reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 61. CONDEMNATION › § 6114. Deposit of award.

§ 6114. Deposit of award.
In any condemnation case in which any final award is made to any party in interest who is unknown, is a minor, or is mentally incompetent, or is under any other legal disability, cannot be found, or resides outside of this State, or refuses to accept such award, the Court may direct that the amount of such award be deposited by the plaintiff to the credit of such party in any state or national bank having a branch or office in the county wherein the condemnation proceedings are instituted, within the periods providing for payment as set forth in § 6113 of this title, or the Court may make such other order as is appropriate and just.
48 Del. Laws, c. 271, §  14;  10 Del. C. 1953, §  6114;  63 Del. Laws, c. 142, §  28;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 61. CONDEMNATION › § 6115. Recording of certified abstract of condemnation proceedings; failure to record.

§ 6115. Recording of certified abstract of condemnation proceedings; failure to record.
(a) Whenever lands or any interest therein are condemned by any person, corporation or political subdivision under any statute of this State, and the amount of damages ascertained shall have been paid or deposited as provided in the statute, the record thereof shall be filed in the office of the prothonotary for the county, in which the land lies and the person, corporation or political subdivision for whose benefit such land is condemned, shall secure from the prothonotary a certified abstract of the record of such condemnation proceedings. The certified abstract shall include a description of the land condemned, a statement of the title or interest so acquired, the name of the former owner or owners of such interest, the name of the person, corporation or political subdivision, acquiring the interest through the proceedings and a memorandum showing the amount of damages paid or deposited. The abstract shall, within 30 days after the memorandum showing the amount of damages paid or deposited shall have been filed in the prothonotary's office, be recorded in the office of the recorder of deeds for the county wherein the land lies, in the deed records of the county and shall be indexed by the recorder in the name of the condemning person, corporation or political subdivision, as the grantee, and in the name of the former owner or owners of the land, as the grantor or grantors.
(b) If such abstract is not recorded as provided in subsection (a) of this section, the condemnation proceedings shall not avail against a subsequent fair creditor, mortgagee or purchaser, for a valuable consideration, unless it shall appear that such creditor when giving the credit, or such mortgagee or purchaser, when advancing the consideration, had notice of such condemnation proceedings.
Code 1915, §  3238A;  33 Del. Laws, c. 210;  34 Del. Laws, c. 197;  Code 1935, §  3702;  10 Del. C. 1953, §  6115;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 62. VACATING THE DEDICATION OF OPEN SPACE AND PARKLAND › § 6201. Jurisdiction of Superior Court.

§ 6201. Jurisdiction of Superior Court.
(a) The Superior Court shall have exclusive jurisdiction to vacate any dedication of open space or parkland accepted by any county or municipality whether or not title has been accepted. The Court shall, in its final order, decide all questions raised concerning the vacation, including the award of damages.
(b) The several counties and municipalities are prohibited from vacating any dedication of open space or parkland except in accordance with the procedures established in this chapter.
(c) This chapter shall not preclude any county or municipality from seeking equitable relief in the Court of Chancery for this State on any issue, including, but not limited to, injunctive relief, actions to acquire or quiet title, declaratory judgment or any other matter in the nature of an equitable remedy.
66 Del. Laws, c. 423, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 62. VACATING THE DEDICATION OF OPEN SPACE AND PARKLAND › § 6202. Application of chapter.

§ 6202. Application of chapter.
(a) This chapter establishes and shall exclusively govern procedures by which a dedication accepted by a county or municipality may be vacated. This chapter shall not apply, however, to the vacation of streets, roads or highways dedicated for the use of the general public or to easements or rights-of-way for drainage or utilities related to said streets, roads or highways.
(b) Neither through the procedures established in this chapter, nor through any other procedure in law or in equity shall the dedication of any parcel of land be vacated, which parcel is part of a public park or recreation area which:
(1) Is 5 acres or more in size; and
(2) Has been operated or maintained as a public park or recreation area for 1 year or longer.
66 Del. Laws, c. 423, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 62. VACATING THE DEDICATION OF OPEN SPACE AND PARKLAND › § 6203. Petition for vacation; notice requirements.

