SENATE BILL NO. 369
AN ACT TO AMEND CHAPTER 51, TITLE 10 OF THE DELAWARE CODE TO ALLOW A PLAINTIFF WHO ENTERS A CIVIL SUIT IN JUSTICE OF THE PEACE COURT NO. 5 AGAINST A CITIZEN WHO RESIDES IN MILFORD TO RECOVER COSTS DUE TO MILFORD'S UNIQUE DUAL COUNTY STATUS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §5102, Chapter 51, Title 10, Delaware Code, by striking said Section in its entirety, and substituting in lieu thereof a new §5102 to read as follows:
"§5102. Civil Actions where Defendant Resides in Another County
Except where a plaintiff sues a citizen who resides within the city limits of Milford or within two miles of said limits and the suit is filed in Justice of the Peace Court No. 5 in Milford, wherever suit Is brought in any civil action, excepting action where the venue is by law local, against any citizen of this State, in any other county than that wherein such citizen resides at the time of the inception thereof, the plaintiff shall not recover his costs and such costs shall not be payable by the defendant nor collectible by execution process."
Approved June 5, 1984.