of Section I of this Act, a supplemental certificate under the hand of one of the members of such firm or certificate association shall within ten days after such change be filed in the office of the Prothonotary of each County in which it had theretofore filed a certificate designating the Christian and surname of each and every member comprising such firm or association after such change, and the date when such change took effect, to which said certificate shall be attached the affidavit of the person signing it to the effect that the facts therein stated are true and correct.
Section 3. It shall be the duty of the Prothonotary of each County to number such certificates when filed consecutively and to endorse thereon the date of such filing and to enter and record in a book which he shall procure for that purpose, which is hereby named "Partnership and Association Docket" the trade name and title of such person, firm or association, the (late of the filing of such certificate, the date of the formation or change in the formation of such firm or association and the number thereof, and for the filing and making of such entries he shall receive from the person filing said certificate a fee of one dollar to be disposed of by him in the same manner as other fees which are by law payable to him.
Section 4. If any person shall willfully make or file under the provisions of this Act any affidavit which is false, the same shall constitute the crime of false swearing and shall be punishable as such.
Section 5. If any person, firm or association shall violate any of the provisions of this Act, then every such person and each and every person comprising such firm or association shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than One Hundred Dollars or imprisoned for a term not exceeding three months, or both, at the discretion of the Court.
Section 6. Nothing in this Act shall affect or apply to legally incorporated companies.
Approved March 18, A. D. 1909