CHAPTER 244 - EXECUTIONS

AN ACT TO AMEND CHAPTER 133, ARTICLE 1 OF THE REVISED CODE OF DELAWARE (1915) RELATING TO EXECUTIONS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 133, Article l, of the Revised Code of the State of Delaware (1915) be and the same is hereby amended by inserting immediately following 4331, Section 12, the following which shall be known as 4331A, Section 12A of the Revised Code of the State of Delaware:

4331A, Section. 12A. Exemption of wages; sixty per centum in Kent and Sussex Counties; exception of board or lodging for fifty dollars and costs; attachment process limited to necessaries of life; one attachment; benefit or priority; garnishee; limit of costs; how paid:--Sixty per centum of the amount of the wages for labor or service of any person residing within Kent and Sussex Counties shall be exempt from mesne attachment process and execution attachment process under the laws of this State, except where the said execution attachment process is for board or lodging or both, as the case may be, and for an amount not exceeding fifty dollars exclusive of costs.

The provisions of this section as to the liability to attachment process of forty per centum of wages for any debt, shall apply solely to debts incurred for or on account of the purchase of food, provisions and articles used in the home, commonly designated as the necessaries of life.

On any amount of wages due for a stated and regular period, not exceeding one month, for the payment of such wages, only one attachment may be made; any creditor causing such attachment to be made shall have the benefit of his priority. The garnishee in any attachment made under the provisions of this section shall be paid the sum of fifteen cents; and the total liability of the debtor for costs under any attachment, laid in accordance with the provisions of this section, shall not exceed the sum of ninety cents; provided, however, that said costs, incurred in the laying of any attachment under this section, shall be paid out of the whole amount of said wages attached, notwithstanding the provisions of paragraph 1 of this Section exempting sixty per centum of wages.

Approved April 15, 1935.