Whoever is imprisoned for debt, damages, or costs of a civil action, or for nonperformance of an order or judgment for the payment of money, by virtue of original execution, other process, or commitment, may prefer to the Superior Court of the county wherein such person is imprisoned, a petition stating the imprisonment and the cause thereof, and the inability of the petitioner to maintain himself, herself or his or her family, and praying for relief.

Code 1852, § ?2717; Code 1915, § ?4638; Code 1935, § ?5096; 10 Del. C. 1953, § ?7351; 70 Del. Laws, c. 186, § ?1;