Del. Code tit. 10 § 9577

Current through 2024 Legislative Session Act Chapter 269
Section 9577 - Forms

The form of a scire facias shall be as follows:

AGAINST EXECUTORS OR ADMINISTRATORS

".... . County, ss. The State of Delaware,

To any constable, greeting:

We command you that you make known to A. B., administrator (or executor) of C. D., deceased, to appear before E. F., one of our justices of the peace, at

said justice's office in .......... ., on ......... . the ........ . day

of .......... . at ........... . o'clock in the........... . to show, if there

be any cause, why execution should not be had against the said A. B.,

administrator (or executor) as aforesaid, of a judgment recovered by.... .

against the said C. D., deceased, before one of our justices of the peace, on

the ........... . day of ........... ., 19...... ., for the sum of ........... .,

with costs; and have you then there this warrant.

* * * *

* * Witness the hand and seal of the first named justice,

* L. S. * the ............ day of ............ A.D. 19 ....."

* *

* * * *

AGAINST BAIL

"............. . County, ss. The State of Delaware,

To any constable, greeting:

We command you that you make known to A. B., bail of C. D., to appear before

E. F., one of our justices of the peace, at said justice's office

In ........... . on ........... . the ............... . day of ........... .,

At ......... . o'clock in the. ................ ., to show if there be any cause, why

execution should not be had against C.D. as such bail, of a judgment

recovered by G. H., against the aforesaid C. D., before ........... ., one of

our justices of the peace, on the ........... . day of ............ ., 19......

., for the sum of ........... . with costs.

* * * *

* * Witness the hand and seal of the first named justice,

* L. S. * the........... . day of ............... A.D. 19.... ."

* *

* * * *

AGAINST THE REPRESENTATIVES OF BAIL

".... . County, ss. The State of Delaware,

To any constable, greeting:

We command you that you make known to A. B., administrator (or executor) of

C. D., deceased, who was bail for ........... ., to appear before ........... .,

one of our justices of the peace, at said justice's office in ............ .,

on ............ . the ........... . day of ........... . at ......... . o'clock

in the ........... ., to show if there be any cause why execution should not be

had against the said A. B., administrator (or executor) as aforesaid of the

said C. D., who was bail as aforesaid, of a judgment recovered by ...........

against the aforesaid ........... . before ........... . one of our justices

of the peace, on the .... . day of.... . 19. ., for the sum of.... ., with

costs, and have you then there this warrant.

* * * *

* * Witness the hand and seal of the first named justice,

* L. S. * the........... . day of ............... A.D. 19.... ."

* *

* * * *

AGAINST THE REPRESENTATIVES OF A SURETY

Observe the form for use against the representatives of bail in all

respects, except that where the word "bail" occurs, use the word "surety."

respects, except that where the word "bail" occurs, use the word "surety."

10 Del. C. § 9577

Code 1852, §§ 2147-2150; Code 1915, § 4039; Code 1935, § 4526; 10 Del. C. 1953, § 9584; 55 Del. Laws, c. 20, § 19; 70 Del. Laws, c. 186, § 1.;