(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.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
Chapter 39. PLEADING AND PRACTICE
§ 3901. Affidavits of defense; judgments by default on written instruments; opening judgments.
§ 3902. Assignee suing in own name.
§ 3903. Bail bonds, recognizances, peace bonds or appearance bonds; actions on.
§ 3904. Suits and judgments by and against unincorporated associations.
§ 3905. Action for detention of goods and chattels.
§ 3906. Action to recover goods seized by execution or attachment.
§ 3907. Demand in actions to recover goods and chattels; necessity for proof.
§ 3908. Judgments by confession; warrant of attorney.
§ 3910. Disclaimer of interest by defendant; interpleader.
§ 3911. Recognizance of plaintiff upon interpleader.
§ 3912. Counsel fees; recovering in actions on written instruments.
§ 3913. Counterclaim in suits by or against executors or administrators.
§ 3915. Proof of incorporation or corporate existence.
§ 3916. Proof of agency in operation of motor vehicle.
§ 3917. Proof of signatures in actions or written instruments.
§ 3918. Recognizance of applicant for certiorari to justice of the peace.
§ 3919. Defense in civil libel actions.
§ 3920. Actions for price of newspapers or magazines received by mail; necessity for express order.
§ 3921. Presumption of proper administration of oath.
§ 3922. Destruction of property by minors; recovery of damages from parents.
§ 3923. Prosecution and defense of actions by persons of the age of 18 years or older.
§ 3925. Public officers and employees.
§ 3926. Production of records, jurisdiction.
§ 3926A. Production of reproductive health services records.
§ 3927. Unsworn declarations under penalty of perjury.
§ 3928. Limitations and protections against actions relating to the termination of pregnancy.
§ 3929. Recouperation of out-of-state judgments related to reproductive health services.
§ 3930. Civil action for public nuisance by firearm industry member.