The common law of England, as well as so much of the statute law as
have been heretofore adopted in practice in this state, shall remain in
force, unless they shall be altered by a future law of the Legislature;
such parts only excepted as are repugnant to the rights and privileges
contained in this constitution and the declaration of rights, & c. agreed
to by this convention. Del. Const. Art. 25 (1776)
All the laws of this state, existing at the time of making this
constitution, and not inconsistent with it, shall remain in force, unless
they shall be altered by future laws; and all actions and prosecutions
now pending, shall proceed as if this constitution had not been made.
Del. Const. Art. VIII, Sec. 10 (1792)
All the laws of this State existing at the time of making this
Constitution and not inconsistent with it, shall remain in force unless
they shall be altered by future laws; and all actions and prosecutions
now pending shall proceed as if this Constitution had not been made.
Del. Const. Art. VII, Sec. 9 (1831)
All the laws of this State existing at the time this Constitution shall
take effect, and not inconsistent with it shall remain in force, except so
far as they shall be altered by future laws. Del. Const. Schedules Sec.
18 (1897)
Degerberg v. McCormick, 184 A. 2d 468 - Del: Court of Chancery 1962 states:
At common law, of course, a person could adopt any name which he chose so long as the change of name was not for an improper purpose. In most states, as in Delaware, there now exist statutes which authorize a proceeding to judicially effect a change of name. Such statutes are universally held not to affect the common law right. They are regarded as merely providing a procedure to establish a court record of the change.
Masjid Muhammad-DCC v. Keve, 479 F. Supp. 1311 - Dist. Court, D. Delaware 1979 states at footnote 13:
The Delaware courts have held that even without pursuing the statutory procedure for a change of name, there exists a common law right to change one's name without court process. See Degerberg v. McCormick, 40 Del.Ch. 471, 184 A.2d 468 (1962). Since the defendants do not dispute that plaintiffs have adopted Muslim names in a manner consistent with the common law, all plaintiffs stand in the same position.
Affidavit