§ 6203. Petition for vacation; notice requirements.
(a) In any action commenced in Superior Court, the person who holds legal title to the dedicated open space or parkland, the owner of the property abutting said dedicated property or the county or municipality in which said dedicated property is located, may apply to the Superior Court of such county or municipality for the vacation thereof, by first giving notice to the county or municipality if it is not the applicant, to the person holding the legal title to said dedicated property, to all persons owning property abutting or contiguous to said dedicated property and to all persons owning property within a subdivision in which said dedicated property is located, by mailing to the county and to such persons or their legal representatives, if known, at their last known address, written notice of their intent to file such petition with the Court at least 10 days prior to filing.
(b) Upon filing any petition in Superior Court to vacate a dedication, formal notice shall be provided by the petitioner to the chief executive officer(s) of the county or municipality in which the dedicated property is located, by service of process as provided by law. Written notice by registered mail, return receipt requested, to such party or legal representative at their last known post office address at the time of the filing of the application shall also be made upon the person holding legal title to said property, upon all persons owning property abutting or contiguous to said dedicated property, upon all persons owning property within a subdivision in which said dedicated property is located and upon any persons owning property not in the subdivision but within 200 yards of said dedicated property and by posting signs along the lot lines of the dedicated property proposed to be vacated clearly indicating the intent to vacate said property, at least 20 days prior to the hearing date set by the Court on such petitions and also by publishing notice at least once a week for 2 consecutive weeks to all such parties in interest in a newspaper of general circulation in the county or municipality in which said dedicated property is located, clearly providing the place, time and hearing date on the petition set by the Court, at least 20 days prior thereto.
66 Del. Laws, c. 423, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 62. VACATING THE DEDICATION OF OPEN SPACE AND PARKLAND › § 6204. “Vacation” defined.

§ 6204. “Vacation” defined.
“Vacation” shall mean the abandonment of the dedication covenant to any county or municipality in any dedicated property accepted by a county or municipality when said county or municipality, legal title holder or abutting landowner has clearly shown an intent to abandon through lack of use, care or maintenance thereof any dedicated property originally created solely for public use.
66 Del. Laws, c. 423, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 62. VACATING THE DEDICATION OF OPEN SPACE AND PARKLAND › § 6205. Vacation hearing.

§ 6205. Vacation hearing.
(a) In all proceedings in Superior Court, after all interested parties have received notice in accordance with this chapter, a hearing shall be held in Superior Court, at which time each party before the Court, including the county or municipality in which the dedicated property is located, the legal title holder, all abutting landowners, all residents of the subdivision or all interested parties, any present relevant evidence regarding the necessity or advisability of the continued use of the dedicated property for the benefit of the general public or interested parties. Upon conclusion of the hearing, Superior Court shall order whether the said dedicated property shall be vacated.
(b) The Court shall also decide such other collateral issues which are raised at the hearing, including, but not limited to, whether the county or municipality holds title to the dedicated property by deed transfer or some other means, whether the county or municipality or the general public has an interest in such property by virtue of the dedication, whether such parties have a compensable interest and to whom the land shall revert in the event of vacation, including the abutting landowners.
(c) There is a rebuttable presumption, as to any dedicated property, that it shall continue as dedicated property.
(d) In determining whether any dedicated property should be vacated, the Court shall make a determination as to whether the county or municipality or the general public has a use or need for the continued existence for such dedicated property and the judgment of the county or municipality to keep it open shall be paramount. In making a determination in this regard, the Court shall consider such items as may be pertinent, including, but not limited to, fitness for use as a public property, service and maintenance of the respective property, the financial impact upon any interested party, the effect of the proposed vacation upon adjacent streets, roads or highways and other matters which the Court may deem pertinent.
(e) Any county- or municipality-maintained property shall not be vacated without the consent of the county or municipality in which it is located.
66 Del. Laws, c. 423, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 62. VACATING THE DEDICATION OF OPEN SPACE AND PARKLAND › § 6206. Open space jurors; appointment and direction as to return.

§ 6206. Open space jurors; appointment and direction as to return.
(a) If the Superior Court orders that the dedication shall be vacated, it shall then appoint 5 judicious and impartial open space jurors of the county or municipality to view said property and make return on a date fixed by the Court. The Court shall authorize the open space jurors, so appointed, to employ, if necessary, a surveyor.
(b) The open space jurors named in the commission shall first be sworn or affirmed as shall be directed in the commission.
(c) The return of the jurors shall be made to the Superior Court or to a judge thereof, who shall file the same in the office of the prothonotary.
(d) In all cases such open space jurors shall assess the damages which the county or municipality, legal title holder or other parties in interest will sustain by reason of such property vacation, including, but not limited to, loss or use, impact upon improvements previously made thereto, loss of benefit or aesthetic value to the public, and, considering all circumstances of benefit or injury which may accrue to any such party in interest therefrom, shall make a recommendation to the Court, in the return, as to apportionment thereof.
66 Del. Laws, c. 423, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 62. VACATING THE DEDICATION OF OPEN SPACE AND PARKLAND › § 6207. Damages; hearing.

