HUSBAND AND WIFE
AN ACT to amend Chapter 87 of the Revised Code of the State of Delaware in relation to temporary order for support.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That 3036, Section 4 of Chapter 87 of the Revised Code of the State of Delaware be, and the same is hereby amended by striking out all of said 3036, Sec. 4, and inserting in lieu thereof the following to be known as 3036, Sec. 4.
3036 Sec. 4. TEMPORARY ORDER FOR SUPPORT; WHO MAY MAKE; HOW ENFORCED; APPEAL AND SUPERSEDEAS BONDS: At any time before trial except trials on appeal to the Court of General Sessions of New Castle County, upon petition of the complainant, and upon notice to the defendant, the Court of General Sessions or a Judge thereof in vacation, or the City Judge of the Municipal Court for the City of Wilmington, may enter such temporary order as may seem just, providing for the support of the deserted wife or children, or both, pendente lite, and may punish for violation of such order as for contempt.
No bond or recognizance given by the defendant below in any appeal, writ of error, or writ of certiorari from any conviction under Section 2 of this Chapter shall operate to stay the execution of the sentence of the Court below unless such defendant shall also furnish bond to the State in the sum of Five Hundred Dollars, ($500.00), with sufficient surety, conditioned to pay for the support of his wife or children, or both, as the case may be, periodically pending the determination of the cause, such sums at such times as the Court below by its latest order in the cause below shall have fixed, or, if the Court below shall have fixed no sum, then to pay periodically such sums at such times as any Judge of the appellate or reviewing Court shall fix ; said last mentioned bond to be filed with the Court below.
Approved April 12, A. D. 1927.