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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 ________________, 20________, for the sum of ________________, with costs; and have you then there this warrant.

* * * *
* * Witness the hand and seal of the said Justice the ........ day of ........ A.D. 20....”
* L. S. *
* *
* * * *

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 ________________, 20________, for the sum of ________________ with costs.

* * * *
* * Witness the hand and seal of the said Justice the ........ day of ........ A.D. 20....”
* L. S. *
* *
* * * *

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 ________________ 20________, for the sum of ________________, with costs, and have you then there this warrant.

* * * *
* * Witness the hand and seal of the said Justice the ........ day of ........ A.D. 20....”
* L. S. *
* *
* * * *

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.”


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