§ 6207. Damages; hearing.
(a) On a day fixed by the Court, a hearing shall then be had on the issue of damages as presented in the return. At such hearing all interested parties may present evidence and argument regarding the question of damages, their amount and apportionment, as are permitted under this section or at the discretion of the Court. At the close of said hearing, the Court shall enter an order affixing damages in such manner as it determines the evidence warrants.
(b) All damage questions shall be decided as provided in this chapter and shall include, but not be limited to, the right of the legal title holder to recover the actual value of the real property, the right of the county or municipality to recover reasonable expenses for its loss of use of said vacated land, whether jurisdiction has been acquired by title, dedication, easement or other means, and any reasonable costs and expenses incurred, as a result of said vacation resulting from an impact to other lands within the jurisdiction of the county or municipality.
(c) Payment of damages shall be in such amounts and under such terms and conditions as the Superior Court, by order, shall direct. Any order of the Superior Court to vacate a dedication of property shall not become final until all damages have been paid in accordance with the Court's order.
(d) Whenever any interested party neglects or omits to pay or tender the amount of ascertained damages to the parties or persons entitled to the same, said interested party shall be subject to the contempt power of the Court upon proper application by any party or person to whom damages are payable pursuant to the terms of the Court's order regarding same.
(e) Any other provision of this chapter notwithstanding, the Court in making determination as to what damages shall be paid by the county or municipality shall consider only 2 factors:
(1) Only persons owning real property abutting the property or part thereof to be vacated shall be entitled to recover damages; and
(2) Any damages which may be otherwise recoverable by such persons or organizations from the county must be offset by a monetary estimate of the benefit to be derived by said persons or organizations.
66 Del. Laws, c. 423, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 62. VACATING THE DEDICATION OF OPEN SPACE AND PARKLAND › § 6209. Appeal.

§ 6209. Appeal.
Any interested party before the Superior Court may appeal the Court's decision to the Supreme Court, within 30 days of the final order thereon, regarding the question of whether the dedicated property shall be vacated or the question of the amount of damages and their apportionment or any other matter raised at the Superior Court hearing.
66 Del. Laws, c. 423, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 62. VACATING THE DEDICATION OF OPEN SPACE AND PARKLAND › § 6210. Compensation and expenses of jurors and employees.

§ 6210. Compensation and expenses of jurors and employees.
(a) The jurors shall be allowed $25 a day for their services and shall be entitled to mileage at the rate of 15 cents a mile going and returning.
(b) The Court shall fix the compensation of all persons properly employed as surveyors, chain carriers, axepersons and target bearers, and all other persons necessary to the economical execution of any order for vacating a dedication of property, including the board and accommodation of persons properly employed in and about the execution of the work.
66 Del. Laws, c. 423, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 62. VACATING THE DEDICATION OF OPEN SPACE AND PARKLAND › § 6211. Costs of proceedings.

§ 6211. Costs of proceedings.
The costs of proceedings for vacating the dedication of property shall be paid by the petitioners, unless such petition is granted in which case such costs shall be paid by the party or persons authorized by the return to enclose it, and in the pro rata share fixed by the return.
66 Del. Laws, c. 423, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 63. UNIFORM CONTRIBUTION AMONG TORTFEASORS LAW › § 6301. Definition.

§ 6301. Definition.
For the purposes of this chapter, “joint tortfeasors” means 2 or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them.
47 Del. Laws, c. 151, §  1;  10 Del. C. 1953, §  6301;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 63. UNIFORM CONTRIBUTION AMONG TORTFEASORS LAW › § 6302. Right of contribution; accrual; pro rata share.

§ 6302. Right of contribution; accrual; pro rata share.
(a) The right of contribution exists among joint tortfeasors.
(b) A joint tortfeasor is not entitled to a money judgment for contribution until he or she has by payment discharged the common liability or has paid more than his or her pro rata share thereof.
(c) A joint tortfeasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tortfeasor whose liability to the injured person is not extinguished by the settlement.
(d) When there is such a disproportion of fault among joint tortfeasors as to render inequitable an equal distribution among them of the common liability by contribution, the relative degrees of fault of the joint tortfeasors shall be considered in determining their pro rata shares.
47 Del. Laws, c. 151, §  2;  48 Del. Laws, c. 301, §  1;  10 Del. C. 1953, §  6302;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 63. UNIFORM CONTRIBUTION AMONG TORTFEASORS LAW › § 6303. Judgment against 1 tortfeasor.

