§ 7357. Arrest upon same process; continuation of obligations.
§ 7357. Arrest upon same process; continuation of obligations. A person discharged from imprisonment pursuant to § 7354, § 7355 or § 7356 of this title shall not be again arrested upon the same process, but such imprisonment and discharge shall have no other effect. No judgment, debt, or demand shall be thereby extinguished or […]
§ 7358. Special proceedings; affidavit of fraud.
§ 7358. Special proceedings; affidavit of fraud. (a) The provisions of this subchapter for the discharge of a person imprisoned on civil process, upon failure of the party at whose suit such person is imprisoned to indemnify the county, shall not apply to the case of a prisoner remanded by the court upon the trial […]
§ 7354. Discharge upon failure to give recognizance.
§ 7354. Discharge upon failure to give recognizance. If the order issued under § 7352 of this title is not complied with by the person on whom it is made (or by some 1 of them if there be several) within 10 days after the same is made, the prothonotary shall certify the order and […]
§ 7355. Discharge upon creditor’s action to discontinue liability.
§ 7355. Discharge upon creditor’s action to discontinue liability. (a) The principal in any recognizance entered into under the provisions of this subchapter may, at any time, cause an entry to be made upon the recognizance, or the record thereof, and signed by the principal, to the effect that the principal is unwilling to continue […]
§ 7356. Petition by prisoner to give security for debt.
§ 7356. Petition by prisoner to give security for debt. Whoever is imprisoned for the reasons stated in § 7351 of this title may prefer a petition to the Superior Court setting forth that such person is willing and able to give to the creditor good and sufficient security for the payment of the debt, […]
§ 7351. Petition for maintenance.
§ 7351. Petition for maintenance. Whoever is imprisoned for debt, damages, or costs of a civil action, or for nonperformance of an order or judgment for the payment of money, by virtue of original execution, other process, or commitment, may prefer to the Superior Court of the county wherein such person is imprisoned, a petition […]
§ 7352. Hearing on petition; order for recognizance of.
§ 7352. Hearing on petition; order for recognizance of. (a) If, upon the hearing of a petition filed under § 7351 of this title and reasonable notice in writing of the time and place thereof to the party at whose suit the petitioner is imprisoned, or the party’s attorney or agent, if there be such […]
§ 7353. Recognizance.
§ 7353. Recognizance. The prothonotary may approve the surety and take the recognizance directed by the order issued under § 7352 of this title. The recognizance shall be joint and several. Code 1852, § 2720; Code 1915, § 4640; Code 1935, § 5098; 10 Del. C. 1953, § 7353;