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 the failure to comply therewith to the sheriff, or jailer, of the county. Thereupon the petitioner shall be discharged from imprisonment.

Code 1852, § ?2721; Code 1915, § ?4641; Code 1935, § ?5099; 10 Del. C. 1953, § ?7354; 70 Del. Laws, c. 186, § ?1;