§ 6303. Judgment against 1 tortfeasor.
The recovery of a judgment by the injured person against 1 joint tortfeasor does not discharge the other joint tortfeasors.
47 Del. Laws, c. 151, §  3;  10 Del. C. 1953, §  6303;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 63. UNIFORM CONTRIBUTION AMONG TORTFEASORS LAW › § 6304. Release of 1 joint tortfeasor.

§ 6304. Release of 1 joint tortfeasor.
(a) A release by the injured person of 1 joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasor unless the release so provides; but reduces the claim against the other tortfeasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid.
(b) A release by the injured person of 1 joint tortfeasor does not relieve the 1 joint tortfeasor from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to secure a money judgment for contribution has accrued, and provides for a reduction, to the extent of the pro rata share of the released tortfeasor, of the injured person's damages recoverable against all the other tortfeasors.
47 Del. Laws, c. 151, §§  4, 5;  10 Del. C. 1953, §  6304;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 63. UNIFORM CONTRIBUTION AMONG TORTFEASORS LAW › § 6305. Indemnity.

§ 6305. Indemnity.
This chapter does not impair any right of indemnity under existing law.
47 Del. Laws, c. 151, §  6;  10 Del. C. 1953, §  6305;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 63. UNIFORM CONTRIBUTION AMONG TORTFEASORS LAW › § 6306. Third-party practice.

§ 6306. Third-party practice.
(a) Third-party practice under this chapter shall be as provided by rule of court except as provided in this section.
(b) A pleader may either:
(1) State as a cross-claim against a coparty any claim that the coparty is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant; or
(2) Move for judgment for contribution against any other joint judgment debtor, where in a single action a judgment has been entered against joint tortfeasors 1 of whom has discharged the judgment by payment or has paid more than his or her pro rata share thereof.
If relief can be obtained as provided in this subsection no independent action shall be maintained to enforce the claim for contribution.
(c) The court may render such judgments, 1 or more in number, as may be suitable under the provisions of this chapter.
(d) As among joint tortfeasors against whom a judgment has been entered in a single action, § 6302(d) of this title applies only if the issue of proportionate fault is litigated between them by cross-complaint in that action.
47 Del. Laws, c. 151, §  7;  10 Del. C. 1953, §  6306;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 63. UNIFORM CONTRIBUTION AMONG TORTFEASORS LAW › § 6307. Uniformity of interpretation.

§ 6307. Uniformity of interpretation.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.
47 Del. Laws, c. 151, §  9;  10 Del. C. 1953, §  6307;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 63. UNIFORM CONTRIBUTION AMONG TORTFEASORS LAW › § 6308. Short title.

§ 6308. Short title.
This chapter may be cited as the “Uniform Contribution Among Tortfeasors Law.”
47 Del. Laws, c. 151, §  10;  10 Del. C. 1953, §  6308;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 65. DECLARATORY JUDGMENTS › § 6501. Power of courts; form and effect of declaration.

§ 6501. Power of courts; form and effect of declaration.
Except where the Constitution of this State provides otherwise, courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect, and such declaration shall have the force and effect of a final judgment or decree.
Code 1935, §  4685A;  46 Del. Laws, c. 269, §  1;  10 Del. C. 1953, §  6501;  63 Del. Laws, c. 63, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 65. DECLARATORY JUDGMENTS › § 6502. Power to construe.

§ 6502. Power to construe.
Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.
63 Del. Laws, c. 63, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 65. DECLARATORY JUDGMENTS › § 6504. Persons entitled to declaration of rights or legal relations in respect to trust or estate of decedent.

§ 6504. Persons entitled to declaration of rights or legal relations in respect to trust or estate of decedent.
Any person interested as or through an executor, administrator, trustee, guardian, fiduciary, adviser, or protector under § 3313(a) of Title 12, designated representative under § 3339 of Title 12, creditor, devisee, legatee, heir, next-of kin or cestui que trust, in the administration of a trust, or the administration of the estate of a decedent, an infant, or a person with a mental condition, may have a declaration of rights or legal relations in respect thereto:
(1) To ascertain any class of creditors, devisees, legatees, heirs, next-of-kin or others; or
(2) To direct the executors, administrators or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
63 Del. Laws, c. 63, §  1;  78 Del. Laws, c. 179, §  25;  81 Del. Laws, c. 320, § 2;  84 Del. Laws, c. 182, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 65. DECLARATORY JUDGMENTS › § 6505. Enumeration not exclusive.

