§ 3903 — Bail bonds, recognizances, peace bonds or appearance bonds; actions on

Whenever any court orders and adjudges a bail bond, recognizance, or bond to keep the peace, or for the appearance of a defendant or of a witness, in any 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, if a copy of such bail bond, bond, or recognizance has been filed with the complaint, the Attorney General, or any other attorney, on behalf of the State, or plaintiff, shall be at liberty to move for judgment after the defendant’s time for filing his or her answer has expired, unless the defendant or one of the defendants, if there be more than one, or some one for such defendant or defendants, has filed an affidavit of defense in the action, stating therein the nature and character of the same. The Attorney General shall sue upon and collect all such forfeited bail bonds, recognizances, or bonds.

Legislative History

Code 1852, § 2311; 26 Del. Laws, c. 268 ; Code 1915, § 4173; Code 1935, § 4652; 10 Del. C. 1953, § 3903; 70 Del. Laws, c. 186, § 1