Chap. 112.—An ACT to Amend and Re-enact Section Thirty-Nine of Chap-
ter One Hundred and Seventy-One of the Code.

Approved June 4, 1870.

1. Be it enacted by the general assembly, That the thirty-
ninth section of chapter one hundred and seventy-one of the
Code of eighteen hundred and sixty, be amended and re-en-
acted so as to read as follows:

Ҥ 39. Where plaintiffs or defendants sue or are sued as
partners, and their names are set forth in the declaration or

ill, or where plaintiffs or defendants sue or are sued as a cor-
poration, it ghall not be necessary to prove the fact of partner-
ship or incorporation, unless with the pleading, which puts the
matter in issue, there be an affidavit denying such partnership

or incorporation.”
' 2, This act shall be in force from its passage.