§ 6505. Enumeration not exclusive.
The enumeration in §§ 6502, 6503 and 6504 of this title does not limit nor restrict the exercise of the general powers conferred in § 6501 of this title, in any proceeding where declaratory relief is sought in which a judgment or decree will terminate the controversy or remove an uncertainty.
63 Del. Laws, c. 63, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 65. DECLARATORY JUDGMENTS › § 6506. Discretionary relief.

§ 6506. Discretionary relief.
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, will not terminate the uncertainty or controversy giving rise to the proceeding.
63 Del. Laws, c. 63, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 65. DECLARATORY JUDGMENTS › § 6507. Review.

§ 6507. Review.
All orders, judgments and decrees under this chapter may be reviewed as other orders, judgments and decrees.
Code 1935, §  4685A;  46 Del. Laws, c. 269, §  1;  10 Del. C. 1953, §  6501;  63 Del. Laws, c. 63, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 65. DECLARATORY JUDGMENTS › § 6508. Supplementary relief.

§ 6508. Supplementary relief.
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.
Code 1935, §  4685A;  46 Del. Laws, c. 269, §  1;  10 Del. C. 1953, §  6502;  63 Del. Laws, c. 63, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 65. DECLARATORY JUDGMENTS › § 6509. Determination of issues of fact.

§ 6509. Determination of issues of fact.
When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
Code 1935, §  4685A;  46 Del. Laws, c. 269, §  1;  10 Del. C. 1953, §  6503;  63 Del. Laws, c. 63, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 65. DECLARATORY JUDGMENTS › § 6511. Parties.

§ 6511. Parties.
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged unconstitutional, the Attorney General of the State shall also be served with a copy of the proceeding and be entitled to be heard.
63 Del. Laws, c. 63, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 65. DECLARATORY JUDGMENTS › § 6512. Purpose and construction of chapter.

§ 6512. Purpose and construction of chapter.
This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.
63 Del. Laws, c. 63, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 65. DECLARATORY JUDGMENTS › § 6513. “Person” construed.

§ 6513. “Person” construed.
The word “person”, wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.
63 Del. Laws, c. 63, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 66. STRUCTURED SETTLEMENTS › § 6603. Jurisdiction; procedure for approval of transfers.

§ 6603. Jurisdiction; procedure for approval of transfers.
(a) The Superior Court shall have nonexclusive jurisdiction over any application for authorization, under § 6601 of this title, of a transfer of structured settlement payment rights, except that if the structured settlement payment rights are held by a trustee, the Court of Chancery shall have exclusive jurisdiction over any application for authorization of a transfer of such rights.
(b) Not less than 20 days prior to the scheduled hearing on any application for authorization of a transfer of structured settlement payment rights under § 6601(2) of this title, the transferee shall file with the Court and serve on any other government authority which previously approved the structured settlement and on all interested parties a notice of the proposed transfer and application of its authorization, including in such notice:
(1) A copy of the transferee's application;
(2) A copy of the transfer agreement;
(3) A copy of the disclosure statement required under § 6601(2) of this title;
(4) Notification that any interested party is entitled to support, oppose or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the Court or responsible administrative authority or by participating in the hearing; and
(5) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed (which shall be not less than 15 days after service of the transferee's notice) in order to be considered by the Court or responsible administrative authority.
(c) Those parties, persons and officials named in § 6603(b) of this title shall have standing to raise, appear and be heard on any matter relating to an application for authorization of a transfer of structured settlement payment rights under this chapter.
(d) In cases where the payee shall not be represented by counsel, or where the payee and the transferee shall be represented by the same counsel, and the Court, in the exercise of its reasonable discretion, finds that the payee does not adequately comprehend the substance of the transaction, the Court may appoint an attorney ad litem who shall advise the Court if, in their opinion, the requirements of § 6601 of this title have been met. The costs and fees incurred by such attorney ad litem shall be borne by the payor or transferee and shall not be passed on to the payee or deducted from the payee's structured settlement agreement proceeds, provided that such costs do not exceed $500.
72 Del. Laws, c. 303, §  1;  75 Del. Laws, c. 148, §§  2, 3;  75 Del. Laws, c. 301, §  4;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 66. STRUCTURED SETTLEMENTS › § 6604. No waiver; no penalties.

§ 6604. No waiver; no penalties.
(a) The provisions of this chapter shall not be waived.
(b) No payee who proposes to make a transfer of structured settlement payment rights shall inure any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee based on any failure of such transfer to satisfy the conditions of § 6601 of this title.
72 Del. Laws, c. 303, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 67. EJECTMENT › § 6701. Procedure.

