AN ACT to amend Section 8 of Chapter 112 of the Revised Code of Delaware, being Section 3732 thereof relating to Mandamus Proceedings in the Superior Court.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Section 8 of Chapter 112 of the Revised Code of Delaware, being Section 3732 thereof be and the same is hereby amended by striking out all of said Section and inserting in lieu thereof the following:
3732. Section 8. Proceedings in Mandamus shall be begun by the filing of a petition in the Superior Court, upon which petition a summons shall issue requiring the defendant to appear and file an Answer at a time to be fixed by said Superior Court or any Judge thereof. Upon the filing of such Answer either party may apply to the Superior Court or any Judge thereof for hearing of said cause and the same may be heard by said Superior Court or by any Associate Judge thereof at any general or special term of said Court, or in vacation, as may be ordered. The said Superior Court or any Judge thereof may make such orders respecting Ming or hearing of interlocutory motions as shall be proper. Any questions of fact arising from the pleadings shall be heard and determined by said Superior Court or Judge thereof and if the said Court or Judge shall order that the plaintiff is entitled to the relief prayed for or any part thereof, a peremptory writ of mandamus shall issue forthwith which shall be served in the usual manner. The said Superior Court shall have power to make any and all rules necessary or convenient in and concerning the practice in such cases.
Approved April 2, A. D. 1925.