AN ACT to amend Chapter 121 of the Revised Statutes of this State.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met, That chapter 121 of the Revised Statutes of this State be, and the same is hereby, amended, by adding at the close of the last paragraph of section 35, and immediately preceding section 36 of said chapter, the following words: "But any person imprisoned as aforesaid may prefer a petition to the superior court in term time, or to any judge thereof in vacation, setting forth that he is willing and able to give to the said creditor good and sufficient security for the payment of the said debt or damages or costs as aforesaid, within a, reasonable time; and if upon the hearing of the said petition, and reasonable notice in writing of the time and place thereof to the party at whose suit the petitioner is imprisoned, or his attorney or agent, if there be such party, attorney or agent within the county, it shall appear that the, petitioner is able to give such security, the said court or judge thereof in vacation, shall proceed to order security to be given and taken in such form, and for the payment of the said debt or damages and costs, in such time and manner as to the said court or judge shall seem meet and proper in the case, and on such security*be given and approved by the said, court or judge, an order shall be made for the immediate discharge of the petitioner from said imprisonment," and the said chapter shall hereafter be read and construed as thus amended by this act.
Passed at Dover, February 24, 1859.
*so in original