§ 6701. Procedure.
(a) The legal title to lands or to any tenements whereon entry can be made may be tried in a civil action, based upon a cause of action in ejectment. The action shall be begun by filing in the office of the prothonotary of the county in which the lands or tenements lie a complaint setting forth the cause or causes of action of the plaintiff, a sufficient description of the lands and tenements claimed and such other facts as may be pertinent. If the premises for which the action is brought are actually occupied by any person such actual occupant shall be named defendant in the action, and all other persons claiming title or interest to or in the same may be joined as defendants. If the premises are not occupied the action shall be brought against some person exercising acts of ownership on the premises claimed or claiming title thereto or some interest therein at the commencement of the action. Upon the filing of such complaint a summons shall issue to the defendants named in the complaint and the same shall be served by the sheriff, together with a copy of the complaint, upon the defendant or defendants in the usual manner. The summons shall require the defendant therein to appear in the cause and to file an answer within 20 days after the service of the summons and complaint. The sheriff shall make return of his or her service as soon as the same can be done, irrespective of any term or terms of court.
(b) The answer or answers of the defendant or defendants shall set forth all of the defenses in law or fact and any defenses in law may be heard by the court at such time or in such manner as may be appropriate.
Code 1852, §§  2601, 2602;  Code 1915, §§  4529, 4530;  Code 1935, §  4984;  44 Del. Laws, c. 178, §  1;  10 Del. C. 1953, §  6702;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 69. HABEAS CORPUS › § 6901. Jurisdiction to grant writs.

§ 6901. Jurisdiction to grant writs.
The writ of habeas corpus shall be awarded and issued by the Superior Court except in cases involving child support enforcement in which case the writ shall be awarded and issued by the Family Court. The writ may also be awarded and issued by the Family Court in other cases which are otherwise within its jurisdiction. A petition for the issuance of a writ of habeas corpus may be reviewed and decided by the judge issuing the order incarcerating the petitioner in the first instance.
Code 1852, §  2545;  Code 1915, §  4477;  Code 1935, §  4929;  10 Del. C. 1953, §  6901;  70 Del. Laws, c. 354, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 69. HABEAS CORPUS › § 6902. Persons entitled to writs; exceptions.

§ 6902. Persons entitled to writs; exceptions.
Every person imprisoned or restrained of liberty by any officer or person, for any cause or under any color or pretense, shall have remedy by the writ of habeas corpus, and may obtain relief, except:
(1) Persons committed or detained on a charge of treason or felony, the species whereof is plainly and fully set forth in the commitment;
(2) Persons convicted of, or charged with, treason, felony, or any offense in another state, who ought, by the Constitution of the United States, to be delivered to the executive of such state, subject to the provisions of § 2510 of Title 11; and
(3) Persons imprisoned by the authority of the United States.
Code 1852, §§  2541-2544;  Code 1915, §  4476;  Code 1935, §  4928;  10 Del. C. 1953, §  6902;  49 Del. Laws, c. 220, §  7;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 69. HABEAS CORPUS › § 6903. Person committed for contempt; notice of hearing.

§ 6903. Person committed for contempt; notice of hearing.
(a) A person committed by any judge of this State, a justice of the peace, or by the mayor or any alderperson of any city or town, for a contempt, except a contempt issued by the Family Court in a case involving a child support order, shall be entitled to the writ of habeas corpus in the Superior Court. A person committed by the Family Court in a case involving a child support order shall be entitled to the writ of habeas corpus in the Family Court.
(b) Notice shall be given to the committing magistrate of the time and place of hearing. The prisoner may deny the alleged contempt, under oath. The court or judge may remand or discharge the party.
Code 1852, §§  2562, 2563;  Code 1915, §  4493;  Code 1935, §  4945;  10 Del. C. 1953, §  6903;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 354, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 69. HABEAS CORPUS › § 6904. Custody of minor child.

§ 6904. Custody of minor child.
A writ of habeas corpus may be procured by 1 spouse living apart from the other, without being divorced, to determine the proper custody or charge of a minor child of the marriage, and orders may be made thereon, as provided by § 705 of Title 13 [repealed].
16 Del. Laws, c. 477, §  1;  Code 1915, §  4495;  Code 1935, §  4947;  10 Del. C. 1953, §  6904;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 69. HABEAS CORPUS › § 6905. Application.

