CHAPTER 114

LIMITATION OF PERSONAL ACTIONS

AN ACT TO AMEND CHAPTER 146 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO LIMITATION OF PERSONAL ACTIONS.

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

Section 1. That Chapter 146 of the Revised Code of Delaware, 1935, as amended, be and it hereby is further amended by changing the heading of 5133. Sec. 10. thereof from the words "Action for Personal Injuries:" to the words and abbreviation--Actions for Personal Injuries; Wages &c:--and by adding at the end of said 5133. Sec. 10. a new paragraph reading as follows:

No action for recovery upon a claim for wages, salary, or overtime for work, labor or personal services performed, or for damages (actual,-compensatory or punitive, liquidated or otherwise), or for interest or penalties resulting from the failure to pay any such claim, or for any other benefits arising from such work, labor or personal services performed or in connection with any such action, shall be brought after the expiration of one year from the accruing of the cause of action on which such action is based. This paragraph shall apply to all such actions, whether the causes of action on which such actions are based shall have accrued prior, or may accrue subsequent, to the date when this paragraph shall have become effective, provided, however, that any such action based on a cause of action which had accrued prior to the effective date of this paragraph and which at the time of the commencement of the action on such cause of action would not have been barred by any statute of limitations applicable thereto but for the enactment of this paragraph, may be maintained, if commenced within six months after the effective date of this paragraph; and provided, further, that this paragraph shall not affect suits pending at the time it became law. All acts or parts of acts in conflict with this paragraph are hereby repealed to the extent to which they are so in conflict but only to such extent. If any provision or any portion of any provision of this paragraph or the application thereof to any person or any circumstance is held invalid, the remainder of this paragraph and the application of such provision or portion thereof to any other person or circumstance shall not be affected thereby.

Approved April 2, 1947.