On an affidavit made and filed by the plaintiff, or any credible person for the plaintiff, that the defendant is justly indebted to the plaintiff in a stated sum not exceeding $15,000 and has absconded, or is as that person believes, about to remove the defendant’s person, or the defendant’s effects out of the State, with intent to defraud the defendant’s creditors, or intentionally conceals the defendant’s person, so that process of summons cannot be served on the defendant, or is a nonresident of the State, as the case may be, the justice shall issue a writ of attachment; provided, however, that no such writ of attachment shall issue unless the affidavit provides specific facts demonstrating the validity of the debt and for believing that the debtor has absconded or is about to remove the defendant’s person or the defendant’s effects out of the State, with intent to defraud the defendant’s creditors, or intentionally concealed the defendant’s person so that process of summons cannot be served on the defendant, or is a nonresident of the State; provided further, that the plaintiff provide, at the time of filing, a cash bond in the amount of $100 conditioned that if the suit shall not be prosecuted with effect, or if the judgment rendered therein shall be in favor of a defendant, the plaintiff will pay any and all costs which may be awarded to a defendant, together with any and all damages, not exceeding the amount of the bond, which a defendant in the suit may have sustained by reason of such attachment, the remainder, if any, to be returned to the plaintiff when judgment is rendered.

Code 1852, § 2156; 18 Del. Laws, c. 678, § 1; Code 1915, § 4043; 34 Del. Laws, c. 221, § 6; Code 1935, § 4530; 10 Del. C. 1953, § 9590; 55 Del. Laws, c. 297, § 8; 57 Del. Laws, c. 192, § 8; 65 Del. Laws, c. 30, § 3; 66 Del. Laws, c. 393, § 1; 67 Del. Laws, c. 426, § 6; 69 Del. Laws, c. 425, § 6; 70 Del. Laws, c. 186, § 1.