CHAPTER 242

AN ACT TO AMEND TITLE 10, DELAWARE CODE, SECTION 9578, RELATING TO ENTRY OF SECURITY ON APPEAL FROM THE JUSTICE OF THE PEACE TO PROVIDE CIRCUMSTANCES UNDER WHICH PLAINTIFF NEED NOT ENTER SECURITY.

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

Section 1. Title 10, Section 9578, Delaware Code, is hereby amended by adding thereto a new sub-section (d), as follows:

(d) When the plaintiff is the appellant and no counterclaim is involved, such plaintiff need offer no security to cover the judgment appealed from or the costs; provided, that the costs of the proceedings before the Justice are paid before the appeal is taken and the advance deposit for costs provided in the Superior Court Rules is made.

Approved. April 14, 1964.