Delaware Code Title 10 Sec. 3918 – Recognizance of applicant for certiorari to justice of the peace
(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.
Terms Used In Delaware Code Title 10 Sec. 3918
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Docket: A log containing brief entries of court proceedings.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
(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.
Code 1852, §§ ?2319-2321; Code 1915, § ?4181; Code 1935, § ?4660; 10 Del. C. 1953, § ?3918; 70 Del. Laws, c. 186, § ?1;