§ 6905. Application.
Application for a writ of habeas corpus may be made by the party complaining, or anyone for such party, setting forth upon oath, where and by whom, and for what cause, to the best of his or her knowledge, such party is imprisoned or restrained of liberty, and exhibiting a copy of the commitment, if there be any, or showing why such copy could not be procured.
Code 1852, §  2546;  Code 1915, §  4478;  Code 1935, §  4930;  10 Del. C. 1953, §  6905;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 69. HABEAS CORPUS › § 6906. Award and service of writ.

§ 6906. Award and service of writ.
(a) The court or judge, to whom an application under this chapter is made, shall, without delay, under penalty of $1,000 to the party aggrieved, award and issue a writ of habeas corpus under seal of the court, directed to the officer or person in whose custody the prisoner is detained, returnable forthwith before such court or judge.
(b) The writ may be served by anyone who will do the service.
Code 1852, §  2547;  Code 1915, §  4479;  Code 1935, §  4931;  10 Del. C. 1953, §  6906;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 69. HABEAS CORPUS › § 6907. Method of service; return.

§ 6907. Method of service; return.
(a) When the writ of habeas corpus is served on the person to whom it is directed, either personally or by being left with any deputy or agent of the person at the place where the prisoner is detained, such person shall, without delay and within 3 days thereafter, produce the body of the prisoner as therein commanded; and shall fully certify in writing and under oath, the true cause or causes of the prisoner's detainer, and a copy of all process under which the prisoner is detained.
(b) The return may be contradicted, and may also be amended.
Code 1852, §  2548;  Code 1915, §  4480;  Code 1935, §  4932;  10 Del. C. 1953, §  6907;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 69. HABEAS CORPUS › § 6908. Examination by court.

§ 6908. Examination by court.
The court or judge shall, upon the return of a writ of habeas corpus, without delay, proceed to examine the causes of imprisonment or restraint, giving notice to any party interested, and to the Attorney General or the Attorney General's deputy in cases of felony. The examination may be adjourned if necessary and the prisoner detained.
Code 1852, §  2549;  Code 1915, §  4481;  Code 1935, §  4933;  10 Del. C. 1953, §  6908;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 69. HABEAS CORPUS › § 6909. Discharge generally; defects in commitment.

§ 6909. Discharge generally; defects in commitment.
(a) If no legal cause be shown for the imprisonment or restraint, the court or judge shall discharge the party therefrom. Any order entered upon a petition for a writ of habeas corpus discharging the prisoner from custody or otherwise granting relief to the prisoner may be appealed by the State to the Delaware Supreme Court.
(b) No person shall be discharged for a mere defect in the commitment, if the evidence before the court or judge is sufficient to require that he or she should be committed, or bound for his or her appearance. In such case the committing magistrate shall be summoned, proper witnesses examined, and the accused committed properly.
Code 1852, §§  2550, 2557, 2558;  Code 1915, §§  4482, 4489;  Code 1935, §§  4934, 4941;  10 Del. C. 1953, §  6909;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 231, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 69. HABEAS CORPUS › § 6911. Discharge on bail.

§ 6911. Discharge on bail.
If the party is detained for any cause or offense for which the party is bailable, the party shall be discharged on becoming bound by recognizance, in a proper sum and with sufficient surety, for appearance at the court having cognizance of the matter. If the party does not give such security, the party shall be remanded with an order therefor expressing the sum in which the party is held to bail, and the court at which the party is required to appear. Any justice of the peace, court or other officer authorized by law to take bail, may, at any time before the sitting of the court, bail the party pursuant to such orders.
Code 1852, §  2551;  Code 1915, §  4483;  Code 1935, §  4935;  10 Del. C. 1953, §  6911;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 69. HABEAS CORPUS › § 6912. Reduction of excessive bail.

§ 6912. Reduction of excessive bail.
If the party is committed on mesne process in a civil action for want of bail, and it appears that the sum required is excessive, the court or judge shall decide what bail is reasonable, and shall order that, on giving such bail, the party shall be discharged.
Code 1852, §  2552;  Code 1915, §  4484;  Code 1935, §  4936;  10 Del. C. 1953, §  6912;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 69. HABEAS CORPUS › § 6913. Remand.

§ 6913. Remand.
If the party is lawfully imprisoned or restrained and is not entitled to be discharged on giving bail, the party shall be remanded or otherwise properly committed.
Code 1852, §  2553;  Code 1915, §  4485;  Code 1935, §  4937;  10 Del. C. 1953, §  6913;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 69. HABEAS CORPUS › § 6914. Delivering copy of warrant or process; penalty.

