OF PLEADING AND PRACTICE IN CIVIL ACTIONS.
AN ACT relative to Bail Bonds when ordered forfeited by the Court, and amending Chapter 106 of the Revised Code of 1852, as amended and published in 1893.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Chapter 106 of the Revised Code of 1852, as amended and published in 1893, be and the same is hereby amended by striking out of said Chapter 106 all of Section 7 thereof, and by inserting in said Chapter in lieu of said section so stricken out the following to be a new section 7 thereof, viz:
"Section 7. Whenever the Court shall' order and adjudge a judge a bail bond, recognizance, or bond to keep the peace, or for the appearance of a defendant or of a witness, in the Court of General Sessions, in the Court of Oyer and Terminer, in the Superior Court or in the Supreme Court, forfeited, then in any action on such forfeited bail bond, recognizance or bond to keep the peace, or for the appearance of a defendant or of a witness as aforesaid, if a copy of such bail bond, bond or recognizance shall have been filed on or before the return day of the writ sued out in such action, and the service of such writ be duly verified, the Attorney General, or any other Attorney, on behalf of the State, or plaintiff, shall be at liberty to move for judgment in open Court on the last day of the term to which such writ is returnable, unless the defendant or one of the defendants, if there be more than one, or some one for such defendant or defendants, shall have filed an affidavit of defense in said action stating therein the nature and character of the same. It shall be the duty of the Attorney General to sue upon and collect all such forfeited bail bonds, recognizance or bonds."
Approved April 27, A. D. 1911.