OF PLEADING AND PRACTICE IN CIVIL ACTIONS.
AN ACT to amend Chapter 106 of the Revised Statutes concerning Pleading and Practice in Civil Actions.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Chapter 106 of the Revised Statutes, concerning pleading and practice in civil actions, be amended by adding thereto the following two sections, to wit:
SECTION 34. The defendant in any action now pending, or which shall be brought in the Superior Court for the recovery of money, or of any goods, chattels, or the value thereof in damages, which shall have come lawfully to his hands or possession, may, at any time after the declaration filed, and before plea pleaded, by a suggestion to be filed of record, disclaim all interest in the subject matter of such action, and offer to bring the same into court, or to pay or dispose thereof as the court shall order; and if he shall also allege, under oath or affirmation, that the right thereto is claimed by or supposed to belong to some person not party to the action (naming him or them), who has sued or is expected to sue for the same, or shall show some probable matter to the court to believe that such suggestion is true, the said court may, thereupon, order the plaintiff to interplead with such third person, and make such rules and orders in the cause, and issue such process for the purpose of making such third person party to the action, and for carrying such proceeding to interplead into full and complete effect, and may render such judgment or judgments thereon as shall be agreeable to the rules and practice of the law in like cases.
SECTION 35. If the process issued upon an order to interplead as aforesaid shall not be actually served, or personal notice thereof shall not be given to such third person, the said court shall have power, upon giving judgment for the plaintiff, to require him to enter into a recognizance, and if they shall think it necessary with sufficient surety; to interplead with such third person if afterwards and before the expiration of the time which would be allowed to him to prosecute his claim against the defendant such third Person should appear in the said court and claim such money, or such goods or chattels, or the value thereof.
Passed at Dover, March 14, 1883.