§ 6914. Delivering copy of warrant or process; penalty.
Any officer or such officer's deputy, neglecting for 6 hours after demand, to deliver a true copy of any warrant or process by which the officer detains a prisoner to any person who demands such copy and tenders a reasonable sum for copying the same, shall forfeit and pay to such prisoner $200.
Code 1852, §  2554;  Code 1915, §  4486;  Code 1935, §  4938;  10 Del. C. 1953, §  6914;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 69. HABEAS CORPUS › § 6915. Returning writ and producing body; violations and penalties; compelling production.

§ 6915. Returning writ and producing body; violations and penalties; compelling production.
(a) If any officer or person to whom the writ of habeas corpus is directed, or any deputy of such officer, or agent of such person, neglects to return the writ and produce the body as required by § 6907 of this title, it shall be a contempt of the court under whose seal the writ issued and a forfeiture of office. Such officer, person, deputy, or agent shall forfeit and pay to the prisoner $500.
(b) Where the writ of habeas corpus is made returnable before the Superior Court, such contempt shall be punishable by the Court by both fine and imprisonment, or either, in its discretion; and the Court may, by attachment for contempt, compel the production before it, of the body of the person imprisoned or restrained of liberty.
Code 1852, §  2555;  17 Del. Laws, c. 222;  Code 1915, §  4487;  Code 1935, §  4939;  10 Del. C. 1953, §  6915;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 69. HABEAS CORPUS › § 6916. Evasion of writ; penalty.

§ 6916. Evasion of writ; penalty.
Whoever, having in his or her custody or under his or her power, any person entitled to a writ of habeas corpus, whether any writ has been issued or not, with intent to elude the service of such writ, or to avoid the effect thereof, transfers the prisoner to the custody, or places the prisoner under the power or control of any other person, or conceals the prisoner, or changes the place of the prisoner's confinement, shall forfeit and pay to the party aggrieved $3,600.
Code 1852, §  2560;  Code 1915, §  4491;  Code 1935, §  4943;  10 Del. C. 1953, §  6916;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 69. HABEAS CORPUS › § 6917. Rearrest of discharged person for same offense; exceptions.

§ 6917. Rearrest of discharged person for same offense; exceptions.
No person who has been discharged on a habeas corpus shall be again imprisoned or restrained for the same cause, unless the person is indicted therefor, or convicted thereof, or committed for want of bail by some court having jurisdiction of the cause; or unless, after a discharge for defect of proof, or for some material defect in the commitment in a criminal case, the person is again arrested on sufficient proof, and committed by legal process for the same offense.
Code 1852, §  2556;  Code 1915, §  4488;  Code 1935, §  4940;  10 Del. C. 1953, §  6917;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 69. HABEAS CORPUS › § 6918. Costs and fees.

§ 6918. Costs and fees.
The costs in any proceeding under this chapter may be ordered to be paid by the county or otherwise. If the commitment is insufficient, the justice or officer who made it shall have no compensation for attendance.
Code 1852, §  2559;  Code 1915, §  4490;  Code 1935, §  4942;  10 Del. C. 1953, §  6918;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7101. Short title.

§ 7101. Short title.
This chapter shall be known as and may be cited as the “Criminal Nuisance Abatement Act”.
72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7102. Purpose; construction.

§ 7102. Purpose; construction.
(a) This chapter shall be liberally construed and applied so as to promote its underlying purposes, which are:
(1) To authorize temporary and permanent abatement relief and other remedies to abate any criminal nuisance as defined herein;
(2) To eliminate locations that otherwise attract criminals, violence and the threat of violence associated with either illegal drug trade or any of the other nuisances defined herein;
(3) To abate drug nuisances and illegal drug activity as well as the other nuisances defined herein that otherwise reduce property values, injure legitimate businesses and commerce and erode the quality of life for law-abiding persons working or residing in or near these locations;
(4) To ensure that the civil actions and remedies authorized by this chapter be heard by the courts on a priority basis to expeditiously identify and abate all nuisances, particularly those involving illegal drug trade or activity; and
(5) To encourage owners, landlords, operators and managers of buildings, places or premises (hereinafter referred to as “premise”) to take the affirmative steps necessary to prevent violations on their properties involving any of the above nuisances, particularly those involving illegal drug trade or activity.
(b) Any action brought pursuant to this chapter, regardless of the remedy or remedies sought or ordered, is intended to be by the General Assembly and shall be deemed to be an action for abatement of a criminal nuisance.
(c) Any action brought on the basis of a criminal nuisance defined at § 7103(5)b. of this title is intended to abate the criminal nuisance existing on those properties where illegal firearms exist and those who use illegal firearms congregate. It is not intended to interfere with the right to lawful possession or use of firearms by law abiding citizens.
72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §§  3-7;