Del. Code tit. 10 § 9577
The form of a scire facias shall be as follows:
AGAINST EXECUTORS OR ADMINISTRATORS
".... . County, ss. The State of Delaware,
To any constable, greeting:
We command you that you make known to A. B., administrator (or executor) of C. D., deceased, to appear before E. F., one of our justices of the peace, at
said justice's office in .......... ., on ......... . the ........ . day
of .......... . at ........... . o'clock in the........... . to show, if there
be any cause, why execution should not be had against the said A. B.,
administrator (or executor) as aforesaid, of a judgment recovered by.... .
against the said C. D., deceased, before one of our justices of the peace, on
the ........... . day of ........... ., 19...... ., for the sum of ........... .,
with costs; and have you then there this warrant.
* * * *
* * Witness the hand and seal of the first named justice,
* L. S. * the ............ day of ............ A.D. 19 ....."
* *
* * * *
AGAINST BAIL
"............. . County, ss. The State of Delaware,
To any constable, greeting:
We command you that you make known to A. B., bail of C. D., to appear before
E. F., one of our justices of the peace, at said justice's office
In ........... . on ........... . the ............... . day of ........... .,
At ......... . o'clock in the. ................ ., to show if there be any cause, why
execution should not be had against C.D. as such bail, of a judgment
recovered by G. H., against the aforesaid C. D., before ........... ., one of
our justices of the peace, on the ........... . day of ............ ., 19......
., for the sum of ........... . with costs.
* * * *
* * Witness the hand and seal of the first named justice,
* L. S. * the........... . day of ............... A.D. 19.... ."
* *
* * * *
AGAINST THE REPRESENTATIVES OF BAIL
".... . County, ss. The State of Delaware,
To any constable, greeting:
We command you that you make known to A. B., administrator (or executor) of
C. D., deceased, who was bail for ........... ., to appear before ........... .,
one of our justices of the peace, at said justice's office in ............ .,
on ............ . the ........... . day of ........... . at ......... . o'clock
in the ........... ., to show if there be any cause why execution should not be
had against the said A. B., administrator (or executor) as aforesaid of the
said C. D., who was bail as aforesaid, of a judgment recovered by ...........
against the aforesaid ........... . before ........... . one of our justices
of the peace, on the .... . day of.... . 19. ., for the sum of.... ., with
costs, and have you then there this warrant.
* * * *
* * Witness the hand and seal of the first named justice,
* L. S. * the........... . day of ............... A.D. 19.... ."
* *
* * * *
AGAINST THE REPRESENTATIVES OF A SURETY
Observe the form for use against the representatives of bail in all
respects, except that where the word "bail" occurs, use the word "surety."
respects, except that where the word "bail" occurs, use the word "surety."
10 Del. C. § 9577