CHAPTER 379

RELATING TO NON-RESIDENT DEFENDANTS

AN ACT TO AMEND CHAPTER 3, TITLE 10, DELAWARE CODE, RELATING TO THE GENERAL JURISDICTION AND POWERS OF THE COURT OF CHANCERY WITH REFERENCE TO COMPELLING APPEARANCE OF NON-RESIDENT DEFENDANTS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 366 (a), Title 10 of the Delaware Code is amended by striking out the last sentence of said paragraph and inserting in lieu thereof the following sentences :

Any defendant whose property shall have been so seized and who shall have entered a general appearance in the cause may, upon notice to the plaintiff, petition the Court for an order releasing such property or any part thereof from the seizure. The Court shall release such property unless the plaintiff shall satisfy the Court that because of other circumstances there is a reasonable possibility that such release may render it substantially less likely that plaintiff will obtain satisfaction of any judgment secured. If such petition shall not be granted, or if no such petition shall be filed, such property shall remain subject to seizure and may be sold to satisfy any judgment entered in the cause. The Court may at any time release such property or any part thereof upon the giving of sufficient security.

Approved July 1, 1955.