Delaware General Assembly

CHAPTER 216

COURT OF CHANCERY

AN ACT to amend Chapter 117 of the Revised Code of 1915 relating to the Court of Chancery.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Section 4 of Chapter 117 of the Revised Code of 1915, being Section 3847 thereof, be and the same is hereby repealed and the following inserted in lieu thereof: 3847.

Section 4. SUBPOENAS, APPEARANCE AND ANSWER: The Chancellor shall have power to make all such rules and orders as may be necessary respecting the days and times for the return of subpoenas, appearances and the filing of pleadings. The practice and procedure in the Court of Chancery shall remain as heretofore until changed by the rules of said Court.

Section 2. That Section 7 of said Chapter 117 of the Revised Code of 1915 be and the same is amended by striking out all of said Section and inserting in lieu thereof the following:

3850. Section 7. ORDER FOR APPEARANCE; UPON FAILURE OF SERVICE AND AFFIDAVIT; PUBLICATION OP; UPON DEFAULT; DECREE PRO CONFESSO; ENFORCEMENT BY SEQUESTRATION OR DELIVERY OF PROPERTY DEMANDED; PAYMENT UPON SE- CURITY FOR RESTITUTION; PROCEEDINGS IF SECURITY NOT GIVEN: If, after subpoena or other process issued, any defendant therein named shall not appear in obedience to said process and according to the rules of the Court, the Court may, on affidavit that such defendant is out of the State, or cannot be found to be served with process and that there is just ground to believe that he intentionally avoids such service, make an order for his appearance on a certain day and give notice of such order as the Chancellor shall direct. And if the defendant shall not appear, after such notice, according to such order, the Court may order the plaintiff's bill to be taken pro confesso, and may thereupon issue process to compel the performance either by sequestration of the real and personal property of such defendant or part thereof, sufficient to satisfy the plaintiff's demand, or by causing possession of the estate, or effects, demanded by the bill, to be delivered to the plaintiff, or otherwise as the case requires. And the Court may also order the plaintiff to be paid his demand out of any property so sequestered, upon his giving approved security, in a sufficient sum, to abide any order of the Court for the restitution thereof Upon the defendant's appearing to defend the suit, and paying such costs as the Court shall order. If such security be not given, the property sequestered, or whereof possession shall be decreed to be delivered, shall remain under the direction of the Court in the hands of a receiver, or otherwise, until the defendant's appearance, or until such order shall be made therein as the Court shall think just.

Approved April 28, A. D. 1925.