CHAPTER 178

EJECTMENT

AN ACT TO AMEND CHAPTER 141 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO THE ACTION OF EJECTMENT.

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

Section 1. Sections 1, 2 and 3 of Chapter 141 of the Revised Code of Delaware, 1935, and any and all amendments thereto, be, and the same hereby are, repealed and the following Sections, to be designated in the said Code as 4983,*Sec. 1, to 4985A, Sec. 3A, inclusive, are hereby substituted in lieu thereof :

4983. Sec. 1. The action of ejectment and the forms of pleading and rules of practice pertaining thereto as the same have heretofore existed in this State are hereby repealed.

4984. Sec. 2. The legal title to lands or to any tenements whereon entry can be made may be tried in an action of ejectment. The action shall be begun by filing in the office of the Prothontary of the County in which said lands or tenements lie a petition setting forth the cause or causes of action of the plaintiff, a sufficient description of the lands and tenements claimed and such other facts as may be pertinent. If the premises for which the action is brought are actually occupied by any person such actual occupant shall be named defendant in the suit, and all other persons claiming title or interest to or in the same may be joined as defendants. If the premises are not occupied the action shall be brought against some person exercising acts of ownership on the premises claimed or claiming title thereto or some interest therein at the commencement of the suit. Upon the filing of such petition a summons shall issue to the defendants named in said petition and the same shall be served by the Sheriff, together with a copy of said petition, upon the defendant or defendants in the usual manner. The said summons shall require the defendant therein to appear in said cause and to file his answer within twenty (20) days after the service of the said summons and petition upon him. The Sheriff shall make return of his service as soon as the same can be done, irrespective of any term or terms of Court.

The answer or answers of the defendant or defendants shall set forth all of the defenses in law or fact and any defenses in law may be heard by the Court at such time or in such manner as may be appropriate.

4985. Sec. 3. The Superior Court shall have authority to make any and all rules relating to practice or forms of pleading in such action and to make any and all orders with respect to bills of particulars or more definite statements by either or any of the parties or pertaining to discovery, intervention, surveys, or with respect to any other matter which may be necessary or appropriate in any such action.

4985A. Sec. 3A. Tenant Being Served Shall Notify His Landlord; Penalty for Neglect. If a tenant, being served with a petition in ejectment, neglect to give a notice thereof, without delay, to his landlord, or his agent, he shall be liable as is provided in Section 80 of Chapter 142.

Section 2. This act shall become effective upon its approval. Approved April 16, 1943.