Courts and Judicial Procedure

Special Proceedings


Subchapter V. Miscellaneous Provisions Relating toSubchapters I-IV

The appearance of any person who is discharged from imprisonment according to subchapters I-IV of this chapter may be entered in any action, from process in which such person is so discharged. Such action may be proceeded in on the ground of such appearance.

Code 1852, § 2726; Code 1915, § 4645; Code 1935, § 5103; 10 Del. C. 1953, § 7371.;

No proceeding or order under subchapters I-IV of this chapter shall discharge any person imprisoned by the authority of the United States from such imprisonment, nor shall any such proceeding or order discharge any person from imprisonment for any other cause than that to which it relates. Such person, notwithstanding such proceeding or order, shall be detained for such other cause, according to the nature and effect thereof.

Code 1852, § 2727; Code 1915, § 4646; Code 1935, § 5104; 10 Del. C. 1953, § 7372.;

No proceeding under subchapters I-IV of this chapter shall in any way impair the lien of any mortgage, judgment, recognizance, execution, or any other lien, or the liability of one who, as surety, joint debtor, or otherwise, is liable for a debt or demand existing against the person to whom such proceeding relates.

Code 1852, § 2730; Code 1915, § 4648; Code 1935, § 5106; 10 Del. C. 1953, § 7373.;

Whoever, to whom an oath or affirmation is administered under subchapters I-IV of this chapter, wilfully and falsely swears or affirms, in any matter, shall be guilty of wilful and corrupt perjury, and shall forfeit all benefit under such subchapters, and shall not be permitted to plead, or insist upon the same, or to avail himself or herself thereof in any manner whatever.

The penalties prescribed by this section shall be in addition to the penalties prescribed by law for the crime of wilful and corrupt perjury.

Code 1852, § 2731; Code 1915, § 4649; Code 1935, § 5107; 10 Del. C. 1953, § 7374; 70 Del Laws, c. 186, § 1.;