A writ of capias ad respondendum is served by arresting the defendant, but the defendant shall be discharged upon giving sufficient bail.

Code 1852, § ?2242; Code 1915, § ?4091; Code 1935, § ?4582; 10 Del. C. 1953, § ?3106; 70 Del. Laws, c. 186, § ?1;

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Terms Used In Delaware Code Title 10 Sec. 3106

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.