CHAPTER 346

RELATING TO APPEALS TO SUPREME COURT

AN ACT TO AMEND CHAPTER 1, TITLE 10, OF THE DELAWARE CODE RELATING TO THE TIME FOR TAKING APPEALS TO THE SUPREME COURT.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 145, Title 10, of the Delaware Code is amended to read as follows:

§ 145. Time for appeal from final judgment of Court of Chancery or Orphans' Court

No appeal from a final judgment or decree of the Court of Chancery or Orphans' Court shall be received or entertained in the Supreme Court, unless the praecipe or notice of appeal is duly filed in the office of the clerk thereof within sixty days after the date of the judgment or decree. This section shall not affect the time for appeal from such judgments or decrees dated prior to the enactment hereof, which shall be subject to the six months' limitation heretofore in effect.

Section 2. § 147, Title 10, of the Delaware Code relating to the time for appeal from the Superior Court in criminal actions is amended to read as follows:

§ 147. Time for appeal from Superior Court in criminal actions

No appeal from the Superior Court in a criminal action shall be received or entertained in the Supreme Court, unless the praecipe or notice of appeal is duly filed in the office of the clerk thereof within sixty days after the imposition of sentence. This section shall not affect the time for appeal in any case where sentence was imposed prior to the enactment hereof, which shall be subject to the six months' limitation heretofore in effect.

Section 3. Subchapter HI of Chapter 1, Title 10, of the Delaware Code is amended by adding thereto a new section, to be designated § 148, as follows:

§ 148. Time for appeal from Superior Court in civil actions

No appeal from a final judgment of the Superior Court in a civil action shall be received or entertained in the Supreme Court, unless the praecipe or notice of appeal is duly filed in the office of the clerk thereof within sixty days after the entry of such judgment. This section shall not affect the time for appeal from final judgments entered prior to the enactment hereof, which shall be subject to the six months' limitation heretofore in effect.

Approved April 2, 1958.