§ 3918 — Recognizance of applicant for certiorari to justice of the peace

Delaware § 3918

• Jurisdiction: Delaware
• Title: 10
• Part: Procedure
• Ch. 39: PLEADING AND PRACTICE

Text

(a) On the issuing of a writ of certiorari to a justice of the peace, the party applying therefor, shall enter into a recognizance to the defendant in a reasonable penalty, and with sufficient surety to be approved by the prothonotary with condition to be void if the plaintiff therein prosecutes the writ to effect and pays the condemnation money and all costs, or otherwise abide the judgment of the Superior Court in the case if he or she fails to make his or her plea good.

(b) The recognizance shall be entered by the prothonotary in the docket where the certiorari is entered, and a note of the recognizance having been taken, shall be indorsed on the writ, or the justice shall not obey it.

(c) No further surety shall be required, although other writs may be issued to complete the record; but the Court may order better security.

Legislative History

Code 1852, §§ 2319-2321; Code 1915, § 4181; Code 1935, § 4660; 10 Del. C. 1953, § 3918; 70 Del. Laws, c. 186, § 1