A Supplement to Chapter 104 of the Revised Statues of the State of Delaware.
Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met, as follows, to wit:
SECTION 1. A writ of foreign attachment may be issued out of the Superior Court of this State against any corporation, aggregate or sole, not created by or existing under the laws of this State, upon affidavit made by the plaintiff or any other credible person, and filed with the prothonotary of said court, that the defendant is a corporation not created by, or existing under the laws of this State, and is justly indebted to the said plaintiff in a sum of money, to be specified in said affidavit, and which shall exceed fifty dollars.
SEC. 2. The said writ shall be framed, directed, executed and returned, and like proceedings had as in the case of a foreign attachment issued under this Chapter to which this act is a supplement, except that attachments to be issued under this act shall be dissolved only in the manner hereinafter provided.
SEC. 3. In any attachment to be issued under this act, judgment shall be given for the plaintiff at the second term after the issuing of the writ, unless the defendant shall have caused an appearance by attorney to be entered, in which case the like proceedings shall be had as in suits commenced against a corporation by summons: Provided, however, that an appearance by attorney to be entered as aforesaid, shall not dissolve the attachment, but the same shall continue to bind the property or money attached as in other cases, unless the defendant shall, upon causing such appearance to be entered, also bring into court the sum of money specified as the plaintiff’s demand in the affidavit, to be filed as aforesaid, with all costs then accrued, or unless he shall give security in such form and to amount as the court may direct for the payment of any judgment that may be recovered in said proceedings with costs. Money brought into court under the provisions of this section shall abide the final judgment in the cause, and thereupon shall by the order of the court, or of the Chief Justice in vacation, be applied in satisfaction of such judgment as may be recovered by the plaintiff, or if judgment be rendered for the defendant the same shall be rendered to him: Provided, however, that no disposition of said sum of money shall be made until after the expiration of one month from final judgment made until after the expiration of one month from final judgment as aforesaid, and if within said period a writ of error be taken to said judgment the said sum of money shall remain in the court, subject to the determination of the proceedings in error.
Passed at Dover, March 2, 1857